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2025-05-27 City Council AgendaREGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS MAY 27, 2025 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Participants can share their comments in person, by voicemail, or email, and may also request to participate virtually. For more information on submitting comments, refer to the Council Agenda and Minutes page on richfieldmn.gov/citycouncil Approval of the Minutes of the (1) City Council Work Session Meeting from May 13, 2025, and (2) City Council Regular Meeting from May 13, 2025. PRESENTATIONS 1.Proclamation celebrating Pride Month AGENDA APPROVAL 2.Approval of the Agenda 3.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 on these items 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.Consider approval of a Temporary On Sale Intoxicating Liquor license for their annual wrestling event scheduled to take place July 5, 2025, at Fred Babcock VFW #5555, located at 6715 Lakeshore Drive. Staff Report No. 65 B.Consider the approval of a Temporary On-Sale Intoxicating Liquor license for the Fourth of July Committee events scheduled at Veterans Memorial Park, July 3 - 4, 2025. Staff Report No. 66 C.Consider approval of an agreement between the City of Richfield and JLG Architects for professional services in the design and engineering for the Richfield Outdoor Pool improvements. Staff Report No. 67 D.Consider approval of a resolution authorizing execution of Minnesota Department of Transportation (MnDOT) Agreement No. 1059794 for the disbursement of state general funds for the 70th Street Safe Routes to School project. Staff Report No. 68 E.Consider approval of a bid tabulation and award of contract to Corrective Asphalt Materials, LLC for the 2025 Maltene Pavement Rejuvenation Project in the amount of $690,250.00, and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. Staff Report No. 69 F.Consider the approval of a resolution authorizing a grant agreement and acceptance of grant funds in the amount of $69,644.00 on behalf of the Richfield-Bloomington Watershed Management Organization from the Board of Water and Soil Resources for: 1. A green infrastructure rain garden grant program; and 2. A fisheries/aquatic invasive species study. Staff Report No. 70 G.Consider approval of a resolution accepting the conveyance of real property located approximately east of Cedar Avenue South, west of Trunk Highway 77, south of 69th Street, and north of Diagonal Boulevard from the Minnesota Department of Transportation. Staff Report No. 71 H.Consider a second reading and summary publication of an ordinance restricting short-term rentals. Staff Report No. 72 4.Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 5.Public hearing and consider the approval of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for MC Richfield LLC dba Dragon Pot , located at 9 66th Street East. Staff Report No. 73 OTHER BUSINESS 6.Consider confirmation of the appointment of Jenell Brooks as Fire Chief/Fire Services Director for the City of Richfield effective June 12, 2025 CITY MANAGER’S REPORT 7.City Manager's Report CLAIMS AND PAYROLLS 8.Claims and Payroll COUNCIL DISCUSSION 9.Hats Off to Hometown Hits 10.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 612-861-9739. CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session May 13, 2025 CALL TO ORDER Mayor Supple called the work session to order at 5:45 p.m. in the Bartholomew Room. Council Present: Mary Supple, Mayor; Sharon Christensen; Walter Burk, Sean Hayford Oleary, Rori A. Coleman-Woods Staff Present: Guests: Katie Rodriguez, City Manager; Sam Crosby, Community Development Planner; Melissa Poehlman, Community Development Director; Courtney Miller, Senior Analyst; Michelle Friedrich, City Clerk. Planning Commission; Lance Bernard, TC2 Planner ITEM #1 DISCUSS FURTHER POTENTIAL CHANGES TO THE MR-2 AND MR-3 ZONING DISTRICTS. Planner Crosby provided a summary of the work session item, Missing Middle Housing. Lance Bernard, TC2 Planner, provided a summary of the project's purpose. Mr. Bernard noted that the project aims to increase housing options, support walkable communities, optimize land use, and promote affordable housing. Mr. Bernard provided details on the community engagement outreach they have conducted. Planner Crosby explained that the project is divided into three tiers, with Tier One previously discussed in a past work session. Planner Crosby noted Tier Two focuses on parking placement and building setbacks, with an emphasis on locating parking behind buildings to support a pedestrian-friendly streetscape. It also addresses building massing and architectural expression, including increasing window placement to enhance natural light, ventilation, and visual appeal. Additionally, the design aims to reduce blank walls to create a more attractive and engaging building frontage. Council and staff reviewed faux window use and noted faux windows would not be used unless necessary. Planner Crosby proceeded with the tier three discussion, noting the focus is exterior materials, colors, and lighting. Tier three also focuses on sidewalks, landscaping, and screening. Planner Crosby explained that the use of neon colors will be prohibited on the exterior, and the use of primary and secondary colors will be limited. Finished metals will also be limited on the exterior of the building. She noted that six-foot-wide sidewalks will be required along public streets and minor landscaping changes. She provided details on the next steps of the project. City Council Work Session Minutes -2- May 13, 2025 Council and staff discussed air conditioning units, unit placement and noise. Staff responded no issues with new units, however existing units present challenges. Council expressed interest in exploring more flexible zoning that allows single-family homes and apartment buildings within the same zone in the future. Council and staff reviewed the Sustainability Commission perspective relating to storing recycling outdoors. Staff noted the Sustainability Commission was very supportive of flexibility. Council, Planning Commission, and staff reviewed the process of public input in the administrative approval process for projects, and recognized some projects have parameters that cannot be changed, and reviewed public comment opportunities for such projects may sometimes give the false impression that the comments received could influence the outcome. Council acknowledged both perspectives and suggested finding a balanced approach. Council and staff reviewed the administrative review process. The Planning Commission added that residents who are passionate about housing issues are encouraged to get involved earlier in the planning process to help shape policies from the outset. Council, Planning Commission, and staff discussed allowing only passenger vehicles to park on the street, excluding commercial or other vehicle types, and discussed light pollution. Planning Commission, Council, and staff discussed lighting restrictions for single-family homes and consistent lighting levels between buildings. Staff responded that current lighting regulations do not apply to single-family homes. Planning Commission noted the idea of extending regulations but emphasized the importance of considering enforceability. Council noted the proposed lighting guidelines were too restrictive and expressed support for allowing some decorative lighting. Planner Crosby provided a summary of the discussion. ADJOURNMENT Mayor Supple adjourned the work session at 6:40 p.m. Date Approved: May 27, 2025 Mary B. Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager CALL TO ORDER The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers. Council Present: Mary Supple, Mayor; Sharon Christensen; Walter Burk; Sean Hayford Oleary; and Rori A. Coleman-Woods. Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Melissa Pohlman, Community Development Director, Kristin Asher, Public Works Director; and Michelle Friedrich, City Clerk; Jennifer Anderson, Support Services Manager; Jay Henthorne, Police Chief. Others Present: STEM School Choir, Richfield School Board Treasurer Ken Liss PLEDGE OF ALLEGIANCE Mayor Supple led the Pledge of Allegiance. ITEM #1 PRESENTATION: STEM SCHOOL CHOIR (MOVED FROM PRESENTATIONS TO FOLLOW PLEDGE OF ALLEGIANCE) Mayor Supple invited the STEM School Choir to perform. ADDED ITEM: ANNUAL FOOD SAFETY AWARDS Mayor Supple noted the addition of the Food Safety Awards to the agenda. Mayor Supple introduced Support Services Manager Jennifer Anderson to present the food safety awards. Support Services Manager Anderson explained the nomination and voting process and presented the two award winners, Broadway Pizza for the full-service restaurant award, and Dairy Queen on East 66th Street for the fast-food pizza cafeteria service award. Support Services Manager Anderson also shared the restaurants that received nominations. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting May 13, 2025 City Council Meeting Minutes -2- May 13, 2025 OPEN FORUM Mayor Supple reviewed the participation options for residents at the Council meeting, including in- person comments, comments by voicemail or email, and an option to request to participate virtually with advance notice. Mayor Supple noted more information on submitting comments can be reviewed at www.richfieldmn.gov/citycouncil. Phou Sivilay, 6226 Fifth Avenue South, stated he has run a short-term rental property. Mr. Sivilay stated he does realizes there are issues with rentals, but opined they are more isolated issues rather than broad ones. Lance Bondus, 7108 Chicago Avenue, shared information regarding his short-term rental property and how the regulations affect it. He opined regulation of rentals will decrease the number of people who are able to visit the City. He would like to see the Council step back from the planned ordinance and draft an updated version with the feedback given. John Lucas Erikson, 7014 Elliot, noted many rental owners book out reservations far in advance. Mr. Erikson noted his rental property is booked for the next 18 months and would like Council to taken into consideration when making a decision. City Clerk Friedrich read a comment sent by email from Tung Thanh Le. Mr. Le opined on short- term rental regulations and noted the regulations seemed unnecessary for many reasons. City Clerk Friedrich read a comment from Noi Keothammakhoun regarding issues related to banning short-term rentals. Mr. Keothammakhoun noted the management company he uses to manage his rental, screens each guest, enforces quiet hours, and lives nearby. Mr. Keothammakhoun requested that Council not ban short-term rentals. City Manager Rodriguez read a comment sent by email from Nancy Stoddard opposing the short- term rental ban. Ms. Stoddard also listed reasons for not wanting to restrict stays. City Manager Rodriguez read an email sent anonymously thanking Richfield for initiating compliance action against Pump and Munch. APPROVAL OF MINUTES MOTION: made by Council Member Hayford Oleary, seconded by Council Member Burk to approve the minutes of the: (1) City Council Work Session Meeting from April 22, 2025, and (2) City Council Regular Meeting from April 22, 2025. Motion carried: 5-0 ITEM #2 PRESENTATION: PROCLAMATION CELEBRATING JEWISH AMERICAN HERITAGE MONTH City Council Meeting Minutes -3- May 13, 2025 Mayor Supple read aloud the proclamation for Jewish American Heritage Month and presented the proclamation to Mr. Kenneth Liss. Ken Liss thanked the City for recognizing Jewish American Heritage Month. ITEM #3 PRESENTATION: PROCLAMATION NATIONAL POLICE WEEK/PEACE OFFICER’S MEMORIAL DAY Mayor Supple read aloud the proclamation National Police Week/Peace Officer’s Memorial Day and presented the proclamation to Police Chief Henthorne. Chief Henthorne thanked the community for its support and thanked the staff for their daily work. He recognized the families who are going to DC to have their family members' names etched into the marble in the memorial and offered them his thoughts and prayers. ITEM #4 APPROVAL OF AGENDA MOTION: made by Council Member Hayford Oleary, seconded by Council Member Christensen, to approve the Agenda as presented. Motion carried: 5-0 ITEM #5 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider approval of an annual request for a Temporary On-Sale Intoxicating Liquor license for the Academy of Holy Angels, located at 6600 Nicollet Avenue South, for their annual Holy Angels Rock the Lawn event taking place Friday, June 13, 2025. (Staff Report No. 54 B. Consider approval to set a public hearing to be held on May 27, 2025, to consider the issuance of new OnSale Wine and 3.2 Percent Malt Liquor licenses for MC Richfield LLC dba Dragon Pot, located at 9 66th Street East. (Staff Report No.55) C. Consider approval of the Cannabis and Substance Use Prevention (CSUP) services agreement with Bloomington Public Health. (Staff Report No. 56) D. Consider the approval of an agreement with the City of Bloomington for the provision of food, pools, lodging, therapeutic massage, and body art establishment inspection services for the City of Richfield for 2026. (Staff Report No. 57) E. Consider approval of the bid tabulation and authorize the Mayor and City Manager to execute a contract with New Look Contracting Inc., for the 70th Street Safe Routes to School project in the amount of $624,672.75, and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration. (Staff Report No.58) City Council Meeting Minutes -4- May 13, 2025 F. Consider adoption of a resolution accepting a Safe Routes to School Infrastructure grant from the Minnesota Department of Transportation (MnDOT) for intersection improvements along 64th Street and Russell Avenue in the area of Sheridan Hills Elementary. (Staff Report No. 59) RESOLUTION NO. 12318 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT A SAFE ROUTES TO SCHOOL INFRASTRUCTURE GRANT FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION G. Consider approval of a Maintenance Agreement with Nine Mile Creek Watershed District (NMCWD) that defines ownership and maintenance responsibilities for certain stormwater infrastructure in and surrounding Adams Hill Pond. (Staff Report No. 60) H. Consider approval of an agreement with Loeffler Construction LLC to perform construction management services for improvements to Veterans Memorial Park, including the Richfield Public Pool, and Ice Arena. (Staff Report No. 61) I. Richfield 4th of July Committee celebration license application (Staff Report No. 62) MOTION: made by Council Member Coleman-Woods, seconded by Council Member Burk, to approve the consent calendar. Motion carried: 5-0 ITEM #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. ITEM #7 CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE 90-DAY SUSPENSION OF A TOBACCO LICENSE ISSUED TO LYNDALE PUMP N MUNCH, LOCATED AT 6300 LYNDALE AVE S. FOR EGREGIOUS FLAVORED PRODUCT AND UNDERAGE SALES VIOLATIONS. THE RECOMMENDED SUSPENSION DATES ARE MAY 13, 2025, THROUGH AUGUST 11, 2025. ALONG WITH THE SUSPENSION OF THE TOBACCO LICENSE, ANY ADDITIONAL VIOLATIONS OF CITY CODE OR STATE LAW RELATING TO THE OPERATION OF THE BUSINESS OR THE SALE OF TOBACCO PRODUCTS BEFORE FEBRUARY 12, 2028, WILL RESULT IN IMMEDIATE REVOCATION OF THE LICENSE. (STAFF REPORT NO. 63) Council Member Hayford Oleary presented Staff Report 63. City Attorney Tietjen reported that the staff’s initial recommendation was revocation of the license. However, the licensee requested that the City consider a less severe penalty in the form of a license suspension. Following extensive discussion, the staff, with reservations, agreed to a 90-day suspension of the license. Council Member Hayford Oleary opened the public hearing. City Council Meeting Minutes -5- May 13, 2025 Mitchell Hadler, counsel for Lyndale Pump N Munch, acknowledged that his client is fully aware of the seriousness of the situation. He stated that his client accepts full responsibility for the violations and expressed sincere regret for the actions that led to them. Mr. Hadler requested that the Council consider allowing the business to continue operating under certain conditions that they are prepared to implement moving forward. He emphasized his client's desire for an opportunity to demonstrate their commitment to compliance and improvement. City Attorney Tietjen noted the licensee submitted a document of signatures in the form of a petition showing support for the business. MOTION: made by Council Member Hayford Oleary, seconded by Coleman-Woods to close the public hearing. Motion Carried: 5-0 Council expressed appreciation that the City Attorney was able to reach a resolution in this matter. Council noted this is the fourth violation occurring under the current ownership at this location, which is deeply concerning. Council shared parents in the community have expressed concern regarding the products sold at the Lyndale Pump N Munch location, and that business compliance is expected if the business desires to stay in operation in Richfield. Council and staff discussed training for businesses out of compliance, with staff noting when there is a tobacco compliance failure, there is a fine and a suspension. Staff also noted there is no training for tobacco in the State of Minnesota. Council stated concern with the repeated violations and adherence to all applicable laws hereafter. MOTION: made by Council Member Hayford Oleary, seconded by Council Member Coleman- Woods, to adopt a resolution authorizing the 90-day suspension of a tobacco license issued to Lyndale Pump N Munch, located at 6300 Lyndale Avenue South, for egregious flavored product and underage sales violations, with recommended suspension dates are May 13, 2025, through August 11, 2025. Along with the suspension of the tobacco license, any additional violations of City code or state law relating to the operation of the business or the sale of tobacco products before February 12, 2028, will result in immediate revocation of the license. RESOLUTION NO. 12319 FINDINGS AND DECISION RELATED TO THE SUSPENSION OF THE TOBACCO LICENSE OF LYNDALE PUMP N’ MUNCH (DBA “PUMP N’ MUNCH”) LOCATED AT 6300 LYNDALE AVENUE SOUTH, RICHFIELD, MINNESOTA Motion carried: 5-0 ITEM #8 CONSIDER A FIRST READING OF AN ORDINANCE RESTRICTING SHORT- TERM RENTALS. (STAFF REPORT NO. 64) Council Member Burk presented Staff Report 64. Community Development Director Poehlman summarized the previous Council short-term rental discussions and reviewed why the City wants to limit short-term rentals to properties where a license holder is onsite. MOTION: made by Council Member Burk, seconded by Mayor Supple, to approve the first reading of an ordinance restricting short-term rentals to no less than one month unless the rental license holder resides on the site. City Council Meeting Minutes -6- May 13, 2025 Council noted the initial concerns prompting the Council’s consideration of short-term rental regulations had stemmed from properties with high turnover and very short stays and typically lasting one to two nights. Council noted minimum stays of one week versus one-month minimums. MOTION TO AMEND: made by Council Member Hayford Oleary, seconded by Christensen to amend the language in the short-term rental ordinance to include no less than a one week minimum stay (7 days), and strike out no less than one month, within the original motion. Council discussed lack of compliance regarding the Americans with Disabilities Act (ADA) and regulation of short-term rentals, debated one-month stays versus one week stays, noted future licensing options, the advantages of the 3% lodging tax, egregious short-term rental properties, and effective date of the ordinance. Voting Aye: Christensen, Coleman-Woods, and Hayford Oleary Voting Nay: Burk, Supple Council Member Burk and Mayor Supple supported a one-month minimum stay. Motion Carried: 3-2 The Council and staff engaged in a discussion regarding the effective date of the ordinance. Staff explained that short-term rental licenses are issued on an annual basis and are not pro-rated, which may result in increased licensing costs for certain properties. Staff also indicated that an amendment to the effective date could be introduced at the ordinance’s second reading. Council and staff discussed the lodging tax and the challenges of collecting the lodging fee tax for the short-term rental properties and difficulty of enforcement. Council discussed short-term rental application processes and including information on submitting the lodging fee tax. Staff expressed concern about the potential challenges associated with enforcing a one-week minimum stay requirement and noted the City will not be changing inspection procedures for enforcing ADA compliance, as there is currently no mechanism in place to do so. Staff noted reviewing ways to publish the tourism tax information more broadly and work with finance on that process, and encourage short-term property owners to make efforts to comply with ADA accessibility. Council and staff discussed inspections that are completed for rental licenses and differences from a fire inspections of a hotel or motel. Council requested clarification from staff on the extent to which short-term rental operators are required to comply with the Americans with Disabilities Act (ADA), and to what extent the City has a legal obligation to ensure that license holders are meeting those requirements; and are these properties currently in violation for not being ADA compliant, or are they exempt due to the nature of their use. If they are in violation, does the City bear any legal responsibility to enforce compliance, or is this a matter that would be addressed between the individual who was denied access and the property owner. Council and staff discussed a more robust City Code section for ADA compliance for short-term rental properties, staffing challenges, enforcement, and realistic expectations of what staff is able to accomplish. MOTION WITH AMENDMENT: made by Burk seconded by Supple, to approve the first reading of an ordinance restricting short-term rentals to no less than one week (7 days), as amended, unless the rental license holder resides site. Motion Carried: 5-0 City Council Meeting Minutes -7- May 13, 2025 ITEM #9 CITY MANAGER’S REPORT City Manager Rodriguez noted that she has nothing to report. ITEM #10 CLAIMS AND PAYROLL MOTION: made by Council Member Coleman-Woods, seconded by Council Member Hayford Oleary, to approve the following claims and payrolls: U.S. BANK 05/09/2024 A/P Checks: 335842-336236 $1,711,805.91 Payroll: 196468-196789; Manual checks 44138-44142 $1,082,833.47 TOTAL $2,794,639.38 Motion carried: 5-0 ITEM #11 HATS OFF TO HOMETOWN HITS Council Member Coleman-Woods commended the Richfield High School baseball team for their efforts in organizing a 100-inning tournament fundraiser, recognizing their hard work and community spirit. She noted that the team successfully raised approximately $1,500 through the event. Council Member Christensen shared the annual Richfield High School senior art exhibit will be taking place at the community center. Council Member Hayford Oleary added that in the last budget for the concrete project, they had allocated more money for EDA updates to the sidewalks. Council Member Burk had nothing to report. Mayor Supple gave a hat's off to Council Member Hayford Oleary for becoming the District 5 representative to the Met Council Regional Land Use Advisory Committee. She also gave a hat's off to resident Monica Byron, who is a teacher in Richfield and was just elected to be the president of Education Minnesota. She also gave a hat's off to the Public Works Department for marking all lines safely for the future project. ITEM #12 ADJOURNMENT MOTION: made by Council Member Coleman-Woods, seconded by Council Member Burk, to adjourn the meeting at 8:47 p.m. Motion carried: 5-0 Date Approved: May 27, 2025 City Council Meeting Minutes -8- May 13, 2025 Mary Supple Mayor Michelle Friedrich Katie Rodriguez City Clerk City Manager Proclamation of the City of Richfield WHEREAS, Pride month is a positive stance against discrimination and violence toward individuals who identify as lesbian, gay, bisexual, transgender, queer, intersex and asexual (LGBTQIA) and celebrates sexual and gender identities; and WHEREAS, the Richfield City Council and staff identified celebrating diversity and being equitable as core values, recognizing that our diverse culture is one of our greatest strengths and assets; and WHEREAS, the month of June was chosen for Pride Month to commemorate the Stonewall riots, which occurred in June 1969, championed in part by two transgender women of color, Marsha P. Johnson and Sylvia Rivera, and became a catalyst for the LGBTQIA movement; and WHEREAS, LGBTQIA people have made, and continue to make, great and lasting contributions to the City of Richfield and the greater community; and WHEREAS, the United State has elected its first-ever transgender member of Congress, Sarah McBride of Delaware; and WHEREAS, while the LGBTQIA civil rights movement has achieved great progress, many states are reversing that progress, and rights have been lost; and WHEREAS, in the current political climate, the LGBTQIA community faces threats from forces whose goal is ending freedom for everyone, we affirm that an attack on one is an attack on all, and we stand proudly with this community, particularly our transgender neighbors and young people; and WHEREAS, the Richfield Human Rights Commission supported this proclamation at its May 6th, 2025 meeting and recommended the Richfield City Council do the same; Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City Council, do hereby proclaim the month of June 2025 as Pride Month in the City of Richfield and call on the people of Richfield to observe this month with appropriate programs, activities, and ceremonies, and continue to honor the contributions of LGBTQIA residents throughout the year. PROCLAIMED this 27th day of May, 2025. Mary B. Supple, Mayor AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.A. STAFF REPORT NO. 65 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW:Jay Henthorne, Director of Public Safety/Chief of Police OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Consider approval of a Temporary On Sale Intoxicating Liquor license for their annual wrestling event scheduled to take place July 5, 2025, at Fred Babcock VFW #5555, located at 6715 Lakeshore Drive. EXECUTIVE SUMMARY: On May 9, 2025 the City received application materials for a Temporary On Sale Intoxicating Liquor license for their annual wrestling event scheduled to take place July 5, 2025, at Fred Babcock VFW #5555, located at 6715 Lakeshore Drive. This is for a wrestling event. The VFW plans to set up in the parking lot. Food and refreshments, including alcohol, will be sold at the event. Their request is to serve alcohol from 12:00 p.m. to 11:59 p.m. The Director of Public Safety has reviewed and approved the license application and sees no reason it should be denied. All required information has been provided and all licensing fees have been received. RECOMMENDED ACTION: By motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for their annual wrestling event scheduled to take place July 5, 2025, at Fred Babcock VFW #5555, located at 6715 Lakeshore Drive. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The applicant has satisfied the following requirements for the issuance of this license: The required licensing fee has been paid. Proof of liquor liability insurance has been submitted showing Integrity Mutual Insurance Company affording coverage (parking lot included). The applicant has contacted sanitarians from the City of Bloomington to ensure proper food handling practices are followed. Employees of the VFW will be providing security and will patrol the area for this event. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS The Richfield Police Department is committed to ensuring equity and inclusivity in our work. In some instances, equity considerations may not directly apply; however, staff preparation and review of reports will always consider DEI principles. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statue Chapter 340A. D.CRITICAL TIMING ISSUES: The sale of intoxicating liquor in the parking lot must cease no later than 11:59 pm on July 5, 2025. E.FINANCIAL IMPACT: The required licensing fees have been received. F.LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(S): The Council could deny the requested license; however, that would mean the applicant would not be able to serve alcohol outside to the public during the July 5th event. PRINCIPAL PARTIES EXPECTED AT MEETING: Representative of VFW. ATTACHMENTS: Description Type VFW 5555 parking lot drawing Cover Memo AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.B. STAFF REPORT NO. 66 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW:Jay Henthorne, Director of Public Safety/Chief of Police OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Consider the approval of a Temporary On-Sale Intoxicating Liquor license for the Fourth of July Committee events scheduled at Veterans Memorial Park, July 3 - 4, 2025. EXECUTIVE SUMMARY: On April 18, 2025, the City received applications for a Temporary On-Sale Intoxicating Liquor license from the Fourth of July Committee. The events are scheduled to take place at Veterans Memorial Park, July 3 - 4, 2025. The fee for the Temporary On-Sale Intoxicating Liquor license has been received, along with all required documentation, including liquor liability insurance. The Director of Public Safety has reviewed and approved the license application and sees no reason for it to be denied. The street dance is held on July 3, 2025, from 3:00 p.m. to 11:00 p.m. Alcohol will be served from 3:00 p.m. to 11:00 p.m. On July 4, 2025, alcohol will be served from 3:00 p.m. to 10:00 p.m. On both days, alcohol will be served in an enclosed fenced-in area with monitored entrance points. Only wine and strong beer will be served. Public Safety police officers have been hired by the Fourth of July Committee to patrol the area for these events. Food vendors will be available both days and the appropriate food handling and sanitation procedures will be followed. RECOMMENDED ACTION: By Motion: Approve the request for a Temporary On-Sale Intoxicating Liquor license from the Fourth of July Committee for events scheduled at Veterans Memorial Park, July 3 - 4, 2025. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The applicant has satisfied the following requirements for issuance of these licenses: Applications and required licensing fees for the Temporary On-Sale Intoxicating Liquor and Multi-Food Vendor licenses have been received. Proof of liquor liability insurance has been submitted showing West Bend Mutual Insurance Company affording the coverage. A detailed plan of the days' events is currently on file. The applicant, as well as each professional concession, has contacted food sanitarians from the City of Bloomington to ensure proper food handling practices are followed. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS C.POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. D.CRITICAL TIMING ISSUES: The Temporary On-Sale Intoxicating Liquor license, allowing for the sale of wine and strong beer only, is valid for the street dance on July 3, 2025, from 3:00 p.m. to 11:30 p.m. and in the beer garden on July 4, 2025, from 3:00 p.m. to 10:00 p.m. E.FINANCIAL IMPACT: The Temporary On-Sale Intoxicating Liquor and Multi-Food Vendor license fees have been received. F.LEGAL CONSIDERATION: There are no legal considerations. ALTERNATIVE RECOMMENDATION(S): The Council could deny the Temporary On-Sale Intoxicating Liquor licenses. This would result in the applicant not being able to conduct activities, especially those concerning food preparation and alcohol sales. PRINCIPAL PARTIES EXPECTED AT MEETING: Tina Prchal, Vice President of the Fourth of July Committee, has been notified of the date for Council consideration of this request. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.C. STAFF REPORT NO. 67 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Karl Huemiller, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Consider approval of an agreement between the City of Richfield and JLG Architects for professional services in the design and engineering for the Richfield Outdoor Pool improvements. EXECUTIVE SUMMARY: An RFP was distributed for architectural and engineering services for the design and construction administration of Richfield Outdoor Pool improvements. Five proposals were received and four firms were interviewed by a panel of city staff consisting of technical experts. Staff then contacted references for the highest scoring firm. Through this process, JLG Architects, partnering with Reengineered, Nelson Rudie & Associates and Loucks, was selected for the project due to their technical expertise, experience with similar projects, and approach to the project. RECOMMENDED ACTION: By Motion: Authorize the Mayor and City Manager to finalize and execute an hourly contract not to exceed $269,500 between the City of Richfield and HGA to perform professional services in the design, engineering and construction administration for renovations to the Richfield Outdoor Pool and authorize the City Manager to approve contract changes up to $175,000 without further City Council consideration. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The Richfield Outdoor Pool was originally constructed in 1961. In 2002 improvements were made to pool plumbing and the zero depth pool was added to the facility. In 2006 the bathhouse was rebuilt. Since these improvements staff have completed annual maintenance to keep the facility running. This year a free public splash pad was added to the space. The rest of the facility now needs major updating to keep the facility running another 20 -30 years, especially the pool liner which is original to the facility. Local Option Sales Tax During 2022 budget discussions, staff and City Council noted the need for additional long-term funding for future large-scale public parks projects. The use of a Local Option Sales Tax (LOST) was identified as a potential funding method. The City of Richfield was granted the authority by the Minnesota Legislature in 2023 to bring a Local Option Sales Tax of 0.5% (one-half percent) lasting up to 20 years to Richfield voters for three projects. These projects are the Wood Lake Nature Center Building ($11M), the Richfield Community Center ($45M), and Veterans Park Improvements ($9M). In November 2024 voters approved a LOST to place a tax on certain product sales or services within the municipality. All goods or services that are otherwise exempt from taxation are exempt from LOST. Pool Projects Pool Liner Refurbish zero depth features Sand filter replacement New zero depth pool heater New fencing Slide restoration Concessions improvements Bathhouse lighting and flooring improvements B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Equity: This project improves a facility that is a low cost option for residents during the summer. The pool is an important amenity for families to stay cool in the summer and is a place where residents of all income levels can develop community. Strategic Plan: This project best aligns with the strategic plan priority of Sustainable Infrastructure addressing all sub-initiatives of asset management, comprehensive funding, and sustainability efforts. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): None D.CRITICAL TIMING ISSUES: Pool design must begin this summer to ensure repairs can be made following the 2025 pool season. E.FINANCIAL IMPACT: $9 million was approved for Veterans Memorial Park improvements. $4.25 million for pool improvements $2.77 million for ice arena improvements $1.98 million for park improvements These amounts are total project budgets inclusive of architect fees, construction management and construction costs. F.LEGAL CONSIDERATION: Staff followed the RFP process and interviewed several firms before deciding the staff recommendation. ALTERNATIVE RECOMMENDATION(S): PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type Draft Contract for Richfield Outdoor Pool Architectural and Engineering Services Contract/Agreement AIA® Document B132™ – 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™– 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132™– 2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « ____ » day of « ______________ » in the year « 2025 » (In words, indicate day, month, and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address, and other information) «City of Richfield » «Recreation Services Department » «7000 Nicollet Avenue » «Richfield, MN 55423 » « » and the Architect: (Name, legal status, address, and other information) « »« » « » « » « » for the following Project: (Name, location, and detailed description) «Richfield Pool Improvements » «630 E. 66th St. » «Richfield, MN 55423 » The Construction Manager: (Name, legal status, address, and other information) «Loeffler Construction Consulting LLC d/b/a Loeffler Construction & Consulting » «9202 202nd St. W., Suite 100 » «Lakeville, MN 55044 » « » « » The Owner and Architect agree as follows. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable,” or “unknown at time of execution”.) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) «The architectural and engineering team will meet with the City’s project team and Construction Manager to determine the project vision and goals. The architectural and engineering team will validate the program, considering any testing needed to verify the state of the current facilities, property lines, right of ways, and code requirements. The architectural and engineering team will work with the Construction Manager to ensure the program aligns with the available budget. The architectural and engineering team will then work with the City’s project team to establish a preferred planning diagram incorporating feedback from the City Council and residents.» § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) «The Richfield Public Pool is an approximately 3-acre facility located at 630 E 66th St, Richfield, MN 55423. The Richfield Public Pool includes a 50-meter pool with slides and a diving board, a zero-depth pool, a bath house with connected concessions space, and a public splash pad. The project may include pool liner replacement, replacement of aging piping, replacement of filter sand or filters, replacement of zero-depth pool heater, updating filter room components such as pumps, motors and electrical switches, updating pool fencing, restoring the pool slide, replacing or refurbishing zero-depth pool features, updating bathhouse lighting and flooring, and making improvements to the concessions area.» AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 3 § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) «Total Budget of $4.25 million inclusive of architectural and engineering fees, construction manager fees, soft costs and construction costs. » § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: «Design completed to accommodate construction » .2 Construction commencement date: «August 2025, construction may be pushed to August 2026 » .3 Substantial Completion date or dates: «Fall 2027 » .4 Other milestone dates: « » § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) «TBD » § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) «TBD » § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) «TBD » § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) «Karl Huemiller, Recreation Services Director » «City of Richfield » «Recreation Services Department » «7000 Nicollet Avenue » «Richfield, MN 55423 » «Phone: (612) 861-9387 » Email: khuemiller@richfieldmn.gov AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 4 § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) «N/A » § 1.1.10 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1.) « » .2 Land Surveyor: «TBD »« » « » « » « » « » .3 Geotechnical Engineer: «TBD »« » « » « » « » « » .4 Civil Engineer: «TBD »« » « » « » « » « » .5 Other consultants and Contractors: (List any other consultants and Contractors retained by the Owner.) «NA » § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) « » « » « » « » « » « » § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 5 § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: « »« » « » « » « » « » .2 Mechanical Engineer: « »« » « » « » « » « » .3 Electrical Engineer: « »« » « » « » « » « » § 1.1.12.2 Consultants retained under Supplemental Services: «None » § 1.1.13 Other Initial Information on which the Agreement is based: «None » § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon written protocols governing the transmission and use of, and reliance on, Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term “Contractors” refers to persons or entities who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager. The term “Contractors” is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 6 ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The Architect shall be liable, without limitation, for any injuries, loss, or damages to the extent proximately caused by the Architect's breach of the standard of care. The Architect shall put forth reasonable efforts to complete its duties in a timely manner. The Architect shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. The Architect shall be responsible for costs, delays or damages to the extent caused by negligent delays in the performance of its duties. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s unbiased professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance , including the minimum coverages and limits of liability specified below, or as specified in the applicable insurance certificate(s), or as required by law, whichever is greater, for the relevant claims period for this Project. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than « One Million Dollars » ($ « 1,000,000 » ) for each occurrence and « Two Million Dollars » ($ « 2,000,000 » ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « One Million Dollars » ($ « 1,000,000 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage (shall include coverage for all owned hired and non-owned vehicles). § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers’ Compensation at statutory limits. § 2.6.5 Employers’ Liability with policy limits not less than statutory requirements. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than « Two Million Dollars » ($ « 2,000,000 » ) per claim and « Four Million Dollars » ($ « 4,000,000 » ) in the aggregate. § 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 7 additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. Such proof of insurance shall confirm that the insurer has agreed that it will not cancel the insurance without giving the Owner thirty (30) days advance written notice of its intent to cancel, except for 10 days notice of cancellation due to non-payment. The Architect shall likewise demand from its consultants proof of insurance meeting the foregoing requirements as a condition precedent to their engagement to perform services on the Project. The Architect shall not commence work under this Contract until the Architect has obtained all insurance required herein and such insurance has been approved by the Owner, nor shall the Architect allow any subcontractor to commence work on a subcontract until such subcontractor has obtained like insurance. All this insurance coverage shall be maintained throughout the life of this Contract. § 2.6.9 The Architect’s policies shall be primary insurance to any other valid and collectible insurance available to the Owner with respect to any claim arising out of The Architect’s performance under this Contract. The Architect is responsible for payment of Contract related insurance premiums and deductibles. The Architect’s policies shall include legal defense fees in addition to its liability policy limits, with the exception of the professional liability insurance. All policies listed above, except professional liability, shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable) and commercial general liability shall apply on a “per project” basis. The Architect shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota. § 2.6.10 [Omitted]. § 2.6.11 Notwithstanding the foregoing, the Owner reserves the right to immediately terminate this Contract if the Architect is not in compliance with the insurance requirements contained herein and retains all rights to pursue any legal remedies against the Architect. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner’s other consultants provided, however, that Architect must verify the accuracy of information obtained regarding public utility facility location. Owner makes no warranty as to their accuracy. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency, in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. This schedule shall include allowances for periods of time required for the Owner’s review, for the Construction Manager’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 8 other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services. § 3.1.5 The Architect shall not be responsible for an Owner’s or Construction Manager’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 The Architect shall provide all surveys, site evaluation, planning, conformed construction documents, and as- designed record drawings. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner in writing of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Construction Manager’s review and Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 9 § 3.2.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager’s review and the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreements between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction (General, Supplementary and other Conditions); (4) a project manual that includes the Conditions of the Contracts for Construction and Specifications, and may include bidding requirements and sample forms; and (5) the scopes of Work for each bid package to ensure completeness of Work and avoiding of overlap. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 10 § 3.4.5 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the Construction Documents. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining competitive bids or proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing Contracts for Construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 preparing and facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and .4 organizing and conducting the opening of bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective Contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective Contractors; .3 preparing responses to questions from prospective Contractors and providing clarifications and interpretations of the Proposal Documents to the prospective Contractors in the form of addenda; and .4 participating in negotiations with prospective Contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, consult with the Construction Manager, and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232–2019, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractors’ failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 11 omissions, but shall not have control over or charge of, and shall not be responsible for acts or omissions of the Construction Manager, or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. Nothing in this section is intended, or shall be construed, to negate the Architect’s duties to the Owner under Sections 2.2 or 3.6.2.1. § 3.6.1.3 Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner and Construction Manager reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner and the Construction Manager (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractors through the Construction Manager. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by the Owner and Contractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232–2019, the Architect, with the assistance of the Construction Manager, shall render initial decisions on Claims by the Contractors as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 Not more frequently than monthly, the Architect shall review and certify an application for payment. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Architect shall review the Project Application and Project Certificate for Payment, with the Summary of Contractors’ Applications for Payment, that the Construction Manager has previously AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 12 prepared, reviewed, and certified. The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment, or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review, or take other appropriate action upon, the Contractors’ submittals such as Shop Drawings, Product Data and Samples, that the Construction Manager has reviewed, recommended for approval, and transmitted to the Architect. The Architect’s review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractors’ responsibilities. The Architect’s review shall not constitute approval of safety precautions or 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. § 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors’ design professionals, provided the submittals bear such professionals’ seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager’s recommendations, and subject to the provisions of Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 13 § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall: .1 conduct inspections to determine the date of Substantial Completion and the date of final completion; .2 issue a Certificate of Substantial Completion prepared by the Construction Manager; .3 review written warranties and related documents required by the Contract Documents and received from the Contractors, through the Construction Manager; and .4 after receipt of a final Contractor’s Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner and Construction Manager to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors, including the amount to be retained from the Contract Sum for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors, through the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractors under the Contract Documents. § 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. § 3.6.6.6 To the extent not addressed in the foregoing, the following shall be included as Basic Services by the Architect. To the extent these address the same item described in the foregoing provisions, the duties will be read in combination. If they cannot be read consistently, the more specific provision will prevail. If an ambiguity or inconsistency remains, the following provisions shall prevail. .1 Develop and finalize design of the concept depicted in the referenced studies and prepare construction drawings and specifications. .2 Sub-contract with and coordinate other applicable professional services providers to provide comprehensive design and construction documents for all necessary disciplines. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 14 .3 Interact with Owner, Owner’s representatives and Construction Manager during the course of the design process and obtain feedback on design from same. .4 Interact with Construction Manager for constructability input and value engineering advice. .5 Prepare and periodically update a milestone schedule for the design and construction document work – for all disciplines. .6 Assist Construction Manager with assembly of bid packages. .7 Provide necessary documents to Owner for public meetings to illustrate the building site plans and other aspects of the Project. .8 Provide necessary documents in the quantities required (both electronic and paper format) for design reviews, Construction Manager reviews, bid packages, permitting, construction, and final record set. .9 .10 Visit job site during construction phase for inspections. .11 Provide written status reports to Owner’s Representative. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The Architect shall provide the listed services below as Basic Services: Supplemental Services Responsibility (Architect, Owner or Not Provided) § 4.1.1.1 Assistance with selection of Construction Manager Not Provided § 4.1.1.2 Programming Architect § 4.1.1.3 Multiple preliminary designs Not Provided § 4.1.1.4 Measured drawings Not Provided § 4.1.1.5 Existing facilities surveys Not Provided § 4.1.1.6 Site evaluation and planning Not Provided § 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post construction use Not Provided § 4.1.1.9 Civil engineering Architect § 4.1.1.10 Landscape design Not Provided § 4.1.1.11 Architectural interior design Not Provided § 4.1.1.12 Value analysis Not Provided § 4.1.1.13 Cost estimating Not Provided § 4.1.1.14 On-site project representation Not Provided § 4.1.1.15 Conformed documents for construction Architect § 4.1.1.16 As-designed record drawings Architect § 4.1.1.17 As-constructed record drawings Not Provided § 4.1.1.18 Post-occupancy evaluation Not Provided § 4.1.1.19 Facility support services Not Provided § 4.1.1.20 Tenant-related services Not Provided AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 15 § 4.1.1.21 Architect’s coordination of the Owner’s consultants Not Provided § 4.1.1.22 Telecommunications/data design Not Provided § 4.1.1.23 Security evaluation and planning Not Provided § 4.1.1.24 Commissioning Not Provided § 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided § 4.1.1.26 Historic preservation Not Provided § 4.1.1.27 Furniture, furnishings, and equipment design Not Provided § 4.1.1.28 Other services provided by specialty Consultants Not Provided § 4.1.1.29 Other Supplemental Services Not Provided § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) « » § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) « » § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services necessitated by enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 16 .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner’s other consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, more than two (2) public presentations, meetings or hearings. The Architect’s attendance at two (2) public presentations, meetings, or hearings shall be included in the Architect’s Basic Services; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner in writing with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice: .1 Reviewing a Contractor’s submittal out of sequence from the Project submittal schedule approved by the Architect; .2 Responding to the Contractors’ requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractors from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’ proposals and supporting data, or the preparation or revision of Instruments of Service, except that the Architect’s Basic Services shall include preparing Change Orders or Constructive Change Directives when the need therefore arises from the Architect’s error or omission; .4 Evaluating more than five (5) Claims as the Initial Decision Maker; or .5 Evaluating substitutions proposed by the Owner and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 « Two » ( « 2 » ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 « Eight » ( « 8 » ) visits to the site by the Architect during construction .3 « Four » ( « 4 » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 « Four » ( « 4 » ) inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 17 § 4.2.5 If the services covered by this Agreement have not been completed within « twenty-four » ( « 24 » ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner shall provide the Architect with a copy of the scope of services in the agreement executed between the Owner and the Construction Manager, and any subsequent modifications to the Construction Manager’s scope of services in the agreement. § 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractors to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf only with respect to specific matters delegated to the representative in writing by the Owner’s Board. In no event shall the Owner’s representative have authority to agree to any adjustments in the Contract Sum or Contract Time. All adjustments to the Contract Sum or Contract Time require approval by the Owner’s Board unless the Board expressly delegates in writing to the representative, defined authority to approve specified sums or times. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. Owner shall provide utility location information in its possession but makes no representation as to the accuracy of utility location information and the Architect shall be responsible to confirm the accuracy of utility locations. § 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 18 § 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.13 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.14 The Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. No cost will be paid to the Architect for the Construction Manager’s services and reimbursables. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect , in collaboration with the Construction Manager, will confirm the estimate prepared as the Architect progresses with its Basic Services. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 19 § 6.3.1 If a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. Work shall be incorporated in the Architect’s fee to the extent that the estimate exceeds the Owner’s budget due to Architect’s failure to incorporate the specific cost-savings measures directed by the Owner and Construction Manager. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as part of the Architect fee, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractors, Construction Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and Separate Contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. The Owner’s non-exclusive license to use the Instruments of Service shall be governed by Section 9.8. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 20 the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. § 7.6 If the Architect’s design, device, material or process is covered by letters, patent or copyright, trademark or trade name, the Architect shall provide proof to Owner that such use is authorized by suitable legal agreement with the patent or trademark holder or owner. If no such agreement is made, the Architect shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent, , acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. All indemnification obligations shall survive termination, expiration or cancellation of this Contract. The Architect agrees, that in order to protect itself and the Owner under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force policies of insurances required in the Paragraph entitled, “Insurance.” Nothing in this Contract shall be construed to waive any immunities or limitations to which Owner is entitled under Minnesota Statutes, Chapter 466 or otherwise. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be resolved through litigation in the state or federal courts located in Hennepin County, Minnesota. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. Mediation is not a condition precedent to commencing litigation, but if litigation is commenced, the parties agree to mediate before any dispositive motions or trial. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 21 § 8.2.2 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ « X » ] Litigation in a court of competent jurisdiction, in Hennepin County, Minnesota [ « » ] Other: (Specify) « » § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 Except for amounts that are the subject of a good faith dispute under the Prompt Payment of Local Government Bills, Minnesota Statutes, Section 471.425 (“Prompt Payment Act”), if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination after seven (7) days written notice by Architect or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums which are not the subject of a good faith dispute under the Prompt Payment Act prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or if the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and reasonable, substantiated costs attributable to termination. § 9.7 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 22 § 9.8 In the event of Termination, and upon payment to the Architect of all sums that are not the subject of a good faith dispute, the Owner and its designated agents and consultants, shall have a non-exclusive license to use the Architect’s, and its consultant’s, Instruments of Service, documents, data, and records relating to the Project, in the condition they were in on the date of Termination, for the limited purpose of completing, maintaining, and operating the Project. The Architect’s contracts with its consultants shall incorporate provisions whereby its consultants agree to be bound by the terms of this section. Upon request, the Architect and its consultants shall promptly furnish the Owner with legible copies of their Instruments of Service, documents, data, and records relating to the Project, and the Owner shall reimburse the Architect and its consultants for their reasonable copying and clerical expenses therefor. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, except for purposes of this Agreement, the term “Work” shall include the work of all Contractors under the administration of the Architect and Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, and including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 All data applicable to this Agreement, including data regarded as trade secret by Architect, shall be governed by the Minnesota Government Data Practices Act (“MGDPA”), Minnesota Statutes, Chapter 13. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days’ notice to the other party, when required by law, including but not limited to the MGDPA, or when required by an arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 23 and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) « » .2 Percentage Basis (Insert percentage value) « » (« » ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) «An hourly amount not to exceed $269,500» § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) « » § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) « » § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus « ten » percent ( « 10 » %), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) « » § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase « » percent ( « » %) Design Development Phase « » percent ( « » %) Construction Documents Phase « » percent ( « » %) Procurement Phase « » percent ( « » %) AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 24 Construction Phase « » percent ( « » %) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) « » Employee or Category Rate ($0.00) JLG Principle Architect JLG Project Architect II JLG Job Captain - Reengineered Principal Reengineered Project Engineer Nelson Rudie Associates Principal Engineer Nelson Rudie Associates Project Engineer Nelson Rudie Associates Technical Assistant Loucks Principal Civil Engineer Loucks Project Engineer Loucks Principal Landscape Architect Loucks Landscape Architect $270 $195 $140 $240 $200 $210 $125 $100 $269 $215 $247 $184 § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 25 .10 Site office expenses not including jobsite field office trailer; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus « » percent ( « » %) of the expenses incurred . § 11.9 Architect’s Insurance If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) « » § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of « zero » ($ « 0 » ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of « » ($ « » ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid « thirty-five » ( « 35 » ) days after the invoice date in accordance with the Prompt Payment Act shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) « 1.5 » % « monthly » § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect. The Owner’s right, if any, to offset sums due the Architect shall be governed by applicable law, including, but not limited to the Prompt Payment Act. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. The Architect shall keep and maintain accurate documentation of all claimed reimbursable expenses in such a form that they may be independently audited. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 12.1 Record Keeping—Availability and Retention Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Architect agrees that the books, records, documents and accounting procedures and practices of Architect, that are relevant to the Contract or transaction, are subject to examination by the Owner and the state auditor for a minimum of six (6) years. Architect shall maintain such records for a minimum of six (6) years after final payment. § 12.2 Data Practices AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 26 Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by Architect in performing this contract is subject to the requirements of the Minnesota Government Data Practices Act (“MGDPA”), Minnesota Statutes, Chapter 13, and Architect must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section 13.08 apply to Architect. Architect does not have a duty to provide access to public data to the public if the public data are available from the Owner, except as required by the terms of this contract. § 12.3 Non-Discrimination Pursuant to Minnesota Statutes, Section 181.59, the Architect will take affirmative action to ensure that applicants are selected, and that employees are treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability or age. The Architect agrees to be bound by the provisions of Minnesota Statutes, Section 181.59, that prohibits certain discriminatory practices and the terms of said section are incorporated into this contract. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B132™–2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition, as modified .2 Building Information Modeling Exhibit, if completed: « » .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ « » ] AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) «Richfield Public Pool RFP Issued March 5, 2025 » [ « » ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) « » .4 Other documents: (List other documents, if any, forming part of the Agreement.) « » This Agreement is entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) «Mary Supple »«Mayor » « »« » (Printed name and title) (Printed name, title, and license number, if applicable) AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:50:11 ET on 04/18/2025 under Order No.2114515846 which expires on 07/01/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1664239986) 27 OWNER (Signature) «Katie Rodriguez »«City Manager » (Printed name and title) AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.D. STAFF REPORT NO. 68 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Matt Hardegger, Transportation Engineer DEPARTMENT DIRECTOR REVIEW:Kristin Asher, Public Works Director 5/19/2025 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Consider approval of a resolution authorizing execution of Minnesota Department of Transportation (MnDOT) Agreement No. 1059794 for the disbursement of state general funds for the 70th Street Safe Routes to School project. EXECUTIVE SUMMARY: The City has received funding from MnDOT's Safe Routes to School program to construct approximately 1000 feet of separated one-way bike path (cycletrack) on the south side of 70th Street between Elliot and 12th Avenue S within City right-of-way, and construct pedestrian safety features at intersections throughout the project area. Based on the low bid for the project, the grant award is in the amount of $534,196.75 MnDOT's Safe Routes to School infrastructure funding is financed by state general funds, which carries with it statutory obligations for the users and requires a council resolution accepting the terms of the funding as part of the grant agreement process. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing execution of MnDOT Agreement No. 1059794 for the disbursement of state general funds for the 70th Street Safe Routes to School project. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Richfield was awarded a grant of up to $586,225 in May, 2024 through MnDOT's 2023 Safe Routes to School infrastructure funding solicitation. That solicitation was created using general funds appropriated in the 2023 legislative session. Project owners that utilize state funding are required to execute an agreement with MnDOT and resolution agreeing to the terms of the grant agreement in order to have eligible project expenditures reimbursed. Bids for the 70th Street Safe Routes to School project were opened on May 6th, 2025. The low bid amount was $624,672.75. The project scope includes $90,476 of non-participating work which is ineligible for state aid reimbursement, so the grant award was capped at $534,196.75. The non-participating items are for in-kind storm sewer replacement caused by the curb line moving. The existing storm sewer system does not meet capacity requirements for state-aid standards, and increasing capacity on the system to meet the standards would require installation of larger pipes from 70th Street up to 66th Street, which was cost prohibitive. The City will construct/install stormwater infrastructure outside state-aid standards as part of the project and therefore this part of the project is not eligible for grant reimbursement. These costs will be paid using stormwater utility funds. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Equity: Executing an agreement like this is standard city business. The Safe Routes to School program as a whole advances equity by creating improved non-motorized routes to school that help promote active transportation and provide alternative forms of transportation for students to get to school on time and ready to learn. Strategic Plan: Authorizing this agreement will drive progress towards sustainable infrastructure financing and climate resilience by leveraging availability of state-funded grant programs to improve active transportation infrastructure within the city. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The Safe Routes to School program is established and governed by Minnesota Statutes, Section 174.40. Minnesota Statutes, Section 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution by a two-thirds majority of the City Council. D.CRITICAL TIMING ISSUES: This agreement must be executed prior to construction of the project. The contract start date is June 9th, 2025. E.FINANCIAL IMPACT: The grant agreement authorizes MnDOT to disburse $534,196.75 of bond funding to the City of Richfield to construct the 70th Street Safe Routes to School project, on a reimbursable basis. The final grant amount is based on the the low bid prices for the project, and can be modified if actual construction costs exceed this amount, up to a maximum of $586,225. The $90,476 of non-participating expenses will be paid for by the city's stormwater utility fund. F.LEGAL CONSIDERATION: The City Attorney has reviewed the grant agreement and will be available to answer questions. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type MnDOT Agreement 1059794 Contract/Agreement Resolution - MnDOT Agreement 1059794 Resolution Letter MnDOT Agreement No. 1059794 SAP No. 157-113-008 1 CM State Aid SRTS Grant Agreement (Rev. October 2024) STATE OF MINNESOTA SAFE ROUTES TO SCHOOL PROGRAM GRANT AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and ("Grantee"): Public Entity (Grantee) name, address and contact person: City of Richfield 6700 Portland Ave S Richfield, MN 55423 Contact: Joe Powers, City Engineer RECITALS 1. Minnesota Statute § 174.40 authorizes the State to enter into this agreement. 2. General Funds were appropriated for the Safe Routes to School Program in Minnesota Laws 2023, Chapter 68- H.F. 2887. 3. Grantee has been awarded Safe Routes to School (SRTS) Program funds under Minn. Stat. § 174.40. 4. Grantee represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, Grantee agrees to minimize administrative costs as a condition of this agreement. AGREEMENT TERMS 1 Term of Agreement, Survival of Terms, and Incorporation of Exhibits Effective Date. This agreement will be effective on the date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5. As required by Minn.Stat.§16B.98 Subd. 7, no payments will be made to Grantee until this agreement is fully executed. Grantee must not begin work under this agreement until this agreement is fully executed and Grantee has been notified by the State’s Authorized Representative to begin the work. Expiration Date. This agreement will expire on December 31, 2028, or when all obligations have been satisfactorily fulfilled, whichever occurs first. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this agreement, including, without limitation, the following clauses: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 11. Workers Compensation; 12. Governing Law, Jurisdiction, and Venue; and 14. Data Disclosure. Exhibits. Exhibit A: Sources and Uses of Funds Schedule; Exhibit B: Grant Application; Exhibit C: Grantee Resolution Approving Grant Agreement are attached and incorporated into this agreement. 2 Grantee’s Duties Grantee will conduct activities in accordance with its grant application, or in the case of legislatively selected projects, in accordance with the enabling session law, which is attached to this Agreement as Exhibit B. Grantee will comply with all required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Asset Monitoring. If Grantee uses funds obtained by this agreement to acquire a capital asset, the Grantee is required to use that asset for a public purpose for the normal useful life of the asset. Grantee may not sell or change the purpose of use for the capital asset(s) obtained with grant funds under this agreement without the prior written consent of the State and an agreement executed and approved by the same parties who executed and approved this agreement, or their successors in office. 3 Time Grantee must comply with all the time requirements described in this agreement. In the performance of this grant agreement, time is of the essence. MnDOT Agreement No. 1059794 SAP No. 157-113-008 2 CM State Aid SRTS Grant Agreement (Rev. October 2024) 4 Consideration and Payment Consideration. The State will pay for all services performed by Grantee under this agreement as follows: 4.1.1 Compensation. Grantee will be reimbursed for actual, incurred costs that are eligible under Minn. Stat. § 174.40. Grantee shall use this grant solely to reimburse itself for expenditures it has already made to pay for the costs of one or more of the activities listed under section 2.1. 4.1.2 Sources and Uses of Funds. Grantee represents to State that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total cost of the project and all of the funds that are available for the completion of the project. Grantee agrees that it will pay for any costs that are ineligible for reimbursement and for any amount by which the costs exceed State’s total obligation in section 4.1.3. Grantee will return to State any amount appropriated but not required. 4.1.3 Total Obligation. The total obligation of the State for all compensation and reimbursements to Grantee under this agreement will not exceed $534,196.75. Payment 4.2.1 Invoices. Grantee will submit state aid pay requests for reimbursements requested under this grant agreement. The State will promptly pay Grantee after Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. 4.2.2 All Invoices Subject to Audit. All invoices are subject to audit, at State’s discretion. 4.2.3 State’s Payment Requirements. State will promptly pay all valid obligations under this agreement as required by Minnesota Statutes §16A.124. State will make undisputed payments no later than 30 days after receiving Grantee’s invoices and progress reports for services performed. If an invoice is incorrect, defective or otherwise improper, State will notify Grantee within ten days of discovering the error. After State receives the corrected invoice, State will pay Grantee within 30 days of receipt of such invoice. 4.2.4 Grant Monitoring Visit and Financial Reconciliation. During the period of performance, the State will make at least annual monitoring visits and conduct annual financial reconciliations of Grantee’s expenditures. 4.2.4.1 The State’s Authorized Representative will notify Grantee’s Authorized Representative where and when any monitoring visit and financial reconciliation will take place, which State employees and/or contractors will participate, and which Grantee staff members should be present. Grantee will be provided with at least seven calendar days of notice prior to any monitoring visit or financial reconciliation. 4.2.4.2 Following a monitoring visit or financial reconciliation, Grantee will take timely and appropriate action on all deficiencies identified by State. 4.2.4.3 At least one monitoring visit and one financial reconciliation must be completed prior to final payment being made to Grantee. 4.2.5 Unexpended Funds. The Grantee must promptly return to the State at grant closeout any unexpended funds that have not been accounted for in a financial report submitted to the State. 4.2.6 Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with grant funds will continue following grant closeout. Contracting and Bidding Requirements. If Grantee is a municipality as defined by Minn. Stat. § 471.345, subdivision 1, then Grantee shall comply with the requirements of Minn. Stat. § 471.345 for all procurement under this Agreement. 5 Conditions of Payment All services provided by Grantee under this agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representatives The State's Authorized Representative is: MnDOT Agreement No. 1059794 SAP No. 157-113-008 3 CM State Aid SRTS Grant Agreement (Rev. October 2024) Marc Briese, Programs Engineer, MnDOT State Aid Office 395 John Ireland Boulevard, MS 500 St. Paul, MN 55155 Office: 651-366-3802 marc.briese@state.mn.us or his/her successor. State’s Authorized Representative has the responsibility to monitor Grantee’s performance and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. Grantee’s Authorized Representative is: Joe Powers City Engineer 1901 E 66th Street Richfield, MN 55423 Office: 612-861-9791 jpowers@richfieldmn.gov. If Grantee’s Authorized Representative changes at any time during this agreement, Grantee will immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Agreement Complete Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State’s right to subsequently enforce it. Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 7.6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving federal or state awards. 8 Liability Grantee and State agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of State is governed by the provisions of Minn. Stat. Sec. 3.736. If Grantee is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of Grantee is governed by the provisions of Chapter 466. Grantee’s liability hereunder shall not be limited to the extent of insurance carried by or provided by Grantee, or subject to any exclusion from coverage in any insurance policy. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of Grantee, or other party relevant to this grant agreement or transaction, are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. Grantee will take timely and appropriate action on all deficiencies identified by an audit. MnDOT Agreement No. 1059794 SAP No. 157-113-008 4 CM State Aid SRTS Grant Agreement (Rev. October 2024) 10 Government Date Practices and Intellectual Property Rights Government Data Practices. Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either Grantee or the State. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13 Termination; Suspension Termination by the State. The State may terminate this agreement with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Termination for Cause. The State may immediately terminate this grant agreement if the State finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that Grantee has been convicted of a criminal offense relating to a state grant agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Termination for Insufficient Funding. The State may immediately terminate this agreement if: 13.3.1 It does not obtain funding from the Minnesota Legislature; or 13.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State will provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. Suspension. The State may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Grantee during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 14 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 15 Fund Use Prohibited. The Grantee will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or MnDOT Agreement No. 1059794 SAP No. 157-113-008 5 CM State Aid SRTS Grant Agreement (Rev. October 2024) material supplier. This restriction does not prevent the Grantee from utilizing these funds to pay any party who might be disqualified or debarred after the Grantee’s contract award on this Project. 16 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to grant contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 17 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this Agreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to the Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however, the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities. The Grantee’s consultants and contractors are not intended to be third party beneficiaries of this Agreement. 18 Additional Provisions Prevailing Wages. Grantee agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the project. By agreeing to this provision, Grantee is not acknowledging or agreeing that the cited provisions apply to the project. E-Verification. Grantee agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order. Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement Grantee certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), Grantee does not and will not use any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Grantee will include this certification as a flow down clause in any contract related to this agreement. Title VI/Non-discrimination Assurances. Grantee agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included in Exhibit A, Grantee will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Grantee’s compliance with this provision. The Grantee must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by State. Use, Maintenance, Repair and Alterations. The Grantee shall not, without the written consent of the State and MnDOT Agreement No. 1059794 SAP No. 157-113-008 6 CM State Aid SRTS Grant Agreement (Rev. October 2024) the Commissioner, (i) permit or allow the use of any of the property improved with these grant funds (the Real Property) for any purpose other than in conjunction with or for nonmotorized transportation, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in section (i), (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Grantee fails to maintain the Real Property in accordance with this Section, the State may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Grantee irrevocably authorizes the State to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by the State shall be at its sole discretion, and nothing contained herein shall require the State to take any action or incur any expense and the State shall not be responsible, or liable to the Grantee or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by the State pursuant to this Section shall be due and payable on demand by the State and will bear interest from the date of payment by the State at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year. [The remainder of this page has intentionally been left blank.] MnDOT Agreement No. 1059794 SAP No. 157-113-008 7 CM State Aid SRTS Grant Agreement (Rev. October 2024) GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Mayor Date: By: Title: City Manager Date: DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance as required by Minnesota Statutes § 16A.15 and 16C.05 By: __________________________________ State Aid Programs Manager (with delegated authority) Date: ________________________________ DEPARTMENT OF TRANSPORTATION CONTRACT MANAGEMENT By: Date: MnDOT Agreement No. 1059794 SAP No. 157-113-008 8 CM State Aid SRTS Grant Agreement (Rev. October 2024) EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDS USES OF FUNDS Entity Supplying Funds Amount Expenses Amount State Funds: Items Paid for with SRTS SRTS General Fund Grant SAAS Acct 412 $534,196.75 General Fund Grant Funds: Other: Construction of sidewalk $534,196.75 ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ Subtotal $534,196.75 Subtotal $534,196.75 Public Entity Funds: Items paid for with Non- Matching Funds SRTS General Fund Local Match $90,476.00 Grant Funds: Construction of storm sewer $90,476.00 Other: ________________ $___________ ________________ $___________ ________________ $___________ ________________ $___________ Subtotal $90,476.00 Subtotal $90,476.00 TOTAL FUNDS $624,672.75 = TOTAL PROJECT COSTS $624,672.75 MnDOT Agreement No. 1059794 SAP No. 157-113-008 9 CM State Aid SRTS Grant Agreement (Rev. October 2024) EXHIBIT B GRANT APPLICATION Attach the grant application for the project Form Name: 2023 Minnesota Safe Routes to School (SRTS) Program: Infrastructure Solicitation Application Submission Time: February 2, 2024 2:56 pm Browser: Chrome 121.0.0.0 / Windows IP Address: 156.142.185.30 Unique ID: 1190634991 Location: 44.9534, -93.3842 Minnesota Safe Routes to School (SRTS) Program: Infrastructure Solicitation Application I. Project Information A. Applicant Information Name Matt Hardegger Agency Name City of Richfield Job Title/Position Transportation Engineer Phone (612) 861-9792 Email mhardegger@richfieldmn.gov Agency Type State Aid City Address 6700 Portland Ave S Richfield, MN 55423 County Hennepin MnDOT District Metro District B. Lead Agency Sponsor Information As a grant applicant, are you representing a township, non-state aid city, or a school or school district? If yes, you are required to have a county sponsor. No, I am not a township, non-state aid city, or a school or school district C. Project Funding SRTS Request 586225 Total project cost 586225 Are funds from all sources committed?Yes D. Brief Project Description Enter a brief description or title of your project. Example: Construct shared use path along north side of CSAH 12 (Cedar Street) including bumpouts at all quadrants at the CSAH 12 and Main Street intersection in the City of Moose River. Construct curb extensions on E 70th Street at intersections with Elliot Ave, 10th Ave, 11th Ave, and 12th Ave, and construct a cycle track on the south side of the roadway in the City of Richfield. E. Project Location Will any proposed infrastructure improvements be constructed on the right-of-way or property of a township, city, or county other than the applicant or lead agency sponsor? No Beginning Point - Latitude 44.876319369446854 Beginning Point - Longitude -93.26172502605884 F. Funding Sources Has this project been selected for federal funding? No G. Eligibility Check The applicant must have a full resolution (not just a letter of support) from their council or governing board approving the project and pledging support to fund engineering, right of way, inspection, and other non-SRTS eligible costs, as well as SRTS-eligible items in excess of the SRTS Infrastructure grant amount. The applicant understands this eligibility requirement and has executed this document for attachment to the application. Yes Township, non-state aid city, and school or school district applicants will need a state aid city or county to serve as their lead agency project sponsor. If a lead agency sponsor is required, the applicant must have a full resolution (not just a letter of support) from the sponsoring county or state aid city agreeing to serve as a sponsor and to support the project by performing tasks identified above in section “Lead Agency Sponsor”. The applicant understands this eligibility requirement and has obtained this document for attachment to the application. Not applicable (application is from a state aid city, county, or tribe) The applicant must have a full resolution (not just a letter of support) from all non-Tribal entities (except MnDOT) other than the applicant or lead agency sponsor whose property or right-of-way will be impacted by the proposed project. The applicant understands this eligibility requirement and has obtained, if required, this document from all impacted entities for attachment to the application. Not applicable (no other public agency right-of-way is impacted) Projects constructed with this grant funding must have an expected service life of 10 years minimum. The applicant affirms to the best of their current knowledge and belief that this requirement will be met. Yes - project will have a service life of 10 or more years Projects are required to be ready for construction in 2024 or 2025. The applicant understands this eligibility requirement and will award a contract and be under construction by December 15, 2025. Yes Please select the anticipated construction year 2025 Safe Routes to School Infrastructure grant funds cannot be used on impacts to trunk highways or trunk highway right-of-way without an explicit letter of support from the MnDOT District Engineer. The applicant understands this eligibility requirement and has obtained, if required, this document for attachment to the application. Not applicable (the proposed project does not have trunk highway impacts) Applicants for Safe Routes to School infrastructure funds must have adopted subdivision regulations that require Safe Routes to School infrastructure in developments authorized on or after June 1, 2016. The applicant understands this eligibility requirement and can attach proof of compliance via ordinance or other language that demonstrates how it is applied to the application. Yes Only construction costs are eligible for the program. Development of engineering and construction plans are not eligible nor are right-of-way acquisition costs. All awarded projects must follow the State Aid process, which includes developing a construction plan set signed by a licensed engineer. The applicant must have the ability to develop this plan set or the funds to pay a consultant to develop this plan set. Exhibits from engineering studies do not qualify as a construction plan set. The applicant understands this requirement and has the ability or funds to develop the plan set. Yes Safe Routes to School funds cannot be used to pay school, local agency, or federally recognized Indian Tribe staff time to construct or install any improvements. School, local agency, or federally recognized Indian Tribe staff time is not an eligible cost for the program. All awarded projects must be put out to bid and awarded to a contractor. The applicant understands this program requirement and plans to bid the project out to a contractor. Yes H. Project Evaluation Name Matt Hardegger Job Title / Role Transportation Engineer Email mhardegger@richfieldmn.gov Phone 612-861-9792 II. Project Improvements & Safety I. School Information School 1: School Name Richfield Dual Language School School 2: School Name Richfield STEM School School 1: School Location Richfield School 2: School Location Richfield School 1: Grades Available K-5 School 2: Grades Available K-5 School 1: Number of Students Enrolled 505 School 2: Number of Students Enrolled 592 J. Safety Concerns At any location in the project area, do pedestrians or bicyclists travel where safe infrastructure is not provided? Yes Check any that apply below:People cross a roadway at any point other than an intersection or marked crossing Other Please describe other response.People walk in marked bicycle lane Have safety risks or hazards related to vehicles been identified within the project area that prevent people from safely walking or biking in or near the project area? Yes Check any that are present in the project area: High vehicle speeds High levels of traffic Low stop or yield compliance for pedestrians or cyclists Low visibility of pedestrians or cyclists / Drivers unable to see pedestrians or cyclists Please use this space to more completely list and describe the safety risks, hazards, or uncomfortable walking or biking conditions that have been identified above, including the locations of these risks and conditions. Applicants may also reference any survey data, crash data, pedestrian or bicycle plan, or other relevant sources. Upload any referenced sources when submitting this application. Each attachment must be referenced in the application, otherwise the attachment will not be considered in the scoring of the application. Current roadway section is 44' wide curb-to-curb, with an 11' lane, 1' striped buffer, and 6' bike lane in each direction with an additional 8' parking lane on the south (EB) side of the roadway (Site Photos, Figure 4). The wide roadway section takes 12-15 seconds for a pedestrian to clear at a normal pace, leaving students and parents exposed to vehicle traffic for a long period of time. Vehicles parked legally in the parking lane create visibility problems for pedestrians attempting to cross at the unmarked crossing locations of 10th or 11th Avenues and the crosswalk at Elliot (Site Photos, Figure 6). Vehicles also frequently park in the bike lane, forcing bicyclists into the roadway to pass the parked vehicles (Site Photos, Figures 7-8) The roadway is currently a 30 mph zone, but data collected in fall of 2023 showed 85th percentile speeds ranging from 33-37 mph along the corridor (Speed Reports attached). The 70th Street/Elliot Ave intersection is currently a 2 way stop with a history of crashes (5 crashes between 2019-2023, MnCMAT2 Crash Summary attached). Does the school(s) or school district have a no walking and/or bicycling to school policy? No Does the school(s) provide hazard busing? Hazard busing refers to school bus services provided to students who live in the immediate proximity of the school because of a safety hazard to walking or biking near the school. No Does the school(s) district have plans to relocate or repurpose the school facilities within the next 10 years? No Does the school(s) or school district promote any activities or policies to encourage students walking and bicycling? Yes Please describe these activities or policies. Both schools participate in Walk to School Day, Winter Walk to School Day and, Bike to School Day. RDLS installed bike racks in 2022. STEM has robust school safety patrol program at 70th/12th intersection. Parking lot reconfiguration based on engineering study to separate pedestrian/bicycle traffic from motor vehicles. What percentage of students walk or bike to school? RDLS: 8%, STEM: 4.9% What percentage of students take the bus to school? RDLS: 46%, , STEM: 51% K. Types of Improvements Curbs and medians New curb and gutter Curb extensions (concrete) Signage and striping New crosswalk striping Sidewalks and trails New sidewalks ADA ramps Other Provide a full project description including the locations and uses of each improvement identified above. Please include descriptions for other improvements not listed above as well. Include any project maps or design exhibits. These exhibits may be uploaded with your application. Project will replace the existing 10' wide concrete sidewalk on the south side of the roadway with a 6' sidewalk, 6' cycle track, and a landscaped buffer to a new curb line. The curb line will be shifted 7' to the north to move the existing on street striped bicycle lane + striped buffer zone to the new cycle track, shorten the crossing distance for pedestrians, and remove the existing buffer between the travel lane and the parking lane. Curb extensions will be built at all 4 quadrants of the 70th/Elliot intersection, 3 quadrants of the 70th/10th intersection, 3 quadrants of the 70th/11th intersection, and 4 quadrants of the 70th/12th intersection to narrow the crossing distance further and daylight the crossing locations between parked cars to improve pedestrian visibility. New crosswalk markings will be provided at 70th/Elliot and 70th/12th and will be evaluated at 70th/10th and 70th/11th. Locations of improvements are shown in the attached project location map. L. Project Improvements School(s): Explain how listed improvements would connect students to schools within your community. See Solicitation Guide for example statement. Improving the crossing infrastructure across 70th Street and slowing vehicle traffic will connect students by creating a safer environment for students who live north of the campus to walk to school. Additionally it will provide safer crossing locations for families utilizing the neighborhood across 70th Street to park and walk during school events which overflow the school's parking lot. New sidewalks and the separated cycle track would create an unobstructed path to the school for active transportation, where currently the eastbound bike lane is frequently blocked during busy periods. Safety Risk Mitigation: Explain how each of the listed improvements in "Section K. Types of Improvements" would mitigate the safety risks and hazards described in "Section J. Safety Concerns." See Solicitation Guide for example statement. Shifting the eastbound bike lane to a behind curb cycle track will narrow the roadway's full width by 7 feet. This shift will also remove the potential for vehicles to park in the bike lane while waiting to drop off or pick up students, which will make the eastbound bike facility safer for cyclists, especially students biking to school. The narrower road and removal of the buffer between vehicle traffic and parked vehicles creates a natural traffic calming effect which should slow vehicle speeds, especially for eastbound traffic. The curb extensions through the parking lane will shorten the crossing distance an additional 8 feet, reducing the total crossing distance to 29 feet. These curb extensions will also provide a chicane effect that may slow traffic, as well as a daylighting effect at the pedestrian crossing locations to shift parked vehicles further from the crossing and increase pedestrian visibility. The addition of pedestrian ramps to 10th and 11th Aves will also enable the city to paint new crosswalk markings across 70th Street at these locations. III. Community Engagement & Transportation Policies M. Plans, Policies, & Studies Does the applicant agency or lead agency sponsor have a Safe Routes to School (SRTS) plan? Yes - please attach to application In which year did the school(s) adopt the plans? 2014 Has the adopted plan received any updates, addendums, surveys, public engagement sessions, or any other changes since it was adopted? Yes - please attach to application Briefly describe the updates Annual tally reports and parent surveys. Most recent tally report for RDLS in 2022 and STEM in 2023, most recent surveys conducted in 2023. Are the improvements in this project identified in the listed plan? No Have the improvements been identified in any other planning document or study? Yes Please attach to application and provide the page number(s) on which the project is identified. 4/2021 Engineering Study, pages 4-5, 57-63 Explain how the proposed improvements in this project were identified, planned, and prioritized. This includes any community engagement or public outreach activities. Improvements were first identified via the 2021 Engineering Study. A MnDOT Grant-funded demonstration project was constructed using quick-build materials in April 2023 and left in place until October 2023. Scope of demonstration project was determined using a project team consisting of city staff, district staff, City Council, and school parent representatives. Demonstration project was evaluated using an online survey as well as site observations by city and district staff to determine the final scope of proposed improvements. A project summary of the demonstration project is attached. Public and school families will be engaged again on the final layout prior to plan development starting. Has the applicant agency adopted a complete streets policy? Yes - please attach to application In which year did the local governing agency adopt the policy? 2013 IV. Equity Score N: Implementing the 6E Strategies Check all of the 6E Strategies implemented at the school(s) or school district(s). Please describe events, policies and programs serving these strategies. Evaluation Equity Engagement/Enforcement Education Encouragement Engineering EQUITY - Please describe events, policies and programs serving this strategy. District policies and activities prescribe a combination of universal programming and smart, targeted intervention. District conducts regular outreach activities and frequent dialogue with the Richfield Latino Families Association. EVALUATION: Please describe events, policies and programs serving this strategy. District conducts annual SRTS Parent Surveys and Travel Tallies ENGAGEMENT/ENFORCEMENT: Please describe events, policies and programs serving this strategy. District conducts regular outreach activities to school families and conducts annual SRTS parent surveys. EDUCATION: Please describe events, policies and programs serving this strategy. Walk! Bike! Fun! education provided to all students 4th grade and up (approximately 1400 students district wide) via SRTS Coordinator. ENCOURAGEMENT: Please describe events, policies and programs serving this strategy. Schools participate in Walk & Roll to School Day and post crossing guards at intersections near buildings. ENGINEERING: Please describe events, policies and programs serving this strategy. District participates in demonstration projects to improve walking & biking conditions. O. Advancing Equity Describe how this project will advance equity in your community. This should be specific to how this project will benefit the students traveling to and from school in your community. Please see Solicitation Guide for definition of equity. Providing safe infrastructure for students to travel to school helps to remove a safety barrier that disproportionately affects lower-income and BIPOC residents. A safe route to school helps remove some of the stress burden affecting students and parents from traditionally underserved communities by providing the students more independence to commute to and from school. This can lead to positive educational outcomes when students are able to arrive safely at school each day on time and alert. Describe how this project will serve and protect priority populations in your community. Please see Solicitation Guide for definition of priority populations. Both schools are demographically and economically more diverse than the city as a whole. RDLS is 75% students of color, with 87% previously eligible for free/reduced lunch programs, and 40% of students in English language learning courses (MnDOT STEPP tool). STEM is 56% students of color, with 76% previously eligible for free/reduced lunch programs, and 21% of students in English language learning courses. As a whole, Richfield is 40% BIPOC, with 19% of households below 185% of the Federal Poverty Level, and 25% speak a language other than English at home (2022 ACS Data). Additionally, there are 63 units of naturally occurring affordable housing within 1/2 mile of the school. New sidewalk facilities along 70th Street and new ADA-compliant pedestrian ramps will benefit students with disabilities or other mobility challenges who would like a more consistent, even path to walk, bike, or roll to school. P. Safe Routes to School Equity Score V. Attachments Approved submitting Agency resolution of support (PDF) https://www.formstack.com/admin/download/file/15868182445 Approved resolution(s) of support from other non-Tribal agencies (except MnDOT) impacted by project (if applicable) (PDF) https://www.formstack.com/admin/download/file/15868182446 For non-school/school district applicants: Submitting agency subdivision certification, regulations, or ordinances. (PDF) https://www.formstack.com/admin/download/file/15868182447 Engineering or planning-based cost estimate with itemized breakdown (Excel) https://www.formstack.com/admin/download/file/15868182448 Timeline of project indicating major milestones and their anticipated completion dates (PDF) https://www.formstack.com/admin/download/file/15868182449 Pedestrian, bicycle or other transportation plan or study that identifies the proposed project or improvements (PDF) - or - a link to the documents if publicly available elsewhere https://www.formstack.com/admin/download/file/15868182450 At least one location map with project routes or improvements identified. If you choose to include project photos, please make sure the project location map is the first page in this attachment (PDF) https://www.formstack.com/admin/download/file/15868182451 Upload additional supporting document here. Please merge multiple similar documents together (say three letters of support) or if additional upload slots are required. https://www.formstack.com/admin/download/file/15868182452 Upload additional supporting document here. Please merge multiple similar documents together (say three letters of support) or if additional upload slots are required. https://www.formstack.com/admin/download/file/15868182453 Upload additional supporting document here. Please merge multiple similar documents together (say three letters of support) or if additional upload slots are required. https://www.formstack.com/admin/download/file/15868182454 VI. Conflict of Interest Disclosure Having had the opportunity to review the above Organizational Conflict of Interest Checklist, the applicant hereby indicates that it has, to the best of its knowledge and belief: Determined that no potential organization conflict of interest exists MnDOT Agreement No. 1059794 SAP No. 157-113-008 10 CM State Aid SRTS Grant Agreement (Rev. October 2024) EXHIBIT C GRANTEE RESOLUTION APPROVING GRANT AGREEMENT MnDOT Agreement No. 1059794 SAP No. 157-113-008 11 CM State Aid SRTS Grant Agreement (Rev. October 2024) RESOLUTION NO. AUTHORIZING EXECUTION OF MNDOT AGREEMENT #1059794 SETTING GRANT TERMS AND CONDITIONS FOR THE DISBURSEMENT OF STATE ACTIVE TRANSPORTATION FUNDING FOR SAP 157-113-008 WHEREAS, the City of Richfield has applied to the Commissioner of Transportation for a grant from the Active Transportation Account; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $534,196.75 by reason of the lowest responsible bid; NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.38, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Active Transportation Account any amount appropriated for the project but not required. The proper city officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2025. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk RESOLUTION NO. AUTHORIZING EXECUTION OF MNDOT AGREEMENT #1059794 SETTING GRANT TERMS AND CONDITIONS FOR THE DISBURSEMENT OF STATE ACTIVE TRANSPORTATION FUNDING FOR SAP 157-113-008 WHEREAS, the City of Richfield has applied to the Commissioner of Transportation for a grant from the Active Transportation Account; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $534,196.75 by reason of the lowest responsible bid; NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.38, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Active Transportation Account any amount appropriated for the project but not required. The proper city officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above- referenced grant. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2025. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.E. STAFF REPORT NO. 69 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Jake Whipple, Civil Engineer DEPARTMENT DIRECTOR REVIEW:Kristin Asher, Public Works Director 5/19/2025 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager ITEM FOR COUNCIL CONSIDERATION: Consider approval of a bid tabulation and award of contract to Corrective Asphalt Materials, LLC for the 2025 Maltene Pavement Rejuvenation Project in the amount of $690,250.00, and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. EXECUTIVE SUMMARY: Pavement Preservation Program In 2018, the City initiated a thorough pavement preservation and maintenance program for streets that follows the Accelerated Mill and Overlay program. The intent is to preserve the new road surface and further extend pavement life in an effort to preserve the City's investment in Richfield streets. The maintenance program includes: Maltene Pavement Rejuvenation or Reclamite application (1-3 years following mill and overlay and every 5-7 years recurring) Crack Sealing (1-3 years following mill and overlay) This year's Reclamite application will be performed in a large area of east Richfield and northwest Richfield. East Richfield areas include Portland Ave to Cedar Ave from 77th street up to 62nd Street which was Mill and Overlayed in 2016 then "Reclamited" in 2018. West Richfield areas including Washburn Ave to Girard from 66th Street to 62nd Street. These areas were Mill and Overlayed in 2015 and "Reclamited" in 2018. 65th Street from Nicollet Ave to Wood Lake Drive and Lyndale Ave from 64th Street to 66th Street will be "Reclamited" as well due to the recent reconstruction completed in 2024. Bids for the project were opened on May 8th, 2025. Corrective Asphalt Materials, LLC was the only bidder, with a bid of $690,250.00. The Preservation Process After paving, asphalt settles and dries out causing surface voids to form that allow water into the pavement and ultimately lead to cracking and other forms of pavement failure. Maltene based pavement rejuvenation, using the product known as Reclamite, soaks into these voids to seal them. This process gives the asphalt more durability and flexibility, and results in longer pavement life. RECOMMENDED ACTION: By motion: Approve the bid tabulation and award of contract to Corrective Asphalt Materials, LLC for the 2025 Maltene Pavement Rejuvenation Project in the amount of $690,250.00, and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Maltene based pavement rejuvenation/Reclamite has been a critical part of the preservation of the City's investment in the 6-year Accelerated Mill & Overlay program. See Executive Summary. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Strategic Considerations: Pavement conditions are analyzed and documented every year to determine locations of greatest need. The pavement management program works toward the strategic priority of sustainable infrastructure by preserving our built infrastructure and prioritizing maintenance efforts to return the best value on our roadway investments. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): When the amount of purchase is estimated to exceed $175,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. D.CRITICAL TIMING ISSUES: The maltene based pavement rejuvenation should be completed by the fall. Regular preventive maintenance techniques are effective in delaying costly street reconstruction projects. E.FINANCIAL IMPACT: One (1) bid was received for the 2025 Maltene Pavement Rejuvenation project. The lowest responsive and responsible bid was $690,250.00 submitted by Corrective Asphalt Materials, LLC. This work is budgeted and funded through the existing franchise fees. F.LEGAL CONSIDERATION: The advertisement for bid for the project was published on questCDN.com on April 9th and in the Richfield Sun-Current April 17th, 2025. Bid opening was held on May 8th, 2025. A copy of the bid tabulation is attached. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type Bid Tab Backup Material 2025 Reclamite Map Backup Material CITY OF RICHFIELD, MINNESOTA Bid Opening May 8, 2025 2:00 p.m. PROJECT: 2025 Pavement Rejuvenation Project Bid No.: 2025-02 Pursuant to requirements of Resolution No. 1015 and the City Code, a meeting of the Administrative Staff was called by City Clerk Friedrich who announced the purpose of the meeting was to receive; open and read aloud bids for the 2025 Pavement Rejuvenation, as advertised in the official newspaper on April 24, 2025. Present: Michelle Friedrich, City Clerk Jake Whipple, Civil Engineer Olivia Wycklendt, Project Engineer Scott Kulzer, Senior Analyst The following bids were submitted and read aloud: Bidder’s Name Bond Non- Collusion Intent to Comply Responsible Contractor Certificate Total Base Bid Corrective Asphalt Materials LLC Provided Provided Provided Provided $690,250.00 City Clerk Friedrich noted the bids would be tabulated and considered at the May 27, 2025 City Council Meeting. _______________________ Michelle Friedrich, City Clerk 2025 Pavement Rejuvenation (#9635452) Owner: Richfield, MN City of Solicitor: Richfield, MN City of 05/08/2025 01:00 PM CDT Corrective Asphalt Materials, LLC Section TitleLine Item Item Code Item DescriptionUofM Quantity Unit Price Extension 2025 Pavement Rejuvenation $690,250.00 1 2021.501 MOBILIZATIONLS 1 $19,250.00 $19,250.00 2 Special MALTENE BASED ASPHALT REJUVENATION AGENTSq Yd 550000 $1.22 $671,000.00 Base Bid Total:$690,250.00 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.F. STAFF REPORT NO. 70 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Mattias Oddsson, Water Resources Engineer DEPARTMENT DIRECTOR REVIEW:Kristin Asher, Public Works Director 5/20/2025 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Consider the approval of a resolution authorizing a grant agreement and acceptance of grant funds in the amount of $69,644.00 on behalf of the Richfield-Bloomington Watershed Management Organization from the Board of Water and Soil Resources for: 1. A green infrastructure rain garden grant program; and 2. A fisheries/aquatic invasive species study. EXECUTIVE SUMMARY: The Richfield-Bloomington Watershed Management Organization (RBWMO), organized through a joint powers agreement between the cities of Richfield and Bloomington, cooperatively manages and plans for the management of surface water in the RBWMO watershed. During 2024-25, staff worked with the Board of Soil and Water Resources (BWSR) and other agencies to determine a list of projects eligible for Watershed Based Implementation Funding (WBIF), and submitted a green infrastructure rain garden grant program and a fisheries/aquatic invasive species study. This application was successful, and the grant agreement must now be approved by the City Council. Some modifications have been made to the grant program since the initial proposal was presented at the March 11, 2025 RBWMO meeting. Based on feedback from the RBWMO board and residents, the work plan now includes a workshop for residents who are interested in the rain garden program and additional capacity for a larger number of projects, estimated at up to 12-15 by the likely project consultant. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing a grant agreement and acceptance of grant funds in the amount of $69,644.00 on behalf of the Richfield-Bloomington Watershed Management Organization from the Board of Water and Soil Resources for: 1. A green infrastructure rain garden grant program; and 2. A fisheries/aquatic invasive species study. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT As established by the joint powers agreement the RBWMO Board of Commissioners is comprised of all City Council members in the Cities of Richfield and Bloomington. At the April 2nd, 2024 RBWMO annual meeting the board directed staff to pursue development of a grant program for watershed residents, and pursue external funding for implementation. The RBWMO Management Plan, approved in 2017, includes completion of an invasive species management plan. Since then, sightings of goldfish in several RBWMO waterbodies have been confirmed, but there is no quantifiable data on the goldfish population or other aquatic invasive species at this time. Consistent with the joint powers agreement, personnel of the Cities are utilized to facilitate RBWMO activities. In this situation, Richfield will act as the fiscal agent for the grant and engineering staff will manage and administer the grant with cooperation from Bloomington staff. Any costs related to the grant will be split equally between the cities of Richfield and Bloomington and funded through each city's stormwater utility budget, as is typical for RBWMO expenses. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS The proposed grant program, by defraying the cost of constructing a rain garden, will make implementing this beneficial practice accessible to more residents, furthering the City's equity goals. The proposed fisheries study will allow RBWMO and City staff to make data-driven decisions for future management of the fish population, supporting the strategic plan goals of operational excellence and sustainable infrastructure. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): Minnesota Statute section 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution by a two-thirds majority of the City Council. D.CRITICAL TIMING ISSUES: Grant acceptance must be before June 1, 2025 per BWSR program rules. E.FINANCIAL IMPACT: Richfield will be the fiscal agent for this grant. Any costs associated with the grant will be split evenly between the Cities of Richfield and Bloomington and would come out of each city's respective stormwater utility budget. F.LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type WBIF Grant Agreement Contract/Agreement WBIF Grant Resolution Resolution Letter Page 1 of 5 2025 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES WATERSHED BASED IMPLEMENTATION FUNDING GRANT AGREEMENT Vendor: 0000197711 PO#: 3000018691 This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Richfield-Bloomington WMO (Grantee). Fiscal Agent: Richfield, City of Grant ID Grant Title Awarded Amt C25-0337 RBWMO Green Infrastructure Grant Program and Fisheries/AIS Study $69,644.00 Total Grant Awarded: $69,644.00 Recitals 1.The Laws of Minnesota 2023, Chapter 40, Article 2, Section 6(a) appropriated funds to the Board for the FY 2024 and 2025 Clean Water Fund Watershed Based Implementation Funding Program. 2.The Board adopted the Watershed Based Implementation Funding FY24-25 Policy and authorized the allocation of funds for the FY 2024 and 2025 Clean Water Fund Watershed Based Implementation Funding Program through Board Order #23-55. 3.The Grantee has submitted a BWSR-approved work plan for this program. 4.The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 5.As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative The State’s Authorized Representative is Marcey Westrick, Central Region Manager, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, (651) 284-4153, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is: TITLE /arTitle/ ADDRESS /arAddress/ CITY /arCity/ TELEPHONE NUMBER /arTele/ If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately notify the Board. Grant Agreement 1.Terms of the Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant Agreement until it is executed. 1.2. Expiration date: December 31, 2027 or until all obligations have been satisfactorily fulfilled, whichever comes first. 1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability; 8.State Audits; 9. Government Data Practices; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 19.Intellectual Property Rights. Docusign Envelope ID: F2BF4009-3E18-45F1-9D6F-929D83359630 Mattias Oddsson, RBWMO Executive Director Richfield 612-861-9797 6221 Portland Ave S Page 2 of 5 2.Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their Board approved work plan. The work plan will be implemented according to the Watershed Based Implementation Funding FY24-25 Policy. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2. All individual grants over $500,000 require a reporting expenditure by June 30 of each year. 2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2028, or within 30 days of fully expending funds, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3.Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4.Terms of Payment. 4.1. Funds will be distributed in three installments per grant: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. 4.2. Grantees may be required to submit documentation of expenditures reported. 4.3. All costs must be incurred within the grant period. All incurred costs should be calculated or determined before the final report is completed or returning funds. 4.4. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.5. Once final reporting has been completed funds may not be re-requested as funds may not be available. 4.6. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.7. This Grant Agreement includes advance payment. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5.Conditions of Payment. All services provided by the Grantee under this Grant Agreement must be performed to the Board’s satisfaction, as set forth in this Grant Agreement. Compliance will be determined at the sole discretion of the Board’s Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, Watershed Based Implementation Funding FY24-25 Policy, ordinances, rules, and regulations. The Grantee will not receive payment, may be required to repay grant funds, or may have future payments withheld if work is found by the Board to be unsatisfactory or performed in violation of federal, State, or local law. Costs charged to the grant must be direct and necessary to produce the outcomes funded by the grant. Charges to the grant must be itemized and documented. 6.Assignment, Amendments, Work Plan Revisions, and Waiver. 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. 6.2. Amendments and Work Plan Revisions. Any amendments to this Grant Agreement must be in writing and will not be effective until approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto. All work plan revisions must be documented. The Board reserves the right to require a work plan revision or grant agreement amendment for changes in the scope of the grant. 6.2.1. Board approval is required of work plan revisions on grants less than $50,000 if the cumulative budget adjustment is greater than $5,000; on grants $50,000 to $500,000 if the cumulative budget adjustment is greater than 10% of the total grant amount; on grants greater than $500,000 if the cumulative budget adjustment is greater than $50,000. Docusign Envelope ID: F2BF4009-3E18-45F1-9D6F-929D83359630 Page 3 of 5 6.2.2. An amendment to the Grant Agreement is required on grants less than $50,000 if the cumulative budget adjustment is equal to or greater than $20,000; on grants $50,000 to $500,000 if the cumulative budget adjustment is equal to or greater than 40% of the total grant amount; on grants greater than $500,000 if the cumulative budget adjustment is equal to or greater than $200,000. 6.2.3. Revisions that do not meet the thresholds identified in 6.2.1. or 6.2.2. are permitted without prior approval from the Board provided that such revision is documented and that the total obligation of the Board for all compensation and reimbursements to the Grantee shall not exceed the total grant award amount. 6.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7.Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this Grant Agreement. 8.State Audits. Under Minn. Stat. § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board’s designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9.Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Grant Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10.Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11.Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the Program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 12.Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 13.Termination. 13.1. The Board may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement, that reasonable progress has not been made or that the purposes for which the Docusign Envelope ID: F2BF4009-3E18-45F1-9D6F-929D83359630 Page 4 of 5 funds were granted have not been or will not be fulfilled. The Board may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 13.3. The Commissioner of Administration may immediately and unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes or is not in the best interest of the State. 14.Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 15.Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 16.Municipal Contracting Law. Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. 17.Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18.Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects. 19.Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Work includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United State Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. Docusign Envelope ID: F2BF4009-3E18-45F1-9D6F-929D83359630 Page 5 of 5 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: City of Richfield, on behalf of Richfield-Bloomington WMO Board of Water and Soil Resources / /sn2name/ By: _______________________________________ By: ____________________________________________ /sn1/ /sn2/ _______________________________________ ____________________________________________ (signature) (signature) /sn1title/ /sn2title/ Title: _______________________________________ Title: ____________________________________________ /dateSigned1/ /dateSigned2/ Date: _______________________________________ Date: ____________________________________________ Docusign Envelope ID: F2BF4009-3E18-45F1-9D6F-929D83359630 / By: _______________________________________ /sn1/ _______________________________________ (signature) /sn1title/ Title: _______________________________________ /dateSigned1/ Date: _______________________________________ RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A GRANT AGREEMENT AND ACCEPT GRANT FUNDS FROM THE BOARD OF WATER AND SOIL RESOURCES ON BEHALF OF THE RICHFIELD- BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION (RBWMO) WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield, Minnesota; and WHEREAS, the City Council of the City of Richfield and the City Council of the City of Bloomington make up the Board of Commissioners for the Richfield-Bloomington Watershed Management Organization (RBWMO); and WHEREAS, the Metropolitan Surface Water Management Act (Chapter 509, Laws of 1982, Minnesota Statute Section 103B.201 to 103B.255) establishes requirements for preparing watershed management plans within the Twin Cities Metropolitan Area; and WHEREAS, land area in both the City of Bloomington and the City of Richfield was not covered by a Watershed District or Water Management Organization, and on December 19, 1983, the cities established the RBWMO through a Joint Powers Agreement; and WHEREAS, each City funds improvements and maintenance within the RBWMO via existing storm water utilities; and WHEREAS, since each City addresses storm and surface water issues within its own jurisdiction on behalf of the RBWMO there is no official budget for the RBWMO; and WHEREAS, during its annual meeting on March 11, 2025, the RBWMO board approved a Work Plan, with modifications, which included a green infrastructure rain garden grant program and a fisheries/aquatic invasive species study; and WHEREAS, the Board of Water and Soil Resources (BWSR) has granted $69,644.00 of its grant funding to the RBWMO for a green infrastructure rain garden grant program and a fisheries/aquatic invasive species study; and WHEREAS, the City Council has determined that it is in the City’s best interests to accept these funds on behalf of the RBWMO to help implement its Work Plan; and WHEREAS, Minnesota statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution by a two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the Mayor and City Manager are hereby authorized and directed to take any and all actions required to enter into the grant agreement and accept the grant funds for and on behalf of the City and the RBWMO. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2025. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.G. STAFF REPORT NO. 71 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Scott Kulzer, Senior Analyst DEPARTMENT DIRECTOR REVIEW:Kristin Asher, Public Works Director 5/20/2025 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Consider approval of a resolution accepting the conveyance of real property located approximately east of Cedar Avenue South, west of Trunk Highway 77, south of 69th Street, and north of Diagonal Boulevard from the Minnesota Department of Transportation. EXECUTIVE SUMMARY: In 2000, the Minnesota Department of Transportation (MnDOT) undertook the Trunk Highway 77 and 66th Street Interchange Improvements Project (Project) in partnership with the Metropolitan Airports Commission (MAC) and the City of Richfield (City). As part of the Project, a series of land conveyances were undertaken between MnDOT and the City and MnDOT and MAC. One such conveyance was for the transfer of a piece of land bounded by Cedar Avenue South and Trunk Highway 77 between 69th Street and Diagonal Boulevard from MnDOT to the City, but the conveyance was never executed. City staff have recently began exploring the possibility of using this parcel of land for Public Works storage and staging activities and therefore need to officially accept the land conveyance from MnDOT to take ownership of the parcel. RECOMMENDED ACTION: By Motion: Approve the resolution accepting the conveyance of real property located approximately east of Cedar Avenue South, west of Trunk Highway 77, south of 69th Street, and north of Diagonal Boulevard from the Minnesota Department of Transportation. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT See executive summary. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS Strategic Considerations: Accepting the conveyance of land from MnDOT furthers strategic plan priority/outcome Sustainable Infrastructure - City Infrastructure Supports Service Needs by obtaining a piece of property that was committed to the City by MnDOT previously. The property is identified for a future Public Works storage and staging site which will improve service delivery for the whole department. Equity Considerations: None as it relates to the acceptance of this conveyance. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The property is being conveyed by MnDOT for public purposes as required by Minnesota Statutes, Section 161.44, subdivision 1. D.CRITICAL TIMING ISSUES: MnDOT's conveyance offer expires on October 3, 2025, and should be accepted as soon as possible to allow the City to take ownership of the property and begin planning for the future Public Works facility, programmed for 2026. E.FINANCIAL IMPACT: There is no cost to the City to accept this land conveyance. The City transferred property to MnDOT in ~2000 in a similar manner for right-of-way purposes as part of the Trunk Highway 77 and 66th Street Interchange Improvements Project. F.LEGAL CONSIDERATION: The City Attorney has reviewed the conveyance offer and other relevant information and will be available to answer questions. ALTERNATIVE RECOMMENDATION(S): None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type MnDOT Land Conveyance Resolution Resolution Letter MnDOT Land Conveyance Offer Letter Cover Memo MnDOT Land Conveyance Exhibit A - Legal Description Exhibit MnDOT Land Conveyance Exhibit B - Parcel Map Exhibit RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT PROPERTY CONVEYANCE NO. 2024-0038 FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) FOR A PARCEL OF LAND EAST OF CEDAR AVE S, WEST OF TRUNK HIGHWAY 77, SOUTH OF 69TH ST, AND NORTH OF DIAGONAL BLVD WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield; and WHEREAS, the City, a Minnesota municipal corporation acting by and through its City Council, is authorized by law to acquire land and other interests in real estate which are needed for public use or purpose; and WHEREAS, in 2000, the MnDOT undertook the Trunk Highway 77 and 66th Street Interchange Improvements Project in partnership with the Metropolitan Airports Commission (MAC) and the City of Richfield; and WHEREAS, as part of the project, a series of land conveyances were undertaken between MnDOT and the City of Richfield and MnDOT and MAC; and WHEREAS, one such conveyance was for the transfer of a piece of land bounded by Cedar Ave S and TH 77 between 69th St and Diagonal Blvd from MnDOT to the City, but the conveyance was never executed; and WHEREAS, the good faith efforts of employees and agents of the City and MnDOT has resulted in the formal conveyance offer for the property in question without need for further negotiations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby authorizes the Mayor and the City Manager to execute any and all agreements, contracts, and memorandums of understanding necessary to make effective MnDOT Land Conveyance No. 2024-0038 for the property legally described in Exhibit A and generally located between Cedar Ave S and TH 77 and between 69th St and Diagonal Blvd. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2025. Mary Supple, Mayor ATTEST: Michelle Friedrich, City Clerk 395 John Ireland Boulevard Saint Paul, MN 55155 An Equal Opportunity Employer Conveyance Offer Letter - Indemnity RC1019 4/1/2025 04/01/25 Sent via email to KAsher@richfieldmn.gov City of Richfield Kristin Asher – Public Works Director In reply refer to: C.S. 2758 (77=279) 901 Parcel 9 Hennepin County Conveyance No. 2024-0038 Ms. Asher, We are pleased to inform you that conditional approval has been obtained for the valuable consideration of the above-referenced real property as described in Exhibit “A” and shown in Exhibit “B” (the “Property”). The conveyance of the Property will be made pursuant to Minnesota Statutes §161.44 subd. 1, for public purposes at no charge. The State of Minnesota, Department of Transportation (“Grantor”) offers to convey the Property to City of Richfield (“Grantee”) in accordance with the following terms and conditions: 1. All current real estate taxes, existing or pending assessments, delinquent taxes, fees and penalties will be paid by Grantee. 2. Grantor makes no representations about the status of the title to the Property and is not obligated to correct any title defects. 3. This conveyance is subject to the following, which will be included in the deed issued to Grantee (the Grantee described below is one and the same as the Grantee described in this offer letter): a. Access control described in Exhibit “A” and shown in Exhibit “B”. b. The Property is conveyed for public purposes as required by Minnesota Statutes §161.44 subd. 1. c. The Property is subject to the rights of existing utilities, if any, as provided in Minnesota Statutes §161.45 subd. 3. d. The Grantee, by acceptance of this quitclaim deed, hereby covenants and agrees to retain the regional connection the existing trail provides under the limited use permit with Three Rivers Park District. Kristin Asher April 1, 2025 Page 2 Conveyance Offer Letter - Indemnity RC1019 4/1/2025 e. The Property is conveyed subject to the Grantee’s agreement as a covenant running with the land that: In the event facilities are constructed, maintained, or otherwise operated on the property described in this deed for a purpose for which a Grantor activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Grantee will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income-level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 4. The Property and all improvements, if any, are being conveyed as-is and where-is. This property is offered per memo of understanding dated April 5, 2000. 5. This offer is subject to receipt of acceptance on or before October 3, 2025. If such acceptance is not received on or before that date, this offer is null and void and of no further force and effect; and Grantor is released from any further obligation to Grantee and may negotiate with other parties for sale or other disposition of the Property. 6. Upon receipt of acceptance for the conveyance, Grantor will issue to Grantee a quitclaim deed using the legal description in Exhibit “A”. Grantee agrees that upon issuance of the quitclaim deed, the Grantor may record the deed in the Office of the County Recorder or Registrar of Titles as appropriate. Grantor will provide Grantee with the recorded deed within 15 days of the return of the deed from the County. 7. The Grantor may revoke this offer and cancel this conveyance in its discretion at any time before payment is received. The Grantor shall notify Grantee in writing of such revocation and cancellation. Upon cancellation, this offer is null and void and shall be of no further force and effect; and the Grantor is released from any further obligation to Grantee. For questions regarding this transaction, contact Brian Unbehaun at 651/788-0309, or brian.unbehaun@state.mn.us Kristin Asher April 1, 2025 Page 3 Conveyance Offer Letter - Indemnity RC1019 4/1/2025 Sincerely, Joseph D. Pignato, Director Office of Land Management Enclosures: Exhibits A & B BLANKDESCRIPTION Page 1 of 1 RLD1001 4/1/2025 April 1, 2025 2024-0038-2758 DESCRIPTION FOR CONVEYANCE Parcel 9 C.S. 2758 (77=279) 901 That part of Tract A described below: Tract A. The South Half of the Southwest Quarter of the Southwest Quarter of Section 25, Township 28 North, Range 24 West, Hennepin County, Minnesota, described as follows: Beginning 375.75 feet west of the northeast corner thereof; thence southwesterly to a point on the south line thereof, 258.23 feet east of the southwest corner thereof; thence west to the southwest corner thereof; thence north to the northwest corner thereof; thence east to the point of beginning; which lies westerly of a line run parallel with and distant 170 feet easterly of the following described line: Beginning at a point on the south line of Section 36, Township 28 North, Range 24 West, distant 74.5 feet east of the southwest corner thereof; thence run northerly, parallel with and distant 74.5 feet east of the west line of said Section 36 for 2619.6 feet; thence continue along the last described course for 1273.4 feet; thence deflect to the right 05 degrees 37 minutes for 873.98 feet; thence deflect to the left on a 00 degree 30 minute curve (delta angle 05 degrees 36 minutes) for 1120 feet; thence on tangent to said curve for 100 feet and there terminating; which lies easterly of a line run parallel with and distant 33 feet easterly of the west line of said Section 25, and westerly of the following described line: Beginning at the southwest corner of Lot 10, Block 4, RICH ACRES, according to the plat thereof on file and of record in the office of the County Recorder in and for said County, thence run southerly on the southerly extension of the west line of said Lot 10 for 225 feet; thence southwesterly to a point on the south line of said Tract A, distant 80 feet east of the southwest corner thereof and there terminating; containing 1.57 acres, more or less; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 77 from the lands herein conveyed. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.H. STAFF REPORT NO. 72 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Sam Crosby, Planner II DEPARTMENT DIRECTOR REVIEW:Melissa Poehlman, Community Development Director 5/21/2025 OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Consider a second reading and summary publication of an ordinance restricting short-term rentals. EXECUTIVE SUMMARY: The City’s current policy of regulating Short-Term Rentals (STRs) as rental housing allows operators to avoid many of the regulations placed on other similar businesses, and has led to complaints related to nuisance behavior and property maintenance, as well as concerns about the availability of housing stock. After two Council work sessions and a notable public outreach effort, the City Council has decided that prohibiting rental terms of less than one week unless the operator resides on site is sufficient to address most concerns. After internal discussion and a review of other cities’ requirements, staff have agreed that STRs should be administered as a Business License rather than a Rental Housing License. Consequently, staff has revised the previously presented ordinance to define the term “Short-Term Rental” and to specify that they: Must have a valid business license (will include an inspection). May not be for a term of less than one week unless the licensee resides on site and is present during the term. Must pay the Lodging Tax. Details of the Business Licensing process will be developed by Public Safety staff and presented this fall. Staff continues to recommend an implementation date of January 1, 2026; a mid-year transition creates additional work and confusion. RECOMMENDED ACTION: By motion: Approve a second reading of an ordinance restricting short-term rentals to no less than one week unless the licensee resides on site, and Approve a resolution authorizing summary publication of said ordinance. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The restriction of STRs was identified as a priority in 2024 as part of the policy proposal process. A first work session was held January 28, 2025. A second work session was held April 22, 2025. The first reading was approved on May 13, 2025. Staff’s recommendation for a one month restriction was reduced on a 3-2 vote to a one week restriction. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS One of the purposes of restricting STRs is to remove roadblocks to residents finding affordable housing options. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): The City’s current policy of regulating STRs as rental housing allows operators to avoid many of the regulations placed on other similar businesses: The MN Department of Health classifies STRs as a hotel or motel, and requires a lodging license, which requires inspection by the Fire Marshall. But the State Fire Marshall does not inspect these types of properties. Therefore, the MN Department of Health has been accepting housing rental licenses. The conversion of a property to a traditional hotel or motel would require accessibility improvements and minimum life safety standards such as exit signs and emergency lighting. A 3% lodging tax applies to all rentals of less than 30 days. The tax is voluntarily paid to the City of Richfield, and then remitted to the local tourism board (Visit Richfield), on a monthly basis. Very few STRs are currently paying this tax. Hotels and motels are only permitted in commercial and mixed use districts, and bed and breakfasts, while conditionally permitted in residential areas, require an on site operator. Classification rates for Pay 2025 property taxes for commercial property are 1.5-2.0% vs 1.25% for non-homestead residential. Hotels and motels also require a business license from the City. Finally, hotels, motels, and traditional bed and breakfasts are required to obtain a conditional use permit from the City. Current estimates indicate that there are approximately 100 STRs operating in Richfield. There are approximately 10,000 single- and two-family homes in the City, making this a small portion of the overall housing stock. However, the City’s Housing and Redevelopment Authority expends significant funds every year to support home ownership opportunities and to build and preserve larger living units for families. D.CRITICAL TIMING ISSUES: The ordinance has been drafted so that it doesn't take effect until January 1, 2026, allowing a seven- month grace period E.FINANCIAL IMPACT: While a restriction to no less than a 7 day duration may cause some STRs to go out of business, some may adjust to the new requirement and stay in business. F.LEGAL CONSIDERATION: A public hearing was not required, but in addition to the informal public opinion survey, the topic was widely publicized - to both the general public through various outlets, and targeted outreach specifically to rental property owners. The first reading was approved on May 13, 2025. ALTERNATIVE RECOMMENDATION(S): Approve the second reading of the ordinance with changes. Deny the second reading of the attached ordinance amendment, which would result in no changes to the current rental licensing regulations or operations. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type Draft Ordinance Amending Chapter 407 RE: Short Term Rentals Ordinance Summary Publication Resolution Resolution Letter Comments submitted to staff Backup Material BILL NO. _____ AN ORDINANCE AMENDING THE RICHFIELD BUILDING, HOUSING AND CONSTRUCTION REGULATIONS (CHAPTER IV OF THE MUNICIPAL CODE) TO LIMIT RENTALS TO NO LESS THAN ONE WEEK THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 407 of the Richfield Municipal Code “Inspection and Licensing of Apartment Houses and Rental Homes” Code is amended at Subsection 407.03 to read as follows: 407.03. - Definitions. For the purposes of this Section the terms defined herein have the following meanings: (a) "Apartment house" means a building containing three (3) or more dwelling units. (b) "Dwelling unit" means a room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by persons other than the owner of record regardless of familial relationship or whether rent or other compensation is paid to the owner. (c) "Rental home" means a one- or two-family dwelling which is occupied by persons other than the owner of record, except a parent, sibling or child of the owner of record, regardless of whether rent or other compensation is paid to the owner. (d) (Repealed, 2010-11)“Short-Term Rental” means a dwelling unit or accessory dwelling unit (as described in subsection 518.05) which is occupied for a term of less than one month by persons other than the owner of record, except a parent, sibling or child of the owner of record, regardless of whether rent or other compensation is paid to the owner. (e) "Housing maintenance code" means a Subsections 405.01 through 405.19 of this code and also means all other codes and regulations of the City pertaining to the occupancy and habitability of the licensed premises. (f) Unless a different meaning is intended from the context, all other definitions contained in Subsection 405.05, subdivisions 1—19 are incorporated in this Section by reference and made a part hereof. (g) "Owner" or "owner of record" shall have the meaning given in Subsection 105.01 Subd. 8, and shall also means, with respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises, or the legally constituted agent designated by the owner for such purposes. (h) Director ("director") means the Director of community development and also includes any individual designated by the Director of community development to carry out the duties and responsibilities assigned to the Director under this Chapter. Section 1 Subsection 407 of the Richfield Municipal Code “Inspection and Licensing of Apartment Houses and Rental Homes” Code is amended at Subsection 407.05 to read as follows: 407.05. - License required. (a) It is unlawful for any person who is an owner of an apartment house or an owner of a rental home to operate such apartment house or rental home without first having obtained a license under the provisions of this Section. There are two (2) types of licenses: regular and provisional. Provisional licenses are defined in Subsection 407.13. All references to licenses in this Section are references to regular licenses, unless otherwise stated. No license shall be required under this Section for Rental Homes which have currently valid licenses from either Hennepin County, or the Minnesota Department of Health permitting such occupancy. (b) It is unlawful for any person to operate a Short-Term Rental without having a valid business license per Chapter X - License and Permits; Procedures and Fees. No Short-Term Rental shall be for a term of less than one week unless the licensee resides on site and is present during the term. All Short-Term Rentals shall pay the Lodging Tax. Section 3 This ordinance is effective on January 1, 2026. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2025. ____________________ Mary B. Supple, Mayor ATTEST: ___________________________ Michelle Friedrich, City Clerk RESOLUTION NO. _____ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE MODIFYING THE MUNICIPAL CODE IN RELATION TO SHORT TERM RENTALS WHEREAS, the City has adopted the above-referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. 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. ________ AN ORDINANCE AMENDING THE RICHFIELD MUNICIPAL CODE RESTRICTING SHORT TERM RENTALS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance amendment creates a definition for the term Short-Term Rental (anything less than one month) and amends Chapter IV “Building, Housing and Construction Regulations” of the Municipal Code to specify that short term rentals:  Must have a valid business license, (will include an inspection).  May not be for a term of less than one week unless the licensee resides on site and is present during the term.  Must pay the Lodging Tax. Copies of the ordinance are available for public inspection in the City Clerk’s office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of May, 2025. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk From:Minnestay To:Samantha Crosby Subject:Follow Up on STR Ordinance Date:Friday, May 16, 2025 2:24:35 PM Dear Samantha Crosby, Thank you for listening to community feedback and revising the draft ordinance to allowbookings of seven days or more instead of the original 30-day minimum. That change shows a genuine willingness to balance neighborhood stability with practical lodgingoptions for residents and their guests. Lodging-Tax Recommendation Because the ordinance discussion highlighted taxes, I respectfully recommend that Richfield register its lodging tax with the Minnesota Department of Revenue, just asMinneapolis, St. Paul, Duluth, and many other cities have done. Platforms and professional managers already remit state sales and lodging taxes through that system;adding Richfield’s local tax there will ensure: Accurate, automated collection on every stay Transparent monthly reporting to the City Minimal administrative burden for both the City and hosts Safety & Accessibility Commitments Airbnb Safety Standards Professional managers like MINNeSTAY already meet or exceed Airbnb’s baseline safetychecklist, including: Smoke and CO detectors on every floor Fire extinguisher in the kitchen Clearly posted emergency exits and local contact numbers First-aid kit and 24/7 guest-support line We also install smart-home noise sensors and exterior cameras at entryways todeter nuisance parties. ADA Guidance for Small STRs Federal ADA Title III draws two clear lines that limit when small, older short-term-rental (“STR”) homes must meet the full architectural standards: Small, owner-occupied STRs (≤ 5 guest rooms). A rental home that has no more than fiverooms for rent and is the proprietor’s primary residence is not a “place of lodging” under 28 CFR § 36.104, so the ADA’s construction requirements do not apply. Buildings first occupied before January 26 1993. For pre-1993 structures—even if theyare places of lodging—the ADA requires only that owners remove architectural barriers when it is “readily achievable,” i.e., easy to do without much difficulty or expense (28CFR § 36.304). Full design compliance is triggered only when: ·the building is new construction (first occupied after Jan 26 1993) — 28 CFR § 36.401 (a)(1); or ·the owner undertakes a major alteration — 28 CFR § 36.402. In plain terms: o A resident-hosted STR with five rooms or fewer is outside ADA design mandates.o Older homes (pre-1993) must address barriers only when fixes are easy or when they remodel; otherwise, they are not obliged to retrofit to modern ADA standards.o Full ADA construction standards apply to new builds and future renovations, not to untouched existing residences. Closing With a 7-night minimum, an easy-to-administer lodging tax, annual licensing, andexisting safety protocols, Richfield can protect neighborhood peace and capture new revenue—without forcing homeowners or visitors to look outside our city limits. Thank you again for your thoughtful revisions and for considering these additionalsuggestions. I look forward to partnering with you on a fair, effective ordinance. With Gratitude, Lance Bondhus Email: Management@Minnestay.com www.Minnestay.com Schedule a Meeting Our guarantee to you: “If at any time you’re not experiencing a 5-Star Stay, let us know and we will make it right.” AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #5. STAFF REPORT NO. 73 CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW:Jay Henthorne, Director of Public Safety/Chief of Police OTHER DEPARTMENT REVIEW: CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/21/2025 ITEM FOR COUNCIL CONSIDERATION: Public hearing and consider the approval of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for MC Richfield LLC dba Dragon Pot , located at 9 66th Street East. EXECUTIVE SUMMARY: On April 21,2025, the City received the application materials for new On-Sale W ine and 3.2 Percent Malt Liquor licenses for MC Richfield LLC dba Dragon Pot, located at 9 66th Street East. All required information and documents have been received. All licensing fees have been paid. The Public Safety background investigation has been completed. There is nothing in the report that would cause the Public Safety Director to recommend denial of the requested licenses. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses for MC Richfield LLC dba Dragon Pot , located at 9 66th Street East. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT The applicant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are current. Proof of commercial and liquor liability insurance have been received showing Society Insurance as affording coverage. As a result of this being a new request for On-Sale Wine and 3.2 Percent Malt Liquor licenses, there is no need for an accountant's statement regarding food/alcohol ratio. As stated in the Executive Summary, the Public Safety Director has reviewed the background information and sees no basis for denial. On-Sale Wine and 3.2 Percent Malt Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance of On-Sale Wine and 3.2 Percent Malt Liquor licenses. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS C.POLICIES (resolutions, ordinances, regulations, statutes, exc): Richfield City Code Section 1202 requires owners of On-Sale Wine and 3.2 Percent Malt Liquor licensed establishments to comply with all the provisions of both City Code and State Statutes. D.CRITICAL TIMING ISSUES: There are no critical timing issues. E.FINANCIAL IMPACT: Licensing fees have been received. F.LEGAL CONSIDERATION: The requirements of Resolution No. 9511 must be met which outlines the discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owner of the establishment. The Notice of Public Hearing was published in the Richfield Sun Current on May 15, 2025. ALTERNATIVE RECOMMENDATION(S): The Council could deny the requested licenses, which would mean the current applicants would not be able to serve On-Sale Wine and 3.2 Percent Malt Liquor; however, Public Safety has found no basis to deny the license. Schedule the hearing for another date; however, this will delay the licensing process. PRINCIPAL PARTIES EXPECTED AT MEETING: Sheng Zheng - Owner AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #6. CITY COUNCIL MEETING 5/27/2025 REPORT PREPARED BY:Katie Rodriguez, City Manager DEPARTMENT DIRECTOR REVIEW:Katie Rodriguez, City Manager 5/23/2025 OTHER DEPARTMENT REVIEW:N/A CITY MANAGER REVIEW: Katie Rodriguez, City Manager 5/27/2025 ITEM FOR COUNCIL CONSIDERATION: Consider confirmation of the appointment of Jenell Brooks as Fire Chief/Fire Services Director for the City of Richfield effective June 12, 2025 EXECUTIVE SUMMARY: Staff conducted an external recruitment to fill the position of Fire Chief/Fire Services Director in anticipation of Mike Dobesh's retirement on June 12, 2025. The recruitment process was approved by the Civil Service Commission on April 8, and we received 9 applicants. Only two candidates met the minimum qualifications to proceed to the following steps that were scored by Human Resources: Preferred qualifications review Panel interview consisting of Edina's Fire Chief, Richfield's Police Chief, Richfield's Human Resources Manager and Local 1215 President Leadership assessment by Martin McAllister and interview with the City Manager The Civil Service approved the ranked list at their meeting this morning and Assistant Chief Jenell Brooks was #1 on the list. Ms. Brooks impressed at every step of the recruiting process, demonstrating deep commitment to the City and the Fire Department. She also demonstrated passion for the fire service and a vision for the department to succeed in the future. Finally, she knows that success depends on investing in our staff. She has 20 years experience in the fire service, and has served in every position in her 14 years with the Richfield Fire Department, including the last 4 years as Assistant Chief. RECOMMENDED ACTION: By motion: Confirm the appointment of Jenell Brooks as the Fire Chief/Fire Services Director for the City of Richfield. BASIS OF RECOMMENDATION: A.HISTORICAL CONTEXT Historical Context is contained in the Executive Summary. B.EQUITABLE OR STRATEGIC CONSIDERATIONS OR IMPACTS The process included questions focused on the City's equity and Strategic Plan priorities throughout the interview process. C.POLICIES (resolutions, ordinances, regulations, statutes, exc): According to Richfield City Charter Section 6.02 Powers and Duties of the City Manager, subsection 3, and under Richfield City Code Section 310.01 Subd. 3, Charter authority, appointment or removal of department heads shall be made final only upon a majority vote of the Council. D.CRITICAL TIMING ISSUES: Chief Mike Dobesh will retire on June 12, 2025 and appointing his successor as soon as possible allows for a smoother transition. E.FINANCIAL IMPACT: The 2025 budgets includes the funding necessary to provide for the salary and benefit contributions that are anticipated for this appointment. F.LEGAL CONSIDERATION: According to Richfield's City Code, the City Council must approve the selection of the new Fire Chief/Fire Services Director before they are appointed. ALTERNATIVE RECOMMENDATION(S): The Council can reject the candidate and direct the City Manager to undertake a new selection process. PRINCIPAL PARTIES EXPECTED AT MEETING: None