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2020.10.06 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: October 2, 2020 City Council Meeting Schedule Tuesday, October 6, 2020 Time Meeting Location 5:30 – 6:20 p.m. Night to Unite City-wide Drive Thru See Route Map 7:00 p.m. City Council Meeting Council Chambers/Zoom Immediately following the City Council meeting Economic Development Authority Meeting Council Chambers/Zoom Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. In accordance with the requirements of Minnesota Statutes, Section 13D.021, Mayor Jim Adams of Crystal has determined that, due to the outbreak of COVID-10 (otherwise known as “Coronavirus”) it may not be practical for members of the public to attend an in-person meeting. Members of the public may monitor the meeting by a scheduled Zoom meeting. Topic: Crystal City Council and Crystal Economic Development Authority Meetings Time: Oct 6, 2020 07:00 PM Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/81583126985?pwd=NjVDUG9iMHVPQkhTZ1lUaHpjVk13UT09 Meeting ID: 815 8312 6985 Passcode: 414141 One tap mobile +13126266799,,81583126985# US (Chicago) +19292056099,,81583126985# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Germantown) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 815 8312 6985 Find your local number: https://us02web.zoom.us/u/kd0f3QH9qD Route and Timeline for October 6, 2020 – Night To Unite City Vehicle Parade Location Approximate Time of Arrival Winnetka/35th Ave 5:30 pm (START) Wisconsin/34th Ave 5:31 pm 33rd Ave/Xylon Ave 5:31 pm Xylon Ave/32nd Ave 5:32 pm 32nd Ave/Winnetka Ave 5:34 pm 32nd Ave/Louisiana 5:35 pm 32nd Ave/Hampshire 5:36 pm 32nd Ave/Yates Ave 5:37 pm Yates Ave/34th Ave 5:38 pm Yates Ave/36th Ave 5:39 pm 36th Ave/Welcome Ave 5:40 pm 36th Ave/Regent Ave 5:41 pm Regent Ave/35th Ave 5:42 pm 35th Ave/Noble Ave 5:42 pm 35th Ave/Lee Ave 5:43 pm 36th Ave/Lee Ave 5:44 pm 36th Ave/Xenia Ave 5:45 pm Xenia Ave/38th Ave 5:46 pm 38th Ave/Douglas Dr 5:48 pm 38th Ave/Hampshire Ave 5:49 pm Hampshire Ave/40th Ave 5:50 pm Hampshire Ave/42nd Ave 5:50 pm Hampshire Ave/43rd Ave 5:51 pm Hampshire Ave/47th Ave 5:52 pm Hampshire Ave/50th Ave 5:53 pm 50th Ave/Douglas Dr 5:54 pm Douglas Dr/53rd Ave 5:54 pm 53rd Ave/Louisiana Ave 5:56 pm 54th Ave/Maryland Ave 5:57 pm Maryland Ave/Bass Lk Rd 5:58 pm Nevada Ave/58th Ave 5:59 pm Nevada Ave/59th Ave 5:59 pm 59th Ave/Elmhurst Ave 6:02 pm Elmhurst Ave/Bass Lk Rd 6:03 pm Bass Lk Rd/Vera Cruz 6:04 pm Bass Lk Rd/Regent Ave 6:05 pm Regent Ave/58th Ave 6:06 pm 58th Ave/Twin Lk Terrace 6:07 pm Orchard Ave/Wilshire Ave 6:08 pm Wilshire Blvd/Scott Ave 6:09 pm Wilshire Blvd/County Rd 81 6:11 pm County Rd 81/51st Ave 6:12 pm 51st Ave/Quail Ave 6:13 pm Quail Ave/49th Ave 6:14 pm Regent Ave/47th Ave 6:15 pm 47th Ave/W. Broadway 6:16 pm W. Broadway/Welcome Ave 6:16 pm 48th Ave/Yates Ave 6:17 pm 47th Ave/Zane Ave 6:17 pm 45th Ave/Adair Ave 6:18 pm Adair Ave/42nd Ave 6:20 pm (END) Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: October 2, 2020 City Council Meeting Agenda Tuesday, October 6, 2020 7 p.m. Council Chambers/Zoom Meeting The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda. 3. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The City Council work session on September 10, 2020. b. The City Council work session on September 15, 2020. c. The City Council meeting on September 15, 2020. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 3.3 Acceptance of resignation of Roycie Earvin from the Environmental Quality Commission. 4. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas). Page 2 of 3 5. Public Hearing 5.1 The Mayor will open a public hearing to receive comment, and the Council will consider a resolution approving the assessment roll for the 2020 Utility Reconstruction Private Sanitary Sewer Service Repairs. As part of this year’s utility reconstruction project, residents had the opportunity to make private sanitary sewer service repairs. Several homeowners took advantage of this and have the option of using special assessments to pay for the work. After hearing a brief presentation from Public Works Director Mark Ray, the City Council should take any comments. After the public hearing, recommend approval of the resolution adopting the assessment roll for the 2020 Utility Reconstruction Private Sanitary Sewer Service repairs. 6. Regular Agenda 6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2 The Council will consider a resolution authorizing the purchase of a replacement pump at the South lift station. The pump at the South lift station needs replacement; recommend approval of the purchase of this replacement pump. 6.3 The Council will take public comments on the preliminary 2021 – 2022 budget and levies. At the September 1 Council consideration of the preliminary 2021 budget and levies, the budget schedule includes time for public comment on the budget prior to the December 1 Truth in Taxation hearing. Finance Director Jean McGann will provide a brief overview of the 2021 budget before the Council takes any public comment. 6.4 The Council will consider a resolution approving the contract with Kraus Anderson for professional services (construction management) for the new Police Department building. Due to the complexity of the new police building, staff is recommending including a construction manager to the project team to assist with gathering and analyzing quality, competitive bids and assist with implementing Wold Architect’s design and plans. The cost of the construction manager is included within the overall project budget. Recommend approval of the resolution authorizing the contract with Kraus Anderson for these construction management services. Page 3 of 3 6.5 The Council will consider a resolution adopting 2021-2030 affordable and life-cycle housing goals to continue participation in Metropolitan Council’s Livable Communities program. In 1995 the Legislature adopted the Metropolitan Livable Communities Act to create incentive programs to help the Metropolitan Council achieve regional goals regarding development and redevelopment. Crystal has participated in the Livable Communities program since that time. To continue participating in the program and be eligible for any of the incentive programs, Crystal needs to adopt an updated resolution with new goals for 2021 – 2030. The goals in the resolution reflect those in the updated Crystal Comprehensive Plan. Recommend approval of the resolution adopting 2021 – 2030 housing goals to continue participation in the Metropolitan Council’s Livable Communities Program. 7. Announcements a. The next City Council meeting is Tuesday, October 20, at 7 p.m. in the Council Chambers at City Hall. b. Absentee voting continues at City Hall, 8:00 a.m. – 4:30 p.m., Monday – Friday. c. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment *Denotes no supporting information included in the packet. Have a great weekend! See you at Tuesday’s meeting. Crystal City Council work session minutes September 10, 2020 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:46 p.m. on September 10, 2020 electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance for City Council members and staff: Council members present in the Council Chambers at City Hall: Adams, Banks, Budziszewski, Kiser, and Parsons. Council members Deshler and LaRoche present via Zoom. City staff present in the Council Chambers at City Hall: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, Police Chief S. Revering, and Community Development Director J. Sutter. Also present in the Council Chambers at City Hall: Jason Rentmeester from Kraus-Anderson Construction and Joel Dunning from Wold Architects and Engineers. II.Agenda The Council and staff discussed the follo wing items: 1.Update on police station project. 2.Inclusiveness – race and equity. 3.Discuss proposed statement of principles for Blue Line Extension alignment review. III.Adjournment The work session adjourned at 8:24 p.m. ________________________________ Jim Adams, Mayor ATTEST: Anne Norris, City Manager 3.1(a) Crystal City Council work session minutes September 15, 2020 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:32 p.m. on September 15, 2020 electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present in the Council Chambers at City Hall: Adams, Budziszewski, Deshler, Kiser, and LaRoche. Absent: Banks and Parsons. City staff present in the Council Chambers at City Hall: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney T. Gilchrist, Police Chief S. Revering, Deputy City Clerk K. Jones, and City Clerk C. Serres. II.Agenda The Council and staff discussed the follo wing item: 1.Administrative penalties for tobacco violations. III.Adjournment The work session adjourned at 6:44 p.m. ________________________________ Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 3.1(b) Crystal City Council meeting minutes September 15, 2020 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on September 15, 2020 at 7:00 p.m. electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present in the Council Chambers at City Hall: Budziszewski, Deshler, Kiser, LaRoche, Adams, and Banks. Absent: Parsons. City staff present in the Council Chambers at City Hall: City Manager A. N orris, Assistant City Manager/HR Manager K. Therres, City Attorney T. Gilchrist, Finance Director J. McGann, Public Works Director M. Ray, Police Chief S. Revering, West Metro Fire-Rescue District Chief S. Larson, Community Development Director J. Sutter, Deputy City Clerk K. Jones and City Clerk C. Serres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member LaRoche and seconded by Council Member Banks to approve the agenda. Motion carried. 3.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a.The City Council work session on August 20, 2020. b.The City Council meeting on September 1, 2020. c.The City Council work session on September 1, 2020. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 3.3 Approval of Resolution No. 2020-82, accepting donations of $839.63 from donation boxes and mug/t-shirt fundraiser for the Crystal Police K9 Unit. 3.4 Approval of an extension for the completion deadline for 5176 Louisiana Avenue North to September 15, 2021. Moved by Council Member Kiser and seconded by Council Member Deshler to approve the consent agenda. Motion carried. 3.1(c) Crystal City Council meeting minutes September 15, 2020 Page 2 of 3 4. Open Forum No public comment was given during open forum. 5. Regular Agenda 5.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Moved by Council Member LaRoche and seconded by Council Member Deshler to approve the list of disbursements over $25,000. Voting aye: Budziszewski, Deshler, Kiser, LaRoche, Adams, and Banks. Absent, not voting: Parsons. Motion carried. 5.2 The Council considered a resolution amending Appendix IV, the Fee Schedule, of the City Code regarding administrative penalties for tobacco violations. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member Deshler and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2020 - 83 RESOLUTION AMENDING APPENDIX IV OF THE CRYSTAL CITY CODE REGARDING ADMINISTRATIVE PENALTIES FOR TOBACCO VIOLATION Voting aye: Budziszewski, Deshler, Kiser, LaRoche, Adams, and Banks. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 5.3 The Council considered a resolution authorizing certain expenses as reimbursable through CARES funds. Finance Director Jean McGann addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2020 – 84 RESOLUTION ALLOCATING CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDS Voting aye: Budziszewski, Deshler, Kiser, LaRoche, Adams, and Banks. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 3.1(c) Crystal City Council meeting minutes September 15, 2020 Page 3 of 3 5.4 The Council considered a resolution declaring the amount to be assessed, ordering the preparation of the assessment rolls and setting a date for the public hearing for the 2020 Utility Reconstruction Private Sanitary Sewer Service Repairs. Public Works Director Mark Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION 2020 – 85 DECLARING AMOUNT TO BE ASSESSED, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR PUBLIC HEARING FOR 2020 UTILITY RECONSTRUCTION PRIVATE SANITARY SEWER SERVICES REPAIRS Voting aye: Budziszewski, Deshler, Kiser, LaRoche, Adams, and Banks. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 5.5 The Council considered approval of the statement of principles for the Blue Line Extension alignment. Community Development Director John Sutter addressed the Council. Moved by Council Member Banks and seconded by Council Member Deshler to approve the statements of principles for the Blue Line Extension alignment. Voting aye: Budziszewski, Deshler, Kiser, LaRoche, Adams, and Banks. Absent, not voting: Parsons. Motion carried. 6. Announcements The Council made announcements about upcoming events. 7. Adjournment Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adjourn the meeting. Motion carried. The meeting adjourned at 7:29 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Christina Serres, City Clerk 3.1(c) Page 1 of 1 City of Crystal Council Meeting October 6, 2020 Applications for City License Refuse Hauler Sanimax USA 505 Hardman Ave So St Paul, MN 55075 Rental – New 5440 Vera Cruz Ave. N. – Alex Herreid (Conditional) Rental – Renewal 2701 Brunswick Ave. N. – Granite Cliffs LLC (Conditional) 5301 Byron Ave. N. – JTD Properties LLC 3320 Douglas Dr. N. – Douglas Terrace Apartments LLC (Conditional) 3300 Douglas Dr. N. – Douglas Terrace Apartments LLC (Conditional) 3960 Douglas Dr. N. – William and Ruth Klatte 5115 Douglas Dr. N. – Joy Joyce LLC (Conditional) 5153 Douglas Dr. N. – James and Bonnie McVeigh (Conditional) 4832 Hampshire Ave. N. – Richard and Patricia Sandeen 4950 Lakeland Ave. N. – Todd R Haugan & Assoc. LTD (Conditional) 3501 Louisiana Ave. N. – Cambridge Apartments (Conditional) 5419 Louisiana Ave. N. – Debra and Duane Sanovia (Conditional) 5436 Louisiana Ave. N. – Hee Yoon Kim 5673 Maryland Ave. N. – Chad Tesmer (Conditional) 4724 Nevada Ave. N. – FYR SFR Borrower LLC 5710 Orchard Ave. N. – Kristen Marie Moris 5737 Regent Ave. N. – Adetomi Omotayo (Conditional) 5630 Rhode Island Ave. N. – Birch Real Estate LLC 5439 Twin Lake Ter. – Kurschner Companies LLC (Conditional) 5222 Unity Ct N – NANDRI LLC 3041 Virginia Ave. N. – Sarah Edstrom 4755 Welcome Ave. N. – Independent Properties LLC (Conditional) 3237 Zane Ave. N. – MJA Capital Management LLC 3619 Zane Ave. N. – Juan Orozco 3703 Zane Ave. N. – Mark Butler 7225 32nd Ave. N. – Mark Edblom 5109 49th Ave. N. – Peter Zedler 4912 56th Ave. N. – Joseph Joel Rice (Conditional) 3.2 Memorandum DATE: September 11, 2020 TO: Mayor and Council FROM: Kimberly Therres, Assistant City Manager/Human Resources Manager SUBJECT: EQC Commission Member Resignation ____________________________________________________________________ Environmental Quality Commission member, Roycie Earvin, has informed us that she is not longer able to serve due to her work commitments. Please accept her resignation from the Envirnomental Quality Commission. 3.3 Memorandum DATE: October 6, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works Mick Cyert, Engineering Project Manager SUBJECT: 2020 Utility Reconstruction Private Sanitary Sewer Service Lining Repairs Background On September 15, 2020 the City Council declared the amount to be assessed as part of the 2020 Utility Reconstruction Project’s optional Sanitary Sewer Service Lining Repair work, ordered the preparation of the assessment roll, and called for a public hearing on the assessment for October 6, 2020. This program was completely optional. The cost was a flat $5,225 per property to have their sanitary sewer service lined. The purpose of the public hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. Once the public hearing is closed, City Council must, by resolution, adopt the same as the special assessment against the lands named in the assessment roll. Again, this is part of the Minnesota State Statute process for special assessments. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. Discussion Of the 64 parcels in the 2020 Utility Reconstruction Project, 10 parcels participated in the sanitary sewer lining repair program. While every participant signed an agreement showing the cost of the proposed work and waiving their right to appeal the assessment, it is still required to go through the formal assessment process. Attachment •Assessment roll •Example resident payment information letter Recommended Action •Hold the Public Assessment Hearing on the project. •Motion to approve the Resolution adopting the assessment roll for the 2020 Utility Reconstruction Private Sanitary Sewer Lining Repairs. 5.1 CITY OF CRYSTAL MINNESOTA 2020 UTILITY RECONSTRUCTION PROJECT 2020-01 6-Oct-20 PID Number Property Address Homeowner Tax Payer Tax Payer Address Assessment Amount 20-118-21-42-0037 3018 Jersey Ave N Tom Vetter C A Subialka & T W Vetter 3018 Jersey Ave N, Crystal MN 55427 $5,225.00 20-118-21-42-0125 3034 Jersey Ave N Jane Freund Jane A Freund 3034 Jersey Ave N, Crystal MN 55427 $5,225.00 20-118-21-42-0119 3102 Jersey Ave N Tyan and Lori Drewitz Ryan B & Lauren E Drewitz 3102 Jersey Ave N, Crystal MN 55427 $5,225.00 20-118-21-43-0092 2718 Kentucky Ave N Chuck &Sherri Ripplinger Charles A & Sherry Ripplinger 2718 Kentucky Ave N, Crystal MN 55427 $5,225.00 20-118-21-43-0133 2719 Kentucky Ave N John & Theresa Erntson John A & Theresa J Erntson 2719 Kentucky Ave N, Crystal MN 55427 $5,225.00 20-118-21-43-0004 2737 Kentucky Ave N Ray Byrne Raymond E Byrne 2737 Kentucky Ave N Crystal MN 55427 $5,225.00 20-118-21-43-0076 2909 Kentucky Ave N Wayne Benshoof Wayne D Benshoof 2909 Kentucky Ave N, Crystal MN 55427 $5,225.00 20-118-21-43-0108 2953 Kentucky Ave N Peter & Lori Schultz Peter B & Lorie A Schultz 2953 Kentucky Ave N, Crystal MN 55427 $5,225.00 20-118-21-43-0107 2961 Kentucky Ave N John Berger John H Berger 2961 Kentucky Ave N, Crystal MN 55427 $5,225.00 20-118-21-42-0101 2966 Kentucky AuDrey Millard Audrey J Millard 2966 Kentucky Ave N, Crystal MN 55427 $5,225.00 $52,250.00 PRIVATE SANITARY SEWER LINING REPAIR ASSESSMENT ROLL SEWER SERVICE REPAIR 5.1 EXPLANATION OF OPTIONS FOR PAYMENT OF SPECIAL ASSESSMENTS 2020 UTILITY RECONSTRUTION PRIVATE SANITARY SEWER SERVICE LINING REPAIR October 7, 2020 On October 6, 2020, the City of Crystal levied a special assessment (lien) against your property. A special assessment is a charge to you for work performed by the City that benefits your property. The amount to be specifically assessed against your property is $5,225.00 for the sanitary sewer service lining repair. PROPERTY ADDRESS: PIN #00000000000 4141 Douglas Drive N MARY SMITH Crystal, Minnesota 55422 4141 Douglas Drive N CRYSTAL MN 55422 THIS LETTER IS NOTIFICATION THAT THE SPECIAL ASSESSMENT FOR THE SANITARY SEWER LINING HAS BEEN LEVIED AND IS DUE AND PAYABLE. Instructions for payment Please make your check payable to the City of Crystal. You may deliver or mail the payment to City Hall, 4141 Douglas Drive N, Crystal, MN 55422. Visa and MasterCard will also be accepted at City Hall with a valid picture ID. Payments made before 4:30pm on November 25, 2020 Any payment ($100 minimum) made before the time noted above will reduce the amount put on the taxes next year. If the entire balance is paid, there will be no additional cost put on the taxes. Payments made after 4:30pm on November 25, 2020 Any portion of the balance not paid by this time will added to your property tax statement over a 10-year period beginning in 2021, and ending in 2030. The first year you will be charged 14 months of interest on your assessment balance. After the first year, the amount added to your annual property tax statement will be computed by adding 1/10th of your assessment balance plus simple interest computed at 4.0 percent on the declining balance. You may pay the balance of You may pay off the entire balance remaining at any time but your payment must be made by the last business day prior to November 15 in order to avoid interest charges for the following year. Special Circumstances You may qualify to defer your assessment to a later date if you meet the requirements. If an assessment is deferred, interest will accrue at the rate of 4.0 percent for the 10-year term of the assessment or until the assessment is paid, whichever comes first. To defer your assessment, you must occupy the property as your homestead, meet the income guidelines listed below, AND be one of the following:1) over the age of 65 2) totally and permanently disabled OR 3) a member of the Minnesota National Guard or other reserves ordered into active military service Household Size Income Limit Household Size Income Limit Household Size Income Limit Household Size Income Limit 1 $54,950 3 $70,650 5 $84,800 7 $97,350 2 $62,800 4 $78,500 6 $91,000 8 $103,650 Please contact Assessing Specialist, Gail Petschl at 763.531.1118 or gail.petschl@crystalmn.gov if you need additional information on the program. -------------------------------------------------------------------------------------------------------------------------------------------------- If paying on or before November 25, 2020 please cut and return this stub with your payment to: Address of Property You Are Paying Assessment on: Amount Enclosed: Property ID# 4141 Douglas Drive N. $ 000000000000000 5.1 CITY OF CRYSTAL RESOLUTION NO. 2020- _____ RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR 2020 UTILITY RECONSTRUCTION PRIVATE SANITARY SEWER SERVICE LINING REPAIRS WHEREAS, the City Council approved the project plans and specifications and ordered the ad for bids for the 2020 Utility Reconstruction Project (“Project”) on March 10, 2020; and WHEREAS, the City Council awarded the contract for the Project on April 21, 2020; and WHEREAS, as part of the Project, residents were given the option to participate in a private sanitary sewer repair program (“Repair Program”); and WHEREAS, the owners requesting participation in the Repair Program petitioned the City for said improvements and signed an agreement waiving their right to appeal the assessment associated with the Repair Program; and WHEREAS, the Project, including the Repair Program, is being constructed in accordance with the Minnesota Statutes, chapter 429 requirements; and WHEREAS, the Crystal City Council called for the assessment hearing at the September 15, 2020 City Council meeting; and WHEREAS, the Crystal City Council held the assessment hearing on October 6, 2020, at which it heard and passed on all objections to the proposed assessment for the Repair Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: 1. The proposed assessment for the Repair Program is hereby accepted and shall constitute the special assessment against the lands identified on the attached Exhibit A, and each tract of land is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. The total cost to be assessed against the 10 properties whose owners elected to participate in the Repair Program is $52,250.00, with a set assessment amount of $5,225 per property. 2. Such assessment shall be payable in equal principal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2021, and shall bear interest at the rate of 4.0 percent per annum from the date of adoption of this assessment resolution until December 31, 2030. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property assessed may, at any time prior to certification of the assessment to the County Auditor (30 days from the adoption of this resolution which will be the end of business on November 25, 2020), pay the whole or partial payment ($100 minimum) of the assessment on such property, with no interest accrued on the amount paid to the City Treasurer. The balance amount of the assessment remaining unpaid, with interest accrued to December 31 will be certified. To avoid future year 5.1 interest, such payment must be made prior to November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall transmit a certified copy of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Crystal City Council this 6th day of October 2020. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 5.1 EXHIBIT A Properties being Assessed Property Address PID Number Amount of Assessment $5,225 $5,225 $5,225 $5,225 $5,225 $5,225 $5,225 $5,225 $5,225 $5,225 5.1 DATE:September 30, 2020 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount Hunt Electric Purchase of street light poles $35,300.00 LMCIT Workers Compensation insurance premium $99,407.00 LOGIS Monthly charges, North Tower fiber, Lift Station fiber $102,987.84 Center for Energy and Environment Home improvement loan program costs $26,805.52 Core & Main LP Sensus antenna $34,275.00 Firstam One 103461 LLC Refund of escrow deposit $59,170.00 IP3 AF Broadway LLC Refund of escrow deposit $72,500.00 Northdale Construction Company 2020 Utility Reconstruction AFP #4 $159,177.55 Short Elliot Hendrickson 2020 Utility Reconstruction costs $34,061.09 West Metro Fire Rescue District September Contribution to West Metro Fire $106,380.00 Metropolitan Council Environ Svs Wastewater service for October $137,128.09 Nelson Family Foundation Real Estate HoldingsRefund of escrow deposit $28,764.00 Taylor Electric Company West lift station generator $55,120.97 MN PERA Employee & city required contributions for 9/18/20 pay date $61,000.97 Waste Management (HRG)August HRG recycling costs $53,600.41 $1,065,678.44 Description 6.1 Memorandum DATE: October 6, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works Pat Sele, Utilities Superintendent SUBJECT: Lift Station Pump replacement at South Lift Station Summary As part of the City’s long-term planning effort, one of the minor changes that was done is that the replacement of pumps at the sanitary sewer lift stations was taken out of the Capital Improvement Projects and allocated for in the sanitary sewer operating budget. The reason that this was done, is that pumps need to be replaced just as a matter of course and the cost of this equipment was relatively low compared to other capital projects. $50,000 a year was added to the operating budget to cover the cost of pumps, and another sanitary sewer equipment, as needed. This approach allows staff to be more flexible in managing the replacement of equipment that has to be replaced by the very nature of the role it serves. The south lift station has three pumps which pump sewage through pipes up hill to a location north of 36th Ave. In order to do this, the pump has impellers that spin and grab the sewage in order to pump it up and out. These impellers are worn out and out of tolerance. In addition, the #3 pump is the largest of all the sanitary sewer pumps in the City and is used primarily during heavy rain events when the sanitary sewer system has a lot of rainwater inflow to the pipes. Due to the design of the #3 pump, when it clogs, the entire 25-foot drive shaft needs to be disassembled in order to get access to clear the clog. The new pump will not have the same design so that it is more efficient to clean and clear. Cost Two quotes were obtained for the replacement of the pump: • Electric Pump $78,385.00 • Quality Machine and Manufacturing $83,197.48 Funding The pump will be purchased in 2020 and is planned to be installed in early 2021. This will split the cost between the two years, with it being under budget overall. Attachment Electric Pump quote (3 pages) Recommended Action Motion to approve the replacement of the south sanitary sewer lift station pump. 6.2 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL 5001 WEST BROADWAY CRYSTAL, MN 55429 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:1 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0181562 9/11/2020 0011701 EXPIRE DATE:10/12/2020 STEVEN FORSYTHE QUOTED BY:MKH SOUTH LS ACCESSORIES 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-531-1166 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY 10,253.00 RE: SOUTH LS PUMP #3 ACCESSORIES & PIPING ELECTRIC PUMP IS PLEASED TO OFFER: 0000007858305 EACH1.00 ELBOW,INLET DN200 X 10"ANSI CI 0000007682421 EACH1.00 KIT,T-STAND 3202 HT 1400000407129 EACH1.00 MINI-CAS SEAL FAIL/OT MONITORING RELAY TO BE INSTALLED IN EXISTING CONTROL PANEL *MISC EACH1.00 MISCELLANEOUS INSTALL MATERIALS INCLUDES FRAME AND CONCRETE FORMING FOR PUMP BASE. *PIPING EACH1.00 (1) LOT OF PIPING, INCLUDES 6" AND 10" 45 AND 90 DEG BENDS, 6" AND 10" EXPANSION JOINTS, DUCTILE PIPE LENGTH, FILLER FLANGES, GASKETS, AND HARDWARE. NOTE: WE WILL REUSE THE EXISTING 10" CHECK VALVE. SEE BELOW FOR OPTION TO REPLACE WITH NEW. TOTAL FOR MATERIALS: $10,253.00 FREIGHT IS ADDITIONAL. ***ADDER FOR NEW 10" CHECK VALVE INSTALLED: $3,565.00 THANK YOU FOR YOUR CONSIDERATION. SINCERELY--MYRA HOFFMAN 800-211-6432 myrah@electricpump.com CC: STEVEN FORSYTHE 612-840-9499 stevenf@electricpump.com 6.2 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL 5001 WEST BROADWAY CRYSTAL, MN 55429 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:2 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0181562 9/11/2020 0011701 EXPIRE DATE:10/12/2020 STEVEN FORSYTHE QUOTED BY:MKH SOUTH LS ACCESSORIES 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-531-1166 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY Net Order:10,253.00 Less Discount:0.00 Freight:0.00 Sales Tax:0.00 10,253.00 Order Total: ABOVE PRICING EFFECTIVE FOR 30 DAYS All return goods must have written approval from Electric Pump, Inc. before returning. Credit will not be issued without written approval and if applicable there will be a Restock Fee. 6.2 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL 5001 WEST BROADWAY CRYSTAL, MN 55429 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:1 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0181563 9/11/2020 0011701 EXPIRE DATE:10/12/2020 STEVEN FORSYTHE QUOTED BY:MKH SOUTH LS INSTALL 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-531-1166 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY 18,224.00 RE: SOUTH LS PUMP #3 INSTALLATION SERVICE TO REPLACE PACO DRY PIT WITH FLYGT NT3202.830-460HT DRY PIT PUMP ELECTRIC PUMP IS PLEASED TO OFFER: *FIELD SERVICE EACH1.00 FIELD SERVICE FOR ELECTRIC PUMP SERVICE TECHS TO REMOVE EXISTING PACO EXT SHAFT PUMP AND INSTALL NEW FLYGT PUMP, INLET ELBOW, T-STAND, AND PIPING AND CONNECT TO THE EXISTING INLET AND DISCHARGE OUT OF THE STATION. ALL TRIP, TRAVEL AND CONFINED SPACE ENTRY INCLUDED. ELECTRIC PUMP CONTROLS TECH TO INSTALL MINI CAS RELAY IN CONTROL PANEL. /START99 HOUR1.00 START UP SERVICES FOR WARRANTY CERTIFICATION. TOTAL FOR INSTALL SERVICE: $18,224.00 THANK YOU FOR YOUR CONSIDERATION. SINCERELY--MYRA HOFFMAN 800-211-6432 myrah@electricpump.com CC: STEVEN FORSYTHE 612-840-9499 stevenf@electricpump.com 6.2 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL 5001 WEST BROADWAY CRYSTAL, MN 55429 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:2 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0181563 9/11/2020 0011701 EXPIRE DATE:10/12/2020 STEVEN FORSYTHE QUOTED BY:MKH SOUTH LS INSTALL 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-531-1166 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY Net Order:18,224.00 Less Discount:0.00 Freight:0.00 Sales Tax:0.00 18,224.00 Order Total: ABOVE PRICING EFFECTIVE FOR 30 DAYS All return goods must have written approval from Electric Pump, Inc. before returning. Credit will not be issued without written approval and if applicable there will be a Restock Fee. 6.2 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL 5001 WEST BROADWAY CRYSTAL, MN 55429 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:1 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0181501 9/11/2020 0011701 EXPIRE DATE:10/12/2020 STEVEN FORSYTHE QUOTED BY:MKH SOUTH LS PUMP #3 NT3202 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-531-1166 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY 49,908.00 RE: SOUTH LS PUMP #3 RETRO REPLACE PACO DRY PIT WITH FLYGT NT3202.830-460HT DRY PIT PUMP DESIGNED TO DELIVER 1500 GPM @ 88' TDH ELECTRIC PUMP IS PLEASED TO OFFER: 0032028300045 EACH1.00 FLYGT MODEL 3202.830 DRY PIT SUBMERSIBLE PUMP, NT460 HARD IRON IMPELLER AND WEAR PLATE, 6" 54HP/460/3 PREMIUM EFFICIENT FM RATED MOTOR WITH INTEGRAL SS COOLING JACKET, 50' POWER CORD FM FLS FV TOTAL FOR FLYGT PUMP: $49,908.00 FREIGHT IS ADDITIONAL. THANK YOU FOR YOUR CONSIDERATION. SINCERELY--MYRA HOFFMAN 800-211-6432 myrah@electricpump.com CC: STEVEN FORSYTHE 612-840-9499 stevenf@electricpump.com Net Order:49,908.00 Less Discount:0.00 Freight:0.00 Sales Tax:0.00 49,908.00 Order Total: ABOVE PRICING EFFECTIVE FOR 30 DAYS All return goods must have written approval from Electric Pump, Inc. before returning. Credit will not be issued without written approval and if applicable there will be a Restock Fee. 6.2 RESOLUTION NO. 2020 - ______ APPROVING REPLACEMENT OF SANITARY SEWER LIFT STATION PUMP WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the South Lift Station #3 pump needs to be replaced; and WHEREAS, funds are allocated in the sanitary sewer operating fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council authorizes the replacement of the #3 sanitary sewer pump at the south lift station from Electric Pump Inc. for $78,385.00. Adopted by the Crystal City Council this 6th day of October, 2020. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.2 October 6, 2020 6.3 Continue two-year budget and financial planning cycle started with 2019-2020 budgets Maintain current service levels with minimal impact to residents and taxpayers while continuing to implement the Council’s four priorities Continue to fund capital needs so debt won’t be needed for fleet, building or equipment purchases or replacements Continue to keep enterprise (utility) funds solvent with modest utility rate increases 6.3 Duration of pandemic and impact on revenues Labor negotiations in that all three bargaining units are open for 2021 6.3 Crystal Business Association Beautification and branding (seasonal planters, banners, litter clean-up along major corridors) 6.3 Implementation of Parks Master Plan (Becker, Welcome, Iron Horse, North Lions) New home construction Birthday brigades Code enforcement Community events: MN Night to Unite, Cheers to Crystal, Crystal Frolics, Antique Car Run, Lions Corn Feed, Airport Open House Public safety: Adopt a hydrant, Crime Prevention Fund, domestic assault prevention, home safety surveys, coffee/cone with a cop, shop with a cop, Citizens Police Academy, Junior police academy Community police forums 6.3 Biennial budget Long term plan –planning and saving for capital needs for the future to have cash to pay for: Police building Utility and street replacement Park fund 6.3 Inclusive play area –Becker Park Joint Community Police Partnership –partner with Hennepin County: Multi-Cultural Advisory Committee (MAC) Cadet program Partnership with Cornerstone –Domestic Violence Prevention and Advocacy Chiefs Chat Podcast with Police and Fire chiefs Mayor Jim Adams Podcast Partnership with ISD 281 Adult Academic Education Center Partnership with Hennepin County –mental health programming (starting in 2021) 6.3 2020 Levy 2020 % Change 2021 Proposed 2021 Increase (Decrease) 2021 % Change 2022 Proposed 2022 Increase (Decrease) 2022 % Change General levy 10,143,522$ 4.40 %12,084,489$ 1,940,967$ 19.14 %12,740,995$ 656,506$ 5.43 % Capital improvements and Internal Service levy Police Equipment Revolving 154,938 0.00 158,037 3,099 2.00 161,197 3,160 2.00 Park Improvement 358,914 44.54 480,511 121,597 33.88 606,999 126,488 26.32 Street Construction 110,144 0.00 114,550 4,406 4.00 119,132 4,582 4.00 Internal Service levy Information Technology 159,179 0.00 - (159,179) -100.00 - - - PIR - 0.00 - - - - - - Buildings 1,072,295 83.02 - (1,072,295) -100.00 - - - Fleet 85,680 0.00 - (85,680) -100.00 - - - Total Capital Improvement and Internal Service levy 1,941,150 44.42 753,098 (1,188,052) -61.20 887,328 134,230 17.82 EDA 282,744 0.00 300,000 17,256 6.10 310,000 10,000 3.33 12,367,416$ 9.03 %13,137,587$ 770,171$ 6.23 %13,938,323$ 800,736$ 6.10 % % Increase from prior year 6.3 Amount Percent Levy increase Amount Percent Levy increase Operations 649,072$ 4.81%Lost Revenue 305,948$ 2.27% Capital 173,843 1.29%Wage/benefits increase 338,301 2.51% EDA 17,256 0.13%Inflationery increases 17,069 0.13% Police additions 42,100 0.31% Total Levy Increase 840,171$ 6.23%West Metro 58,250 0.43% Election decrease (112,596) -0.83% Capital increases 173,843 1.29% EDA 17,256 0.13% Total Levy Increase 840,171$ 6.23% Summary Detail 6.3 2019 2020 2021 2022 Actual Budget Proposed Proposed REVENUES Property taxes - operations 9,743,618$ 10,289,022$ 10,768,994$ 11,378,421$ Special assessments and other 52,000 52,000 Property taxes - Internal allocations 1,362,495 1,409,574 Licenses and permits 835,711 853,810 896,860 850,960 Intergovernmental revenues 1,907,764 1,787,339 1,777,489 1,777,489 Charges for services 811,940 891,402 846,711 863,853 Fines & forfeits 287,985 307,000 275,000 275,000 Investment income 116,464 94,512 125,000 125,000 Miscellaneous 69,675 82,683 68,000 68,000 TOTAL REVENUES 13,773,157 14,305,768 16,172,549 16,800,297 6.3 2020 2021 2020 to 2021 2020 to 2021 2020 to 2021 2020 to 2021 Increase % Increase Increase w/o % w/o IFS Budget Proposed (Decrease) (Decrease)ISF Allocation Allocation EXPENDITURES General government 2,124,193$ 2,267,228$ 143,035$ 6.73% 64,973$ 3.06% Public safety 7,672,996 8,417,237 744,241 8.84% 200,054 2.61% Community Development 687,370 707,745 20,375 2.96% (6,772) -0.99% Public works 2,562,263 3,071,311 509,048 16.57% 36,848 1.44% Recreation 1,733,204 2,188,530 455,326 20.81% 75,192 4.34% Interfund services transfer in 474,258 479,502 5,244 1.11%5,244 1.11% TOTAL EXPENDITURES 14,780,026$ 16,652,051$ 1,872,025$ 11.24% 370,294$ 2.51% 6.3 2019 2020 Adopted 2021 Proposed Actual Budget Budget Budget Revenue Property Taxes and Special Assessments 281,635$ 288,399$ 300,000$ 310,000$ Charges for Services - - - - Miscellaneous 2,000 28,000 - - Interest Income 93,375 12,000 10,000 8,000 Total Revenue 377,010$ 328,399$ 310,000$ 318,000$ Expenditures Personnel services 263,188$ 316,203$ 297,580$ 308,214$ Professional Services 15,370 41,000 20,000 20,000 Contractual Services 56,075 49,200 10,000 10,000 Internal Service Fund Charges - - 4,568 5,186 Printing 244 500 500 500 Miscellaneous 102,632 4,400 39,150 40,950 Transfer out 1,150,000 - - - Prior period adjustment 295,000 - - - Total Expenditures 1,882,509$ 411,303$ 371,798$ 384,850$ Net Revenue Over (Under) Appropriations (1,505,499)$ (82,904)$ (61,798)$ (66,850)$ Fund balance, January 1 5,436,833$ 3,931,334$ 3,848,430$ 3,786,632$ Fund balance, December 31 3,931,334$ 3,848,430$ 3,786,632$ 3,719,782$ 2022 Proposed 6.3 Total General Fund Increase over 2020 579,072$ Non-tax Revenue increases (decreases)Expenditure increases (decreases) Special assessments (18,500)$ Wa ges and benefits 338,301$ Delinquent property taxes and interest (28,000) Police K-9 overtime 7,100 Charges for services (47,192) Assessing contract 26,000 Licenses and permits (66,950) Finance professional services 10,000 (4,650) 9,475 School resource officer (33,000) Police mental health 35,000 Fines and forfeits (32,000) Elections (112,596) SAC charges (25,000) Streets - salt (7,000) Antenna charges 17,000 Miscellaneous reductions (21,406) City provided services to others (10,500) West Metro Fire District 58,250 Interest earnings 30,488 Total Expenditure increases (decreases)343,124$ Recreation (16,385) Miscellaneous modifications (6,503) Total General Fund Increase over 2020 579,072$ Transfers 5,244 Total Non-tax Revenue increases (decreases)(235,948) Intergovernmental revenue (bulletproof vests and post-board reimb) Human resources - professional services and service contracts 6.3 State provides direct property tax relief to taxpayers Homestead credit refund Renter’s refund Special property tax refund (referred to as the targeting program) Senior Citizen Property Tax Deferral Program. Contact MN Dept of Revenue 651-296-4444 or www.revenue.state.mn.us 6.3 October 6 Public input presentation December 1 Council to consider final budget and levies 6.3 6.3 6.4 6.4 Aqekdd_ T�e& 11�, *_ = Document C132" ®2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser AGREEMENT made as of the First day of September in the year 2020 (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status, address and other information) This document has important City of Crystal legal consequences. Consultation 4141 Douglas Dr. N. with an attorney Crystal, MN 55422 is encouraged with respect to its completion or modification. and the Construction Manager: This document is intended to be (Name, legal status, address and other information) used in conjunction with AIA Documents A132TM-2009, Standard Form of Agreement Kraus -Anderson® pan — Construction Company X Between Owner and Contractor, 501 South Eighth Street Construction Manager as Adviser Minneapolis, MN 55404 Edition; A2327m-2009, General Conditions of the Contract for Construction, Construction for the following Project: Manager as Adviser Edition; and (Name, location and detailed description) B132M-2009, Standard Form of Agreement Between Owner and City of Crystal New Police Facility Project Architect, Construction Manager 4141 Douglas Dr. N. as Adviser Edition. ^AIA Crystal, MN 55422 Document A232TM-2009 is adopted in this document by The Architect: reference. Do not use with other (Name, legal status, address and other information) general conditions unless this document is modified. Wold Architects and Engineers 332 Minnesota Street Suite W2000 St. Paul, MN 55101 The Owner and Construction Manager agree as follows. Init. AIA Document C132"' — 2009 (formerly B801 T" CMa—1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," 'AIA," the AIA Logo, and *AIA Contract Documents' are registered trademarks and may not be used without permission This document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for t one-time use only, and may only be used in accordance with the AIA Contract Documents®Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as 'Slot applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.') § 1.1.1 The Owner's program for the Project: (Identify documentation or slate the manner in which the prograin will be developed) N/A § 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) City of Crystal New Police Facility — Demolish and replace existing facility and provide police garage/office addition at: 4141 Douglas Dr. N., Crystal, MN 55422 § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if knolvn, a line item breakdown.) N/A § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Present — January 2021 .2 Commencement Of COI1StrnCtiOn: Al Document C132"'' — 2009 (formerly B80111CMa — 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. The "American Institute of Architects," "AIA," the Al Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission This 2 document was produced by Al software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) Commencement of construction shall be determined during the design phase. A contract amendment shall be forthcoming. .3 Substantial Completion date or milestone dates: Substantial Completion of construction shall be determined during the design phase. A contract amendment shall be forthcoming. .4 Other: N/A § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid, negotiated Contract or multiple Prime Contracts.) Multiple Prime Contracts § 1.1.6 The Owner's requirements for accelerated or fast -track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurement packages) N/A § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) N/A § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information) Anne Norris City Manager City of Crystal 4141 Douglas Dr. N. Crystal, MN 55422 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other information) Stephanie Revering, Chief of Police § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other information) .1 Land Surveyor: To be determined by Owner Init. AIA Document C132T° — 2009 (formerly 8801 WCIVIa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12113/2020, is not for resale, is licensed for t one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) .2 Geotechnical Engineer: To be determined by Owner .3 Civil Engineer: To be determined by Owner .4 Other: (List any other consultants retained by the O>vner, such as a Project or Program Manager, or construction contractor) To be determined by Owner § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information.) Jason Rentmeester, Senior Project Manager Kraus -Anderson Construction Company 501 South Eighth Street Minneapolis, MN 55404 § 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.) N/A § 1.1.13 The Construction Manager's consultants retained under Basic Services, if any: Cost Estimator: (List name, legal status, address and other information.) N/A .2 Other consultants: N/A § 1.1.14 The Construction Manager's consultants retained under Additional Services: N/A § 1.1.15 Other Initial Information on which the Agreement is based: Init.AIA Document C132'"' — 2009 (formerly B801T"'CIVla—1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 4 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No. 7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) N/A § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager sh4-shall, by appropriate written agreement, appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B 132TM-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Constriction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than Five Hundred Thousand Dollars and Zero Cents ($ 500, 000.00 ). § 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its performance of services with policy limits of not less than Ten Million Dollars and Zero Cents ($ 10,000,000.00 ) per claim and in the aggregate. § 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The eei4ifieates will show the Owner- as an addifienal insured o1i the Comprehe General Liability, Automobile Liability,umbr-ella of exeess paheies. § 2.6.7 With the exception of professional liability insurance, the Construction Manager's liability insurance policies shall be primary insurance to any other valid and collectible insurance available to the Owner with respect to any claim to the extent caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager is responsible for Init. AIA Document C132'" — 2009 (formerly B801TMCMa—1992). Copyright@O 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:41:05 ET on 1010512020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) payment of Contract related insurance premiums and deductibles The Construction Manager's policies shall include legal defense fees in addition to its liability_ policy limits with the exception of the professional liability insurance All policies listed above except professional liability, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable) and shall apply on a "per project" basis The Construction Manager shall obtain insurance policies from insurance companies having an "AM BEST" rating of A- (minus)-, Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota. § 2 6 8 Notwithstanding the foregoing the Owner reserves the right to immediately terminate this Contract pursuant to Section 9.4 if the Construction Manager is not in compliance with the insurance requirements contained herein. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, constructability review, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Constriction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, if multiple Contractors or fast -track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that could affect the Project's timely completion. § 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recommendations for corrective action. Init. AIA Document C132'"' — 2009 (formerly B801 T"CMa—1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 6 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/1312020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations to the Owner and coordinate with the Architect on the division of the Project into individual Contracts for the construction of various categories of jx e -k inel din he methed to be used for- seleeting Gentr-aeter-s and awarding Gontfaets. If multiple Contracts are to be , Work. Because multiple Contracts are to be awarded where possible the Construction Manager shall review the Drawings and Specifications and make recommendations and prepare scopes of Work with the Architect as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. The Construction Manager shall keep the Owner apprised of Construction Manager -proposed Work Scopes prior to finalizing the divisions of Work with the Prime Contractors § 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements of the Owner. § 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including those that must be ordered well in advance of construction. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall snake recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and for quasi governmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. § 3.2.19 The GanstmBtion Manager shall develop bidders' interest ManagerGenstruetien Manager-, with the assistanee of the Arehiteet, shall issue bidding doeuments to bidders and eefidue pre bid eanfer-enees with pfespective bidders. The Gonstfuetion each set of bidding doetiments. The GenstruGtien Manager- shall assist the Ar-ehiteet with regard to questions fx-om biddefs '' with the f addenda -Reserved.. Init. AIA Document C132"' — 2009 (formerly B801 TMCMa—1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 7 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12113/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents"' Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 3.2.20 The Construction Manager shall receive >,�bids or quotes, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bid-s-.-bids or quotes in accordance with Public Bidding, Minnesota Statutes, Section 471.345. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. The Owner will review and approve contracts consistent with the Owner's approval process. § 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Constriction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Construction Manager shall provide on -site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232T11r-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition -Edition, as modified. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Constriction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall diligently endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. Init. AIA Document C132"' — 2009 (formerly B801 TMCMa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 8 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor's Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment by summarizing information from each Contractor's Application for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Subject to Sections 3.3.14 and 3.3.15, the certification of an application for payment shall constitute the Construction Manager's representation to the Owner that the Construction Manager has reported to the Owner and the Architect all defects in the Work or deviations from the Contract Documents that have been observed by or reported to the Construction Manager. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall Init. AIA Document C132'" — 2009 (formerly B801'mCMa—1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 9 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documentsa Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Constriction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible to the Owner for the Construction Manager's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities performing portions of the Work. Subject to Section 3.3.14, nothing in this section is intended to limit the Construction Manager's dutytport to the Owner and the Architect all defects in the Work or deviations from the Contract Documents that have been observed by or reported to the Construction Manager. Subject to Section 3.3.14, nothing; in this section is intended or shall be construed to negate or limit the Construction Manager's duties to the Owner in Section 2.2. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent of the Drawings and Speeifie tions with its written r e patio n Specifications, and assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.3.1.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. Init. AIA Document C132"' — 2009 (formerly B801 T'"CMa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 10 document was produced by AIA software at 12:41:05 ET on 10/0512020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Multiple Prime Contractors' Applications for Payment; '9 Cumulative total of the Cost of the Wer-k to date inoluding the Constraetion b ' and r .. bursable expenses .,t the job site if .10 Cash -flow and forecast reports; and .11 Any ether items the n..,.,er may r-equire:: N/A § 3.3.20.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 rentre,.t r work freer . ert�s.. .2 Equipment utilizdo r-epert!,. .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: .5 Estimates N/A § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner -purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager Init. AIA Document C132"' — 2009 (formerly B801 TMCMa—1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 11 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Genstruetief Manager, A-ehiteet, Gentraeter and Multiple Wime Gentr-aetors. Owner and Construction Manager. Consent shall not be unreasonably withheld. § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. (Designate the Adcitional Services the Construction Manager shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services Responsibility Location of Service Description (Construction Manager, (Section 4.2 below or in an exhibit Owner er- attached to this document and Xor identified below) Not Provided 4.1.1 Measured drawings Owner § 4.1.2 Architectural interior design Owner (13252TM-2007) 4.1.3 Tenant -related services Owner 4.1.4 Commissioning 211TM-2007 Owner § 4.1.5 LEEDO certification (B2l ^T"�012) Owner (if required) (B214TNL2007) § 4.1.6 Furniture, furnishings, and equipment design B253T"L2007 Owner § 4.2 Insert a description of each Additional Service designated in Section 4.1, if not further described in an exhibit attached to this document. N/A Init. AIA Document C132"' — 2009 (formerly B801 T1CMa—1992). Copyright@ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 12 document was produced by AIA software at 12:41:05 ET on 10105/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Exceptto the extent services are required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, ^ publie pfese tati at public presentations, meeting or hearing; ,5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .6 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or .8 Service as the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Construction Manager, and (i) the Owner shall compensate the Construction Manager for those services reasonably performed prior to the Construction Manager's receipt of the Owner's written notice; and ii the Owner shall have no finther obligation to compensate the Construction Manager for those services and the Construction Manager shall have no further obligation to the Owner to perform those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. .2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. .3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within Six (60 ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. Init. AIA Document C132'" — 2009 (formerly B801 TMCMa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 13 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 5.3 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B 132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall fiimish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service or any fault or defect in the Construction Manager's services. § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The [nit. AIA Document C132"''-2009 (formerly B801T""CMa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 14 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/1312020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the. Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. § 5.16 The services, information and reports provided by the Owner pursuant to this Article 5 shall be provided at the Owner's expense, and the Construction Manager shall be entitled to relv upon the accuracy and comDleteness thereof. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the Construction Manager's judgment as a person or entity familiar with the construction indus It is recognized, however, that neither the Constriction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. § 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission fi•om the copyright owner to transmit such information for its use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. Init. AIA Document C132"" — 2009 (formerly B801 TM'CMa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 15 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable lit law. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Ganstr-tietion Manager's duty to indemnify the Owner undef this pfevision shall be lifnited t the ., ail ble „ eeds f incur. nse ee vefag .All indemnification obligations under this Section shall survive termination expiration or cancellation of this Agreement. The Construction Manager agrees, that in order to protect itself and the Owner under the indemnity provisions set forth in this Section 8 1 3 it will at all times during the term of this Agreement keep in force policies of insurances required in Section 2.6. Nothing in this Contract shall be construed to waive any immunities or limitations to which Owner is entitled under Minnesota Statute, Chapter 466 or otherwise. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arisingmediation as a eendition precedent to binding dispute resolutien. if such matter- relates to or is the subjeet ef a lion filing out of the Construction Manager's son,ices, the Gonstruetien Manager- may preo@@d in aeoerdaaGe wi. appheable law to eomply with the lien notiee or deadlines prioF to resolution of the matter. by mediation or by binding dispute esel tie .mediation. Mediation is not a condition precedent to commencing litigation. If litigation is commenced the parties agree to mediate before proceeding with formal discovery. § 8.2.2 The Owner- and Gonstfuction Manager shall endeaver- te r-eselve elaims, disputes and ether faaftefs in questien agreementbetween them by mediation whieh, unless the parties mutually agree otherwise, shall be administered by the A ,, i Agreement. A F@quest fei, mediation shall be made in writing, delivered to the ether part), to the AgFe@mant, and filod with the petsen or- entity administering the mediation. The mquest may be made eenGuiFently with the filing of a Gemplaint or other appropriate demand for- binding dispute r-esolution but, in such event, mediation shall prooeed in advanee of binding disput@ resalution preeeedings, whieh shall be stayed pending mediation fer- a por4ed ef 60 &�ys f+E)fn the date of filing, unless stayed fer a longer- period by proceeding and agF@e upon a sehedule fop later pr-eceeding-s-.&eserved. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Init. AIA Document C132" — 2009 (formerly 6801 TM'CMa—1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 16 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ X ] Litigation in a court of competent jurisdiction r ] Other: (Spee6) § 8.3 ArbItfationintentionally Deleted § 8.3.1 if the parties have seleeted ar-bitr-atien as the method fer binding dispute resolution in this Agreement any elaim, dispute or other- fnatter- in questien arising out of or- related te this cot to, but not resolved by, mediation shall be subjeet to arbitr-atien whieh, unless the par -ties mutua4ly agree other -wise, shall be administeFed by date ef the AgfeemerA. A demand for arbitration shall be made in wfifing, deliN,ered to the other- party to Agreement, and filed with the person er entity administefing the . mediation,§ 8.3.1.1 A d@mand for- ar-bitr-ation shall be made no earlier than eoneurFmtly with the filing efa request for- but in no eN,ent shall it be made after the date when the institution oflegal or- equitable pr-eeeodings based en the , dispute or- other- matt@r- in question would be baffed by the applicable statute of limitatiens. For statute of limitations purposes, mGeipt ef a wr-itten demand fer arbitration by the per-sen er entity administeFing the arbitFation shall constitute the institution of legal or equitable preeeedings based on the claiiii, dispute er- other matter- in question. § 8.3.2 The foregoing agreement to arbitrate and ethef agreements to arbitrate with an additienal per -son or- efitity duly eensented to by parties to this Agreement shall be speoifically enfer-seable in aeeerdanee with applisable law in any eetift having sdietio thereof party,§ 8.3.3 The award r-ender-ed by the arbitrator(s) shall be final, and judgment may be entered upon it in accordanee wi ethef arbitr-atien to whieh it is a party pfeAded that (1) the arbitration agreement goveming the other arbitration permits eanselidation, (2) the arbitratiens te be oenselidated substantially iavelve common questions E)f!&W er at its sole diser-etion, may eensolidate an ar-bitratien eondueted under this Agr-eefnent with any § 9.3.4.2 Either paFty, at its sole and (3) the arbitrations effiplay materially similar- preeedufal fules and methods for- seleeting ar-bitr-atef(s). may inelude by joinder- per -sons or- entities substantiaNy inve!N,ed in eemmoR question eflaw er- fast w-hes@ pr-esefiee is Fequir-ed if complete r-el of is te be aeeorded in arbitfation, provided that the part), sought to be joined Gonsents in writing te suoh j einden Consent to arbitration involving an additional person er entity shall not eonstitute eofisent to arbitration of an), ralaim, dispute or other matter in question no desG -ibed in the .,,Vitro„ ent § 8.3.4.3 The Owner and Genstruetion Manager gFant to any person or- entity made a party te an arbitration eendueteA under- this Seetion 8.3, whother by joinder er consolidation, the same rights ofjoinder and _As the Owner and Censtruetion Managei, under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If -Except for amounts that are the subject of a good faith dispute, if the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of Init. AIA Document C132'" — 2009 (formerly B801 T'"CMa—1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 17 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for t one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due in accordance with the Agreement prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 In the event of t t To the extent a termination by the Owner is not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all TeFmination Expenses as defined in Section 9.7. due, including expenses directly attributable to the termination for which the Construction Manager is not otherwise compensated. .r. .... resrr�rs:srrsxr_r.� Genstmetio T,r,..,age as set few,, r.elew. Reserved.. § 9.7.1 In the event of termination for the Owner's convenience prior to commencement of construction, the Construction Manager shall be entitled to receive payment for services perfen sed; performed and costs incurred by reason of such DreeenstnaGtie^ Phase.termination. § 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the Construction Manager shall be entitled to receive payment for services perfonned and costs incurred by reason of such teFminatian, aleng with reasonable ever -head and profit on serviGes not eemploted during the GenstruGtien Phas@. termination. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is laeated, exoe t that if the pa ties have selected arbitration as the method of binding dispute reselution, the Federal Arbitration AGt shall govem e e�located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Construction Manager. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Init. AIA Document C132'° — 2009 (formerly B801 TM^CMa—1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 18 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Ovffier- shall provide pr-efessienal eredit fer the Genstfuetion Manager in the Owner's premetional .:-.o MWI t rR.RE UMMS-010- 7l. V,a IMMMIR M !rs�ra�aarae!s ns Ey t § 10.9 Voluntary and Knowing Action. The Construction Manager and Owner, by executing this Contract, state that they have carefully read this Contract and understand fully the contents hereof, that in executing this Contract they voluntarily accept all terms described in this Contract without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound hereby. 6 10.10 Independent Contractor Status. The Construction Manager, at all times and for all purposes hereunder, shall be an independent contractor and is not an employee of the Owner for any purpose. No statement contained in this Agreement shall be construed so as to find the Construction Manager to be an employee of the Owner, and the Construction Manager shall not be entitled to any of the rights, privileges, or benefits of employees of the Owner, including but not limited to, workers' compensation, health/death benefits, and indemnification for third -party personal injury/property damage claims. The Construction Manager acknowledges that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made fiom the payments due the Construction Manager hereunder, and that it is the Construction Manager's sole obligation to comply with the applicable provisions of all such Federal and State tax laws. The Construction Manager shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein. The Construction Manager is responsible for hiring sufficient workers to perform the services/duties required by this Agreement, withholding their taxes and paving all other emDlovment tax obligations on their behalf. 10.11 Mod if icationslAmendment. Anv alterations, variations. modifications, amendments or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and nd signed by authorized representative of the Owner and the Construction Manager. § 10.12 Records — Availability and Retention. Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, the Construction Manager agrees that the Owner, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the Init. AIA Document C132"' — 2009 (formerly B801 T'"CMa—1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 19 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No-7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) accounting practices and procedures of the Construction Manager and involve transactions relating to this Contract. Such records shall be retained for at least six years from the substantial completion date of the project. $ 1013 Compliance with Laws The Construction Manager shall comply with all Federal State and local laws statutes. ordinances rules and regulations now in effect or hereinafter adopted applicable to the services for which the Construction Manager is responsible under this Agreement. § 10.14 Non -Discrimination. The provisions of any law or ordinance relating to civil rights and discrimination applicable to the services for which the Construction Manager is responsible under this Agreement shall be considered part of this Agreement as if fully set forth herein. § 10.15 Data Practices. The Parties acknowledge that this Contract is subject to the applicable requirements of Minnesota's Government Data Practices Act (Act) Minnesota Statutes, Section 13.01 et seq. The Construction Manager agrees cooperate with the Owner with respect to the Owner's obligations to comply with the requirements of the Act. 6 10.16 No Waiver. Any Party's failure in any one or more instances to insist upon strict performance of an of f the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party's right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waivingPrty. § 10.17 Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability. § 10.18 Survivability. All covenants indemnities guarantees, releases, representations and warranties by any Party or Parties and any undischarged obligations of the Owner and the Construction Manager arising prior to the expiration of this Contract (whether by completion or earlier termination), shall survive such expiration. § 10.19 Force Majeure. The Parties shall each be excused from performance under this Contract while and to the extent that either of them are unable to perform for any cause beyond its reasonable control. Such causes shall include, but not be restricted to fire storm flood earthquake explosion war, epidemic or pandemic, total or partial failure of transportation or delivery facilities raw materials or supplies interruption of utilities or power, and an ay ct of government or military authority. In the event either Party is rendered unable whollyor r in part by force majeure to carry out its obligations under this Contract then the Party affected by force majeure shall give written notice with explanation to the other Party immediately. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) Compensation for Preconstruction Phase Services (Phase 1) shall be as lug sum of Zero Dollars and No Cents $0.00 . § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) Compensation for the Construction Phase Site Services and Fees (Phase 2) shall be a lump sum of Six Hundred Twenty One Thousand Five Hundred Forty Two Dollars and No Cents ($621,542.00). The Construction Management Site Services and Fee is based upon a 12 Month Construction Phase project time frame and may be adjusted as referenced in Article 1.1.4. Any changes in the project schedule Site Services or Fee consisting of additions, deletions or revisions will be submitted in written detail to the Owner for approval prior to the commencement of any work. Init. AIA Document C132` — 2009 (formerly B801 TMCMa — 1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 20 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Additional Services shall be billed in accordance with the attached Exhibit 1— 2020 Contract Billing Rates § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation) Additional Services shall be billed in accordance with the attached Exhibit 1— 2020 Contract Billing Rates and Exhibit 2 — Tools & Equipment Rental Rates § 11.4 Compensation for Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus One and Sixty -Five Tenths percent ( 1.65 %), or as otherwise stated below: N/A § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See the attached Exhibit I — 2020 Contract Billing Rates Employee or Category Rate ($0.00) § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; including miscellaneous travel and expenses; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and Site Office Equipment and Supplies; .11 Other similar Project -related expenditure—_. xpenditures; .12 Construction Collaboration Technology; .13 Project Superintendent Truck, Computer and Tools; .14 Umbrella Liability Insurance at a rate of 0.79%; .15 Bid Express Online Bidding Service, .16 General Conditions Expenditures. Init. AIA Document C132'" — 2009 (formerly B801 TIC Ma— 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 21 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents8 Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus three percent ( 3 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid thi (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. The provisions of the Municipal Prompt Payment Act Minn. Stat. § 471.425 ("PPA") shall govern late payments made under this Agreement. (Insert rate of monthly or annual interest agreed upon.) 9/--4% per annum. § 11.7.3 The Ownef shall not withhold ametints from the Construetien Manager's or liquidat@d damages en the Construetion Manager, or to offset sums requested by or paid to CentfaGter-s fer the E;ost of ehanges in the Work unless the ConstFuetion Manager- agr@es or has been found liable fer the aniounts in a binding dispute r@s lutie., py-eeeeding.-Reserved. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: § 12.1 DOCUSIGN ELECTRONIC SIGNING SYSTEM. The Construction Manager has an agreement with DocuSign, Inc. ("DocuSign") with respect to the DocuSign electronic signing system (the "DocuSign System"). The DocuSign System may be used to facilitate the administration and execution of the Owner's Construction Contracts with the Multiple Prime Contractors as well as various other Contract Documents requiring signatures. Should the Owner elect to have the Construction Manager use the DocuSign System with respect to any portion of the Project, the Owner acknowledges and agrees that (i) the Owner conducted its own independent investigation and evaluation as to all legal and other considerations related to its decision to use the DocuSign System on the Project, (ii) the Owner did not rely on any advice recommendations or representations of the Construction Manager in making the Owner's independent determination to use the DocuSign System on the Project, iii) the Construction Manager and DocuSign are not affiliated with each other and the Construction Manager does not warrant or guarantee any portion of the DocuSign System, (iv) the Construction Manager does not warrant or guarantee that the DocuSign system complies with or satisfies any legal requirements applicable to its use on the Project, and (v) to the fullest extent permitted by law, the Owner waives and shall hold harmless and indemnify the Construction Manager from and against, all claims, causes of action costs expenses and damages (including reasonable attorneys fees) arising out of or resulting from the use of the DocuSign Svstem on the Proiect. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C132T"t 2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A Init. AIA Document C132'"' — 2009 (formerly B801 TMCMa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 22 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents5 Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) .3 AIA Document E202Tm -2008, Building Information Modeling Protocol Exhibit, if completed, or the following: N/A .4 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement) Exhibit 1 — 2020 Contract Billing Rates Exhibit 2 — Tools & Equipment Rental Rates This Agreement is entered into as of the day and year first written above. City of Crystal Kraus -Anderson Construction Company OWNER (Signature) (Printed name and title) CONSTRUCTION MANAGER (Signature) Terrance P. Hart Vice President, Director of Operations (Printed name and title) Init. AIA Document C132"' — 2009 (formerly B801 TMCMa—1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 23 document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 12/1312020, is not for resale, is licensed for / one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) Certification of Document's Authenticity AIA° Document D401 TM -2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 12:41:05 ET on 10/05/2020 under Order No. 7449099792 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document C132TM — 2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) AIA Document D401 TM — 2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission This document was produced by AIA software at 12:41:05 ET on 10/05/2020 under Order No.7449099792 which expires on 1211312020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867862098) __________________________________________________________________________  FROM: John Sutter, Community Development Director TO: Anne Norris, City Manager (for Oct. 6 meeting) DATE: September 30, 2020 SUBJECT: Consider a resolution adopting 2021-2030 development goals to continue participation in Metropolitan Council’s Livable Communities program ___________________________________________________________________________________  The 1995 Metropolitan Livable Communities Act (LCA) established several incentive programs for development that helps Metropolitan Council achieve its regional goals. The city has been a participant since inception. Livable Communities Act programs: Tax Base Revitalization Account (TBRA) – Cleans up brownfields for redevelopment, job creation and housing for families with low to moderate incomes. In 2012, Crystal was awarded a $200,000 Tax Base Revitalization Account grant to cover asbestos abatement costs for demolition of Cavanagh School. Livable Communities Demonstration Account (LCDA) – Supports development and redevelopment that links housing, jobs and services while demonstrating efficient and cost- effective use of land and infrastructure. Local Housing Incentives Account (LHIA) – Produces and preserves housing choices for households with low to moderate incomes. Transit Oriented Development (TOD) – Catalyzes development around light rail, commuter rail, and high-frequency bus stations. To be eligible for LCA programs, cities must adopt affordable and life-cycle housing goals. In September 2010, the City Council adopted goals for 2011-2020. These are listed below, together with the actual new construction through the end of 2019: COUNCIL STAFF REPORT Metropolitan Council Livable Communities Program 6.5 To continue participating in the Livable Communities program, and to be eligible for LCA programs, the city needs to adopt, by resolution, new goals for 2021-2030: Staff comments: The new goals are identical to those approved by the City Council in the housing chapter of the Comprehensive Plan adopted in 2019, so the goals in the proposed resolution are consistent with the already-approved policy of the city. The city is likely to meet these goals in due course based on normal market factors. For example, Woda Cooper Companies is proposing a 53-unit mixed-income apartment building at 5232 West Broadway. This one development would fulfill the entire 10-year goal for affordable housing and more than half of the goal for life-cycle housing. There are no penalties if a city does not meet the goals. In addition to adopting the attached resolution, the city will need to do the following: •Continue to spend at least the Affordable and Lice-Cycle Housing Opportunity (ALHOA) amount established by Metropolitan Council on housing-related programs such as the city’s Home Improvement Grant program, which easily meets this goal. For example, the 2021 the ALHOA amount is $74,702 and the grant program budget is $223,000. •Adopt a Housing Action Plan in 2021, which will merely be a restatement of the housing policies and implementation items on pages 29-30 of our Comprehensive Plan. Attachments: A. Housing chapter from the Crystal Comprehensive Plan B. Resolution City Council adoption of the attached resolution is requested. 6.5 CITY OF CRYSTAL  2040ComprehensivePlan26  CHAPTERF:HOUSING Thehousingchapterdescribesthecurrenthousingtypesfoundinthecityandforecastschangesin thenumberofhousingunitsandpopulaƟonfortheplanningperiodthrough2040.Italsocontainsthe city’sgoalsandpoliciesrelatedtohousingpreservaƟonandnewdevelopment. EXISTINGHOUSINGCONDITIONS AsdescribedinchapterE,thecityhasfourclassiĮcaƟonsforresidenƟaldevelopment: x LowDensityResidential.Aminimumumof1unitperacre. x MediumDensityResidential.Aminimumof6unitsperacre. x HighDensityResidential.Aminimumof16unitsperacre. x MixedUse.ThemixedusecategorywillallowmultiͲfamilyresidentialataminimumdensity of25unitsperacre.Thecityexpectsthatapproximately50percentoflandwithinthis guidancewilldevelopasresidential. In2016MetropolitanCouncilconductedanexisƟnghousingassessmentforCrystal.Thefollowingare thoseĮndings,basedontotalhousingunitsof9,763andtotalhouseholdsof9,461: Aīordability: x 295unitsaffordabletohouseholdswithincomeatorbelow30%ofAverageMediumIncome (AMI) x 2,261unitsaffordabletohouseholdswithincome31%to50%of(AMI) x 6,624unitsaffordabletohouseholdswithincome51%to80%of(AMI).FigureFͲ1isamap identifyingestimatedmarketvalueforCrystalhomesin2018.Thosehomesatorbelow $243,500areaffordableforahouseholdearning80%AMI.  OwnerͲOccupiedversusrentalunits: x OwnerͲoccupied:6,866units(70%) x Rentalunits:2,897units(30%) Publicysubsidizedunits:215units CostͲburdenedhouseholds: x Incomeatorbelow30%ofAMI:790 x Income31to50%ofAMI:687 x Income51to80%ofAMI:733  HOUSINGNEEDS Oneofthemostimportantneedsistopreservethebulkofthecity’sexisƟng,relaƟvelyaīordable housingstockwhileencouragingdevelopmentofaddiƟonalhousingtomeetneedsnotaddressedby thecity’sexisƟnghousingstock. In2018ahousinggapsanalysis(AppendixE)wascompletedforfouroftheĮveciƟesalongthe proposed13ͲmilecorridorfortheextensionoftheBlueLineofthelightrailtransit(LRT)system.The extensionoftheLRTtransitserviceisdescribedinmoredetailinchapterJ.TheĮrstpartofthereport ATTACHMENT A6.5 CITY OF CRYSTAL  2040ComprehensivePlan27   FIGUREFͲ12018ESTIMATEDHOUSINGMARKETVALUES MAP  6.5 CITY OF CRYSTAL  2040ComprehensivePlan28  providedinformaƟonaboutexisƟngcondiƟonsaboutthecorridor,includingthetypesofexisƟng housinganddemographiccharacterisƟcs.OthersecƟonsofthereportincludeinterviewswithreal estateprofessionalandcommunitystakeholderstodeterminethefuturehousingneedsalongthe corridor. FortheproposedLRTBassLakeRoadstaƟoninCrystal,afuturehousingdemandof400Ͳ600unitswas idenƟĮedinthereport.ThishousingwouldbeprimarilymulƟfamilyintheformofrentalapartments, seniorhousing,andmulƟfamilycondominiums.WithseveralpotenƟalredevelopmentsiteswithinthe ½mileradiusofthestaƟon,thestaƟonareacouldaccommodatemostofCrystal’sprojected householdgrowththrough2040,andmeetthecity’sgoalofaminimumof25dwellingunitsperacre withintheproposedBassLakeRoadstaƟonarea.  TOOLSTO ADDRESSHOUSINGNEEDS ThefollowingareseveraltoolsthatcityhasusedandwillconƟnuetoconsiderusingtoaddress housingneedsatalllevelsofaīordabilitywithinthecommunity:  1. EconomicDevelopmentAuthority(EDA).ThecityhasanestablishedEDAthatfunctionsto addresshousingneedsintwocapacities.First,throughitslotsaleprograminwhichstructurally substandardorfunctionallyobsoletehomesarepurchased,thebuildingdemolished,andthelot soldfortheconstructionofanewhome.Second,theEDAprovideshomeimprovementassistance toresidentstomaintainandimprovetheirhomes.TheEDAwillcontinuetoparticipateinthese twoprograms. 2. MetropolitanLivableCommunityAct(LCA).Thecityparticipatesinthelivablecommunities programwhichisadministeredbytheMetropolitanCouncil.In2013LCAfundingwasusedto assistinthedevelopmentofa130Ͳunitaffordableseniorapartmentbuildingbyremoving hazardousasbestosmaterialfromthebuildingthatpreviouslyoccupiedthesite. 3. TaxIncrementFinancing(TIF).ThecityhasusedTIFfinancingtoadvancevariouscommercialand residentialprojects.MostrecentlyTIFfinancingwasusedfortheBassLakeRoadstreetscape improvementswithintheproposedBassLakeRoadLRTstationarea. 4. Zoningandsubdivisionordinances.In2018theCityCounciladoptedordinancestoreducelot sizesforsingleͲfamilyhomesandduplexesandtoallowaccessorydwellingunits,bothofwhich provideoptionsforcreatingnewandaffordablehousingoptions. 5. Rentallicensingandinspectionprograms.Thecity’sprogramhasbeenhelpfultopreservethe qualityofnaturallyoccurringaffordablerentalhousingthroughannuallicenserenewal,consistent codeenforcementandregularinspections,andeffectivehandlingoftenantcomplaints. 6. CenterforEnergyandtheEnvironment(CEE).ThecityparticipatesinCEEprogramsdesignedto preservethecity’saffordablehousingbyofferinghomeimprovementassistancetohouseholds below110%ofareamedianincome. 7. HousingbondsandLowIncomeHousingTaxCredits.ThecityhasactedasapassͲthroughfor housingbondsandlowincomehousingtaxcreditsformultipleprojects. 8. CommunityDevelopmentBlockGrantFunds(CDBG).Lowincomehomeownerswithhomerepair needsareeligibleforanoͲinterest,deferredloan.  ThefollowingaddiƟonaltoolsareavailabletoaddresshousingneeds.Thecitymayusesomeorallof thesetools,dependentuponaspeciĮcdevelopmentproject.ThecitywillmakeadeterminaƟonby theendof2027ifthesetoolswillbeusedornot.  1. Housingbonds 6.5 CITY OF CRYSTAL  2040ComprehensivePlan29  2.Taxabatement 3.ProgramsadministeredbytheU.S.DepartmentofHousingandUrbanDevelopment(HUD): a.HOMEInvestmentPartnerships b.ProjectBasedRentalAssistance 4.CommunityDevelopmentBlockGrantFunds(CDBG) 5.AffordableHousingIncentiveFund(AHIF)administeredbyHennepinCounty 6.HomesWithinReachandothercommunitylandtrusts 7.Siteassembly,eitherthroughthecity’sEDAorbypartneringwiththeLandBankTwinCities. 8.ConsolidatedRequestforProposalscoordinatedbytheMinnesotaHousingFinanceAgency 9.Providingaffordablehousingresourcesandreferralstoexistingorfutureresidentsincluding firsttimehomebuyer,downpaymentassistanceandforeclosurepreventionprograms 10.HousingImprovementAreas(seeMinnesotaStateStatutes,sections428A.11to428A.21) 11.ParticipationinhousingͲrelatedorganizations,partnershipsandinitiatives  HOUSINGPOLICIES 1.Preservemostofthecity’sexisƟngsinglefamilydetachedhouses.About75%ofthecity’shousing unitsaredetachedsinglefamilyhouses,andthesearerelaƟvelyaīordablewhencomparedto housesinothersuburbsintheTwin CiƟesmetropolitanregion.Thevastmajorityofthecity’s exisƟnghouseswillremain,makingpreservaƟoncriƟcallyimportant.PreservaƟonacƟviƟesmay includenotonlyrepairsandmaintenancebutalsomajorrenovaƟonsandaddiƟonsthat signiĮcantlytransformandupdateanexisƟnghouse. 2.Preservemostofthecity’sotherhousingtypes,suchastownhouses,duplexesandapartments, andalsoseekopportuniƟestoeliminateblighted,structurallysubstandardorfuncƟonally obsoleteproperƟes. 3.IncreasetheavailabilityofnewhousingofthetypecurrentlyunderrepresentedinCrystal’s housingstock,suchasmoveͲupsinglefamilyhouses,mulƟͲfamilyapartments,andsenior independentlivingrentalorcoͲopunits.Thispolicyrecognizesthatredevelopmentwillbe controlledandlimitedbymarketdemand,physicalconstraints,ĮnancialandpoliƟcalrealiƟes,and alimitedlegalenvironmentfortheuseofeminentdomain. 4.MetropolitanCouncilhasestablishedthecity’sshareoftheregion’sneededaddiƟonalaīordable housingfor2021Ͳ2030as25units.Thefollowingisabreakdownofthenumberoftheseunitsby areamedianincome(AMI): x Atorbelow30%ofAMI–14units x From31Ͳ50%ofAMIͲ1unit x From51Ͳ80%ofAMI–10units ThecityexpectstomeetthisneedwithconstrucƟonofaddiƟonalmulƟͲfamilyhousing. ConsistentwithTable EͲ4,thecityexpectsthat78acresoflandguidedasMixedUsewillbe availablefordevelopmentby2030.  HOUSINGIMPLEMENTATIONITEMS 1.ConƟnueparƟcipaƟonintheMetropolitanLivableCommuniƟesAct(LCA),includingcompliance withthe1995housinggoalsagreement.CrystalisalreadymeeƟngthegoalscontainedwithinthat agreement.Ifthehousinggoalsofthisprogramareamendedinthefuture,thecitywillconsider 6.5 CITY OF CRYSTAL  2040ComprehensivePlan30  howitmayconƟnuetoparƟcipateintheprogram.ThecitywillalsoconsideradopƟngaFair  HousingPolicywhenitconsidersconƟnuingLCAparƟcipaƟonforthe2021Ͳ2030decade. 2.Useregulatorytoolstoprotectlifeandproperty,andtopreservetheexisƟnghousingstock. Crystaliscurrentlyusingthefollowingregulatorytools: x Rentallicensingandinspectionsprogram. x Generalcodeenforcementactivitiestopromotecommunitymaintenanceandupkeep includingenforcementactionsnecessarytogaincompliancewithcitycode. x Continueincentivesforpreservationoftheofthecity’sexistingsinglefamilydetachedhouses. SpecificcityͲfundedprogramslimitedtohouseholdsbelow110%ofareamedianincome including: x Crystalgrantprogramwhichprovidesgrantsfor20%ofeligiblehomeimprovementcosts. x TheCommunityFixͲUpFund. BothprogramsareadministeredbytheCenterforEnergyandtheEnvironment,whichalso providestechnicalassistance. 3.Acquireblighted,structurallysubstandardandfuncƟonallyobsoleteresidenƟalpropertyfor demoliƟonandreplacementwithnewhousesinaccordancewiththecity’sEconomic DevelopmentAuthority’s(EDA)onͲgoingprogram,budgetparametersandmarketcondiƟons. 4.Work withdeveloperstoincorporatetheconstrucƟonofnewhousingconsistentwiththecity’s housinggoalsintoredevelopmentprojectsasappropriatefortheredevelopmentsite.Through thispolicy,thecityintendstomeettheneedfordevelopmentofatleast25newaīordableunits, and25dwellingunitsperacrewithintheproposedBassLakeRoadstaƟonarea,aswellasmeet newhousingneedsbasedondemographicprojecƟons.Itislikelythatsuchdevelopmentwould occurinoneormoreofthepotenƟalredevelopmentareasidenƟĮedinChapterE.Basedonthe assumeddensiƟesdescribedatthebeginningofthischapter,theaīordablehousingneedcould beaccommodatedononeortwopotenƟalredevelopmentsitestotalinglessthan10acres.The citywillconƟnuetoworkwithdeveloperstoĮndappropriatesitesforsuchhousingasmarket condiƟonsdictate. 5.AsroadwaycongesƟonconƟnuestoincrease,promoteCrystal’slocaƟonaladvantageasaĮrstring suburbancommunity,includingitsrelaƟveproximitytoemploymentconcentraƟons,acƟvity centersandregionalaƩracƟons. 6.5 CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020 - RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires that each municipality establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life- cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED THAT the City of Crystal: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2021 through 2030. ATTACHMENT B6.5 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2021 through 2030: Affordable Housing Goals Range Life-Cycle Housing Goal 14-25 100 3. Will prepare and submit to the Metropolitan Council a Housing Action Plan identifying the actions the city plans to take to meet its established housing goals. Adopted this ______ day of October, 2020. ____________________________________ Jim Adams, Mayor ____________________________________ Katrina Jones, Deputy City Clerk 6.5 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  REGULAR MEETING  TUESDAY, OCTOBER 6, 2020 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Consider approval of minutes from the September 1, 2020 meeting and work session 4. Public Hearing regarding the sale of 4741 Welcome Avenue North (continued from August 18, 2020 meeting) 5. Other business * 6. Adjournment * *Items for which no materials are included in the packet Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting Council Chambers September 1, 2020 1. Call to Order President LaRoche called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 6:45 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Julie Deshler, Therese Kiser, Nancy LaRoche and Olga Parsons. The following staff were present: Executive Director Anne Norris, Deputy Executive Director John Sutter and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Adams (Kiser) to approve the minutes of the August 18, 2020 regular meeting. Motion carried. 4. Resolution approving a preliminary 2021 budget and property tax levy and requesting City Council approval Mr. Sutter presented the proposed EDA property tax levy, budget and activities for 2021. Moved by Commissioner Deshler (Parsons) to adopt the resolution approving a preliminary 2021 budget and property tax levy and requesting City Council approval. Motion carried. 5. Other business. Mr. Sutter answered questions about the status of the fire-damaged strip mall at 5600 56th Ave. N. (Bass Lake Road). 6. Adjournment Moved by Commissioner Deshler (Budziszewski) to adjourn the meeting. Motion carried. The meeting adjourned at 6:51 p.m. Page 2 of 2 These minutes of the September 1, 2020 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Work Session Council Chambers September 1, 2020 1. Call to Order President LaRoche called the work session of the Economic Development Authority of the City of Crystal (EDA) to order at 7:55 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, Brendan Banks, John Budziszewski, Julie Deshler, Therese Kiser, Nancy LaRoche and Olga Parsons. The following staff were present: Executive Director Anne Norris and Deputy Executive Director John Sutter. 3. Discuss redevelopment example from Rosemount (The Morrison) Mr. Sutter presented information about The Morrison, a redevelopment project in Rosemount by Ron Clark Construction, and a potential similar project site in Crystal at 63xx-66xx 56th Ave. N. (Bass Lake Road). After EDA questions and discussion, the consensus was that the developer of The Morrison should prepare more specific information about the potential Crystal site for EDA review and consideration. 4. Update on Bass Lake Road business district technical assistance Mr. Sutter provided an update on a new Hennepin County business district assistance program. 5. Adjournment The work session adjourned at 8:30 p.m. Page 2 of 2 These minutes of the September 1, 2020 work session of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary     _____________________________________________________________________ FROM: John Sutter, Community Development Director TO: Anne Norris, City Manager (for October 6 EDA Meeting) DATE: October 1, 2020 RE: CONTINUED PUBLIC HEARING: Sale of 4741 Welcome Avenue North for construction of a new residential building   On August 18 the EDA opened and continued a public hearing for the sale of 4741 Welcome Ave N. Staff had previously issued a request for proposal (RFP) to sell the lot for a 2-6 unit residential building, but no proposals were received. At the public hearing, EDA directed staff to revise the time for construction from one year to two years, and to extend the proposal deadline to September 30 to provide additional time for builders to submit proposals. Despite the extended deadline and efforts to get more builders interested in purchasing the property, staff did not receive any proposals. There is no indication that the lot price is too high or that market demand has declined. We do know that the pandemic, a surge in the cost of building materials and general economic uncertainty is having an impact on builders’ interest in starting new projects at this time. STAFF RECOMMENDATION Staff recommends that the RFP be reissued on the city’s website with no deadline for submitting a proposal. Proposals would be reviewed and presented to the EDA on a first-come, first-served basis. If we have not received any proposals by spring 2021, then staff will propose alternate approaches for EDA consideration at that time. REQUESTED EDA ACTION: Presiding officer to ask if there is any public comment Presiding officer to close the public hearing EDA motion to reissue the RFP with no deadline as recommended by staff As before, staff will send an update letter to all property owners on the block and post an update to all Crystal neighborhoods on Nextdoor. EDA STAFF REPORT Lot Sale Public Hearing 4741 Welcome Avenue North  Please hand this form to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic 1 wish to addr"s is: Name: L. Zip Code: �� `�c Date:. Day Phone (optional : Email (optional): Thank you for your attendance and participation.   2018 Aerial Photo ▲ NORTH