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02-10-09 Agenda• CITY OF RICHFIELD, MINNESOTA TUESDAY, FEBRUARY 10, 2009 SPECIAL CITY COUNCIL WORKSES$ON CITY COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 1. Discussion regarding proposed Cedar Point Phase II public financing (Council Memo No. 21) Notes: • Adjournment SPECIAL CITY COUNCIL MEETING CITY HALL EXECUTIVE CONFERENCE ROOM 6700 PORTLAND AVENUE 6:30 P.M. AGENDA ` Call to order Roll call 1: Interview of persons interesting in serving on City advisory commissions (Council Memo No. 22) Notes: Adjournment REGULAR CITY COUNCIL MEETING , COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 .minutes maximum) Each speaker is to keep their comment period fo three minutes to allow sufficient time for others, Comments are to be an opportunity to address the Council on items not on the agenda: Individuals who wish to address the Council must have registered. prior to the meeting. Notes: • Pledge of Allegiance Approval of minutes of (1) Special City Council/City Hall Advisory Task Force Meeting of January 22, 2009; (2) Special City Council Worksession of January 23, 2009; (3) Special City Council Meeting of January 27, 2009; and (4) Regular City Council Meeting of January 27, 2009 PRESENTATIONS 1. Introduction of Richfield Firefighter John Wolfgram 2. Introduction of recently promoted Richfield Fire Captain John Huppertz COUNCIL DISCUSSION 3. Council discussion • Hats Off to Hometown Hits • Request from Minneapolis City Council Member Elizabeth Hodges Notes: AGENDA APPROVAL 4. Council approval of agenda. CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by.the City Council in one motion. Once the Consent Calendar has been approved, the .individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading of ordinance amendment to Richfield City Code 1202.07 subd. 3(b) requiring only on-sale intoxicating liquor licensed establishments to have total market value, including land and buildings, of at least $600,000 as license eligibility requirement and scheduling second reading for February 24, 2009 S.R. No. 31 B. Consideration of approval of resolution amending conditional use permit allowing construction of additional 75-foot telecommunication tower at 6221 Portland Avenue, Richfield Water Treatment Facility S.R. No. 32 C. Considerationof approval of resolutions affirming and ratifying submittal of applications to Hennepin County for transit oriented development program grant for streetscape and transit improvements on Penn Avenue Corridor and at Lakes of . Lyndale Corridor S.R. No. 33 D. Consideration of approval of resolution authorizing land acquisition, design and construction cooperation agreement between Metropolitan Council Environmental Services and City of Richfield for Edina-Richfield Interceptor Improvements Project S.R. No. 34 E. Consideration of approval of proposed Surface Water Comprehensive. Plan for City of Richfield S.R. No. 35 F.~ Consideration of approval of amendment to 2009 emergency preparedness contract with City of Bloomington for outreach and training coordination with grant funds received related to Community Emergency Response Team S.R. No. 36 G. Consideration of approval of, as to form, memorandum of understanding between City of Bloomington and any Richfield entities who will agree to support goal of alternative methods of dispensing preventive medication to entire City population within 48 hours S.R. No. 37 H. Consideration of approval of purchase of five new Richfield Police squad cars from Elk River Ford, Inc. in amount of $116,211.80 S.R. No. 38 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 7. Consideration of first reading of transitory ordinance providing expenditure funds from Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 10, 2009 Staff Report No. 39 Notes: RESOLUTION 8. Consideration of resolution.authorizing amendments to 2008-2009 labor agreement with International Union of Operating Engineers Local 49 Staff Report No. 40 Notes: PUBLIC HEARINGS 9. Public hearing. regarding request to except Velmeir Company from Penn Avenue development moratorium enacted September 11, 2008 for proposed CVS development at 6528 Penn Avenue and- recommending denial of request to allow consideration of conditional use permit application at 6528 Penn Avenue with finding Staff Report No. 41 Notes: 10. Public hearing regarding resolution authorizing specified use of Community Development Block Grant allocation for 2009 Staff Report No. 42 Notes: OTHER BUSINESS 11. Consideration of purchase of construction manager services from Stahl Construction Company for new Police/Fire/City Hall facility and authorize City Manager to execute contract not to exceed $571,000 (tabled from January 27, 2009) • Staff Report No. 43 Notes: 12. Consideration of award of contract to Shadywood Tree Experts for diseased tree removal from City boulevards in amount of $62,901.24 Staff Report No. 44 Notes: 13. Consideration of appointments to City advisory commissions Staff Report No. 45 Notes: CITY MANAGER'S REPORT 14. City Manager's report Notes: 15. 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 fo 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: 16. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. • • AGENDA SECTION: CONSENT AGENDA ITEM # 5A REPORT # 31 J REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STAr~r~ REPORT CITY COUNCIL MEETING FEBRUARY 10, 2009 BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE ~ ' ITEM FOR COUNCIL CONSIDERATION: Consideration of a first reading of an ordinance amendment to Richfield City Code 1202.07 subd 3. (b) which would require that only on-sale intoxicating liquor licensed establishments must have a total market value, including land and buildings, of at least $600,000 as a license eligibility requirement. On-sale Wine and 3.2 malt liquor licensed- establishments would not have to meet this requirement. I. RECOMMENDED ACTION: By Motion: Approve the first reading of an ordinance amendment to Richfield City Code 1202.07 subd. 3 (b): 1. Requiring that only on~sale intoxicating liquor licensed establishments must have a total market value, including land and buildings, of at least $600,000 as a license eligibility requirement. 2. On-sale Wine and 3.2 malt liquor licensed establishments would not have #o meet this requirement. 3. Set the second readingfor Februar~24, 2009. . _.~ II. BACKGROUND In 2004, the City undertook a merger of individual City code sections for on-sale intoxicating liquor, wine and 3.2 malt liquor so that all sections were contained in one specific area of the code. Prior to that time, a requirement was in place within the on-sale intoxicating liquor code that stated that on-sale intoxicating liquor 0210 First Reading Ordinance Amendment Requiring Market Value on On-Sale Intox Liquor licensed establishments musf have a total market value, including land and buildings, of at least $600,000 as a license eligibility requirement. When the merger of the three individual codes. occurred and it became one code section, that $600,000 land and building value requirement also was. required of on- sale wine and 3.2 malt liquor licensees. It was never the City's intention to expect those establishments selling wine/3.2 malt liquor to meet that same requirement but was overlooked at the time. that the individual codes were merged into one. This, then, is a first reading of an amendment to the current code Section 1202.07, subd 3(b) that clarifies and corrects the City's intent concerning this issue. The second reading has been scheduled for February 24, 2009. III. BASIS OF RECOMMENDATION A. POLICY • The City embraces small businesses within the business community and never intended for this requirement to be in place for those - . businesses selling on-sale wine/3.2 malt liquor, but rather was intended for-on-sale intoxicating liquor licensed establishments only. This would mean that the City is more business friendly for those smaller establishments that want to offer wine or 3.2 malt liquor to customers along with their meals. B. CRITICAL ISSUES • The privilege of having an on-sale intoxicating liquor license brings • .with it even more responsibility and the need for more oversight by the City. Setting limits on building and land value minimums is one way that the City can be assured owners are committed to being responsible business owners and that they take this privilege and its responsibilities more seriously. ~ C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed this ordinance amendment and approves of the change in the ordinance. E. ENVIlZONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide not to approve the first reading of an amended .ordinance which would mean that on-sale wine/3.2 malt liquor licensed establishments would need to meet the building and land value minimums as currently contained in the ordinance. V. ATTACHMENTS • :City Code 1202.07, subd 3(b) VI. _ PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~-i BILL NO. AMENDMENT TO SECTION 1202.07 OF THE ORDINANCE , CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: _ Section 1. Subsection 1202.07 Subdivision 3, paragraph. b of the ordinance code of the City of Richfield entitled "Restaurants" is hereby amended: Subd.3. Specific entities. b) Restaurants. An on-sale intoxicating liquor license. may not be granted to a restaurant which does not have a total market value, including land and buildings, of at least $600.000. Passed by the City Council of the City of Richfield, Minnesota this 24th day of February, 2009. Debbie Goettel, Mayor ATTEST: • Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 5B REPORT # 32 STAr~r~ REPORT .MELISSA POExI.,MAN, CITY PLANNER CITY COUNCIL MEETING FEBRUARY 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: N.an~r;, TITLE ~_ SIGNATURE *.r ~- ITEM FOR COUNCIL CONSIDERATION: Consideration of an amendment to a conditional use permit that would allow the construction of an additional 75-foot telecommunication tower at 6221 Portland Avenue, Richfield Water Treatment Facility. The proposed tower is for commercial use. -~ RECOMMENDED ACTION: By Motion: Approve an amendment to a conditional use permit allowing construction of an additional 75-foot telecommunication tower at 6221 Portland Avenue, Richfield Water Treatment Facility. ~ ___ II. BACKGROUND T-Mobile USA ("T-Mobile") is requesting permission to construct a 75-foot monopole and install associated ground equipment located at 6221 Portland Avenue, the Richfield Water Treatment Facility. T-Mobile representatives have worked with Assistant Utility Superintendent Robert Hintgen to address City concerns related to access and maintenance. If the proposed amendment is approved, T-Mobile will work with Finance Manager Chris Regis to complete a lease agreement that is acceptable to both parties. The attached plans depict an 80-foot tall .monopole. The maximum allowable height is 75-feet. If approved, T-Mobile will submit revised engineering drawings of a tower meeting this maximum height limitation. 021009 6221 Penn ACUP for tower III. BASIS OF RECOMMENDATION A. POLICY • In the Single-Family Residential District (R), telecommunication towers are conditionally permitted on government, school, utility and institutional sites when in conformance with the applicable provisions of Section 544.25 of the Zoning Code. All requirements have been met. • All findings necessary to issue and/or amend a conditional use permit (547.09, Subd. 6) have been met. B. CRITICAL ISSUES • T-Mobile has identified the area around the water treatment facility as a demand area requiring both signal coverage and capacity. • There is an existing retractable monopole at the water treatment facility; however the nature of a retractable pole makes co-location of antenna facilities impossible. This existing equipment is used by the Public Works Department to monitor the functioning of utility facilities throughout the City. • T-Mobile has been in contact with Finance Manager Chris Regis and fully understands that approval of this amendment is contingent upon the execution of a lease. agreement for use of the property. • Service technicians will visit the site approximately one time per month. on a scheduled basis for routine maintenance. T-Mobile has agreed to include language in the lease agreement specifically outlining procedures for. both these routine visits and emergency situations. All access will be coordinated with the Public Works Department. • T-Mobile acknowledges that any future co-locator will need to enter into a separate ground lease with the City. • The Planning Commission voted unanimously (8-0) to recommend approval of the proposed amendment. C. FINANCIAL The required application fee has been paid. D. LEGAL • 60-DAY RULE: 60 day clock `started' when complete application was received on December 23, 2008. A decision must be given to the applicant by February 23, 2009, OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. NOTIFICATION: A public hearing was conducted before the Planning Commission on January 26, 2009. Notification of the hearing was provided in accordance with City and State requirements. E. ENVIRONMENTAL CONSIDERATIONS • No environmental impacts are anticipated. The surrounding tree cover in Veteran's Park will help to screen the tower from view. IV. ALTERNATIVE RECOMMENDATION(S) • Deny the proposed amendment with a finding that the proposed use would have an adverse impact on surrounding properties or the City as a whole. V. ATTACHMENTS • Resolution • Site plans • Surrounding land use map VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Paul Harrington, designated T-Mobile representative • • ~~~ RESOLUTION NO. RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT ALLOWING CONSTRUCTION OF AN ADDITIONAL 75 FOOT TELECOMMUNICATION TOWER AT 6221 PORTLAND AVENUE (CITY WATER TREATMENT FACILITY) WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a .conditional use permit to allow the .construction of a 75-foot telecommunication tower at propert commonly known as 6221 Portland Avenue (Richfield Water Treatment Facility), property legally described in Attachment A; and WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested amendment at 6221 Portland Avenue at its January 26, 2009 meeting; and WHEREAS, this requested amendment at 6221 Portland Avenue meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested amendment at 6221 Portland Avenue meets the requirements necessary for issuing a conditional use permit for a telecommunication tower and related. features as specified in Richfield's Zoning Code, Section 544.25; and WHEREAS, the City has fully considered the requesfifor approval of the amendment; - NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of .Richfield, Minnesota, as follows: 1. An amendment to a conditional use permit is issued to allow a 75-foot. telecommunication tower and related ground equipment, as described in City Council Staff Report No. , on the Subject Property legally described above. 2. This amended conditional use permit at 6221 Portland Avenue is subject to the following condition in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • That the recipient enters into a lease agreement with the City of Richfield for use of the property prior to the issuance of any building permits. The lease agreement-shall include access procedures; • -That the location of the existing water line be field verified; • That the recipient apply for building permits as required prior to any work beginning; and • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 546.05, Subd. 7. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of February, 2009. • ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk 021009 6221 Penn ACUP for tower ~~~~ ATTACHMENT A Land situated in the County of Hennepin and State of Minnesota, to wit: That part of the West'/2 of the Northwest quarter of Section 26, Township 28 North, Range 24 West, described as follows: Beginning at a point indicated by a stone monument at the Northwest corner of Section 26, thence Easterly along the north boundary line of Section 26 a distance of 318.25 feet to judicial landmark, thence southerly a distance of 455.625 feet on a straight line which if produced would intersect a judicial landmark 657.625 feet south of the north boundary line of said section, measured along said produced line, and 953.97 feet west of a judicial landmark on the North and South center line of the NW quarter of Section 26; thence West parallel with the north boundary line of said Section 26 to the west boundary line of said section, thence north along the west boundary line of said section to the .point of beginning, except that part thereof which lies Northwesterly of the following described line and the same extended: Beginning at the Northwest corner of Section 26, Township 28, Range 24; thence East along the North line of said Section 26 to the intersection with a line parallel with and 33.0 feet East of the west line of said Section 26; thence South along said parallel line. a distance of 190.0 feet to the actual point of beginning of the line to be described; thence Northeasterly on a straight line to a point 441.0 feet East and 135.0 feet South of the Northwest corner of said Section 26 and there terminating. 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PI 1Gn.Rle 3, cDSfan D~DmD~~Dxa.AwaaN~w,.,,o~o< _a ar nes oRAws. 1HE eaaom Pm~s e 1NE a/1 Voe TOWER ELEVATION AND ANTENNA INFORMATION ~w ~. ^ ^ ^ ^ ^ T m wm e ^ nw D wu ri ~ w m ~u]rt DAR Mobile e/ILOe ,~ ~~ ~ m . . . oMFAa6i otswsm a< aRmlr w awvanEr. xw ~~ NK"Er N0 PWOSE ODtnt xux wxpl R 6 62 TH ~w HFl A O ~ 1]eS2 RIC MINNESOT A EI.O MN MINNEAPOLIS MARKET °` ~° mw~~ IDRAwDbwB~ dw ~ ~ 2 I MMw.~ alwvea Nwa -,aa xO o oa ass uwm - „as o xv o NaID Aia~so-Ai xaaD. aulm - m o xa o aov mew aRfa w aR AGENDA SECTION: CONSENT AGENDA ITEM # ~~; REPORT # ~3 STAr~r~ REPORT CITY COUNCIL MEETING FEBRUARY 10, 2009 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE DEPARTMENT DIRECTOR ~ ~ REVIEW: - ~/ 37`GNATUREpe REVIEWED BY CITY /A ~ MANAGER: ~ ~/'(~ • ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution for submittal of an application to Hennepin County for a Transit ~ Oriented Development Program Grant for streetscape and transit improvements on the Penn Avenue Corridor and the Lakes at Lyndale Corridor. - I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution approving submittal to Hennepin County for a Transit Oriented Development Program Grant for streetscape and transit improvements on the Penn Avenue Corridor. 2. Adopt the attached resolution approving submittal to Hennepin County for a Transit Oriented Development Program Grant for streetscape and transit improvements at the Lakes at Lyndale Corridor. - ---- II. BACKGROUND Penn Avenue Corridor • Since 2007 staff has been working with Hoisington Koegler Group Inc. (HKGi) and the Penn Crossings Advisory Group to develop a Master Revitalization Plan and Design Standards for Penn Avenue between Highway 62 and 68th Street. 021009-TOD Grant Application.doc The purpose of the Master Revitalization Plan and Design Standards are to ensure a cohesive development of the Corridor as reinvestment, revitalization, and • redevelopment occur. The City of Richfield has long recognized the need to ensure the future vitality of Penn Avenue between the Crosstown Highway and 68th Street. This area was established in the 1950s/1960s and is characterized by traffic congestion, a lack of parking, an unfriendly pedestrian environment, and aging buildings. It is also home to a number of iconic businesses frequented by residents of Richfield and the surrounding communities. In 2006 the City contracted with the planning firm HKGi and formed a task force, the Penn Crossings Advisory Group, to build upon information collected and strategies emerging from past efforts to ultimately create a master plan to guide the future redevelopment of the area. Based upon all of the information, input, and feedback gathered, HKGi created a Master Revitalization Plan (Plan) and Design Guidelines for the Penn Avenue Corridor. The purpose of the Plan is to guide the revitalization and redevelopment of the Penn Corridor as it occurs to create a cohesive, inviting, and pedestrian- friendly environment. The Design Guidelines are to be used in conjunction with the Master Revitalization Plan to further ensure goals are met in the future revitalization and redevelopment of the area. The Plan was previously incorporated into the. City's 2008 Comprehensive Plan Update. • The City Council adopted the Penn Corridor Master Revitalization Plan and Design Guidelines in October 2008. In order to help implement the design guidelines there are a few areas on Penn Avenue, such as in front of the Fire Station and Water Tower where streetscape could begin on City owned property. By beginning on City property we can serve as the catalyst for reinvestment into the Corridor. This action will then hopefully inspire property. owners and potential developers to see how the improvements to the streetscape improve the image of the Corridor and encourage investment into the. area. Lakes at Lvndale Corridor Since 1997 there has been a plan in place for the redevelopment of the Lyndale Avenue Corridor, which has been defined as the `downtown' area of Richfield. A 23-month community planning process took place, and from that process the plan for the area was developed. The plan calls for an increase in the variety and availability of new housing, new retail and office space, improved gateway, and for the preservation and enhancement of nature. The Lakes at Lyndale Master Plan was adopted into the City's Comprehensive Plan at the time of its adoption in 1999. The City of Richfield began the redevelopment of the area with such developments • as Gramercy Park Senior Co-op, City Bella, Woodlake Centre, The Pines, and the Oaks on Pleasant. Recently there has been a renewed interest in the revitalization of the area by developers. In response to the renewed interest and to encourage developers to consider redevelopment in this area, by the City taking the initiative to • obtain funding and provide streetscape and transit improvements in a proposed development area will be a positive incentive to developers. As with. the Penn Avenue Corridor the same is true for the Lakes at Lyndale Corridor, that by the City serving as a catalyst for reinvestment in the Corridor especially where there is interest from developers, this action will inspire potential developers to see how the improvements to the streetscape and transit can enhance the image of a development as well as the Corridor. Through the City's efforts to seek grant funding it shows a continued effort to encourage and support investment into our community. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate to seek outside funding whenever possible. • B. CRITICAL ISSUES • Receiving TOD grant funding the City will be able to set an example to the property owners and businesses along Penn. and Lyndale Avenue on what streetscape and transit improvements would look like. • By the City of Richfield taking the first step we will show our commitment into reinvestment, revitalization, and redevelopment of the Penn Avenue and the Lakes at Lyndale Corridor. C. FINANCIAL The City will request a grant amount of $55,000 for the streetscape and transit improvements for the Penn Avenue and the Lakes at Lyndale Corridor. No local match is required for the grant.' D. LEGAL The program guidelines .require the City Council to pass a resolution in support of each of-the applications. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Deny authorization and direct staff to withdraw the applications. • • ~ V. ATTACHMENTS Resolution for the Penn Avenue Corridor Resolution for the Lakes of Lyndale Corridor VI. PRINCIPAL PARTIES EXPECTED AT 1VIEETING • N/A • • ~~-f RESOLUTION NO. • RESOLUTION AFFIRMING AND RATIFYING CITY STAFF SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY FOR TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM GRANT FUNDS FOR PENN AVENUE SOUTH WHEREAS the City of Richfield (the "City") is a city located within Hennepin County and is therefore eligible to access the Transit Oriented Development (TOD) Grant; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and NOW, THEREFORE BE IT RESOLVED that the City Council affirms and ratifies the submittal of application in accordance with Minnesota Statutes § 3836.77, Subd. 3., supports the TOD loan/grant application submitted to the Hennepin County Housing and Redevelopment Authority on behalf of the City of Richfield and authorizes the Mayor and City Manager to execute such agreements as are necessary to implement the project on behalf of the applicant. • Adopted by the City Council of the City of Richfield, Minnesota this 10th day of February 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • 021009-TOD Grant Application.doc 5~~~ RESOLUTION NO. RESOLUTION AFFIRMING AND RATIFYING CITY STAFF SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY FOR TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM GRANT FUNDS FOR LYNDALE AVENUE SOUTH WHEREAS the City of Richfield (the "City") is a city located within Hennepin County and is therefore eligible to access the Transit Oriented Development (TOD) Grant; and. WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and NOW, THEREFORE BE IT RESOLVED. that the City Council affirms and ratifies the submittal of application in accordance with Minnesota Statutes § 3836.77, Subd. 3., supports the TOD loan/grant application submitted to the Hennepin County .Housing and Redevelopment Authority on behalf of the City of Richfield and authorizes the Mayor and City Manager to execute such agreements as are necessary to implement the project on behalf of the applicant. • Adopted by the City Council of the City of Richfield, Minnesota this 10th day of February 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • AGENDA SECTION: CONSENT AGENDA ITEM # SD REPORT # 34 ~' STAr r~ REPORT CITY COUNCIL MEETING FEBRUARY 10, 2009 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: / SIGNATURE • ITEM FOR COUNCIL CONSIDERATION: Consideration of a Land Acquisition, Design, and Construction Cooperation Agreement between the Metropolitan Council's Environmental Services (MCES) and the City of Richfield for the Edina-Richfield (1-RF-491 Relief) Interceptor Improvements Project. L RECOMMENDED ACTION: .~ By Motion: Adopt the attached resolution allowing the City to enter into a Cooperation Agreement with the .Metropolitan Council. ~~ II. BACKGROUND The Metropolitan Council is the regional planning agency that serves the Twin Cities' seven-county metropolitan area. The Council works with local communities to provide. many critical services, including the collection and treatment of wastewater. The Metropolitan Council has adopted a plan for improving its facilities in the Richfield and Edina area. Parts of the regional wastewater collection system serving this area require additional capacity to manage additional flow volumes generated by current and anticipated development and population growth in the area. Two small areas of construction were completed in 2008 (I-35W crossing, between i Penn & Sheridan Avenues. Further construction will take place in 2009-10. Restoration of 75th and 76t Streets, after the sewer construction, will implement the city's new streetscape design that better reflects the values of the community and provide recreational and alternative transportation opportunities. 0210MetCouncilCoop The cooperative agreement essentially covers two items: 1. Proposes that City staff provide services to MCES where interactions with residents and businesses are needed throughout the project. -Staff will work with MCES to support and coordinate obtaining construction easements, public information, and design tasks. The goal is to keep-the residents and businesses informed about the project and construction as it moves across the City.. In return for the services, the Metropolitan Council will reimburse the City for staff time (by hourly rate) .and reimbursable expenses. 2. Allows the City to reimburse Metropolitan Council for additional streetscape work on 76th Street between 11th and 12th Avenues. The new streetscape will be carried to 12th Avenue and the transition to the 4-lane section will happen at the signal. This portion of the work will be funded using Municipal State Aid dollars. ~ III. BASIS OF RECOMMENDATION - ~ A. POLICY " - • The City wishes to be involved in the project in order to respond to the ` residents/businesses in a timely and efficient manner. ` ~ ~ B. .CRITICAL ISSUES • The proposed agreement must be executed before the City can submit an invoice for staff time reimbursement. • ~ C. FINANCIAL ~ • The agreement allows the City to be reimbursed up to $375,000 for staff time and reimbursable expenses. • The additional streetscape on 76th Street (.between 11th & 12th Avenues) is estimated to be $350,000 and will be funded .using Municipal State Aid (MSA) funds. D. LEGAL • The City Attorney has reviewed the agreement and will be available to 'answer questions.. E. ENVIRONMENTAL CONSIDERATIONS • The project will replace many old water, stormwater, and sanitary sewer mains and service lines. IV. ALirxNATIVE RECOMMENDATION(S) • Do not approve the cooperative. agreement at this time. V. ATTACHMENTS • Resolution • Proposed Land Acquisition, Design, and Construction Cooperation Agreement VI. PRINCIPAL PARTIES EXPEL i ~li AT 1VIEETING • None expected. ~~ --~ RESOLUTION NO. • RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A LAND ACQUISITION, DESIGN, AND CONSTRUCTION COOPERATION AGREEMENT WITH METROPOLITAN COUNCIL FOR THE EDINA-RICHFIELD (1-RF-491 RELIEF) INTERCEPTOR IMPROVEMENTS PROJECT WHEREAS, the Metropolitan Council, as part of its metropolitan wastewater treatment facilities, proposes to design and construct a gravity interceptor (1-RF-491 Relief Interceptor "Project") through the City to increase capacity and improve redundancy and reliability of its interceptor facilities in the Richfield and Edina service area; and WHEREAS, the Project will pass through awell-developed section of the City affecting many residents and businesses; and WHEREAS, city staff has existing and well-developed relationships and communications channels with these residents, businesses, and other agencies; and WHEREAS, several Project tasks involve interactions with residents and businesses, such as easement acquisition, burying overhead electric utilities, public information and involvement, street restoration and traffic control planning; and WHEREAS, the Metropolitan Council has further determined that it could best utilize its staff and financial resources by seeking City staff support and coordination of the Project's land acquisition, public information, and design tasks and execution of other tasks; and WHEREAS, the City has requested that the Metropolitan Council design and • construct additional streetscape on 76t" Street between 11t" and 12t" Avenues as part of the Project; and WHEREAS, the Metropolitan Council and the City of Richfield agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes § 471.59, that the Project may be carried out by the parties hereto as provided by this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a Land Acquisition, Design, and Construction Cooperation Agreement with the Metropolitan Council to provide payment for additional streetscape on 76t" Street and to obtain reimbursement for staff time and other associated costs to be performed as part of the Edina-Richfield (1-RF-491-Relief) Interceptor Improvements Project. - - - - -- BE IT FURTHER RESOLVED by the City Council of the City of Richfield that the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of February, 2009. Debbie Goettel, Mayor . ATTEST: Nancy Gibbs, City Clerk ~~ LAND ACQUISITION, DESIGN, AND CONSTRUCTION COOPERATION AGREEMENT Edina-Richfield (1-RF-491 Relief) Interceptor Improvements Project THIS LAND ACQUISITION, DESIGN, AND CONSTRUCTION COOPERATION AGREEMENT ("Agreement") is made and entered into as of 20_, by and between the City of Richfield, a public corporation and political subdivision of the State of Minnesota, (hereinafter referred to as "the City") and the Metropolitan Council, a public corporation and political subdivision of .the State of Minnesota (hereinafter referred to as the "Council"). BACKGROUND RECITALS 1. The Council, as part of its metropolitan wastewater treatment facilities, proposes to design • -and construct a gravity interceptor (1-RF-491 Relief Interceptor) through the City to increase capacity and improve redundancy and reliability of its interceptor facilities in the Richfield and Edina service area. For the purposes of this Agreement the 1-RF-491 Relief Interceptor project shall be hereinafter referred to as the "Project." The route of the proposed interceptor is shown in Exhibit A. The Project consists of a gravity interceptor ranging in size from 36" west of I35W to 42" east of I35W. 2. The Project will pass through awell-developed section of the City affecting many residents and businesses. Other major infrastructure projects by agencies other than the Council are also occurring in the City that will affect residents and businesses. City staff has existing and well-developed relationships and communications channels with these residents, businesses, and other agencies. • 5Q-3 . 3. Several Project tasks involve interactions with residents and businesses, such as easement acquisition, burying overhead electric utilities, public. information and involvement, street restoration and traffic control planning. These tasks could. effectively be supported and coordinated by City staff and the City's .contract engineer (hereinafter referred to as the "Engineer"). 4. The Council has further determined that the Council could best utilize its staff and financial resources by seeking City staff and Engineer support and coordination of several of the Project's land acquisition, public information, and.design tasks and execution of other tasks. 5. The Council has contracted with Howard R. Green Company (hereinafter referred to as the "Consultant") to perform engineering consulting services for the Project. The contract between the Council and the Consultant is attached as Exhibit B. The project design • schedule is attached as Exhibit C. 6. The Council is authorized by Minnesota Statutes § 473.504 to construct any interceptor or treatment works determined to be necessary or convenient for the collection and disposal of sewage in the metropolitan area and, under the provisions of Minnesota Statutes § 471.59 (providing for joint or cooperative action between governmental units including the Council and City), contract with any governmental unit for the performance on the Council's behalf of any service the governmental unit is authorized to provide for itself. 7. The Council Project is duly authorized by the Council and is included in Council's 2008 Capital Improvement Plan. 8. The Council and the City agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes § 471.59, that the Project may be carried out by the parties hereto as . provided by this Agreement. 2 ~~ AGREEMENT NOW, THEREFORE; for mutual valuable consideration, the sufficiency of which has been agreed to by the parties; the Council and the City agree as follows: I. PURPOSE The purpose of this Agreement is to set forth the terms and conditions under which the Council and City will support and execute .certain tasks related to the Project and under which the Council and City will reimburse the each other for costs associated with these tasks. II. ADDITIONAL STREETSCAPE The City has. requested that the Council design and construct additional streetscaping on 76~ Street between 11~' and 12~' Avenues as part of the Project ("Additional Streetscape"). This • Additional Streetscape is not. required to install the Council interceptor. The City will assist in the design and pay for construction of this section of streetscape as provided in Exhibits D & E of this Agreement. The Council will advertise for and receive bids for the Project, including Additional Streetscape, and will recommend -award of the construction contract, in accordance with Council's procedures. The City will review the bids with respect to the Additional Streetscape and advise the Council in writing within two business (2) days if it does not want the Council to include this work in the Council's award of the construction contract for the Project. If the City advises the Council to exclude the Additional Streetscape from Council's award of the construction contract; all references to Additional Streetscape included in this Agreement shall become null and void. The Party to whom the Project Construction Contract is awarded is hereby referred to as the "Contractor." 3 5D-s III. CONSENT AND APPOINTMENT In accordance with the terms of this Agreement, the Council hereby- consents to and appoints the City as its agent to support the Consultant.and to execute specific Land Acquisition, Design Phase, and Construction Phase tasks described in Exhibit D. IV. LAND ACQUISITION, DESIGN, AND CONSTRUCTION PHASE TASKS 1. The Consultant and Council responsibilities for the Land Acquisition, Design Process, and Construction are defined in the contract between the Council and the Consultant, attached in Exhibit B. 2. The Council shall provide the City notice of, and the Council and City shall- participate in, progress meetings with the Consultant to confirm that the .Consultant is proceeding in accordance with the Consultant Contract and the Council's reasonable requirements. 3. The contract between the Council and the Consultant for design of the Project, and all agreements, covenants, obligations, warranties, guarantees, and indemnifications of the Consultant shall be for the benefit of, and may be enforced by, the Council. The Council shall pursue claims for defective design, if any, directly against the Consultant. The City shall cooperate in the prosecution of any claim by the Council against the Consultant, but the City shall in no event be responsible for design defects arising from the Council Construction Documents or construction defects arising from performance of the work designed by the Consultant. • 4 5 ~_ c~ ~' COSTS AND PAYMENT 1. The Council shall reimburse the City for land acquisition, design, and construction tasks defined in Exhibit D at the City staff hourly and fringe benefit rates and mileage, equipment, printing, copying, and postage rates defined in Exhibit E. City costs for hiring a 'contract engineer ("Contract Engineer") to assist the City in these tasks will be reimbursed by Council on apass-through basis. Only the actual Contract Engineer invoice amounts will be reimbursed by the Council. 2. The City .shall reimburse the Council for construction tasks defined in Exhibit D. The Council's construction contract will include separate line items in the bid form to complete these construction tasks. The City will reimburse Council for actual amount of the bid items. Estimated costs for these tasks are defined in Exhibit E. • 3. Council and City reimbursements shall not .exceed the amounts shown in Exhibit D without revision to this cooperation agreement. 4. The Council will reimburse the City in the amounts provided in this Agreement monthly, within twenty-five (25) days of receipt of invoices submitted by the City based on the progress of the Project and approval of the invoices by the Council unless the Council contests the invoice by written notice within fourteen (14) calendar days of receipt of the invoice. If the Council provides timely notice of contest, the Council shall pay all uncontested amounts and may withhold the contested amount pending resolution of the amount actually due. 5. The amount due stated in the final invoice shall be final, binding and conclusive, and the amount shall be immediately payable, upon expiration of the aforesaid thirty (30) calendar 5 ~iU' / day examination period unless the Council provides timely notice of contest. If the Council provides timely notice of contest of the final invoice, the Council shall pay all uncontested amounts and may withhold the contested amount pending -resolution of the amount actually due. 6. In the event the Council determines the need to amend -the contract with the Consultant and the amendment results in increased cost to the City to fulfill its tasks as defined in the Agreement, the Council hereby agrees to adjust the City's costs accordingly.. 7. The City will reimburse the Council under the same conditions described in Items VIII., 2, 3, 4 and 5, above. VI. RIGHTS OF ENTRY 1. For the purposes of performing-its duties or obligations or exercising its rights under this • Agreement, the City (including its employees, consultants and contractors) may enter upon the property or property interests owned by the Council. 2. For the purposes of performing its duties or obligations or exercising its rights under this Agreement, the Council (including its employees, consultants and contractors) may enter upon the property or property interests owned by the City. Specifically, the City agrees to make available to Council (including its employees, consultants and contractors) for its use the following sites: (a) that portion of City-owned property at 1710 East 77~' Street, Richfield, Minnesota as designated in writing by the City's Engineer, for use as a stockpiling area; and (b) that portion of 7700 Pillsbury Avenue South, Richfield, Minnesota, as designated in writing by the City's Engineer, for purposes of parking a .construction trailer and related vehicle parking. Council shall pay for all utility services • 6 ~' • provided to its construction trailer. City has licensed a portion of the 7700 Pillsbury Avenue site to a contractor; Council agrees to cooperate with City and its contractor in the shared use of site. Council shall not cause or permit any hazardous material or contaminant to be brought upon, transported through, stored, kept, used, discharged or disposed of in or about the properties identified above by Council, its agents, employees, contractors or subcontractors. City shall have the right to terminate use of either or both the 1710 East 77~ Street site or the 7700 Pillsbury Avenue site upon 90 days' written notice to Council. Unless otherwise terminated, the right to enter under this paragraph shall expire on the earlier of December 31, 2010, or final acceptance of the Project by the Council. At the expiration or termination of the right of entry, Council will surrender the site in a condition equal to or better than the condition in which the site was delivered to . Council. 3. The City and Council shall each cooperate with the other in fulfilling their obligations under this Agreement. VII. PROGRESS MEETINGS The Council shall conduct and. the City shall attend regularly scheduled progress meetings and provide input. Meeting minutes will constitute progress reports. VIII. RECORDS AND DATA 1. All records kept by the Council and the City with respect to the Project shall be subject to examination by the representative of each parry hereto. 2. All data collected, created, received, maintained or disseminated for. any purpose by the activities , of the City and the Council .pursuant to this Agreement shall be governed by 7 ~i~- q Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereinafter adopted. IX. EMPLOYEES All employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for. herein to be performed by the City shall not be considered employees of the Council, and any .and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said ~~~~Yloyees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. All employees of the Council and all other persons engaged by the • Council in the performance of any work. or services required or provided for herein to be performed by the Council shall not be considered employees of the City, and any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation. Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City. X. RESPONSIBILITY AND INDEMNITY 1. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The Council's maximum monetary liability is governed by the provisions 8 ~Q- ~ o • of Minnesota- Statutes Chapter 466. The City's maximum monetary liability is governed by the provisions of Minnesota Statutes Chapter 466. 2. The City and the Council each warrant that they are able to comply with the aforementioned liability requirements through a self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. XL ENTIRE AGREEMENT 1. It is understood and agreed that the entire Agreement between parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement including the Recitals are incorporated or attached and are deemed to be part of this Agreement. 2. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall • only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XII. INCORPORATION OF APPLICABLE LAW Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, the City agrees to comply with all federal, state and local laws and ordinances applicable to the City relating to nondiscrimination, affirmative action, public purchases, contracting ,employment, including worker's compensation and surety deposits required for construction contracts. • 9 5D- I f . XIII. SEVERABILITY The provisions of this Agreement shall be deemed severable.. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability. of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision term, condition or covenant .shall not be ,construed by the other. parties as a waiver of a subsequent breach of the same by other parties. XIV. SUCCESSORS AND ASSIGNS The covenants of this Agreement shall be binding upon and inure to the benefit of the • parties hereto, their successors and assigns XV. GOVERNING LAW This Agreement is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. XVI. NOTICES Any notice of demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: METROPOLITAN COUNCIL ENVIRONMENT SERVICES William Moore, General Manager 390 Robert St. North • St: Paul, MN 55101 10 CITY OF RICHFIELD Kristin Asher, City. Engineer 6700 Portland Avenue Richfield, MN 55423-2599 XVI. RECITALS INCORPORATED HEREIN The Recitals to this Agreement are fully incorporated into and made a part of this Agreement. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF RICHFIELD • By BY Debbie Goettel Steven Devich Its Mavor Its City Manager METROPOLITAN COUNCIL Approved as to Form: By Its Regional Administrator Office of General Counsel • 11 ~p~ l3 • EXHIBITS LIST Interceptor Project Route .......................................................................... Exhibit A ~e~t~as~-~eer~~ke~i~a~~-~e~-$lt ....................................£~Yti~B Project Schedule ........................................................................................ Exhibit C Coordination, Support and Execution Tasks ............................................ Exhibit D Estimated Costs ..........................................................................................Exhibit E Temporary Easement for Construction ....................................................... Exhibit F • • • • • • • • METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES EpINA-RICHFIELD INTERCEPTOR IMPROVEMENTS ID 8 ITaek Name ~ DUt880n I Start ' Finish (Predecessors - 2007 12008 120119 12010 1 1 • Protect Administration 282 days Wed 619107 Thu 618108• nr_.f i nrr 2_ I Qtr3 I Qtr4 I Dht I DU2 1 Qh3 I Otr4 I Dtr1 I Dtr2 I Otr3 I Dh4 I Dhi I Ohl 1 Otr3 I Dh4 2 Inlgel Meetlrq fwlh MCES 0 days Wad 518107 ~ Wed 519/07 iglg _ 3 Task 1.1-Project Adminiatmtlon 202 days Wed 519107 Thu 518/08 2 E'11,r~,.<~ z R:~ --:~: -~ i=€<: 3€03` ~id303di0'i@id<di€_i;~ €€€€€€"si 33> 4 Task 12 - QA/QC 282 days Wed 519/07 Thu 5/8/08 2 5 ~ 2 -.Preliminary Design Report Workshop Phase 87 days Wed 618107 ,Thu 878107 6 ~ Task 2.1 - Pfel. DesDn Report Workshop Planning 22 days . - Wed 5/9M7 ~ Tho BR/07 ~ 2 7 ~ Preliminary Design Workshop ~ 0 days ~ Thu BRN7 ~ Thu BR/D7 ~ B 8 Task 2.2 -Problem DeMigon ~ 12 days ~ ~ Wed SI9ID7 Thu 5124107 2 9 Task 2.3 - Preliminary pate Review ~ 32 days Fri 5125N7 Mon 7!9/07 8 10 Task 2.4.Oevebpmenl otAl.:..,...:.w 45 days . Fd 6/15IOY Thu 8178!07 ~ 9SS+75 days 11 Task 2.5 -Public InvohemeM 60 days Fd 6/15/W ~ Thu 9/6107 1055 12 Task 2.7 - Phase I Geofeehnkal Work - 46 days ~ Fr18/961W Thu 8178/07 - - 13 Package ~I-35W crossinp> 20 days - Fd 6/15/07 Thu 7/72/07 1055 -~ Package B • Remainder of Protect 45 days Fd 6/15107 ~ Thu 8/16/07 10SS - 15 3 • Land AcquPoklon Phase 280 days . Wed 6180N7 : Tue 6127108 18 ~~~~ ~~~ Task 3.1~-Acquislgon Planning ~~~.~~~~~~AS days: Wed 5130/07; Tue 7/31107:255+i5days f 17 Task 3.2 - Public Informa0on ` 30 days ~ ~ Fd 6/15/07 ~ Thu 7/26/07 LOSS - , 18 - _ . ._ Taek 3.3-Pro partyAcqulslODn Surveyirg ~ ~~~ "~~~~50 days: Wed 8/1/07.~~~ _ ~ ~--TUe 10!9107: 16 - ; 19 Task 3.4 - Tdle Ekaminatlon 90 days _ Wed Sli/07 ` Tue 1214!07' 16 20 ~ ~ ~ ~~ Task 7.5 -Survey Desaiplbes ark! Drawings ~ 120~days ~ Wed 10110/07 Tue 325108 18 21 Task 3.8 -Properly Owner Nalflcalion Letter 30 days Wed i 1RN7 Tue 12/18/07 ~ 20S5+20 tlayc - 22 Task8.7 - Phase l Environmental Site Assessment 45 Says : Wed 10/10N7 ~ Tue 12111107 ~ 18 ~ ; 23 .~24 ~ Task 3.8 -Property Owner Neg. and Agreements ~ Task 9.8-Cbsing - -~, ~~ ~ ~ 90 days ~ 80 days.~ Wed 11/21/07 - ~ Wed 2/13N8. Toe 3/25!08 ~ 2155+10 days _-..... Tae 5/8N6, 23SS+gp days x5 Tack 3.10-RewNing 45 tlays! Wad 3128708: TUe 5/27/06:2455+30 days ~ f 28 .... ... Ta9k 3.11- Condertmagon Testimony ~ ~ ~ ~ 30 days' ~ ~~~ Wed 328/08 ~ ..._ ~ Tue S18N8 ~ 23 ~ j 27 `4-Design Phsse ~ 270 tlays Fr1 618/07, Thu BI2BN8 28 Task 4.7 ~- Publb InvoNemant ~ ~ 150 days ~ ~ ~ Fd 11130Po7 ; Thu &20/08 ~ 47 ~- - - - 29 ~ Task 4.Y -Survey snd Meoping 80 days ~ Fri 818PoT i Thu 10M1/07 30 - ~Pael:age A-I35W crossing 20 days FrI6/8107~ Tlw 7/5107 7 ?:: 31 Package 8- R~nalnder of ProJed 80 days: Fd BI8N7 , ~ ~~~ Thu 10I11A7 ; 7 ' -- - ::t ::::::~:[s::<:- :....... 32 Task 4.3 -.Utility Looatlons and Mapping - ~ BD days Fri 6IBIW; Thu10111N7' - ; 33 lPardcage A-I-35Waossing ~ _ 20 days Fd 818/07 Thu 7/5!07 7 ~ ~ ~ •. _' 34 .. ..... Pedcage8-Remainder of Project - 90 days : .............. Fri 8!6107 Thu 10/71107 7 ~ ~^-- ~ ~ - °-~ 35 ~ Task 4.4 -Wetland ..:...:.~..1 and Mapping 20 days ; Fd 618107 Thu 7/5107 : 33SS :s; .. , 3B ... ... Task 4..6-Geotesh lnrJR .. ... ... ... sport/ Baseline Report . ... .... ~ 80 days .-...-_..... Fd 718!07 ~ ..;... Thu 1118107 ^ 37 38 ~ ~ ~~ ~ Package B- Remainder M Prpjed Task 4.8- Em. Site Conikrgency PIaNSSP ~ ~ - 90 days - ~ - 78 days Fd 7/6/07 ~ Fri 7 V0%07's- Thu 11/8107.3755*20 days ~ T1nr 11/29107 i 3i :->~----.~.:-. •.: - 39 Task 4.7 - Prepara8on of Draft Design Report 105 days Fd BIBN7 -Thu 7711107 40 ~' ~ ~ ~ ~ ~ ~ -~A- I35W Crossin8~ ~ ~ ~ 47 days ~ Fd 818/07-- ~ Mon 8/73Po7 30SS ~ ' 41 Package B-Remainder of Project- 80 days: Fd 829107: Thu11/7/07~31SS+15 days 42 ; Task 4.8-Teehnkal Review Pane!-Design BS days~~ ~ Tue8114I07' ~ ~Tha ~11116107~ ~~...; 43 ~ age A-i-35W Crossinq~ f0days. Tue 6114N7 Mon 827107 ~4D - 44 ~ Package B- Remainder of Prolecl 10 tlays : Fd it/2N7 -fhu 11/15/07 ~ 41 ~ ~~~ 45 ~ Task 4.9 -Final Design Repoli ~ 88 days i Tue 828/07: Thu 11128107 ~ ~ - PmJect:SCH050907updatedEdina-RlchOeldschedule Task ([;00__3;;;:>00's€i ~3'~ Progress Summary ^ EklsmalTasks (~~X~~!F'r~;a~~«~aJ Deadline 2j Dale: Fd 6/1/07 Spat . . . . . . . .... . . ... . . Milestone ~ Project Summary pig . ~~ -~ ~ . , r - Fxtemal Milestone U~ U~ Papa 1 • ID 8 I Task Name J-' i -`~\ 46 ` Package A-F35W Crossin 47 ` PBCN» - Remaleot 46 Task 4.10-Comraet Manual 49 ~ Package A-F35W Crossing 50 Package tl - Remainder of Project 51 ~ Task J.77-Drawings 52 klkage A-1-1-35W CrosNng~ 53 ~ Package B - Remainder of Protect 51 Task 4.72 -Support/ Permits amt Reg. Approvals 55 ~ Task 4.19 - Engfs Estimate of Conaf. Cost 56 Package A • 1-35W Crossing~~ 57 ~ Peckege B • Remainder otFroJeil 58 Teak 4.14-BW Phaee 8upporl ~- ~ ~ ~ Package A-F35W [:ioestm~ 60 Package6-Remaln0erotProJeet 61 ~ ~ ~ ~7ask /,15-Bid Review Panel-COVtrasting 62 ~• Padkege A-F35W Crossing 63 '. ~ ~ ~ ~~ Package B • RemalMsr of ProJail 84 ' ti -COnalrucllon Pheae 65 ~Taek 5.1-Utllfly Meetings 88 Package A-i-35W Crossing 67 PackageB-Remainder ofProJeil 66 Task 5.2 • Wacky Prop. Mtgs. and Site VISRa 69 Paclmge A-F35W Croeslrg 70 - Package B - Remelntler of Project 71 Task 5.9-~Revlew of Contractor's Suhmlttaia 72 Package A-1-35W Crossing 73 - Package B-Remainder of Protect 74 ~ Tack 6.4-Pre-Coaatrucgon Surveys 75 Package A-F35W Crossing 78 Package B • Remainder of Project - - 77 Task bS - ConstrucfWn Survey and Testing 78 ~ Package A • 135W lkossinp - 79 ~~~~~ ~~ ~ ~' Patdkape6-RemalrMer of Project ~~~ 80 ~ Task 6.8-Revew Field Orders and Change Orders 87 ~~ ~, ~ ~ ~ ~~ PackageA•1.35W Croasiag 82 - Packaga8-Remainder of Project 83 ~ ~ `~~~~~ ~~Yesk 6.7-Oran Fadliry Manual ~ ~ ~~~ ~~ 84 ~ -. Teak 5.8- Final FecAky Memlel 85 .... .. . . - ~-fask 5.0 -Operator Manual 86 Task 5.10-InlerecBve Fec8lry Harare/ 87 _.... Task 5.11 ~-AS Recorded Contrail Dmwirgs BB ~ Task 5.12-Environmerdal ConsWdlon Report 89 _..... Task 5.13-Reslrlenl OC,.. ~___s Services • METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES EDINA-RICHFIELD INTERCEPTOR IMPROVEMENTS Durellon ~ Star/ I Flnish IPredekxssors tom plr 1 70 days ~ 7ue 828107 Mon 9/10/07 43 10 tldyb ~ Fd 11/76/07 ~ Thu 7120107 44 138 days Tue 8128107 Thu 316108 30 days ~ 7ue 828107 Mon 10/8!07 ~ 43 80 days: Fd 17/16/07 Thu 316106 44 16b days Frt 818107 Thu 124108 85 days Fd 8/8/07 ~ Thu 10/4!07 FOSS ' 150 days - Fd 829N7' Thv 124Po6 47SS - 60 days Tue 9111/07 Mon 12/3107 46 BS days Fri 8N4f07 ~ Thu 1/24106 ' 75 days, Fd 11/74107 Thu 1014107 52FF 15 days ~ Fd 1/4!08 Thu 12A/08 63FF 110 days Fr112114107 Thu W16108 30 days: Fri 72/74Po7 Thu 124!0856FS+50 days 30 days : Fd 4/4108 ~ Thu 5/15108 57FS+50 days 80 days Fri 125!06 . Thu 6128109: ~~ ~ ~~ 10 deys~ Fd 125Po8' Thu 2bPo8!59 10 days : Fd 5/16/08 ~ Thu 628Po8 ~ BU 660 days Frl 2122108 Thu 912110 180 days Fd 2/22106 Thu 1012108: 20 days Fd 222108' Thu 320106 ~ 82FSN0 days 80 days Fd 8/13108 ~ TAu f 02/06 83FS+70 daya 840 days Fd 3121108 Thu 9/2110, '. 90 days: Fd 321/08: Thu 5/15108'62F5+30 days 660 days ~ ~ Fri 7I11N8 ; ThU 9/2770' fi3FS+30 days ...... . 580 days Fd 3121N8, ~~Thu 6110110 40 days Fri 321/06 ; ThU 6116!08 ' 62FS+30 days b00 days; Fd 7/11/08: Thu 6/70/t0.fi3FS+30 days 180 days Fd 222108 Thu 1012108 ~~ ~ 111 days, Fd 222/08 ~ Tlio 3!6/09 ~ 62FS+10 days 80 days: Fd 6/73108 , Thu 1021011 ~ 63F5+10 days 659 days Fd S21/08 Tue$117110 40 days Fd 321/08 Thu 51151!18: 62FS+30 days ' 478~tlays~~ Fr17/71Po8; Tue 6I11170~63FS+3D days 6b8 days ; Fri 3127108 ~ Tue 6111110 : 40 days'~~ ~~ Fd 3121108 71m 5h5N8.62FS+30 days 476 days Fd Ili 1106 Tue 5/11/10:83FS+30 days 40 days; Fri 11/73/09; Thui/7lt0i65SS+450 days 20 days: Fd 215/10 Thu 3/4110 83FS+20 days 20 days Fd 3/5/10 ThU 411/10.84 45 days" Fd 316/10 Thu bl6/t0i84 80 days; Wed S/12/t0' ~ ~ Tue 813170179 80 days Wed 5/72N0 ~ Tue 8/3110 79. 667 days ~ Fd 321/09 ~~ .Mon 624/10: 62FS+30 days ~-~ 12ana plr2 1 plr3 ~ 1 ph4 I Okt I plr2 ::: I`yiJ.. ;L iHs G7 I jnf1A __...... ... I ptr9 1 phd I Dtr1 I p52 A 059 12mD 1 p54 I Ohl 1 • p52 I plr3 I ryh4 ~-€€ ~-1 1 "' Project: SCH 050907 updated Edina-RichOeld sdledule Task Progress Summery ^ ~ Erdemai Tasks ~3z:~'"~''-?F.~f:4 DeadBne Dale: Fd fi/7A7 Spilt ~ ~ ~ ~ ~ , ~ ~ ~ , ~ ~ ~ ~ ~ ~ ~ Milestone ~ Proleil Summary Eatemei Mllestona Page 2 ~~ i~ • Coordination, Support, and Execution Tasks City Services to Council City staff and Contract Engineer will provide services to Council in the project management and execution of land acquisition, design, and construction tasks as described below. Definition of the tasks and the Consultant's responsibilities for the tasks are contained in Exhibit B. Phase 3: Land Acquisition for the Project and Additional Streetscaping if Included in the Project. 3.1 Acquisition Planning • Participate in and be a liaison for field inspections and surveys • Participate in acquisition meetings and Acquisition Plan preparation 3.2 Public Information Participate in preparation of Property Owner Notification Letters and scheduling public meetings Provide facilities and participate in public meetings Participate in web site updates with the Council Public Information Officer • 3.8 Property Owner Negotiations and Agreements • Contact Property Owners identified in the acquisition plan and negotiate City agreements for right-of--way access by the Council to properties necessary for the streetscape including additional streetscape portion of the Project. The City Agreement for right of access shall be substantially in the form attached to this Agreement as Exhibit F. Participate in Council Property Owner negotiations and agreements on acquisitions if City agreements are not successful 3.11 Condemnation Testimony • Participate in condemnation proceedings if required. Phase 4: Design 4.1 Public Involvement • Review and comment on public information materials, act as liaison between local community and Council, and be a first point of contact for residents and business owners • Provide facilities and participate in public meetings • Participate in web site updates with the Council Public Information Officer • EXHIBIT D Page 2 4.3 Utility Locations and Mapping ~~-1 ~' • Provide the latest versions of as built drawings to Council • Participate in planning meetings with utility companies • Enforce City Ordinance 802.47 requiring undergrounding of utilities at no additional cost to the Council or City 4.7 Preparation of Draft Design Report • Review and comment on Consultant's Design Technical Memorandum 60% Submittal • Provide assistance with the design of the streetscape on 76~' Street retween 11'~ and 12~' Avenues that the City has requested the Council install for the City at the City's expense • Act as Three Rivers agent to incorporate Three Rivers requirements into the streetscape design 4.8 Technical Review Panel -Design • Participate in Council's Independent Technical Rey ie«- Panel ~, • Identify City facilities requiring design cc~urdination • Review construction sequencing plan, detailing the resident and business-related issues that the design and construction should address. 4.9 Final Design Report • Review and comment on Consulta7~r's Final Resign Report • 4.12 Support of Securing Permits and Regulator` ~~pprotit~ls 5.2 Weekly Pro~-ess 1'teetin~~s and Site Visits • Participate in«~eekly pro<~ress meetings with Council and Contractor 5cl~edule, provide facilities,. and conduct weekly progress meetings with residents • Act as liaison between local community and Council, and be a first point of contact for residents and business owners • Provide SO°~~ of full tinge site inspection • Communieatc ~~ ith Council inspectors and provide copies of inspection reports • Remove City ~~iied street lights The total reimbursement amount for the above listed Council Services shall not exceed $375,000. • Waive City Excati anon and Obstruction Permits • Assist Council in obtainin~~ t~egulatory apprcwals ~. Phase 5: Construction Council Services to City The Council will provide services to the City in the project management and execution of . construction tasks described below. ~.~ - l q EXHIBIT D Page 3 • Demolish all surface improvements on 76~' Street from the north back of sidewalk to the south back of sidewalk between 11~' and 12~' Avenues • Furnish and install all material and labor required to provide streetscaping on 76~ Street between 11~' and 12~' Avenues including sidewalk, bike trail, curb, gutter, tree, and pavement restoration. • Furnish and install all material and labor required to replace the existing 9" City sanitary sewer beneath 76~' Street between 4~' and Blaisdell Avenues with 10"PVC. The total reimbursement amount shall not exceed $350,000. ,~ • ~. ESTiMA~OF GOSTS CITY utility utnay city ortation Asst. utility Inspector Superintendent Intern Transp Superintendent Billy Brian Civil Engineer Administration Engineer Robert City Engineer Tom F. Liz Kristin Derick 150 75 200 Land Acquisition 50 100 Phase 3: 150 Planning Pubic tnfOWne°Negot~ations Property Condemnation Phase 4: Design public Involvement utility LocationslMapping Design Draft Report Technics{ Rn Repo anet Final Desig ulatory Approval Suppod permit & Reg phase 5: Construction Weekly Progress Meetings 2 crews) 800!° fup-time site inspection ( ection Repods Communicatiha riood Meetingsl& Notification Weekly Neig Erosion Control Monitoring Remove Street Lights Total Hours percent of Total Hours Average Hourly Rates Estimated Direct Labor Fringe Benefits at 33 /o of Direct Labor Reimburseable Expenses First class mail @ $0.42 each Mileage @ $0.585 per mile Copying @ $0,04 each blackfwhite @$0.23 each color Equipment Contract Engtn88r Estimate Total Cost Total 80 20 5 50 a0 60 15 20 10 20 30 20 30 20 30 20 30 5 1a0 20 5 5 1a0 210 2050 420 1250 70 1ao 1000 $50,600.00 -250 70 250 100 2190 1250 22°0 29.5°l0 680 16.8% 3' $15.00 a95 ~ g% 9.2°t° $24.00 $42.00 $32,850 $199,675 2015 6,7% $38.00 $9+870 $10,841 $65,893 b a25 27.1°l0 $42.00 $25,840 $30,000 $3,257 5.7°l° $33.00 $22.00 $5,880 $8,527 $9,900 $10,000 $42.00 $66,495 $10.890 $1,840 $17,850 $3,594 $5,891 $21,943 $30,000 $355 568 • Demolition Streetscape Sidewalk/Apron Removal (4" x 6' x 300' with mesh) Pavement Removal (6" x 48' x 300' concrete with mesh) Curb Removal (no reinforcement) Remove Catch Basins and Maintenance Holes 24" Tree Removal 6" Water Main Valves Street Lights Load Debris Haul Debris (10 CY Truck/50 miles RT) Dump Charges Construction Streetscape Grade Subgrade Finish Grading Sidewalk/Apron Replacement (4" x 6' x 300' with mesh) ' Pavement Replacement (6" ashpalt) Bike Trail Installation (3" asphalt) Replace Catch Basins and Maintenance Holes 12-14' Tree Replacement 6" Water Main Valves Street Lights (low pressure, 135 watt) Light Poles (16'steel) Sod Striping Replace Sanitary Sewer Blaisdell to 4th 10" PVC Sewage Pipe (trench and backfill not included) SUBTOTAL ESTIMATE 10% Change Order Contingency SUBTOTAL ESTIMATE COUNCIL ESTIMATE OF ADDITIOANAL STREETSCAPING COSTS Quantity Unit Unit Price Total 300 SY $8.70 $2,610.00 1600 SY $10.75 $17,200.00 800 LF $3.61 $2,888.00 8 EA $325.00 $2,600.00 10 EA $625.00 $6,250.00 2 ES $281.00 $562.00 4 EA $650.00 $2,600.00 1000 CY $16.60 $16,600.00 5000 MI $0.56 $2,800.00 2000 TN $70.00 $140,000.00 2000 SY $0.35 $700.00 2000 SY $0.49 $980.00 300 SY $3.40 $1,020.00 350 TN $38.25 $13,387.50 45 TN $38.25 $1,721.25 8 EA $2,165.00 $17,320.00 10 EA $305.00 $3,050.00 2 EA $615.00 $1,230.00 4 EA $835.00 $3,340.00 4 EA $810.00 $3,240.00 2400 1000 SF $0.43 $1,032.00 2 DY $549.20 $1,098.40 2500 LF $17.55 $43,875.00 $286,104.15 $28,610.42 $314,714.57 R~ ~"~~ • TEMPORARY EASEMENT FOR CONSTRUCTION THIS INSTRUMENT is made by and . , husband and wife, Grantors, in favor of CITY OF RICHFIELD, a Minnesota municipal corporation, Grantee. FOIL GOOD AND VALUABLE CONSIDERATION, receipt of which is acl~lowledged by Grantors, Grantors grant and convey to the Graritee a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to oulc~ upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with. the right to cut, trim, or • remove therefrom trees, shrubs, or other vegetation from the easement area, as well as the right to deposit earthen and construction materials outside of the platted street right-of--way and upon the easement area. Said easement is granted over, under, across and upon the following described real property: See Exhibit A Said temporary easement expires on STATE DEED TAX DUE HEREON: NONE Dated this day of , 2008. • 3408b8v1 CAH RCI60-4 ~ . Ei ~~j~j~ F • • AGENDA SECTION: CONSENT AGENDA ITEM # 5E REPORT # 3S J REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STAr~r~ REPORT. CITY COUNCIL MEETING FEBRUARY 10, 2009 KRISTIN ASxER, CITY ENGINEER NAME, TITLE -~ ,r ` SIGNATURE _ __ _- / ,/ ITEM FOR COUNCIL CONSIDERATION: Consideration of the adoption of the City's Proposed Surface Water Comprehensive Plan. I. RECOMMENDED ACTION: By Motion: Adopt the proposed Surface Water Comprehensive Plan for the City of Richfield. - - - ~;~ II. .BACKGROUND The Comprehensive Surface Water Management Plan for the City of Richfield has been developed to meet local. watershed management planning requirements of the Metropolitan Surface Water Management Act and Board of Water and Soil Resources Rules 8410. It has also been developed to be in conformance with the requirements of the local Watershed District and Watershed Management Organizations, Metropolitan Council requirements, and applicable State and Federal laws. The 9 Mile Creek, Minnehaha Creek, and Richfield Bloomington watershed agencies have completed .their reviews and no substantive changes have been made to the plan since the City Council approved the plan for the 60-day agency review submittal in November 2007. • The Plan is intended to provide a comprehensive inventory of pertinent water resource related information that affects the City and management of those resources. 0210Storm Plan Development • Since December 2006, the Community Services Commission has worked with staff toward developing the plan and prioritizing identified capital improvement needs within the community. At their regular meeting on October 16, 2007, the Commission unanimously approved the plan and recommended the City Council adopt the plan. The plan, as it is written, remains consistent with the October 23, 2007 Council Work Session discussion and subsequent approval for submittal to the regulatory and review agencies (November 13, 2007). The final plan is attached including the proposed implementation plan for the high priority projects expected to be completed in the 2008-2012 Capital Improvement Program (Section VI, Table VI-1, pages 3-8). The following projects are completed: No. 1 Richfield Lake water Quality perimeter system No. 5 Augsburg Pond Lift station No. 6 73rd and 1st improvements Preliminary work on CIP no. 8, Construct active treatment system, was started in 2008. City Staff will be seeking guidance for future projects at an upcoming City Council Work Session. The entire plan, including Appendices, is available for viewing in the Engineering Office at City Hall. • III. BASIS OF RECOMMENDATION A. POLICY The proposed plan is consistent with all regulatory agency requirements and has been updated to incorporate agency comments and suggestions as necessary. B. CRITICAL ISSUES An updated plan is required by the Metropolitan Council. To maintain permitting authority within the Minnehaha Creek Watershed District, the City must adopt the plan as written within 120 days (March 31, 2009). C. FINANCIAL • The 2006 Storm Sewer Utility Bond proceeds have been used to complete the Richfield Lake, Augsburg Pond, and 73~d & 1St Storm Sewer Improvement Projects. • The-additional projects outlined in the plan will be completed using ongoing Utility Fund proceeds as well as any competitive grant dollars the City obtains. • D. LEGAL • The City must maintain current storm water permits in order to discharge storm water out of Richfield. This plan meets the requirements of the regulatory oversight agencies. • E. ENVIRONMENTAL CONSIDERATIONS • The Comprehensive Surface Water Plan addresses the City's storm water policy discussing the. pollution prevention related to surface runoff. IV. AL i ~xNATIVE RECOMMENDATION(S~ • Do not adopt the plan at this time and direct staff on how to proceed. V. ATTACHMENTS • Richfield's Surface Water Management Plan (distributed as separate document) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected. • AGENDA SECTION: CONSENT • AGENDA ITEM # SF REPORT # 36 r STAr~r~ REPORT CITY COUNCIL MEETING FEBRUARY 10, 2009 REPORT PREPARED $Y: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ` / ~ ~~~~ -~°~ C~ SIGN RE • ITEM FOR COUNCIL CONSIDERATION: Consideration and approval. of an amendment to the 2009 Emergency Preparedness contract with the City of Bloomington for outreach and training coordination with grant funds received ~ related to CERT (Community Emergency Response Team). I. RECOMMENDED ACTION: By Motion: Approve an amendment to the 2009 Emergency Preparedness contract with the City of Bloomington for outreach and training coordination with grant funds received related to CERT (Community Emergency Response Team). _ ;~ III. BACKGROUND The cities of Bloomington and Richfield each applied for and previously received grant funding for the Community Emergency Response Team (CERT) that was approved by the City Council at an earlier date and time. This is an amendment to Richfield's Public Health Emergency Preparedness contract with the City of Bloomington, in that Richfield and Bloomington have made a decision to share grant fund resources for all outreach and training coordination • as it relates to CERT. This allows the two cities to better utilize grant funds in a more effective and cost savings way. The City of Bloomington will develop marketing materials for CERT, disseminate marketing materials to targeted groups (such as Neighborhood Watch Block 0210 2009 Preparedness Contract with Bloomington (CERT) Captains), coordinate a training session and provide registration, and facilitate the • acquisition of the CERT team kits. This amendment is being presented for Council approval at this time. III. BASIS OF RECOMMENDATION A. POLICY • The cities of Richfield and Bloomington have a long standing relationship in partnering on projects as a way to stretch grant fund dollars that are available, and to be more cost effective. B. CRITICAL ISSUES • N/A C. FINANCIAL • This is a small portion of the total grant funds received by the City of Richfield to be used specifically for outreach and training coordination. The remainder of the grant funds will be kept by Richfield and used in various other ways to meet grant requirements. ~D. LEGAL • The City Attorney has reviewed this document and has approved of its contents. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • .The City Council could decide not to approve this amendment to the 2009 Public Health Emergency Preparedness contract with the City of Bloomington which would result in Richfield needing to utilize more grant dollars for the same work to do done to cover the additional staff time that will be necessary to complete the services which could otherwise be contracted for. V. ATTACHMENTS • An amendment between the City of Bloomington and the City of Richfield for Public Health Preparedness and Response to Bioterrorism support as it relates to outreach and training coordination related to CERT (Community Emergency Response Team. • I VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None ~"~ AMENDMENT TO AGREEMENT • BETWEEN THE CITY OF BLOOMINGTON AND THE CITY OF RICHFIELD FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM This Amendment is made this day of 2009 between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington") and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). Recitals Bloomington and Richfield are currently parties to an agreement dated December 15, 2008 (the "Agreement"), pursuant to which Bloomington is providing public health emergency preparedness services to respond to bioterrorism, infectious diseases, and other threats to public health including, but not limited to coordination, assessment, planning and exercise, response, surveillance, Health Alert Network, and training (hereinafter referred to as "PH Emergency Preparedness Services"); and provides services and activities to improve the mass dispensing of medicines and medical • .supplies through the Cities Readiness Initiative (hereinafter referred to as "CRI Duties"). Richfield wishes to add Community Emergency Response Team program services to this agreement. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following services related to Community Emergency Response Teams (CERT): 1. Outreach and training coordination related to CERT. This will include: a. Develop marketing materials for CERT. b. Disseminate marketing materials to targeted groups such as Neighborhood Watch Block Captains. c. Coordinate a training session and provide registration. d. Facilitate the acquisition of the CERT team kits. Term The term of this Amendment shall be from January 1, 2009 through August 9, 2009 and is subject to all other conditions in the original Agreement. All terms and • conditions of the Agreement remain in effect. ~ F~ ~ Payment Richfield agrees to pay Bloomington $4,229.87 for the provision of services related to the Community Emergency Response Team program on terms as listed in Section C (a, b & c) of the original Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates written below. CITY OF BLOOMINGTON Dated: By: Its Mayor • Dated: Dated: Dated: By: Its City Manager Reviewed & approved by the City Attorney City Attorney CITY OF RICHFIELD By: Its Mayor By: Its City Manager • • AGENDA SECTION: CONSENT AGENDA ITEM # SG REPORT # 37 J FEBRUA1tY 10, 2009 • REPORT PREPARED BY: DEPARTMENT DIItECTOR REVIEW: REVIEWED BY CITY MANAGER: STAr~r~ REPORT CITY COUNCIL MEE ~ u+TG BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE ~ ~ SICNATU s a j _~ ITEM FOR COUNCIL CONSIDERATION: Approve, as to form, a memorandum of understanding between the City of Bloomington and any Richfield entities who will agree to support the goal of alternative methods of dispensing preventive medication to an entire population within 48 hours. I. RECOMMENDED ACTION: By Motion: Approve, as to form, a memorandum of understanding between the City of .Bloomington and any Richfield entities who will agree to support the goal of alternative methods of dispensing preventive medication to an entire City population within 48 hours. ~ IL BACKGROUND To achieve the Centers for Disease Control's Cities Readiness Initiative (CRI) goal of dispensing preventive medication to an entire population within 48 hours, the implementation of alternate methods of dispensing is critical. Alternate Dispensing Modalities (ADM) is a mechanism to augment traditional mass dispensing sites (MDS). One particular ADM strategy uses a modified medical model that "pushes" preventive medication to individuals with restricted mobility (thus having limited ability to access an MDS) and to large cohorts. that could relieve the burden on MDSs. In this method, a local (City) distribution node is 0210 Memo of Understanding with Bloomington for Dispensing Medication • established as the hub and the spokes of that hub are the facilities or entities that pick-up the medication and then screen and distribute it themselves to their individual mass populations.. Local public health agencies have been given this general guide for planning: • 1st year implementation: Emphasis on those with restricted mobility to include but not be limited to nursing homes, memory care, assisted living facilities and/or senior high rises. _ • 2nd year implementation:. Emphasis on large cohorts serving the community at large, coordinating our approach and contact with entities such as schools (K-12), colleges, faith-based institutions and hotels. • 3rd year implementation: Emphasis on businesses as a large cohort such as businesses that serve a significant number of employees (and - household members) locally. Over the next three years, Richfield and Bloomington local public health staff will attempt to engage approximately 200-300. entities, i.e. senior high rises, schools, churches, large businesses, etc., throughout Bloomington, Edina and Richfield in the plan. In order to accomplish this, staff will need MOUs to be signed by each participating organization. The attached MOU has been "approved as to form" by the City of Bloomington's City Council. Richfield's City Council is being asked to • make the. same type of approval. Once that has occurred, efforts to have partnering entities sign will begin. The agreement will be between the entities in all three cities with the City of Bloomington; however, each of the three cities needs to approve the agreement as to form before efforts may begin. Richfield's City Attorney has reviewed and approved the MOU. III. BASIS OF RECOMMENDATION 1 A. POLICY The Richfield City Council has previously approved the contract with the City of Bloomington to provide services in Public Health Emergency Preparedness activities. This is a task they are undertaking, on behalf of Richfield via that contracf, based on a requirement of the Public Health Emergency Preparedness grant which Richfield receives as a result of being_a standalone Community Health. Agency. B. CRITICAL ISSUES ~ • Partners within the community who agree to sign this MOU will make the goal of dispensing preventive medication to an entire City population within 48 hours a reality, while assisting their own mass populations who may find difficulties in accessing a mass • populations who may find difficulties in accessing a mass dispensing site due to restricted mobility issues or limited ability to reach the site effectively. C. FINANCIAL • Costs associated with this effort are paid for through the grant subsidy that the City of Richfield receives from the federal government as a result of Richfield's Community Health Agency status. ID. LEGAL • The City Attorney has reviewed and given approval of the Memorandum of Understanding. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide not to approve the Memorandum of • Understanding, as to form, which would make it difficult or impossible for Bloomington to enter into local agreements with entities that could help reduce. the strain on mass dispensing sites as well as help their populations .receive medication in the most effective way. V. ATTACPIMENTS • Memorandum of Understanding VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~ • Mem,..~a r.ndum of Understandine Between The City of Bloomington And f Name of Entity) This Memorandum of Understanding is made and entered into between the City of Bloomington (City) and (Entity) on this the day of 2ooX. WHEREAS, if a local or state emergency has been declared under Minnesota Statutes section 12.29 Or 12.31; and WHEREAS, the City's Department of Public Health (BPH) is a public agency with jurisdiction over all public health matters within Bloomington/Edina/Richfield, MN; and WHEREAS, BPH will be responsible as appropriate for prophylaxis of residents and visitors in Bloomington/Edina/Richfield; and BPH provides needed prophylaxis to Name of Entity; and, WHEREAS, Name of Entity is capable of receiving and distributing medications to their • population, i.e., staff and members of their households, residents/guests .etc., during a declared emergency; and, WHEREAS, persons legally authorized to dispense prophylaxis may be .expanded to include non-professionals as authorized in Minnesota State Statute, Chapter 12, Emergency Health Powers Act, (Page 5, Paragraph 3) or Statute 12.34, Subdivision ~, paragraph i as maybe amended from time to time; and, WHEREAS, BPH will provide supervision as required by the commissioner of health's authorization pursuant to Minnesota Statutes section 144.497 as may be amended from time to time; and, WHEREAS, if a federal public health emergency declaration is made by the Secretary of the Depa~ l~~~ent of Health and Human Services under the Public Readiness and Emergency Preparedness Act (PREP Act), immunity from liability under state and federal law will extend to covered persons involved in dispensing, distributing, and administering countermeasures/prophylaxis (42 U.S.C.A. § 247d-6d). Immunity under the PREP .Act does not apply to willful misconduct or acts conducted outside the scope of the declaration. Therefore. it is mutually agreed between the parties as follows:; 1. Name of Entity and BPH shall mutually support each other in planning for an emergency incident, including Name of Entity providing a contact person(s) to work with BPH and develop a plan for receiving and dispensing prophylaxis at s~-a • Name of Entity's facility including methods of notification, critical staff contact information, plan activation steps, and plans for storage and distribution of medications. 2. BPH shall provide advance training to Name of Entity staff that will function in key positions in distributing prophylaxis. BPH will provide routine informational messages to the facility to relay to staff and their households, and facility residents/guests. 3. Name of Entity shall provide appropriate personnel to be trained in advance to dispense prophylaxis and agrees to update staff periodically with new information provided by BPH. 4. BPH shall provide electronic and/or hard copy of all forms and information sheets to be distributed prior to and during an event. Name of Entity shall make all copies needed and provide all printed information for staff and their households and facility residents/guests. 5. BPH shall provide the proper standing orders and medical protocols as defined. by Minnesota State law at the time of the event. 6. Name of Entity shall provide to BPH the maximum potential number of staff and • household, and facility residents/guests so that an adequate supply of prophylaxis may be picked up by Name of Entity upon activation of the emergency plan. ~. Name of Entity shall provide any updates of their dispensing plan to BPH. 8. Name of Entity shall conduct pre-event screening using a form created by the Minnesota Depa~ l~i~ent of Health for all staff and their households, and residents when possible, and those assessments shall be maintained and updated at least annually. g. Name of Entity shall provide. one available staff to pick up prophylaxis and instructions for staff and their households, and facility residents/guests. io. Name of Entity shall dispense prophylaxis provided by BPH as per the protocol provided at time of event by the Minnesota Depa~ l~~ient of Health and/or Centers for Disease Control and Prevention. ~1. Name of Entity shall not charge individuals a monetary fee for medications, vaccines, or administration as provided by BPH through this agreement. 12. Name of Entity shall maintain an accurate record of the number of medications distributed by Name of Entity during an event and provide those to BPH as requested. ~~-3 13. Name of Entity shall provide. ongoing information to staff and their households, and facility residents/guests as directed by BPH during an emergency. 14. Name of Entity shall provide aclimate-controlled, secure room to store prophylaxis during an emergency. i5. Name of Entity shall return any unused medication or materials to BPH upon conclusion of the emergency response as directed. by BPH. i6. BPH shall provide the option to participate in periodic exercises to test plans for dispensing of prophylaxis at the facility. It is understood that: 1. Confidentiality of all patient information will be maintained in accordance with the current Minnesota Health Insurance Portability and Accountability Act (HIPAA) and Minnesota Government Data Practices Act, Chapter i3 by both Name of Entity and BPH. 2. Name of Entity will only provide medication or vaccine to identified staff, households, and groups as outlined in their plan and will not provide medication or vaccine to the "general public". • 3. The participation of Name of Entity is voluntary at the time of an event. In such case, staff and identified groups of that entity would need to obtain medications or vaccine via BPH operations and will not receive preferential treatment. 4. Each party shall be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other parry and the results thereof. This in no way constitutes a waiver of the municipal liability tort limits set by Minn. Stat. Chapter §466, or as may be amended from time to time. [Remainder of this page left intentionally blank.] • 5~-~ • S1g118tLlrCS By signing below, I agree to all of the above stated conditions and statements. I understand that this agreement may be modified or terminated by mutual agreement of both parties. CITY OF BLOOMINGTON NAME OF ENTITY BY: BY: Its City Manager Its: DATED: DATED: Reviewed and approved by the City Attorney of Bloomington. City Attorney • • 5C~- 5 s~~~es By signing below, The Richfield Ci Council a roves this contract as to form far the t3' PP purposes of public health emergency. planning. CITY OF RICHFIELD BY: DATED: Its Mayor BY: Its City Clerk DATED: • • 021 OHeal AGENDA SECTION: CONSENT AGENDA ITEM # SH REPORT # 38 STAr~r~ REPORT CITY COUNCIL MEETING FEBRUARY 10, 2009 REPORT PREPARED BY: ~'~ HALL, FLEET AND PARK MAINTENANCE SUPERVISOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~~ SICNATU REVIEWED BY CITY -__~__-__- _~- 0 MANAGER: ,~. ®, i ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of five squad cars. -~, .J I. RECOMMENDED ACTION: By Motion: Approve a purchase order to Elk River Ford Inc. in the sum of $116,211.80 for .five new squad cars. II. BACKGROUND. • Five full size sedans (Units 2536, 2539, 2644, 2646, and 2647, (2005 & 2006 Crown Victoria's), being used by the Public Safety Department are scheduled to be replaced in 2009. • These squads are replaced on a three-year rotation, with a current average mileage of 57,000 miles. The projected average mileage at August replacement will. be 69,000 miles. The mileage is not a true indication of the number of hours on the engine, however, because of the excessive idle time on the engines. • These units are fully depreciated and will be replaced with Ford Crown Victoria's. • Purchase of the new vehicles has been coordinated through the State of Minnesota Cooperative Purchasing Program. N III. SASIS ~F REC~MMEN)ATI• A. POLICY 0210squads • Elk River Ford Inc. has the state contract on the Minnesota State patrol cars. • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. B. CRITICAL ISSUES • Approval at the January 27; 2009 Council meeting will facilitate delivery of the new squad cars. C. FINANCIAL • Upon delivery of the vehicles, charges for transfer of police equipment such as radios and logo applications will be deducted from the remaining funds budgeted for this purchase. • $135,000 for the purchase of these vehicles is in the Central Garage 2008 Budget (61000-7500). D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. f E. ENVIRONMENTAL CONSIDERATIONS • • None IV. ALTERNATNE RECOMMENDATION~S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • No action by Council on this purchase will eventually compromise safety for police officers driving old squad cars. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • AGENDA SECTION: PROP . ORDINANCE AGENDA ITEM # 7 REPORT # 39 • J REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIF REVIEWED BY CITY MANAGER: STAFF REPORT CITY COUNCIL MEETING FEBRUARY 10, 2009 CHRIS REGIS, FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: ~ I ,First reading of transitory ordinance providing funding for certain capital improvements from • ~',' the Special Revenue Fund. ,.~~ - J I. RECOMMENDED ACTION: By Motion: Approve first reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for March 10, 2009. II. • BACKGROUND • -At the December 9, 2008 City Council meeting, the City Council authorized $450,000 of Special Revenue Funds for improvements to several City capital improvements in 2009. • Included in the $450,000 are: • $103,800 Outdoor Pool renovation loan repayment • $100,000 for Major Park maintenance projects • $25,000 for Ice Arena Parking Lot Reconstruction • $126,200 Lincoln Field and other ballfield improvements • $70,000 Type 1 Skate -Park $25,000 Veterans Park Monument Sign • In addition, the 2009 Capital Improvement Budget also provides for expenditures for all types of funds contained in the budget including municipal state aid, user fees, federal grants and state grants. • Authorization by ordinance is not required for expenditures other than Special Revenues. 0210transitoryOrd ~ III. BASIS OF RECOMMENDATION ~ A. POLICY _ • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES ~ J • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. • The ordinance requirements must be completed early enough in 2008 so that the capital projects can be initiated on a timely basis, completed and the funds expended. • In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on February 10 and a public hearing and second reading be completed at the March 10, 2009 City Council meeting. C. FINANCIAL • While the total 2009 Capital Improvements Budget (CIB) includes total budgeted expenditures of $33,642,530 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 450,000. Outdoor Pool Renovation Loan Repayment 103,800 Park Maintenance 100,000 Ice Arena Parking Lot Reconstruction 25,000 Lincoln Field and other ballfied improvements 126,200 Type 1 Skate Park 70,000 Veteran's Park Monument. Sign 25,000 • A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. • The source of Special Revenue funds is municipal liquor profits. D. LEGAL • The City Charter requires that a transitory ordinance be used .to authorize the .expenditure of Special Revenue funds. IV. ALi~xNATIVE RECOMMENDATION~S~ • The City Council could postpone the first reading of the transitory ordinance to a future City Council meeting. • The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. V. ATTACHMENTS • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None ~-i BILL NO. • TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital-improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts, of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund: under Section 7.12, Subdivision 2 of the City Charter, are as follows: - Outdoor Pool Renovation Loan Repayment $ 103,800 Park Maintenance $ 100,000 Ice Arena Parking Lot Reconstruction $ 25,000 Lincoln Field and Ballfield .Improvements $ 126,200 Type 1 Skate Park $ 70,000 Veterans Park Monument Sign $ 25,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. .Passed by the City Council of the City of Richfield this 10t" day of February, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • J REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: STAr~r~ REPORT AGENDA SECTION: RESOLUTION AGENDA ITEM # $ REPORT # ~+O CITY COUNCIL MEETING FEBRUARY 10, 2009 PAM DMYTRENKO ASSISTANT TO THE CITY MANAGER/HR MANAGER . NAME, TITLE .._ ~. SIGNATURE REVIEWED BY CITY 4 MANAGER: ~~~ • IL CONSIDERATION: ITEM FOR COUNC Consideration of a resolution approving an amendment to the 2008-2009 labor agreement with the International Union of Operating Engineers Local 49. - ~-- ---- - .~ ~~ I. RECOMMENDED ACTION: By Motion: Adopt the resolution designating an increase in the City's contribution toward health and dental insurance premiums and a 3% salary increase, effective March 29, 2009, for the International. Union 1 of Operating Engineers Local 49. IL BACKGROUND . City staff has completed labor negotiations with the International Union of Operating Engineers Local 49 (Union) for the contract re-openers (Article 26 Health Insurance and Article 31 Wages) of its 2008-2009 contract. The Union. includes Public Works Workers, Community Service Workers, Water Plant Operators, Water Plant Mechanics, Automotive Mechanics, Assistant Facility Operator and'. Leadworkers. There are: approximately 40 employees represented in this unit. During the course of negotiations, City staff made the Union aware of the severe financial constraints the City is facing in 2009 and beyond, and sought a delay in implementation of across-the-board wage- increases. for the first quarter of the year. The City is seeking the same delay for the other bargaining units as well as for General Services and Management employees. 021 OLocal 49 contract The tentatively approved settlement represents the following changes: Waaes A 3% across-the-board wage increase, effective March 29, 2009. Insurance A $50 increase to the Employer health insurance contribution which provides full coverage to single Employee, $780 per.month for Employee plus spouse or Employee plus child(ren) coverage, and $830 per month for Employee plus family. A $2 increase to the Employer contribution for Employee single dental insurance coverage from $32 per month to $34 per month. III. „BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the terms of the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for the re-opener provisions is identical in health and dental insurance provisions provided to non-union City employees. The City has a long history of providing the same level of health and dental insurance benefits to all. eligible City employees. • The wage increase represents the same increase proposed for non- union City employees. prior to the temporary suspension of the proposed increase. The Union has agreed to an effective date of March 29, 2009, as long as the other bargaining groups within the City also adopt the same wage terms. This is the first of five union contracts tentatively settled for 2009. • The wage settlement and health insurance increase is well within the range for other comparable bargaining groups in similar metro cities. Although the City is facing significant budget challenges for 2009, a survey of Stanton 5 cities indicates that those cities are providing an average wage adjustment of approximately 3.02% for its employees. The City has a long history of trying to remain as close.. to the middle as possible of the Stanton 5 cities in terms of wages and benefits. B. CRITICAL ISSUES • In order to allow the City's accounting personnel the. ability to modify payroll records in a timely manner for 2009 benefits, it is recommended that the City Council act on February 10, 2009 to adopt the attached resolution providing for contract changes. -The health insurance benefits are effective January 1, 2009 and the 3% wage increase will become effective March 29, 2009, if the remaining four bargaining units also accept the same wage terms. ~ C. FINANCIAL - • Up to a maximum $50 per month increase in the City's contribution .towards the employee's health insurance coverage. • Up to a maximum $2 per month increase in the City's contribution towards single dental insurance coverage. • A 3% wage increase effective March 29, 2009. Delaying a wage increase for all City employees until March 29, 2009 will save the City. at least $100,000 for 2009. D: LEGAL . • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. • Under the terms of this agreement, if the City's other bargaining units do not agree to the same wage terms., the Union has the right to renegotiate with the City. E. ENVIRONMENTAL CONSIDERATIONS NA IV. ALi~xNATIVE RECOMMENDATION~S~ • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • ~~ 1 RESOLUTION NO. • RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS AND SALARY INCREASE FOR EMPLOYEES. COVERED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS -LOCAL 49 WHEREAS, the City of Richfield and International Union of Operating Engineers Local 49 signed a bargaining agreement covering a two year period from January 1, 2008 through December 31, 2009; and. - WHEREAS, the labor agreement covers all terms and conditions of employment including the City contribution for health insurance benefits and salary schedule; and WHEREAS, Article 36 of the labor agreement provides for either party to amend the provisions in Article 26, Insurance and Article 31, Wages; and WHEREAS, the City has historically provided the same salary increase and level of health insurance contribution to all eligible City employees, both union and non-union; and WHEREAS, the City desires to maintain such a position of equity; and WHEREAS, the City Council is required to determine, by resolution, the City's • contribution toward the premium for employee group insurance coverage and salary increases. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $780 per month: for employee plus spouse or employee plus child(ren) health insurance coverage, and $830 per month for family health insurance, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. Such contributions shall be for coverage effective January 1, 2009; and BE IT FURTHER RESOLVED that the City shall contribute a maximum of $34 per month for employee single dental insurance. Such .contribution shall be for .coverage effective January 1, 2009; and BE iT FURTHER RESOLVED that the City shall implement a salary schedule, effective March 29, 2009, which provides a 3% increase in wages unless the other bargaining units do not accept the same terms,. in which case the Union reserves the right to renegotiate. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of February 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAr~r~ REPORT REPORT PREPARED BY: DEPARTMENT DIIECTOR REVIEW: REVIEWED BY CITY MANAGER: CITY COUNCIL MEETING FEBRUARY 10, 2009 JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR runt~IC HEARINGS 9 41 NAME, TITLE ,.y'~ IGNATURE ' '~'' L • ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to except the Velmeir Company from the Penn Avenue Moratorium for their proposed. CVS development at 6528 Penn Avenue. .J I. RECOMMENDED ACTION: By Motion: 1. Conduct and close a public hearing to solicit comments regarding a request for an exception from the development moratorium enacted on September 11, 2008 to allow consideration of a conditional use permit application at 6528 Penn Avenue; and 2. Deny a request for an exception from the development moratorium enacted on September 11, 2008 to allow consideration of a conditional use permit application at 6528 Penn Avenue with a finding that the proposed plans do not meet the intent of the approved Penn Avenue Corridor Design Guidelines, existing zoning requirements or draft zoning requirements for a new Penn Avenue Overlay District. , II. BACKGROUND Attorney Peter Coyle (on behalf of Velmeir Companies, their client CVS Pharmacies and the owners of 6528 Penn Avenue) has applied for an exception to the 021009 CVS Exception development .moratorium currently in effect along Penn Avenue. Velmeir, CVS and the property owners ("the applicants")wish to apply for a Conditional Use Permit • (CUP) to allow construction of a new freestanding CVS Pharmacy. In order to apply for the CUP, they must first be granted an exception from the development moratorium. ' The development moratorium that is in place in the Penn Corridor was adopted by the City Council on September 11, 2008. The purpose of that moratorium was to allow time for the completion of a number of guidelines and regulations related to the -Penn Avenue Corridor - specifically, a comprehensive plan amendment, creation of design guidelines and a rezoning of the area. The moratorium is in effect until no later than September 11, 2009; although the expressed policy is that the moratorium would be terminated upon the adoption of the new policies and guidelines. The status of each of these is as follows: Comprehensive Plan Amendment: Approved by the City Council on July 8, 2008. Submitted to the Metropolitan Council for their review on December 30, 2008, pending their review and approval (anticipated by the end of March). Design Guidelines:. Approved by the City Council on October 28, 2008_. Rezoning: Currently being drafted by staff with the intent that they be present for a first reading at the March 10, 2009 City Council meeting. • Rational criteria for granting an exception to the moratorium would be that either: a) the project being proposed is minor in nature in that it does not alter the existing land-use or physical environment of the corridor, or; b) the proposed development represents an attempt to meet the new regulations and guidelines (that have been passed or are contemplated). Staff is of the opinion that neither of these criteria is met by the proposal under consideration. The proposed CVS development would represent a major alteration of the physical environment of the Penn Corridor. It would replace existing in-line shopping center space with 12,900 square feet of stand-alone retail space that is different in scale (height, traffic demand, drive-thru space, etc.) and design. The applicants had first provided staff with a proposed site plan in December 2007. Since that time, the applicants have met with staff on numerous occasions and were provided with the adopted design guidelines, as well as information regarding the rezoning that is being contemplated. They also met with members of the local business community to discuss the vision for the area. Yet, upon being informed about the vision for Penn Avenue, the applicants have chosen to make no substantive changes to their plan in an attempt to reflect that vision. In the absence of a moratorium, the development proposal does not meet several requirements of the current zoning (C-2) and would need at least four variances (parking, distance of drive-thru to residential property, location of refuse collection items and setbacks for signage). The proposal also does not meet the adopted design guidelines in the following • manner: _ • Building setbacks are too large. The Guidelines call for setbacks to remain relatively small with zero front and side setbacks being encouraged. Door Yard frontages are guided to allow the front set back to be no more than 6 to 12 feet, and the side-yard setback 0-15% of the lot width; • Yard- and Street-wall are to be pedestrian-only zones; • Rain gardens should be-built on-site to treat storm .water; • Bike- racks should be included in the site plan; _ • Shrubs should be used sparingly in the pedestrian amenity zone; and • ~ Cantilevered roof shelter over entrance, relating to entry opening; • Fabric awning material in colors compatible with historic building style (the plans state aluminum awnings to be installed); Finally; staff will be proposing that the City Council rezone the property to Mixed- Use Commercial with specific Penn Avenue Corridor Overlajr modifications, at the March 10 City Council meeting. As currently envisioned, the proposal does not meet these proposed requirements in the following ways: insufficient building coverage, excessive front yard setback, insufficient pervious area, location of public entrance, location of parking areas and drive aisles, and insufficient window space and placement. _ • In conducting research of other recently approved CVS locations (particularly a proposed CVS located. at the 4400 block of France Avenue in Minneapolis), -staff has concluded that CVS has made design/layout concessions in the past which are consistent with those which are contemplated in the vision, guidelines and . requirements of the Penn Corridor Revitalization Area. As a matter of precedence, an exception to the moratorium was previously granted by the City Council on October 28, 2008 for Mother Duck Learning Genter. In the case of that moratorium exception, the proposed use was one that already existed in the area and -was going into an existing building in the Corridor. Furthermore the property owners demonstrated a commitment to follow the Penn Corridor Design .Guidelines (which were then at the stage of being proposed, but not yet adopted). Therefore both of the aforementioned criteria for granting an exception were met. The use being proposed is consistent with the vision, design guidelines and both the current and proposed zoning for the site. The site layout and building design and materials, however, differ greatly from those which have been envisioned through the Penn Corridor Revitalization planning process. Staff is confident, however, that the applicants could make changes to their site plan that (while not necessarily meeting every aspect of the design guidelines and zoning) will demonstrate an attempt to reflect the spirit and intent of the Penn Corridor Vision. The property located at the northwest corner of Penn Avenue and 66~' Street West is a shopping center with multiple addresses. The address listed in the City's database is 6534 Penn Avenue. The address listed on Hennepin County's website is 6528 Penn Avenue. Both addresses are valid. This staff report uses Hennepin County's address so that it can be associated with a Property Identification (PID) Number. III. BASIS OF RECOMMENDATION ~ A. POLICY The City Council adopted a development moratorium for the Penn Avenue Corridor on September 11, 2008.. • Unless terminated earlier by action of the City Council, the development moratorium will be in place until September 11, 2009. • Velmeir Companies has proposed a development at 6528 Penn Avenue that would not be allowed under the terms of the development moratorium. • Velmeir Companies is seeking an Exception from the development moratorium in order to seek a CUP for their .proposed development. • Even if the moratorium exception were granted, the, proposal. would be subject to consideration of a CUP, the Penn Corridor Design Guidelines and, most likely, a number of variances. B. CRITICAL ISSUES • Staff has concluded that the site plan included in the proposal is not consistent with the Penn Corridor Design Guidelines. • It would be difficult to evaluate a conditional use permit if the exception were to be granted because the CUP findings would require the proposal to be consistent with both the Comprehensive Plan and the Zoning Ordinance -both of which- are. in a state of being revised. • ~ C. FINANCIAL • N/A - D, LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALi~xNATIVE RECOMMENDATION(S~ ~ • Continue consideration of this item to allow the applicant to resubmit a revised site plan which is more reflective of the Penn Corridor Design Guidelines and with current and/or proposed zoning. • Approve an exception to the moratorium and allow the applicant to .proceed with required land use approvals (including a CUP and any variances they would require). V. ATTACHMENTS • Applicants' request for a moratorium exception. • Applicants' proposed site plan, landscape plan and elevations. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • Jon Lennander, Project Manager, Velmeir Companies. • • Peter Coyle (of Larkman Hoffman), applicant's legal council. Larkin R - ~ Ho,~fman Larkin Hoffman Dalq 8c Lindgren Ltd. ATTO R N iY4 1500 Wells cargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 ~ E n e e a -: 952-83 5-3800 Fax: 952-896-3333 wes: wwwlarkinhoffman.eom Januazy 27, 2009 Mayor Debbie Goettel Richfield City Council City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423 Re: CVS Pharmacy/66th and Penn Dear Mayor Goettel and Councilmembers: We are land use counsel for Velmeir Companies and their client, CVS Pharmacies, in connection with an application for a new retail pharmacy in the northwest quadrant of 66th and Penn in the City of Richfield. Specifically, the Vehneir application on behalf of CVS seeks: (1) exemption • from the City's moratorium on new devel.,~,~..ent along the Penn Avenue corridor; and (2) Conditional Use Permit approval for a new freestanding retail pharmacy on the comer of 66th .and Penn. If this request is approved by the City Council, we expect it would be conditioned satisfying requirements in the City Code necessary to support a Building Permit. Over the past few months, representatives of Velmeir have met with City staff, local business owners and City leaders to understand your priorities for redevelopment along the Penn corridor. We are encouraged by the positive feedback on the idea of reestablishing afull-service pharmacy at a key intersection of the City. Our proposed Site Plan attempts to capture the spirit of yow priorities, to the best of our abilities. We have created a plan that accommodates pedestrian traffic, while also efficiently serving customers accessing the store via automobile; we have introduced substantial new landscaping to establish a neighborhood environment that is vibrant and appealing; and we have initiated a multimillion dollaz redevel.,r...ent project at a key intersection at a time when almost no new investment is flowing into commercial or retail devel.,r,~~ent. In pursuing this project, we have had to work with limitations imposed by the targeted site, the owner of that site, and our end-user client, CVS. The elevation of the site vs. the street grade makes it difficult to bring. the building forwazd out of concern that it will overwhelm the intersection and undercut the goal of being pedestrian-friendly. The site will continue to be occupied by the landlord whose remaining building north of CVS will stay in its current alignment to Penn Avenue; consequently, he is very concerned that the placement of the CVS building not obstruct his view from the intersection or alter the parking pattern for the adjacent uses. Finally, CVS wants to be certain that its customers have ready access to the site, but also to available parking that is readily verifiable. l~ Mayor Debbie Goettel January 27, 2009 Page 2 We believe our proposed CVS Site Plan strikes a reasonable balance in ~ic,~~~as of providing a fresh, new use of an important corner of the City, reflecting amulti-million dollar investment, balanced by pedestrian and landscape improvements that will initiate the City's long-term goal of establishing a fresh vitality to an important neighborhood in the City. We appreciate being allowed to submit our request for an exemption from the City's pending devel.,r.,~ent moratorium and the related Site Plan. If the City Council is supportive of our request for an exemption based on the submitted Site Plan, we understand we will be required to prepare for City approval the technical engineering and structural information to support application for a Building Permit. Sincerely, P~ter J. r fo Larkin Hoffinan Daly & Lindgren Ltd. • Direct Dial: (952) 896-3214 Direct Fax: (952) 842-1704 Email: ncovlena.larkinhoffman.com • i23815A.1 • i - '~ ~~ ~t ~~~• ~. ~ ~~ ~ ° ~~L ~ °~ '~~ ~~ G ~ ~ . € ~~ ~~a ~ qm9 r ~~~ . R~ ~~ ~p N 1__~ / 5(10'17'09'E a24.~R ~~ ~~ ~" =a a.. ;4 o- ~L ~ ~ . ' ` ~ r ~ mac' ..' O~ v2 i -~ ~ rrtoi w~ 1 ~ m : ~ mi ~~ ~ .s . ~" ::~, ..~ W ~~.~ r- F ~:' °° nNi m C :: W ff •y1 y y I ~~ Xs k ~ °° b 4 ~`/' ~~ S ;~' ~~' ICI l v~ MIS tl~B IAI~I ~/ pp . ~''~``~~ I I I I Io-I I ~~ ~d i~l 1~ ~... -... .. 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El~p~'ON 5 / 5 RE~E ~pUNpFLO~'~N~ s 82.5'L.F' s41.25LF z63LF•1 ~) PE~~tEL~ E~~p ~ 64 t~pw FRpVIOFD Il~uww°E°1 s1A.5L~ t UNpE'~UCtEDGIASSA /„ FLOOR'~pows ~° ~ ~~ . y~.oa+~ p~ ~~~Em OY~ ~IRREp.58 s i8.33Lf • 131.9 () ~RNSQpRENTWIN~ pRp`nDED ~nFa~W0m1 s1Ab L~' I ~ ~C~p~egAREA .~ J H s o~ ~i N~RR ~~ ~I~giNM1 ~ 58uiio 104 p, pit{3 }Y2148~~ Fol% 313'4201 ~~ A~~E E~IATiOH F15~ " ~~ e ~ . 5y- pp36- k X61 ~• s.~~.~ ~~ , ~rv~ gpFF • AGENDA SECTION: AGENDA ITEM # REPORT # J FEBRUARY 10, 2009 REPORT PREPARED BY: PUBLIC HEARINGS 1~ 42 KIRSTEN PARTENHEIMER, HOUSING SPECIALIST NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STAFF REPORT CITY COUNCIL MEETING ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of resolution specifying the use of funds from the Community Development Block Grant allocation for 2009. ~, I. RECOMMENDED.ACTION: Conduct and close the public hearing and by motion: 1. Authorize. the use of funds for the 2009 Community Development Block Grant allocation. 2. Approve the attached resolution authorizing the use of funds. for the 2009 Urban Hennepin County Community Development Block Grant Program and authorizing signature of a Subrecipient Agreement with Hennepin County and any required third party agreements. -~ II. BACKGROUND Under the Community :Development Block Grant (CDBG) program, Hennepin County (County) is awarded funding on a formula basis from the federal Department of Housing and Urban Development (HUD). Richfield and other communities that would receive a funding amount of 3.5% or more of the County's grant receive a direct planning allocation. A project proposal detailing Richfield's use of its 2009 CDBG preliminary allocation of $194,693 is due to the County on February 26, 2009. 021009 Public hearing. CDBG resolution The chart below summarizes the recommended use of Richfield's 2009 allocation: • Project I REQUEST. ITOTAL RECOMMENDATION 1. Public Service a. H.O.M.E. (Senior Community Services) $ 15,537 $ 14,204 b. HOME Line $ 7,000 $ 5,000 c. JVS $ 7,700 $ 5,000 d. CAPSH $ 5,000 $ 5,000 TOTAL $ 35,237 $ 29,204 2. Scattered Site Acquisition and, Demolition $ 165,490 $ 165,490 TOTAL CDBG ALLOCATION $ 200,727 $ 194,694 The City can use up to 15 percent, $29,204, of its CDBG allocation to fund public service providers. The request from public service providers exceeded the available funds ($29,204) and were adjusted in the recommended allocation. Household Outside Maintenance for Elderly (H.O.M.E.) is a homemaker, maintenance and chore service program for residents who are 60 years old or older, or who have a disability, with the goal of keeping people in their homes longer to avoid the high costs of nursing home care. Clients are asked to pay for services based on a sliding fee scale. • HOME Line provides support to renters by offering free call-in or walk-in service, providing information and advice on tenant/landlord law and on court • procedures. HOME Line also helps solve problems such as maintenance/repair related issues or instances of management abuse. A Renter Education Program for students is a program presenting the basics of renting for young people soon to be entering the rental market for the first time.. Over 26,500 students have been through the program to date and it has won awards from Best Prep and Business Economic Education Foundation (B.E.E.F). Finally, the Immigrant Outreach Program, a new program, assists recent immigrants with the rental process. A division of Jewish Family and Children's Service of Minneapolis (JVS) provides a Career Development Program. JVS provides personalized employment support to help individuals determine a career fit and to develop a plan of action for choosing a career, and expects to serve 14 Richfield residents in 2009. The JVS assists persons in acquiring needed education and skills, securing a new job, or advancing in a current field. The organization has also launched a new online employment service website. • Community Action Partnership for Suburban Hennepin (CAPSH) provides homebuyer workshops, individual homebuyer counseling, foreclosure prevention services and counseling, and reverse mortgage services. CAPSH is working to expand its home rehabilitation and maintenance services to residents of Richfield and is also planning to introduce Financial Literacy workshops in Richfield in 2009. Currently, CAPSH provides financial literacy counseling at its offices in Hopkins, in conjunction with Lutheran Social Services, but surveys from clients and providers indicate a great need for financial literacy training in Richfield. The remainder of the funding, $165, 490, is proposed to be allocated towards the acquisition and demolition of a blighted single-family property. For many years, the Housing and Redevelopment Authority (HRA) has addressed substandard properties by demolishing the structures and redeveloping the lots with new single- family homes. The project diversifies the housing stock and provides homeownership opportunities for families. III. BASIS OF RECOMMENDATION A. POLICY • Allocation of federal CDBG funds is an annual activity. • Hennepin County has an allocation system, which is unique in providing an annual source that can be planned for. • At least 70 percent of CDBG expenditures must be used for activities benefiting low and moderate-income. persons. B. CRITICAL ISSUES • The application for funds. is due to Hennepin County on February 26, 2009. • A local public .hearing must be held prior to submission of the application. • Third party agreements are prepared annually with each of the public • service agencies. C. FINANCIAL • With a 15% administrative fee already taken into account, the total Urban Hennepin County CDBG Program allocation for Richfield in 2009 is estimated to be $194,693. This is only a preliminary figure provided by Hennepin County, as it has not received notice of the final allocation. D. LEGAL • A notice of public hearing was published on January 29, 2009 in the Sun Current. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Modify the amount of funds allocated to reach project in a way that still achieves funding guidelines. V. ATTACHMENTS • • Resolution VI. PRINCII'AL PARTIES EXPECTED AT MEETING • N/A ~~~i RESOLUTION NO. . RESOLUTION AUTHORIZING USE OF FUNDS fOR THE 2009 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS WHEREAS, the City of Richfield, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is participating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, The City of Richfield has developed a proposal for the use of 2009 CDBG funds made available to it; and WHEREAS, the City held a public hearing on February 10, 2009 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities for the City's proposed use of $194,693 from the 2009 Urban Hennepin County CDBG Program; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota as follows: 1. Approves the following projects for funding from the 2009 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. ~ Activity ~ Budget • 1. Public Service a. H.O.M.E. (Senior Community Services) $ 14,204 b. HOME Line $ 5,000 c. JVS - $ 5,000 d. CAPSH $ 5,000 TOTAL $ 29,204 2. Scattered Site Acquisition and Demolition $ 165,490 TOTAL CDBG ALLOCATION $ 194,694 2. That the Mayor and City Council hereby authorize and direct the execution of the Subrecipient Agreement with Hennepin County and any required Third Party Agreements on behalf of the City to implement the 2009 CDBG Program. 3. That should the final amount of FY 2009 CDBG available to the City be different from the preliminary amount provided to the City, the City Council hereby authorizes the city manager/administrator to adjust project budget(s) to reflect an increase or decrease in funding: Adopted by the City Council of the City of Richfield, Minnesota this .day of February, 2009. ' Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 11 REPORT # 43 ~~' STA1+`r' REPORT ~~ CITY COUNCIL MEETING -F+ EBRUARY 10, .2009 REPORT PREPARED BY: STEVEI~,L. DEVICH, CITY MANAGER ~ I NAME, 77TLE REVIEWED BY CITY % --- `_ _ r MANAGER: - ~ ~ , _~ ITEM FOR COUNCIL CONSIDERATION: Consideration of authorizing staff to hire Stahl Construction Company to act as the Construction Manager for the new Police/Fire/Cit~r Hall Facility. ..~~~ • I. ~ RECOMMENDED ACTION: ' By Motion: 1. Approve the purchase of construction manager services from Stahl Construction Company for a new Police/Fire/City Hall facility for the City of Richfield and 2. Authorize the City Manager to execute the contract not to exceed ~ $571,000.00. II. EACKGROUND Richfield's Municipal Building at 6700 Portland Avenue South was constructed in 1963. It houses City Hall, the Police Department, Fire Station I and a Licensing Department, which services the public. The existing building is about 53,000 square feet. Over the years, the building has been remodeled numerous times to accommodate increased staffing and programs. The various remodels have made it very difficult for the HVAC equipment to provide adequate heating and cooling and the buildings are poorly laid out for efficiency and security. The building does not meet many of today's codes and moisture problems have damaged some areas and caused some employee concerns about health. • On November 25, 2003, a City Hall Advisory Task Force (CHAT-I) was appointed by the City Council to investigate the feasibility of major remodeling of the building versus construction of a new building to meet today's needs. Their , recommendation on April 26, 2005 was to build a new building. 0210Construction Manager Contracfll On July 26, 2005 a second City Hall-Advisory Task Force (CHAT-II) was formed to look at locations for a new facility. Their recommendation was to use the existing site. On November 25, 2008 the City Council authorized staff to hire Wold Architects and Engineers to provide the architectural and final design services for the new Police/Fire/City Hall facility. Since then, staff has solicited proposals for a project Construction Manager to provide project. management services for the construction of the new facility. The services included in -the proposal are cost estimating, bidding, on-site supervision, construction coordination, and public involvement. .Ten proposals were received. The ten proposals were reviewed by a committee comprised of City staff and a representative of Wold Architects. 'The proposals were evaluated according to a set of predetermined criteria ranging from commensurate experience to cost and breadth of services. Four firms were then selected as semi-finalists and interviewed by the same panel. The four firms selected for interviews were: Adolfson & Peterson Construction Gundlach Champion Kraus Anderson Construction Stahl Construction Stahl Construction .Company was selected by the staff committee based on its experienced and capable Richfield "team" members, its prior, successful projects with Wold Architects, the positive references from past clients and its highly • competitive fee proposal (the lowest of the four firms interviewed by over $100,000).. In addition, City staff placed a number of reference calls to previous clients of Stahl Construction on their larger projects and received excellent recommendations with respect to their work and expertise. Stahl construction has worked on several major projects. in the metropolitan area including recent projects such as Lakeville Police Administration Building, Lakeville South High School, Wayzata City Hall/Library/Police facility and the. Minneapolis Third Precinct Police Station. On January 27, 2009, a draft contract for construction management services with Stahl Construction was presented to the City Council for consideration. This was done in an attempt to keep the process on track and to initiate the next step of the design phase of the project. However, a clerical error was found in that draft and the City Council wanted additional time to review the contract. As a result, .the matter was tabled until February 10, 2009. Since that time the contract with Stahl has been reviewed and a final draft of the contract was prepared. Also submitted for Council review is the "redline" version of the. final contract, which is a modification of a standard AIA contract format. The final contract is virtually identical to the draft presented on January 27 except that the clerical errors have been corrected and the contract was further clarified (13.4.1) to mirror the parties understanding that the "not to exceed" amount of $571,000 is based upon a maximum of $255,000 of reimbursable expenses for a construction period of up to 17 months. If the construction schedule were to exceed 17 months, Stahl may be eligible for additional reimbursable expenses. A. POLICY • If the City is to contract with Stahl Construction Company, City Council approval and authority is necessary for the agreement. B. CRITICAL ISSUES I • To prevent multiple change orders it is important that the Construction Manager be active as part of the City Hall design and pre-construction phase. Because Wold Architects has already begun the design phase, getting the Construction Manager on board as soon as possible is critical C: FINANCIAL • The services proposed by Stahl Construction Company are not to exceed $571,000 based on a 17 month schedule. • The new Police/Fire/City Hall Facility is in the City's Capital .Improvement Budget (CIB). • The Construction Manager costs are included in the $22,250,000.00 budgeted for the new facility. • Stahl Construction's fee of $571,000 represents. a savings of approximately $128,000 compared to the next lowest proposal. D. LEGAL • The City Attorney has prepared the contract and will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • • Stahl Construction Company has LEED certified personnel and is very familiar with sustainable construction. III. AL1rxNATIVE RECOMMENDATION(S) • The City Council could decide not to approve this agreement. • The City Council could decide to postpone approval of this agreement. IV. ATTACHMENTS • Redline version of contract. • Final contract signed by Stahl. . • Fee proposal matrix. V. PRINCII'AL PARTIES EXPECTED AT MEETING • Stahl Construction representatives.. • AIA Document 801TMCMa -1992 AIA Document 8OITMCMa -1992. Standard Form of Agreement Between Owner and Construction Manager, as Modified Where the Construction Manager is NOT a Constructor AGREEMENT made as of the 10th day of ebruarv in the year Two Thousan Nin 2009L. {~+eri~~. ink ~ ea: BETWEEN the Owner: fWarr~e-s~ess} and the Construction Manager: ~1arr~e~-artless) The Architect is: {Alarrrs~iresg} • {~ei~s~e~~eta~iie~-~'os~-,~~ie'rref~-rejsat, .'ee.;~`s;-, e:,',~seepej 6700 Portland A_ v .n»e~outh Richfield. MN 55423 !~ ~ ;~ AIA Document 801TMCMa -1992 • ARTICLE 1 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 1.1 CONSTRUCTION MANAGER'S SERVICES § 1.1.1 The Construction Manager's services consist of those services performed by the Construction Manager, Construction Manager's employees and Construction Manager's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14. § 1.1.2 The Construction Manager's services shall be provided in conjunction with the services of ~shiteet-as 'tia~ ~. ~- ~a~el}rtee~ ' r 1/dit' a€this~the Architect as set forth in that ~~ain Agreement effective December 1 2008 beriveen Ovmer and Architect and with the cervices of a building perform nce t n ar n ultant Orfield ab Tnc n it ,ant to hat certain Agreement effective November 25. 2008 between Owner and Orfield. Anv issues related_to_the_n_erformance sta_tadards arising out of the Orfield Agreement shall be handled throueh the Architect and Owner The Construction Manager has no oblieafion to eive notice nr to work directly with Orfield on issues relatin¢ to buildinu performance standards. § 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement in an expeditious and economical manner consistent with the interests of the Owner. § 1.1.4 The services covered by this Agreement aze subject to the time limitations contained in Section 13.5.1. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 2.1 DEFINITION § 2.1.1 The Construction Manager's Basic Services consist of those described in Sections 2.2 and 2.3 and any other • services identified in Article 14 as part of Basic Services. § 2.2 PRE-CONSTRUCTION PHASE § 2.2.1 The Construction Manager shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.2.3 Based on early schematic designs and other design criteria prepazed by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for program requirements using azea, volume or similaz conceptual estimating techniques. The Construction Manager shall provide cost evaluations of altemative materials and systems. § 2.2.4 The Construction Manager shall expeditiously review design documents during their development and advise on proposed site use and improvements, selection of materials, building systems and equipment, and methods of Project delivery. The Construction Manager shall provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and possible economies. § 2.2.5 The Construction Manager shall prepare and periodically update a Project Schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the preliminary project schedule relating to the performance of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules, highlighting critical and long-lead- time items. § 2.2.6 As the Architect progress with the preparation of the Schematic, Design Development and Construction • Documents, the Construction Manager shall prepaze and update, at appropriate intervals agreed to by the Owner, fi~~ AIA Document 801TMCMa -1992 • Construction Manager and Architect, estimates of Construction Cost of increasing detail and refinement. The estimated cost of each Contract shall be indicated with supporting detail. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appeazs that the Construction Cost may exceed the latest approved Project budget and make recommendations for corrective action. § 2.2.7 The Construction Manager shall consult with the Owner and Architect regarding the Construction Documents and make recommendations whenever design details adversely affect constructability, cost or schedules. § 2.2.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regazding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities aze included in the proposed Contract Documents. § 2.2.9 The Construction Manager shall provide recommendations and information to the Owner regazding the allocation of responsibilities for safety programs among the Contractors. § 2.2.10 The Construction Manager shall advise on the division of the Project into individual Contracts for vazious categories of Work, including the method to be used for selecting Contractors and awazding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. § 2.2.11 The Construction Manager shall prepaze a Project construction schedule providing for the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products requiring long lead time, and the occupancy requirements of the Owner. The Construction Manager shall provide the current Project construction schedule for each set of bidding documents. § 2.2.12 The Construction Manager shall expedite and coordinate the ordering and delivery of materials requiring long lead time. § 2.2.13 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 2.2.14 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs for inclusion in the Contract Documents. § 2.2.16 Following the Owner's approval of the Construction Documents, the Construction Manager shall update and submit the latest estimate of Construction Cost and the Project construction schedule for the Architect's review and the Owner's approval. § 2.2.17 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. § 2.2.18 The Construction Manager shall develop bidders' interest in the Project; and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct prebid conferences with prospective bidders. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 2.2.19 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owners for the Owner's award of Contracts or rejection of bids. I ~-4 AIA Document 801TMCMa -1992 • § 2.2.20 The Construction Manager shall assist-tl3e-A~n~ ' advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. § 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the arr. ~ gals of governmental authorities having jurisdiction over the Project. § 2.3 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.3.1 The Construction Phase will commence with the award of the initial Construction Contract or purchase order and, together with the Construction Manager's obligation to provide Basic Services under this Agreement, will end 30 days-after final payment to all Contractors is due. § 2.3.2 The Construction Manager shall provide administration of the Contracts for Construction in cooperation with the Architect as set forth below and in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement:. as modified for the Prom. § 2.3.3 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accordance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. § 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, • progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. § 2.3.5 Utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Project construction schedule incorporating the activities of the Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project construction schedule as required to show current conditions. If an update indicates that the previously approved Project construction schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. § 2.3.6 Consistent with the various bidding documents, and utilizing information from the Contractors, the Construction Manager shall coordinate the sequence of construction and assignment of space in areas where the Contractors are performing Work. § 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost. The Construction Manager shall show actual costs for activities in progress and estimates for uncompleted tasks by way of comparison with such approved estimate. § 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. § 2.3.10 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. I ~- AIA Document 801TMCMa -1992 § 2.3.11 The Construction Manager shall develop and implement procedures for the review and processing of applications by Contractors for progress and final payments. § 2.3.11.1 Based on the Construction Manager's observations and evaluations of each Contractor's Application for Payment, the Construction Manager shall review and certify the amounts due the respective Contractors. § 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors' Certificates for Payment. § 2.3.11.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's determinations at the site as provided in Section 2.3.13 and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. § 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed constriction means, methods, techniques, sequences for the Contractor's own Work, 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. As_between the Owner and the Construction Manaeer. • notwithctandinetbis Section 2 3 11 4 and Section 2 3 11 3 the_Construction Manaeer shall nromntly report to the O~=.^.:er observed Work or material no in actor ante with he Contract Documents or of eood quality and the Constriction Manager shall take such observed deficiencies into account in certifvine payment and other applicable sections of the aere~ment The Conctn~ction Manaeer is held to a duty to the Owner of reasonable observation of the Work in the course of the performance by the_C_o_nstructio_n Iv(~Qer of its duties under this Aereement. includi_ne Section 2 3 1~ § 2.3.12 The Construction Manager shall review the safety programs developed by each of the Contractors for purposes of coordinating the safety programs with those of the other Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 2.3.13 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficiencies in the Work. As appropriate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. The Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. § 2.3.14 The Construction Manager shall schedule and coordinate the sequence of construction in accordance with the Contract Documents and the latest approved Project construction schedule. § 2.3.15 With respect to each Contractor's own Work, the Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's responsibility under the Contract for Constriction.-q=ke S»bie~t to Sections 2 3 11 4 and 2 3 29 the • Construction Manager shall not be responsible for a Contractor's failure to carry out the Work in accordance with the plans and specifications. The Construction Manager shall not have control over it-~ AIA Document 801TMCMa -1992 e of acts or omissions of the Contractors Subcontractors or their a ents or em to ees, or an other persons or charg S p Y Y performing portions of the Work not directly employed by the Construction Manager. § 2.3.16 The Construction Manager shall transmit to the Architect; requests for interpretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions that may arise. § 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives which incorporate the Architect's modifications to the Documents. § 2.3.18 The Construction Manager, shall assist the Architect in the review, evaluation and documentation of Claims. § 2.3.19 The Construction Manager shall receive certificates of insurance from the Contractors and forward them to the Owner with a copy to the Architect. § 2.3.20 In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Contractors. The Construction Manager shall coordinate submittals with information contained in related documents and transmit to the Architect those which have been approved by the Construction Manager. 'The Construction Manager's actions shall be taken with such reasonable pr.,.~.Y4..ess as to cause no delay in the Work or in the activities of the Owner or Contractors. § 2.3.21 The Construction Manager shall record the progress of the Project. The Construction Manager shall submit written progress reports to the Owner and Architect including information on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of completion. The Construction Manager shall keep a • daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 2.3.22 The Construction Manager shall maintain at the Project site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and upon completion of the Project shall deliver them to the Owner. § 2.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner- purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Project. § 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractors' final testing and start-up of utilities, operational systems and equipment. § 2.3.25 When the Construction Manager considers each Contractor's Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 2.3.26 The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. ~ ~-7 AIA Document 801TMCMa -1992 • § 2.3.27 The Construction Manager shall secure and transmit to the Architect warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment upon compliance with the requirements of the Contract Documents. § 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractors. Consent shall not be unreasonably withheld. 2.3.29 Pr~,..,.~ written notice shall be g_iy~v~h~Conctn,ction Manager to the Owner and Architect if the Construction Manager becomes a~=pare of anv fault or defeat in the Proiect or non-conformance of the work with the_ Contract Documents ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The Optional Additional Services described under Section 3.3 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.2 are required due to circumstances beyond the Construction Manager's control, the Construction Manager shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.2 are not required, the Owner shall give prompt written notice to the Construction Manager. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Construction Manager shall have no obligation to provide those services. § 3.2 CONTINGENT ADDITIONAL SERVICES § 3.2.1 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity or the Owner's schedule. § 3.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.2.3 Providing services made necessary by the termination or default of the Architect or a Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or Contractor under a Contract for Construction. § 3.2.4 Providing services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. § 3.2.5 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Construction Manager is party thereto. § 3.3 OPTIONAL ADDITIONAL SERVICES § 3.3.1 Providing services relative to future facilities, systems and equipment. § 3.3.2 Providing services to investigate existing conditions or facilities or to provide measured drawings thereof. § 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or installation of furniture, furnishings and related equipment. § 3.3.5 Providing services for tenant improvements. § 3.3.6 Providing any other services not otherwise included in this Agreement. i~-~ AIA Document 801TMCMa -1992 • ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information regarding requirements for the Project, including a 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. § 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 If requested by the Construction Manager, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. § 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project: ac exnrecsly dele~ate~1 'n writin¢ to the renresentative by Owner's Council. The Owner, or such authorized representative, shall make eood faith efforts to render decisions in a timely manner pertaining to documents submitted by the Construction Manager in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 4.5 The Owner shall retain an architect whose services, duties and responsibilities are described in eke-edi~ie~-ef ~I~reat 1?'_ 11.'~xd~Far~ a€that certain Agreement Bet~ve~en Owner and Architect; inn, ~ ,effective December 1 2008. The Terms and Conditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written consent of the Construction Manager, which consent shall not be unreasonably withheld. The Construction Manager shall not be responsible for actions taken by the Architect. § 4.6 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.7 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractors' Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. § 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. § 4.9 The services, information and reports required by Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. § 4.11 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 4.12 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Construction Manager's services and the progress of the Work. 11-~ AIA Document 8OITMCMa -1992 • ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Except as provided in Section 5.1.3, Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. § 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, costs of the land, rights-of--way, fmancing or other costs which are the responsibility of the Owner as provided in Article 4. If any portion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Construction Manager or Construction Manager's consultants. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Construction Manager r~Y.~~ent the Construction Manager's best judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the • Construction Manager. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Construction Manager shall be permitted to include contingencies for design, bidding and price escalation, and shall consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclusion of alternate bids in the Construction Documents to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of any increase in the Contract Sums occurring after execution of the Contracts for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Section 9.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Construction Manager, without additional charge, shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. • II-1~ AIA_Document 801TMCMa -1992 S ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES § 6.1 Construction support activities, if provided by the Construction Manager, shall be governed by separate contractual agreements unless otherwise provided in Article 14. § 6.2 Reimbursable expenses listed in Article 14 for construction support activities may be subject to trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 7.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractors is described. The Construction Manager may retain one record set. The Construction Manager shall not own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Construction Manager's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, are for use solely with respect to this Project. They are not to be used by the Construction Manager on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Architect. The Construction Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the performance of the Construction Manager's services under this Agreement. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation . of the Architect's copyright or other reserved rights. AFT' ^' . ~ 8~-ARBIT~JAN ~ E9Si filiis Arg£eei~ie~it ~-'~~eaelr-tkeree€~~liall be-siibjeet to 'iii iii a3sc~r~~ tly in ~€fee~-ii~less-tr: pE-`_~ies-~nuiuall} §-~,~Betd-€ _ ..~1.:' iii -~giv~tli ~~ a~l~~ p etl3er~iatter in ~ ~: iia wit bhall `4ie-dam €a: d ~~: s ~.~t~ :,r ti3ii~. ~.~ ~?8 .toi{crativ~n arY~g ou+c o~~o;cikr~-~IcgHt s13P11-iiiala~F, t3~~89ti~81iav Ein~F£ 8£ i.1-ai3~ ~inc, wi ~ ~8 tl=i , , , per98ii 8£ 8 . ~ a ai~i tipf Sli @£~i`"sracivFi-vi-miT:~iiii3, ~iS~iite-9£~9t~r mn~S~iEA H8` ~£ "~FS6H-6£ iiEt n . Th t8 &r~i~~ .»_ ~ 8 o parcieS~t9~iS~lcgf8imiz aeee£aari~~ke~~l:; le•-• . ~3~Yetieii-the£ee~ §-~-~-13e-a~T1'wrc~ r `c8r Er 8rC , ~gribn~ m aooor~CiiE: ~138a1)l:, l~.vi~ ., rnraor ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT § 9.1 This Agreement may be terminated by either party 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. AIA Document 801TMCMa -1992 • § 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Construction Manager's services. § 9.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Construction Manager in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Construction Manager may terminate this Agreement by giving written notice. § 9.4 F~1-are r.~a~estien-A4a~eger i~ z _~ s1=~11 el __.,Y•.p~b «,~w a~u er sh_all co v with the Minnesota Municipal Promnt Pa m nt Ac_t_: Minn. S_t_a_t_._&_4_'1_1_._4.25. and Construction Mana¢er's remedies as to timely navments shall be eoverned by the Act. § 9.5 If the Owner fails to make payment when due the Construction Manager for services and expenses, the Construction Manager may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Construction Manager within seven days of the date of the notice, the suspension shall take effect without farther notice. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. § 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager 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 those costs directly attributable to termination for which the Construction Manager is not otherwise compensated. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Unless otherwise provided, 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 the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. ~a~rs ,~e-est~ ar €ail~es-te-as~ali~?l l;s-deerxe~ to 13a~e-ase~ee~ e-_~ die-agYli~ Sl:zll E `.l:an Ei~er~ke-date-ef ^a~gle~iex fe~aeEsar €eilt~res-te-aet-eea~~E~ ~r:aF ~~ Su~sEca~Iiel ' sa~xae ef-the-€r~~l I': iy •wy'rts3l~or atic § 10.4 Waivers of Subrogation. The Owner and Construction Manager waive all rights against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. The Owner and Construction Manager each shall require similar waivers from their Contractors, Architect, consultants, agents, and persons or entities awarded separate contracts administered under the Owner's own forces. § 10.5 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Construction Manager shall assign this Ab.oo...ent without the written consent of the other. l1-l~ AIA Document 801TMCMa -1992 • § 10.6 This Agreement represents the entire and integrated agreement between the Owner and Construction Manager 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 Construction Manager. § 10.7 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 Construction Manager. § 10.8 Unless otherwise provided in this Agreement, the Construction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 11 INSURANCE § 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE § 11.1.1 The Construction Manager shall purchase from and maintain for anv applicable claim period arisine out of the work" in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located3 such insurance as will protect the Construction Manager from claims set forth below which may arise out of or result from the Construction Manager's operations under this Agreement and for which the Construction Manager may be legally liable. .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the operations to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Construction Manager's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Construction Manager's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a • person as a result of an offense directly or indirectly related to employment of such person by the Construction Manager, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in Article 14 or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of operations under this Agreement until date of fmal payment and termination of any coverage required to be maintained after fmal payment. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER § 12.1 DIRECT PERSONNEL EXPENSE § 12.1.1 Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. § 12.2 REIMBURSABLE EXPENSES § 12.2.1 Reimbursable Expense are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. § 12.2.1.1 Expense of transportation in connection with the Project, expenses in connection with authorized out-of- town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. • 11- ~ 3 AIA Document SOITMCMa -1992 § 12.2.1.2 Expense of reproductions, postage, express deliveries, electronic facsimile, transmissions and handling of Drawings, Specifications and other documents. § 12.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. § 12.2.1.4 Expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Construction Manager. § 12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 12.3.1 An initial payment as set forth in Section 13.1 is the minimum payment under this Agreement. § 12.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 13.2.1. § 12.3.3 If and to the extent that the time initially established in Section 13.5.1 of this Agreement is exceeded or extended through no fault of the Construction Manager, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 13.3.1. ~r.~Y tzr.~e , omptm3ftt36A~9r-t~16" " / ':,•••" F~i,e D« ~ L L ea, cravrrsvriaxv"a-rv : fifeell C2 &~ Et~3t , ~ 8ii 1?. ~.1, ~.:F ~f na ~ E."`?l~i@te-A~9BPl3 ~~:'`.i6t28 ~e-l~ejee~ § 12.4 PAYMENTS ON ACCOUNT OF, BASIC AND ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES § 12.4.1 Payments on account of the Construction Manager's Basic and Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Construction Manager's itemiaedLstatement of services rendered in a~~ordance with the schedule of ratec in Exhibit A or expenses incurred. § 12.5 PAYMENTS WITHHELD § 12.5.1 No deductions shall be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in -Work 4anza: r 1~~;'a~e~rfct~d t:> h;. Ii~ile. Ow_ ne_r r_e_t_a_ illtsit~ii however. to withhold pavmer~ over which a ¢ood faith dispute exists. § 12.6 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS § 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Construction Manager as follows: § 13.1 AN INITIAL PAYMENT of_Zero Percent (0%1 or ) shall be made upon execution of this Agreement and credited to the owner's account at final payment. § 13.2 BASIC COMPENSATION § 13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 14 as part of Basic Services, Basic Compensation shall be computed and limited as follows: For Pre-Construction Phase Services: • octp 1„s,..7 .. ,.If:"/o9 81 ~Cr~eorsccsge9:~ ii-i~ AIA Document 801TMCMa -1992 • °r 4 s^, + no ~M Pte.,: ~ r ~ ; ~fi ~;, fit ~#qa ?( i ~~ ~ •- a t v, ±; jaw r v_~[ kI ~ti ~# Y~ ~ art",-`s°~~~~h`'~r -~~ ,;~~~.a~` ans_~t =~7, T77=~ ~- ~l~'•, 1. ,. l~'EFI-fti~P+-1~ .. ~••, ~. ...w'S. 1. 'Y~~;:. ix 1 r .~ i~~~~.i~ ~tf'S~.at , ~ w. _ 3_k~ ~ ~t1.. ~ti'i i',:t,°S~~L~fk~T~'~ ~s [r ~ !~, }, ... _ in accordance with Section 12.4.1. above. after pre-approval of such Additional Serviceby Owner. in writing,. § 13.4 REIMBURSABLE EXPENSES § 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Section 12.2, and any other items included in Article 14 as Reimbursable Expenses, ` ties-the_actual expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project. for the cost of on-site reimbursables necessary to establish and maintain our iobsite office including field superintendent with nick-un truck office trailer office eauinment and su~nlie . temnorarv ulili~es,.teminorarv sanitation. telenhone_and fax. not to exceed Fifteen Thousand Dollars ($15.000.001 a • month. and the total Expenses not to exceed Two Hundred Fi_ftv-Five Thousand Dollars ($255.000.00 f) or the anticinated seventeen (mil month nroiect neriod If the time of the Proiect exceeds seventeen months and Expenses exceed $255.000.00 Construction_ManaQer must demonstrate and Owner shall determine whether additional expenses are warranted and reasonable. § 13.5 ADDITIONAL PROVISIONS 13.5.1 IF THE BASIC SERVICES covered b this A Bement have not been completed within twentv~islitl2$) months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Sections 12.3.3 and 13.3.1. § 13.5.2 Payments are due and payable -r'~ ter: mk v~r, yr a at th8-pr~sigel pleseef `a:~' tiar_ 1`.4a~age~~putsuant to the Municipal Promnt Payment Act. ` ~g~"°~ .-~~t :«,,.•...,.«s... «,7,.« sA,. L',.,7,.«,.I T .ab :« 7,.«,7:ilb .~P~, .}Zi}~t'.. ... .. ......... :~ afi~et~2c'1=Y'egttt&'~ierw at t.~e-9w~'::1-'.: i¢.;'~v,tistr-xc^ciiv;i-~:R;iube~•'s ~r<w~'e~a sfhe ~~ejeet-a~a~eise~wlt~:°e::ta;; ~ffee~-Elte :t~'. :.ism. ~ ~B'~E~E9P}9vrr »xv ~ eng raquxrcf ~•8'i:.;.i' " ^Z... ,.as..« .1:..,,7,......•2' s: ~ :: E~:i+El~'9~ § 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Construction Manager. • § 13.3 COMPENSATION FOR ADDITIONAL SERVICES § 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article 14 as Additional Services, compensation shall be computed as follows: {~se~is~is sfestisi:, i:~u~tir~g~~.-..x ~.;..~^....~~,:«^^. D^....^«„^~ ~.,.,^«..^ ~ .. D«;«^:,,^~.. ^«a ~,+ Pose, ;` • ' s ~= fi?2E~18b~9-Bf~6rrxpcrx~i6Y.p', if ItPE ~~':' ~7~.~ ~ ~-iS AIA Document 801TMCMa -1992 • • ARTICLE 14 OTHER CONDITIONS OR SERVICES. The_Conshu_ction_M3naser_team~h 1~1 co~xsist of the nersons named in Attachment A made a mart o thf i~ Agreement. Anv nronosed chanee in the Construction Manager team must be atzproved by Ow~r's Cou~jl, ~¢y~}{.~q~{,;;1_"' ~ --- r~spcrr~arl914-~ ..1,.,7..,7 ;,,. •L:.. A,~..,.,,,.,,....s 1 _ M1 ~. i. .. § 14.1 LIMITS ON INSURANCE The insurance required by Article 11 shall be written for not less than the following limits, or greater if required by law: and hall name Owner a n additional instired. Type of insurance Limit of liability (S-A,00~ This Agreement entered into as of the day and year first written above. OWNER: CITY OF RICHFIELD CONSTRUCTION MANAGER: STAHL CONSTRUCTION COMPANY 0 0 (SiQnaturel (Printed name and title) 0 0 }1~tgefRegT~~le}(Siettature) (Printed name and title) ~r-i~ AIA Document 801TMCMa -1992 ATTACHMENT "A" STAHL $TAHL CONSTRUCTION COMPANY the PEOPLE. the PR01ECT5. the PROMISE. We of $tohl firmly believe thot mointaining the make-up of the construction team from project inception through project completion increases team morale ond chemistry, enhances the decision-making process ond overall team performance, helps to maintain necessary momentum ond, ultimately, provides the greatest opportunity For o successful project. Our proposed team has o combined length of service with Stahl oft 16 years. Because we believe so strongly in Stahl as a company, ond the team concept as o project delivery method, we hereby pledge to stay together as o team for the entire duration of your project. Please consider this pledge o testament to the loyalty of Stahl employees ond our collective desire to work together as a solid project team. Wayne Stahl -CEO - 28 yeors Cathy Schmidt • President - 13 yeors . Scott Everson -Vice President / Pre•construction - 14 years Poui Perzichilli • Vice President - 24 yeors Dale Sonnichsen • Project Monoger • 13 years Gory Maciejny • Field Superintendent - 19 yeors ~~ Cathy Schaii'dt, tresident /~ ` Srott Eretson, yia /resideef'trs•wasuv.6en Gory Mee sy, Field SepennUn 1 3.,-5 .V,~-.. ti: Mf <I •} t I k, MtJ 5$,7 (u ry ~.+. ).UO ~,i.. SSt r+~ii 9~r ~,. 4oa~ n.nu+c ¢UiOn. cryutil,~,~, ir., ~u~, J.. ~.~ (C4arb.t tool hr:id-illi, Yire tresident Dots Sonnichsen, -njttt Menoger `fie PRO~F~f,~ fW s / V o p ~~ p~Fjg£ • ~i-~7 • Document comparison done by Workshare DeltaView on Tuesday, February 04, 2009 - ~.; .~. :~+~c+aua~nut.~,o'~.4~'~y~'t.~"r.3~.,.s„~.,~,:..~.r r~- ~ ~rH.f h L ~ h ' *.~ N '~ ~ A _M..._ i', Via. Document 1 Powerpocs://DOCSOPEN/345750/1 Document 2 Powerpocs://DOCSOPEN/345761/1 Rendering set Standard Strommen • i-+ ter,,. Count Insertions 64 Deletions 79 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes _ _ 143 • ~ I ~-l 8 ~ AIA Document 801TMCMa -1.992 Standard Form of Agreement Between Owner and Construction Manager, as Modified Where the Construction Manager is NOT a Constructor AGREEMENT made as of the 10~' day of February in the year Two Thousand Nine (2009). BETWEEN the Owner: City of Richfeld 6700 Portland Avenue South Richfeld, MN 55423 and the Construction Manager: Stahl Construction Company 5755 Wayzata Boulevard St. Louis Park, MN 55416 • for the following Project: Police/Fire/City Hall Facility 6700 Portland Avenue South Richfield, MN 55423 The Architect is: Wold Architects & Engineers 305 St. Peter Street Saint Paul, MN 55102 The Owner and Construction Manager agree as set forth below. • THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. ~ i- i ~ AIA Document 801TMCMa -1992 • ARTICLE 1 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 1.1 CONSTRUCTION MANAGER'S SERVICES § 1.1.1 The Construction Manager's services consist of those services performed by the Construction Manager, Construction Manager's employees and Construction Manager's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14. § 1.1.2 The Construction Manager's services shall be provided in conjunction with the services of the Architect as set forth in that certain Agreement effective December 1, 2008, between Owner and Architect, and with the services of a building performance standazds consultant, Orfield Labs, Inc., pursuant to that certain As. ~;,.,.ent effective November 25, 2008, between Owner and Orfield. Any issues related to the performance standazds arising out of the Orfield Agreement shall be handled through the Architect and Owner. The Construction Manager has no obligation to give notice or to work directly with Orfield on issues relating to building p:,r:...,..ance standazds. § 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this As. ~o,..ent in an expeditious and economical manner consistent with the interests of the Owner. § 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Section 13.5.1. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 2.1 DEFINITION § 2.1.1 The Construction Manager's Basic Services consist of those described in Sections 22 and 2.3 and any other services identified in Article 14 as part of Basic Services. § 2.2 PRE-CONSTRUCTION PHASE § 2.2.1 The Construction Manager shall review the pros. w... furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's pros. ~...,, schedule and construction budget requirements, each in temps of the other. § 2.2.3 Based on eazly schematic designs and other design ,,.:u:..:a t,Y or4.rd by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for proe.a.., requirements using area, volume or similar conceptual estimating techniques. The Construction Manager shall provide cost evaluations of alternative materials and systems. § 2.2.4 The Construction Manager shall ;.1.,,;,~itiously review design documents during their development and advise on proposed site use and improvements, selection of materials, building systems and equipment, and methods of Project delivery. The Construction Manager shall provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and possible economies. § 2.2.5 The Construction Manager shall ,,:,,.~.re and periodically update a Project Schedule for the Architect's review and the Owner's acc:.r.~...ce. The Construction Manager shall obtain the Architect's c.rr... /al for the portion of the preliminary project schedule relating to the pL~f~..,..ance of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and int:,s. ass the Construction Manager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules, highlighting critical and long-lead- time items. § 2.2.6 As the Architect progress with the rk:,Y~.ration of the Schematic, Design Development and Constnuction Documents, the Construction Manager shall prepaze and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of Construction Cost of increasing detail and refinement. The estimated cost of each Contract shall be indicated with skrr.,> ~:ng detail. Such estimates shall be provided for the 2 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. ~~~a~ AIA Document 801TMCMa -1992 • Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Construction Cost may exceed the latest approved Project budget and make recommendations for corrective action. § 2.2.7 The Construction Manager shall consult with the Owner and Architect regazding the Construction Documents and make rec ~;..:,.:...endations whenever design details adversely affect constructability, cost or schedules. § 2.2.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for b:....rorary Project facilities and equipment, materials and services for c.,......on use of the C..r~l.uctors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed C.,a.l.act Documents. § 2.2.9 The Construction Manager shall provide recommendations and information to the Owner regazding the allocation of responsibilities for safety prob.~....s among the Contractors. § 2.2.10 The Construction Manager shall advise on the division of the Project into individual C.,..u«cts for various ~.w~ories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommendations asrequired to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate C....~act, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. § 2.2.11 The Construction Manager shall prepaze a Project construction schedule providing for the components of the Work, including phasing of construction, times of c..~..:..encement and completion required of each C.,u:.4ctor, ordering and delivery of products requiring long lead time, and the occupancy requirements of the Owner. The Construction Manager shall provide the can ent Project construction schedule for each set of bidding documents. § 2.2.12 The Construction Manager shall :;.~r:,lite and coordinate the ordering and delivery of materials requiring long lead time. § 2.2.13 The Construction Manager shall assist. the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 2.2.14 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of u,,,,..,r.:ate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimise adverse e,~'o..~S of labor shortages. § 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity prop. ~..,.s for. inclusion in the C...~u ~.ct Documents. § 2.2.16 Following the Owner's approval of the Construction Documents, the Construction Manager shall update and submit the latest estimate of Construction Cost and the Project construction schedule for the Architect's review and the Owner's aYY~.,,+al. § 2.2.17 The Construction Manager shall submit the list of r..,~YSCtive bidders for the Architect's review and the Owner's ~.r. „ gal. § 2.2.18 The Construction Manager shall develop bidders' ;..4:..~~G. in the Project, and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct prebid conferences with r...~Yective bidders. The Construction Manager shall assist the Architect with regazd to questions from bidders and with the issuance of addenda. § 2.2.19 The Construction Manager shall receive bids, ~..;;~,kre bid analyses and make a:,.N....aaendations to the Owner, for the Owner's awazd of C.,,.tapcts or rejection of bids. • THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. ~~ral AIA Document 801TMCM~ -1992 § 2.2.20 The Construction Manager shall advise the Owner on the acceptability of Subc,.aal.«ctors and material suppliers proposed by Contractors. § 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various C~..u«ctors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the ~,~,r, „ rals of gov:,..u..ental authorities having jurisdiction over the Project. § 2.3 CONSTRUCTION PHASE•ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.3.1 The Construction Phase will commence with the awazd of the initial Construction C.,..~. «ct or purchase order and, together with the Construction Manager's obligation to provide Basic Services under this A,,. ;.:,..~ent, will end 30 days after final payment to ail C.,..u«ctors is due. § 2.3.2 The Construction Manager shall provide admini~~.«~ion of the C~,.~.«cts for Construction in cooperation with the Architect as set forth below and in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement, as modified for the Project. § 2.3.3 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the C~..~.«ctors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accordance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. § 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress and scheduling. The Construction Manager shall r~.,r«.;. and;,.„>..rrly distribute minutes to the Owner, Architect and Contractors. • § 2.3.5 Utilizing the Construction Schedules provided by the C.,a.4.«ctors, the Construction Manager shall update the Project construction schedule incorporating the activities of the C.,~.;~«ctors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project construction schedule as required to show cun~ent conditions. If an update indicates that the previously aN~,.„red Project construction schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. § 2.3.6 Consistent with the various bidding documents, and utilizing information from the C.,..u«ctors, the Construction Manager shall coordinate the sequence of construction and assignment of space in azeas where the Contra.,~~~~ are performing Work. § 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the C.,..~.«ctors. The Construction Managei shall recommend courses of action to the Owner when requirements of a C.,..[. «ct are not being fulfilled. § 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost. The Construction Manager shall show actual costs for activities in progress and'estimates for uncompleted tasks by way of comparison with such approved estimate. § 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. § 2.3.10 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. 4 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. i I- ~-2. AIA Document 801TMCMa -1992 § 2.3.11 The Construction Manager shall develop and implement procedures, for the review and processing of applications by Contractors for progress and final payments. § 2.3.11.1 Based on the Construction Manager's observations and evaluations of each C~,.uactor's Application for Payment, the Construction Manager shall review and certify the amounts due the respective Contractors. § 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors' Certificates for Payment. § 2.3.11.3 The Construction Manager's certification for payment shall constitute a roY.:,~:,~.:a~:on to the Owner, based on the Construction Manager's determinations at the site as provided in Section 2.3.13 and on the data c.,..~~,.:sing the C.,ui.actors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the C.,.al~act Documents. The foregoing .;,r.:,sentations are subject to an evaluation of the Work for conformance with the C....rsact Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the C,,..t.4ct Documents correctable prior t0 completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall fiuther constitute a ;~.~,.:a:;..u.~:on that the Caaauactor is entitled to payment in the amount certified. § 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Construction Manager 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 for the Contractor's own Work, or procedures, (3) reviewed copies of requisitions received from Subc...a:. actors and material suppliers and other data requested by the Owner to substantiate the C~,.at<actor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the C.,~.:. act Sum. As between the Owner and the Construction Manager, notwithstanding this Section 2.3.11.4 and Section 2.3.11.3, the Construction Manager shall r. ,.....r:ly report to the Owner observed Work or materials not in accordance with the Corrtract Documents or of good quality and the Construction Manager shall take such observed deficiencies into account in certifying payment and other applicable sections of the agreement. The Construction Manager is held to a duty to the Owner of reasonable observation of the Work in the course of the performance by the Construction Manager of its duties under this A$...o...ent, including Section 2.3.13. § 2.3.12 The Construction Manager shall review the safety programs developed by each of the C.,..uactors for purposes of coordinating the safety programs with those of the other C.,..uactors. The Construction Manager's responsibilities for coordination of safety prop. ai..5 shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subc,...wactors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 2.3.13 The Construction Manager shall deternvne in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficiencies in the Work. As aYY,..Y.:ate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. The Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the C.,ui.act Documents. § 2.3.14 The Construction Manager shall schedule and coordinate the sequence of construction in accordance with the Contract Documents and the latest approved Project construction schedule. § 2.3.15 With respect to each Contractor's own Work, the Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and proe.a..~s in connection with the Work of each of the Contractors, since these are solely the Contractor's responsibility under the C.,..t.act for Construction. Subject to Sections 2.3.11.4 and 2.3.29, the Construction Manager shall not be responsible for a C.,u:.actor's failure to carry out the Work in accordance with 5 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. i ~~a3 AIA Document 801TMCMa -1992 the plans and specifications. The Construction Manager shall not have c~~,l~.,l over or chazge of acts or omissions of the Contractors, Subc,...l. «ctors, or their a~~..>a or employees, or any other persons perfornung portions of the Work not directly employed by the Construction Manager. § 2.3.16 The Construction Manager shall transmit to the Architect, requests for ~.~;,ar.atations of the meaning and interrt of the Drawings and Specifications, and assist in the resolution of questions that may arise. § 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating C.,..~«ctors' proposals, submit recommendations to the Architect and Owner, and, if they aze accepted, prepare Change Orders and Construction Change Directives which. incorporate the Architect's modifications to the Documents. § 2.3.18 The Construction Manager shall assist the Architect in the review, evaluation and documentation of Claims. § 2.3.19 The Construction Manager shall receive certificates of insurance from the Contractors and forwazd them to the Owner with a copy to the Architect. § 2.3.20 In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expediting the processing and a~,Y.„~al of Shop Drawings, Product Data, Samples and other submittals. The Construction Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Contractors. The Construction Manager shall coordinate submittals with in:~,....ation .,.,..t«ined in related documents and transmit to the Architect those which have been aYr..: red by the Construction Manager. The Construction Manager's actions shall be taken with such reasonable r. ,,...r r<.ess as to cause no delay in the Work or in the activities of the Owner or C.,..u«ctors. § 2.3.21 The Construction Manager shall record the progress of the Project. The Construction Manager shall submit written progress reports to the Owner and Architect including inf ....ation on each C.,..~.«ctor and each Contractor's Work, as well as the entire Project, showing percentages of completion. The Construction Manager shall keep a • daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 2.3.22 The Construction Manager shall maintain at the Project site for the Owner one record wpy of all C~..~.«cts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and mazked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and upon completion of the Project shall deliver them to the Owner. § 2.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner- purchased materials, systems and equipment that aze a part of the Project until such items aze incorp.,.«~;.d into the Project. § 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractors' final testing and start up of utilities, operational systems and equipment. § 2.3.25 When the Construction Manager considers each C~..~.«.,~.,~b Work or a designated portion thereof suL~tu.~~:ally complete, the Construction Manager shall, jointly with the Contractor, r.~Y«re for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 2.3.26 The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when • THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. i ~-a ~- AIA Document 801TMCMa -1992 Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 2.3.27 The Construction Manager shall secure and transmit to the Architect warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. T'he Construction Manager shall forward to the Architect a final Project Application for Payment upon compliance with the requirements of the C.,.,~.«ct Documents. § 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the C.,..t, «ct Documents shall not be , ~.~u;cted, modified or extended without written consent of the Owner, Construction Manager, Architect and C.,..~«ctors. Consent shall not be unreasonably withheld. § 2.3.29 Prompt written notice shall be given by the Construction Manager to the Owner and Architect if the Construction Manager becomes awaze of any fault or defect in the Project ornon-conformance of the work with the C.,..:.«ct Documents. ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 14, 'and they shall be paid for by the Owner as provided in this Agreement,. in addition to the compensation for Basic Services. The Optional Additional Services described under Section 3.3 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.2 are required due to circumstances beyond the Construction Manager's control, the Construction Manager shall notify the Owner prior to commencing such services. ff the Owner deems that such services described under Section 3.2 are not required, the Owner shall give prompt written notice to the Construction Manager.lf the Owner indi.,~.~;,~ in writing that all or part of such Contingent Additional Services are not required, the Construction Manager shall have no obligation to provide those services. § 3.2 CONTINGENT ADDITIONAL SERVICES § 3.2.1 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity or the Owner's schedule. § 3.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.2.3 Providing services made necessary by the termination or default of the Architect or a C....l.actor, by major defects or deficiencies in the Work of a C....t~ «ctor, or by failure of performance of either the Owner or C.,..~. «ctor under a Contract for Construction. § 3.2.4 Providing services in evaluating an extensive number of claims submitted by a Contractor or others in connection with the Work. § 3.2.5 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Construction Manager is party thereto. § 3.3 OPTIONAL ADDITIONAL SERVICES § 3.3.1 Providing services relative to future facilities, systems and equipment. § 3.3.2 Providing services to investigate existing conditions or facilities or to provide measured drawings thereof. § 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or installation of furniture, furnishings and related equipment. • THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. 1 ~ aS AIA Document 801TMCMa -1992 § 3.3.5 Providing services for tenant improvements. § 3.3.6 Providing any other services not otherwise included in this Agreement. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information regarding. requirements for the Project, including a 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. § 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and Architect, which shall include the Construction Cost, the Owner's other costs and reasonable c....::..gencies related to all of these costs. § 4.3 If requested by the Construction Manager, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. § 4.4 The Owner shall designate a . ~,Y. ~wentative authorized to act on the Owner's behalf with respect to the Project as expressly delegated in writing to the ..,r~~~entative by Owner's Council. The Owner, or such authorized r.,r.;,~entative, shall make good faith efforts to render decisions in a timely manner pertaining to documents submitted by the Construction Manager in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 4.5 The Owner shall retain an azchitect whose services, duties and responsibilities aze described in that certain Agreement between Owner and Architect effective D;,,,:,...ber 1, 2008. The Terms and Conditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written consent of the Construction Manager, which consent shall not be i....;,usonably withheld. The Construction Manager shall not be responsible for actions taken by the Architect. § 4.6 The Owner shall famish struchual, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the C.,..;~wct Documents. § 4.7 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractors' Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. § 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. § 4.9 The services, in:.,a.~.ation and reports required by Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. § 4.11 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award c.,.~~acts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will int:,.::,.;. with the Construction Manager's ability to r;,,f~..... the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 4.12 Information or services under the Owner's control shall be furnished by the Owner with reasonable pr....~r;~.ess to avoid delay in the orderly progress of the Construction Manager's services and the progress of the work. s THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. I I -~(v AIA Document 801TMCMa -1992 ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Except as provided in Section 5.1.3, Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. § 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, costs of the land, rights-of--way, financing or other costs which are the responsibility of the Owner as provided in Article 4. If any portion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Construction Manager or Construction Manager's consultants. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Construction Manager a.:~..:.sent the Construction Manager's best judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over C..r.l.actors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or .:.r..,~ent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation ~,.:,Ykred by the Construction Manager. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the fiunishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Construction Manager shall be permitted to include contingencies for design, bidding and price escalation, and shall consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclusion of alternate bids in the Construction Documents to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of any increase in the Contract Sums occurring after execution of the Contracts for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not c.,Yr....enced within 90 days after submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Section 9.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Construction Manager, without additional charge, shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. • THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. ~~~ AIA Document 801TMCMa -1992 ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES § 6.1 Construction support activities, if provided by the Construction Manager, shall be governed by separate contractual ai5.~;,...ents unless otherwise provided in Article 14. § 6.2 Reimbursable expenses listed in Article 14 for construction support activities may be subject to trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 7.1 The Drawings, Specifications and other documents prepazed by the Architect are instruments of the Architect's service through which the Work to be executed by the C....~~ctors is described. The Construction Manager may retain one record set. The Construction Manager shall not own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Construction Manager's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, aze for use solely with respect to this Project. They aze not to be used by the Construction Manager on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Architect. The Construction Manager is granted a limited license to use and .~Y. „duce applicable portions of the Drawings, Specifications and other documents prepazed by the Architect appropriate to and for use in the performance of the Construction Manager's services under this Agreement. All copies made under this license shall beaz the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepazed by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT § 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail sub~~.l~ally to p:;..,.... in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Construction Manager's services. § 9.3 This A~.:,;,...ent may be terminated by the Owner upon not less than seven days' written notice to the Construction Manager in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Construction Manager may terminate this Agreement by giving written notice. § 9.4 Owner shall comply with the Minnesota Municipal F. ,.u.r ~ Payment Act; Minn. Stat. § 471.425, and Construction Manager's remedies as to timely payments shall be governed by the Act. § 9.5 If the Owner fails to make payment when due the Construction Manager for services and expenses, the Construction Manager may, upon seven days' written notice to the Owner, suspend performance of services. under this Agreement. Unless payment in full is received by the Construction Manager within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. 10 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. 1 I-ag AIA Document 801TMCMa -1992 § 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager 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 those costs directly attributable to termination for which the Construction Manager is not otherwise compensated. ARTICLE 10 MISCELLANEOUS PROVISIONS. § 10.1 Unless otherwise provided, 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 the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this A~.:.;,...ent. § 10.4 Waivers of Subrogation. The Owner and Construction Manager waive all rights against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the C.,..:~«ct for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. The Owner and Construction Manager each shall require similar waivers from their C.,..;.uctors, Architect, consultants, agents, and p:..~~..s or entities awarded s:.Y«.~.:e c.,~.~.acts administered under the Owner's own forces. § 10.5 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal r:,Y.~,~~,.~.~:ves of such other party with respect to all covenants of this Agreement. Neither Owner nor Construction Manager shall assign this A~.;,;,...ent without the written consent of the other. § 10.6 This Agreement represents the entire and integrated a~,..:;,...ent between the Owner and Construction Manager and supersedes all prior negotiations, .;,Y.~~entations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 10.7 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 Construction Manager. § 10.8 Unless otherwise provided in this Agreement, the Construction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any ~.,.... at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 11 INSURANCE § 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE § 11.1.1 The Construction Manager shall purchase from and maintain for any applicable claim period arising out of the work, in a company or companies lawfully- authorized to do business in the jurisdiction in which the Project is located, such insurance as will protect the Construction Manager from claims set forth below which may arise out of or result from the Construction Manager's operations under this Agreement and for which the Construction Manager may be legally liable. .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the operations to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Construction Manager's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Construction Manager's employees; 11 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHLCONSTRUCTION COMPANY FOR THIS PROJECT. 1 ~"ag AIA Document 801TMCMa -1992 .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Construction Manager, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in Article 14 or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without i..2.;.. aption from date of c.,...~..encement of operations under this Agreement until date of final payment and ternunation of any coverage required to be maintained after final payment. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER § 12.1 DIRECT PERSONNEL EXPENSE § 12.1.1 Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. § 12.2 REIMBURSABLE EXPENSES § 12.2.1 Reimbursable Expense are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. § 12.2.1.1 Expense of transportation in connection with the Project, expenses in connection with authorized out-of- • town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. § 12.2.1.2 Expense of reproductions, postage, :;..,,.:.~s deliveries, electronic facsimile transmissions and handling of Drawings, Specifications and other documents. § 12.2.1.3 If authorized in advance by the Owner, ;,..Y:,..se of overtime work requiring higher than regular rates. § 12.2.1.4 Expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Construction Manager. § 12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 12.3.1 An initial payment as set forth in Section 13.1 is the minimum payment under this Agreement. § 12.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth iri Section 13.2.1. § 12.3.3 If and to the extent that the time initially established in Section 13.5.1 of this Agreement is exceeded or extended through no fault of the Construction Manager, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 13.3.1. § 12.4 PAYMENTS ON ACCOUNT OF BASIC AND ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES § 12.4.1 Payments on account of the Construction Manager's Basic and Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Construction Manager's itemized statement of services rendered in accordance with the schedule of rates in Ezhibit A or expenses incurred. '. 12 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. I~-3~ AIA Document SOITMCMa -1992 § 12.5 PAYMENTS WITHHELD § 12.5.1 No deductions shall be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in Work. Owner retains its rights, however, to withhold payment over which a good faith dispute exists. § 12.6 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS § 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized r~Y.:,~entative at mutually convenient times. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Construction Manager as follows: § 13.1 AN INITIAL PAYMENT of Zero Percent (0%) or ($0.00) shall be made upon execution of this Agreement and credited to the owner's account at final payment. § 13.2 BASIC COMPENSATION § 13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 14 as part of Basic Services, Basic Compensation shall be computed and limited as follows: For Pre-Construction Phase Services: In accordance with Section 12.4.1. above, Pre-construction compensation not to exceed: Thirty-Six Thousand Dollars ($36,000.00) For Construction Phase Services: In accordance with Section 12.4.1, above, Construction compensation not to exceed: Two Hundred Eighty Thousand Dollars ($280,000.00) § 13.3 COMPENSATION FOR ADDITIONAL SERVICES § 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article 14 as Additional Services, compensation shall be computed as follows: In accordance with Section 12.4.1. above, after pre-arY. „ /al of such Additional Services by Owner, in writing. § 13.4 REIMBURSABLE EXPENSES § 13.4.1 FOR RE]MBURSABLE EXPENSES, as described in Section 12.2, and any other items included in Article 14 as Reimbursable Expenses, the actual expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project, for the cost of on-site reimbursables necessary to establish and maintain our jobsite office including field superintendent with pick-up truck, office trailer, office equipment and supplies, temporary utilities, t:,...YOrary sanitation, telephone and fax, not to exceed Fifteen Thousand Dollars ($15,000.00) a month, and the total Expenses not to exceed Two Hundred Fifty-Five Thousand Dollars ($255,000.00) for the anticipated seventeen f 171 month proiect period. If the time of the Proiect exceeds seventeen months and Expenses exceed 5255.000.00 Construction Manager must demonstrate and Owner shall d;;r;,.,..ine whether additional expenses are warranted and reasonable. § 13.5 ADDITIONAL PROVISIONS § 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed withintwenty-eight (28) months of the date hereof, through no fault of the Construction Manager, v1.;.r,..sion of the Construction Manager's services beyond that time shall be compensated as provided in Sections 12.3.3 and 13.3.1. § 13.5.2 Payments are due and payable pursuant to the Municipal Prompt Payment Act. § 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with nonnal salary review practices of the Construction Manager. 13 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. I I-3 AIA Document 801TMCMa -1992 ARTICLE 14 OTHER CONDITIONS OR SERVICES. The Construction Manager team shall consist of the persons named in Attachment A, made a part of this Agreement. Any proposed change in the Construction Manager team must be approved by Owner's Council. § 14.1 LIMITS ON INSURANCE The insurance required by Article 11 shall be written for not less than the following limits, or greater if required by law, and shall name Owner as an additional insured. Type of insurance Limit of liability See Attached Certificate, Exhibit B. This Agreement entered into as of the day and year first written above. OWNER: CONSTRUCTION MANAGER: CITY OF RICHFIELD STAHL CONSTRUCTION COMPANY -:. C I,t . ~ i NV~~ (Signature) (Signature) ii v ~'" J C.NYi1i C~. ~~~~ C~ (1vi~ (Printed name and title) (Printed nam~and title) 14 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. C ~-32 AIA Document 801TMCMa -1992 ATTACHMENT "A" STAR L STAHI CO~JSTR.IJCTIC~~I CUr.""tPa.r!'^` liar: '(.'. ~.~..:i1r'~'it'Hr. i. iJ. Il?~~(;'i'i':~•:•'.. '.Ne nt 5tynl '^ ~. .~,i e„ ct: _, the ,- .. 'RC:nE -:Ju O' .__p __ ~'1.": ... ..." 1G-.~ . ~r "„ :Jr G.c.,.r .1CCGtC". ifirQu~_ t ^~8C1 ':O ^'t:~.: C C1~bSE> tea rr ^'.n rOtf. _,. ,.,.U ..tr:. ,.. tr •.~€.; t^H ~79fISiri !':-rf Qk. ~.^C} il'VC61S f: i,r O'. Ct CIS 1aCn p~ttG.rrn4nCE, hetps. it. r: ;::: n?;: rr cecessorv .^:~"6•':r ~: •+.: .,^L'. _if ,,^.tP;,, Orrrv .:C; f: t- ,ry.,;l~. gUt7W t_ ITV '.O' .. ;JCCE, 5 _ i• ~V: DrOpp:CG lren ~:cs a Ca7mgirre r; i.r r,~t^: r. .r+v:re ~..: it" Si;.:^I G' 1 yNr;:; ue:.cuse wE: tIFiIQ4Q 56 51!fr.^.~ `i'ii,, ,1: :7 ,_GT,7U ry-. unG t.':•B le:.. •r' COGCt,~~t :.. i.: ter,- '. ,1 r.@t^^vd. '~~: :- '.Hre J'~ CiS:lv~ .., ~.TC 1000. O5 .. tE .. `OS i' r i „ ;:q nSip@r ;~ Dlsayt U ?@51QR?H ~'! tO t'i6 :ri ~j O~i'~,: .,° jtp"I Fa![JIJyr,: F: F. '. ~ ..' 4p1%C' , e OeSir;; tC% ,:irk r,yet"er .._ ., _~G_ ;r?>1~-t eo- F, ,,1 FEI„ r, Dale: 7can~r,tio• .;.ert,'+t,ar!uq" i+-t;", A I ~--~~ ne Sip I, CEO ~.; Cathy Sth~midt, President i ~j i _ Scait Erversors, 4ite President Pte~cons r wn ---_~... Paul Per:ichilti. Vice Presldem ;- Gale Sonnithsen. Prajert Mnnnger 1` Gary Maci ny, fi~uparmten r she V R DiF` . ~. y ~'~~.J N9l 3 }4y+,0 ~~ 15 THIS AIA DOCUMENT HAS BEEN MODIFIED BY THE CITY OF RICHFIELD AND STAHL CONSTRUCTION COMPANY FOR THIS PROJECT. rc-33 [onstruction Managemen# Services . City of Richfield [hourly rate schedule] AIA Document BOl tMo - 1992 EXHIBIT "A" • • Proiect Manager $85 /hour Estimator $80 /hour Field Superintendent $85 /hour Scheduler $80 /hour Accounting I Proiec# Administrator $65 (hour General Office $45 /hour S ~AHL sTAHI CG~STRJCTlON COMPANY I 1-3~ ' " - - the PEOPLE. the PROJECTS. the PROMISE. STAHL CONSTRUCTION COMPANY AIA Document 801 CMa -1992 EXHIBIT "B" Attached are the Certificates of Insurance for the City of Richfield, dated 2/2/09. This Exhibit consists of 6 pages including this cover. • 3~~°",~~e P RO ~~4~~ \``` ~ b ~~ `~~'' _~; a: WWVJ.Sta~i~CO(15}t"I;CIIOi~.COiT' = G .. ~ SiS;,~r'c;yzata Blvc. ~ ST. !ouis Park,M~a 554ib s '?~2-^3-430 ~ 5ax~52-93~-994 =~d•'••.• ;'~ , 9~ •, i~.r; ~:rfrm~atF~e as#ior, equal oa~or?u~i;y e;r.c'soye. ~ ,~•• .....:~ ~dy ... 3s~ o,,,,~,, f,;lient#: 1588 ~ ~ -3~ STAHCONI AC~RD~. CERTIFICATE OF LIABILITY INSURANCE 02/02-09Dmrn PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN-COMMERCIAL LINES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBB STRECKER DUNPHY ~ ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~0 S FIFTH ST STE 2800 INNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: CINCINNATI INSURANCE COMPANY STAHL CONSTRUCTION COMPANY INSURER B: SFM MUTUAL INSURANCE CO 5755 WAYZATA BLVD wsuRER c ST LOUIS PARK, MN 55416 INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INliti 4UU'yy POLICY EFFECTIVE LTR NSRf:' TYPE OF INSURANCE POLICY NUMBER DATE (MM.~. _,~ , POLICY EXPIRATION DATE IIIAMIDDM'I LIMITS A GENERAL Lu-BILnY CPP3666873 07/01/08 07!01/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES IE ocnia nce~ $500,00 CLAIMS MADE ~ OCCUR INCLUDES: MED EXP (My one person) 510,00 X XCU OPERATIONS OF PERSONAL&ADVINJURY $1,000,000 X BROAD FORM PD SUBS-CONTINGENT GENERALAGGREGATE $2,000.000 GEN'LAGGRE G AT E LIMRAP PL IE SPER: CONTRACTUAL LIAB PRODUCTS-COMP/OPAGG $2,000,000 I II ~~ I I ~ I POLICY I x l JECaT I I LOC A AUTOMOBILE uABaIrY CAP5870105 07!01108 07/01/09 8o~M3INEBSMI6EENM.:' X ANY AUTO (Ea accident) $7 000 s ,000 ALL OWNED AUTOS BODILY INJURY $ _ SCHEDULED AUTOS (Per ~~) X HIRED AUTOS BODILY INJURY $ X NON-0WNEDAUTOS (Peracddent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ A EXCESSNMBRELLA LIABILITY CPP3666873. 07/01/08 07/01/09 EACH OCCURRENCE $10.000,000 OCCUR ~ CLAIMS MADE AGGREGATE $1 O,000.OOO DEDUCTIBLE $ X RETENTION $ O $ B WORKERS COMPENSATION AND 020174205 07/01/08 WC STATU- OTH- 07/01/09 X TC)RY I IMITS FR EMPLOYERS' LUU3ILITY EL EACH ACCIDENT $1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE , , OFFICERlMEMBEREXCLUDED? EL.DISEASE-EAEMPLOYEE $1,000,000 SPECI e PROVISIONSbelow EL DISEASE-POLICY LIMIT . $1,000,000 OTHER DES,.n,r ,SON OF OPERATIONS /LOCATIONS! VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECULL PROVISIONS CONSTRUCTION MANAGEMENT SERVICES FOR A NEW CITY HALL, POLICE, FIRE, & LICENSING BUILDING, RICHFIELD,. MN (See Attached Descriptions) CERTIFICATE HOLDER CITY OF RICHFIELD 6700 PORTLAND AVE S RICHFIELD, MN 55423 ACORD 25 (2001/08)1 of 3 #5321593/M303649 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE n,cincvr, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~' p_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (~ ,_..,,.u,, I1-~~- CMK o ACORD CORPORATION 7988 1(-3~ • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER • • The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25.5 (2oo1f08) 2 of 3 #S321593/M303649 ~ c -3'1 DESCRIPTIONS (Continued from Page 1) ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY: ~ITY OF RICHFIELD OLD ARCHITECTS AND ENGINEERING • • AMS 25.3 (2001/08) 3 of 3 #S321593/M303649 Client: 1588 C /-3 ~ STAHCONI ~` ACl)RDTM CERTIFICATE OF LIABILITY INSURANCE otioi/o9°`~' PRODUCER MN-COMMERCIAL LINES COBB STRECKER DUNPHY 8: ZIMMERMANN ~0 S FIFTH ST STE 2800 NNEAPOLIS, MN 55402 INSURED STAHL CONSTRUCTION COMPANY 5755 WAYZATA BLVD ST LOUIS PARK, MN 55416 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, cwt a=ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERlA COLUMBIA CASUALTY COMPANY 31127 I INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN.~"K 4DU't POLL.. crrECi1VE POLICY EXPIRATION LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE fMMIDDIWf DATE IMM/DD/YYf LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ~ OCCUR GEN'L AGGRE(G-A-TAE LIMB APPL^IES PER: POLICY ( (IEraT I I LOC AUTOMDBILE LIABIL ITV ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNEDAUTOS GARAGE LIABILITY ANY AUTO EXCESSNMBRELLA LIABILITY OCCUR ~ CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/DCECUTIVE OFFICER/MEMBER IXCLUDEDT ff yes, descxibe under SP~14J PROVIS~nNS t+plo~M A orHEli CONTRACTORS CZ6114006659 08/01/08 07/01/09 DESIGN PROF LIAB INCLUDES: (CLAIMS MADE) POLLUTION DESCRIPTION OF OPERATIONS / LOCATK)NS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECUU. PROVISIONS CONSTRUCTION MANAGEMENT SERVICES FOR A NEW CITY HALL, POLICE, FIRE, 8 LICENSING BUILDING, RIGHFIELD, MN CERTIFICATE HOLDER CITY OF RICHFIELD 6700 PORTLAND AVE S RICHFIELD, MN 55423 ACORD 25 (2001/08)1 of 2 #S321596/M321068 EACH OCCURRENCE $ P EM 3E i E ~ $ mRnrt+l R f I l a oa MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ ,4o,,:co ouva~cttMi~ $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per axident) PROPERTY DAMAGE $ (Per accident) I AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA ACC I $ AUTO ONLY: AGG I $ EACH OCCURRENCE I$ AGGREGATE I$ I$ I$ J~J$ I WC STATU- I ID"'' I T(7RY 1 Iju11T5 FR EL EACH ACCIDENT I $ E.L DISEASE - EA EMPLOYEEI $ EL DISEASE -POLICY LIMIT I $ $2,000,000 PER CLAIM $2,000,000 ANNUAL AGGR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~_ DAYS wRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATIVE r CMK G ACORD CORPORATION 1981s ~ ~_3g . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certficate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • ACORD 25-S (2001/08) 2 of 2 #S3215961M321068 • • e1F-re1C~tY Nall Fade action poUc .Manage Fee Construction atria pCe_Construction 53,209 Fee Pro'Posa~ M Costs 175,689 34gt500 . Reimbursable 95,000 3g~~ 22,97' Com an 5 _ 2a0,04C eterson , 37~,0Q0 36r00~ Adoifson~ Cham ion 303,$72 ~undlac Anderson 255,4x0 Kraus' Stah- ,To--taj st 75 8 71 500 6 571 AGENDA SECTION: dYn.Git BIISINESS AGENDA ITEM # 12 REPORT # 44 J REPORT PREPARED BY: STAr~r~ REPORT CITY COUNCIL MEETING FEBRUARY 10, 2009 CHRIS LINK, STREET MAINTENANCE SUPERVISOR NauE, Tirc,E DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Shadywood Tree Experts in the amount of $62,901 for removal of diseased trees from the boulevard. I. RECOMMENDED ACTION: By Motion: Award a contract to Shadywood Tree Experts for $62,901.24 for diseased tree removal from the boulevard. IL BACKGROUND Active Forestry Program The City of Richfield has a very active forestry program. Forestry activity includes trimming and .planting of boulevard and park trees, identification and removal of diseased trees, stump removal, and response to resident concerns regarding problems with privately owned trees. The City also offers tree removal and assessment financing services to private property owners. • High. incidence of Dutch Elm Disease City crews have removed 340 trees having Dutch Elm Disease (DED) from January 2008 to date, with 150 remaining to be removed. This exceeds the removals completed (272) in 2007. Attached is a chart showing the number of DED's removed in the past and how the number has increased. -Five thousand sixty-six DED boulevard trees have been removed since 1979 and 4213 DED Private trees have been removed. There is less than 750 boulevard elm trees remaining and likely a similar number of private elms. 24 ~, 0210tree removal Due to the severity of DED the past three years, crews have been removing diseased trees year round. City policy states that a tree being infected with DED must be removed within 20 days.. With the high number of elms infected, it has been impossible to remove the trees in 20 days. City crews have used winter months (when the disease is inactive) to catch-up with removals. The high volume of removal work leaves little time for tree trimming. The long term effect of neglecting tree trimming is that the trees: • will not be as healthy, • will not be as shapely and aesthetically pleasing, • and will. be more vulnerable to damage in a windstorm. Back log of tree removals Because of the cold temperatures and the amount of snowfall in November and December of 2008 and January 2009, it is unlikely that the remaining 150 trees can be removed by City crews by April 15th, when DED becomes active. Also, staff has received 250 requests for new trees to be planted this spring. If removals extend later into the spring, crews will not have sufficient time to remove the remaining 150 trees and stumps and plant. new trees. Contractor can remove trees before spring Staff believes if a contractor. is hired to remove a portion of the remaining 150 DED trees, this will allow City crews to "catch-up" on the removal process, have sufficient time for tree planting and resume the City's tree trimming and maintenance program. • Four quotations were received for tree removal. The four quotations received provide for four alternatives. (See attached tabulation sheet), They are as follows: • Alternative A is the price for 100 removals and hauling to a City site. • Alternative B is the price for 100 removals and hauling to a different site. • Alternative C is the price for 50 removals and hauling to a City site • Alternative D is the Price for 50 removals and hauling to a different site. City forestry staff believes that the attractive bids reflect. the availability of tree crews in the winter. The minimal $2,859.14 difference between the use of the City site and the contractor removal is well worth the price. City costs to dispose of the trees would likely exceed $2,859.14. Staff recommends selecting the low bidder Shadywood Tree Experts, Alternate B, at a cost of $62,901.24: Use of Franchise Fee funds There is sufficient franchise Fee cash balance available to cover the costs. The current cash balance within the Utility Franchise Fee Fund is approximately $72,000. This balance is an accumulation of unspent franchise revenues and interest earnings since the inception of franchise fees in 2004. Accordingly, this cash balance is sufficient to fund the estimated tree removal costs under discussion. However, this would be a one time only use of franchise fee revenues as it would take several years to build up a similar balance without raising the current fee level. III. -BASIS OF RECOMMENDATION • A. POLICY • The City Council may want to consider revising the Forestry ordinance in light of the recent high incidence of DED, its impact on trimming and the current needs for budget reductions." • Since the estimated cost of the work was less than $100,000.00, the formal bidding process was not required and the City can contract by obtaining quotations. • Four Quotations were obtained with Shadywood Tree Experts submitting the lowest quotation for all alternatives. B. CRITICAL ISSUES • Approval at the February 10, 2009 Council meeting will assure. sufficient time to process the necessary paperwork before the first trees are marked for removal • Hiring a contractor for tree removal will ensure residents receive,their requested new boulevard trees. • Hiring a contractor for tree removal allow crews to resume the tree trimming and maintenance program.. C. FINANCIAL I, • Franchise Fees will be used to fund this project. There is sufficient Franchise Fee cash balance available to cover the costs. • The. City Council identified $730,000 Franchise Fee revenue for the following targets for expenditures for 2008 and 2009. Street Maintenance $ 710,000 Forestry 20,000 Council Approved Annual Franchise Fee $ 730,000 • This tree removal contract work will be added to this year's Franchise Fee work as part of the Revised 2009 Budget. • ~ D. LEGAL • When the purchase of materials., merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • Diseased trees need to be removed to keep the disease from spreading to healthy trees. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to reject all quotations and direct staff to obtain more quotations, however, staff does not believe we can: obtain a better price from a reputable contractor. • Council may choose Alternative A, allowing the contractors to use our storage site, but savings are minimal. City staff would incur more than the • Council may choose Alternative C or D, but staff feels the price for the 100 tree removal is a good price and the removal of 50 additional trees will increase the time City crews have to trim trees and plant new boulevard trees. V. ATTACHMENTS • Quotation tabulation • Chart showing Dutch Elm Disease Cases • (VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • • City of Richfield Boulevard Quotation. Tabulation Alternative A Alternative B - Alternative C - Alternative D Price for 100 Price for 100 Price for 50 Price for 50 removals/ hauling to removals/ hauling to removals/ hauling to removals/ hauling Contractor City site other site City site to other site Shadywood Tree Experts $60,042.10 $62,901.24 $32,128.80 $33,658.96 -_, Vets Tree Service $71,516.10 $86,214.85 $35,800.81 $43,283.81 t A-1 SARFF $73,834.76 $81,218.24 $39,650.55 $4.3,615.61 North StarTree Care $94,339.25 $98,615.25 $56,389.75 $58,527.75 All quotation amounts include 6.9% sales tax ~ gICHFIELD CITY OF DUTCf1 ELM DISEASE CASES 1984-2~OS 700 __~ ~:; ~ ~ cF, EV A~ C 5 S goo 500 ~ I U 400 - 4=+ O ~, 300 200 PRQP~R~y C VATS _ ®p~ 220 398. 274 199 _ __ 233 133 214 191 319 -~- 3 .158 107 215 187 400- , 108 ^ 66 _^ 220 210. 195 180 47 200' 175 129 - `272 200 175 x_215-- __ 8 ' 71 ~ 218 75 -- _.- - 72 6g- 175 155 ~ - 138 ^ 46 128 108 86 95 42 ~/ 82 61 77 200b 200? 200 210. ,135 135 125 79 54 ~ , 100 1 25 ~ qg 1999 2000 2001 2002 2003 2004 2005 100 ~ lgg7 19 90 95 ~ 1994 1995 199b 1986 1987 1988 1989 1990 1991 }992 1993 ~ 1980 1981 1982 1983 ]484 1985 1979 AGENDA.SECTION: OTHER BUSINESS AGENDA ITEM # 13 REPORT # 4S • J REPORT PREPARED BY: REVIEWED BY CITY MANAGER: CHERYL KRUMHOLZ, EXEC. COORDINATOR. ITEM FOR COUNCIL CONSIDERATION: • Consideration of appointments. to City advisory commissions. I. RECOMMENDED ACTION: By motion:. Appoint persons to fill the expired or vacant terms on the City advisory commissions. II. BACKGROUND The City Council conducted their annual recruitment for advisory commission members near the end of 2008 to fill expiring or vacant terms. Special City Council meetings were held on January 10 and 27, 2009 to interview applicants. Several appointments were made at the January 27, 2009 City Council meeting. There are three-year term and some mid-term vacancies remaining on the Arts Commission, Community Services Commission, Friendship City Commission, Human Rights Commission, Planning Commission and Transportation Commission. Additional applicants were interviewed at a Special City Council Meeting on February 10, 2009. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually. The Council directs the City Manager's office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings, which. are posted in accordance with the open meeting law .requirements. STAr~r~ REPORT CITY COUNCIL MEETING FEBRUARY 10, 2UU9 0210commission B. _ CRITICAL ISSUES ~ • Applicants were interviewed at a Special City Council meeting on February 10, 2009. • There are three-year and mid-term vacancies on several commissions. • In order to ensure quorums for future meetings, appointments should be made on February 10, 2009. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer appointments to a future City Council meeting. V. ATTACHMENTS ~ J • Commission vacancy list . VI. PRINCIPAL PARTIES EXPECTED AT MEETING l • None. • • `L:Vo ION V ACANCIES CQMMISS ancY;1 mid-term vacancy MIgS1ON -1 full-term vac ARTS COM amid-term) vacancy , OMMISSION -1 mid-term MUNITY SERVICES. C vacancy QOM cies;l mid term tmid term) vacan OMMISSION -4 full-term FFt1EN©gHlp CIT`( C Ex fires Term 31 ~ 2012 January 31 2010 January ' January 31' 201.1 31, 2012 January 31 2012 January 31 2012 January 31' 2012 January 31 2010 January ' --~- 2012 2 mid"term vacancies January 3~' 2012 term) cies, January 31' 2012 tmid 3 full-term vacan 31 2011 GHTS COMMISSION - January 31 2010 --,'- January HUMAN R~ ~ mid term) ~ ON ~ full-term vacancy NN1NG COmN-ISS- .,.~- p1-p' vacancy GOMM-Sg1ON -1 full-term. TRP-NSpORTATION January 31 ° 2012 January 31' 2012 C1'