The URL can be used to link to this page

11-10-09 agenda packetCITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 10, 2009 SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding parks ordinance revisions (Council Memo No. 183) Notes: 2. Discussion regarding proposed 2010 wastewater rate (Council Memo No. 184) Notes: Adjournment REGULAR CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. n~Ftino INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of October 22, 2009; (2) Special City Council Meeting of October 27, 2009; (3) Special City Council Worksession of October 27, 2009; (4) Regular City Council Meeting of October-27, 2009; and (5) Special City Council Closed Executive Session of November 2, 2009 PRESENTATIONS 1. Annual meeting with Arts Commission 2. Annual meeting with Community Services Commission 3. Presentation of final report from Property Excellence Task Force COUNCIL DISCUSSION 4. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of agenda CONSENT CALENDAR 6. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion. and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution granting subdivision waiver for 6841 Grand Avenue into two single-family lots S.R. No. 213 B. Consideration of approval of resolution authorizing summary publication of ordinance amending Appendix D of Richfield City Code, establishing fee schedule for certain permits and applications S.R. No.214 C. Consideration of approval of closing Community Development Block Grant Fund and return residual assets to Hennepin County S.R. No. 215 D. Consideration of approval of change order to Gundlach Champion for $247,555.02 net reduction to close out Public Works maintenance facility project S.R. No. 216 E. Consideration of approval of Water Supply and Distribution Plan for Utility Division of City of Richfield S.R. No. 217 F. Consideration of approval of purchase and initial implementation of City Works, asset management software system, for Public Works Department from SEH, Inc. in amount not to exceed $65,000 S:R. No. 218 G. Consideration of approval of contract change order #12 to install additional border curbing and sub-grade excavation for play equipment container in amount of $2,792.90; Lincoln Athletic Complex S.R. No. 219 H. Consideration of approval of scheduling public hearing on December 8, 2009 for renewal of pawnbroker and secondhand goods dealer licenses for 2010 for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 220 I. Consideration of approval of scheduling public hearing on December 8, 2009 for .renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2010 for Red Pepper Chinese Restaurant, Thompson's Fireside. Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Patrick's Bakery & Cafe; Lariat Lanes; and The Noodle Shop-Colorado, Inc. d/b/a Noodles and Company .S.R. No. 221 J. Consideration of approval of scheduling public hearing,on December 8, 2009 for renewal of on-sale intoxicating and Sunday liquor licenses for 2010 for Khan's Mongolian. Barbeque; Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchman's; EI Tejaban Mex. Grill; and Jun Bo Chinese Restaurant S.R. No. 222 K. Consideration of approval of request for renewal of currency exchange licenses for New Unbank Company, LLC; 6421 Penn Avenue; and Los Gallos 12, Inc., 6539-B 14th Avenue S.R. No. 223 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 8. Public hearing regarding resolution authorizing City of Richfield to act as fiscal agent for $1 million loan between MN Department of Employment and Economic Development and Comlux America, LLC Staff Report No. 224 Notes: PROPOSED ORDINANCE 9. Consideration of second reading of ordinance relating to district winter quarter billing amending Section 705 of Richfield City Code Staff Report No. 225 Notes: RESOLUTIONS 10. Consideration of resolution authorizing two-year use and indemnification agreement between City of Richfield and Tom Price for rental of 4,690 square foot strip of land along edge of Lincoln Field Staff Report No. 226 Notes: 11. Consideration of resolution authorizing major site plan amendment allowing 9,600 square foot addition to ECOSmarte building at 1600 78th Street East Staff Report No. 227 Notes: 12. Consideration of resolution authorizing amendment to option agreement with Accessible Space, Inc. for redevelopment of 7700 Pillsbury Avenue, south portion of former Public Works garage site Staff Report No. 228 Notes: 13. Consideration of resolution approving plans and specifications and ordering advertisement for bids for new Police/Fire/City Hall facility Staff Report No. 229 Notes: 14. Consideration of resolution granting contracting authority to City Manager for new Police/Fire/City Hall facility Staff Report No. 230 Notes: CITY MANAGER'S REPORT 15. City Manager's report Notes: 16. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting, Notes: 17. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager November 5, 2009 Council Memorandum No. 183 The Honorable Mayor and Members of the City Council Subject: Parks Ordinance Revisions (Worksession Agenda Item No. 1 ) Council Members: A Special Council Worksession is scheduled on November 10 to include a discussion with City Council on the above topics and other revisions to the City's_Park Ordinance. Community Services Chair Gary Ness would like to receive an initial reaction from City Council with regards to some of the new additions to the ordinance. Some of the additions that have produced the most amount of discussion in Commission meetings include: Use of Tobacco in Parks -The City currently has a park rule that the use of tobacco products are prohibited within 25 feet of any organized youth sports activity held in a public park. The Commission has been discussing the merits of increasing this restriction to the extent that the use of tobacco is prohibited in all parks. Selling Food, Products or Services in Public Parks -The Commission has been discussing the merits of creating some restrictions for selling food, products and services by unauthorized vendors in public parks, especially during City sponsored events such as the Fourth of July. Feeding of Wild Animals or Birds in Public Parks - A number of citizens have complained about animal feces caused by geese and other waterfowl gathering in Richfield Lake, where other citizens have been known to place food scraps as feed near the Park's walking trail. The Commission has been discussing the creation of a restriction to prohibit the feeding of wild animals and birds in all parks. A number of people will join Gary Ness to help answer questions, including Jennifer Turrentine, Vice Chair of the Richfield Board of Health, Robyn Wiesman, Bloomington Health Department, Derek Larsen, Tobacco Free Youth Recreation, Frank White and Karen Shragg. A report prepared by Tobacco Free Youth Recreation is attached to explain what other local municipalities are doing with regards to tobacco policies and SLD:cak Attachment Email: Department Directors Assistant to the City Manager 70BAtto°fREE YouTH REtREanoN www. tobaccofreeparks. org In this guide, you will find: Model Tobacco-Free Policy Sample policies from Minnesota cities with tobacco-free park policies Map of Minnesota cities and counties with tobacco-free parks Policy enforcement and publicity information • Ordering information for free tobacco-free metal signs Frequently Asked Questions References from communities with existing tobacco-free park policies Playing Tobacco Free: Tobacco-Free Policies For Park & Recreation Areas Tobacco-Free Park and Recreation Areas Promote Health • Parks are established to promote healthy activities. The purpose of park areas is to promote community wellness, and tobacco-free policies fit with this idea. • Cigarette litter is dangerous. Discarded cigarettes pollute the land and water and may be ingested by toddlers, pets, birds, or fish. • Tobacco-free policies help change community norms. Tobacco-free policies establish the community norm that tobacco use is not an acceptable behavior for young people or adults within the entire community. .Tobacco-free environments promote positive community role modeling and protect the health, safety, and welfare of community members. . Secondhand smoke harms everyone. Secondhand smoke exposure causes disease and premature death in children and adults who do not smoke. . Secondhand smoke is harmful in outdoor settings. Several studies have found that secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted.1,2 Policies provide consistency among community athletic facilities and groups. The majority of community sporting events are held at either city or school athletic facilities, and nearly all school districts prohibit tobacco use on their entire grounds. Also, many local athletic associations have tobacco-free policies but use city facilities and would benefit from acity-wide policy. The Tobacco-Free Youth Recreation Initiative Tobacco-Free Youth Recreation (TFYR) is a recreation-based tobacco prevention program that assists recreational groups in promoting healthy tobacco-free lifestyles. TFYR offers free assistance in tobacco-free policy development and implementation. Contact TFYR for policy assistance or more information! Association for Nonsmokers-Minnesota 2395 University Ave. West, #310 St. Paul, MN 55114-1512 (651)646-3005 T093<ip FREE ~,v,tobaccofreeparks.org YOUiH RECREATION _,,,,r.:,,,,,„ tfyr@ansrmn.org Tobacco-Free Park and Recreation Policies Work Over 100 Minnesota communities have adopted tobacco-free policies for their park and recreation areas. In 2004, the University of Minnesota surveyed Minnesota residents to learn about the level of support for tobacco-free park and recreation policies.3 Minnesota park directors were also interviewed to ask how they felt about tobacco-free policies. Here are the study's key findings: What Minnesota residents say: . Most Minnesotans support tobacco-free park and recreation policies. 70% of Minnesota residents support tobacco-free park and recreation areas. In addition, 66% of golfers and 73% of families with children support these policies. . Policies should prohibit all forms of tobacco. 79% of residents supported tobacco-free policies that prohibit all forms of tobacco use, including spit tobacco. • Parks should be tobacco free at all times. Just over half (53%) of respondents supported the prohibition of tobacco use in parks at all times. • Community members support policy enforcement. 79% of Minnesotans felt that policies should be enforced by asking violators to leave park areas. 64% felt that violators should be fined. What Minnesota park directors say: . Park directors overwhelmingly recommend adopting tobacco-free policies. 90% of park directors in cities with policies reported that they would recommend tobacco-free policies to other communities. . Nearly all park directors personally supported tobacco-free policies. Out of 257 park directors, • 96% wanted to provide positive role models for youth. • 92% wanted to reduce youth opportunity to smoke. • 92% wanted to avoid litter from cigarette butts. • 89% wanted to promote community well-being. • Policies reduce litter and maintenance costs. 58% of Minnesota park directors in cities with policies reported cleaner park areas. • Policy enforcement and violations are not issues. In Minnesota communities with a policy, few park directors (26%) reported compliance issues and 74% reported no problems with park users violating the policy. ~ Klepeis NE, Ott WR, Switzer P. (May 2007). "Real-Time Measurements of Outdoor Tobacco Smoke Partkles." Journal of Air & Waste Management As50CldtlOn 57. `California Environmental Protection Agency, California Air Resources Board. (2003). 'Technical SuDDOrt Document for [he Proposed IdentiNcation of Environmental Tobacco Smoke as a Tonic Air Contaminant Part A,"Technical Report. Chapter 5, pp. V6-V19. ' Klein EG, Forster JL, Outley, CW, McFadden, B. (2007). "Minnesota Tobacco-Free Park Policies: Attitudes of the General Public and Park Officials:' Nicotine & Tobacco Research 9, 51, pp.49-55. March 2009 owned parks with atobacco- policy (104 policies) = County-owned parks with a tobacco-free policy (5 policies) =All city-owned and county-owned parks have atobacco-free policy (1 policy) = See Metro Map for policies in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties (37 policies) Minnesota Communities with Tobacco-Free Parks, sorted alphabetically .. 73 Adrian Nobles ~... ~.: 2/27/06 25 Aitkin Aitkin 6/2/03 90 Albert Lea Freeborn 11/13/06 64 Alexandria Douglas 5/23/05 57 Andover Anoka 9/21/04 53 Anoka Anoka 7/6/04 70 Arden Hills Ramsey 9/12/05 85 Ashby Grant 7/5/06 19 Aurora St. Louis 4/1/03 31 Austin Mower 7/2/03 66 Battle Lake Otter Tail 6/14/05 80 Baudette Lake of the Woods 5/8/06 8 Baxter Crow Wing 3/1/02 22 Biwabik St. Louis 5/12/03 3 Bloomington Hennepin 6/18/01 11 Brainerd Crow Wing 6/6/02 28 Breckenridge Wilkin 6/16/03 95 Buffalo Wright 4/16/07 26 Buhl St. Louis 6/3/03 63 Callaway Becker 5/10/05 89 Canby Yellow Medicine 11/8/06 46 Champlin Hennepin 5/10/04 54 Cloquet Carlton 7/20/04 7 Cohasset Itasca 1/22/02 40 Coon Rapids Anoka 2/17/04 48 Crookston Polk 5/25/04 87 Crystal Hennepin 9/19/06 76 Dassel Meeker 4/3/06 67 Dayton Hennepin 6/14/05 77 Donnelly Stevens 4/3/06 14 Duluth St. Louis 2/12/03 17 Eagan Dakota 3/25/03 43 Eagle Lake Blue Earth 4/5/04 12 Eden Prairie Hennepin 9/17/02 56 Edina Hennepin 8/17/04 78 Elbow Lake Grant 4/3/06 59 Elk River Sherburne 10/18/04 75 Ellsworth Nobles 3/13/06 27 Eveleth St. Louis 6/3/03 41 Faribault Rice 2/25/04 23 Fayal Township St. Louis 5/20/03 55 Fergus Falls Otter Tail 8/9/04 102 Gaylord Sibley 5/29/08 15 Golden Valley Hennepin 3/4/03 32 Grand Rapids Itasca 7/14/03 93 Ham Lake Anoka 1/2/07 83 Hancock Stevens 6/12/06 94 Hardwick Rock 2/13/07 96 Hastings Dakota 5/7/07 62 Henning Otter Tail 5/3/05 88 Herman Grant 10/16/06 72 Hermantown St. Louis 2/10/06 18 Hibbing St. Louis 3/31/03 82 Hoffman Grant 6/5/06 21 Hoyt Lakes St. Louis 4/8/03 50 International Falls Koochiching 5/28/04 39 Kent Wilkin 1/1/04 65 La Prairie '~: Itasca ~ ... .. - 6/6/05 44 Luverne Rock 4/13/04 38 Mahtomedi Washington 12/3/03 1 Maple Grove Hennepin 1/1/93 61 Maplewood Ramsey 1/24/05 47 Marshall Lyon 5/17/04 74 Mendota Heights Dakota 3/6/06 51 Monticello Wright 6/14/04 42 Morris Stevens 3/9/04 84 Mounds View Ramsey 6/27/06 34 Mountain Iron St. Louis 8/18/03 24 New Brighton Ramsey 5/27/03 69 New York Mills Otter Tail 8/8/05 81 North St. Paul Ramsey 5/16/06 36 Nwd Young America Carver 9/22/03 6 Owatonna Steele 12/11/01 68 Parkers Prairie Otter Tail 7/18/05 52 Pelican Rapids Otter Tail 6/29/04 37 Plymouth Hennepin 10/28/03 35 Prinsburg Kandiyohi 9/9/03 4g Ramsey Anoka 5/25/04 4 Richfield Hennepin 9/1/01 60 Robbinsdale Hennepin 12/7/04 2 Rochester Olmsted 11/1/00 111 Rosemount Dakota 12/16/08 5 Roseville Ramsey 12/1/01 97 Round Lake Nobles 5/8/07 13 Sartell Stearns 10/28/02 33 Savage Scott 7/15/03 45 Shoreview Ramsey 5/3/04 98 Silver Bay Lake 5/9/07 2p Spicer Kandiyohi 4/2/03 86 Spring Lake Park Anoka 7/17/06 9 St. Cloud Stearns 5/13/02 92 St. Francis Anoka 1/2/07 30 St. Paul Ramsey 7/1/03 10 Virginia St. Louis 5/31/02 91 Wendell Grant 12/4/06 101 West St. Paul Dakota 4/14/08 71 Wheaton Traverse 1/26/06 100 White Earth Becker 8/16/07 79 Williams Lake of the Woods 4/10/06 29 Willmar Kandiyohi 6/16/03 99 Windom Cottonwood 7/17/07 58 Wolverton Wilkin 10/12/04 112 Woodbury Washington 3/25/09 16 A Zimmerman Rock County Sherburne Rock 3/17/03 5/18/04 B Tnree R~~erS Park Disc. Hennepin 1/6/05 C Anoka County Anoka 7/12/05 D Washington County Washington 5/23/06 E Olmsted County Olmsted 1/23/07 F Dakota County Dakota 5/22/07 G Lower Sioux Redwood H Ramsey County Ramsey 05/13/08 Metro Commun~t~es with Tobacco-Erse Parks Poliicfes St. Tobacco-Free Park Communities O County-owned parks . City-ouvned parks Three Rivers Park ~_ District parks East Oak Bethel Grove ~A Ramsey Andover Hsm Forest Lake lake Anoka .... _ . lsyton Coon Lino Lakes St Champlin~P~ Blaine C~ e Hugo ~...:.,,,(~~e a WASWlNG Maple otwraryr -rtttc~ eru reenfiel Corcoran : Grove J Park 1Nounds~ , Now i T ~ ley ~, Grant w Arden ~-~ E ~ ~ ~'> Plymouth t~HiNs Vadn M di -+ashts .. depends c Medina Robbinsdale 4 Roseville St. Paul Lake 4,~ ,. ,,.. r,T,l~.t, Maplewood Elmo Orono .Lou ~ St. Paul 7 ark Minneapolis inneto a West Woodbury Anon Edina ~ o~St p~ hardtassen Eden Richfrold Heights Prairie :bask Bloomington Inver Cotta Eagan Grove ~ Heights Grove Shakopee ¢urnsville! r Apple Rosemount Prior Valley Lake - -- ~c~anx- SCbT Lakeville DAKOT, a n[~ton p Ap~~il 2009 106A((0-VFn TOVIX YS(VttTq~ Frequently Asked Questions r~. about Tobacco-Free Policies for Park Areas in Minnesota ~'m;s,~ '~ ~. . What is current Minnesota state law on smoking outdoors? There is currently no state law that regulates tobacco use in outdoor areas. In addition to signs, communities notify their residents in a variety of ways: local media, newsletters, policy reminder cards, recreation brochures, policy statements sent to sports associations, and coaches' trainings. Are local governments able to enact policies restricting tobacco use? Neither federal nor state law prohibits local governments from regulating tobacco use outdoors.' What is the difference between a park policy and an ordinance? In general, park po/icies are rules regarding city or county-owned park property that are established by local park boards and are often approved by city councils or county boards. Generally, those who ignore park policies do not receive a fine, but are asked to refrain from using tobacco or leave the premises. Ordinances are local government enactments that regulate people or property and carry a penalty such as a fine for violations. Ordinances often originate from a recommendation passed by the park board.2 For both park policies and ordinances, tobacco use is prohibited on park property. Should a policy cover all property and activities or just youth events? In Minnesota, both types of policies exist, but the recent trend is toward "all property" policies because they may be simpler for citizens to understand, rather than to determine which activities qualify as "youth events." How do other Minnesota communities enforce their policies? Minnesota communities with tobacco-free park policies post signs in their park areas that announce the policy. These signs provide communities with the ability to rely on community and self-enforcement. Many tobacco users look for "no tobacco" signs. These signs empower everyone using the parks to provide friendly reminders about the policy to violators. Signs also help to eliminate the need for any law enforcement presence. The majority of Minnesota communities with policies have utilized Tobacco-Free Youth Recreation's free signs. ~ Minnesota Attorney General Mike Hatch. (5'4'00). Legal opinion letter to Peter Vogel. League of Minnesota Cities. (2003). Handbook (a' Minnesota Cities. [Online]. Available: http:' www.lmnc.org'handbook'chapter07.pdf. Are existing policies working? Yes! According to a 2004 University of Minnesota survey of Minnesota park directors in cities with such policies, 88% of park directors reported no change in park usage (no loss of park users), 71% reported less smoking in parks, and 58% reported cleaner park areas. What effect do tobacco-free park policies have on youth? Research has not been completed on this particular topic, but in general, tobacco-free policies help prevent youth tobacco use, particularly by establishing tobacco- free community norms and by providing adults the opportunity to be tobacco-free role models throughout the community.3 What other benefits result from tobacco- free policies? Cigarette filters are not biodegradable, so they do not decay and cannot be absorbed by the environment. A policy reduces park and beach litter and protects toddlers from ingesting filters that are discarded. In Minnesota, smoking-related debris accounted for 62% of total debris during a 2005 coastal cleanup.4 Will policies keep some people from using public park and recreation areas? Tobacco-free policies for park areas ensure that all citizens have a healthy recreational environment. People go to parks to exercise or relax, not to use tobacco. Smokers work, eat, shop, travel, and reside in smoke-free environments every day. No court has determined that smoking is a constitutionally protected right.' Aren't tobacco-free policies for parks a needless regulation? These policies are similar to those prohibiting alcohol and litter or requiring that pets be leashed. It is the duty of policy makers to enact policies that protect the health of their citizens. ' Perry. C (1999). Creating t/ealrh Belrnvior Chmrge: Haw to Develop Cornmm~ih- N'irle Progranrs.Jor Youd~. Thousand Oaks. CA: Sage Publications. 9 The Ocean Conservancy. (2006). International Coastal Clearnrp 2111/5 Minnesota Sruunmry Report. [Online]. Available: http:`www.coastalcleanup.org. ' Tobacco Control Legal Consortium. (2004). "Legal Authority to Regulate Smoking and Common Legal Threats and Challenges." Mav 2007 6 UNIVERSITY OF MINNESOTA SCHOOL OF PUBLIC HEALTH Division of Epidemiology & Community Health 1300 S. Second Street #300 Minneapolis, MN 55454 SCHOOL OF KINESIOLOGY Division of Recreation & Sport Studies 1900 University Avenue SE Minneapolis, MN 55455 TOBACCO-FREE PARKS AND RECREATION STUDY Summary of Findings Park areas in Minnesota are used regularly by state residents. Tobacco use restrictions in outdoor environments such as parks and recreation areas are being established in Minnesota and other states across the U.S. The purpose of this study is to describe the support for tobacco-free park policies in Minnesota. To learn more about the public's perceptions of these policies, we conducted a survey of Minnesota residents. We also interviewed park and recreation professionals to ask specific questions about tobacco-free policies in Minnesota. Is secondhand smoke a problem? Yes. Secondhand smoke is a recognized cause of acute and chronic diseases in nonsmokers, and is a major source of indoor air pollution. Secondhand smoke is also responsible for an estimated 3,000 lung cancer deaths and 38,000 heart disease deaths in nonsmoking individuals each year in the United States. The most effective approach to reducing secondhand smoke exposure is to establish smoke-free environments. Research has suggested that the adoption of smoke-free policies creates a change in social norms around smoking, helps smokers reduce consumption or quit, and helps keep youth from starting. Public support for tobacco-free parks A survey was sent to Minnesota residents by mail in summer 2004. Of the 1,500 respondents, 75% had used any park area in the past month. Overall, 70% of those surveyed supported tobacco-free policies for outdoor park and recreation areas. The attitude of Twin Cities metro area residents was not different from residents living in other parts of the state. Respondents expressed support for tobacco-free policies to: • Reduce litter in park grounds. • Avoid the health effects of secondhand smoke. • Discourage youth smoking. Preferences for tobacco-free park • Establish positive role models for youth. policies among Minnesota residents, 2004 • Promote community well-being. ' Prohibit all forms of ~ tobacco Policy components prohiblttoba°°o in al, We also asked residents about the ~ °utd°orareas components of tobacco-free park pollCl@S Prohibittobacco during (shown, right). Most people supported strong y°uth °nented events policies that prohibit tobacco use in youth prohibit tobacco in outdoor areas, and asking policy violators to leave areas used by youth park areas. Just over half (53%) of Enforce policy by asking respondents supported the prohibition of violators to leave tobacco use In all parks at all times' Smokers Enforce policy by giving were the only group generally less supportive vio~atorsafine of these policies. Golfers Thirty-five percent of our sample were golfers. Most golfers (81 %) were non-smokers, and 74% of non- smoking golfers supported tobacco-free park policies. We found that being a golfer did not make a difference in support for tobacco-free policies, but being a smoker did. How do park staff in communities with an existing park policy feel about the policy? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% In the summer of 2004, we interviewed 257 park directors from cities and counties in Minnesota's 200 largest cities. Overall, 70 communities reported a tobacco-free policy, which represents 36% of communities surveyed. Park directors with policies had positive experiences, as most reported that park policies were "not difficult" to pass, and 90% would recommend such a policy to other communities. Changes after implementation When park directors were asked about changes after tobacco-free policy adoptions: • 58% reported less litter in park areas. • 74% reported no problems with policy violators. • 88% reported no changes in park usage. • For those reporting a change in park use following the policy, 71 % reported an increase in usage. Difficulty in passing atobacco-free • Publicity about the policy was reported to be adequate (86%), park policy, Minnesota 2004 and few (7%) reported any negative publicity. Enforcement Enforcement was an area of worry for nearly all park directors without a policy. However, in communities with a policy, few park directors (26%) reported compliance problems. Staffing was an issue, as 74% reported too few staff to enforce the policy and/or monitor all park areas. Park director support Out of the 257 park directors interviewed, nearly all personally supported tobacco-free policies. Reasons for their support included: • 96% wanted to establish positive role models for youth. • 89% wanted to promote community well-being. • 92% wanted to reduce youth opportunity to smoke. • 92% wanted to avoid litter from cigarette butts. Major Conclusions: ^ The majority of Minnesotans support tobacco-free park and recreation policies. ^ Park staff have experienced few problems and many benefits with the policies, and overwhelmingly recommend tobacco-free policies to other communities. This study was conducted by the University of Minnesota, Schools of Public Health and Kinesiology, in partnership with Tobacco-Free Youth Recreation and the Minnesota Recreation and Park Association, and supported by the Minnesota Partnership for Action Against Tobacco. For more information, contact study coordinator Liz Klein at klein L(a~epi.umn.edu or call (612) 626-1799. ~H~E RK AASSpf~r~0 SPA ~~~Oh 1. ' TOBACCO -Fit[[ .. 70lJTN RlCQ/AT10N vrsmm.cvq December 2005 Ili: ~.~~li ilft Y9L'i ~< RU. eFM1i1QN City-Owned Outdoor Recreational Facilities Model Tobacco-Free Policy Section 1: Rationale WHEREAS, the City believes that tobacco use in the proximity of children and adults engaging in or watching outdoor recreational activities at City-owned or operated facilities is detrimental to their health and can be offensive to those using such facilities; and WHEREAS, the City has a unique opportunity to create and sustain an environment that supports anon-tobacco norm through atobacco-free policy, rule enforcement, and adult-peer role modeling on City-owned outdoor recreational facilities; and WHEREAS, the City believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make; and WHEREAS, the tobacco industry advertises at and sponsors recreational events to foster a connection between tobacco use and recreation; and WHEREAS, cigarettes, once consumed in public spaces, are often discarded on the ground requiring additional maintenance expenses, diminish the beauty of the City's recreational facilities, and pose a risk to toddlers due to ingestion; and WHEREAS, the City Park & Recreation Board determines that the prohibition of tobacco use at the City's recreational facilities serves to protect the health, safety and welfare of the citizens of our City. THEREFORE, be it resolved that tobacco use is prohibited in outdoor recreational facilities. No person shall use any form of tobacco at or on any City-owned or operated outdoor recreational facilities, including the restrooms, spectator and concession areas. These facilities include [insert specific facilities here, e.g. playgrounds, athletic fields, beaches, aquatic areas, parks, and walking/hiking trails]. Section 2: Enforcement 1. Appropriate signs shall be posted in the above specified areas. 2. The community, especially facility users and staff, will be notified about this policy. 3. Staff will make periodic observations of recreational facilities to monitor for compliance. 4. Any person found violating this policy may be subject to immediate ejection from the recreation facility for the remainder of the event. Section 3: Effective Date This policy statement is effective immediately upon the date of adoption, which is , 20 Appropriate City Official Date 7 ,~ OPTION A ORDINANCE N0.2006 - 43 AN ORDINANCE PROHIBITING THE USE OF TOBACCO PRODUCTS WITHIN CITY-OWNED PARKS, OPEN SPACES AND RECREATION AREAS The City Council of the City of Bloomington hereby ordains: Section 1. That Chapter 5 of the City Code is hereby amended to read as follows: CHAPTER 5 PUBLIC FACILITIES AND PROPERTY .*~ ARTICLE 111. PARKS AND PLAYGROUNDS ,~* SEC. 5.21. REGULATIONS. The following regulations shall apply to all City parks: *** (20) Park and Recreation Programs - (A) No person involved in any event of the Park and Recreation Department, including, but not limited to sponsors of teams thereof, shall commit an unfair discriminatory pract(ce or deny another person access to, admission to, or utilization of, or benefit from any such event because of race, color, creed, religion, or national origin. (B) Exception, The provisions of Paragraph A above shall not apply to a religious organization with respect to qualifications based on religion, when religion shall be a bona fide qualification for membership. (21) No person shall use tobacco products on City-owned athletic play fields, including their spectator areas, while the fields are being used for organized youth athletic events or organized adult recreational events. These areas shall be posted by appropriate signs and markers as directed by the Park Director. (23) City-Owned Parks. Open Spaces and Recreation Areas - SEC. 5.22. PENALTY. Any person violating subsections (9) OR (14) shall be guilty of a misdemeanor, all other violations of this Article shall be punishable as a petty misdemeanor. SEC. 5.22.01. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the Article. The City Council hereby declares that it would have adopted this Article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Passed and adopted this 9~' day of Oc ~ ' T EST: ~'c~ ~ ~~, ecretary to the Council APPROVED: ity Attorney John Keprios, Director Edina Park & Recreation Department 4801 West 50`'' Street Edina, MN 55424 Office (952) 826-0430 FAX (952) 826-0385 Jkeprio s@ci. edina. mn. us Memo To: FILE From: John Keprios CC: Mayor and Council Members, Edina Park Board, and Gordon Hughes. Date: September 1, 2004 Re: TOBACCO-FREE REGULATION. At their Tuesday, August 17, 2004, meeting, the City Council voted unanimously to direct the Park Director to establish an additional Regulation, under the authority granted the Park Director in Code 1230.06, to make all Edina parks tobacco-free. After having discussed the implementation of this new regulation with staff, I have decided to make this new regulation effective as of Friday, October 15, 2004. This new regulation prohibits the use of all forms of tobacco in all Edina parks both indoor and outdoor. r PLYMOUTH, MN PARKS AND RECREATION SUBJECT Plymouths Parks and Recreation Tobacco-Free Policy POLICY STATEMENT The City of Plymouth Parks and Recreation Department is committed to the quality of life for all residents, therefore, we believe that: 1. Tobacco product use in the proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of others. 2. Tobacco products once consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to toddlers and causing a litter problem. 3. As parents, leaders, coaches, and officials we are thought of as role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. TOBACCO-FREE FACILITIES No person shall use tobacco products on city-owned parkland, park facilities, open space or joint city/school district properties, except within the confines of a vehicle in a designated parking area. COMPLIANCE PROCEDURES The emphasis on enforcing the Tobacco-Free park policy is through voluntary compliance: 1. Appropriate city-owned parkland, park facilities, open space or joint city/school district properties will be signed. 2. Plymouth Park and Recreation staff will meet with activity organizations and/or leaders or coaches to discuss the policy and to distribute flyers with the "Tobacco Free" regulations. 3. Plymouth Park and Recreation staff will make periodic observations of activity sites to monitor compliance. 4. Plymouth Park and Recreation will take an active role to encourage the surrounding communities to adopt the "Tobacco Free" policy, so that we may act as a united front to ensure the health and wellbeing of our community. Date of Adoption: 10/28/03 A well publicized policy informs park users about the reasons why the policy has been adopted and helps enforce the policy by reducing violations. Let Community Members Know Post Signs ~ About the Policy The most important way to publicize your tobacco-free policy is by posting signs. If you have not done ~,,A.r~~ so already, contact ®^ Tobacco-Free Youth Recreation to order ~~n> metal tobacco-free signs. The following locations are suggested places for posting your tobacco-free signs: • Fencing around playgrounds and fields Backstops Picnic shelters Restrooms Concession stands Parking lot entrances Beach entrances Lifeguard stands Hiking trail entrances Skating rink warming houses Ask for Assistance! These groups will assist you in publicizing your tobacco-free policy: . Tobacco-Free Youth Recreation, (651) 646-3005, ter@ansrmn.org . Your local tobacco-free coalition . Your local public health agency In addition to posting signs, park and recreation staff has used a variety of means to educate citizens about their tobacco-free policies: Staff notification of the new policy and setting procedures for handling violations. Bookmarks or small notification cards explaining the policy distributed by park staff or community members to park users. Articles in a local or regional newspaper, as the result of a news release or reporters' coverage of city council meetings. Park and recreation department and city newsletters. Recreation program brochures, catalogs, and announcements. Rulebooks or policy statements that are distributed to sports league administrators, coaches, officials, parents, and participants. • Other fact sheets or educational articles about tobacco and secondhand smoke distributed at coaches' meetings, in mailings, or through newsletters. • Postings on the recreation department's or city's website. Public address announcements at recreation events, or public service announcements on local radio stations or public access cable channels. • Kick-off celebration or community event with tobacco-free pledges, activities, etc. Potential dates for this event: March/April-Kick Butts Day; May 31-World No Tobacco Day; Thursday prior to Thanksgiving-Great American Smoke Out. Please note: computer artx~ork files are available from TFYR for the tobacco free sign image. iOn'.. , -.1,8 .o,,,, -. Free Signs! Minnesota cities that adopt comprehensive tobacco-free policies for their recreational facilities and park property can order FREE metal 12" x 18" tobacco-free signs from TFYR to help with policy implementation. To qualify for the signs, the tobacco-free policy must include: • A list of all the facilities it covers • A statement that all forms of tobacco use are prohibited • An enforcement plan that includes a) user and staff notification; and b) signage. ~. _ -- . ~~~FREf,~,pD d ~~ No Tobacco Use On This Park Property ThA nag `(otc. ~~- Tobacco-Free Signs Please contact Tobacco-Free Youth Recreation to find out how atobacco-free policy for parks and outdoor recreational facilities can benefit your community. For technical assistance in policy development and suggestions for tobacco prevention strategy implementation, contact: Brittany McFadden, Program Director ,~ Tobacco-Free Youth Recreation 2395 University Ave. West, Suite 310 St. Paul, MN 55114-1512 (651) 646-3005; bhm(C~ansrmn.org TOBAC(0-FREE YOUTH RECREATION vnaw.tobaccofreeparks.org 19 Please contact the people listed below to find out how a tobacco-free policy for outdoor recreational facilities can benefit your community. For suggestions or feedback from communities who have implemented tobacco free policies, contact: Plymouth Parks & Recreation Department Diane Evans, Supt. of Recreation 3400 Plymouth Blvd. Plymouth, MN 55447 (763) 509-5220; devans@ci.plymouth.mn.us Coon Rapids Parks & Recreation Department Bruce Thielen, Public Works Director 1831 - 111th Ave. NW Coon Rapids, MN 55433 (763) 767-6578; thielen@ci.coon-rapids.mn.us Morris Community Education Cindy Perkins, Director 600 Columbia Ave. Morris, MN 56267 (320) 589-4394; cperkins@maes.morris.k12.mn.us Grand Rapids Parks & Recreation Department Dale Anderson, Director 420 N. Pokegama Ave. Grand Rapids, MN 55744 (218) 326-2500; danderson@ci.grand-rapids.mn.us 20 CITY OF RICHFIELD, MINNESOTA Office of City Manager November 5, 2009 Council Memorandum No. ls4 The Honorable Mayor and Members of the City Council Subject: Proposed 2010 Wastewater Rate (Worksession Agenda Item No. 2 ) Council Members: When preparing the 2010 budget, staff contacted MCES and asked for their proposed increases for 2010. They stated it would be increasing by a minimum of 3.1 % with no maximum determined at that point. Current rates from Metropolitan Council Environmental Services (MCES) are for 1,101,500,000 gallons of wastewater totaling $1,932,355.92. A letterfrom MCES dated September 10, 2009 (attached) states the charges for Richfield in 2010 will be .$2,152,427.16 for 1,086,680,000 gallons of wastewater, an 11.38% increase from 2009. Staff originally recommended a $.23 increase bringing the cost per 1000 gallons to $2.93. As a result of this new information, staff is now recommending an increase of $.44 bringing the cost per 1000 gallons to $3.14. This new information will be discussed at the November 10, 2009 City Council Worksession. SLD:cak Attachment Email: Department Directors Assistant to the City Manager ~~ September 10, 2009 - ~o~n~il T'o Cif Finance Officials Re 2010 M~nicipai Wastewa#er Charges Environmental Service On :September 9, the 1Vletropatitan Council adopted' an aggregate Municipal ~!astewater Charge for 203 0 of $157,41 millson. This is an .increase of 3.8' percent from the 2f?09 charge of $'1:6:1.32 million. Tllis:increase is, in small .part, due to an improvement in the teehrtical nethodolagy for calculating reserve capacity (as presented at a public meeting on:August 13) which reduced the SAC contrtut"ion to the budget and consequently increased the NIWC;requirement. This change is being phased in over three years and will be studied {with other SAC issues} in more depth by a task force that will )?e formed.shordy; in 20I 0, we vsrill continue the "firm. flow" alocatQn method; thus the Iasi known actual flow numbers are. used to allocate the $I67.4Y million for Service n.2fl10. Ttlese flows are from the period July 1, 2008 to June 30, 2009, Your rizunicpality's percentage of the overall system #low is fhe percentage of the $167.41 nz;Ilion that will be charged. We°ve done the calcuIatiort for you on'tl?e attached spreadsheet anti viii tiill you this amciunt spread equatly over 12 months in 2{lI{}.1~or accourrfnig purposes; the use ofth~ older flow data is simply our mefTiod of ;objectively estimating current flows; the•tills in 2010 are for 2~1Q service, no:.accrvals;.are required. Also note that. these numbers are exclusive :of any adjustrrlents; cost sharing and: the surcharges your municipality may be' billed for arty excessive inflow and:inf~ltratitcsn, lVlore `information on current rates-arid billings is-available on the Council's Wcb site at: http://w'vvwmetrocouncil.orglenvirc~nrnent%R.atesBlting As ai~~~ays, .Metropolitan Council En~vironmental`Services (IVICES} welcomes your corrlments, questions and suggestions on our senFices. Feel free to call me at any time at (651} 502-3.1.96 or send me an a-mail at 3a~n;vvillett~u3metc:state.mn::us. Also, Kyle Colvin is available'to answer questions about the .flow volumes at (651) 602-1.151 and l~yle colviil~a.metc state rrirr us . Sincerely,.. Jason Willett lV1CES Finance F3irectar Attaclinrent: Metropolitan Disposal System. Flores and Charges ~vwtv.xnetrocouncil.org ,~,~tl liabert Str.~t Noah r St. Paul, fv1N 552Qi-18ti5 • {¢51) 6q2-IQCtS * Fax {rsslj 60`x•1477 • Tl`1' t£i51j `~9i-d9Q4 Rrs Egetal Opporturtiry Employer 2010 Metropolitan Disposal System Flows and Charges Allocation Basis for 2010 Municipal Wastewater Charges (MWC): $167 ANDOVER 499.$0 -- 0.591346% $989;972.30 82,497. ANOKA 622,30 0.7362$4% 1,232,612.56 102,717.71 APPLE VALLEY 1,231.50 1.457068% 2,439,277.48 203,273.12 ARDEN WILLS 310.2$ 0.367124% 614,602.85 51,216.90 BAYPORT 173.70 0.205516% 344,054.00 28,671.17 BIRCHWOOD 21.78 0.025769% 43,140.45 3,595.04 BLAINE 1,396.04 1.651746% 2,765,187.92 230,432.33 BLOOMINGTON 3,038.40 3.594929% 6,018,270.96 501,522:5$ BROOKLYN CENTER 1,047.83 1.239756% 2,075,475.53 172,956.29 BROOKLYN PARK 1,983.50 2.346808% 3,928,791.62 327,399.30 BURNSViLLE 1,$80.91 2.225427% 3,725,587.82 310,465.65 CENTERViLLE 92.fi9 0.109076% 1$2,604.13 15,217A1 CHAMPLIN 611.25 0.723210% 1,210,725.42 100,893.79 CHANHASSEN 691.47 0.8181?_3% 1,369,620.14 114,135.01 CHASKA `~ 789140 0.933991 % 1,563,593.70 130,299.47 CIRCLE PINES 152.10 0.179959% 301,270.0$ 25,105.84 COLUMBIA HE#GHTS 437.52 0.51765$% $66,612.00 72,217>67 COLUMBUS 7.06. 0.008353%" 13,9$4A0 1,165.33 COON RAPIDS 1,993.50 2.35$640% 3,948,598.98 329,049.92 COTTAGE GROVE 739.00 0.874359% 1,463,764.56 121,980.38 CRYSTAL 647.90 0.766573% 1,283,319.43 106,943.29 DAYTON 11.51 0.013618% 22,79$.28 1,899.$6 DEEPHAVEN 167.39 0.198050% 331,555.55 27,629.63 EAGAN 2,222.$0 2.629940% 4,402,781.95 366,898.50 EDEN PRAIRIE 1,676.31 1.983352% 3,320,329.05 276,694.09 EDINA 2,153.7$ 2.548278% 4,266,071.49 355,505.96 EMPIRE TOWNSHIP 54.57 0.064565% 108,088.81 9,007.40 EXCELSIOR 78.69 0.093103% 155,864.19 12,98$.6$ FALCON HEIGHTS 259.36 0.306$66% 513,723.92 42,810.33 FARMINGTON 450:67 0.533217% 892,658.69 74,3$8.22 FOREST LAKE CITY 586.52 0.693950% 1,161,741.$0 96,811.$2 FRIDLEY 1,739.51 2.058128°l0 3,445,511.62 2$7,125.97 GEM LAKE 10.2$ 0.012163% 20,361.98 1,696.83 GOLDEN VALLEY 801;14 0.947881% 1,586,847.55 132,237.30 GREENFIELp 4:14 0.004$98% 8,200.25 683.35. Gr2EENVJOOU 1$.22 0.02.155"l% 36,089.03 3,007.42 HASTINGS 568'.00 0.672038% 1,125,058.55 93,754.88 HILLTOP 27.59 0.032644%____ 5464$.53 4,554.04. -- HOPKfiN5 580.19 0>686461% 1,149,203.73 95,766.98 HUGO 261.78 0.309729% 518,517.30 43,209.78 INDEPENDENCE 9.52 0.011264% 18,856.62 1,571.38 INVER GROVE 712.70 0.843242% 1,411,671.18 117,639.26 LAKETOWN 18.52 0.021912% 36,683.25 3,056.94 LAKEVILLE 1,426.59 1.687$92% 2,825,699.44 235,474.95 LANDFALL 27.43 0.032454% 54,331.61 4,527.63 LAUDERDALE 66.95 0.079213% 132,610.33 11,050.$6 LAKE ELMO 8.33 0.009856% 16,499.54 1,374.96 LEXINGTON 42.88 0.050734% 84,934.00 7,077.83 LILYDALE 24.70 0.029224% 48,924.20 4,077.02 LINO LAKES 344.11 0.407139°!0 681,591.37 56,799.2$ LITTLE CANADA 362.94 0.429418%__ 718,888.65 59,907.39 LONG LAKE 79.00 _ 0.093470% ___ 156,478.21 13,039:$5 --- - _ MAHTOMEDI 164.72 0.194891% 326,266:98 27,1$8.92 -MAPLE GROVE 1,880.70 2.225179% 3,725,171:86 310,430:99 MAPLE PLAIN 76:00 0.089921°!a 150,536.00 ... 12,544.67 MAPLE1Nt70D 1,297.80 1.535512% 2,570,600.33. 214,216.69 MEDICINE LAKE 10.26 0.012139% 20,322:36 1,693.53 MED3NA 1(10.16 0.11$506°l0 198,390.61 16,532.55 MENDOTA 7..90 0.009347°!° 15,647.82 1,303.99 MENDOTA HEIGHTS 452.35 0 535205°/a $95,986.33. 74,665.53 , MiNNEAPOUS 15,409.31. 18:231760%a 30,521,788,72` 2,543,4$2.39 MINIVETONKA .1,8$8.31 2:2341:83% 3,740,245:27 311,687.11 MINNETONKA BEACK 1$,46 0,021841%° 36,564.40 3,047.03 MINNETRtSTA 96.57 0,114258°l0 191,279.76 15,939.98 M011ND 285.$9 0.338255% 566,272.87 4T,1$9.41 MOUNDS VIEW 392.20 0.464037% 776,845:01 64,737.Q8 NEW BRIGHTON 638.40 .:0.755333% 1,264,502:43 105,375.20. NEW HC?PE 652.40 0:771$97% 1,292;232.75- 107,686..06 .NEWPORT 74.78 :7.083477°/a 1~k8,119:rs0' 1i 2,343'.29 .. f~lOR1`H OAKS _ 29,16 0.034501% 57,758:29. 4,81:3.19 NORTH ST PAUL 354.74 0.419716°l0 702,646.60 5$y553.88 (?AKDALE 854;87 1,01:1452% 1,693,272:54 141.,106.05 C3AK PARK HEIGHTS.: 186.95 0.233024%" 390,106:13 321508.84 ORONO 172.34 0'.203907°!0 341,360.20 28,446.6$ OSSEO 68.70 0.081283% 136,076.62 11,339.72 PLYMQUTH 2,385.93 2.822949% 4,725,899,56. 393,824.96 PRIOR LAKE 580.60 0.686946°/a 1,150,015.84 95,834.65 - ~~ RAMSEY 2$2.00 0.333653% 558,567.80 46,547.32 RICHFIELD 1,086.68 1.285722% 2,152,427.16 179,368..93 ROBBINSDALE 398.5$ 0.471562% 789,442.49 65,786.$7 ROSEMOUNT 466.10 0.551473% 923,221.46 76,935.42 ROSEVILLE 1.,181.01 1.397330°10 2,339,270:07 194,939.17 ST ANTHC}NY 253.57 0.300015% 502,255.45 41,854.62 S`f BONIFACIUS 81.94 0.096949°l0 162,301.58 13,525.13 ST LOUIS PARK 1,839.82 2.176811°!0 3,644,199.34 __ 303,683.2$ 5T PAUL 7,347.67 8.693508% 14,553,801.00 1,212,818.75 STPAU~ PARK 160.90 0.190371% 318,700.57 26,558.38 .SAVAGE 6$8.30 0.814373% 1,363,341.20 113,611.77 SHAKOPEE 1,170.50 1.384895°!0 2,318,452.53 193,204.3$ S}-i{pRE1liEW $87:63 1.050213% 1,758,161:48 146,513.46 SHORE~fitCiC3D 2$4.91 0;337096°l0 564,331.75 47,027,65 S(}(,1Ty-1 Sl' ~'AUL 1,222.30 1.446183°la 2,421,054.70 .201,754.56 SPRING LAKE PARK 219.68 0.259918% 435,128.28 36,260.69 SPRING PARK 82.70 0.097848°l0 163,806.94 13,650.58 STILLWATER 717.25 0.848625% 1,420,683.53 118,390.29 1"OIUKA BAY 69.50 0.082230°/a 137,661.21 11,471.77 VADNAiS HEIGHTS 476.57 0.563861% 943,959.78 78,663.31 VIGTE)RIA 228.61 0.270483% 452,816.26 37,734.69 WACC7NA 293.60 0.347377% 581,544.35 48,462.03 WAYZAT'A 171.49 0.202901 % 339,676.57 28,306.38 WEST ST PAUL 677.25 0.801299% 1,341,454.06 111,787.84. WHITE C3EAR LAKE 916.22 1.084040% 1,814,790.75 151,232.56 WHITE BEAR 322.40 0.381452% 638,5$9.57 531215.80 WILLERNIE 20.52 0.024279% 40,644.72 3,3$7.06 WOODBURY 1,718:31 2.033045% 3,403,520.00 283,626.67 TOl'AL 84,519.05 100.00(}000°!0 $167,410,000.00 $13,950,833:33 ~~, ; AAV== CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Meeting ~~-~~ October 22, 2009 Members Present: Fred Wroge; Pat Elliott; and Tom Fitzhenry. Not Present: Debbie Goettel, Mayor; and Sue Sandahl. Staff Present: Steven L. Devich, City Manager; and Pam Dmytrenko, Assistant to the City Manager. The City Council and City Hall Advisory Task Force continued discussion on the project update from Wold Architects, taskforce wrap-up, and ideas for improvement of the taskforce role. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager J Special City Council Meeting Advisory Board/Commission Youth Applicant Interview October 27, 2009 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Sandahl at 5:45 p.m. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted interviews of the following youth applicants for appointment to City Advisory Boards and Commissions: Molly Olson ADJOURNMENT. David Knutson The meeting was adjourned by unanimous consent at 6:00 p.m. Date Approved: Cheryl Krumholz Recording Secretary CITY COUNCIL MEETING MINUTES Richfield, Minnesota Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession October 27, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:04 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; and Cheryl Krumholz, Recording Secretary. Item # I PRESENTATION BY VELMIER COMPANIES OF UPDATED SITE PLAN FOR CVS DEVELOPMENT AT PENN AVENUE AND 66TH STREET (COUNCIL MEMO NO. 174) Community Development Director Stark discussed the background related to the CVS site plan presented in April 2009 by Velmier Companies, including the design standards for Penn Avenue. John Lenander, Velmier Companies, reviewed the updated CVS plan, including relocation of the retaining walls on Penn Avenue and 66th Street to provide a wider and more usable sidewalk area, and the walls being segmented not poured cement. Community Development Director Stark stated the design guidelines set a goal and vision for the area. Previously staff recommended not approving the original site plan because of the pedestrian experience. The revised plan enhances the sidewalk and conceptually staff is supportive. Community Development Director Stark continued that the proposed revised plan estimates the cost of the improvement to the public sidewalk and is contingent upon the HRA or City of Richfield providing 1/3 of the cost. The 2010 Proposed HRA Budget does contain items for Penn Avenue streetscape improvements. and is sufficient to cover costs. Council Member Fitzhenry asked about Hennepin County paying to move the traffic control box. moved. Mr. Lenander replied that Hennepin County told CVS that it is CVS's cost so it is not being Bob Wolfson, property owner, spoke about relocating existing tenants. Community Development Director Stark explained the next steps in the process if CVS wishes to continue with the proposed project. Special Worksession Minutes -2- October 27, 2009 Item #2 PRESENTATION BY MICHAEL DEVELOPMENT AND ST. CROIX REAL ESTATE REGARDING POTENTIAL DEVELOPMENT OF WOODLAKE PLAZA (COUNCIL MEMO NO. 175) Community Development Director Stark explained the developers have created a concept plan for market-rate rental housing development on the current site plus the inclusion of a small HRA- owned property that abuts the Woodlake Plaza. Their financial analysis identifies a funding gap so the developers will be requesting TIF for the project in addition to their own equity. Michael Swenson, Michael Development, discussed the proposed development. Community Development Director Stark stated a similar presentation was made at the October 9 HRA Meeting with positive feedback. Council Member Wroge expressed concern regarding adequate parking because expecting transit use by the tenants does not work. Community Development Director Stark replied that no great analysis has been done until feedback was received on the conceptual design. Mayor Goettel questioned the use of TIF for prime real estate in the City. Community Development Director Stark explained the need for some TIF to have development happen but the eligibility needs to be proven. Council Member Wroge stated the site does not look dilapidated and the inability to rent space may be impacts from road construction. He said he is not willing to support TIF just to get something there. Mr. Swenson explained the area is outdated and is a destination, not a retail center. Council Member Fitzhenry expressed concern for the density of apartments in the area and displacement of tenants. Mr. Swenson stated the project is not feasible without assistance. Council Member Elliott stated the project should be given a fair chance for consideration. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:46 p.m. Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 27, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Kristin Asher, City Engineer; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Lori Grotz, 5513 Park Avenue, Edina, on behalf of her mother who lives at 6214 - 5th Avenue; Neil Selchow, 6218 - 5th Avenue; and Lonnie Birhanzel, 6227 - 5th Avenue, spoke regarding their dissatisfaction with the Metropolitan Airports Commission (MAC) Part 150 Program home insulation and ventilation work done on their homes and the lack of inspection for building code compliance. City Manager Devich stated staff has been working on and meeting with the MAC to address these issues. MAC has indicated their willingness to review the problems and take corrective action. City Manager Devich explained that most cities do not require a permit for installing insulation. Council Member Wroge suggested the City Council consider the requirement of a permit when insulation is installed by a paid professional. City Manager Devich added that the State building code does not require a permit. Council Meeting Minutes -2- PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES October 27,.2009 M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Meeting of October 7 2009 and (2) Regular City Council Meeting of October 13, 2009. Motion carried 5-0. Item #1 SWEARING-IN OF RICHFIELD POLICE OFFICERS BRIAN BATAGLIA AND DUSTIN SCHWARZE Public Safety Director Fritz administered the swearing-in of Richfield Police Officers Brian Bataglia and Dustin Schwarze. Item #2 PRESENTATION BY RICHFIELD SCHOOL SUPERINTENDENT ROBERT SLOTTERBACK This item was postponed. Item #3 COUNCIL DISCUSSION • CANCEL DECEMBER 22, 2009 REGULAR CITY COUNCIL MEETING • HATS OFF TO HOMETOWN HITS M/Goettel, S/Sandahl to cancel the December 22 2009 Regular City Council Meeting. Motion carried 5-0. Council Member Sandahl announced the October 30 ribbon-cutting ceremony for the Lyndale Avenue Bridge over 494. Council Member Sandahl reported on her discussion with Rus George, Richfield Schools, regarding the durability and maintenance of terrazzo flooring in the school's heavy traffic areas. Council Member Fitzhenry acknowledged the Public Works staff's efforts in rebuilding equipment. Council Meeting Minutes -3- October 27, 2009 Council Member Fitzhenry thanked CHAT I, II, and II for their input and direction in the new City Hall project. Council Member Fitzhenry announced the October 31 groundbreaking ceremony for the new City Hall. Council Member Elliott encouraged voting in the November 3 School Board Election. Mayor Goettel acknowledged letters she received from residents regarding fall leaves remaining in alleys and the lack of property maintenance in back yards. City Manager Devich explained communication efforts are underway on these issues to ensure code compliance. Mayor Goettel acknowledged the extra maintenance work by Public Works staff to clean up excessive goose excrement around Richfield Lake. She encouraged people to not feed the geese. Council Member Fitzhenry reported on a recent NOC meeting Item #4 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Sandahl to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance amending Section 705, Subsection 705.01, subd. 3 of Richfield City Code relating to district winter quarter billing for water use and scheduling second reading for November 10, 2009 S.R. No. 203 B. Consideration of approval of resolution authorizing $756,740 internal loan for renovation of Lincoln Fields in multi-purpose facility S.R. No. 204 RESOLUTION NO. 10299 AUTHORIZING $756,340 INTERNAL LOAN FOR BALL FIELD IMPROVEMENTS AT THE LINCOLN FIELDS This resolution appears as Resolution No. 10299. C. Consideration of approval of resolution authorizing $1,291,350 internal loan for energy improvements at Richfield Ice Arena S.R. No. 205 Council Meeting Minutes -4- October 27, 2009 RESOLUTION NO. 10300 AUTHORIZING $1,291,350 INTERNAL LOAN FOR ENERGY IMPROVEMENTS AT THE CITY'S ICE ARENA OPERATION This resolution appears as Resolution No. 10300. D. Consideration of approval of change order #11 to install four shade structure footings in amount of $3,257.10; Lincoln Athletic Complex S.R. No. 206 E. Consideration of approval of award of contract to Keys Well Drilling Company for maintenance on wells #3 and #7 in amount of $47,680 S.R. No. 207 M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT- CALENDAR None. Item #7 PUBLIC HEARING REGARDING RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY S.R. NO. 208 Council Member Wroge presented Staff Report No. 208. Council Member Sandahl stated the administrative fee needs to be adequate to cover expenses and staff time. M/Wroge, S/Sandahl to close public hearing. Motion carried 5-0. M/Wroge, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10301 RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY Motion carried 5-0. This resolution appears as Resolution No. 10301. Council Meeting Minutes -5- October 27, 2009 Item #8 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING APPENDIX D OF RICHFIELD CITY CODE, ESTABLISHING FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS S.R. NO. 209 Council Member Fitzhenry presented Staff Report No. 209. M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2009-19 amending Appendix D of Richfield City Code establishing fee schedule for certain permits and applications that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #9 CONSIDERATION OF RESOLUTION SUPPORTING CONSTRUCTION OF METROPOLITAN COUNCIL RELIEF INTERCEPTOR CONSTRUCTION PROJECT, WHICH INCLUDES RECONSTRUCTION OF PORTIONS OF 75TH STREET, HUMBOLDT AVENUE, 76TH STREET, 11TH AVENUE, 72ND STREET, AND DIAGONAL BOULEVARD S.R. NO. 210 City Engineer Asher reviewed Staff Report No. 210; including the route, timeline, and main elements of the streetscape design. Council Member Wroge questioned why there were no bike trails in south Minneapolis along the reconstructed Nicollet and Lyndale Avenues and Crosstown. City Engineer Asher stated staff would contact Minneapolis and provide an update to the City Council M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10298 RESOLUTION SUPPORTING THE METROPOLITAN COUNCIL RELIEF INTERCEPTOR (1-RF-491 RELIEF INTERCEPTOR) CONSTRUCTION PROJECT WHICH INCLUDES THE RECONSTRUCTION OF PORTIONS OF 75T" STREET, HUMBOLDT AVENUE, 76T" STREET, 11T" AVENUE, 72ND STREET, AND DIAGONAL BOULEVARD Motion carried 5-0. This resolution appears as Resolution No. 10298. Item #10 CONSIDERATION OF RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE, AND DENTAL INSURANCE PREMIUMS FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES S.R. NO. 211 Council Meeting Minutes -6- October 27, 2009 Council Member Sandahl presented Staff Report No. 211. M/Sandahl, S/Wroge that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10302 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES Motion carried 5-0. This. resolution appears as Resolution No. 10302. Item #11 CONSIDERATION OF APPOINTMENTS TO FILL YOUTH TERMS ON CERTAIN CITY ADVISORY COMMISSIONS S.R. NO. 212 Council Member Elliott presented Staff Report No. 212. M/Elliott, S/Goettel to approve the following appointments to fill youth terms on the City advisory commissions: ADVISORY BOARD OF HEALTH Name David Knutson Term Expires August 31, 2010 FRIENDSHIP CITY COMMISSION Name Term Expires Molly Olson August 31, 2010 Motion carried 5-0. Mayor Goettel requested a future agenda item be the consideration of revising the City Council's Health Care Savings Plan contribution. Item #12 CITY MANAGER'S REPORT The City Council scheduled a Special City Council Meeting on November 2 at 5:30 p.m. to have WOLD Architects discuss the recent information received from Orfield Laboratories regarding the design, lighting, and audio visual for the Council Chambers. Item #13 CLAIMS AND PAYROLL M/Wroge, S/Elliott that the following claims and payrolls be approved: Council Meeting Minutes -7- October 27, 2009 U.S. BANK 10-27-09 A/P Checks: 189520 - 189956 PAYROLL 61659 - 61977; 41458 $ 1,448,750.93 $ 499, 598.35 TOTAL Motion carried 5-0. OPEN FORUM None. $ 1,948,349.28 Mayor Goettel stated the City Council will be going into closed session. City Attorney Heine stated that there is a need for confidentiality to discuss the pending litigation regarding condemnation award for taking at 7745 Lyndale Avenue South, in connection with the Lyndale Bridge Project and there would be no need to reconvene in the open meeting. By unanimous consent the City Council left the Council Chambers at 8:12 p.m. to conduct a Closed Executive Session in the Executive Conference Room. Item #14 CLOSED EXECUTIVE SESSION IN CITY HALL EXECUTIVE CONFERENCE ROOM TO DISCUSS PENDING LITIGATION REGARDING CONDEMNATION AWARD FOR TAKING AT 7745 LYNDALE AVENUE SOUTH, IN CONNECTION . WITH LYNDALE BRIDGE PROJECT The Closed Executive Session was called to order by Mayor Goettel in the Executive Conference Room at 8:16 p.m. Members Present: Debbie Goettel, .Mayor; Sue Sandahl; Pat Elliott (left at 8:29 p.m.); Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Kristin Asher, City Engineer; John "Mac" LeFevre, City Attorney; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. The Closed Executive Session was convened pursuant to M.S. 13D.05. The City Council meeting was adjourned by unanimous consent at 9:28 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting Closed Executive Session November 2, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:00 p.m. in the Council Chambers. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; Kristin Asher, City Engineer; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. Mayor Goettel stated the purpose of the meeting was to discuss pending litigation regarding the condemnation award for taking at 7745 Lyndale Avenue South, in connection with the Lyndale Bridge project. City Attorney Heine stated that a Closed Executive Session was necessary to discuss the condemnation commissioner award and absolute confidentiality of attorney-client information was needed. The Closed Executive Session will adjourn in the Executive Conference Room. The Closed Executive Session was called to order by Mayor Goettel in the Executive Conference Room at 5:02 p.m. The Closed Executive Session was convened pursuant to M.S. 13D.05. The Closed Executive Session was adjourned by unanimous consent at 6:00 p.m. in the Executive Conference Room. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: Consent AGENDA ITEM # 6A REPORT # 213 ~~- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: MANAGER: MELISSA POEHLMAN, CITY PLANNER ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the request for a subdivision waiver which would allow division of 6841 Grand Avenue into two sin le-family lots. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a subdivision waiver for 6841 Grand Avenue. II. BACKGROUND The applicant is seeking to split an existing 100-foot wide single-family residential lot into two 50-foot wide lots. The current lot was originally platted as two separate lots. Those lots were combined at some point in the past to create the current 100' x 123' lot. City approval is not required for the combination of parcels; however, it is required for the subdivision of land. While the proposed lots do not meet current minimum lot size requirements, they are in keeping with much of the surrounding neighborhood and the Council has the authority to approve the split. III. BASIS OF RECOMMENDATION A. POLICY • Normally, any division of or re-division of land requires that a plat or re-.plat be filed. 111009 6841 Grand Subd Waiver Platting requirements for the subdivision of land may be waived when compliance with regular platting requirements will result in unnecessary hardship and failure to comply does not interfere with the purpose of the platting regulations. B. CRITICAL ISSUES • The property is zoned R -Single-family residential. Minimum lot requirements and dimensions of the proposed lots are as follows: o Required area: 6,700 sq. ft. Proposed: (1) 6,144 sq. ft. (2) 6,149 sq. ft. o Required width: 50 ft. Proposed: (1) 49.85 ft. (2) 50.00 ft. o Required depth: 100 ft. Proposed: (1) 123.14 ft. (2) 123.14 ft. • Surrounding lots in the neighborhood range from approximately 6,150 square feet to 6,400 square feet. The newly created lots would not be out of character for the neighborhood. • In order to meet setback requirements, modifications will be required to the existing structures. Staff proposes and the owner has agreed to making the required modifications as a condition of approval. • The existing deck on the north side of the house is approximately two feet from the proposed new lot line. The deck must be modified or removed to meet the required four-foot setback for uncovered porches in side yards. • The existing garage is 0.95 feet from the proposed new lot line. The garage must me removed or moved to meet the three-foot side yard setback for a detached garage located entirely five feet behind the principal structure. • Staff recommends that approval be contingent upon completion of these modifications. When a new house is constructed on the northern lot, the owner will need to install all utilities (connect to the main) as there are no existing. water or sewer stubs. C. FINANCIAL • The required application fee has been paid. D. LEGAL • No legal notice is required; however, the Community Development Department sent notice of the request for a Subdivision Waiver to residents and property owners within 350 feet of the property. • 60 DAY RULE: The 60 day `clock' started when a complete application was received on October 15, 2009. A decision must be given to the applicant by December 14, 2009 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS • N/A ' IV. ALTERNATNE RECOMMENDATION(S~ • Deny this Subdivision Waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties V. ATTACHMENTS • Resolution Certificate of Survey Surrounding area maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Tim Springer, property owner ~(/I '~~. RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 6841 GRAND AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 6841 Grand Avenue, legally described as: Parcel A: Lots 11 and 12, Block 1, WOODDALE ADDITION, Hennepin County, Minnesota and reserving easements of record. WHEREAS, the applicant proposes to divide the above-described Parcel A into two parcels, legally described as: Parcel One: Lot 11, Block 1, WOODDALE ADDITION, Hennepin County, Minnesota. Parcel Two: Lot 12, .Block 1, WOODDALE ADDITION, Hennepin County, Minnesota. WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted; 2. This waiver is subject to the following condition: • That following the approval of the necessary permits, the existing uncovered porch and detached garage are modified and/or moved to comply with setback requirements. 3. City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of November, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 111009 6841 Grand Subd Waiver Surveyor's Certificate SURVEY FOR :Tim sprtnger DESCRIBED AS :Lot 11 & 12, Block 1, WOODDALE ADDITION, City of Richfield, Hennepin County, Minnesota and reserving easements of record. Proposed Lot 11 Block 1, Wooddale Addition Proposed Lot 12 Block 1, Wooddale Addition ,, .. i ii i i s 845, j Exst. i Hae I I Drlvewoy as Elm 846.0 _______. -x'--- S88o57~19"W~123.17 845.5 8 45. 5 J0 t4.t ' ------- ~~14" a arv s ~ r! i 845.4 o I m :° m ,/~ I ~ , ~ 6"Walnut 844.8 OO W I eas.2 W w B ~' ,4 Ngg°01'54 E 14 ' ~ ~ r------~ 48"Maw i I~ ' i ~ t0 ~ ' ~------~-_ I ' 1 r' eases' a~7 ~ 845'0 ~ ~ . i i I i ~ ~` V o Exat. o ~ Hse 3.16-~~- i s"Mae f,097 sq ~ i , ~ sa s. ~ _ ---ate' eas.4 - tas _- ~----- eaa. s N 88° 56 25 E 123.11 Bas 3 n.a~ ~ r------aa~ n Exst. Hse 847.4 I'H TNH® 847.49 14 >z Z 16'A ~ O 0 rn 845' IW 845 9 8~•0 I ~ I ~~~ I CO 848,4 - 845.9 N I DrlBlt oy 7 LOT > 1111 14 845.2 845.4 ~.. i i i i i~ i ® 847.2 ' FLCB 843.4 LOT SQ. FOOTAGE =6,144 LOT 11 LOT SQ. FOOTAGE =6,149 LOT 12 EXISTING ELEVATIONS .`c~;; ~ °• _ ,, ~.: BENCHMARK, . ~ Top of Foundation =848.5 _ '?`~~c3h~l~~us=~-: ~'-~: = ~ -, , L.~fl~P, - TNH ®68 th. & Grand Gorage Floor =N/A ~URV; y{u - Elev = 851.74 ~ " Basement Floor =N/A . , G' ~ ' ; Aprox. Sewer Service =Verify ';; ;} ,• 7'b;;".;~,: ~,4_ ` Proposed Elev. = 0 " , ~<, MIN. SETBACK REQUIREMENTS °•.... ..~•~ ~~ Existing Elev. _ ' , _:~ t~tfc€~' ~~~`' '' "`'"`"~ Drainage Directions = Front - 30 House Side - 5 Denotes Offset Stake = SCALE: t Inch - 3o feet Rear - 25 Garage Side- 5 JOB N0: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION 06R-036 HEDL UND OF THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND DOES NOT PURPORT TO BOOK: PAGE: PUNNING SNGIN88RING SUItV6YING SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS ~HOWN. 2005 Pin Oak Drive ' J ~ ~ ~ Eagan, MN 55122 DATE /~ CAD FlLE: Phone: (651) 405-6600 Y tJNDGREN, LAND RVEYOR MISC-06 Fax: (651) 405-6606 TA LICENSE NUMB 14376 -3 6841 Grand Ave - Subdivsion Waiver 11/09 Surrounding Zoning R R R R R R R R R R R R R R R R R R R R R R R R R R j R W ~ W R R R W R R ~ Q Q Z R R R ~ ~ R ~ R R Q R R (~ ~ d R R R R R R 69TH STREET R R R ~ R R M R R R R R R R R R R R N 0 45 90 180 270 360 R -Single-Family Residential Feet I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\6841 Grand - Zoning.mxd ~A-~( 6841 Grand Ave - Subdivsion Waiver 11/09 Surrounding Land Use RES RES RES RES RES RES RES RES RES RES RE RES RES RES RES W RES W ~ ~ W RES Z RES RES ~ W Q Q Z RES ~ ~ RES RES RES Q C~ ~ RES RES RES RES 69TH STREET RES RES RES o RES RES M RES S RES RES RES RES RES RES RES RES RES RES N 0 45 90 180 270 360 RES -Single-Family Residential Feet I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\6841 Grand- Land Use.mxd RES ES RES .RES S RES RES RES RES RES RES RES RES, RES RES RES RES RES RES RES AGENDA SECTION: AGENDA ITEM #. REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 Consent 6B 214 CORRINE HEINE, REPORT PREPARED BY: ,~.,<,~'',,r,<,~<,~,-,.,<, NAME, REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution approving summary publication of an ordinance amending A endix D to the Cit Code. I. RECOMMENDED ACTION: By Motion: Adopt a resolution approving summary publication of an ordinance amending Appendix D of the Richfield City Code establishing a fee schedule for certain permits end applications. II. BACKGROUND Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by ordinance. On October 27, 2009 the Council adopted Bill No. 2009-19 amending fees for certain permits and applications. Section 3.12 of the Richfield City Charter provides for the Council to approve the summary publication of an ordinance in situations where the cost of publication is not justified and the public can be adequately informed by a summary as to the intent and effect of the ordinance. III. BASIS OF RECOMMENDATION A. POLICY • In instances where the text of an ordinance is cumbersome and costly to publish, summary publication is justified if the summary provides - adequate information to the public. 1110AppendixD B. CRITICAL ISSUES • N/A C. FINANCIAL • Summary publication reduces the publication expenses of the City. D. LEGAL • The City Attorney .prepared the proposed resolution. _ E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ `. • Do not approve the recommended resolution. However, if the recommended changes are not approved, the ordinance will not be effective until it has _ been published in its entirety. V. ATTACHMENTS • Resolution _ VI. PRINCIPAL PARTIES ExPECTED AT MEETING • None. (P~'I RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2009-19 WHEREAS, the City has adopted the above. referenced ordinance; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2009-19 AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS On October 27, 2009, the Richfield City Council adopted an ordinance designated as Bill No. 2009-19, the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance adopts a fee schedule for certain .permits and approvals related to construction, land use, utilities services and certain fire services. The ordinance increases certain fees relating to HVAC. It also increases fees water service turn-off and on and meter replacement, for site plan review, conditional use permits, interim use permits, planned unit developments, comprehensive plan amendments, and for commercial wireless telecommunication permits. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by .calling 612-861-9760 of the Community Development Division. Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of November, 2009.. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # E)C REPORT # 215 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER IVdAAF TAT/.F DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of closing of the Community Development Block Grant (CDBG) Fund and return of the residual assets to Hennepin County. I. RECOMMENDED ACTION: By Motion: Approve the closing of the Community Development Block Grant (CDBG) Fund and return of the .residual assets to Henne in Count . II. BACKGROUND The Community Development Block Grant Fund (CDBG) was financed by federal grant funds administered by Hennepin County. The CDBG Fund provided funding for the Basic Sliding Fee Child Care Assistance Program (Program) which was originally administered by Greater Minneapolis Day Care. In July 2006, the Jewish Family and Children's Services of Minneapolis (JVS) was awarded the Hennepin County contract to administer the Program. During 2007 Hennepin County reported that there was no longer a need for the Program within Richfield as there were no applicants. Accordingly, JVS, unsure if they were going to be able to spend the allocated CDBG funds for the Program, agreed to return the use of the CDBG funds to Hennepin County to be reallocated for other programs within Richfield. There has been little of no activity in the fund since 2006 and it would be appropriate to close the fund and return the residual assets to Hennepin County. Hennepin County has stated that the residual assets of the fund must be returned to Hennepin County. However, once returned, they may be reprogrammed to an existing City program. III. BASIS OF RECOMMENDATION A. POLICY • The City's financial policies do not directly address the closing out of accounting funds. • A basic principle of government accounting states that a government should use the least number of individual funds possible, consistent with its particular circumstances. B. CRITICAL ISSUES • N/A C. FINANCIAL • The balance of residual assets to be transferred to the General Fund is $8,894.56. • The source of the CDBG residual assets is federal grant funds. • Due to the source of the residual assets, the assets will need to be returned to Hennepin County which administered the Program. • Hennepin County will allow the reprogramming of the funds to the City of Richfield's existing Affordable Housing Acquisition Fund. D.. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: Consent AGENDA ITEM # E)D REPORT # 2 ].6 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, PUBLIC WORKS OPERATIONS MANAGER -PARKS & FLEET NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Approve a change order to Gundlach Champion fora $247,555.02 reduction to close out the Public Works Maintenance Facility Pro'ect. RECOMMENDED ACTION: By Motion: Approve a change order (#10) to Gundlach Champion to adjust the contingency to zero, close out the general conditions and insurance line items for a net reduction of .$247,555.02. II. BACKGROUND . The City took occupancy of the new maintenance facility in June of 2008, and since then has gone through the process to assure the building meets construction specifications. Staff and the Construction Manager, Gundlach Champion, have completed this process, and are now ready to close out the project. The $12,908,500 project came in $247,555.02 under budget. Staff has a few minor changes to the building that staff will pursue in 2010. These changes are out of the scope of the project and its specifications. The possible changes include further balancing of the heating system on very cold days and adjusting the bottom of the rain garden to allow better percolation. These changes would be paid for out of a revised 2010 operating budget. Change Order #10 fo Gundlach Champion will adjust the contingency to zero, closing out the general conditions and the insurance. er 111009changeorder#10 III. BASIS OF RECOMMENDATION A. POLICY • The Council must approve change orders to Council approved contracts. B. CRITICAL ISSUES • Approving change order #10 will close out the Public Works Maintenance Facility Project before the year-end budgeting process. C. FINANCIAL • The total project budget approved by the Council for the building is $12,908,500.00. • The approved total construction budget is $11,580,000.00. • The budgeted funding sources from the utility funds will be reduced in conjunction with the budgeted reduction in costs. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the change order if more documentation is requested. V. ATTACHMENTS • Financing Spreadsheet • Change Orders VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~ Ir CITY MAINTENANCE FACILITY ESTIMATED SOURCES AND USES Sources Utility Funds-Water Sewer Storm Sewer Central Garage fund Capital Project Funds -Cap Impr. Reserve PS Cap Projects PIR Fund Land Purchase(General Fund Transfer) Bond Financing (Net amount) Uses Estimated Cost of Facility Land Purchase Total Bond to be Issued Estimated Repayment of Bonds Land Sale Proceeds Debt Service Tax Levy Budget 460,040 3,301,100 600,000 747,830 2,781,360 60,170 300,000 100,000 4,558,000 12,908,500 12,808,500 100,000 12,908,500 4,705,000 1,405,000 3,300,000 4,705,000 111009changeorder#10 GUHDLACH CHAMPION Altogether Different' ~~~ 600 E Lakeshore Dr • Suite 300 • PQ Box 278 • Houghton, Michigan 49931 7e1. 906.482.2480 • Fax 906.482.8862 • www.gcfirst.com CHANGE ORDER Owner: City of Richfield Change Order No.: #010 Construction Manager: Gundlach Champion, Inc. Change Order Date: 4-29-09 Project Description: Adjust contingency to zero, close out general conditions and insurance line items. Section I. Describe the Work: Section 11. 1. ADJUSTMENT TO BUDGET Original Budget x,11,580,000.00 Previous Change Orders #1 through ~ $ ~ 0.00 This Change Order $ (247,555.02 New Budget X11,332.444.98 2. ADJUSTMENT TO CONTINGENCY Original Contingency $ 764,270.00 Previous Change Orders #1 through f19 $ 1577,336.99) This Change Order $ t186,933.01~ New Contingency $ 0.00 3. ADJUSTMENT TO CONTRACT TIME X Contract Time is Unchanged ^ Contract Time is Adjusted Original Date of Substantial Completion 6120/08 Previous Change Orders #1 through #5 0 days This Change Order 0 days New Date of Substantial Completion 6/20108 Upon execution of this document by both parties, the Agreement is modified by, but only to the extent of, this Change Order, which becomes a part of the Contract Documents and is subject to the terms and conditions of the Agreement. Gundlach Champion, Inc. is directed to make the change in the work described above. Gundlach Champion, Inc. shall keep accurate records of the services, labor and materials used to pe-forrn the described Work and shall include the cost of such change in its next application for payment in a separate line item. GUNDLAC CHAMPION, INC. Title: Kathleen Hainault. VP Administration Date: 4129/09 ARCHIT CT: By: Title: Sta Ow s Pro a Re - SEH Inc. Date: R7~ OWNER: By: Title: Debbie Goettel, Mavor Date: OWNER: By: Title: Steven L. Devich. City Manager Date: :hange Order # 10 -Status Worksheet 2ichfield Public Works Facility -Project # 07-015 " W29/09 RESPONSIBLE SCHEDULED AMOUNT AMOUNT THIS PERCENT ITEM # PCO # DESCRIPTION CONTRACTOR VALUE PREV. BILLED APPLICATION COMPLETE 1 Zero out general conditions line item 001 Gundlach Champion $ (43,789.39) $ - $ - 2 Zero out insurance line item 030 Gundlach Champion $ (16,832.62) $ - $ - 3 Zero out contingency line item 031 Gundlach Champion $ (186,933.01) $ - $ - Change Order Number 10 Total Value $ (247,555.02) $ - $ - W Gundlach Champion, Inc. Page 1 of 1 AGENDA SECTION: Consent AGENDA ITEM # 6E REPORT # 2 j 7 ~~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: d d ROBERT HINTGEN, UTILITIES SUPERINTENDENT NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of approving Richfield's Water Supply and Distribution Plan. I. RECOMMENDED ACTION: By Motion: Approve the Water Supply and Distribution Plan for the Utility Division of the City of Richfield. II. BACKGROUND The City's Water Supply and Distribution Plan was completed in the late 1990's and requires updating every ten years. It is mandated by the Minnesota Department of Natural Resources and is intended to provide a comprehensive improvement program to meet the near-term and ultimate water supply needs for the City of Richfield, based on the City's anticipated land use plan. Specific objectives are as follows: • Revise the existing and proposed trunk water main system in accordance with present planning. • Determine the ultimate water demands expected within the City and production capacity and storage required to meet these demands. • Hydraulically analyze the existing and ultimate system to identify weaknesses and propose solutions to ensure adequate operating and residual pressures. • Determine near-term supply and storage needs in order to allow sufficient lead time for the addition of facilities to the system. 111009WaterSupply 1 Optimize supply, treatment, storage and distribution combinations to develop an economical and energy-efficient ultimate water system. Develop preliminary cost estimates for supply, storage and distribution to form a basis for a suitable financing program. Determine the feasibility of making emergency connections to the Minneapolis Water System. This plan was developed by the Engineering Firm of Bonestroo and has been reviewed by the Metropolitan Council of Environmental Services as part of the Citywide Comprehensive Plan. The approval of this ten-year plan keeps our annual appropriation permit through the Minnesota Department of Natural Resources in good standings and allows the Richfield's Water Utilities to be in compliance with their regulations. The capital improvements that are identified in the plan will be reviewed as part of the annual budget preparation process. III. BASIS OF RECOMMENDATION A. POLICY • The Richfield Water Utility operates under the rules and regulations established by the Minnesota Department of Health and Minnesota Department of Natural Resources. • The proposed Water Supply and Distribution Plan must be approved by the City Council prior to implementation. B. CRITICAL ISSUES • To be in compliance with the Minnesota Department of Natural Resources the City is required to implement this Water Supply and Distribution Plan. C. FINANCIAL • The implementation of this plan has no impact on the City's finances. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council can choose to reject the plan, however this is a mandatory plan, directed by the Minnesota Department of Natural Resources. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 6F REPORT. # 218 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: CHRIS LINK, OPERATIONS MANAGER STREET/FORESTRY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: .ITEM FOR COUNCIL CONSIDERATION: Consideration of a proposal from SEH, Inc. for the purchase of Cityworks and initial implementation of a new asset management software system. I. RECOMMENDED ACTION: By Motion: Approve the purchase and initial implementation of City Works, an asset management software system, from SEH- Inc. not to exceed $65,000. II. BACKGROUND With the recent reorganization of the Public Works Department, which reduced supervisory positions, staff has been investigating alternative methods to manage all aspects of their jobs, specifically asset management and cost analysis. Previously costs were tracked using a software program (Datastream/MP2) that is no longer supported and consequently being phased out. City Works is a GIS based asset management software system that will assist managers with asset management and cost analysis functions. The software purchase. is included in the 2009 Public Works Budget. Work Management City Works assists with asset management by tracking resident requests, generating work orders, and attaching this information to a specific asset and or street address. Examples of assets are water and sewer lines, manhole structures, catch basins, fire hydrants, trees, and street lights. Upon completion of the work 111009Cityworks order, all pertinent information is imported to the specific asset thus creating a permanent history of the asset. This will aid in determining future maintenance schedules of the assets. Currently, Public Works staff has no software that tracks resident requests, generates work orders, or has any type of real-time history of each asset. Everything is kept in paper format. Cost Tracking Upon work order completion and importing data to the asset, the cost of that task can be tracked. With this information managers can determine future, short or long term maintenance needs. Currently this information is not readily available. Each manager tracks maintenance items by visual inspection and then schedules maintenance accordingly. Increased Reporting Capabilities As information is added to each asset, City Works has the capability to generate reports for each asset. Reporting requirements have become more stringent with many agencies that are in cooperation with the City of Richfield. These agencies include: the Metropolitan Council of Environmental Services, the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and the various watershed agencies that dissect the City. Initial Implementation The initial implementation of City Works, will allow resident requests to be tracked for all divisions of Public Works. Work orders, however, will be generated only within the Utilities Division. As more assets are added to the system, other divisions of Public Works will be able to utilize the full capabilities of City Works. III. BASIS OF RECOMMENDATION A. POLICY • Purchases over $25,000 require City Council approval. B. CRITICAL ISSUES • The previous cost analysis system is no longer supported and is being phased out. • The Public Works Department currently does not have a work management software system. • The reporting requirements for various activities, especially storm sewer, have become increasingly stringent. City Works will improve reporting these activities. • With reduced Public Works supervisory staff, updated technology can provide better access to management information. C. FINANCIAL • The cost for initial implementation has been approved in the Revised 2009 Budget: • -Line item 51000-6103 $1.0,000 • Line item 52000-6103 $50,000 • Line item 53000-6103 $ 5,000 D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the purchase. V. ATTACHMENTS • Proposal from SEH Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None r f~ 6F-1 SEH October 18, 2009 RE: City of Richfield Professional Services SEH No. 102385-RICHE P-CITYWORKS Mr. Chris Link City of Richfield 1901 E.66~' St Richfield, Minnesota 55423 Dear Chris: The City's Public Works Department is responsible for overseeing the design and maintenance of all City buildings and infrastructure. The City's Utility Division staff helps provide and maintain a safe water supply and responsible disposal of waste water to the City's 34,000 residents every day. In addition, the City provides answers daily to its residents questions about trees, parks, snow clean up, street lightening, foreclosed homes as well as many other questions: SEH is pleased to submit this proposal to support the implementation of Cityworks asset management system to support the City of Richfield's Public Works Department. with its citizen service response and workorder management. Cityworks is aGIS-centric asset maintenance management system, and will work directly with the City's current GIS system, allow staff to map, track-and report the status of resident's service requests, city emergency repairs and annual work planning. While the initial implementation of Cityworks is within Public Works, the system is fully capable of including additional department if a need is identified. Pr©,iecf Unders~and~ng Asset management is about making the right decisions to repair or replace equipment, assessing the risks concerning when or where to replace, -and prioritizing all work within the system for budgeting and forecasting. To do this effectively, the City utilities must: • Have a solid inventory of actual assets • Know where assets are located in relafion to their environment • Know the condition of assets • Decide what actions are needed to optimize costs and reliability (often a choice between maintaining and replacing) • Manage citizen service requests, respond, and track and report the status of response to requests. In preparation for this submittal, we met last year with utility City staff,. and identified the need to update the utility GIS data prior to implementing an asset management system. To date we have upaaied your sanitary sewer utility GIS. In addition, the City identified a future opportunity to replace the outdated Hansen system with a newer more robust system that will better support current and future needs. Based on this information, we worked with staff and identified Cityworks as the asset management system of choice. The City's water,.storm water, streets and parks GIS will be brought into the system as the data becomes available. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer ~ wwwsehinc.com ~ 651.490.2000 ~ 800.325.2055 ~ 651.490.2150 fax r Mr. Chris Link October 18, 2009 Page 2 ~~'2- Scope ©f Sen~ices Our approach will maximize City resources, avoid delays, and accelerate the time to implement the GIS- centric Cityworks technology. Earlier this year, SEH conducted a Technology review with your IT department to determine if current hardware and software on the .initial six Cityworks users would meet the requirement of the implementation. It is our understanding the City already has in place SQL Server and the network, but will need to upgrade 3 copies of ArcGIS to the current version at a cost of $1400, and to add two copies of ArcEngine $800. For the implementation, the City should plan to provide a dedicated resource to SEH who will act as our interface to the City, and accommodate the project's needs. Tasks 1. SEH hosts project implementation kick off meeting at client site to review implementation plan and project scope 1.1. Review implementation plan with City supervisors and other project resources 1.2. Review proposed ArcGIS Geodatabase design for water and storm with staff and GIS. 1.3. Provide configuration guide that details the information .needed for the configuration of the system, including Excel spreadsheets formatted to match the Cityworks database. These spreadsheets will allow for the conversion of data (i.e. materials, employees, equipment) from existing systems into Cityworks. The work order and service request printout forms-are configured to address the City's identified and specific needs. 2. City to order Cityworks software and ArcGIS software 2.1. Cityworks software is ordered- from Azteca systems- Cost $27,4700 2.2. ArcGIS software (3 upgrades and two ArcEngine licenses) ESRI-$2,200 2.3. SEH to work with City IT department for Cityworks software configuration on six identified computers within public works department- and on City Server= Cost $5,000. 3. Initial Cityworks database design and review using information provided by City. SEH will provide formatted excel spreadsheets to staff to assist in the proper development of information input. Cost $25,000. 3.1. Information input includes: employees, materials, equipment, work order templates, problem codes, and table codes, and residential database (from utility billing). 3.2. Service Request form and workorder form for sanitary sewer workorder (inspection, jetting and televising. 4. Final Cityworks software and database installation 4.1. Final Geodatabase installation 5. Training (Cityworks remote interactive training) -City to provide computers and live Internet connection for training. SEH project manager facilitates training each day. Cost $5,000 as follows- 5.1. Introduction to Cityworks Part l .Half day session cost: $300 per person 5.2. Introduction to Cityvvorks Part 2. Half day session cost: $300 per person 5.3. Additional training requirements next year Cityworks Administrative Training- identify staff member for administration role.. 6. Coaching and roll-out support. Once Cityworks is on-line and staff has been trained, SEH can provide additional on-site Cityworks support in order to assist users as they encounter day-today business transactions. The purpose of this additional support is to work with Cityworks users on an individual balls to diSC+V VGr and resviVC art j% %vrut~uiau3u iS~ueS, oveivvm~ tra~~~~g is^ySes, and manag° ?.;.y procedural changes. Costs for coaching and roll-out support are not included in this initial contract and will be invoiced at an hourly rate based on time and materials. ~ F_ 3 Mr. Chris Link October 18, 2009 Page 3 Schedule SEH is prepared to begin work on this project immediately after receiving notice to proceed. We estimate the water and storm Geodatabase will be completed approximately five weeks from the start of the project, and the Cityworks database within 10 weeks of notice to proceed. Budget This project will be conducted on an hourly rate basis ($140 per hour for Cityworks Project Manager\Database Administrator and $110 per hour for GIS Analyst). We anticipate a fee not to exceed $65,000 for outlined Cityworks implementation; unless we are directed by City staff to perform additional requirements outside of this scope of work. Completion will provide the City of Richfield one system for Public Works Department work orders and citizen service requests. C~~ 't}-~"~-ls erg icc Reclu ~~I 3~p e ~ Cityworks Training $5;000 `fotal ~6~,6'J3` __. '~*T'rairiing is provided by Azteca Systems via interactive web training, and onsite mentoring provided by the SEH Project Manager. Cost for training is $300 per person for each session. The City is required to provide a training room, computers, Internet connection.and conference phone for each training session. All computers must be loaded with the applicable software and training data. prior to scheduled training session. Beneifts The City will realize many benefits by implementing Cityworks, including more effective, efficient operations, visualization of work and assets, productivity monitoring, improved. record-keeping and retrieval, and reduced liability. Information will be shared across multiple departments, citizen requests will be captured, directed to the appropriate department, response tracked, mapped, monitored and reported. Workorders will be generated, capturing labor, materials and vehicle costs associated with maintenance and - monitoring of infrastructure. Maps and associated reports will be generated to support requirements of MCES, MPCA, DNR, and other reporting agencies. ;~rcGi~ I'pb ades ~-.-=~~ SQL .Server\Software. Configuration $5,000 }' , 1VIr: Chris Link October 18, 2009 Page 4 ~~- Notice to Proceed To authorize SEH to proceed with this project, please sign below and return one copy for our file. We will begin work immediately upon receiving notice to proceed and will complete this project within amutually- agreed-upon schedule. Chris, please contact me with any questions .or requests for additional information. I can be reached at 651- 490-2148, or via email at rblue~a sehinc.com. We look forward to working with you on this important project. Sincerely, /~~ y~ ~~~""",-, ~~~~~ ebecca L. Blue SEH Director of GIS Services Accepted this day of , 2009. CITY OF RICHFIELD, NIINNESOTA By: Title: AGENDA SECTION: CONSENT AGENDA ITEM # 6G REPORT # 219 ~~- STAFF REPORT CITY COUNCIL MEETING NOVEMBER lU, 2~U9 REPORT PREPARED BY: :TIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Contract Change Order #12 for the Renovation of Lincoln Athletic Complex. I. RECOMMENDED ACTION: By Motion: Approve Contract Change Order #12 to install additional border curbing, and sub-grade excavation for the play equipment container in the amount of $2,792.90. II. 'BACKGROUND The City of Richfield authorized a contact with Ebert Construction Inc. on June 23, 2009 for the renovation of Lincoln Athletic Complex. Staff is recommending Council to approve Contract Change Order #12 to provide additional concrete curbing and to excavation as preparation for the installation of play equipment at a coast of $2,792.90. The project includes a shade structure and play equipment to be installed in the middle of the complex near the concession building. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate for City Council to review and approve contract change orders which are additions to the project contract. B. CRITICAL ISSUES 1027 Lincoln Athletic Complex Change Order #11 • The Contractor is under a time constraint to complete the project on a timely basis in order to accommodate use as soon as possible for the next season. C. FINANCIAL • If approved; the two contact change orders will change the contract for Ebert Construction as follows: Base Bid, Alternates and previous approved change orders $1,012,444.10 Change Order #12 $ 2.792.90 New Contract Amount Cost $1,015,237.00 • Funding for the remainder of this project will be in the form of an internal loan to the City's recreation fund, paid back from future proceeds from City liquor store operations, the same manner that the City financed the outdoor pool renovation in 2003. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Change Order #12 VI. PRINCIPAL PARTIES EXPECTED AT 1VIEETING • None E3~~T OONSTRUCTION (fJ~ ~ ~ 23350 County Road 90 Corcoran, MN 55357 Ph :763-498-7844 To: Kevin Busch Busch Architects Inc Suife 5Q1 2402 Univarsify Ave W St Paul, MN 55114-1745 Ph: (651)645-6675 Fax: (651)645-8071 Description: Playground Change Proposal Number; 12 Date: 1 t/3/09 Jab; 6520 Lincoln Athletic Complex Phone: We are, pleased to offer the following specifications and pricing to make the fallowing changes: Revise playground curb type and location, change sand to a depth of 3" and add geo fabric. Not included:, Pfay structures, shade structures, shelter footings (foo#ing price provided on C.P. #11), fumble safe wood mulch and anchor bolts. The total amount to provide this work is ........................................................................................... ~...... $2,792.9Q (Please refer to attached sheet for details.) if you have any questions, please contact me at (763)498-7844. Submitted by: Steve Jones Approved by: Ebert Construction, Inc. Date: Cc: Page 1 of 2 .................................. +~3~~T CDI~lSTR17CTIDN pescripfian: Playground '' pZ 23350 County Road '!0 Corcoran, MN 55357 Ph :763-498-7844 Change Proposal 12 Price Breakdown Continuation Sheet Description Labor Material Equipment Subcontract other Price Surveying ~ ' $360.00 $360.00 Earthwork $600.00 $600.00 Curbs & Gutters $1,279.00 $1 279 00 Project Management $150.00 , . $150.00 Project Superintendents $150.00 $150.00 Subtotal: $2,539.t;t) $2,539.00 10.00°!0 $253.90 Total: $2,7$2.90 Page 2 of 2 AGENDA SECTION: Consent AGENDA ITEM # GH REPORT # 22U STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: BETSY OSBORN ,SUPPORT SERVICES ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2010 ', for Metro Pawn and Gun, Inc. and University Cash Company, LLC d/b/a Avi's Pawn and Jewel I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 8, 2009, for the renewal of pawnbroker and secondhand goods dealer licenses for 2010 for: • -Metro Pawn and Gun, Inc.; and, • University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on January 1, 2010. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 8, 2009 will provide ample time to complete the licensing process before January 1, 2010. 1110 Set PH for Pawnbrokers & Second Hand Goods License Renewals MANAGER NAME, TITLE III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENT CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # fiI REPORT # 221 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2010 for: Red Pepper Chinese Restaurant; Thompson's Fireside Pizza; Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Patrick's Bakery & Cafe; Lariat Lanes; and, The Noodle Shop -Colorado, Inc., d/b/a Noodles and Company. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 8, 2009, for the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2010 for: • Red Pepper Chinese Restaurant; • Thompson's Fireside Pizza; • Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; • Patrick's Bakery & Cafe; • Lariat Lanes; and, . • The Noodle Shop -Colorado, Inc. d/b/a Noodles and Company. II. BACKGROUND The on-sale wine and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on January 1, 2010. Hearings must be scheduled and held before a renewal license may be considered. 1110 Set PH for On-Sale Wine & 3.2 Malt Liquor License Renewals BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE The renewal process has been initiated. Holding the public hearing on December 8, 2009 will provide ample time to complete the licensing process before January 1, 2010. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # (jJ REPORT # 222 ~~' STAFF-REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NanrE, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2010 for Khan's Mongolian Barbeque, Champp's Operating Corporation d/b/a Champp's Restaurant, Minneapolis-Richfield American Legion Post 435, Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink, Don Pablo's Operating Corporation d/b/a Don Pablo's, Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, The Frenchman's, EI Tejaban Mex. Grill, and Jun Bo Chinese Restaurant, and settin date of public hearin I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 8, 2009, for the renewal of on-sale intoxicating and Sunday liquor licenses for 2010 for: • Khan's Mongolian Barbeque; • Champp's Operating Corporation d/b/a Champp's Restaurant; • Minneapolis-Richfield American Legion Post 435; • Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; • Don Pablo's Operating Corporation d/b/a Don Pablo's; • Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; • The Frenchman's; • EI Tejaban Mex. Grill; and, • Jun Bo Chinese Restaurant 1110 Set PH for On Sale Intoxicating & Sunday Liquor License Renewals II. BACKGROUND The on-sale liquor licenses for restaurant establishments will expire on January 1, 2010. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 8, 2009 will provide ample time to complete the licensing process before January 1, 201.0. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all liquor license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A ' E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Schedule the hearing for another date. However, this may delay the licensing process. . V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 6g REPORT # 223 ~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: C BETSY OSBORN, SUPPORT SERVICES ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for the renewal of currency exchange licenses for New Unbank Company LLC, 6421 Penn Avenue South and Los Gallos 12, Inc., 6539-B 14th Avenue South, Richfield. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of currency exchange licenses for: • New Unbank Company, LLC., 6421 Penn Avenue South; and, • Los Gallos 12. Inc., 6539-B 14th Avenue South, Richfield. II. BACKGROUND On September 30, 2009, the City received notification from the State of Minnesota, Department of Commerce, of renewal applications for currency exchange licenses in the name of New Unbank Company LLP, located at 6421 Penn Avenue South and Los Gallos 12, Inc., located at 6539-B 14th Avenue South. All of the information required by the State of Minnesota has been provided by New Unbank Company LLP and Los Gallos 12, Inc. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on any of the applicants. 1110 Renewal of Currency Exchange Licenses MANAGER NAME, TITLE The applicant's have complied with State Statute 53A.04 for currency exchange licenses with the State of Minnesota. Due to the uncertainty of when the background investigation was conducted by the Bureau of Criminal Apprehension, City staff also conducts a criminal history check on the owners of the businesses. These checks are conducted by Public Safety dispatch staff. None of the individuals has any known criminal history. Public Safety staff also checks the number of public safety/police contacts the establishment has had in the previous year. The New Unbank Company, LLC has had two Public Safety/Police contacts during the past year. Both contacts involved security alarms. Los Gallos 12, Inc. has had one Public Safety/Police contact during the past year. This contact involved a barking dog. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license: - License fees in the amount of $500. - A current fee schedule used for cashing checks, money orders, or traveler's checks. - A surety bond in the amount of $10,000. - Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • The City must reach a decision regarding issuance or denial of the license within the 60 days noted above. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. .ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of the currency exchange licenses for New Unbank Company, LLC and Los Gallos 12, Inc. However, the Public Safety Department has found no reason to deny the requested licenses. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 PUBLIC HEARINGS 224 REPORT PREPARED BY: STI-~N L DEVICH, .CITY MANAGER NAME, TITLE REVIEWED BY CITY ~ ~ MANAGER: D ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of resolution regarding Local Government Economic Develo ment Pro ram. RECOMMENDED ACTION: 1. Conduct and close the public hearing and by motion: Approve the attached resolution authorizing the execution of agreements with the Minnesota Department of Employment and Economic Development (DEED) fora $1 million loan from DEED through the City of Richfield to Comlux America, LLC. II. BACKGROUND The State of Minnesota, through DEED, provides for revolving loan programs to certain businesses in Minnesota. These loans are generally intended to provide "seed" money for new businesses in Minnesota which will in turn, provide new higher paying jobs in the state. Under this revolving loan program the funds from DEED cannot be provided directly to the business entity. Instead, the funds are generally directed to the City in which the business is to be established to be provided to the business. The City then serves as the fiscal/loan agent for the loan and retains 20%. of the monthly/annual repayments from the business entity'back to DEED, up to a maximum of $100,000. In the 2009 legislature, the State of Minnesota passed legislation that authorized a total maximum economic development loan(s) of $3,000,000 from the State to Comlux America, LLC for the establishment of a new business in Minnesota. Comlux, a company currently based out of Indianapolis, Indiana, specializes in fitting out large aircraft, such as Boeing 737 or Airbus 320 to the specifications provided by the owner of the aircraft. The owners are typically corporations or wealthy individuals. In essence, the empty shell of the aircraft is flown from the manufacturer to a Comlux facility, which then provides the custom interior as specified by the owner. In addition, Comlux also provides extensive maintenance of such commercial types of aircraft as well In this particular instance, Comlux is planning to locate such a facility in a vacant hanger at MSP airport, targeting the addition of from 50 to 200 high paying jobs to the twin cities job market. The initial operations would focus more on aircraft maintenance and employee up to 50 such skilled personnel. The Initial loan from the State of Minnesota, through DEED, is for $1 million to assist in the startup costs of the new business venture. Richfield was approached by DEED to serve as the fiscal agent for the first $1 million loan. A potential second $1 million loan from DEED would likely be disbursed through the City of _ Bloomington. This transaction does not require any City funds or liability and poses a minimum of staff time and involvement. III. BASIS OF RECOMMENDATION 1~. POLICY , • Allocation of State funds for Comlux has been authorized by the legislature. • These DEED funds must be administered through a political subdivision of the State. Richfield was given the opportunity to act as the fiscal agent for the first $1 million loan to Comlux. The State of Minnesota requires official City Council action in the form of a formal application, public hearing and the adoption of a resolution to be submitted to DEED for this process. B. CRITICAL ISSUES • The application for the funding to Comlux through the City of Richfield has been completed. • A local public hearing must be held prior to the adoption of a resolution and submission. of the application to DEED. • Proper notice of Public Hearing was published in accordance to law. • Comlux is anxious to have the application processed so that they may begin to plan for startup of the business venture. • The new jobs that would be created would work near the east border of Richfield and be potential customers of Richfield businesses and potential Richfield homeowners. C. FINANCIAL • Richfield has no financial obligation or liability in this matter beyond the normal distribution of the loan proceeds to Comlux and remitting the repayments to DEED. • Richfield is not responsible for non-payment of loan installments to DEED. • Richfield will receive 20% of the annual repayments to DEED up to a maximum of $100,000. The 20% would then in turn, be required to be used by the City of Richfield to,establish a similar revolving loan program to assist business in Richfield. D. LEGAL • A notice of public hearing was published on October 28, 2009 in the Sun Current. • The City Attorney's office has searched and reviewed the applicable credit reports,, tax lien and judgement materials and found no adverse impacts. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide not to act as the fiscal agent in this matter. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A V r- RESOLUTION NO. RESOLUTION REGARDING LOCAL GOVERNMENT ECONOMIC DEVELOPMENT PROGRAM BE IT RESOLVED that the City of Richfield act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on November 12, 2009 and that Steven L. Devich, City Manager, and Debbie Goettel, Mayor, are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Richfield. BE IT FURTHER RESOLVED that the City of Richfield has the legal .authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Richfield has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Richfield has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Richfield may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Richfield certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S-7) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Richfield has obtained credit reports and credit information from Comlux. Upon review by the City of Richfield and Kennedy and Graven, no adverse findings or concerns regarding, b~1t not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that Steven L. Devich and Debbie Goettel, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. CERTIFY THAT the above resolution was adopted by the Richfield City Council on November 10, 2009. SIGNED: Steven L. Devich, City Manager Date Debbie Goettel, Mayor WITNESSED: Nancy Gibbs, City Clerk Date Nancy Gibbs, City Clerk Date Date AGENDA SECTION: Prop . Ordinance AGENDA ITEM # 9 REPORT # 225 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ROBERT HINTGEN, UTILITIES SUPERINTENDENT ~ ~~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of second reading of an ordinance relating. to the district winter quarter billing amendin Section 705 of the Richfield City Code. I. RECOMMENDED ACTION: By Motion: Conduct a second reading of the attached Ordinance related to the district winter quarter billing amending Section 705 Subsection 705.01, subdivision 3 of the Richfield City Code. II. BACKGROUND Sanitary sewer service rates and charges are based upon the metered use of water. The rates and charges are based upon the actual use of the water on the premises for the last preceding winter quarter for each of the three billing districts. When reviewing the ordinance for an unrelated issue, staff found the current ordinance has incorrect start months for all three city districts for the winter quarter billing. The attached ordinance amendment has been written to reflect the current start months for the three month water use period in the three city districts. They are as follows: • District #1 -three month use period beginning in October, billed in February. • District #2 -three month use period beginning in November, billed in March. • District #3 -three month use period beginning in December, billed in April. 111009 2ndReadWinterQuarter The current meter reading schedule is designed to reduce the likelihood of including any water used for lawn sprinkling in the winter quarter billing cycle. First reading of the proposed ordinance amendment was held on October 27, 2009 and the second reading was scheduled for November 10, 2009 III. BASIS OF RECOMMENDATION A. POLICY • The City Charter general provisions on adoption of ordinances require a first and second reading on ordinances. A public hearing is not required unless a separate statute, charter provision or ordinance requires it. In this case there is no public hearing requirement. B. CRITICAL ISSUES • Amending the ordinance will correct the start months for the three- . month water use period in all three city districts to keep the City in compliance with City Code. C. FINANCIAL • No financial implications. D. LEGAL • This Ordinance Amendment was written by the City Attorney. • There are no legal issues known at this time that would affect passage and implementation of this ordinance. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Do not change the ordinance. V. ATTACHMENTS • Proposed Ordinance Amendment to Section 705. • Map showing Districts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated ~-I BILL NO. AMENDMENT TO SECTION 705 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 705 of the ordinance code of the City of Richfield is hereby amended by amending Subsection 705.01; subdivision 3 thereof to read as follows: Subd.3. Metered flow charge. Where there are one or more water meters measuring water usage on the premises, sanitary sewer service rates and charges shall be based upon the metered use of water except to the extent otherwise provided in this subdivision. The rates and charges shall be based upon the actual use of water on the premises for the last preceding winter quarter for each. billing district as follows: city water district #1 -three month use period beginning Oeeen,~eT October, billed in +~arekr February of current year; citxwater district #2 -three month use period beginning ~ November, billed in Apd+ March of current year; city water district #3 -three month use period beginning in "'~~~ December, billed in €at~ April of current year. Passed by the City Council of the City of Richfield, Minnesota this 10th day of November, 2009 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~ r ~D ~ ~ ~ ~D m cn cn ~ Q W N ~ ®®~µ11 '®W ' / LLLJ ® ®LLlll U1lll1J1L II I IIII I~i W~.L111W LDJ.LJ_LJ.JJ W1LL11W ® u.u.u~uu I-!}~t(~,~~ ~u±-:~j-~7}'{~-T~~~ III 1 1 I 1 I I I I I 1 I I I 1 I t I IIII I l I y I J ® ®® ® W-ll.l.Ll1JY ~'® L11L1!.111® ~~®~~®~ n ®~ X=R (ES WASH BU RN VINCENT UPTON THOMAS SHERIDAN RUSSELL QUEEN PENN OLIVER NEWTON MORGAN LOGAN KNOX JAMES IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX BRYANT ALDRICH LYNDALE GAR FIELD HARRIET GRAND PLEASANT PILLSBURY WENTWORTH BLAISDELL NICOLLET 1st ST EVENS 2nd 3rd CLINTON 4th 5th PORTLAND OAKLAND PARK COLUMBUS CHICAGO ELLIOT 10th 11th 12th 13th 14th t 5th BLOOMINGTON 1~ ~,ath ~ CEDAR cu m v n. ~~ D ~' c~~ .~ AGENDA SECTION: Resolutions AGENDA ITEM # l O REPORT # 226 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, 7MZE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached two-year Use and Indemnification Agreement between the City of Richfield and Tom Price for the use of a 4,690 square-foot strip of land along the edge of Lincoln Field. I. RECOMMENDED ACTION: By Motion: Approve the attached two-year Use and Indemnification Agreement between the City of Richfield and Tom Price for the rental of a 4,690 square-foot strip of land along the edge of Lincoln Field. II. BACKGROUND Mr. Price, owner of the manufactured home park Woodlawn Terrace, has rented the northern ten feet of Lincoln Fields for many years. The current agreement has expired and staff has negotiated a new Use and Indemnification Agreement. The expired agreement had a term of two years in the amount of $1,400. Staff has been discussing the matter with the County Appraiser to estimate the market rental value of this type of property and learned that market rental rate less taxes is higher than our current rate. The Appraiser suggested a rate of $2,034 per year based upon the current land value of a manufactured home park of similar size to Woodlawn Terrace and given the restrictions that apply to the strip of land. Mr. Price was agreeable to raise the rate for the new use and indemnification agreement to $1,600 per year for. the next two years, as a compromise for the steep rate increase over the previous rate. 1110 tom prce lease III. BASIS OF RECOMMENDATION A. POLICY • The arrangement has been revisited every two years. B. CRITICAL ISSUES • The City does not have an immediate need for the land. C. FINANCIAL • The County Appraiser suggested a rate of $2,034 per year based upon the current land value of a manufactured home park of similar size to _ Woodlawn Terrace and given the restrictions that apply to the strip of land. ~ Mr. Price was agreeable to raise the rate for the new use and indemnification agreement to $1,600 per year for the next two years, as a compromise for the steep rate increase over the previous rate. D. LEGAL • The attached Use and Indemnification Agreement was reviewed by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Set the rental rate at $2,034 per year as suggested by the County Appraiser. • Do not approve the Use and Indemnification Agreement with Tom Price for the strip of land at Lincoln Field. V. ATTACHMENTS • _ Use and Indemnification Agreement between the City and Tom Price. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None 1®°, USE AND INDEMNIFICATION AGREEMENT THIS USE AND INDEMNIFICATION AGREEMENT (the "Agreement") is made as of November 10, 2009 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"), and THOMAS PRICE, an individual residing at 7421 Lyndale Avenue South, Richfield, MN 55423 ("Price"). RECITALS A. Price is the owner of a tract of land which is legally described in the Property ID number 34 028 24 32 0015. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: THE S 5 ACRES OF THEN 10 ACRES OF NW 1&4 OF SW 1&4 AND THEN 4,FT THAT PART OF THE NW 1 &4 OF SW 1 &4 LYING S OF THEN 10 ACRES THEREOF EX R R R&W AND THE ROAD ("Price Property"). B. The City is -the owner of a parcel of land which is legally described in the Property ID number 34 028 24 32 0025. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: W 468 68/100 FT OF E 493 68/100 FT OF THAT PART OF THE S 20 ACRES OF N 30 ACRES OF NW 1/4 OF SW 1/4 LYING S OF THE N 4 FT THEREOF ("City Property"). C. Price is desirous of obtaining permission from the City to utilize a portion of the City Property in conjunction with the mobile home park which Price operates on the Price Property. This portion consists of the northern ten feet of the City property from the east to west boundaries, approximately 4,690 square feet. D. The City is willing to permit such use in return for Price's agreement to indemnify, protect, defend, and hold harmless the City and to fulfill the other obligations contained herein pursuant to this Agreement. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of This Agreement, and in consideration of the covenants contained herein, the City and Price agree that Price may use the City Property for the period commencing on August 1, 2009, and terminating July 31, 2011 for a fee of $2,682 payable in two installments: $1,600 on or before November 15, 2009 and $1,600 on or before August 1, 2010. 2. Maintenance and Repair. Price shall; at his own cost and expense maintain and repair the City Property and shall at all times keep it in compliance with regulations of the City. The City shall have no responsibility for the maintenance or repair of the City Property. 3. Indemnification and Insurance. (a) Price shall at all times defend, protect, indemnify, and hold harmless the City and its agents, officers; servants, and employees from any and all claims for damages and other remedy, including but not limited to costs and attorney fees, arising from or by reason of the maintenance, use, and repair of the City Property. Nothing in this Agreement shall be construed as a waiver by the City of any immuriities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. rd-~.. (b) Price, at his sole cost and expense, shall maintain in full force and effect during the term of this Agreement general liability insurance in the minimum amounts of $1,000,000 bodily injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; and $500,000 property damage per occurrence. A certificate of insurance evidencing compliance with this Agreement shall be provided to the City by Price. The City shall be named as an additional insured-on the insurance policy described herein, and such policy shall contain a stipulation that Price's insurer will provide thirty (30) days prior written notice of cancellation of such insurance to the City. The insurance shall be carried by solvent and responsible insurance companies licensed to do business in the State of Minnesota. 4. Miscellaneous Provisions. (a) Any titles of the several paragraphs of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of Price, is addressed to or delivered personally to Price at 7421 Lyndale Avenue South, Richfield, MN 55423, and (ii) in the case of the City, is addressed to or delivered personally to the City at the Richfield Community Center, 7000 Nicollet Avenue South, Richfield, MN 55423 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Paragraph. (c) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (d) This Agreement constitutes the entire agreement between Price and the City with respect to the City Property and supersedes any other written or oral agreements between the parties on that subject. This Agreement can be modified only in a writing signed by the parties. (e) The City may terminate this Agreement: (i) if the termination is based upon health, safety or the need to make modifications within the City Property or by Pr'ice's transfer or sale of the Price Property, by the giving of 90 days written notice to Price; or (ii) otherwise by the giving of 180 days written notice to Price. The termination shall be effective at the end of such notice period, at which point neither party shall have any further obligation hereunder, except that Price's obligations under paragraph 3 shall survive. (f) On or before the expiration date or the effective date of termination of this Agreement, Price shall remove all structures from the City Property and restore the City Property with fully established sod. (g) Price agrees to make no claim against the City for damages which Price may suffer as a result of the City's termination of this Agreement. (h) Except as specifically set forth herein, nothing in this Agreement shall be construed to exempt Price from or waive the application of any federal, state, or local law, rule, or regulation. (i) Nothing in this Agreement shall be construed as abandonment of the City Property by the City or as any relinquishment of any right the City may have with regard to the Property. Price specifically acknowledges and agrees that its construction and maintenance of the Property is at the sufferance of the City and subject to the City's right to terminate such use in accordance with the provisions. in paragraph 4(e) hereof. ~vr~ (j) In the event that the use of the City Property under this Agreement renders the City Property taxable, Price agrees to pay,- before penalty attaches, all ad valorem property taxes or other similar taxes levied against the City Property. (k) This Agreement may be extended by the parties from time-to-time and - upon such terms as they shall mutually agree to. (I) No new structure shall be erected on the City Property without the prior written consent of the City; and, Price shall not use the City Property for any .purpose other than in connection with the mobile home park without the prior written consent of the City. IN WITNESS WHEREOF, Price and the City have executed this Agreement this 10th day of November, 2009. CITY OF RICHFIELD By Debbie Goettel Its Mayor And Steven L. Devich Its City Manager Thomas Price AGENDA SECTION: Resolutions AGENDA ITEM # j j REPORT # 227 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider a request for a major site plan amendment to allow a 9,600 square foot addition to the ECOSmarte Building, located at 1600 78th Street East. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing a major site lan amendment at 1600 78th Street East. II. BACKGROUND The owners of the property located at 1600 78th Street East wish to expand their operations by constructing a 2-story, approximately 9,600 square foot building addition. The addition consists of warehouse/storage space, a retail showroom and three residential .units on the second floor. The residential units are intended for use by out-of-town employees for extended stays, although they could be rented just as any other apartment units. III. BASIS OF RECOMMENDATION A. POLICY • An addition constituting more than a 25 percent change in floor area requires a major amendment to the existing site plan. Major amendments require a public hearing before the Planning Commission and final approval by the City Council 1.11009 - 1600 78th St E -ASP MELISSA POEHLMAN, CITY PLANNER In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with the following: a) Consistency with the elements and objectives of-the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. ^ The Comprehensive Plan designates this property as Regional Commercial. The existing business is truly regional in the largest sense -serving customers throughout the United States and abroad. ^ The Zoning Ordinance designates this property as Mixed Use -Regional. The proposed addition embodies exactly the type of redevelopment the City envisioned when rezoning the I-494 Corridor. b) Consistency with the requirements of the Zoning Ordinance. • The proposal meets the landscaping, screening, trash and refuse, architectural, utility and storm water requirements of the Code. • In instances where a structure contains two or more types of uses, the Zoning Code requires the total. off-street parking for each use to be calculated separately unless a joint parking arrangement can be applied. In this case, the Code requires 54 spaces (there are currently 30 parking stalls on site). • An applicant may request a modification of the minimum required number of parking spaces by submitting a study of anticipated demand. The study must be prepared by a professional engineer with expertise in traffic and parking analysis. • An independent parking study was conducted by Spack Consulting and supports a reduced requirement based on the peak requirement of each use. The study recommends that 35 parking stalls be provided and that any semi-truck deliveries be scheduled for the morning, prior to the time of peak demand. • The proposed plan includes 39 parking spaces. This reduction is supported by staff given the findings of the parking study. The reduced requirement is further supported by the fact that the owners intend to hire only two additional employees. c) Creation of a design for structures and site features which promote the following: i. An internal sense of order among the buildings and uses. • The site has a single building. ii. The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. • A walkway is provided to facilitate pedestrian movement along the south side of the building to the front door. iii. Energy conservation through the design of structures and the use of landscape materials and site grading. • The owners wish to be models of sustainable environmental business practices. The proposal includes a system to capture storm water run-off for irrigation and potable water use, rain barrels, a green roof, photovoltaic panels and more. iv. The minimization of adverse environmental effects on persons using the development and adjacent properties. • The capture of all storm water run-off will eliminate any impact on adjacent properties. . B. CRITICAL ISSUES • The proposal will provide an example of the type of redevelopment the .City hopes to see continue throughout the I-494 Corridor. • The owner of the property immediately west of the site spoke to staff and indicated that they had no issues with the proposal. • The owner of the property immediately east of the property indicated that they did not support an outdoor trash enclosure or provision of fewer parking stalls than required by the Spack Consulting study. Both of these issues have been addressed. The trash enclosure has been incorporated into the building and parking will exceed the requirements of the parking analysis. • The Planning Commission voted unanimously to recommend approval (7-0). C. FINANCIAL • The required application fee has been paid. D. LEGAL • A public hearing was held before the Planning Commission on October 26, 2009. • Mailed notice was sent to all property owners and residents within 350 feet of the subject properties. • 60 Day Rule: The 60 day `clock' started when a complete application was received on October 8, 2009. A decision must be given to the applicant by December 7, 2009 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional da s or 120 da s total for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS • The applicant is proposing changes that will model sustainable practices for other businesses in the area. The proposal includes 100 percent capture of storm water run-off, use of alternative energy sources, etc. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request with a finding of fact that it does not meet City requirements. V. ATTACHMENTS • Resolution Plans (4) Spack Consulting parking study memo Area zoning and land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Larry Couture, Jr., Owner • Steve Wallich, Vanman Architects and Builders Inc. ~r I RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A MAJOR SITE PLAN AMENDMENT FOR 1600 78TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of major site plan amendment for the parcel of land located. at 1600 78th Street East, legally described as: That part of-the East 150.00 feet of the West 480 feet of the South % of the Southeast Quarter of the Southeast Quarter of Section 35, Township 28, Range 24, `lying South of the North 180.26 feet thereof,- according to the United States Government Survey thereof, Hennepin County, Minnesota. WHEREAS, the requested site plan has been reviewed by staff and meets City requirements; and WHEREAS, the proposed site plan is consistent with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; and WHEREAS, the proposed site plan promotes an internal sense of order among buildings and uses, provides adequate vehicular and pedestrian circulation, promotes energy conservation, and minimizes the any adverse environmental effects; and WHEREAS, the City has fully considered the request for approval for the site plan; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the proposed site plan, including 39 parking spaces and landscaping areas as indicated, is hereby approved. 2. All outdoor parking spaces must be striped in accordance with City standards. 3. All parking spaces must be accessible year round. 4. Final tree and shrub schedules must be approved by the Community Development Department. 5. All landscaping must be continuously maintained and not be unsightly in appearance or in a state of disrepair. 6. A final lighting plan must be approved by the Community Development Department. 7. Obtain a Boulevard Feature Permit for'any work that needs to be done within the boulevard. 8. The City will not issue the Certificate of Occupancy until the stipulations are met and/or an Escrow or Letter of Credit is provided for incomplete improvements. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of November 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk SITE PLAN SYMBOL LEGEND a~ .W W~.u..T~ ~~y ~_ I ~~ o ~...--~{ WIOVWIIYY!~.',`._. WIYJIE)EMpV.1CE ---- 6EIWYXUR s MNNNiIB WMV/4c -W oQ WHf PdFBa UdrtB ~. gEMYOMNI -p1F- OVEWFAD4CCTMC IIE ~W LgSAIOYWIiPMF -~- Y9F1gn0Yro W5UE -~- liORRl~l1oM WRE -BS- BNlTNWBFWFP -W 11IOEPOIKYDW~TEAIIIE o ~Rw GENERAL NOTES ~fwRSpl.l~C.~~TI~~1dF~D fl¢UPKYf~ORYp~E KO~RIMiY~cNaeOx FA61Iq~ONIgMN-ox W~qX WA4YMONOEDBY 11lalYp wG416CiOPlMOEN~M6MNlEl YFE~TTK11Ep pVIL&IEETCi. {X6IWOYINY11fpYNTgN WNPPOVIXDlYf.Ntaaxa W{Spt MG EXISTING CONDITIONS ~• ~W,«o,~.~w,,.~~,.~~,W~, „~.'' ^° °.~t~. Tmx maniwu..~ax W.wu.w.+~cx,.+-.mrrsNwux oNO K: pn . ».PF. g tiOnF& A~9iW K.cF~ p~afB Ut .j 1600 78th Street East MAJOR SITE PLAN APPROVAL SUBMITTAL. A 1 ECO Smarte Richfield, Minnesota Contact: Larry Couture, Jr. Phone #: 612-866-1200 E-mail: larryc@ecosmarte.com Sept. 28th, 2009 (REV. Oct 28, 2009) VANMAN ARCHITECTS AND BUILDERS - 669 Winnetka Avenue North -Suite #210 -Golden Valley, Minnesota 55427 - 888.327.2817 - 763.541.9552 - 763.541.9857 - www.vanmanab.com ~l1 SITE PLAN -EXISTING CONDITIONS Ai scnie. snr.~-o SITE PLAN SYMBOL LEGEND ~ EEEPoNlEEEYA,IOE EBET.BBE~ En91N0YCN.BEYATEIx _~._ E~,Ea~EEN.a ~ .EBgEEBBEONE - - • --~ '"~EE"""'E tMPE,EBB,AEE - - - - B:,EA«IEE BnxoxaiseuvAR OEO .O Wx~PoEHa11WEE V EBEmBBEr -oNC- BA:BEAU[uclACUe t7m E,E~E~EEB,YEE~E -~ - Y.EEiEE~EBEN~EE ~- caslwouoxl raa M- 6,~.TMY6EiYEA ARN~.,E -w- o ~~ ,EtFAIONE ~~ AEEEE.BE.AE~B~E GENERAL NOTES AIO EtlSTEq ENpT FEEYaTA1N WN YAEPAAED EYCNY90E E CARIEgE EIC. ATTACMEE WIYEYEM EUIIE,EQTWTpN .Et081N000NIWIINIpgMT10H WNIiWOEOCITIRCrtYOEXiPfFlFIDiYREIOFNE AumATEa EEE AnABED QYE BEET ~,. .Em,EB,EXE. Kat.u,bNEN.noYEFD..GNESp1.w.so,E.IF f~M 81~EETC "roI1~BMM8. p~YEEB~AID WMAS~woAn~EF Nt AnAPEO BEE~A ~rTTACXEOA WLL WE~TNWETREEYPFEPAYA1pEEDlEE,INB9GPE f%TFIE)A~N]DBEEIW YBl MEYtlU6EYMMf1E0 TOIWEOlY0E1E0EE1B EFrt.$mlE. EpnAE W f E1Ei11NMw MAIIEYM1EIl P110011Ctt WIIEIITEEtl11lAi111MA1D PROPOSED CONDITIONS ~.~~ Y . . AuEE, aruE~Ew~s. ~EV:Ea ~'° ~~ /oo6BmN A~~N. u}usf. ~J- vACnuaaEZmTwaAEU-rEA. EEEavpuE.Em r« EEwdo pr uB. a.mn wm pey~mm FHOPOSFLBIEDNONFpM. YEapERETBVFB W%bUEWgE1 WE, ALLOEFa.EElOEEE.UA BDMEN. Eb WrMR'Wil)-yB4Nm.E-la. Ma~yE~yymevlmipyE 61PIKIYREEflEKAS TaCirMEA IaAMaE.EB~.Neloeplm,itleEKaaeuw Bl~loio BSWW EaUM BE~E116 BAY PAPoBNBERAGIB EbE. -0~rWpl~in NrYWBtl Fe IM MIE.EWEA N .4+aY~~+P.Y.Av 1600 78th Street East MAJOR SITE PLAN APPROVAL SUBMITTAL A2 ECO Smarte Richfleid, Minnesota Contact: Larry Couture, Jr. Phone #: 612-866-1200 E-mail: larryc@ecosmaHe.com Sept. 28th, 2009 (REV. Oct 28, 2009) VANMAN ARCHITECTS AND BUILDERS - 669 Winnetka Avenue North -Suite #210 -Golden Valley, Minnesota 55427 - 888.327.2817 - 763.541.9552 - 763.541.9857 - www.vanmanab.com .EYYB~,T®~EE ~ SITE PLAN -PROPOSED A2 scale: aror-r.o• ~ ~ ~ ~ m ~r (5) D (9) H (s) D rewm..waw7ti~aar 9 a . ,pr -.~~ - - PROPERTY 4NE. z3l2A - mt x7 - - . - ~ -.__~Ip ~ V8._ . ~_ 4 ~ ( I , _,_ _ _ ~. Y- ~ul ~~ 4, ------------------------------ .j7------ C ~l, ~ gym. 'ie _ -r '~ qqi )x (6)G f}~~-- ~eyl ~ I i I "' \ 1: ~ 1 1 oxtL~,p .1~ wm`ir.~ FXI871RG 27TTORY BUILD9fO ~ ~ _gg... SS gg 1 _ \ \ 9,7608.F.IPT:11 Fl.OOR) \` I 1 ~i ~v"rn'vmanm'OtL '~`.. p 1 ~ ~ ! `~ ~ `~ T7wront FFE.979.90' \\,\ m m, 9P,999 &F. WIW 1~00fq ~ 1 :)'Y W~ - 1 P ' \ Upp Floor ffE u7. G• \ \\ I 1 3 D ~) TREE SCHEDULE CWE O IXYpx.w6lY.ppWE A ! W11Rxenn WPlErx.Pn.w.r'JY.vN d4 r.~V. B,0 vrti r....rti~~ e ~ sw,oewwn:opcrw.,.,,rra. ow' e,e C . araa,aowiwrmpAnru.,....y. cu. w wamra SH RUBSCHEDULE 0 oa.pxxp .ruiw.uut p D E . .wxrsSrv.N.rsm.Fxr,pry.p.v. avw.MMNaIeYNKAErpb.bYrw. e a w wo, cart. cart. ~mna F AtlPVNpOOOOWOOGrWm.4.9WS' p 77 oaonueamrA•p...w.rxn.ppwq Applm,IpeMVIfAE,HpYpxlvrr.y.y.WW. am~ ~p~$'y rIG AO "m ` I 1 I? 1 p,r \~ ~ T9.mFl.«FFE.fmar ~ . ~ - . . v,II ppP1p j m p /rurpo \ \. `~\~\\ \ \ W+PaFloorFFEp1114A0' pp - ~ „•~ 3)~D v J .~TJ wriao ~` ]\~ ~I ( Intl ` \ \~ \ I 1 I °r ~ ~I 1 u uu I '[ .I~. I I W _ F I ~ prJ'u( - ~ pu J V V I ~! . II d' o, is mf m I I h , . ~ ~ ' ~ _ W ~. I `•- -. 'ptr - `~ u I parr ,,,, .1 ~ i r<e' pi, p'.. i»'a°). 1 I ' 3) D •. ( ~ _' ~i~C ~I ' I I j I I :~ ..' ~. I 1 ~ I I I I II I I 1I I .: ; au ~o a0 ' . I .. _.. ...:_ ~ ..I pp .~:.r c) m, m7 m, ~ ~:o w:,r 1 4 D 030 I 1 ~p,,7: In.avl~ mr (pray ~:<?I X10,0 '~ 1 i .. I I I ur, ~ -- ' ' ' 1 i4) E I 1 ~ : 1 1 r», ~' ,., I I I v. ~ , I , ~ I i m;~ ,1 ) _' 1 ) _ _ _ ~. . ~ ~ PRO LVIE. x$9.09 :,F ' • h (3 F i (t)A '~ (t)B (t)A (t)B ~ ~~ III I (1)B (t)A l1)B (tlA lr1B ~~ ~ LANDSCAPE PLAN -PROPOSED A3 stole. 3r,z .7w TREE PRESERVATION NOTES •K uxrowra w '". ~L9;- e`•:m~".:J7.C-~'. z'.::. E,,,,,. . .-, ~~ - :.:,~w A:~' " y " em ~ .r..,x..... xx..,....rt.A.....o ...9 'I!°~T~ u. .x.- •„~. x.,..x.,,xw ' x :t7th, e"S:w".~S4am .~..,,... ~.,, y ; CSd ~:~:7 `9 : ~ • .-. -„..,.•,.- •.. ~ , ,..~,...,.,..~xx~~.......x. .. x~. ~,~. ~9 a~ummee -~ °eira.prr r ~ <~or,oaA wpE eaYw KrObENE~ .. P.,vMUrt MKVWC - ~r~ e TREE PLANTING A9 SCALE: 3r4'. 1'-0' w. ~ VA7pM aocCONC"BCi~ R...... ,........x»-....-~..~.,...x...,, ow~un~`auc ~.r°wr«°`ira.'w+' .-..,.._,.~~~„~~ ~~,~.,.~.. w.~~..w....,.....,,.x.,~.,,,.....aw...„x,~... RETAINING WALL n.,.....s,w.v xxww ^.,Y'.,~^ `~••w,.•a.....,.xw..m.s.ww~.me.x.n-w A3 SCALE: 3/4'.1'.0' 1600 78th Street East MAJOR SITE PLAN APPROVAL SUBMITTAL A3 ECO Smarte Richfield, Minnesota Contact: Larry Couture, Jr. Phone #: 612-866-1200 E-mail: larryc@ecosmarte.com Sept. 28th, 2009 (REV. Oct 28, 2009) VANMAN ARCHITECTS AND BUILDERS - 669 Winnetka Avenue North -Suite #210 -Golden Valley, Minnesota 55427 - 888.327.2817 - 763.541.9552 - 763.541.9857 - www.vanmanab.com ~rpart~7p. ,~~ ,~~ t~~. ,,.> t~~ .K~ ,;J,~,~ icrxux.rciwvn ;~ uoae~e~r~ ¢«nn.li~a r WNIEVfl ~. irk .~, , ;.+} ~ ~ f L',l~ ;~i~„`;:°,k.~+l~'r-.'% ~2'~Y~1:~~ k~ : GL~/~';1':~ ry :.may°e :Y~, s} ? : ' °t , s ~:>:ts by NI a . ~~: a:'ltii e ~ ~' p.\ w i~iti ~:• ~z ~:i~c4i. 1!: r,^ • yYv~/'~ ~~YAS`.~ b Lifi ~ w' :cf~':y.: ~~.; =i~ 4'..~ :'ie ~ ".dy9.;'tS.°i.,!S.i :~i'R(%3 .~~~ ,`;rk ,Y' q.-~x,-;z'~w~ib 'ga'r<,t>,~E`+^+ 1.~: , ' e :l.r.S~.i.(:n' i5- 4 a+,m~, .,5,.. i ~}'ii, - ~t ~~~~~F~~3: '~:Sl!~J1,R ~w ~e4JAi ~'J~.l~~i`''t Y~'.~s~kJ'A:'.c 3 ~ o~~ .,.n~.r,E. r~n~""vuo» mrwra rfE. IfEDVIHfYI a WEST ELEVATION ' MflY MgiCN ~1rioB U~p1o~ A4 scALE: rre•./w- orxoar ~ ~., I I c..wA. oi1oiarconaor ~ar urmavcxlcrr v°E~A `,ri.'sre~.rw"" ~ I i cien°•neni '~'°"'~.~' reeu~rv.xu c,n~sosuyeusru I.<fK ~OtOR~1F01 N ~ murmnuxrK ~ nEN ~~ ICOION-WEI ~ ~ ~ ~ ~ ~ 1~~ YFlION! . -~ ~se_. viewvEnsv! ~ r.urrenuvra n rrr - COUrpLrE4eMt linen ls:~ ~rm uerw 1 ~nn•oa! uNp°r ~ ~ ~ ~ ~ ~ .u ie ~ ~ ' , na:~ rc em,$ ,ww. rse Wlovrwr ~erroxr~saaxr a SOUTH ELEVATION u cav0&R11ETK ~~ NORTH ELEVATION ~ ''~~, ~ N CW06RE.ETN. nMwunnniu ~'~."~ ~ ':,,~, ~"~,~«.! - - - A4 SCALE: 1/6.1'-0' A4 SCALE: IAI'-1'-0• rop0,ppp,w Y oar $-~~. r CnPOSnCM[TM ~ Kq'~pp.yj,r PnalNnf K nL.n.L! Y ~I[rM. YNA '~ WNBWrtr/N xaan•ACO~ Raa-aw .uLmnren ORAr%KRACi~ 1TArlc/i n:N.M _ . iriuovervrn cns ~ osnc~er.~ -K~ rrtnu!rnlcrn cnensu, u.:n !colon. r~uom - ~- nuovkwro iunarsrzuwm~i ~K111C4~ •~. ~...:. :.~{.].;..~ir`~' ,;: i~ x %~~' twT VJ 1CQLCN RUlI ~IOP-tYE1 Y ov ; ..jt~7 f,._ ' 1M91i'Fl:CLOB1111['110011 4 EAST ELEVATION ~ , .,~~.aW.,,.~°-,~ ,~w^~~~°^~ , "°`~",~:a "w" ~~r.~.~°~1` ~ r MAJOR SITE PLAN OVAL SU 1600 78th Street East _ NCO Smarte Richfield, Minnesota Contact: Larry Couture, Jr. Phone #: 612-866-1200 E-mail: larryc@ecosmarte.com Sept. 28th, 2009 (REV. Oct 28, 2009) ~~ VANMAN ARCHITECTS AND BUILDERS - 669 Winnetka Avenue North -Suite #210 -Golden Valley, Minnesota 55427 - 888.327.2817 - 763.541.9552 - 763.541.9857 - www.van~man® b.com .. w f , "~. _: ~,. , . - FROPEnTYlR1E~ _ ~E1d9TIW ,NEWCON9iFIlOTIJN STAIR ^~' 1 ". ELEY OPEN OFFICES SHOWROOM .w, BREAK MEN WpE1@N EN,NY ~r- "- __ r---T-~-~---- .Q~P RESEARCH ~ I ' I 6 OEVEL - "_ _".". gTORAOE , 1 `~- ~` " ~ HALL ~ ~ ~ ~ ~~, _ 1 r-i HCUPT 7 /r------- ~~ -I _ ~ .~ ~ , ,A FJ(L91 UMLFF.E .." ,~ dMLF•ils 1 ,ova lerzfcl T ae-,t' JAN W sn ro M C.: ,rn.wt - ~-° ~\ ~~ SHOWROOM I ~ HALL 1 ~ ~'~ ~ - ;il ~ . UNO ro ~` 1 OPEN OFFICER ~ ~ SHIPPIN I ~~ l ,#~','"~ RECEIVI O ~ ,\ ~.~~~ AIR ~. _. ~, 1 ~n _ 9kK)4YROOM I~-~1 MAIN LEVEL FLOOR PLAN --~, .y I T_:_r __ ~~ .. ENTRY ~ \ -- SCALE: 1/16" = 1' - 0" NORTH c - _ _~ BATH _I}v ~.,, BEDROOM CONP OPEN OPEN OFFICER OFFICES 4 -~' ~ ~•^ - - l STOR C _ /~,~A _ oN oREEN KITCHEN ~Q[=(~j HTAIR ROOF ~~ LIVIN4 Roots c OPEN 'r.•- SHOWROOM OFFICER !a ~~ ~~ LMN6 HALL ROOM ,r ~ J' . KITCHEN - ' LOBBY ELEV C JAN KITCHEN ~jy~ } ( ~ { ClABBROOM C ~ T'L ~ _ y ' ~ I '1 ucw vraueu +µ _ ls C ~isl ~.. - C ~, ~ STAIR \~~ BEDROOIA _~ C _ ~- ~ BEDROOM °H BATH - LNINO ROOM C "\ ] 11--pp 1JI ,~ 3\ SECOND FLOOR PLAN .~ SCALE: 1/16" = 1' - 0" _ -_ L` NORTH J L _ JZ - -~ l ®p ~ BAS~M~NT FLC70R PLAN ~~ __ SCALE: 1/16" = 1' - 0" a ~~ NORTH ! ~~!_: ~.~ ,...: ,. ii-~ ~ ~ .~ THE TRAFFIC STUDY COMPANY Memorandum To: Chris Hanson, Vanman Architects & Builders From: Mike Spack, P.E. Date: 10/16/2009 Re: ECOsmarte Parking Lot Analysis -Richfield, MN ECOsmarte is planning a 5,500 square foot expansion to their building at 1600 East 78th Street in Richfield, MN. Their building will have 11,250 square feet after the expansion. The proposed building plan requires a variance from the City of Richfield because ECOsmarte is proposing to provide less parking for the building than what is required by the city's ordinance. The purpose of this memorandum is to document the current .parking lot usage and to recommend the appropriate amount of parking for the expanded building. The number of occupied parking stalls was counted from 8:00 to 9:00 a. m., 11:15 a.m. to 12:30 p.m. and 3:30 to 5:00 p.m. on Wednesday, October 14, 2009 to document the peak parking lot utilization. The results are shown in Table 1. The peak parking lot usage was 18 occupied stalls. The building square footage is proposed to increase by 96%. Factoring the peak parking demand by this ratio means 35 parking stalls should be provided for the expanded building. There are no loading docks planned for the building. if ECOsmarte receives semi-truck deliveries, they should be scheduled for the morning before the parking lot fills up. Otherwise additional stalls should be provided to account for the stalls that would be blocked by the semi-truck delivery. Table 1 - EC 8:00 a.m. Osmarte Parkin Lot Utilization • . -. -. .. ~ 5 1 6 8:14 a.m. 1 6 1 7 8:41 a.m. 1 7 1 8 8:52 a.m. 1 courier 8 1 9 8:55 a.m. 1 courier 7 1 8 9:00 a.m. 7 1 8 11:15 a.m. 15 1 1 17 11:19 a.m. 1 16 - 1 1 18 11:25 a.m. 1 15 1 1 17 11:42 a.m. 1 16 1 1 18 11:44 a.m. 1 15 1 1 17 12:28 .m. 1 14 1 1 16 12:30 .m. 14 1 1 16 3:30 .m. 14 1 1 16 3:34 .m. ~1 13 1 1 15 4:03 .m. 1 12 1 1 14 4:27 .m. 1 UPS truck 13 1 1 15 4:30 .m. 1 UPS truck 12 1 1 14 4:37 .m. 1 11 1 1 13 4:44 .m. 1 10 1 1 12 5:00 .m. 10 1 1 12 i~- l o 1600 78th St E -Site Plan Amendment 11/09 Surrounding Zoning r- ~- MR-1 R MR-1 R R C- C-2 ~ C-2 77th St E p`~`' ~ MU-R U-C Q MU-R% MU-R c MU_R c _ ~ ~ O MU-R 00 ' ~VIU-R 78th St E 0 50 100 200 300. 400 Feet MU-R -Mixed User Regional MU-C -Mixed Use -Community _ C-2 -General Commercial MR-1 -Two-Family Residential R -Single-Family Residential ~ 1:\GIS\Community Development\StafflMelissalProjects\Zoning Cases\1600 78th St Z.mxd 1600 78th St E -Site Plan Amendment 11/09 Surrounding Land Use DPLX RES ppU( PRK PRK RES p PRK 77th St E h~ VAC Q COM COM PT C COM C .~ ~ COM OD ~OM 78th St E 0 50 100 200 300 400 Feet COM -Commercial APT -Multi-Family Residential DPLX -Two-Family Residential PARK -Park VAC -Vacant ~ I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\1600 78th St LU.mxd -/Z 1600 78th St E -Site Plan Amendment 11/09 Surrounding Comprehensive Plan LDR LDR LDR PRK PRK LDR P PRK 77th St E h~ RC DRO d Q RC RC C RC c '~ ~ RC O m RC 78th St E 0 50 100 200 300 400 Feet HDRO -High Density Residential /Office RC -Regional Commercial PRK -Park LDR -Low Density Residential - I:\GIS1Community DevelopmentlStafflMelissa\Projects\Zoning Cases\1600 78th St CP.mxd AGENDA SECTION: Resolutions AGENDA ITEM # 12 REPORT # 228 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NavrE, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an amendment to an Option Agreement with Accessible Space Inc., for redevelopment of 7700 Pillsbury Avenue, south portion of the former Public Works Garage site. I. RECOMMENDED ACTION: By Motion: Approve and authorize execution of attached amended Option Agreement with Accessible Space Inc. for the redevelopment of 7700 Pillsbury Avenue, south portion of the former Public Works Gara a site. II. BACKGROUND Accessible Space Inc. (ASi) and Twin City Christian Homes (TCCH) have proposed a housing development on the 0.94 acre site of the former south portion of the Public Works Facility site. The proposed development was to be a 15-unit project for persons with physical disabilities with incomes at or below 50% of the area median income (AMI). The project would allow adult residents age 18 and older the opportunity to live and work independently in the community. The project is to be funded through the U.S. Department of Housing and Urban Development (HUD) program, Section 811. The HUD funding provides financing for the construction of the project as well as providing rent subsidies to make the project affordable. Among the criteria considered in obtaining the HUD funding is a demonstration of "local financial support." On July 28, the City Council approved an option agreement 111009-Option Agreement Amendment with ASi.doc with ASI to purchase the property for $225,000; an amount below its market value. On September 8, 2009, the City Council approved the creation of a Housing TIF District on this site that would generate sufficient tax increment to reimburse the City for the remainder of the property value. In September 2009 HUD released the Notification of Funding Availability (NOFA) for Minnesota's Section 811 funding. When the NOFA was released there were changes that were not expected. HUD had reduced the number of units allowed for Section 811 funding in Minnesota from 15 to 10-units. The reduced unit count, as required to meet the NOFA requirements, would result in a reduced amount of tax increment. City staff and legal counsel were concerned that the combination of this reduced tax increment and the up- front payment ($225,000) identified in the option agreement would be insufficient to reimburse the City for the value of the property. If that were the case, the preferred solution would be to increase the option agreement amount to compensate for the loss of tax increment. The actual value of the property had been an issue of debate for some time, however, because the sources of determining a value (a 2005 "shadow value" from Hennepin County and a 2005 appraisal) were outdated. In July, staff had estimated a value of $575,000 based on those outdated sources. Staff recently contracted an appraiser (who was recommended by legal counsel) to conduct a new appraisal on the property. The cost of the appraisal will be reimbursed by ASI. The new appraisal (summary attached) values the property at $405,000. The revised present value amount of tax increment to be generated by the proposed 10-unit development is estimated at $147,000. The amount of up-front funds necessary to fully reimburse the City for the property at its appraised value is $258,000; or $33,000 more than the amount reflected in the Option Agreement. approved in July. Staff is recommending, therefore, that the Option Agreement be amended to reflect an up- front payment of $258,000 in addition to the pledge of available tax increment. III. BASIS OF RECOMMENDATION A. I~OLICY • The City owns the property known as the former Public Works facility. The site consists of two parcels; only the south portion is being discussed for development by ASi. • The Option Agreement is contingent upon ASi securing HUD funding. If funding is not secured then the Option Agreement will be terminated and the City will retain ownership of the property. B. CRITICAL ISSUES • Without the City's "financial support" HUD funding for the proposed 10-unit supportive housing project proposed for the south portion of the former City Garage site is much less likely to be approved. C. FINANCIAL • The City Council held a public hearing on September 8, 2009 and voted unanimously to approve the modifications to the redevelopment plan and the proposed TIF plans for the creation of a Housing TIF District on this site. • Under the proposed project, the City will be paid $258,000 upfront. from ASi for the vacant south portion of the former City Garage site. The remaining present-value of the property will be recovered through TIF. • The newappraisal for the property reflects a value ($405,000) that is lower than .the previously assumed value of $575,000. D. LEGAL • The City's legal counsel has reviewed the proposed Option Agreement. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Approve the proposed amended Option Agreement with ASi with added provisions or modifications. • Do not approve the proposed amended Option Agreement with ASi. V. ATTACHMENTS • Resolution Option Agreement Appraisal Summary Map VI. PRINCIPAL PARTIES. EXPECTED AT MEETING • Dan Billmark, ASi i~-~ CITY OF RICHFIELD RESOLUTION NO. RESOLUTION AUTHORIZING OPTION AGREEMENT WHEREAS, the City of Richfield is the owner of certain real estate located in the City of Richfield, County of Hennepin, State of Minnesota, as described in the attached Exhibit A (the "Property"); and WHEREAS, Accessible Space, Inc. desires to enter into an Option Agreement for the Property;-and WHEREAS, the Option Agreement contemplates the potential purchase of the Property by Accessible Space, Inc. for the construction of affordable housing for individuals with physical disabilities; and WHEREAS, the City Council has determined that it is in the public interest to enter into the Option Agreement. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The recitals set forth in this Resolution are incorporated into and made a part of this Resolution. 2. The Mayor and City Manager are authorized and directed to execute an Option Agreement in substantially the form as presented to the City Council. 3. The Mayor and City Manager are authorized and directed to execute all necessary and appropriate documents to implement the provisions of the Option Agreement in accordance with the terms and conditions thereof including, but not limited to all other instruments and documents customary to such transactions. 4. This Resolution rescinds, supersedes, and replaces Resolution No. 10267 on the same subject dated July 28, 2009. Adopted this day of , 2009. Debbie Goettel, Mayor -ATTEST: Nancy C. Gibbs, City Clerk la-~- Exhibit A Legal Description of Property Lot 6, Block 4 of the R.C. Soens Addition. ' a,~ 11/4/09 Draft OPTION AGREEMENT THIS AGREEMENT, made and entered into this day of November, 2009, by and between the City of Richfield, a Municipal Corporation under the Laws of the State of Minnesota (hereinafter called "Seller") and Accessible Space, Inc. a Minnesota nonprofit corporation (hereinafter called "Purchaser"). 1. Seller hereby irrevocably grants and conveys unto Purchaser the exclusive right and option for a six-month period following the HUD 811 application due date of November 16, 2009 (together with any extension permitted under Section 12 below, the "Option Period"), to purchase that certain land situated in the County of Hennepin, State. of Minnesota, as generally described in Exhibit "A" attached hereto (the "Subject Property"). In consideration of the granting of this option, Purchaser shall, within five (5) days of. acceptance hereof by Seller, deposit with a realtor, title company or other escrow agent acceptable to both parties, an initial option money payment in the amount of $1.00. In the event this option is exercised, said sum (the "Initial Option Deposit") shall be applied as a credit on the purchase price hereinafter provided. 2. The parties agree that the Subject Property has a current market value of $405,000. As consideration for the purchase of the Subject Property, the Buyer agrees: (i) to pay, at Closing the total sum of $258,000, less the Initial Option Deposit; and (ii) to pay when due, and before penalty attaches, any real estate taxes assessed against the Subject Property for l~-~ 25 years from the closing date on the Subject Property. The Seller has determined that such tax payments will generate sufficient tax increment to reimburse. it for the additional $147,000 of the current market value. 3. .Purchaser shall have the responsibility of arranging and paying for any surveys that Purchaser may desire. 4. At any time, and from time to time during the Option Period, Purchaser shall have, and Seller hereby gives and grants unto Purchaser, the right of Purchaser, Purchaser's employees, agents, and representatives to enter upon the Subject Property, or any part thereof, with workmen, tools, materials, and equipment, and to make such examination, surveys, and tests, by drilling or otherwise, of said lands as Purchaser may deem desirable to determine the suitability of said premises for Purchaser's purposes. In the event this option is not exercised, Purchaser shall be obligated to restore the. lands to as good or better a condition as its prior condition, repair and restore all fences damaged as a result of such operations, and compensate Seller for any actual damages done to the lands resulting from the operations provided for in this paragraph. Purchaser shall indemnify and hold Seller harmless from any costs or expenses (including attorney fees) which Seller could incur as a result of Purchaser exercising its rights to go upon the Subject Property. In the event this option is exercised, Purchaser shall not be liable for any damage done to said lands or to fences resulting from such operations. 5. In the event the option is not exercised, the aforesaid sum or sums paid for the option shall be returned to Purchaser, 2 `~ and neither party shall have any further claim against the other, except as provided in Section 4 and 12 hereof. 6. The option hereby granted may be exercised by Purchaser by written notice to Seller given at any time before the expiration of Option Period, as it may be extended as set forth below. Such notice shall be deemed sufficiently given if and when it is addressed to Seller as provided in Section 20 below and either (a) delivered personally to Seller, (b) deposited in the United States mail, registered or certified, with postage prepaid, (c) deposited with an overnight delivery service for next day delivery, or (d) telecopied. 7. Notwithstanding any title commitment that Purchaser may have received previously, if Purchaser so requests, and agrees to pay for the cost of the same, Seller shall cause to be delivered to Purchaser, within fifteen (15) days of such request, a current ALTA form commitment for title insurance, in an amount equal to the purchase price,. covering the Subject Property, setting forth all exceptions from the title insurance coverage,. and enclosing copies of all documents of record recited in such commitment. Purchaser will reimburse Seller for the cost of the commitment at the time of such delivery. Purchaser shall have fifteen (15) business days from receipt of said commitment for title insurance to examine and, in its sole discretion, provide written notice to Seller that it (a) objects to the title and conditions its purchase of the property upon the removal of specified exceptions ("Purchaser's Title Objections"), or (b) rejects the same. Seller shall have no. obligation to cure the Purchaser's Title 3 ~~- Objections. In the event Seller is unwilling or is unable to cure any matters set forth in Purchaser's Title Objections, Seller shall, within 15 business days of receipt of Purchaser's Title Objections, notify Purchaser in writing of the matters that Seller is unwilling or unable to cure. Purchaser may then either waive such objections or terminate and cancel this agreement by delivering written notice to Seller, specifying the unacceptable exceptions, and Purchaser shall be entitled to a refund of the amount paid to Seller. Exceptions to title not timely objected to or later waived by Purchaser in writing are herein referred to as "Permitted Exceptions." Title to the Subject Property shall be conveyed by Seller by Quit Claim Deed. As soon as is possible following the closing, Seller shall cause the title company to furnish, at Purchaser's sole expense, an ALTA Extended Coverage Form policy of title insurance, dated as of closing date, insuring title to the Subject Property vested in Purchaser, free from all encumbrances except "Permitted Exceptions." 8. Closing of title shall take place within sixty (60) days after exercise of this option, or upon fifteen (15) days prior written. notice to Seller from Purchaser, given at any time after title is acceptable to Purchaser. 9. 'Fhe Seller agrees to pay the real estate taxes and assessments payable in the year prior to the year of closing, and all prior years' taxes. Real estate taxes and installments of special assessments payable in the year of closing shall be prorated to the closing effective as of the closing date. Seller shall have no other obligation to pay any special assessments 4 /~-7 levied or pending as of the date of closing or thereafter. 10. Seller warrants there are not now and will not be at closing any leases or parties in possession of the Subject Property, except as may be disclosed in the commitment for title insurance or otherwise disclosed by Seller in Seller's Affidavit delivered to Buyer at closing. 11. Purchaser's right to exercise this Option Agreement is specifically contingent upon Purchaser's having obtained satisfactory financing from the United States Department of Housing and Urban Development (HUD) for the proposed housing development. The parties acknowledge the Subject Property is being purchased in an open market and, to the best of Seller's knowledge, the property is not under threat of condemnation or eminent domain proceedings. 12. If Purchaser has received notification that it has been approved for receiving HUD Section 811 Funds prior to the expiration of the option period as described in Section 1 it may be extend the option period for an additional six months, by providing written notice to Seller. Unless extended by mutual agreement of the parties, if closing does not occur within 60 days after the exercise of this option due to any reason other than default by Seller, this Agreement shall terminate and the deposit shall be retained by Seller. If the closing does not occur as a result of Seller's default, the deposit, and payment made by Seller for the title commitment shall be returned to Purchaser. If closing. does occur within such timeframe, or such 5 ra-g extension, the deposit will be applied to the purchase price. If Purchaser has not provided Seller with written notice that it has been approved for receiving HUD Section 811 Funds by the expiration of the option period (as described in Section 1), this agreement shall terminate as of that date without further action by either party, and neither party shall have any further rights or obligations hereunder. 13. In the event of default, the only remedies available are (a) as contained in Section 12 above, or (b) the right of either party to enforce this agreement through an action for specific performance. 14. Possession of the Subject Property shall be delivered by Seller to Purchaser at the time of the closing. 15. The terms "Seller" and "Purchaser" as used herein shall include the heirs, successors, and assigns of the parties hereto, respectively. It is acknowledged that this agreement may be assigned by Purchaser to a new nonprofit corporation sponsored by Accessible Space, Inc., a Minnesota nonprofit corporation. 16. To assist Purchaser in its subsurface investigations, Seller will furnish Purchaser with information of which it is aware, regarding the existence of hazardous substances, water wells and underground storage tanks, provided that Purchaser must be satisfied as a result of its independent investigation as to all such matters. 17. Each party shall be responsible for paying the fees or commissions of any broker retained by that party. 18. Time is of the essence of this agreement. 6 r~_ 9 19. Each party shall, at the request of the other, execute, acknowledge (if appropriate), and deliver whatever additional documents, and do such other acts, as may be reasonably required in order to accomplish the intent and purposes of this agreement. Specifically, Seller agrees to execute. and deliver to Purchaser at closing the HUD form Identity of Interest and Disclosure Certification (the "Disclosure") that identifies any relationships Seller may have with Purchaser or any member of Purchaser's project development team. Seller shall update such Disclosure subsequent to closing if required by HUD. Purchaser shall advise Seller of the identity of Purchaser's development team members a.t any time that Purchaser requests the Disclosure. Purchaser agrees to provide Seller with documentation sufficient to establish that, subject to the interests of HUD should HUD take title to the Subject Property: (i) Purchaser will not use the Subject Property for purposes other than as Affordable Housing for individuals with physical disabilities for a period of at least 25 years from the date that the Subject Property is first occupied for that purpose; and (ii) Purchaser will pay when due and before penalty attaches, any real estate taxes assessed against the Subject Property for such 25-year period and shall not seek, consent or petition for any reduction in taxes that would result in taxes being generated in an amount less than would be generated using the 4d tax classification rate as of the date hereof; and (iii) Seller shall have the right to cause title to the Subject Property to be revested in Seller in the event Purchaser, or any approved successor or assign, shall fail to 7 ~;- o complete construction and obtain a certificate of occupancy for the proposed affordable housing project by the date three years from the date of initial conveyance to Purchaser (the "Completion Date"), provided that Seller shall agree to extend the Completion Date for such reasonable period of time as may be requested by HUD based upon evidence reasonably satisfactory to the Seller that the project will be completed. Seller acknowledges that the foregoing right of reverter shall not be binding upon HUD and shall terminate at such time as HUD may acquire title to the Subject property through foreclosure or deed in lieu thereof. Seller acknowledges that Purchaser's entering into the HUD form Use Agreement shall constitute sufficient documentation to establish compliance with clause (i) above, provided that Purchaser shall also agree that it, and, subject to the interests of HUD, its successors or assigns, shall not seek modification or release of the HUD Use Agreement for at least 25 years from the date that the Subject Property is first occupied for Affordable Housing for individuals with physical disabilities without Seller's-prior approval. Seller shall be entitled to enforce this covenant by specific performance. 20. All communications, notices, and demands of any kind which either party may be required or may desire to give to or serve upon the other shall be made in writing, and such notice shall be deemed sufficiently given if and when it is addressed to then other party as provided below and either (a) delivered personally., (b) deposited in the United States mail, registered or certified, with postage prepaid, (c) deposited with an 8 i a-r ~ overnight delivery service for next day delivery, or (d) telecopied: To Seller: City of Richfield Attn: Christine Costello 6700 Portland Avenue Richfield, MN. 55423 Facsimile No: 612-861-8974 John Dean, Esq. Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth .Street Minneapolis, MN. 55402 To Purchaser: Accessible. Space, Inc. 2550 University Avenue Suite 330N St. Paul, Minnesota 55114 Fax: (651) 645-0541 Attn: Dan Billmark 21. This agreement supersedes all previous agreements and understandings between the parties with respect to the Subject Property. 22. -This agreement and the transaction herein contemplated shall be construed in accordance with,. and governed by, the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. SELLER: CITY OF RICHFIELD, A MUNICIPAL CORPORATION UNDER THE LAWS OF THE STATE OF MINNESOTA By Its 9 I~-1 a. PURCHASER: ACCESSIBLE SPACE, INC. By Dan Billmark Its Director of Real Estate .Development 10 ~a~~ 3 EXHIBIT `A' SUBJECT PROPERTY Lot 6, Block 4 of the R.C. Soens Addition. 11 is-i~{ keeps ~r ~ .. Appraisal 8 consulting, Inc. Real Estate Appraisers and Consultants 3144 Hennepin Avenue, #202, Minneapolis, MN 55408 Tel: (612) 822-7999 Fax: (612) 822-7077 File No. C09-133 October 9, 2009 Mr. John Stark City of Richfield 6700 Portland Avenue Richfield, MN 55423 c/o Corrine A. Heine Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RE: South Portion of: 7700 Pillsbury Avenue South Richfield, MN 55423 Dear Mr. Stark and Ms. Heine: In accordance with your request, I have performed a Summary Appraisal Report of the property identified above. This document is written in conformance with the Uniform Standard of Professional Appraisal Practice (USPAP) as issued by the Appraisal Foundation, Rwle 2-2b, specifically pertaining to Summary Appraisal Reports. All information pertinent to the value conclusions contained herein is presented in a summary format within this report. This Summary Report is considered sufficient such that the client and intended users of the report should understand it, and that they should deem the data, analysis, and conclusions contained herein to be credible. Any additional information, if necessary, is contained within the file and is available to the client. The purpose of this appraisal is to develop an opinion of the subject property's market value. The property rights valued in this appraisal are of the fee simple interest. The intended use of this report is to provide the users with an estimate of market value of the subject real estate for review by HUD, in connection with the purchase and financing of the subject by Accessible Space, Inc. The date of valuation is October 2, 2009, which is the date of the appraisers' initial inspection. The ownership and legal description of this property are set forth in the following report. l a-/5~ C09-133 Paae 2 October 9, 2009 The Scope of Work for this report includes completing an appraisal inspection of the subject, analyzing the Twin Cities market for trends that impact real estate values, and searching the local market for comparable data. This Summary Appraisal Reporf describes significant physical and non-physical factors relevant to the subject property. Information about the city in which the property is located, the subject neighborhood, site, highest and best use, and valuation methods and techniques are summarized within this report. Based upon the data and discussions contained within this report. and supported by information contained in the file, it is my opinion that the market value of the subject, known as the southern portion of 7700 Pillsbury Avenue South in Richfield, Minnesota, as of October 2, 2009 is as follows: Subject's. Estimated MarketValue: $405,000 The exposure time is estimated to be twelve to fifteen months. I hereby certify that I, Kevin T. Meeks, have inspected the subject; that my fee was not contingent upon the value conclusion contained herein; and that I have no interest, present or prospective, in the property appraised. Furthermore, I certify that, to the best of my knowledge and belief, all statements, and opinions contained in this letter are correct, subject to the assumptions, conditions, special limiting conditions, and certification that are made as part of this letter. Respectfully submitted, ". ,,~ KEVIN T. MEEKS, MSA Certified General Real Property Appraiser Minnesota License No. 4003016 l~-l~O Option Agreement with Accessible Space Inc. for 7700 Pillsbury Avenue N 0 45 90 180 270 360 Feet AGENDA SECTION: Resolutions AGENDA ITEM # 13 REPORT # 229 ~~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 10, 2009 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO T ITY ANAGER NAME, TITLE REVIEWED BY CITY / MANAGER: ~//~!.!'J' C ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the final design and specifications for the new Police/Fire/City Hall facilit and authorize advertisement for bids for its construction. I. RECOMMENDED ACTION: By Motion: Approve the attached Resolution Approving Plans and Specifications and Ordering Advertisement for. Bids for a new Police/Fire/City Hall Facility. II. BACKGROUND Wold Architects & Engineers have completed the final plans and specifications for the new Police/Fire/City Hall facility. Plan development has been amonths-long process, incorporating critical input from City staff, the City Council, consultant, Orfield Labs, Inc., CHAT III and neighbors of Heredia Park. The Richfield City Council has had many opportunities to review the plans as they have developed based on feedback and additional information. On April 14, 2009, the City Council approved the Schematic Design Concept for the new facility, and, on July 28, 2009, the City Council approved the Design Development Phase, describing the size and character of the project. This final step of design development ensures that plans are complete and final bid documents are ready in preparation of a bid opening date of December 8, 2009. In accordance with City ordinance, bids will be published twice in the Sun Current, on November 19, 2009 and November 26, 2009. The proposed resolution authorizes the City Manager to approve minor or technical changes in the plans and specifications in order to ensure that final approved plans 1110PIan approval and specifications are ready for release to potential bidders by November 18, 2009. The resolution also authorizes the City Manager to approve bid addenda as necessary to clarify or correct errors in bid specifications and, if any of the corrections are significant enough to require additional time for response, to alter the bid submission deadline or bid award date. Those provisions ensure that the City Manager will have flexibility to address issues related to the specifications in a manner that satisfies the City's needs to maintain the project schedule, obtain bids based on accurate and complete specifications, and ensure that the bid process is open, competitive and in compliance with law. III. BASIS OF RECOMMENDATION A. POLICY • This is the final step in the design process which culminates in the advertisement of bids to construct the new facility. The final plans reflect the input of many stakeholders including City Council members, City staff, Orfield Laboratories, Inc. and Richfield residents. B. CRITICAL ISSUES • This design contemplates and integrates the performance standards provided by Orfield Labs for this project. • In order to meet the bid date of December 8, 2009, bids must be advertised with enough time for contractors to respond. • Bids will be advertised in the Sun Current for publication on November 19, 2009 and November 26, 2009. • The attached resolution gives the City Manager flexibility to address issues related to the specifications in a manner that satisfies the City's needs to maintain the project schedule, obtain bids based on accurate and complete specifications, and ensure that the bid process is open, competitive and in compliance with law. C. FINANCIAL • A delay in the process will likely result in increased construction costs. D. LEGAL • The contracts and resolutions have been reviewed by Richfield's City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • The final plans incorporate many sustainable strategies including high performance mechanical and ventilation systems, day lighting optimization, environmentally sensitive building products and materials, increased permeable area and a rain garden. IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the final plans with modifications. However, this will delay the project and could result in increased costs. • The City Council could postpone approval of the final plans and specifications, however, this would result in a delay of the construction process. ' V. ATTACHMENTS • Resolution • General Conditions document • Final plan book from Wold Architects (to be distributed as soon as available) VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Representatives from Wold Architects • Representatives from Stahl Construction Inc. 13-1 RESOLUTION APPROVING PLANS AND SPECFFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR A NEW POLICE/FIRE/CITY HALL FACILITY WHEREAS,. the City's architect, WoCd Architects and Engineers, has prepared plans and specifications for the construction of the proposed Police/Fire/City Hall Facility and has presented such plans and specifications to the City Council for approval; and WHEREAS, pursuant to Section 8.04 and 8.05 of the Richfield City Charter, the City Council has previously adopted Transitory Ordinance No. 18.58, approving the construction of a new Police/Fire/City Hall Facility on City-owned property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF RICHFIELD, MINNESOTA: 1. The plans and specifications prepared by Wold Architects and Engineers. for the Police/Fire/City Hall Facility and including but not limited to the general. conditions of contract, are hereby approved. The City Manager is authorized to approve minor and technical modifications to the plans and specifications between now and the date that bid packages are released to potential bidders. 2. The City's construction manager shall prepare and cause to be inserted in the official newspaper, and in such other publications as the construction manager deems appropriate, an advertisement for bids upon the proposed construction under such approved plans and specifications. The advertisement shall be published for at least 10 days prior to the bid return date, shall specify the work to be done, shall state that bids will be received by the city clerk until 2 o'clock p.m. on December 8, 2009, at which time they will be publicly opened in the Council Chambers of the City Hall, will then be tabulated, and will be considered by the Council at 7 o'clock p.m. on December 17, 2009, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with .the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for not less than 5% percent of the amount of such bid. 3. The City Manager is authorized to issue bid addenda upon the recommendation of the Construction Manager and Architect, for the purposes of clarifying the bid documents or correcting errors in the same, and, when deemed necessary to allow an adequate time for response to the bid addenda, the City Manager may approve. a bid addendum to extend the deadline for submission of bids and to change the date for award of bids. Adopted by the City Council of the City of Richfield, Minnesota this 10th .day of November, 2009. Debbie Goettel, Mayor Nancy Gibbs, City Clerk ,ems =~- D current A201/CMaTM -1992 o General Conditions of the Contract for Construction where the Construction Manager is NOT a Constructor for the following PROJECT: (Name and location or address): ADDITIONS AND DELETIONS: City of Richfield Police, Fire & City Hall Facility The author of this document has 6700 Portland Avenue - added information needed for its Richfield, MN 55423 completion. The author may also have revised the text of the original THE OWNER:.. AIA standard form. An Additions and (Name and address): Deletions Report that notes added City of Richfield information as well as revisions to the 6700 Portland Avenue standard form text is available from Richfield, MN 55423 ~ the author and should be reviewed. A vertical line in the left margin of this document indicates where the author THE ARCHITECT: has added necessary information (Name and address): and where the author has added to or ~Wold Architects deleted from the original AIA text. 305 St. Peter Street This document has important legal St. Paul, MN 55102 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 ` PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF~WORK 13 MISCELLANEOUS PROVISIONS Irtlt. AIA Document A201/CMatM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA°r' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may 2 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) INDEX Acceptance of Nonconforming Work 9.6.6, 9:9.3. 12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 4:6.6, 10 Acts and Omissions 3.2.1, 3.2.2, 3:3:2, 3.12.8, 3.18, 4.6.6, 4:6.2., 4.7.9, 8.3.1, 10.1.4,10.2.5,13.4.2,13.7,14.1 Addenda 1.1:1, 3.11 Additional Costs, Claims for 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 Additional Inspections and Testing 4.6.10, 9.8.2, 12.2.1 , 13:5 Additional Time, Claims for 4.7.6, 4.7.8, 4.7.9, 8.3:2; 10.3 ADMINISTRATION OF THE CONTRACT 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.6.20. 4:9.1 Allowances 3.8 All-risk Insurance 11.3.1.1 Applications for Payment 4.6.9, 7.3.7, 9.2, 9.3; 9:4; 9.5:1, 9.6.3, 9.83, 9.10.1, 9:10.3, 9.10.4, 11.1.3, 14.2.4 Approvals 2.4, 3.3.3, 3.5, 3.10.3, 3.12:4 through 3.12.8, 3.18.3, 4.6.12, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration 4.5, 4.7.4, 4.9, 8.3.1; 10.1.2, 11.3.9, 11.3.10 Architect 4.1 Architect, and Certificate of Payment 4.6.9 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.6, 4:6.6, 4.7.2, 5.2, 6.3, 7.1.2, 7.2.1, 7.4,9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12:2:1;13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility 3:3.3, 3.12.8, 3.12,11, 4.6.5, 4.6.6, 4.6.10, 4.6.12, 4.6.17, 4.6.19, 4.6.20, 4.7.2, 5.2.1, 7.4, 9.6.4 Architect's Additional Services and Expenses 2.4,9.8.211.3.1.1,12.2.1,12:2.4,13.5.2,13.5.3,14.2.4 Architect's Administration of the Contract 4.6,4.7.6,4.7.7,4.8,9.4,9.5 Architect's Approvals 2.4.1,3.5.1,3.10.3,3.12.6,3.12.8,3.18.3,4.6.12 Architect's Authority to Reject Work 3.5.1, 4.6.10, 12:1.2, 12.2.1 Architect's Copyright 1.3 Architect's Decisions 4.6.10, 4.6.12„'4.6.18, 4.6.19,4.6.20.4.7.2, 4.7.6, 4.8.1, 4.8.4,4.9;6.3,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections 4.6.5,4.6.16,4.7.6,9.4.3,9.8.2,9.9.2,9.10.1,13.5 Architect's Instructions 4.6.10, 4.6.12, 7.4.1, 9.4.3, 12.1, 13.5.2 Architect's Interpretations 4.6.18, 4.6.19, 4.7.7 Architect's On-Site Observations 4.6.5,4.6.9,4.7.6,9.4.3,9.5.1,9.10.1, 13.5 Architect's Project Representative 4.6.17 . Architect's Relationship with Contractor 1.1.2,3.2.1,3.2.2,3.3.3,3.5.1,3.7.3,3.11,3.12.8,' 3.12.11,3.16,3.18,4.6.6,4.6.7,4.6.10,4.6.12,4.6.19, 5.2, 6.2.2, 7.3.4, 9.8.2, 10.1.2, 10.1.4, 10.1.5, 11.3.7, 12.1, 13.5 Architect's Relationship with Construction Manager 1.1.2, 2.4.1, 3.12.6, 3.12.8, 4.6.8, 4.6.10, 4.6.14, 4.6.16, 4.6.18,6.3.1,9.7.1,9.8,9.9.1,9.9.2,9.10.1,9.10.2, 9.10.3,12.2.4,13.5.1,13.5.2,13.5.4,14.2.4 Architect's Relationship with Subcontractors 1.1.2, 4.6.6, 4.6.7, 4.6.10, 5.3.1, 9.6.3,9.6.4, 11.3.7 Architect's Representations 9.4.3, 9.5.1, 9.10.1 Architect's Site Visits 4.6.5,4.6.9,4.6.16,4.7.6,9.4.3,9.5.1,9.8.2,9.9.2, 9.10.1, 13.5 Asbestos 10.1.2, 10.1.3,.10.1.4 Attorneys' Fees 3.18.1, 9.10.2, 10.1.4 Award of Sepazate Contracts 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 9.10.2 Bonds, Performance and Payment 7.3.6.4, 9.10.3,,11.3.9, 11.4 Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAP9 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may 3 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Building Permit 2.2.3, 3.7.1 Capitalization 1.4 Certificate of Substantial Completion 9.8.2 Certificates for Payment 4.6.8, 4.6.9', 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9~ 10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 3.12.11, 13.5.4 Certificates of Insurance 9.3.2, 9.10.2, 11.1.3 Change Orders 1:1.1,2.4:1,3.8.2.4,3.11.1,4.6.13,4.7.3,5.2.3,7.1,7.2, 7.3.2,8.3.1;9.3.1.1,9.10.3,11.3.1.2,11.3.4,11.3.9, 12.1.2 Change Orders, Definition of 7.2.1 Changes 7.1 CHANGES IN THE WORK 3.11, 4.6.13, 4.6.14, 7;$.3:1, 9.3.1.1, 10.1.3 Claim, Defitution of 4.7.1 Claims and Disputes` 4.7, 4.8, 4.9, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims 4.9.6 Claims for Additional Cost 4.7.6, 4.7.7, 4.7.9, 6.1.1, 10.3 ` Claims for Additional Time 4:6.9, 4.7.6, 4.7.8, 4.7.9, 8.3.2 Claims for Concealed or Unknown Conditions 4.7.6 Claims for Damages 3.1&; 4,7.9, 6.1.1; 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration 4.7.2, 4.8.4, 4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2:12 ,2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1 3.12.6, 4.7.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2; 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of 8.1.2 Communications; Owner to Architect 2.2:6 Communications, Owner to Construction Manager 2.2.6 Communications Facilitating Contract Administration 3.9.1 4.6.7, 5.2.1 Completion, Conditions Relating to 3.11,3.15,4.6.5,4.6.16,4.7.2,9.4.2,9.8,9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.6.16,4.7.5.2,8.1.1,8.1.3,8.2.3,9.8,9.9.1,12.2.2, 13.7 Compliance with Laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 11.1, 11.3, 13.1, 13.5.1, 13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions 4.7.6 Conditions of the Contract 1.1,1, 1.1.7, 6.1.1 Consent, Written 1.3.1,3.12.8,3.14.2,4.7.4.4.9.5,9.3.2,9.8.2,9.9.1, 9.10.2, 9.10.3, 10.12, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2; 13.4.2 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 4.6.13,.7.1, 7.3, 9.3.1.1 Construction Manager 4.2 Construction Manager, and Building Permits 2.2.3 Construction Manager, Claims against 4.7.2 Construction Manager, Communications through 4.6.7 Construction Manager, and Construction Schedule 3.10.1, 3.10.2 Construction Manager, Definition of 4.2.1 Construction Manager, and Documents and Samples at the Site , 3.11.1 Construction Manager, Extent of Authority 3.12.6,3.12.8,4.3,4.6.3,4.6.11,7.1.2,7.2.1,7.3.1, 8.3.1,9.2.1,9.3.1,9.4.1,9.4.3,9.8.2,9.8.3,9.9.1, 12.1', 12.2.1,12.2.4,14.2.2,14.2.4 Construction Manager, Limitations of Authority and Responsibility 4.6.6, 4.6.10, 13.4.2 Construction Manager, and Submittals 3.10.3 Construction Manager's Additional Services and Expenses 12.2.1, 12.2.4 Construction Manager's Administration of the Contract 4.6, 9.4, 9.5 Construction Manager's Approval 2.4.1, 3.10.3 Construction Manager's Authority to Reject Work 4.6.10, 12.2.1 Construction Manager's Decisions 7.3.6,7.3.7,7.3.8,9.3.1,9.4.1,9.5.1 Init. AIA Document A201/CMaTM - 1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA°° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may 4 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Construction Manager's Inspections 4.6.10, 9.4.3, 9.8.2, 9.9.2, 12.1.1 Construction Manager's On-Site Observations 9.5.1 Construction Manager's Relationship with Architect :1.1.2, 4.6.8, 4.6.10, 4.6.11, 4.6.14, 4.6.16, 4.6.18, 6.3.1, 9.2.1,9.4.2,9.4.3,9.51,9.6.1,9.6.3,9.8.2,9.8.3,9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4 Construction Manager's Relationship with Contractor 3.2.1, 3.2.2 3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.10.1, 3.10.2, 3.10.3,3.11.1,3.12.5,3.12.6,3.12.8,3.12.9,3.12.10, 3.12.11,3:13.2,3.14,2,3.15.2,3.16.1,3.17.1,3.18.1, 3.18.3,4.6.3;4.6.4,4.6.6,4.6.11,5.2,6.2.1,6.2.2,7.1.2, 7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1,9.3.1, 9.4.1, 9.4.2, .9.4.3,9.7.1,9.8.2,9.9.1,9.101,9.10.2,9.10.3,10.1.1, 10.1.2, 10.1.5, 10.2.6, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3,13.5.4 Construction Manager's Relationship with Owner 2:2.3,4.6.1,4.6.2,10.1.6 Construction Manager's Relationship with Other Contractors and Owner's Own Forces .4.6.3 Construction Manager's Relationship with Subcontractors 4.6.10,5.3.1,9.6.3,9.6.4 Construction Manager's Representations 9.4.3, 9.5.1 Construction Manager's Site Visits 9.4.4, 9.5.1 Construction Schedules;,Contiactor's . 3.10,4.6.3,4.6.4 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance 4.7.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.7,7, 5.4.1.1, 14 Contract Administration 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2,9.2; 11.1..3, 11.3.6, 11.4.1 Contract Documents; The 1.1; 1.2, 7 Contract Documents, Copies Furnished and Use of 1.3, 2.2.5, 5.3 Contract Documents, Definition of 1.1:1. Contract Performance During Arbitration 4.7.4'; 4.9.3 Contract Sum 3.8, 4.7.6, 4.7.7, 4.8.4, 5.2.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition of 9.1.1 Contract Time 4.7.6, 4.7.8.1, 4.8.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7„ 12.1.1 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1.1, 6.1.2 Contractor's Bid 1.1.1 Contractor's Construction Schedules 3.10 Contractor's Employees 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.6.6, 4.6.10, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance 11.1, 11.3.1.5 Contractor's Relationship with Other Contractors and Owner's Own Forces 3.12.5, 3.14.2, 4.6.3, 4.6.7, 12.2.5 Contractor's Relationship with Subcontractors 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect 1.1.2,3.2.1,3.2.2,3.3.3,3.5.1,3.7.3,3.10.1,3.10.3, 3.11.1,3.12.6,3.12.8,3.12.9,3.16.1,3.18,4.6.6,4.6.7, 4.6.10,4.6.12,4.6.19,5.2,6.2.2,7.3.4,9.2,9.3.1,9.8.2, 9.10.3,10.1.2, 10.1.5, 10.2,6, 11..3.7, 12.1, 13.5 Contractor's Relationship with the Construction Manager 1.1.2, 3.2.1, 3.2.2,3.3.1, 3.3.3, 3.5.1, 3.7.3, 3.7.4, 3.10.1, 3.10.2,3.10.3,3.11.1,3.12.5,3.12.6,3.12.8,3.12.9, 3.12.11,3.13.2,3.14.2,3.15.2,3.16.1,3.17.1,3.18.1, 3.18.3,4.6.3,4.6.4,4.6.6,5.2,6.2.1,6.2.2,7.1.2,7.2.1, 7.3.4, 7.3.6, 7.3.9, 8.3.1, 9.2.1, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.7.1,9.8.2,9.9.1,9.10.1,9.10.2,9.10.3, 10.1.1,10.1.2, 10.1.5,10.2.6,11.3.7,12.1,13.5.1,13.5.2,13.5.3,13.5.4 Contractor's Representations 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 4.6.6, 10 Contractor's Review of Contract Documents 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10,3.11,3.12,4.6.12,5.2.1,5.2.3,7.3.6,9.2,9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.4, 3.3, 3.4, 4.6.6, 8.2.2, 8.2.3, 10 AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA°L Dacument is Inlt. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'a Document, or any portion of it, may 5 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Contractual Liability Insurance 1 ]..1.1.7, 11.2.1, 11.3.1.5 Coordinatiomand Correlation 1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7, 6.2.1 Copies Furnished of Drawings and Specifications 1.3, 2.2.5, 3.11 Correction of Work 2.3, 2.4, 3.2.1, 4.6.1, 9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of 7.3.6 Costs 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2., 4.7.6, 4.7.7, 4.7.8.1, 5.2.3, 6.1.1, 6:2.3, 6.3.1, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2, 11.3.1.2,11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching 3.14, 6.2.6 Damage to Construction of Owner or Other Contractors 3.14.2, 6.2.4, 9.5.1:5, 10.2.1.2; 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work 3.14.2, 9.9.1, 10.2.1;2, 10.2.5;10.3, 11.3 Damages, Claims for 3.18, 4.6.9, 6.1.1, 6.2.5, 8.3.2, .9.5.1.2, 10.1.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6,9.7 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect .4:6,4.7,6,3,8.1.3,8.3.1,9.2,9.4,9.5:1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions of the Construction Manager 4.3, 7.3.6, 7.3.7, 7.3.8, 9.3.1, 9.4.1, 9.4.3, 9.5.1 Decisions to Withhold Certification 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5.1,4.6.1, 4.6.10, 4.7.5, 9.5, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1.1, 2.1.1, 3.1, 3.5:1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.2.1, 4.7.1,5.1,6.1.1,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Delays~andExtensions of Time 4.7.1, 4.7.8.1, 4.7.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1.3, 7.3.4, 7:3.5, 7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4 Disputes 4.7, 4.8, 4.9, 6.2.5, 6.3, 7.3.8, 9.3.1.2 , Documents and Samples at the Site 3.11 t Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.7.7, 10.3 Employees, Contractor's 3.3.2.,3.4.2,3.8.1,3.9,3.18.1,3.18.2,4.6.6,4.6.10, 8.1.2,10.2,10.3,11.1.1,14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.12.2,3.12.3,3.12.7, 3.12.11,3.13,3.15.1,4.6.12,6.2.1,7.3.6,9.3.2,9.3.3, 11.3,12.2.4,14.1.2,14.2.1,14.2.2 Execution and Progress of the Work 1.2.3, 3.4.1, 3.5.1, 4.6.5, 4.6.6, 4.7.4, 4.7.8, 6.2.2, 7.1.3, 8.2, 8.3, 9.5, 9.9.1, 10.2.3, 10.2.4 Execution, Correlation and Intent of the Contract Documents 1.2, 3.7.1 Extensions of Time 4.7.1, 4.7.8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor 9.5.1.3, 14.2.1.2 Failure of Payment by Owner 4.7.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's 2.2.1 Fire and Extended Coverage Insurance 11.3.1.1, 11.3.5, 11.3.7 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.1, 10.2.4 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.1.4, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 4.7.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3,10.1.4,11.2,11.3,13.5.1,13.5.2 Injury or Damage to Person or Property 4.7.9 Inspections 3.3.3, 3.3.4, 3.7.1, 4.6.5, 4.6.6, 4.6.16, 4.7.6, 9.4.3, 9.8.2,9.9.2,9.10.1, 12.1.1, 13.5 Init. AIA Document A201lCMa'"" -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may s result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Instructions to Bidders 1..1.1 Instructions to the Contractor 3.8.1, 4.6.13, 5.2.1, 7, 12.1, 13.5.2 Insurance 4.7.9, 6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2, 11 Insurance, Boiler and Machinery 11.3:2 Insurance, Contractor's Liability 11.1, 11.3.1.13 Insurance, Effective Date of 8.2.2, 11.1:2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2, 11.3.1.3 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2, 11.3.1.4 INSURANCE AND BONDS 11 Tiisurance Companies, Consent to Partial Occupancy 9:9.1, 11.3.11 Insurance Companies, Settlement with 11.3.10 Intent of the Contract Documents 1.2.3, 3.12.4, 4.6.10, 4:6.12, 4.6.19, 4.6.20, 7.4 Interest 13.6 Interpretation 1.2.5,1.4,1.5,4.1:1;4.7.1,5.1,6.1.2,8.1.4 Interpretations, Written 4.6:.18, 4.6.19, 4.7.7 Joinder and Consolidation of Claims Required 4.9.5 Judgment on Final Award 4.9.1, 4.9.4:1; 4.9.7 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11,3.13,3.15.1,4.6.12,6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4,14.1.2,14.2.1,14.2.2 Labor Disputes 8.3.1 Laws and Regulations 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.5, 4.9.7, 9.9.1, 10.2.2, 11.1, 11.3,13.1,13.4.1,13.5.1,13.5.2,13.6 Liens 2.1:2, 4.7.2, 4.7.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on Consolidation or Joinder 4.95 Limitations, Statutes of 4.9.4:2; 12.2.6, 13.7 Limitations of Authority 3.3.1,4.6.12,4.6.17,5.2.2,5.2.4,7.4, 11.3.10 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.6.10, 4.6.12, 4.6.19, 6.2.2, 9.4.3, 9.6.4, 9.10.4, 10.1.4, 10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 Limitations of Time, General 2.2.1,2.2.4,3.2.1,3.7.3,3.8.2,3.10,3.12.5,3.15.1, 4.6.1, 4.6.12, 4.6.18, 4.7.2, 4.7.3, 4.7.4, 4.7.6,.4.7.9, 4.6.4.2,5.2.1,5.2.3,6.2.4,7.3.4,7.4,8.2,9.2,9.5,9.6.2, 9.8,9.10,11.1.3,11.3.1,11.3.2,11.3.5,11.3.6,12.2.1, 12.2.2,13.5,13.7,14.3 Limitations of Time, Specific 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1,4.6.1,4.6.18,4.7, 4.8, 4.9, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.3.1, 9.3.3, 9.4.1, 9.6.,1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2,12.2.4,12.2.6,13.7,14.1,14.2.2 Loss of Use Insurance 11.3.3 Material Suppliers . 1.3.1,3.12.1,4.6.7,4.6.10,5.2.1,9.3.1,9.3.1.2,9.3.3, 9:4.3, 9.6.5, 9.10.4 Materials, Hazardous 10.1, 10.2.4 Materials, Labor, Equipment and 1.1.3, 1.1.6,3.4.1,3.5.1,3.8.2,3.12.2,3.12.3,3.12.7, 3.12.11,3.13,3.15.1,4.6.12,6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4,14.1.2,14.2.1,14.2.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1,4.6.6,4.6.12,9.4.3 Minor Changes in the Work 1.1.1,4.6.13,4.7.7,7.1,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2,3.7.3,3.11,4.1.2,4.6.1,5.2.3,7,8.3.1,9.7 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, 4.7.5.2, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8,3.12.9, 3.17,4.7,4.8.4,4.9,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,13.3,13.5.1,13.5.2,14 Notice, Written 2.3, 2.4, 3.9, 3.12.8, 3.12.9,4.7, 4.8.4, 4.9, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may 7 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Notices, Permits, Fees and 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On-Site 4.6.5,4.6.9,4.6.10,4.7.6,9.4.4,9.5.1,9.10.1, 12.1.1, 13.5 Observations, Construction Manager's On-Site 9.4:4, 1.2.1.1 Observations, Contractor's 1.2.2, 3.2.2 Occupancy 9.6.6, 9.8.1,' 9.9; 11.3.1.1 On-Site Inspections by the Architect 4.6.5, 4.6.16, 4..7.6, 9.4.4, 9.8:2, 9.9.2, 9.10.1 On-Site Observations by the Architect 4.6.5,4.6.9;4.7.6,9.4.4,9.5.1,9.10.1,13.5 On-Site Observations by the Construction Manager 9.4.4, 9.5.1 Orders, Written 2.3, 3.9, 4:7.7, 7', 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 Other Contracts and Contractors 1.1.4, 3.14.2, 4.6.7, 4.9.5, 6, 11.3.7, 12.1.2, 12.2.5 OWNER 2 Owner, Definition of 2:l Owner, Information and Services Required of the 2.1.2, 2.2, 4.6.2, 4.6.4, 6, 9, 10.1.4, 10.1.6, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Authority 3.8.1,5.2.1,5.2.4,5.4.],7.3.1,8.2.2,9.3.1,9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, ] 4.3.1 Owner's Financial Capability 2:2.1, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.3.3 Owner's Relationship with Subcontractors 1.1.2, 5.2.1, 5.4.1, 9:6.4 Owner's Right to Carry Out the Work 2.4, 12.2.4, 14.2.2.2 Owners Right to Clean Up 6.3 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1 Owner's Right to Stop the Work 2.3, 4.7.7 Owner's-Right to Suspend the Work° 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.11 Patching, Cutting and 3.14, 6.2.6 Patents, Royalties and 3.17 Payment, Applications for 4.6.9,9.2,9.3,9.4,9.5.1,9.8.3,9.10.1,9.10.3,9.10.4, 14.2.4 Payment, Certificates for 4.6.9,4.6.16,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.7.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final 4.6.1, 4.6.16, 4.7.2, 4.7.5, 9.10,11.1.2., 11.1.3, 11.3.5, 12.3.1 Payment Bond, Performance Bond and 7.3.6.4, 9.10.3,11.3.9, 11.4 Payments, Progress 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB 10.1.2, 10.1.3, 10.1.4 Performance Bond and Payment Bond 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.1.2, 10.1.3, 10.1.4 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.6.5, 4.7.4, 8.2 Progress Payments 4.7.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Project, Definition of the 1.1.4 Project Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 4.6.17 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.9.7, 10.2.2, 11.1, 11.3, 13.1, 13.4,13.5.1,13.5.2,13.6,14 Init. AIA Document A201/CMaTM -1992. Copyright .©1992 by The American Institute of Architects. Atl rights reserved. WARNING: This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction. or distribution of this AIA'a Document, or any portion of ii, may 8 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 1 0/2 612 0 0 9 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Rejection of Work 3.5.1, 4.6.10, 12.2. Releases of Waivers and Liens 9.10.2 Representations 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1, 9.8.2, 9.10.1 Representatives 2:1.1,3.1.1,3.9,4.1.1,4.6.1,4.6.17,5.1.1,5.1.2,13.2.1 Resolution df Claims and Disputes 4s8, 4.9 Responsibility for Those Performing the Work 3.3.2, 4.6.6, 6.2., 10 Retainage 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by Owner, Construction Manager and Architect 3.10.1, 3.10.3, 3.11, 3.12,.4.6.12. 4.6.16, 5.2.1, 5.2.3, 9.2. 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12.5 Rights and Remedies 1.1.2, 2:3, 2.4, 3.5,1, 3.15.2; 4.6:10, 4.7.6, 4.9, 5.3, 6.1, 6.3,7.3.1,8.3.1,9.5.1,9.'7,10.2.5,10.3,12.2.2,12.2.4, 13.4, 14 Royalties and Patents 3.17 Rules and Notices for Arbitration 4.9.2 Safety of Persons and Property 10.2 Safety Precautions and Programs 4.6.6, 4.6.12, 10.1 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.6.12 Samples at the Site;Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10 Separate Contracts and Contractors 1.1.4 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11,3.12,4.6.11,4.6.12,4.6.15 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2, 3.3.4, 4.6.5, 4.6.16, 4.7.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's 4.6.5,4.6.9,4.7.6,9.4,9.5.1,9.8.2,9.9.2,9.10.1, 13.5 Special Inspections and Testing 4.6.10, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.11 Statute of Limitations 4.9.4.2, 12.2.6, 13.7 Stopping the Work 2.3, 4.7.7, 9.7, 10.1.2, 10.3, 14.1 Stored Materials 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Subcontractor, Definition of 5.1:1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.4,3,3.2,3.12.1,4.6.6,4.6.10,5.3,5.4 Subcontraclual Relations 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8,14.1.1,14.1.3,14.2.1.2 Submittals 1.3,3.2.3,3.10,3.11,3.12,4.6.12,5.2.1,5.2.3,7.3.6, 9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3, 11.1.3 Subrogation, Waivers of 6.1.1, 11.3.5,11.3.7 Substantial Completion 4.6.16,8.1.1,8.1.3,8.2.3,9.8,9.9.1,12.2.1,12.2.2,13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.4 Substitution of Construction Manager 4.4 Substitutions of Materials 3.5.1 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4.7.6 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.4, 3.3, 3.4, 4.6.6, 4.7.4, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety 4.8.1, 4.8.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.2, 3.18.3 Init. AIA Document A207/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 9 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Suspension by the Owner for Convenience 14.3 Suspension of the Work 4.7.7,5.4.2,14.1.1.4,14.3 Suspension or Termination of the Contract 4.7.7, 5.4.1.1, 14 Taxes 3.6, 7.3.6.4 Termination by the Contractor 14.1 Termination by the Owner for Cause 5.4.1.1, 14.2 Termination of the Architect 4.4 Termination of the Construction Manager 4.4 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.3.3,4.6.10,4.6.16,9.4.3,12.2..1,13.5 TIME 8 Time, Delays and Extensions of 4.7.8, 7.2.1, 8.3 Time Limits, Specific 2.1.2;2.2.1,2.4,3.10,4.6.18,4.7;4.8.1,4.8.3,4.8.4, 4.9.1, 4.9.4.1, 4.9.4.2; 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1; 9.6.1; 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6,11.3.10,11.3.11,12.2.2,12.2.4,12:2.6,13.7,14 Time Limits on Claims 4.7.2, 4.7.3, 4:7.6, 4.7.9, 4.8, 4.9 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.7.6, 8.3.1, 10.1 Unit Prices 7.1.4, 7.3.3.2 Use of Documents 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of , 9.2, 9.3.1 Waiver of Claims: Final Payment 4.7.5, 4.9.1, 9.10.3 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner 4.7.5, 4.9.1, 9.9.3, 9.10.3, 11.3.3, 11.3.5,11.3.7, 13.4.2 Waiver of Liens 9.10.2 Waivers of Subrogation 6.1.1, 11.3.5, 11.3.7 Warranty and Warranties 3.5, 4.6.16, 4.7.5, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3 Weather Delays 4.7.8.2 When,Arbitration May Be Demanded 4.9.4 Work, Definition. of 1.1.3 Written Consent 1.3.1, 3.12.8, 3.14.2, 4.7.4, 4.9:5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations 4.6.18, 4.6.19, 4.7.7 Written Notice 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.7.1,.4.7.6, 4.7.9, 4.8.4, 4.9.4.1,5.2.1,5.3,5.4.1.1,8.2.2,9.4,9.5.1,9.7,9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,13.3, 13.5.2, 14 Written Orders 2.3, 3.9, 4.7.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 Init. AIA Document A201/CMaT"" - 7992. Copyright m 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA°9 Document is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may 10 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS T11e Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents.do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between the Owner and a Subcontractor or Sub-subcontractor or (5) between any persons or entities other than the Owner and Contractor. The Construction Manager slid Architect shall, however, be entitled to performance and enforcement of obligations udder the Contract intended to facilitate performance of their duties. § 1.1.3 THE< WORK The term "Work" mean~~ ~ he construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfilLthe C~mtra~tor's obligations. The Work may constitute the whole or a part of the Project. § 1.1,4 THE PROJECT The Project is thetetalc~n~<truetion of which the Work performed under the Contract Documents may be the whole or a parEand which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 THE- DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that porCion of ttie Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. § 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either. the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents-uponrequest. § 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements,of the Contract Documents. § 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. AIA Document A207/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIA'a Document, or any portion of it, may 11 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepazed by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Froject. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. § 1.4 CAPITALIZATION § 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.5INTERPRETATION- § 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER § 2.1 DEFINITION § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term ".Owner" means the Owner or the Owner's authorized representative, which authorization shall be in writing and shall describe the scope of authority granted by Owner's Council § 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to asthe site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. § 2.21NFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 (Note: U~zless such reasonable evidence were furnished on request prior to the execution of the Agreement, the prospective contr-aetor would not be required to execute the Agreement or to commence the Work.] § 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Owner does not warrant the accuracy of utility locations of private utilities. The Contractor is responsible to verify private utility locations. Iltlt. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtA`s Document, or any portion of it, may 12 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building pernut. § 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. § 2.2.5 Unless otherwise provided,in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. § 2.2.6 The Owner shall forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications. to the Architect. § 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ' § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 Prior to substantial completion if the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within aten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting front payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owners expenses and.compensation for Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect,. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 After substantial completion, if the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails to correct such deficiencies within 30 days of receipt of written notice from the Architect or Owner; the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments, then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3:1 DEFINITION: § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may 13 result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2125/2010, and is not for resale. User Notes: (2366668183) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Section 2.2.2 and shall at once report to the Construction Manager and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner, Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Construction Manager and Architect. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice, to the Construction Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. § 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities: Errors, inconsistencies or omissions discovered shall be reported to the Construction Manager and Architect at once. § 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Section 3.12. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinatitxg all portions of the Work under this Contract, subject to overall coordination of the Construction Manager as provided in Sections 4.6.3 and 4.6.4. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, SubcontYactors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. § 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 3.3.4 The Contractor- shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3,4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and tniernationai Treaties. Unauthorized reproduction or distribution of this AIA'a Document, or any portion of it, may 14 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 3.6 TAXES § 3.6.1 The Contractor shall pay. sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES AND NOTICES § 3.7.1 The Owner will waive or pay City Development Fees, Metropolitan Waste Control Commission (MWCC) Sewer Availability Charge (SAC), Water Availability Charge (WAC) and Electrical Connection Charges. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules and regulations and lawful orders of public authorities bearing on performance of the Work. § 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection: § 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the W ork ` .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.2 and (2) changes in Contractor's costs under Section 3.8.2.3. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor` shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during_performance of the Work. The superintendent shall represent the Contractor, and conununications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate uttervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'x Document, or any portion of it, may 15 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's and Architect's approval, a schedule of submittals which is coordinated with the Contractor's Constructlon Schedule and allows the Construction Manager and Architect reasonable time to review submittals. § 3.10.4 The Contractor shall conform to the most recent schedules. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders. and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition Architect reviewed Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction Manager and Architect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Section 4.6.12. § 3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in accordance with the schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Contractor which are not required by the Contract Documents may berettirned without action. § 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed by the Construction Manager and Architect. Such Work shall be in accordance with approved submittals. § 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto; or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.8 The Contractor. shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's review of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. Itlit. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA°fl Document is protected by U.S. Copyright Law and tnternational Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may 16 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. § 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to azeas permitted bylaw, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.14 CUTTING AND PATCHING § 3,14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts tit together properly. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the Construction Manager, Owner and such other Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. § 3.15:2 If the Cotitractor fails to clean up as provided in the Contract Documents, the Construction Manager may do so with the Owner's approval and the cost thereof shall be charged to the Contractor. § 3.16 ACCESS TO WORK § 3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES AND PATENTS § 3.17,1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect haztnless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a paztculaz manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.181NDEMNIFICATION § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of. any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they maybe liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a 'party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is Init, protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, ar any portion of it, may 17 result in severe civil and criminal penatiies, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. § 3.18.3 The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the Construction Manager, Architect, their consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Construction Manager, Architect, their consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. § 4.2 CONSTRUCTION MANAGER § 4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. § 4.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. § 4.4 In case of termination of employment of the Construction Manager or Architect, the Owner shall appoint a construction manager or architect against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former construction manager or architect, respectively. (Paragr-aplz deleted) § 4.6 ADMINISTRATION OF"THE CONTRACT § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until the end of the warranty period which ends one year from the date the final Certificate for payment is issued, (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. The Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract § 4.6.2 The Construction Manager will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard. the Owner against defects and deficiencies in the Work. § 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and the Construction Manager and Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. § 4.6:4 The Construction Manager will schedule and coordinate the activities of the Contractors in accordance with the latest approved Project construction schedule. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAs' Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA's Document, or any portion of it, may 18 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. § 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Section 3.3, and subject to the Construction Manager's and Architect's respective duties of care and diligence established in their respective Agreements with Owner neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. § 4.6.7 Communications Facilitating Contract Administration, Except as otherwise provided in the Contract Documents or when direct connnunications have been specially authorized, the Owner and Contractor shall communicate through the Construction Manager, and shall contemporaneously provide the same communications to the Architect. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. § 4.6.8 The Construction Manager will review and certify all Applications for Payment by the Contractor, including final payment. The Construction Manager will assemble each of the Contractor's Applications for Payment with similar Applications from other Contractors into a Project Application and Project Certificate for Payment. After reviewing and certifying the amounts due the Contractors, the Construction Manager will submit the Project Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates for Payment, to the Architect. s § 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. § 4.6.10 The Architect will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract Documents. Whenever the Construction Manager considers it necessary or advisable for implementation of the intent of theCoiiti-act Documents, the Construction Manager will have authority to require additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.6.1 S through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect° s nor the Construction Manager's authority to act under this Section 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.6.11 The Construction Manager will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or the Architect. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAx' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'a Document, or any portion of it, may i 9 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 4.6.12 The Architect will review and take one of the following actions: Reviewed, Rejected, Review Comments, Revise and Resubmit upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the linuted purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will betaken in accordance with the submittal schedule approved by the Construction Manager and Architect or, in the absence of an approved submittal schedule, the Architect will determine review timelines. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, coordinating the work or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change birectives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Section 7.4. § 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required subnttals. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.6.16 The Construction Manager will assist the Architect in conducting inspections to determine the dates of - Substantial Completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contractor. The Construction Manager will forward to the Architect a final Project Application and Project Certificate for Payment upon compliance with the requirements of the Contract Documents. § 4.6.17 If the Owner,and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.6.18 The Architect will interpretand decide matters concerning performance under and requirements of the Contract Documents on written request of the Construction Manager, Owner or Contractor.. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.6, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. § 4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.6,20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.7 CLAIMS AND DISPUTES § 4.7.1 Definition. A Claim is a demand or assertion by Contractor seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the Contractor. Init. AIA Document A207/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may 20 .result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 an 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or Architect, shall be referred initially to the Architect for action as provided in Section 4.8. A decision by the Architect, as provided in Section 4.8.4, shall not be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed.. § 4.7.3 Time Limits on Claims. Claims by Contractor must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the Contractor first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. Nothing in this Section 4.7 is intended to apply to or in any way limit the Owner's right to make claims related to or arising out of the Contract. § 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 4.7.6 Contractor claims for Concealed or Unknown Conditions shall be given to the Construction Manager and Architect promptly. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the Contractor shall be given to the Construction Manager and Architect promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for; performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time; or both. If the Architect determines that the condifions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by the Contractor inopposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Section 4.8. § 4.7.7 Claims for Additional Cost. if the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for ..Claims relating to an emergency endangering life or property arising under Section 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. § 4.7.8 Claims for Additional Time. § 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein. shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. § 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may 21 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally .liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Contractor submits a Claim for additional cost or time related to this Claim, it shall be filed as provided in Sections 4.7.7 or 4.7.8. § 4.8 RESOLUTION OF CLAIMS AND DISPUTES § 4.8.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount. of the Claim. § 4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. § 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. § 4.8.4 If a Claim has not been resoled after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Parties shall have all rights available to them to pursue a claim in law or in equity. The Parties agree that they will employ mediation, and share the costs for the mediator at least prior to the time either party brings a dispositive motion or the matter goes to trial. (Paragraphs deleted) ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. § 5.1.2 ASub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means aSub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 After the award of the Contract, if the Contractor seeks to substitute a Subcontractor, the Contractor shall furnish in writing to the Owner through the Construction manager and Architect the names of substitutes (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner, Construction Manager or the Architect has reasonable objection to any such proposed substitute or (2) that the Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAr" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'a Document, or any portion of it, may 22 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA ~ software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Architect required additional time for review. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed substitute subcontractor to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. § 5.2.3 The Contractor shall not substitute a Subcontractor previously selected if the Owner, Construction Manager or Architect makes reasonable Objection to such substitution. (ParagrapDi deleted) § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor; by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety; if any, obligated under bond relating to the Contract. § 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided elsewhere in the Contract Documents. § 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations Inlt. AIA Document A201/CMaTM - 7992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAx' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 23 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in this Article 6 and in Articles 3, 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6:2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable: r § 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. § 6.2.4 Tlie Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed construction orpartiaLly completed construction or to property of the Owner or other Contractors as provided in Section 10.2.5. § 6.2.5 Claims and other disputes and matters in question between the Contractor'and other Contractors shall be subject to the provisions of Section 4.7 provided the other Contractors have reciprocal obligations. § 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP § 6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Section 3:15, the Owner may clean up and allocate the cost among those responsible as the Construction Manager, in consultation with the Architect, determines to be just. ARTICLE 7 CHANGES IN THE WORK § 7.1 CHANGES § 7:1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.1.4 If utut prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit. prices shall be equitably adjusted. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. wAliNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'x Document, or any portion of it, may 24 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Noteg: (2366668183) .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any.. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis for adjustment, if`any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shalhbe used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 emit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be deternulted in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Constniction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Construction Manager on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs of labor, inclnding social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or constiined; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. § 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 1111t. AIA Document A201/CMaTM - 1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may ZrJ result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Construction Manager for determination. § 7.3.9 When the Owner and Contractor agree with the determination made by the Construction Manager concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately issued through the Construction Manager and shall be recorded by preparation and execution of an appropriate Change Order. § 7.4 MINOR CHANGES IN THE WORK § 7.4.1 The Architect will leave authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. § 7.5 CHANGES IN CONTRACT SUM § 7.5.1 For any adjustments to the Contract Sum based on other than the unit prices method, the Contractor agrees to charge and accept payment for his overhead, bond, insurance, office project management, estimating time, field supervision, as-built modification and profit at the following percentages of the cost attributable to the change in the Work: 1. Ten percent (10°f°) for Work (labor, labor insurance and materials) by the Contractor not involving subcontractors; 2. Five percent (5%) for Work (labor, labor insurance and materials) by subcontractors; 3. When both additions and credits are involved in any one proposal request, the allowance for overhead, bond, insurance, office project management, estimating time, field supervision, as•built modification and profit shall be figured on the basis of the net increase, if any; 4. For additional Work ordered as described above which will be executed by Subcontractor of the Contractor, it is agreed Subcontractors will be permitted to charge ten percent (10%) forwork not involving subcontractors and five percent (5%) for Work bysub-subcontractors to the net subcontract amount the. Contractor may add five percent (5%) §7.5.2 A breakdown of material and an hourly breakdown of labor must be submitted with each request for additional compensation. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically ~~~ defined. § 8.2 PROGRESS. AND COMPLETION § 8.2.1 Time linuts stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the. Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIA Document, or any portion of it, may 26 result in severe civiE and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner's own forces, Construction Manager, Architect, any of the other Contractors or an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending litigation, or by other causes which the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES § 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, through the Construction Manager, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. §9.2.2 Provide separate schedule of values for each phase. §9.2.3 The schedule of values shall include the following line items with values calculated as follows: Operations and maintenance manuals .125% of contract value As-built drawings .0625% of contract value Training .125% of contract value Attic stock materials .0625% of contract value §9.2.4 The schedule of values shall be broken down with separate line items for labor and materials corresponding to each specification section. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application"shall he notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions,from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. § 9.3.1.1 Sucli applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. §9.3.1.3 Until Substantial Completion, the Owner shall make progress payments in the amount of ninety-five percent (95%) of the amount due the Contractor. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 27 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously. issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and, after certifying the amounts. due on such applications, forward them to the Architect within seven days. § 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Contractor, for such amount as the Construction Manager and Architect determine is properly due, or notify the Contractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification in whole or in part as provided in Section 9:_5.1. Such notification will be forwarded to the Contractor by the Construction Manager. § 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute representations made separately by the Construction Manager and Architect to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Contractor, that the Work has progressed to the point indicated and that, to the i?est of the Construction Manager's and Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager or Architect. The issuance of a separate Certificate for Payment or a Project Certificate for Payment will further ' constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what propose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Construction Manager or Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect's opinion the representations to the Owner required by Section 9.4.3 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect will promptly issue a Certificate for Payment for the amount for which the Construction Manager and Architect are able to make such representations to the Owner. The Construction Manager or Architect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as maybe necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Dgeument is protected by U.5. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may 28 result in severe civil and criminal penalties, and will be prosecuted to fhe maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons .for withholding certification are removed, certification will be made for amounts previously withheld. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. § 9.6.2 Pursuant to Minnesota Statutes, Section 471.425, the prime contractor must pay any subcontractor within ten days of the prime contractor's receipt of payment from the Public•Body/Owner for undisputed services provided by the subcontractor. The prime contractor must pay subcontractor interest of 1'/z percent per month on any disputed amounts not paid on time. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs. and disbursements, including attorney's fees, incurred in.bringing the action. The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither the Owner, Construction_Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9:6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. (Paragrnplrs deleted) § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its ..intended use. ~~ § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the Architect, .assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, . which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, In(t. AIA Document A201/CMaT"" -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U.S. Copyright Law and International Trea#ies. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may 2g result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26!2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall. establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall complete finish all items on the list accompanying the Certificate to sixty (60) calendar days. The Contractor will submit a punchlist completion schedule within ten (10) days of receipt of Certificate of Substantial Completion. Any cost incurred by the Architect or Architect's consultants (after 60 calendar days of substantial completion) to close out the project will be deducted from the Contractor's contract by change order. Warranties on punchlist items will commence on the date of final payment. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. § 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. The payment shall be sufficient to increase the total payments to one hundred percent (100%) of the Contract Sum, less such amounts as the Owner and Architect shall determine for incomplete work and unsettled claims. The Owner has no obligation to make incremental retainage reductions after the initial determination for the incomplete work and unsettled claims. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the reconunendation of the Construction Manager, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidencing that Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.5. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'v Document, or any portion of it, may 30 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) insurance required by the Contract Documents to remain in force after final payment is currently in effect-and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to famish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion'thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm; the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect; and without terminating the Contract, :make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Docurrients, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.7.5. § 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described 'in Section 4.7.5. §9.10.5 Before final payment is made, a certification of satisfaction, Minnesota Tax Form 134, form the State Commissioner of Taxation must be furnished by the Contractor and all Subcontractors in accordance with Minnesota State Law (re. certification of satisfaction of state withholding taxes paid). ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. § 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which }zas not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner, Construction Manager and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by azbitration under Article 4. § 10.1.3 The Contractor_shall not be required pursuant to Article 7 to perform without consent any Work relating to asbostos or polychlorinated biphenyl (PCB). § .10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAP° Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portian of it, may 31 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 10.1.4. § 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager and Architect shall then proceed in the same manner described in Section 10.1.2. § 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it,has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to-perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal ar safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care; custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, struchires and utilities not designated for removal, relocation or replacement in the course of construction; and ,4 construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall give notices and comply with applieable~laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use for storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5-The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance,required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, aSubcontractor, aSub-subcontractor, or anyone directly or indirectly employed by anyof them, or by anyone for whose acts they maybe liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, anti not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 32 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. § 10.3 EMERGENCIES § 10.3.1 In an emergency affecting safety or persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain, for any applicable claim period in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater and shall name Owner as an additional insured and shall provide Owner with copies of all additional insured endorsements or riders. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment through completed operations, which shall include the period that claims may be brought arising out of the Contractor's breach of warranty or for defective work. § 11,1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written-notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additirnial certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAx' Document is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIA'e Document, or any portion of it, may 33 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. § 11:3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against the perils of fire and extended coverage and'physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolitlon occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above; without so notifying the Contractor, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required mitumum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. § 11.3,1.4 Unless otherwise provided in the Contract Documents, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions _ of the Work in transit. § 11:3.1.5 The insurance required by this Section 11.3 is not intended to cover machinery, tools or equipment owned or rented by the Contractor which are utilized in the performance of the Work but not incorporated into the permanent improvements. The Contractor shall, at the Contractor's own expense, provide insurance coverage for owned or rented machinery, tools or equipment which shall be subject to the provisions of Section 11.3.7. § 11.3:2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11:3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those uisuriug the l?roject during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Dacument is protected by U.S. Copyright Law and International Treaties. Unauthorized repraductian or distribution of this AIAe Document, or any poriian of it, may 34 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/2 5120 1 0, and is not for resale. User Notes: (2366668183) § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against each other and against the Construction Manager, Architect, Owner's other Contractors and own forces described in Article 6, if any, and the subcontractors, sub-subcontractors, consultants, agents and employees of any.of them, for damages caused by fire or other perils to'`the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any; and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall he effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Notwithstanding the above, Owner does not waive its right to subrogate against (1) contractor, any of its subcontractors, sub-subcontractors, agents or employees for damages caused to note Project related property, real or personal or both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or omission of the contractor, any of its subcontractor, sub-subcontractors, agents or employees; or against (2) the Architect, or Architect's consultants if any, for damages caused to non-Project related property, real or personal or both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or omission of the Architect, or Architect's consultants, if any. § 11.3.8. A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appeaz, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity; shall require Subcontractors to make payments to their Sub-subcontractors in similaz manner. § 11.3.9 If required in writing by a party in interest, the Owner as fduciazy shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be chazged against proceeds received as fiduciary. The Owner shall deposit in a sepazate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an azbitration award in which case the procedure shall be as provided in Section 4.9. If after such loss no other special agreement is made, replacement of damaged property shall be covered by appropriate Change Order. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Section 4.9. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. § 11.3.11 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies-and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11,4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor shall furnish bond or bonds as described below, covering the faithful performance of the Contract and the payments for all obligations arising thereunder. The Contract will not be signed until the Owner has received the proper bond specified under this Article, issued by a bonding company licensed to do business in the State where the construction will take place, and on the current list of Company's Holding Certificates of Authority as acceptable Sureties on Federal Bonds and as acceptable reinsuring companies as published in Circular 570 (Amended) Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may 35 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. § 1 l .4.1.1 Furnish both AIA A312 Performance Bond and AIA A312 Payment Bond in the amount of 100% of the Contract Frice. § 11.4.1.2 The Performance Bond and Payment Bond shall be submitted in the exact form specified in Section 11.4.1.3, below, and no other modifications or addendum whatsoever shall be allowed. § 11.4.1.3 Duly executed; notarized and updated Acknowledgements of both the Principal and Surety and the Surety's Power of Attorney must be attached to each of the two required bonds. § 1.1.4.1.4 Bond amounts shall not exceed the single bond limit for the Contractor's bonding company as set forth in the Federal Register current as of the bid date. § 11.4,2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or .Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 12,2 CORRECTION OF WORK § 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or notfabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. § 12.2,2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Docwnents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Section l 2.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. With respect to any corrective work performed during the Correction Period, the Correction Period for that corrective work shall be extended for one year from the date the Corrective Work was completed. § 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect issued through the Construction Manager, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay In1t. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: Thfs AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may $6 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Construction Manager's and Architect's. services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. § 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. § 12.2.6 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced; nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12:3 ACCEPTANCE OF NONCONFORMING WORK § 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW § 13.1.1 The Contract shall be governed by the law of the place where the Project is located. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representativesto the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenauts, agreements. and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without sack consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.3 WRITTEN NOTICE § 13.3,1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the t7rm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Init. AIA Document A201/CMaT"" -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAw Dacumentis protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 37 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2125/2010, and is not for resale. User Notes: (2366668183) Architect timely notice of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such costs except as provided irr Section 13.5.3. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary bysuch failure including those of repeated procedures and compensation for the Construction Manager's and Architect'ssei^vices and expenses. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.61NTEREST § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § .13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 13.7.1 As between the Owner and (Paragraphs deleted) Contractor, the statute of limitations for claims or causes of actions shall be governed by applicable law: §13.8 EQUAL OPPORTUNITY § 13.8.1 The Contractor shall maintain policies of employment as follows: §13.8.1.1 The Contractor and the Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth policies of non-discrimination. § 13.8.1.2 The Contractor and the Contract's Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. §13.9 NON-MINNESOTA CONTRACTOR § 13.9.1 Non-Minnesota Contractors for contract that exceed or can reasonably be expected to exceed $100,000 shall comply with the following Minnesota Department of Revenue Requirements (MN Law, MS 290.9705). File form Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAx' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 38 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) SDE (exemption from Surety Deposits for Non-Minnesota Contractors) with the Minnesota Revenue, Mail. Station 6501, St. Paul, Minnesota 55146-6501. An exemption will be granted if: .1 The Contractor provides a cash surety or bond (8% of total contract), secured by an Insurance company licensed in Minnesota, which guarantees compliance with all provisions of Minnesota withholding, sales and corporate income tax laws, or; .2 The Contractor provides evidence of full compliance with such laws on previous construction work in Minnesota during the last three years. § 13.9.2 Submit a copy of form SDE, certified by the Department of Revenue, with the Contractor's initial Application for Payment. § 13.9.3 If an exemption is not granted, 8 percent of each Application for Payment will be withheld as surety and , deposited with the Department of Revenue, to be refunded with interest after the Contractor's State tax obligations are fulfilled. § 13.10 FIREARMS PROHIBITED § 13.10.1 No provider of services pursuant to this contract, including but not limited to employees, agents, suppliers or subcontractor's ofthe Contractor shall carry or possess a firearm on the Owner's premises or while acting on behalf of the Owner pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Agreement; and, in addition to any other remedy available to the Owner under law or equity. Violation of this provision is grounds for immediate suspension or termination of this contract. ARTICLE 14 'TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contract may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Construction Manager or Architect has not issued a Certificate for Payment and has not ' notified the Contractor of the reason for withholding certification as provided in Section 9.4.2, or because the Owner has not. made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and pursue its remedies as allowed by law or in equity. § 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to mattet-s important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: ,1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or Inlt. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA°f Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 39 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,'including compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. Init. AIA Document A201/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAs' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'a Document, or any portion of it, may 40 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA / software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Additions and Deletions Report for AIA®Document A201/CMarM -1992 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it; as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:30:54 on 10/26/2009. ' PAGE1 City of Richfield Police, Fite & City Hall Facility 6700 Portland Avenue Richfield. IyIN 55423 Cit~of Richfield 6700_Portland Avenue Richfield, MN 55423 (Naive and address): Word Architects 305 St, Peter Street St. Paul. MN 55102 PAGE 12 §..2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The. term "Owner" means the Owner or the Owner's authorized r~~n~e:r~resentative which luthorization shall be in writins? and shall describe the scope of authority eranted by Owner's Council § 2.2.1 rl, (1 Hl' .. ~:.,:.~ , ...7e~ rl.~=cvnsi-u~t § 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Owner does not warrant the accuracy of utility locations of private utilities The Contractor is re~onsible to verify private utility locations. PAGE 13 § 2.4.1 f€Prior to substantial completion if the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within aseven-dt,}~ten_dav period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner Additions and Deletions Report for AIA Document A201/CMaT^^ -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe ~ Document, or any. portion of it, may result in severe civil and criminal penal#ies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) __ _ ,, .• °°... ; a°fi°:o may without prejudice to other remedies the Owner ma~have. correct such deficiencies In such case an appropriate Chance Order shall be issued deductine from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies includin¢ Owner's expenses and compensation for Architect's additional services made necessar~by such default neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect,. If payments then or thereafter due the Contractor are not sufficient to cover such amounts the Contractor shall pay the difference to the Owner. 2 4 2 After substantial completion if the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails to correct such deficiencies within 30 days of receipt of written notice from the Architect or Owner, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change 9rfler-order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the r' : * *~°~ "'~^~~R°~'° ^~'' Architect's a'''___ _°_ °~'i•~° ~ _ _. ^lta^ts-additional services and e~gense~-made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subjecYto prior approval of the z"ae '` ~' - ' «' '- '' ^ *w °«~ *x~ rc pft-~terrts-Architect If pa i~entsLthen or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. PAGE 15 § 3.7.1 ~~ ~ > >> > ~~ ~:a^ °a ° ~~'^*' °'~a°a The Owner will waive or pay Citv b J 7 Development Fees Metropolitan Waste Control Commission (MWCC) Sewer Availability Charge (SAC), Water Availability Charge (WAC) and Electrical Connection Charges. .PAGE 16 § 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and ` selections made during construction, acid in addition aeved-Architect reviewed Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction Managerand Architect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. § 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been appr~vec~reviewed by the Construction Manager and Architect. Such Work shall be in accordance with approved submittals. § 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Construction Manager's and Architect's preview of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and the Construction Manager and Architect have given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Architect's approval thereof. PAGE 18 Additions and Deletions Report for AIA Document A207/CMaTM - 7992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa .Z Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 4.6.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until the end of the warranty period which ends one year from the date the final Certificate for payment is dxe-ateissued, (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. The Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. PAGE 19 § 4.6.6 The Constructioi Ivlanager, except to the extent required by Section 4.6.4, and Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Section 3.3, and subject to the Construction Manager's and Architect's respective duties of care and diligence established in their respective Agreements with Owner neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or einployees, or of any other persons performing portions of the Work. PAGE 20 § 4.6.12 The Architect will review and take one of the following actions: Reviewed, Rejected;'Review Comments, Revise and Resubmit upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken ~•~~~ ,..hlo ., „«t„ ~ t., .. ., .701.... ;« tt, ~, X17...-L ..F tl,e (~..«tr.,..t..r .,r :,, t1.o ~..t: c:;t;n ~,f tl,.~ ..tl,o« 1~..«+.-....r.,r.. . in accordance with the submittal schedule approved by the Construction Mana eg r and Architect or, in the absence of an approved submittal schedule, the Architect will determine review timelines. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, coordinative. the work or for substantiating instructions fqr installation or performance of equipment orsystems; all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.7.1 Definition. A Claim is a demand or assertion by en~~t~es-Contractor seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms " ''~•~*~•~~*~~ •~~~°~~•~ ~~~* ~~f c3r~el~i~gta-the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the «~~`•~ «~~'~~«^ `'~° nl^~m.~'ontractor. § 4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the Construction Manager or Architect, shall be referred initially to the Architect for action as provided in Section 4.8. A decision by the Architect, as provided in Section 4.8.4, shall not be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been rr,o ~,.,,:.,, ..^,^to~ t„ ., ^^w.,«;^~~ i;o«.^ompleted.. Additions and Deletions Report for AIA Document A201/CMaT^+ -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.3. Copyright Law and lnternatianai Treaties. Unautharized reproduction or distribution of this AIAe 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 4.7.3 Time Limits on Claims. Claims by e~erContractor must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the Contractor first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. Nothing in this Section 4 7 is intended to apply to or in any wav limit the Owner's right to make claims related to or arisine out of the Contract. § 4.7.4 Continuing Contract Performance. Pending final resolution of a ~''^~-„ ~„°'~~a~„^ ^~'~~+r^+~^^; Claim, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. PAGE 21 § 4.7.6 rt,,:m~ F,,.. r,^„,.°,,,°,, ,,.. r r„,.„^...„ ~°„a:.:^„... Contractor claims for Concealed or Unknown Conditions shall be f;iven to the Construction Manager and Architect promptly. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the ContractDocuments, then notice by the Contractor shall be given to the Construction Manager and Architect promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will reconunend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by e~the Contractor in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum orContract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Section 4.8. PAGE 22 § 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an actor omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufticient detail to enable the other party to investigate the matter. If a Contractor submits a Claim for additional cost or time related to this ~''~~~ :~ *°'~° ~°~°~*°a, claim, it shall be filed as provided in Sections 4.7.7 or 4.7.8. § 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parttes or requested by the Architect, the A..,.L..s°,.~ „..11 „,.«:C.. •L.° „.,..t:°..:„ .«t:„.. st,.,* r1.° n,.,.l,:r°..r~~slo~.^_' .:tl L.° e e .Parties shall have all rights available to them to pursue a claim in law or in equity. The Parties agree that they will emplov mediation, and share the costs for the mediator at least prior to the time either party brin sg a diapositive motion or the matter goes to trial. Additions and Deletions Report for AIA Document A20f/CMaT"' -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorizad reproduction or distribution of this AIA' 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: . (2366668183) Additions and Deletions Report for AIA Document A201/CMaT^^ -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distributian of this AIA$ 5 Document, or any portion of it, may result in severe civil and criminaF penalties, and wi!! be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 5.2.1 > ,After the awazd of the Contract, if the Contractor seeks to substitute a Subcontractor._the Contractor shall furnish in writing to the , r + +• *~' ~ n-~,,;•°^+ •'-° ~- ° ^F ^°~~^^° ^ °^+:+:°° Owner through the Construction mans eg r and D Architect the names of substitutes (including thoserwho are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The ~' °`-~•°+~^^ "'`~~~^°-' ~°~" ^"^"' Y=, Architect may reply within 14 days to the Contractor in writing stating ,{l~whether er-r~e~the Owner, Construction Manager or ^ ' '* °* °~'*°~ ~~~° ~^~ °°*~ ^^+~^r, the Architect has reasonable objection to any such.proposed F *~ ~' ~ •*~•~°*~°~ Tn••^•~~-°~ *^ ~ ~'~• ~-^--•^*'-• substitute or (2) that the Architect required additional time for review. Failure of the Owner or Architect to repiv within the 14 day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with aproposed peFSex-e~enti~substitute subcontractor to whom the Owner, Construction Manager or Architect has made reasonable and timely '~~°°+~^^ ~'"°''^^'"^^+^~ °"^" "°`''° -e""'"°'' :c t ~.,, .,...,,,, +,,° ~,........+^. ti„ .,a° ° ,..,.,` abjection. §x5.2.3 , r + +,, r + ,. „ +~ +^ ~-~~-^-~ The Contractor shall not substitute a Subcontractor - r-r-- -------- -- previously selected if the Owner, Construction Manager or Architect h ~a., _.,, :e...,.,~c'c'_° °`~~°°~^~ '''`'° r'^^*~~°` ~""' + a *~ a °'- •~~ ~++~ ° ^ °a.makes reasonable Objection to such substitution. .. , PAGE 26 7.5 CHANGES IN CONTRACT SUM 7.5.1 For any adjustments to the Contract Sum based on other than the unit prices method, the Contractor agrees to charge and accept payment for his overhead bond insurance, office proiect management, estimating time, field supervision as-built modification and profit at the following percentages of the cost attributable to the change in the Work: 1 Ten percent (10%1 for Work (labor labor insurance and materials) by the Contractor not involving subcontractors; 2 Five percent (5%) for Work (labor labor insurance and materials) by subcontractors; 3 When both additions and credits are involved in any one proposal request, the allowance for overhead, bond insurance office proiect manaaement estimating time, field supervision, as-built modification and profit shall be figured on the basis of the net increase. if any; Additions and Deletions Report for AIA Document A201/CMaTM - 7992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA s Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) 4 For additional Work ordered as described above which will be executed by Subcontractor of the Contractor it is agreed Subcontractors will be permitted to charge ten percent (10%) forwork not involving subcontractors and five percent (5%1 for Work by sub•subcontractors to the net subcontract amount the Contractor may add five percent (5%) §7 5 2 A breakdown of material and an hourly breakdown of labor must be submitted with each reauest for additional compensation. PAGE 27 § 8.3.1 If the Contractor is delayed at any time in progress of the Work by an actor neglect of the Owner's own forces, Construction Manager, Architect, any of the other Contractors or an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending ~rw.o<rliti ate ion' or by other causes which the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. &9.2.2 Provide separate schedule of-values for each phase. 9.2.3 The schedule of values shall include the following line items with values calculated as follows: Operations and maintenance manuals .125% of contract value As-built drawings .0625% of contract value Training .125% of contract value Attic stock materials .0625% of contract value §9 2 4 The schedule of values shall be broken down with separate line items for labor and materials corresponding to each specification section. §9 3 1 3 Until Substantial Completion the Owner shall make progress payments in the amount of ninety-five aercent (95%) of the amount due the Contractor. PAGE 29 § 9.6.2 Pursulnt to Minnesota Statutes Section 471 425 the prime contractor must ~av any subcontractor within ten days of the prime contractor's receipt of ~avment from the Public Body/Owner for undisputed services provided by the subcontractor The prime contractor must ~av subcontractor interest oft t/z percent per month on any disputed amounts not paid on time The minimum monthly interest genalty_pavment for an u~aid balance of $100 or more is $10 For an unpaid balance of less than $100 the prime contractor shall may the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements includin atg_ torney's fees, incurred in bringing the action. The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained fi~om payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. Additions and Deletions Report for AIA Document A201/CMa*M -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internatianai Treaties. Unauthorized reproduction or distribution of this AIA® 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list: Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item; whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect`will prepare a Certificate of Substantial Completion which shall establish the date of Substantial t Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall complete finish all items on the list accompanying the ~" ~''`' "" "'' `'° `''°'-"""'" "` n^ "'" °''"" " `''° `'°`° z r.."~*~~*~~' '-'^-~^'°*~^° Certificate to sixty~60) calendar days The Contractor will submit a punchlist completion schedule within ten (10) days of receiptof Certificate of Substantial Completion Anv cost incurred by the Architect or Architect's consultants (after 60 calendar dates of substantial completion) to close out the project will be deducted from the Contractor's contract b~hange order Warranties on punchlist items will commence on the date of final ~vment. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. § 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. The kayment shall be sufficient to increase the total payments to one hundred percent (100%) of the Contract Sum. less such amounts as the Owner and Architect shall determine for incomplete work and unsettled claims. The Owner has no obligation to mike incremental retainage reductions after the initial determination for the incomplete work and unsettled claims. PAGE 31 §910 5 Before final payment is made a certification of satisfaction, Minnesota Tax Form 134, form the State Commissioner of Taxation must be furnished by the Contractor and all Subcontractors in accordance with Minnesota State Law (re: certification of satisfaction of state. withholding taxes paid). PAGE 33 § 11.1.1 The Contractor shall purchase from and err-maintain, for any applicable claim period in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations Additions and Deletions Report for AIA Document A201/CMaT^^ -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIAe 8 pocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greatergreater and shall name Owner as an additional insured and shall provide Owner with copies of all additional insured endorsements or riders. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment a `' ` "°`' '°''° "' °'°'"°'' °r'°" F1"°' ~ef~ahrou hg completed operations which shall include the period that claims may be brou¢ht arising out of the Contractor's breach of warranty or for defective work. PAGE 34 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owne'r's property due to fire or other hazards, however caused. T"~ t a r...o ^ ^.t,or t,., ,.,..a., w°...°..°.. ° ~°a PAGE 35 § 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against each other and against the Construction Manager, Architect, Owner's other Contractors and own forces described in Article 6, if any, and the subcontractors, sub-subcontractors, consultants, agents and employees of any of them, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall pri5vide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Notwithstanding the above, Owner does not caused by the negligent intentional or other willful act or omission of the contractor, any of its subcontractor, sub-subcontractors agents or employees• or against (2) the Architect or Architect's consultants if anv, for damas?es caused to non-Pr~ect related ~ropertv real or personal or both at or adjacent to the site of the Proiect, caused by the nerlli>;ent intentional or other willful act or omission of the Architect, or Architect's consultants, if anv. «:b .,1» § 11.4.1 The ° . ~'.:..'.'.'.:... _ :."._ °'.::'.n _°° .__ '__"_° Cn^•~__'_^r `_~ ~~____rh w~~ac _ _ . °_.__•- Contractor shall furnish bond or bonds as described below. covering the faithful performance of the Contract and ^F ° ~°~••*~^•~ ^~ *'~°''°~~~°°•.the Pavments for all oblations arising thereunder. The Contract will not be signed until the Owner has received the proper bond specified under this Article issued by a bonding company licensed to do business in the State where the construction will take place and on the current list of Company's Holding Certificates of Authorit~as acceptable Sureties on Federal Bonds and as acceptable reinsuring companies as published in Circular 570 (Amended) by the Audit Staff Bureau of Accounts U.S. Treasury Department. All bonds signed by an axent must be accompanied by a certified copy of the authority to act. $11 4 1 1 Furnish both AIA A312 Performance Bond and AIA A312 Payment Bond in the amount of 100% of the Contract Price. Additions and Deletions Report for AIA Document A201/CMaT^' -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ar distribution of this AIA® 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) $11 4 1 2 The Performance Bond and Payment Bond shall be submitted in the exact form specified in Section 11.4.1.3 below and no other modifications or addendum whatsoever shall be allowed. § 11 4 1 3 Duly executed notarized and updated Acknowledgements of both the Principal and Surety and the Surety's Power of Attorney must be attached to each of the two required bonds. § 11 4 1 4 Bond amounts shall not exceed the sins?le bond limit for the Contractor's bonding company as set forth in the Federal Register current as of the bid date. PAGE 36 § 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Section 1.2.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. With respect to anv corrective work performed during the Correction Period the Correction Period for that corrective work shall be extended for one year from the date the Corrective Work was completed. PAGE 37 § 12,2.6 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period e€ ene-yeft~as described in Section 12.2.2 relates only to the specific. obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the tune within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. PAGE 38 § 13.7.1 As between the Owner and ^°~ ~cr c-~rrvcro~cRnrrcrrcoxnpxccxvix a33~ ~"3~3@1 E2ft~~8&t2 €6f ~fl~Yf3B33t , F rh F: „1 I'~.<..t:Gnnt., F,.« Dn<.«.n«t..,.,d e , , F a ,, .:.....:.... ..<• *,.,. ^°..*-not°«,.-n.=•„°- <°,.:nr.°:~:: "u: ,'u,• ^ontractor, the statute of limitations P ..........., ., ....,., -b----~-- ~., --- ------------ -- - --- --- - _. ~ , for claims or causes of actions shall be 1=overned by applicable law: §'13.8 EQUAL OPPORTUNITY S 13.8.1 The Contractor shall maintain policies of emkloyment as follows: ~ 13 8 1 1 The Contractor and the Contractor's Subcontractors shall not discriminate against anv employee or applicant for employment because of race religion color sex, or national origin. The Contractor shall take affirmative Additions and Deletions Report for AIA Document A201/CMaT^^ -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U:S. Copyright t.aw and International Treaties. Unauthorized reproduction or distribution of this AIAe ~ 0 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_1 which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) action to ensure that applicants are emploXed and that employees are treated during emvlovment without record to their race religion color sex or national ori>?in Such action shall include but not limited to. the followins: employment upgrading demotion or transfer recruitment or recruitment advertisins: layoff or termination: rates of ~v or other forms of compensation• and selection for training including avvrenticeship The Contractor agrees to Host in conspicuous places available to emvlovees and~vlicants for employment notices setting_forth volicies of non-discrimination. § 13 8 1 2 The Contractor and the Contract's Subcontractors shall in all solicitations or advertisements for emvlovees placed by them or on their behalf state that all qualified applicants will receive consideration for emylovment without regard to race religion color, sex or national origin. &13.9 NON-MINNESOTA CONTRACTOR § 13 9 1Non-Minnesota Contractors for contract that exceed or can reasonably be exyected to exceed $100,000 shall comQly with the followins Minnesota Department of Revenue Requirements (MN Law MS 290.9705). File form SDE (exemption from Surety DeQosits for Non-Minnesota Contractors) with the Minnesota Revenue, Mail Station 6501 St Paul Minnesota 55146-6501. An exemption will be granted if: 1 The Contractor provides a cash surety or bond (8% of total contract), secured by an Insurance Company licensed in Minnesota which suarantees compliance with all provisions of Minnesota withholding sales and corporate income tax laws, or; 2 The Contractor provides evidence of full compliance with such laws on previous construction work in Minnesota during; the last three years. § 13 9 2 Subnut a cop, of form SDE certified by the Department of Revenue with the Contractor's initial Avvlication for Pam § 13 9 3 If an exemption is not granted i~ercent of each Apylication for Payment will be withheld as surety and deyosited with the Department of Revenue to be refunded with interest after the Contractor's State tax oblisations are fulfilled. & 13.10 FIREARMS PROHIBITED § 13 10 1 No provider of services pursuant to this contract including but not limited to employees, asents. suvvliers or subcontractor's ofthe Contractor shall carry or possess a firearm on the Owner's premises or while actin,; on behalf of the Owner Rursuant to the terms of this agreement Violation of this provision shall be considered a substantial breach of the Agreement and in addition to any other reme_y available to the Owner under law or equity. Violation of this provision isgrounds for itmnediate suspension or termination of this contract. PAGE 39 § 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and .,;.i,.a:.,.... .,..testa „ o~t,o.,~~ ...,~;~ ....a a...,,..,.,... ug.. . pursue its remedies as allowed by law or in equity. Additions and Deletions Report for AIA Document A207/CMaTM -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 ~ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2366668183) Certification of Document's Authenticity AIA® Document D401 TM - 2003 I, Scott Everson, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:30:54 on 10/26/2009 under Order No. 1000388040_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201/CMaTM - 1992 -General Conditions of the Contract for Construction where the Construction Manager is NOT a Constructor, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Sigiaed) (Title) (Dated) AIA Document D401 Tr^ - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA"" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:54 on 10/26/2009 under Order No.1000388040_i which expires on 2/25/2010, and is not for resale. User Notes: (2386868183) AGENDA SECTION: Resolutions AGENDA ITEM # 14 REPORT # 23Q J STAFF REPORT CITY COUNCIL MEETING NOVEMSER 10, 2009 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE ~I~'Y MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution granting contracting authority to the City Manager for the new Police/Fire/Cit Hall facilit . I. RECOMMENDED ACTION: By Motion: Approve the attached Resolution Concerning Contracting. Authorit of the Cit Mana er. II. BACKGROUND In a related agenda item, the City Council will consider the approval of the plans and specifications for the new Police/Fire/City Hall facility and the advertisement for bids for construction of that facility. The current schedule for construction contemplates that the first of several contracts will be awarded on December 17, 2009. In a construction project of this size, it is expected that a variety of change orders may be necessary, due to unforeseen conditions, lack of available supplies, or other reasons. Timely, review and approval of change orders may be necessary in order to avoid costly construction delays. Under the City Charter and the City's purchase policy, Resolution No. 9863, -the City Council is the contracting authority for any contract that exceeds $25,000, and all of the construction contracts will likely exceed that amount. Because the Council holds only two regular meetings per month, that schedule could result in delays in processing change orders, which could result in project delays or delay costs. The City Attorney has recommended that the City Council delegate authority to the City Manager to approve certain change orders. 1110PIan approval III. BASIS OF RECOMMENDATION A. POLICY _ • The public interest requires that construction of the new Police/Fire/City Hall facility be accomplished without costly delays and with adequate oversight of the project budget. B. CRITICAL ISSUES • ~ The City Manager does not have authority to approve contracts in excess of $25,000, or amendments to such contracts. • Delaying change order approval until the next City Council meeting. could result in ineffciencies in project construction, loss of the ' opportunity to save costs, or increases in costs. • The proposed resolution would enable the City Manager to promptly address change orders, within parameters that provide City Council oversight. C. FINANCIAL • The proposed resolution is intended to give the City Manager flexibility to take advantage of potential cost savings and avoid increased costs in situations where a prompt decision is needed. • The City Manager would have authority to approve change orders for non-budgeted items up to an aggregate total of $25,000. • The-City Manager would have authority to approve change orders for budgeted items up to an aggregate total of $100,000. • The City Manager would be required to report all change orders at the next following City Council meeting and, absent any contrary action by the City Council, the manager's authority to approve change orders would be affirmed and reinstated. D. LEGAL • The City Attorney drafted the proposed resolution. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the attached resolution. This could result in delays in processing change orders and could result in lost opportunities to save costs or increases in costs.. • .Modify the attached resolution. V. ATTACHMENTS VI. PRINCII'AL PARTIES EXPECTED AT MEETING • r~epres~n~atrve5 irvrn vvuica r~r~in~c~w • Representatives from Stahl Construction Inc. ~~ -~ RESOLUTION CONCERNING CONTRACTING- . AUTHORITY OF THE CITY MANAGER WHEREAS, the City Council has approved plans and specifications for the construction of a new Police/Fire/City. Hall Facility and has ordered the advertisement of bids for construction of the Facility; and WHEREAS, for the construction of the Facility, the City Council will .utilize a construction manager and will award several contracts for the various categories of work; and WHEREAS, the City Council anticipates that. situations may arise that require a timely decision about possible change orders to the construction contracts, in order to maintain the construction schedule and avoid costly construction delays; and WHEREAS, the City Council desires the City Manager to have authority to approve certain change orders in a timely fashion when necessary to maintain the project schedule and control city costs; and WHEREAS, Section 6.05 of the City Charter allows the City Council to adopt resolutions regarding the approval of contracts, consistent with the City Charter; and WHEREAS, pursuant to Section 6.05 of the City Charter, the City Council has adopted Resolution No. 9863, which gives the authority to the City Manager to approve purchases and contracts up to $25,000; and WHEREAS, the City Council determines that the authority under Resolution No. 9863 is not sufficient for purposes of the Police/Fire/City Hall Facility construction ,project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF RICHFIELD, MINNESOTA: 1. The City Manager is hereby authorized to approve change orders for all contracts that are awarded by the City Council for the construction of the Police/Fire/City Hall Facility, subject to the following limitations: ^ The City Manager may approve change orders for non-budgeted items, up to an aggregate of $25,000. ^ The City Manager may approve change orders for items within the project budget, up to an aggregate of $100,000, after informal consultation with the Mayor or Acting Mayor. ^ Following the approval of any change order pursuant to this resolution, the City Manager must report to the City Council at the next following City Council meeting (whether regular or special) concerning the change orders that the City Manager has approved. In the absence of any contrary action by the City Council at that meeting, the .City Manager's authority will be reinstated at the $25,000 and $100,000 limits stated above. 2. This resolution supersedes Resolution No. 9863 only. with respect to the Police/Fire/City Hall Facility construction project. Resolution No. 9863 remains in effect with respect to all other purchases and contracts. Adopted. by the City Council of the City of Richfield, Minnesota this 10th day of November, 2009. Debbie Goettel, Mayor Nancy C. Gibbs, City Clerk