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11-05-05 Agenda
CITY OF RICHFIELD, MINNESOTA MONDAY, NOVEMBER 7 2005 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. Call to order Roll call 6:00 - 6:20 p. m. 1. Discussion regarding elected officials out-of--state travel policy (Council Memo. No. 141) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special Concurrent City Council/HRA/Planning Commission Worksession of October 19, 2005 and (2) Special City Council Meeting of October 26, 2005 PRESENTATIONS 1. Recognition of Metropolitan Airports Commissioner Kari Berman's efforts to help secure Metropolitan Airports Commission's funding to assist with purchase of four homes in Richfield in the 65 DNL noise contour 2. Annual meeting with Arts Commission 3. Presentation: by Rick, Jabs, City Hall Task Force Chair COUNCIL DISCUSSION 4. Council discussion • Hats Off To Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of agenda CONSENT CALENDAR 6. Consent Calendar contains several separate items, which are acted upon by 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 resolutions levying special assessments for nuisance abatement and weed destruction against certain properties S.R. No. 200 B. Consideration of approval of scheduling public hearing on December 13, 2005 for renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2006 for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Pu'hket Thai Restaurant; Aribel's Restaurant; Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill; The Noodle Shop-Colorado Inc. dba Noodles and Company S.R. No. 201 C. Consideration of approval of scheduling public hearing for December 13, 2005 for renewal of on-sale intoxicating and Sunday liquor licenses for 2006 for MDM EAR dba Backyard Bar and Grill; Khan's Mongolian Barbeque; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 dba Four Nickels .Food and Drink; Don Pablo's Operating Corporation dba Don Pablo's; Champps Operating Corporation dba Champps Sports Cafe; Wiltshire Restaurants, LLC dba Houlihan's Restaurant & Bar; The Frenchmans; and Taco Morelos S.R. No. 202 D. Consideration of approval of scheduling public hearing on December 13, 2005 for renewal of pawnbroker and secondhand goods dealer licenses for 2006 for Metro Pawn and Gun, Inc. and Capital Cash, LLC dba Hy's Pawn S.R. No. 203 E. Consideration of approval of hiring engineering services from Bonestroo, Rosene, Anderlik & Associates to prepare plans and specifications for water treatment facility lime sludge press replacement project for fee of $35,700 plus related reimbursement expenses S.R. No. 204 F. Consideration of approval of bid minutes/tabulation and award contract to Hawkins, Inc. for 200 tons soda ash for water treatment for 2006 in amount of $62,294 S.R. No. 205 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: RESOLUTION 8. Consideration of resolution levying special assessment for improvements to abate public nuisance at 7601 Lyndale Avenue Staff Report No. 206 Notes: OTHER BUSINESS 9. Consideration of professional services agreements with Conworth, Inc. and BCL Appraisers, Inc. for acquisition and appraisal services for purchase of four properties for new 17th Avenue and East 66th Street intersection Staff Report No. 207 Notes: 10. Consideration of consultant agreements with WSB & Associates to prepare final design of intersection improvements at 66th Street and Portland Avenue and 66th Street and 17th Avenue Staff Report No. 208 Notes: 11. Consideration of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five year term Staff Report No. 209 Notes: 12. Consideration of ranking of State bonding project requests Notes: 13. City, Manager's report Notes: Staff Report No. 210 CITY MANAGER'S REPORT 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: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 OTHER BUSINESS 12 210 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: ,r;~~:` r REVIEWED BY CITY ~~ ~ ~ " _ _ MANAGER: .~~ ~ ~% d-%~.,~~ ~ ~. .~~f .~~.,~ ITEM FOR COUNCIL CONSIDERATION: Consideration of ranking of City requested projects for 2006 Minnesota Department of Finance Capital Budget Bonding Bill. I. RECOMMENDED ACTION: By Motion: Give first ranking consideration to the funding for the 17th Avenue Extension (Cedar Corridor) for the 2006 Minnesota De artment of Finance Capital Budget Bonding Bill. II. BACKGROUND In 2006, the State Legislature will give consideration to funding requests from throughout the State of Minnesota for projects to be included in the 2006 Capital Budget Bonding Bill. In the summer 2005, the City Council took action to officially. include two project funding requests in the 2006 bonding bill. The first project considered and approved by the City Council on June 14, 2005 was the 17th Avenue Extension (Cedar Corridor). On June 28, 2005, the second project considered and approved by the City Council was the Richfield Recreation Asset Replacement Project (Lincoln Fields). The June 14 and 28 Staff Reports are attached for your review. The City Council must now rank order the City's requests for consideration by the State. After considerable discussion within staff and discussions with 1107bonding Representative Paul Thissen, it is recommended that the 17th Avenue Extension (Cedar Corridor) request be given first priority. III. BASIS OF RECOMMENDATION A. POLICY • When the State looks at the requests for inclusion into the Capital Budget Bonding Bill, greater consideration will be given to projects that are more of a regional nature than those that are seen to be more local. The 17th Avenue request would connect Minneapolis to Richfield via the Bloomington .Avenue bridge with a parkway concept that could include bikeways. This bikeway could then link up to the bikeways in Minneapolis. The 17th Avenue project also ties into the Cedar Avenue Corridor and would enhance traffic flow in the area as well as provide a buffer to the new Runway 17/35. The State may view the Richfield Recreation Asset Replacement Project as more of a local impact than a regional one. B. CRITICAL ISSUES • It is important that the City Council make this ranking at the November 7, 2005 meeting to provide adequate time to submit the ranking to the State. C. FINANCIAL • The request for the 17th Avenue Extension is for approximately $4 million, while the Richfield Recreation Asset Replacement Project is approximately $500,000. D. LEGAL • There is no legal requirement to rank order the requests, however it would be in the City's best interests to do so. IV. ALTERNATIVE RECOMMENDATION(S~ • Rank the Richfield Recreation Asset Replacement Project first. • Make no ranking. In that case, the State would automatically rank the 17th Avenue Extension first because of the size of the project funding request. V. ATTACHMENTS • June 14, 2005 Staff Report. • June 28, 2005 Staff Report. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~ ~_y; AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JUNE 14, 2005 CONSENT 9D 108 REPORT PREPARED BY: PATRICK SMITH, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE COUNCIL PRESENTER: ACTING DEPARTMENT ^ DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY ^ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing application to the Minnesota Department of Finance for funding of the 17th Avenue Extension (Cedar Corridor) through -the 2006 Capital Budget Bondina Bill. I. RECOMMENDED ACTION: By motion: Adopt the attached resolution authorizing an application to the Minnesota Department of Finance for funding the 17th Avenue Extension (Cedar Corridor) through the 2006 Capital Budget Bonding Bill. II. BACKGROUND • The City has identified the Cedar Corridor, located within the 87db area, for redevelopment in the Cedar Avenue Corridor Master Plan. • The City -has been working with Ryan Companies to redevelop the area north of 66th Street, between 17th and Cedar Avenues with a retail power center. • The Master Plan identifies the area west of 17th Avenue for future housing development. • Several infrastructure improvements are necessary for the retail center and future housing development. One of these infrastructure improvements is 061405bonding bill resolution of support 12-Z, the 17th Avenue Extension, which will be located between the retail and „ housing. developments. • The 17th Avenue Extension will be constructed in two phases. The first phase will be from the intersection at 17th Avenue and 66th Street to Taft Park. The second phase will be from Taft Park to Bloomington Avenue. • Staff has been trying to identify funding for the 17th Avenue Extension. • The State of Minnesota provides funding for capital improvements through the Capital Budget Bonding Bill. Staff is seeking authorization to apply for funding for the 17th Avenue Extension through the 2006 Capital Budget Bonding Bill. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate to seek outside funding for City projects whenever possible. • On January 25, 2005 the City Council approved The Cedar Avenue Corridor Master Plan, which calls for redevelopment of the 87db area with noise-compatible development. Various infrastructure improvements are required as part of the plan. B. CRITICAL ISSUES • The application for funds is due to the Minnesota Department of Finance by June 15, 2005. C. FINANCIAL • Additional financing still needs to be identified. The state funding is limited to no more than 50 percent of total capital costs. D. LEGAL • The program guidelines require the City Council to pass a resolution in support of the application. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny authorization. V. ATTACHMENTS • Resolution VL PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 12-3 RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF FINANCE FOR FUNDING THE 17TH AVENUE EXTENSION (CEDAR CORRIDOR) THROUGH THE 2006 CAPITAL BUDGET BONDING BILL WHEREAS the City of Richfield (the "City") is a city located within the State of Minnesota and is therefore eligible tc make application for funding through the State bonding process; and WHEREAS, the City supports the Application made to the Minnesota Department of Finance for funding of the 17th Avenue Extension (Cedar Corridor) as a necessary capital improvment; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS The City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and NOW, THEREFORE BE IT RESOLVED that the City Manager is hereby authorized to apply to the Minnesota Department of Finance for this funding on behalf of the City of Richfield and to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of June, 2005.- Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 061405bonding bill resolution of support 2 - `~ AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 CONSENT 7D 116 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ^ REVIEW: REVIEWED BY CITY ^ MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing application to the Minnesota Department of Finance for funding of the Richfield Recreation Asset Replacement Project (Lincoln Fields Park) throu h the 2006 Ca ital Bud et Bondin Bill. I. RECOMMENDED ACTION: By motion: Adopt the attached resolution authorizing an application to the Minnesota Department of Finance for funding of the Richfield Recreation Asset Replacement Project (Lincoln Fields Park) through the 2006 Capital Budget Bondina Bill. II. BACKGROUND A request was sent for $550,000 in State funding for Phase Two of Richfield's Recreation Asset Replacement Plan; to pre-design, design, construct and equip the replacement of four athletic fields lost as a result of airport expansion. The City of Richfield leased recreational property from the Metropolitan Airport Commission for over 40 years, accommodating 13 softball and baseball fields, a golf course and community gardens. MAC canceled this lease on October 29, 1996, because of plans to construct the North-South Runway. As a result, the City of Richfield organized a taskforce with the responsibility for devising a plan for the 061405bonding bill resolution of support ! 2-S replacement of the lost facilities. After a thorough study and public review process was completed, City Council approved the replacement plan and applied for State funding. In 1999, the City received State Capital Appropriations in the amount of $2,000,000 for the partial replacement of lost baseball and softball fields. Phase One of the replacement plan was then completed, including reconfiguration and improvements to the following Richfield parks and school facilities: Roosevelt (4 baseball fields), Richfield Middle School (4 softball fields), Richfield Intermediate School (2 softball fields), Donaldson Park (1 baseball field), and the Academy of Holy Angels (1 baseball field). A second taskforce was organized in 2003 to begin planning for Phase Two, which includes reconfiguring and improving the remaining four lost fields at Lincoln Fields Park. The taskforce has recommended a design for Lincoln Fields to accommodate both baseball and softball, which offers the most flexibility. Another objective of the taskforce was to make sure that all facilities were equitable for girls and boys. The design includes grading an existing park to accommodate four fields, fencing, parking lot, concession/restroom building, irrigation, dugouts, and lighting. The project will benefit primarily the Richfield community. Airport expansion, the cause of the asset relocation, greatly benefits the entire region. III. BASIS OF RECOMMENDATION A. POLICY • `At the June 14, 2005 City Council meeting, a resolution was adopted supporting a 2006 bonding bill request to the State of Minnesota for financial assistance with the reconfiguration of 17th Avenue due to regional airport impacts. • In addition to the above application for 2006 State bonding funds, another application was submitted by the City of Richfield for $550,000 of funds for ballfield improvements. A resolution for support of this request is attached for consideration. • Both requests are of a regional significance because of airport expansion and would likely qualify for consideration. However, at some point in the near future, the City Council will have to assess the relative priority of these two requests for submission to the State, as a requirement of the applications. • The City of Richfield has not pursued State bonding funds since 1999 and staff believes that both of the requests are worthy of State funding. B. CRITICAL ISSUES • The application for funds was-due to the Minnesota Department of Finance by June 15, 2005. C. FINANCIAL • Matching funds for the project have been included in the proposed Capital Improvement Plan. Grants to cities for successful application 7a-~ for State bonding funds do not have to be repaid to the State and cannot exceed 50% of the cost of the entire project. D. LEGAL • The program guidelines require the City Council to pass a resolution in support of the application. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny authorization. V. ATTACHMENTS • Resolution. Memo regarding request for State appropriations. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A r2-7 RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF FINANCE FOR FUNDING THE RICHFIELD RECREATION ASSET REPLACEMENT PROJECT -PHASE TWO THROUGH THE 2006 CAPITAL BUDGET BONDING BILL WHEREAS the City of Richfield (the "City") is a city located within the State of Minnesota and is therefore eligible to make application for funding through the State bonding process; and WHEREAS, the City supports the Application made to the Minnesota Department of Finance for funding of the Richfield Recreation Asset Replacement Project - Phase Two as a necessary capital improvement; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS The City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and NOW, THEREFORE BE IT RESOLVED that the City Manager is hereby authorized to apply to the Minnesota Department of Finance for this funding on behalf of the City of Richfield and to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # ~~- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 OTHER BUSINESS I1 209 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COOR. NAME, TITLE COUNCIL PRESENTER: MARTIN J. KIRSCH, MAYOR ITEM FOR COUNCIL CONSIDERATION: Consideration of Council confirmation of Mayor's appointment of Housing and Redevelopment Authorit Commissioner to fill an ex fired term. I. RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment of an HRA Commissioner for a five year term expirin October 2010. II. BACKGROUND HRA Commissioner Kristal Stokes resigned on September 8, 2005. The City Council officially accepted the resignation on September 13, 2005. This term remained vacant and now expires in October 2005. At a Special City Council meeting on August 30, 2005, the City Council discussed options to change the composition of the HRA membership from a majority of citizens to a majority of City Council Members (minutes attached). The City Attorney also provided a response (attached) to several questions raised on August 30, 2005. To ensure a quorum at future HRA meetings, the Council should make an appointment on October 25, 2005,. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated he will make an 1107HRA appointment to the HRA for afive-year term at the October 25, 2005 Council meeting. B. CRITICAL ISSUES • To ensure a quorum at future meetings, the Council should take action on this item on October 25, 2005, C.. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide not to confirm the Mayor's appointment. • If the Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS • August 30, 2005 City Council minutes. • September 22, 2005 City Attorney memo. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • -None. i~- ~ ~~ ~__ CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting ~~ -- , -~ - -___ CALL TO ORDER. August 30, 2005 The meeting was called to order by Mayor Kirsch at 5:30 p.m. ROLL CALL Members Present: Martin Kirsch, Mayor; Susan Rosenberg; Fred Wroge; Bill Kilian; and Sue Sandahl. Staff Present:. Steve Devich, City Manager; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Bruce Palmborg, Community Development Director; Brad Sveum, Acting Fire Services Director; Bill Fillmore, Liquor Operations Director; Chris Regis, Finance Manager; and Cheryl Krumholz, Recording Secretary. +s Item #1 DISCUSSION OF HOUSING-AND REDEVELOPMENT AUTHORITY (HRA)„ COMMISSIONER APPOINTMENT'PROCESS ~, ' - ~~ City Manager Devich stated that the City Council discussed last year the possible change in the composition of the HRA to all City Council Members instead of some citizen membership. With the approaching resignation of Tom Harms and with another term expiring in October, the City Council may wish to discuss HRA membership at this time. In the mid 1970's, the City Council was the HRA. Council Member Wroge expressed support to have the City Council serve as the HRA because they are the elected officials who make decisions for the City. Council Member Sandahl stated that at one time, the HRA had no City Council as members which is why the HRA may be transitioning back to some City Council as members -there are currently two. She added that some former City Council Members have served on the HRA in the past. She said she is open to changing the HRA membership. Council Member Rosenberg stated she believes citizens serve well on the HRA and does not see a reason to change. Special Council Meeting Minutes `~ 2_°~' August 30, 2005 Mayor Kirsch asked about the City Charter addressing the HRA membership. City Manager Devich stated he believed the Charter was open to a City Council decision. Council Member Kilian said both options of City Council membership compositions could be debated effectively but he leans more to the City Council being the majority on the HRA. Mayor Kirsch expressed agreement with Council Member Rosenberg. There are currently two City Council with three citizens on the HRA which provides some balance. Council Member Kilian said that the City Council wants and appreciates different views from the advisory commissions and the City Council has the final decision. The HRA is different because it is independent. Council Member Wroge said the HRA Commissioners are not voted into office but is a powertul group that should not be considered political appointments like the MAC and Met Council members. The City Council has a chance to do the right thing at this time. Council Member Sandahl said a compromise would be that one of the two upcoming vacancies could be a City Council. Mayor Kirsch requested the City Manager review the City Charter and provide information on the HRA membership requirements. The City Council consensus was to consider having the HRA membership consist of a City Council majority. r- , ~ ~, Item DISCUSSION OF ELECTED OFFLCIAL,OtUT~.OF-STATE RgYELPOLICY (COUNCIL MEMO N0. 112) , _ - `;~,. ~: - 4. City Manager 'ch reported that the Minnesota Legislature has a cted a new law that requires cities and school ricts to adopt a policy that controls out-of ate travel for elected officials. The new policy must in place by January 1, 2006, pe 'ng a recorded vote by the City Council. The League of Minnesota 'ties developed a model icy and a draft policy is before the City Council to get feedback on possib dditional provisio Council Member Sandahl said the elect o Vial's policy appears to be very similar to the City employee travel policy. In general, one Cit o cil is authorized to travel to an out-of-state conference per year. Council Member Kilian state he City Council approves th it Council travelin Y g to conferences. Council Member roge said he thought the point of the policy was to re ict travel. He suggested the curre employee travel policy be revised to eliminate the "Restrictio f Flight Hours" because ality is, the plane is going to fly anyway and the airline will not pay fo unnecessa vernight accommodations. He also suggested the Transportation Section u er Expen Approved For Reimbursement be revised to indicate coach fare is the only option fo ou -state travel. ~~~~ Kennedy Graven CHARTERED Corrine H. Thomson 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9217 telephone (612) 337-9310 fax http: // www. kennedy-graven. com cthomson~kennedy-graven. com MEMORANDUM TO: Steve Devich, City Manager FROM: Corrine H. Thomson, City Attorney DATE: September 22, 2005 RE: Appointments to HRA Board You raised several questions regarding appointments to the HRA Board of Commissioners. Each of those questions is listed below, followed by a response. 1. What does the City Charter say with respect to the composition of the I3RA Board? The charter says nothing about the composition of the HRA, because the charter governs the operations of the City. The HRA is a separate government entity, established by the City pursuant to state statute. Statute statutes govern the composition of the HRA. Minnesota Statutes, section 469.003 provides that the HRA may have up to seven members (this is determined by the initial resolution establishing the HRA). All of the members must be residents of the area in which the HRA operates. The mayor appoints the members, with council approval. The terms of HRA members are for five years, with the terms of members being staggered. .Members of the council maybe appointed to serve on the HRA, and where that is done, the council may provide that the term of the HRA member is co-terminous with that member's term as council member or mayor. Vacancies in unexpired terms can only be filled for the remaining unexpired term. (E.g., an appointment to fill Kristal Stokes' vacancy would expire in October, if it is made before October, and you would have to reappoint in October. In Tom Harm's case, let's say his term expires in 2009. If the council wanted to appoint a council member and make sure the seat was held only by a council member, it would appoint for a term ending the earlier of 2009 or when that member is no longer a council member.) ~ l-~ 2. If three or more council members are appointed to the IiRA, would HRA meetings need to be noticed as council meetings? If you have three or even five members of the council on the HRA, you do not need to notice HRA meetings as council meetings. Because the HRA is a separate body, it is sufficient to notice the meeting only as an HRA meeting. However, if the council members are appointed to the HRA, they should be careful to discuss only HRA business. and not stray into issues that are properly the role of only the city council. E.g., if the HRA board, is discussing a proposed redevelopment project and approval of a TIF plan, the members should not allow the discussion to get sidetracked onto zoning issues, because zoning is the responsibility of the city council and not the HRA. 3. What steps would need to be taken to appoint Council members to the I3RA? If the Council wants the HRA to consist only of council members, it may be necessary to modify the resolution that established the HRA. Might not, but we would want to see it -- the original resolution and any resolution that was adopted when the council switched in the 1970's to an HRA with no council members. It's also possible that no change will be needed to the resolution -- depends on what it says. The Council will have to make the change gradually, as vacancies occur on the HRA Board. The Council cannot remove existing HRA board members from their positions. Upon expiration of an existing term or if a mid-term vacancy occurs, the Mayor would appoint a council member to the seat, with the approval of the City Council. At the time the appointments are made, the Council should also indicate whether the new HRA member's term is co-terminous with that person's council term. If the appointment does not specify that the term is intended to be co-terminous, the person would remain on the HRA for five years, even if he/she isn't on the council anymore. 4. What other issues should the Council consider? Other issues that the Council would consider are primarily issues of policy. As with any policy issue, there are opposing viewpoints, and those are for the Council to work out. Reasons commonly put forth for anon-elected HRA board include: (1) the council can appoint persons with particular experience or knowledge that relates to the activities of the HRA, and that makes the HRA effective and improves the quality of its decisions; (2) redevelopment necessarily involves difficult decisions that may be politically unpopular, and the board should be comprised of persons who will make decisions based on what is in the best interests of the city and not personal political interests. Reasons commonly put forth for council members to serve as HRA members: (1) council members are more responsive to the electorate because they are elected, and having redevelopment influenced by public opinion is not a bad thing; (2) because both bodies are comprised of the same individuals, it reduces potential conflict between City and HRA objectives and policies. There may be other reasons that could be put forth in favor of either proposition. As stated, this policy discussion is properly for the City Council CAH-268686v1 2 RC160-1 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL. MEETING NOVEM$ER 7, 2005 O'i'IIER BIISINESS ~0 208 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIItECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approving an agreement with WSB & Associates to design the intersection im rovements at 66th Street and Portland Avenue and at 66th Street and 17th Avenue. I. RECOMMENDED ACTION: By Motion: • Approve an agreement with WSB & Associates to prepare the final design of the intersection improvements at 66th Street and Portland for $255,848 • Approve an agreement with WSB & Associates to prepare the final .design of the intersection improvements at 66th Street and 17th Avenue for $188,944, with the stipulation to not exceed incurring costs of $55,000 without prior written approval of the Citv staff. II. BACKGROUND Council recently approved the layout for intersection improvements at both 66th Street and Portland Avenue, and at 66th Street and 17th Avenue. The City now needs to prepare the final design for both projects to prepare for bid letting. Reconstruction of the 66th Street and 17th Avenue intersection will occur in June 2006. Work at 66th Street and Portland Avenue will begin in 2008. 11071ntersectionConsultant Agmt WSB & Associates was hired to assist the City in selecting a preferred design alternative and alignment for both intersection improvements. WSB now has submitted proposals to do the final design for each project. The Transportation Commission and the City Council requested that special attention be given to pedestrian and bikers when designing the roundabout. To accomplish this Mark Johnson, an engineering consultant that specializes in roundabouts, will be hired as asub-contractor to WSB under this agreement. It is necessary to begin soon the final design of both projects so that the City, can start the process to purchase right of way needed for both projects. At 66th Street and 17th Avenue the intersection improvement is dependent on special assessment funding that is tied to the Ryan Companies signing a developer's agreement with the City that will not occur until late December 2005. To limit the financial exposure of the City, staff is proposing initial approval not to exceed $55,000 for design work at 66th Street and 17th Avenue until a developer is fully committed. III. BASIS OF RECOMMENDATION 1~. POLICY • Improvements proposed at 66th Street and 17th Avenue intersection have been identified in the City's Cedar Avenue Corridor Redevelopment Concept Master Plan. • Improvements proposed at 66th Street and Portland Avenue intersection have been identified in the City's Comprehensive Plan. B. CRITICAL ISSUES • WSB & Associates has qualified staff to design the two intersections and has considerable experience working in Richfield. C. FINANCIAL • Funding for the design of both projects will come form the City's Municipal State Aid Streets (gas tax revenues) funds: The design will cost $188,944 for 66th Street and 17th Avenue, and $255,848 for 66th Street and Portland Avenue. D. LEGAL • The City Council must approve purchases of service in excess of $25,000. • The City Attorney will be available to answer any questions on the proposed agreement. IV. ALTERNATIVE RECOMMENDATION(S~ • Select another engineering firm to perform the design work. This would delay the start of the design work as another firm would need time to familiarize itself with the proposed improvements. V. ATTACHMENTS • Proposed agreement • Proposed scope of work submitted by WSB & Associates for 66th Street and 17th Avenue. • Proposed scope of work submitted by WSB & Associates for 66th Street and Portland Avenue. • Proposed project time schedule for both projects. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Anticipated. ~~~ AGREEMENT BETWEEN THE CITY OF RICHFIELD "OWNER" AND WSB & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES (66`" Street Projects at 17"' Avenue and at Portland Avenue) Page 1/19 THIS IS AN AGREEMENT made as of November 7, 2005, between the City of Richfield, a municipal corporation of the State of Minnesota ("OWNER") through its Mayor and City Manager with offices at 6700 Portland Avenue, Richfield, MN, 55423-2599 and WSB and Associates, Inc. a Minnesota corporation ("ENGINEER"), with offices at 701 Xenia Avenue, Suite 300, Minneapolis, MN 55416. OWNER intends to use the services of ENGINEER on an ongoing basis for assistance with multiple sites for OWNER's two projects on 66~' Street ("Project"). For ease of administration, ENGINEER has prepared a list of standard services and prices from which OWNER may choose on a site by site basis by completing a work authorization form attached as Exhibit A ("Work Order"). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those services by OWNER as set forth below. OWNER's written authorization to ENGINEER to proceed shall be given on a site by site basis in an executed Work Order. This Agreement will become effective on the date first above written. SECTION 1 -GENERAL 1.1 Standard of Care ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all phases of the Project for each site to which this Agreement applies as hereinafter provided. ENGINEER shall serve as OWNER's prime design professional and engineering representative for the Project providing professional engineering consultation and advice with respect thereto. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER'S services. 1.2 Coordination with Other Documents It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for the Project and that all amendments thereof and supplements thereto will be generally consistent therewith. Except as otherwise defined herein, the terms which have an initial capital letter in this Agreement and are defined in the Standard General Conditions will be used in this Agreement as defined in the Standard General Conditions. The term "defective" will be used in this Agreement as defined in the Standard General Conditions. 1.3 Definitions Wherever used in this Agreement the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Rev. December IS, 1999 Ia-~~ Page 2/19 1.3.1 Additional Services. Additional Services means the services to be performed for or furnished to OWNER by ENGINEER described in Section 3 of this Agreement. Additional Services shall be commenced by ENGINEER upon receipt of an executed. Work Order or Revised Work Order. 1.3.2 Agreement. Agreement-means this Standard Form of Agreement between OWNER and ENGINEER for Professional Services including those exhibits listed in Section 8 of this Agreement. 1.3.3 Basic Services. Basic Services means the services to be performed for or furnished to OWNER by ENGINEER described in Section 2 of this Agreement. 1.3.4 Construction Cost. Construction Cost means the total cost to OWNER of those portions of the entire Project designed or specified by ENGINEER. Construction Cost does not include ENGINEER'S compensation and expenses, the cost of land, rights-of--way, or compensation for or damages to properties, or OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to Section 4 of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 1.3.5 Contractor. Contractor means the person or entity with whom DWNER enters into a written agreement covering construction work to be performed or furnished with respect to the Project. 1.3.6 ENGINEER'S Consultant. ENGINEER's Consultant means a person or entity having a contract with ENGINEER to perform or furnish Basic or Additional Services as ENGINEER's independent professional associate or consultant engaged directly on the Project. 1.3.7 Reimbursable Expenses. Reimbursable Expenses means the expenses incurred directly in connection with the performance or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Section 5, below, or in a Work Order. Reimbursable expenses include but are not limited to: consultant fees, expense of transportation, parking, meals, postage, including special delivery fees, zoning application fees, inspection fees, permit fees, and charges for blueprints and reproduction. The amount payable for Reimbursable Expenses will be the charge actually incurred by ENGINEER therefor. 1.3.8 Resident Project Representative. Resident Project Representative means the authorized representative of ENGINEER who may be assigned to assist ENGINEER at the site during the Construction Phase if desired by OWNER: The Resident Project Representative will be ENGINEER'S agent or employee and under ENGINEER's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by OWNER. If a Resident Project Representative is to be used for any Project, this Agreement shall include Exhibit B which sets forth the duties and responsibilities of the Resident Project Representative, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative" ("Exhibit B"). 1.3.9. Standard General Conditions.. Standard General Conditions means the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) of the Engineers Joint Contract Documents Committee. 1.3.10 Total Project Costs. Total Project Costs means the sum of the Construction Cost, allowances for contingencies, the total costs of design professional and related services provided by ENGINEER and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of--way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others to OWNER under paragraphs 4.4, 4.5 and 4.7 through 4.14, inclusive. 1.3.11 Direct Labor Cost. Direct Labor Cost means salaries and wages (basic, premium and incentive) paid to ENGINEER'S personnel, but does not include indirect payroll related to costs or fringe benefits. Direct Labor Cost will be adjusted annually and equitably to reflect changes in various elements that comprise such Direct Labor Cost. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. SECTION 2 -BASIC SERVICES OF ENGINEER Rev. December IS, 1999 b~~ 2.1 Studv and Report Phase: "A" Phase Page 3/19 Upon this Agreement becoming effective, ENGINEER shall, upon direction of the OWNER pursuant to any Work Order: 2.1.1. Consult with OWNER to understand OWNER's requirements for the Project and review available data. 2.1.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or services of the types described in paragraph 3.1 which are not part of ENGINEER's Basic Services. 2.1.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER with whom consultation is to be undertaken in connection with the Project. 2.1.4. Evaluate various alternate solutions available to OWNER as described in any Work Order, and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER'S judgment best meet OWNER's requirements for the Project. 2.1.5. Prepare a report (the "Report) which will contain the statement of OWNER'S requirements for the Project and, as appropriate, will contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER'S opinion of Total Project Costs for each solution which is so recommended for the Project, including the following which will be separately itemized: opinion of the probable Construction Cost, allowances for contingencies and for the estimated total costs of design professional and related services provided by ENGINEER and, on the basis of information furnished by OWNER, allowances for other items and services included within the definition of Total Project Costs. 2.1.6. Furnish the Report to and review it with OWNER. 2.1.7. Revise the Report in response to OWNER'S comments, as appropriate, and furnish final copies of the Report in the number set forth in any Work Order. 2.1.8. Submit the Report within the stipulated period indicated in a Work Order. ENGINEER's services under the Study and Report Phase will be considered complete at the earlier of (1) the date when the Report has been accepted by OWNER or (2) thirty days after the date which such Report is delivered to OWNER for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to review the portions of the Project designed or specified by ENGINEER, if such approval is to be obtained during the Study and Report Phase. The duties and responsibilities of ENGINEER during the Study and Report Phase as set forth in this paragraph 2.1 are amended and supplemented as indicated in any Work Order. 2.2. Sketch Phase: "B" Phase Upon this Agreement becoming effective, ENGINEER shall, upon direction of the OWNER pursuant to any Work Order: 2.2.1 Consult with OWNER to understand OWNER'S requirements for the Project and review available data. 2.2.2 Prepare an 8 '/a inch x 11 inch CAD generated site sketch (the "Sketch") which will reflect the OWNER'S standard requirements for the Project incorporated onto the site and, as appropriate, will indicate the considerations involved and those alternate solutions available to OWNER which ENGINEER recommends, on the basis of information furnished by OWNER. No zoning review, building code requirements, boundary or topographic information is included in the Sketch. 2.2.3 Furnish the Sketch to OWNER. Rev. December 1 S, 1999 1~~~ Page 4/19 2.2.4 Revisions to the Sketch in response to OWNER's comments will be an Additional Service, billed on an hourly basis. 2.2.5 Submit the Sketch within the stipulated period indicated in any Work Order. The duties and responsibilities of ENGINEER during the Sketch Phase "B" as set forth in this paragraph 2.2 are amended and supplemented as indicated in any Work Order. 2.3 Preliminary Design Phase: "C" Phase After acceptance by OWNER of the Sketch, selection by OWNER of a recommended solution and indication of any specific modifications or changes in the scope, extent, character or design requirements of the Project desired by Owner, and upon written authorization from OWNER as set forth in any Work Order, ENGINEER shall perform one or more of the following services selected by OWNER: 2.3.1 Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER with whom consultation is to be undertaken in connection with the Project.. 2.3.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or services of the types described in paragraph 4.4 which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such data and services. 2.3.3 On the basis of the Sketch, the recommended solution selected by OWNER and the specific modifications or changes in the scope, extent, character or design requirements of the Project agreed upon by OWNER and ENGINEER, prepare Preliminary Design documents consisting of preliminary site plan revisions based on the zoning requirements; preliminary grading plan, preliminary utility plan, preliminary site data analysis, preliminary storm water runoff analysis. 2.3.4 Advise OWNER if additional reports, data or other information or services of the types described in paragraph 4.4 are necessary and assist OWNER in obtaining such reports, data or other information and services. 2.3.5 Prepare a site investigation report (the "Report") for OWNER which will contain the results of ENGINEER's investigations of planning, zoning, utility; signage, a storm water drainage site access and building code issues applicable to the site in question. The Report will also contain permit and fee information. The Report will be based upon site location and boundaries provided by the OWNER, and ENGINEER shall not be responsible for any independent verification of information supplied by OWNER. 2.3.6 ENGINEER will submit the standard utility questionnaire to local gas, electric, telephone, water, sewer, and drainage authorities for evaluation of site utilities. 2.3.7 ENGINEER will coordinate geotechnical and survey subconsultants for each site as instructed in any Work Order. 2.3.8 ENGINEER will prepare a landscape plan for the site for the purpose of meeting submittal requirements for site plan approval. 2.3.9 ENGINEER will prepare a preliminary cost estimate reflecting ENGINEER's opinion of Project costs for site improvements including an opinion of probable construction cost, allowance for contingencies and estimate costs ofdesign-services, but not including any earthwork takeoff for quantities. 2.3.10 ENGINEER will assist the OWNER in the zoning and permitting for the Project. The duties and responsibilities of ENGINEER during the Preliminary Design "C", Phase as set forth in this paragraph 2.3 are amended and supplemented as indicated in any Work Order. 2.4. Final Design Phase: "D" Phase Rev. December IS, 1999 Ia-5 Page S/19 After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Construction Cost and indication of any specific modifications or changes in the scope, extent, character or design requirements of the Project desired by OWNER, and upon written authorization from OWNER in the form of a Work Order, ENGINEER shall perform one or more of the following services selected by OWNER: 2.4.1. On the basis of the accepted Preliminary Design documents, the modifications or changes in the scope, extent, character or design requirements of the Project agreed upon by OWNER and ENGINEER and the revised opinion of probable Construction Cost, prepare for incorporation in the Contract Documents fmal Drawings showing the scope, extent and character of the work to be performed and furnished by Contractor and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute). 2.4.2. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to review or approve the fmal design of the Project, and assist OWNER in consultations with appropriate authorities. 2.4.3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER, as a result of changes in scope, extent or character or design requirements of the Project. 2.4.4. Furnish the above documents, Drawings and Specifications to and review them with OWNER. 2.4.5. Submit the above documents, Drawings and Specifications and a revised opinion of probable Construction Cost within the stipulated period indicated in any Work Order. 2.4.6 ENGINEER'S services under the Final Design Phase will be considered complete at the earlier of (1) the date when the submittals have been accepted by OWNER or (2) thirty days after the date when such submittals are delivered to OWNER for fmal acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER, if such approval is to be obtained during the Final Design Phase. The duties and responsibilities of ENGINEER during the Final Design "D" Phase as set forth in this paragraph 2.4 are amended and supplemented as indicated in any Work Order. 2.5. Biddine or Negotiating Phase: "E" Phase After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Final Design Phase documentation (including the most recent opinion of probable Construction Cost), and upon written authorization in the form of a Work Order, ENGINEER shall: 2.5.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the contract for construction, materials, equipment and services; and; where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences, if any, and receive and process deposits for Bidding Documents. 2.5.2. Issue Addenda as appropriate to clarify, correct or change the Bidding Documents. 2.5.3. Consult with OWNER as to the acceptability of subcontractors, suppliers and other persons and entities proposed by Contractor for those portions of the work as to which such .acceptability is required by the Bidding Documents. 2.5.4. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contract for construction, materials, equipment and services. 2.5.5. The Bidding or Negotiating Phase will terminate and the services to be performed or furnished thereunder will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors. Rev. December 75, 1999 1 ~ d. / Page 6/19 The duties and responsibilities of ENGINEER during the Bidding or Negotiating "E" Phase as set forth in this paragraph 2.5. are amended and supplemented as indicated in Any Work Order. 2.6. Construction Phase: "F" Phase During the Construction Phase, OWNER may request that ENGINEER perform one or more of the following services: 2.6.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified, except to the extent provided in any Work Order and except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will be issued through ENGINEER who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said Standard General Conditions except as otherwise provided in writing. 2.6.2. Visits to Site and Observation of Construction. In connection with observations of the work of Contractor while it is in progress: 2.6.2.1 ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as OWNER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor's work. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling and similar methods of general observation of the work based on ENGINEER's exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. The responsibilities of ENGINEER contained in this paragraph are expressly subject to the limitations set forth in paragraph 2.6.2:2 and other express or general limitations in this Agreement and elsewhere. 2.6.2.2 The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of Contractor will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. On the other hand, ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 2.6.3. Defective Work. During such visits and on the basis of such observations, ENGINEER shall have authority to disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 2.6.4. Clarifications and Interpretations; Field Orders. ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 2.6.5. Change Orders and Work Change Directives. ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as appropriate, and shall prepare Change Orders and Work Change Directives as required. Rev. December 1 S, 1999 l ~ -- ~ Page 7/19 2.6.6. -Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto 2.6.7. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph 3.2.2. 2.6.8. Inspections and Tests. ENGINEER may require special inspections or tests of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents. ENGINEER'S review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 2.6.9. Disagreements between OWNER and Contractor. ENGINEER shall render the initial decisions on all claims for OWNER and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 2.6.10. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor, any supplier, or of any other person or organization performing or furnishing any of the work. ENGINEER shall not be responsible for Contractor's failure to perform or furnish the work in accordance with the Contract Documents. 2.7. Operational Phase: "G" Phase During the Operational Phase, OWNER may request that ENGINEER perform one or more of the following services by issuing a Work Order: 2.7.1. Provide assistance in connection with the refining and adjusting of any equipment or system. 2.7.2. Assist OWNER in training OWNER's staff to operate and maintain the Project. 2.7.3.. Assist OWNER in developing systems and procedures for control of the operation and maintenance of and record keeping for the Project. 2.7.4. Prepare a set of reproducible record drawings showing. record information which ENGINEER considers significant based on the Drawings, Shop Drawings, and other record documents furnished by Contractor to ENGINEER which were annotated by Contractor to show all changes made during construction. ENGINEER will not be responsible for any errors in or omissions in the information provided by Contractor that is incorporated in the record drawings or other record documents. 2.7.5. In company with OWNER, visit the Project to observe any apparent defects in the completed work, assist OWNER in consultations and discussions with Contractor concerning correction of such defects, and make recommendations as to replacement or correction of defective work. 2.7.6. Provide miscellaneous services as required by OWNER in connection with Project closeout. 2.7.7. The Operations Phase may commence during the Construction Phase and will terminate one year after the date of Substantial Completion or as stated in any Work Order. The duties and responsibilities of ENGINEER during the Operational Phase as set forth in this paragraph 2.7 are amended and supplemented as indicated in any Work Order. SECTION 3 -ADDITIONAL SERVICES OF ENGINEER Rev. December 1 S, 1999 ~~''~ 3.1 Additional Services Requiring Authorization in Advance Page 8/19 If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs 3.1.1 through 3.1.19, inclusive, as amended and supplemented as indicated in any Work Order. These services are not included as part of Basic Services except to the extent otherwise provided in any Work Order. These services will be paid for by OWNER as indicated in Section 5 or in the Work Order. 3.1.1 Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 3.1.2 Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 3.1.3 Services resulting from evaluation by ENGINEER during the Study and Report Phase at OWNER's request of alternative solutions in addition to those specified in any Work Order. 3.1.4 Services resulting from significant changes in the scope, extent or character of the portions of the Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of fmancing; and revising previously accepted studies, reports, Drawings, Specifications or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, Drawings, Specifications, or Contract Documents, or are due to any other causes beyond ENGINEER's control. 3.1.5 Services resulting from facts revealed about conditions: 3.1.5.1 which are different from information about such conditions that OWNER previously provided to ENGINEER under paragraph 4.4 and upon which ENGINEER was entitled to rely; or 3.1.5.2 as to which OWNER had responsibility to provide information under paragraph 4.4 if such information was not previously provided. 3.1.6 Providing renderings or models for OWNER's use. 3.1.7 Preparing documents for alternate bids requested by OWNER for Contractor's work which is not executed or documents for out-of-sequence work. 3.1.8 Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining fmancing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 3.1.9 Furnishing services of ENGINEER's Consultants for other than Basic Services; and furnishing data or services of the types described in paragraph 4.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same under paragraph 4.4. 3.1.10. Services attributable to a variation in the number of prime contracts from the number specified in any Work Order for work designed or specified by ENGINEER. 3.1.11 Services during out-of--town travel required of ENGINEER other than visits to the site or OWNER's office as required by any Work Order. 3.1.12 Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, Construction Management, Cost Estimating, Project Peer Review, Value Rev. December I5, 1999 Page 9/19 !~._q Engineering and Constructability Review requested by OWNER; and performing or furnishing services required to revise studies, reports, Drawings, Specifications or Contract Documents as a result of such review processes. 3.1.13 Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. 3.1.14 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. 3.1.15 Providing field surveys for design purposes, engineering surveys and staking to enable Contractor to proceed with its work, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 3.1.16 Preparation of operating, maintenance and staffmg manuals to supplement Basic Services under paragraph 2.7.2. 3.1.17 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Basic Services under paragraphs 2.2.3 and 2.3.2). 3.1.18 Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER under paragraph 4.12. 3.1.19 Other additional services performed or furnished by ENGINEER in connection with the Project, including services which are to be furnished by OWNER under Section 4, and services not otherwise provided for in this Agreement. 3.2 Required Additional Services When required by the Contract Documents in connection with the performance or furnishing of ENGINEER'S services during the Construction Phase, ENGINEER shall perform or fixrnish, without waiting for specific authorization from OWNER, Additional Services of the types listed in paragraphs 3.2.1 through 3.2.6, inclusive. These services are not included as part of Basic Services except to the extent provided in any Work Order. Required Additional Services will be paid for by OWNER as indicated in Section 5. ENGINEER shall advise OWNER in writing promptly after starting any such Additional Services. 3.2.1 Services in connection with Work Change Directives and Change Orders to reflect changes requested by OWNER if, because of the method of compensation agreed upon by OWNER and ENGINEER, the resulting change in compensation for Basic Services is not commensurate with the extent of the additional services rendered. 3.2.2 Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or-equal" items; and services after the award of the construction contract in evaluating and determining the acceptability of a substitution which is inappropriate for the Project or an excessive number of substitutions. 3.2.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of materials, equipment or energy shortages. 3.2.4 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective, neglected or delayed work of Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default by Contractor. 3.2.5 Services (other than Basic Services during the Operational Phase) in connection with any partial utilization of any part of the Project by OWNER prior to its Substantial Completion. 3.2.6 Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the work. SECTION 4 -OWNER'S RESPONSIBILITIES Rev. December 1 S, 1999 Page 10/19 1 ~ '" f Q Except as otherwise provided in any Work Order, OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER and shall bear all costs incident thereto: 4.1 Designate in writing a person to act as OWNER's representative with respect to the services to be performed or furnished by ENGINEER under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 4.2 Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 4.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4.4 Furnish to ENGINEER, as requested by ENGINEER for performance of Basic Services or as required by the Contract Documents, the following: 4.4.1 data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site, or hydrographic surveys; 4.4.2 the services of an independent testing laboratory to perform all inspections, tests and approvals of samples, materials and equipment prior to and after installation, or to evaluate the performance of materials, equipment and facilities of OWNER, prior to specification, and during construction; 4.4.3 appropriate professional interpretations of all of the foregoing; 4.4.4 environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; 4.4.5 field surveys for design purposes and property, boundary, easement, right-of--way, topographic and utility surveys or data, including relevant reference points; 4.4.6 property descriptions; 4.4.7 zoning, deed and other land use restrictions; and 4.4.8. other special data or consultations not covered in Section 2. OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all reports, data and other information furnished pursuant to this paragraph. ENGINEER may use such reports, data and information in performing or furnishing services under this Agreement. 4.5 Provide, as required by the Contract Documents, engineering surveys, staking and restaking to enable Contractor to proceed with the layout of the work, and other special field surveys. 4.6 Arrange for access. to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 4.7 Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate with respect to such examination) and render in writing decisions pertaining thereto. Rev. December 1 S, 1999 I D ~' ~ Page 11/19 4.8 Provide approvals and permits from all governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER and such approvals and consents from others as maybe necessary for completion of such portions of the Project. 4.9 Provide, as maybe required for the Project: 4.9.1 accounting, bond and fmancial advisory, independent cost estimating and insurance counseling services; 4.9.2 such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project, including any that maybe raised by Contractor; and 4.9.3 such auditing services as OWNER may require to ascertain how or for what purpose Contractor has used the moneys paid on account of the Contract Price. 4.10 Provide such inspection or monitoring services by an individual or entity other than ENGINEER as OWNER may desire to verify: 4.10.1 that Contractor is complying with any law, rule, regulation, ordinance, code or order applicable to Contractor's performing and furnishing the work; or 4.10.2 that Contractor is taking all necessary precautions for safety of persons or property and complying with any special provisions of the Contract Documents applicable to safety. ENGINEER does not undertake in this Agreement to perform the services referred to in 4.10.1 and 4.10.2 above. The identity of any individual or entity employed to perform such services and the scope of such services will be disclosed to ENGINEER. 4.11 Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, Construction Management, Cost Estimating, Project Peer Review, Value Engineering and Constructability Review. If OWNER designates a person or entity other than, or in addition to, ENGINEER to represent OWNER at the site, OWNER shall define and set forth in an exhibit that is to be mutually agreed upon and attached to and made a part of this Agreement before such services begin, the duties, responsibilities and limitations of authority of such other party and the relation thereof to the duties, responsibilities and authority of ENGINEER. 4.12 Prior to the commencement of the Construction Phase, notify ENGINEER of any variations in the language of the Notice of Acceptability of Work, which if applicable, is attached hereto as Exhibit C, "Notice of Acceptability of Work", ("Exhibit C") or of any notice or certification other than such Notice that ENGINEER will be requested to provide to OWNER or third parties in connection with the financing or completion of the Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or certification and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notice or certification requested under this paragraph. 4.13 If more than one prime contract is to be awarded for work designed or specified by ENGINEER, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime contractors, and define and set forth the duties, responsibilities and limitations of authority of such person or entity and the relation thereof to the duties, responsibilities and authority of ENGINEER in an exhibit that is to be mutually agreed upon and attached to and made a part of this Agreement before such services begin. 4.14 Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to paragraphs 4.4, 4.5 and 4.7 through 4.14, inclusive) and other costs so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER'S opinion of Total Project Costs. 4.15 Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings and Substantial Completion and fmal payment inspections. Rev. December IS, 1999 Page 12/19 Ib--IZ 4.16 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of ENGINEER's services, or any defect or nonconformance in ENGINEER's services or in the work of any Contractor. 4.17 Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 3.1 of this Agreement or other services as required. SECTION 5 -PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES 5.1 Methods of Pavment for Services and Expenses of ENGINEER 5.1.1 For Basic Services. OWNER shall pay ENGINEER for Basic Services performed or furnished under Section 2 on the basis of one of the payment methods selected in the Work Order. 5.1.2 For Additional Services. OWNER shall pay ENGINEER for Additional Services performed or furnished under Section 3 on the basis of one of the payment methods as stated in any Work Order. 5.1.3 For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1 and 5.1.2, OWNER shall pay ENGINEER for Reimbursable Expenses at direct cost. 5.2 Other Provisions Concerning Pam 5.2.1 Preparation of Invoices. Invoices for Basic and Additional Services and Reimbursable Expenses will be prepared in accordance with ENGINEER's standard invoicing practices and include the form attached hereto as Exhibit F and in adherence to the invoice standards set forth in Exhibit E and will be submitted to OWNER by ENGINEER at least monthly. The amount billed for Basic Services and Additional Services in each invoice will be calculated on the basis set forth in 5.1.1 and 5.1.2 or in the Work Order. Invoices are due and payable on receipt. 5.2.2 Unpaid Invoices. To the extent permitted by Minnesota Statutes, Section 471.425, if OWNER fails to make. any payment due ENGINEER for services and expenses within thirty-five days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and, in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. Payments will be credited first to interest and then to principal. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. However, if OWNER's failure to pay within said thirty-five days is due to a good faith dispute with ENGINEER, OWNER shall pay that portion of the invoice not in dispute and interest shall not accrue on the un-paid portion. 5.2.3 Payments Upon Termination. 5.2.3.1 Termination by OWNER for Cause. In the event of termination by OWNER for cause under paragraph 7.1.1: 5.2.3.1.1 Upon the completion of any phase of Basic Services, progress payments due ENGINEER in accordance with this Agreement for all such services performed or furnished by ENGINEER and ENGINEER'S Consultants through the completion of such phase will constitute total payment for such services. ENGINEER also will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses. 5.2.3.1.2During any phase of the Basic Services, ENGINEER also will be paid for such services performed or furnished in accordance with this Agreement by ENGINEER during that phase through the date of termination on the basis specified in Section 5.1.2. above. ENGINEER also will be paid for the charges of ENGINEER's Consultants employed to perform or furnish Basic Rev. December 1 S, 1999 1 ~ r f~ Page 13/19 Services to the extent such services have been performed or furnished in accordance with this Agreement through the effective date of the termination. ENGINEER. also will be paid for all unpaid Additional services and unpaid Reimbursable Expenses. 5.2.3.2 Termination by OWNER for Convenience. In the event of termination by OWNER under paragraph 7.1.2: 5.2.3.2.1 Upon the completion of any phase of Basic Services, progress payments due ENGINEER in accordance with this Agreement for all such services performed or furnished by ENGINEER and ENGINEER'S Consultants through the completion of such phase will constitute total payment for such. services. ENGINEER also will be paid for all unpaid Additional services and unpaid Reimbursable Expenses. 5.2.3.2.2During any phase of Basic Services, ENGINEER also will be paid for such services performed or furnished by ENGINEER during that phase through the date of termination on the basis specified in Sections 5.1.1 and 5.1.2 above. In addition, ENGINEER will be paid for the charges of ENGINEER'S Consultants employed to perform or furnish Basic Services through the effective-date of the termination. ENGINEER also. will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses. 5.2.3.3 Termination by ENGINEER for Cause. In the event of termination by ENGINEER for cause under paragraph 7.1.1, ENGINEER shall be entitled to receive compensation calculated as set forth in paragraph 5.2.3.2. 5.2.4 Records ofENGINEER's Costs. Records of ENGINEER'S costs pertinent to ENGINEER'S compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost on request prior to fmal payment for ENGINEER'S services. 5.2.5 Progress Reports. Monthly invoices shall be accompanied by a progress report in the form attached hereto as Exhibit D. SECTION 6 -OPINIONS OF COST 6.1 Opinions of Probable Construction Cost ENGINEER'S opinions of probable Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an independent cost estimator as provided in Section 4.0. 6.2 Opinions of Total Project Costs ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs provided for in Section 2. 6.3 If any Work Order establishes a Construction Cost limit between OWNER and ENGINEER, the following conditions apply: 6.3.1 A contingency often percent will be included in any Construction Cost limit established unless another amount is agreed upon in writing. 6.3.2 The acceptance by OWNER at anytime during Basic Services of a revised opinion of probable Construction Cost in excess of the then established Construction Cost limit will constitute a corresponding increase in the Construction Cost limit. Rev. December 1 S, 1999. f ,, ]] Page 14/19 l~'~`~ 6.3.3 ENGINEER will be permitted to determine what types of materials, equipment and component systems and the types and quality thereof are to be included in the Drawings and Specifications and to make reasonable adjustments in the scope, extent and character of the Project to the extent consistent with the Project requirements and sound engineering practices to bring it within the Construction Cost limit. 6.3.4 If the Bidding or Negotiating Phase has not commenced within three months after completion of the Final Design Phase, or if industry-wide prices are changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit will not be binding on ENGINEER, and OWNER shall consent to an adjustment in such Construction Cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.3.5 If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such Construction Cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practices. In the case of (3), ENGINEER shall modify the Contract Documents as necessary to bring the Construction Cost within the Construction Cost limit. In lieu of other compensation for services in making such modifications, OWNER shall pay ENGINEER's cost of such services including the costs of the services of ENGINEER's Consultants, all overhead expenses reasonably related thereto and Reimbursable Expenses, but without profit to ENGINEER on account of such services. The providing of such services will be the limit of ENGINEER'S responsibility in this regard and, having done so, ENGINEER shall be entitled to payment for services and expenses in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the. established Construction Cost. SECTION 7 -GENERAL CONSIDERATIONS 7.1 Termination The obligation to provide further services under this Agreement maybe terminated. 7.1.1 For cause, 7.1.1.1 by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Notwithstanding the foregoing, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty days of receipt thereof; provided, however, that if and to the extent .such substantial failure cannot be reasonably cured within such thirty-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided form herein shall extend up to, but in no case more than, sixty days after the date of receipt of the notice. 7.1.1.2 by ENGINEER: 7.1.1.2.1 upon seven days' written notice if ENGINEER believes that ENGINEER is being requested by OWNER to furnish or perform services contrary to ENGINEER'S responsibilities as a licensed design professional; or 7.1.1.2.2upon seven days' written notice if the ENGINEER'S services for design or during the construction of the Project are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control. 7.1.1.2.3 in the case of termination under this paragraph 7.1.1.2, ENGINEER shall have no liability to OWNER on account of such termination. Rev. December 1 S, 1999 -~ Page 1 S/19 /®' ~S 7.1.2 For convenience, by OWNER effective upon the receipt of notice by ENGINEER. 7.2 Reuse of Documents All documents including Drawings and Specifications provided or furnished by ENGINEER (or ENGINEER'S Consultants) pursuant to this Agreement are instruments of service in respect of the Project, and ENGINEER and ENGINEER's Consultants, as appropriate, shall retain an ownership and property interest therein (including the right of reuse by and at the discretion of ENGINEER and ENGINEER's Consultants, as appropriate) whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented. to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any such reuse without written verification or adaptation by ENGINEER and ENGINEER'S Consultants, as appropriate, for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's Consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER'S Consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. OWNER understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware, which may become unavailable over time. 7.3 Insurance 7.3.1 ENGINEER shall procure and maintain insurance as set forth in 7.3.2, for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. ENGINEER shall list OWNER as an additional insured on ENGINEER'S general liability insurance policy. 7.3.2 7.3.2.1 Workers' Compensation in Statutory amount and Employer's Liability $500,000 Each Occurrence, $500,000 Aggregate 7.3:2.2 General-Liability in General Aggregate of $1,000,000 with Each Occurrence of $1,000,000 (Bodily Injury and Property Damage) and Products/Completed Operations Aggregate of $1,000,000. 7.3.2.3 Excess Umbrella Liability for Each Occurrence $2,000,000, in the Aggregate $2,000,000 7.3.2.4 Automobile Liability in Combined Single Limit (Bodily Injury and Property Damage) for Each Accident, $1,000,000 7.3.2.5 Professional Liability in limits of $1,000,000 each incident and $1,000,000 in Aggregate. The foregoing policies shall contain a provision that coverages shall not be canceled or non-renewed until at least 60 days prior written notice has been given to OWNER. Certificates of Insurance showing such coverages to be in force shall be filed with OWNER prior to commencement of work. 7.3.3 ENGINEER and ENGINEER'S Consultants shall list OWNER as additional insured on any general liability or property insurance policies carried by ENGINEER and ENGINEER's Consultants which are applicable to the Project. OWNER shall require Contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to list ENGINEER and ENGINEER's Consultants as additional insureds with respect to such liability, property and other insurance purchased and maintained by Contractor. All policies of property insurance shall contain provisions to the effect that ENGINEER'S and ENGINEER's Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insureds thereunder. 7.3.4 At any time. OWNER may request that ENGINEER, at OWNER's sole expense, provide additional insurance coverage, different limits or revised deductibles in excess of those specified above. If so requested by OWNER, and if commercially available, ENGINEER shall obtain and shall require ENGINEER's Consultants to obtain such additional insurance coverage, different limits or revised deductibles, for_ such periods of time as requested by OWNER, at OWNER's sole expense, and this Agreement will be supplemented to incorporate these requirements. 7.4 Controlling Law This Agreement is to be governed by the law of the State of Minnesota. Rev. December 1 S, 1999 ~b--~(o 7.5 Successors and Assiens Page 16/19 7.5.1 OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.5.2 Neither OWNER nor ENGINEER may assign, sublet or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.5.3 Unless expressly provided otherwise in this Agreement: 7.5.3.1 Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by ENGINEER to any Contractor, Subcontractor, Supplier, other person or entity, or to any surety for or employee of any of them, or give any rights in or benefits under this Agreement to anyone other than OWNER and ENGINEER. 7.5.3.2 All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. The OWNER agrees that the substance of the provisions of.this paragraph shall appear in the Contract Documents. 7.6 Dispute Resolution OWNER and ENGINEER agree to negotiate in good faith for a period of thirty days from the date of notice of all disputes between them prior to exercising their rights under other provisions of this Agreement, or under law. The parties agree that all disputes remaining unresolved after thirty days will be submitted to a mutually agreeable neutral mediator, as a condition precedent to litigation or other remedies provided by law. The fee and costs of the mediator shall be apportioned equally between the parties. 7.7 Allocation of Risks--Indemnification 7.7.1 To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's officers, directors, partners, employees and agents from and against any and all claims, costs,. losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINEER'S officers, directors, partners, employees, agents and ENGINEER's Consultants in the performance and furnishing of ENGINEER's services under this Agreement. 7.7.2 To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER'S officers, directors, partners, employees and agents and ENGINEER'S Consultants from and against any and all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, agents and OWNER'S consultants with respect to this Agreement or the Project. 7.7.3 In addition to the indemnity provided under paragraph 7.7.2 of this Agreement, and to the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and its officers, directors, partners, employees, and agents and ENGINEER'S Consultants from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or relating to the presence, discharge, release, or escape of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material at, on, under or from the Project site. Rev. December 1 S, 1999 / ®~ (r~ Page 17/19 7.7.4 In addition to the indemnities provided above, OWNER hereby indemnifies and holds ENGINEER harmless from and against any and all claims, costs, losses and damages (including but not limited to attorney's fees) arising out of or resulting from OWNER's decision(s) not to provide any services ENGINEER proposes to perform or recommends be performed by others in connection with the Project. 7.8 Electronic Media 7.8.1 When requested by OWNER, ENGINEER shall provide relevant analyses, fmdings and reports in "hard" copy, and in electronic form, where the Project necessitates the use of CADD materials. The parties agree that the "hard" copy shall govern in the case of a discrepancy between the two versions, and shall be held as the official set of drawings, as signed and sealed. 7.8.2 The OWNER shall be afforded a period of thirty (30) days in which to check the hard copy against the electronic media. In the event that an error or inconsistency is found as a result of this process, the ENGINEER shall be advised and the inconsistency shall be corrected at no additional cost to the OWNER. Following the expiration of this thirty-day period, the OWNER shall bear all responsibility for the care, custody and control of the electronic media. In addition, the OWNER represents that it shall retain the necessary mechanisms to read the electronic media, which the OWNER acknowledges to be of only limited duration. All title blocks and the engineer's seal, if applicable, shall be removed if and when the OWNER provides the subject CARD drawings/electronic media to any other entity. The OWNER agrees not to alter any such information provided by ENGINEER, nor shall it use such information for any purpose or project other than that intended by this Agreement. 7.9 Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears on the first page of this Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. Rev. December 1 S, 1999 Page 18/19 7.10 Survival ~ ~ r All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the completion of all services of ENGINEER under this Agreement or the termination of this Agreement for any reason. 7.11 Severability Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. SECTION 8 -EXHIBITS AND SPECIAL PROVISIONS 8.1 This Agreement is subject to the provisions of the following Exhibits which are attached to and made a part of the Agreement: 8.1.1 Exhibit A, "Work Order Form", consisting of one page. 8.1.2 Exhibit B, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative", consisting of three pages. 8.1.3 Exhibit C, "Notice of Acceptability of Work", consisting of two pages. 8.1.4 Exhibit D, "Progress Report Form", consisting of 1 page. 8.1.5 Exhibit E, "Invoice Standards", consisting of 1 page. 8.1.6 Exhibit F, "Invoice Cover Sheet", consisting of 1 page. 8.1.7 Exhibit G, "Travel Regulations", consisting of 1 page. 8.2 This Agreement (consisting of pages 1 to 20 inclusive and the Exhibits identified above) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. OWNER: ENGINEER: CITY OF RICHFIELD, MINNESOTA WSB & ASSOCIATES, INC. Title: Mavor Title: Date: 11 /7/05 Date: Title: -Gifu Manager Title: Date: 11/7/05 Date: Rev. November 1, 2005 l o -~ g This is Exhibit A, consisting of _ pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services. Initials: OWNER _ ENGINEER Work Order Form WORK ORDER NO. Authorization to proceed and site-specific scope of services Project: Location: We transmit the following information for your use: We hereby authorize you to proceed with the following phases of services for the above-referenced Project and location in accordance with the agreement between OWNER and ENGINEER dated Payment shall be on the basis of (select from the following): ^ Cost Plus Fee: Direct Salary Cost times audited overhead plus fee of percent and reimbursable expenses. ^ Cost Plus Fixed Fee: As for Cost Plus Fee, however total Fee shall not exceed ^ Lump Sum: One sum payable by percent of completion of the Services (plus reimbursable expenses). ^ Cost Times a Factor: Direct Salary Cost times a factor of ,plus reimbursable expenses. ^ Standard Hourly Billing Rates: Hourly rates plus reimbursable expenses. The Not to Exceed Limit for this Work Order is: A Construction Cost Limit of is agreed upon between OWNER and ENGINEER for this Project. ENGINEER: OWNER: WSB & ASSOCIATES, INC. RICHFIELD Signed: Signed: Its: Its: Signed: Signed: Its: Dated: Dated: Rev. November 1, 2005 [ ~ J This is Exhibit B, consisting of 3 pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services. Initials: OWNER _ ENGINEER _ Duties, Responsibilities and Limitations of Authority of Resident Project Representative If so directed by an executed Work Order, ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing progress and quality of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of Contractor. However, ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedure selected by Contractor, for safety precautions and programs incident to the work of Contractor, for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's performing and furnishing the work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In particular, the specific limitations set forth in paragraph 2.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER'S agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. General RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and Contractor, keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of RPR 1. Schedules.' Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences an other Project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Service as ENGINEER'S liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with Contractor when Contractor's operations affect OWNER'S on-site operations. B. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: A. Record date of receipt of Shop Drawings and Samples. B. Receive Samples which are furnished at the site by Contractor, and notify ENGINEER of availability of Samples for examination. C. Advise ENGINEER and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: A. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. Rev. December 1 S, 1999 ©~-~-I B. Report to ENGINEER whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Verify that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. D. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations asissued by ENGINEER. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGINEER. 8. Records: A. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents including all Work Change Directives, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing submittals received from and delivered to Contractor and other Project related documents. B. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather conditions, data relative to questions of Work Change Directives, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER C. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. 9. Reports: A. Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C. Draft proposed Change Orders and Work Change Directives, obtaining backup material from Contractor and recommend to ENGINEER Change Orders, Work Change Directives, and Field Orders. D. Report immediately to ENGINEER and OWNER the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Cert~cates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: Rev. December 1 S, 1999 1®--tea A. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. B. Observe whether Contractor has had performed inspections required by laws, rules, regulations, ordinances, codes, or orders applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. C. Conduct a final inspection in the company of ENGINEER, OWNER and Contractor and prepare a final list of items to be completed or corrected. D. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance an issuance of the Notice of Acceptability of the Work. C. Limitations of Authority by RPR Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal".items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or Sample submittals from anyone other than Contractor. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. Rev. December 1 S, 1999 ~ -- ~. 3 This is Exhibit C, consisting of 2 pages, referred to in the Agreement Between OWNER and ENGINEER for Professional Services Initials: OWNER _ ENGINEER Notice of Acceptability of Work NOTICE OF ACCEPTABILITY OF WORK OWNER OWNER's Contract No. CONTRACTOR CONSTRUCTION CONTRACT DATE ENGINEER T OWNER And To CONTRACTOR The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work famished and performed by CONTRACTOR under the above Contract is acceptable expressly subject to the provisions of the above Contract and the terms and conditions set forth on the reverse side hereof. ENGINEER Dated: Rev. December I5, 1999 io-a~' CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice on the front side of this paper is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree: 1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. Said Notice reflects and is an expression of the professional judgment of ENGINEER. 3. Said Notice is given as to the best of ENGINEER'S knowledge, information and belief. 4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been employed by OWNER to perform or furnish during construction of the Project (including observation of the Work) under ENGINEER'S Agreement with OWNER and under the Contract referenced on the reverse hereof, and applies only to facts that are within ENGINEER's knowledge or could reasonably have been ascertained by ENGINEER as a result of carrying out the responsibilities specifically assigned to ENGINEER under ENGINEER'S Agreement with OWNER and the Contract referenced on the reverse hereof. 5. Said Notice is not a guarantee or warranty of CONTRACTOR'S performance under the above-referenced Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of Contractor to furnish or perform the Work hereunder in accordance with the Contract Documents. Rev. December 1 S, 1999 1~--~5~ This is Exhibit D, consisting of pages, referred to in the Agreement Between OWNER and ENGINEER for Professional Services. Initials: OWNER _ ENGINEER Progress Report Form To be provided by Owner Rev. December I5, 1999 /c~ ~(~ This is Exhibit E, consisting of 2 pages, referred to in the Agreement Between OWNER and ENGINEER for Professional Services. Initials: OWNER _ ENGINEER Invoice Standards To be provided by Owner Rev. December IS, 1999 l~--~~ Invoice Cover Sheet Invoices shall contain the following control information: This is Exhibit F, consisting of 2 pages, referred to in the Agreement Between OWNER and ENGINEER for Professional Services. Initials: OWNER ENGINEER A. City's Project Number B. Invoice Number, sequential C. Signature request on each invoice attesting to services and costs as new and no previous payment received. D. A copy of each invoice is to be sent to the City's Project Manager for review and payment approval. Cover Sheet form to berorovided by Owner Rev. December 1 S, 1999 l ~ --~8 This is Exhibit G, consisting of 2 pages, referred to in the Agreement Between OWNER and ENGINEER for Professional Services. Initials: OWNER _ ENGINEER Travel Regulations To be provided by Owner Rev. December 1 S, 1999 lo~-~q ~n Final Design of 66th Street and Portland Avenue City of Richfield PROJECT OVERVIEW Our proposal for final design of 66~' Street and Portland Avenue is based on the preliminary layout of the roundabout intersection approved by the Richfield City Council on October 25,-2005. The project involves construction of a roundabout intersection that will replace the signalized intersection at 66~' Street and Portland Avenue.. The scope of services that will be provided includes preparation of a roundabout justification report, development of a fmal horizontal layout, preparation of construction plans, landscaping plan, special provisions, right-of--way plat, and bidding documents. The fmal horizontal layout will identify the alignments and locations of all of the construction elements in the plan including but not limited to the alignment of and location of roadways, sidewalks, bicycle accommodations, bus pullouts, transit shelters, benches, pedestrian amenities, and lighting. WORK SCOPE This section outlines the work tasks that would be completed for the final design of 66~' Street and Portland Avenue. We have included all work tasks that we think maybe needed to complete the project except for those that we believe are being completed by others. It is assumed that a separate contractor will conduct a hazardous material investigation on buildings that need to be removed for the project and that a separate contract will handle the building demolition. This contract does include the costs for investigating for contaminated soils on sites that are to be acquired for the project. The WSB team will prepare construction documents (plans, specifications, and estimates) and associated engineering analysis and documentation required per agency requirements. The following work tasks are anticipated to be completed as part of the basic work for the project. It is assumed that a separate contract would be prepared for construction services if these services are required. 1 City of Richfield 66th Street and Portland Avenue October 28, 2005 /0-3~ ~:a Task 1: Project Management This task will consist of continued management and administration, project coordination and communication with the City of Richfield for the design phase. It includes periodic meetings with city staff and others to coordinate the various elements of the project. It is assumed that there will be approximately 10 meetings. WSB will provide meeting minutes for all meetings WSB attends as part of.this project. For additional meetings WSB will charge $625.00 per meeting. This includes meeting preparation (agenda), meeting attendance, and meeting minutes Also included in this task is billing preparation, invoicing, progress reports and other non-technical work associated with this phase of the project. Task 2: Roundabout Justification Report A roundabout justification report will be prepared that documents the reasons for a roundabout design at this location. The roundabout justification report will include a description of the intersection and rationale for selecting the intersection as a roundabout option including an operations analysis of current and projected traffic volumes, costs, right-of--way impacts, public support and pedestrian and bicycle impacts. Task 3: Final Geometric Layout WSB will work with MTJ Engineering to create a final geometric layout for the project. MTJ Engineering will prepare the layout and WSB will review the layout to assure that it achieves the project objectives. The final geometric layout will identify the final location for all horizontal elements related to vehicle traffic, transit, pedestrians and bicycles. This would include but not be limited to traffic lanes, transit pull outs and stops, sidewalks and paths, benches, lights, bollards, and other amenities related to transit, pedestrians or bicycles. Task 4: Data Collection/Field Design Survey WSB will complete the necessary field survey and also collect information on city and private utilities for the project area. Culverts, hydrants, gate-valves and other drainage and utility elements in the corridor would be located as part of this field survey. It is assumed that seven (7) days of field survey may be necessary for the final design. This would provide approximately two (2) days of survey time to go back and pick up additional information where needed. This task also includes developing an updated design base map for the project from the survey information. 2 City of Richfield 66th Street and Portland Avenue October 28, 2005 ~o ~~~ Task 5: Geotechnical and- Phase I and Phase II Environmental studies WSB will contract with a soils firm to collect some additional soils information for the project area for use in the design of the roadway section and utilities. A soils letter will be prepared with the recommendations for pavement design. WSB will also subcontract for Phase I studies on 10 commercial properties and 8 residential properties. The Phase I studies will determine the potential for hazardous materials or soil contamination on the site. Phase II studies will be conducted on those sites that have potential for hazardous materials or soils contamination. It is assumed that up to 3 Phase iI studies may be required. Task 6: Landscaping Plans It is assumed that a separate landscaping plan will be developed for the project. WSB will sub this work to a consultant acceptable to the City of Richfield. The coordination of the landscaping plan with the roadway construction plans is included in Task 7.0. This task would include the preparation of the landscape plan and other aesthetic treatments for the project. This would include but not be limited to special treatments for sidewalks, cross- walks, benches, bus shelters, lighting, bollards, or other project elements. An overall theme would be identified as part of this task which would be applied to all of the surface elements of the project. Task 7: Final Design and Preparation of Roadway Construction Plans and Cross- Sections WSB will prepare a set of detailed construction plans for the grading, surfacing and drainage improvements associated with the improvements at 66~' Street and Portland Avenue. Specifically, the construction plan will consist of the following sheets and include items shown in Mn/DOT State Aid example plan set and Hennepin County example plans. Title Sheet: Contains the location map, signature block, sheet index, project data, and station-reference point comparisons. General Layout: Layout of the project showing the plan sheet layout and sheet numbers for reference. Statement of Estimated Quantities: Contains Mn/DOT's standard pay item number, item description and quantity of all materials. Quantity totals will be subtotaled by funding source (including pro-rata of lump sum items, 100% County, 100% City, and drainage split by flow percentages) and will include participating and non- City of Richfield 66th Street and Portland Avenue October 28, 2005 ~ ©~- 3 ~.. .~ era participating sub-totals. References to quantity tabulations of each individual item will be made. Notes will be included where necessary for clarification. • Quantity Tabulations: Tabulations will be prepared summarizing the earthwork volumes by station and the balance of calculations by stage. Calculations will be -done using the average end area method. Detailed tabulations of each item contained on the estimated quantities sheet will be included. Two independent quantity calculations with one set checked by a senior engineer will be prepared for each item. • Soils Construction Notes and Standard Plates: Soils and construction notes covering special requirements and critical information contained in the soils letter will be listed. Standard plates used on this project will also be listed. • Typical Sections: Sections will be shown for existing roadways and roadways to be constructed under this contract. The sections will be consistent with the pavement design, approved geometric layout, and soils and surfacing requirements shown in the soils letter. Surface type, base materials and subgrade corrections will be shown. • Miscellaneous Details: Provide horizontal geometry and details necessary for the construction of unique or non-standard items and other items identified during the detail design process. • Standard Plans: Insert standard plans wherever needed to eliminate or supplement construction details in the plan.. • Construction Staging Plans and Layouts: Detailed plans will be prepared demonstrating astage-by-stage process by which the new roadways can be constructed. It is assumed that the project will remain open to traffic during construction and that access to in-place businesses is to be maintained at all times. Detour plans will be provided if necessary. Prepare color coded general layout depicting staging sequence for use at meetings. Traffic Control Plans and Tabulations: Detailed plans and notes will be prepared showing the locations of signs, barriers and striping necessary to accommodate the construction staging within the project area in a manner consistent with the MMUTCD Manual, Field Manual dated January, 2001, for Temporary Traffic Control Zone Layouts, City of Richfield, and Hennepin County practices. The signing will be included on the staging plan. A tabulation showing the description and estimated quantities of traffic control devices by stage will also be prepared. 4 City of Richfield 66th Street and Portland Avenue October 28, 2005 ~~-33 _ ~, Alignment Plans and Tabulations: Prepare alignment plans showing proposed roadway centerlines, stationing and identifying alignment points with point numbers and curves with curve numbers, including permanent horizontal control points. Prepare tabulation sheets showing alignment and curve data (PC, PT, PI, POT, POC, PCC) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius, tangent, curve length, superelevation rate and X and. Y coordinates. • Existing Topography, Utility and Removal Plans and Tabulations: Prepare plans showing updated topographic features and private and public utilities, including wells, septic tanks, drain fields and field the within the project limits; proposed centerlines and right-of--way lines; .and also pavement, pipe, culvert, drainage structure removals, and tree clear and grub location and tabulations. • Roadway Plan Sheets: Prepare plans of the project providing detailed information on the location of items such as: roadways, shoulders, radii, turn lanes, acceleration lanes, driveways, tapers, right-of--way, easements, obliterations, station equations, fencing, etc. • Sidewalks and Trails: WSB will design a sidewalk and bicycle path system consistent with the approved geometric layout and state aid standards. • Roadway Profile Sheets: Prepare profiles of the proposed mainline, cross roads and proposed driveways or driveway connections. Information shown on the profiles will include items such as: vertical control, vertical curve data, top-of-fmished surface, top-of-grading grade, culverts, subgrade corrections, removal of unsuitable materials and utilities (longitudinal and transverse crossings). Profiles along gutter flow lines will also be shown. Intersection Details: Drawings of major intersections showing all horizontal geometry, edge of pavement profiles and details (such as radii, tapers, offsets and profiles) necessary for construction. Also included will be top-of- pavement vertical elevations of intersection for construction staking. Storm Sewer Plans: Determine size of proposed drainage system components. WSB will determine the drainage areas for each structure and size the structure using an accepted hydrologic method. State Aid eligibility and cost splits will also be determined. CulvertlStorm Sewer Profiles: Show centerline profiles of proposed culverts and storm sewers. Show the culvert or pipe size, length, grade, aprons, and inlet/outlet 5 City of Richfield 66th Street and Portland Avenue October 28, 2005 io-3`~ elevations. Also show all known existing and proposed utility locations along with elevations. All utilities will be labeled. Storm water Rate Control and Treatment: Design and prepare plans to meet review agency requirements. .This includes providing for special manhole treatment structures. Superelevation Diagrams: Information presented in profile view labeling pavement edges and showing the station, location, and cross slope at the beginning, zero cross slope point, and end of the superelevation transition. The profile will show adjacent _-~ lane elevations relative to the profile grade, transition rates and distances from the PC or PT to critical points in the transition (e.g. crown runoff). Superelevation will also be shown in plan view on the turf establishment plans. In-Place Drainage Tabulations: List type, size and location of in-place drainage structures within the.project limits shown on the existing topography and utility plans. Proposed construction impacts (remove, leave as is, etc.) will also be tabulated. Proposed Drainage Tabulation: List the location, type, size, length, inlet and outlet elevations, grade, class, erosion control, excavation and bedding for larger culverts. Turf Establishment Plans and Temporary and Permanent Erosion/Sediment Control: Prepare plans showing areas requiring temporary and permanent turf establishment due to construction disturbance and the type of material to be placed (sod, seed, mulch, wood fiber blanket, etc.). Show the type and location of temporary and permanent erosion control devices, sedimentation basins, waters of the State within one-half mile of the project and wetlands identified on the NWI map. SWPPP - A Storm Water Pollution Prevention Plan will be prepared by WSB as required by the MPCA. Landscaping and Architectural Treatment Coordination: WSB will coordinate with the City and County regarding potential landscaping and architectural treatments. This task would also identify the elements needed in the roadway plan to accommodate the proposed landscape plan. A separate task is identified for preparation of the landscaping and architectural treatment. • Temporary Signal: It is anticipated that a temporary signal will be required to accommodate traffic flow during construction. Plans will be prepared for the temporary signal to handle the traffic during each phase of construction. 6 City of Richfield 66th Street and Portland Avenue October 28, 2005 lQ ~35 Signing Plans: Prepare permanent signing plans showing the location of proposed signs and containing all details necessary for the fabrication and installation of the signs in accordance with Mn/DOT specifications. Assemble plans and prepare tabulations in accordance with Hennepin County and Mn/DOT Sign Plan Standards. Field check and record existing signs. It is assumed that all new signs will be used on the project. Signing required by the city such as trail signs will also be incorporated. MTJ Engineering will review the signing plans to ensure that the signing is appropriate for the roundabout intersection. Striping Plans and. Pavement Marking: Prepare permanent striping plans showing the location, type, size -and color of striping necessary for the permanent striping of this project, including standard plans. MTJ Engineering will review the signing plans to ensure that the signing is appropriate for the roundabout intersection. • Cross-Section Sheets: Prepare mainline and side road cross-sections. Show existing ground, proposed roadway template, grading grade, existing utilities, existing culverts, right-of--way, temporary easements, driveway slopes, subgrade correction, unsuitable soil removal, and topsoil placement. Compute earthwork volumes and balances and show end area calculations on right side ofcross-section sheet . Existing ground for each cross-section will be created from contour information available on the base mapping. An overview sheet will be included to show cross- . section match lines. Task 8: Special Provisions Special provisions will be written for unique items not covered adequately in the "Mn/DOT Standard Specification for Construction" or the "Mn/DOT SP-5 Special Provisions". The appropriate City specifications will also be part of the special provisions. Each provision will contain a description, materials, construction requirements, method of measurement and basis of payment for each item. Deletions from and additions to standard specifications will be written and included as necessary. An electronic copy in Microsoft Word format, or the most current version of a compatible software, and a hard copy of the final provisions will be submitted. The special provisions will be coordinated with the County's Specification and Agreement Engineer. Task 9: Construction Cost Opinion WSB will prepare a construction cost opinion based on quantities generated as part of the preparation of the construction plans. Costs will be split by funding source (including pro rata of lump sum items. % County, % City, other percentage splits, and drainage split flow percentages) and will include participating and non-participating sub-totals consistent with ~ -- City of Richfield 66th Street and Portland Avenue October 28, 2005 ~o-.~~ mbykn federal requirements. An electronic copy and a hard copy of the final estimate will be submitted. Task 10: Plan Review and Approval WSB will submit plans to and meet with the City of Richfield and Hennepin County Design Engineer to review plans and specifications outlined in the previous tasks. Revisions will be made to plans as appropriate. Following approval of the plans by Hennepin County, a camera ready copy of the plans and bid proposal will be provided WSB will submit plans and supplemental specifications for review and approval at three stages of development: Stage 1-.Preliminary Design (30% Complete): WSB will develop the plans to 30% completion. The plans for Stage 1 will meet State Aid Standards and at a minimum will include existing topography and utility plans, vertical and horizontal alignment plans, intersection layouts, drainage plans, typical cross-sections, and preliminary utility relocations. Three (3) sets of prints will be submitted. This stage will essentially be the fmal geometric layout. Upon receipt of City and County review comments the plans will be revised accordingly. Stage 2 -Final Design (95% Complete): After receiving approval of Stage 1, WSB will complete .all areas of design and all sheets in the plan and submit eight (8) sets of plans and supplemental specifications. Three (3) sets of design computations (including drainage) and quantity calculations will also be submitted. One (1) copy of the engineer's opinion of probable construction costs will be submitted. Upon receipt of City and County review comments the plans will be revised accordingly. Stage 3 -Final Design (100% Complete): After receiving approval of Stage 2, WSB will incorporate the comments and will submit one (1) complete set of signed originals on bond paper with eight (8) copies. In addition, one (1) complete set of design computations, basis of quantity, and quantity calculations, and one (1) copy of the engineer's opinion of probable construction costs will be submitted. Task 11: Right-of--Way Plan and Layout WSB will prepare aright-of--way plan meeting State-Aid standards for review and approval. The plan will be included in the construction documents and will include the proposed construction plan and profile, estimated construction limits, proposed right-of- way and temporary and permanent easements. The right-of--way plan will have ownership tabulations, and show trees and other topographic information. WSB will also prepare a right-of--way layout with this information. The layout will be developed using County Right-of--way Division Standards. It is anticipated that WSB will meet with the City up to 8 City of Richfield 66th Street and Portland Avenue October 28, 2005 /b-3 a~.~ ~ ~, two times to fmalize the right-of--way plan. WSB will prepare parcel drawings and written right-of--way and easement descriptions for up to 5 parcels where acquisition of construction and temporary easements maybe required. Task 12: Utility Coordination WSB will coordinate with private and public utility owners in the corridor to identify affected utilities and develop a relocation plan. WSB -will make aGopher-State One-Call for a utility locate. Information on existing utilities will be placed on the plans and a copy will be provided to each utility to have them verify or correct the information. Potential utility impacts will be identified and a meeting will beheld with each affected utility to discuss utility relocation plans. The proposed relocations will be shown on the plan and sent to each affected utility. Two meetings will beheld with all utilities present; the first meeting after 30% plans are submitted and the second meeting after 95% complete plans are submitted. Meeting minutes will be provided for all utility meetings by WSB within two weeks. Task 13: Obtain Permits Permit applications will be prepared and submitted to the Local Government Unit (LGU) for the Wetland Conservation Act (WCA), the US Corps of Engineers for Section 404 approval, and the Watershed District for stormwater management plan approval. As part of this task, a wetland replacement plan will be developed to mitigate for any wetland impact that will occur as part of the project. A stormwater management plan will also be developed to be in conformance with the City's and watershed requirements. This task will also include preparing and submitting an application for the NPDES Stormwater Permit from the MPCA using the County format for SWPPP documents. Task 14: Public Involvement A public involvement program will be implemented that includes the following: 1. Agency Meetings: WSB will present the plans to the Richfield City Council and Hennepin County. It is assumed that WSB would attend up to four meetings. 2. City Website: WSB will provide graphics and/or write ups of the project for the City website. This may include project schedules, layouts, landscaping plans, or other information that may be of interest to residents in the corridor or of the city of Richfield. It is assumed that up to 4 updates would be provided. 3. Individual Property Owner Meetings: Approximately 10 individual property owner and business owner meetings will be held to discuss associated impacts during the project development and design phases. - 9 City of Richfield 66th Street and Portland Avenue October 28, 2005 10-3~ 4. Design Progress Meetings (DPM): WSB will present information on the plans to County and city representatives. It is assumed there will be four meetings and will discuss the following issues. Earthwork with Construction Watershed Permits R/W Issues Trails Maintenance Issues Signal Design, etc. Between agency meetings, properly owner meetings and design progress meetings this .task includes a total of 18 meetings. If additional meetings are required WSB would bill the meetings separately at a cost of $625.00 per meeting. This would include agenda, attendance and meeting minutes. Task 15: Bid Letting WSB will prepare the bid proposal and contract documents in preparation for bidding of the proposed improvements. WSB & Associates, Inc. will provide to the City of Richfield and Hennepin County the special provisions sections of the bid proposals associated with the bidding documents on bond paper and/or in Microsoft Word or compatible format. - 10 City of Richfield 66th Street and Portland Avenue October 28, 2005 io -3g 66th Street and Portland Avenue Final Design ~~' Work Plan and Estimate of Cost ~~~ d A;ZrebCiaL. Ine. .Estimated Hours PrincipaU Project Mana er r• Project Engineer Planner/ En ineer Engineering Technician 2 Person Surve Crew Clerical/O~ce Tech Total Task Cost Final Design 1 PROJECT MANAGEMENT 96 24 24 144 $15,792.00 2 ROUNDABOUT JUSTIFICATION 4 48 24 8 84 $8,124.00 3 FINAL GEOMETRIC LAYOUT 8 24 24 56 $4,816.00 (hITJEngineerin~ 4 FIELD SURVEY-BASE MAP PREP 4 4 24 60 92 $10,808.00 5 GEOTECD'NICAL SUBCONSULTANT (See Expenses) 6 LANDSCAPING PLANS. SUBCONSULTANT (See Expenses) 7 FINAL DESIGN/CONST PLAN PREP Title Sheet 6 12 24 4 46 $3,644.00 General Layout 6 12 12 30 $2,556.00 Estimated Quantities 4 16 16 16 4 56 $4,972.00 QuantiryTabulations 2 8 60 36 106 $8,878.00 Soils Construction Notes and Standard Plates 6 6 12 24 $2,046.00 Utility Tabulations 6 12 24 42 $3,444.00 Typical Sections 2 6 d6 16 40 $3,442.00 Miscellaneous Details/Standazd Plans 6 6 6 18 $1,602.00 Construction Staging and Traffic Control 6 12 36 36 90 $7,770.00 Temporary Traffic Signals 24 40 64 $5,552.00 Alignment Plans and Tabulations 3 24 12 39 $3,252.00 Utility and Removal Plans 3 12 24 39 $3,120.00 Roadway Plan and Profile Sheets 2 24 60 36 122 $10,606.00 Bike System 3 6 12 21 $1,722.00 Intersection Details 3 12 12 27 $2,232.00 Superelevation Diagrams 6 12 12 30 $2,556.00 Storm Sewer Plan and Profile 4 40 64 64 172 $14,996.00 Drainage Tabulations 6 24 30 $2,286.00 Turf Establishment/ErosionControl 6 12 18 $1,398.00 Stonn Water Pollution Prevention Plan 6 24 12 42 $3,576.00 Landscape and Architectural Coordination 6 6 12 24 $2,046.00 Signing Plans 2 8 24 36 70 $5,818.00 Striping and Pavement Mazking Plans 2 8 24 36 70 $5, 818.00 Cross-Sections 2 6 36 36 80 $6,622.00 11/1/2005 f ~ -- 4-0 Estimated Hours PrincipaU Project Mana er r• Project Engineer Planner/ En ineer Engineering Technician 2 person Serve Crew Clerical/Office Tech Total Task Cost 8 SPECIAL PROVISIONS 12 12 40 24 88 $7,396.00 9 CONSTRUCTION COST OPINION 2 6 8 8 24 $2,170.00 10 PLAN REVIEW AND APPROVAL 2 6 24 60 92 $7,378.00 li RIGHT-oF-wAYPLANS 2 8 24 60 60 154 $10,594.00 12 UTII.ITY COORDINATION 2 12 6 6 26 $2,014.00 13 OBTAIN PERMITS 2 36 12 6 56 $5,458.00 14 PUBLIC INVOLVEMENT 64 64 8 .136 $15,312.00 15 BIDDING 4 4 2 10 $1,032.00 FINAL DESIGN SUBTOTAL 228 424 660 744 60 146 2282 $200,848.00 verageLa6orCost $125.00 $108.00 $85.00 $74.00 $135.00 $50.00 Subtotal by Labor Category $25,500.00 ; $45,792.00 ? $56,100.00 j $55,056.00 ; $8,100.00 ; $7,300.00 xpexses $200,$4$,Qp Miscellaneous Expenses $2,000.00 MTJ Engineering GeotechnicalSubconsuttant ~ LandscapeSubconsultant - $20,000.00 $18,000.00 $15,000.00 Total Expenses - $55,000.00 TOTAL ESTIVIATED'COST OF SERVICES _- ~f ~S255,848.00 11/1/2005 ~ -- ~l ~~,~~;x. Final. Design of 66th Street and 17th Avenue City of Richfield PROJECT OVERVIEW Our proposal for final design of 66~ Street and 17~' Avenue is based on the preliminary layout of the roundabout intersection approved by the Richfield City Council on October 25, 2005. The project involves construction of a roundabout intersection that will serve the Cedar Pointe Development project. The scope of services that will be provided includes preparation of a roundabout justification report, development of a final horizontal layout, preparation of construction plans, landscaping plan, special provisions, right-of--way plat, and bidding documents. The final horizontal layout will identify the alignments and locations of all of the construction elements in the plan including but not limited to the alignment of and location of roadways, sidewalks, bicycle accommodations, bus pullouts, transit shelters, benches, pedestrian amenities, and lighting. WORK SCOPE This section outlines the work tasks that would be completed for the final design of 66~` Street and Portland Avenue. We have included all work tasks that we think maybe needed to complete the project except for those that we believe are being completed by others. It is assumed that a separate contract will cover the investigation of hazardous materials in the buildings that are to be removed for this project. The WSB team. will prepare construction documents (plans, specifications, and estimates) and associated engineering analysis and documentation required per agency requirements. The following work tasks are anticipated to be completed as part of the basic work for the project. Task 1: Project Management This task will consist of continued management and administration, project coordination and communication with the City of Richfield for the design phase. It includes periodic meetings with city staff and others to coordinate the various elements of the project. It is assumed that there will be 10 meetings. WSB will provide meeting minutes for all meetings WSB attends as part of this project. For additional meetings WSB will charge $625.00 per meeting. This includes meeting preparation (agenda), meeting attendance, and 1 City of Richfield 66th Street and 17th Avenue October 28, 2005 ~~--~2 ., w ~, meeting minutes. Also included in this task is billing preparation, invoicing, progress reports and other non-technical work associated with this phase of the project. Task 2: Roundabout Justification Report A roundabout justification report will be prepared that documents the reasons for a roundabout design at this location. The roundabout justification report will include a description of the intersection and rationale for selecting the intersection as a roundabout option including an operation analysis of current and projected traffic volumes, costs, right- of-way impacts, public support and pedestrian and bicycle impacts. Task 3: Final Geometric Layout WSB will work with MTJ Engineering to create a final geometric layout for the project. MTJ Engineering will prepare the layout and WSB will review the layout to assure that it achieves the project objectives. The final geometric layout will identify the final location for all horizontal elements related to vehicle traffic, transit, pedestrians and bicycles. This would include but not be limited to traffic lanes, transit pull outs and stops, sidewalks and paths, benches, lights, bollards, and other amenities related to transit, pedestrians or bicycles. Task 4: Data Collection/Field Design Survey Some field design surveys have been completed as part of previous design work in this area. However, additional design surveys will be required especially in the area south of 66~ Street. WSB will complete the necessary field survey and also collect information on city and private utilities for the project area. Culverts, hydrants, gate-valves and other drainage and utility elements in the corridor would be located as part of this field survey. It is assumed that five (5) days of field survey maybe necessary for the final design. This would provide approximately five (5) days of survey time to go back and pick up additional information where needed. This task also includes developing an updated design base map for the project from the survey information. Task 5: Geotechnical Study WSB will contract with a soils firm to collect some additional soils information for the project area for use in the design of the roadway section and utilities. A soils letter will be prepared with the recommendations for pavement design. 2 City of Richfield 66th Street and 17th Avenue October 28, 2005 l c~- ~3 Task 6: Landscaping Plans It is assumed that a separate landscaping plan will be developed for the project. WSB will sub this work to a consultant acceptable to the City of Richfield. The coordination of the landscaping plan with the roadway construction plans is included in Task 7.0 This task would include the preparation of the landscape plan and other aesthetic treatments for the project. This would include but not be limited to special treatments for sidewalks, cross- walks, benches, bus shelters, lighting, bollards, or other project elements. An overall theme would be identified as part of this task which would be applied to all of the surface elements of the project. Task 7: Final Design and Preparation of Roadway Construction Plans and Cross- Sections WSB will prepare a set of detailed construction plans for the grading, surfacing and drainage improvements associated with the improvements at 66~' Street and 17a' Avenue. Specifically, the construction plan will consist of the following sheets and include items shown in Mn/DOT State Aid example plan set and Hennepin County example plans. Title Sheet: Contains the location map, signature block, sheet index, project data, and station-reference point comparisons. General .Layout: Layout of the project showing the plan sheet layout and sheet numbers for reference. Statement of Estimated Quantities: Contains Mn/DOT's standard pay item number, item description and quantity of all materials. Quantity totals will be subtotaled by funding source (including pro-rata of lump sum items, 100% County, 100% City, and drainage split by flow percentages). References to quantity tabulations of each individual item will be made. Notes will be included where necessary for clarification. Quantity Tabulations: Tabulations will be prepared summarizing the earthwork volumes by station and the balance of calculations by stage. Calculations will be done using the average end area method. Detailed tabulations of each item contained on the estimated quantities sheet will be included. Two independent quantity calculations with one set checked by a senior engineer will be prepared for each item. • Soils Construction Notes and Standard Plates: Soils and construction notes covering special requirements and critical information contained in the soils letter will be listed. Standard plates used on this project will also be listed. 3 City of Richfield 66th Street and 17th Avenue October 28, 2005 fo - ~~ ~~~~, • Typical Sections: Sections will be shown for existing roadways and roadways to be constructed under this contract. The sections will be consistent with the pavement design, approved geometric layout, and soils and surfacing requirements shown in the soils letter. Surface type, base materials and subgrade corrections will be shown. • Miscellaneous Details: Provide horizontal geometry and details necessary for the construction of unique ornon-standard items and other items identified during the detail design process. • Standard Plans: Insert standard plans wherever needed to eliminate or supplement construction details in the plan.. • Construction Staging Plans and Layouts: Detailed plans will be prepared demonstrating astage-by-stage process by which the new roadways can be constructed. It is assumed that the project will remain open to traffic during construction and that access to in-place businesses is to be maintained at all times. .Detour plans will be provided if necessary. Prepare color coded general layout depicting staging sequence for use at meetings. Traffic Control Plans and Tabulations: Detailed plans and notes will be prepared showing the locations of signs, barriers and striping necessary to accommodate the construction staging within the project area in a manner consistent with the MMUTCD Manual, Field Manual dated January, 2001, for Temporary Traffic Control Zone Layouts, City of Richfield, and Hennepin County practices. The signing will be included on the staging plan. A tabulation showing the description and estimated quantities of traffic control devices by stage will also be prepared. Alignment Plans and Tabulations: Prepare alignment plans showing proposed roadway centerlines, stationing and identifying alignment points with point numbers and curves with curve numbers, including permanent horizontal control points. Prepare tabulation sheets showing alignment and curve data (PC, PT, PI, POT, POC, PCC) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius, tangent„ curve length, superelevation rate and X and Y coordinates. Existing Topography, Utility and Removal Plans and Tabulations: Prepare plans showing updated topographic features and private and public utilities, including wells, septic tanks, drain fields and field the within the project limits; proposed centerlines and right-of--way lines; and also pavement, pipe, culvert, drainage structure removals, and tree clear and grub location and tabulations.. 4 City of Richfield 66th Street and 17th Avenue October 28, 2005 10 -- ~f 5 ~,~ ,~ .°. ;LAM Roadway Plan Sheets: Prepare plans of the project providing detailed information on the location of items such as: roadways, shoulders, radii, turn lanes, acceleration lanes, driveways, tapers, right-of--way, easements, obliterations, station equations, fencing, eta Sidewalks and Trails: WSB will design a sidewalk and bicycle path system consistent with the approved geometric layout and state aid standards. Roadway Profile Sheets: Prepare profiles of the proposed mainline, cross roads and proposed driveways or driveway connections. Information shown on the profiles will include items such as: vertical control, vertical curve data, top-of-fmished surface, top-of-grading grade, culverts, subgrade corrections, removal of unsuitable materials and utilities (longitudinal and transverse crossings). Profiles along gutter flow lines will also be shown. • Intersection Details: Drawings of major intersections showing all horizontal geometry, edge of pavement profiles and details (such as radii, tapers, offsets and profiles) necessary for construction. Also included will be top-of- pavement vertical elevations of intersection for construction staking. • Storm Sewer Plans: Determine size of proposed drainage system components. WSB will determine the drainage areas for each structure and size the structure using an accepted hydrologic method. State Aid eligibility and cost splits will also be determined. • Culvert/Storm Sewer Profiles: Show centerline profiles of proposed culverts and storm sewers. Show the culvert or pipe size, length, grade, aprons, and inlet/outlet elevations. Also show all known existing and proposed utility locations along with elevations.. All utilities will be labeled. • Storm water Rate Control and Treatment: Design and prepare plans to meet review agency requirements. .This includes providing for special manhole treatment structures. • Superelevation Diagrams: Information presented in profile view labeling pavement edges and showing the station, location, and cross slope at the beginning, zero cross slope point, and end of the superelevation transition. The profile will show adjacent lane elevations relative to the profile grade, transition rates and distances from the PC or PT to critical points in the transition (e.g. crown runoff). Superelevation will also be shown in plan view on the turf establishment plans. 5 City of Richfield 66th Street and 17th Avenue October 28, 2005 l0'`~~ In-Place Drainage Tabulations: List type, size and location of in-place drainage structures within the project limits shown on the existing topography and. utility plans. Proposed construction impacts (remove, leave as is, etc.) will also be tabulated. Proposed Drainage Tabulation: List the location, type, size, length, inlet and outlet elevations, grade, class, erosion control, excavation and bedding for larger culverts. Turf Establishment Plans and Temporary and Permanent Erosion/Sediment Control: Prepare plans showing areas requiring temporary and permanent turf establishment due to construction disturbance and the type of material to be placed (sod, seed, mulch, wood fiber blanket, etc.). Show the type and location of temporary and permanent erosion control devices, sedimentation basins, waters of the State within one-half mile of the project and wetlands identified on the NWI map. SWPPP - A Storm. Water Pollution Prevention Plan will be prepared by WSB as required by the MPCA. Landscaping and Architectural Treatment Coordination: WSB will coordinate with the City and County regarding potential landscaping and architectural treatments. This task. would also identify the elements needed in the roadway plan to accommodate the proposed landscape plan. A separate task is identified for preparation of the landscaping and architectural treatment. Signing Plans: Prepare permanent signing plans showing the location of proposed signs and containing all details necessary for the fabrication and installation of the signs in accordance with Mn/DOT specifications. Assemble plans and prepare tabulations in accordance with Hennepin County and Mn/DOT Sign Plan Standards. Field check and record existing signs. It is assumed that all new signs will be used on the project.. Signing required by the city such as trail signs will also be incorporated. MTJ Engineering will review the signing plans to ensure that the signing is appropriate for the roundabout intersection. • Striping Plans and Pavement Marking: Prepare permanent striping plans showing the location, type, size and color of striping necessary for the permanent striping of this project, including standard plans. MTJ Engineering will review the signing plans to ensure that the signing is appropriate for the roundabout intersection. Cross-Section Sheets: Prepare mainline and side road cross-sections. Show existing ground, proposed roadway template, grading grade, existing utilities, existing culverts, right-of--way, temporary easements, driveway slopes, subgrade correction, unsuitable soil removal, and topsoil placement. Compute earthwork volumes and balances and show end area calculations on right side of cross-section sheet . 6 City of Richfield 66th Street and 17th Avenue October 28, 2005 ~e_ ~7 .~ Existing ground for each cross-section will be created from contour information available on the base mapping. An overview sheet will be included to show cross- section match lines. Demolition Plans: WSB will prepare a demolition plan for the 12 houses that have to be moved for the project. It is assumed that a hazardous material investigation will be completed under a separate contract with another firm and the report will be available for inclusion in the demolition plan. The demolition plan may be a stand alone contract or it maybe included in the contract for the roadway design. Task 8: Special Provisions Special provisions will be written for unique items not covered adequately in the "Mn/DOT Standard Specification for Construction" or the "Mn/DOT SP-5 Special Provisions". The appropriate City specifications will also be part of the special provisions. Each provision will contain a description, materials, construction requirements, method of measurement and basis of payment for each item. Deletions from and additions to standard specifications will be written and included as necessary. An electronic copy in Microsoft Word format, or the most current version of a compatible software, and a hard copy of the final provisions will be submitted. The special provisions will be coordinated with the County's Specification and Agreement Engineer. Task 9: Construction Cost Opinion WSB will prepare a construction cost opinion based on quantities generated as part of the preparation of the construction plans. Costs will be split by funding source (including pro rata of lump sum items. % County, % City, other percentage splits, and drainage split flow percentages). An electronic copy and a hard copy of the fmal estimate will be submitted. Task l0: Plan Review and Approval WSB will submit plans to and meet with the City of Richfield and Hennepin County Design Engineer to review plans and specifications outlined in the previous tasks. Revisions will be made to plans as appropriate. Following approval of the plans by Hennepin County, a camera ready copy of the plans and bid proposal will be provided WSB will submit plans and supplemental specifications for review and approval at three stages of development: Stage 1-Preliminary Design (30% Complete): WSB will develop the plans to 30% completion. The plans for Stage 1 will meet State Aid Standards and at a minimum will include existing topography and utility plans, vertical and horizontal alignment plans, intersection layouts, drainage plans, typical cross-sections, and preliminary utility relocations. 7 City of Richfield 66th Street and 17th Avenue October 28, 2005 1®-~8 Three (3) sets of prints will be submitted. This stage will essentially be the fmal geometric layout. Upon receipt of City and County review comments the plans will be revised accordingly. Stage 2 -Final Design (95% Complete): After receiving approval of Stage 1, WSB will complete all areas of design and all sheets in the plan and submit eight (8) sets of plans and supplemental specifications. Three (3) sets of design computations (including drainage) and quantity calculations will also be submitted. One (1) copy of the engineer's opinion of probable construction costs will. be submitted. Upon receipt of City and County review comments the plans will be revised accordingly. Stage 3 -Final Design (100% Complete): After receiving approval of Stage 2, WSB will incorporate the comments and will submit one (1) complete set of signed originals on bond paper with eight (8) copies. In addition, one (1) complete set of design computations, basis of quantity, and quantity calculations, and one (1) copy of the engineer's opinion of probable construction casts will be submitted. Task 11: Right-of--Way Plan and Layout WSB will prepare aright-of--way plan meeting State-Aid standards for review and approval. The plan will be included in the construction documents and will include the proposed construction plan and profile, estimated construction limits, proposed right-of- way and temporary and permanent easements. The right-of--way plan will have ownership tabulations, and show trees and other topographic information. WSB will also prepare a right-of--way layout with this information. The layout will be developed using County Right-of--way Division Standards. It is anticipated that WSB will meet with the City up to two times to fmalize the right-of--way plan. WSB will prepare parcel drawings and written right-of--way and easement descriptions for up to 5 parcels where acquisition of construction and temporary easements maybe required. Task 12: Utility Coordination WSB will coordinate with private and public utility owners in the corridor to identify affected utilities and develop a relocation plan. WSB will make aGopher-State One-Call for a utility locate. Information on existing utilities will be placed on the plans and a copy will be provided to each utility to have them verify or correct the information. Potential utility impacts will be identified and a meeting will be held with each affected utility to discuss utility relocation plans. The proposed relocations will be shown on the plan and sent to each affected utility. Two meetings will be held with all utilities present; the first meeting after 30% plans are submitted and the second meeting after 95% complete plans are submitted. Meeting minutes will be provided for all utility meetings by WSB within two weeks. 8 City of Richfield 66th Street and 17th Avenue October 28, 2005 ia- ~9 Task 13: Obtain Permits Permit applications will be prepared and submitted to the Local Government Unit (LGU) for the Wetland Conservation Act (WCA), the US Corps of Engineers for Section 404 approval, and the Watershed District for stormwater management plan approval. As part of this task, a wetland replacement plan will be developed to mitigate for any wetland impact that will occur as part of the project. A stormwater management plan will also be developed to be in conformance with the City's and watershed requirements. This task will also include preparing. and submitting an application for the NPDES Stormwater Permit from the MPCA using the County format for SWPPP documents. Task 14: Public Involvement A public involvement program will be implemented that includes the following: 1. Agency Meetings: WSB will present the plans to the Richfield City Council and Hennepin County. It is assumed that WSB would attend up to four meetings. 2. City Website: WSB will provide graphics and/or write ups of the project for the City website. This may include project schedules, layouts, landscaping plans, or other information that may be of interest to residents in the corridor or of the city of Richfield. Up to 4 updates will be provided over the length of the project 3. Individual Property Owner Meetings: Approximately 5 individual property owner and business owner meetings will be held to discuss associated impacts during the project development and design phases. 4. Design Progress Meetings (DPM): WSB will present information on the plans to County and city representatives. It is assumed there will be four meetings and will discuss the following issues. Earthwork with Construction Watershed Permits R/W Issues Trails Maintenance Issues Signal Design, etc. Between agency meetings, property owner meetings and design progress meetings this task includes a total of 13 meetings. If additional meetings are required WSB would bill the meetings separately at a cost of $625.00 per meeting. This would include agenda, attendance and meeting minutes. 9 City of Richfield 66th Street and 17th Avenue October 28, 2005 /®-5~ Task 15: Bid Letting WSB will prepare the bid proposal and contract documents in preparation for bidding of the proposed improvements. WSB & Associates, Inc. will provide to the City of Richfield and Hennepin County the special provisions sections of the bid proposals associated with the bidding documents on bond paper and/or in Microsoft Word or compatible format. 10 City of Richfield 66th Street and 17th Avenue October 28, 2005 lC~-Sl 66th Street and 17th Avenue Final Design ~~'~ Work Plan and Estimate of Cost Estimated Hours PrincipaU Project Mana er r• Project Engineer Planner/ En ineer Engineering Technician 2 Person Stove Crew Clerical/Office Tech Total Task Cost Final Design 1 PROJECT MANAGEMENT 80 16 16 112 $12,52 $,OQ 2 ROUNDABOUT JUSTIFICATION 4 40 16 8 68 $6,580.00 3 FINAL GEOMETRIC LAYOUT 4 12 12 28 $2,408.00 (MTJEngineeringJ 4 FIELDSURVEY-BASE 1t7AP PREP 2 4 16 40 62 $7,266.00 5 GEOT'ECAIVICAL SUBCONSULTANT (See Expenses) 6 LANDSCAPING PLANS SUBCONSULTANT (See Expenses) 7 FINAL DESIGN/CONST PLAN PREP Title Sheet 4 8 16 2 30 $2,396.00 GeneratLayout 4 8 8 20 $1,704.00 Estimated Quantities 2 16 16 20 2 56 $4,918.00 Quantity Tabulations 2 8 40 24 74 $6,290.00 Soils Construction Notes and Standard Plates 4 4 8 16 $1,364.00 Utility Tabulations 4 8 16 28 $2,296.00 Typical Sections 2 4 16 16 38 $3,226.00 Miscellaneous Details/StandardPlans 4 4 4 12 $1,068.00 Construction Staging and Traffic Control 4 8 24 24 60 $5,180.00 Temporary Traffic Signals Alignment Plans and Tabulations 2 16 8 26 $2,168.00 Utility and Removal Plans 2 8 16 26 $2,080.00 Roadway Plan and Profile Sheets 2 16 40 24 82 $7,154.00 Bike System 2 4 8 14 $1,148.00 Intersection Details 2 8 8 18 $1,488.00 SuperelevationDiagrams 4 8 8 20 $1,704.00 Storm Sewer Plan and Profile 4 24 48 48 124 $10,724.00 DraiaageTabulations ~ 4 16 20 $1,524.00 Turf EstablishmeaUErosion Control 4 ~ 8 12 $932.00 Storm Water Pollution Prevention Plan 4 16 8 28 $2,384.00 Landscape and Architectural Coordination 4 4 8 16 $1,364.00 Signing Plans 2 16 8 24 50 $4,434.00 Striping and Pavement Marking Plans 2 16 8 24 50 $4,434.00 Cross-Sections 2 4 24 24 54 $4,498.00 DemolitionPtans 2 4 64 80 8 158 $12,442.00 11 /1 /2005 ~~~ ~~ Estimated Hours PrincipaU Project Mana er r• Project Engineer Planner/ En ineer Engineering Technician 2 Person Surve Crew Clerical/Office Tech Total Task Cost 8 SPECIAL PROVISIONS 8 8 32 16 64 $5,384.00 9 CONSTRUCTION COST OPINION 2 4 8 8 22 $1,954.00 10 PLAN REVIEW AND APPROVAL 2 4 16 40 62 $5,002.00 11 RIGHT-OF-WAY PLANS 2 4 16 40 40 102 $7,002.00 12 UTII.ITY COORDINATION - 2 8 4 4 18 $1,426.00 13 OBTAIN PERMITS 2 24 8 4 38 $3,722.00 14 PUBLIC INVOLVEMENT 40 40 8 88 $9,720.00 15 BIDDING 4 4 2 10 $1,032.00 FINAL DESIGN SUBTOTAL 176 304 508 568 40 110 1706 $150,944.00 verageLaborCost. $,125.00 $108.00 $85.00 $74.00 $135.00 $50.00 Subtotal by Labor Category $22,000.00 $32,832.00 $43,180.00 $42,032.00 $5,400.00 $5,500.00 $150,944.00 xpenses Miscellaneous Expenses $2,000.00 MTJ Engineering Geotechnical Subconsultant LandscapeSubwnsultant $15,000.00 $6,000.00 $15,000.00 Total Expenses -- _ COT:1L ESTIM_4TED COST OF SERVICES ~ ~ $38,000.00 x,188,944.00 11/1/2005 t~ ,~~, 66t" Street and 17t" Avenue Project Schedule The time schedule assumes that this is a city let project with state aid funds. Activi A roximate Time Frame Start Acquisition Process for Total Takes November 2005 30 % Plans-Final La out December 15, 2005 ROW Plan -Temporary Easements Janua 15, 2006 Submit 95% Plans to Ci /Count Februa 15, 2006 Submit Final Plans to State Aid March 15, 2006 Take Possession of Homes Ma 15, 2006 Advertise Project Ma 15, 2006 Let Project June 15, 2006 Start Construction Jul. 1, 2006 Finish Construction November 30, 2006 66t" Street and Portland Avenue Project Schedule The time schedule assumes that this is a federal aid project but that federal dollars will not be used for right-of-way acquisition. Activit A roximate Time Frame Start`Acquisition Process for Total Takes November 2005 30 % Plans -Final La out December 15, 2005 ROW Plan - Tempora Easements Janua 15, 2006 S~b~it-95-% Pfans to-Ci# /Count Aril 15; 2006- Plan Revisions Ma , 2006 Submit Final Plans to State Aid June 15, 2006 Review and Revisions Jul and Au ust, 2006 Si ned Plans Se tember 15, 2006 ROW Certificate #1 Se tember 15, 2006 Advertise and Bid 2007 or 2008 - Construction . 2008 AGENDA SECTION: OS'HER BIISINESS AGENDA ITEM # Q REPORT # 207 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 REPORT PREPARED BY: KATIA MEDVETSKI, REDEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: .DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approvals for Professional Services Agreements for acquisition .and appraisal services for purchase of four properties for the new 17th Avenue and East 66th Street intersection. RECOMMENDED ACTION: By Motion: (1.) Approve the attached Professional Services Agreement with Conworth, Inc. and; (2.) Approve the attached Professional Services Agreement with BCL Appraisals, Inc. II. BACKGROUND • Council Memorandum No. 138, dated October 20, 2005, indicated a need to acquire four residential properties for the new intersection at 17h Avenue and 66th Street. • The properties identified include 6600 17th Avenue, 6601 16th Avenue, 1614 East 66th Street and 1620 East 66th Street. The homeowners have been contacted by letter regarding the project and need to acquire their property. • The Professional Services Agreement with Conworth, Inc. calls for providing acquisition, relocation, property management, and environmental investigation services at a cost not to exceed $33,500. 110705 PSA Conworth BCL The Professional Services Agreement with BCL Appraisals, Inc. calls for providing appraisal work and reports at a cost of $1,400. These two contracts are virtually identical to previous contracts for these same type of services. Funds are available for the consultants to begin work immediately upon approval of their respective Agreements. III. BASIS OF RECOMMENDATION A. POLICY • The Professional Services Agreements are utilized for projects requiring site assembly and are attached. B. CRITICAL ISSUES • Construction of the new intersection is scheduled to begin in the spring of 2006. • Acquisition and relocation processes should be completed by the end of March 2006. C. FINANCIAL • The costs of the contract services are related to the intersection development. D. LEGAL • The Professional Services Agreement is a standard agreement used by the City. IV. ALTERNATIVE RECOMMENDATION(S~ • Delay. approving the Professional Services Agreement. • Do not approve the Professional Services Agreement. V. ATTACHMENTS • Professional Services Agreement with Conworth, Inc. • Professional Services Agreement with BCL Appraisals, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~~~ PROFESSIONAL SERVICES AGREEMENT Conworth, Inc. THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota, hereinafter referred to as the "CITY", and Conworth, Inc., hereinafter referred to as "CONWORTH". WITNESSETH: WHEREAS, the CITY wishes to purchase the services of CONWORTH; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the CITY and CONWORTH agree as follows: 1. TERMS AND COST OF THE AGREEMENT CONWORTH agrees to furnish services to the CITY for the implementation of various phases of a land acquisition project that include acquisition, relocation, property management, and professional environmental services specifically related to 6600 17th Avenue, 6601 16th Avenue, 1614 East 66th Street, and 1620 East 66th Street, as described in the CONWORTH proposal dated October 28, 2005. The total cost of this Agreement shall not exceed $33,500.00 unless amended by the CITY. This figure does not include the cost for demolition or other site clearance. Should these additional services be required, an amendment to the AGREEMENT will be necessary. All reports, memos, and other data produced by CONWORTH become the property of the CITY. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly. Payment for services shall be made directly to CONWORTH by check. Invoices shall be of sufficient detail for the CITY to determine the line item task being completed. Payment shalt be made within 30 days of receipt of an invoice by the CITY. The cost of the work conducted under this Agreement shall not exceed $33,500.00 unless amended by the CITY. 3. INDEPENDENT CONTRACTOR CONWORTH shall select the means, method, and manner of performing the services herein in consultation with the CITY. Nothing is intended or should be construed in any manner as creating or establishing the relationship of /'~ copartners between CONWORTH and the CITY or as constituting CONWORTH as the agent, representative, or employee of the CITY for any purpose or in any manner whatsoever. CONWORTH is to be and shall remain an independent contractor with respect to all services performed under this Agreement. CONWORTH represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of CONWORTH or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the CITY, and shall not be considered employees of the CITY. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against CONWORTH, its officers, agents, contractors, or employees shall. in no way be the responsibility of the CITY. CONWORTH shall defend, indemnify, and hold the CITY, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION The CITY operates in accordance with the City of Richfield's policies against discrimination. No person shall be excluded from or denied the benefits of any service performance or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination.. CONWORTH shall (1) furnish all information and reports which may be required by the City's Affirmative Action Policy, and (2) it shall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit A). 5. INDEMNITY AND INSURANCE CONWORTH agrees to defend, indemnify, and hold the CITY, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney, fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of CONWORTH, its agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the L / failure of CONWORTH to fully performance in any respect, all obligations under this contract. 6. RECORDS -AVAILABILITY CONWORTH agrees that the CITY, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, .and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONWORTH and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 7. DATA PRACTICES COMPLIANCE This contract is governed by Minnesota Statutes, § 13.05, subds. 6 and 11, the provisions of which are incorporated by reference into this contract. The CITY agrees to give CONWORTH access to data collected or maintained by the CITY as necessary to perform CONWORTH 's obligations under this contract. CONWORTH agrees to maintain all data obtained from the CITY consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. §§ 13.02 et sea. (the "Act"). CONWORTH will not release or disclose the contents of data classified as not public to any person except at the written direction of the CITY. CONWORTH agrees to defend and indemnify the CITY from any claim, liability, damage or loss asserted against CITY as a result of CONWORTH 's failure to comply with the requirements of this paragraph; provided that CONWORTH shall have no duty to defend or indemnify where the CONWORTH has acted in conformance with the CITY's written directions. Upon termination of this contract, CONWORTH agrees to return data to the CITY, as requested by the CITY. 8. NON-ASSIGNMENT CONWORTH shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the CITY. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. ~~~ b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION a. If CONWORTH fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the default is excused, the CITY, may upon written notice, immediately cancel the Agreement in its entirety. b, The CITY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. c. This Agreement may be canceled without cause by either party upon thirty (30) days written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of CONWORTH with the activities of the CITY so as to accomplish the purposes of this contract, Patrick Smith, Community Development Manager, shall manage this contract on behalf of the CITY. In addition, from time to time, meetings shall be held between CONWORTH and CITY staff. CONWORTH may also report directly to the City Council of the CITY. 12. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. Notices shall be senf as follows: Community Development Department Patrick Smith Community Development Manager City Hall 6700 Portland Avenue South Richfield, MN 55423 Conworth, Inc. Ken Helvey ~~ 4725 Excelsior Boulevard Suite #200 Minneapolis, MN 55416 CONWORTH having signed this contract, and the CITY having duly approved this contract on , 2005, and pursuant to such approval and the proper CITY officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. CITY OF RICHFIELD, MINNESOTA By: Martin L. Kirsch Its: Mayor By: Steven L. Devich Its: City Manager CONWORTH, INC. By: Ken Helvey Its: Vice President ~~ l~ EXHIBIT A AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the City "to provide equality of opportunity in employment to all person and to prohibit discrimination because of race, color, religion, national origin, place of residents, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices". The program further requires that the City support the various relationships with contractors, subcontracts and vendors.. Therefore, requirements have been adopted for contracts as follows: a. The contractor shall submit a signed statement (Exhibit B) signifying that they are in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no person shall, on the ground of race, creed, color, sex, age, disability, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination. under any program, service, or activity for which the parties received, or will receive financial assistance under the provisions of any and all applicable federal and state laws against discrimination. The contractor will furnish all information and reports if required by the City of Richfield or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders. c. 1971 Minnesota Statutes 181.59 is made a part of this contract. See Exhibit C. ~-~ EXHIBIT B STATEMENT OF COMPLIANCE The undersigned, in his/her capacity as agent for CONWORTH, hereby states that CONWORTH is in compliance with the standards of equal employment and anti- discrimination as cited in the Civil. Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated: By: Its: ~-8 EXHIBIT C 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract maybe canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c609 s 11 ~~~ REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and BCL Appraisals, Inc., (whose address is 2855 Anthony Lane South, Suite 145 Minneapolis, MN 55418, ATTN: Ron Lachenmayer), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 17th Avenue Road Improvement project; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete Uniform Residential Appraisal Reports (URAR) for the properties listed on Exhibit A attached hereto no later than February 28, 2006. The fee for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the value of the property shall be at the rate of $150.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $150.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards; the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's-Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's - payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. al -~ 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all- personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against. all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. ~-l1 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and axe deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 11. DEFAULT AND CANCELLATION a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall ~-~a constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with .the activities of the City so as to accomplish the. purposes of this contract, Katia Medvetski, Redevelopment Specialist shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER Steven L. Devich, City Manager STATE OF MINNESOTA COUNTY OF )SS. Ron Lachenmayer The foregoing instrument was acknowledged before me this day of , 2005, by Steven L. Devich, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment g-/3 Notarial Stamp Or Seal (Or Other Title Or Rank) STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of , 2005, by Ron Lachenmayer, the President of BCL Appraisals, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) q-~7` EXHIBIT A Description of Properties to be Appraised and Appraisal Fees Pro a Address PID Number T e of Takin Fee for Uniform Residential A raisal Re ort 6600 - 17th Ave. 26-028-24-41-0005 Full Fee $350.00 6601 - 16th Ave. 26-028-24-41-0020 Full Fee $350.00 1614 E. 66th St. 26-028-24-14-0123 Full Fee $350.00 1620 E. 66th St. 26-028-24-14-0122 Full Fee $350.00 TOTAL $1,400.00 STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING NOVEMBER 7, 2005 RESOLIITION 206 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~'. ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution levying special assessment for improvements to abate a public nuisance. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution levying a special assessment for improvements to abate a public nuisance at 7601 ndale Avenue. II. BACKGROUND Mainstreet Village is the owner of the property located at 7601 Lyndale Avenue. The property suffered from a drainage problem where the rain gutters from the property deposited water on the sidewalk, which caused a public safety concern, because flowing water hinders free and unimpeded pedestrian travel on the sidewalk and because in cold weather the water freezes and presents a safety hazard for pedestrians. At the July 26, 2005 City Council meeting, the City Council approved a Petition and Waiver Agreement with Mainstreet Village whereby, the City would reconstruct the public sidewalk and install one or more drainage pipes under the sidewalk in order to abate the nuisance created by the existing condition. As part of the agreement 1107MainstreetAssessment the owner of the property would share in 50 percent of the cost of the reconstruction through the levying of a special assessment against the benefited property. Subsequent to the July 26, 2005 meeting, the City has reconstructed the sidewalk and corrected the public nuisance at a cost of $12,556.87. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statutes provide that the City may levy a special assessment to recover these costs. B. CRITICAL ISSUES • N/A C. FINANCIAL • The cost of the improvement is $12,556.87, of which the share to the property owner is 50 percent of the cost. • The proposed special assessment of the abatement of the nuisance is $6,278.44 with an additional 6% interest penalty to be spread over five years. ID. LEGAL • The Petition and Waiver Agreement provides that the owner of the property waives notice of hearing and hearing on the proposed improvement pursuant to Minnesota Statute 429.031 and also waives notice of hearing and hearing on the special assessments pursuant to Minnesota Statute 429.061. • .Finally, the Petition and Waiver Agreement provides that any requirements of Minnesota Statutes, Chapter 429, with which the City does not comply are hereby waived by the owner. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the attached resolution and have the costs absorbed by the City. V. ATTACHMENTS • Resolution levying special assessment for improvements to abate a public nuisance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~ -! RESOLUTION NO. RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following described properties are hereby specially assessed in the following amounts for expense incurred by the City in connection with abatement of a nuisance health hazard and a safety hazard pursuant to provisions of Minnesota Statutes, Section 429.101, to wit: PROPERTY ID ADDITION ADDRESS AMOUNT NUISANCE ABATEMENT: 34-028-24-33-0093 7248 7601 Lyndale Ave. $6,278.44 2. The above special assessments are to be spread over five years at the rate of 6% interest per annum. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota this 7th day of November, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6F REPORT # 205 r~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for 200 tons of soda ash for water treatment. I. RECOMMENDED ACTION: By Motion: Award of contract to Hawkins, Inc. for 200 tons soda ash in the amount of $62,294.00 for the ear 2006. II. BACKGROUND The chemical soda ash is used in the water treatment process to lower water hardness and to produce soft water. Soda ash removes the non-carbonate hardness from the water as well as assisting the lime in softening the water. Approximately 200 tons of soda ash is required each year for treatment. The notice of bids for the soda ash was published in the Richfield Sun-Current on October 6 and October 13, 2005 and the Construction Bulletin on October 7 and October 14, 2005 with hope of a greater response. A formal bid opening was held on October 25, 2005. Of the two contractors that requested the specifications, Hawkins, Inc. was the low bidder at $311.47 per ton,. $62,294 per year. The contract for 2001 and 2002 was awarded to Hawkins, Inc., for the purchase of 400 tons of soda ash at a price of $191 per ton. This contract was extended for the 1107Soda Ash years 2003 and 2004 at a unit price of $210 per ton. In 2005, Hawkins was awarded aone-year contract at a unit price of $244 per ton. III. BASIS OF RECOMMENDATION A. POLICY • Hawkins, Inc. was the lowest responsible bidder and is an established contractor that meets all requirements. B. CRITICAL ISSUES • Soda ash is a necessary chemical required to soften water. C. FINANCIAL • There are sufficient funds in the 2006 Water Maintenance budget (51000-6412) for the purchase of soda ash. D. LEGAL • If the amount of purchase is estimated to exceed $50,000, sealed bids shall be solicited by public notice. • When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may reject the bid and direct staff to readvertise; however, staff does not believe we can obtain a better price from a reputable contractor. V. ATTACHMENTS • Bid minutes and tabulation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~'~ CITY OF RICHFIELD, MINNESOTA Bid Opening October 25, 2005 10:00 a.m. Water Treatment Plant Chemicals Soda Ash City Bid No. 05-11 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids. for water treatment plant chemicals -soda ash, as advertised in the official newspaper on October 6 and October 13, 2005 and the Construction Bulletin on October 7 and October 14, 2005. Present: Deborah Guiher, Deputy City Clerk Cheryl Krumholz, City Manager Representative Judy Disrud, Water Plant Supervisor The following bids were submitted and read aloud: Bidder's Name/City Bond Total Base Bid Thatcher Co. of Montana. Cashier's Check $ 77,000.00 Missoula, Montana Unit Price $385.00/ton Hawkins Inc. Presented $ 62,294.00 Minneapolis Unit Price $311.47/ton The Deputy City Clerk announced that the bids would be tabulated and considered at the November 7, 2005 City Council Meeting. Deborah Guiher Deputy City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # (>$ REPORT # ZO~F STAFF REPORT CITY COUNCIL MEETING NOVEMBER 8, 2005 REPORT PREPARED BY: ROBERT HnvTGEN, UTILITY SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY n/ MANAGER: L~J ITEM FOR COUNCIL CONSIDERATION: Consideration of approval to hire Bonestroo, Rosene, Anderlik, & Associates to prepare plans ands ecs for the Water Treatment Facilit Lime Slud a Press Re lacement Pro'ect. I. RECOMMENDED ACTION: By Motion: Approve purchase of Engineering Services from. Bonestroo, Rosene, Anderlik & Associates, for a fee $35,700.00 plus related reimbursement expenses. II. BACKGROUND The sludge dewatering building and presses were built and installed in 1987. These presses are now 18 years old and are rapidly nearing the end of their useful life. The plant maintenance staff has reported having to do more work on the presses each year and that there are becoming more times when they have had difficulty in obtaining parts for the units. This is one of several improvements planned at the Water Treatment plant and one that is vital to its operation. With inoperable sludge presses, there is no alternative for disposal of the sludge. Bonestroo, Rosene, Anderlik & Associates, Inc. completed a preliminary analysis. Based on the preliminary analysis the total cost estimated for replacing the sludge presses with engineering fees is $815,000.00 1107SDBPresses III. BASIS OF RECOMMENDATION A. POLICY • Bonostroo, Rosene, Anderlik & Associates, Inc. are currently working with the Water Division on filter renovation, sludge dewatering roof replacement, and the Water Plant analysis. They have an excellent work history with the City and come highly recommended. • .Once the consultant is hired, staff will begin the competitive bid process as required under the State Statutes for contracts in excess of $50,000.00. B. CRITICAL ISSUES • The sludge presses are used to dewater- the lime slurry, which is a by- product of the softening process. This by-product is then hauled away by trucks and applied to farmland. • The sludge dewatering building and presses were built and installed in 1987. While they have been adequately maintained, the presses are now old and rapidly nearing the end of their useful life. • This project is in the proposed 2006 budget, however, because most renovations and major equipment replacements are best scheduled during periods of lower water demand, and because the lead time for fabricating such pieces of equipment are quite long, the time to begin .preparation for the fall-winter of 2006-2007 replacement is now. C. FINANCIAL • The expenditure for this project is in the 2006 CIB/CIP • The Water Division has the funds to cover this project and it will not affecf the general fund. D. LEGAL • 'All contracts or purchases in excess of $25,000 require Council approval IV. ALTERNATIVE RECOMMENDATION(S~ • Council could decide to keep the original lime sludge presses, but staff is required to do more repair and maintenance work on the presses each year and obtaining parts for the units is becoming more difficult. V. ATTACHMENTS • Report from Bonestroo, Rosene, Anderlik & Associates, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~O~-/ 2335 West Highway 3G • St. Paul, MN 55113 Bonestroo ® ROSene Office: 651-G3G-4600 ^ Fax: G51-G3G-1311 Anderlik & www.bonestroo.com Assoc~~tes fTngineers & Architects October 18, 2005 Robert Hintgen City of Richfield 6700 Portland Avenue Richfield, MN 55423 Re: Water Treatment Facility Lime Sludge Press Replacement Project Proposal for Engineering Services Bonestroo File No. 000673-05112-0 Dear Robert; We are glad to see that the City of Richfield is continuing.its program of renovating select. portions of the water treatment plant that are in need of repair or replacement. Regular maintenance and process upgrades at public treatment facilities are very important for the health and viability of a water system and for a community. Recently, the City has successfully completed renovation of Filter No. 6 and replacement of the Sludge Dewatering Building Roof. During this season of lower water demands, the City will complete: renovation of its remaining filter cells; replacement of the filter function valves; replacement of the Plant's HVAC system; and further. improvements of its chemical storage and application systems. According to our Facility. Study, the next project in the City's water treatment plant renovation program is to replace its (2) lime sludge presses. Because most renovations and major equipment replacements are best scheduled during periods of lower water demand, and because the lead- time for fabricating such pieces of equipment are quite long, the time to begin preparation for the Fall-Winter of 2006-2007 replacement of the lime sludge presses, is now at hand. As we discussed earlier, this letter is our proposal for engineering services associated with replacement of the lime sludge presses. The scope of this proposal covers services for Phase 2, which comprises the planning, design, and construction document preparation elements of the Project. Background As part of the Facility Study, the Bonestroo/Richfieldproject team reviewed the operations and maintenance of the lime presses. While the presses have been adequately maintained, the presses are now 17 years old and rapidly nearing the end of their useful life. The plant maintenance staff has reported having to do more and more work on the presses each year and that there are becoming more times when they have had difficulty in obtaining parts for the units. St. Paul, St. aloud, Rochester, MN ^ Milwaukee, WI • Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned ~~~ Robert Hintgen October 18, 2005 Richfield, MN Page 2 Project Description The two (2) existing lime presses are plate. and frame type. These lime presses are 1200 millimeter JVVI® brand units whose 60 cubic foot. ca ap cities have been increased b_.~t~i~C~t~~o near 90 cubic feet each: For this project, it is proposed that replacement of the lime presses and controls involve an in-kind replacement with new plate and frame presses ofnear-similar design; capacity and operation. The lime sludge presses are located on the upper floor of the water treatment plant sludge dewatering building. The orientation along the length of each unit is east-west. The proposed replacement project will involve demolition and reconstruction efforts to the west side and interior spaces of the sludge dewatering building. During the fall. and winter months, the City only requires the capacity provided by one press, so the construction project is proposed to proceed in an orderly manner where the existing units will be removed and replaced sequentially. The proposed plan is to .open_up a_hole _through_the west .exterior. masonry. wall of the sludge - __ dewatering building that is directly in line with one press. The corresponding press will be disconnected and slid out the opening. Immediately following this operation, the existing concrete supports and piping systems will be modified to fit the new press. Once this work is complete, a new press will be slid into place, connected to the existing piping and power systems, and brought on-line as soon as possible. Concurrent to start-up of the new press, the masonry opening will be repaired and a second hole - in line with the second press-will be made. Once the new press has been put on-line, the second existing press will be removed and replaced in similar manner. Demolition and replacement efforts are generally proposed as necessary for the physical removal and replacement of the presses. In addition to work on the building's masonry wall, concrete equipment bases, and process piping systems, miscellaneous modifications to the building's electrical and HVAC systems are also expected. At the time that masonry work is occurring, the project will include provisions for repair of the masonry units located behind the building's scupper sumps that were damaged during freeze-thaw cycles that occurred before the roof was replaced. Plant staff has indicated that the lime feed pumps are only 6 years old and will not require replacement: With respect to the press controls and operation, plant staff has requested that a clean-water flush cycle be added with the new presses to allow the plant operators to periodically rinse the plate cloths. It is our understanding that an existing 2" water line located within the building can be used for as the supply source. The project bid specifications will contain provisions for a programmed rinse cycle. .Once the presses are installed and functioning and all other work has been completed, the interior walls ceilin and floor of the building's upper floor will be painted. The ceiling and exposed ~' trusses will be sandblasted prior to receivmg finish coatings. Painting of the lower level surfaces is not currently proposed,. but can be added if you like. ~#' ~ / Robert Hintgen Richfield, MN October 18, 2005. Page 3 Project Schedule The proposed project schedule is presented below: 'While it may seem that this project will not occur for a while, the reality is that because of the long: lead-time involved with fabrication. of the __ _ _.___ units, the planning and design efforts need to begin in the very near future. Event Proposal Design: Approvals/Bidding: Recommend Award: Award to contractor: Contract/PO Signing: Shop Drawings: Submittal Review: Fabrication: _. ._. Demo/Installation: Start-up Demo/Installation: Start-up Project Completion: End: Duration 2 Weeks 8 Weeks 4 Weeks 2 Weeks 0 Weeks 4 Weeks 6 Weeks 4 Weeks 16 Weeks 8 Weeks Number 1 2 Weeks Number 1 8 Weeks Number 2 2-Weeks Number 2 4 Weeks Begin Mid-October 2005 November 2005 January 2006 February 2006 February 14, 2006 Mid-February 2006 Mid-March 2006 May 1, 2006 .June 1.,2006...... ~1 October 1, 2006 -- tv011 ~ 1 ~' ab~,° December 1, 2006 Mid-December 2006 . ~"p~ , - x007 Mid=February 2007 March 1, 2007 April 1, 2007 Updated Construction Cost We estimate the construction cost for this project to be approximately $815,000. Engineering Services In order for the-shop drawing process to begin in mid-March 2006, the City of Richfield desires preparation of the project construction plans and specifications to be complete by December 30, 2005. We propose to provide all necessary, process, structural and electrical engineering services necessary to assemble the plans and specifications for this project which will include lime press and control unit replacement. For the controls portion, we will work closely with the City's operations staff to ensure their concerns are addressed. See Appendix A for a detailed description of the scope of the engineering services. Upon authorization of this proposal, we will notify the Minnesota Department of Health (MDH) of the project as it is important to get the MDH involved early in the project to facilitate a smooth approval process. Upon completion, copies of the plans and specifications will be presented to City Staff and the MDH for review and comment. Consultant Staff For this project, I will, again, serve as the project manager and will be responsible for coordinating the work efforts and schedules of our other team members. Karen Cavett will serve as process engineer and assist me with layout and design of the replacement equipment. As needed, I will, again, utilize Chuck Oehrlein -electrical engineering; and Phil Caswell - (~ E~'} Robert Hintgen Richfield, MIV October 18, 2005 Page 4 structural engineering, who are staff members .that have worked with me on many other water plant projects, including the previous projects at your facility. Compensation Phase 2 Engineering Fees: We propose to complete the Phase 2 design services on an hourly basis that is Not-to-Exceed $35,700, plus Reimbursable Expenses. Reimbursable expenses include such items as mileage, postage, and printing. Reimbursable expenses are billed at cost as they are incurred and axe estimated at no more than $850 for Phase 2. We understand that the value of this Not-to-Exceed amount cannot increase without further authorization from you. The terms and conditions of this proposal wholly include the contents of the December 10, 1999 Agreement between the City of Richfield and Bonestroo, Rosene, Anderlik & Associates, Inc. It is very important to us that our services continue to fully satisfy your needs.. So after you have had an opportunity to review this proposal, we would like to hear any comments, questions, and concerns you may have. If this proposal is acceptable, please sign and return a-copy of this letter, authorizing us to proceed. Yours very truly, BONESTROO, ROSENE~ANj ERLIK & ASSOCIATES, INC. Proposal is accepted; CITY OF RICHFIELD By Steve Devich, City ~.~anager Date BY Date Michael Eastling, Director of Public VrTorks Associate Pri/ncipal /~, _ Date l ~ ~G~ ~~ („ ~ Robert Hintgen `~ ~ ' `~ October 18, 2005 Richfield, MN Page S A. Basic Services Appendix A Scope of Engineering Services Phase 2 -Final Design Services Purpose: To work closely with the City of Richfield to finalize the design for replacing the lime presses; to complete the creation of project bidding and construction contract documents; and to seek involvement of the Minnesota Department of Health. (MDH) early in the design process to facilitate regulatory acceptability: and to submit documents necessary to obtain the necessary agency approvals. Tasks 2.1 Prepare Final Construction Plans 2.2 Submit 60% Drawings to City of Richfield 2.3 Submit 60% Drawings to MDH 2.4 Prepare Project Specifications 2.5 Submit Final Documents to MDH and City of Richfield 2.6 Formal City of Richfield Approval to Bid B. Supplemental Services If authorized by the City of Richfield, the Engineer will provide the following services: 1.1. Making revisions in drawings, specifications or other documents when such revisions are: 1.1.1. Requested by the City of Richfield and are inconsistent with approvals or instructions previously given by the City of Richfield; 1.1.2. Required by the enactment or revisions of codes, laws or regulations subsequent to the preparation of such documents; 1.1.3. Due to-any other causes beyond the Engineer's control. 1.2. User rate studies. 1.3. Preparation of applications for funding assistance. 1.4. 1.5. Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted engineering practice. C:\Documents and Settings\rsb\Local Settings\Temporary Internet Files\OLKI\Ilintgen_MBJ^IO-18-OS Lime Sludge Press Replacement Project Engineering proposal.doc AGENDA SECTION: CUNSENT AGENDA ITEM # 6D REPORT # 2D3 ~~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 REPORT PREPARED BY: BETSY OSBORN ,ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNA REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2006 for Metro Pawn and Gun, Inc. and. Capital Cash, LLC d/b/a Hy's Pawn and set date for public hearin . I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 13, 2005, for the renewal of pawnbroker and secondhand goods dealer licenses for 2006 for: • Metro Pawn and Gun, Inc.; and • Capital Cash. LLC d/b/a Hv's Pawn. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on January 1, 2006, Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. 1107 Set PH Pawn'and Secondhand Goods Licenses Holding the public hearing on December 13, 2005 will provide ample time to complete the licensing process before January 1, 2006. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conducts a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL ISSUES • License ,renewals for 2006 must be approved by December 31, 2006. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # . STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 C(i~l'~SENT 6C 202 REPORT PREPARED BY: COUNCIL PRESENTER: BETSY OSBORN, ADMII~TISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2006 for: MDM EAR, Inc. d/b/a Backyard Bar and Grill; Khan's Mongolian Barbeque; Minneapolis- Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Champps Operating Corporation, dba Champps Sports Cafe; Wiltshire Restaurants, LLC dba Houlihan's Restaurant & Bar; The Frenchmans; and Taco Morelos, and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 13, 2005 for the renewal of on-sale intoxicating and Sunday liquor licenses fior 2006 for: • MDM EAR d/b/a Backyard Bar and Grill; • Khan's Mongolian Barbeque; • Minneapolis-Richfield American Legion Post 435; • Fred Babcock VFW Post No. 5555 qb/a Four Nickels Food and Drink• • Don liablo's Operatin Corporation d/b/a Don Pablo's; • Champps Operating corporation d/b/a Champps Sports Cafe; • Wiltshire Restaurants, LpC d/b/a Houlihan s Restaurant & Bar; • The Frenchmans, • Taco Morelos. 1107 Set PH Liquor Licenses Renewal II. BACKGROUND The on-sale liquor licenses for restaurant establishments will expire on January 1, 2006. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 13, 2005 will provide ample time to complete the licensing process before January 1, 2006. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conducts a public hearing to consider all liquor license renewals. B. CRITICAL ISSUES • License renewals for 2006 must be approved by December 31, 2005. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date; however, this may delay the licensing process. V. ATTACHMENTS • None- VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: C(?NSENT AGENDA ITEM # 6B REPORT# 2U'1 ~- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, T/TLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2006 for Red Pepper Chinese Restaurant; Thompson's Fireside Pizza; Pu'hket Thai Restaurant; Aribel's Restaurant; Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; and The Noodle Sho -Colorado, Inc., d/b/a Noodles and Com an . I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 13, 2005, for the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2006 for: • Red Pepper Chinese Restaurant; • Thompson's Fireside Pizza; • Pu'hket Thai Restaurant; • Aribel's Restaurant; • Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; and, _ • The Noodle Sho -Colorado, Inc. d/b/a Noodles and Companv. 1107 Set PH for Wine and Malt Liquor Licenses II. BACKGROUND. The on-sale wine and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on January 1, 2006. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 13, 2005 will provide ample time to complete the licensing process before January 1, 2006. III. BASIS OF RECOMMENDATION A. hOLICY • City ordinance provides that the City Council conducts a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals. B. CRITICAL ISSUES • License renewals for 2006 must be approved by December 31, 2005. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # 6A REPORT # 2'00 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 7, 2005 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions levying special assessments for nuisance abatement and weed destruction. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions levying special assessments for nuisance abatement and weed destruction against listed ro ert owners. II. BACKGROUND • The special assessment for nuisance abatement is for costs incurred by the City in connection with abatement for nuisances on certain properties in the City, which are not properly maintained. • The owners of the subject properties are notified by the City to correct the nuisance and have failed to do so within a timely limit. • The property owners were notified that if the nuisance were not abated within the proper time limit, the City would take the corrective action necessary and bill the property owner. • Finally, each year the City hires contractors to cut weeds on certain properties in the City not maintained by the owners. ff the owner fails to -cut the weeds in a timely manner after notification by the City, the City undertakes the -weed destruction and bills the property owner for the service. • In all cases, the property owners were notified that any unpaid charges of fees may be assessed against the property. 1107assessments III. BASIS OF RECOMMENDATION A. POLICY • The nuisance properties were not maintained by the owners and the City incurred costs to abate the nuisance. • Minnesota State Statutes provide that the City may levy a special one- yearassessment for these costs. • Notice of the certification was published in the Sun Current October 13, 2005. B. CRITICAL ISSUES • N/A C. FINANCIAL • The proposed special assessment for nuisance abatement is $210 with an additional 6% interest penalty. • The proposed special assessment for weed destruction is $1,124.20 with an additional 6% interest penalty. • Costs incurred for City staff time in the clean up of the properties is included in the special assessment amount. • A $25 administrative fee is charged to all properties. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution levying special assessments for nuisance abatement for one year with 6% interest. Resolution levying a special assessment for weed destruction for one year with 6% interest. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~~ RESOLUTION NO. RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT AND FALSE ALARM FEES BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following described properties are hereby specially assessed in the following amounts for expense incurred by the City in connection with abatement of a nuisance health hazard and a safety hazard pursuant to provisions of Minnesota Statutes, Section 429.101,. to wit: PROPERTY ID ADDITION ADDRESS AMOUNT NUISANCE ABATEMENT: 34-028-24-41-0025 44834 7545 5t" Ave. $75.00 35-028-24-11-0050 45315 7045 16t" Ave. So. $135.00 2. The above special assessments are to be spread over one year at the rate of 6% interest per annum. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota this 7th day of November, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~A a.. RESOLUTION NO. RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following described properties are hereby specially assessed in the following amounts for expense incurred by the City in connection with abatement of a nuisance health hazard and a safety hazard pursuant to provisions of Minnesota Statutes, Section 429.101, to wit: PROPERTY ID ADDITION ADDRESS AMOUNT WEED DESTRUCTION: 35-028-24-33-0042 45787 7632 Oakland Ave. So. $137 00 34-028-24-42-0104 45890 7544 2"d Ave. So. . $137 00 26-028-24-44-0104 45197 6944 17th Ave. So. . $300 00 35-028-24-12-0032 46005 7101 12th Ave. So. . $116 00 29-028-24-41-0156 46790 6713 Queen Ave. So. . $135 60 32-028-24-12-0095 46008 7120 Bloomington Ave. So. . $177 00 33-028-24-32-0056 45140 1900 76th Street West . $121.60 2. The above listed special assessment will be spread over a period of one year at the rate of 6% interest per annum. 3: That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota this 7th day of November, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk