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03-26-02 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, MARCH 26, 2002 ~`- SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6:00 P.M. AGENDA Call to order Roll call I. Discussion of City Council 2003 salary adjustment Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6:30 P.M. AGENDA INTRODUCTORY PROCEEDFNGS Call to order Roll call Open Forum (15 minutes maximum) Each speaker is asked to complete a speaker's form and provide it to staff member. Speakers are asked to keep their,comment period o three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Notes: Pledge of Allegiance Approval of minutes of (1) Regular City Council Meeting of March 12,.2002; (2) Special City Council Worksession of March 18, 2002; and (3) Special Concurrent City Council and HRA and Planning Commission Meeting of March 19, 2002. PRESENTATIONS 1. Presentation of proclamation designating April 2002 National Child Abuse Prevention Month in Richfield 2. Presentation of proclamation honoring Richfield Historical Society, Inc. 3. Consideration of City Council endorsement of "Together We Stand" alcohol ad campaign Staff Report No. 66 COUNCIL DISCUSSION • Council attendance at community meetings Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar- has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion: and. action. All.-items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of easement. agreement with CSM for electric utility easement at Shops at Lyndale to service stormwater lift station at 78th Street and Colfax Avenue (deferred from March 12, 2002) S.R. No. 67 B. Consideration of approval of first reading of ordinance amendment to City Administrative Code Section 1, Subsection 310.03, Subdivision 17 describing intermittent employee and scheduling second reading for April 23, 2002 S.R. No. 68 C. Consideration of approval of resolution authorizing 18-month extension for variance granted to Mount Calvary Lutheran Church, 6544-16th Avenue, for building facade improvements S.R. No. 69 D. Consideration of approval of award of contract to Gremmer and Associates for planning, architectural and engineering consulting services for Outdoor Pool Renovation Project, Phase One, for design fee equal to 8% of actual construction cost (design fee estimate $55,053) S.R. No. 70 Notes: 1\ PUBLIC HEARING 6. Public hearing and second reading of transitory ordinance authorizing planning, design and execution of Phase Two of Outdoor Pool Renovation Project with estimated project cost of $1,549,861 Staff Report No. 71 Notes: PROPOSED ORDINANCES 7. Consideration of first reading of transitory ordinance providing funding for certain capital improvements not previously approved from Special Revenue Fund Staff Report No. 72 Notes: 8. Consideration of first reading of transitory ordinance adjusting ward district boundaries to meet equal population criteria Staff Report No. 73 Notes: OTHER BUSINESS 9. Consideration of creating a Transportation Task Force Staff Report No. 74 Notes: n 10. Consideration of declaration of restrictive covenants upon Right of Way Acquisition Loan Fund parcels acquired from Best Buy Corporation for future widening of I-494 Staff Report No. 75 Notes: 11. Consideration of agreement between City of Richfield and Metropolitan Airports ommission outlining procedures and conditions for use of $10 million in federal funds for residential acquisition to mitigate airport impacts Staff Report No. 76 Notes: 12. City Manager's report Notes: 13. 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 asked to complete a speaker's form and provide it to a staff member. Speakers are also asked 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. Notes: 14.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. 0 AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # , f~Q ~C~'f QQ (~ REPORT # 77 ~_ , STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~0~'2~' GZ~~~ ~- "' SIGNATURE REVIEWED BY CITY MANAGER: ~ ~ , , ~ ~_ ~ ~ ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution for an extension for recording the Best Buy plat. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution for an extension for recording the. Best Buy plat. II. BACKGROUND- Afterthe. City approved the final plat for the Best Buy Campus on January 8, 2002, Best Buy and Opus Northwest, LLC were given 30 days to record the plat with Hennepin County. Due to complications regarding easements over the property for the water main that serves the City of Bloomington, Best Buy and Opus Northwest, LLC required an extension for the time needed to record the plat with the County. At the January 22 City Council meeting, the Council approved an extension until February 27, 2002 for the plat to be filed. At the February 26 City Council meeting, a second extension was granted so that (` ~ the plat could be reviewed by two County departments -the .Registrar and the Assessor. Because of delays from these two County departments, the plat was not ready for recording by the February 27, 2002 deadline and an extension was therefore granted until March 27, 2002. 03268 B PlatExtension. doc Currently, the developer is working to finish the final stipulation which the City Council placed on the original approval of the, plat in January -closing on the transfer of outlots A, B and C and the right of access from Lot 1 to I-494. When the Council approved the final plat in January, the Council stipulated that staff cannot release the executed plat to Opus until after the closing on the transfer of these outlots and access rights. To allow sufficient time to close on the transfer of these outlots and access rights, the deadline for recording the plat needs to be extended until April 24, 2002. III.. BASIS OF RECOMMENDATION A. POLICY • City Code section 500.29, Subdivision 3 outlines requirements for plats to be recorded with the County once approved by the City. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATIONS} • Deny the request for an extension for the time to record'the Best Buy Campus plat with the County. V. ATTACHMENTS- • City Council Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. t --%~ RESOLUTION GRANTING EXTENSION OF TIME TO FILE APPROVIDED PLAT FOR BEST BUY CAMPUS WHEREAS, by Resolution No. 9138, adopted on January 8, 2002, the City Council approved the final plat for a proposed subdivision to be known as BEST BUY CAMPUS; and WHEREAS, Subsection 500.29, subdivision 3 of the Richfield City Code requires that approved final plats be recorded in the county land records within 30 days after approval, unless good cause is shown for an extension; and WHEREAS, the City staff has identified a need to extend the time for Opus Northwest, LLC, the applicant for the subdivision (the "Applicant"), to file the plat; and WHEREAS, additional time is needed for the Applicant to close on the transfer of outlots A, B, and C and the right of access from Lot 1 to I-494 to the City; and WHEREAS, the City Council wishes. to provide the necessary time required to close on the transfer of these outlots and right of access without causing undue hardship to the Applicant. ~? NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The City Council finds. that good. cause exists to extend the time. for Opus Northwest LLC to record the approved plat of BEST BUY CAMPUS.. 2. The deadline for recording the final plat with the Hennepin County Recorder or Hennepin County Registrar of Titles is hereby extended to April 24, 2002. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of March, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Other AGENDA ITEM # 11 REPORT # 7 6 r STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 iness REPORT PREPARED BY: PAM DMYTRENKO ASSISTANT TO CITY MANAGER NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME; TITLE ~__~' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of agreement between the City of Richfield and the Metropolitan Airports Commission (MAC) outlining the procedures and conditions for use of $10 million in federal funds for residential ac uisition to"miti ate air ort im acts. I. RECOMMENDED ACTION: By Motion: Approve- the attached agreement between the. City and the Metropolitan Airports Commission that outlines the procedures and conditions under which $10 million in federal funds will be used to acquire residential properties on the 6600 and 6700 blocks of 18th Avenue and, as funds remain, the apartment buildings on -Cedar Avenue, north of 66th Street, to address airport impacts. II. BACKGROUND In October 2000, Congressman Martin Sabo secured $10 million in federal funds to use towards mitigating airport impacts in Richfield. The money is part of a larger federal grant received by the Metropolitan Airports Commission (MAC). As a "special condition" of the grant, the MAC is required to be spend up to $10 million on projects in Richfield that are eligible under the federal Airport Improvement Program guidelines. In anticipation of receiving these monies, the Richfield City Council approved a residential acquisition strategy back on September 10, 2001. The strategy prioritizes the acquisition of the single family homes on the 6600 and 6700 blocks of 18th Avenue first, and then, with any remaining funds, acquiring as many of the 0326MACagreement apartment buildings located on Cedar Avenue, north of 66th Street, as possible. These particular properties were, identified for acquisition because of traffic impacts that will be caused by the construction of new off ramps and a new through road - ~ related to the 66th Street bridge project, and because they are within the 87 dB low frequency noise contour. The terrorist events of September 11, 2001 significantly delayed the implementation of the residential acquisition project as the MAC and Federal Aviation Administration (FAA) turned its full attention to security and economic issues. Many of the MAC's capital improvement projects were subsequently deferred. Although the $10 million was never in jeopardy, MAC's receipt of the money from the FAA was delayed: However, the MAC now has a significant enough portion of the grant monies to allow Richfield to begin its residential acquisition project. Crucial to the successful implementation of this project, is the approval of the attached agreement between the City of Richfield and the MAC. The agreement outlines the procedures and conditions under which the $10 million can be spent in Richfield. The agreement already has the necessary signature of the MAC's representative, Executive Director, Jeff Hamiel. Once the agreement receives both parties' signatures, the appraisals of the impacted properties can commence. III. BASIS OF RECOMMENDATION. A. POLICY • Approval of the attached agreement is necessary before any steps in the acquisition process can ..begin. • The agreement reflects the residential acquisition strategy for the area ~; approved at the .Council's September 10, 2001. meeting. The strategy. calls for the $10 million in federal funds to be used first to acquire the single family homes on the 6600 and 6700 blocks of 18th Avenue and, with remaining funds,-the apartment buildings on .Cedar Avenue, north of 66th Street. B. CRITICAL ISSUES • The City has worked very closely with the MAC to formulate an agreement that is acceptable to both parties and complies with federal regulations and requirements. The FAA has twice reviewed drafts of the agreement and modifications were made reflecting the FAA's concerns. • The agreement ensures that Richfield will acquire and retain fee title to the land acquired with the $10 million. Proceeds from the subsequent sale of the land must go towards further noise mitigation projects in Richfield. Any reuse of the land in the interim must comply -with the FAA's policy on Use of Airport Revenue. • .The agreement also commits the MAC to acquire, with separate funds, the properfy owned by American Family Insurance on 6700 Cedar Avenue. Because that property is a commercial property, Airport Improvement Program (AIP) funds cannot be used to acquire it. • The agreement reflects the Council's priority of acquiring single family homes in the airport impact zone first, and in a north to south manner as funds allow. None of the affected properties has been insulated under the Part 150 Program. • Because federal restrictions prevent the acquisition of homes which have already been insulated for noise under the Part 150 Sound Insulation Program, the $10 million cannot be used to acquire the single family homes located north of 66th Street. The City will continue to pursue other funding to complete the acquisition of the homes remaining on 18th Ave. north of 66th Street as well as the other homes in the 87 dB low frequency noise contour. - • The affected homeowners have been waiting patiently since September 2001 for resolution to this issue and are looking forward to the commencement of the project. C. FINANCIAL • The City is receiving up to $10 million in federal funds as part of a special condition to a grant provided to the MAC by the FAA. • There is no direct financial impact to the City, since all costs incurred during the acquisition process will be reimbursed through the MAC. • The $10 million in federal funds is currently the only money available - to the City to continue its noise mitigation efforts through residential acquisition. The City has not received any additional money"from the State Legislature and is not expecting any from the current legislative session. D. LEGAL • Staff worked directly with legal counsel for the City and the MAC to formulate the attached agreement. The agreement is the vehicle through which the City_is able to access the federal funds secured by Congressman Sabo. • The .agreement conforms. to the pertinent federal and state rules and regulations. IV. ALTERNATIVE RECOMMENDATION(S~ `\ ~ Propose modifications to the agreement and return if to the MAC for further consideration. However, any modifications would need to be reviewed and approved by the MAC and FAA and would further delay the project. • No action. However, this could-'jeopardize the City's receipt of the $1'0 million. According to the special condition within the grant, the money must be expended within a two year period. Although an extension is possible, it is the City. and MAC's.intent to adhere to the timeline requirement. VI. PRINCIl'AL PARTIES • None anticip~ AT ATTACHMENTS ~ • Agreement between City of Richfield and the MAC. • Relevant sections of the FAA's 2/16/99 Policy and Procedures on Use of Airport Revenue which is referenced in the agreement. AGREEMENT THIS AGREEMENT, made and entered into as to this i y day of MQ~+ , 2002, by and between the CITY OF RICHFIELD, a Minnesota municipal corporation, ("Richfield") and THE METROPOLITAN AIRPORTS COMMISSION, a Minnesota public corporation, ("MAC"). WITNESSETH: WHEREAS, MAC has obtained, certain federal funding, identified as AIP 3-27-0059- 64-01 (`the Grant"); and WHEREAS, the Grant contains a special condition requiring MAC to spend up to $10,000,000 of airport revenue funds on projects in Richfield determined eligible under the Airport Improvement Program ("AIP") by the Federal Aviation Administration and MAC; and WHEREAS, it is MAC's intention, consistent with all applicable laws and regulations, to make available to Richfield $10,000,000 for the purposes of noise mitigation and mitigation of other airport impacts; and WHEREAS, it is the desire of the parties hereto to provide for the procedure and the conditions upon which the funds will be made available to Richfield by MAC; and WHEREAS, it is the intention of the parties that this agreement will accomplish that objective; NOW THEREFORE, in consideration of the mutual promises and mutual obligations of the parties contained herein, each of them does hereby represent, covenant and agree with the other as follows. 1. Property Acquisition. Richfield shall acquire, in its name, fee title to the parcels of land described in the attached Exhibit A., relocate any parties in possession thereof who are entitled to relocation benefits and assistance, and remove or demolish all improvements located on the properties so acquired. Acquisition shall first be made of the properties shown on Exhibit A which are needed in connection with planned roadway improvements. 2. Funding. Subject to the provisions of Section 3 of this Agreement, MAC agrees to provide Richfield the funds necessary to finance the cost of said acquisition, up to, but not to exceed $10,000,000 (the "MAC Funds"). The parties agree that the costs to be funded by MAC will be the actual costs incurred, expended or committed by Richfield for the following: • Purchase price for lands acquired whether by voluntary purchase or by condemnation • Relocation payments made as the result of such acquisitions. JBD-202689v7 RC 145-343 • Title and appraisal costs, • Filing, service and commissioner fees in condemnation actions. • Real estate taxes or installments of special assessments that are required to be paid as a result of condemnation. (Subject to credit for Richfield share) • Recording filing fees and deed tax for all real estate transfers. • Richfield consultants (appraisal, environmental and relocation) fees and charges, reasonable legal fees and staff costs. Staff. costs shall be only for City staff time and expenditures directly related to right-of--way acquisition and relocation activities, and shall not exceed $50,000. • Property maintenance costs following closing and prior to demolition or removal. • Demolition or removal costs, cost of any required environmental remediation. 3. Purchase process and timing of approvals and payments by MAC Richfield intends to use the proceeds from the MAC Funds first to acquire the single family homes in the 6600 and 6700 blocks of 18th Avenue, and then, to the extent of available funding, to acquire the apartment buildings on Cedar Avenue. Richfield will be required to adhere to the following process for approval by MAC of any acquisitions and expenditures: Richfield will be required adhere to the acquisition and relocation procedures contained on United States Department of Transportation Regulation 49 CFR Part 24, and related Minnesota laws. (a) As part of the land acquisition process, Richfield will be required to prepare one appraisal for each parcel to be acquired. Richfield shall select its appraisers, and relocation consultants from consultant lists maintained by the Minnesota Department of Transportation. Upon completion of each appraisal, Richfield will prepare a summary of the appraisal. The appraisal, along with the summary comments, will be forwarded to a Review Appraiser, selected by MAC from the approved list of appraisers, for comments, revisions, and certification. (b) The certified appraisals, review appraisal, along with a summary of anticipated settlement amounts shall be forwarded to MAC Executive Director, or his designee, for review and approval. (c) The Executive Director, or his designee, will have 10 working days to respond to Richfield with approval or disapproval of the anticipated settlement amounts to be included in an offer to the property owner, or .other party entitled to relocation benefits. Upon approval, the Executive Director, or designee, will then authorize Richfield to enter into purchase agreements for amounts up to 110%, of the approved settlement amount, not to exceed an additional $25,000. If the Executive Director, or designee disapproves any proposed settlement amounts, Richfield and MAC will meet and confer to determine an acceptable settlement amount. At its discretion, MAC shall have the right to request an additional appraisal, to be developed by an appraiser selected by MAC from the approved list of appraisers. 2 (d) Should the value of any settlement offer exceed 110%, of the authorized `~- -! amount, not to exceed an additional $25,000, MAC shall have 10 working days following such notice by Richfield to approve or disapprove of such a settlement. Failure to respond shall be deemed as approval. Upon disapproval, MAC's obligation shall be limited to the amount that does not exceed 110% of the authorized amount, not to exceed an additional $25,000. (e) Richfield shall notify MAC as soon as is practicable upon acceptance of any authorized offer by a property owner. Funds for any authorized settlement amount will be made available to Richfield at the time of closing. The closing date shall be coordinated with MAC's accounts payable timeline to assure availability of funds. (f) In cases where Richfield is unable to negotiate voluntary terms of sale with a specific owner of land, it will be necessary for Richfield to proceed with condemnation actions to secure the parcel. At the- earliest time possible, when it is determined by Richfield that a condemnation action is required, MAC and Richfield staff and legal counsel will meet and confer. The purpose of this meeting will be to assess the feasibility and costs of an alternative course of action and/or to prepare a joint legal strategy for condemnation action. (g) In accordance with the requirements of condemnation proceedings, the Executive Director, or his designee, will authorize payments of quick-take deposits and any court awarded settlement amounts. (h) MAC payments to Richfield for all other costs shall be made not later than 30 days following the date that MAC has received evidence from Richfield that such costs have been incurred, committed, or expended, together with customary documentation reasonably supporting such request. 4. Resale and Development Controls. Richfield will utilize its best efforts to resell the parcels acquired by it under Section 1 of this Agreement. It is understood that resales may not occur until the parcels, including remnant parcels, can be combined with other lands and made available for redevelopment. Richfield agrees that any such parcels will be subject to a restriction, to be approved by MAC, contained in the deed of conveyance, providing that they will be developed in conformity v~ith Richfield's Comprehensive Plan, and will adhere to any MAC, FAA, or Mn/DOT limitations relating to height, noise, use compatibility, light or electronic interference. Any reuse of the Property pending resale will be in accordance with FAA's. 2/16/99 Policy and Procedure on Use of Airport Revenue 5. Use of Sale Proceeds or Income. Richfield agrees that it will use the proceeds from any resale only for the purpose of further mitigation of the impacts of airport noise as determined by Richfield. Provided, however, that such proceeds are only eligible to be used for activities that are either AIP eligible, or satisfy federal restrictions on use of airport revenue as set out in the FAA's 2/16/99 Policy and Procedure on Use of Airport Revenue. Income derived by Richfield for any interim use of the land will only be used in a manner consistent with. the allowable use of airport revenue. 6. Return of Funds. Funds in the hands of Richfield, whether in the form of '\ unexpended MAC Funds or revenue from the sale or use of arcels, that are not antici ated to be p p needed for any purpose permitted under this agreement, shall be returned to MAC. 7. Additional Funding, Use. In addition to the acquisitions described in Exhibit A, Richfield shall acquire, in its name, fee title to the parcels of land described in the attached Exhibit B; and following acquisition shall demolish the improvements located thereon. Any_ _ contract for demolition shall be subject to approval by MAC. The acquisition of such parcels and the demolition, shall be directly for the purpose of providing additional road right-of way incidental and necessarily related to the 66th Street Bridge Project. MAC will provide Richfield, from a separate qualifying source, an amount of money not less than the cost of such acquisitions " and demolition, or $800,000, whichever is less. It is anticipated that MAC will be utilizing _ airport revenue funds that may expended on non-AIP eligible projects. In the event that it appears that the cost of acquisition and demolition is likely to exceed $800,000, the parties agree to review the matter, and MAC agrees to increase such amount, but only to the extent that MAC determines, in its absolute. discretion that it should do so. Provided, however that the obligations of Richfield to acquire parcels shown in Exhibit B and demolish the improvements thereon will terminate once $800,000 in costs (or such greater amount as the MAC may determine) has either been expended or accrued, and provided further that if the total costs for the project exceed $800,000 (or such greater amount as MAC may determine) after the demolition contract has been approved by MAC and executed by Richfield, MAC will hold Richfield harmless from any claims by the demolition contractor if the demolition contract is cancelled or terminated or n otherwise not paid by Richfield due to MAC's decision not to make further funds available to ~ Richfield. 8. Additional Funding, Process. The procedure for obtaining the funds described in Section 7, and the qualifying costs are as described in Sections 2 and 3 above. 9. Roadway Construction. The roadway will be constructed by MAC, Mn/DOT or their agents upon right of way acquired by Richfield under Sections 7 and 8 and based upon plans and specifications reviewed by Richfield. All costs of the actual construction of the roadway will be borne by MAC. 10. Post Acquisition Activities, Right of Entry and Indemnity. Richfield will provide MAC with all right-of--entry and construction easements necessary for MAC to enter onto the Property for survey, maintenance, environmental and geotechnical investigations, demolition of improvements, and the construction of the Project. 11. Sale of Remnants. Richfield may not sell or offer for sale, or otherwise encumber or pledge any portions of the parcels acquired pursuant of Section 7, but not needed for right-of- way, without the consent of MAC. MAC agrees that it will not unreasonably withhold consent, and will consent if Richfield pays MAC an amount equal to the fair market value of the remnant to be sold or encumbered. The valuation date shall be the date of such sale or encumbrance. If more than one remnant parcel is being sold or encumbered as part of a single transaction, fair market value will be determined by treating such remnant parcels as a unit. If the parties are unable to agree on the fair market value of the remnant parcel, such value will be determined by 4 an appraiser selected by MAC from the Minnesota Department of Transportation approved list of ~- ~ appraisers. Richfield may, at its option, apply any unexpended funds available pursuant to Section 2 for this purpose. IN WITNESS WHEREOF, the parties have set their hands as of the day and year first above written. CITY OF RICHFIELD By: Samantha Orduno Its: City Manager By: Martin Kirsch Its: Mayor By: Its: n 5 THE METROPOLITAN AIRPORTS COMMISSION STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this -day of 2002, by Samantha Orduno and Martin Kirsch, the City Manager and Mayor respectively of the City of Richfield a municipal corporation, under the laws of Minnesota by and on behalf of said corporation: Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ~ day of 2002, by Jeffrey Hamiel, Director of the Metropolitan Airports Commission, a der the laws of /~ by an~ on behalf of said o~ or ~ . ~` • TAMMY LEANN RADER • NOTARY PUBUGMINNESOTA IAy GortuR E;~YN.len.31, 2005 ^ ~ 6 (~ ~ _, (~ n Exhibit A Properties to be Acquired by~ Richfield Address PID 6614 18th Avenue South 26-028-24-41-0066 6620 18th Avenue South 26-028-24-41-0067 6626 18th Avenue South 26-028-24-41-0068 _ 6632 18th Avenue South 26-028-24-41-0069 6638 18th Avenue South 26-028-24-41-0070 6644 18th Avenue South 26-028-24-41-0071 6700 18th Avenue South 26-028-24-41-0080 6701 18th Avenue South 26-028-24-41-0107 6708 18th Avenue South 26-028-24-41-0081 6709 18th Avenue South 26-028-24-41-0106 6714 18th Avenue South 26-028-24-41-0082 6715 18th Avenue South 26-028-24-41-0105 6720 18th Avenue South 26-028-24-41-0083 6721 18th Avenue South 26-028-24-41-0104 6726 18th Avenue South 26-028-24-41-0084 6727 18th Avenue South 26-028-24-41-0103 6732 18th Avenue South 26-028-24-41-0085 6733 18th Avenue South 26-028-24-41-0102 6738 18th Avenue South 26-028-24-41-0086 6739 18th Avenue South 26-028-24-41-0101 6744 18th Avenue South 26-028-24-41-0087 6745 18th Avenue South 26-028-24-41-0100 6328 Cedar Avenue South 26-028-24-11-0059 6344 Cedar Avenue South 26-028-24-11-0058 6400 Cedar Avenue South 26-028-24-14-0067 6412 Cedar Avenue South 26-028-24-14-0066 6444 Cedar Avenue South 26-028-24-14-0065 6520 Cedar Avenue South 26-028-24-14-0056 6528 Cedar Avenue South 26-028-24-14-0055 A-1 '~ / L` n Exhibit B Properties to be Acquired by Richfield with other MAC funds. Address ~ PID 6700 Cedar Avenue South- 26-028-24-41-0096 B-1 Search - 1 Result - "Airport Revenue" Page 20 of 29 Policy Statement For the reasons discussed above, the Federal Aviation Administration adopts the following statement of policy concerning the use of airport revenue: Policies and Procedures Concerning the Use of Airport Revenue Table of Contents Section I-Introduction Section II-Definitions A. Federal Financial Assistance B. Airport Revenue C. Unlawful Revenue Diversion D. Airport Sponsor Section III-Applicability of the Policy A. Policy and Procedures on the Use of Airport Revenue and State or Local Taxes on n Aviation Fuel `` J B. Policies and Procedures on the Requirement for aSelf-Sustaining Airport Rate Structure C. Application of the Policy to Airport Privatization Section IV-Statutory Requirements for the Use of Airport Revenue A. General Requirements, 49 USC ~~ 47107(b) and 47133 B. Exception for Certain Preexisting Arrangements (Grandfather Provisions) C. Application of 49 USC 3 47133 D. Specific Statutory Requirements for the Use of Airport Revenue E. Passenger Facility Charges and Revenue Diversion Section V-Permitted Uses of Airport Revenue A. Permitted Uses of Airport Revenue B. Allocation of Indirect Costs C. Standard of Documentation for the Reimbursement to Government Entities of Costs of Services and Contributions Provided to Airports D. Expenditures of Airport Revenue by Grandfathered Airports Section VI-Prohibited Uses of Airport Revenue http://www.lexis.com/research/retrieve?_m=bdc780f1a5433e6020731 dObObda624... 03/05/2002 Search - 1 Result - "Airport Revenue" Page 21 of 29 A. Lawful and Unlawful Revenue Diversion B. Prohibited Uses of Airport Revenue Section VII-Policies Regarding Requirement for aSelf-Sustaining Airport Rate Structure A. Statutory Requirements B. General Policies Governing the Self-Sustaining Rate Structure Assurance C.... ... [*7715] Projects H. Private Transit Systems Section VIII-Reporting and Audit Requirements A. Annual Financial Reports B. Single Audit Review and Opinion Section IX-Monitoring and Compliance A. Detection of Airport Revenue Diversion B. Investigation of Revenue Diversion Initiated Without Formal Complaint C. Investigation of Revenue Diversion Precipitated by Formal Complaint D. The Administrative Enforcement Process E. Sanctions for Noncompliance ... [*7715] 49 USC 47107(1), and Federal Aviation Administration Reauthorization Act of 1996, Public Law 104-244, 110 Stat. 3213 (October 9, 1996), to establish policies and procedures on the generation and use of airport revenue. The sponsor assurance prohibiting the unlawful diversion of airport revenues,. also known as the revenue-use requirement, was first mandated by Congress in 1982. Simply stated, the purpose of that assurance, now codified at 49 USC. ~§ 47107(b) and 47133, is to provide that an airport owner or operator receiving Federal financial assistance will use airport revenues only for purposes related to the airport. The Policy Statement implements requirements adopted by Congress in the FAA Reauthorization Acts of 1994 and 1996, and takes into consideration comments received on the interim policy statements issued on February 26, 1996, and December 18, 1996. Section II--Definitions A. Federal Financial Assistance Title 49 USC 47133. which took effect on October 1, 1996, applies the airport revenue-use requirements of § 47107(b) to a.n.y airport that has received "Federal http://w~wv.lexis.com,/research/retrieve?_m=bdc780f7a5433e6020731 dObObda624... 03/05/2002 Search - 1 Result - "Airport Revenue" Page 22 of 29 assistance." The FAA considers the term "Federal assistance" in § 47133 to apply to n the following Federal actions: ~_ ; 1. Airport development grants ... ... [*7715J under Section 16 of the Federal Airport Act of 1946, under Section 23 of the Airport and Airway Improvement Act of 1970, or under Section 516 of the Airport and Airway Improvement Act of 1982 (AAIA). [*7716] . 8. Airport Revenue 1. All fees, charges, rents, or other payments received by or accruing to the sponsor for any one of the following reasons are considered to be airport revenue: a. Revenue from air carriers, tenants, lessees, purchasers of airport properties, airport permittees making use of airport property and services, and other parties. Airport revenue includes all revenue received by the sponsor for the activities of others or the transfer of rights to others relating to the airport, including revenue received: i. For the right to conduct an activity on the airport or to use or occupy airport ... ... [*7716] property or any interest therein owned or controlled by the sponsor and used for an airport-related purpose but not located on the airport (e.g., a downtown duty-free shop). b. Revenue from sponsor activities on the airport. Airport revenue generally includes all revenue received by the sponsor for activities conducted by the sponsor itself as airport owner and operator, including revenue received: i. From any activity conducted by the sponsor on airport property ... [*7716] value of the airport property. The fair rental value will be based on the fair market value. 2. State or local taxes on aviation fuel (except taxes in effect on December 30, 1987) are considered to be airport revenue subject to the revenue-use requirement. However, revenues from state taxes on aviation fuel may be used to support state aviation programs or for noise mitigation purposes, on or off the airport. 3. While not considered to be airport revenue, the proceeds from the sale of land donated by the United States or acquired with Federal grants must be used in accordance with the agreement between the FAA and the sponsor. Where such an agreement gives the FAA discretion, FAA may consider this policy as a relevant factor in specifying the permissible use or uses of the proceeds. C. Un/awful Revenue Diversion Unlawful revenue diversion is the use of airport revenue for purposes other than the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of passengers or ... .. [*7716] not "grandfathered" under 49 U.S.C. ~ 47107(b)(2). When a use would be diversion of revenue but is grandfathered, the use is considered lawful revenue diversion. See Section VI, Prohibited Uses of Airport Revenue. http://www.lexis.com/research/retrieve?_m=bdc780f7a5433e6020731 dObObda624... 03/05/2002 Search - 1 Result - "Airport Revenue" Page 23 of 29 ~ D. Airport Sponsor '~ ,) The airport sponsor is the owner or operator of the airport that accepts Federal assistance and executes grant agreements or other documents required for the receipt of Federal assistance. Section III--Applicability of the Policy A. Policy and Procedures on the Use of Airport Revenue and State or Loca! Taxes on Aviation Fuel 1. With respect to the use of airport revenue, the policies and procedures in the Policy Statement are applicable to all public agencies that have received a grant for _ airport development since September 3, 1982, under the Airport and Airway Improvement Act of 1982 (ARIA), as amended, recodified without substantive change by Public Law 103-272 (July 5, 1994) at 49 § U.S.C. 47101, et seq., and which had grant obligations regarding the use of airport revenue in effect on October 1, 1996 (the effective date, of the FAA Authorization Act of 1996). Grants issued under that statutory. authority ,a re commonly referred to as Airport Improvement Program (AIP) grants. The Policy Statement ... ... [*7716] October 1, 1996. 3. Pursuant to 49 U.S.C. 47133 this Policy Statement applies to any airport for which Federal assistance has been received after October 1, 1996, whether or not the airport owner is subject to the airport revenue-use grant assurance; and applies to any airport for which the airport revenue-use grant obligation is in effect on or after October 1, 1996. Section 47133 does not apply to an airport that has received Federal assistance prior to October 1,1996, and does not have AIP airport development grant assurances in effect on that date. 4. Requirements regarding the use of airport revenue applicable to a particular airport or airport operator on or after October 1, 1996, as a result of the provisions of 49 U.S.C. ~ 471334 do not expire. 5. The FAA will not reconsider agency ... ... [*7716] provides for the sale or lease of general aviation airports and the lease of air carrier airports. Under the, program, the FAA is authorized to exempt up to five airports from Federal statutory and regulatory requirements governing the use of airport revenue. The FAA can exempt an airport sponsor from its obligations to repay Federal grants, in the event of a sale, to return property acquired with Federal assistance and to use the proceeds of the sale or lease exclusively for airport ... ... [*7717] other transfer of ownership or control, of a publicly owned airport is required in accordance with the AIP sponsor assurances and general government contract law principles. The proceeds of a sale of airport property are considered airport revenue (except in the case of property acquired with Federal assistance, the sale of which is subject to other restrictions under the relevant grant contract or deed). When the sale proposed is the sale of an entire airport as an operating entity, the request may ... ... [*7717] without unnecessarily interfering with the appropriate privatization of airport infrastructure. 4. It is not the intention of the FAA to effectively bar airport privatization initiatives http://wvvw.lexis.com/research/retrieve? m=bdc780f7a5433e6020731dObObda624... 03/05/2002 Search - 1 Result - "Airport Revenue" Page 24 of 29 outside of the pilot program through application of the statutory requirements for use of airport revenue. Proponents of a proposed privatization or other sale or lease of airport property clearly will need to consider the effects of Federal statutory requirements on the use of airport revenue, reasonable fees for airport users, disposition of airport property, and other policies incorporated in Federal grant agreements. The FAA assumes that the proposals will be structured from the outset to comply with all such requirements, and this proposed ,policy is not intended to add to the considerations already involved in a transfer of airport property. Section IV--Statutory Requirements for the Use of Airport Revenue A. General Requirements, 49 U.S.C. ~§ 47107(b) and 47133 1. The current provisions restricting the use of airport revenue are found at 49 U.S.C. §-~ 47107(b), and 47133. Section 47107(b) requires the Secretary, prior to approving a project grant application for airport development, to obtain written assurances regarding the use of airport revenue and state and local taxes on aviation fuel. Section 47107(b)(1) requires the airport owner or operator to provide assurances that local taxes on aviation fuel (except taxes in effect on December 30, ... [*7717] requirement applies indefinitely. 4. This section of the policy refers to the date of October 1, 1996, because the FAA Authorization Act of 1996 is by its terms effective on. that date. D. Specific Statutory Requirements for the Use of Airport Revenue 1. In section 112 of the FAA Authorization Act of 1994, 49 U.S.C. ~ 47107(1)(2) (A-D), Congress expressly prohibited the diversion of airport revenues through: a. Direct payments or indirect payments, other than payments reflecting the value of services and facilities provided to the airport; b. Use of airport revenues for general economic development, marketing, and promotional activities unrelated to airports or airport systems; c. Payments in lieu of taxes or other assessments that exceed the value of services provided; or d. Payments to compensate ... ... [*7717] date on which the expense is incurred; and (B) Any amount of airport funds that are used to make a payment or [*7718] reimbursement as described in subparagraph (a) after the date specified in that subparagraph shall be considered to be an illegal diversion of airport revenues that is subject to subsection (n). 3. 49 U.S.C. 4~ 0116(d)(2)(A) provides, among other things, that a State, political subdivision of a State or authority acting fora ... O ... [*7718] Facility Charges and Revenue Diversion The Aviation Safety and Capacity Expansion Act of 1990 authorized the imposition of a passenger facility charge (PFC) with the approval of the Secretary. htta://www.lexis.com/research/retrieve? m=bdc780f7a5433e6020731dObObda624... 03/0/2002 Search - 1 Result - "Airport Revenue" Page 25 of 29 O 1. While PFC revenue is not characterized as "airport revenue" for purposes of this Policy Statement, specific statutory and regulatory guidelines govern the use of PFC revenue, as set forth at 49 U.S.C. 40117, "Passenger Facility Fees," and 14 CFR Part 158, "Passenger Facility Charges." (For purposes of this policy, the terms "passenger facility fees" and "passenger facility charges" are synonymous.) These provisions are . more restrictive than the requirements for the use of airport revenue in 49 U.S.C. 47107(b), in that the PFC requirements provide that PFC collections may only be used to finance the allowable costs of approved projects. The PFC regulation specifies the kinds of projects that can be ... ... [*7718] FAA determination that a public agency has violated the revenue-use provision prevents the FAA from approving new authority to impose a PFC until corrective action is taken. Section V--Permitted Uses of Airport Revenue A. Permitted Uses of Airport Revenue Airport revenue may be used for: 1. The capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of ... ... [*7718] 49 U.S.C. 47107(0), but may be assessed only from the date of the FAA's determination. 5. Lobbying fees and attorney fees to the extent these fees are .for services in support of any activity or project for which airport revenues may be used under this Policy Statement. See Section VI: Prohibited Uses of Airport Revenue. 6. Costs incurred by government officials, such as city council members, to the extent that such costs are for services to the airport actually received and documented. An example of such costs would be the costs of travel for city council members to ... ... [*7718] a permitted expenditure in this category was participation in a local school fair with a booth focusing on operation of the airport-and career opportunities in aviation. The expenditure in this example was $ 250. 9. Airport revenue may be used for the capital or operating-costs of those [*7719] portions of an airport ground access project that can be considered an airport capital project, or of that part of a local facility that is owned or operated ~by the airport owner or operator and directly and substantially related to the air . transportation of passengers or property, including use by airport visitors and employees. The FAA has approved the use of airport revenue for the actual costs incurred for structures and equipment associated with an airport terminal building station and a rail connector between the airport station and the nearest mass transit rail line, where the structures and equipment were (... ... [*7719] under a cost allocation plan that meets the following requirements: a. The cost is allocated under a cost allocation plan that is consistent with Attachment A to OMB Circular A-87, except that the phrase "airport revenue" should be substituted for the phrase "grant award;" wherever the latter phrase occurs in Attachment A; http://www.lexis.com/research/retrieve?_m=bdc780f7a5433e6020731 dObObda624... 03/05/2002 r, Search - 1 Result - "Airport Revenue" Page 26 of 29 b. The allocation method does not result in a disproportionate allocation of general government costs to the airport ... ... [*7719] cost allocation plans, however, may use budget estimates to establish pre-determined indirect cost allocation rates. Such estimated rates should, however, be adjusted to actual expenses in the subsequent accounting period. D. Expenditures of Airport Revenue by Grandfathered Airports 1. Airport revenue may be used for purposes other than capital and operating costs of the airport, the local airport system, or other local facilities owned or operated by the sponsor and directly and substantially related to the air transportation of passengers or ... ... [*7719] port authority or state department of transportation which owns or operates other transportation facilities in addition to airports, and which have pre- September 3, 1982, debt obligations or legislation governing financing and providing for use of airport revenue for non-airport purposes. Such sponsors may have obtained legal opinions from their counsel to support a claim of grandfathering. Previous DOT interpretations have found the following examples of .pre-ARIA legislation to provide for the grandfather exception: b. Bond obligations and city ordinances requiring a five percent "gross receipts" fee from airport revenues. The payments were instituted in 1954 and continued in 1968. n c. A 1955 state statute for the assessing of a five percent surcharge on all receipts and deposits in an airport revenue fund to defray central service expenses of the state. d. City legislation authorizing the transfer of a percentage of airport revenues, permitting an airport-air carrier settlement agreement providing for annual payments to the city of 15 percent of the airport concession revenues. e. A 1957 state statutory transportation program governing the financing and operations of a multi-modal transportation authority, including airport, highway, port, rail and transit facilities, wherein state revenues, including airport revenues, support the state's transportation-related, and other, facilities. The funds flow from the airports to a state transportation trust fund, composed of all "taxes, fees, charges, and revenues" collected or received by the state department of transportation. f. A port authority's 1956 enabling act provisions specifically permitting it to use port revenue, which includes airport revenue, to satisfy debt obligations and to use revenues from each project for the expenses of the authority. The act also exempts the authority from property taxes but requires annual payments in lieu of taxes to several focal governments and ... [*7719] Under the authority of 49 U.S.C. ~ 47115(f), the FAA considers as a factor militating against the approval of an application for AIP discretionary funds, the fact that a sponsor has exercised its rights to use airport revenue for nonairport purposes under the grandfather clause, when in the airport's fiscal year preceding the date of application for discretionary funds, the FAA finds that the amount of airport revenues used for nonairport purposes exceeds the amount used for such purposes in the airport's first fiscal year ending after August 23, 1994, adjusted by the Secretary for changes in the Consumer Price Index of All Urban [*7720] Consumers http://www.lexis.com/research/retrieve?_m=bdc780f7a5433e6020731 dObObda624... 03/0/2002 Search - 1 Result - "Airport Revenue" Page 27 of 29 published by the Bureau of Labor Statistics of the Department of Labor. Section VI--Prohibited Uses of Airport Revenue A. Lawful and Unlawful Revenue Diversion Revenue diversion is the' use of airport revenue for purposes-other than the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of passengers or ... ... [*7720] not exceed the limits of the grandfather` clause. When such use is so grandfathered, it is known as lawful revenue diversion. Unless the revenue diversion is grandfathered, the diversion is unlawful and prohibited by the revenue-use restrictions. B. Prohibited Uses of Airport Revenue Prohibited uses of airport revenue include but are not limited to: 1. Direct or indirect payments that exceed the fair and reasonable value of those services and facilities provided to the airport. The FAA generally considers the cost of providing the services or facilities to the airport as,a ... ... [*7720] Direct or indirect payments that are based on a cost allocation formula that is not consistent with this policy statement or that is not calculated consistently for the airport and other comparable units or cost centers of government. `~_ 1 3. Use of airport revenues for general economic development. 4. Marketing and promotional activities unrelated to airports or airport systems. Examples of prohibited expenses in this category include participation in program to provide hospitality training to taxi ... ... [*7720] for nominal rental rates, except to the extent permitted by Section VILE of this policy. 10. Impact fees assessed by any governmental body that exceed the value of services or facilities provided to the airport. However, airport revenue may be used where airport development requires a sponsoring agency to take an action, such as undertaking environmental mitigation measures contained in an FAA record of decision approving funding for an airport development project, or constructing a ground access facility that would otherwise be eligible for the use of airport revenue. Payments of impact fees must meet the general requirement that airport revenue be expended only for actual documented costs of items eligible for use of airport revenue under this Policy Statement. In determining appropriate corrective action for an impact fee payment that is not consistent with this policy, the FAA will consider whether the impact fee was imposed by anon-sponsoring ... ... [*7720] funds for support of community activities and participation in community events, or for support of community-purpose uses of airport property except to the extent permitted by this policy. See Section V, Uses of Airport Revenue. Examples ~~~''~~ of prohibited expenditures in this category include expenditure of $ 50,000 to sponsor `" a local film society's annual film festival• and contribution of 6 000 to a m $ co munity cultural heritage festival. http://www.lexis.com/research/retrieve? m=bdc780f7a5433e6020731dObObda624... 03/05/2002 Search - 1 Result - "airport Revenue" Page 28 of 29 12. Direct ... (~ ... [*7721] establishing new fees, and generating revenues from all sources, airporE owners and operators should not seek to create revenue surpluses that exceed -the amounts to be used for airport system purposes and for other purposes for which _, ~ _ airport revenues may be spent under 49 U.S.C. § 47107(b)(1), including reasonable _ reserves and other funds to facilitate financing and to cover contingencies.- While fees charged to nonaeronautical users are not subject to the ... `~ ... [*7721] met. _ 3. The community use does not preclude reuse of the property for airport purposes_if, in the opinion of the airport sponsor, such reuse will provide greater benefits to the airport than continuation of the community use. 4. Airport revenue 'is not to be used to support the capital or operating costs associated with the community use. E. Use of Property by Not-for-Prcf,'t Aa~ia ;'on '?rganizations 1. An airport operator may charge reduced rental ... ... [*7721] summary report to Congress. The Federal Aviation Reauthorization Act of 1996 established a new requirement for airports to include, as part of their audits under the Single Audit Act, a review and opinion on the use of airport revenue. A. Annua! Financial Reports Section 111(a)(4) of the 1994 Authorization Act, 49 U.S.C. § 47107(a)(19), requires airport owners or operators to submit to the Secretary [*7722] and to make available to the ... .. [*7722] not satisfy the criteria of paragraph B.1 and 2; above; and Public Agencies that did not execute an AIP grant agreement on or after June 2, 1997. Section IX--Monitoring and Compliance A. Detection of Airport Revenue Diversion To detect whether airport revenue has been diverted from an airport, the FAA will depend primarily upon four sources of information: 1. Annual report on revenue use submitted by the sponsor under the provisions of 49 U.S.C. § 47107(a)( ... ... [*7722] 4. DOT Office of Inspector General audits.. 8. Investigation of Revenue Diversion Initiated Without Formal Complaint 1. When no formal complaint has been filed, but the FAA has an indication from one or more sources that airport revenue has been or is being diverted unlawfully, the FAA will notify the sponsor of the possible. diversion and request that it respond to the FAA's concerns. If, after information and arguments submitted by the sponsor, the FAA determines that there is no unlawful diversion of revenue, the FAA will notify the sponsor and take no further action. If the FAA makes a preliminary finding that there has been unlawful diversion of airport revenue, and the sponsor has not taken http://www.lexis.com/research/retrieve? m=bdc780f7a5433e6020731dObObda624... 03/05/2002 Search - 1 Result - "Airport Revenue" Page 29 of 29 corrective action (or agreed to take corrective action), the FAA may issue a notice of investigation under 14 CFR § 16.103. If, after further investigation, the FAA finds that there is reason~to believe that there ,.. is or has been unlawful diversion of airport revenue that-the sponsor;refuses to.._. n. _. ~ , terminate or correct, the FAA. will ~sstae an appropriate order under 14 CFR § 16:109 proposing enforcement action. However, such action will cease if the airport sponsor. y ~;._ _. _ agrees to return the diverted ... - ... [*7723] FAA and under 14 CFR 16:109. That section provides for the opportunity - ~ ---- for shearing on the order. E. Sanctions for Noncompliance 1. As explained above, if the FAA makes a preliminary finding that airport revenue has been unlawfully diverted and the sponsor declines to take the corrective action, the FAA will propose enforcement action. A decision whether to issue a final order making the action effective is made after a hearing, if ... ... [*7723] 2) Under section 804 of Public Law 104-264, codified at 49 USC § 46301 ((a)(5), the Secretary has statutory authority to obtain civil penalties of up to three times the amount of airport revenues that are used in violation of 49 USC ~§ 47107 (b) and 47133. An action for civil penalties in excess of $ 50,000 must be brought in a United States District Court. (3) The ... Source: All Sources > Federal Legal - U.S. > Federal Register Terms: "airport revenue" and date(geq (2/16/99) and leq (2/16/99)) (Edit Search) View: KWIC ± 25 Date/Time: Tuesday, March 5, 2002 - 1:07 PM EST About LexisNexis I Terms and Conditions Co rpy fight © 2002 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. l j http://www.lexis.com/research/retrieve7 m=bdc780f7a5433e6020731dObObda624... 03/05/2.002 t. _./ AGENDA SECTION: Other Business AGENDA ITEM # 10 REPORT # ] 5 J STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM OLSON, PROJECT ENGINEER NAME, TITLE MICHAEL EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the execution of a declaration of restrictive covenants upon the RALF parcels acquired from Best Buy Corp. for the future widening of I-494: I. RECOMMENDED ACTION: By Motion: Approve and execute the attached Agreement and Restrictive Covenant III. BACKGROUND The Richfield City Council approved a Right of Way Acquisition Loan Fund (RALF) agreement with the Metropolitan Council on February 26, 2001. The RALF loan will be used to purchase properties for the future widening of I-494. The RALF properties will be acquired from Best Buy Corp. and are located just south of the Best Buy Campus between Penn and Knox Avenue. The value of the zero interest RALF loan is $7.0 million and will be turned around from Best Buy Corp. and used in the financing of the Penn Avenue Bridge Project. ~-~ During the interim period from now through that time which I-494 will be expanded, ~,_ ~ the RALF properties will be used as a parking area for the Best Buy Campus. This use of the RALF properties will be granted through a License Agreement between the City of Richfield and Best Buy Corp. The City Council gave authorization to the 0326RestrictCov Mayor and the City Manager to execute the License Agreement on February 12, ^ 2002. The Metropolitan Council and MnDOT has reviewed and approved the (~ ) License Agreement allowing the interim use of the RALF properties. Within the RALF loan agreement there is provisions for the City of Richfield to execute a declaration of restrictive covenants with reference to the parcels of land acquired with the loan. The restrictive covenants will prohibit the City from conveying any interests or placing any encumbrance against the RALF properties without consent from the Metropolitan Council. It will ensure that the land will be devoted exclusively to state highway purposes for which they were acquired. III. BASIS OF RECOMMENDATION A. POLICY • The purchase of land needed for reconstructing I-494 is consistent with the City's Comprehensive Plan to improve surrounding freeways to protect local streets from carrying regional traffic. • The City has entered in to the RALF loan agreement with the Metropolitan Council and within that agreement the City has an obligation to execute a declaration of restrictive covenants with reference to the parcels acquired with the loan. B. CRITICAL ISSUES 1 ~; • Delaying approval of the attached agreement and restrictive covenants will delay receipt of the RALF loan and the subsequent turnaround of the $ 7.0 million from Best Buy Corp. to be used in the financing of the Penn Avenue Bridge. C. FINANCIAL • .The RALF loan provides $7.0 million in financing towards the Penn Avenue Bridge. D. LEGAL • The declaration of restrictive covenants is a provision of the RALF loan agreement. • The City Attorneys drafted the restrictive covenants as required by the RALF agreement. IV. ALTERNATIVE RECOMMENDATION~S~ • None recommended. V. ATTACHMENTS ,~-~ • Agreement and Restrictive Covenant. ~ 1 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ;~ Kennedy & Graven Box 198 AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT is made and entered into this day of , 2002, between the City of Richfield, a Minnesota municipal corporation, ("the City"), and the Metropolitan Council, a political subdivision of the State of Minnesota, ("the Council"). WHEREAS, the City has acquired fee simple title to the real property described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the Council has contributed funds toward the acquisition of the City's interest in the real property pursuant to the Council's Loan Program and a Loan Agreement between the Council and the City as authorized by Minnesota Statutes section 473.167; and WHEREAS, the Loan Program was established to provide for the acquisition of property within the right-of way of a state trunk highway shown on an official map when necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction. NOW, THEREFORE, in consideration of the loan made by the Council to the City and in consideration of the mutual agreements and covenants, the Council and City agree as follows: 1. No sale, lease, mortgage, or other conveyance, nor the creation of any easement, restriction or other encumbrance against the real property described in Exhibit A shall be valid for any purpose unless the written approval of the Council, or its successors, is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains. 2. The real property described in Exhibit A shall not be used for any purpose except the construction of the expansion of Interstate Highway 494 unless the Council, or its successors, shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent and duration of the use for which such consent ('~ is given. ~~ This Agreement and Restrictive Covenant may be enforced by the Council, its successors, or by _ any citizen residing within the metropolitan area as defined by appropriate action in the courts of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their respective names all as of the above date. METROPOLITAN COUNCIL BY. Regional Administrator CITY OF RICHFIELD By Mayor By City Manager c.~-Zii~ii~i RC145-408 `~--' STATE OF MINNESOTA ss.. COUNTY OF The foregoing instrument was acknowledged before me this day of 2002 by Lee E. Sheehy, the regional administrator of Metropolitan Council, a political subdivision of the State of Minnesota, on behalf of the council. Notary Public STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2002 by Marvin J. Kirsch and Samantha Orduno, the mayor and city manager, respectively, of the City of Richfield, a municipal corporation under the laws of Minnesota, on behalf of said corporation. Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 (612)337-9300 cax-aiini~i RC145-408 EXHIBIT A Outlots A, B and C, BEST BUY CAMPUS, Hennepin County, Minnesota cax-ziini~i RC145-408 n AGENDA SECTION AGENDA ITEM # REPORT # ~- STAFF REPORT CITY COUNCIL MEETING Other Business 9 74 MARCH 26, 2002 REPORT PREPARED BY: THOMAS FOLEY TRANSPORTATION ENGINEER NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME. TITLE ~, DEPARTMENT DIRECTOR REVIEW: ~~~r~ SIGNATURE ~, / REVIEWED. BY CITY MANAGER: , ~ ~`'~ _ ._ ~, .~ ~ y~Y~ _ ~ ~ _ n ITElVI FOR COUNCIL CONSIDERATION: Consider the composition, scope and creation of a Transportation Task Force. I. RECOMMENDED ACTION: By Motion: Approve the creation,.composition and scope of a Transportation Task Force. II II. BACKGROUND Council has requested that the Minnesota Department of Transportation conduct a study to reduce the right of way needed to build an entrance ramp to northbound I- 35W. The Minnesota Department of Transportation presented a report to Council on February 26, 2002 on the different options under consideration. There were nine different designs and nine variations that deleted an HOV bypass lane. Some of these alternatives had significant impacts on businesses south of 76th Street and traffic operations on I-494. Based on the impacts of these 18 alternatives, City staff suggested forming a Task Force to evaluate the alternatives and submit a recommendation to Council within a year. 0326TaskForceREV Residents of the neighborhood north of 76th Street and east of I-35W have serious concerns with the proposed Minnesota Department of Transportation (MnDOT) layout for the 76th Street entrance ramp to northbound I-35W. Those concerns include: ^ The number of homes needed to be acquired for right of way. ^ The disruption the ramp will cause to the cohesiveness of the neighborhood. ^ The need to explore other design alternatives that reduce/eliminate the number of homes to be acquired including- removing the ramp. ^ The fiscal impact the loss of homes will have on the City. Composition of Task Force Two task force models have been used by the Council to bring key players together to develop recommendations to the Council for action. • In the past the City Council has used successfully a task force to examine transportation issues on I-494, I-35W and other local projects. The task force was known as the I-35W/I-494 Ad-Hoc Traffic Committee and consisted of three members of the Planning Commission, three members of the Community Services Commission, and three members of the City at-large representing. businesses and other general interests. • Recently, Council has employed an advisory committee on neighborhood traffic calming. in the area between Penn Avenue and I-35W and between 76th Street and 66th Streef. Residents from that neighborhood were asked to volunteer to serve on the advisory committee to investigate traffic calming issues that were confined to that, neighborhood. Scope of Task. Force Duties The duties of a taskforce can either be limited to reviewing only the :76th Streef ramp to I-35W or it can have a wide scope of responsibility to evaluate all major transportation- projects in the.-City: Council may also. choose to create separate task forces for individual transportation projects as they surface. At this time it may be appropriate: to look at two task forces, one for the 76th Street ramp and one for the Lyndale Avenue. Bridge. The task force's role will be to advise the Council on the merits of design alternatives. Council will still be responsible formaking final decisions on proposed layouts that are submitted to the MnDOT. III. BASIS OF RECOMMENDATION A. POLICY • A task force can further the City's goal of expanding the existing transportation system so as to improve. accessibility. and the quality of life for all Richfield residents. B. CRITICAL ISSUES • The proposed MnDOT design of the 76th Street ramp to I-35W ~ requires the acquisition of 23, homes on Humboldt and Girard Avenues. The study will seek to examine alternative designs that will reduce/eliminate the number of homes needed for the I-35W right of way • The proposed MnDOT design of the Lyndale Avenue Bridge over I- -"~ 494 causes serious right of way impacts on the Shops at Lyndale shopping center. It also eliminates access from Lyndale Avenue to go north on I-35W. C. FINANCIAL • The City will hire Tony Heppelmann of WSB, an engineering consultant, on a time and materials basis to assist a task force in _ . evaluating design alternatives..The cost of..this .will not exceed $10,000.. Funding will come from the Public Works planning budget and Best Buy development fees. D. LEGAL • There are no legal- issues involved in the proposed study of design alternatives. . ~V. ALTERNATIVE RECOMMENDATION(S~ • Alternative 1.:The scope. of Task. Force duties can be limited to study just the 76th Streef entrance ramp to:1-35W. With a limited role the Task Force would terminate at the end of this study. ~ • AI#ernative 2. Two task forces can be' formed with each confined to study ~,~' one issue, the first fo study the 76th Street entrance ramp to I-35W and the second to study the Lyndale Avenue Bridge over I-494. With a limited role the task forces would terminate at the end of this study. • Alternative 3. The.: Task Force's duties can be expanded to evaluate proposed layouts for other transportation projects in the City such as the new designof the 1-35W%62 Crosstown Commons Project, the 66th Street and Highway 77 Interchange, and any. other transportation projects that are being planned. With an expanded role, the Task Force could remain active as long as major transportation projects are being planned. • Alternative 4. Council can choose not to form a Task Force and evaluate the alternatives on its own. With 18 alternatives alreadyproposed, this could be a time consuming task. V. ATTACI-IMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Residents of the Humboldt Avenue area affected by the proposed 76th Street ramp. n n AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT Proposed Ordinances 8 73 CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: L; DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: NANCY GIBBS, CITY CLERK NANCY GIBBS, CITY CLERK 1VAME, TITLE '~ ~J YOU/ ~ ~!~ SIGNATURE I . - C ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance to adjust the new ward district boundaries to-meet the a ual o ulation criteria.. RECOMMENDED ACTION: By Motion: Approve first reading of the attached transitory ordinance establishing: ward boundaries following the 2000 census data and conforming: to redistricting requirements pursuant to Minnesota- Statutes and City Charter and schedule a public hearing and second reading for April- 23, 2002. III. BACKGROUND I At the March 18, 2002 Worksession, Council and staff met to discuss the redistricting process, designation of polling places, ward boundary shifts and legislative changes that could affect future local elections. The City Council must establish ward boundaries and precinct boundaries by April 30, 2002. (MN Statute 2046.135 and 2046.14) `-~' With respect to ward boundaries, the City's is to equalize the population contained within the City's three wards. This does not mean that the wards must. be exactly 0326redistricting the same population. A minor boundary adjustment could balance the wards well with the 5% deviation. When the Council met on March 18, the state redistricting. panel had not yet released the new legislative districts for the state. Since the March 18 Worksession, the new legislative boundaries have been released by the State of Minnesota. According to the new legislative districts, Richfield will now be entirely contained with Senate District 63. The district will be split into House Districts 63A and 63B by an irregularly configured boundary line that runs north/south along a portion of Portland Avenue. Only one of the two ward boundary options presented by City staff on March 18 (Plan 1) would work with the new legislative district lines. The ordinance included in the Council packet conforms to Plan 1. Under Plan 1, the three precincts within Ward II would be unbalanced according to population data created by the 2000 census. However the precincts would conform to law and staff is confident that. the polling places established for those precincts could adequately handle the. number of registered voters who would need to be accommodated. The Council must also establish precinct boundaries by April 30, 2002. The- precinct boundaries cannot cross legislative district lines or ward lines. Two options for precinct boundaries are presented; both of which are. consistent with the legislative districts and the Plan 1 ward boundaries. The Council should not: take action on the resolution until the second reading of the ordinance establishing ward boundaries. The resolutions are included here for information purposes only. The attached ordinance establishes ward boundaries for City Council consideration. If changes are to be made,. they could be done before the second reading of the ordinance, which will be scheduled for the last meeting in April. III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 2.03 requires that within two years after each United States Census the City Council shall by ordinance establish compact contiguous districts to be apportioned by population as nearly equal as practicable. The three districts shall be eastern, central and western Richfield with dividing lines generally north and south. B. CRITICAL ISSUES • City Council consideration of first reading of the. ordinance to adopt a redistricting plan is scheduled for the March 26, 2002 City Council Meeting. The public hearing and second reading of the ordinance are scheduled for April 23, 2002 • Staff must submit the City's plan to the Secretary of States office on or before April 30, 2002. • The City has just received the new legislative boundaries established by the State. C. LEGAL • Minnesota State Statute 2046135 requires the City to establish ward boundaries by April 30, 2002. • Minnesota State Statute 2046.14, subd. 3c requires the City to establish.. precinct boundaries prior to April 30, 2002. • If the City council does not either confirm or redraw the ward boundaries within the period specified in section 2046.135, no .compensation may be paid to the mayor or members of the Council (MN Statute 205.84,subd 2). IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council may choose a ward district boundary modification which is different than the proposed modification. • The City Council could decide to make no changes and risk that an eligible voter may apply to the district court for a writ of mandamus requiring the redistricting of wards.. V. ATTACHMENTS • Transitory ordinance establishing new ward boundaries. • Resolution establishing precinct boundaries (Plan 1A) • Resolution establishing precinct boundaries (Plan 1 B) • Maps depicting the ward and precinct boundaries proposed in the attached ordinance and resolutions. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. n BILL NO.2002- `;~ TRANSITORY ORDINANCE NO. AN ORDINANCE ESTABLISHING THE.BOUNDARIES OF COUNCIL DISTRICTS PURSUANT TO SECTION 2.03 OF THE CITY CHARTER OF THE CITY OF RICHFIELD [PLAN 1] THE CITY OF RICHFIELD DOES ORDAIN: Pursuant to the provisions of Section 2.03 of the City `Charter of the City of Richfield, the boundaries of the three Council Ward Districts of the City are hereby established as follows: Ward District 1 All of the-City lying West of Interstate 35W Ward District 2 All of the City lying East of .Interstate 35W and lying West of the following described line: Beginning. at the intersection of the centerlines of Highway 62 and Portland Avenue;. thence south along the centerline of Portland Avenue to its intersection with the centerline of 74th.` Street;' (hence west along the centerline- of 74th Street to its intersection with the centerline of 2nd Avenue; thence South along, the centerline. of 2nd Avenue to its intersection with the centerline of Interstate 494 and there terminating: Ward District 3 All of the City lying East of the following described line: Beginning at the intersection of the centerlines of Highway 62 and Portland Avenue; thence south along the centerline of Portland Avenue to its intersection with the centerline of 74th Street; thence west along. the centerline of 74th Street to its intersection with the centerline of 2nd Avenue; thence South along the centerline of 2nd Avenue to its intersection with the centerline of Interstate 494 and there terminating. Passed by the City Council of the City of Richfield, Minnesota, this day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ^ RESOLUTION NO. ~`~ RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS; AMENDING RESOLUTION NO. [Plan 1 A] BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The boundaries of the election precincts, and polling places for such election precincts, within the City are hereby amended and established as follows: Precinct 1 Boundaries That area of the City lying East of the centerline of Portland Avenue and lying Northerly and Easterly of the following described line: Beginning at the intersection of the centerlines of Portland Avenue and 68t" Street; thence East along the centerline of 68t" Street to the centerline of Cedar Avenue; thence South along the centerline of Cedar Avenue to 69t" Street; thence along the centerline of 69t" Street to the easterly.line of 21St Avenue and there terminating. Precinct 1 Pollinct Place: Mt. Calvary Education Building - 6541 16th Avenue Precinct 2 Boundaries That area- of the. City lying East of the centerline of Interstate 35W, West of the centerline of Portland Avenue, and North of the following described line: Beginning at the intersection of the centerlines of Interstate 35W and 66t" Street; thence East along the centerline of 66t" Street to the centerline of Lakeshore Drive; thence southeasterly along the centerline of Lakeshore Drive to the centerline of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 68t" Street; .thence. East along the centerline of 68t" Street to the centerline of Portland Avenue and there terminating. Precinct 2 Polling Place: St. Peter's Catholic Church - 6720 Nicollet Avenue Precinct 3 Boundaries That area of the City lying West of Interstate 35W and lying Northerly of the following: described line: Beginning at the intersection of the centerlines of 68t" Street and Xerxes Avenue; thence East along the centerline of 68t" Street to the centerline of Humboldt Avenue; .thence South along the centerline of Humboldt Avenue to 69t" Street; thence East along the centerline of 69t" Street to the centerline of Interstate 35W and there terminating. Precinct 3 Polling Place: Sheridan Hills School - 6400 Sheridan Avenue Precinct 4 Boundaries ~ That area of the City lying centerline of Penn Avenue. South of the centerline of 68tH Street and West of the Precinct 4 Polling Place: St. Richard's Catholic Church - 7540 Penn Avenue Precinct 5 Boundaries That area of the City lying East of the centerline of Penn Avenue, South of the centerline. of 68tH Street, and East of the following described line: Beginning at the intersection of the centerlines of Humboldt Avenue and 68tH Street; thence South along the centerline of Humboldt Avenue to the centerline of 69tH Street; thence East along the centerline of 69tH Street fo the centerline of Interstate 35W; thence South along the centerline of Interstate 35W to its intersection with the centerline of Interstate 494 and there terminating. Precinct 5 Pollin. Pq lace: Richfield Middle School --7461 Oliver Avenue Precinct 6 Boundaries That area of the City lying East of the centerline of Interstate 35W, South of "Line A" ~ described below, and west of "Line B" described below. 4 `' Line A is described as beginning at the intersection of the centerlines of Interstate ~._ 35W and 66tH Street;: thence East along the centerline of 66tH Street to the centerline of Lakeshore Drive;. thence southeasterly along the centerline of Lakeshore Drive to the centerline of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 68tH Street; thence East along the centerline of 68tH Street to the centerline of Nicollet Avenue and there terminating. Line B is described as beginning at the intersection of the centerlines. of 68tH Street and Nicollet Avenue; thence South along the centerline of Nicollet Avenue to the centerline of 71St Street; thence East along the centerline. of 71St Street to the centerline of Stevens Avenue; thence South along the centerline of Stevens. Avenue to the centerline of 73rd Street; thence East along the centerline of 73rd Street to the centerline of 2"d Avenue; thence South along the centerline ofi 2nd Avenue to the centerline of Interstate 494 and there terminating. Precinct 6 Polling Place: Central School - 7145 Harriet Avenue Precinct 7 Boundaries That area of the City lying South of the centerline of 68tH Street, West of the centerline of Portland Avenue; North of the centerline of 74tH Street; and East of the following described line: Beginning at the intersection of the centerlines of 68tH Street and Nicollet Avenue; thence South along the centerline of Nicollet Avenue'to ~ the centerline of 71St Street; thence East along the centerline of 71st Street to the ~~_~ centerline of Stevens Avenue; thence South along the centerline of Stevens Avenue to the centerline of 73`~ Street; thence East along the centerline of 73~d Street to the centerline of 2"d Avenue; thence South along the centerline of 2"d Avenue to the centerline of 74tH Street and there terminating. Precinct 7 Polling Place: Hope Presbyterian Education Facility - 7132 Portland Avenue Precinct 8 Boundaries That area of the City lying, South of the centerline of 68tH Street, East of Line "C" described below, and West of Line "D" described below. Line C is described as beginning at the intersection of the centerlines of 68tH Street and Portland Avenue; thence south along the centerline of Portland Avenue to the centerline of 74tH Street; thence West along the. centerline of 74tH Street to the centerline of 2"d Avenue; thence South along the centerline of 2"d Avenue to the centerline of Interstate 494 and there terminating. Line D is described as beginning at the intersection of the centerlines of 68tH Street and 11tH Avenue; thence South along the centerline of 11tH Avenue to the centerline of 70tH Street; thence East along the. centerline of 70tH Street to the centerline of 12tH Avenue; thence South along the centerline of 12tH Avenue to the centerline of 71St Street; thence West along the centerline of 71St Street to the centerline of 11 m Avenue; thence South along the centerline of 11tH Avenue to the centerline of 77t" ~~ Street; thence East along the centerline ofi 77tH Street to the centerline of 12tH Avenue; thence South along the centerline of 12tH Avenue to the centerline of Interstate 494 and there terminating. Precinct 8 Polling Place: Richfield Intermediate School - 7020 12th Avenue Precinct 9 Boundaries: That area of the City lying South of the centerline of 68tH Street; West of the centerline of Cedar Avenue; and East of the following described line: beginning at the. intersection of the centerlines of 68tH Street and 11tH Avenue; thence South along the centerline of 11 to Avenue to the centerline of 70tH Street; thence East along the centerline of 70tH Street to the centerline of 12tH Avenue; thence South along the centerline of 12t" Avenue to the centerline of 71St Street; thence West along the centerline of 71St Street to the centerline of 11tH Avenue; thence South along the centerline of 11tH Avenue to the centerline of 77t" Street; thence East. along the centerline of 77tH Street to the centerline of 12tH Avenue; thence South along the centerline of 12tH Avenue to the centerline of Interstate 494 and there terminating. Precinct 9 Polling Place: Centennial School - 7315 Bloomington Avenue 2. The precinct boundaries shall be effective for the conduct of the September 17, 2002 election. The City Clerk is directed to post notice of the precinct boundaries in the office of the City Clerk. at least sixty (60) days' prior to September 17, 2002. 3. The City Clerk or county auditor shall notify each affected registered voter of the change in election precinct boundaries at least 14 days prior to the first election in which the new precincts are used. 4. The City Clerk is directed to immediately notify the secretary of state of the change in precinct boundaries. The City Clerk is further directed to prepare maps showing the correct boundaries of each election precinct in the City and to provide a copy of the map to the secretary of state within 30 days of the adoption of this resolution. A copy of the maps must also be available for public inspection in the office of the City Clerk. 5. For each election held in the City the City Clerk shall furnish copies of the appropriate precinct maps to the election judges for each polling place. Adopted by the City Council of the City of Richfield this day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS; AMENDING RESOLUTION NO. [Plan 1 B] BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The boundaries of the election precincts, and polling places for such election precincts, within the City are hereby amended and established as follows: Precinct 1 Boundaries That area of the City lying East of the centerline of Portland Avenue and lying Northerly and Easterly of the following described line: Beginning at the intersection of the centerlines of .Portland Avenue and 68t" Street; thence East along the centerline. of 68t" Street to the centerline of Cedar Avenue; thence South along the centerline of Cedar. Avenue to 69t" Street; thence along .the centerline of 69t" Street to the easterly line of 21St Avenue. and there terminating. Precinct 1 Polling Place: Mt. Calvary Education Building - 6541 16th Avenue ^ .Precinct 2 Boundaries ( ) That area, of the City lying East. of the centerline of Interstate 35W, West of the centerline of Portland Avenue, and North of the following described line: Beginning- at the intersection of thecenterlinesof Interstate 35W and 66t".:Street; thence East along the centerline of 66t" Street to the centerline of Lakeshore Drive; thence southeasterly along the centerline of Lakeshore Drive to the .centerline of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 68t" Street; thence East along the centerline. of 68t" Street to the centerline of the Soo Line Railway right of way; thence south along the centerline of the railway right of way to the centerline of 70t" Street; thence East along. the centerline of 70t" Street to the centerline of Nicollet Avenue;. thence. North along. the centerline of Nicollet Avenue to the centerline of 68t" Street; thence East along the centerline of 68t" Street to the centerline of Portland Avenue and there terminating. Precinct 2' Polling Place: St. Peter's Catholic Church - 6720 Nicollet Avenue Precinct 3 Boundaries That area of the City lying West of Interstate 35W and lying Northerly of the. following described line:. Beginning at the intersection of the centerlines of 68t" Street and Xerxes Avenue; thence East along the centerline of 68t" Street to the centerline of Humboldt Avenue; thence South along the centerline of Humboldt Avenue to 69t" Street; thence East along the centerline of 69t" Street to the centerline of Interstate 35W and there terminating. ~ l Precinct 3 Polling Place: Sheridan Hills School - 6400 Sheridan Avenue Precinct 4 Boundaries That area of the City lying South of the centerline of 68t" Street and West of the centerline of Penn Avenue. Precinct 4 Polling Place:. St. Richard's Catholic Church - 7540 Penn Avenue Precinct 5 Boundaries That area of the City lying East of the centerline of Penn Avenue, South. of the centerline of 68t" Street, and East of the following described line: Beginning at the intersection of the centerlines of Humboldt Avenue and 68t" Street; thence South along the centerline of Humboldt Avenue to the centerline of 69t" Street;. thence East along the centerline of 69t" Street to the centerline- of Interstate-35W; thence South along the centerline of Interstate 35W to-its intersection with the centerline of Interstate 494 and there terminating. Precinct 5 Polling Place: Richfield Middle School - 7461 Oliver Avenue Precinct 6 Boundaries That area of the City lying East of the centerline of Interstate 35W, South of "Line A" described below, and west of "Line B" described below. Line A is described as beginning at the intersection of the centerlines of Interstate 35W and 66t" Street;. thence East along the centerline of 66t" Street to the centerline- of Lakeshore Drive; thence southeasterly -along the centerline of Lakeshore Drive to the centerline. of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 68tt' Street; thence East along the centerline of 68t" Street to the centerline of the Soo Line Railway right of way; thence South along the centerline of thee. railway right of way to the centerline of 70tH Street; thence .East. along the centerline of 70t" Street to the centerline of Nicollet Avenue and there terminating. Line B is described as beginning. at the intersection of the centerlines of 68t" Street. and Nicollet Avenue; thence South along the centerline of Nicollet Avenue to the centerline of 71St Street; thence East along the centerline of 71St Street to the centerline of Stevens Avenue; thence South along the centerline of Stevens Avenue to the centerline of 73rd Street; thence East along the centerline of 73rd Street to the centerline of 2"d Avenue; thence South along the centerline of 2"d Avenue to the centerline of Interstate 494 and there terminating. n Precinct 6 Polling Place: Central School - 7145 Harriet Avenue Precinct 7 Boundaries That area of the City lying South of the centerline of 68t" Street, West of the centerline of Portland Avenue; North of the centerline of 74t" Street; and East of the following- described line: Beginning at the intersection of the centerlines of 68tH Street and Nicollet Avenue; thence South along the centerline of Nicollet Avenue to the centerline of 71St Street; thence East along the centerline of 71St Street to the centerline of Stevens Avenue; thence South along the centerline of Stevens: Avenue to the centerline of 73`a Street; thence East along the centerline of 73`a Street to the centerline of 2"a Avenue; thence. South along the centerline of 2na Avenue to the centerline of 74t" Street and there terminating. Precinct 7 Polling Place: Hope Presbyterian Education Facility - 7132. Portland Avenue Precinct 8 Boundaries That area of the City lying South of the centerline of 68t" Street, East of Line "C" described below, and West of Line "D" described below. Line C is described as beginning at the intersection of the centerlines of 68t" Street and Portland Avenue; thence south along the centerline of Portland Avenue to the centerline of 74t" Street; thence West along the centerline of 74t" Street to the centerline. of 2"d Avenue; thence South along. the centerline of 2r,a Avenue to the centerline of Interstate 494 and there terminating. Line D is described as beginning at the intersection of the centerlines of 68t" Street and 11t" Avenue; thence South along the centerline of 11t" Avenue to the centerline of 70t".Street; thence East.along;the centerline of 70t" Street to the centerline of 12t" Avenue; thence South along the centerline of 12t" Avenue to the centerline of 71St Street; thence West along the centerline of 71St Street to the centerline. of 11 t" Avenue; thence South: along the°centerline of 11th Avenue to the centerline of 77t" Street; thence East along the centerlineof 77t" Street to the centerline: of 12tH Avenue; thence South along the centerline of 12t" Avenue to the centerline of Interstate 494 and there terminating. Precinct 8 Polling Place: Richfield Intermediate.School - 7020 12th Avenue Precinct 9 Boundaries That area of the City lying South of the centerline of 68t" Street; West of the centerline of Cedar Avenue; and. East of the following described line: beginning at the intersection of the centerlines of 68t" Street and 11t" Avenue; .thence South along the centerline of 11t" Avenue to the centerline of 70t" Street; thence East along .the centerline of 70t" Street to the centerline of 12t" Avenue; thence South along the centerline of 12t" Avenue to the centerline of 71St Street; thence West along the centerline of 71St Street to the centerline of 11t" Avenue; thence South along the centerline of 11t" Avenue to the centerline of 77t" Street; thence East along the centerline of 77t" Street to the centerline of 12t" Avenue; thence South along the centerline of 12t" Avenue to the centerline of Interstate 494 and there terminating. Precinct 9 Polling Place: Centennial School - 7315 Bloomington Avenue 2. The precinct boundaries: shall be effective for the conduct of the September 17, 2002 election. The City Clerk is directed to post notice of the precinct boundaries in the office of the City Clerk at least sixty (60) days' prior to September 17, 2002. 3. The City Clerk or county auditor shall--notify each .affected registered voter of the change in election precinct boundaries at least 14 days prior to the first election in which the new precincts are used: 4. The City Clerk is directed to immediately notify the secretary of state of the change. in precinct boundaries. The City Clerk is further directed to prepare maps. showing the correct .boundaries of each-election. precinct in the. City and to' provide a copy of the map to the secretary:: of state within 30 days of the adoption of this resolution. A copy of the maps must also be available for public inspection in the office. of the City Clerk. i\_ ~ 5. For e each election held in thee: City he City Clerk shall furnish copies of the appropriate precinct-maps to he election. judges for each polling place. . Adopted by the City Council of. the City of `Richfield this day of April, 2002. Martin J. 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I 5 ~ - i / N O I I _. ~ ~ 18N I AVE.I _ g. i , F CEDAR ~ AVE I S ~ ~-_ ~ - ~ - -- `\~ \~//~ ~ ~~ ~ s, IONGFE LIOW AVE 6 NG~E LLG ,--~ i -~ ~~'r: I • _ ~ ~ _~.. ~. a (D d ~ ~ ~ ~ ~ n d a ~ w N ~ Q ~ v_ v v 3 > > > cn Z v m m AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 Proposed Ordinances 7 72 REPORT PREPARED BY: NAME, TITLE n REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: .11M TOPITZHOFER, RECREATION SERVICES DIRECTOR AIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance providing funding for certain capital im rovements not reviousl a roved, from the S ecial Revenue Fund. ~~ I. RECOMMENDED ACTION: ~~ By Motion: Approve first reading of the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements not previously approved and schedule the public hearing and second reading for April 23, 2002. II. BACKGROUND At the February 12, 2002 and March 12, 2002 City Council meetings, the City Council authorized $240,000 of Special Revenue Funds for improvements to several City recreation capital improvements in 2002. The original amount of Special Revenue funds authorized by the City Council was $545,000 at the December 10, 2001 City Council meeting. At that point in time, staff and City Council were recently notified that Governor Ventura was proposing to reduce Local Government Aid. The Governor's proposal would potentially reduce funding from the State of Minnesota to the City of Richfield in an amount up to $1,300,000 for the year 2002. Because of this drastic reduction of funding, the City Council put a hold on proceeding with the YMCA Tri-City Skate Park 0326TransitoryOrd and the Community Center Remodeling, and reduced funding to capital parks maintenance projects by $25,000, until the Legislature finalized the State Budget. These items were subsequently not included in the transitory ordinance approved by City Council on March 12, 2002. Based on the recent budget bills passed by the State Legislature that do not- cut aid to cities in the year 2002, City Council may wish to reconsider to follow through with one or more of the two deferred projects and/or restore the major park maintenance project .funding. III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • Although the threat of the reduction of Local Government Aid has subsided .for the year 2002, all indications are that LGA will most likely be significantly reduced or eliminated in the year 2003 and beyond. • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 2002 so that the capital projects can be initiated on a timely basis, completed and the funds expended. • In order for the timely start of the projects .under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on March 26 and a public hearing and second reading be completed at the April 23, 2002 City Council meeting. C. FINANCIAL • While the total 2002 Capital Improvements Budget (CIB) includes total budgeted expenditures of $1:0,405,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 545,000. At the February 12, 2002 and March 12, 2002 City Council meetings only $240,000 of the $545,000- was approved. The ordinance under consideration will address the. remaining $305,000 that had been previously deferred. Therefore, the below project expenditures should be considered: Park Maintenance $ 25,000 Community Center $ 200,000 Tri-City Skate Park $ 80,000 • A transitory ordinance is necessary to finalize these appropriations ^ pursuant to City Charter. (~) • The source of Special Revenue funds is municipal liquor profits. D. LEGAL • The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. IV. ALTERNATIVE RECOMMENDATION S ~~ • The City Council could postpone the first reading of the transitory ordinance for the deferred projects to a future City Council meeting. • The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the Capital Improvement Budget. V. ATTACHMENTS • Transitory ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Park Maintenance $ 25,000 Community Center Renovations $ 200,000 Tri-City Skate Park $ 80,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this day of April, 2002. Martin J. l~irsch, Mayor ATTEST: Nancy Gibbs, City Clerk n AGENDA SECTION: p~,t~l i c Heari ng_ AGENDA ITEM # 6 REPORT # 7 j ~` STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ ~ . SIG TURF REVIEWED BY CITY MANAGER: ~ ~i~~ ~~ ~i ~ ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading. of a transitory ordinance authorizing the planning, design and execution of Phase Two of the Outdoor Pool Renovation Pro'ect. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached transitory ordinance authorizing the planning, design and- execution. of Phase Two of the Outdoor Pool Renovation Project-with an estimated project cost of $1,549,861. II. BACKGROUND The Richfield Outdoor Pool suffered two closures this past season due to leaks in the perimeter re-circulation system caused by aged, corroded pipes. Staff has_determined that the pool can no longer serve customers reliably until permanent repairs of the re- circulation system and replacement of the main pool re-circulation pump is executed. In response to the critical condition of the re-circulation system, the City Council has directed the Outdoor Pool Task Force and the Community Services Commission to develop a preliminary plan and cost estimates to renovate the pool. Gremmer and Associates was selected to assist with the preliminary plan as consulting engineer. After working closely with City staff, the Outdoor Pool Task Force and the Community 0326 pool Services Commission, Gremmer and Associates have completed preliminary plans for the Outdoor Pool Renovation Project. At a special meeting on November 29, the Community Services Commission made some suggestions and voted unanimously to recommend approval of these preliminary project plans. On February 12, 2002, the Richfield City Council approved a transitory ordinance authorizing the planning, design and execution of Phase One of the Outdoor Pool Renovation Project with an estimated cost of $820,531. The preliminary plan is divided into three parts: Phase One, Phase Two and Future Spray Pool. Phase One includes the following: 1. Main Pool • Replace re-circulation pipes. • Replace main pool re-circulation pump. • Replace gutter system. • Sandblast, paint and caulk pool surfaces. • Construct a handicapped ramp to comply with ADA. 2. Adventure Pool (definition: a shallow wading pool with state-of--the-art play equipment, similar to playground equipment but designed for water play). • Replace existing wading pool (2,200'square feet) with a new 4,500 square-foot adventure pool. Adventure pool to comply with ADA and State codes. • Install water play equipment in the adventure pool. • Construct separate mechanical system for the adventure pool Phase Two includes the following: • Replace existing bathhouse (4,000. square-foot) with new, 6,510 square-foot bathhouse.. New bathhouse to comply with ADA and State codes. • Relocate pool. mechanical to bathhouse. • Replace main pool filter with new sand filters. • Redesign front driveway for handicapped parking and drop-off area. • Replace perimeter fence. Future Spray Pool includes the following: • Construct a 1,300 square-foot, zero-depth spray pool with separate mechanical and water spray features.. The Adventure Pool was included in Phase One along with main pool repairs for several reasons. First, the current wading pool shares a filtration system with the main pool. State codes require a separate filtration system for each pool container. Second, it is desirable have something new and exciting to attract customers after closing the pool for construction. The Outdoor Pool Task Force determined that a larger percentage of pool users are attracted to shallow-water amenities. Lastly, staff has identified a funding source to cover both the costs of main pool repairs and a new adventure pool at this time. The construction of Phase One and Two would require the pool to be closed down for one season. If approved, staff would proceed with plans, specifications, and bidding documents. Phase One and Two would be completed in time to open in the summer of year 2003. The Outdoor Pool currently does not comply with State codes and ADA. Although Phase One would drastically improve the pool, it still would not completely comply with these requirements. The bathhouse would still be in need of major modifications within one or two years after completion of Phase One. The completion of Phase Two addresses this issue. III. BASIS OF RECOMMENDATION n A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. • The City Council held a first reading of this ordinance on February 12 and scheduled the second reading. B. CRITICAL ISSUES • The Outdoor Pool cannot serve customers reliably until permanent repairs to the perimeter re-circulation system and replacement of the main pool re-circulation pump are executed. • The aged and outdated condition of the Outdoor Pool is a contributing factor to an ongoing operation budget deficit. • The Outdoor Pool remains an integral part of Richfield's character and appeal, receiving over 40,000 visits from customers last season. • A decision must be reached to complete the construction of Phase .One and Phase Two separately, or combining Phase One and Phase Two into one construction period.. • Construction for Phase One or the combination of Phases One and Two would require the pool to close this summer. The City of Bloomington is considering offering resident rates for season passes to its outdoor pool for Richfield residents during the season our pool is not in operation. C. FINANCIAL • The estimated costs for each pool phase follows: Construction Desi n Total Phase One $765,478 $55,053 $820,531 Phase`Two $1,445,735 $1-04,126 $1,549,861 TOTAL $2,211,213 $159,179 . $2,370,392 Future S ra Pool $157,306 $11,186 $168,492 • Funding sources for each pool phase includes: 1) Condemnation proceeds of Rich Acres and New Ford Town Parks will cover funds needed for Phase One. 2) A Future Spray Pool is desired to help retain customers after five years of renovated pool operation, pending the availability of funds. 3) An internal loan from the Recreation Fund, with annual payments for five consecutive years from future proceeds of the liquor stores, will fund Phase Two (see loan schedule below). Special Revenue Funds can be offset by fundraising efforts. The Outdoor Pool Task Force intends on putting forth an effort to launch a successful fundraising campaign. . .: Condemnation $850,000 Recreation Fund $1,520,392 Total $2,370,392 .- • ~ . Princi al 4% Interest Pa ment Loan Balance Recreation Fund Balance Startin Balance $1,520,392 $2,180,000 7/1/03 $304,443 $60,816 $365,259 $1,215,949 $1,024,867 7/1/04 $304,443 $48,638 $353,081 $911,506 $1,377,948 7/1/05 $304,443 $36,460 . $340,903 $607,063 $1,718,851 7/1/06 $304,443 $24,283 $328,726 $302,620 $2,047,576 7/1/07 $302,620 ' $12,105 $314,725 $2,362,301 TOTAL $1,520,392 $182,301 $1,702,693 A conservative forecast of attendance, revenues and expenses after the completion of Phase One and Phase Two are highlighted in the attached materials, along with financial comparisons of neighboring pools with recent renovations. A summary of estimates. for the Richfield project follows: Before After Renovation Renovation Pool attendance 40,560 59,750 Revenues $215,134 $300,453 Expenses, less depreciation 233 183 279 984 Profit (Loss) ($18,048) $20,469 • Proposed Pool .Fees: Although proposed pool fees have not been approved, the following fees were assumed in the above forecasts: Before Renovation Daily Regular > 42" < 42" Daily Evening > 42" < 42„ $6.00 $3.50 $4.50 $3.00 Daily Regular Daily Evening After Renovation $6.50 $5.00 Season Passes Season Passes (~1 Resident $26.00 Resident $30.00 Non-resident $29.00 Non-resident $40.00 D. LEGAL • Pursuant to Section 8.04 of the City Charter, the project will require approval of atransitory-ordinance because the estimated project cost exceeds $500,000. IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Proposed Transitory Ordinance -Phase Two • Site Plan and Bathhouse Floor Plan • Project Cost Estimate • Richfield Pool Estimated Operating Budget • 2002 Proposed Fees for Area Pools • Comparison of Area Outdoor Pool Renovation Projects • Various Area Outdoor Pool Budgets Before and After Renovation • Various Area Pool Budget Charts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • .Members of the Outdoor Pool Task Force • Jody Dahms and Tim Gremmer, Gremmer and Associates • Tom Schuelke, TSP One, Inc. BILL NO. Transitory Ordinance No. (`~) AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR PHASE TWO OF THE RENOVATION OF THE RICHFIELD OUTDOOR POOL, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City- owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project at the Richfield Outdoor Pool, 630 East 66th Street, which is City owned property. 1.03. The capital improvement project consists of the design, engineering and construction of improvements to the existing pool (the "Outdoor Pool Renovation Project"). 1.04. On October 8, 2001, the City Council previously approved a contract for preliminary architectural, design and engineering planning services for outdoor pool improvements in the amount of $5,000. The estimated construction cost for Phase Two of the capital improvement, excluding .design,. engineering and construction management costs, is $1,445,735.. Design, engineering and construction management costs for Phase Two is $104,126. The preliminary estimates for total construction cost of Phase Two is $1,549,861. 1.05. A public hearing was held on March 26, 2002, after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and -its inhabitants that the Outdoor Pool Renovation Project be approved. Section 2. Approval; effective date. 2.01. Phase Two of the Outdoor Pool Renovation Project are approved, and planning, design and construction of Phase Two of the Outdoor Pool Renovation Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Outdoor Pool Renovation Project; nor does it vest any rights in the Outdoor Pool Renovation Project to any individual or entity. The City Council reserves the right to abandon, the Outdoor Pool Renovation Project or to modify elements of the Outdoor Pool Renovation Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the City of Richfield this 26th day of March 2002. ATTEST: _J Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk n z ~g oa wo z0 ZJ ~LL°- W ~ W wOZ s 2 2=W w ~- ~ m ~ m Q o 1 I 1 1 1 I 1 1 1 I I ~' ~I 1 1 1 I 1 I ............. I .J 1 1 tl j ff I 1 1 I b 1 U ' J' ______________________________J ,,----~~ RICHFIELD, MINNESOTA ~'~-J RENOVATION OF RICHFIELD MUNICIPAL POOL COST ESTIMATE-ALTERNATE #4 PREPARED BY TIM GREMMER OF GREMMER & ASSOCIATES -NOVEMBER 29, 2001 FOR BID OPENING NO LATER THAN MAY 2002 EXISTING 50 METER POOL AREA = 13,895 PROPOSED ADVENTURE POOL AREA = 4,500 SQUARE FEET FUTURE SPRAY POOL AREA = 1,300 SQUARE FEET TOTAL PATRON CAPACITY ALL POOLS = 1,164 PATRONS WORK ITEM UNITS QUAN. PRICE TOTAL PHASE 1:50 METER RECIRCULATION PIPING, DECK REPLACEMENT, AND ADVENTURE POOL 1.1 GENERAL CONDITIONS/BOND/MOBILIZATION BOND @ 1.5% LS $ 10,200 GENERAL CONDITIONS @ 4.0% LS $ 27,200 MOBILIZATION @ 2% LS $ 13,600 $ 680, 000.00 TOTAL $ 51,000 1.2 SITE WORK SAWCUT CONCRETE DECK LF 575 $ 2.00. $ 1,150 DEMOLISH EXISTING DECK. LS 7,145 $ 1.25 $ 8,931 EXCAVATION CY 2,550 $ 6.00 $ 15,300 SITE ELECTRICAL SF 13,895 $ 0.75 $ 10,421 SITE MECHANICAL SF 13,895 $ 0.75 $ 10,421 MASTER MANHOLE LS 1 $ 10,000.00 $ 10,000 12 INCH DIAMETER STORM SEWER LF 100 $ 25.00 $ 2,500 CONCRETE DECK AND DECK DRAINS SF 14,819 $ 5.00 $ 74,095 REMOVE TAR FROM JOINTS, SANDBLAST DECK LS 1 $ 4,000.00 $ 4,000 STONE FILL TN 2,000 $ 12.00 $ 24,000 SITE ELECTRICAL -ADVENTURE POOL LS 1 $ 10,000.00 $ 10,000 SITE MECHANICAL -ADVENTURE POOL LS 1 $ 10,000.00 $ 10,000 TOPSOIL SY 1,200 $ 1.50 $ 1,800 SOD SY 1,200. $ 2.00 $ 2,400 TOTAL $ 185,019 1.3 SWIMMING POOL POOL PERIMETER PIPING LF 1,300 $ 20.00 $ 26,000 CORE OPENINGS EA 50 $ 200.00 $ 10,000 GUTTER GRATING LF 580 $ 35.00 $ 20,300 SEAL GUTTER LF 580 $ 5.00 $ 2,900 WATERSLIDE SUCTION CHAMBER LS 1 $ 3,000.00 $ 3,000 SANDBLAST, CAULK AND PAINT POOL SF 16,154 $ 4.50 $ 72,693 REPLACE POOL RECIRCULATION PUMP LS 1 $ 15,000.00 $ 15,000 HANDICAP RAMP LS 1 $ 15,000.00 $ 15,000 ~ TOTAL $ 164,893. 1.4 ADVENTURE POOL ADVENTURE POOL PLAY STRUCTURE MATERIALS LS INSTALLATION LS ADVENTURE POOL SF ADVENTURE POOL GUTTER LF PAINT SPRAY POOL SF POOL WATER TREATMENT SYSTEM AND PIPING SF SURGE TANK LS POOL WATER HEATER LS TOTAL TOTAL ITEMS 1.1 THROUGH 1.4 1.5 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS GOVERNMENT REVIEW FEES LS SOILS AND MATERIALS TESTING LS PROFESSIONAL SERVICE FEES @ 8.0% LS CONTINGENCY @ 10% LS TOTAL TOTAL PHASE 1 PHASE 2: UPGRADE 50 METER POOL, NEW BATHHOUSE 2.1 GENERAL CONDITIONSIBONDIMOBILIZATION $ 2,000 $ 1,000 $ 5,500 $ 55,053 $ 68,816 $ 132,369 $ 820,531 BOND @ 1.5% LS $ 18,000 GENERAL CONDITIONS @ 4.0% LS $ 48,000 MOBILIZATION @ 0.5% LS $ 24,000 $ 1,200,000 1 $ 125,000.00 $ 125,000 1 $ 30,000.00 $ .30,000 4,500 $ .12.00 $ 54,000 270 $ 50.00 $ 13,500 4,500 $ 2.50 $ 11,250. 4,500 $ 9.00 $ 40,500 1 $ 5,000.00 $ 5,000 1 $ 8,000.00 $ 8,000 $ 287,250 $ 688,162 l ~ TOTAL $ 90,000 2.2 SITE WORK SAWCUT EXISTING DECK LF 170 $ 2.00 $ 340 DEMOLISH EXISTING WADING POOL SF 2,021 $ 2.00 $ 4,041 DEMOLITION EXISTING DECK AND SIDEWALK SF 33,580 $ 1.25 $ 41,975 DEMOLISH EXISTING BATH HOUSE SF 4,050 $ 4.00 $ 16,200 PARTIALLY DEMOLISH ENTRANCE CURB LF 354 $ 3.00 $ 1,061 PARTIALLY DEMOLISH EXISTING BITUMINOUS SY 1-,354 $ 2.50 $ 3,384 REMOVE EXISTING FENCE LF 2,064 $ 1.50 $ 3,096. FILL CY 1,000 $ 5.00 $ 5,000 EXCAVATION CY 1,000 $ 5.00 $ 5,000 ELECTRICAL SERVICE LS 1 $ 15,000.00 $ 15,000 GAS SERVICE LS 1 $ 10,000.00 $ 10,000 . WATER BUILDING SERVICE LS 1 $ 5,000.00 $ 5,000 . SANITARY BUILDING SERVICE LF 1 $ 5,000.00 $ 5,000 TELEPHONE LS 1 $ 5,000.00 $ 5,000 SITE ELECTRICAL LS 1 $ 15,000.00 $ 15,000 SITE MECHANICAL SF 1 $ 15,000.00 $ 15,000 CONCRETE CURB AND GUTTER LF 289 $ 12.00 $ 3,463 CRUSHED AGGREGATE BASE COURSE TN 115 $ 13.00 $ 1,495 BITUMINOUS CONCRETE TN 50 $ 45.00. $ 2,268 ^ J MARKING HANDICAP AREA `( LS 1 $ 500.00 $ ` 500 _ SIDEWALK SF 10,324 $ 4.50 $ 46,458 CONCRETE DECK AND DECK DRAINS SF 24,505 $ 5.00 $ 122,527 TOPSOIL SY .2,500 $ 1.50 $ 3,750 SOD SY 2,500 $ 2.00 $ 5,000 EXIT TURNSTILE EA 1` $ 3,000.00 $ 3,000 8'-0" VINYL COATED FENCE LF 1,195 $ 30.00 $ 35,844 ORNAMENTAL FENCE LF 165 $ 50.00 $ 8,225 TOTAL $ 382,627 2.3 BATHHOUSE BATHHOUSE FIRST FLOOR ARCHITECTURAL SF 5,230 $ 75.00 $ 392,250 BASEMENT ROOM SF 1,280 $ 40.00 $ 51,200 BATHHOUSE MECHANICAL SF 6,510 $ 30.00 $ 195,300 BATHHOUSE ELECTRICAL SF 6,510 $ .20.00. $ .130,200 BATHHOUSE FURNISHINGS/LOCKERS LS 1 $ 35,000.00 $ 35,000 CONCESSION EQUIPMENT LS 1 $ 25,000.00 $ 25,000 TOTAL $ 828,950 TOTAL CONSTRUCTION ITEMS 2.1 THROUGH 2.3 $ 1,301,577 2.5 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS $ 2,500 GOVERNMENT REVIEW FEES LS $ 1,500 SOILS AND MATERIALS TESTING LS $ 10,000 PROFESSIONAL SERVICE FEES @ 8.0% LS $ 1,04,126 CONTINGENCY @ 10% LS $ 130,158 TOTAL $ 248,284 TOTAL PHASE 2 ~ $ 1,549,861 TOTAL PHASE 1 AND 2 $ 2,370,392 FUTURE SPRAY POOL 3.1 GENERAL CONDITIONS/BOND/MOBILIZATION BOND @ 1.5% LS $ 1,500 GENERAL CONDITIONS @ 4.0% LS $ 4,000 MOBILIZATION @ 0.5% LS $ 2,000 $ 100,000.00 TOTAL $ 7,500 3.2. SITE WORK STONE FILL TN 500 $ 12.00 $ 6,000 EXCAVATION CY 500 $ 6.00 $ 3,000 SITE ELECTRICAL SF 1,300 $ 3.00 $ 3,900 SITE MECHANICAL SF 1,300 $ 3.00 $ 3,900 CONCRETE DECK AND DECK DRAINS SF 3,623 $ 5.50 $ 19,924 TOPSOIL SY .300 $ 1.50 $ 450 SOD SY 300 $ 2.00 $ 600 TOTAL $ 37,774 3.3 SPRAY POOL SPRAY POOL PLAY STRUCTURE LS 1 $ 50,000.00 . $ 50,000 SPRAY POOL SF 1,300 $ 12.00 $ 15,600 PAINT SPRAY POOL SF 1,300 $ 2.50 $ .3,250 POOL WATER TREATMENT/DISTRIBUTION SYSTEM LS 1,300 $ 9.00 $ 11,700 POOL HEATER EA 1 $ 4,000.00 $ 4,000 SURGE TANK LS 1 $ 5,000.00 $ 5,000 POOL WATER TREATMENT SYSTEM LS 1 $ 5,000.00 $ 5,000 TOTAL TOTAL CONSTRUCTION ITEMS 3.1 THROUGH 3.3 3.4 PROFESSIONAL FEES AND MISCELLANEOUS $ 94,550 $ 139,824 CITY COSTS LS 1 $ - PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS 1 $ 1,000.00 $ 1,000 GOVERNMENT REVIEW FEES LS 1 $ 500.00 $ 500 SOILS AND MATERIALS TESTING LS 1 $ 2,000.00 $ 2,000 PROFESSIONAL SERVICE FEES @ 8.0% LS 1 $ 11,186 CONTINGENCY @ 10% LS 1 $ 13,982 TOTAL $ 28,668 .~. ~~OTAL FUTURE SPRAY P04L ~ ~ ~ $ '~68,49Z ~~ ~~ TOTAL PHASES 1,2 AND FUTURE SPRAY POOL $ 2,538,884 n Richfield Outdoor Pool Operating Budget Forecast REVENUE ~ ' "' CHG FOR SER CHG FOR SER DAILY ADMISSIONS $65,060 $68,848 DAILY ADMISSIONS $127,150 Daytime rate, more than 42" 8400 @ $5.63 Daytime Rate 17,000 @ $6.10 Daytime rate, less than 42" 1200 @ $3.29 Evening Rate 5,000 @ $4.69 Evening rate, more than 42" 3000 @ $4.23 Evening rate, less than 42" 400 @ $2.82 SEASON PASS $57,480 $48,166 SEASON PASS $86,543 Single Season Ticket 180 @ $33.80 Resident 1,500 @ $28.17 Season Ticket 2 170 @ $56.34 Non-Resident 900 @ $37.56 Season Ticket 3 190 @ $74.18 Day Care 300 @ 28.17 Season Ticket 4 170 @ $92.02 Assistance Ticket 80 @ $12.68 Season Ticket 5 70 @ $107.98 Season Ticket 6+ 30 @ $125.82 Assistance Ticket 80 @ $9.39 GROUP DISCOUNT $9,730 $10,479 GROUP DISCOUNT $15,480 2,300 @ $4.23 3,000 @ $5.16 DAY CARE PASS $9,090 $8,954 DAY CARE PASS Included in $0 440 @ $21 season pass RENTAL - NO TAX $8,850 $9,809 RENTAL - NO TAX $18,650 Non-Prime Time 60 hr @ $50 Non-Prime Time 60 hr @ $65.00 Prime Time 90 hr @ $65 Prime Time 160 hr @ $80.00 ,RENTAL -TAX $3,100 $3,653 RENTAL -TAX $5,400 10 hr @ $50 30 hr @ $55 40 hr @ $65 60 hr @ $70 CONCESSIONS $27,500 $24,456 CONCESSIONS $32,000 LESSONS $12,720 $14,458 LESSONS $15,230 Red Cross 300 @ $32 Red Cross 350 @ $33 Pre-Beginner 80 @ $32 Pre-Beginner 30 @ $33 Waterbabies $0 Waterbabies 8 @ $33 Water Tots $0 Water Tots 8 @ $33 Private Instruction 40 @ $14 Private Instruction 40 @ $14 SALES TOTAL $0 $193,530 $188,823 SALES TOTAL $0 $300,453 OVER/SHORT $18 OVER/SHORT Other Ref/Re $0 Other Ref/Re MISC REV $1,293 MISC REV Cell Tower Revenue Operating Transfers In $0 $25,000 Operating Transfers In SALE OF PR SALE OF PR TOTAL 3780 $0 $26,311 TOTAL 3780 $0 TOTAL REVENUE $0 $193,530 $215,134 TOTAL $0 $300,453 Richfield Outdoor Pool Operating Budget Forecast \_ EXPENDITURES ~ ''•' ' ' •~ PERSONAL SERVICES PERSONAL SERVICES Seasonal employees $105,660 $96,932 Seasonal employees $142,260 1 Coordinator (0 hr) $0 1 Coordinator (370 hr) $5,850 3 Supervisors (1,400 hr) $15,780 3 Supervisors (1,050 hr) $13,810 28 Aquatic (7,200 hr) $65,590 28 Aquatic (10,000 hr) $88,000 10 Cash/Conc (1,440 hr) $10,840 12 Cash/Conc (2,500 hr) $20,300 6 Attendants (550 hr) $3,410 8 Attendants (600 hr) $3,700 1 Maintenance (630 hr) $7,230 1 Maintenance (750 hr) $7,700 1 Clerk (270 hr) $2,810 1 Clerk (270 hr) $2,900 Overtime $0 $1,513 Overtime $0 FICA $6,550 $6,104 FICA $8,820 Medicare $1,530 $1,427 Medicare $2,034 Employee PERA $0 $0 Employee PERA $0 Worker's Comp. $5,890 $5,401 Worker's Comp. $6,200 Interdepart.labor $30,080 $25,132 Interdepart.labor $31,380 Ice Arena-4840 $25,150 Ice Arena-4840 $26,450 Govt Bldg-4250 $4,370 Govt Bldg-4250 $4,370 Water Mtc-4836 $120 Water Mtc-4836 $120 Park Mtc-4751 $320 Park Mtc-4751 $320 Street Mto-4220 $120 Street Mtc-4220 $120 PERSONAL SERVICES TOTAL $149,710 $136,509 PERSONAL SERVICES TOTAL $190,694 OTHER SERVICES &CHG OTHER SERVICES &CHG Professional Service $1,750 $2,516 Professional Service $2,000 Plumbing $650 Plumbing $500 Printing $450 Printing $500 Electrical $650 Electrical $500 ~ Painting $0 Painting $500 Rents & leases $920 $740 Rents & leases $870 Tools $120 Tools $120 Inst. Equipment $110 Inst. Equipment $110 Videos $50 Videos $0 Controller $640 Controller $640 Date Process Rental $1,090 $1,034 Date Process Rental $1,230 Fixed Rental $1,330 $0 Fixed Rental $0 Lawn Mower Lawn Mower Equip. Rent-Operatio $760 $76 Equip. Rent-Operatio $0 Maintenance & repair $1,890 $0 Maintenance & repair $1,850 Office Equipment $120 Office Equipment $100 Concession Equip. $170 Concession Equip. $200 Motors/Pump $550 Motors/Pump $600 Electrical $300 Electrical $200 Plumbing $500 Plumbing $500 Irrigation $250 Irrigation $250 Waterslide $0 Waterslide $0 Utility services $28,050 $24,275 Utility services $35,500 Gas $9,050 Gas $14,000 NSP $8,900 NSP $9,000 Water/Sewer $10,100 Water/Sewer $12, 500 Advertis. &Publictn $2,550 $2,896 Advertis: &Publictn $3,450 Ads & Flyers $2,100 Ads & Flyers $2,700 Inst. Books $50 Inst. Books $50 Brochure $400 Brochure $700 Richfield Outdoor Pool Operating Budget Forecast r EXPENDITURES ' '"' ' ~ ~ ~~ 490 $1 455 $1 Communication $3,130 Communication , , Offce Phone $1,550 Office Phone $1,260 Pay Phone $200 Pay Phone $0 Long Distance $30 Long Distance $30 E36Chemical Monitor $1,550 Travel-confer-school $750 $425 Travel-confer-school $750 Mileage $200 Mileage $200 Seminar $350 Seminar $350 CPO $200 CPO $200 Membership Sub. $210 $0 Membership Sub. $170 NPRA $70 NPRA $70 MRPA $90 MRPA $100 Magazine $50 Magazine $0 Insurance & bonds $4,500 $3,547 Insurance & bonds $4,500 Property liability $900 $900 Property liability $900 Licenses $180 $0 Licenses $250 Conc, pool Conc, pool Contracts $810 $447 Contracts $960 Red Cross $450 Red Cross $600 SKB Environmental $150 SKB Environmental $150 Alarm $210 Alarm $210 Office supplies $200 $160 Office supplies $400 Paper, pens, pencils Paper, pens, pencils Copying charges $80 $0 Copying charges $80 Postage $500 $963 Postage $700 Clothing $1,900 $1,348 Clothing $1,200 Swim Suits $950 Swim Suits $1,000 Sweat Shirts $500 Sweat Shirts $0 i T-Shirts $450 T-Shirts $50 Lettering $0 Lettering $150 Parts and Tools $200 $0 Parts and Tools $0 hand/power tools Hdwe Hdwe, hand/power tools , Maint & Cont. Materi $1,070 $0 Maint & Cont. Materi $1,070 Sprinkler System $150 Sprinkler System $150 Treated Lumber $100 Treated Lumber $100 Valves & Motors $500 Valves & Motors $500 Plumbing/Pipes $220 Plumbing/Pipes $220 Caulk/Patch $100 Caulk/Patch $100 Chemicals $7,720 $4,877 Chemicals $7,000 Caustic $4,900 Caustic $3,900 Chlorine $2,600 Chlorine $2,600 Muriatic Acid $100 Muriatic Acid $100 Sodium Bicarbonate $0 Sodium Bicarbonate $400 General Supplies $5,430 $20,056 General supplies $7,180 Signs $100 Signs $100 Safety Products $400 Safety Products $500 Kickboards $100 Kickboards $100 Teaching Equipment $250 Teaching Equipment $250 Paint & Paint Supplies $1,800 Paint & Paint Supplies $200 Paper Products $330 Paper Products $330 L.G. Equipment $250 L.G. Equipment $250 Garbage Containers $50 Garbage Containers. $50 n Richfield Outdoor Pool Operating Budget Forecast ~, EXPENDITURES General Supplies (continued) ~ '' •' ' ' • Electrical Supplies $300 Electrical Supplies $300 Plumbing $500 Plumbing $500 Patches $250 Patches $250 Ropes/Floats $150 Ropes/Floats $150 Concession Equip. $200 Concession Equip. $200 Cleaning Supplies $750 Cleaning Supplies $1,000 Deck Chairs $0 Deck Chairs $2,000 Tables $0 Tables $1, 000 Other Charges $0 $124 Other Charges $100 CHARGES 8~ SERVICES TOTAL $64,280 $85,839 CHARGES 8< SERVICES TOTAL $73,290 Pur Resale $13,500 $13,297 Pur Resale $16,000 PURCHASE FOR RESALE TOTAL $13,500 $13,297 PURCHASE FOR RESALE TOTAL $16,000 CAPITAL OUTLAY CAPITAL OUTLAY Other equipment $10,000 $0 Other equipment $0 Lounge Chairs $5,000 Lounge Chairs $0 Umbrellas $5,000 Umbrellas $0 Other Improvements $0 $17,538 Other Improvements $0 CAPITAL OUTLAY TOTAL $10,000 $17,538 CAPITAL OUTLAY TOTAL $0 IR Fund $0 $0 PIR Fund $0 PIR TOTAL $0 $0 PIR TOTAL $0 $0 TOTAL EXPENSES $237,490 $233,183 TOTAL EXPENSES $279,984 Personal Services $149,710 $136,509 Personal Services $190,694 Other Charges and Services $64,280 $65,839 Other Charges and Services $73,290 Supplies $13,500 $13,297 Supplies $16,000 Capital Outlay $10,000 $17,538 Capital Outlay $0 Transfers Out $0 $0 Transfers Out $0 TOTAL EXPENDITURES $0 $237,490 $233,183 TOTAL EXPENDITURES $0 $279,984 TOTAL REVENUE $0 $193,530 $215,134 TOTAL REVENUE $0 $300,453 DIFFERENCE $0 ($43,960) ($18,048) DIFFERENCE $0 $20,489 ~~ 7; O a a L a 0 N ~~ LL d O Q. N O N n ~ ~ ~ 0 O ~ 0 ~"~ M ffl y} ~} N 6F} yq. Ef-} ~. N a a c = c c a s a, y d ~ a~ N ~ ~ m ~ ai ~ >, a~ 0 c~ ~ c~ ~ ~ o ~ ,~ = ai a ai s ~, >- ~ w ~, ~ >, ' ~ ~ 0 ~ a 0 ~ ~ ~ ~ ~ ~ m ~ a~ a m a c ~ w ~ - - ~ z ~ z Q Q O d' f~ ~ O ~ ~ ~ N O M M ~ O ~ d0' 'mod' N EF} Ef} ~} ~{} EF} Ef} Efl~ E!? ~ EH ~ Ef} E!-} ~} ~} ~} a c ~ "" c ~ ~ ~ ~ ~ • ~ ~ ~ c a ~ ~ ~ ~ ~ ca c ~ o ~ ~ o ~ o N "' ~ ~ z _ ° ° ~ ~ ~ c~r ~ ~ ~ ~ a ~ ~ a ~ ~ ~ _ _ • >, ~ = y ~ d ~ as c~ ~ ~ ,~ ~ ~ w ~ ~ ~ v ~ ~ CV N ~ • +~ vj >+ ~. ~ O ~~ ~ ~t L ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ z ~ z Q ~ ~ a O o ~ c ~ ~ ~ a~ ~ = o o m ~ m ~ •a i a ~ ~ a i ~ ' ~ ~ ~ . _ w z ~ >•cn ow o~ N Q n . ~~ Comparisons Between ~`.. Area Outdoor Pool Renovation Projects The following pages indicate the effects of a pool renovation on the facility's operating and revenue budgets. The Cities of St. Louis Park and Edina have conducted renovation projects in recent years and the renovation of the City of Bloomington's outdoor pool is currently in progress. To clarify, these projects are not identical in scope and magnitude. Here is more detail about these pool renovations: City of Edina Spiral and tunnel slides, a tire swing, sprays, fountains and other water-in-motion amenities. For easy entry, water depth begins at zero and increases to 18 inches. The Edina Aquatic Center also features an Olympic-size pool with a 215-foot twisting water slide, athree-meter diving board, two one-meter diving boards and lap-swimming lanes. For swimmers' comfort, the water temperature in both pools is at least 84 degrees Fahrenheit. When it's time for a break, swimmers can relax in lounge chairs or take shelter under large shade umbrellas. Afull-service concessions area, located near the children's pool, offers light meals and snacks. e-art" aquatic park features - City of St. Louis Park • 20,000 square feet of water • Water playground with geysers and splash toys • 25-meter lap pool • Zero-depth entry to allow visitors to wade into the water • Two drop slides • Two winding water slides nearly four-stories high. • Wet sand playground • Picnic gazebo • Concession stand City of Bloomington Construction began the second week of August 2001 on the renovation of the former Valley View Pool. The pool will be upgraded to the new standards of a "family aquatics park." Amenities will include zero-depth entry, water play features such as a beach boat slide, tumble buckets and arch spray sets, as well as a renovated bathhouse. 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Q Q x W Q 0 ~ ~ Q \ ~ ~ Y/ ~ YJ ~ YI j -, AGENDA SECTION: __ Consent AGENDA ITEM # SD REPORT # 7 0 J STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIItECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR ' NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~' 3 1 - ~ `~ ~ / ' ITEM FOR COUNCIL. CONSIDERATION: Consideration of award of contract to Gremmer and Associates for the planning, architectural and engineering consulting services for the Outdoor Pool Renovation Project, Phase .One, for a desi n fee a ual to 8% of the actual construction cost desi n fee estimated at $55,053 . L RECOMMENDED ACTION: By Motion: Award the attached contract to Gremmer and Associates for planning, architectural and engineering consulting services for the Outdoor Pool Renovation Project, Phase One, for a design fee equal to 8% of the actual construction cost (design fee estimated at $55,053 . REVIEWED BY CITY MANAGER: II. BACKGROUND Gremmer and Associates have completed preliminary plans for the Outdoor Pool Project. The Richfield City Council approved a transitory ordinance to authorize phase one of these plans on February 12, 2002. The attached contract is the next step. toward the construction process of the project. 0326 gremmer The attached contract identifies the services provided by Gremmer and Associates for ~ ) further design work, drawings, bid documents, and construction supervision. The specific services provided by Gremmer are outlined in exhibits A and J. The fee for Gremmer is an amount equal to 8% of the actual construction cost (design fee estimated at $55,053).. Phase One includes the following improvements to the main pool and the replacement of the wading pool Main Pool ^ Replace re-circulation pipes. ^ Replace main pool re-circulation pump. ^ Replace gutter system. ^ Sandblast, paint, and caulk pool surfaces. ^ Construct an accessible ramp to comply with ADA. 2. Adventure Pool (definition: a shallow wading pool with state-of--the-art play equipment designed for water play). ^ Replace existing wading pool (2,200 square-foot) with a new 4,500 square-foot adventure pool, to comply with ADA and State codes. ^ Install water-play equipment in adventure pool ^ Construct separate mechanical system for the adventure pool. The construction schedule for Phase One and Phase Two (if approved) is attached. III. BASIS OF RECOMMENDATION A. POLICY • City Council approved a transitory ordinance approving Phase One pool improvements and conducted a public hearing on February 12, 2002. More than 30 days have commenced since the approval of the transitory ordinance. Therefore, pursuarit to Section 8.04 of the City Charter, the contract with Gremmer and Associates can now be executed. B. CRITICAL ISSUES • Plans, specifications and bidding must be completed in advance of the summer so that construction can begin and the pool to open on time during the 2003 season (see attached construction schedule). • On April 23, 2002, the City Council will consider approval of Phase Two to .coincide-with phase one. In the event City Council approves Phase Two, an addendum to the attached contract will be presented to City Council on April 23. C. FINANCIAL (~ The design fee for Gremmer and Associates included in the contract is an `-' amount equal to 8% of the actual construction cost. The estimated construction cost of Phase One is estimated at $688,162. The estimated ,~ design fee is $55,053. The remaining items in the project include testing, ~~.`? government fees, a 10% contingency, other City costs. Total Construction Cost Estimate $688,162 Design Fee Estimate $55,053 Testing; Government Fees, 10% Contingency, Other City Costs 77 316 Total Project Cost $820,531 Phase One is funded entirely through proceeds from the condemnation of New Ford Town and Rich Acres Parks. D. LEGAL • The attached agreement was reviewed by Attorney Paula Callies of Kennedy & Graven. • Section 6.05 was reviewed by Steven Devich, Administrative Services Director, concerning insurance components. Recommendations on behalf of the City were incorporated into the agreement. IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS `-! Standard. Form of Agreement Between Owner and Engineer For Professional Services. • Construction Schedule VI. PRINCIPAL PARTIES EXPECTED AT 1VIEETING • Members of the Outdoor Pool Task Force • Jody Dahms, Gremmer and Associates- • Rick Jabs, Community.. Services Commission n n This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD FORM OF~AGREEMENT` BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMIT`~EE " - and Issued and Published Jointly By ili ~` National Society of Professional E i ng neers AMERICAN CONSULTING PrntesrloaalEngiaeeistaPrnatePractice ENGINEERS COUNCIL AMEf~I~;AN ~OCI~ ,' ~F ' CN IL ENGiNEEt~::~; PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This Agreement has been prepared for use with the Standard General Conditions of the Construction Contr_vr (No. 1910-8, 1996 Edition) of the Engineers Joint Contract Documents Committee. Their provisions aret interrelz:i~d, and a change in one may necessitate a change in the other. For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). For guidance on the completion and use of this Agreement, see EJCDC Usets Guide, No. 1910-50. FJCDC No. 1910-t (1996 gdlaon) TABLE OF CONTENTS Wit' ART[CLE 1 -SERVICES OF ENG[NEER ......................... 2 ................... I.O1 Scopc .............................................................. 2 ARTICLE 2 -OWNER'S RESPONSIB[LITIES ........................ . . . 2 ........ 2.O1 General .................................................. ..... 2 ARTICLE 3 - TIMES FOR RENDERING SERVICES 3.01 ......... 2 General 3.02 .............................................................. 2 Suspension ................... ........................................ 2 ARTICLE 4 -PAYMENTS TO ENGINEER 4.01 2 Methods of Payment for Services and Reimbursable Expenses of ENGINEER 2 2 ..Other Provisions Concerning Payments ....... ...... . .............. • .......... , . 2 ARTICLE 5 - OPINIONS OF COST .. 5.01 ...... . ....---••---••- Opinions of Probable Const ti C . 2 ruc on ost ............ . .......... _ . , . , , , .. • . 3 ..... Designing to Construction Cost Limit ... 5.03 ........ 3 .................... Opinions of Total Project Costs ...... . .... . .. ... , . , . - • .. • . . - 3 ARTICLE 6 - GENERAL CONSIDERATIONS .. . .O1 ........ . . ......... Standards of Rerformance ... 6.02 6 03 ........................ _ ..................... Authorized Project Representatives ........ _ - 4 . Design without Construction Phase Services 6.04 ................... _ 4 ................. Use of Documenu .. 6.05 .... . ..................... 5 Insurance .... 6.06 ............... , ......... 5 ............................. Termination .... 6.07 ...................... . ... 6 ........ Controlling Law . ............ .08 ................................. ........ . 6 Successors Assigns and Beneficiaries 6.09 , , ......... . :.............................. 6 Dispute Resolution ........... 6.10 7 Hazardous Environmental Co diti .11 n on .......................... - ~ ................. Allocation of Risks 6.12 ....... . ........................ Notices ..... 6.13 ...............................•-•-•......... ......... 8 Survival ... . . 6.14 ................ ........ 8 Severabiliry ............ 6.15 ... ........... 8 Waiver .. 6.16 ........................ ...................... ......_.... 8 Headings ........... .......... . .......... 8 ARTICLE 7 - DEFINITIONS .. 7.01 ............... . ....................................... 8 Defined Terms .. ............................ . ......................... 8 ARTICLE 8 -EXHIBITS AND SPECIAL PROVISIONS .. 8.01 ......... _ .. 11 .......................... Exhibits Included ..... 8.02. ............................... . ................. 11 Total Agreement ............ .. I1 '~J STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of _ March 26 , 2002 _ ("Eft~a:~~re I:~atc"=} between This City of Richfield, a municipal corporation Gremmer & Associates, Inc., Consulting Engineers ("OWNER") and OWNER intends to Community Swimming Pool Renovation Project -Phase I.. _Thi s shal 1 include repairs to exi sti nq 50 meter pool which includes ~~~=~~ t°€a~c: i ~Ncul ati on piping to pool and from gutters, repair of deck, and added HC ramp. Project shall also include a new wading pool to the west of the existing pc . OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as folio; s: Standard Form of Agreement Between Owner and Engineer for Professional Services Page 1 of 12 ARTICLE [ -SERVICES OF ENGINEER 1.01 Scope A. ENGINEER shalt provide the Basic and Additional Services set forth herein and in Exhibit A. B. Upon this Agreement becoming effective, ENGINEER is authorized to begin Basic Services as set forth in Exhibit A. C. tf authorized by OWNER, ENGINEER shall furnish Resident Project Representative(s) with duties, responsibilities and limitations of authority as set forth in Exhibit D. ARTICLE 2 -OWNER'S RESPONSIBILITIES 2.01 General A. OWNER shall have the responsibilities set forth herein and in Exhibit B. ARTICLE 3 - TIl1g'S FOR RENDERING SERVICES 3.01 General A. ENGINEER'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. Unless specific periods of time or specific dates for providing services are specified in this Agreement, ENGINEER'S obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. B. If in this Agreement specific periods of time for rendering services aze set forth or specific dates lry which services are to be completed are provided, and if such periods of time or dates are changed through no fault of ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If OWNER has requested changes in the scope, extent, or character of the Project, the time of performance of ENGINEER'S services shall be adjusted equitably. C. For purposes of this Agreement the term "day" means a calendar day of 24 hours. n 3.02 Suspension A. If OWNER fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if ENGINEER'S services are delayed through no fault of ENGINEER, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement. B. If ENGINEER'S services are delayed or suspended in whole or in part by OWNER, or if ENGINEER'S services are extended by Contractor's actions or inactions for more than 90 days through no fault of ENGINEER; ENGINEER shall be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, reasonable costs ,incurred by ENGINEER in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance tinder this Agreement has been revised. ARTICLE 4 -PAYMENTS TO ENGINEER 4.01 Methods of Payment for Services and Reimbursable Expenses of ENGINEER A. For Basic Services. OWNER shall pay ENGINEER for Basic Services performed or furnished under Exhibit A, Part 1, as set forth in Exhibit C. B. For Additional Services. OWNER shall pay ENGINEER for Additional Services performed or furnished under Exhibit A, Part 2, as set forth in Exhibit C. C. For Reimbursable Expenses. In addition to payments provided for in paragraphs 4.Ol.A and 4.OI.B, OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and ENGINEER'S Consultants as set forth in Exhibit C. 4.02 Other Provisions Concerning Payments A. Preparation of Invoices. Invoices will be prepared in accordance with ENGINEER'S standard invoicing practices and will be submitted to OWNER by ENGINEER, unless otherwise agreed. The amount billed in each invoice will be calculated as set forth in Exhibit C. B. Payment of Invoices. Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER'S invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted Standard Form of Agreement Between Oevner and Engineer for Professional Services Page 2 of 12 by law, if Icss) from said thirtieth day. 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 other related charges. Paymetus will be credited first to interest and then to principal. C. Disputed Invoices. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. D. Payments Upon Termination. 1. In the even[ of any termination under paragraph 6.06, ENGINEER will be entitled to invoice OWNER and will be paid in accordance with Exhibit C for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. 2. In the event of termination by OWNER for convenience or by ENGINEER for cause, ENGINEER, in addition to invoicing for those items identified in subparagraph 4.02.D.1, shall be entitled to invoice OWNER and shall be paid a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with ENGINEER'S Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. E. Records of ENGINEER'S Costs. Records of ENGINEER'S costs pertinent to ENGINEER'S compensation under this Agreement shall be kept in accordance with generally accepted accounting practices, To the extent necessary to verify ENGINEER'S charges and upon OWNER'S timely request, copies of such records will be made available to OWNER at cost. F. Legislative Actiotu. In the event of legislative actions after the Effective Date of the Agreement by any level of government that impose taxes, .fees, or costs on ENGINEER's services or other costs in connection with this Project or compensation therefor, such new taxes, fees, or costs shall be invoiced to and paid by OWNER as a Reimbursable Expense to which a Factor of 1.0 shall be applied. Should such razes, fees, or costs be imposed, they shalt be in addition to ENGINEER'S estimated total compensation. ARTICLE 5 -OPINIONS OF COS`p 5.01 Opinions of Probable Construction Cost A. ENGINEER'S opinions of probable Construction Cost provided for herein are to be made on the basis of ENGiNEER's experience and quatifcations and represent ENGINEER'S best judgment as an expcrica~ced and qualified professional generally familiar with the industry. However, since ENGINEER has no control oFrct the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of detet~rn~aung prices., or over competitive bidding or market ca«ditions, 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 shalt employ an independent cost estimator as provided in Exhibit B. 5.02. Designing to Construction Cost Limit A. If a Construction Cost limit is eseablished between OWNER and ENGINEER, such Constr~rction Cost limit and a statement of ENGINEER's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Coates A. ENGINEER assumes no FespJtasibility for the accuracy of opinions of Total Project Costs. ARTICLE 6 -GENERAL CONSIDERATIONS 6.01 Standazds of Performance A. The standard of care for all presi`~.~sional engineering and related services performed or fur..~a_chc-d by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER'S profession practicing under similar circumstances at the sarrv ti.rne and in the same locality. ENGINEER makes no v~arranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER'S services. B. ENGINEER shall be responsible for the technical accuracy of its services and document~c resulting therefrom, and OWNER shalt not be responsible for discovering deficiencies therein. ENGINEER shall correct such deficiencies without additional compensation except to the Standard Form of Agreement Between Owner and Ettgineer for Professional Services Page 3 of 12 extent such action is directly attributable to deficiencies in OWNER-furnished information. C. ENGINEER shall perform or furnish professional engineering and related services in alt phases of the Project to which this Agreement applies. ENGINEER shall serve as OWNER's prime professional for the Project. ENGINEER may employ such ENGINEER'S Consultants as ENGINEER deems necessary to assist in the performance or furnishing of the services. ENGINEER shall not be required to employ any ENGINEER'S Consultant unacceptable to ENGINEER. D. ENGINEER and OWNER shall comply with applicable Laws or Regulations .and OWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to O~VNER's responsibilities or to ENGINEER'S scope of services, times of performance, or compensation. E. OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by OWNER to ENGINEER pittsuant to [his Agreement. ENGINEER may use such requirements, reports, data, and information in performing or fiunishing services under this Agreement. F. OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to delay the services of ENGINEER. G. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any variations from the language indicated in Exhibit E, °Notice of Acceptability of Work," or of any other notice or certification that ENGINEER will be requested to provide to OWNER or third parties in connection with 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 notices or certifications requested. H. ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER'S having to certify, guarantee or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. OWNER agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any, way contingent upon the ENGINEER'S signing any such certification. I. During the Construction Phase, ENGf.?~ :°; shalt nor supervise, direct, or have control over Cots. _~ c, ; r `s work, nor shall ENGINEER have authority over or ;- r;;;nsibilary for the means, methods, techniques, Sc`~? "ECCS, or procedures of construction selected by Con€F~~.::c _ ~:~r safety precautions and programs incident to the CorE€r~,: ;r's work in progress, nor for any failure of Contractor to coe>?ply with Laws and Regulations applicable to Contractor`:: furnishing and performing the Work. J. ENGINEER neither guarantees the pN r ``' -nuance of any Contractor nor assumes responsib;';. ~ %r any Contractor's failure to furnish and perform (`-;c ~'Vork in accordance with the Contract Documents. K. ENGINEER shall not be responsible f'or dte acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor's agents or employees <,; < ~~~ other persons (except ENGINEER's own employees;[ - : Site or otherwise furnishing or performing any of fi; ~~: ~:. ~ , ~'s_ actor's work; or for any decision made on ~ntc F-;,; ons or clarifications of the Contract Documents give:.:, ,: _. _ ~~NER without consultation and advice of ENGINI?f iZ. L. The General Conditions for any coast, urt°c~E.~;c~ntract documents prepared hereunder are to be the `Standard General Conditions of the Construction Contact"' <;<; ~r'epared by the Engineers Joint Contract Docur~r~rir ;~ttee (Document No. 1910-8, 1996 Edition) uttlcs f~arties mutually agree to use other General Conditirtae :. Fficall;y referenced in Exhibit J. 6.02 Authorized Project Representative=,s A. Contemporaneous with the execution of this Agreement, ENGINEER and OWNER sft_41` c~u~ignate specifc individuals to act as ENGINEER'4 :~ `:' '':_,eER's representatives with respect to the services E~:.• `~~t-rned or furnished by ENGINEER and responsibilk~i<<°~: ;rNER under this Agreement. Such individuals shall i,F: ~ :F~ority to transmit instructions, receive informatiol;,. tender decisions relative to the Project on behalf of each respective Pant' 6.03 Design without Construction Phase _~<-, _~ A. Should OWNER provide Construction 1:;: ; ; ;:,vices with either OWNER'S representatives or z, ,';:` ', ~mty, ENGINEER'S Basic Services under this Agreerzze~xt will be considered to be completed upon completion c'` ;',;° Final Design Phase or Bidding or Negotiating Phase a.~ :. ,r '?_ited in Exhibit A. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 4 of 12 B. It is understood and agreed that if ENGINEER'S Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other Construction Phase services, and that such services will be provided by OWNER, then OWNER assumes ail responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the ENGINEER that may be in any way connected thereto. 6.04 Use of Documents A. All Documents are instruments of service in respect to this Project, and ENGINEER shall retain an ownership and property interest therein (including the right of reuse at the discretion of the ENGINEER) whether or not the Project is completed. B. Copies of OWNER-furnished data that may be relied upon by ENGINEER are limited to the printed copies (also known as hard copies) that are delivered to the ENGINEER pursuant to Exhibit B. Files in electronic media format of tent, data, graphics, or of other types that are furnished by OWNER to ENGINEER are only for convenience of ENGINEER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. C. Copies of Documents that may be relied upon by -~ OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of tent, data, graphics, or of other types that are famished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. D. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, afrer which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. E. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, n operating rystems, or computer hardware differing from those used by ENGINEER at the beginning of this Project. F. OWNER may make and retain copies of Documents for information and reference in connection with use on the Project by OWNER. 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 or modification without written verification or adaptation by ENGINEER, as appropriate for the specific purpose intended, will be at OWNER's sole risk and without liability or legal exposure to ENGINEER or to EPIGINEER's Consultants. OWNER shall indemnify and hold harmless ENGINEER and ENGINEER'S Consultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting therefrom. G. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. H. Any verification or adaptation of the Documents for extensions of the Project or for any other project will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 6.05 Insur~ttce A. ENGINEER shall procure and maintain insurance as set forth in Exhibit G, "Insurance. " B. OWNER shall procure and maintain insurance as set forth in Exhibit G, "Insurance." OWNER shall cause ENGINEER and ENGINEER'S Consultants to be listed as additional insureds on any general liability or property insurance policies carried by OWNER which are applicable to the Project. C. OWNER shall require Contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to cause ENGINEER and ENGINEER's Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. OWNER and ENGINEER shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of ENGINEER'S services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance shall contain provisions to the effect that ENGINEER'S and ENGINf:.ER's Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no Standard Form of Agreement Between Owner and Engineer for Professional Services Page 5 of 12 rights of recovery against any of Qrc insureds or additional insureds thereunder. F. At any time, OWNER may request that ENGINEER, at OWNER's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that arc more protective than those specified in Exhibit G. If so requested by OWNER, with the conaurencc of ENGWEER, 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,-and Exhibit G will be supplemented to incorporate these requirements. 6.06 Termination A. The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either parry upon 30 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_ b. By ENGINEER: I) upon seven days written notice if ENGINEER believes that ENGINEER is being J requested by OWNER to furnish or perform services contrary to ENGINEER'S responsibilities as a licensed professional; or 2) upon seven days written notice if the ENGINEER'S services for the Project are delayed or suspended for more than 90 days for reasons beyond ENGINEER's control. 3) ENGINEER shall have no liabtTity. to OWNER on account of such termination. c. 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 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure catmot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the curt period provided for lrcrcin dial( extend up to, but in no cast more than, 60 days after the date of rcccipt of tltc notice. 2. For convenience, a. By OWNER cffcctivc upon the rcccipt of notice by ENGINEER. B. The terminating party under paragraphs 6.06.A. l or 6.06.A.2 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow ENGINEER to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 6.07 Controlling Law A_ This Agreement is to be governed by the law of the state in which the Project is located. 6.08 Saccessots, Assigns, and Beneficiaries A. 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 6.08.B 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. B. Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or 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. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shalt be construed to create, impose, or give rise to any duty owed by OWNER or ENGINEER to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. Standard Form of Agreement Bawecn Owner and Engineer for Professional Services Page 6 of 12 2. All duties and responsibilities undertaken pursuant O 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 6.08.C shall appear in the Contract Documents. lJ 6.09 Dispute Resolution A. OWNER and ENGINEER agree to negotiate al( disputes between them in good faith for a period of 30 days from the date of notice prior to exercising their rights under Exhibit H or other provisions of this Agreement, or under law. [n the absence of such an agreement, the parties may exercise their rights under taw. B_ If and to the extent that OWNER and ENGINEER have agreed on a method and procedure for resolving disputes between them arising out of or relating to this Agreement, such dispute resolution method and procedure is set forth in Exhibit H, "Dispute Resolution." 6.10 Hazardous Environmental Condition A. OWNER represents to Engineer that to the best of its knowledge a Hazardous Environmental Condition does not exist. B. OWNER has disclosed to the best of its knowledge to ENGINEER the existence of all Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site, including type, quantity and location. C. If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. D. [t is acknowledged by both parties that ENGINEER'S scope of services does not include air services related to a Hazardous Environmental Condition. In the event ENGINEER or any other party encounters. a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warranu that the Site is in full compliance with applicable Laws and Regulations_ E. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with ENG[NEER's activities under this Agreement. F. If ENGINEER'S services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify ENGINEER'S terminating this Agreement for cause on 30 days notice. 6.11 Allocation of Risks A. Indemnification I. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER'S officers, directors, partners, and employees from and against any and all 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, and ENGINEER'S Consultants in the performance and furnishing of ENGINEER'S services under this Agreement. 2. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER'S officers, directors, partners, employees, and ENGINEER'S Consultants from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and ail 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, and OWNER'S consultants with respect to this Agreement or the Project. 3. To the fullest extent permitted by law, ENGINEER'S total IiabiIity to OWNER and anyone claiming by, through, or under OWNER for any cost, loss, or damages caused in part by the negligence of ENGII~BER and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence- bears to the total negligence of OWNER, ENGINEER, and all other negligent entities and individuals. 4. In addition to 'the indemnity provided under paragraph 6.11.A.2 of this Agreement, and to the fullest Standard Form of Agreement Between Owner and Engineer for Professional Services Page 7 of 12 extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and its officers, directors, partners, employees, and ENG[NEER's Consultants from and against ~ all 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 resulting from a Hazardous Environmental Condition, provided that (i) any such- cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destnttion of tangible propetry (other than completed Work), inclttnictg the loss of use resulting therefrom, and (ii) nothing iu this paragraph 6.11.A.4. shall obligate OWNER to indemnify any individual or entity from and against the consequences of drat individual's cr entity's own negligence or willful misconduct. 5. The indemnification provision of paragraph 6.11.A.1 is subject to and limited by the previsions agreed to by OWNER and ENGINEER in Eshbit I, "Allocation of Risks," if any. 6.12 I\'otices A. Any notice required under this Agreement wiII be in writing, addressed to the appropriate parry at its addt+ess on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 6.13 Survival A. All express representations, indemnification, or limitations of liability included in this Agreement will survive its completion or termination for any reason. 6.14 Severability A. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulation shall be deemed stricken, and all remaining provision 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 avalid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.15 Waiver 6.IG Hcadiugs A. The Itcadings used in this Agreement are for general reference only and do not have special significance. ARTICLE 7 - DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including tire: Exhibits hereto) and printed with initial or all capital letters, the terms listed-below have the meanings indicated, which are applicable to both the singular and plural thereof: I. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Additional Services--The services to be performed for or famished to OWNER by ENGINEER u;. accordance with Exhibit A, Part 2 of this Agreement. 3. Agreement--This "Standard Form of Agreement between OWNER and ENGINEER for Professional Services," including those Exhibits listed in Article 8 hereof. 4. Applicarion for Payment--The form acceptable to ENGINEER which is to be used by Contractor ice. requesting progress or final payments for the completion of its Work and which is to be accompanied by suc`,'3. supporting documentation as is required by the Contract Documents. 5. Asbestos--Any material that contains more diail one percent asbestos and is friable or is releasing asbestos fibers info the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Basic Services--The services to be performed for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part I, of this Agreement. 7. Bid--The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. A. Non-enforcement of any provision by either parry 8. Bidding Documents--The advertisement or shall not constitute a waiver of that provision; nor shall ii invitation to Bid, instructions to bidders, the Bid fotm and affect the enforceability of that provision or of the remainder attachments, the Bid bond, if any, the proposed Contract of this Agreement. Documents, and all Addenda, if any. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 8 of 12 9. Change Order--A document recommended by ENGINEER, which is signed by Contractor and OWNER to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Construction Agreement. 10. Conutruction Agreement--The written instrument which is evidence of the agreement, contained in the Contrac[ Documents, between OWNER and Contractor covering the \Vork. 1 I . Construction Contract--The entire and integrated written agreement between the OWNER and Contractor concerning the Work. 12. Conutruction Cost--The cost to OWNER of those portions of the entire Project designed or specified by ENGINEER. Construction Cost does not include costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of--way, or compensation for damages to properties, or OWNER's costs for 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 Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project'Costs. 13. Contract Documents--Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between OWNER and Contractor, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendmenu, Change Orders, Work Change Directives, Field Orders, and ENGINEER'S written interpretations and clarifications issued on or afrer the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical. conditions are not Contract Documents. 14. Contract Price--The moneys payable by OWNER to Contractor for completion of the Work in accot~darrce with the Contract Documents and as stated in the Construction Agreement. 15. Contract Times--The numbers of days or the dates stated in the Construction Agreement to: (i) achieve Substantial Completion, and (ii) complete die Work so that it is ready for final payment as evidenced by ENGiNEER's written recommendation of final payment. 16. Contractor--An individual or entity with whom OWNER enters into a Construction Agreement. 17. Correction ,Period--The time after Substantial Completion during which Contractor must correct, at no cost to OWNER, any Defective Work, normally one year after. the date of,Substantiai Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 18. Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment. 19. Documents--Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by ENGINEER to OWNER pursuant to this Agreement. 20. Drawings-That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are ,not Drawings as so defined. 21. Effective Date of the Construction Agreement-- The date indicated in the Construction Agreement on which it becomes .effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. 22. Effective Date of the Agreement--The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 23. ENGINEER'S Consultants--Individuals or entities having a contract with ENGINEER to furnish'services Standard Form of Agreement Between Owner and Engineer for Professional Services Page 9 of 12 with respect [o this Project as ENG[NEER's independent professional associates, consultants, subcontractors, or vendors. The term ENGINEER includes ENGINEER'S Consultants. 24. Field Order--A written order issued by ENGINEER which direcu minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 25. General Conditions-That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Project_ 26. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 27. Hazardous Waste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from ti_*ne to time. 28. Laws and Regulations; Latvs orRegulations--Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 29. PCB's--Polychlorinated biphenyls. 30. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, aad oil mixed with other non-Hazardous Waste and crude oils. 31. Radioactive Materials-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 194 (42 USC Section 2011 et seq.) as amended from time to time. 32. Record Drawings-The Drawings as issued for construction on which the ENGINEER, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information which ENGINEER considers significant based on record documents futmshed by Contractor• to ENGINEER and which were annotated by Contractor to show changes made during construction. 33. Reimbursable Expenses--Thc cxpenses incurred directly by ENGINEER in connection with the performing or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Exhibit C. 34. Resideru Project Representative--The authorized representative of ENGINEER, if any, assigned to assist ENGINEER at the Site during the Construction Phase. 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. The duties and responsibilities of the Resident Project Representative are as set forth in Exhibit D. 35. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 36. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to ENGINEER to illustrate some portion of the Work. 37. Site--Lands or areas indicated in the Contract Documents. as being fuunished by OWNER upon which the Work is to be performed, rights-of--way and easements for access thereto, and such other lands furnished by OWNER which aze designated for use of Contractor. 38. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standazds, and workmanship as applied to the Work and certain administrative details applicable thereto. 39. Substantial Completion-The time at which the Work {or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 10 of 12 l J ~, 40. Supplemcruar~• Conditiotu--That part of the Contract Documents wtticlt amends or supplements the General Conditions. 4 I . Total Project Costs--The sum of the Cottstruaion Cost, allo~vanccs for contingencies, the total eosu of services of ENGINEER or other design profissioaals and consulcanu, cost oC land, righu~f-way, ~ compauation for damages to properties, or OWNER'S costs far legal, accounting, insur~ttce counseling or auditing services, or interest and financing charges incurred ineotux:ction with the Project, or the cost of odter services to be provided by others to OWNER pursuant to Exhibit B of this Agreemcn[. 42. 1•t~ork--The entire completed construction or the various separately identifiable parts thereof retRtirod to be provided under the Contract Documenu with respect to this Project. Work includes and is thte rcutlt of performing or furnishing labor, services, and documentation necessary to produce such consntteuon and furnishing, installing, and incorporating ahl materials and all equipment into such construction, all as required by the Contract Documenu_ 43. Work Clraitge Directive-A written dtrearve to Contractor issued on or afrer the Effete Date of the Construction Agreement and signed by OWNER upon recommendation of the ENGINEER, ordering an addition, deletion, or revision in the Work, ~ responding to differing or unforeseen subsurface a physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive wtTl not change the Contract Price or the Contract Times but is evidence that the parties expec[ that the change dtrecxed or documented by a Work Change Directivr will be incorporated in a subsequently issued Change Order following negotiations by the parties as itt ifs effect, if any, on the Contract Price or Contract Tmtcs. 44. Written Amendment-A written amendment of the Contract Documenu signed by OWNER and Contractor on or after the Effective Date of the Constrnciion Agreement and normally dealing with the mn-rnginoering or ^on-technical rather than strictly construction-related aspecu of the Contract Documenu. ARTICLE 8 - EXIiIIIITS ,~kl~k'? ;"~~CIAL IsI.~.~`.:~=,~kS'.1pp~S 8.01 Exttil~its Included A. Exhibit A, "ENG[NEll2`s Services," consisting of pages. B. Exhibit B, "OWNER'S ke_sl~onsibilitics,"consisting of pages. C. Exhibit C, "Payments t<; Eet~;inecr for Scr~~ices and Reimbursable Expenses," CorLSdSCEF:ag of l~a~es_ D. Exhibit D, "Duties, Rrs1l:~trsif3ilities and l~.iznitatians of Authority of Resident Project Representative," consisting of pages. E. Exhibit E, "Notice of Acc~,ptability tt `Fstark," consisting of pages. F. Exhibit F, "Construction ~;'ost Limit," crsixseu:ting of pages. G. Exhibit G, "Insurance," c~ot?sx_sting of pages. H. Exhibit H, "Dispuee Rt:solution," cor[~;s.si.ing of pages. I. Exhibit I, "Allocation of ~z.~tr,:s,•` consisting c.~.}> pages. J. Exhibit J, "Special Pro~~sic°.as," consistitg ob Pages 8.02 Total Agreement A. .This Agreement (consisting of pages 1. to inclusive, together with the: ! : ~ ~~ identtfi .x .1bocPe~ constitutes the entire agreen-~;°ttF veen O't~d:t~:r•"sib. tnd ENGINEER and supersedes alk. ,i:or written or oxa1. understandings. This Agreement may only be amended, supplemented, modified, or c.h.~~~e~,;c by a dul~> o;=,otttted written instrument. Standard Form of Agreement Between Owner and Engineer for Professional Services Page I1 of 12 IN WITNESS WHEREOF, the parties hereto have execu[ed this Agreement, tt[e Effective Datc o?` ~z,fFic.l1 i indicated on page 1. OWNER: By: Martin Kirsch Title: Mayor Date Signed: Address for giving notices: City of Richfield Park & Recreation Department 7000 Nicollet Avenue Richfield MN 55423 Designated Representative (pazagraph 6.02.A): Jim Topitzhofer Recreation Services Director ~tle:Recreation Servicp~ Dir ctor -hone Number: (612) f361-9384 Facsimile Number:(612) 861-q~R E-Mail Address: JTopitzhofer@ci.richfield.mn.us ENGINEER: ay: David Glodowsk~9 PE Titic:_Se~y/Tr~~.surer Date Sinned: Address for giving notices: Gremmer & Associates :tG°,,___ 9202 202nd ~~~.~,t,i~ ~Q~ ~ .~_ ~~~ ~~t~~~„~02 Lakeville MN .5044 ~.._._______._ Designated Representative (Is«~graph 6.C;2.~z~~: ~odY Dahms Prc,,-~e~t Ma~~~:_ ;~~~ __..~__._ Title:_ Project Manaaa~ Phone Number: 2 = ~ --~ZQ.._........_._.~... Facsimile Number: t --~._~~....5_-4.5~~._,_.___ -...~._.w_._ E-Mail Address: J . ddhm ar ----~.~-. ~mmeraS~.C?'':~_~.~_~'S.. com Standard Form of Agreement Between Owner and Engineer for Professional Services Page 12 of I2 IN WITNESS WHEREOF, the panics hcrcto havc czccutcd Iltis ACrccmcnt, tltc GCCcctivc Datc oC wliicl~ €; indicatcd on pagc 1. OWNER: By: Title: Da[c Signed:__ Address for giving notices: ENGINEER: By: Ti[Ic: Datc Signed: Address for giving noticcs: Designated Representative (paragraph 6.02.A): Title: ~.`-/hone Number. Facsimile Number: E-Mail Address: Designated Representative (paragraph 6.02A):• Phone Number: Facsimile Number: E-Mail Address: Standard Form of Agreement Between Owner and Engineer for Professional Services Page 12 of 12 This is EXHIBIT A, consisting ,~ 10 pages; referred to in and part of the Agreement betrt~~en OWN" ':ca_nd ENCyfNEER for Professior~ J Services d.~~ed February 1, 2002. Initial: OWNER ENGINEER ENGINEER'S Services The Standard Form of Agreement between Owner and Engineer for Professifjaal Servi•~:.~s is amended and supplemented to include the following agreement of the parties. ENGINEER s;:a.`•.1 provide Basic and ~~dditional Services as set forth below. PART I -- BASIC SERVICES A 1.01 Study and Report Phase A. Complete A 1.02 Preliminary Design Phase A. After acceptance by OWNER of the Report, selection by OWNED of a recommended solution and indication of any specific modifications or changes in the scope, extent, ~°haracter, or design requirements of the Project desired by OWNER, and upon wFi€;~cn authori,r~*ion from OWNER, ENGINEER shall: 1. On the basis of the above acceptance, selection, and autl'zorizatio~; prepare Preliminary Design Phase documents consisting of fmal design criteria, prelimi..::.+°y drawings, outline specifications and written descriptions of the Project. 2. Advise OWNER if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist OWNER in obtaining such reports, data, information, or services. 3. Based on the information contained in the Preliminary Design Pha~:.::aocumer~t~; submit a revised opinion of probable Consti•uctian Cost and any aclj~?stment<z : Total PrE~ct Costs known to ENGINEER. 4. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: None 5. Furnish the Preliminary Design Phase documents and revieis~ them wi~:'a OWNER. 6. Submit to OWNER five (5) final copies of the Preliminary Design Phase documents and revised opinion of probable Construction Cost within thirty (30) days after authorization to proceed with this phase. -~ Page l of 10 Pages (Exhibit A - ENGINEER's Services) B. ENGINEER'S services under the Preliminary Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase documents have been delivered to OWNER. A 1.03 Final Design Phase A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER-directed modifications or changes in the scope, extent, chazacter, or design requirements of or for the Project, and upon written authorization from OWNER, ENGINEER shall: On the basis of the above acceptance, direction, and authorization, prepare fmal Drawings indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications will be prepared, where appropriate, in general conformance with the 16-division format of the Construction Specifications Institute. 2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the fmal design of the Project and assist OWNER in consultations with appropriate authorities. 3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER. 4. Perform or provide the following additional Final Design Phase tasks or deliverables: None 5. Prepaze and furnish Bidding Documents for review and approval by OWNER, its legal counsel, and other advisors, as appropriate, and assist OWNER in the preparation of other related documents. 6. Submit five (5) fmal copies of the Bidding Documents and a revised opinion of probable Construction Cost to OWNER within sixty (60) days after authorization to proceed with this phase. B. The number of prime contracts for Work designed or specified by .ENGINEER upon which the ENGINEER'S compensation has been established under this Agreement is two (2). C. ENGINEER'S services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph A1,03.A.6 have been delivered to OWNER. A 1.04 Bidding or Negotiating Phase A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by OWNER to proceed, ENGINEER shall: Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Page 2 of 10 Pages (E.xhibit A - ENGINEER'S Services) n Documents have been issued, attend pre-Bid conferences, if any, a«d ; e c.c;ive and process ~. / Contractor deposits or charges for the Bidding Documents. 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding L'tucuments. 3. Consult with OWNER as to the acceptability of subcontractors, sc~r~•=liers, and other individuals and entities proposed by Contractor for those portions of th4: ':~~'erk as to which such acceptability is required by the Bidding Documents. 4. Perform or provide the following additional Bidding or Negoti~~f ~:; phase tasks or deliverables: None. 5. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWIE`i`'.'~. in evaluation of Bids or proposals and in assembling and awarding contracts for tt~~:, '~%~. `~. B. The Bidding or Negotiating Phase will be considered complete izpc;;;r:a c r;;-nent of the Construction Phase or upon cessation of negotiations with prospective C~:~~iti~a~~:i:o~°=.~ ~'-: scept as may be required if Exhibit F is a part of this Agreement). A I.OS Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, an;:l <pnP, <<.~ i ;authorization from OWNER, ENGINEER shall: General Administration of Construction Contract. Consult ~-~it~, ": ~'R and act, as OWNER's representative as provided in the General Condition... '"`i?; r and limitations of the duties, responsibilities and authority of ENC~1?tTEER ~<5 asi~;, ~:: said General Conditions shall not be modified, except as ENGINEER may c:ft''If..~v' >;~3ree in writing. All of OWNER's instructions to Contractor will be issued throagh i/NGI~~EER, who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said General Conditions excfX~ _: ~s ~?s'.-,:;...,=ase provided th writing. 2. Selecting- Independent Testing Laboratory. Assist. OWNE::_ p {`.c Wiction of an independent testing laboratory. 3. Pre-Construction Conference. Participate in aPre-Construction Conference prior to commencement of Work at the Site. 4. Visits to Site and Observation of Construction. In conne~~ic;r. ~„~~ observations of CONTRACTOR'S work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of one. ~J,,.:,:'.:., Such visits and observations by ENGINEER are not intended to be ,;=s;ausj:i+-°=~- :;r io extend to every aspect of CONTRACTOR'S work in progress :.,~ .. '-;valve detailed inspections of CONTRACTOR'S work in progress t>-~y~~~c~ ~;~: responsibilities Page 3 of 10 Pages (Exhibit A - ENGINEER'S Services) 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 observations of the Work based on ENGINEER'S exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, ENGINEER will determine in general if CONTRACTOR's work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. b. 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 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. Contract Documents has been implemented and preserved by Contractor. 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 CONTRACTOR'S work, or for any failure of Contractor to comply with Laws and Regulations 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. 5. Defective Work. Recommend to OWNER that CONTRACTOR'S work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produces 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. 6. Clarifications and Interpretations; Field Orders. Issue necessary clarificati;~ns and interpretations of the Contract Documents as appropriate to the orderly compac:~ion of CONTRACTOR'S work. Such clarifications and interpretations will be consisterxr ;vith the intent of and reasonably inferable from the Contract Documents. ENGINEER nay issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 7. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 8. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract i~ocuments and compatibility with the design concept of the completed Project as a functionz~fg 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 constnuction or to Page 4 of 10 Pages (E,Yhibit A - ENGINEER's Services) safety precautions and programs incident thereto. ENGINEER has an obligation to meet any CONT'RACTOR'S submittal scheduled that has earlier been acceptable to ENGINEER. 9. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 10. Inspections and Tests. Require such special inspections or tests of CONTRACTOR'S work as deemed reasonably necessary, and receive and review all certificates of inspections, test and approvals required by Laws and Regulations or the Contract Documents. ENGINEER'S review of such certificates will_be for the purpose of detetmining 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. 11. Disagreements between OWNER and Contractor. Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of CONTRACTOR's work or the interpretafion of the requirements of the Contract Documents pertaining to the execution and progress of CONTRACTOR'S 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. 12. Applications for Payment. Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER'S knowledge, information and belief, CONTRACTOR'S work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to CONTRACTOR'S being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe CONTRACTOR's work. In the case of unit price work, ENGINEER'S recommendations of payment will include fmal determinations of quantities and classifications of CONTRACTOR'S work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of CONTRACTOR'S work as it is performed and furnished have been exhaustive, extended to every aspect of CONTRACTOR'S work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. Neither ENGINEER'S review of CONTRACTOR'S work for the purposes of recommending payments nor ENGINEER'S recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, Page 5 of ] 0 Pages (Exhibit A -ENGINEER'S Services) direct, or control CONTRACTOR's work in progress or for the means, methovs, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or CONTRACTOR'S compliance with Law and Regulations applicable to CONTRACTOR'S furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the ~a~oe:~: in progress, materials,.or equipment has passed to OWNER free and clear of any liens, claims, security interest, or encumbrances, or that there may not be. other matters at issue between OWNER and Contractor that might affect the amount that: should be paid. 13. CONTRACTOR's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or .other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as pra~aided under paragraph A 1.OS.A.B, and the annotated record documents which are to l~~d assembled by Contractor in accordance with the Contract Documents to obtaia.~ fmal payment. The extent- of such ENGINEER'S review will be limited as provided in paragraph A 1.OS.A.8. c. ENGINEER shall transmit these documents to OWNER. 14. Substantial Completion. Promptly after notice from Contractor that Contract considers} the entire Work ready for its intended use, in company with OWNER and Contractor, condarct: an inspection to determine if the Work is Substantially Complete. If after considering ar~y objections of OWNER, ENGINEER considers the Work Substantially Co~nl~aete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables: None. 16. Final Notice of Acceptability of the Work Conduct a fmal inspection to determine; i f the completed Work of Contractor is acceptable so that ENGINEER may recorntnend, ix"i writing, fmal payment to Contractor. Accompanying the recommendation for final. payment, ENGINEER shall also provide a notice in the form attached hereto as l~xhibit E (the "Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of paragraph AI.OS.A.12.b) to the best of ENGINEER'S knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written Page 6 of 10 Pages (Exhibit A - ENGINEER'S Services) recommendation by ENGINEER for fmal payment to Contractors. If the Project involves more than one prime contract as indicated in paragraph A 1.03.B, Construction Phase services may be rendered at different times in respect to the separate contracts. C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. ENGINEER shall not be responsible for fr.ilure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Page 7 of 10 Pages (Exhibit A - ENGINEER'S Services) A 1.06 Post-Construction Phase A. Upon written authorization from OWNER, ENGMEER, during the Past-Construction l~a:~r:.~:, sstalC: Together with OWNER, visit the Project to observe any apparent defects in the Wark, assist OWNER in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as tc} t°cl:ilt.E E;-nent or correction of Defective Work, if present. 2. Perform or provide the following additional Post-Construction Phase tasks or~ deli~:~:.r~bles: None. In company with OWNER or OWNER's representative, provide an inspection of d ~~: Project within one month before the end of the Correction Period to ascertain whether :~t E ~~ ; portion of the Work is subject to correction. B. The Post-Construction Phase services may commence during the Constructiar. ~=ease < '; .f not otherwise modified in this Exhibit A, will terminate at the end of th.e Correction I-`:_:~ iE:~. PART 2 -- ADDITIONAL SERVICES A2.01 Additional Services Requiring OWNER's Authorization in Advance A.~ If authorized in writing by OWNER, ENGII`TEER shall famish from others A~ a~ ~~~• ~=s of /1 the types listed below. These services will be paid for by OWNED. as indicate~~ s r~, ,. tf this Agreement. Preparation of applications and supporting documents (iro ~~ddition to tI"sos~ ~ is :-`y:~i under Basic Services) for private or governmental grants, loans <rr advances h~ cct~:t:}ccis~:: 'vditl~ the Project; preparation or review of environmental assessn,~-:fx,ts and impa~ r stk cr;`ae ;~~;view and evaluation of the effects on the design requirements for the Project r~' ~:~ ~- such statements and documents prepared by others; and a 4i~tance in obir_+:~3i ~ ~ ~'s of authorities having jurisdiction overthe anticipated eiw:?ztx,inental impac : ~~~ :roe I ` °<.r:. 2. Services to make measured drawings of or to invests,at;°. existing condi, ~ ?~r:'fist or to verify the accuracy of drawings or other information furnished by O'. '~ ;:_ ~~... 3. Services resulting from significant changes in the scope, extent, or character of the: ~ onions of the Project designed or specified by ENGINEER o~° its design regr '- ~z~. I~cling, but not limited to, changes in size, complexity, C~~~~NER's sch~_ ; fe is caez~ of construction, or method of financing; and revising pree~iously accep` :ci ~ r ~i-~orts, Drawings, Specifications, or Contract Documents when such revisi~, :s z.:; ; rrf,s,?ired by changes in Laws and Regulations enacted subsequent to the Eff;:;:Yiij:. ~Errr; f this Agreement or are due to any other causes beyond ENGINEER'S control. 4. Services resulting from OWNER'S request to evaluate additional Stud;;~ a;-±cl 1'ep^:~! Phase alternative solutions beyond those identified in Exhibit J. Page 8 of 10 Pages (E,~chibit A - ENGINEER'S Services) ~. Services required as a result of OWNER's providing incomplete or incorrect Project. information with respect to Exhibit B. Providing renderings or models for OWNER's use. 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 financing 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. 8. Furnishing services of ENGINEER'S Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in paragraph A 1.03.B. 10. Services during out-of--town travel required of ENGINEER other than for visits to the Site or OWNER'S office. 1 1. 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 engineering, and constructibility review requested by OWNER; and performing or furnishing services required to revise studies, reports, t3ra~vings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by OWNER for the Work or a portion thereof. 13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of the contracts is allowed by the Bidding Documents. 14. Assistance in connection with Bid protests, rebidding, or renegotiating contr~r..ts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 15. Providing construction surveys and staking to enable Contractor xo perform 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. 16. Providing Construction Phase services beyond the Contract Times set forth in Exhibit C. 17. Providing assistance in resolving any Hazardous Environmental Condition in corr~pliance with current Laws and Regulations. 18. Preparing and furnishing to OWNER Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. 19. Preparation of operation and maintenance manuals. Page 9 of 10 Pages (Exhibit A - ENGINEER'S Services) O 20. Preparing to serve or serving as a consultant or witness for OWNER in any litigation. arbitration or other dispute resolution process related to the Project. 21. Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER under paragraph 6.01.G of the Agreement. 22. Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement. 23. Additional visits not specified in Part 1. Additional visits shall only be made if requested by the OWNER in writing and shall be billed according to Exhibit C. . A2.02 Required Additional Services A. ENGINEER shall perform or furnish, without requesting or receiving specific advance authorization from OWNER, the Additional Services of the types listed below. ENGINEER shall advise OWNER in writing promptly after starting any such Additional Services. I. Services in connection dvith Work Change Directives and Change Orders to reflect changes requested by OWNER so as to make the compensation commensurate with the extent of the Additional Services rendered. 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 Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) a significant amounts of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by OWNER prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. Page 10 of 10 Pages (Exhibit A - ENGINEER's Services) This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated February I, 2002. Initial: OWNER ENGINEER OWNER's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of OWNER as set forth in the Agreement, OWNER shall: A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project, including design objectives and conshaints, 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; and famish copies of OWNER's standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable. B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following ENGINEER'S assessment of initially-available Project information and data and upon ENGINEER'S request, famish or otherwise make available such additional Project related ~`` information and data as is reasonably required to enable ENGINEER to complete its Basic and l~ J Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of--way, site topographic map and other special surveys or data, including establishing relevant reference points. 4. Explorations and test 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, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of a Hazardous Environmental Condition or of any other development that affects the scope or time of performance of ENGINEER's services, or any defect or nonconformance in ENGINEER`s services or in the work of any Contractor Page 1 of 3 Pages (Exhibit B - OWNER'S Responsibilities) `L ' E. Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under the Agreement. G. Ermine 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 advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide review, approvals, and permits from a}I governmental authorities having jurisdiction to approve all phases of the Project design or specified by ENGINEER and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Provide, as required for the Project: I. Accounting, bond and financial advisory, independent cost estimating, and insurance services. 2. Legal services with regard to issues pertaining to the Project as OWNER requires, Contractor raises, or ENGINEER reasonably requests. 3. Such auditing services as OWNER requires to ascertain how or for what purpose Contractor has used the moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. J. 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, cost estimating, project peer review, value. engineering, and constructability review. K. Furnish to ENGINEER data as to OWNER's anticipated costs for services to be provided by others for OWNER so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER'S opinion of Total Project Costs. L. If OWNER designates a construction manager or an individual or entity other than, or in addition to, ENGINEER to represent OWNER at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of ENGINEER. M. If more than one prime contractor is to be awarded for the 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 individual or entity and the relation thereof to the duties, responsibilities, and authority of ENGINEER as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. N. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. Page 2 of 3 Pages (Exhibit B - OWNER'S Responsibilities) O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of OWNER, prior to their incorporation into the Work with appropriate professional interpretation thereof. Provide inspection or monitoring services by an individual or entity other than ENGINEER (and disclose the identity of such individual or entity to ENGINEER) as OWNER determines necessary to identify: That Contractor is complying with -any Laws and Regulations applicable to CONTRACTOR'S performing and furnishing the Work. 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. Q. Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to paragraphs B2.01.O and P. Page 3 of 3 Pages (Exhibit B - OWNER'S Responsibilities} This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated February 1, 2002. OWNER_ ENGINEER Initial: Payments to ENGINEER for Services and Reimbursable Expenses Article 4 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 4 -- PAYMENTS TO THE ENGINEER- C4.01 For Basic Services Having a Determined Scope -Percentage of Construction Cost Method of Payment A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A, except for services of ENGINEER'S Resident Project Representative and Post-Construction Phase services, if any, as follows: General. a. An amount equal to 8 percent of the Construction Cost. This amount includes compensation for ENGINEER'S Services and services of ENGINEER's Consultants, if any. The. percentage of Construction Cost noted herein accounts for tabor, overhead, profit, and Reimbursable Expenses. 2. Basis of Payment. a. As a basis for payment to ENGINEER, Construction Cost will be based on one or more of the following determinations with precedence in the order listed for Work designed or specified by ENGINEER: a. For Work designed or specified and incorporated in the completed Project, the actual final cost of the work performed by Contractor and paid by OWNER. b. For Work designed or specified but not constructed, the lowest bona fide Bid received from a qualified bidder for such Work; or, if the Work is not Bid, the lowest bona fide negotiated proposal for such Work. c. For Work designed or specified but not constructed upon which not such Bid or proposal is received, ENGINEER'S most recent opinion of probably Construction Cost. d. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices. '~/ Page 1 of 3 Pages (Exhibit C -Payments to Engineer for Services and Reimbursable Expenses) e. No deduction is to be made from ENGINEER'S compensation on account of any penalty, liquidated damages, or other amounts withheld form payments to Contractor(s). Progress paymenu. a. The portion of the amounts billed for ENGINEER'S services, which is on account of the Percentage of Construction Cost will be based upon ENGINEER'S estimate of the proportion of the total services actually completed during the billing period to the Percentage of Construction Cost. b. Upon conclusion of each phase of Basic Services, OWNER shall pay such additional amount, if any, as may be necessary to bring total compensation paid during such phase on account of the percentage of Construction Cost to the following estimated percentages of total compensation payable on account of the percentage of Construction Cost for all phases of Basic Services: Preliminary Design Phase 25% Final Design Phase 45% Bidding or Negotiating Phase 5% Construction Phase/Post Construction Phase 25% 100% c. ENGINEER may alter the distribution of compensation between individual phases (~ /1 of the work noted herein but shall not exceed the total percent fee unless approved ~` in writing by the OWNER. 4. ENGINEER'S estimated total compensation is conditioned on Contract Times to complete the Work not exceeding eighteen (18) months. Should the Contract Times to complet€~ the Work be extended beyond this period, the total compensation to ENGINEER shall be appropriately adjusted. If more prime contracts are awarded for Work designed or specified by ENGINEER far- the Project than identified in Exhibit A, ENGINEER shall be compensated an additional amount equal to one (1) percent of the Construction Cost for all Basic Services far cac;h prime contract added. Additional Services, if requested in writing by the OWNER will be billed according to the Standard Hourly Rates Schedule included with this Exhibit. `~/ Page 2 of 3 Pages (Exhibit C -Payments to Engineer for Services and Reimbursable Expenses) O 7. Reimbursable expenses shall be billed according to the following schedule: Mileage ........................................................................................................$0.40/mile Meals, Lodging, Telephone, Supplies, Postage ..........................................................................At Cost Printing Services ................:.............................................................................At Cost Photographs .................................................................................................. 0.50/each Expert Wimess ............................................................................................ $200/hour or $1,000/day plus expenses 8. Standard Hourly Rates Schedule Principal ...............:.................................................................................. $95.00/hour ' Project Engineer (Registered) .................................................................. $85.00/hour Senior Designer ........................................................................................ $75.00/hour Civil Engineer .......................................................................................... $55.00/hour Civil Engineering Technician 2 ............................................................... $42.00/hour =1 Office Services ..............................•.......................................................... $35.00/hour Page 3 of 3 Pages (Exhibit C -Payments to Engineer for Services and Reimbursable Expenses) This is EXHIBIT E, consisting of 2 pages. referred to in and part of the Agreement between OWNER and ENGINEEI'. z=:~a Professional Services dated February 1, 2002. Initiai: OWNER __ ENGINEER NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: OWNER's Construction Contract Identification: EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT: CONSTRUCTION CONTRACT DATE: ENGINEER: To: And To: The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work furnished and performed by CONTRACTOR under the above Contract is acceptable, expressly st?ee~.t to tl~~: provisions of the related Contract Documents and the terms and conditions set forth on the reverse side ier~co€: By: Title: Dated: '~ J Page t of 2 Pages (Exhibit E -Notice of Acceptability of Work) `~J CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree: I. Said Notice is given with the skill and care ordinarily used by members of the engirt?ering profession practicing under similar conditions at the same time and in the same locality. 2. Said Notice reflects and is an expression of the professional judgment of ENGINEER. 3. Said Notice is given to the best of ENGINEER'S knowledge, information, and belief as of thc. date hereof. 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 (incluc%i~d~~ c}. ac Ovation of the CONTRACTOR'S work) under ENGINEER'S Agreement with OWNER attd under tl-,e (;~:~k~6~t:~ ~:~~~;tiE~r~ Contract referenced on the reverse hereof, and applies only to facts that are within ENGINEI=:~~;'4 ?~f:: ,: ~:dl;e or could reasonably have been ascertained by ENGINEER as a result of carrying cut the resx~~:~sz~~i~i.<s specifically assigned to ENGINEER under ENGINEER'S Agreement with OWNER and th<: e,¢is~tr~••^tian Contract referenced on the reverse hereof. Said Notice is not a guarantee or warranty of CONTRACTOR'S performance under ~e Conn:: C~ction Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of CONTRACTOR to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 of 2 Pages (E.~chibit E -Notice of Acceptability of Work) This is EXHIBIT G, consisting of I page, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated February 1, 2002. Initial: OWNER ENGINEER Insurance Paragraph 6.0~ of the Agreement is amended and supplemented to include the following agreement of the parties. C6.05 Insurance A. The limits of liability for the insurance required by paragraph 6.OS.A and 6.OS.B of the Agreement aze as follows: 1. - By ENGINEER: a. Workers' Compensation Statutory b. General Liability 1. General Aggregate $2,000,000 2. Products $2,000,000 3. Personal and Adv. Injury $1,000,000 4. Each Occurrence $100,000 ~~ 5. Medical Expenses $5,000 c. Automobile Liability 1. Combined Single Limit $500,000 d. Excess Liability 1. Each Occurrence $2,000,000 2. Aggregate $2,000,000 e. Professional Liability 1. Per Occurrence $1,000,000 2. Aggregate $1,000;000 B. OWNER shall provide insurance for property and liability per attachment. Page 1 of 2 Pages (Exhibit G -Insurance) This is EXHIBIT J, consisting of I page, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated February 1, 2002. OWNER_ ENGINEER Initial: Special Previsions The A~eement is amended `nd supplemented to include the following agreement of the parties: A. Agreement .article -1.03, Pargraph D: Add the following subparagraph, 3_ In the event that either -1.02.D.1 or 4.02.D.2 occur, the maximum the OWNER shall have to pay the ENGI\~ER shall be as follows: a_ Before receiving bids for the project, the amount shall be based on 8% of the project estimate plus reimbursables. b_ After receiving bits for the project, the amount shall be based on 8% of the lowest bid plus reimbursables_ B. A3eement Amcle 6.0~ Insurance, Paragraph B, Delete and Replace with the following: b_ OWNER shall procure and maintain insurance as set fourth in Exhibit G, "Insurance". C. Agreement Article 6.05 Insurance: Delete 6.OS.E. ``~ D. Agree tent Article 6.06 Termination, Delete 6.06.A. I .b.3 and Replace with the following: 3. ENGINEER shall gave no liability to OWNER on account of such termination, if a court of competent jurisdiction finds that there was a reasonable basis for ENGINNERS belief or determination that criteria identified above in subdivision A. l .b.1 or A.l.b.2 exist. E. Agreement Article 6.11 Allocation of Risks,, Delete 6.11.A.3 and Replace with the following: 3. To the fullest extent permitted by law, ENGINEERS total liability to OWNER and anyone claiming bv_ , through, or under OWNER for any cost, loss, or damages. caused in part by the negligence of ENGINEER and in part by the negligence of OWNER, shall not exceed the percentage share that. the ENGINEERS negligence bears to the total negligence of OWNER and ENGIiv~ER. .attached Study and Report inclucing site layout and cost estimate. Page 1 of 1 Pages n V d O z °- o ~ ° a° ~a°M ~ o ~ ,__ N v ~ d "_~3_' 0 N L U o ~ ~ ~ i+ ~_ O F ~" T ~ ~. ~. M O ~ S O N a C Z C a Q N N r a - ~ I N i 0 <v M I N N M ~ ~ N N 00 ~ N L CV ` O N ~' ~ ~ N N N N - W J W C c I- W '~ O a N ~ ~ i C O ~ p m ¢ ~ ~ a ~ C N g ~ O ~ Y _ w ~ a fq .~ ~ ~ c •~ o a L C O O7 ~ p m ¢ ~ ~ a ~ C O g ~ O ~_ Y _ N r a N C ~ ~ c 'y o °N' r a C .~ fn ~ ~ ~ a` - ~ ~ L d C rn ~ p m u ° - E o °~,' s a C .~ N ~ ~ '~ n`. = ~ O L d C g, ~ p m ii N U o O1 'v m m ci O N U ~ c U -a m Q O a 3 ~ c v 7 O N O ~ m c v a ~ r cn o a m O C a`~i l6 O y N Q O aLS N N ~ ~ ~ U N ~ O T N (6 N d N (6 p N W N AGENDA SECTION: Consent AGENDA ITEM # 5 C REPORT # $9 J STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE SYLVESTER, PLANNING 8L ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR d NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution extending the expiration date for the variance granted to Mount Calva Lutheran Church in A ril 2001 for buildin facade im rovements. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving an 18-month extension for the variance (01-VAR-1) granted to Mount Calvary Lutheran Church for building facade improvements. II. BACKGROUND In April 2001, the Richfield Hearing Examiner granted a variance to Mount Calvary Lutheran Church at 6544-16th Avenue South to allow exterior improvements to the church building. The proposed exterior improvements included a new handicap- accessible ramp, a new canopy over the ramp, a small addition to enclose a new elevator, and a new monument sign. The church was built before current setback requirements were adopted and is located in the required setback area, therefore creating the need for a variance for any new construction. The Hearing Examiner found that the request met the four requirements for issuing a variance and issued a variance on April 25, 2001. City ordinance states that a variance expires one year after it has been granted unless the work has been completed or an extension is granted by the City Council. 0326ExtendVariance.doc Mr. Duane Helm of Mount Calvary Church sent a letter on March 12, 2002 informing City staff that the building improvements will not begin until the second half of the year 2003, once the church has completed its capital campaign. Mr. Helm therefore 0 requested an extension of the expiration date for the variance that Mount Calvary Lutheran Church received in April 2001. III. BASIS OF RECOMMENDATION A. POLICY Extending the deadline for a variance is necessary when the improvement project cannot be completed within one year of the issuance of the variance. In this case, Mount Calvary Lutheran Church will not be able to complete the exterior improvements until after their capital fundraising campaign is complete. Enough time should be granted to provide adequate time for the variance recipient to complete their improvement project. B. CRITICAL ISSUES The Hearing Examiner gave full consideration to Mount Calvary's request for a variance in April 2001 and found. that all requirements necessary for a variance were met. No changes have been made in the actual plans for exterior improvements to Mount Calvary's church. The only change being requested is the amount of time available to Mount Calvary in which the improvements allowed by the variance can be completed. C. FINANCIAL N/A D. LEGAL City Code Section 546.09 Subdivision 12 states "Any variance shall expire within one year after it has been granted unless: a) the project for which the variance was granted is completed within the one year period; or b) upon written request of the person or corporation holding the variance, the Council extends the expiration date for an additional period." IV ALTERNATIVE RECOMMENDATION(S) I Deny request for a variance extension. V. ATTACHMENTS • City Council resolution Site plan showing the existing church building and the setback area Letter from Mount Calvary Lutheran Church requesting a variance extension VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Duane Helm, Mount Calvary Lutheran Church Building Committee Chairman RESOLUTION NO. RESOLUTION AUTHORIZING AN EXTENSION FOR THE VARIANCE GRANTED TO MOUNT CALVARY LUTHERAN CHURCH AT 6544-16TH AVENUE SOUTH (EXTENSION OF VARIANCE #01-VAR-1) WHEREAS, the Richfield Hearing Examiner granted a variance to Mount Calvary Lutheran Church on April 25, 2001 (01-VAR-1) to allow exterior building improvements to the church located at 6544-16th Avenue South; and WHEREAS, Mount Calvary Lutheran Church submitted a written request to the City of Richfield on March 12, 2002 requesting an 18-month extension for the variance that was granted on April 25, 2001 (01-VAR-1 ); and WHEREAS, no changes are being made to the proposed exterior building improvements which were approved in the original variance 01-VAR-1; and WHEREAS, the City has fully considered the request for an 18-month extension for the expiration date of variance 01-VAR-1. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An 18-month extension of variance 01-VAR-1 is hereby granted to Mount Calvary Lutheran Church for the proposed exterior building improvements to the church building located at 6544-16th Avenue South; and 2. The expiration date for variance 01-VAR-1 is hereby extended until October 25, 2003. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of March, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Feb-07-01 09~25A n r.vc ~~ ~ `;_ `~ - ~~ f~o~~ ~ ~~~~~ ~~~~ ~~~~~~ .~~ s~~ `--' 6544 - 16TH AVE. S. • RICHFIELD, MN 55423-1750 • CHURCH (612) 866-5405 • SCHOOL (612) 869-9441 March 12, 2002 Bruce Sylvester, Zoning Administrator Community Development De,,partment-Planning & Zoning City of Richfield ~~ 6700 Portland Avenue South Richfield, MN 55423 Dear Mr. Sylvester: Consider this letter arequest -from Mt. Calvary Lutheran Church for an Eighteen (18) Month Extension for Variance, Case No. Ol-V-1, dated 4/25/01. At this time, it is ~ planned that construction would begin during the second half of the year 2003. ~W /} Thank you for your consideration in this matter, if it is necessary for a congregation representative to appear. before the City Council, please keep us informed. and we will be present. Sincerely, y ~ /~ ~~ L Duane Helm Chairman, Building Committee Wk # (952)831-6070 CC: Congregation Chairman "Thanks be to God who gives us the victory through our Lord Jesus Christ." I Cor. 15:57 AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 Consent 5B 68 REPORT PREPARED BY: DAWN WEITZEL, HUMAN RESOURCES MANAGER NAME, TITLE STEVEN L. DEVICH, REPORT PRESENTER: ~ I RATNE SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIIZECTOR REVIEW: I SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of amendment to the City Administrative Code Section 1, Subsection 310.03, Subdivision 17 describin the term "intermittent em to ee." I. RECOMMENDED ACTION: By Motion: Approve the first reading of the attached ordinance amendment to the City Administrative Code Section 1, Subsection 310.03, Subdivision 17 describing the term intermittent employee, and schedule the second reading for April 23. 2002. II. BACKGROUND Several situations, particularly within the municipal liquor stores, have come up recently that warranted the evaluation of the term "intermittent employee". The current ordinance stipulates that employees who are classified as intermittent can only be employed for less than 20 hours per week. Adhering to this ordinance is extremely difficult at times of shortage in staffing (i.e. vacations, illness). Amending the current language would afford greater flexibility `-- for the City and intermittent employees. Therefore, a recommendation is being made to amend Section 1, Subsection 310.03 to amend the current language to read: 0326intermittent AGENDA SECTION: ('onsent AGENDA ITEM # 5A REPORT # 6 ] J STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: REPORT PRESENTER: ROBERT HINTGEN, UTILITY SUPERVISOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR Anai:: i7ai.i: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a utility easement at the Shops at Lyndale to service the 78th Street and Colfax Avenue stormwater lift station. I. RECOMMENDED ACTION: By motion: Approve the attached easement agreement with CSM for an electric utility easement at the Shops at Lyndale to service the stormwater lift station at 78th Street and Colfax Avenue. III. BACKGROUND ~ At the March 12, 2002 Council meeting this item was deferred to the March 26, 2002 Council meeting to afford an opportunity for the City Attorney to further review the proposed easement. The City-owned stormwater lift station at 78th Street and Colfax Avenue is located in the right-of-way between the Shops at Lyndale and Interstate 494. The current power supply to this lift station is no longer serviceable. There were 22 splices in the past two years in the current service line that is connected to the feeder line on 77th Street. Power for the lift station must now be obtained by hooking into a closer, existing underground power line located in the parking lot for the Shops at Lyndale, and specifically near the southeast corner of the Don Pablo's Restaurant. 0326CSMEasement ~, u.~•~r.. tut .t~1:L1 I,i.t u.rt li•11: ..-1u-1 l:rs} IUKfU1tA11Ua I¢1uu[ 1>~ S7 ' . Easement Deed Corporation to Corporation State Deed Tax Ouo Hereon: ~ ,_p_,_ ' Date• 2001 ~, FOli VA~UABI.E CONSIDEtiAT10N, ~ ~ ~Q nto~•he ~ muniei i ~ ~y coney to the CRy of ' Richfield, a Pa rporatbn under the laws of Minnesota, <3tantee. at parpatuei right and easement for utd~d electric purposes over. under. and across iha fopowing desor~ad tend lying in Hennepin County, Minnesota,: See Exhibit A for legal description mid d~ictian of easerent (the "Easen~it Parcet") according to the recorded pint thereoF, Hennepin County. Mirx~esola, . together with elt hereditamertts and appurtenenot:a bebnging thereto. Sae i•3dd~bit, B for adtlit3ala2 cernus ad cariiriais. . C5M SHOPS, IIVC. • 8y Y~ ........................._..~._,,..,._ STATE OF MINNESOTA COUNTY OF t~~j~ RAC•S[n 7hyhe toregoMg was aeknowtedged bMe~ a m_ a this ~ of Y , ~ the vice-Fts~idarc of CSM Shops, inc., a lion, on behsif of the ~rpocation, NOTANIAL sTAlw oR arAL ''. SKSpATtIR@ OF PEIISON TAKING I~~,TQppEyENi TAx STATEM@NT9 ROpt T}pf REAL pROp~'RTT ~gyeQp fq TM,a MSTRI4AENT s„outoeesENrTO: T-gSINSTRVMgNTWASWV1F7gDAY oaYid a. rung Attorney at taw ' C/0 (SM rAl"p0rdtigl , 2575 iktiversity Ave. bl., p150 , St. Paul, NN 55114 - 10/04/9 iION L/:b7 ITb/R7I NO ebxti) EXHIBIT A Sunde Land Surveying, LLC. ~~ 9001 Eost Bloomington Freeway (35W) ~ Suite 118 ~'asement ,S'ketch .For.• j Bloomington, Minnesota 55420-3435 Business: 952-88 I -2455 FAX: 952-888-9526 THE CITY O.F' RICH.~'I~'LI~ tNTERS_TA___TE Hw r nrv. ~~Y Exhibit B w fiasemeat Deed The Faseateat granted is nori-exclusive, and is subject to cturent taxes artd assessatenu, and all easements, rights-of-way. encu~rancea, liens, covenants, waditions, nsttictions, obligations acid liabilecies u may sppear of record, as of the date hereof. 2. Grantee shall be responsible m its cok cost for all ittstallatxon, re-installation, repairs aad maintenance of the underground electric line and agrees, following completioa .of any repair, maintenance or work oa the underground ekctric line by Grantee or its etaployaes, ageats or comraccors, to teaWrc to its former condition, aay portion of Grantor's propetry that is pucavated, damaged or disutrbed by mason of such installation, maintenance, repair or work Grantor hereby reserves and retains the right to (1) install, reinstall, repair, utilize and maintain access driveways, curbin& paving, parking areas, landscaping and other noa~t»Iding improvements ova and across the fissemeat Panel, and C1) use the subsurface area of the Eacemeat Parral in any manner that does not materially it>zerfere or conflict with the easetaent rights grattte~ hareuader By utilization of the Easement, Grantee hereby accepts the terms bereoi: and expressly aeknawkdges that GraACOr will use the 5trrfaCC and St3bSW'faCt ar!'2 of the LSSernent Parcel as provided for above. a Grantee, for itself, its successors and assigns, hereby irtderrtni5es and agrees to hold haratless Crrarttor'and any taattageeg of tneord of the Pasemertt Parcel, from astd against aay aad all damages, liability, fees, penalties and clurtts, ittcludittg those for personal injury, vtrongful death, orpropeny damage, arising out of ~ , or related to the usage of ttte Easement by Gtatrtee, its employers, +tgents ar tx~aetors, etccopt that lira indcranity dots not rxtend zo damage, liability. fees, pet:vties and delete that art the dirext result of tba Mgligellt iCt6 Gr omissions of the Grrunor, its employees, agents nr~conttartors. Grantee, for itself, its sua~essors and assigns, shall keep the 1`aseQrettt Parcel and Cmrntot+s property free from any liens arising out ofany work performed, materials &trnistred or obligatioru incurred by Grantee. if any mechaatic's liar is filed agi<inst the Grantor's pmpaty relative to such wculc, atatetiali or obligatior:s, Grantee shall i mmediately obtain artd deliver to Granwr an appropriate release of said lieu, or a bond is an amount equal w one and one-half times the amourrt of the Nett, to insure Grantor and Grantor's mortgagees, against any liability for such mechanic's lien. Grancer hveby agrees to exercise reasonable efforts to mutitttiza nay disruption to the business operation of Grantor, or iu tcaattu, is the exercise of the rights granted hereunder, and w perform and wntpldte all necessary wo:ic of maintenance, repair and replacatnent in a diligemtrtaruter. .ODMw~aRP1Y19E~C3M_r70Mr.[8N POI Acywn6eND•vI~mlpr_LD:176i 1 AGENDA SECTION: Presentations AGENDA ITEM # 3 REPORT # 66 STAFF REPORT CITY COUNCIL MEETING MARCH 26, 2002 REPORT PREPARED BY: BETSY CHRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE SALLY PARSONS, FORMER CHAIR AND REPORT PRESENTER: CURRENT MEMBER OF THE RICHFIELD ADVISORY BOARD OF HEALTH NAME, TITLE DEPARTMENT DIRECTOR REVIEW: (~ d1 l ~Gb , SIGNATURE REVIEWED BY CITY MANAGER: ~ j~~\ _ . , , ~ A _ n ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of an endorsement from the City Council for the "Together We Stand" Alcohol Ad Cam ai n to run in the Richfield Sun Current. I. RECOMMENDED ACTION: By Motion: Approve an endorsement from the Richfield City Council for the "Together We Stand" Alcohol Ad Campaign to run in the Richfield Sun Current. II. BACKGROUND Several years ago, Council Member Susan Rosenberg approached members of the Richfield Advisory Board of Health with concerns she had about the number of graduation parties one of her daughters had attended that year in which adults were freely supplying alcohol to underage youth. Her concerns and efforts "gave birth" to the need for the awareness of the enforcement of laws as well as the need to provide information for parents concerning underage drinking. The Richfield Advisory Board of Health, along with Tri-City Partners, concurred and has taken an active role in getting information to the public. Richfield was the first community, to our knowledge, to send a letter to parents of students in high school regarding underage drinking. 0326RABH Alcohol Ad ^ Since the first ad appeared four years ago, the effort has been adopted by the cities ~) of Bloomington and Edina, and the list of people and organizations supporting the ad has grown significantly each year. Once again, Richfield has been on the cutting edge and has taken a leadership role in the community, on this issue. Sally Parsons will be present at the March 26 Council meeting to request City Council approval of the 2002 endorsement of the "Together We Stand" Alcohol Ad Campaign to run in the Richfield Sun Current. Sally Parsons is the former Chair and current member of the Richfield Advisory Board of Health and a Tri-City Partners Alcohol Action committee member. III. BASIS OF RECOMMENDATION A. POLICY • None B. CRITICAL ISSUES • None C. FINANCIAL • The City previously paid for the ad; however, this year the ads will be paid for by Youth Risk.Behavior Grant funds that Richfield receives from the State of Minnesota. D. LEGAL • .None IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide not to approve the endorsement of the 2002 "Together We Stand" Alcohol Ad Campaign to run in the Richfield Sun Current. This would mean that the Richfield City Council would not be listed in the ad as a supporter of the effort. V. ATTACFIMENTS • "Together We Stand" Alcohol Ad Campaign from 2001 (2002 Ad being finalized) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Sally Parsons, Former Chair and current member of the Richfield Advisory Board. of Health h1E~R-27-2001 i l ~ l i BLOOh1 I hJGTON PUB HEALTH '~~~ ~~~ ayy r r - e3%~~+ N ~ ~ N Vf L d j ~ rn d O C1 o~i +~- ~ ~ • ~ _ s N 4-- N d ~ d ~ ~ _ N p) d .][ v~ ~ N vi '~' E c .m .n ~ c. d ~ ~ s ~ o a~i `~'~ ~ Z o~ ° ~ <Y $- } ~° c 4 ~ s u o O ° ~ ~ ~ ~ ~ ~. ~ ~ y M a. 3 0~ v .~ > y o u ~~ 3 d 'C v s v d ~. a~ ~ v , ~ ~ ~ v Y o ~ +°• w n~ ° ~~ c c J L~ c, c v ~ r °a.v ~~ `v W ~ ~ s: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ • c ~ ~ d •~ d ~ 7 ~ N ~ ~ ~ v ~ ~ ~ ~ i- ^~ ~- o "C ~ a. 41 a' N ~ vi c1 ~ °_ VVol~ t~ ~ ~i. c~ 3 -o s L .~ • c' Z7 C L ._ ~ N d N t ~~ ~ '+a- a 'C ~ d .t W ~ ~ -1- L ~ 'L Q1 ~i-- ~ Z' Q L ~ ~ Ql N '~ ~+ G >` Ql C as 4"' ~d 0 T-~ +-~- S ~ O • ~ ~ 'D ~ Y rn N ~ ._. ~' ~ o rLi d C u m ~ .L ~ Z p ~ L ~ ooi +-~- ~ ~ ~ v ~ ~ ~ ~ d ~ ~ o OC vi ~ - ~ O o N ~ p .C ~ ~ X S s ~ t ~ L ~ 'c ~ ~ ~ vii ~- ~ o ~ s ~ d o ~ 0 01 .a ~ ,r i.: ~` ~ ~ E ~~ ~ ti o~~- obi 'N o v o ~ 3 ~ ~ ~o~i u ~ a ~ } ~ ~ ~ V d C q1 y E v ~ ~ ~, a C C ~ ~ o d ~ ~ ~ ° ~ G ~` a ~ papd~ o"i d o. fir- o ~~ ~ e~S ~ ~ u V u ai vii '~ a 'a ~ ~ o a o 'in d vi h ;r t '~ A/a~S'o ~ '01v ~ h ~v H H Hx ~ a°.~~ ° a ¢ Q a~x f~tAR-27-?001 . 11 ~ 11 BLOOMI hJGTOPJ PUB HEALTH ~5"~ 5r~s ayy~r r. ~4~~g --. c 0 N C t1J O N N ~ 'Y G $ ~ N ~ ~ a ~i` .. ~, s ~ ~ Qs ~ s ~~~~ ~g s~ ~ ~ •E v ~ c o ~i ~ c ~ w ~, ~ o o ~" ~ L b y ~~_ S~ C ~-" O Y O s•o.CS o N ~CC~'d ~ ~t.a 9~~ ~ ~` ur ~r'@ v Sty 3' ;~_ ~ ~t~ ~ E~ ~ ~~~ ~a ~~ ~ ~ y _ "'S d~r.~ ~ F ~ ~ g p ~° e ~ ;~ V `~ d 'n ~ d ~ 17 ~° lL t y s «~ q a.:t ~~ Vb ~ o ° j ~, cn d r e~ Vl' O .fin s ~" d w. b ;~ ~ 3 s V a y~ b s.~~ .ate ~ u! oc .... ° aC u ~ ~ .F L t7 o a. .. ~ ~- ..~ c ~ ~ 5 ~ ~ ~1°- N oG s aC ~. p ~ r- ~ap ~ ~ ~ ~ V Ny U v~.. d ~ ~ G C 4 ~_ .~ b u w r_ V ~ ~ V G T E w V ~`' ~ b ~ > ~p EV O ~' . 7~ ~' N C ph`i' ~ > vVi Cg h~0 ~~ orop~ n t a`~ a~ V uv<)ty2~LC w ` tsg ~.n3~s~>:~ ~ ~"s~~vv~~~vv~~ ~ ~'{~W~ ~wr°, cZ c~~o-~cntn F°-3 `~v°-~.'01~ww'w~..y~-.~•~G:~ o~c ~- ~y p _ S E a o v ~+ v_ v u u v_ v u pp ~i-~~a~tbp~~~ Vin°.i~~~an°~,~ia`ccacaoca'taccacocoi ~ f ~n ~ N O ~ c O~ ~ C N O 'j to ~ •~ii Q O U ~ d L ~ } s C ~' u o W c o ~ Q p ~~_ o~ F ~~~ ~ 'E .gig c c .~ ~ ~ V ~ ~, ~ ~ ~ 8 o v -o ~ ~~ b G $ d ~~ o.d W~ m ~ ~ '~ E to q~ ~E t .. of c ~ w o = ~ ~c ~ ~ j ~ ~~ d w w ~ ~ ~ ~ w w ~ •` ~ ~ ~ ~ c ~ o ~_ 'u ~ ~ 8 ~' P o lil W a tL ~ ~ pcp W N i' W ~ W i~" $ ~ ~ 0 ~' N N C O ~ ~ 6i O Y .i- O 7 O °O t~1 O p1 01 V ~ e1 t.. ~ ~ ~' r~ VI C «`O t ~U •~ Oa,. .7G C C w~~~v.~iu~ °~mv'~uP~` nv=ia ~~~~wwwh`~w ~ g ° -O ~ ~ ~ ~ `c rn a ~ Y ~ d g ~ L '" O J b gam[ 'a '- ~_' t~ `~' ipc-~ •° v- •u eY O v "v ~ c. ~ g s V d ~ +^ ~ b a~ ~ lg ~ ~' `~ m Y ~~ ~ ~ y 1i .~ o .~ ,~ } c ~' c d vo- a u 0! c u ~tn ° ° E~ m E `~d~m '6 E- ~ ~ N ~- s y ° ~ ~- s ~ °' c ~ ~„ e ° 2 ° ~ c V ~ v ~ V s N ~ ~ ~ O e U a c h N a ° ac ° E ~~ ~ by ~ tB ~ Z ~ ~~~-tt~~'t`~O~7lfY`' p`cm om 8~y o~ ~~7 ~ ~ ~ 4r.. t ~-s ~~ ~ C ~ ~ ~ m $ N ~ ~ Y ~ ~ ; ~ ~e~i e~1 0 0 ~ a o .o In ~1 ~ ~- d O Y E d ~` B~ a< ~ 'S ~ 3 c€~ c~ E E ~~ _ $ o a ~ a 3 mat ° o~ c >. `~ c: c~_ ~~ G S S 3 c W ~~m~,~'b,~,w~$~,~.,pcgcct~~~mm~mmm~ TOTAL P.04