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HomeMy Public PortalAbout05.17.2016 City Council Meeting PacketMEDINA AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, May 17, 2016 7:00 P.M. Medina City Hall 2052 County Road 24 Meeting Rules of Conduct: • Fill out and turn in white comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the May 3, 2016 Regular Council Meeting V. CONSENT AGENDA A. Approve Mill and Paving Services Agreement with Omann Brothers Inc. B. Approve Contract with CSS for Re -cabling City Hall C. Approve Contract with Iyawe and Associates for the City Hall Lower Level Renovation Project D. Ordinance Amending the Medina Clydesdale Marketplace Planned Unit Development District for Larger Monument Sign E. Resolution Authorizing Publication of the Ordinance Amending the Medina Clydesdale Marketplace PUD by Title and Summary VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Ordinance Establishing the Deerhill Preserve Storm Sewer Improvement Tax District — Public Hearing B. Deerhill Preserve — Reimbursement Agreement Between Property Resource Development Corporation, Inc. and the City of Medina VIII. CITY ADMINISTRATOR REPORT A. Resolution Approving Cavanaugh/Wealshire Deed IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN Posted 5/12/2016 Page 1 of 1 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: May 12, 2016 DATE OF MEETING: May 17, 2016 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Mill and Paving Services Agreement with Omann Brothers Inc. — Staff recommends approval of the mill and paving services agreement with Omann Brothers Inc. for the 2016 paving projects. Omann Brothers Inc. was the low bid on the 2016 road material bids which were approved by the City Council on March 15, 2016. See attached agreement. B. Approve Contract with CSS for Re -cabling City Hall — Staff received three bids for the re -cabling of Medina City Hall. The original cabling has been causing issues and staff recommends that it be replaced at this time because the ceilings are open due to the demolition work. Staff recommends approving a contract with the low bid CSS to re - cable city hall. See attached memo and proposal. C. Approve Contract with Iyawe and Associates for the City Ha11 Lower Level Renovation Project — At the May 3, 2016 meeting, City Council approved the bid results for the lower level renovation. Staff recommends approval of the contract with the lowest responsible bidder Iyawe and Associates. See attached contract. D. Ordinance Amending the Medina Clydesdale Marketplace Planned Unit Development District for Larger Monument Sign — The City Council reviewed this request at the May 3, 2016 meeting and directed staff to prepare the attached ordinance amending the Medina Clydesdale Marketplace PUD district for a larger monument sign. Staff recommends approval. See attached ordinance. E. Resolution Authorizing Publication of the Ordinance Amending the Medina Clydesdale Marketplace PUD by Title and Summary — Staff recommends approval of the resolution authorizing publication of the ordinance amending the Medina Clydesdale Marketplace PUD by title and summary. See attached resolution. VII. NEW BUSINESS A. Ordinance Establishing the Deerhill Preserve Storm Sewer Improvement Tax District — Public Hearing — The City is required to hold a public hearing prior to considering the establishment of a storm sewer improvement tax district. The public hearing was noticed for May 17, 2016, but the applicant continues to finalize some items before the city can approve the plat. Staff recommends holding the public hearing, but delaying action on the ordinance until action is taken on the subdivision. See attached memo and ordinance. Recommended Motion: direct staff to present the ordinance establishing the Deerhill Preserve storm sewer improvement tax district for approval after action on the plat of Deerhill Preserve. B. Deerhill Preserve — Reimbursement Agreement Between Property Resource Development Corporation, Inc. and the City of Medina — In connection with the Deerhill Preserve development, the City had agreed to construct Deerhill Road through a public improvement project, with the full cost assessable to the property within the development. If the City Council is comfortable proceeding with some of the public improvement project process prior to final approval of the project, staff would recommend entering into an agreement with the developer to ensure the City is reimbursed for the costs of such work. See attached memo and agreement. Possible Motion: Approve the reimbursement agreement between Property Resources Development Corporation and the City of Medina. VIII. CITY ADMINISTRATOR REPORT A. Resolution Approving Cavanaugh/Wealshire Deed — City Attorney Ron Batty will provide an update at the meeting and bring forward a resolution for Council review and approval. Deed issues were discovered during the closing for the Wealshire project. A proposed resolution will be provided to City Council by Mr. Batty once it is complete. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 003646E-003664E for $51, 666.38, order check numbers 44304-44367 for $215,008.21, and payroll EFT 507132-507163 for $48, 590.34. INFORMATION PACKET • Planning Department Update • Police Department Update • Public Works Department Update • Claims List 2 DRAFT 2 3 MEDINA CITY COUNCIL MEETING MINUTES OF MAY 3, 2016 4 5 The City Council of Medina, Minnesota met in regular session on May 3, 2016 at 7:00 6 p.m. in the City Hall Chambers. Mayor Mitchell presided. 7 8 I. ROLL CALL 9 10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell. 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 15 Jim Strmel, City Planner Dusty Finke, Public Works Director Steve Scherer, and Chief of 16 Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 Johnson requested to move an item under Old Business Item A, Mediacom Buildout, to 22 follow Presentations. 23 24 Moved by Anderson, seconded by Martin, to approve the agenda as amended. Motion 25 passed unanimously. 26 27 IV. APPROVAL OF MINUTES (7:01 p.m.) 28 29 A. Approval of the April 19, 2016 Special City Council Meeting Minutes 30 Moved by Martin, seconded by Pederson, to approve the April 19, 2016 special City 31 Council meeting minutes as presented. Motion passed unanimously. 32 33 B. Approval of the April 19, 2016 Regular City Council Meeting Minutes 34 It was noted on page two, line 48, it should state, "...residents present were present at 35 attended the Planning Commission..." On page four, line 15, it should state, "He stated 36 that he would might agree to some degree of a density..." On page four, line 22, it 37 should state, "...lots a great deal..." On page five, line 16, it should state, "Martin 38 confirmed asked for and received confirmation..." On page six, line 26, it should state, 39 "...but would might recant that opinion if there is public outcry opposition." 40 41 Moved by Anderson, seconded by Cousineau, to approve the April 19, 2016 regular City 42 Council meeting minutes as amended. Motion passed unanimously. 43 44 V. CONSENT AGENDA (7:03 p.m.) 45 46 A. Amend 21.00 Economic Development Fee Deferral Program 47 B. Approve Well No. 8 Final Pay Application 48 C. Approve Hamel Legion Park Concession Services Agreement with Church 49 of St. Anne Medina City Council Meeting Minutes 1 May 3, 2016 i D. Resolution No. 2016-30 Approving State of Minnesota Joint Powers 2 Agreement with the City of Medina on Behalf of Its City Attorney and Police 3 Department 4 E. Approve Court Data Services Subscriber Amendment to CJDN Subscriber 5 Agreement 6 F. Approve Bid Results for the Medina City Hall Lower Level Renovation 7 Project 8 G. Resolution No. 2016-31 Accepting Bids and Awarding the Contract for the 9 Arrowhead Drive Trail Extension Project to H. Approve Arrowhead Drive Trail Wetland Replacement Plan 1 1 Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion 12 passed unanimously. 13 14 VI. COMMENTS (7:05 p.m.) 15 16 A. Comments from Citizens on Items not on the Agenda 17 There were none. 18 19 B. Park Commission 20 Scherer reported that the Park Commission met and discussed the scoreboard and 21 graphics noting that the Hamel Lions were able to raise $12,000 towards the purchase, 22 which left the City's portion at around $1,100. He stated that the City will also contribute 23 some labor. He stated that the Commission also received an update on the Dellcroft 24 plan but noted that because the applicant did not attend the discussion was more global. 25 He advised that the Commission also received an update on the Comprehensive Plan 26 process. He stated that the lighting request for the Fields of Medina Park was discussed 27 and that item will move forward to the Council. He reported that the Annual Park Tour 28 will be held on May 18th at 5:00 p.m. 29 30 C. Planning Commission 31 Finke reported that the Planning Commission will meet the following week to hear a 32 request from Just for Kix, which will include a variance request and lot combination to 33 include the newly annexed piece of land from Plymouth. 34 35 VII. PRESENTATIONS 36 37 A. Resolution No. 2016-32 Recognizing Dusty Finke for 10 Years of Service to 38 the City of Medina (7:08 p.m.) 39 Johnson reported that Finke is being honored for 10 years of service and commended 40 him for his excellent work ethic, intelligence, and contributions to the City. He noted that 41 Finke works well with residents and employees and often wears multiple hats for the 42 City. 43 44 Mitchell stated that he has worked with Finke on the Planning Commission and Council 45 and echoed the comments that Finke's knowledge is excellent. 46 47 Martin commented that the quality of the reports and recommendations from the 48 Planning Department is unparalleled, which is vested in Finke. She commended Finke 49 and the members of his department for their exceptional work that cannot be compared 50 to any other municipality. 51 Medina City Council Meeting Minutes 2 May 3, 2016 1 Mitchell presented Finke with a resolution recognizing him for 10 years of service to the 2 City of Medina. 3 4 Finke commented that a planner's job is often described as herding cats and noted that 5 he is lucky to have such great "cats" to work with. He stated that he enjoys working with 6 the Planning Commission, City Council and staff. 7 8 Moved by Martin, seconded by Anderson, to adopt the resolution recognizing Dusty 9 Finke for 10 years of service to the City of Medina. Motion passed unanimously. 10 11 VIII. OLD BUSINESS 12 13 A. 2016 Mediacom Buildout (7:12 p.m.) 14 Johnson stated that staff has had further discussion with Mediacom following the 15 direction of the Council at the March worksession. He noted that through these 16 discussions it was determined that there could be a total of 18 miles, eight of which 17 would be funded by Mediacom while the additional 10 miles would be shared. He stated 18 that the City's portion of the shared miles would be $12,000 per mile for a total of 19 $120,000. He advised that this could be funded through the cable franchise fees. He 20 explained that although the balance of the franchise fee account is $70,000, a resolution 21 for reimbursement could be adopted which would allow the City to use available funds to 22 pay for the construction and be reimbursed by the franchise fees. 23 24 Finke presented the original proposal from Mediacom that was discussed at the March 25 worksession. He noted that there was discussion that the Mediacom funded miles did 26 not include City streets but rather the connections to the homes, or drops. He noted the 27 Mediacom map also does not include the areas the City wanted to focus on, which 28 would be those without service. He stated that Mediacom returned a similar map but 29 staff provided a proposal, which would service an additional 20 homes by using another 30 route. He noted that by and large the portion of mileage proposed by Mediacom is on 31 private property rather than City streets. 32 33 Martin asked for additional information on specifically which portions from the road to the 34 home would be at a homeowner's expense versus a Mediacom expense under the 35 Franchise Agreement. 36 37 Finke replied that the definition of a drop was a distance of 500 feet or less from the 38 main line to the house. He stated that under the agreement the first 500 feet from the 39 roadway would be a Mediacom expense while any remaining distance would be split 40 between Mediacom and the homeowner. He stated that on this plan Mediacom is 41 planning to fully fund the distance as part of their mileage, which has become a fairly 42 substantial amount of their mileage. 43 44 Mitchell stated that this Franchise Agreement with Mediacom has gone on for years and 45 there have been continued discussions each winter with there never being a clear 46 positive outcome. He stated that the decision at this point would be whether the City 47 wants to push forward or get into a bigger discussion with attorneys on the language 48 from the Franchise Agreement. He recognized the letters from residents that have been 49 received asking the City to push forward for additional buildout. 50 51 Clarkson Lindley, 1588 Homestead Trail, referenced a detail on the map. Medina City Council Meeting Minutes 3 May 3, 2016 1 2 Mitchell stated that Mr. Lindley should speak with Finke after the meeting for additional 3 details. 4 5 Anderson asked how the resident would connect to the system. 6 7 Finke stated that there should be no cost for any of residents on the blue line as 8 Mediacom is including additional distance in their buildout mileage to make sure those 9 residents are under the 500 feet distance. 10 11 Kirsten Chapman, 1910 Iroquois Drive, asked what would happen if your home is further 12 than 500 feet from the line. 13 14 Finke replied that the cost would have been split between Mediacom and the resident. 15 16 Martin stated that it appears that as proposed Mediacom is running additional lines to 17 ensure that homes are not more than 500 feet from connection and including that in their 18 buildout mileage, so instead of that cost being shared by the resident and Mediacom the 19 City is now covering a portion of that cost. 20 21 Finke stated that if the mileage would have been allocated along public streets rather 22 than additional mileage through yards, then Mediacom would have had to fund the first 23 500 feet towards a property and if there was additional distance that would have been 24 shared between Mediacom and the resident. He agreed that in essence the City is then 25 funding a portion of that buildout and the City is gaining less mileage in this method 26 compared to what would have been gained if the service would have been run down City 27 streets. 28 29 Mitchell noted that is the heat of the disagreement between Mediacom and the City. 30 31 Kirsten Chapman, 1910 Iroquois Drive, stated that she already has Mediacom service 32 but knows a lot of residents that do not. She stated that technology is not a luxury and is 33 a fundamental utility in today's world. She stated that CenturyLink is offering a service in 34 Minneapolis that is 75 times the speed some Medina residents have 35 36 Amy Alworth, 1602 Homestead Trail, echoed the comments of Ms. Chapman that the 37 City needs high-speed internet. 38 39 Brad Maiorino 2950 Parkview Drive, stated that he strongly supports this matter. He 40 noted that he has three children that get disconnected from the internet while attempting 41 to do homework online. He stated that in the original proposal from Mediacom Parkview 42 Drive was covered 100 percent but in this new proposal his home would be the only 43 home on Parkview cut off from service. He asked that the line could be extended to 44 cover his home as well. 45 46 Johnson stated that he will talk with Mediacom to attempt to provide access to 2950 47 Parkview Drive. 48 49 Martin stated that she agrees with the comments from the residents that everyone needs 50 access to internet but noted that the City simply wants to ensure that the City gets the 51 most out of the investment. She noted that Mediacom is taking advantage through their Medina City Council Meeting Minutes 4 May 3, 2016 1 interpretation of the agreement. She explained that under the agreement the City would 2 have been completely built out but now the City will not come close to being built out 3 under this agreement because of the interpretation of Mediacom. 4 5 Ms. Chapman stated that there are some pockets in which CenturyLink is offering some 6 higher speeds of internet in the City. She noted that perhaps if the maps are adjusted to 7 take out those areas to focus on areas that do not have access. 8 9 Johnson noted that CenturyLink did accept federal funds to provide service to some of 10 those areas but noted that it could take up to seven years for that company to provide 11 service at 10 Mbps. 12 13 Finke stated that unfortunately you cannot reach the areas that need service without 14 building through areas that already have service. He stated that a lot of the mileage that 15 Mediacom is claiming will help people is spent going through front yards of people that 16 already have access to high speed access by another company. He noted that the 17 laterals from the lines is counting against the overall mileage. 18 19 Martin asked if the laterals could be crossed out for those that already have service. 20 21 Finke explained that this is a cable television franchise and therefore the internet simply 22 goes along. 23 24 Mitchell stated that the City can either choose to fight this out in court or can go along 25 with the proposal from Mediacom. He noted that the City also does not want to lose a 26 construction season. 27 28 Finke stated that disconnecting the shared miles from the Mediacom mileage is an 29 advantage, as the shared miles are actual miles while the Mediacom miles equal to 30 perhaps only half of one mile down the street. He provided additional details on the 31 response that Mediacom is giving as to why they are running lines closer to homes 32 rather than along the streets. He noted that continuing to argue with Mediacom will 33 continue to delay the service installation. 34 35 Anderson asked and received confirmation that Mediacom has agreed to the alternative 36 buildout suggested by staff. 37 38 Finke acknowledged that there are people that would have been served under the 39 original map that will not be serviced under this map but noted that 20 more homes will 40 be serviced in this plan over the total number that would have been serviced in the other 41 plan. 42 43 Cousineau asked how many homes would be without service at the end of the buildout 44 term. 45 46 Finke stated that would depend on where the shared miles are allocated next year. He 47 stated that ultimately dozens of homes will not be served. 48 49 Martin commented that staff has done an excellent job negotiating but stated that the 50 problem is with the party they are negotiating with. 51 Medina City Council Meeting Minutes 5 May 3, 2016 1 Mitchell asked if staff feels that this decision is premature or whether this is the end 2 result. 3 4 Johnson stated that he would recommend moving forward with this plan. 5 6 Martin asked that staff review the drops to ensure that no more than 500 feet were 7 included as that could lead to additional buildout mileage. 8 9 Finke stated that Mediacom is also stating that some of this has been built out and he 10 would want to verify that is correct, as if a homeowner did not want their yard torn up 11 they would not have authorized the construction and therefore that distance should not 12 be included in the mileage. 13 14 Anderson agreed and asked that Mediacom also be asked to extend service to the home 15 at 2950 Parkview that was mentioned as well. 16 17 Moved by Anderson, seconded by Martin, to approve construction of the cost -shared 18 cab/e system identified in the potential alternative map dated 4-28-16, authorize 19 payment of $120,000, and with the extension to 2950 Parkview Drive and the verification 20 of drop length. Motion passed unanimously. 21 22 IX. NEW BUSINESS 23 24 A. Wealshire Rezoning, Site Plan Review and Development Agreement — PID 25 03-118-23-24-0003 (7:46 p.m.) 26 Johnson provided background information and additional details on the proposed 27 phasing of the project. 28 29 Finke stated that various iterations of the plan have been seen over the past 18 months 30 and highlighted the changes that have been made since the Council last reviewed the 31 request. He noted that the underground parking has been removed and additional 32 surface parking was added. He advised that additional landscaping was also added to 33 the east side of the parking lot at the request of the Planning Commission. He provided 34 a brief overview of the requests tonight for a rezoning and Site Plan review. He noted 35 that the Planning Commission recommended unanimous approval of the rezoning and 36 Site Plan review subject to the conditions noted in the staff report and draft resolution. 37 38 Pederson expressed concern that the landscaping would not screen the neighboring 39 residential properties from the vehicles that will be parked in the eastern location. 40 41 Finke explained that physically there is not sufficient space for a berm. He noted that 42 the shrubs would be about 18 inches to start and would grow to four feet. 43 44 Pederson asked if a fence could be constructed. 45 46 Mitchell stated that the question would then come as to whether the bushes would be 47 better than the fence aesthetically. 48 49 Martin stated that there are eight trees in addition to the shrubs on the eastern border. 50 Medina City Council Meeting Minutes 6 May 3, 2016 1 Mitchell stated that he would prefer the bushes and noted that a specification can be 2 made to require 24-inch bushes to start. 3 4 Pederson referenced the fire road and asked for additional information. 5 6 Finke stated that the Planning Commission did not have any concern with a gravel road 7 but noted that the applicant is stating that the cost for bituminous is lower and they will 8 be making that change back to bituminous. 9 10 Pederson stated that if the road is gravel he wants to ensure that the road is built to the 11 nine -ton specification. He noted that there are some neighbors to the north present 12 tonight and asked how they will be impacted. 13 14 Finke stated that the most substantial landscaping will occur to the north. He noted that 15 the grade to the north is higher than the building, so the landscaping will have a head 16 start in that location. 17 18 Mitchell summarized the additional items recommended by the Council, including the 19 size of the bushes for the east landscaping. 20 21 Finke stated that condition four would be adjusted, per the recommendation of Batty, in 22 order to be consistent with the Development Agreement. 23 24 1. Ordinance No. 597 Amending the Official Zoning Map to Rezone the 25 Property at the Northwest Corner of Mohawk Drive and Chippewa 26 Road 27 Moved by Martin, seconded by Cousineau, to approve Ordinance No. 597 Amending the 28 Official Zoning Map to Rezone the Property at the Northwest Corner of Mohawk Drive 29 and Chippewa Road. Motion passed unanimously. 30 31 2. Resolution No. 2016-33 Authorizing Publication of the Ordinance by 32 Title and Summary 33 Moved by Martin, seconded by Anderson, to approve Resolution No. 2016-33 34 Authorizing Publication of the Ordinance by Title and Summary. Motion passed 35 unanimously. 36 37 3. Resolution No. 2016-34 Approving Site Plan Review for Wealshire, 38 LLC to Construct a Memory Care Facility Northwest of Mohawk 39 Drive and Chippewa Road 40 Moved by Martin, seconded by Anderson, to approve Resolution No. 2016-34 approving 41 Site Plan review for Wealshire, LLC to Construct a Memory Care Facility Northwest of 42 Mohawk Drive and Chippewa Road subject to the conditions in the staff report with the 43 modification of the second sentence of condition four as discussed, to add a condition 11 44 to specify that a fire road would be built to a nine ton standard, and adding a condition 45 12 that would specify that the shrubs planted would be a height of 24 inches with a 46 mature height of four feet. Motion passed unanimously. 47 48 4. Development Agreement by and Between the City of Medina and 49 Wealshire, LLC 50 Moved by Anderson, seconded by Martin, to approve the Development Agreement by 51 and Between the City of Medina and Wealshire, LLC. Motion passed unanimously. Medina City Council Meeting Minutes 7 May 3, 2016 1 2 Mitchell briefly recessed the meeting at 8:12 p.m. 3 4 Mitchell reconvened the meeting at 8:15 p.m. 5 6 B. Comanche Trail Improvement Project (8:15 p.m.) 7 Johnson noted that the next three projects are included in the road improvement plan 8 and therefore can be considered together through one presentation. 9 10 Scherer stated that these are dead-end streets that will receive an overlay. He noted 11 that the overlay can be assessed and that is why public hearings are required. He 12 provided details on the proposed projects. He advised that a portion of Cottonwood will 13 be reconstructed to provide year-round access to Leatherdale Farms. He briefly 14 reviewed the cost estimates for each of the road improvements along with the potential 15 assessments. He noted that the costs for the overlay on Cottonwood will be assessed 16 between all the parties along that route of Cottonwood, including the Leatherdale Farm 17 property, while the reconstruction costs would be assessed only to the Leatherdale 18 Farms property. 19 20 1. Resolution No. 2016-35 Receiving Feasibility Report and Calling for 21 Public Hearings on Comanche Trail Improvement Project and 22 Levying Special Assessments for Same 23 Moved by Cousineau, seconded by Anderson, to adopt Resolution No. 2016-35 24 Receiving Feasibility Report and Calling for Public Hearings on Comanche Trail 25 Improvement and Levying Special Assessments for Same. Motion passed 26 unanimously. 27 28 C. Cottonwood Trail Improvement Project (8:23 p.m.) 29 30 1. Resolution No. 2016-36 Receiving Feasibility Report and Calling for 31 Public Hearings on Cottonwood Trail Improvement Project and 32 Levying Special Assessments for Same 33 Moved by Cousineau, seconded by Anderson, to adopt Resolution No. 2016-36 34 Receiving Feasibility Report and Calling for Public Hearings on Cottonwood Trail 35 Improvement and Levying Special Assessments for Same. Motion passed 36 unanimously. 37 38 D. Lakeview Road Improvement Project (8:23 p.m.) 39 40 1. Resolution No. 2016-37 Receiving Feasibility Report and Calling for 41 Public Hearings on Lakeview Road Improvement and Levying 42 Special Assessments for Same 43 Moved by Cousineau, seconded by Anderson, to adopt Resolution No. 2016-37 44 Receiving Feasibility Report and Calling for Public Hearings on Lakeview Road 45 Improvement and Levying Special Assessments for Same. Motion passed 46 unanimously. 47 48 E. Medina Clydesdale Marketplace, LLC — PUD Amendment for Larger Sign — 49 345 Clydesdale Trail (8:24 p.m.) 50 Finke stated that this request would amend the Medina Clydesdale Marketplace PUD to 51 replace an existing sign with a larger sign. He identified the current sign location, which Medina City Council Meeting Minutes 8 May 3, 2016 1 is sitting atop the retaining wall, and place the larger sign closer to the roadway. He 2 displayed the proposed sign, which is almost 30 feet in height. He noted that one other 3 freestanding sign was permitted, which includes the Target and Office Max sign. He 4 reviewed the existing PUD terms in regard to signage, noting that under the current 5 regulations there are only six opportunities for signage while there are 13 users in the 6 development. He stated that the applicant is requesting to increase the total square 7 footage for signage to 437 square feet, which is still under the total square footage 8 allowed for the development of 640 square feet. He noted that this would shift the 9 signage strictly along Highway 55. He stated that the Council should consider this on a 10 broad scale for the entire PUD. He advised that the Planning Commission did 11 recommend approval of the amendment to allow the sign with a vote of 6-1, noting that 12 the one opposing vote did not support the total height but would support additional 13 signage. 14 15 Mitchell asked if this proposed sign would block other signs when traveling from the 16 west, such as the Medina Entertainment Center. 17 18 Finke did not believe so. 19 20 Eric Olson, Wellington Management, stated that this is a more unique property as there 21 is a mix of national and local tenants. He noted that the local businesses desire 22 additional visibility from the roadway to bring in customers. 23 24 Pederson referenced the existing sign to the east of Verizon and asked if that would 25 remain or whether that would go. 26 27 Olson replied that the existing Target sign would remain and the sign atop the fence 28 would be removed. 29 30 Cousineau asked and received confirmation that Target would have two signs. 31 32 Olson provided additional information on the details noting that there is a separate 33 agreement with Target and Target would not approve this sign if they were not included 34 on this as well. 35 36 Anderson stated that he would support the sign as this would bring in additional 37 business and commented that the City is fortunate to have this business center. 38 39 Pederson agreed that the businesses would benefit from the additional visibility. 40 41 Cousineau stated that she struggles with the height of the sign. She asked if this would 42 block the Goddard School. 43 44 Aaron Amic, owner of the Goddard School, stated that he is not opposed to the sign as it 45 will bring in additional business. 46 47 Martin noted that on the business tours it was made clear that the businesses need 48 additional signage and visibility. She noted that the Target symbol often triggers the 49 thought that the center would have other good businesses as well. 50 Medina City Council Meeting Minutes 9 May 3, 2016 I Moved by Anderson, seconded by Pederson, to direct staff to prepare an Ordinance 2 granting approval of the PUD Amendment based upon the findings and subject to the 3 conditions recommended by the Planning Commission. Motion passed unanimously. 4 5 X. CITY ADMINISTRATOR REPORT 6 7 A. Park Tour (8:41 p.m.) 8 Johnson reported that the Park Tour will be held on May 18th at 5:00 p.m. He noted that 9 the Council would need to call for a meeting that night as there will be a quorum of 10 Council members present. 11 12 Moved by Martin, seconded by Anderson, to call for a special Council meeting on May 13 18, 2016 at 5:00 p.m. for the Annual Park Tour. Motion passed unanimously. 14 15 B. Open Meeting Information 16 Batty provided a brief summary of information on open meeting law and a case, which 17 took place in Victoria where the Councilmembers were charged for violations and the 18 City was not named in the case. He provided clarification on open meetings, noting that 19 all of the members of the Council could attend a Planning Commission meeting as long 20 as they do not sit together or act like a Council. He noted that the Park Tour has now 21 been noticed as a special Council meeting but noted that the Council should not speak 22 on other matters not on the agenda. 23 24 C. Sioux Drive Turn Lane Project (8:55 p.m.) 25 Stremel stated that a neighborhood open house took place this morning and three 26 business owners attended. 27 28 Johnson stated that signage will be installed later this week, or early next week, to alert 29 residents and businesses to the upcoming changes. 30 31 Xl. MAYOR & CITY COUNCIL REPORTS (8:53 p.m.) 32 Mitchell stated that he recently looked up the word Hamel and provided the definition. 33 He referenced articles that he recently read regarding pensions and specifically PERA. 34 35 Johnson stated the City's Auditor will be present at the June 7th meeting to discuss the 36 audit results and will address PERA as part of the presentation under GASB 68. 37 38 Mitchell stated that Lake Elmo was recently in the news for their sewer and water 39 connections. He stated that Medina is lucky to have the infrastructure in place and fees 40 in place that will ensure that new users pay for their connection as well. 41 42 Martin stated that she and Anderson have continued to work on the Steering Committee 43 to update the Comprehensive Plan and stated that there has been great input from Finke 44 and the engineers. She noted that the Committee will meet the following Monday at 45 6:00 p.m. to prepare for their open house meetings. She welcomed members of the 46 Council to attend the open house meetings. 47 48 Mitchell stated that he will be out of town and will be unable to attend. 49 50 Anderson commended Scherer and his staff for their efforts at Clean -Up Day. He noted 51 that the trees continue to be a large draw for the event. Medina City Council Meeting Minutes 10 May 3, 2016 1 2 Martin commented that it is a great event and a great opportunity for residents to speak 3 with the Council and staff. She asked and confirmed that there are some compost bags 4 available. 5 6 Mitchell stated that he talked with Belland about the affordable housing units, noting that 7 as they become finished they are occupied. He stated that staff and Belland have made 8 contact with them immediately to create a connection in a friendly way. 9 10 XII. APPROVAL TO PAY THE BILLS (9:01 p.m.) 11 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003629E- 12 003645E for $43,453.34, order check numbers 44248-44303 for $148,659.36, and 13 payroll EFT 507105-507131 for $47,773.47. Motion passed unanimously. 14 15 XIII. ADJOURN 16 Moved by Martin, seconded by Anderson, to adjourn the meeting at 9:02 p.m. Motion 17 passed unanimously. 18 19 20 21 Bob Mitchell, Mayor 22 Attest: 23 24 25 Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 11 May 3, 2016 Agenda Item # 5A MILL AND PAVING SERVICES AGREEMENT This Agreement is made this 17th day of May 2016, by and between Omann Brothers Inc., 6551 LaBeaux Avenue NE, Albertville, MN 55301, a Minnesota corporation (the "Contractor") and the city of Medina, a Minnesota municipal corporation (the "City"). Recitals 1. The City has been authorized to enter into a contract for mill and paving services; and 2. The City has approved the contract for mill and paving services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform mill and paving services for the City. "Mill and Paving Services" will consist of milling bituminous surface at depth per square yard (including milling removal) and paving of three roads, which will include placement of approximately 1130 tons of bituminous, including tack oil; as well as additional bituminous placement for other 2016 paving projects, at the discretion of the Medina Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from May 2016 until the end of November 2016 or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor for Mill and Overlay Services according to the above 1.0 Scope of Services at the following 2016 Road Material Bid rates: Mi11 Bituminous surface at depth per square yard (including removal): • $1.75 per square yard for 0" to 2" of bituminous milling • $2.50 per square yard for 2" to 4" of bituminous milling • $4.20 per square yard for 4" to 6" of bituminous milling Bituminous mixture used for 2015 paving projects at the following Road Material Bid rate: • $53.65 for MN-D.O.T. SPNWB230(B) Mix, placed on streets • $54.10 for MN-D.O.T. SPNWB330(B) Mix, placed on streets • $54.15 for MN-D.O.T. SPWEB240(B) Mix, placed on streets • $60.85 for MN-D.O.T. SPWEA240(B) Mix, placed on trails The Contractor will receive additional compensation for Bituminous Curb Installation at a cost of $5.00/LF, as well as a rate of $450/hr. and a mobilization fee of $500 for miscellaneous milling. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 1 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools, as well as traffic control, to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER'S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor shall provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the "Act") and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the 2 Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 11.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 12.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 14.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Scott T. Johnson, City Administrator OMANN BROTHERS, INC. (CONTRACTOR) By Owner 3 Agenda Item # 5B MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Scott Johnson, City Administrator DATE: May 17, 2016 SUBJ: Approve Bid for Re -cabling City Hall Background Staff received three (3) bids for re -cabling Medina City Hall. Staff recommends the work take place at this time because of the renovations that are occurring in the lower level. The original cabling has been causing issues and Mike Brocco, Medina's IT Consultant, recommends replacing the cable at this time because the ceilings are open due to the demolition work. Mr. Brocco has reviewed all three bids. The bid from Low Voltage Contractors did not meet what Mike Brocco requested. The other two bids did meet what was requested and are as follows: • $14,956.60 — CSS • $16,830 — All Systems Council Action Requested: Approve the bid from CSS for $14,956.60 to re -cable City Hall. Cit of Medina 1/-a• COMMUNICATION SYSTEMS SPECIALISTS, LLC PO Box 480091 • Coon Rapids, Minnesota 55448 Telephone: 763-413-3225 • Fax: 763-413-3225 www.css-mn.com Chad Peterson President May 04, 2016 Quote #CSS-002326 yl COMMUNICATION YSTEMS E I eLIST Wednesday, May 04, 2016 City of Medina Scott Johnson 2052 County Road 24 Medina, MN 55340 scott.johnson@ci.medina.mn.us Dear Scott, Communication Systems Specialists is pleased to provide a proposal for the installation of Communications Cabling for the Medina City Hall renovation project at 2052 County Road 24. See the scope of work statement for details of the projects. Communication Systems Specialists' goal is to provide the highest quality solutions and service to meet each customer's unique needs. Our objective is to partner with our customers, understand their desires, and develop a long-term relationship where their first call is to CSS. Exceeding all expectations. CSS "We Install Quality" Celebrating 10 years of success! Chad Peterson President Communication Systems Specialists e Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS ,SPECIALISTS This agreement made and entered into between Communication Systems Specialists (CSS), a Minnesota company, and City of Medina. In consideration for services provided by CSS as outlined in the above installation narrative prepared by Chad Peterson, City of Medina agrees to pay in accordance with the terms set forth in this document. Communications Cabling Installation *Optional Qty Item Description Sco • e of Work: U • • er Level • Install a total of (12) dual locations of Category-5e Plenum for wall locations. • Install a total of (3) single category 5e cables for wireless access point locations. • Install (1) quad cable location as shown on plan. • Terminate station cables to category 5e inserts into surface mounted boxes. (color to be determined prior to installation) • Each location will be routed through the lower level ceiling supported by j-hooks or loops. CSS to drill through floor near wall at workstation location • Provide and install (1) 48 port patch panels in existing rack in data closet. • Provide and install (2) 2U horizontal wire managers within rack for cable management. • Install ladder rack extension from back wall to rack for stability. Remove the other support. • Install j-hook cable supports as required. • Test and label each cable upon completion. • Provide CAD drawing As -Built upon completion. �K•] �Z�i� �•] i :�iZ�i�La �a�L� • Install a total of (15) dual locations of Category-5e Plenum for wall locations. • Install a total of (1) single category 5e cables for wall phone locations. • Install (4) CATV cable extensions from data room to locations as shown on plan. • Install HDMI plates between high and low outlet at each TV. Passthrough port to be provided for connection to customer supplied TV. • Terminate station cables to category 5e inserts into surface mounted boxes. (color to be determined prior to installation) • Each location will be routed through the lower level ceiling supported by j-hooks or loops. • Install inserts into either wall plates or furniture plates as required. • Provide and install (1) 48 port patch panels in existing rack. • Provide and install (1) 2U horizontal wire managers within rack for cable management. • Install j-hook cable supports as required. • Test and label each cable upon completion. • Provide CAD drawing As -Built upon completion. * Patch cords not provided in this quote. Please inquire if cords are needed. Ring and String on lower level provided by others. 126.6 8 1 Labor - Installer Mobilization Installation labor. Tools, service truck, ladders e Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS Communications Cabling Installation *Optional Qty Item Description 62 3 62 8 35 1 1 30 test/label 5G596-U48 MOM 5G 108-RL5 �a Test with cable certifier, label each cable/faceplate Leviton 5G596-U48 GigaMax® Universal Category 5E Patch Panel; Wall Mount, 48-Port, 2-Rack Unit, Black Leviton GigaMax 5e Channel -Rated Keystone Jack - RJ-45, 110 Cat5eCMP1000 Genspeed 5000 Category 5e plenum cable WHITE Ar1TL-20 j-hooks, cable supports, anchors/shots. W/Long hangers. r, . Firestop materials EZ Path 4" sleeve at Server room i Velcro - Wrap 25 yard roll cable dressing in server room. BLACK 41089-2IP Leviton QuickPort 2-Socket Mounting Box - 2 x Socket(s) - Ivory mil 4 2UHWM 4 CATV-RG6 drops 4 HDMI -10' 15 Firestop caulk 2U Horizontal wire management panel Plenum RG6 w/f-conn HDMI 10' w/passthrough plate. Passive insert Drill and firestop floor penetrations. Drill 1/2" hole to accommodate cable. EARLY MORNING UVe Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS Communications Cabling Installation Qty Item Description 1 16* E45RUBKIT Demo Existing cabling *Optional Hoffman E45RUBKIT Rack -To -Wall Ladder Rack Kit; Black Demo abandoned cabling and equipment from data room/MPOP. *Optional One -Time Amount: Subtotal: $1,120.00 $13,836.60 UVe Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS Medina City Hall Quote Information: Quote #: CSS-002326 Version: 1 Delivery Date: 05/04/2016 Expiration Date: 06/01/2016 Quote Summary Prepared for: City of Medina Scott Johnson 2052 County Road 24 Medina, MN 55340 scott.johnson@ci.medina.mn.us Prepared by: Communication Systems Specialists Chad Peterson 763.219.8848 cpeterson@css-mn.com Description Amount Communications Cabling Installation $13,836.60 Subtotal $13,836.60 Tax $348.77 Total $14,185.37 *Optional Expenses Description Amount Communications Cabling Installation $1,120.00 Optional Subtotal $1,120.00 50% Down Description No. of Payments Amount 50% Upon Signature 1 50% Upon Completion 1 None None $7,092.68 $7,092.68 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Signature Date UVe Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS Terms and Conditions The following terms and conditions shall apply to each order for products and services of COMMUNICATION SYSTEMS SPECIALISTS ("CSS") and shall constitute the entire agreement between the parties. The terms and conditions may not be varied, and no modification or addition shall be of any force or effect unless specifically accepted by CSS in writing. Acceptance of orders which contain additional or different conditions of purchase printed on the order or other form shall not be binding upon CSS unless specifically agreed to in writing by an authorized representative of CSS. If any conflict exists between the terms and conditions as set forth herein, and those terms and conditions as contained on Buyer's purchase order, acceptance or other order form, THESE TERMS AND CONDITIONS SHALL SUPERSEDE AND GOVERN. - 1. Pricing Upon CSS's acceptance of a written purchase order, CSS will supply products and/or services at the price stated in CSS's quotation, or if no quotation exists, then in CSS's price list, if any. CSS reserves the right to revise prices if Buyer has not placed an order for products or services subject to any quotation given to Buyer within thirty (30) days of the date on the quotation. In all other cases, CSS reserves the right to revise prices at any time [upon at least thirty (30) days' notice] or [without notice] prior to the date of shipment of products. Buyer shall pay any extra costs reasonably and necessarily incurred by CSS as a result of any changes or modifications to specifications requested by Buyer. - 2. Cancellation Buyer may not cancel or revise any order accepted by CSS without prior written consent of CSS. Upon cancellation or revision of an order, Buyer shall pay CSS all costs reasonably and necessarily incurred in reliance upon the initial order received by CSS. All such charges will be determined by CSS in its sole discretion at the time of cancellation or revision by Buyer. - 3. Payment Payment terms are thirty (30) days net from date of invoice. CSS reserves the right, however, to modify the credit terms hereunder or to require payment in advance or C.O.D. when deemed advisable by CSS, in its sole discretion. - 4. Late Payment CSS reserves the right to charge Buyer interest at 1.5% per month or the maximum legal rate, whichever is less, for any payments more than thirty (30) days overdue. Buyer shall also pay collection costs or court costs plus reasonable attorneys' fees if its account is referred to a collection agency or attorney for collection. - 5. Taxes In addition to the stated purchase price, Buyer will pay any tax imposed by any federal, state or other governmental authority on the sale of the products and/or services. - 6. Delivery Any delivery schedule which CSS may provide to Buyer represents a good faith estimate of delivery dates and shall not bind CSS to anything more than its reasonable efforts to meet such estimates. CSS will not be liable for any loss or expense (consequential or otherwise) incurred by Buyer as a result of any delay in delivery. - 7. Shipments All deliveries hereunder will be F.O.B. CSS's place of business. All deliveries will be via a carrier selected by Buyer at its option. In all such cases title and risk of loss or damage will pass to Buyer upon Seller's delivery of the products to the carrier for shipment to Buyer and no loss or damage will relieve Buyer of any obligation hereunder, including payment for lost or damaged products. UVe Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS - 8. Inspection Unless Buyer notifies CSS in writing thirty (30) days from the date of shipment of any products that said products are rejected, they will be deemed to have been accepted by Buyer. Buyer must also specify the reasons for the products being rejected in order for the notice of rejection to be effective. - 9. Errors Buyer assumes responsibility for errors in specifications submitted to CSS and/or approved by Buyer. CSS reserves the right to correct clerical or stenographic errors or omissions. - 10. Discontinuation CSS reserves the right to discontinue providing products or services to Buyer upon Buyer's failure to perform any material obligation under the terms and conditions set forth herein. Buyer's obligation to pay all amounts owing to CSS pursuant hereto will survive any CSS discontinuation or termination. - 11. Force Majeure Neither party shall be responsible for circumstances beyond its reasonable control which make its performance impossible or delay its performance hereunder. To the extent that a party is delayed by such causes, the time to perform will be extended. -12. Indemnification Buyer agrees to comply with all applicable federal, state and local laws, rules and regulations and to indemnify and save harmless CSS for and from any and all liabilities, expenses, costs and damages which CSS may incur or suffer as the result of Buyer's failure or omission to do so. Buyer shall also indemnify and hold CSS harmless for any and all liabilities, costs and damages which CSS may incur or suffer as a result of Buyer's failure to comply with the terms and conditions stated herein. - 13. Confidentiality CSS agrees not to disclose to third parties any information regarding Buyer or its business or its customers, or use such information for any purpose other than performing Buyer's order, without written approval of Buyer. - 14. Independent Contractor CSS shall at all times act in its own capacity and right as an independent contractor, and nothing contained herein shall be construed to make CSS an agent or partner of Buyer. - 15. Governing Law The laws of the State of Minnesota shall determine the validity, enforceability and interpretation of this Agreement. Any controversy arising hereunder which the parties cannot resolve by negotiation with one another shall be heard in a court of proper jurisdiction located in Hennepin County, Minnesota, and Buyer submits, consents and waives objection to jurisdiction and venue in such courts. -16. Terms These terms shall continue to be effective until all obligations hereunder or any agreement formed pursuant to any quotation given to Buyer have been performed. Either party shall, however, have the right to terminate any such agreement at any time without cause upon thirty (30) days' written notice to the other. UVe Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS LIMITED WARRANTY CSS warrants that the products and services furnished to Buyer shall be free from defects in material and workmanship. The warranty period will be measured from CSS's shipment date and is ONE YEAR. If a product or service is proven not to have met CSS's warranty, then CSS's sole obligation and Buyer's EXCLUSIVE REMEDY will be, at CSS's option, to repair or replace the products, perform the services again or refund the amount which Buyer paid for the non -conforming products or services. CSS has no obligation for any product that has been modified or damaged through misuse, accident, neglect, mishandling, improper maintenance or subsequent modification or alteration by anyone other than CSS. THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS, OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING, CUSTOM OR USAGE OF TRADE. BUYER IS RESPONSIBLE FOR DETERMINING IF A PRODUCT FITS BUYER'S PARTICULAR PURPOSE AND IS SUITABLE FOR BUYER. CSS BEARS NO LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CSS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF DELAY IN CSS'S PERFORMANCE, OR THE USE OR INABILITY TO USE PRODUCTS OR SERVICES PROVIDED TO BUYER, EVEN IF CSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CSS'S CUMULATIVE LIABILITY FOR ANY CLAIM, ACTION OR DAMAGE, WHETHER ARISING IN CONTRACT, TORT OR STRICT LIABILITY, EXCEED THE TOTAL AMOUNT WHICH BUYER PAID FOR THE AFFECTED PRODUCTS OR SERVICES REGARDLESS OF WHETHER THE CONTRACT HAS BEEN BREACHED. No product may be returned to CSS without CSS's prior consent. Before returning a product to CSS, please contact Chad Peterson for shipping instructions. CSS will pay for the return shipment of any defective product. Any replacement products will be shipped at Buyer's expense. UVe Install Quality PO Box 480091, Coon Rapids, Minnesota 55448 Phone: 763-413-3225 Fax: 763-413-3225 Email: service@css-mn.com URL: www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS cos.patted to f�twty "Quality is our commitment to you. Your complete satisfaction is our goal." — Chad Peterson, President For a full range of services available, see our website: www.css-mn.com Mks/ Bic -sr RCDD CORPORATE MEMBER Our customers are very important to us. They are why we work so hard to consistently deliver the level of excellence that they have come to expect from us. And, it is our dedication to quality that keeps them coming back time and time again. It is a pleasure to share some of their comments... Olsen Thielen: "Communication Systems Specialists were an integral part of our office move. We relied heavily on Chad's knowledge and experience when designing our network wiring, security and paging systems and much more. Their work is always very professional and their personal service is top notch. They are the first call we make for any low -voltage wiring projects." — Lisa Dunnigan, Principal of IT Hultgren & Struzel: "1 rarely take the time to write letters, even when I am satisfied. I made an exception because it was such a treat finding a company that did exactly what I wanted, even when 1 wasn't sure what that was...we need more companies like yours." — Greg Hull, President Prime Therapeutics: "Chad and CSS are very detailed and always help us with designing the best possible low voltage solutions for our Data Centers and regional offices. Chad's and CSS' work is always exceeding our expectations. I recommend Chad and CSS for any low voltage job, big or small. Their attention to detail is unmatched." — Curt Guerrette, Senior Network Engineer Delphax Technologies: "1 would like to take a moment to thank you and your staff for your outstanding work on our structured cabling facilities in our new building." — Nate Morris, Computer & Network Systems Administrator StayWell Health Management: "CSS was an excellent partner with us in the wiring and design of our new corporate headquarters and data center. The service and support was great, the technicians were very professional and flexible with our schedules." — Adam Larson, Infrastructure Manager P.O. Box 480091 Coon Rapids, MN 55448 TELE: 763-413-3225 • FAX: 763-219-4669 E-MAIL: service@css-mn.com Visit Our Website at www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS gotv Are _robtportew176 1 "We strive for excellence in each and every job we do for our customers because they are extremely important to us. This means adhering to the highest standards, looking after the smallest details, and going the extra mil e... al wa ys. " — Jennie Peterson, CEO CSS gives every project, regardless of size, the same devotion to detail. Varde Partners: "Chad and CSS provided excellent service and excellent value for a number of engagements for our firm. For projects large and small, CSS consistently demonstrated attention detail, professionalism and a dedicated work ethic to be sure that the job was done right. Throughout our relationship with Chad, he proved himself to be a knowledgeable resource, bringing innovative and creative solutions to our attention while ensuring that our business needs were met." — Zachary Lehman, IT Director "When we chose to add a second floor to our office space, we relied on Communication Systems Specialists for our cabling needs. From start to finish, Chad Peterson and the CSS team impressed us with their outstanding customer service. Whether we had questions, made last minute changes, or needed to troubleshoot the quirks of our building's infrastructure, CSS quickly responded and always went the extra mile to provide solutions and to make sure the job was done right. It is refreshing to find professionals like the CSS team who provide such dedicated personal attention and high caliber workmanship." — Dana Taylor, Expansion Project Manager PRAGMATEK Consulting Group: "I wanted to let you know that Steve, Jeff and Mark did an excellent job on our recent data wiring project. I very much appreciate all the work your entire team did to make our office move a success. Thanks." — Larry Jenkins, IT Manager Concordia University: "Chad runs one of the best cabling companies I have ever had the pleasure to work with. The staff that he employs are knowledgeable, and easy to work with. The work is always completed on time, and the quality of the workmanship is next to none." — Michael Bruder, Network Services Senior Coordinator "1 have had the privilege of working with Chad Peterson for 8 years. I believe it is an honor to write a letter of recommendation for him." — Jonathan Breitbarth, Director of Computer Services "I have worked with Chad and his company over the years and they have always provided excellent service and an excellent value." — Dr. Eric LaMott, VP for Administration P.O. Box 480091 Coon Rapids, MN 55448 TELE: 763-413-3225 • FAX: 763-219-4669 Visit Our Website at E-MAIL: service@css-mn.com www.css-mn.com COMMUNICATION SYSTEMS SPECIALISTS • Customized design/build • Voice and data solutions • 24-Hour emergency service • Testing and trouble -shooting • Fiber optic technologies • NEC compliant cable removal and recycling • Building technology audits • Riser management • Data centers • Telephone systems • Paging/Sound • Audio/Visual • Wireless networking • Moves/Adds/Changes (MAC) • Access control, surveillance and security • National installations • Value management/cost control lirj,tll On.ilii�i! Communication Systems Specialists (CSS) is a certified woman -owned busi- ness, established in 2005 by Jennie Peterson (Chief Executive Officer/Owner) to provide a broad range of affordable, premium quality low -voltage solutions. Jennie along with partners Chad Peterson (President) and Mark Yonekawa (Vice President of Field Operations) make up our extraordinary executive team. Customer Service: Our executive team shares and embraces the philosophy that superior quality at all levels of the organiza- tion, strong attention to detail, and exceptional communications are crucial to good customer service. The kind of service we demand and deliver to each and every customer, regardless of the size or type of project. We are committed to consistently provide you with the highest possible quality products and service so that your first call for low voltage solutions will always be to CSS. We are not content to just live up to your expectations — we strive to exceed them every time. Helping you achieve your Communications goals. Expertise: Our executive team, alone, has collectively over 50 years of design and installation experience in the low voltage industry. That experience, along with the additional knowledge our technicians and other employees bring to your project, ensures the kind of attention to detail and quality you want —the kind of service that exceeds expectations. All of our designs are prepared by a BICSI' Registered Communications Distribution Designer (RCDD®), ensuring that the highest industry standards and technical expertise are applied to each project from the start. P.O. Box 480091 Coon Rapids, MN 55448 TELE: 763-413-3225 • FAX: 763-219-4669 Visit Our Website at E-MAIL: service@css-mn.com www.css-mn.com )DI COMMUNICATION SYSTEMS SPECIALISTS /Lf aH.14,(a-au,r<er S': Some premier manufacturers we have established relationships with include: unipAse ` PINDUIT LEVITON multi Systems APC f C, d HUca.o re,mh.win� 2 BROCADE exacq• Technologies S ONY. ,PEW, rY Schneider fit< ie InFa^us Bright Ideas Made Bahianl VOICtjj`�ARREST' cemueax�cA7U Yj SHARP RCDD CORPORATE MEMBER Quality: "We Install Quality" isn't just our motto, it is our commitment to provide you with superior solutions, experience and service in every facet of every project. All cabling we use is TIA/EIA compliant. Strong working relationships with premier manufac- turers enable us to install the highest quality products with manufacturer support backing them up. We are an award -winning contractor, committed to providing unsurpassed quality in everything we do. We offer a variety of cutting - edge communications solutions Memberships/Certifications: CSS is a corporate member of BICSC, Inc., as well as a member of the Minneapolis Building Owners and Managers Association (BOMA). We are a Woman -Owned Business (certified by the State of Minnesota) and a WBE/SBE contractor. We maintain a wide range of other system and installation certifications (e.g., Corning® Cable Systems TS LAN Design 500, Berk-Tek, Leviton®, and numerous others). Our technicians and other personnel stay abreast of constantly changing technology through continuing education and special training events so that you can always be assured of cutting - edge, up-to-date solutions. Community: We are strongly committed to playing a positive role in the communities where we work and live. CSS actively supports nonprofit and community service organizations such as the Amherst H. Wilder Foundation. We also recycle used cable and metal products (e.g., rack equipment, ladder racking and associated hardware) to keep these materials out of Minnesota's landfills. CSS has recycled well over 100,000 pounds of abandoned cable since 2005. P.O. Box 480091 Coon Rapids, MN 55448 TELE: 763-413-3225 • FAX: 763-219-4669 Visit Our Website at E-MAIL: service@css-mn.com www.css-mn.com SAIA TM Document A105 - 2007 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project AGREEMENT made as of the Twelfth day of May in the year Two Thousand Sixteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Medina 2052 County Road 24 Medina, Minnesota 55340 and the Contractor: (Name, legal status, address and other information) Iyawe and Associates 2500 New Brighton Boulevard, Suite 203 Minneapolis, Minnesota 55418 for the following Project: (Name, location and detailed description) Medina City Hall Lower Level Office Improvements Medina City Hall 2052 County Road 24 Medina, MN 55340 The Architect: (Name, legal status, address and other information) 292 Design Group, Inc. 3533 East Lake Street Minneapolis, Minnesota 55406 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. State or local law may impose requirements on contracts for home improvements. If this document will be used for Work on the Owner's residence, the Owner should consult local authorities or an attomey to verify requirements applicable to this Agreement. AIA Document A105T" — 2007 formerly A105T" —1993 and A205" — 1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; ,2 the drawings and specifications prepared by the Architect, dated , and enumerated as follows: Drawings: Number Title Date A100 Title Sheet — Code Plan & 3/29/16 (All drawings) Information A101 Demolition Plan, Floor Plan, Enlarged Plans A102 Reflected Ceilings Plan, Schedules, Details M101 Plumbing Floor Plans M102 Floor Plans, Demolition Plan — HVAC M103 Mechanical Schedules and Details AIA Document A105Tm — 2007 ((formerly A105Tm —1993 and A2051m — 1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. ME 101 Mechanical and Electrical Schedules E101 Electrical Demolition and Lighting Plans E102 Electrical Demolition and Power & Systems Plans E103 Electrical Schedules E104 Electrical Panelboard Schedules & Riser Diagram Specifications: Section Title Division 00 Procurement & Contracting Requirements Division 01 General Requirements Division 02 Existing Conditions Division 03 Concrete Division 06 Wood, Plastics and Composites Division 07 Thermal and Moisture Protection Division 08 Openings Division 09 Finishes Division 10 Specialties Division 12 Furnishings Division 22 Plumbing Specifications Division 23 Heating, Ventilating and Air Conditioning Specifications Division 26 Electrical Specifications Division 27 Electrical Specifications Pages .3 addenda prepared by the Architect as follows: Number Date Pages Number One 4/18/16 Four pages .4 written orders for changes in the Work issued after execution of this Agreement; and .5 other documents, if any, identified as follows: Section 00 40 00 Bid Form Submitted April 26, 2016 by Iyawe and Associates ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work, no later than one hundred twenty-two ( 122 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. (Insert the date of commencement, if it differs from the date of this Agreement.) ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions in accordance with Article 10, the Contract Sum is: Two Hundred Forty Thousand and no/100 Dollars ($ 240,000.00 ) AIA Document A105TM — 2007 (formerly A105'" —1993 and A2051" — 1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. I § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: (Itemize the Contract Sum among the major portions of the Work.) Portion of Work See Attachment for Contactor's Schedule of Values Value § 3.3 Unit prices, if any, are as follows: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable) Item Unit Price No. 1 — Vinyl Composition Tile Unit Price No. 2 — Remedial Floor Coating Units and Limitations per Square Foot Installed per Square Foot Installed § 3.4 Allowances included in the Contract Sum, if any, are as follows: (Identi allowance and state exclusions, if any, from the allowance price) Item N/A Price Price per Unit ($0.00) $4.00 $8.00 § 3.5 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) N/A § 3.6 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows: (Insert below timing for payments and provisions for withholding retainage, if any.) Within Thirty (30) days following receipt of the Certificate of Payment § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project. Six percent (6%) per annum ARTICLE 5 INSURANCE § 5.1 The Contractor shall provide Contractor's general liability and other insurance as follows: (Insert specific insurance requirements and limits) 5.1.1 Prior to commencing any work, the Contractor shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, which may arise out of operations by the Contractor or by any subcontractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, the minimum coverage and limits of liability specified below, or if greater, any coverage or limits of liability specified in the General Contract or required by law. Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation. Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. The commercial general liability AIA Document A105Tm — 2007 formerly A105T" —1993 and A205" — 1993). Copyright 01993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. (CGL) insurance shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. The city shall be named as and additional insured under the CGL. The automobile liability insurance shall cover liability arising out of any auto, including owned, hired and non -owned autos. A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. 5.1.2 The Contractor shall procure the following minimum insurance coverage and limits of liability: Type of insurance Limit of liability ($0.00) (Row deleted) Workers' Compensation - Statutory Limits Employer's Liability, including "Stop Gap" coverage and USL&H if applicable $1,000,000 each accident $1,000,000 disease -policy limit $1,000,000 disease -each employee Commercial General Liability (For Subcontracts $1 million or less) $2,000,000 each occurrence $2,000,000 products/completed operations aggregate $2,000,000 general aggregate (per project) 5.1.3 Commercial General Liability insurance required under this paragraph shall be on ISO Form CG 00 01 or its equivalent and include coverage for Products/Completed Operations, including EFIS installation, if applicable, which shall be maintained for a period of three (3) years after completion of the work or such longer period as the Contract may require and shall specifically cover as "insured contracts" the Contractor's indemnity obligations under this Contract and other contractual indemnities assumed by the Contractor under the Contract. Commercial Automobile Liability insurance required under this paragraph shall also include coverage for all owned, hired and non -owned automobiles. Professional Liability, if applicable to the Contractor's work, shall be maintained for a period of three (3) years after completion of the work. Any retroactive date on such Professional Liability policy shall be prior to the commencement of any work under this Contract. 5.1.4 Employer's Liability, Commercial General Liability and Automobile Liability insurance may be arranged under single policies for the full minimum limits required, or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy. 5.1.5 The Contractor shall endorse its Commercial General Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies to add the Architect and the Owner as "additional insureds" with respect to liability arising out of (a) operations performed for the Owner by the Contractor, (b) acts or omissions of the Owner in connection with their general supervision of the Contractor's operations and (c) claims for bodily injury or death brought against the Owner by the Contractor's employees, or the employees of Contractor's subcontractors of any tier, however caused, related to the performance of operations under this Contract. Such insurance afforded to the Architect and the Owner as "additional insureds" under the Contractor's policies shall be primary insurance and not excess over, or contributing with, any insurance purchased or maintained by the Architect or the Owner. The Additional Insured coverage shall extend to claims arising out of the Contractor's ongoing operations for the City. The Contractor acknowledges and agrees that coverage under the July 2004 Edition of ISO Additional Insured Endorsement CG 20 10 is not acceptable. If Additional Insured coverage is provided until ISO Additional Insured Endorsement CG 20 10, it will be provided under a pre-2004 Edition of the Endorsement. The Owner and Architect shall be named additional insureds. 5.1.6 The Contractor shall maintain in effect all insurance coverage required under this supplement, or by the Contract, at the Contractor's sole expense and with insurance companies that have an A.M. Best rating of A- VII or better. If the Contractor fails to procure and maintain the insurance coverage set forth herein, Owner AIA Document A105T" — 2007 Uormerly A105T" —1993 and A205" — 1993). Copyright 01993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. may, but shall not be obligated to, obtain such insurance and charge all costs for such insurance to the Contractor. 5.1.7 All insurance policies shall contain a provision that coverage afforded there under shall not be cancelled, or restrictive modifications added, without thirty (30) days prior written notice to the Owner and Construction Manager. Certificates of Insurance shall be filed with the Owner prior to the start of the Contractor's work. Such Certificates of Insurance shall be in a form acceptable to the Owner and shall provide satisfactory evidence that the Contractor has complied with all insurance requirements, including evidence that the Architect, and the Owner have been added as "additional insureds." 5.1.8 The Contractor agrees to assume entire responsibility and liability for all damages or injury to all persons, whether employees or otherwise, and to all property, arising out of, resulting from, or in any manner connected with the work provided for in this Contract or occurring or resulting from the use by the Contractor, its agents or employees, of materials, equipment, instrumentalities or other property, whether the same be owned by the Owner, the Contractor, or third parties, and the Contractor agrees to defend, indemnify and save harmless the Owner, their agents and employees from all such claims including, without limiting the generality of the foregoing, claims for which the Owner may be or claimed to be liable, and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph, and the Contractor further agrees to obtain, maintain and pay for such Commercial General Liability insurance coverage as will insure the provisions of this paragraph, to the fullest extent available. 5.1.9 In any and all claims against the Owner or any of their agents or employees, by any employee of the Contractor, anyone directly or indirectly employed by the Contractor, or anyone for whose acts the Contractor may be liable, the indemnification under this Rider shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under any Workers' or Workmen's Compensation acts, disability acts or other employee benefit acts. § 5.2 BUILDER'S RISK INSURANCE 5.2.1 Builder's Risk insurance, per the terms of the Contract, shall be provided by: Owner If the Owner provides Builder's Risk coverage, the Contractor shall be named as an "additional insured" under the policy. 5.2.2 To the extent of coverage afforded by builder's risk or any other property or equipment floater insurance applicable to the work or the Project or equipment used in the performance of the work or Project, regardless of whether such insurance is owned by or for the benefit of the Contractor, the Owner or their respective subcontractors and agents, the Contractor agree to waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Owner and any of its contractors, subcontractors, agents and employees, whether under subrogation or otherwise, for loss or damage to the extent covered by such insurance, except such rights as they may have to the proceeds of such insurance. If policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, then the owners of such policies will cause them to be so endorsed. A waiver of subrogation shall be effective as to a party even though that party would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the party had an insurable interest in the property damaged. 5.2.3 Any deductible amount applied to any loss payable under any builder's risk or other property insurance applicable to the work or Project shall be borne by the insured party whose work is damaged in direct proportion as their individual losses shall bear to the total losses incurred in a single event, regardless of whether such loss is to work installed and completed, to materials stored on or off site, or to materials in transit. Neither the Owner represents that any builder's risk or property insurance applicable to the work, if any, is adequate to protect the interests of the Contractor. It shall be the obligation of the Contractor to determine whether such insurance is in effect and provides adequate protection for its insurable interests, or whether the Contractor should purchase and maintain supplementary property insurance that it deems necessary to protect its interests in the work. The deductible amount on the builder's risk policy will be $5,000. AM Document A105Tm — 2007 formerly A105Tm —1993 and A205Tm — 1993). Copyright O 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. § 5.3 WAIVER OF SUBROGATION 5.3.1 Except as otherwise provided herein, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, and (2) the Architect, Architect's Consultants, separate contractors, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Notwithstanding the above, Owner does not waive its rights to subrogate against (1) contractor, any of its subcontractors, sub -subcontractors, agents and employee, or (2) Architect, Architect's consultant, or any of their subcontractors, sub -subcontractors, agents or employees, for damages caused to non -Project related property, real or personal or both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or omission of the (1) contractor, any of its subcontractors, sub -subcontractors, agents or employees, or (2) the Architect, Architect's Consultants, and any of their subcontractors, sub -subcontractors, agents and employees. § 5.4 BONDS . 5.4.1 Contractor shall furnish the Owner a performance bond and a payment bond in accordance with Minnesota Statute 574.26 each in the amount of the contract price prior to commencement of the work. § 5.5 Unless specifically precluded by the Owner's property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents and employees, each of the other; and (2) the Architect, Architect's consultants and any of their agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the Work ARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10. § 6.2 THE WORK The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. § 6.3INTENT The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. § 6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights,. The Contractor, subcontractors, sub -subcontractors, and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. Upon completion of the Project or termination, the Owner shall jointly own all rights, tittle and interest in all the instruments of service which arise out of the performance of the Project ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. § 7.1.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments and charges. AIA Document A105T" - 2007 formerly A1QST^" -1993 and A205Tm-1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. § 7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. § 7.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. Such costs shall be the reasonable costs to carry out the work as determined at the time of breach. § 7.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project. § 7.4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. § 7.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Architect. § 8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. § 8.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. § 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. § 8.4 LABOR AND MATERIALS § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. § 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AIA Document A105Tm — 2007 (formerly A105Tm —1993 and A2051m — 1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. § 8.5 WARRANTY The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. § 8.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. § 8.7 PERMITS, FEES AND NOTICES § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. § 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations. § 8.8 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 8.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner. § 8.10 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 8.11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste materials. § 8.12INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. ARTICLE 9 ARCHITECT § 9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. § 9.3 The Architect will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, AIA Document A105'*' — 2007 (formerly A105T"1—1993 and A205Tm — 1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. since these are solely the Contractor's responsibility. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. § 9.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor. § 9.5 The Architect has authority to reject Work that does not conform to the Contract Documents. § 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 9.7 The Architect will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request from either the Owner or Contractor. § 9.8 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 9.9 The Architect's duties, responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor can not agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. Such costs must be substantiated in writing by the Contractor and shall include invoices, time cards, and any other documents kept in the ordinary course of business which show the Contractor's actual costs associated with completing the work." § 10.2 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such orders shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall carry out such orders promptly. § 10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION § 12.1 CONTRACT SUM The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 12.2 APPLICATIONS FOR PAYMENT § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require. Payments shall be made on account of materials and equipment delivered and AIA Document A105T'" — 2007 (formerly A105T" —1993 and A205Tm — 1993). Copyright 01993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 12.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 12.3 CERTIFICATES FOR PAYMENT The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. If the Architect withholds a certificate for payment in whole or in part, the Owner may retain that payment from the Contractor. Upon withholding, the Owner shall notify the Contractor in writing as to the basis for the withholding, identifying the good -faith dispute as to the nature of the withholding. The parties further agree that such withholding may exceed five percent of the contract sum or progress payment amount, but is limited only to that amount reasonably related the good -faith dispute. Such amount may be determined by reference to bids or quotes which show the reasonable cost to have the work completed." § 12.4 PROGRESS PAYMENTS § 12.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. § 12.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. § 12.5 SUBSTANTIAL COMPLETION § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 12.5.2 When the Work or designated portion thereof is substantially complete, the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.5.3 The parties agree that substantial completion as defined herein shall not indicate substantial performance with the Contract. Substantial performance shall occur at such time as the Contractor completes all additional "punch list" items to the satisfaction of the Owner. No amounts being withheld due to a good -faith dispute may be released until substantial performance of the Contract is achieved. § 12.6 FINAL COMPLETION AND FINAL PAYMENT § 12.6.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. AIA Document A105Tm — 2007 formerly A105T"' —1993 and A205Tm — 1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract. § 12.6.3 Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. § 12.6.4 The Owner shall not be required to include in the final payment any amounts withheld due to a good -faith dispute as to the quality or occurrence of any Work required under the Contract. Such amounts may exceed five percent of the Contract Sum, but are limited to the reasonable costs to complete the work. Owner shall notify the Contractor in writing of any good -faith dispute as to the quality or occurrence of any Work, and Contractor shall have seven calendar days to complete such work or notify Owner of its decision not to complete the Work. If Contractor fails to complete the Work, the Owner may cause the work to be performed and may deduct the costs of completing the work from the final amounts due to Contractor under the Contract Sum." ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury or loss to employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement and additional testing. § 14.2 In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of one year after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. § 14.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 TESTS AND INSPECTIONS § 15.2.1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 15.2.2 If the Architect requires additional testing, the Contractor shall perform those tests. § 15.2.3 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed. § 15.3 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 12.3 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 12.4.1 for a period of 30 days, the Contractor AIA Document A105T" — 2007 formerly A105T" —1993 and A205T"—1993). Copyright 01993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. § 16.2 TERMINATION BY THE OWNER FOR CAUSE § 16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. § 16.2.2 When any of the above reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the Owner may deem expedient. § 16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. § 16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below) § 17.1 AUDIT The Contractor shall be subject to audit pursuant to Minnesota Statutes, Section 16C.05. The books, records, documents, and accounting procedures and practices of the Contractor that are relevant to this Contract, are subject to examination by the Owner and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. The Contractor shall retain all information for a period of no less than six years from the completion of this Contract pursuant to Minn. Stat. 16C.05. § 17.2 DATA PRACTICES ACT The Contractor hereby acknowledges that any data created or maintained by the Contractor may be subject to the Minnesota Data Practices Act, Minnesota Statutes, Chapter 13. The Contractor shall maintain all data as required by that Act. This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warning statements above the signatures.) AIA Document A105TTM — 2007 (formerly A105T'A —1993 and A205T"'—1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Init. OWNER (Signature) CONTRACTOR (Signature) (Printed name, title and address) (Printed name, title and address) LICENSE NO.: JURISDICTION: AIA Document A105TM — 2007 (formerly A1057° —1993 and A205T"1—1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Additions and Deletions Report for AIA® Document A 105rM — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:38:45 on 05/12/2016. PAGE AGREEMENT made as of the Twelfth day of May in the year Two Thousand Sixteen City of Medina 2052 County Road 24 Medina, Minnesota 55340 Ivawe and Associates 2500 New Brighton Boulevard, Suite 203 Minneapolis, Minnesota 55418 Medina City Hall Lower Level Office Improvements Medina City Hall 2052 County Road 24 Medina, MN 55340 292 Design Group, Inc. 3533 East Lake Street Minneapolis, Minnesota 55406 PAGE 2 A100 A101 A102 M101 M 102 M103 ME101 Title Sheet — Code Plan & 3/29/16 (All drawings) Information Demolition Plan, Floor Plan, Enlarged Plans Reflected Ceilings Plan, Schedules, Details Plumbing Floor Plans Floor Plans, Demolition Plan — HVAC Mechanical Schedules and Details Mechanical and Electrical Schedules Additions and Deletions Report for AIA Document A1057* - 2007 (formerly A105T"TM -1993 and A205T'A -1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) PAGE 3 E101 E102 E103 E104 Division 00 Division 01 Division 02 Division 03 Division 06 Division 07 Division 08 Division 09 Division 10 Division 12 Division 22 Division 23 Division 26 Division 27 Number One Electrical Demolition and Lighting Plans Electrical Demolition and Power & Systems Plans Electrical Schedules Electrical Panelboard Schedules & Riser Diagram Procurement & Contracting Requirements General Requirements Existing Conditions Concrete Wood, Plastics and Composites Thermal and Moisture Protection Openings Finishes Specialties Furnishings Plumbing Specifications Heating, Ventilating and Air Conditioning Specifications Electrical Specifications Electrical Specifications 4/18/16 Four pages Section 00 40 00 Bid Form Submitted April 26, 2016 by Iyawe and Associates The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work, no later than one hundred twenty-two (122 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. Two Hundred Forty Thousand and no/100 Dollars ($ 240,000.00 ) PAGE 4 See Attachment for Contactor's Schedule of Values Additions and Deletions Report for AIA Document A105T"' —2007 (formerly A105T"' —1993 and A205T" —1993). Copyright 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Unit Price No. 1 — Vinyl Composition Tile Unit Price No. 2 — Remedial Floor Coating N/A per Square Foot Installed $4.00 per Square Foot Installed $8.00 N/A Within Thirty (30) days following receipt of the Certificate of Payment Six percent (6%) per annum PAGE 5 5.1.1 Prior to commencing any work, the Contractor shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, which may arise out of operations by the Contractor or by any subcontractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, the minimum coverage and limits of liability specified below, or if greater, any coverage or limits of liability specified in the General Contract or required by law. Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation. Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. The commercial general liability (CGL) insurance shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. The city shall be named as and additional insured under the CGL. The automobile liability insurance shall cover liability arising out of any auto, including owned, hired and non -owned autos. A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. 5.1.2 The Contractor shall procure the following minimum insurance coverage and limits of liability: Workers' Compensation - Statutory Limits Employer's Liability, including "Stop Gap" coverage and USL&H if applicable $1,000,000 each accident $1,000,000 disease -policy limit $1,000,000 disease -each employee Commercial General Liability (For Subcontracts $1 million or less) $2,000,000 each occurrence Additions and Deletions Report for AIA Document A105 TM - 2007 (formerly A105Tm —1993 and A205T"'—1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) $2,000,000 products/completed operations aggregate $2,000,000 general aggregate (per project) 5.1.3 Commercial General Liability insurance required under this paragraph shall be on ISO Form CG 00 01 or its equivalent and include coverage for Products/Completed Operations, including EFIS installation, if applicable, which shall be maintained for a period of three (3) years after completion of the work or such longer period as the Contract may require and shall specifically cover as "insured contracts" the Contractor's indemnity obligations under this Contract and other contractual indemnities assumed by the Contractor under the Contract. Commercial Automobile Liability insurance required under this paragraph shall also include coverage for all owned, hired and non -owned automobiles. Professional Liability, if applicable to the Contractor's work, shall be maintained for aperiod of three (3) years after completion of the work. Any retroactive date on such Professional Liability policy shall be prior to the commencement of any work under this Contract. 5.1.4 Employer's Liability, Commercial General Liability and Automobile Liability insurance may be arranged under single policies for the full minimum limits required, or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy. 5.1.5 The Contractor shall endorse its Commercial General Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies to add the Architect and the Owner as "additional insureds" with respect to liability arising out of (a) operations performed for the Owner by the Contractor, (b) acts or omissions of the Owner in connection with their general supervision of the Contractor's operations and (c) claims for bodily injury or death brought against the Owner by the Contractor's employees, or the employees of Contractor's subcontractors of any tier, however caused, related to the performance of operations under this Contract. Such insurance afforded to the Architect and the Owner as "additional insureds" under the Contractor's policies shall be primary insurance and not excess over, or contributing with, any insurance purchased or maintained by the Architect or the Owner. The Additional Insured coverage shall extend to claims arising out of the Contractor's ongoing operations for the City. The Contractor acknowledges and agrees that coverage under the July 2004 Edition of ISO Additional Insured Endorsement CG 20 10 is not acceptable. If Additional Insured coverage is provided until ISO Additional Insured Endorsement CG 20 10, it will be provided under a pre-2004 Edition of the Endorsement. The Owner and Architect shall be named additional insureds. 5.1.6 The Contractor shall maintain in effect all insurance coverage required under this supplement, or by the Contract, at the Contractor's sole expense and with insurance companies that have an A.M. Best rating of A- VII or better. If the Contractor fails to procure and maintain the insurance coverage set forth herein, Owner may, but shall not be obligated to, obtain such insurance and charge all costs for such insurance to the Contractor. 5.1.7 All insurance policies shall contain a provision that coverage afforded there under shall not be cancelled, or restrictive modifications added, without thirty (30) days prior written notice to the Owner and Construction Manager. Certificates of Insurance shall be filed with the Owner prior to the start of the Contractor's work. Such Certificates of Insurance shall be in a form acceptable to the Owner and shall provide satisfactory evidence that the Contractor has complied with all insurance requirements, including evidence that the Architect, and the Owner have been added as "additional insureds." 5.1.8 The Contractor agrees to assume entire responsibility and liability for all damages or injury to all persons, whether employees or otherwise, and to all property, arising out of, resulting from, or in any manner connected with the work provided for in this Contract or occurring or resulting from the use by the Contractor, its agents or employees, of materials, equipment, instrumentalities or other property, whether the same be owned by the Owner, the Contractor, or third parties, and the Contractor agrees to defend, indemnify and save harmless the Owner, their agents and employees from all such claims including, without limiting the generality of the foregoing, claims for which the Owner may be or claimed to be liable, and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph, and the Contractor further agrees to obtain, maintain and pay for such Commercial General Liability insurance coverage as will insure the provisions of this paragraph, to the fullest extent available. Additions and Deletions Report for AIA Document A105TM - 2007 (formerly A1051" —1993 and A205",—1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) 5.1.9 In any and all claims against the Owner or any of their agents or employees, by any employee of the Contractor, anyone directly or indirectly employed by the Contractor, or anyone for whose acts the Contractor may be liable, the indemnification under this Rider shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under any Workers' or Workmen's Compensation acts, disability acts or other employee benefit acts. § 5.2 The Owner shall provide property insurance to cover the value of the Owner's property, including any Work provided under this Agreement. The Contractor is entitled to receive an increase in the Contract Sum equal to the BUILDER'S RISK INSURANCE 5.2.1 Builder's Risk insurance, per the terms of the Contract, shall be provided by: Owner If the Owner provides Builder's Risk coverage, the Contractor shall be named as an "additional insured" under the policy. 5.2.2 To the extent of coverage afforded by builder's risk or any other property or equipment floater insurance applicable to the work or the Project or equipment used in the performance of the work or Project, regardless of whether such insurance is owned by or for the benefit of the Contractor, the Owner or their respective subcontractors and agents, the Contractor agree to waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Owner and any of its contractors, subcontractors, agents and employees, whether under subrogation or otherwise, for loss or damage to the extent covered by such insurance, except such rights as they may have to the proceeds of such insurance. If policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, then the owners of such policies will cause them to be so endorsed. A waiver of subrogation shall be effective as to a party even though that party would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the party had an insurable interest in the property damaged. 5.2.3 Any deductible amount applied to any loss payable under any builder's risk or other property insurance applicable to the work or Project shall be borne by the insured party whose work is damaged in direct proportion as their individual losses shall bear to the total losses incurred in a single event, regardless of whether such loss is to work installed and completed, to materials stored on or off site, or to materials in transit. Neither the Owner represents that any builder's risk or property insurance applicable to the work, if any, is adequate to protect the interests of the Contractor. It shall be the obligation of the Contractor to determine whether such insurance is in effect and provides adequate protection for its insurable interests, or whether the Contractor should purchase and maintain supplementary property insurance that it deems necessary to protect its interests in the work. The deductible amount on the builder's risk policy will be $5,000. § 5.3 ' WAIVER OF SUBROGATION 5.3.1 Except as otherwise provided herein, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, and (2) the Architect, Architect's Consultants, separate contractors, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. Notwithstanding the above, Owner does not waive its rights to subrogate against (1) contractor, any of its subcontractors, sub -subcontractors, agents and employee, or (2) Architect, Architect's consultant, or any of their subcontractors, sub -subcontractors, agents or employees, for damages caused to non -Project related property, real or personal or both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or omission of the (1) contractor, any of its subcontractors, sub -subcontractors, agents or employees, or (2) the Architect, Architect's Consultants, and any of their subcontractors, sub -subcontractors, agents and employees. Additions and Deletions Report for AM Document A105TM - 2007 (formerly A105T" —1993 and A205T" —1993). Copyright 01993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) § 5.4 t'��k :BONDS . 5.4.1 Contractor shall furnish the Owner a performance bond and a payment bond in accordance with Minnesota Statute 574.26 each in the amount of the contract price prior to commencement of the work. § 5.5 Unless specifically precluded by the Owner's property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents and employees, each of the other; and (2) the Architect, Architect's consultants and any of their agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the Wefle Work PAGE 7 Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. rights,. The Contractor, subcontractors, sub -subcontractors, and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. Upon completion of the Project or termination, the Owner shall jointly own all rights, tittle and interest in all the instruments of service which arise out of the performance of the Project PAGE 8 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. Such costs shall be the reasonable costs to carry out the work as determined at the time of breach. PAGE 10 § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor can not agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. Such costs must be substantiated in writing by the Contractor and shall include invoices, time cards, and any other documents kept in the ordinary course of business which show the Contractor's actual costs associated with completing the work." PAGE 11 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. If the Architect withholds a certificate for payment in whole or in part, the Owner may retain that payment from the Contractor. Upon withholding, the Owner shall notify the Contractor in writing as to the basis for the withholding, identifying the good -faith dispute as to the nature of the withholding. The parties further agree that such withholding may exceed five percent of the contract sum or progress payment amount, but is limited only to that amount reasonably related the good -faith dispute. Such amount may be determined by reference to bids or quotes which show the reasonable cost to have the work completed." § 12.5.3 The parties agree that substantial completion as defined herein shall not indicate substantial performance with the Contract. Substantial performance shall occur at such time as the Contractor completes all additional "punch list" items to the satisfaction of the Owner. No amounts being withheld due to a good -faith dispute may be released until substantial performance of the Contract is achieved. Additions and Deletions Report for AIA Document A105TM - 2007 (formerly A105T" —1993 and A205"'—1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) PAGE 12 § 12.6.4 The Owner shall not be required to include in the final payment any amounts withheld due to a good -faith dispute as to the quality or occurrence of any Work required under the Contract. Such amounts may exceed five percent of the Contract Sum, but are limited to the reasonable costs to complete the work. Owner shall notify the Contractor in writing of any good -faith dispute as to the quality or occurrence of any Work, and Contractor shall have seven calendar days to complete such work or notify Owner of its decision not to complete the Work. If Contractor fails to complete the Work, the Owner may cause the work to be performed and may deduct the costs of completing the work from the final amounts due to Contractor under the Contract Sum." PAGE 13 6 17.1 AUDIT The Contractor shall be subject to audit pursuant to Minnesota Statutes, Section 16C.05. The books, records, documents, and accounting procedures and practices of the Contractor that are relevant to this Contract, are subject to examination by the Owner and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. The Contractor shall retain all information for a period of no less than six years from the completion of this Contract pursuant to Minn. Stat. 16C.05. 17.2 DATA PRACTICES ACT The Contractor hereby acknowledges that any data created or maintained by the Contractor may be subject to the Minnesota Data Practices Act, Minnesota Statutes, Chapter 13. The Contractor shall maintain all data as required by that Act. Additions and Deletions Report for AIA Document A105T"' — 2007 (formerly A105T" —1993 and A205T7"—1993). Copyright 01993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Pamela Bakken Anderson , AIA, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:38:45 on 05/12/2016 under Order No. 7487067763_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A105TM — 2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:45 on 05/12/2016 under Order No.7487067763_1 which expires on 12/19/2016, and is not for resale. User Notes: (1131885675) ATTACHMENT to Standard Form of Agreement Between Owner and Contractor AIA Document A105-2007 May 12, 2016 BETWEEN the Owner: The City of Medina, 2052 County Road 24, Medina, Minnesota 55340 hereinafter referred to as the "Owner," and the Contractor: Iyawe and Associates 2500 New Brighton Boulevard, Suite 203 Minneapolis, Minnesota 55418 for the following Project: City Hall Lower Level Office Improvement Project 2052 County Road 24 Medina, Minnesota 55340 The Architect: 292 Design Group 3533 E. Lake Street Minneapolis, Minnesota 55406 The Owner and Contractor agree as follows. Article 3: Contract Sum 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: Division 1— General - $40,900 Division 2 — Demolition - $2,500 Division 3 — Concrete - $2,000 Division 6 — Wood, Plastic & Composites - $5,500 Division 7 — Thermal & Moisture Protection - $400 Division 8 — Openings - $18,000 Division 9 — Finishes - $38,000 Division 10 — Specialties - $3,000 Division 12 — Furnishings - $12,500 Division 22 — Plumbing - $29,600 Division 23 — HVAC - $39,100 Division 26 & 27 — Electrical - $48,500 Page 1 of 1 AlA Document G703 Continuation Sheet ALA Document G702, APPLICATION AND CERTIEICA LION FOR PAYMENT. containing Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. L:sc Column I on Contracts where variahle retainage for line item may apply. APPLICATION NO: 0 APPLICATION DATE: 0 PERIOD TO: 0 ARCHITECT'S PROJECT NO: Lt A l i D E 1 G II I WORK COMPLETED MATERIALS TOTAL BALANCE PRESENTLY COMPLETED RETAINAGE SCHEDULED FROM PREVIOUS % TO ITEM DESCRIPTION OF WORK STORED AND STORED (IF VARIABLE VALUE APPLICATION THIS PERIOD (G / C) FINISH NO. (NOT IN TO DATE RATE) (D + E) D OR E) (D+E+F) (C - G), 1 General $40,900 00 50.00 $0.00 $0.00 $0.00 0.0 $40.900.00 $0.00 2 Demolition $2,500 00 SO 00 $0 00 $0.00 S0 00 0.0 $2,500.00 $0.00 3 Concrete $2,000 00 S0.00 $0.00 $0.00 S0.00 0.0 $2,000.00 $0 00 4 Wood, Plastic and Composites $5,500.00 $0,00 S0 00 $0.00 $O 00 0,0 $5,500.00 $0.00 5 Thermal & Moisture Protection $400 00 S0.00 $0 00 S0.00 S0.00 0.0 $400 00 $0.00 6 Openings $18,000.00 S0.00 S0 00 $0.00 $0.00 0.0 $18,000.00 $0.00 7 Finishes S38,000.00 $0.00 $0.00 S0.00 $0 00 0 0 $38,000.00 $0 00 8 Specialties $3,000,00 $0.00 $0,00 $0.00 $0.00 0.0 $3,000.00 $0 00 9 Furnishes $12,500.00 $0 00 $0.00 50.00 S0 00 0 0 $12,500.00 $0.00 10 Plumbing S29,600.00 $0 00 $0.00 $0.00 $0 00 0.0 $29,600.00 $0 00 11 HVAC S39,100.00 $0 00 $0 00 $0.00 $0.00 0.0 $39,100.00 $0.00 12 Eletrical S48,500.00 $0.00 $0.00 $0 00 $0 00 0.0 $48,500.00 $0 00 13 S0.00 $0.00 $0.00 $0.00 $0.00 0.0 $0.00 $0 00 14 SO00$0 00 $0.00 S0.00 $0,00 0.0 $0.00 $0.00 15 $0.00 $0.00 $0.00 $0.00 $0,00 0-0 $0.00 $0.00 16 $0.00 $0.00 $0.00 $0.00 $0.00 0.0 $0.00 $0 00 17 $0 00 $0,00 $0 00 $0.00 $0.00 0.0 $0.00 $0 00 18 $0.00 $0.00 $0.00 $0 00 $0 00 0.0 $0.00 $0.00 19 $0.00 $0,00 SO 00 S0.00 $0.00 0.0 $0.00 $0 00 20 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 $0.00 S0.00 $240.000 00 $0.00 S0 00 $0.00 $0.00 $240,000.00 SO 00 Copyright 2006 by computerized-aia-g702-g703-payment-software_com_ AIA is a registered trademark. Computerized-aia-g702-g703-payment-software.com is not affiliated with ALA, nor do we claim to be. Agenda Item # 5D CITY OF MEDINA ORDINANCE NO. ## AN ORDINANCE AMENDING THE MEDINA CLYDESDALE MARKETPLACE PLANNED UNIT DEVELOPMENT DISTRICT FOR LARGER MONUMENT SIGN THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The Medina Clydesdale Marketplace Planned Unit Development (PUD) district established through Ordinance No. 384 and Resolution 2005-55 is hereby amended as described in this ordinance. Section 2. Planned Unit Development Amendment - A. A PUD Amendment is hereby approved for construction of a monument sign with a sign area of 317.6 square foot and height of 29.2 feet located on Outlot B, Medina Clydesdale Marketplace, Hennepin County, Minnesota (PIN# 12-118-23-24-0026). The Monument Sign shall be as shown on the plans as approved through the PUD Amendment and received by the City on April 28, 2016 and as displayed on Exhibit A, except as modified within this ordinance. B. The existing monument sign located on Lot 1, Block 2, Medina Clydesdale Marketplace, Hennepin County, Minnesota shall be removed no later than seven days following the construction of the new monument sign referenced in Section 2.A. above. C. Any standards not specifically addressed by this Ordinance, Ordinance No. 384, or Resolution 2005-55 shall be subject to the requirements set forth by the City of Medina Zoning Ordinance. Section 3. This ordinance shall constitute an amendment of the Medina Clydesdale Marketplace PUD as applied to Lot 1, Block 2 and Outlot B, Medina Clydesdale Marketplace, Hennepin County, Minnesota and only to the extent explicitly noted herein. Except for the foregoing, all terms and conditions of Ordinance No. 384 and Resolution 2005-55 shall remain applicable to the extent that they have not previously been satisfied or amended. No other property within the PUD shall be affected by this ordinance. Section 4. A copy of this Ordinance shall be kept on file at the Medina City Hall. Section 5. This Ordinance shall be effective upon its passage and publication. Ordinance No. May 17, 2016 1 Adopted by the Medina City Council this 17th day of May, 2016. CITY OF MEDINA By: Bob Mitchell, Mayor Attest: By: Jodi M. Gallup, City Clerk Published in the Crow River News on this day of , 2016. Ordinance No. May 17, 2016 2 MEDINA, MN MAMA E 0021ACL 1 EXHIBIT A GENERAL PLAN OF DEVELOPMENT TARGET TENANT TENANT TENANT TENANT TENANT TENANT IN -LAN ,OIa141.:10.113 1, .g.z INNNN MCA MTION TENANT 0151NET • CAM MNI UMW -i'MIAWM i MNEOM MINNA PI TENANT PALLS .51I =I AN WAR DIY YSAMLS DEMAND Iry 'pm WPM - MIMICS 1M 56E • INN ISE151NN.Nl MOAN SCY®LLE PINATA NOTL SIONN T.E. 2Cm LWEE n unnurEI7.N nman MEDINA, MN I O'-0" SET BACK FROM PROPERTY LINE N o arn RUA„IAN..TCIN1.I Ordinance No. May 17, 2016 1► 2. 3 Nlp KE7FLA CE Fafi' E: 7AI P aAE WIN M.NRKETAEA Lawrence ,-Sign AA1.aA5+1- rrrl wEr CLYDESDAILE MA AK ET FL. ACE I.IL. SIGN TVPE: M ILILIMNNTCO AMMO NI CMATOMMI �fl DYE EIIAI A AR tan. (I R. MM. ANN 01.2L10 DWG: 71000E �= PAGE, Li Lawrence 'Sign AiAMIANll : SIMASAIIINl CLUE CLYDESDALE MARKETPLACE NEIA4. NE SIGN T'+PE Oh ILLUMPIIVEP MONUMENT GUST OMEN AMMONIA LATE- 1. 02T4.115 EM RP, 05.15.1511 REV N 00.24.1611 MO 1200.1511 RN 5" 1231.15 NR REV f: 0315.1611 Fs: 6P PP mN 0 MR, 0195.15 VMG: 730041 .110141,0 AEUYac I1RN PAGE,13 Agenda Item # 5E Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2016- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. an ordinance amending the Medina Clydesdale Marketplace Planned Unit Development District for a Monument Sign; and WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is three pages in length and includes a map; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that the city administrator shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the city of Medina has adopted Ordinance No. an ordinance amending the Medina Clydesdale Marketplace Planned Unit Development (PUD) District. The amendment permits construction of a 317.6 square foot in area, 29.2 foot in height monument sign on Oudot B, Medina Clydesdale Marketplace to replace an existing monument sign located on Lot 1, Block 2, Medina Clydesdale Marketplace. The full text of Ordinance No. is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Resolution No. 2015-57 July 21, 2015 Dated: May 17, 2016 Bob Mitchell, Mayor ATTEST: Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2016- 2 May 17, 2016 Agenda Item # 7A MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: May 12, 2016 MEETING: May 17, 2016 City Council SUBJ: Deerhill Preserve Storm Sewer Improvement Tax District (Public Hearing) Background The City's practice is to require that homeowners' associations maintain stormwater improvements within developments. This is formalized through an agreement that is recorded against each property. The City has drafted such an agreement for Deerhill Preserve which will be presented when the final plat is ready for action. Additionally, the City's practice is to establish Storm Sewer Improvement Taxing District over development sites as a "back-up plan" if the homeowner's association does not maintain stormwater improvements. The City has taken this step in all recent residential subdivisions. Prior to considering the establishment of such a district, the City Council is required to hold a Public Hearing. Notice of this public hearing for Deerhill Preserve was published for the May 17, 2016 meeting. The applicant is continuing to finalize the Conservation Easement and Land Stewardship Plan related to the Conservation Areas of the proposed CD-PUD development with Minnehaha Creek Watershed. The applicant is also continuing their review of the development agreement. As directed by the Council, staff awaits these matters being resolved before preparing final approval documents for Deerhill Preserve. However, since the hearing was already published for the Storm Sewer Improvement Tax District, staff recommends that the City Council hold the hearing at the May 17 meeting. Following the hearing, the Council can close the hearing but delay action on the ordinance establishing the taxing district until action is taken on the subdivision. Staff Recommendation Following the Public Hearing, staff recommends that the City Council take the following action: Motion to direct staff to present the ordinance establishing the Deerhill Preserve storm sewer improvement tax district for approval after action on the plat of Deerhill Preserve. Attachment Ordinance establishing Deerhill Preserve Storm Sewer Improvement Tax District Deerhill Preserve Page 1 of 1 May 17, 2016 Storm Sewer Improvement Tax District City Council Meeting CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE ESTABLISHING THE DEERHILL PRESERVE STORM SEWER IMPROVEMENT TAX DISTRICT THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: Section I. Background: Findings. 1.01. The City is authorized by Minnesota Statutes, Sections 444.16 — 444.21 (the "Act") to establish a storm sewer improvement tax district in connection with the Deerhill Preserve subdivision (the "District") to acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related facilities within the District and to acquire, construct, maintain and improve stormwater holding areas and ponds outside of the District which are for the benefit of the District in accordance with the Act and to levy a tax on all taxable property within the District to finance such activities. 1.02. It is found and determined that it is in the best interests of Medina and its storm water management program that the District be established. The District shall be comprised of the land legally described in Exhibit A, attached hereto. Section II. Establishment: Authorizations. 2.01. The Deerhill Preserve Storm Sewer Improvement Tax District is hereby established. The City shall have all powers and authority conferred by the Act in the operation and financing of the activities of the District. 2.02. The boundaries of the District include all property described in Exhibit A, attached hereto and are depicted in the map on Exhibit B, attached hereto. 2.03. The City Clerk is authorized and directed to file a certified copy of this ordinance with the Auditor, Recorder, and Registrar of Titles of Hennepin County. Section III. This ordinance shall become effective upon its adoption and publication and the recording of the plat of Deerhill Preserve in Hennepin County. Ordinance No. ### 1 DATE Adopted by the City Council of the City of Medina this day of , 2016. Attest: Bob Mitchell, Mayor Jodi M. Gallup, City Clerk Published in the South Crow River News on this day of , Ordinance No. ### 2 DATE EXHIBIT A Legal Description of property contained within boundaries of Deerhill Preserve Storm Sewer Improvement Tax District Lots 1 through 4, Block 1; Lots 1 and 2, Block 2; Lots 1 through 4, Block 3; and OutlotsB, C,D,E,F, G,H,I,J,K,L,Mand1V; Deerhill Preserve, Hennepin County, Minnesota, according to the recorded plat thereof. Ordinance No. ### 3 DATE EXHIBIT B Map of Deerhill Preserve Storm Sewer Improvement Tax District Location of Deerhill Preserve Storm Sewer Improvement Tax District Ordinance No. ### DATE 4 DEERHILL RD KELLER RD Agenda Item # 7B MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: May 12, 2016 MEETING: May 17, 2016 City Council SUBJ: Deerhill Preserve — Deerhill Road Reimbursement Agreement Background In connection with the Deerhill Preserve development, the City had agreed to construct Deerhill Road through a public improvement project, with the full cost assessable to the property within the development. The applicant has requested that the City begin the public improvement process. The construction of the street and relevant assessments are discussed in the draft Development Agreement and Petition and Waiver which have been drafted by the City Attorney and are under review by the applicant. City staff has discussed the possibility of beginning some of the work necessary for the public improvement process before the Development Agreement and Petition and Waiver are signed in order to be prepared to bid the project as soon as possible after final approvals. Staff does not recommend that the City bid the project until after final approval and the Development Agreement and Petition and Waiver have been executed. However, staff believes it would be acceptable to prepare the feasibility report and review the plans, specifications, and bid documents ahead of time so that they are ready. Before doing so, staff recommends that the City and Developer enter into an agreement to ensure that the City is reimbursed for the costs of such work, even if the Development Agreement and Petition and Waiver proceed. The City Attorney has drafted such an agreement, which is attached. Staff Recommendation If the City Council is comfortable proceeding with some of the public improvement project process prior to final approval, staff would recommend the Council take the following action: Motion to approve the reimbursement agreement between Property Resources Development Corporation and the City of Medina. Attachment Reimbursement Agreement Deerhill Preserve Page 1 of 1 May 17, 2016 Deerhill Road Reimbursement Agreement City Council Meeting DRAFT REIMBURSEMENT AGREEMENT BETWEEN PROPERTY RESOURCES DEVELOPMENT CORPORATION, INC. AND CITY OF MEDINA This REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2016, by and between the city of Medina, a Minnesota municipal corporation (the "City") and Property Resources Development Corporation, Inc., a Minnesota corporation (the "Developer"). RECITALS WHEREAS, the Developer is the fee owner of the property in Medina which is legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the City has approved a rezoning and preliminary plat for development of the Property; and WHEREAS, in order to develop the Property as proposed by the Developer, it will be necessary for the City to extend Deerhill Road from its current terminus on the eastern boundary of the Property generally southwesterly through the Property to Homestead Trail; and WHEREAS, the Developer has requested the City to undertake the procedures necessary to construct the extension of Deerhill Road as a public improvement and to specially assess the cost thereof under Minnesota Statutes, Chapter 429 (the "Improvement Project"); and WHEREAS, the City proposes to engage WSB & Associates, Inc. ("WSB"), the City's bond counsel and others to review the documents prepared by the Developer's engineer and undertake the proceedings necessary to construct and finance the Improvement Project; and WHEREAS, the Developer is willing to reimburse the City for its out-of-pocket costs and expenses in completing the above engineering, legal and other work regardless of whether the Improvement Project is constructed as planned. 1 NOW, THEREFORE, in consideration of the performance by the parties of the terms herein and for other good and valuable consideration, the City and the Developer hereby covenant and agree as follows: I. THE WORK A. City Preparation of Documents and Undertaking of Procedures. The City, through WSB, its bond counsel and others, shall review the documents prepared by the Developer's engineer and undertake the procedures necessary under Minnesota Statutes, Chapter 429 to construct, finance and specially assess the Improvement Project (the "Work"). The Work includes but is not limited to review of a feasibility report and of plans and specifications, and preparation of the advertisement for bids, award of bid and entering into a contract with the successful bidder. The Work includes the preparation of such city council resolutions, notices and reports as may be necessary. The Work shall also include work by the City's bond counsel in preparation of issuing bonds to finance the Improvement Project. The City shall prepare and complete the Work in a reasonable and timely manner. B. Developer Cooperation. The Developer will provide the City with reasonable assistance and cooperation in order for the City to be able to perform the Work. The Developer shall afford the City and WSB reasonable access to the Property. C. Petition and Waiver Agreement. The City and the Developer are negotiating a development agreement for Deerhill Preserve, the Developer's project for development of the Property. Following completion of the negotiations, the City will present a petition and waiver agreement (the "Petition and Waiver Agreement") for execution by the Developer. The Petition and Waiver Agreement will include an estimate of the cost of the Improvement Project and the amount to be specially assessed against the Property. The City reserves the right to suspend or discontinue efforts regarding the Work or abandon the Improvement Project if the Developer fails to execute the Petition and Waiver Agreement. II. REIMBURSEMENT A. Reimbursement. Subject to the terms of this Agreement, the Developer shall reimburse the City's actual costs and expenses paid by the City to complete the Work. The Work is estimated to cost approximately $25,000 but the Developer acknowledges there may be additional expenses which are not possible to estimate at this time with accuracy. Such reimbursable costs and expenses shall be limited to those sums actually incurred and paid by the City to WSB, the City's bond counsel or others for services rendered by them and reasonably required by the City for purposes of completing the Work (the "Reimbursable Expenses"). B. Escrow. At the time of execution of this Agreement, the Developer agrees to deposit $25,000 with the City, which money will be used by the City to reimburse itself for the Reimbursable Expenses. The City will provide copies of paid invoices to the Developer as 2 479693v1 ME230-630 evidence of such expenses. III. TERMINATION A. It is the intention of the parties to this Agreement to proceed through the Work to construction of the Improvement Project and for the City to specially assess all of the cost of the Improvement Project against the Property. If the Improvement Project is carried through to completion as intended, the Reimbursable Expenses shall be deemed costs of the Improvement Project and will be included in the special assessments levied against the Property to the extent they have not been paid by the Developer under this Agreement. No cost or expense incurred by the City in connection with the Work which has been reimbursed by the Developer to the City pursuant to this Agreement will be included in the assessable cost of the Improvement Proj ect. B. The Developer may terminate this Agreement by notice to the City as provided for in this Agreement at any time prior to the award of the contract for construction of the Improvement Project. Upon receipt of such notice prior to action by the Medina city council to award a contract for construction of the Improvement Project, the City will notify WSB, its bond counsel and any others performing the Work to discontinue efforts related to the Work. The Developer's obligation regarding payment for the Reimbursable Expenses will cease as soon as WSB, bond counsel and others are so notified by the City. The parties anticipate that this Agreement will be superseded by the Petition and Waiver Agreement. IV. MISCELLANEOUS A. Assignability. Neither party shall assign this Agreement without the written consent of the other party. B. Amendments. This Agreement may be supplemented or amended only by written instrument executed by the parties. C. Consent or Approval. Whenever the consent or approval of either party is required under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. D. Invalidity. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of the Agreement. E. Notices. Notice or demand or other communication between or among the parties shall be sufficiently given if sent by United States mail, postage prepaid, return receipt requested or delivered personally: (a) As to the City: City of Medina 3 479693v1 ME230-630 With a copy to: 2052 Co. Rd. 24 Medina, MN 55340 Attn: City Administrator Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Attn: Ron Batty (b) As to the Developer: Property Resources Development Corporation, Inc. 6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 Attn: Susan H. Seeland With a copy to: Seigel Brill, P.A. 100 Washington Avenue South, Suite 1300 Minneapolis, MN 55401 Attn: Tony Gleekel F. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, all of which shall constitute one and the same instrument. G. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. H. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their permitted successors and assign. I. Incorporation of Recitals. The Recitals set forth in the preamble to this Agreement are incorporated into this Agreement as if fully set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of 4 479693v1 ME230-630 the date first above written. CITY OF MEDINA By: Jeff Pederson, Acting Mayor By: Scott Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Jeff Pederson and Scott Johnson, the acting mayor and city administrator, respectively, of the city of Medina, a municipal corporation under the laws of the state of Minnesota, on behalf of the City. Notary Public 5 479693v1 ME230-630 PROPERTY RESOURCES DEVELOPMENT CORPORATION, INC. By: Susan H. Seeland, President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Susan H. Seeland, the President of Property Resources Development Corporation, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 6 479693v1 ME230-630 EXHIBIT A Legal Description of Property Parcel 1: The East Half of the Southwest Quarter of Section 21, Township 118, Range 23, Hennepin County, Minnesota. Parcel 2: The Northeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota. Parcel 3: The Southeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota except that part thereof which lies Westerly of the following described line: Commencing at the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees, 07 minutes, 42 seconds West along the West line of said Southeast Quarter of the Northwest Quarter, a distance of 925.33 feet to the actual point of beginning of the line being described; thence South 45 degrees, 52 minutes, 18 seconds East, a distance of 115.25 feet; thence South 11 degrees, 56 minutes, 18 seconds East, a distance of 53.92 feet; thence Southwesterly to a point in the West line of said Southeast Quarter of the Northwest Quarter, distant 1140.18 feet Southerly of the Northwest corner of said Southeast Quarter of the Northwest Quarter and said line there ending. Parcel 4: That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence South along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 668.33, thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter, a distance of 548.47 feet to the Easterly line of Dillman Road; thence Northwesterly deflecting to the right 41 degrees, 13 minutes, 16 seconds along Easterly line of said Road, a distance of 60.15 feet; thence Northerly 239.14 feet along the Easterly line of said Road being a tangential curve to the right having a radius of 254.35 feet; thence Northerly 249.7 feet along Easterly line of said Road, being tangent to last described curve; thence Northerly 166.62 feet along the Easterly line of said Road to the North line of said Southwest Quarter of the Northwest Quarter; said 166.62 feet being along a tangential curve to the left having a radius of 650.97 feet; thence East along North line of said Southwest Quarter of the Northwest Quarter 655.43 feet to the point of beginning. Parcel 5: That part of the East Half of the Southwest Quarter of Section 28, Township 118, Range 23 lying North of the center line of County Road No. 6 as monumented and platted in the plat of Hennepin County State Aid Highway Number Six, Plat Five, Hennepin County, Minnesota. A-1 Parcel 6: That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, described as follows: Commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees 07 minutes 42 seconds West along the East line of said Southwest Quarter of the Northwest Quarter a distance of 1140.18 feet to the actual point of beginning of the tract of land to be described; thence South 49 degrees 03 minutes 42 seconds West, a distance of 57.15 feet; thence South 29 degrees 03 minutes 42 seconds West to the northeasterly right of way line of Hennepin County Highway No. 201, Plat 53; thence southeasterly along said right of way line to the east line of said Southwest Quarter of the Northwest Quarter; thence North 0 degrees 07 minutes 42 seconds East along said east line to the point of beginning. Parcels 1-5 being registered land as evidenced by Certificate of Title 862516 and Parcel 6 being abstract, collectively (the "Property"). A-2 479693v1 ME230-630 REIMBURSEMENT AGREEMENT BETWEEN PROPERTY RESOURCES DEVELOPMENT CORPORATION AND CITY OF MEDINA This REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2016, by and between the city of Medina, a Minnesota municipal corporation (the "City") and Property Resources Development Corporation, a Minnesota corporation (the "Developer"). RECITALS WHEREAS, the Developer is the fee owner of the property in Medina which is legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the City has approved a rezoning and preliminary plat for development of the Property; and WHEREAS, in order to develop the Property as proposed by the Developer, it will be necessary for the City to extend Deerhill Road from its current terminus on the eastern boundary of the Property generally southwesterly through the Property to Homestead Trail; and WHEREAS, the Developer has requested the City to undertake the procedures necessary to construct the extension of Deerhill Road as a public improvement and to specially assess the cost thereof under Minnesota Statutes, Chapter 429 (the "Improvement Project"); and WHEREAS, the City proposes to engage WSB & Associates, Inc. ("WSB"), the City's bond counsel and others to review the documents prepared by the Developer's engineer and undertake the proceedings necessary to construct and finance the Improvement Project; and WHEREAS, the Developer is willing to reimburse the City for its out-of-pocket costs and expenses in completing the above engineering, legal and other work regardless of whether the Improvement Project is constructed as planned. 1 NOW, THEREFORE, in consideration of the performance by the parties of the terms herein and for other good and valuable consideration, the City and the Developer hereby covenant and agree as follows: I. THE WORK A. City Preparation of Documents and Undertaking of Procedures. The City, through WSB, its bond counsel and others, shall review the documents prepared by the Developer's engineer and undertake the procedures necessary under Minnesota Statutes, Chapter 429 to construct, finance and specially assess the Improvement Project (the "Work"). The Work includes but is not limited to review of a feasibility report and of plans and specifications, and preparation of the advertisement for bids, award of bid and entering into a contract with the successful bidder. The Work includes the preparation of such city council resolutions, notices and reports as may be necessary. The Work shall also include work by the City's bond counsel in preparation of issuing bonds to finance the Improvement Project. The City shall prepare and complete the Work in a reasonable and timely manner B. Developer Cooperation. The Developer will provide the City with reasonable assistance and cooperation in order for the City to be able to perform the Work. The Developer shall afford the City and WSB reasonable access to the Property. C. Petition and Waiver Agreement. The City and the Developer are negotiating a development agreement for Deerhill Preserve, the Developer's project for development of the Property. Following completion of the negotiations, the City will present a petition and waiver agreement (the "Petition and Waiver Agreement") for execution by the Developer. The Petition and Waiver Agreement will include an estimate of the cost of the Improvement Project and the amount to be specially assessed against the Property. The City reserves the right to suspend or discontinue efforts regarding the Work or abandon the Improvement Project if the Developer fails to execute the Petition and Waiver Agreement. II. REIMBURSEMENT A. Reimbursement. Subject to the terms of this Agreement, the Developer shall reimburse the City's actual costs and expenses paid by the City to complete the Work. The Work is estimated to cost approximately $25,000 but the Developer acknowledges there may be additional expenses which are not possible to estimate at this time with accuracy. Such reimbursable costs and expenses shall be limited to those sums actually incurred and paid by the City to WSB, the City's bond counsel or others for services rendered by them and reasonably required by the City for purposes of completing the Work (the "Reimbursable Expenses"). B. Escrow. At the time of execution of this Agreement, the Developer agrees to deposit $25,000 with the City, which money will be used by the City to reimburse itself for the Reimbursable Expenses. The City will provide copies of paid invoices to the Developer as evidence of such expenses. 2 479693v1ME230-630 III. TERMINATION A. It is the intention of the parties to this Agreement to proceed through the Work to construction of the Improvement Project and for the City to specially assess all of the cost of the Improvement Project against the Property. If the Improvement Project is carried through to completion as intended, the Reimbursable Expenses shall be deemed costs of the Improvement Project and will be included in the special assessments levied against the Property to the extent they have not been paid by the Developer under this Agreement. No cost or expense incurred by the City in connection with the Work which has been reimbursed by the Developer to the City pursuant to this Agreement will be included in the assessable cost of the Improvement Proj ect. B. The Developer may terminate this Agreement by notice to the City as provided for in this Agreement at any time prior to the award of the contract for construction of the Improvement Project. Upon receipt of such notice prior to action by the Medina city council to award a contract for construction of the Improvement Project, the City will notify WSB, its bond counsel and any others performing the Work to discontinue efforts related to the Work. The Developer's obligation regarding payment for the Reimbursable Expenses will cease as soon as WSB, bond counsel and others are so notified by the City. The parties anticipate that this Agreement will be superseded by the Petition and Waiver Agreement. IV. MISCELLANEOUS A. Assignability. Neither party shall assign this Agreement without the written consent of the other party. B. Amendments. This Agreement may be supplemented or amended only by written instrument executed by the parties. C. Consent or Approval. Whenever the consent or approval of either party is required under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. D. Invalidity. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of the Agreement. E. Notices. Notice or demand or other communication between or among the parties shall be sufficiently given if sent by United States mail, postage prepaid, return receipt requested or delivered personally: (a) As to the City: City of Medina 2052 Co. Rd. 24 3 479693v1ME230-630 With a copy to: Medina, MN 55340 Attn: City Administrator Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Attn: Ron Batty (b) As to the Developer: Property Resources Development Corporation 6851 Flying Cloud Drive, Suite A Eden Prairie, MN 55344 Attn: Susan H. Seeland With a copy to: Seigel Brill, P.A. 100 Washington Avenue South, Suite 1300 Minneapolis, MN 55401 Attn: Tony Gleekel F. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, all of which shall constitute one and the same instrument. G. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. H. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their permitted successors and assign. I. Incorporation of Recitals. The Recitals set forth in the preamble to this Agreement are incorporated into this Agreement as if fully set forth herein. 4 479693v1ME230-630 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. CITY OF MEDINA By: Jeff Pederson, Acting Mayor By: Scott Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Jeff Pederson and Scott Johnson, the acting mayor and city administrator, respectively, of the city of Medina, a municipal corporation under the laws of the state of Minnesota, on behalf of the City. Notary Public 5 479693v1ME230-630 PROPERTY RESOURCES DEVELOPMENT CORPORATION By: Susan H. Seeland, President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Susan H. Seeland, the President of Property Resources Development Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public 6 479693v1ME230-630 EXHIBIT A Legal Description of Property Parcel 1: The East Half of the Southwest Quarter of Section 21, Township 118, Range 23, Hennepin County, Minnesota. Parcel 2: The Northeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota. Parcel 3: The Southeast Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota except that part thereof which lies Westerly of the following described line: Commencing at the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees, 07 minutes, 42 seconds West along the West line of said Southeast Quarter of the Northwest Quarter, a distance of 925.33 feet to the actual point of beginning of the line being described; thence South 45 degrees, 52 minutes, 18 seconds East, a distance of 115.25 feet; thence South 11 degrees, 56 minutes, 18 seconds East, a distance of 53.92 feet; thence Southwesterly to a point in the West line of said Southeast Quarter of the Northwest Quarter, distant 1140.18 feet Southerly of the Northwest corner of said Southeast Quarter of the Northwest Quarter and said line there ending. Parcel 4: That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence South along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 668.33, thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter, a distance of 548.47 feet to the Easterly line of Dillman Road; thence Northwesterly deflecting to the right 41 degrees, 13 minutes, 16 seconds along Easterly line of said Road, a distance of 60.15 feet; thence Northerly 239.14 feet along the Easterly line of said Road being a tangential curve to the right having a radius of 254.35 feet; thence Northerly 249.7 feet along Easterly line of said Road, being tangent to last described curve; thence Northerly 166.62 feet along the Easterly line of said Road to the North line of said Southwest Quarter of the Northwest Quarter; said 166.62 feet being along a tangential curve to the left having a radius of 650.97 feet; thence East along North line of said Southwest Quarter of the Northwest Quarter 655.43 feet to the point of beginning. Parcel 5: That part of the East Half of the Southwest Quarter of Section 28, Township 118, Range 23 lying North of the center line of County Road No. 6 as monumented and platted in the plat of Hennepin County State Aid Highway Number Six, Plat Five, Hennepin County, Minnesota. A-1 Parcel 6: That part of the Southwest Quarter of the Northwest Quarter of Section 28, Township 118, Range 23, described as follows: Commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 0 degrees 07 minutes 42 seconds West along the East line of said Southwest Quarter of the Northwest Quarter a distance of 1140.18 feet to the actual point of beginning of the tract of land to be described; thence South 49 degrees 03 minutes 42 seconds West, a distance of 57.15 feet; thence South 29 degrees 03 minutes 42 seconds West to the northeasterly right of way line of Hennepin County Highway No. 201, Plat 53; thence southeasterly along said right of way line to the east line of said Southwest Quarter of the Northwest Quarter; thence North 0 degrees 07 minutes 42 seconds East along said east line to the point of beginning. Parcels 1-5 being registered land as evidenced by Certificate of Title 862516 and Parcel 6 being abstract, collectively (the "Property"). A-2 479693v1ME230-630 MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: May 12, 2016 SUBJ: Planning Department Updates May 17, 2016 City Council Meeting Land Use Application Review A) Clydesdale Marketplace Sign PUD Amendment — northeast corner of Highway 55 and Clydesdale Trail. Clydesdale Marketplace LLC has requested an amendment to the Medina Clydesdale Marketplace PUD in order to allow construction of a monument sign at the northeast corner of Highway 55 and Clydesdale Trail. This sign would replace the sign on top of the large retaining wall and provide additional space for more tenants. The Planning Commission held a Public Hearing on April 12 and the Council reviewed on May 3 and directed staff to prepare an ordinance approving the amendment. The ordinance will be presented at the May 17 meeting. B) Deer Hill Preserve (Stonegate Farms) Final Plat — Property Resources Development Company has requested final plat approval for the Deer Hill Preserve CD-PUD subdivision, formerly known as Stonegate Farms. The first phase of the development is proposed to include 10 lots in the northeast corner of the site, near the current termination of Deerhill Road. The City Council reviewed at the April 5 meeting and directed staff to prepare approval documents after the applicant submits adequate Conservation Easement and Land Stewardship documents. The applicant has now requested that the City construct Deerhill Road through a 429 Assessment process. Staff has begun preparing for this process, including preparation of necessary petition and waiver agreements. C) Just for Kix Site Plan Review, Variance, Lot Combination —45 Highway 55 — Just for Kix has requested approval of a Site Plan Review for construction of an 18,040 square foot building to include a dance studio and retail. The applicant has requested a variance to increase the maximum hardcover in the Elm Creek shoreland overlay district from 25% to 50% and also a lot combination to combine the property annexed from the City of Plymouth. Staff is conducting a preliminary review and the application will be presented to the Planning Commission when complete, potentially at the June 14 meeting. D) Excelsior Group Concept Plan —2120 and 2212 Chippewa Road — The Excelsior Group has requested review of a Concept Plan for development of 87 single family lots west of the proposed Wealshire site. The property is not within the current Staging period and the applicant seeks flexibility to jump ahead one period. Staff is conducting a preliminary review and the application will be presented to the Planning Commission when complete, potentially at the June 14 meeting. E) Jeffrey -Johnson Lot Line Rearrangement — 2605 and 2505 Willow Drive — Glenn Jeffrey has requested that the City rearrange the lot line between his and his neighbor's property. The Jeffrey's propane tank is located on the Johnson property. Staff is conducting a preliminary review and will present to Council when ready, potentially at the June 7 meeting. F) Kal Point Site Plan Review, PUD Amendment — 340 Clydesdale Trail — Kalyan Vempaty has requested an amendment to the Medina Clydesdale Marketplace PUD and a Site Plan Review to construct a commercial building containing a restaurant and upstairs office space on the final lot within Clydesdale Marketplace. Staff is conducting a preliminary review to determine if the application is complete for review. The Planning Commission held a public hearing at the December 8 meeting and recommended approval. The Council reviewed on January 5 and directed staff to prepare resolution of approval. However, the applicant has now indicated that they will not proceed and have withdrawn the application. The project will be closed. Planning Department Update Page 1 of 2 May 17, 2016 City Council Meeting G) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has requested a site plan review for construction of a 173,000 sf memory care facility. The request also includes a rezoning from RR-UR to Business Park. The Met Council has also approved of the previous Comp Plan amendment. The City Council granted approval at the May 3 meeting. Staff is working with the applicant on the conditions of approval before construction begins. H) Hamel Brewery, St. Peter and Paul Cemetery, Wright -Hennepin Solar Panels —The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. I) Woods of Medina, Capital Knoll— These preliminary plats have been approved and staff is awaiting a final plat application J) Bradford Creek, Hamel Haven, Buehler subdivisions — These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before construction begins. Other Proiects A) Comprehensive Plan — Staff is preparing for the May 14 and May 16 community meetings, and staff has sent out an invitation for all residents. Staff is also beginning drafts of various chapters of the Plan for review by the Steering Committee. B) Cable Expansion Analysis — Planning staff continued assistance with the analysis related to proposed cable construction for 2016. C) County Road 19 Sewer Discussion — planning staff met with Engineering and Public Works staff to discuss the implications of the draft Land Use plan on the County Road 19 sewer discussions. Planning Department Update Page 2 of 2 May 17, 2016 City Council Meeting MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 non -emergency: 763-525-6210 MEMORANDUM Emergency 9.1_1 TO: City Administrator Scott Johnson and City Council FROM: Director Edgar J. Belland DATE: May 12, 2016 RE: Department Updates Review of Service Weapons Currently, we are carrying Glock model 22, 40 caliber semi -automatic handguns. We have been using this model for the past19 years. They have been very durable handguns. Currently, departments are moving from 40 caliber weapons to 9mm models for two reasons. First, they are more accurate and second, the ammunition is approximately $120.00 a case cheaper than the 40 caliber ammunition. We shot the 9mm Glocks last week and found the guns to perform as well as the 40 caliber handguns. We are in the process on getting quotes for the 9mm Glocks. It appears that we will be able to replace all our old guns for approximately $4,000. I will be looking at 2017 to replace our current guns. Speed Trailer We have our speed trailer up and running If you have a location you would like to see the trailer, please let me know and we will get this out to your area. Bike Rodeo Our 2016 Bike Rodeo will be held at the Target parking lot on June l lth from 10:00 a.m. to 1:00 p.m. If you have young kids, please bring them out to refresh them on the rules of the road and have their bikes looked over for the summer This is a great event where everyone has a good time. Patrol by Sergeant Jason Nelson Road restrictions have been removed from most roadways in the city. Our officers stopped numerous overweight trucks this spring and the total civil revenues today are approximately $13,900. Officers did a great job again this year protecting our vulnerable streets. Patrol Activities For the dates of April 26 to May 11, 2016, our officers issued 38 citations and 83 warnings for various traffic infractions. There were a total of four driving while impaired arrests, seven traffic accidents, 14 medicals and seven alarms. On April 29, 2016, Officer Converse was called to the Medina Ballroom for a juvenile drinking issue. There was a prom being held there and kids were bused to that location for prom. While on the bus, the bus driver could detect alcohol and called for assistance. Twelve juveniles on the bus were cited for minor consumption and were released to their parents. On May 2, 2016, Chief Belland and Officer McGill were dispatched to the Loretto area for a four year old that was walking around town looking in residents' garages. The four year old child was located and it was discovered that she had left her house because her mom was sleeping. They were able to locate the residence and found a mother who appeared to be under the influence of narcotics. Child was turned over to a family member. Hennepin County Social Services was contacted and will be working on the case. On May 6, 2016, Officer McKinley took a report from a resident who owned a timeshare in Mexico. Several years ago, the resident had upgraded the timeshare and was contacted in 2014 about the person who sold the upgrade to them as being in prison for defrauding timeshare owners. This set the scam in motion and since 2014, the resident has wired over 350K to various people in Mexico purporting to be attorneys in attempts to get monies that were owed to him. The case was turned over to Investigators. On May 7, 2016, Officer McKinley took a theft from motor vehicle report at the Medina Golf and Country Club. Case was forwarded to Investigations. On May 8, 2016, Officer Jessen stopped a vehicle for running a stop sign. The driver was found to be intoxicated and was almost three times the legal limit. The driver had been convicted of four other DWIs in the past ten years. On May 9, 2016, Officers McGill and Boecker were asked by Hennepin County Social Services to remove a child from a residence due to neglect and to bring the child to foster care in Minneapolis. The child was removed and the father was arrested for an outstanding child neglect warrant. On May 9, 2016, Officer McGill was dispatched to a juvenile that had possibly overdosed on pills. Upon arrival, the juvenile was semi -unconscious and also had cuts on her arms. The juvenile was transported to the hospital. Criminal Investigations by Investigator Charmane Domino Several mailboxes have been damaged. Neighboring cities are experiencing similar activity. No known suspects at this time. Received a report of suspected child neglect. Report was unfounded. Received another report of child neglect. A violation was found and the child was removed from the home. Report of a possible scam/fraud in which the victim may have lost around $350,000. Investigation to continue. Open cases currently under investigation: 8 MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: May 10, 2016 MEETING: May 17, 2016 SUBJECT: Public Works Update STREETS • The Sioux Drive project is scheduled to begin in late May. A neighborhood meeting was held with very few attending. I am sure news will travel through town and all will be informed. We will be installing closure signs in advance so commuters will be aware of the work to be done. • The Tower Drive project is in its final leg. The final pavement will be installed this week. Most of the landscaping issues have been resolved. There is, however, some work to be done on the infiltration portion of the storm water train. Sand will be tested to see why it is taking longer than expected to filter out the water in a rain event. • There is a contract in your packet for the in-house paving that will be performed for the City this summer WATER/SEWER/STORMWATER • The well # 8 project is moving along at a fairly fast pace. The vault is in and the contractor is beginning work on the well house. Piping and building reconstruction are expected to start very soon. Wells # 5 and #6 will be out of commission until the pump house is put back together. • Dusty and I will be attending a storm water reuse workshop with the DNR. Because Medina is out -front on storm pond irrigation, they would like us to attend. It has to do more with whether they should permit such uses or not. PARKS/TRAILS • A draft of the parking facility at Hamel Legion Park will be presented at the Park Commission meeting (Park Tour) on Wednesday, May 18th • The new mowing and spraying contractors seem to be doing a good job and we will be viewing their work on the tour. • Staff has ordered several new soccer nets to be placed at Morningside, Hamel Legion, Maple, and Fields of Medina parks. • Public Works has cut out the area for the nectar garden at the Hamel Community Center. We are hoping to have it planted by the Park Tour. • The pre -con for the Arrowhead Trail was held on May 1 lth with Barber Construction. They plan to complete the project at a fast pace. PW will be relocating and planting some shrubs and trees along the way. ORDER CHECKS MAY 3, 2016 - MAY 17, 2016 44304 VASANTH/ CHAGANTI $19.64 44305 US HOME CORP $10,000.00 44306 MN BOARD WATER/SOIL RESOURCES $495.50 44307 ROBERT ENGSTROM COMPANIES $7,623.00 44308 SALYANI, ZAKIR $75.00 44309 BLANCHARD, KATHY $250.00 44310 CENTERPOINT ENERGY $844.46 44311 CENTURYLINK $195.25 44312 METRO WEST INSPECTION $11,820.92 44313 NORTH AMERICAN FINANCIAL CORP $250.00 44314 VASHISHTHA,ASHISH $150.00 44315 ADAM'S PEST CONTROL INC $104.94 44316 BAILEY NURSERIES, INC $5,539.50 44317 BANYON DATA SYSTEMS $195.00 44318 BIFFS INC $447.87 44319 BLUE CROSS BLUE SHIELD OF MN $33,233.00 44320 BOYER FORD TRUCKS INC $34.96 44321 BROCK WHITE $11,077.65 44322 BRYAN ROCK PRODUCTS $454.09 44323 BUDGET PRINTING $99.70 44324 BURDAS TOWING $159.00 44325 CONTEMPORARY IMAGES $1,817.46 44326 CRYSTEEL TRUCK EQUIPMENT $295.00 44327 EARL F ANDERSEN INC $176.70 44328 ECM PUBLISHERS INC $185.38 44329 ELECTRONIC & APPLIANCE $2,120.28 44330 FASTENAL COMPANY $79.24 44331 FERGUSON ENTERPRISES INC $12.26 44332 GOODIN COMPANY $86.79 44333 GOPHER STATE ONE CALL $443.70 44334 HAMEL LUMBER INC $1,521.53 44335 HAMEL LIONS CLUB $700.00 44336 HAMEL VOLUNTEER FIRE DEPT $68,053.75 44337 HD SUPPLY WATERWORKS LTD $3,261.05 44338 HENN COUNTY CORRECTIONS $120.00 44339 HENN COUNTY INFO TECH $923.41 44340 HENN COUNTY SHERIFF $265.71 44341 HENN CTY RESIDENT/REAL ESTATE $71.00 44342 I-94 WEST CHAMBER OF COMMERCE $120.00 44343 J.O.T.S. COMPUTER SERVICES INC $75.00 44344 CITY OF MAPLE PLAIN $655.09 44345 CITY OF MAPLE PLAIN $13.87 44346 MCFOA $35.00 44347 MCMA-MN CTY/CO MGMT ASSOC $246.40 44348 METROPOLITAN COUNCIL $12,325.60 44349 METROPOLITAN COUNCIL $22,637.15 44350 MN DEPT OF LABOR/INDUSTRY $100.00 44351 NAPA OF CORCORAN INC $715.18 44352 NELSON ELECTRIC MOTOR REPAIR $534.00 44353 NORTHWEST ASSOC CONSULTANTS $184.00 44354 OFFICE DEPOT $359.23 44355 CITY OF ORONO $671.15 44356 PERRY'S TRUCK REPAIR $700.00 44357 PLEAA $80.00 44358 POCKET PRESS INC $98.40 44359 PONTEM SOFTWARE BY RIA $247.50 44360 SAM'S CLUB $437.25 44361 JAMIE R WIOME $5,533.34 44362 SITEONE LANDSCAPE SUPPLY LLC $113.19 44363 STREICHER'S $271.89 44364 TALLEN & BAERTSCHI $4,387.16 44365 TEGRETE CORP $198.57 44366 TIMESAVER OFFSITE $421.50 44367 WRAP CITY GRAPHICS $645.00 Total Checks $215,008.21 ELECTRONIC PAYMENTS MAY 3, 2016 — MAY 17, 2016 003646E PR PERA $14,265.84 003647E PR FED/FICA $15,984.42 003648E PR MN Deferred Comp $2,360.00 003649E PR STATE OF MINNESOTA $3,221.73 003650E SELECT ACCOUNT $793.12 003651E CITY OF MEDINA $19.00 003652E FARMERS STATE BANK OF HAMEL $20.00 003653E CIPHER LABORATORIES INC $4,753.00 003654E CULLIGAN-METRO $67.60 003655E ELAN FINANCIAL SERVICE $4,875.39 003656E FRONTIER $55.66 003657E MEDIACOM OF MN LLC $277.98 003658E PAYMENT SERVICE NETWORK INC $332.90 003659E PITNEY BOWES POSTAGE BY PHONE $1,000.00 003660E PIVOTAL PAYMENTS INC $285.05 003661E PREMIUM WATERS INC $90.04 003662E SELECT ACCOUNT $2,032.95 003663E FARMERS STATE BANK OF HAMEL $35.00 003664E VERIZON WIRELESS $1,196.70 Total Electronic Checks $51,666.38 PAYROLL DIRECT DEPOSIT MAY 4, 2016 507132 ALTENDORF, JENNIFER L $1,314.63 507133 ANDERSON, JOHN G $230.87 507134 BARNHART, ERIN A. $1,965.67 507135 BELLAND, EDGAR J $3,231.78 507136 BOECKER, KEVIN D. $2,494.83 507137 CONVERSE, KEITH A $2,015.15 507138 COUSINEAU, LORIE K. $230.87 507139 DINGMANN, IVAN W $1,515.91 507140 DOMINO, CHARMANE $1,766.60 507141 ENDE, JOSEPH $1,409.33 507142 FINKE, DUSTIN D. $2,110.19 507143 GALLUP, JODI M $1,667.32 507144 GLEASON, JOHN M. $2,017.04 507145 GREGORY, THOMAS $1,955.35 507146 HALL, DAVID M. $2,010.89 507147 JESSEN, JEREMIAH S $2,216.85 507148 JOHNSON, SCOTT T. $2,226.35 507149 KLAERS, ANNE M $1,116.32 507150 LANE, LINDA $1,506.20 507151 LEUER, GREGORY J. $1,865.79 507152 MARTIN, KATHLEEN M $230.87 507153 MCGILL, CHRISTOPHER R $1,435.40 507154 MCKINLEY, JOSHUA D $1,419.70 507155 MITCHELL, ROBERT G. $327.07 507156 NELSON, JASON $2,221.15 507157 PEDERSON,JEFF $221.28 507158 PETERSON, DEBRA A $1,614.15 507159 REINKING, DEREK M $1,778.56 507160 SCHERER, STEVEN T. $2,259.36 507161 STAPLE, AMANDA $548.57 507162 VIEAU,CECILIA M. $1,124.57 507163 WENANDE, BRANDON S $541.72 Total Payroll Direct Deposit $48,590.34