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HomeMy WebLinkAbout07.17.95 Council Packet AGENDA COUNCIL MEETING REGULAR JULY 17, 1995 7:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda) a. Certificate of Appreciation - Cindy Moody b. Presentation by Dakota County Commissioner Joe Harris 5. CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Approve Minutes - 7/5 (Regular) ; 7/10 (Special) b. Approve Agreement Extending Award Date - Prairie Waterway Phase II c. Approve Capital Outlay Request - Light Fixtures for City Owned Poles d. Approve Development Agreement Extension - Westview Townhomes e. Approve Development Agreement Extension - South Suburban 1st Addition f. Appreve-Beve-lopmerrt- -eemei -Extbivrr---Prnri2-Cteek-rgt—&-2Yit-Adtti-Cron PULL g. Approve Development Agreement Extension - Limerock Ridge h. Approve Development Agreement Extension - Akin Park 4th Addition i. ,Aiaiar-ove-sa -r€-Pi l4e Aker gtt ptrent---Oi-d-Steri-d-litas-te-tretri-C''tUT PULL j . Approve Capital Outlay Request - Recycling Containers k. Approve Payment/Accept Report - Sump Pump Program Phase III 1. Approve Compensation Plan - Compensation & Finance Committee Recommendation m. Approve Capital Outlay Request - Expenditure of Budgeted Auto Monies n. Adopt Resolution Amending R1-95 - Increase Yard Waste Sticker Rate o. Approve Personnel Plan - Solid Waste Transition p. Approve School/Conference Request - Police Department q. Approve Proposal for Architectural Services - City Hall Expansion r. Adopt Resolution Approving Application for MN Lawful Gambling Premise Permit s. Approve Agreement with State for City to Inspect CT Installation at Hospital t. ?p e f - Leri- tiert"Reertrest---angi..teeL ing--eumput-er SuE warer-andcrdware PULL u. Approve School/Conference Request - Arena Managers and Maintenance Conference v. Approve Loan with Met Council Wastewater Services - 1993 Flows w. Approve Payment of the Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7:30 P.M. - Consider Amending Zoning Ordinance - Relocated Structures b. 7:30 P.M. - Consider Preliminary Plat of Nelsen Hills Farm 4th Addition 7. PETITIONS, REQUESTS AND COMMUNICATIONS a. Parking Restrictions - Parkwood Reformed Presbyterian Church - Elm Street 8. ORDINANCES AND RESOLUTIONS a. Accept Various Easement Agreements - Southeast Sanitary Sewer/Prairie Waterway b. Acrost—Zrasa+luttorrAggroving-vse—at tttrst- tarxzmrts-Barrd far-Puraaa'sT—ar Rivez�i�tr�i^ep Mee�iea� iini-c�rp�9�xzt�i-9ttbtrri�rxxr-Metti�c-tr7-Eeirl-er PULL 9. UNFINISHED BUSINESS a. Prairie Waterway - Elm Street/TH #3 Branch Update 10. NEW BUSINESS a. Securing Rights of Way at "T" Intersection on Alleys 11. MISCELLANEOUS a. Discuss Rosebriar Apartments b. Update County Road 74 Drainage and Utility Feasibility Report 12. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS 13. UPCOMING MEETINGS 14. ADD ON 15. EXECUTIVE SESSION 16. ADJOURN FACSIMILE COVER PAGE To: Larry Thompson From: Time: 12:37:45 Date: 7117/95 Pages (including cover): 3 Larry, Please find attached to this cover sheet my comments related to tonight's meeting. I will be unavailable as I have indicated previously. I hope my Comments can be useful to the Mayor and Council. CHRISTOPHER M. GALLER 5275 ONE HUNDRED NINETIETH STREET FARMINGTON,MINNESOTA 55024 RESIDENCE(612)463-8477,OFFICE(612)452-6611 TO: MAYOR KUCHERA AND CITY COUNCIL DATE: July 17, 1995 RE: CITY COUNCIL MEETING'THDUGFI'I5 AND COMMENTS As I previously indicated, I am unable to attend this evenings meeting. Although my physical presence is missing,I just knew (ha,ha) you would be seeking my comments on a number of issues. Well want them ornot,here we go. . 51. - COMPENSATION COM1virfft E RECOMMENDATION: I strongly support the findings of this report. Jerry,Larry and I, (sounds like the three stooges)analyzed and evaluated every position within the city. Individually we ranked each position and submitted them to Wayne for compilation. Although we did not agree on each an every position,most rankings were very close. After we agreed an the position rankings,Department Heads reviewed the study and made verbal presentations to Jerry and I on why modifications should be made. We considered each and every potential change against the overall integrity of the study and approved the plan you find before you. Although some positions have increased,mostly because of a change in responsibility,most remain constant. Because of the contractual circumstances involving the City Administrators position,Jerry and I believe it is in the best interest of the city and the administrator, to re-negotiate his current contract instead of following the strict interpretations of the finding. Sq.-ARCHITECTURAL SERVICES:I support the city entering into a contract with CNH Architectural for the plans and renovations we discussed at our previously held special meeting. 5r. - GAMBLING PREMISE API''LICATION: I am disappointed to see that another Out-of-City organization will be benefiting from the pull tab funds being generated by the community. This in no way reflects on the organization utilizing the revenues. I wish a more local organization would have decided to sponsor the activity and thus keep the funds in town. 6a. AMENDING ZONING ORDINANCE: I concur with the actions of the Planning Commission and _ Development Committee. Reducing the costs and administrative regulations when an individual takes action on their property,is a position I strongly favor. 6b. NELSEN HILLS FARM 4TH: I agree with the reconuisendation to approve the plat with the noted changes, plus any changes and or modifications noted by the City Engineer or SWCt. The additional 7 acres of park land will benefit the residents and make good use of the property surronding the water tower. • 7a. - PARKWooD PARKING: Although the church does face difficulties with parking in the future, the problem of parking has existed since the church purchased this site. The church building has depended only in part upon Elm Street parking,all other parking took place on side streets or on the property of other owners. It should be recognized by the Council that when the work is completed on Elm Street in a few years, this problem will become more exacerbated. With the widening of Elm Street and the installation of turn lanes and lights, any traffic delays along this stretch of road will cause problems. Churches are being utilized on more than just Sundays. I have no problem with a short term drop-off type arrangement for Sunday mornings. My concern arises on week nights and other more heavily traveled time periods were additional congestion would impede local traffic flow. The church may want to consider a drop zone along the ally. This would provide them • with the needed time to assist members with health problems and allow for deliveries or pick-ups. The church could pave an area from 4 to 8 feet wide that would allow for this type of activity. The church could also add a back or side entry to the church to provide quick bad weather entry. 10a. - "T" INTERSECTION ACQUISITIONS: I agree with Tom's thinking related to the problems encountered on "T" intersections within the city. It would have been nice if the Council would have received an estimate of the actual damages paid to the residents, versus a blanket statement. This is so the public can realize the problem that the city encounters and why we are considering this request. 11a. - RosEBRIAR APARTMENTS: As I have indicated from the beginning of this proposed project, whether the city bonds for and pays for the clean-up now or later,the use of development fees is the best way to proceed. The city sloes,I believe,have a responsibility to clean-up the site if the city is liable for the actions that took plate. If the city took action that damaged the property owner, then the city is responsible for resolving the situation. The same as we are any other time. Bonding for the project is the only alternative when the city is required to clean the site. Pursuit of the development on the sight minimizes or eliminates the city taxpayers obligation to pay for the clean up. Many, if not most, of the current city residents did not contribute to the situation which currently exists. To have their property taxes increased for the clean-up activities of this site,when development fees could be used, would be a Council error in my opinion. I am unaware of any other method the city could use to clean this site other than bonding. By establishing a'I'1I' District, the City Council will be able to pay for the site clean-up without burdening Farmington Taxpayers. Well this concludes my comments. I hope you are able leave the meeting before sun rise. It appears by the size of the packet,that 10:05 should be the adjournment time. Sincerely, AGENDA REQUEST FORM Item No. 51 Lam'`' es_ Name: Wayne Henneke /��/ Department: Finance c Date: July 7, 1995 Meeting Date: July 17 , 1995 Category: Consent Subject: Approve Compensation Plan - Compensation & Finance Committees ' Recommendation Explanation: Reference MateriallResponsibilty Memo - Wayne Henneke Referred To: (Name) Department Department Heads W atpUt.46We41444411..• Signature AGENDA REQUEST FORM Item No. 5m Name: James Bell Department: Parks and Recreation Date: June 30 1995 aci Meeting Date: July 17, 1999 Category: Consent Subject: Approve Capital Outlay Request - Expenditure of Budgeted Auto Monies Explanation: Reference Material/Responsibilty Memo/Request - Jim Bell Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Jim Bell Parks and Recreation Joy Pellicci Parks and Recreation Don Hayes Parks and Recreation Signature Memo to: Mayor and Council Subject: Purchase of a lawn mower and pool restoration with vehicle money Date: July 5, 1995 At the Finance committee meeting on Wednesday, June 28, 1995, I discussed what to do about vehicles in the Parks and Recreation Department. I suggested that the old Police squad be assigned to the Director and the Administration vehicle be assigned to the Programmer. The Police no longer uses the Administration vehicle since obtaining a confiscated vehicle. The vehicle assigned to the Director is in need of some repair and $1000 of the budgeted vehicle money could be used for this repair. The Fire Department also requested this vehicle and it was agreed upon that they could use the Programmers vehicle at night if needed. The Parks Department is no longer able to keep up with the mowing and we have had to rent a mower. I suggested we purchase this mower with some of the money from the . budgeted vehicle dollars. The rent that we have paid is $1575. This will be subtracted from the purchase price of$9000. Our cost for the mower will be$7425 and is to be taken from the budgeted vehicle money. The remaining $11575 plus the irrigation money can now be used for pool restoration this fall. We have to do some repairs on the pool. Some complications have arisen which have to be taken care of this fall. I will submit a request and report to the council later. The Finance committee concurred with these recommendations and therefore I am requesting full council approval. James Bell Parks and Recreation Director cc: Larry Thompson Wayne Henneke Joy Pellicci Don Hayes REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT c)46.Q.V...S. DATE OF REQUEST "I ('SAS ITEM(S) TO BE PURCHASED %1' LAww> MDwc�R �..,.u� Stae* ..J'D '_T3Z.i4 AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 190As BUDGET: $ pi AMOUNT REMAINING AS OF DATE OF REQUEST : $ 95 QUOTATIONS RECEIVED: 1 . VENDOR ct,A.Soa DATE 7 /511 5 AMOUNT $alooc.cv0 2. VENDOR DATE AMOUNT $ gATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN BELOW COMMENTS : See 10,..-Kk Pte-bets-' > C.. ETCc2- . 9 ooze. -tea L.' 1 IA-is,oo Fnsw- ‘.)0 vie _c. ?i r.r.)teal Var— 1 I S19S DEPARTMENT HEAD SIGNATURE DATE FINANC�:E DIREC OR SIGNATURE AT TO: THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. /ii41,0/1 G OruRiolor CITY ADMINISTRATOR J DATE ACTION TAKEN BY THE COUNCIL ON THE / , DAY OF , 19jc5 ; PROV ( OT AP ROVED) FILE : CC : t REQUEST FOR BUDGET ADJUSTMENT 19.5_,s— CURRENT CURRENT ACCOUNT ; DESCRIPTIOIN ; ORIGINAL ADJUSTED ',UNENCUMBERED; THIS NEW NUMBER BUDGET BALANCE BALANCE , ADJUSTMENT BALANCE _LP_1_1.5.Lan.[,?y�yp7�' 1_4 ; fr /vol 6 o00 I I I ; , I I 'rt-i.a..•..o. o gig,: /0-y1Q-_c2(22_?2.2 SEE i Caia-E7,A4,:pF 03,...Z? i aagi-pYi — ivQ0 ;=L}051 I , 1 I Tom-- ;4-- //. - " -- 1 1 _ L 1 1 1 I 1 i 1 1 1 I 1 1 1 1 1 t 1 1 1 1 I 1 I I 1 1 1 1 1 - 1 1 I 1 I 1 1 1 I I i 1 I 1 1 t 1 1 1 1 1 1 i 1 1 ! 1 1 I 1 1 1 l 1 1 , 1 1 I I i 1 I I • , I 1 I I 1 - I 1 , I , I I 1 1 1 i I _ I 1 , 1 i I I i 1 I 1 I I I . 1 i 1 i i f ' 1 1 1 1 1 , 1 i 1 i I I i i 1 1 I . • Y.;)/-P--- z-z-1-1-ie-- SIGNATURE DATE APPROVED THIS 17 DAT OF , i.:)5 I i f r j;X R is a • * -`moo......-or-i w - .g_'•L- . J id,K 'r- iiii' 1 s% r*"."'------- ' trig'', 7'."":" ' r ; V '—'. . 14A'—'6""'''-',, i 41 11'All-Flex Grooming Mower 16 112'All-Flex Grooming Mower e f ALL-FLEX GROOMING MOWER SPECIFICATIONS 1 Model Number AFM40133 AFM40200 Cutting Width 11'-1"(3.38 m) 16'-6"(5.08 m) 1 Overall Width 11'-4 1/2"(3.47 m) 16'-9 1/2"(5.12 m) i Transport Height 6'(1.83 m) 8'-8"(2.64 m) Transport Width 7'(2.13 m) 8'with Lock Pins in Place(2.44 m) Overall Length 12'(3.66 m) 15'(4.57 m) t Transport Clearance 7 1/2"(190 mm) 8 1/2"(216 mm) $ Hitch Pull Type With Adjustable Clevis } Maximum Tractor Horsepower 45 Engine Horsepower(34 kw) I 70 Engine Horsepower(52 kw) ) Tractor Hydraulics Required 1 Set of Remote Outlets i. Splitter Gearbox 540 RPM,Beveled Gears,Cast Iron Housing,6 Spline Shaft i Main Input PTO CAT.III Constant Velocity U-Joint Cat.IV Section Gearboxes(3) 540 RPM,Beveled Gears,Cast Iron Housing,6 Spline Shaft , Section PTO(3) Cat.II w/Slip Clutch Cat.II w/Slip Clutch Four Way Input PTO N/A Cat.IV Cutting Height 1"to 5 1/2"In 1/4"Increments(25 mm to 140 mm in 6.4 mm increments) Belts One Per Deck,B-Section,Kelvar Reinforced Blade Spindle Housing 4-Bolt Casting,1 3/8"(34.9 mm)Spindles With Sealed Ball Bearings . Blade Spindle Greasing Accessible Without Removing Guards i Blades 3 Per Deck Med.-Lift,1/4"x 2 1/2"x 16 3/4"Opt.Low&High Low-Lift,5/16"x 2 1/2"x 25"Opt.Med.& . (6 mm x 60 mm x 425 mm) (8 mm x 60 mm x 635 mm) Blade Overlap 1 3/16"(30 mm) 1 1/2"(38 mm) Discharge Rear Rear r Deck Overlap 6 3/16"(157 mm) 8"(203 mm) Blade Tip Speed 16,260 Feet Per Minute(4956 m/min.) 18,000 Feet Per Minute(5486 m/min.) Deck Construction 10 Gauge(3.4 mm) 3/16"(4.8 mm) Transport Tires(2) 18"x 9.5"-8 Hi Flotation with Sealant 23"x 10.50"-12 Hi Flotation with Sealant Transport Hubs 4-Bolt Hubs and Tapered Bearings 5-Bolt Hubs and Tapered Bearings Deck Tires(10) 4"x 10"-3.5 Air Tires,Sealant,Roller Bearings 13"x 5.00"-6 Air Tires,Sealant,Roller Bearings Wing Cylinders 2 1/2"x 12"Dual Acting(63.5 mm x 304.8 mm) 3"x 8"Dual Acting(76.2 mm x 208.2 mm) Center Deck Cylinder 2"x 8"Dual Acting(50.8 mm x 208.2 mm) 2"x 8"Dual Acting(50.8 mm x 208.2 mm) 4 Wing Flexing 23°Left-to-Right 22°Front-to-Back 23°Left-to-Right 10°Front-to-Back Center Deck Flexing 13°Front-to-Back 10°Left-to-Right 10°Front-to-Back Storage Screw Jack Tow Safety Chain 10,000 lbs Rating(4545 kg) Weight 1,740 lbs(791 kg) 3,200 lbs 0455 kg) • Models shown may or may not include options. Design and specifications subject to change without notice. *Cat.III on 133;Cat.IV on 200 '"8 ea.on 133;10 ea.on 200 CARLS©N t I RACTOIF1 &COMP. Co. ' ROSEMOUNT, MN 1 (612) 423-2222 ' r ADiuisionof (800) 6424441 LAND PRIDE - TURF Great Plains Box 218,Asssaria,KS 67416cturing Inc. (913)667-4755 • FAX(913)667-2055 Printed in U.S.A. BAC 13518/8/94 i • I f Golf courses,school districts,parks, Three 48"decks have Clean cut with 6'deck overlap prevents uncut estates and businesses are ideally slip clutches to 16,260 feet/mincite strips witlT deck positioned close suited for the 11'All-Flex Finishing protect gearboxes. tip speed. to_td he wing decks. Mower.A zero turn radius mower t with a 6 inch deck overlap will not -' '= 'x 7r F . • �, ri , � „.'�• - Automatic transport leave skis.This excellent contour p - M . " locks released from hugging machineis built to last. - �� � tractor. Increase- - r ductivi bycutting9.4 w.,146.;-41`.,......„,„1 ,_":71r-.7,,,,± cres per hour at PH.You can T . " �.�E r � „ rely on trouble-free m wing from !► � the experts at Land Pri rMeets all ANSI :-fir, P _ -,-.1,1-,-,.. safety standards. � J 31— QQ rte �g �' �e� .. `' . 3 { Tdrib Foam sealant Cange deck height with spacer collars ^/�tl'MODEL in all tires. 1'1'to5-1/2"in l/4"increments.Nylon �` l— wear bushings are standard. ...fx.,:„,..-,A r.„ . � R " Ii4 t• Z.*.k ' t +tr - ♦.� .Y ;..�„r . . bar a,,--Z.:-.-1,4-„r,::'+. y -.,ac ,j - & �� 'ate' F�c.7-7:�t I/ , .' 4. ' -Z,Nbt - _ c yam[ '.. Low deck pivot eliminates skip between front and rear deck. Anti scalp rollers on nose and trailing edges on decks. r ; Ira zsparlZ b Inset t pins alter -`Auitaltiatically lode ` decks die1(115`..'1 when raised,-Bull �.:� l rope to release._ tai t—� rtfci i FS ..WamLW r ����ng N it . ::„.„-----',"..----„,...---4-k-- . x _ t w." ,,•Zai jF3;r1'ti: -'t ;.�� , .,. ....--,,„ ,irl.ki,(17.„,-,t‘ pi. 7,4 ,.v:---:..,,,f„,,,---„_---- -,--- 1 - ‘21.111°Ilit!_,„„...---,- '-' -; ‘", .04- Y _ u '+� Ste - 'v- .y,r AFM40200-16-1/2' AFM40133-11' Narrow transport width-16-1/2'Model folds to a narrow Zero turn cutting radius with constant velocity u joint 6'8"and the 11'Model folds to a narrow 5'6".Decks are on PTO. easy to work on in transport position. AGENDA REQUEST FORM Item No. 5n Name: Wayne Henneke V" Department: Finance -- Ne-C� Date: July 7, 1995 Meeting Date: July 17 , 1995 Category: Consent Subject: Adopt Resolution Amending R1-95 - Increase Yard Waste Sticker Rate Explanation: A rate increase is needed to fund the per bag solid waste assessment being charged by the State. The law was signed by the Governor on May 3, 1/1 995 and retroactive to January 1 , 1995. Reference Material/Responsibilty Memo/Resolution - Wayne Henneke Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Lena Larson Public Works Ben Klotz Puhlir Works Arvilla Neff Finance W lapte.4944014144, Signature Memo to: Mayor& Council Date July 10, 1995 Re Approve rate increase- Yard Waste Stickers Citizens must purchase a yard waste sticker to adhere to each bag of yard waste. Without the sticker it will not be picked up for disposal. At the present time the City charges $1.00 per sticker. A change was made to the Solid Waste Assessment Law by the 1995 Minnesota Legislature. The solid waste assessment per bag or sticker is 3 cents. It is recommended to increase the City's charge for a yard waste sticker from $1.00 to $1.05. The extra 2 cents per sticker will be used to help offset the administrative cost of complying with the new law /dCz E.-9i,L,L4A_Q_ Wayne E. Henneke Finance Director c.c. Larry Thompson, City Administrator Tom Kaldunski, Public Works Director Benno Klotz,Solid Waste Supervisor Lena Larson, Public Works Administrative Assistant Arvilla Neff, Accounting Clerk file MINNESOTA Department of Revenue Special Taxes Division Mail Station 3331 St. Paul, MN 55146-3331 Phone (612) 297-1882 Fax(612)297-1939 Toll Free (612) 657-3618 June 6, 1995 FARMINGTON CITY OF SOLID WASTE FUND 325 OAK ST FARMINGTON MN 550241358 TO: Mixed Municipal Solid Waste Haulers and Municipalities A change made to the Solid Waste Assessment Law by the 1995 Minnesota Legislature may affect you. A hauler or municipality that uses specific collection bags or stickers may pay the solid waste assessment per bag or sticker or you may develop a method and have it approved by the Commissioner of Revenue that will allow you to remit the equivalent of $2.00 annually per residence. This change was signed by the Governor on May 3, 1995 and was effective retroactively to January 1, 1995. The solid waste assessment per bag or sticker is 3 cents per 35 gallon unit or less. If the hauler or municipality sells the bags or stickers to the residential customers or provides the bags or stickers to a retail vendor to sell, the hauler or municipality must remit the assessment to the Department of Revenue. Report the 3 cent assessment on Line 210 on the Minnesota Sales Tax Return until further notice. If you choose to pay the $2.00 per residence, you must submit a written request detailing the method that will average $2.00 per residence. Use this method only if you have a definite customer list or number of residences located in a municipality. Report the annual $2.00 assessment on Line 106 on the Minnesota Sales Tax Return. Please contact Marilyn Sheffield or Terry Dwyer at the telephone numbers listed above if you have any questions. An equal opportunity employer TDD:(612)297-2196 PROPOSED RESOLUTION NO. R Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of July, 1995 at 7: 00 P.M. . Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the State of Minnesota adopted a change to the Solid Waste Assessment Law which requires that haulers or municipalities which use specific collection bags or_. sticker must pay a per bag assessment or develop a method to collect the equivalent of $2. 00 per residence annually; and WHEREAS, the City of Farmington currently charges $1.00 per sticker for each yard waste bag; and WHEREAS, Resolution No. R1-95 adopted by the Farmington City Council, establishes fees and charges for various City services. NOW, THEREFORE, BE IT RESOLVED that Resolution No. R1-95 is hereby amended by increasing the rate charged for Yard Waste Stickers from $1 . 00 each to $1. 05 each. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of July, 1995. Mayor Attested to the day of , 1995. SEAL Clerk/Administrator AGENDA REQUEST FORM Item No. Sq Kms- u Name: Larry Thompson 6, ` '"� t 1. Department: Administration /�`� Date: June 28, 1995 7/ �""'Jul 17 , 1995Ei:;,,,,,, 2�'"Meeting Date: Y Category: Consent ���:.�r-� & ' " S�" # _' f , - Subject: Approve Proposal for Architectural Services - City Hai - xpansion Explanation: CNH Architects - per discus P ion during June 26th special s-A---. Council meeting. 1.�-' c P Reference Material/Responsibilty Proposal/Recommendation - Larry Thompson Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Karen Fi ristuen Admi ni Gtrati cin ita4y. Wie-nre'r------- Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: CITY HALL REMODELING DATE: AUGUST 25, 1995 Attached is a drawing and schematic design cost estimate for the City Hall Remodeling project. I believe that most of the councils concerns have been addressed with this latest version by leaving the majority of the administrative/finance space as is and by enlarging the Council Chambers. I will take this plan to the Finance Committee unless you prefer the full council address it. Please let me know if you prefer the full council and I will set a date for a workshop. If you have any questions or concerns please let me know. Karen Finstuen Administrative Assistant kf cc: Larry Thompson Department Heads File AUG-25-1995 14:25 CNH ARCHITECTS 1 612.431 3883 P.01/01 r RRAQ „©Tom CM NALL CNIFArchitects FAISOLOTCOig ice. 7300 W�t4 th STR O�A 55124� G&M'4- NO.: 9450 L, MI2) 43i NESOTA 33 55 PATE: 8/b/95 ILII • 0 Post-it'Fax Note 7671 Ds .,�♦ • J FMR. • L. IIIMMInallill F R iiiin1-ice 11/11111/1111111111 FPhax -r9; 1i , on u 111Th IR I='11 � I. •iI ='no = ! !' 1 asAli I � I ' . 14 " a -11. •Ir I iw w is 70 1 Y BY 9rin -vimPato ai 5F6.. •II a s r .rsom -.4616..A.A dam re:4-i , * lut:GF 1 1 Y • 1 c ---- '•• 00 PR MR.• • I — - ,RM. Se lV RM. ; nnr. 0 0 0 i .....k,z.ta ' NNE Mil r,-ER / 151 SfOR ♦ W . �ai ;: . I ♦ M "i: 0 W / O -f 0 j I muli II 1 P & R Q. G 5 RFLP II ❑CJt71:30=1 �- r 0000=1 Aii alike ir • -. s, s D® I a-6rrY .1D. ' 0 1LOOR PLAN r. - moo• TOTAL P.01 AUG-25-1995 10 04 CNH ARCHITECTS 1 612 431 3883 P.01/01 Post-it' Fax Note 7671 oate(06 ` ii. 1 To From UV �C,olm1�UY/Y CNHArchltects c � Phone*^ bo. �Yc� Cording•Natwick•Fiilbert Architects, Inc. Phone# 7300 W. 147th Street,Suite 504 Fax# Fax* St.Paul, MN 55124-7580 (612)431-4433 August 24, 1995 Farmington City Hall Cost Estimate The following is a schematic design cost estimate for the Farmington City Hall Remodeling Scheme dated 8/16/95 which is attached. POLICE AREA: 68,000 1,600 sq.ft. ®$30.00 48,000 Extended vestibule 10,000 Furniture allowance 10,000 2 work stations, work counter and miscellaneous D, OLD LIBRARY SPACE 149,000 3,300 sq. ft. @$25.00 83,000 Remodel bathrooms to meet ADA 20,000 Furniture allowance 40,000 14 work stations,reception counter, misc. chairs and files Canopy and Entrance 6,000 COUNCIL CHAMBERS 139,000 700 sq. ft. addition @$110.00 77,000 700 sq.ft. remodeling @$60.00 42,000 Furniture allowance 20,000 Council table and misc. chairs NEW RECEPTION and MODIFY ADMINISTRATION 38,000 c..c . —Demolition and New Walls 25,000 Reception/counter 10,000 Expansion of bathrooms Future • H.C.Ramp/Landscaping 3,000 TOTAL $394,000 H.topprzcsrarym. TOTAL P.01 Memo to: Mayor and Council Subject: Proposal for Architectural Services - City Hall Expansion Date: July 11, 1995 Attached,please find a copy of a Proposal for Architectural Services from CNH relating to the City Hall expansion. The proposal is similar to the agreement between the HRA and CNH for the Library renovation(see attached.) It should be clarified that the fee for Phase 1 should be the "Hourly rate per current rates not to exceed a total of$3,000, . . ." It is recommended that the proposal be accepted. Dave Grannis and I will work out the remaining details of the agreement, and bring it back for final approval of the Council. 171 9414, e 9741.1 Larry Thompson City Administrator ljt cc: Department Heads Dave Grannis Wayne Hilbert file Memo to: Mayor& Council Date July 13, 1995 Re Architectural Services - City Hall Expansion-Funding • It is the recommendation of the Finance Department the funding of up to $3,000 for architectural services be funded out of the Space Needs Fund. Currently, allowing for the 1995 transfers into the Space Needs Fund,the balance of the Fund is $18,861. Wayne E. Henneke Finance Director c.c. Larry Thompson, City Administrator file CNH•Architects Cording•Natwick•Hilbert Architects, Inc. 7300 W. 147th Street,Suite 504 St.Paul, MN 55124-7580 (612)431-4433111°G ctri°F June 22, 1995 d a t Ms Karen Finstuen Farmington City Hall 325 Oak St Farmington, MN 55024 PROPOSAL FOR ARCHITECTURAL SERVICES PROJECT: Farmington City Hall Remodeling COMM. No.: 9540 CLIENT: City of Farmington DESCRIPTION: Facility review and basic architectural/engineering services for the remodeling of the Farmington City Hall. The full extent of work to be defined at a later date after city review of options. SERVICES PROVIDED: Our services will include the basic architectural / engineering services as defined by the AIA Owner/Architect agreement, B141. This includes: • Existing building systems review. • Schematic design options for review. • Design development drawings for review. • Two presentations to the city council. • Construction documents. • Assistance in bidding the project. • Project administration • Bi-weekly site reviews during construction. Fee/Contract: We propose the above work in two phases for the following fee: Phase 1: Much of this work in developing a schematic floor plan has been done as part of the Needs Assessment Study. Additional work under this phase would include assembling a conceptual cost estimates for discussion, meetings with staff and council to choose a phased , approach to the remodeling project,minor revisions to the floor plan, and preliminary review of the existing mechanical syste . per ( ta.creyvt nates :,'Fee: Hourly ratelnot to ex ,,-,c000 00 1 s scan and reimbursables for printing, mileage, and postage. The hourly fee will start aslune 26, 1995. Phase 2: Final design,construction documents and construction administration for the approved design approach for the remodeling of the City Hall. Fee: Fixed fee based on the approved budget for the remodeling time 8.5 percent, plus standard reimbursables. It is assume a AIA B141 contract will be signed for this project. Schedule: It is our understanding that a schedule has not been established. When a schedule is established, we will work to maintain the established schedule. We appreciate your using us for this work and look forward to proceeding with the project. Sincerely, ,� � �� 't1 4 Wa . G Hil.ert, AIA C 4.t- is Accepted by: cc: File Signature: Name: Title: Date: H:\9450\ARCHPRO.TXT THE• AMERICAN INSTITUTE OF ARCHITECTS 411-11$ 11$114 • AIA Document B141 Standard Form of Agreement Between Owner and Architect • 1987 EDITION • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the first (1st) day of October • in the year of Nineteen Hundred and ninety-two. BETWEEN the Owner: Farmington Housing and Redevelopment Authority (Name and address) Farmington, MN 55024 • and the Architect: Cording-Natwick-Hilbert Architects, Inc. (Name and address) 7300 W. 147th St., Suite 504 Apple Valley, MN 55124-7580 For the following Project: • (Include detailed description of Project, location, address and scop.) Remodeling of an existing facility into a library and area for retail space. The existing property is "Erickson Grocery Store", located on the south west corner of Spruce Street and 3rd Street, Farmington, Minnesota. The Owner and Architect agree as set forth below. Copyright 1917.1926, 1948,1951,1953, 1958, 1961, 1963. 1966, 1967,1970,1974,1977,01987 by The American Institute of Architects, 1735 New York Avenue,N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT 5141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA' •®1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W,WASHINGTON,D.C.20006 8141-1987 1 • • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents' consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural,strut- tural. mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner,the 2.4.1 Based on the approved Design Development Docu Architect shall submit for the Owner's approval a schedule for mems and any further adjustments in the scope or quality of the performance of the Architect's services which may he the Project or in the construction budget authorized by the adjusted as the' Project proceeds,and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifics approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construe the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not,except for reasonable cause,be exceeded 2.4.2 The Architect shall assist the Owner in the preparation of by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. • 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- • cated by changes in requirements or general market conditions. SCOPE OF ARCHITECT'S BASIC SERVICES 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal strut- 2.5 BIDDING OR NEGOTIATION PHASE tural, mechanical and electrical engineering services. 2.5.1 The Architect, following the Owner's approval of the. 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost,shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE—ADMINISTRATION 2.2.2 The Architect shall provide a preliminary evaluation of OF THE CONSTRUCTION CONTRACT the Owner's program, schedule and construction budget requirements,each in terms of the other,subject to the limits• 2.6.1 The Architect's responsibility to provide Basic Services tions set forth in Subparagraph 5.2.1. for the Construction Phaseunder this Agreement commences with the award of the Contract for Construction and terminates 2.2.3 The Architect shall review with the Owner alternative at the earlier of the issuance to the Owner of the final Certificate approaches to design and construction of the Project. for Payment or 60 days after the date of Substantial Completion 2.2.4 Based'on the mutually agreed-upon program, schedule of the Work,unless extended under the terms of Subparagraph and construction budget requirements, the Architect shall 10.3.3• prepare, for approval by the Owner, Schematic Design Docu- 2,6.2 The Architect shall provide administration of the Con merits consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AlA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction,current as of the date of this Agreement,unless estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the •2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted,modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably • and any adjustments authorized'by the Owner in the program, withheld. AIA DOCUMENT 0141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• •(51987 • THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W.,v1ASI IINGTON.13 C.20006 8141-1987 2 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work,(2)reviewed construction means,meth- and consult with the Owner(1)during construction until final ods,techniques,sequences or procedures,(3)reviewed copies payment to the Contractor is due,and(2)as an Additional Scr- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction.The the Contractor's right to payment or(4)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will be in accor- merits, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the Work. On rise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (.'lore extensive site representation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means,methods, and the design concept expressed in the Contract Documents. techniques,sequences or procedures,or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the.Work, since these are promptness as to cause no delay in the Work or in the con- solely the Contractor's responsibility under the Contract for struction of the Owner or of separate contractors,while allow- Construction. The Architect shall not be responsible for the ing sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in accor permit adequate review. Review of such submittals is not con dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and'com- have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities Or tor, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized,the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect.Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the Architect. of materials,systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such 2.6.9 Based on the Architect's observations and evaluations of certification to establish that the materials, systems or equip- - the Contractor's Applications for Payment, the Architect shall ment will meet the performance criteria required by the Con- review and certify the amounts due the Contractor. tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2,6,13 The Architect shall prepare Change Orders and Com tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pa}- Subparagraphs 3.1.1 and 3.3.3, for the Owners approval and ment,that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that,to the best of the Architect's knowledge,information and may authorize minor changes in the Work not involving an belief, quality of the Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections,to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related. that the Contractor is entitled to payment in the amount cervi- documents required by the Contract Documents and assem- fled. However, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay- not be a representation that the Architect has(I)made exhaus- ment upon compliance with the requirements of the Contract tive or continuous on-site inspections to check the quality or Documents, AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA° •01987 3 0141-1987 TIIE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- corning performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall be • 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci• documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously to either,and shall not be liable for results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj Owner ect budget; 2.6.17 The 111143 163x s decisions on matters relating to aesthe- . tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes,laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.18 The Architect shall render written decisions within a documents; or reasonable time on all claims,disputes or other matters in quos- .3 due to changes required as a result of the Owner's tail- tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. tion or progress of the Work as provided in the. Contract Documents. 3.3.2 Providing services required because of significant 2.6.19 The Architect's decisions on claims, disputes or other changes in the Project including,but not limited to,size,yual matters, including those in question between the Owner and Ity, complexity, the Owner's schedule,or the method of bid- Contractor,except for those relating to aesthetic effect as pro- ding or negotiating and contracting for construction,except:for vided in Subparagraph 2.6.17,shall be subject to arbitration as services required under Subparagraph 5.2.5. provided in this Agreement and in the Comm( Documents. 3.3.3 Preparing Drawings, Specifications and other dtcumen- ' tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. • ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement,in damaged by fire or other cause during construction, and fur addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to cum- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required,the Architect shall have no ohli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services: arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential . 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding,nego[ia described in Subparagraph 2.6.5 is required,the Architect shall tion or construction prior to the completion of the Construe provide one or more Project Representatives to assist in carrytion Documents Phase. ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected,employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreedby the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or cam- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141.1987 4 • 3.4.4 Providing special surveys. environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect,the Owner shall furnish evi- and equipment. dence that financial arrangements have been made to fulfill the 3.4.8 Providing services to investigate existing conditions or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owners behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner s own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction • performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site.The struction manager or separate consultants retained by the surveys and legal information Shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed reside- 3.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimer- material,equipment and labor. Bions and necessary data pertaining to existing buildings,other 3.4.12 Providing analyses of owning and operating costs. improvements and trees;and information concerning available utility services and lines, both public and private,above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths.All the information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. ' or installation of furniture, furnishings and related equipment. • 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. ' neers when such services are requested by the Architect.Such 3.4.15 Making investigations, inventories of materials or equip services may include but are not limited to test borings, test ment,or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests,including necessary operations for anticipating sub- ing significant changes in the Work made during construction` soil conditions, with reports and appropriate professional based on marked-up prints,drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or cants when such services are reasonably required by the scope systems such as testing,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. 4.7 The Owner shall furnish structural, mechanical,chemical. air and water pollution tests, tests for hazardous materials,and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections,and final Certificate for Payment,or in the absence of a final Cer- reports required by law or the Contract Documents. • tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other than archi counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering por- Project, including auditing services the Owner may require to tions of the Project provided as a part of Basic Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice: 4.9 Thc services,information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule,constraints and cri- submitted to the Architect for review and approval at least 14 teria, including spate requirements and relationships, f exi- days prior to execution.The Owner shall not request cenifica- bi ity, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this.Agreement. MA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA. •01987 5 8141.198T THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W.,WASHINGTON.D.C.20006 • • ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3;or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION • required to!educe the.Construction Cost. 5.1.1 The Construction Cost shall be the total cost or esti 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, • Con- mated cost to the Owner of all elements of the Project designed the Architect,without additional charge,shall modify the Cun or specified by the Architect. tract Documents as nccossary to comply with the fixed limit,if established as a condition of this Agreement:The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of hisamatenunnalashowskualiwksignamtali responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect,plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. • ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants,the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- See Section 12.1 • sibility of the Owner as provided in Article 4. 1.1x213CIZSIMDCZNMERTIZmamixativemainotazomax 52 $ESPONSIBIUTY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of t Architect's service for use solely with respect to this Pro' cc 5.2.1 Evaluations of the Owner's Project budget,preliminary and,unless otherwise provided,the Architect shall be d ed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all commo law, struction Cost,if any,prepared by the Architect,represent the statutory and other reserved rights, including the co• right. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,includi,: repro- the construction industry. It is recognized, however, that net- ducible copies,of the Architect's Drawings,Specifi ions and ther the Architect nor the Owner has control over the cost of . other documents for information and reference in onncction labor, materials or equipment, over the Contractor's methods with the Owners use and occupancy of the Proje• The Arch'- : of determining bid prices,or over competitive bidding,market sect's Drawings,Specifications or other docum shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects, or additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project •y others,unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default un• r this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with a propriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of doc.ments to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for simila purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be constru • as publication in deroga- been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rig,ts. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment,com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in AR CLE 7 the scope of the Project and to include in the Contract Docu- AR'ITRATION meats alternate bids to adjust the Construction Cost to the fixed limit.Fixed limits,if any,shall be increased in the amount of an 7.1 Claims disputes or •ther matters in question between the increase in the Contract Sum occurring after execution of the parties to this Agreem t arising out of or relating to this Agree- Contract for Construction. ment or breach thcr •f shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tr'ation in accord= with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the • erican Arbitration Association currently in Documents to the Owner,any Project budget or fixed limit of effect unless the •artier mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand •r arbitration shall be filed in writing with the general level of prices in the construction industry between the other party t this Agreement and with the American Arbitn date of submission of the Construction Documents to the tion Assoc' ion.A demand for arbitration shall be made within Owner and the date on which proposals are sought. a rasona•e time after the claim,dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question arisen.In no event shall the demand for arbitration vided in Subparagraph 5.2.3)is exceeded by the lowest bona be mai after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: p .•ings based on such claim,-dispute or other matter in .1 give written approval of an increase in such fixed ques •n would be barred by the applicable statutes of limitations. limit • 7. No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project s•all include,by consolidation,joinder or in any other manner, within a reasonable time; 1011 0239k XIOCD01tJt"FUER(OC7CNa07axsuct ioxig 4t7[At70K. AIA DOCUMENT 1141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA• •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 6 • this Agreement signed by the Owner,Architect,and any er Additional Services earned to date i &nation person or entity sought to be joined. Consent to •itration occurs during the Design Dev -. ent Phase;or involving an additional person or entity shall -•t constitute .3 Five percent oft •01 compensation for Basic and consent to arbitration of any claim,disput .r other matter in Additio - rviccs earned to date if termination question not described in the written • nt or with a person or entity not named or described • rein.The foregoing agree- ment to arbitrate and other ! ments to arbitrate'with an • additional person or enti •my consented to by the parties to ARTICLE 9 this Agreement shall , specifically enforceable in accordance with applicable • in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 Th • d rendered by the arbitrator or arbitrators shall be d judgment may be entered upon it in accordance with 9.1 Unless otherwise provided; this Agreement shall be gov- teeoX--- erred by the law of the ffutrt samara State of Minnesota. 9.2 .Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AlA Document A201, General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to-this Agreement 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days'written notice should the other party accrued and the applicable statutes of limitations shall corn- fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Corn- Agreement through no fault of the parry initiating the termination. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. When the Project is resumed,the Architect's compensation shall be equi- 9.4 The Owner and Architect waive all rights against each tably adjusted to provide for expenses incurred in the interrup- other and against the contractors, consultants, agents and tion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AlA Document A20I,General Conditions event that the Project is permanently abandoned.If the Project , of the Contract for Construction,current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement.The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners,succes- ' nonperformance and cause for termination. sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither Owner nor 8,5 If the Owner fails to make payment when due the Arch i- Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the other. days'written notice to the Owner,suspend performance of ser- as amended vices under this Agreement. Unless payment in full is received 9.6 This Agreement/represents the entire and integrated agree by the Architect within seven days of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspension of services,the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrac- 8.8. In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination,together with Reimbursable Expenses then due. x xlt leo �c� c$ 9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the lla K22111»saxxxa cep ns •I.I -• discovery,presence;handling,removal or disposal of or expo Basic and Additional Services,and include expenses w•• are sure of persons to hazardous materials in any form at the Project directly attributable to termination.Terminatio • nses shall site, including but nut limited to asbestos, asbestos products, be computed as a percentage of the to ompensation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Scrvi • med to the time of ter- mination, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the - .1 Twent •-cent of the total compensation for Basic exterior and interior, among the Architect's promotional and • •ditional Services earned to date if termination professional materials. The Architect's materials shall not occurs before or during the predesign,site analysis,or include the Owner's confidential or proprietary information if -- the Owner has previously advised the Architect in writing of AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA' •01987 7 8141.1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An,initial payment as set forth in Paragraph 11.1 is the motional materials for the Project. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable,shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service,on the basis set forth in Subparagraph 11.2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any scr- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2• the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed,compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent services are per- and benefits. formed on those portions,in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2,based on(I)the lowest bona fide hid or negotiated proposal,or(2)if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- received,the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost forsuch pot- incurred by the Architect and Architect's employees and con- tions of the Project. , sultants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses: SERVICES 10.2.1.1 Expense of transportation in, connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized'out-of-town , Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for recur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings,Specifications and other documents. See Section 12.2 10.2.1.3 If authorized in advance by the Owner, expense of 10.5.1 tsadt lohsitiocirotatafemsxbxxhaxkligxf;!mat ker overtime work requiring higher than regular rates. xoaxsexitlxbeititkonmangROIXX klaltrIbO aQ ISRIFIVRIt1 i:: 10.2.1.4 Expense of renderings,models and mock-ups requestedX XbICt `7 ilk trAl#I6.kR 0§0 Rht1 le by the Owner. xxciwxatAmldsalattltiatoodttottex!fable:• .. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the 10.6.1 Records of Reimbursable Expenses and expenses per- Owner in excess of that normally carried by the Architect and raining to Additional Services and services performed on the Architect's consultants. basis of a multiple of Direct Personnel Expense shall be abail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 • BASIS OF COMPENSATION The Owner shall comPensate the Architect as follows: 11.1 AN INITIAL PAYMENT of None required. Dollars(S 0- ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2,and any other services included in Article 12 as part of Basic Services,Basic Compensation shaft be computed as follows (Insert basis of compensation. including stipulated sums, multiples or percentages.and identify phases to which particular methods of compensation apply.if necessary.) 8.5% (eight point five percent) of the construction cost, not to exceed $50,000.00. The owner endeavors to maintain the project costs under $600,000.00. MA DOCUMENT 5141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA• •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 8 • 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services In each phase shall total the following percentages of the total Bask Compensatkm payable: (inure adddaional phases as arpmpriate.) • t Schematic Design Phase: Phase I ten percent(10% ) Design Development Phase. Phase II ten percent(10% ) Construction Documents Phase: Phase III fifty—five percent(55% ) Bidding or Negotiation Phase: Phase IV five percent(05% ) Construction Phase: Phase V twenty percent(20% ) - Total Basic Compensation: one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described In Paragraph 3.2,compensation shall be corn- puted as follows: Hourly based on our current rates. Any and all additional services shall be approved by both parties in writing prior to the, providing of said services. • 11.3.2 FOR ADDITIONAL. SERVICES OF THE ARCHITECT, as described In Articles 3 and 12, other than(I)Additional Project Representation,as described in Paragraph 3.2,and(2)services included In Article 12 as part of Additional Services,but excluding ser- vices of consultants,compensation shall be computed as follows: (/nerd balls ey evmperrtaMon,.including rates make multiples of Ulre&t Personnel Expense for I'rtnctpals and employees,and identify Principals and classify rrnrh.taN• t/required Identify,'perge am frit M phi h parncutne mrth,irlt r f Cn nrerteneSm Orin If nrrr'tarS Hourly based on our current rates. • 11.3.3 FOR ADDITIONAL. SERVICES OF CONSULTANTS, Including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or Identified In Article 12 as part of Additional Services, a multiple of one point one f iv. 1.15)times the amounts billed to the Architect for such services. (ldenttf),'specific f)pes of comedians In Article 12, If Ktpdred.J 11,1 REIMBURSABLE EXPENSES—There shall be no reimbursable expenses excepting costs incurred in the :ocess gf this with said not exceed CO.& to itemoaedcit ut - 11. FOR REIMBURSABLE EXPENSES, scribediin Paragraph T0.2,an any otlTcr items included in Article 12 Reim rsa Expenses,a multiple of one point zero ( 160 )times the expenses Incurred by the Architect,the Architect's employees and consultants In the Interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES:covered by this Agreement have not been completed within eighteen months ( 18 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payment' are due and payable thtrty ( 30 ) days from the date of the Architect's invoke. Amounts tmpald • sixty ( 60 )days alter the invoke date shall bear Interest at the rate entered below,of in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. , (Mart rete ri infeeest agree!upon.) 1.57, per month (►.!Jury/aui and requirements under the federal Truth In tending Act,similar slats and local consumer credit tarry and other revelations at lbs(honer'and ARM. tree's prirrcg'al places a/business,the location of the Prim,and elsewhere may effed the twlld/tr if this pnnistan.Spece/Ic legal advice should be obtained Web, rrrpnr to boons or mndtflcatMns,and also regarding requirements such at gratin dlschnures or waiters.) AIA DOCUMENT 6111 I UWNER•ARCIIITECT AGREEMENT• FOURTEENTH EDITION•AIA • It9e1 9 0141-19117 THE AMERICAN INSTITUTE OP ARCHITECTS.1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 • 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 • OTHER CONDITIONS OR SERVICES' (Insert descriptkms ttf other ten'lces identify Additional Services included*thin Basic Compensation and modification to the payment and compensation terms include!In this Agreement.) Todays rates are listed below. If the length of this contract extends beyond twelve • (12) months, these rates will be adjusted annually to keep up with inflation. Principal $75.00 S. Architect $70.00 Architect III $60.00 Architect II $55.00 Architect I $50.00 Draftsperson $40.00 Clerical $30.00 Reimbursable rates: Blueprints $1.50 ea. Photocopies .20 ea. Long distance at cost , Postage/shipping at cost Mileage .28 mi.. Fax $ 2.50 *** See remainder of Article 12 and Appendix attached hereto as Exhibit"A". • • • This Agreement entered Into as of the day and year first written above. OWNER Farrington Housing and Redelopment ARCHITECT: Cording-Natwick-Hilbert AuthorityArchitects, Inc. / A LI (Signature) (Sigtuitu i; fil • Ca-led/ SER E. /054 ,C).(0,1 EX.so.c) Wayne G. Hilbert, Vice President (Printed name and title) (Printed name and title) AIA DOCUMENT 8141•OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,I735 NEW YORK,AVENUE.N.W.,WASHINGTON.D.C.20006 0141.1987 10 ARTICLE 12 OTHER CONDITIONS OR SERVICES 12.1 OWNERSHIP AND USE OF DOCUMENTS Drawings and specifications as instruments of service are the property of both the Owner and Architect whether the Project for which they are made is executed or not. The Architect shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with the Owner's use and occupancy of the Project. The drawings and specifications shall not be used by either party on other projects, except by agreement in writing and with appropriate compensation to the Owner or the Architect as the situation warrants. 12.2 RETAINAGE The Owner may retain.up to five percent (5%) of total fee due Architect to ensure timely completion of Architect's duties. Any and all retainage will be paid to Architect in full, without interest, upon issuance of a certificate of occupancy or substantial completion if no certificate of occupancy is required. 12.3 NOTICES TO PARTIES Any notices required herein shall be effective of mailed to the respective parties, postage prepaid at the following addresses: For Owner: Housing and Redevelopment Authority of the City of Farmington, Minnesota C/0 CITY HALL 325 OAK ST FARMINGTON MN 55024 For Architect: 12.4 The Architect agrees that it will at all times during the term of this Agreement, have and keep in force, at its expense, automobile liability insurance and professional liability insurance covering any injury caused by any act or omission on the part of the Architect in the Performance of or with relation to any of the work or services provided to be performed- or furnished by the Architect under the terms of this Agreement, in the following amounts: See Appendix A for insurance requirements 12.5 Architect shall provide site evaluations and site plans as well as all_ interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment as part of the Basic Services of the Architect defined in Article 2, above. 12.6 Except for consultants identified in Architect's proposal dated , Architect shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract or assignment, without the prior written consent of the Owner. 12.7 For the purposes of this Agreement, the Architect shall be deemed to be independent consultant, and not an employee of the . Owner. Any and all agents, servants, or employees- of the Architect or other persons, while engaged in the performance of any services required to be performed by the Architect under the terms of this Agreement, shall not be considered employees of the Owner, and any and all claims that may or might arise on behalf of the Architect, its consultants, agents, servants 'or employees as a consequence of any negligent act or omission on the part of the Architect or its consultants, agents, servants, employees or other persons shall in no way be the obligation or responsibility of the Owner. It is hereby acknowledged by the parties that the Owner will not be responsible to the Architect for any and all benefits provided by Architect to its employees including but not limited to vacation, = sick leave, Workers' Compensation and Unemployment Compensation. 12.8 Both parties hereto understand and agree as follows: Owner is presently applying for a Grant to make possible the purchase and remodeling of the subject building and that, as part of the Grant Application, Phase I and II drawings must accompany the Grant Application. Therefore, Phases I and II shall be completed by - December 15, 1992. Further, that' after application for said Grant is made, several contingencies must be satisfied before title to the subject property may be transferred to Owner and renovation of the subject property may occur. Therefor: 1. In the event the Grant is not obtained or the contingencies not fulfilled this Agreement shall be deemed completed upon completion of Phase II. Architect shall be paid for Phase I and II within thirty (30) days of completion and the cost in respect thereto shall not exceed $8,500.00. 2. In the event the Grant is obtained and contingencies fulfilled it is understood that an undetermined time delay shall exist between the completion of Phase II and the start-up of Phase III. The costs and inconvenience in respect thereto to be born by the respective parties without claim or reimbursement one against the other and that upon notification by owner that Phase III through V shall be completed, Architect shall have thirty (30) days to begin performance of remainder of Agreement. • 12.9 Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. . 12.10 The Architect agrees to comply with all Federal, State and local laws, ordinances, rules, regulations and executive order pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 12.11 The Architect further agrees to comply to the best of its professional ability with all Federal, State and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now in effect insofar as they relate to the Architect's performance of the provisions of this Agreement. It shall be the obligation of the Architect to make suitable arrangements for obtaining all permits and/or licenses required by any governmental agency for the provision of the services contemplated herein. 12.12 The Architect will make recommendations to Owner on matters relating to artistic effect. The Owner, or designated agent, shall make the final decision on matters relating to artistic effect in a timely fashion to avoid unreasonable delay in the progress of the Architect's services. 12.13 This Agreement is intended to serve the interests and to benefit the Owner and Architect only and shall not be enforceable by or on behalf of any other party. 12.14 This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. • • APPENDIX A - CONTRACT INSURANCE STANDARDS A. HOLD HARMLESS AND INDEMNIFICATION To the fullest extent permitted by law, Architect agrees. to defend and save the Owner harmless from any claims, demands, actions, or causes of action arising out of any act or omissioh on the part of the Architect or its agents, servants or employees in the performance of or with relation to any of the work or services provided, to be performed or furnished by the Architect under the terms of this Agreement. B. ARCHITECT'S INSURANCE Architect agrees to provide and maintain at all times during the term of this Contract which shall be from inception until final acceptance of all .Conditions, such insurance coveragesas are set forth in this section, and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon the indemnity provisions above. The provisions of this section shall also apply to all Subcontractors, and Independent Contractors engaged by Architect with respect to this Contract, and Architect shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. It is specifically understood and agreed that Architect shall not commence work under this Contract, nor shall Architect allow any Subcontractor or Independent Architect for whose participation in the Project Architect is responsible to commence work under this Contract until all insurance required by Architect or such other party under the Contract Documents is in effect, and satisfatory evidence thereof is provided to Owner , as set forth below. 1. Workers' Compensation. Workers' Compensation insurance `in compliance with all applicable statutes. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. 2 . General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title) , providing coverage on an "occurrence, " rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract) , and Independent Contractors liability. Such coverage may be provided under an equivalent policy form (or forms) , so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services . Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Such policy(ies) shall name • Owner , its officers, employees and agents as Additional Insureds thereunder, and shall apply on a primary basis with - respect to any similar insurance maintained by owner . Insurance of Owner - : , if any, shall apply excess of Architect's insurance and not contribute therewith. Architect agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,000, 000, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability Policy, or equivalent policy, or by such Policy in combination with the limits afforded by an Umbrella or Excess Liability Policy (or policies) ; provided, that the coverage afforded under any- such Umbrella or Excess Liability Policy is at least as broadasthat afforded by the underlying Commercial General Liability Policy (or equivalent underlying policy) , andfurther, that Such policy(ies) shall name owner _ , its officers, employees and agents as Additional Insureds thereunder. Such Comprehensive General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability Policy provides coverage from the point that such aggregate limits in the underlying Comprehensive General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability, Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible,' or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause Architect's total deductible or retention for each occurrence to exceed the amount shown in the provision immediately below. Architect's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the Architect to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount shall not exceed $10, 000 each occurrence. 3 . ' Professional Liability. Professional Liability (Errors and omissions) Insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $500,000 per claim and aggregate. Coverage under such policy may be • subject to a deductible, not to exceed $25, 000 per occurrence. Architect agrees to maintain such insurance, if available, for at least three (3) years from Contract termination. • •- It is understood that such Professional Liability Insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for Owner . hereunder. Architect therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of Owner 's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoiding impairment of - Owner: 's protection. Architect further agrees that it will, throughout :the three (3) year period of required coverage, immediately: (a) advise Awn e r of any intended or pending. change of any Professional Liability insurers or policy. forms, and . provide . owner with all pertinent information that owner may reasonably request to determine compliance with this section; and (b) immediately advise Owner of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of Owner. 3 . Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Architect in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $500;000 per accident, which total limits may be satisfied by the limits afforded undersuch policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability Policy(ies) ; provided, that the coverage afforded under any such Umbrella or Excess Liability Policy (ies) shall be at least as broad with respect to such business automobile liability insurance as that afforded by the underlying policy. Such policy, and, if applicable, such Umbrella or Excess Liability Policy(ies.) , shall include Owner . , its officers, employees and agents` as Additional Insureds thereunder. Unless included within the scope of Architect's Commercial' General Liability Policy, such Business Automobile Liability Policy shall also include •coverage for motor vehicle liability assumed under contract. Architect's primary Automobile Policy shall also include Personal Injury Protection coverage, and Uninsured and Underinsured Motorist coverages, applying to, all owned, nonowned and hired' vehicles utilized in connection with the • Project, with limits in at least such amounts as are in compliance with Minnesota law. . 1 4 . Additional Insurance. Owner shall, at any time during the period of the Contract, have the right to require that Architect secure any additional insurance, or. additional feature to existing insurance, as Owner may reasonably require for the protection of their interests or those of the public. In such event Architect shall proceed with due diligence to make every good faith effort topromptly comply with such additional requirement(s) . In the event that such insurance requires additional premium to be paid by Architect, owner shall reimburse the Architect for the cost of all such additional premium costs. 5 . Evidence of Insurance. Architect shall promptly provide Owner with evidence that the insurance coverage required hereunder. is in full force and effect prior to commencement of any work. At least 10 days prior to. termination of any such coverage, Architect shall provide Owner with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the Owner Certificate of Insurance, or in such other form as Owner may reasonably request, and shall contain sufficient information . to allow owner to determine whether there is compliance with these provisions. At the request of owner, Architect shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so requested, Insurer-certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the Insurer provide at least 30 day notice to r Owner prior to theeffective date of policy cancellation, _ nonrenewal, or material adverse change: in coverage terms. On Certificate of Insurance, Architect's insurance agent shall certify that he/she has Error and Omissions coverage. 6. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to Owner Such acceptance by Owner shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other • instances, Owner shall have 15 business days from ' the date of receipt of Architect's evidence of insurance to advise Architect in writing of any insurer that is not acceptable to Owner . • If Owner' doesnot respond in writing within such 15 day period, Architect's insurer(s) shall be deemed to be acceptable to Owner . 7 . Noncompliance. In the event of the failure of Architect to maintain such insuranceand/or to furnish satisfactory evidence thereof as required herein, Owner shall have the right to purchase such insurance on behalf of Architect, which agrees to provide all necessary and appropriate information therefore and to pay the cost thereof to Owner immediately upon presentation of invoice. 8 . Loss Information. At the request of Owner Architect shall promptly furnish loss information concerning all liability claims brought against Architect (or any other Insured under Architect's required policies) , that may affect the amount of liability insurance available for the benefit and protection of Owner under this section Such loss information shall include suchspecifics and be in such form as Owner may reasonably require. 9 . Release and Waiver. Architect agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Architect. Architect hereby releases Owner , its officers, employees, agents, and others acting on their behalf, from all claims, and all liability or responsibility to Architect, and to anyone claiming through or under Architect, by way of subrogation or otherwise, for any loss of or damage to Architect's business or property caused by , fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of Owner .or other party who is to be released by the terms hereof, or 'by anyone for whom such party may be responsible. Architect understands and agrees that it is solely responsible for determining whether the Release and Waiver under this section could impair any of its rights under its property policy(ies) , and further, that it is solely responsible for effecting any revision(s) to permit such policy(ies) as may be necessary to permit such Release and Waiver. , e AGENDA REQUEST FORM Item No. 7a Name: Larry Thompson V 1 Department: Administration ._. Date: June 26 , 1995 Jul 17 , 1995 / Meeting Date: Y � �` Category: Petitions, Requests and Communications��',� Subject: Parking Restrictions - Parkwood Reformed Presbyterian P'e m Street Explanation: Request to remove parking rpstri ct i nng nr crP P 7(1 mi=tin loading zone for the church. Reference MateriaUResponsibilty Referred To: (Name) Department Development Committee Signature 104 Elm Street, Farmington, Minnesota 55024 Telephone 612/463-7117 D411Akilb Presbyterian Church in America .ARKWIDD REFORMED PRESBYTERIAN Thomas Stein, Jr., Pastor Cf1Y OF FARMINGTON JUN 2 6 1995 UU7 !E June 17, 1995 • City Council City of Farmington Farmington,MN 55024 Re: Modification to Parking Restriction or Creation of a Loading Zone Dear Council members: The city has recently designated the area of Elm Street in front of Parkwood Reformed Presbyterian Church (Parkwood) a no parking zone. This change effectively eliminated the church's parking. Since Parkwood has no off street parking of its own, members of our congregation are now forced to park in lots owned by area businesses. We have no way to control the willingness of these property owners in allowing us to make use of their parking areas. We would prefer to have the parking restriction lifted, particularly on Sundays. Should this not be possible, the church would like to request a"loading zone"be designated immediately in front the church building. This "loading zone" could have a time restriction of 20 minutes. A time limit of this length should adequately afford an opportunity to assist people in an out of church and facilitate delivery service. Given the circumstances we believe this request is necessary and reasonable. The "loading zone" would accommodate our members who have health problems. It would also be useful to people making deliveries and picking up items at the church. As always we are willing to meet with the council and discuss this issue further. Your prompt attention and consideration to this matter is greatly appreciated. Sincerely, The Stated Session Parkwood Reformed Presbyterian Church Tom Stein ✓ Ken Shh of 4-Ay- Vern Sinkey John Willems June 26, 1995 Thomas Stein, Jr., Pastor Parkwood Reformed Presbyterian 104 Elm, St. Farmington, MN 55024 RE: Parking Restriction- Elm St. Dear Pastor Stein, Thank you for your letter requesting the City Council lift the parking restriction on Elm St. east of First St. or establishing a 20 minute loading zone in front of the church. The request has been forwarded to the Chief of Police and City Engineer for their recommendations. Due the timing of the request,there is insufficient time to prepare a recommendation for the July 5, 1995 Council meeting. Therefore, the item has been place on the July 17, 1995 Council Agenda. The meeting will be held at 7:00 PM at City Hall, and I anticipate your request will be one of the first items addressed. If you have any questions,please do not hesitate to contact me. Very truly yours, Larry Thompson City Administrator ljt cc: Mayor and Council Dan Siebenaler, Chief of Police Tom Kaldunski, City Engineer Development Committee file Memo to: Dan Siebenaler, Tom Kaldunski Subject: Parking Restrictions Request- Parkwood Reformed Presbyterian Date: June 26, 1995 Attached,please find a copy of a letter from Parkwood Reformed Presbyterian relating to changing the parking restrictions on Elm St. east of First St. Please review the request and be prepared to offer your recommendations at the July 17, 1995 Council meeting. Please place on the Development Committee Agenda if you deem necessary. If you have any questions, please contact me. Larry Thompson City Administrator ljt cc: Mayor and Council Development Committee file AGENDA REQUEST FORM Item No. llb PAC244(2- Name: Larry Thompson Department: Administration Date: July 7, 1995 Meeting Date: July 17, 1995 4*v"' Category: Miscellaneous Subject: County Road 74 Drainage and Utility Feasibility Report Update Explanation: Receive preliminary report Reference MateriaUResponsibilty To be presented verbally with supporting documentation presented at the meeting. Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Signature