The URL can be used to link to this page

Home My WebLink AboutFebruary 20, 2008 emergency wk sess mtgCITY OF COLUMBIA HEIGHTS 590 40'" Avenue \C, Columbia Heights, SIN 55421-3878 (763)706-3600 TDD (763) 706-3692 VisitottrrvehsiteaC rrx~rn.ri.coknnhirr-kri~•lrts.mrt.us Emergency Meeting ADMINISTRATION NOTICE OF CITY COUNCIL MEETING :~ ~ X ~C X h X Y 3. ~. ~ ~: to be held iJ~ the CITY OF COLUMBIA HEIGHTS as follotivs: Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: FEBRUARY 20, 2008 Time of Meeting: 7:00 A.M. Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: EMERGENCY WORK SESSION 1. Review of Gymnasium Joint Powers Agreement with School District 13 Dtacor (inn' L. l'ra•nrm Councilmcmbers Rnhcrl ,4. I {'illimrre Brecc .\'mr~rueki Tmm~u•ra Dirlun I3nrcr 1,"cl_rnbrrg C'ih'\lanaper {f`ulrcr R. Fehcl The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611 to make arl•angements. (TDD/706-3692 for deaf or hearing impaired only) -~ r ' r ~ ~ , . ~~ i i ;, .~ ~,~ - _ ~ GAR DROP-O~ ~ ~ J.~ ENTRANCE ~ r S _ __ __ BACK PARKING 0 0 ~ ~- 1 '~ FIELD i r ENTRANGE ~- r,, ~~jf CANOPY __,I ;1 EXISTING- 5GF-IDOL CORRIDOR EXISTING LOCKERS \\ .-~~~ ~I POOL _ x` ENTRANCE .. a `:I E Y,ISTING PC ~L _. ~__ - ~ - --, ~ - ~ ~ ,I. ~/ I LocKees ~~ .I ,.'t, I -i fII 1-I ~:r. II C ~ CANOPY ~ ~ o ^ ~ ' I I. .. .smr. ~. _ ~~ ~ -. '~I~~I J~,J ~ ~e eaFl - ~ ~~ ~ . ~~ ,'~I~e~~.~. ~~ ily _. ~~ _... t \\ i l , 5 ~~~ ENTRANCE ~ \\ ~~~ i ~, : r I ,'~ ~0. i ~`~ ~ ~ ~i, ~ i I '~f ~ ~~ ~ ~ ~ ~ ~; I ~J .,~ J v ~, C t -, ~ ~ lrll _. g fir/ ___ _ _ _ _r CANOPY U ~ ~ ~ X00 9O. Ft _ _. _ i CsYMNA5IUM BELOW G-ROUND 8'-O" TO SIDEWALK scuooL DROP-GP= MAIN PLAZA ENTRANCE MAIN PARKING- LOT _. __ _ - -- I -- +, 1, ~A ~`~; ~" n _ ~/ MAIN EVENTS ENTRANGE 7 , T, ~~ ~l[. ~~I COMMUNITY ENTRANCE DURING SCHOOL u0UR5 h e s ~;'~ II - y .p• I ---~ ~ I i Y i I i 15'-IO' TO SET BACK I I _ I I _ ~ DI:V fTTER D P.SIGN 02.13.04 COLUMI31n HEIGHTS GYMNASIUfv1 ADDITION VrksioNNo.3 MAIN FLOOR PLAN -} ~ ~ rr, I ~ PERSP>rcTlvE 1 DGVGTTBR COLU7,4BIA HEIGHTS CiYNINASIUA9 ADDITION PERSPECTIVES o?.oi.os 1'ertsiov Nu. ~ DG9G7; v = =-~. .. __ ~~ - : - - . ,, ~ 1. -- .~ ~ _~ ''' PERSPECTIVE 2 D I: V L'I'"I' L 12 DCSIGN "~ "` PERSPEC~rIVE 3 P~RSPecI~IVE 4 COLUMBIA HEIGHTS GYMNASIUM ADDITION PERSPECTIVES 1~ = _.~_ _ ~T ~~ 02.0 I.OS Vuusiuu No.l JOINT POWERS AGREEMENT ~r , ,, ~~`~ . , -+~ ~~ _ between the CITY OF COLUMBIA HEIGHTS and INDEPENDENT SCHOOL DISTRICT NO. 13 THIS AGREEMENT is made by and between the City of Columbia Heights, a Mirulesota municipal corporation ("the City"), and Independent School District No. 13, a Minnesota municipal corporation ("the District"), collective referred to herein as "the Parties" and individually as a ``Party." Article 1 Enabling Authority Miiuiesota Statutes section 471.59 provides that t<vo or more governmental units may by agreement jointly exercise any power connnon to the contracting parties. Minnesota Statute sections 123B.02 and 123B.51 provide school districts with authority to construct school buildiligs and utilize them for conununity recreational purposes. Mirulesota Statutes sections 471.15-.191 provide school districts and cities with authority to acquire and operate facilities for community recreational programs. Article 2 Purpose The Parties desire to establish a mechanism whereby they may jointly exercise powers connnon to each participating Party concerning the following: A. The construction, maintenance and operation of recreational facilities on the current District campus at 1400 49`l' Avenue, N.E. in Columbia Heights. The location and extent of the recreational facilities is indicated on the attached Elhibit A (``Facilities''). Said Facilities include t~vo new gymnasiums, an exercise room and related areas. B. Provide other similar or related services and programs as determined by the Parties. Nothing in this Agreement shall act as a waiver by a participating Party of its ilidividual power and legal authority to provide recreational facilities. Article 3 NaYYle The name of this joint powers entity shall be the Columbia Heights Recreational Cooperative ("CHRC"). Article 4 Governance 4.1 The Parties shall govern and control the Facilities as provided withili this Agreement. There shall be no joint powers board. 4.2 The City aclalowledges that the Facilities are situated entirely upon the District's land and adjoin the Senior High School, and that a large portion of the Facilities, including one gymnasium, an exercise room and associated facilities will be primarily, but not exclusively, utilized for educational puYposes, including related extracurricular and co-curricular activities. Consequently, the District shall have physical control of the Facilities except as provided herein. 4.3 The District aclalowledges that a portion of the Facilities, including one gymnasium, is financed by the City and intended to be utilized primarily by the community at large. Subject to the District's need to maintain safety and security for its students, staff and property, access to and use of said portion of the Facilities is to be determined by the City as further set forth in this Agreement. 4.4 There shall be a Facilities Committee composed of six members, three from each Party. The Facilities Committee is not a joint powers board and serves in an advisory capacity only. The members shall seYVe at the discretion of the PaY-ty appointing their to the Committee. The Committee shall meet at least quarterly, with additional meetings held at the discretion of the Committee. The purpose of the Facilities Committee is to: 4.4.1 Receive input from each Party and their respective agents and employees on issues relating to the operation of the Facilities. 4.4.2 Draft policies, guidelines or rules for the operation of the Facilities and convey said draft policies, guidelines or rules to the City Council and School Board for review and approval. 4.4.3 Report to the Superintendent and City Manager on the status and usage of the Facilities so as to keep the Parties properly informed. 4.4.4 Mediate any disputes arising between the Parties concerning the operation of the Facilities. The Conunittee shall report to the City Manager and the Superintendent the existence and status of any dispute as well as any proposed resolution. 4 ~ In the event that the Parties can not or do not resolve disputes informally as provided in this Agreement the matter shall be referred to a third party mediator~ointly chosen by the Parties. The cost of mediation shall be shared equally by the Parties If mediation is unsuccessful, either party may within 30 days following mediation serve upon the other party a written demand for arbitration. Said service shall be in the same manner as prescribed by the Minnesota Rules of Civil Procedure and shall set forth the issue(s) to be arbitrated The Parties shall agree upon the arbitrator within 30 days of service of the demand The arbitration process (conducting discovery motions etc) shall be stipulated by the Parties, or if no agreement may be reached shall be determined by the arbitrator(s). The cost of the arbitrator(s) shall be shared equally by the Parties. The decision rendered b_y the arbitrator(s) shall be binding and not appealable. Except as otherwise provided herein any arbitration shall be subject to the Minnesota Uniform Arbitration Act. Article 5 Management of Facilities 5.1 Control and Access. 5.1.1 Access to the entire Facilities shall be controlled via the District's electronic card key system or other District security system as determined by the District. No independent security or access system, including manual door locks, shall be utilized without permission from the District. The District shall have whatever master keys or cards are necessary to allow District personnel fiill access to the entire Facilities as needed for the purposes of inspection, maintenance and security. This paragraph is not intended to expand or alter the District's actual use of the Facilities by students and/or District staff as otherwise set forth in this Agreement. 5.1.2 The City shall have full, independent access to the City Gym and related areas, as indicated in Exhibit A. Except as otherwise provided in this Article, the City shall have the exclusive right to control the usage of the City Gym and related areas, subject to District policies and state law insofar as they regulate the use of public school property, including but not limited to, restrictions on smoking, alcohol and weapons. 5.1.3 The District shall have full, independent access and control of the District Gym, Exercise Room and related areas, as indicated on Exhibit A. 5.2 Maintenance. 5.2.1 Following final completion and acceptance of the Facilities, including all commissioning and startup work, the District shall mallltalll lh~ I~L~I~'I~l ?V~~i11 _tilij i~~ll;l~~'CI ~iItL1S_ ?7~i1 l~l~.' ~ iii' ~~h~l~l Inaint~~irl the City aym and ~~~lat~~'. u_ _', ~-~, .;~',• ',,,'~ ', _' „- .,,.. `'`~,,,, ~• ,_~ ,,~~ In the event them= ~Ir~~_~=it~~~ ,any =~~• - concerns or issues with the 1 `i ~, ~ i ~ :~ maintenance of the ~, ~ ~~ ~ ;~~ ~'i1 =, „~,t ~ ~,~ ~~~~~_~liti~~~, the~~art~ >>.iih c~~alc~arrl~_~hall eont<<ritil~~ representative for the other ~~~arty and seek resolution. The 1'f~hl~~~~'l~fLlt]V C f(lr t~1C ~jjlhJ~l 1~_ ~-~;~-'; _} I} 't'~11 .,::+: ~? the - - '' District Director of Business Services. hhe re>>rtsentati~ e fir tl~~ i ~ i,_th ~ ~~ i t~~ '~. i ~~ ~~ ~l ~_~ ~~• If a concern or issue remains unresolved, it shall be refe>.->,•ed to the Facilities Conunittee. ~ u a ~. t- Q. al.~ ~ 7nn0 t} v (l•+, }, I} Y J• t}, ~~c+r•n+ jf__2'T'i ~eEe~~ ~ n n o ,a me Tl ,. } t } o ~ ~ t} D ,-t' S } } 1 > > 5.2..}? In the event that non-routine repairs or maintenance of the City Gym and related areas is necessary, and said work is estimated to cost less than $500, the Dish•ict shall provide written notice of said work to the City Manager at least three days before undertaking the work. The District shall invoice the City for the actual cost of the work, including the cost of District personnel, if any. Said invoice shall be paid within 30 days of the date of the invoice. 5.2.1 ~ In the event repair or maintenance of the City Gym and/or related areas will result in an estimated expenditure of $500 or more, such repair or maintenance shall not proceed until written notice is given to the City Manager and the proposed work is approved by the City Council. =-1 5.2.~~ Notwithstanding Paragraphs 5.2.3 and 5.2.4, in case of emergency, where damage to person or property is imminent or is of such likelihood and urgency that approval by the City is not practicable, notice shall be given to the City Manager as soon as reasonably possible and the District shall take such steps as are reasonably necessary to eliminate the tlueat of damage to person or property. The District shall invoice the City for the actual cost of the work, including the cost of District persoiulel, if any. Said invoice shall be paid within 30 days from the date of the invoice. 5.3 Scheduling. 5.3.1 The City shall schedule the use of the City Gym and related facilities. The City shall provide the District with the City's schedule semi-amlually, on January 15ti~ and July 1St, for review by the District for compliance with District policies. The District's approval of the schedule shall not be unreasonably withheld. The City's schedule shall be deemed approved by the District unless the District provides the City Manager with written objections within ttvo weeks after receipt of the schedule. 5.3.2 If the City desires to have community access to the District's exercise room within the Facilities, the City shall consult with the District's Director of Business Services and then propose a schedule pursuant to the timelines set forth in Paragraph 5.3.1. 5.3.3 Except as otherwise provided herein, the District shall schedule the use of the District Gym, Exercise Room and related facilities. x.3.4 The City may request access to the District's Gym, Exercise Room and related facilities, and the District may request access to the City's Gym and related facilities, for special events, tournaments, etc. Such requests shall be made pursuant to the timelines set forth in Paragraph 5.3.1 or by special request at least 60 days in advance of the event. Neither Party guarantees availability of their respective facilities for such events, but shall endeavor to make their facilities available to the extent practicable and appropriate. 5 3 4 lIn the event that one Party is utilizing the other Party's CJym and/or related areas the Party utilizing said space shall provide ~Uropriate and reasonable s~eivision of the users. Said supervisory,Uersonnel shall be trained as necessary to J clean up blood-born pathogens and other bodily fluids in accordance with District policy and state and federal law. 5 3 4 2 In the event that that the City utilizes the District's Gym and/or related areas at a time when said facilities are not being used by the District and a properly certified District employee is not otherwise scheduled to undertake a boiler check the cost of said boiler check if necessary. shall be Uaid for by the City and invoiced on a monthly basis. x.4.3.3 The District shall av the City ~ er day, or ortio» thereof. for use of the City Gym and related facilities. TIZe City shall av the District $ er day, or ~_~~~rii~~~~~~~ ~',-4`r~~~~i~~ for use of the District Gym and related faciliti~ ~,._ 5.4 Utilities. 5.4.1 For heating, ventilation and air conditioning, the Facilities shall be served by a combination of the District's existing boilers and new roof top units. To the extent that the City's Gyro and related facilities are serviced by the District's equipment, the cost of providing those HVAC services shall be paid by the City. The cost shall be calculated by dividing the square footage of the City's Gym and related facilities by the total square footage of the Facilities and applying that percentage to the Facility HVAC costs. 5.4.2 The City Gym and related facilities shall have its own electrical meter. The City shall either pay the electric company directly or pay the District based upon the actual cost imposed by the electric company. The District shall endeavor to exclude the Facilities from Excel's `Brown-out" program. In the event the Facilities are not excluded, the City Gym and related facilities shall be subject to the program's requirements and restrictions. 5.4.3 Water shall be provided to the Facilities by the District without cost to the City. 5.4.4 All telephone and low voltage wiring desired by the City within the City Gym and related facilities shall be installed at the City's cost but compatible with the District's existing low voltage systems. In the event the City desires one or more phones within the City Gym and related facilities, said phones shall be fizlly compatible with the 6 District's phone system. All monthly phone costs resulting from services requested by the City shall be paid by the City. 5.4.5 All utility costs for which the City is responsible shall be invoiced to the City on a monthly basis. The City shall pay the invoices within 30 days of the date of the invoice. 5 4 ~ In the event that any utility equipment that is utilized by both Parties, including but not limited to boilers and other HVAC equipment, Is In need of repair or replacement the Parties shall split the cost of the repair or replacement Each Parts respective share shall be calculated on the basis of square footage in the manner set forth in cPrtinn 5 4 1 5.5 Parkin. The District shall designate all or a portion of the westermnost parl{Inglot ~l`~_'~'~C11 ilti_~_~ j'~ ~ii~l~l_3 I.~i!~~'; 111 I~i~ ~W~'ili~'L ~~~;li~.lll~_' ~l)~. On the north side of 4911' Street as the location for parking for those who utilize the City Gym and related facilities for community recreation._l~l~,° ~_'t~ ~_hall ~,rc~i i~iL~ _~11_~r<1rh~u~y~._~;1 11~; 1~ '~_~~~1n-, n~c~_~;~~r~° I~>i ~.~11~j ~-~_~.rl:in~, and shall be - -. T~ti~~l>1~511~~t' 111 ~L~l~ll11~`.? ~'~11 1~~ii"~~ll1f~ I~.U~1Clll`h,1 1~1(" I~1O~~_'~~~111~117n c~T~HS. All other District parking lots and private roads or drives shall continue to be utilized exclusively for District staff, students and guests. Article 6 Insurance and Liability 6.1 The District shall provide property and general liability coverage for the Facilities up to the limits contained in Milulesota Statutes section 466.04, as amended. The premium costs of providing said insurance coverage shall be apportioned between the District and the City based upon the each Party's square footage of their respective portion of the Facilities. The Party responsible for the cost of deductibles and uncovered claims or losses shall be determined by the location where the damage or injury occurred and the Party who controlled the premises or activity at the time the damage or injury occurred. Property damage and personal injuries occurring within the City Gym and related facilities are presumed to be the responsibility of the City, and property damage and personal injuries occurring in the remainder of the Facilities are presumed to be the responsibility of the District, unless one Party was utilizing or othel-wise exerting control over the activities in the other Party's facilities. 7 6.2 Notwithstanding any other provision of this Agreement, each Party shall be responsible for injuries to its own employees to the extent required by law. Each Party will maintain workers' compensation insurance or self- insurance covering its own employees while they are providing services within the Facilities. Each Party waives the right to sue the other Party for any workers' compensation benefits paid to its own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its employees. 6.3 To the fiill extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Miiulesota Statutes section 471.59, subdivision la(a); provided fiirther that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. The Parties to this Agreement are not liable for the acts or omissions of the other Party to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Party. Article 7 Facility Funding and Construction 7.1 The plans and specifications for construction of the Facilities shall be approved by the School Board and the City Council prior to any work commencing on the project. All substantial modifications to the approved Facilities design that occur during construction shall be approved by both Parties in a timely manner so as not to uiueasonably delay the project. Oversight and management of die construction project shall be undertaken by the District. 7.2 The initial cost of constructing the Facilities shall be born by both Parties, with the City contributing l~i~ t~> $3.5 million and the District contributing up to $4.4 million ("Construction Funds''). Additional City contributions to the initial construction cost shall be made only after Cite approval of the additional cost. 7.3 The plans, specifications and division of costs for all subsequent capital improvement projects concerning the Facilities shall be approved by the governing Uodies of both Parties prior to construction of the capital improvements. 8 7.4 Each party shall establish and maintain a dedicated Capital Improvement Fund ("CIF") for their respective portions of the Facilities. The Parties shall contribute $ per to their respective CIFs to fund future improvements to the Facilities. To the extent any Construction Funds remain following final completion of the Facilities, the remaining portion of each Party's funds shall be deposited in the Party's respective CIF. 7.5 CHRC shall not have authority to issue bonds or othei-~vise incur debt. Article ~ Term This Agreement shall commence upon approval of the govei7ling body of each Party and signature of the official(s) with authority to bind the Party. This Agreement shall remain in effect until rescinded or terminated in accordance with the terms contained herein. Article 9 Withdrawal and Termination 9.1 The City may unilaterally withdraw from the CHRC by giving the District 180 days written notice of said withdrawal. Upon the expiration of the 180 days, the City shall be deemed withdrawn, the CHRC shall be terminated, all invoices and debt owed by the City to the District under this Agreement shall be paid in full, and the City shall relinquish all rights to, and interest in, the Facilities. Any personal property belonging to the City within the Facilities, but not permanently affixed thereto, shall be removed by the City or forfeited to the District. Upon request, the City shall furnish the District with a quit claim deed and/or a bill of sale for the Facilities and property contained therein. 9.2 The District may withdraw from the CHRC only for cause due to (i) breach of this Agreement by the City, or (ii) due to other acts or omissions by the City or its employees or agents that unreasonably interfere with the District's ability to reasonably utilize the District Gym, Exercise Room and/or related facilities. Such withdrawal by the Dish~ict shall occur only after (i) giving 180 days written notice to the City of the intent to withdraw and the reasons therefore; and (ii) before or during the 180-day notice period, attempting to resolve any defaults or disputes through discussions with the Facilities Committee or tluough mediation. In the event the default or unreasonable interference is not remedied and the 180-day notice period expires, the District shall be deemed withdrawn, the CHRC shall be terminated, all invoices and debt owed by the City to the District under this 9 Agreement shall be paid in full, and the City shall relinquish all rights to, and interest in, the Facilities. Any personal property belonging to the City within the Facilities, but not permanently affixed thereto, shall be removed by the City or forfeited to the District. Upon request, the City shall furnish the District with a quit claim deed and/or a bill of sale for the Facilities and property contained therein. 10 IN WITNESS WEREOF, the Parties have caused this Agreement to be executed by the persons authorized to act for their respective Parties on the date shown below. City of Columbia Heights By: Gary L. Peterson, Mayor By: City Clerlc Date: Independent School District No. 13 By: _ By: _ Date: 11 Missy Lee, School Board Chair Clerk LAND LEASE This Land Lease made this 24 day of MaY , 1999, by and between the City of Columbia Heights, a public body corporate and politic, hereinafter designated and refPrrPd to as T.anrllorc_l; and Southern Anoka Co>>?ity C~omint~nity Assistance, lnc , a Minnesota non-profit corporation, hereinafter designated and referred to as Tenant. WITNESSETH: That said Landlord in consideration of the rents and covenants hereinafter mentioned, to be paid and performed by said Tenant, does hereby lease and let unto the said Tenant, and the said Tenant hereby Hire and take from the said Landlord, the following described land situate in the City of Columbia Heights, County of Anoka, State of Miiulesota, to- wit: Lots 40, 41, 42 and 43 including half the vacated alley lying adjacent thereto, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. To have and to hold the above premises without any liability or obligation on the part of said Landlord of making any alterations, improvements or repairs of any kind on or about said premises, except as provided in paragraph 8 herein for the terns of thirty (30) years from and after the 24 day of MaY , 1999, to the 24 day of Ma.y , 2029, both dates inclusive, for the following purposes and for no other purposes, to-wit: for the operation of a food shelf and related community assistance. Said operation will include the construction of a ne~v building on said property, which building shall be constructed at the sole expense of Tenant and which ownership shall remain with Tenant and survive the expiration or termination of this Lease, except as provided for in paragraph 8 herein. And said Tenant agrees to and with said Landlord to pay the Landlord as rent for the above mentioned land the sum of One Dollar ($1.00), payable in advance on the first day of each and every year for and during the full term of this Lease, at the office of the Finance Director for the City of Columbia Heights. That said Tenant also covenants and agrees with the Landlord as follows: 1. Lawful Use. That Tenant will not use said premises or pern~it the same or any part thereof to be used for any purpose contrary to tl~e laws, ordinances or regulations of the United States of America, or the State of Minnesota, or the City of Columbia Heights. 2. Utilities. Tenant further covenants and agrees to promptly pay all rates, costs and charges for all utilities, including but not limited to sanitary sewer, storm sewer, water, gas, electric, cable and garbage. 3. Liability. The Tenant further agrees that the Landlord shall not be liable for any damage, either to person or persons or property or the loss of property sustained by the Tenant, or by any other person or persons due to any act or neglect of the Tenant, or any Tenant or occupant of said building, or of any other person, persons or corporations. Tenant shall maintain personal injury/liability insurance on said property at all times during the term of this Lease, with said insurance to provide a minimum coverage as set forth in Minnesota Statute 5466.04, and as hereinafter amended from time to time. Tenant shall also provide property damage insurance coverage in an amount at least equal to the value of the improvements thereon. 4. Hold Harmless/Indemnification. That Tenant assumes all liability and obligation for all datnages on account of the matters and things above referred to, and agrees to save the La~ldlord harmless thereon and therefrom, and to indemnify the Landlord on account thereof. 5. Notice. Any notice from the Landlord to the Tenant, relating to said premises or the occupancy thereof, shall be served in a manner consistent with service of process as set forth in the Minnesota District Court Rules of Civil Procedure. 6. Assignment and Subletting. Tenant may not assign this Lease, lease the premises to anyone else (sublet), sell this Lease or permit any other person to use the premises without tl~e prior written consent of the Landlord. If Tenant does any of these things, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlord's pernission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or sublease. 7. Site Preparation. At the time of execution of this Lease, Landlord has awarded a contract for the demolition of the existing structure on said premises. It is understood and agreed between the parties that Landlord will pay for said demolition pursuant to its contractual obligation. However, Tenant hereby agrees to reimburse Landlord for La~idlord's contractual cost of demolition, NOT TO EXCEED $5,000.00. 8. Expiration of Lease Term. At the expiration of the lease term as previously set forth herein, Landlord shall have the following options as regards the Tenant improvements made upon the property (i.e. building): (1) extend this Lease for a terns to be determined by mutual agreement of the parties; (2) purchase said Tenant improvements for the fair market value then established by mutual appraisal or such other amount as mutually agreed to between the parties; or (3) sell said demised premises to Tenant for the fair market value they established by mutual appraisal, or such other amount as mutually agreed to between the parties. 9. Property Maintenance. Tenant agrees that during the terns of this Lease, it shall be solely responsible for the maintenance and general upkeep of said premises. 10. Default. If Tenant violates any agreement of this Lease, Landlord shall notify Tenant in writing of said violation. Tenant shall thereafter have 90 days to cure said violation or such other time period as the parties mutually agree. If tenant does not do so, Landlord shall have the right to accelerate the expiration of this Lease term and exercise its rights set forth in paragraph 8 herein. In no event shall Landlord have the right to terminate this Lease except by exercising one of the options set forth in said paragraph 8. 11. Parking Agreement. Tenant agrees that during the tern of this Lease, the existing parking spaces located on the east side of said Premises shall be used exclusively by Landlord. 2 Tenant shall take all steps necessary to insure that none of its employees, volunteers or clients use said parking spaces during the term of this Lease. If at the expiration of this Lease the parties hereto agree that Tenant will purchase tl~e Premises pursuant to Paragraph 8(3), then as a condition of any such transaction, Tenant agrees to execute and deliver to Landlord a perpetual parking easen.ent for tl.e use b~, T anruilnrii of the exlst.t.g parking spaces. J PATRICIA V. MUSCOVITZ NOTAP.Y PUBLIC - t. NNESOTA My Comm. Exp. Jan. 31, 20oC STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 23 day of STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) TENANT: _~ ~~~ ~lotary Public The foregoing instrument was acknowledged before me this 23 day of 1999, by Walter R. Fehst ?~OT,;:= 't.lt't(C - !. NNESOTA a•r !'~,. ^,. ~Yp. Jan. 31, 2000 STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) V. otary Public The foregoing instrument was acknowledged before me this 23 day of June , 1999, by Jim Hoeft PATRIC•IA V. FhUSCOVITZ ~~>~ NOTARY PUBLIC - t. NNESOTA ~#~.~,+~ My Comm. Exp. Jen. 31, 20 otary Public `~~;~, 3 DOCUMENT DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 (612) 780-8500 (JDH) 5203 1 4) Approval of Chance Order No. 1 for Striping on Central Avenue This item was removed from the master agenda. 5) Authorization to Purchase Auto/CAD Land Development The Council authorized staff to purchase one license of Auto/CAD Land Development with the Civil, Survey and VIP Packages from Taylor Technologies for a total cost of $6,341.00 with funds allocated from 101-43100-5170. 6) Security Guard Services The Council authorized the Mayor and City Manager to enter into an agreement with Avalon Security Corporation to provide security services to the municipal liquor stores. 7) Bad Check Recovery The Council authorized the Mayor and City Manager to enter into an agreement with National Recoveries, Inc. for check collection services. 8) Establish New Salary Range for Police Captain The Council established a new monthly salary range for the position of Police Captain for new hires to the position as follows: 1999 Proposed: $4,499, 6 months, $4,653, 1 year, j $4,806, 2 years, $4,960, 3 years, $5,113; 2000 Proposed: entry $4,657, 6 months, $4,816, 1 year $4,974, 2 years, $5,133 and 3 years, $5,292. ~'I 9) Request Authorization to Award Bid for 1999 Jamboree Fireworks '~ The Council awarded the bid for the 1999 fireworks display scheduled for June 26, 1999, to Melrose Pyrotechnics fora $6,000 fireworks display with $2,000 appropriated from '~ Fund 101-45050-4378. 10) SACA Land Lease, Site Plan, Rezoning The Council directed staff to 1) initiate the re-zoning of property at 627 38`~ Avenue from R-3, Multiple Family District to I, Industrial District, 2) to refer the revised site plan to the Planning and Zoning Commission for reconsideration, 3) to direct staff to initiate any necessary changes to the Comprehensive Plan to accommodate this change in use and zoning designation, and 4) authorize the Mayor and City Manager to enter into a Land Lease Agreement and other documentation necessary to implement this change. 11) Permits for 1999 Jamboree The Council authorized staff to close Jefferson Street from Monday afternoon, June 21, 1999 through Sunday, June 27, 1999. The Council authorized the Police Department to issue a parade permit for the Jamboree Parade to beheld on Friday, June 25, 1999 at 6:30 p.m. for the following streets: Central Avenue at 45`~ Avenue to 40~' Avenue; west on 40~' Avenue to 5~' Street and 5~' Street to Mill Street. , -2- if ~ OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 24, 1999 1. CALL TO ORDERlROLL CALL The Council Meeting was called to order by Mayor Peterson at 7:05 p.m. Present were Mayor Peterson and Councilmembers Szurek, Jolly, Wyckoff and Hunter. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA Councilmember Jolly requested item 4-A-15 "Establishing Council Work Sessions" be removed from the consent agenda for discussion. Councilmember Szurek inquired if item 4-A-10 "SAGA Land Lease, Site Plan, Rezoning" included a review of the site plan. Staff advised this item will be reviewed by the Planning and Zoning Commission at its June 15t meeting with a new site plan. A resident requested items 4-A-21 and 4-A-22 regarding the Housing Enforcement Official be removed from the agenda for later discussion. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the consent agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Motion by Jolly, second by Szurek to approve the consent agenda as follows: 1) Minutes for Approval The Council approved the minutes of the May 10, 1999 Regular Council Meeting as presented. 2) Renewal of Association of Metropolitan Municipalities Membership and Payment of Dues The Council approved the membership of the City of Columbia Heights in the Association of Metropolitan Municipalities with the payment of dues in the amount of $2,500 for half of the year to come from Fund 101-41110-4300. 3) Authorization to Seek Bids for Lishtina and Electrical Ugerades for the Municipal Service Center Basement The Council authorized staff to seek bids for upgrading the Municipal Service Center basement lighting and electrical. -1- COMMUNITY DEVELOPMENT DATE: JUNE 25, 1999 TlTT T\TT T1 l1TAT '1~0: W1LL1A1Vl E'LRIlE, F'll'VAl~I,~ Lltci',t.,lvtc ETH R ANDERSON COMMUNITY DEVELOPMENT DIRECTOR FROM: KENN RE: SAGA LAND LEASE. Attached please find an original signed copy of the Land Lease Agreement between the City of Columbia Heights and Southern Anoka County Community Assistance, Inc. for the property at 627 38th Avenue, NE, in Columbia Heights. An original will also be sent to Anoka County for recording purposes. If you have any questions, please feel free to call me. c: Jim Hoeft Anoka County Joe Holtman, Project file Property file Day file h:\sacalandlease ._° _ _ v= ... CC•eC:7nj7 ~~~ ~ 'lu i~e ~e ~~"~~' j f LAND LEASE AGREEMENT RELATING TO 627 3 8TH AVENUE NE CERTIFICATE OF TITLE NO. 3 8 3 22 BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND SOUTHERN ANOKA COMMUNITY ASSISTANCE, INC. LAND LEASE This Land Lease made this 24`x' day of May, 1999, by and between the City of Columbia Heights, a public body corporate and politic, hereinafter designated and referred to as Landlord, and ~piithPrn Annka (=nmiriiinity Assistance; Tnr_._; a Minnesota nnn-l~roft corpnratinn; hereinafter designated and referred to as Tenant. WITNESSETH: That said Landlord in consideration of the rents a~ld covenants ]~ereiuafter mentioned, to be paid and performed by said Tenant, does hereby lease acid let unto the said Tenant, and the said Tenant hereby hire and take from the said Landlord, the following described land situate in the City of Columbia Heights, County of Anoka, State of Minnesota, to- wit: Lots 40, 41, 42 and 43 including half the vacated alley lying adjacent thereto, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Mirv~esota. To have and to hold the above premises without any liability or obligation on the part of said Landlord of making any alterations, improvements or repairs of any kind on or about said premises, except as provided in paragraph 8 herein for the term of thirty (30) years from and after the 24th day of May, 1999, to the 24th day of May, 2029, both dates inclusive, for the following purposes and for no other purposes, to-wit: for the operation of a food shelf and related community assistance. Said operation will include the construction of a new building on said property, which building shall be constructed at the sole expense of Tenant and which ownership shall remain with Tenant and survive the expiration or termination of this Lease, except as provided for in paragraph 8 herein. And said Tenant agrees to and with said Landlord to pay the Landlord as rent for the above mentioned land the sum of One Dollar ($1.00), payable in advance on the first day of each and every year for and during the full term of this Lease, at the office of the Finance Director for the City of Columbia Heights. That said Tenant also covenants and agrees with the Landlord as follows: 1. Lawful Use. That Tenant will not use said premises or permit the same or any part thereof to be used for any purpose contrary to the laws, ordinances or regulatio~ls of the United States of America, or the State of Minnesota, or the City of Columbia Heights. 2. Utilities. Tenant further covenants and agrees to promptly pay all rates, costs and charges for all utilities, including but not limited to sanitary sewer, storm sewer, water, gas, electric, cable and garbage. 3. Liability. The Tenant further agrees that the Landlord shall not be liable for any damage, either to person or persons or property or the loss of property sustained by the Tenant, or by any other person or persons due to any act or neglect of the Tenant, or any Tenant or occupant of said building, or of any other person, persons or corporations. Tenant shall maintain personal injury/liability insurance on said property at all times during the term of this Lease, with said insurance to provide a minimum coverage as set forth in Miimesota Statute §466.04, and as hereinafter amended from time to time. Tenant shall also provide property damage insurance coverage in an amount at least equal to the value of the improvements thereon. 4. Hold Harmless/Indemnification. That Tenant assumes all liability and obligation for all damages on account of the matters and things above refer•ed to, and agrees to save the Landlord harmless thereon and therefrom, and to indenvlify the Landlord on account thereof. 5. Notice. Any notice from tl~e Landlord to the Tenant, relating to said premises or the occupancy thereof, shall be served in a manner consistent with service of process as set forth in the Miimesota District Court Rules of Civil Procedure. 6. Assignment and Subletting. Tenant may not assign this Lease, lease the premises to anyone else (sublet), sell this Lease or permit any other person to use the premises without the prior written consent of the Landlord. If Tenant does any of these things, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlord's permission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or sublease. 7. Site Preparation. At the time of execution of this Lease, Landlord has awarded a contract for the demolition of the existing structure on said premises. It is understood and agreed between the parties that Landlord will pay for said demolition pursuant to its contractual obligation. However, Tenant hereby agrees to reimburse Landlord for Landlord's contractual cost of demolition, NOT TO EXCEED $5,000.00. 8. Expiration of Lease Term. At the expiration of the lease term as previously set forth herein, Landlord shall have the following options as regards the Tenant improvements made upon the property (i.e. building): (1) extend this Lease for a term to be determined by mutual agreement of the parties; (2) purchase said Tenant improvements for the fair market value then established by mutual appraisal or such other amount as mutually agreed to between the parties; or (3) sell said demised premises to Tenant for the fair market value they established by mutual appraisal, or such other aniount as mutually agreed to between the parties. 9. Property Maintenance. Tenant agrees that during the term of this Lease, it shall be solely responsible for the maintenance and general upkeep of said premises. 10. Default. If Tenant violates any agreement of this Lease, Landlord shall notify Tenant in writing of said violation. Tenant shall thereafter have 90 days to cure said violation or such other time period as the parties mutually agree. If tenant does not do so, Landlord shall have the right to accelerate the expiration of this Lease term and exercise its rights set forth in paragraph 8 herein. In no event shall Landlord have the right to terminate this Lease except by exercising one of the options set forth in said paragraph 8. 11. Parking Agreement. Tenant agrees that during the terns of this Lease, the existing parking spaces located on the east side of said Premises shall be used exclusively by Landlord. 2 Tenant shall take all steps necessary to insure that none of its employees, volunteers or clients use said parking spaces during the term of this Lease. If at the expiration of this Lease the parties hereto agree that Tenant will purchase the Premises pursuant to Paragraph 8(3), then as a condition of any such transaction, Tenant agrees to execute and deliver to Landlord a perpetual parking Pace,ne,7t fnr the i~cP by Tandlord of the Pxisting parking SnaceS. LANDLORD: TENANT: City of Columbia Heights Southern Anoka Communit Assis , ~S Gary L. Pe rson m oeft ~- ^! ~ Walter R. Fehst STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ~ ~ day of 1999, by Gary L. Peterson as Mayor of the City of Columbia Heights. VlOS3NN'?I - all6(lU ni;yl.oN ~~,~'~ ll i Y l Zll^.o ~;r,~ n tti~~~~i'~d `~~~/~_ ~ otary Public 'iK7iFic''~-:5~3°~-ctd'C...x~.. ry_=.~'}y3S~Jii`- STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this $~ day of 1999, Walter R. Fehst as City Manager of the City of Columbia Heights. ;1 ;' • r : ~ 3'Q ° s°a ~ 6 r'. r'' ~ ` d`L` ~ fi ~ ^ A f 4 ~ ~ ` Y, ''r`i ! ' f n°. 6 . _ , _ ~ ~~~` FATRICIA !~. [~'~.'Si QLrITZ -Y` ~ NOTNFY PUC ~.° - t~ ii^~r_c~~TA . ~.. f'~ L.+• - :. ~ Rey .... -N ~ ~~ ~ - . Notary Public STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) T11G UrC~Vill~ 11.'1Jtiu1'licilt waS aCniivVr'ied~ed be~^v2'°v i;:e tl'..S ~ ~ 'jaj' ~f 5 L„~. _ , 1999, by James D. Hoeft as President of Southern Anoka Community Assistance, Iiic. - -=. _,-~;r~°.:~G_ .-r~'~~~r~:~~~~~af~ :.=u% ;fir '~ VI ~~ _ .-~-' -~ Notary Public ,~''y;i~..:.''1 C.'+~IA~Y r~~uL~^ ii.1EPd=SOYA - .- __ :~~:,+ r.!~~.. -NCn.-_s:°'`'i=,r:o:-.air DOCUMENT DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 Nortlitown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 5433 (612) 780-8500 (JDH) 52035_1 4 F=i~,~ 1 ~i ~Et~~ 1~: ~9 6514,325?4 ~UETUid ~ HJ~~OCI~ I E~ FHGE ~t1,''11 B~D~TGIJV ~ A~~QGIATE~, ANC. Fax Tran~mi'tta! Ai~~HiTE~TS & ~NGiN~EPS 2345 Rice Street, Suite 210 St. Paul, Minnesota 55113 (65~) 4$3-6~0~ FAX (651 } 483-25 ~ 4 mate Tv Camp~ny Fax Number Number of pages From Project Title IProject Hamm. # Comments ~~ ~ ~6 ~D v~~ 1 (including this cover sheet) r* ~. Nate Piagse contact sender at above telephone number if you did not receive a complete transmission. ~~~'r'13i't=tl=t,=; 1~1:2y h51~1~~'~574 BUET0~~.1 .•. £;SSLICI~TES F'~~_~E ~I''I11 ~~~ ~.~ AN~x~ F~TI~.LIC SAFETY CENTER z zrw.es' fT;,~; w.m...,~.~ The City of Anoka's new Public Safety Center is comprised of a new twa-slaty 20,000 square foot PoUice Faclltty and a rerttadeled 24,000 square foot two-story Centrtd Fire Station. ,4 his~rirtily-elegant design Solution wa8 conceived reminiscent of the crrigitaai Anoka Cir,~ Hail because it joins two Public safety functions together t<~ feature; a central tower, corniced-edged gable and hipped roclf forms, similarly-u7lnred Face brick and verticalIy-0ri- cn[cd wall openings. i Kct~ tacilit}~ operations ara supported by the inttl~duction of: a new telecommunications system (voice/date and •; computer t:ommunicatinrts), anew sc~urit}~ SVSICm ~ (camera, accer,s and locldn$ functions} and a rek~ radio ~ communications system (tc>~+-er, dispatch and i emergence center}. ?,3d5 RICE RTREET SUITE 210 ST. PAUL M1tIMTi E50TA 65113 TElEPWONE t651) 4B~•8701 ~~BUETOW & ASSOCIATES 0. R. C N i T E C T 5 ,1~'rrtry TotvcT CattstrrECtiort Irrzagc~ fire .Syafivtt Radio Rr,arr Cntt.slt'rirtinn Irr~n,~e 41_'f 1?i ~ lE_i ].4: ~9 65141=~3~5'4 BUETL14~1 ~u• F~SSU~'I<<;TE~ I-'~!~~ t~~,' 11 ~U ETC~V1l ~ AC)~1~4.TE ~A R C H I T E ~ T S Municipal ~z-ojects; Cost Estimates vs. Actual Coy Project Naime Size Xettr Estimated Actual CI!y, State ($.~.} Conrnpi<eted Cost. Cyst Andover Fire Station 1\untber 3 9,t)O0) 2(104 $ 1.00,000 S 1.,1,320 Andover, A~iinnesota Sresoklt°n Park Central i'ire Station (netti~) 9,60(1 2(X14 $ 1.,ROO,Ot>0 $ 1,732,0(10 Brooklyn Park, Minnesota !remodel) 0,1100 Central Park Elementary School (new} 17,0()8 1.15 $ 3,000,00'1 $ 2,483,000 Roseville Mi oC Anoka Public Safety Ccnicr (.new') '~6,50t7 20(13 $ C~;~4~O,Ol7l] $ 6,I40,50)0 Anoka, Ivlitmcsota (remodel} 29,500 F.,ast Central .Tuvcnilc Detention Center Lino Lakes, Minnesota );mirtet D. Williams Dementary School Shoreview-, Minnesota Falcon He.i.ghts Community Ccn!er Fslcozt Hcighcs,,~~taannesota` L,axes itegibti ~ - ~- ~ , r - ^ ;r - - League of Ivilmt~saT~ C1 ~,-rT---..~.t.,~, St. Paul, t~ `.~; ,~.~~;; ~'linnescrm ~~I Dining Lt~dtt ,.a .y.-..-. ~ W. (neap) 10,0003 1997 $ 3,OOO,OG~O (remodel) 49,0()0 _ _ ~.,(JGQ " _-- [940 $250.000 Cry '- - -_ ,_ ..._ ..-- ---. North Branch ~~ North Brsn ~~ Oakdale Police ~d-' Oakdale. lviinire"s~$ ~ `• "` : • "~ ~' ;;; :. S 1,344,000 Oakdale-Public WcTrks Addition & Remoc~cl {nd'IR~;=rat°h~° `: 2002 $ $29,000 S 792,000 ' OakCl'dl~, lt'~IIF1IIe9 >~+,~ i { ~` y ~~ (rerItOd(~' rny'y`y`~~-~ ~ 'i, (7~ M1~ `t ~ 5:2, ^ ,r~T. CC~~~il, ~ ~~,,' F. [~ -'-"""e,:~--, i 'gi Q~ ~] ~p /~.',y, ~~ M 4 J Oakdale ~~ StatlQn- •~. -~ nvR~~=i_~_~ " ,•Y5, .~4 ~/rk ~., y ~ ./? ~,~' Q~r-~i•l ~l t aC 1,7 /0.,~.~1/ Osseo City Hal[ AddititiR°fl~ dsseo,lvlinnesota Ramsey Count}' Library >ti~lagle~vood, Mirrnesok-t Ramsey County Library ;viounda View, Minnesota Ramsey County Libtxr}~ Ro;evillc, hfinnesota Ramsey County- Library Sfl4rarvle~[~, :ullSrnC50~ .r ~ ~ a'3'~r~y.-, - ~ . . . . _ -8,80 -^:~ _~,.,.$ 950,000 -. ~ '878,OOU i- - ~' ~•~-~ (new} 7,6001 2002 $ 1,450,000 ~~ 1,324,000 (remodel} 1^,000 34,0(10 1993 $ 2,(50,000 $ 2525,000 8,000 1990 5820,000 ~ 806,000 43,(k10 1493 `~ 3,500,000 ~ 3,440,000 28,000 1992 $ 2,700,ooa $ 2.571,b00 $ 2,997,000 $ 2S(},000 43~,`n'~ $ 5,(50,000 ~ 1,021-,000 G~ - 3 ..- ~~~:: ~ ?345 Alce araEET Sulrlw 21D 9T. Pain MIINNE8C~TA seyti3 TELEFtioNE (4511 4es-e~oi F~~,'1~i2~~~ 14: ~9 E5148?~~74 E~UET04J ~< ASSOCIATES City a~' IV~~r~~et~~sta bequest four. Pro~osa.i Por Prt~~essxanai Cor~str~xction. l~Zan.agenlent Sex~-~ces ~inae~rista Public ~'ac~ities august, X007 PF~GE 4_i~,•' 11 I4: L~ ~I YO~~rllY ~.l ~~. ~`'1 ( ~~' ;~ ~~t-i~7E ~~~l ill F~2,''13r ^Iltj~ ~ ~, , BUETO.! ~, ti-,~L,I~TE= City of 1~Iinnetx-ista; l~Iintzesota Request faz~ Proposal Construci;ion 11~:axtagement Sez'ti-ices Rate of Issue:.Au~ust 7, 200'1 Froposat :Uue Date: r~-.u~ust 29, 200'7 Responses to this request for proposals ("RFP"} will beco;ne public infortalatton under the i•~innesota Data Practices Act, Minnesota. 5tsti.~tes Chapter I3- This IiFP does not obligate the City of Minxietrista ("City`) to ativard a contract or complet~a any portion of the project. The Cittr resez~'es the right to catlcel ox modify this RF'l' at say time. rntraducbion: The City of ~netrista seeks to obtain the sezviees o:f a qualified cor~skructiozt management .hum, ;,with e~,perience in public facilities, to work with Staff, attd the Mi~netrista. City Corincil ("Council") by represenfiin.g the City's best interes+~s in constxuctingpublic.faeilities. This .RFF is soliciting constrLLctja7~ management proposals only. The cons~uctioa .tt~auager should be prepared to work on behalf of tine City to ensure construc~uhn meets quality constntGtaan, standards, manage project costs, make appropriate meld decisions, keep the project on designated timellDe, etc, Simultaneously to seep proposals for a co715~uetaort manager; the City is s~el^.ing R.l/'I?'s for a professional architectural ~rxn to assist in the planning and eventual design o#'public facilities. The eonstiuc~ion manager mill work the City Council stad Staff' during tlae architectural phase tq make appropriate recommendations regal ding materials (and related costs) s :rggested during arclutectuYal design. Lack~rogltd and Qyerview:- The Council, in their d£sire to be prepared far the future, has eornpleted a.facilit}= space rior>ds study- 't'he Facility Needs Study ("Study") tivas completed in 2003 by 13onestxoo, Rosez~e and .r'~nderliclc.. The Study atternp,ed to azLS~yer thz'ee questions. ?) Flow much will the City of A~1•iunetrista. grog over the ne~~ throe decades? 2) How many staff will be required to sen'e tae columunity? 3) VG17at is the nature o£ (size, location, p,:ogrammiag elemcats) of the facilities heeded to support that stafr""and associated equipment? Tl~e Council members rewgrrze Cif Ball (Adm;nistration), the Public Safety Department a-~.d the Public Worlts Departtrtent have quickly approacncd ful] capacity and, given the projected rapid populatiolr growth, a building plan is needed to fulfill the future rxeeds of the orgsnif atiorr 29G525v2'rIG ~3Ir415•t B Z [ll -~ : - r ~ n ~ n„~ ~ ~ 11i 4 '~~i'=~1 I ' F'~GE 4~t5i' 11 ~=r~;'1~: ~Elkl„ 14:29 6_~14~,~,~5.4 B~ETL,I ~~~9~I~,TES attd oommunity. The Plan protects full build out requiremczit+s to mgt the 2Q3Q gros~rth of the Cii}~. The City is seeldn.g assistance anal professional guidance from an arc(~itectural cansult<ant to determine the scope and nature of facility coast7'uction activities. The primary scope of ser<<ice requested of the architect inGiudes, b?tt i5 not Iirrritcd to, pro~riding detailed site plans, analyzing corts'~ructjon options to deterxriirre phased or full build nut, nerd przparation of plans axtd specifications (including bidding). Proposals wz1I include a preligiiaaiy review of the Study and corn;-ncnts eo?acerriin,~, its frrrdings. Based oa ttte findings of fl;is strrdy, the architect will be required to evaluate feasibility and casts. Decently, the City Council appointed a citizens taslc force. The task force prioritized facility neecJs b}' placjzrg the high.~st pxj.oxit5~ on Public Saf ty; Public Works second, and Admiiustrat~ion third. The architect v~~i.ll also be requjxed to evaluate site locations a.nd related costs to canstnzct a satellite fire statiozt. Curxezrtly, the City of lvtinnctrjsta receives fire protection services by contract'uith i~wo neighboring commuttitics; the City of Mound and the City of St. Bouifacius. l~ue to tlxe contractual relationship there are no existing free facilities «7thin the C;it;~. The City d; ~u~es to improve the ZSO rating for ?V1.jtznetrists residents; theAefore }gas an interest in building a iaacility, lfthe City Cow-r.cil determines it is feasible and cost effective, preparati.oxi efplarxs and specifications maybe authorized, It shall be noted the City of Ivliztuetrisia and The city of, Mound are entering discussions about the possibility of a ` Joist campus". This concept vc~ouid involve both comxrrunities constructing Public ti~Torlts facilities oz- existing site(s) onmed by the City of Miviaetrista, The architect is a~~axe of this fact in order to adequately prepare site plans that accoxtlrnodate effective placement of all potential buildings. Ci ~ 1~f aIl Currently, City Fall liotrscs both the public Safety Departiment offrccs and the City Admirustratlon offices. The e~is_ing structure i.s 11,560 Square feet. Appro~imatcly 3,462 square feet arE used for administz'ative o£~ces; 1;4-44 square feet are dedicated to the council chambers. Public Safety oflrces account for 3,SOd square feet Common areas such as restzaom,G, lobby and loti~~er level/ffieckta.nical room storage account for 3,154 square f et. ~~t the time of the Study , adrnivistrationlfixtance/planning staff' accounted for 6 of the City°s I'TEs. Currently, there are 8 FTEs in: these departments and the study projects 2l full-time staff' members by 2030. The Council needs assistance in determining whether the cuxrE:nt City Fall should be remolded a-zd contin~:ed to be aced, if rrc9~ cons"~rctior~ , pa,-tial build out, oz if tho 2(}30 full build out of City half should take place. Public Safe De art ezat The Miruaetrista public Safety bepartar~nt currently houses 12 s'.vorxt officer,, 1.?S secretor-ial FTE, 2 CSOs, i0 to 15 resen-e officers, and senses a currezrfi poptrlation bf appxo~rately 6,Q00 citizens in Mirxnetrista. In addition, the City services 2,300 residents in St, ~ottifaciutis via a police contract thzu 20l 6. The Facility Needs Study e$tima.t^,d that the City of Iviinzt.etrista rocauId .7oG@25v2 rrc r~raarsa s L' G~'2i 13i'3uF=~° 14:29 b514~3'2574 BUETO!~J u' ~;'~S~JCIaTES FAGE ~7r'11 have a 2030 papuiatit~ta of 15,45fl. q'he current fac=itity, Located at i?Ol County Road l l0 Nest., Minnetz7.sts, IW1I~T, w as built in 1990..c'~s stated previously, the Public Safety Department occupies approxiruately 3,a0U square feet. When, the current mrrnieipal building vr2s built in 1990 it ~~as trot built with contemporary Public Saf ty needs in mind. CxJrrently, space deficits ha~~e sty.-Led to become apparentvr daily operations of the City. Prtb]ic ~~'orks 77epart-~7.ent Curre,7tly, the public Works buildin,; is 6,000 square feet and was built in 196. The Public ~tio.r.ks staff currently consists of 1 superintetrdent and ?public works maintcnancs u:orkers. $y 243U, tha ~acilit~~ deeds Study projects ~'finnetrxgta to e-mployee 4U FTEs in publ-io worl'.s. Tlts current building does trot house all of the public ~vorlts equipment. It is Gammon far equipment , ~~orth hundreds ~af thous~u,ds, td remain outside exposed to the harsh ~~eather elements. Fire Safe.'Iite Station ?~~vxu~etrista has acquired land at tl7e Aort1z'ct°esr comer of Hwy 1 l.0 and Hw'y 151, Alsa recer7tly, the city purchased a tanker. The C,uncil's intent is to build a satellite fire ststioxi ab. that location to house the tatalcer. This station Gvould be managed and operated by 14•Zound p'ire Department. The architect will assist the Co~.urcil in determining tae appropriate size, plzceuZert and cost of a satellite ,`'ire ststi.an. ~vexall l'roi ect_Ma~tagemen t The successful Proposer will be required to work closely Rath Cit;~ staff duriztg the design and cc~nstructioa process. Similarly, the successful Proposer will be expected to identify air individual from their firon to scrye as the primary wntact person, (e.g., construction manager} artd to specilry other staff ~,vho will perform various tasks. The primary contact person for ~e construction management firm nnust be on-site at a1J times during carp; tructlon to meef with City staf-f. The City must agree upon avy substitutions of 5tafl,' during the Course of ib-e Contract iz~ advance. The construction maasgezoent firm will be required to facilitate prog;wm dez~eloptuvnt and paricipate wit1~ City staff' at alI levels. >; ollowing selecfiatz of tlae preferred desia , the constxuotian managenierxt firm ~~'iIl carry out ihc. design and constructaoxx phases through corr~pletion of the project. The construetiox- management ~rm,'s i.nvolvemerz# in public presentatiolxs will be required ducting the process. - Th.e construction tYCazragement firm tivill be responsible for scheduling and coQxdin.ating all contractor work. The ab~site construction manager firm will be in frequent comtacta daily if necessary, vsZtlr the City staff to ensure that the City's needs are met, 29oF2Ss2 ^'JG h?d4 i S-1 E d ~=i2,~ 13i ~~ F~~ 14: ~9 6514^3~5 r 4 FUETO!J ~t ASSnr_ IATES FADE ~~Si 11 'Z`he collstructioa znana.gement firm v711 provide on-site project, and constrgction ]x~s.'ta~ement sen%ices and record keeping throughout the project to ensure that the construction ifi in eompliatxce with the contract doctux:cr]ts, is on schedule and is udthin bid, and that a11. activities of the con'~sactors, s'1ppliers and inst~llcrs are performed in a professip~al manner. Fro'eef ~ ecuic -ztf'orrnatian Contract; The successful fuxn shall be required to enter into a sEparata contract ~;+zth the City on a foA-m supplied by the City. Protected :X'iumetabie: a. Pre-proposal canfercrce: August 14 at 1:Q0 pin b. Due date for proposal: August 29 at 4:30 p-m.. c. Proposal re~~i.ew; Week of September -3 d. Interviews held on szleeted proposals: September 1 O,Council work sc~sSon e. Contract awaxded by City council: September 17 Regslar MYeting The pre-proposal conference ~~ill be Field at 1:04 p.m: August 1~, 20Q7 at the City of 1ltinnetrzsta Council. Chambers, 7701 Covnt~r Road 110 DS%est, .for the pnz'pose of anrtveriz]g questitons related to the proposal. Pro osal Cnzttent: ~. singIc proposal must be sutlmitted by the construckion mauageznent lxz~a. The {ollowzng v~i11 be cpus2clared the minunurri. contents of the proposal and must be submitted in the order listed; ].. proposal Cower Sheef: Provide the company name, business address, the p]`imarv cOtltact person's name, telephone numrber, fax number, e-ruail address, and signature or an ixtdividual autht~riaed to make cc]mztukments on. behalf cif each firm. BacCtground of Construction ~Yfa~tageutent ~rxn Work: Taescription of past expexience providing sirrAxlar .services, Names atad addresses ofcantact pe.; eon and ticork ssmples. A description of the firm is xequired with ice resumes and project sta,~'involved in the facility. 3. Statement of project Understanding: This section to include; but not $c li_mitcd fo, u~hat each fzzu fee-is are the major eballenges and oppartunitios of the prbjecf; description of methodology for satisfying the project recluiren-,ezit5, 4. Statement of Current'~'ime Com.r].tftment: ~,ttdicate each ~Zrin's time cQlamitin:,tlt to other projects, including tb.e ~~drkioad c±f proposEd ke~cr staff snd any snbcontractars. ~9C*R25v2 iJG yL~7d] 5-; P, 5 ~~,`1?~: ~~~~~ 14: ~~9 h~14~;?25 4 BLiETO!~1 ~< ~,S~~t7CI~TES F~GE X9,`11 5. Resumes ol'Key Staff: Include resumes ofkey staff for each £trm, includixtg a list of pxc~ject staff by title. ,Resumes should include, but not be lirn.i.ed to, education, posi~ions held, and experienco with. projects o.f, similar scope and type. List tb.e tine allocated to each of the key staff oa the project. Include a disclasttrc oz notico of any pending civil. Jitigati.on in which the firtu; or key members o>• the firm's staff, are involved as eittter plaibtiff or. respondents. 6. I'roppsed ;fees: 1/ist the estimated east far each work phase. Furnish bilIino rates iba all project personnel, reirobursable expenses and arty other fees the pxopos~r expects to bill to the City. 7. Cytller I}pcu~8r~ts: Any other forms or documents rc~.clttired under an~~ other section: or this P.p'P. F_'•w'aIvatio~a Critet~a; • A demonstrated u;~derciatidir:g of the requiromez~.ts of this prof ev~t. • Project approach and schedule. • Qttalifications anal expertise ofthe key personnel assigned to the pxoject and their pxo~~en ability to ef$cicntly complete similar projEOts. • Experience of the i=xrra and project team, directly zY.latiztg to this pxpject. • Comment and opinions ofreferer3ces_ ~ Firm possesses resources required to complete ~'iis protect. • Clarity, consciousness and organization of the proposal. • rOSt. .E}roposaI Subzbuit#~I: :~i.l proposaLS trust be txaailed or delivered to: Michael S. Funk. City ,'~dulinisu-atar City o~'Mi.1~zl~trista 7~OI County Road I IG ti~'est A~Iinnetrista, ?vJ7~ 5536 Proposals ;itust be received np Inter tb.sn 4:30 p.m., central limo, ors ,P~ugust z9, 20L?7. Surmit three (3) paper copies ot'the proposal, p].T:s one (1) CD with a digital versioza of the proposal in .A.dobe l'bF. A.n authori7,ed tnernber of each ~~ must sign, each copy oftkte proposal in ink. proposals are to be subxxlitted is a sealed envelope or paokage, clearly marked "Proposal" oa the outside with each firzt's name and address written on the outside. Pr.•o~gosaI ~uestibns: 296Suv27t~e :vCT215-;8 4_t~!1?,'2El~t~ 1~: L~ 6514$3~5~1 BUETL~,J ~< ~SSOCIr;TE'~ P~~~E I~~i 11 If there are any questions about the pr:.pazation of ;=ottx proposal, ar to arxange 3 tout' of the €i:e znd fa.ciiities, please contact: b•:fike Furl}~, City~Admiristtator Phone: 9~2-24I-25101 Ir-tr,ail: mfynk(c~ci.minne;~~-i.sta.znn.us All quest:iaris occurritlg after the pre-proposal conference must be subnsittcd by e•-trail attd received no lster thou 3:Oa p,m., ce'atxal time, on August 22„ ~p07. All questions sLbIIUtted tivi11 be considered public info~xnadon. AiJ. eontaGts ruade with die City of tilinz~etrista z`e$arding this proposal must be rzzade solely through Mike l?unk. Contact with atxy other Cit;J staff.re~a2ding this RF.P could result in disqualification and a Proposer must disregard any ii-~formatidtx received fxazn any Cit}r staff otkter than. Mike Funk. ~'ter,_erai }?e~tzirements . i. Proposers must adhere to all terms of this . 'ti. Late proposals will riot be considered. 3. AIl costs irteurred in resporadin~ to this RFP shall be borne }~y the Proposers. 4. Proposal`s .received by fax or e-mail wzll not be considered. ~. 7his RFP does not obligate the City to award a contract oz eamplete any portion of the project; and the City ~scn~cs the right to cancel or modit:'y taxis RFP. 6. The City reserves the riglxt to reject ail proposals, or any proposals that do xxot campI y with the relluiremertts of this RFP. 7. All materials submitted in response to this RFP shall became the property of the Cit~r. S. Ia accordarxce v,+ith Mixttx. Staf. § 13.591, proposals are pzlvate or nonpublic until they are opened. Ciztee opened, tlae names of the proposers become public. All other data in the proposal is private or nonpublic until the Cat}' has completed negotiatiJ~g the contract with tlxe selected Iitx3as. At that paint, azt remair-iag data submitted by all proposers are pubL-ic, with the exception of tzada secret information. If a pxaposer subnuts infoz'n:tat7.on in response to this ~' that it beli.eee5 to be ode secret information as defined in Minn. Stet § 13.37, the proposer zxxust: clearly mark all trade secret info;xtxation at the tizx~e it is submitted to the City; include a statezuent witl•~ the proposal speci~"icaU.y describing bow each marked itettx qualifies as trade secret information; dYfend any action seeking release o~'the materiels it believes to be trade se;.ret information; and indemnify and 1xoId hornless the City, its agents and employees, from any judgment, fines, penalties, aria award of attorneys fees awarded 29f825~ TJC3h~T~iS-i A •l'~' 1:?f ;'~~iLi=~ 14: c'-l F~FL ~1= ~~F i ~ L'U~ I I_II.~l %~i Fi'~~~U(_;li~ I t~~ r'ii~at 111 11 r acaingt t1tG City ll7 fay or q~ the parLq rc~tt,~tirlg the infgrTnation, and any and al I costs conzlected with tr:at defetlsv- This obligation to ?udemnify surti'i~~es the City's ward of the Contract. Fn subrnittin,~ a proposal, the proposer a~•ees that this indemnification sun~i~~es ar long as the trade secret inforuiatiop is in the City's possession, which includes a minimum reteztbaon pe>-lad fox such dc~ctttnents. 'phe Gx1.y will not consider the prices submitted by pzoposers to be praprietar;~ or trade secret inforrnatioa. Any materials submitted in response to this RFp that is copyright protected must be cIeaz'Iy marked as being copyrighted at the tune it is subzxutted to the City. Such material zs subject to public inspectir~m once the proposal become; public, but capxes wi)I not bE distributed to the public unless the holder of the oapyright gi~res its pezznissiou for the Ci~y to make and distribute copies. Materials produced for the City under the coAtract shall rtgt be subject to copy~ri~ht protectxan. 29b6~5~d'TJCa A'L44i5-IR u~ft~~~~_i~i~, Lt,:ay b~14~~~574 pl_IETOi,d & ~S~LiC:I~TES F'~GE u1/Et3 BU~TOW & ASSOCIATES, tt~C. ARCHITECTS & EtVGtNEERS 234 Rice 5tr~et, Suite 210 fit. f'auf, Minnesota 5b113 (651) 483-B7t)i FAX (fi5i) 483-2574 ax i-rans ;tt I Date To Gompan~ Fax Number IVur~ber of pages ~ includin this cover sheet From ~:-~t Project Title .7~~ Sr~~~+..Gl~"~~ ~ ~u ~ „ Project Gomm. # __C.? ~1~-~ CornmrSnts ~ L~ E~ ~" Note Ple:~se contact sender at above telephone number if you did not receive a complete transmission. ~~ -r r ~1~3 ~oG 36~ '1~~~ o.~c_~;'4 II 11,E ~,I~TE- : , S_ETL t rt ~;'~~,0~ '~ F'~1GE U~i'~3~ DUTIES, ~ESP~NSIEII.~~TIES ANa LIMIT~ITIC~NS ~]~ ~4UTF~~lt~l7'Y OF THE pWNER'S REPRESENTATIVE t - GE'YERrtiL 1.1 The Architect and the Owner's Representative ha-re authority to act on bektalf of the Or~rner only to the extent provided in contractual agreements. The Otivner's Representative shall confer with the Architect at intervals and on occasions appropriate to the stage oi;' construction. The O~xzier's .Representative shall riot comrt~unicate with 'Subc~ontractprs, unless authatti.zed by the Con.txactor and the Architect. 2. AUTTES i~.IVD RESPQNST~)(LIITICS ?' I Provide fitly time observation, of the progress and quality of the Work as necessary at that stage of construction to determine that it is proceeding in accorda,-,ce with th.e Confrsct Docurrre~tts. Notify the Architect immediately if, in the Owner's Representative's opinion, Nark does not conforTn to the Contract Documents or zequires special inspection or testing. ?.2 Monitor the const~clion schedule arld~repart to the Architect condition which. may cause delay in coit~pletion. 2.3 Review Contract Documents with the Contractor's superintendent. Obtain necessary interpretations farm the Architect and transmit them to the Contractor. J 2.4 Consider the Con.tractar's suggestigns and recontzrrendations, cvaiuate them and submit them, with recommendations to tl~e Architect for a final decision. 2.5 Attend all consh~ctian and Cpxttractors meeti~s, plus other rrteetings as directed by the Otivncr or Architect atn.d report to each on xhe proc~dixags. 2.6 Observe tests required by the Contract Documents, RECOrd and report to the Architect on test procedures and, where applicable; the results. Verif3T testizrg invoices to be paid by the Owner. . 2.7 ~Iaintairt records at tl~e construction site in an orderl}r manner. fnclude correspondence, Contract Documents, Requests for Informatxozr, Charge Orders, Constriction Change ~4.uthorizatiazxs, Arcbi.tect's Supplemental Zrtstrr.>!ctions, reports of site conferences, Sloop l7rativings, Product .Data, Samples, supplementary drawings, Dolor schedules; requests for payment, and names and addresses of contractors, subcontractors and principal material suppl.iez's, turnover all files to the C~wriez- at the end of. the job. 2.8 Keep a diary ar lag book. recording the Owner's Representative's tithe and activities related to the Project, weather conditions, mature and location of Work~being performed, verbal instc~caons and iztterpretati.ons given to the Contractor., and specifilc observations. Record any occurrence or 'Work that might result izn a claim far a change i_n. Contract Sum or Contract Time. Maintain. a list ofvi.sitors, their titles, and time and purpose of their visit. 2.9 Assist the Architect in reviewing Shop Drawings, Product Data and Samples. Notify the Architect if any poz-lion ot'the Work requirizrg Shop Drawings, Product Data or Samples is commenced before such submittals have been approved try the Arohitect. Receive and lag Samples which are required to be fiunished at the site, notify lhE Architect when they are pAgC ~ E_~2i'1~,r'2~JL8 15:49 65148:32574 gi_IET04d 8: A'i9LCI~rTES Pa~;E ~13I'l73 ready sFor examination, and record the Architect's approval or outer action. Maintain custody of approved sazl~pJ.es. 2.$ Observe the Contractor's Record Drawir>~s at intetwals appropriate to the stage of construction arad notify the Architect of any apparent failure by the Coantra.ctor to maintain up-to-date records. 2.9 Revie«+ Applieatxons ;far Payzrzent submitted by the Contractor attd forward them to the Architect with reeornmenciations for disposition. 2.1(1 Review the list of itezxzs fv be completed or coz-rected which is submitted by the Contractor tit~ith a request for issuance of a Certificate of Substantial Completion. Inspect the Work and if the list is accurate, forward it to the Architect for final disposition; if not, so ad~zse the A.rclutect, and return the list to the Contractor for correction. 2.11. Review and report to #lte Architect on canditior-s of the portions of tYie Project being occupied or utilized by the p«,-ner or separate contractors, to minimize the possibility of claims for darn.ages. 2.12 Assist the ,Ascl~itect in fYr-al inspection of the Work. Receive froze th..e Contractor and prepare f'or transmittal to the Ovmer the documentation the Contractor is required to furnish at the completion of the Work. 2.13 Coordinate the work oFthe pwner's Conunissiozting Agent throughout the project- 2.l_4 Coordinate all Ovsmer provided fiuniture, fixtures and equipment so that these itezrzs are designed and bid by r~endars to fit the project zequirernents, budget and schedule for delivery and installatinn. ~. z~>~-.~~,Tiol~s a~ ~.r~ro>Etr.,c~ The Ovvn.er's Reprr.sentative shall NOT: 3.1 Authorize deviations from the Contract TaocLUnents. 3.2 .Approve substitute materials or equipment except at authoz~iz-ed itt ~,vriting by the Architect. 3.3 Personally conduct or participate in tests or third party inspections except as autl~ari~ed in 1~riting by the Architect. 3.4 Assun~e any of the rESponsibilities of the Contractor's superintendent ar of Subcontractors. 3.5 Expedite the Work for the Contractor. 3.6 Advise on, or issue directions concernixzg, aspects of construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the Work. 3.7 Authorize or suggest that the Owner occupy the Project in whale or part. 3.$ Issue a Certificate for Payment or Certificate of Substantial Completion. 3.9 Prepare or Certify to the preparation of Record Arawings. 3.1.0 Reject Work or require special inspECtiari or testing except as authorized in uTiting by the A,rclli feet. 3.1 I Order the Contractor to stop .fie Work of any portion therev£ Owner Architect OPTION A: General Contractor .._ _ ;t General Contractor •Subconti•actors Owners Rep~~ i~'`~, Commissioning Agent B3 Consultant PROS CONS •The Contract for construction is with one party, the General Contractor (G.C.) who is bonded and insured. •G.C. is at risk for general conditions costs as competitively bid. •G.C. is one point of responsibility during construction. •G.C. is at risk for construction schedule. •G.C. has leverage over his sub-contractors. •G.C. is at risk for performance of his sub- contractors. •G.C. is responsible for the ordering, receiving, storing and protecting all materials before and after installation. •G.C. is responsible for construction safety. •All Requests for Information, proposal Requests and Change Orders are all funneled through and reviewed by the G.C. and his superintendent. •All shop drawuigs and product samples are reviewed by the general contractor before being submitted to the Architect. •The G.C. is responsible for all gaps or overlaps in the sub bids and settles all disputes between subs. •There is only one punch list to prepare and the G.C. is ~ esponsible for completing it. •The G.C. compiles all the close out documents and submits before fmal payment. •The G.C. is liable for the performance of the building and its systems for 2 years after construction and coordinates getting subs to the site to fix warranty problems. •If the G.C, goes out of business during the warranty period, the Owner has to deal with the bonding company and the sub contractors directly. •The G.C. puts his mark-up on every sub and every change order for every sub. •Fast tracking a project with multiple bid packages is difficult in the public bidding market. •Negotiating with individual sub-contractors to do additional work for the Owner is very difficult. •Replacing a non perforniuig sub is dif~'icult for the Owner to do. OPTION B: Construction Manager (Fixed Fee) Agency ~~ O~vner Architect .. . ____, __.. _ _.__....._s.__._ C/M (Fee Based) Prime Contractors r Commissioning Agent B3 Consultant PROS •The C.M. has a direct contract with the Owner and is loyal to the Owner during the Bidding and Construction process. •Overall construction cost is reduced because the noinial G.C. overhead and profit is eluninated as well as the G.C.'s mark up on the subs, not only on the original.bid, but on all change orders as well. •The Owner sees all the competitive bids for the prime contracts which may include 30-50 prime bid categories. •The general conditions costs are all itemized for the Owner to see. •Prime contracts can be closed out and lien waivers obtained as each prime finishes his work. CONS •The Owner has a separate contract with each of the 30-50 prime contracts which requires much more management and communication by the Owner and the Architect than with a G.C. •Prior to completion of the construction documents, the C.M. may want to "value engineer" the project which may compromise: the design, the longevity of the building, the operation of the systems and/or County standards. •During the bidding phase, questions come from hundreds of bidders instead of just 8-12 generals. •After the bids are received, the architect and Owner need to assist the C.M. in reviewing the prune bids and their track records, insurance, bonds, plus prepare contracts for 30-50 primes in lieu of 1 G.C. •The Construction cost savings is reduced by the fees and expenses paid to the C.M. and the additional services and fees required of the architect and engineers. •One Change order may involve a change order to 10-20 prime contracts which requires a lot of time to review and approve. Hundreds of change orders are the result. •Because each prime contract bid category is small there is a greater risk of the low bidder being a sub standard contractor or fmancially insecure. •The general conditions costs are open ended and increase as the schedule slips. •The risk of dealing with a non performing prime contractor and a prime that goes out of business during construction or during the warranty period is magnified 30-50 times. •Settling prime jurisdictional disputes, gaps and overlaps from the bidding process requires a great deal of time from the architect and the Owner. •The number of RFI's and questions during construction is magnified 30-50 times. OPTION B: Construction Manager (Fixed Fee) Agency Continued PROS CONS •The Owner, through the C.M. can direct order material which eliminates a mark up and in some cases sales tax. •The project can be bid in multiple bid packages at appropriate times during construction eliminating the primes and suppliers need to hold their prices for many months which could be more costly to the project. •The C.M. is responsible for compiling all primes' pay requests and general conditions costs each month. •The C.M. is responsible for compiling all close out documents from each prime. •Direct ordering of materials increases the risk to the Owner of supplying the primes with faulty materials or of damage during delivery, receipt or storing. •Multiple bid packages, over the course of construction increase the risk of going over budget because all the costs aren't known up front and it may be too late to reduce the cost after the last bid packages are bid. •Pay requests from 30-50 primes must be reviewed in lieu of 1 from the G.C. •Closing out 30-50 prime contracts requires a great deal of time and effort by the Owner and Architect. •Shop drawings and material submittals are not coordinated and reviewed by a general contractor. As a result, procedures are not followed and many rejections and resubmittals are required which can slow down construction. •More construction meetings are required to settle prime contractor issues and scheduling conflicts. •The biggest drawback to the C.M. agency process is that after construction the C.M. is gone, takes no responsibility during the warranty period and has no construction liability nor a bond. Therefore, it becomes the Owner's problem to coerce the prime contractors back to fix problems. Each problem may involve 5-10 primes who all point the finger at each other while the problem goes uncorrected for months or years. •There is no contractural relationship between the C.M. and the primes which means that the C.M. cannot compel the primes to perform to a standard or to a schedule or coordinate with other primes. As a result the quality of construction and the schedule can suffer, increasing conflicts, costs and time. OPTION C: COllstl'llct1011 Manager - (At Risk) Guaranteed Nlaxil11ut11 Price GMP Architect C/M @ Risk -Primes -Subs Commissioning Agent B3 Consultant PROS CONS •The C.M. has a direct contract with the Owner and the prune conh~actors have a direct contract with the C.M. •If the C.M. is: bonded and insured, has a good track record as a C.M. at risk, is liable for 2 years after construction, provides all the services of a G.C. during bidding and construction, is at risk for: the Construction schedule, general conditions costs, performance of his subcontractors, materials etc; lien the C.M. (GMP) system isn't much different than a G.C. except that: 1. The C.M. is hired based on qualifications and negotiations rather than competitively bid prices. 2. The C.M. is loyal to the Owner during design. •The value of this C.M. approach during the design and cost analysis phases is lost on this project because, the construction documents are complete except for changes to meet B3 requirements. •If the C.M. at risk is no different than a G.C., it would be befter to go with a G.C. because: 1. The fee, general conditions and all construction costs are bid competitively and fixed. 2. There are more qualified G.C.'s to bid this project than there are C.M.'s to negotiate with. 3. The C.M. is not loyal to the Owner during the bidding, construction and post construction phases because he is at risk and needs to work to his own benefit. 4. A C.M. at risk may not have all the personnel and financial resources that a G.C. would have. 5. A C.M. at risk may not have much leverage over his sub-contractors. •Fast tracking a project with multiple bid packages when a C.M. is on board, would be easier than with a G.C. CNT THE TWO TRADITIONAL PROJECT DELIVERY SYSTEMS `~a~J AGENCY AGREEMENTS DOLLAR CONTRACTS ~"~ TTiF; Ff1T TR. BASIC FORMS OF CONSTRUCTION MANAGEMENT SYSTEMS AGENG~CM =~ op~7~N~ ~ - ~ 2;~}ftENDEDSERVIG~SGIY- + ;• ::S - _ _ t -_ ~ ~ ~ F r - - { 'OWNER ~' ~° . ;~ ~ ,.s OWNER ! '~ , r. ~ r 1 T _ ~ `K'Yl' xF .' 1 ~1 z: 5 i. ~ F '~ t r T C'~ f F 1 f ~ ~ 1 '. ~' Z. ) ~ -`ii 5 f j~~~ l/ t 1 ~ 4 .' r ~~ { ~ - --~ ~(r t ..-. F- a:. ~- ~Itl 3 ~ F ., r ~ J;t4}~I,Y rca (}~vLt r r ARCHITEC7/LNGIN~ER p COiv'CIRUCTION _ ` 0 ® MANt1GER f ) ~ ~ v , 1 ` ~ 0 ' % ~ ~k ~ , 'E ~ ~ ~ ` i -F t'. l - ` ~ F ~ , .`~ i ~ rF L , ~ e C ~. ~~ }, ~ ~ ~ ~ ~. ~~s , ~ 1` ~ . - r n ` / ~ sl ~ "~~~ I~ A~~ _ +~ f ~J~ (~, . , o-- 1 {.i; $ ~ Ir l ~_ I ~-. .~~ ~-I~~ I~ ~-1.• ` J I ~ ~ i CONTIjACTORS PRI11~ F ~ PRIlVI~ ONT CTORS i ~ . 3.GtJ~RQ1~iri~~;~1~9Um:~RI~EG~~1~'. ; ~,QWI~Ef~rYtA;NAG~~G~1. ~. . At'#' f~ls 4~ iGrn~ o ~~lorU ~ { ;" 1 ' , { :t f - i - }r S ~ ~ ? F i i p5 -_ ~ - - ~ - L _ '_ ` OWNER -~ L 1 l C ~ ! F ~ ;' F y ~ a_ 3 < ~ ~C~ ~; OWNER ~ ~ ~% ;' F 7f F ~ 1 ~ ! t ~ ~ ` ~ CONS?RUCTION Y - 2 QI3~I°il (,1 /T NGINEER f ` ' ~ E ' , ~i ~ ® J ` ,, r j ~: " MANAGER ;. ~ 7 f ~ ~. i t J ., i , s -! ~' i ~ ~1 Y I If ~ r s h 4 ~ S 7 ti'i - r T , L - F _'r ° ~ ,ti f < ~ ~ , ` r , Y ~ r) _ ~' -` `- PRIME COrITRACTORS ~ r '* PI2.IIVIE U'ONTRACTORS ? T r` ; _ _.L. r'- _ _ - ~ l .~ .{; a .o a [~ AGENCY AGREEMENTS ~ DOLLAR CONTRACTS