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04-14-09 Agenda PacketCITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 14, 2009 SPECIAL CONCURRENT CITY COUNCIL AND RICHFIELD SCHOOL BOARD WORKSESSION CITY COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 1. Discussion regarding City and School District activities/initiatives 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 to Three minutes to allow sufFcient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of March 23, 2009 and (2) Regular City Council Meeting of March 24, 2009 PRESENTATIONS 1. Presentation by United States Fifth Congressional District Representative Keith Ellison 2. Presentation by Hennepin County Sheriff Richard W. Stanek 3. Annual meeting with Charter Commission 4. Presentation of proclamation designating Earth Day in Richfield COUNCIL DISCUSSION 5. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 6. Council approval of agenda CONSENT CALENDAR - 7. 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 purchase of Maenke Brothers Outdoor, Inc. services for landscaping maintenance of 77th Street and LHN maintenance districts and 35W and 66th Street bridge area for total cost of $41,987.24 S.R. No. 79 B. Consideration of approval of agreement with Harris Mechanical Service, Inc. to conduct technical study for Richfield Ice Arena S.R No. 80 C. Consideration of approval of contract with Busch Architects for schematic design, design development and construction documents for renovation of Lincoln Athletic Complex in amount not to exceed $71,500 S.R. No. 81 D. Consideration of approval of transfer of funds in amount of $54,179 from Airport Noise Acquisition Program Fund. for costs related to relocation; acquisition and demolition of property located at 6645-.17th Avenue S.R. No. 82 E. Consideration of approval of purchase of two Ford F350 trucks with dump box and sander consisting of: • Two Ford F350 cab and chassis from Elk River Ford for $44,806.77; • Magnum Aluminum Contractor Body from Midland Equipment Co. for $21,425; • Two V-box salt spreaders and one Blizzard plow from Stonebrooke Equipment, Inc. for $18,413.85; and • One Western snow plow from Aspen Equipment for $5,242.21 for use by Park Maintenance Division in total amount of $89,887.83 S.R. No. 83 F. Consideration. of approval of change order to Gundlach Champion for credit (deduct) of $5,251 for new Maintenance Facility S.R. No. 84 Notes: 8. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 9. Public hearing regarding second reading of transitory ordinance providing funding for certain capital improvements from Special Revenue Fund Staff Report No. 85. Notes: PROPOSED ORDINANCE 10.Consideration of first reading of diseased tree removal ordinance amending Richfield City Code Section 910, Subsection 910.15 and scheduling second reading for April 28, 2009 Staff Report No. 86 Notes: 11. Consideration of first reading of ordinance repealing Richfield Ordinance No. 2008-19 regarding current Penn Avenue Corridor moratorium and scheduling second reading for. April 28, 2009 and resolution authorizing staff to begin accepting development: applications for properties within Penn Avenue Corridor moratorium area between Highway 62 and 68th Street Staff Report No. 87 Notes: OTHER BUSINESS 12. Consideration of proposed schematic design concept for new Police/Fire/City Hall facility Staff, Report No. 88 Notes: CITY MANAGER'S REPORT 13. City Manager's report Notes: 14. Claims and payrolls -Open forum (additional 15 minutes if more time. needed. after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting,. Notes: 15. Adjournment SPECIAL CITY COUNCIL WORKSESSON CITY COUNCIL CHAMBERS 6700 PORTLAND AVENUE IMMEDIATELY FOLLOWING REGULAR CITY COUNCIL MEETING AGENDA Calf to order - Roll call 2. Discussion regarding Velmeir Companies/CVS proposal for 6528 Penn Avenue (Council Memo No. 57) - a Notes: 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. J Special City Council Meeting Property Excellence Task Force Applicant Interview March 23, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:15 p.m. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted interviews of the following applicants for appointment to the Property Excellence Task Force: Jay Hermann Bill Bullock ADJOURNMENT The meeting was adjourned by unanimous consent at 6:36 p.m. Date Approved: Cheryl Krumholz Recording Secretary CITY COUNCIL MEETING MINUTES Richfield, Minnesota Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 24, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Karen Barton, Assistant Community Development Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording. Secretary. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Fitzhenry to approve the minutes of (1) Special City Council Worksession of March 10, 2009; (2) Regular City Council Meeting of March 10, 2009 and (3) Special City Council Meeting of March 14, 2009. Council Meeting Miriutes -2- March 24, 2009 Motion carried 5-0. Item #1 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Sandahl announced the Woodbury Chorus and Orchestra concert at St. Richard's Church with a free will offering to benefit VEAP food shelves. Item #2 COUNCIL APPROVAL OF AGENDA Mayor Goettel added Agenda Item #10A -Consideration of approval of funds to reimburse the City of Bloomington for acquiring land from Forklifts Minnesota for the Lyndale Avenue Bridge. M/Wroge, S/Elliott to approve the agenda as amended. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of first reading of transitory ordinance authorizing planning, design and construction of renovation of Lincoln Athletic Complex and scheduling public hearing and second reading for April 28, 2009 S.R. No. 68 B. Item was removed from the agenda for consideration at a future City Council meeting. C. Consideration of approval of purchase of two unmarked Public Safety vehicles from Car/Truck City in amount of $41,886, plus tax and license S.R. No. 70 D. Consideration of approval of purchase of Ford Explorer SUV from Elk River Ford for Police Reserves/Public Safety in amount of $23,552.40, plus tax and license S.R. No. 71 Item #3B was removed from the agenda for consideration at a future City Council meeting. M/Goettel, S/Wroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Council Meeting Minutes -3- March 24, 2009 Item #5 PUBLIC HEARING AUTHORIZING ISSUANCE OF NEW ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH OPTIONAL 2 A.M. CLOSING, FOR TEJABAN MEXICA GRILL LLC DBA EL TEJABAN MEX GRILL, 2 WEST 66TH STREET S.R. NO. 72 Council Member Sandahl presented Staff Report No. 72. M/Sandahl, S/Elliott to close public hearing Motion carried 5-0. M/Fitzhenry, S/Elliott to authorize issuance of new on-sale intoxicating and Sunday liquor license_s~ with optional 2 a.m. closing, for Teiaban Mexica Grill LLC DBA EI Teiaban Mex Grill, 2 West 66th Street. Motion carried 5-0. Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING RICHFIELD CITY CODE SUBSECTIONS 537.07 AND 537.09 RELATED TO BULK, DIMENSIONAL AND PARKING STANDARDS IN MIXED USE ZONING DISTRICTS S.R. NO. 73 Council Member Wroge presented Staff Report No. 73. Council Member Sandahl questioned the proposed housing density per acre. Community Development Director Stark explained the variations between existing and required single family density depending upon lot size. M/Sandahl, S/Elliott that this constitutes the second reading of Bill No. 2009-6 amending Richfield City Code Subsections 537.07 and 537.09 related to bulk, dimensional and parking standards in Mixed Use zoning districts, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #7 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING RICHFIELD CITY CODE SUBSECTIONS 512.01, 541.17 AND APPENDIX 1 ESTABLISHING REGULATIONS FOR NEW PENN AVENUE CORRIDOR OVERLAY DISTRICT AND REZONING CERTAIN PROPERTIES ALONG PENN AVENUE BETWEEN HIGHWAY 62 AND 68TH STREETS AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE AMENDMENT S.R. NO. 74 Council Member Elliott presented Staff Report No. 74. Council Meeting Minutes -4- March 24, 2009 Community Development Director Stark stated the next City Council action is intended to be the rescinding of the Penn Avenue moratorium. Council Member Wroge questioned the 6700 block of Penn Avenue not being included in the overlay district. Community Development Director Stark explained the plan for the transition in commercial to housing properties. M/Elliott, S/Goettel that this constitutes the second reading of Bill No. 2009-7, amending Richfield City Code subsections 512.01, 541.17 and Appendix 1 establishing regulations for new Penn Avenue Corridor Overlay District and rezoning certain properties along Penn Avenue between Highway 62 and 68th Streets, that it be published in -the official newspaper and that it be made part of these minutes, and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10234 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2009-7 Motion carried 5-0. This resolution appears as Resolution No. 10234. -Item #8 CONSIDERATION OF RESOLUTION APPROVING 2009 MANAGEMENT AND GENERAL SERVICES SALARY COMPENSATION PLANS, EFFECTIVE MARCH 29, 2009 S.R. NO. 75 Council Member Fitzhenry presented Staff Report No. 75. M/Fitzhenry, S/Sandahl that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 10231 RESOLUTION RELATING TO THE 2009 GENERAL SERVICES This resolution appears as Resolution No. 10231. RESOLUTION NO. 10232 RESOLUTION RELATINGTO THE 2009 MANAGEMENT SALARY COMPENSATION PLAN This resolution appears as Resolution No. 10232. Motion carried 5-0. Council Meeting Minutes -5- March 24, 2009 Item #9 CONSIDERATION OF RESOLUTION APPROVING 2009 CITY MANAGER SALARY COMPENSATION, EFFECTIVE MARCH 29, 2009 S.R. NO. 76 Mayor Goettel presented Staff Report No. 76. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10233 RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L: DEVICH, CITY MANAGER Motion carried 5-0. This resolution appears as Resolution No. 10233. Item #10 CONSIDERATION OF APPOINTMENTS TO NEWLY-CREATED PROPERTY EXCELLENCE TASK FORCE S.R. NO. 77 Council Member Wroge presented Staff Report No. 77. M/Goettel, S/Elliott to approve the following appointments to the Property Excellence Task Force and other City advisory commissions: PROPERTY EXCELLENCE TASK FORCE Name Amy Blom Jay Herman Leslie Boi Pat Howard Penney Paul Mike Ulmer Brian Ringham Jeffrey Walz Name Bill Bullock Bill Kilian Bob Hall Renee Parduhn Debra Skinner Robert Williams Ken Stack Chair: Brian Ringham Vice Chair: Pat Howard School board liaison: David Lamberger COMMUNITY SERVICES COMMISSION Name Arlan Nelson Term Expires January 31, 2012 FRIENDSHIP CITY COMMISSION Name Term Expires Christine Kargel January 31, 2012 Motion carried 5-0. Council Meeting Minutes -6- March 24, 2009 Item #10A CONSIDERATION OF APPROVAL OF FUNDS TO REIMBURSE THE CITY OF BLOOMINGTON FOR ACQUIRING LAND .FROM FORKLIFTS MINNESOTA FOR THE LYNDALE AVENUE BRIDGE S.R. NO. 78 Mayor Goettel presented Staff Report No. 78. M/Goettel, S/Sandahl to approve the funds to reimburse the City of Bloomington for acquiring land from Forklifts Minnesota for the Lyndale Avenue Bridge. Motion carried 5-0. Item #11 CITY MANAGER'S REPORT City Manager Devich discussed the need for a Special City Council Worksession with WOLD Architects and Orfield Laboratories to review the proposed schematic design for the new Police/Fire/City Hall facility. 2009. The City Council tentatively scheduled a worksession the morning of Saturday, April 11, City Manager Devich announced the 100th episode of Out & About in Richfield is playing on Channel 16. Item #12 CLAIMS AND PAYROLL M/Sandahl, S/Wroge that the following claims and payrolls be approved: U.S. BANK 03-24-09 A/P Checks: 184435 - 184752 $ 1,030,294.80 PAYROLL 56521 - 56842, 41415. $ 491,629.58 TOTAL Motion carried 5-0. OPEN FORUM None. $ 1,521,924.38 The City Council meeting was adjourned by unanimous consent at 7:40 p.m. Council Meeting Minutes -7- March 24, 2009 Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager AGENDA SECTION: CONSENT AGENDA ITEM # 7A REPORT # 79 STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: 11i ~, MARK HALL, FLEET & PARK SUPERVISOR ITEM FOR COUNCIL CONSIDERATION: Consideration of authorizing staff to hire Maenke Brothers Outdoor, Inc. to provide landscape maintenance for 77th Street and LHN maintenance districts and the 35W & 66th Street Bridge area. I. RECOMMENDED ACTION: By Motion: Approve the purchase of Maenke Brothers Outdoor, Inc. services for the landscape maintenance of 77th Street and LHN Maintenance districts and the 35W & 66t" Street Bridge area for the total cost of $41,987.24. II. BACKGROUND On April 24, 2007, Council approved the purchase of Maenke Brothers Outdoor, Inc. services for the landscape maintenance of LHN, and 77th Street districts and the 35W & 66th Street Bridge area for the total cost of $39,577.00. The specifications for the contract had a renewal clause, which allowed the contract to be extended by mutual agreement between the City and the Contractor with a maximum 3% increase. Maenke Brothers Outdoor, Inc. submitted the lowest quote for the work. In 2008 the contract was extended by mutual agreement between the City and Maenke Brothers Outdoor, Inc. for $40,764.31, which includes a 3% increase. 0414091andscape maint. Staff would like to extend the contract again for 2009 for $41,987.24. This includes the 3% increase. Maenke Brothers Outdoor, Inc. has done excellent work for the City at a very reasonable price. (See the attached original quote sheet). III. BASIS OF .RECOMMENDATION A. POLICY • Contracts or purchases from $10,000 to $100,000 may be made obtaining two or more quotations for the purchase or sale • Maenke Brothers Outdoor, Inc. had the lowest quotation for all three of the landscaping maintenance districts. • All quotations must be kept on file for a period of one year after receipt thereof. B. CRITICAL ISSUES • Approval at the April 14, 2009 Council Meeting will expedite the landscaping maintenance of these districts. • Maenke Brothers Outdoor, Inc. has been an excellent contractor in the past. C. FINANCIAL • Funding for the LHN and 77th Street districts will be from assessments to adjacent businesses. • Funding for the 35W & 66"' St. Bridge maintenance will be from the street maintenance operating budget (1.0610-6315). D. LEGAL • When the cost of labor exceeds $25,000.00, authority to hire shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • Landscape maintenance is an important part of keeping the environment well groomed, healthy and clean. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may request additional quotes, but staff believes the price quotations from Maenke Brother's are reasonable and they have a good working relationship with the City. V. ATTACHMENTS • Original quote sheet. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 0414091andscape maint.l 7A-/ C C J L ., ~ O O I` O O H O ~ ~ ti N ~ 00 00 M Efl~ ff} ff? +.• d1 d: O O O O Cfl ~ ~ ti O I~ ~ '~ f` O d' M ff? _ ff-} 69 M O O Z ~ M rn _ J ~ ~ ~ ~ N O N ~ d O O O V) M ~ ~ s c~ o r- ~ ~ Cfl N N N U V ~ _ N Z~ O C ~ ~ ~ ~_ ~ ~ M (6 ~ if) .~ > z N > r- L V Q ~ 0 p ~ i ti ~ Q ~ O ~ - ~ ~ >Zd' C C ~_ ~ ~ N ~ ~ (tfln ~'~ ~ ~ O~ ~ L ~ '~t m O ~- ~ ~N ~U Sao ~ N~d' ~~- ~~ ~.~O Yo ~~ •L ~ ~ C ti ~ ~ ~ ~ O ~ ~ ~ OO ~ _C N ~ ~ ~ O ~ N Q UN~c~ F-MW~ ~~m~ AGENDA SECTION: CONSENT AGENDA ITEM # 7B REPORT # 80 STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, 77TLE DEPARTMENT DIRECTOR REVIEV REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration to authorize an agreement with Harris Mechanical Service, inc. to conduct a Technical Stud for the Richfield. Ice Arena. I. RECOMMENDED ACTION: By Motion: Authorize an agreement with Harris Mechanical Service, Inc. to conduct a Technical Stud for the Richfield Ice Arena. II. BACKGROUND The Recreation Services Staff has been working on an exciting new program that can lower energy costs of the ice arena and outdoor pool and use the cost savings to pay for future equipment replacement and upgrades. Brandon Klement, Facility Manager, has met with representatives of Harris Mechanical Service, Inc. over the past year to evaluate the current state of the Richfield Arena. They have concluded that much of the equipment is the original 38 year- old equipment and well beyond its life expectancy. Harris Mechanical Service, Inc. is proposing an engineering study to evaluate the replacement of aging equipment with energy efficient equipment. Harris completed a similar study last year for the City of St. Cloud and recently completed equipment upgrades to their Municipal Activity Center. Harris has also provided similar engineering services for the City of Eagan at their ice arena. ..0414 Harris Mechanical Services, Inc. Agreement..: The intent of the study is to provide the City with a proactive equipment replacement solution in a manner such that the energy and operational savings associated with equipment replacement must be greater than or equal to the debt service payment required to fund the project. Harris will work within the guidelines of Minnesota legislation to provide written performance and energy savings guarantees. If Harris cannot present a cash neutral solution upon completion of the study, the City has no financial obligations to Harris. An agreement is attached to authorize the study. Staff is still pursuing financing options in the event the City Council authorizes a project in the future as a result of the technical study. The City Council discussed the proposed technical study at the March 10, 2009 Worksession and indicated an agreement should be put forward. III. BASIS OF RECOMMENDATION 1~. hOLICY • The attached agreement authorizes a technical study performed by Harris Mechanical Service, Inc. to improve the City's ice arena by reducing operating costs by replacing or upgrading HVAC, lighting and refrigeration equipment. The attached agreement makes reference to the City potentially proceeding with a project after reviewing the results of the technical study, and contracting Harris to oversee it. If City Council decides to go forward with a project, the $20,000 cost of the technical study will be financed as part of the total cost of the project throughout atwenty-year period. B. CRITICAL ISSUES • Much of the Ice Arena's mechanical equipment in Rink 1 is the original 38-year old equipment including boiler, HVAC, domestic water heater, snow melt pit, and refrigeration system. The boiler was oversized in anticipation of a community center expansion resulting in inefficiencies. C. FINANCIAL • If Harris cannot present a cash neutral solution upon completion of the study, the City has no financial obligations to Harris. • If Harris presents a cash neutral solution upon the completion of the study and the City decides not to proceed with the project, the City must compensate Harris for the technical study in the amount of $20,000. • .The $20,000 cost of the technical study will be funded from the Ice Arena Capital Outlay, account #54000-7400 if the City does not go ahead with the project. If the City Council decides to go forward with the project, the $20,000 cost of the technical study will be financed as part of the total cost of the project throughout a 20-year period. D. LEGAL • The City Attorney has reviewed the attached agreement. E. ENVIRONMENTAL CONSIDERATIONS • The project will potentially benefit and City and the environment with significant energy reductions of natural gas and electricity. IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS _ • Agreement between City of Richfield and Harris Mechanical,Service, Inc. for Comprehensive Technical Study. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None '7~-1 AGREEMENT BETWEEN THE CITY OF RICHFIELD AND HARRIS MECHANICAL SERVICE, LLC. FOR COMPREHENSIVE TECHNICAL STUDY Hereinafter, the City of Richfield, Minnesota, will be referred to as the CITY and Harris Mechanical Service, LLC., as SERVICE PROVIDER. SCOPE OF SERVICES SERVICE PROVIDER will conduct a comprehensive technical study of the Richfield Ice Arena, 636 East 66th Street, Richfield, MN, within fifty two (52) days of the approval of this agreement, to identify energy and operating cost reduction measures. 2. SERVICE PROVIDER will produce and present a comprehensive report to the Richfield City Council outlining recommendations related to operations and replacement/upgrading of equipment of the refrigeration system, HVAC system and lighting. SERVICE Provider will include in the Comprehensive Report a summary of all associated costs of equipment, installation, labor, engineering, training and any other costs related to the energy reduction measures. The Service Provider will also include in the Comprehensive Report a summary of the anticipated energy savings over a twenty year period, and other applicable data that validates the recommendations. 3. SERVICE PROVIDER will attempt in the comprehensive technical study to limit the scope of potential cost reduction measures so that the annual debt service of the total cost of all associated costs of equipment, installation, labor, engineering, training and any other costs over a twenty year period will not exceed the total anticipated energy and operating savings each year over atwenty-year period. 4. SERVICE PROVIDER will advise CITY on potential funding mechanisms. 5. SERVICE PROVIDER will work with Richfield City Staff, and Xcel Energy to solidify all available rebates. PAYMENT FOR SERVICES CITY agrees to pay SERVICE PROVIDER a sum of $20,000 upon the completion of the Comprehensive Study and after it is presented to the. Richfield City Council, or in the event that the City elects to proceed with a project and potentially enter into a contract with SERVICE PROVIDER to complete all- equipment installation and execute all approved energy reduction measures, the payment sum of $20,000 will be issued to SERVICE PROVIDER through the financing mechanism employed by the CITY to finance the project. GENERAL TERMS AND CONDITIONS This agreement shall commence on April 14, 2009, and shall terminate on June 5, 2009. 2. This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. 3. The SERVICE PROVIDER shall secure and maintain insurance as will protect them from claims under the Worker's Compensation Act and from claims for bodily injury, death, or property damage and professional liability which may arise from the performance of their services under this Agreement. The SERVICE PROVIDER shall name the CITY as Additional Insured. Harris Mechanical Service Agreement April 14, 2009 ~/ ~~ 4. The completed original report, recommendations, calculations and text shall become the property of the SERVICE PROVIDER. With respect to any work in progress at the time of termination, the SERVICE PROVIDER shall provide the CITY with reproducible copies of any documents already completed at the time of termination necessary for completion of said work at no additional expense to the CITY. 5. SERVICE PROVIDER agrees to indemnify and defend the CITY against claims or liabilities arising out of, or relating to the negligence or intentional misconduct of the SERVICE PROVIDER, and the CITY agrees to indemnify the SERVICE PROVIDER against claims or liabilities arising out of, or relating to negligence or intentional misconduct of the CITY. Harris Mechanical Service, LLC. Keela Bakken Sales Manager City of Richfield, Minnesota Debbie Goettel Mayor Steve Devich City Manager Date Date Hams Mechanical Service Agreement April 14, 2009 AGENDA SECTION: AGENDA ITEM # REPORT # ~~. STAFF REPORT CITY COUNCIL 1VIEETING APRIL 14, 2009 CONSENT 7C 81 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for schematic design, design development and construction documents for the renovation of Lincoln Athletic Com lex to Busch Architects. I. RECOMMENDED ACTION: By Motion: Award the attached contract in the amount not to exceed $71,500.00 for schematic design, design development and. construction documents for the renovation of Lincoln Athletic Complex to Busch Architects. II. BACKGROUND A group of ten citizens represented by the Community Services Commission, Richfield Girls Softball Association and Richfield Baseball Inc., has been assembled to begin plans for the renovation of Lincoln Athletic Complex. City Council approved a contract with Busch Architects on November 25, 2008, to assist with .the initial step of preliminary design and cost estimates. The group began their design process by conducting a public meeting on December 17, 2008, to gather initial input from residents. Busch Architects conducted five programming sessions with the group, developed the attached site plan and presented the plan to the public again on February 25, 2009. The group then presented their plan to City Council on March 10. The City Council gave conceptual approval for the project, provided the total project cost did not exceed $1,500,000. 0414 Busch Architects Contract As conceptually approved, the project will include four multipurpose ball fields ranging from 210 feet to 220 feet to center fence. A small concession building will be located in the center of the complex, equipped with restrooms and storage. Play equipment will be located in the center of the complex with overhead netting fo protect kids from fly balls and the sun. A 75-car parking lot will be located on the south end of the park with privacy fence and landscaping to screen the parking lot from the homes along the park's south property line. Busch Architects requires a contract to proceed with the design of the project and the preparation of plans and specifications. The services will be provided at the listed hourly rates, with anot=to-exceed cost of $71,500. Under the contract, Busch Architects has also committed to amend the contract to include services for bidding and negotiation and construction supervision, at an amended not-to-exceed cost of $98,131 plus the following items: I) reimbursables, and 2) City approved additional services at Architect's stated hourly rates; and 3) a fee of 6% of the value of each bidded alternate designed by the Architect but not selected provided that the City must exercise the right to amend the contract within 90 days of the date of this contract. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated design costs .exceeds $75,000.and the estimated construction cost exceeds $500,000, and with City Council approval, a public hearing and second reading of a transitory ordinance authorizing the planning, design and construction of a the renovation of Lincoln Athletic Complex will be scheduled for April 28, 2009. The attached award of contract is to authorize the next phase of design which is construction ..plans and specifications. The amount of these services including the concept plans and initial cost estimates will not exceed $75,000. • The Community Development Department requires, a Site Plan Approval for this project.- The Richfield Planning Commission will review the project site plan and conduct a public hearing on April 27, 2009. The Site Plan is scheduled for City Council consideration on May 12, 2009. B. CxITICAL ISSUES • A contract for the preparation of plans and specifications is required in order for the proposed project to move forward. • The. proposed contract complies with the requirements of the city charter but includes provisions that will allow the City to contract for additional needed services after the charter amendment becomes effective. C. FINANCIAL • The estimated cost of the project is $1,500,000. The cost of this contract is $71,500. • If the City Council elects to proceed with approval of a construction .contract, the total cost of services provided by Busch Architects for .design, bidding & negotiate, construction supervision will be 7% times to total construction cost not to exceed $98,131, plus reimbursables, .plus City approved additional services at Architect's stated hourly rates, plus 6% times thealternates bid but'not selected. • Financing for the project is proposed in the form of an internal loan paid back without interest from existing and future proceeds of the City's Liquor Stores. A total of $168,000 has been collected to date in the previous years from the Special Revenue Fund as part of the City's approved Capital Improvement Budget, and future payments are planned in'the City's Capital Improvement Plan. D. LEGAL. • The City Attorney has reviewed the.proposed contract and finds that it complies with the City Charter. E. ENVIRONMENTAL CONSIDERATIONS • The project complies with the City's current storm water regulations. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to take no action at this time or defer action to a later date. Any deferment will impact the scheduling of future Council actions required under the City Charter and, ultimately, the construction of the project. V. ATTACHMENTS • Contract with Busch Architects. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~' \ ~ TM .~.: f~ Document B101 - 2007 Standard Form of Agreement Between -Owner and Architect AGREEMENT made as of the Eleventh day of March in the year Two Thousand Nine (In words, indicate day, month and year) .BETWEEN the Architect's client identified as the Owner: Name, address and other- information) .City of Richfield, Minnesota 6700 Portland <<lvenue South, Richfield, MN 55423 and the-Architect:. (Name; address and other information) BuschArchitects, Inc. 240? Uiuversiry Avenue West, Saint Paul, MN 55114 Telephone Number: 651-645-6675 Fax Number: 651-645-8071 for. the following Project: {Name, location and detailctl.description) Lincoln Athletic Complex Lincoln Fields, 7500 Pleasant Avenue South, Richfield, Minnesota Conlpleterenovation of the existing Lincoln Field softball and baseball athletic fields. Work includes four new softball baseball fields, a parking lot, concession and restroom building totaling about1;100 squarefeet; covered dugouts for each field, a pathway s}>stem throughout thepark, a small children's playground, and other minor park accessories: TheOwner and Architect ab ee as follows ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. Ah Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or mod'rfication. Init AIA Document B101 TM - 2007 (®ormerly B151 TM - 7997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AI( rights reserved. WARNING: This AiA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ' 1 this AtA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) c /1 "r ~J .TABLE OF ARTICLES 1 IN1TiAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES li COST OF THE WORK 7 COPYRIGHTS AND LiGENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR-SUSPENSION 10 ' MISCELLANEOUS PROyISIONS 11` COMPENSATION 12 ' SPECIAL TERMS AND CONDITIONS 13 SCOPE OF 7HE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Ab •eement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Informativm (Complete Exhzbrt A Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Infonnatrorr such as deaails of the Project's_site ctndprogram, .Owner'-s contractors-and consultants, Architect's consultants. Owner's Buda et for the Cost of the Work, authorized representatives, anticipated procurement /nethod, acrd other infonnution relevant to the ~'roject.) § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: •1 Commencement of construction date: July O1; ?009 .2 Substantial Completion date: November 01, 2009 § 1.3 The Owner and Architect may rely on the Inifial Information. Both parties, however, recognize that such information may jnaterially change and, in that event, the Owner and the Architect shall a ro natel ad'ust the schedule, the Architect's services and the Architect's compensation. pp p y ~ § 1.4 Notwithstanding anything to the contr I Owner shall be for desi y p ~' m t111s Agreement the initial Agreement between Architect and gn services onl rovided by Architect at an hourly rate plus reimbursables not to exceed Init AIA Document B101TM - 2007 ~®ormerly B151TM _ 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Atl rights reserved. WARNING: This AIA Document is protected by U.S. Copyright taw and International Freaties. Unauthorized reproduction or distribution of this AIA® Document, or any porfion of it, may result in severe civic and criminal penalties, and wilt be prosecuted fo the maximum extent possible for resale. / under the taw. This document was produced by AIA software at 08;58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not 2 User Notes: (101 1 92641 9) ~ c. -,~ $71,500. The Architect further agrees to extend the Agreement to include work performed in the construction phase for a total compensation of 7% times the final construction cost not to exceed $98,169, plus reimbursables, plus .City-approved Additional Services billed at Architect's hourly rates in accordance with Section 11.2, plus 6% times the an~oun.t for alternates bid but not constructed, if Owner's Council requests such an amendment within 90 days of the initial Agreement as described in this. section.. Upon Owner's Council's request for such an amendment, Architect shall agree to amend the initial Agreement to incorporate the entire Agreement as set forth in this AIA B 101-2007 form. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES 2.1 The Architect shallprovide the professional services as set forth in this. Agreement. § 2:2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expedifiously as is consistent with such professional skill and care and the orderly progress of theProject § 2:3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall furnish proof of insurance confirming that it has procured the following required insurance coverage prior to execution of this Agreement. Such proof shall also confum that the insurer has agreed that it will not cancel the insurance without giving the Owner thirty (30) days advanced, written notice of its intent to cancel at any ime relevant to the claim: period in this project. The Architect shall likewise require from its consultants proof of insurance meeting the foregoing requirements as a condition to their engagement to perform services on the Project. (Idefitifv types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if an}~.) .1 General Liability I Each Occurence Linuf: $1,000,000 General AggregateLimit:_ $2,_0.OQ,OOQ_ .2 Automobile Liability .3 ` Workers' Compepsation >~ Statutory .4 :Professional Liability $500,000 for each claim made. $1.000,000 total of all claims during policy period. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. Init. AIA Document 6101 TM+- 2007 (formerly 8151 ~"" - y 99 Co ~ ht ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights ~~ P!n'~9 reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Bocument, or any porfion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 3 J under the faw. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_7 which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) ~~-~ §.3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants, unless the Owner disclaims or qualifies the accuracy of the information in writing, the Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Ciwner' consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1;3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule'shall include allowances for periods of time required for the Owner's review, for the performance of the'Owner's consultants; and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, dime limits established by the schedule shall not, except for reasonable cause, be exceeded by he ,4rchitect'or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the :Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shah, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services: § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents i°~quired for the approval of governmental authorities having jurisdiction over the Project. 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall e~-iew the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3:2.2 The Architect shall prepare a preliminary evaluation of the. Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably neededfor the Project:' 33.3TheArchitectshall resentts- relimin ---~--~---~ - - ~ -~ § P P dry evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally respcinsrble design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § :3.2.5 B ased on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent witl~lthe Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other ' environmentally responsible design services under Article 4. Init. AIA Document 8101 TM - 2007 (®ormerly 6151 Tb -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserve® WARNING: This AiA Documen! is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ~ this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This. document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_1 which expires on 5/9/2009, and is not for resale. User Notes: - (1011926419) - ' ~'~ § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work.- § 3.2.6 'The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Sectianb.3. § 3:2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any. adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including tilans, sections, elevafions, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical'systems and such other elements as may be appropriate. The Design Development Documents shall also include outline specificationsaatldentify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of .any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and .Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner. and .Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, :which the Architect shall review in accordance with Section 3.6.4. § 344.2 The Architect shall 'incorporate into the Construction Documents the design requirements of governmental - _ - authorifies having jurisdiction over.-the Project. § "3.4.3 Dtiring the development of he Construction Documents, the Architect shall assist the Owner in the deve]opment and preparation of (1) bidding and procurement information that describes the time, place and :conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3)' he Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construetiqn and .Specifications and may include bidding requirements and sample forms. § 3.4.4 The. Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval § 35 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL; The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competifive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. AIA Document BY 07 TM - 2007 (formerly 8751 TM -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA® Document, or any portion of it, may result in severe civil. and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807 1 which expires on 5/9/2009, and is not for resale.. - User Notes: (1011926419) ~7c-~ § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2'The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts. of deposits; if any, received from and returned to prospective bidders; .3 organizing and conducting apre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and .interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distribufing .the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and. distribute addenda identifying approved substitutions to all prospective contractors. §_3.6 CONSTRUCTION PHASE'SERVICES § 3.6.1 GENERAL` § 3.6.1.1 .The Architect shall. prcivide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2007, General Conditions of the Contract for Construction, as it may be modified by the Owner. Ifthe Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall-advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.. The Architecrshall nothave control over, charge of, or responsibility for the construction means, methods, techniques, sequences: or procedures, or for safety. precautions and programs in connection with the Work. Subject to the requirements of Sections 2.2 and 3:6.2.1, the Architect shall not be responsible for the Contractor's failure to perform thework in: accordance with the requirements of the ContractDocpments. The Architect shall be responsible for the Architect's negligent acts or omissions, brit shall not have control over or change of; and shall riot he responsible for, acts or emissions of he Contractor or of any other persons or entities performing portions of the Work. § 3.6.1:3 Subject to Section 4:3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. '§3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The: Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required axa. Section 4.3:3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, whemfu113> completed, will be in accordance with the Contract Documents. However, the Architect shall not he required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the'sits visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the`Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or Init AIA Document B101 TM - 2007 (®ormerly B751 TM -19971. Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent. possible / under the iaw. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_1 which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 926419)' ~ c --~ testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities perfornung portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Dociunents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not ..show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthefic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and`Contractor designate another person to serve as an Initial Decision Maker, as that term is defined im AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment;that, to the best of the Architect's knowledge, information and~belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representationsnre subject (1) to an evaluation of the Work for conformance with the Contract Documents .upon. Substantial Completion, (2) to results' of subsequent tests and inspections, (3) to correction of Honor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by theArchitect. § 3.6.3.2 The issuance ofa Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive-or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has-used money previously paid on account of the'Contract Sum. § 3.6.3.3 The Archtect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.A~.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or; in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take.other. appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for'fhe limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose. of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems;-which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques; sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Init AIA Document 6101'"" - 2007 (®ormerly 8151 TM -1997). Copyright ©1974, 1978, t 987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and tnternational Treaties. Unauthorized reproduction or distribution of 7 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not - for resale. User Notes: (1011926419) ~c-~ § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop dra~~ings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information.. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The rlrclutect's response to sach requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepaze and issue supplemental Drawings and Specifications in response to requests for information. § 3,6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES'1N THE WORK §.3.6,5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the-provisions of Section 4:3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.:2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall-conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forwazd to the Owner, for the Owner s review and records, written warranties and related documents required by the Contract Documents and assembled Iby the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. §3.6.6,2 The Architect'snspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the - -- - - - Contractor of W ork to be completed: or-corrected. §':3.6.6.3 When-xhe Work is found tc be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3:6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other dcicumentaton required of the Contractor under the Contract Documents. § 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional. Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2, unless due to error or omission of the Architect. AIA Document BY01T"^ - 2007 (formerly 6151T~+- Y997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_9 which expires on 5/9/2009, and is not for resale. User Notes: (1011926419) c-9 (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, iderztifytheexhibit.) _ Additional Services Responsibility (Architect, Owner or Not Provided) " Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) 4.1.1 Pro ammin~ Not provided 4.1.2 Multi le relimin desi s Not rovided .4.1.3 Measured dTawin s Not rovided § 4.1.4 Existing facilities surveys Not provided 4.1.5 Sie Evaluation and Plannin (B203Tt"~-2007) Not rovided 4.1.6 Bui]dinQ information modelin Not provided 4.1.7 Civil engineering, Not provided 4.1.8 Landscape: design. Not provided 4.1.9 Architectw"al:Interior Desi n (B252TM-2007) Not rovided ` 4.1.10 ~raluePral ass (B204TM-2007) Not rovided ~' § 4.1.11 Detailed cost. estimating Not provided 4.1.12' On-site ro~ect re' iesentafion Not rovided .4.1.13 Conformed-construction documents Not rovided '4.1.14. As-desi ned record drawin s Contractor 4.1.15 As-constructed record drawings Contractor #.1.16. Post occu anc evaluation Not rovided 4.1.17: Facilit Su ort Services (B210TM-2007) Not rovided § 4.1.18 Tenant-related services Not provided 4.1.19 Coordination of'Owner's consultants Not rovided 4.1.20 Teleconuntinications/data desi Not provided § 4.1.21 Security Evaluation and Planning (B206TM- 2007)_ Not provided 4.1.22' Comznissionin (B211TM-2007:) Not rovided §':4.1.23 Extensive environmeritall :res onsible desi Not rovided 4.1.24 LEED ~ Certification (B214TM-2007) Not rovided ' 4.1.25 .::.Fast-track desi ~n services Not rovided § 4.1.26 Historic Preservation (B205T~2007) Not provided 4.1.27 Furniture, Finishings, and Equipment Design (B253TM 2007) Not provided _ § 4.2 Insert a .description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for en~ices,,required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedu e. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonablepromptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs,. in-depth material research, energy modeling, or LEED® certification; inst. AIA Document B101 T^~ - 2007 (® rmerly B151 T"^ -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WAfiNING: This AIA Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of 9 this AIA® Document, or any portion of it, may result in severe civil and criminaP penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 0 1 1 92641 9) .~C-~O .3 Changing or editing previously prepared Instrtunents of Service necessitated by the enactment or .revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure or"performance on the part of the Owner or the Owner's consuitants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or :11 Assistance to the Initial Decision Maker, if other than the Architect. § .4.3.2 To .avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, .notify the. Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently deternunes that all or parts of those services are not required, the Owner shall give prompt written notice to-.the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract. Documents or where such information is available to the Contractor from a careful study and`compatison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing. Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instrtunents of Service,except that the Architect's Basic Services shall include the preparing of Change Orders or Constriction Change Directives when the need therefore arises from the Architect's ambiguity, error or omission. .4 Evaluating .more than five, (5) Claims as the initial Decision Maker; :5 Evaluating substitutions proposed by the Owner or Contractor for items not related to the Architect's errors or omissions;: and :making subsequent revisions to Instruments of Service resulting therefrom; or . .6 To'the extent: the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of-the Work or (2) the anticipated-date of Substantial Cornpletion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall. provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor ,2 Twenty (20 )visits to the site by the Architect over the duration of the Project during construction .3 Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Tw<i' (2) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Twelve (12 )months of the date of,this Agreement, through no fault of the Architect, extension of the Architect's services beyond that-time shall be compensated as; Additional Services. ARTICLES OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request AIA Document B101 TM - 2007 (formerly 8151 TM -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International. Treaties. Unauthorized reproduction or distribution of 10 this A!A® Document, or any portion of it, may result in severe civil and criminal penalties, and wil{ be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1011.926419) `T ~- I I from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Gost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Wgrk, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Ow=ner shall. iilentify a representative authorized to act on the Owner's behalf only with respect to specific matters delegated to the representative in writing by the Owner's Council. In no event shall the Owner's representative have the authority to agree to any adjustments in the Contract Sum or Contract Time. Adjustments to the Contract Sum or Contract Time require approval by the Owner's Council. The Owner shall render decisions and approve the. Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential. progress of the Architect's services. § 5.4 The Owner shall, fw-rush surveys to describe physical characteristics, Legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as apphcable, grades and lizies of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations..dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, b-oth public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings; test pits, .determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic 'evaluation; ground=corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions with written reports and appropriate recommendations. § 5.6 The'Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request;-the Owner shall furnish copies of the scope of services in the contracts between the .Owner acid the Owner's consultants. The.Owner shall furnish the services of consultants other than those designated in'this Agreement, or authorize the: Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall "require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The-Owner shall furnish tests; inspections and-reports required by law or the Contract Documents, such as structural; mechanical, and`chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at anytime for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Pmject, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5;10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner: shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. Init. AIA Document 6101 TM - 2007 (®ormerly B15t TM -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights nserve® WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (tOt1926419) ." `7 C-/2 ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, Overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of--way, financing; contingencies for changes in the Work or other costs that aze the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Projecras required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the prelinunaiy estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither he Architect nor the Owiier has control over the cost of labor, materials or equipment; the Contractor's 1~ethods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot :and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the-Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § B.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for :design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and .scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated-CosYof-the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the. Work shall be based on current azea, volume or similaz conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article4. `§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Constrtction Documents t~ the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall he adjusted to reflect changes in the general level of prices in the applicable construction market. §;6.5If at any time the.Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the'Architect shall make appropriate recommendafions to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the'Owner' budget for the Cost. of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give' written approval of an increa§e in the budget for the Cost of the Work; .2' authorize rebiddingbr renegotiating of the Project within a reasonable time; _ .3, terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the. Cost ofthe Work; or .5 implement any other mutually acceptable alternative. '§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without addifional compensation, shall . modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6:6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other informafion, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. Init. AIA Document 8101 TM+ - 2007 (®ormerly 8151 Tr^ -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AfA Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of y 2 this AIA® Document, or any porfian of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. _ User Notes: (1 01 1 92641 9) ~ G -~ 3 § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instnuments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the: Contractor; Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner's consultants and sepazate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusivel3~ for use iriperforming services or construction for the Project. The Owner's non-exclusive license to use the Instruments. of Service shall be governed by Section 9.8. (P_aragrapjts deleted)' § 7.4 Except for tare-licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service .shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants:. ARTICLE 8 `CLAIMS AND DISPUTES § 8.1 GENERAL §.8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise; against the otherarising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law,. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other'. and against the contractors, consultants, agents and employees of the other for damages, except such rights. as they may'have to the proceeds_of such insurance as set forth in AIA Document A201-2007, General Conditionsof the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors; consultants, agents and'employees of any of them similar waivers in favor of the other parties enumerated herein: (Paragraphs deleted) § 8.2 MEDIATION §.8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. Mediation is not a condition precedent to commencing litigation but the parties agree to mediate the dispute at the. earliest reasonable time. If litigation is commenced, the parties agree to mediate before any dispositive motionsor trial; (Paragraphs deleted) § 8.2.3 The.parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settletnent agreements in any court having jurisdiction thereof. §-8:2:4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the fallowing: (Check the «pprlipriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resol>>ed in a court of competent jurisdiction.) I ] Arbitration pursuant to Section 8.3 of this Agreement X Litigation in a court of competent jurisdiction AIA Document Bt Ot TM - 2007 (formerly 8151 TM -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) c-r ~ [ ] Other (Specify) (Parcr~raphs deleted) § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing a;~eement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by,parties to this Agreement shall be specifically enforceable in accordance with applicable law in .any-court having jurisdiction thereof. § 8.3.3 The award.rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction Thereof. § 8.3:4 CONSOLIDATION OR JOINDER §,8.3.4.1 Etherparty, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to whichit is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (?) he arbitrations to be consolidated substantially involve common questions of law or fact; -and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to azbitration involving an additional person. or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written-.consent. § 8:3.4.3 The Owner and Architect grant to any person or entity made a party to an azbitrafion conducted under this Section ~:3, whether by joinder orcons~Iidation, the same rights of joinder and consolidation as the Owner and Architectunder this Agreement.- ARTICLE 9 TERMINATION OR SUSPENSION - § 9:1 If the Owner fouls to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven .days' writtennotice to the Owner before suspending services: In the event of a suspension of services, the Architect shall have no fiabifity o the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the intemuption and resumption of the Architect's services. The Architect's fees for the remaining cervices and the tinge schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption. and resumption of the Architect's services: The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'. written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. s Init. AIA Document B101T~+- 2007 (formerly 6151 TM -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This A!A® Document is protected by U.S. Copyright taw and International Freaties. Unauthorized reproduction or distribution of ~ 4 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible / under the taw. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) _l~- ~ ~ § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6In the event of termination not the fault of the Architect, the Architect shall be compensated. for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise (Paragraphs deleted) conpensated§ 9.8 In the event of termination, and upon payment to the Architect of all sums that are not the subject of a good faith dispute, the Owner and its designated agents and consultants, shall have anon-exclusive license to use the Architect's, aitd its consultant's Instruments of Service documents, data, and records relating to the Project, in the condition they were on the date of termination, for the limited purpose of completing the Project. The Architect's contracts with its consultants hall incorporate provisions whereby its consultants agree to be bound by the terms of lis section. `Ulion request, the Architect and its consultants shall promptly furnish the Owner with legible copies of their Instruments of Service documents, data, and records relating to the Project, and the Owner shall reimburse the Architect and its consultant for their reasonable copying and clerical expenses therefore. ARTICLE 10 MISCELLANEOUS:PROVISIONS § 10.1 This: Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions. of the£ontractfor Construction. § 10.3 The Owner-and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to xhis Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § t0'.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted~to the Architect for review ut least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute: consents t-easonably required to facilitate assignment to a, lender, the Architect shall execute al]`;such consents that ai-e consistent with this Agreement, provided the proposed consent is submitted to the Architect: for review at least 14 days prior to execution.-The Arcliifect shall not be required to-execute certificates or consents that would require lrnowledge; services or responsibilities beyond the scope of this Agreement. § 10.5 Notlvng contained in this Agreement shall create a contractual relationship with or a cause of action in favor ofa turd party against either'the Owner or Architect. § 1b.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, ..:presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the. Proj ect site. 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable . access to he completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order AIA Document B101T"~ - 2007 (formerly B151 TM - 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_1 which expires on 5/9/2009, and is not for resale. User Notes: (1011926419) ~c^r~, to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATIQN § 11.1 Forthe Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Architect shall be entitled to a maximum fee of 7% times the final construction cost not to exceed $98,169, plus . reimbursables, plus City-approved Additional Services billed at Architect's hourly rates in accordance with Section 11:2, plus 6% times the amount for alternates bid but not constructed § 11.2 For Additional Ser~~ices designated in Section 4.1, the Owner shall compensate the Architect as follows: {Insert cznzount of, orbasis for, compensation. If necessary, list specifze services to which particular methods of compensation apply.) Compensation for'the Architect's Additional Services shall be calculated using the current hourly rates of the Architect's su~tff;worl:iiig on'the project. §`11.3 For Additional Services. that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of,or basis for; compensation.) Compensation for the Architect's Additional Services shall be calculated using the current hourly rates of the Architect's staff working on the project. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Ten percent (10.00% ), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the~compensation for each phaseof services shall be as follows: Schematic Design Phase Fifteen percent ( ~ 15 %) Design Development Phase ~ ~ Twenty percent ( 20 %) Construction Documents ` Forty-five percent ( 45 %) Phase Bidding or Negotiation Phase Pive percent ( 5 %) Construction Phase ° Fifteen percent ( 15 %) Total Basic Compensation ~ one hundred percent ( 100 %} § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project aze deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are perf~nned yin those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of he Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly'billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The`rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Init AIA Document 8701 T"+- 2007 (®ormerly B751T0A -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Afl rights reserve ® WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of ~ s this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the taw. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) ~-- i 7 Employee or Category Rate KevinC: Busch $110.00 Gary Demele $110.00 'Michelle Gerner $75.00 Hem-y Voth (Larson) $125.00 Enb veering Tech (Larson) $95.00 William Sanders (SWB) $110.00 Robert Gunderson (SWB) $110.00 Landscape Arch 4 (SWB) $95.00 § :11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses ncrrred b}= the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transponatioii and authorized aut-of--town travel and subsistence; '.2 Long distance services, dedicated. data and communication services, teleconferences, Project Web sites, and ext~~anets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 minting, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 .Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by t}ie Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; :9 All: taxes levied on professional services and on reimbursable expenses; .10 Site officeexpenses; and .11 Other sinular Project-related expenditures. § 11.8.2 For Revl~bursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus 'Ten percent (10.00% ) of the expenses incurred. § 19.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner termnates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreemenrunder Section 9:3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the'Archtect's Instruments of Service solely for purposes of completing, using-and maintaining the Project as follows: 0 § 11.10 PAYMENTS'TOTHE-ARCHITECT § 1.1.1:0.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 )shall be made upon execution of this ..Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise. agreed, payments far services shall be made monthly in proportion to services performed, pursuant to Minnesota Statutes, Section 471.425, Municipal Prompt Payment Act Payments are due and payable .:upon presentation of the Architect's invoice. Amounts unpaid Sixty (60 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 6.00% per annum Init. AIA Document B10tTM - 2007 (®ormerly BY51 T~" -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible / under the law. This document was produced by AlA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1011926419) ~~-i~ § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liduidated damages on the Architect, but shall have rights under law. The Owner's right, if any, to offset sums due the Architect shall be governed by applicable law. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This. Agreement :represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement maybe amended only by written instrument signed by both Owner and Architect. 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document BlOiT'^~-2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents - (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of sewice, if any, forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER ARCHITECT ~Gt~ (Signatume) (Signature) Debbie Goettel, Mayor; Kevin C. Busch, CEO Steve Devich, City Manager (Printed name and title) ~ (Printed name and title) AIA Document 6101T"" - 2007 (formerly B151TM+-1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Irnt. reserve® WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to fhe maximum extent possible / Under the law. This document was produced by AIA software at 08:58:06 on 04/01!2009 under Order No.1000355807_7 which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) , Additions and Deletions Report for AlA®Document 8101 ~" - 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:58:06 on 04/01/2009. PAGE1 AGREEMENT made as ofthe Eleventh day of March in the year Two Thousand Nine City of Richfield, Minnesota 6700 Portland Avenue South.Richfield, MN 55423 Busch Mchitects.Inc. 240?Uiuversity Avenue West; Saint Paul, MN 55114 'Telephone Number: 651-645-6675 Fax Number: 651-645-8071 Lincoln Athletic Complex Lincoln'Fields, 7500 Pleasant Avenue South, Richfield, Minnesota Completerenovation oftheexistina yincolrrField softball and baseball athletic fields. Work includes four new softball/basebaIIfields, aparkinQ lot. concession and restroom buildin tog taling about 1,100 square feet covered dugouts for. each field,. a pathway s ystem throughout the park, a small children's ~laygxound and other minor park aCCESSOr1eS. - - PAGE 2 July O1. 2009 . November'~1. 2009' $1.4 Notwithstanding au~~thing to the contrary in this Agreement the initial Agreement between Architect and Owner shall be for design services onlyprovided by Architect at an hourly rate ylus reimbursables not to exceed ~T1:500: The Architect further agrees to extend the Agreement to include work verformed in the construction phase fora total compensation of 7% times the final construction cost not to exceed $98 169 plus reimbursables plus City-appro~~ed Additional Services billed at Architect's hourly rates in accordance with Section 11 2 ylus 6% times the amount'for alternates bid but not constructed if Owner's Council requests such an amendment within 90 days of the initial A~xeement as described in this section Unon Owner's Council's request for such an amendment Architect shall agree to amend the initial Agreement to incorporate the entire Agreement as set forth in this AIA B 101-2007 form. Additions and Deletions Report for AIA Document 8701 T"' - 2007 {formerly B151 T'^ -1997). Copyright ©1974, 1978, 1987, 1397 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This. AtA®.Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AtA® Document, or any portion of it, may result in severe civil and criminal penatfies, and will be ~ prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5!9/2009, and is not for resale. User Notes: (1 01 1 92641 9) i . -r c-ate PAGE 3 § 2.5 The Architect shall furnish proof of insurance confirming that it has procured the following required insurance coverage prior to execution of this Aereement. Such vroof shall also confine that the insurer has agreed that it will not cancel the insurance without ig vine the Owner thirty (30) days advanced, written notice of its intent to cancel at any time relevant to the claim period in this project. The Architect shall likewise require from its consultants proof ~f_insurance meeting the fores?oing requirements as a condition to their engagement to perform services on the Project. Each OccurenceLimit: $1,000,000 General A~~retrate Limit: $2,000,000 Statutory $500.000 for each claim made. $1~000.OOOtotal of all claims during noficv neriod. rH~c 4 § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's ~~~,'f,...... m''° ronsultants. unless the Owner disclaims or ,qualifies the accuracy of the information in writing the Architect_shall be entitled to rely on th0,accuracy and completeness of services and information furnished by the ''Owner and the Owner's consultants: The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. PAGE 6 ~ z ~ z r,l~r_nrlnrcn oononc~l c R 2k4 7 Tl.a A«..i,;ro..r ~. L, ., 11`~ ;~rrAo /1.....e«:.. ,.Nt.,:.,:.... ,.«.........,7~ 1. ~ ' . 7 .~ «!: 4~ uloi,4:.~., :r,4o«. .:h~, .. r.ti..u n «,4«., f rl ~ b Y Y b, : z ~u Pr.. e > e re..,.,-i- ..F Fl,o .,o....s:.,~:,... «0~„7~~ ..~ .7;«e„~,..7 L.~, FL,o/1.:,«0« ~.,Y~,.., va uaa. , , § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall.prepare and-distribute addenda identifying approved substitutions to all prospective contractors. § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2007, General Conditions of the Contract for r'^r: Construction, as it maybe modified by the Owner. If the Owner and Contractor modify AIA Document A201-2007, Additions and Deletions Report for AIA Document 6101 TM - 2007 (formerly Bt 51 TM - 7997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights'reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 2 Unauthorised reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the raw. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) .. ' ~ ~ ~ ~ 1 those modificafions shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1:2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this ~;_ Agreement.. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with *'~°~~ " °'~°" ''' " '''+ ~ the Work. Subject to the requirements of Sections 2 2 and 3 6 21 the Architect shall not be responsible for the Contractor's failure to perform the Werl~work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. -PAGE 8 § 3.6.6.5 - T~~ og:, * ~F *~~ O..~prior to the expiration of one year from the date of Substantial Completion, the Architect shall; without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. § 4.1 Additional Serviceslisted below are not included in.Basic Services but maybe required for the Project. The Architect shall prop=ide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section ~-11.2, unless due toerror or omission of the Architect. _PAGE 9 _ 4.1.1 ]?ro~narmnina Not provided § 4.1,2 'Multiple `preliminary designs Not provided 4.1.3 Measured drawin s Not rovided 4:1.4 ExistinQ;facilities curve s Not provided 4.1.5 'Site Evaluation and Plannint; (B203TM-2007) Not rovided § 4.1,6 Building information modeling Not provided 4.1.7 'Civil enQineerinQ Not rovided 4.1.8 Landsca` e deli ' n Not provided § 4.1.9 .Architectural Interior Design.(B252T~2007) Not provided 4.1.10 ~!alue Anal sis'(B204T`~-2007) Not rovided 4:1.11 Detailedcost estimating" Not provided 4:1.12 On-site ro'ect-xe resentafion Not rovided § 4.1.13 Conformed construction documents Not provided § 4.1.14 As-desi 'ned record drawin s Contractor 4.1.15 As-constructed record drawin s Contractor 4.1.16 .Post occu anc evaluation . 'Not rovided 4.1.17 Facility Su ort Services (B210TM-2007) Not provided 4.1.18 Tenant-related services Not provided 4.1.19 Coordination of Owner's consultants Not provided § 4.1.20 Telecammunicafions/data design Not provided § 4.1.21 Security Evaluation and Planning (B206TM- 2007)" Not provided 4.1:22 Commissionin (B211TM-2007) Not provided 4.1.23 Extensive environmentall res onsible desi Not rovided § 4.1.24 LEED Certification (B214TM-2007) Not provided 4.1.25 Fast-track desi services Not rovided 4.1.26 Historic Preservation (B205TM-2007) Not provided 4.1.27 Furniture, Finishin s, and E ui ment Desi Not rovided Adtlitions and Deletions Report for AIA Document .6101 T'^ - 2007 (formerly 8151 TM - 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WQRNtNG: This AIA® Document is protected by U.S. Copyright Law and Internationat Treaties. 3 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1.000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 0 1 1 92641 9) ~ ~-aa (B253TM-2007) PAGE 10 .3 Preparing Change Orders and Construction Change Directives that require evaluation. of Contractor's proposals and supporting data, or the preparation or revision of Instruments of ~Service,excent that the Architect's Basic Services shall include the preparing of Change Orders or Constriction Change Directives when the need therefore arises from the Architect's ambig_uit_y, error or omission. .4 Evaluating °~ °°*°~^~°° -~~~--~''°~ °~ more than five (5) Claims as the Initial Decision Maker; - .5 Evaluating substitutions proposed by the Owner or Contractor for items not related to the Architect's errors or omissions, and making subsequent revisions to Instruments of Service resulting therefrom; or .1 Two : (2) re~~iews of each Shop Drawing, Product Data item, sample and similaz submittal of the Contractor .2 T~i~enty (20 j visits to the site by the Architect over the duration of the Project during construction .3 Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two (2 ):inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Twelve (lam months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional .Services. PAGE 11 § 5'3 The Oavner shall identify a representative authorized to act on the Owner's behalf only with respect to specific matters delegated to the re~resentatiye in writing by the Owner's Council. ]:n no event shall the Owner's representative have the authority to agree to any adjustments in the Contract Sum or Contract Time. Adjustments to the Contract Sum or Contract Time require~proval by the Owner's Council. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in tltie orderly and sequential progress of the Architect's services. PAGE 13 § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect Instz-ttments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and: adding to the Project, provided that the Owner substanfially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses ftom the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. T~~'~° "~°'~~~°^* ^^'~'~~"° *°~~~~~°*°° . .The Owner's non exclusive-license to use the Instruments of Service shall be .governed by Section 9.8. . Additions and Deletions Report for AIA Document 610tT"+- 2007 (formerly BY5tTb+- 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AEA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) ~~~~~ § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or citherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the .method of binding dispute resolution selected in this Agreement within the period specified by applicable ...1~ . § $.2.1 Au}' claim,- dispute ~r other matter in question arising out of or related to this Agreement shall be subject to b ~ > b . °.~~tnediaton. Mediation is not a condition vrecedent to commencing litigation but the arties agree to mediate the dispute. at the earliest reasonable time If lifi~ation is commenced the varties agree to mediate before any: dlsposittve motions ortrial .. >. . . b, - ~ ~ , f-] Arbitration. pursuant to Section 8.3 of this Agreement f--]-X Litigation in a court of competent jurisdiction PAGE 14 , > > § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim; dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the Additions and Deletions Report for AIA Document BY01 TM - 2007 (formerly 8151 TM - 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This A!A® Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorised reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and wil! be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (i 011926419) ~y c a~ arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in Question. PAGE ", 5 _ § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise , Y Y ° compensated °§ 9.8 ' In the event of Germination, and upon payment to the Architect of all sums that are not the sub, ject of a good faith dispute, the Owner and its designated agents and consultants shall have anon-exclusive license to use the Architect's; an~i its consultant's Instruments of Service documents data and records relating to the Project in the condition theywere on the date, of termination for the limited~urpose of completing the Project The Architect's contracts with its consultants shall incorporate provisions wherebv its consultants agree to be bound by the terms of dais section:. IIpon request -the Architect and its consultants shallprom~v punish the Owner with Ie 'b~ le eo ip es of their Instruments of Ser~~iee;'documents. data and records relatini; to the Project and the Owner shall reimburse the Archiiect and its consultant Tor their reasonable copying and clerical expenses therefore § -1'0.1 This Agreement-shall he governed by the law of the place where the Project is ~^^*°a °°^°~+ *'~^* :F+''° aocated. PAGE 16 Architect shall be entitledtoa maximum fee of 7% times the final construction cost not to exceed $98 169 plus reimbursables, plus City-approved Additional Services billed at Architect's hourly rates in accordance with Section 11.2, -plus 6~~ times the amount for alternates bid but not constructed Compensation for the Architect's Additional Services shall be calculated using the current hourl y rates of the Architect'sstaff working on he project. Compensationfor theArchitect's Additional Services shall be calculated using the current hourly rates of the Architect's staff wor}:in~ on he project. § 11.4 Compensation: for Additional Services of the Architect's consultants when not included in Section 11.2 or l 1.3, shall be the. amount invoiced to the Architect plus Ten ern cent (10.00% , or as otherwise stated below: Schematic llesign Phase Fifteen percent ( 15 %) Desi~nDevelopmentPhase Twen percent ( 20 %) Construction Documents Forty-five percent ( 45 %) Phase Bidding or Negotiation Phase Five percent ( 5 %) Construction Phase Fifteen percent ( 15 %) PAGE 17 Kevin C. Busch 110.00 Additions and Deletions Report for AIA Document 8101 TM+ - 2007 (formerly B751 T"~ -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorised reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will. be prosecuted to the maximum extent possible under the law: This document was produced by AIA software at 08:58:06 on 04/01/2009 under Order No.1000355807_i which expires on 5/9/2009, and is not for resale. User Notes: (1011926419) ~ ~-a j Gary Demele 110.00 Michelle Gerner - 75.00 Henrv Voth (Larson) 125.00 Engineering Tech (Larson) 95.00 William Sanders SWB 110.00 Robert Gunderson (SWB) 110.00 Landscape Arch 4 (SWB) 95.00 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent (10.00% ) of the expenses incurred. § 11.40.1 An initial payment of Zero Dollars and Zero Cents ($ O.QO )shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services ~3ed:- performed, pursuant to Minnesota Statutes Section 471425 Municipal Prompt Payment Act Payments are due and payable upon presentation 'of the Architect's invoice. Amounts unpaid Sixtv (6~ days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal placeof businessof the Architect. - 6.00% oer annum- § 11,10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidateddaniagesonthe Architect, .. , ~ , },: ~ ^°~n~, but shall have rights uiSder law The Owner's right if any to offset-sums due the Architect shallbe sovemed bvapphcable law. PAGE 18 Debbie Goettel, Mavor; Kevin C. Busch CEO 'Steve Devich. City M=anager Additions and Deletions Report for AIA Document 6101 TM+ - 2007 (formerly 6151 T"+ -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution. of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:58:08 on 04/01/2009 under Order No.1000355807_1-which expires on 5/9/2009, and is not for resale. User Notes: (1 01 1 92641 9) ~'~~~ .Certification of Document's Authenticity AIA® Document D4C1 TM - 2CC3 I Kevin C. Busch, hereby certify, to the best of my knowledge, informafion and belief, that I created the attached filial document simultaneously with its associated Additions and Deletions Report and this certification at 08:58:06 an 04/01/2009 under Order No. 1000355807_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document BlO1TM- 2007 -Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report: _ ~'~ (Sagned) G"C'a (Title) 3/ ~/off' (Dated) AIA Document D401 TM+ - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by 1 AIA software at 08:56:06 on 04/01/2009 under Order No.1o00355807_i which expires on 5{9/2009, and is not for resale. User Notes: (1 01 1 92641 9) AGENDA SECTION: CONSENT AGENDA ITEM # ]D. REPORT # 82 STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 REPORT PREPARED BY: MYRT LINK, COMMUNITY DEVELOPMENT ACCOUNTANT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: . _ J ITEM FOR COUNCIL CONSIDERATION: Approve transfer of funds from the Airport Noise Acquisition Program Fund for costs related to the relocation, acquisition and demolition of property located at 6645 17th Avenue. I. RECOMMENDED ACTION: By Motion: Approve transfer of funds the Airport Noise Acquisition Program relocation, acquisition and demolition 17th Avenue. in the amount of $54,179 from Fund for costs related to of property located at 6645 II. BACKGROUND The property located at 6645 17th Avenue is the last of the properties to be acquired under an Agreement with the Metropolitan Airports Commission (MAC) entered into October 2005. The total costs associated with relocation, acquisition and demolition are $302,010, of which MAC reimbursed the City for $247,831. This leaves. a balance of $54,179 to be transferred from the Airport Noise Acquisition Program (ANAP) Fund. The ANAP fund originated from grants from the State and from MAC with the expressed purpose being the acquisition of homes in the low frequency noise impact area. 041409 Trans of Funds - 6645 17th Ave III. BASIS OF RECOMMENDATION A. POLICY • It is City policy that transfers be approved by the City Council. B.. CRITICAL ISSUES • N/A C. FINANCIAL • Adequate funds are available in the ANAP Fund for costs related to relocation, acquisition and demolition of this property. D. LEGAL • Funds from the ANAP Fund must be used for costs in the low- . frequency noise area. The property located at 6645 17th Avenue is in this area. E. ENVIRONMENTAL CONSIDERATIONS ' • Prior to demolition, testing was conducted for the presence of asbestos. All asbestos was removed and disposed of properly. IV. ALTERNATNE RECOMMENDATION(S~ • Deny approval of this transfer; however an alternative source of funding will be needed. V. ATTACHMENTS • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~~,- i Location of 6645 17th Avenue South t 6 v w ~ > w Q Q = Q ~--' Q ~ ~ w U 67TH ST E 67TH ST E cn w ~ > w Q > Q _ ~ Q ~ ~ ° ~ U AGENDA SECTION: CONSENT AGENDA ITEM # ]g REPORT # _ 83 STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, FLEET AND PARKS SUPERVISOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase of two new Ford One-Ton Dump Trucks for use by the Park Maintenance Division. I. RECOMMENDED ACTION: By Motion: Approve the purchase of two Ford F 350's with dump box and sander in the amount of $89,887.83 consisting of the following items: • Two Ford F 350 cab & chassis from Elk River Ford for $44,806.77. • Magnum Aluminum Contractor Body from Midland Equipment Co. for $21,425.00. • Two V-box salt spreaders and one Blizzard plow from Stonebrooke Equipment Inc. for $18,413.85 • One Western snow plow from Aspen Equipment for $5242.21. II. BACKGROUND Unit 384, 1995 Ford F350 one-ton truck with dump box and sander, and Unit 415, a 1999 Dodge 3500 one-ton truck with dump box and sander, currently used by the Park Maintenance Division, are fully depreciated and scheduled for replacement. in 2009. These trucks are used primarily in our Park Maintenance operation on a year round basis. Unit, 384 has 57,000 miles on it and was extended 5 years after it was outfitted with a new box. It is extremely rusty and is encountering numerous mechanical problems. Unit 415 has 51,000 miles on it and has had the 041409one-ton dumptruck transmission rebuilt once and is in need of another rebuild soon as it is starting to slip. The box on 415 has been partially rebuilt and should be replaced as it is rusting away and its substructure and corner posts are rotting. Many body parts on the chassis are rusting away or are gone. Purchase of a replacement has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bidder for the type of equipment required is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the low bid price. The City of Richfield participates in this program. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. B. CRITICAL ISSUES • Approval at the April 14, 2009 Council meeting will facilitate delivery of the new trucks. C. FINANCIAL • The approved 2009 budget contains $92,000 for this purchase. • Upon delivery of the vehicles; charges for rust proofing will be deducted from the remaining funds budgeted for this purchase. 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 • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CpNSENT AGENDA ITEM # 7F REPORT # 8[F ~' STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR T/' REVIEW: lam/ REVIEWED BY CITY MANAGER: NAME, TIT/,G SIGNATURIi ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of a change order to Gundlach Champion for the new Maintenance Facility. I. RECOMMENDED ACTION: By Motion: Approve a change order (#009) to Gundlach Champion for a credit (deduct) of $5,251.00 for the new Maintenance Facility. II. BACKGROUND Change order #009 contains 5 items: • PCO 245- additional sweeping and cleaning per staff direction. $1,950. • PCO 246- installation of additional protective bollards in front of the freight elevators. $2,767. • PCO 247- a change in the type of loop detectors used on the overhead garage doors to make them compatible with the security system. $1,650. • PCO 248- a change in the door latch hardware for the lunch room deck doors to meet both fire codes and practical use of the area. $482.00. • PCO 249- deduct of PCO 30; replat of the property. These costs will be paid directly by the City to SEH and not run through the construction contract. As the platting work became more complicated City staff dealt directly with the SEH surveyors. A separate work order for the platting work was issued (outside the Gundlach Champion contract). ($12,100) (deduct) RANDY HUGHES, OPERATIONS SUPERINTENDENT 041409changeorder III. BASIS OF RECOMMENDATION A. POLICY • Change orders to Council approved contracts must also be approved by the Council. B. CRITICAL ISSUES • PCO's 246, 247 and 248 needed to be completed before the Building Inspections Department would allow occupancy of the building. C. FINANCIAL • With approval of this change order there will be $33,924.09 left in the construction contingency fund. A full accounting of all the contingency funds will be provided following the final walk-through later this month. D. LEGAL • Council approval of the new Maintenance Facility change orders is recommended by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the change order if more documentation is requested. V. ATTACHMENTS • Change Order #009. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Owner: City of Richfield Change Order No.: #009 Construction Manager: Gundlach Champion, Inc. Change Order Date: 03-10-09 Project Description: Miscellaneous Extra Work (See Attached Summary) Section I. Describe the Work: Section 11. ADJUSTMENT TO BUDGET Original Budget $11,580,000.00 Previous Change Orders #1 through #8 $ 0.00' This Change Order $ 0.00 New Budget $11.580,000.00 2. ADJUSTMENT TO CONTINGENCY Original Contingency $ 764,270.00 Previous Change Orders #1 through #8 ($_582 587.99 This Change Order $ 5 251.00 New Cohtingency $ 186,933.01 3. ADJUSTMENT TO CONTRACT TIME X Contract Time is Unchanged ^ Contract Time is Adjusted Original Date of Substantial Completion 6/20/08 Previous Change Orders #1 through #7 0 days This Change Order 0 days New Date of Substantial Completion 6/20/08 Upon execution of this document by both parties, the Agreement is modified by, but only to the extent of, this Change Order, which becomes a part of the Contract Documents and is subject to the terms and conditions of the Agreement. Gundlach Champion, Inc. is directed to make the change in the work described above. Gundlach Champion, Inc. shall keep accurate records of the services, labor and materials used to perform the described Work and shall include the cost of such change in its next application for payment in a separate line item. GUNDLACH CHAMPION, INC. Title: Kathleen Hainault. VP Administration Date: 03/10/09 OWNER: By: Title: Debbie Goettel. Mayor Date: ARCH T CT: OWNER: By: By: Title: Stan Owen Project - SEH Inc. Title: Sfeven L. Devich, City Manager Date: ~ 29 •ZOCx~ Date: Michigan • Wisconsin Minnesota A Champion, Inc. Company ~~ ~, w z ° ~ W J ~ ~ 4 -- W ~ O av ~ ~~ ~ =O 1- F. . t- Q z V ~J Oa ~ n. Q Q ~ es ~ ~ ~ i i i i i ~ Z J 0 m ~ ~ Q W a Ef? Efl~ ~} (fl (t} ~ O O O O O O -~ W ~ fD ~ oNp O~ ~ ~ ~ rn ti co ~- .- N W G( e- N ~ (~j eA _ > `-.' 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O Q O e c ~ p V ~ ~ ~ ~ Q > rn rn a O. r ~ uNi rn rn ~ r _ d O d ~ .G d 7 ~ ~ Z p ~ ~ ~ 0 0 tf7 U r p° w RS ~ C + a o o N b a N w ~ O i O ~ ~_ a ~ o a 0 M N ~ N ~ ~ O c0 O ~ ~ LL .a d ~ C O U o ~ ~ 0 0 p ~ ~ ~ ~ ~ N ~ C `~ v N W O ° .. i c o a ~ 4 N Q m U v U i ~ e ~ U m f6 O ~ ~ ~ a ~ o C N y Q p O N c ~ ~ ~ _ O N ~ G1 N ~ C~ ~ ~ U U a U ~ cn y ~ ca C7 e rn o ;~ ~ fff +~+ ~ O N p N ~ N O ao s N c o cv ~ t ~ ~ ~ -- N C p r N ~ . M O l/J r m c U ~ ~ o w ~ `~ C9 a a; •U Q ~ C . R 3 ~ 0. LE. o y ~ ? 0 0 3 a ~ C O 0 ~ O J ? N '++ Q- m w . e " ` t!S ~ ~ i4 ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 Q ~ . O ~ ~ ~ ~ c a . ~ a s wing N ~+ ~ °~ ® ® U Ua e N d ~ d7 N ~ ~ O N ~ Q o o1S R ~ -, ~ i, r O O E C° C. _ •~ C ' . o O v m '~ ~ a V Z lq ~ Q ~' C7 o I a 0 w~ Q c4 a a~ a _.-: ~~' ~' Page 1 of 1 >.:..... _ ; • Z4~ ... :, _:. Scott:McM~` ler - Y .. - . _, _ - ~ _. _. __ . - ._. From ~ .Hallie Dubbe [hallied@advantagecoating com] , . , . ...... . ` .::: ;`Sent: ;. Montlay; December 01;2008.4:35 PM ,~,q ~ ~, ~~~?~ McMyler: _ To Scott `.; .:;,' ; ; :.: ~ : ~~ :~ .: :::;:.. - . : , Sub~ect Rtchfelcl Maintenance Facility GUNaLACN CHAMpIOi~l.1NC ..: :.. ~. Scott= _'- .-. Below is the break down of additional cleariiiig:: 1) bownstairs Garage Two truck hours fo pick up sweeper ,: : - $1.40 00 ~ - . - .:. Two rrian hour's to'picKUp sweeper ~ $100.00 ... : Five Sweepe~:hdia~s . $250.00 ,, ,,. ;Six.man hours.to swee corners and run swee e~ ,. p .... : .; p : $300 00 : ... .. ..: : : •..; .:. .. ,. 2) Main F{oor Garage-.Five sweeper pouf ~. $250 00 r , _ Six man. hours to sweep corners and run. sweeper $300 00 Maintenarice Shdp .Three swe`epe~~ hours. • - . - 3) $150:00" • _; .. _ . _; Four ahtl.a half man hours. to sweep corners and run sweeper :: $225.00 ~..... . _. ,._ . _ ... ~.;': ~4) Upstairs= Fwe an_d a half hours to move things and hand sweep `~.: 75:00: • .. .:. :..:. . •.. _ - O'TAL .. ,• ... T $'1950.00 - . -: ... Please feel free to cal( Jim at 952-556=8720.with any questions. .:... - ,... ,- .:.Hallie Dubbe _ ... .. • :. ,:. . _ ,. :. :. Advantage Coati~ig, Iri~c. .: - _:.. 952=55G-8720 .:.: _ : .. F - ~ Page 1 of 1 Scott McMyler ,~~~ ~~ From: Hailie Dubbe [hallied@advantagecoating:com} Sera: Thursday, August 21, 2008 2:22 PM To: Scott McMyler Subject: Richfield Maintenance Scott- This is a breakdown of the additional charges at Richfield Maintenance Facility. 1) 5.5 man hours to move things and sweep upstairs area. 2) 18.5 man hours to sweep three areas in the parking garages. 3) 15 hours sweeping machine use. Labor- $1,200.00 Sweep- 750.00 Total-$1,950.00 Time and Materials to grind crack upstairs Diamond cupwheel-$125.00 Man Hours- X250.00 Total-$375.00 Piease let Jim know if you need anything else. Hallie Dubbe .A.dvantage Coating, Inc. 952-55G-872Q 11/3/2008 ~ ~ ~ ~ °pQ~ ~ ~./ Z O U ro w N a ~ a m ~ ~ ~ o U C7 n~4q 0 \V ~ .}.d N ~ U AA~ ~ 6.J. ~ N .~ N ~~ ~... ~~„ ~ ~ ~ O ~y U _ O i U v L _U ~~^~P ~ c ~ d m n~ y~~ o ~ N N N N .Q U Q Q a m c V ~ L ~ -~ d o E v ~ ~ p Q ~ ~ N N C7 U V ~ ~ o . ~ Q m ~ m LO f V N 07 t~D cn0 Q ON ~ n Q ~ N N O 0.. O ~ d L ~ ~ p V ~ N •p 0 0 ~ ~ ~ ~ R m ~ ~ ;, Q ~ ~ ~ W .~ ~ ~ n N C CV Q. t~ ~ O O o ~ ~ OL. ~ M v N '~' C ~ ~ N O r r O <D 7 i n' x ++ ~ uf°.. W p ~ V ~ ~ .u ~ ~ O O M C ~ ~ N V ~ E ;F C U , V7 O ~ y ~ O 'O N 0. i- ~ Q m U f~ ~ m ~ N ~ y ~ ~ O ~ +~+ N C7 O c N N O N O - d ~ O U .° ` m ~ ~ m w C o O °' 0 O ~ N ~ N ~ O N ~ O N N 3 ~F L e_" ~ y V r I ~ N c U a~ m ~~ W ~ ~ Q ~ I ~ O O U ~ ~ ~ 07 = C ~ f0 oc C O U w J C ~ N A N ~ ~ ~~ ~ f C ' Z ~, 'II ~ d y = 'O w~ ~ ~ ~ W E N N ~ o ~ Z m °' °' E O S ~. ~~ C r w~ 0. U Z eA ~ Q ~ G~ o°u. m N (6 4 f0 iQ N N N U m 0 O O f+'S c 0 'O N c d 0 0 a Q7 f6 ~. 7 ~r~ „Scoff 6VIcM ier /~C ~ 0~.-~~ C-~cD~ ~ L'.rS~ From: Joel Hempel [jhempel@northlandcm.com] Sent: Friday, November 07, 2008 4:08 PM To: Scott McMyler Sc~t~ject: Extras for filling bollards with concrete ~ ~ C ~ ~ ~ ~ ~ Attachments: SCAN4521 OOO.pdf L~~1 5CAN4521_000.pdf (1 MB) GUNDLACH CNAMPIpN 1NC Scott, Attached are the extra costs for filling 12 pipe bollards with concrete and for the extra joint sealants at the slab on grade. Call me with questions. ' Thanks. Joel Hempel -----Original Message----- From: ColorCopier@northlandcm.com [mailto:ColorCopier@northlandcm.com] Sent: Friday, November 07, 2008 4:20 PM To: jhempel@northlandcm.com Subject: Scanned Image 1 w t- z QQ L1J ~ ~ 1 i L"1 N N ~ .m ru O z ~ ; 0 o ~ `~ ` wJ Z w A w' .~ ~: a ~'. °:~~ R7 'Ifi: ~, O. , ~w~ w>~ :~ ~ `~ ~` v ~, C~: Q ~. ' ~. ~:,: +/O' tea; ti ; o ~ °o ~ ~,, , o ~ AO . 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EVliscellarloous fllfasonry;Material' Lisfi'T'yjie ~tuaritity B1o:eksC.MU " Hrlcls' Stare [~-ort'ar FeCt'F?.aper Ftignid, fnsulatlon S~~v.'j::... :Bat~~;eam 4' x ~ + ~Gorefltl ~ I~;etaar ' Ffashit~g Vlfeeps .. [3owels. Miscellaneous l~Iisce(laneous Hates: Signa~ Signal Date: ~. ~~~ I~ta>r>h,~a~;d _~~aac~~te Vii: ~I:ai,~ +Cogn~~n~. ~ii>r~.e a~,d.1Vl~terial . ~'ie~d Ch~.ri ~ ~rde~ ~ n No,~~'Hl,a~lD~ CQ~C~ETF g ~~ ~~ • ~~-~© _ ~ ! l~to>r~hlaaad Concrete ~ IVla~onry Coalm~rari<y Mme and Material ..... . . „,...~ :Field Chan a C~rcier :rr~:. • 2 N~O~:T:F~CAND EQN:C:RE~Tf g ~:,,~ .& iNASOhIRY:COMPAMf; l:LC JJ - . 1 • ~ r/.~ P gib,- , Project>Name':andNumber. rG~; ~c ~t~. C"+~~"C:` ~- .. ;.. Description :b~ Vltork; .~., i` ~ ~ ~.:~; .. Lebor Monday Tuesday Wednesday 'T'h~rsclay: Frfiday .. Satiird:~y Date ~ ~ ~~.~ .Brick Foreman Brickiayer 'Laborer'Foreman ~,.. . ...., 1_a~~orer Operator FirifSher Foreman ~ ~~~ Finisher Carpenter Foreman Cerpenter l'ruck: Braver Superintendent Sulcont~acEor . .. . . .. Masonry fVlaferial tlst,Type. Quantity Black CM:U 'Brick =Stone Nlartar Felt :Paper Fligid .lnsulatlon Bi~rid;Beam Corefitl Reb.ar Flashing Weeps ]owels fVi'iseeilarteous Nfiscel]aneous Concrete .~la#erial List.`Type quantity Equipriient ~uanfity Hours .tassel Rebar Material Bobcat:. . orlm :Material FDrklitt Syrnon Fran .Form `Rental F3o#o. Hammer Coric`r..ete w/mix .t1~ # Btoci~ Saw .. ,.. 'ire :Mesh Crane :...... . dOW@~5 'ScafiOlding Mlsceilaneaus ~ Ca d;c ~. c ~, ~ ~ Miscellaneous i~totes~ t Signature: ti;..'~: . M Forernarl: Signature: G.C•: yperinteritlant Rafe: ~~~~ ~~} ~ ~ L a ~ ~ ~ z L ~ O U IE Q ~ ~ ~ o V ~ w 'F"' v) ~ U ~ _ .~ L° (~> ~_ ~ ' ~ s.. O ~ ~ ~ o C U (!1 .,.tom C '^~ U U N C tB :.c _U O .g E ro U L U f6 'Q C a 0 M d' N ~ _N O O n X ~ LL .C O ~ 7 ~ /Ury o V M ~ N tai d O ~O a` ~ C O r v aL+ t N ~ O (n U ~ ,~ ~ ~~ Q V' O d vw C ~ ~ O ~ J C ~ '~ N ~ ~ ~ ~ 'a ~ O t Q: Wd' ~~ i ~ N ~~~ ~ ~~ U a r r Q c °~' ~ o V ~ ~' Z 7 C ~ ~ ~ ® ~ ~ `- 0_ ~ Q I ~ ~ ~ ~ ~ ~ N ~ ~ ~ y ~ ~ O Q Q. O ~ ~ ~ m Z L. ~ ~ O ~ y ~ 0 0 U ~ ea w ~ N O O L1J N f~D (~O ° r- '= n. 0 L 7 O Y O V d v d d d L Y ~ ~ O O ~ Y -~ u 1 O ` W ' ' U R ' d ~ ~'' O ~ N ~ Q m U .~ LL N $ d ~ z ~ m ~n a0-~ O `~' O N N 7 d O „ ~ c v 3 m ~ O ~ ~ o N o O N ~ O ~ ~ N C'J N > N O o` I ~ d a o n C O J 'w ~ I Q ~ ~ V ~ N ~ ~ ~ ~ ~ N ~' ~' ~ ~ ~ ® ~ p ~ ti ~ ~ O N f_L6 _ d N O ~ ~ ~ ° L ~ m ¢ a .N w C Q. ~ C Z 4. V Z fn ~ Q =' C7 °o as w m .n m 0 a~ ti ca U rn 0 0 N O M C 0 c 0. d R 0 O a ro n. .~ ~. ~ ~7~'-rte API GARAGE DO®R Si'®RE 900 West Division Street Waite Park, Mn 56387 Toll free 1-800-8643816 Telephone: (320) 251-7000 Fax: (320) 251-0945 FF~ ~ 6 2t~0~ GUNDi_ACt~ CHAMPION iNC Proposal #: 1-43 PROPOSAL SUBMITTED TO: Date Attention Gundlach Champion 2/1/2009 STREET Job Name 600 E Lakeshore Drive Richfield Mairitenarice Facility City State ZipCode Job Location Houghton MI 49931 Richfirld, Mn Phone Number Fax Number Job Phone rUl-tN15N ANU UtLIVER: (5) - NP-2 Fail secure Loop detector 110 V We hereby propose to complete in accordance with above specification, for the sum of: One Thousand Six Hundred Fifty Doitars and Ato Cents X1650.00 Signature Jeff Garison Direct Diai: (32D) 251-7000 Payment to be made as follows: Prices subject to change if not accepted in 30 days. BY OTHERS: Jambs, spring pads, all wiring to motors and control stations, unless otherwise stated above, are not included.Purchaserogrees that doors shall remain in Seller's posession until paid in full. In the event Purchaser breaches or defaults under the terms and provisions of this Agreement, the Purchaser shall be responsible for the costs of collection, 'including reasonable attorneys' fees. There shall be a 1 1/2% service charge per month for alt payments due and awing after 30 days. (Agreements are contingent upon strikes, accidents, or delays beyond our control.) ACCEPTANCE: Terms, Price, and specifications an all pages of this proposal are hereby accepted and the work authorized. Purchaser: Signature Tale: Date of Acceptance Rage 1 of 1 '7 ~- f.~ Lindsey Anderson .~.°-~~ Page 1 of 1 From: Scott McMyler Sent: Tuesday, February 10, 2009 8:30 AM To: Lindsey Anderson Subject: RE: Richfield Maintenance Set it up as a pco for the owners review 'rom: Lindsey Anderson gent: Friday, February 06, 2009 11:58 AM b: Scott McMyler subject: RE: Richfield Maintenance Scott, this already a PCO? :hal(I send them a subcontract change order in the amount of $1,650.00? indsey Anderson ieid Engineer 9undlach Champion, Inc. 00 East Lakeshore Drive, Suite 300 foughton, MI 49931 hone 906-482-2480 ax 906-482-8862 oll Free 800-743-0603 Anderson@gcfirst.com ww.gcfirst.com rom: Scott McMyler ent: Thursday, February 05, 2009 5:51 PM a: Lindsey Anderson ubject: FW: Riehfield Maintenance ire is the API Garage door store extra they are asking far -Scott •om: Jeff Carlson [mailto:jeff.carlson@gdsmidwest.us] ant: Monday, February 02, 2009 2:34 PM r. Scott McMyler abject: Richfield Maintenance :re is the bill on the loops. Any question please call me. Thanks ff Carlson 'I Garage Door Store ~0 West Division Street aite Park, Mn 56387 20)251-7000 ~.,,,~~ r ~ ~ ~j tl APt GARAGE DOOR STORE 900 West Division Street Waite Park, Mn 56387 Toll free 1-800-864-3816 Telephone: {320) 251-7000 Fax: {320} 251-0945 Proposal #: 1-43 PROPOSAL SUBMITTED TO: Date Attention Gundlach Champion 2/1/2009 STREET Joh Name 600 E Lakeshore Drive Richfield Maintenance Facility City State ZipCode Houghton t Job Location M 49931 Richfild, Mn Phone Number Fax Number Job Phone FI IRNICI-7 on~n nci ~~i~a. (5} - NP-2 Fail secure Loop detector 110 V We hereby propose to complete in accordance with above specification, for the sum of: One Thousand Six Hundred Fifty Doilars and Ho Cents $1650.Q0 Signature Jeff Carlson Direct Dial: (3201251annn t~ayment to be made as follows: Prices subject to change if not accepted in 30 days. BY OTHERS: Jambs, spring pads, all wiring to motors and control stations, unless otherwise stated above, are not inciuded.Purchaserogrees that doors shall remain in Seller's posession until paid in full. In the event Purchaser breaches or .defaults under the terms and provisions of this Agreement, the Purchaser shall be responsible for the costs of collection, including reasonable attorneys' fees. There shall be a 1 1/2% service charge per month for all payments due and owing after 30 days. (Agreements are contingent upon strikes, accidents, or delays beyond our control.) Price, on au pages of this proposal are hereby accepted and the Purchaser: Signature Title Date of Acceptance ~~_~~ Page 1 of 1 ~ ~ L ~ `- Z3 z L ~ ® U f6 ^, W W ~ C ~° Ca ~ ~ o U +~ N ^`~ O .~ L 6.1~ ' .~ N .~ N Q ,~_ k.. 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',' ,. 7i . •. 4~ ..? ~•r ~• 'H; j . 'ti) • ~.. ,•` - •.1 ~•i'. •..L;' 1 •'.i. •~: .If!•y'a '•'r • • •. 1 '1i ^t`~ •. t:, rl • 1 J : V %- ..~'•.. 1•~• 1 • ~.12, • •'~' .S :rt • ' . ~•:.~ . , T•• ..J' '• 1~ 't '. ••t. ~t''1 .1^1' - '.'~. 'i~. Yy L VV~ a w~ti.'' . ~/1 /~ ..t i .~`t • 't .I~ '`y1 .`•A'~ • ..Ya .t'. ~.• .4.. .s .~~. ti: i _ i~~t~g~~~~r ~~~~~r~~:~ Michigan -Wisconsin -Minnesota www:gcfirst.com ~ ~- ~ Subcontract Change Order. Detailed, Grouped by Each Number Richfield Maintenance Facility-Construction Project # GCI.loin#07-015 Gundlach Chainpian, Inc. East 66th Street & Longfellow Avenue South Tel; 612-243-0166 Fax: 612-243-0167 Richfield. MN Date: 2/24/2009 To SubcontractorNendor: W.L. Hall Co. 530 15th Avenue S. Hopkins, MN 55344 Architect's Project No: Contract Date: 5/10/2007 Contract Number: 07015-09 Change Order Number: 006 The Contract is hereby revised by the following items: Hardware Exchange & Add Door Sweeps -Phase #8-405-010 PCO Item # Description Amount 248 001 Hardware Exchange -Authorized by Richfield Bldg. 377.00 Inspector 248 002 Add 6 Door Sweeps -Requested by Randy Hughes 105.00 All terms and conditions of the original contract remain in effeot Scheduled completion is not changed. Please sign below and return a copy to Gundlach Champion, inc. A photocopy or other reproduction of a signature, including a signature communicated by fax or optical scan or other technology shall have the same legal effect as an original signature. The original Contract Value was .................................................................................................... 344,720.00 Sum of changes by prior Subcontract Change Orders .................................................... 6,332.43 The Contract Value prior to this Subcontract Change Order was .............................:............. 351,052.43 The Contract Value will be changed by this Subcontract Change Order in the amount of ................. 482.00 The new Contract Value including this Subcontract Change Order will be ................................ 351,534A3 The Contract duration will be changed by ............................................................................... 0 Days The revised Substantial Completion date as of this Subcontract Change Order is ........................ Gundlach Champion, Inc. W.L..Hali Co. CONTRACTOR 600 East Lakeshore Dr Houghton, M[ 49931 Address By James Ebli SIGNATURE ~ ' DATE ;~ SUBCONTRACTORNENDOR 53D 15th Avenue S. Hopkins, MN 55344 Address By Tom Stark SIGNATURE DATE Prolog Manager Printed on: 2/24!2009 GCI Master Database Page 1 ~~'~ c a Ir un--~~ ~i i~ ~-~~ ~ ria r r e~ r~ ~r i.r ~- i ~ ~ i~ ~r ~ s ~ f~ iiiirr ~ i O ®R Y° d P ~~~ '11 ~I r'~ ~~ ~~~ ~~ '~~ ~~~ ~~ G~.l~'ae ~®®~ St®xe September 12, 2008 Gundlach Champion 600 E Lakeshore Drive Houghton, MI 4993 i RE: Richfield Maintenance Facility Overhead Garage Doar Operators Change Order #: 003 Scott, Loop detectors provided are fail safe to ensure a safe exit if the system should fail to allow for escape and not cause entrapment. This inherent design is a standard in the door indllstry. The specifications referred to providing loops for activation to operate doors , and nothing else. The fail secure loop detectors are used only when requested to keep the doors secure and not open during power interruption. Garage I3, oar Store.proy. ided, these special loops at your request and we .are not responsible for any~addition.al wiring needed. To date, we have not received the origuzal loop c].etectors back. This will incur an additional charge if not returned. Please contact me if you have any questions. Sincerely, ~c~~~'~v~--~" ~}~ asr~s t~~~e~.-~.-. .~~ 7e Carlson Garage Door Store 900 W. Division Street Waite Park,11!IN. 5638,7 , , . , 32.0-25,1,-7000,. :,;;;._...'.:;;r.: ..~ .,•:,:. „ ... ~ ~ ... j eff:earlsgn@gclsmidyyest ~u s . ~ .. ;. ~. . , . , :' , , ... ; .. • ~ ; : ~ ~ . a ... :i;. ~~e ~'m ~i~i~~A~Fi ~6-1A~li~f~N €t~~;. ~~. ~ ~Kt ~rtai( 900 W. Division St. ° Waite Park, MN 56387 • (320) 251-7000 ° FAX: (320) 251-0945 ~ `N ~ ~ ~ ~ °a z ~ ~ O U f9 W TT~~ ~ V! Q O U ~ (~ C ~~ ~ ~ U ~ L a~ .~ N 0 ~"i.~ s,,.. -: ~ } ('L{ C ~~ ~' ~ o t33 c t? ~~ ~ c ~- N U C tB U c 0 .Q E s U V t4 C 7 0 r~ v N 1q N r r O CD n' X ~ ti .Q O m ~ ~ U o (7 r~ ~ N V .N- N c0 O !1. 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O~ ~ a ~ ~~ N m ~ ~ U ~ ~ a t~ ~ Q ~ C7 0° ~ m N fq fII f0 d N l6 ~U L~ O O N O ch c 0 a a~ c a d 0 0 a o~ m a SEH January 13, 2009 Mr. Randy Hughes Operations Superintendent Department of Public Works 7700 Pillsbury Avenue Richfield, MN 55423 Dear Mr. Hughes: .~~-a~ RE: City of Richfield Richfield Maintenance Facility Plat SEH No. A-RICHF0802.00 SP I am writing to request a budget modification for the above referenced project, a copy of the original signed contract is attached to this letter. The original "Scope of Work Part One" is nearly complete with the exception of the highway easements to be vacated and the. final plat review by Hennepin County. The original SEH contract fee to provide the survey services was agreed to be a lump sum amount of $8,500. At the present time, our cost to perform said scope of work has exceeded the estimated amount due to the _ _ .follo-wng nriexpecred creh~stanees~:. , , ~.... We received legal descriptions and title documents for the property which were prepared by others. These descriptions were apparently acceptable for recording and transferring of the property. Based on these documents we prepared the plat as normally required for approval. Upon review by the Hennepin County Surveyors office, we were informed that the descriptions were to confusing and should be re-written to make them easier to follow in the platting process. After many discussions with County Staff, we were informed that Eric, from the Examiners Office, had made a decision that the description would need to be re-written to clean up the "cloudy description". We did re-write the description which was not part of the original scope. Also due to the complexity of - the original descriptions, there was an enormous a i ~ count of text. and graphics associated with the plat which were required to be shown: After the re-write, a major revision of the graphics and dedication sheets needed to be re-drafted to more closely follow the new description. Also the County informed me that a section corner in the airport property, which did not have a current certificate of location form on file, would have to be recorded with them before they would approve the ..plat. This form contains documentation and graphics which would allow future surveyors to locate the corners position. This also was not included in the original scope of work. After researching this corner (contacting a surveyor from another company, reviewing other survey information and discussions with MnDot surveyors) it was discovered that the bearing for the east=west quarter line as used in the legal description prepared by MnDot survey division, did not fit the corner position as used by others. This led to another plat'revision along with preparing the certificate of location for the corner in question. Short Eiliatt Hendrickson Inc:, 3535 Vadnais Center Drive, St. Paul, MN 55 1 1 0-51 96 SEH is an equal opportunity employer ( www.sehinc.com ( 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax ~~~~~ . Mr. Randy Hughes January 13, 2009 Page 2 Recently we have been trying to complete the vacating of the highway easements over part of the plat. Additional sketches and descriptions have been prepared to facilitate these vacations. This also was not included in the original scope of work. All of the above unforeseen developments have caused the scope to expand and the cost to creep up as we forged ahead to get the plat completed. I am not aware of other issues. on the horizon which would change the scope further. Our cost to date is $15,687.23, or $7,187.23 over our original budget. (There will be other costs passed on to you, such as $300 plat checking fee and the reproduction cost to prepare the Mylar's suitable for recording, as stated in the original agreement.) At this time we respectfully request approval for an increase in the original fee for Scope of Work Part One. The fee to provide those services as performed should be modified from the original amount to a fee of $16,700. Sincerely, SHORT_ELLIOTT HENDRICKSON INC. Allan L. Everson L.S. attachment AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # 9 REPORT # g rj ~~ STAFF REPORT CITY COUNCIL MEETING APUIL 14, 2009 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITZE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of transitory ordinance providing funding for certain capital im rovements from the S ecial Revenue Fund. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain ca ital im rovements. ~ II. BACKGROUND • At the December 9, 2008 City Council meeting, the City Council authorized $450,000 of Special Revenue Funds for improvements to City recreation capital improvements in 2009. • At a City Council Worksession on February 24, 2009, the City Council redirected the original authorized $450,000 of Special Revenue Funds to the following allocation: • .Outdoor Pool Renovation Loan Repayment $103,800 • Major Park Maintenance Projects $ 50,000 • Lincoln Field & Other Ball Field Improvements $271,200 • Ice Arena Parking Lot Reconstruction $ 25,000 • Finally, the 2009 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including, municipal state aid, user fees, federal grants and state grants, however, authorization by ordinance is not required for expenditures other than Special Revenues. 04142009TransitoryOrd III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. It is prudent to complete the ordinance requirements early in the year so any capital projects planned can be initiated on a timely basis, completed and funds expended. This needs to be completed promptly so payments can be made for projects authorized. 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 as reallocated by the City Council at the February 24, 2009 City Council Study Session is shown below: Outdoor Pool Renovation Loan Repayment $103,800 Major Park Maintenance Projects $ 50,000 Lincoln Field & Other Ball Field Improvements $271,200 Ice Arena Parking Lot Reconstruction $ 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 • First reading of the ordinance was approved at the March 10, 2009 City Council meeting and a notice of public hearing was published on April 2, 2009. E. ENVIlZONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could postpone the second 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 the special revenue in the CIB. V. ATTACHMENTS • Ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. 9- 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 Major Park Maintenance Projects $ 50,000 Lincoln Field & ,Other Ball Field Improvements $271,200 Ice Arena Parking Lot Reconstruction $ 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 14th day of April 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 PROP. ORDINANCE 10 86 REPORT PREPARED BY: DEPARTMENT DIItECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS LINK, STREET MAINTENANCE SUPERVISOR ITEM FOR COUNCIL CONSIDERATION: Consideration of the first reading of an ordinance relating to diseased tree removal; amending Section 910 of the Richfield Cit Code and schedule the second readin for A ril 28, 2009. I. RECOMMENDED ACTION: By Motion: Approve the first reading of the attached Diseased Tree Removal Ordinance amending Section 910, Subsection 910.15 of the Richfield City Code and schedule a second reading on April 28. 2009. II. BACKGROUND At the March 10, 2009 City Council Worksession, staff asked for guidance on diseased tree removal in general and on the 20-day diseased-tree-removal ordinance, specifically. The Council directed staff to have the ordinance amended to discontinue the 20-day diseased-tree-removal policy. The proposed change is consistent with the recommendation of the Community Services Commission unanimous recommendation to remove the 20-day diseased tree removal limit from the ordinance. The new ordinance will allow the Public Works Director to determine the time limit for removal depending on the level of threat presented by the specific tree disease. III. BASIS OF RECOMMENDATION 0414TREE Ordinance 1SRead A. POLICY • Minnesota State Statute does not specify a diseased tree removal time limit. B. CRITICAL ISSUES • For more than three years, City staff has not been able to remove Dutch Elm Diseased (DED) trees within 20 days. • This backlog of DED trees calls into question the present policy of a 20-day removal when residents are required to remove DED private trees within this 20-day period. C. FINANCIAL • Amending the ordinance will allow residents and the City to reduce the cost of removals, and may provide budget cuts needed for 2009 and future years. D. LEGAL • This ordinance amendment was written by the City Attorney. • There are no legal issues known at this time that would affect passage and implementation of this ordinance. E. ENVIRONMENTAL CONSIDERATIONS • Diseased trees need to be removed to maintain a healthy environment. IV. ALTERNATIVE RECOMMENDATION(S~ • Direct the Community Services Commission to hold a public hearing to receive comments from the public. • Do not change the ordinance. V. ATTACHMENTS • Proposed Amendment to Ordinance Relating to Diseased Tree Removal. VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None anticipated /~~! BILL NO. AN ORDINANCE RELATING TO DISEASED TREE REMOVAL; AMENDING SUBECTION 910._15 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 910.15 of the Richfield City- Code is amended to read as follows: 910.15. Abatement of plant pests; nuisances. In abating the nuisances defined in this section, the Public Works Director shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated to destroy and prevent as fully as possible the spread of plant pests. The abatement procedures shall be carried out in accordance. with current technical and expert opinions and plans as designed by the commissioner of agriculture.. Whenever the Public Works Director finds with reasonable certainty that shade tree disease exists in any tree or wood on private property in the city, he shall notify the owner if it is nn .pri~cate of the property by certified mail or hand delivery, that the nuisance must be abated within a specified time period as determined by the Public Works DlreCtOr 7(1 ria~,c altar nntifiratinn of tha nrnnartv n~ninar_ If the tree or trees have not been removed within the time 2Q._da~c period specified in the notice to the owner, the Public Works Director shall abate the nuisance within ~n ~a~~~ and the cost of abatement shall be assessed against the property. A tree with shade tree disease located on public property shall be removed within ~n ~a ~c after identification by the Public Works Director. Sec. 2. This ordinance shall be effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 28th ` day of April, 2009. ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: pROP ORDINANCE AGENDA ITEM # 11 REPORT # 87 ~~' STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a motion to repeal the development moratorium currently in place in the Penn Avenue Corridor. I. RECOMMENDED ACTION: By Motion: 1) Conduct a First Reading of an Ordinance repealing Richfield City Ordinance No. 2008-19 and schedule a second reading for April 28, 2009.- 2) Adopt a resolution authorizing Staff to begin accepting development applications for properties within the Penn Avenue Moratorium Area. II. BACKGROUND On September 11, 2008 the City Council adopted an Ordinance and approved a resolution to establish a development moratorium in the Penn Avenue Corridor area. The purpose of that moratorium was to allow time for the passage of development regulations and guidelines that were reflective of the Penn Corridor Revitalization Master Plan. Specifically, those regulations and guidelines are a Comprehensive Plan Amendment, Design Guidelines, new zoning regulations for the area and a rezoning of area properties. The current status of each of these activities is as follows: 041409 Moratorium Repeal Comprehensive Plan Amendment: Submitted to the Metropolitan Council for their review on December 30, 2008. Metropolitan Council issued a letter to the City on March 13, 2009 indicating they found the Plan complete for review. Per state law, the Metropolitan Council has 120 days, or until July 4, 2009 to complete its formal review of the Update. At present, the tentative schedule is for the Update to be brought to the full Metropolitan Council for review on May 13, 2009. Results of preliminary Metropolitan Council review find no issues pertaining to the Penn Corridor. Design Guidelines: Approved by the City Council on October 28, 2008. Rezoning: Approved by the City Council on March 24, 2009. The Ordinance will take effect 30 days following the publication in the Sun Newspaper. The purposes for which the development moratorium were established have therefore been accomplished and it is staff's recommendation to repeal the development moratorium. III. BASIS OF RECOMMENDATION A. POLICY • The City Council adopted a development moratorium for the Penn Avenue Corridor on September 11, 2008. • The purpose of that moratorium was to allow time for the completion of a comprehensive plan update, creation of design guidelines and a rezoning of the area. • All of the above activities have been completed as of March 24, 2009. • Unless terminated earlier by action of the City Council, the development moratorium will be in place until September 11, 2009. • When the moratorium was adopted it was the stated intent of staff and the City Council to terminate the moratorium as soon as the reasons for its establishment had been addressed. B. CRITICAL ISSUES • There are at least two outstanding development proposals that cannot be advanced by private parties until the moratorium is repealed or the City Council grants them an exception from its terms. C. FINANCIAL • N/A D. LEGAL • Legal council has provided guidance as to the repeal of the moratorium. • A first and second reading of the proposed ordinance repeal is required. • City Council can direct staff to begin accepting development applications prior to the repeal becoming effective. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not adopt the resolution repealing the development moratorium allowing the moratorium to expire on its own on September 11, 2009. V. ATTACHMENTS • Ordinance • Resolution • Map showing the area affected by the development moratorium VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 2008-19, TERMINATING THE MORATORIUM ON DEVELOPMENT IN THE PENN AVENUE CORRIDOR Sec. 1. Ordinance No. 2008-19 is hereby repealed. Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the Richfield City Council this day of , 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk l +~ CITY OF RICHFIELD STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION CONCERNING THE MORATORIUM ON DEVELOPMENT WITHIN THE PENN AVENUE CORRIDOR BETWEEN HIGHWAY 62 AND 68TH STREET WHEREAS, in September 2008 the City Council adopted Ordinance No. 2008-19, establishing a moratorium on development for a portion of the City ("Moratorium Area") while planning studies were conducted to determine the appropriate land use controls that should apply to properties that met certain characteristics; and WHEREAS, the purpose of the studies to be conducted included, but were not limited to determining appropriate land use and development standards that should apply to such property and determining the .changes, if any that should be made to the City's official land use controls, including but not limited to the City's Zoning Ordinance, Comprehensive Plan and Capital Improvement Plan; and WHEREAS, said planning studies have been completed and subsequent changes have been made to the City's official land use controls, including but not limited to the City's Zoning Ordinance, Comprehensive Plan and Capital Improvement Plan; and WHEREAS the City Council finds the reasons for establishing the moratorium no longer exist; and WHEREAS, the City Council has approved first reading of an ordinance to repeal Ordinance No. 2008-19 and desires to allow applications to proceed pending final adoption of the ordinance to repeal the moratorium. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota that City staff is directed to accept and process applications for development within the Moratorium Area, pending formal repeal of Ordinance No. 2008-19. Adopted this 14th day of April, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 041409 Moratorium Repeal f l- Penn Avenue Moratorium Area. 64TH z ~ O ~ a~ O ~ ~ ST W 66TH ST W (CO RD NO L~ 67TH ST W 68TH ST W 63RD ST ~ ~ ~ ~ > > > Q Q Q 64TH p Q Q ~ O Y Z ~ J ,v, FOREST DR Q Z i O n ~ W Z AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING APRIL 14, 2009 . OTHER BUSINESS 12 REPORT PREPARED BY: SEVEN L: DEVICH, CITY MANAGER NAME, TITL REVIEWED BY CITY MANAGER: .w~ ~. ~~ .ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of the Schematic Design Concept for the new Police/Fire/City Hall Facilit . I. RECOMMENDED ACTION: By Motion: Approve the Schematic Design Concept for the New Police/Fire/City Hall facilit . II. BACKGROUND 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, 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. At the April 9, 2009 Special City Council Worksession, Wold Architects and Engineers presented the proposed schematic design concept for the new facility. 0414CityHall This provided an opportunity for the City Council to review and discuss the design concept prior to formal approval Wold Engineers and Architects will attend the April 14, 2009 City Council to present the proposed schematic. design concept. III. BASIS OF RECOMMENDATION A. .POLICY • The next step is for the City Council to officially approve the schematic design concept before proceeding with the construction process. B. CRITICAL ISSUES • This design contemplates and integrates the pertormance standards provided by Orfield Labs for this project. C. FINANCIAL • A delay in the process could result in increased construction costs. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • The design is sensitive to green issues associated with building construction. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could postpone approval of the schematic design concept , however, this would result in a delay of the construction process:. • The City Council could direct Wold Architects and Engineers to revise the design. concept and return to the City Council for approval at a future meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Wold Architects and Engineers representative. CITY OF RICHFIELD, MINNESOTA Office of City Manager April 9, 2009 Council Memorandum No. 5~ The Honorable Mayor and Members of the City Council Subject: Velmeir/CVS Proposal for 6528 Penn Avenue (Worksession Agenda Item No. 1) Council Members: The Velmeir Companies (acting as developers for CVS) have requested that their request for an exception from the Penn Avenue moratorium be continued to a later date. It is their intent to withdraw this request upon the rescinding of the moratorium ordinance (scheduled for City Council consideration on April 14, 2009). It is Velmeir's further intent to apply for a Planned Unit Development (PUD) approval on the site. The representatives of Velmeir, however, wish to determine whether there is sufficient support from the City Council to warrant their expenditure of time and funds before submitting the PUD application. The developer has requested, therefore, to present their concept plan to a special City Council Worksession to be held immediately following the conclusion of the regular City Council meeting on Tuesday, April 14, 2009. SLD:cak Email: Department Directors Assistant to the City Manager