ewing cole vikings stadium proposal

ewingcole.com | ©EwingColE 2012

request for proposals

Architectural & engineering Services for

New MiNNesotaMultipurpose stadiuM

August 30, 2012

Architects engineers interior Designers Planners

irvine new York Philadelphia washington Dc

Federal Reserve Bank Building, 100 North 6th Street, Philadelphia, PA 19106 TEL 215.923.2020 FAX 215.574.9163

ewingcole.com

AUGUST 30, 2012

TO

Mr. Steven C. Maki, PE Minnesota Sports Facilities Authority 900 South 5th St. Minneapolis, MN 55415 Mr. Don Becker Project Executive Minnesota Vikings Football, LLC Minnesota Vikings – Winter Park 9520 Viking Drive Eden Prairie, MN 55344 Mr. Don Becker Project Executive Garden Homes Development 13-15 West 54th Street – First Floor New York, NY 10019

RE

Request for Proposals – Architectural and Engineering Services For New Minnesota Multipurpose Stadium

Dear Messrs. Maki and Becker: EwingCole is pleased to submit our proposal for the above referenced project. Enclosed you will find our response to the RFP. The citizens of the Minnesota and the Twin Cities are passionate sports fans, especially when it comes to football. The Metrodome has served its purpose well since it opened in 1982 – it has hosted a MLB All-Star Game, a Super Bowl, two NCAA Final Four tournaments, and two World Series – but after 30 years of use, it is time for a new venue. We are excited about the prospect of working with the Authority and the Vikings to bring their vision to reality and we are confident we can successfully lead an exceptional team of designers, engineers and specialty consultants necessary to deliver the design services it will take. Please allow us to briefly summarize why we think our team is unique among our peers and how we are best suited to helping you develop this landmark project. We believe we are the best choice because: • We are creative. Finding a design solution for a two-team NFL stadium (Jets/Giants), where each team was

able to feel as though it was their home venue on their respective Sunday, took tremendous design fortitude and creativity.

• We are good leaders. Team Owners, Project Managers and Contractors who have worked with us have complimented us on our strong design leadership, project management and unwavering attention to the project goals, schedule and budget.

• We are good listeners. We will listen and always be attentive to the Owner’s vision and goals. Our most

successful projects are those where the Owner was engaged and actively participated in the design process. • We are experienced. We offer a team of senior level staff (mostly principals) who has worked together for

years leading and completing projects similar to this one.

Architectural and Engineering Services For New Minnesota Multipurpose Stadium August 30, 2012 Page 2

• We are good team players. We have successfully worked under many construction delivery models to deliver our professional services in a collaborative, phased manner, with design creativity and always with an eye toward the budget and schedule.

• We are flexible. Our 6-year involvement with MetLife Stadium demonstrates our ability to be flexible - from

an initial code study for a renovation of Giants Stadium to later a brand new $1 billion venue; from an initial one-team design for a new stadium to later a two-team design; and from an initial Design-Bid-Build delivery method later changed to the Design-Build method.

• We can carry the ball over the goal line. We are a large, integrated A/E practice with the necessary

resources, in-house, to deliver a fast-track, complex renovation project.

“EwingCole has always demonstrated exceptional creativity in outlining our construction goals and a fierce discipline in delivering projects on time and on budget. In addition, EwingCole’s accomplished personnel

have handled the day-to-day challenges of project delivery in a professional, effective, and pleasant manner. We recommend Ewing Cole for their expertise, leadership, and enthusiasm.”

-David Montgomery, Philadelphia Phillies President & CEO The benefits of hiring one firm for all architecture and engineering as opposed to a firm teamed with many consultants may be easily overlooked. It has been our experience that large public assembly buildings such as this require more involved coordination among the engineering disciplines. With all major disciplines in one firm – structural, electrical, mechanical, plumbing, life safety and fire protection - all basic engineering resources are under one roof. Coordination is second nature for our senior engineers and architects who have worked together for years on numerous sports facilities. We offer the Authority and the Vikings the least number of moving components to manage, which enables simple, effective decision-making.

“EwingCole planned, designed and delivered the original Meadowlands Sports complex in the early 70’s, including the Giants Stadium concept and the Meadowlands Racetrack. We took comfort in knowing that

EwingCole with its extensive experience was part of the design-build team and would play a significant role in delivering this huge project.”

- John Mara, NY Giants president and CEO We look forward to the next stage of your selection process to demonstrate first-hand our enthusiasm and interest for this exciting opportunity. We thank you in advance for your time and consideration. Sincerely, EwingCole Pradeep Patel, PE Craig J. Schmitt, RA Principal In Charge Principal/Senior Project Manager

CONTENTS

EWINGCOLE | MINNESOTA SPORTS FACILITIES AUTHORITY NEW MINNESOTA MULTIPURPOSE STADIUM

FIRM PROFILE Tab 1

KEY PERSONNEL Tab 2

RECOMMENDED TEAM Tab 3

EXPERIENCE Tab 4

PRELIMINARY DESIGN PACKAGE Tab 5

PROJECT DELIVERY Tab 6

PROFESSIONAL LIABILITY POLICIES Tab 7

FINANCIAL STATEMENTS Tab 8

APPROACH AND METHODOLOGY Tab 9

2011 BILLED DESIGN FEES Tab 10

WORKLOAD Tab 11

FIRM OWNERSHIP Tab 12

FIRM ORGANIZATION Tab 13

SPORTS PRACTICE PHILOSOPHY Tab 14

USE OF DESIGN / DOCUMENTATION TECHNOLOGY Tab 15

DISPUTE RESOLUTION Tab 16

SUSTAINABLE DESIGN Tab 17

PROPOSED FEES Tab 18

EXHIBIT H Tab 19

EXHIBIT G Tab 20

LITIGATION HISTORY Tab 21

EXCEPTIONS AND CLARIFICATIONS Tab 22

DESIGN SERVICES AGREEMENT Tab 23

DESIGN SCHEDULE Tab 24

FIRM PROFILE


EwingCole, in practice over 50 years, is a nationally recognized, fully integrated architecture, engineering, interior design, and planning firm of over 320 professionals. FIRM HISTORY EwingCole , a professional corporation based in Philadelphia, Pennsylvania was originally formed as Alexander Ewing and Associates in 1961, and has practiced architecture and engineering for OVER 50 years. EwingCole’s national expansion began in 1995 with the opening of the Washington, DC office. In 2002, the firm opened an office in Irvine, California and in New York City in 2012.

MARKET SEGMENT Our practices include: − Sports and Entertainment

− Professional Sports − Entertainment Venues − Thoroughbred Race Courses

− Higher Education − Science + Technology − Healthcare − Senior Living − Government − Cultural − Workplace OFFICE WITH PRIMARY RESPONSIBILITY Federal Reserve Bank Building 100 N. 6th Street Philadelphia, PA 19106-1590

FIRM PROFILE


FIRM PROFILE A multi-disciplinary practice, we tailor our approach to the specific needs of each project. At EwingCole, we measure our success by the success of our clients. In our pursuit of design excellence, there exists no asset more valuable than imagination tempered by experience. In providing professional design services, emphasis on communication, dedication to design and client advocacy are essential in creating a relationship built on trust. SERVICES Pre-Design • Site Selection and Analysis • Code and Zoning Analysis • Building Design Criteria • Land Use Planning • Master Planning • Facilities Programming

Architectural Design • Concept Design • Schematic Design • Design Development • Construction Documentation • Bid/Negotiation • Construction Administration • Consultant Coordination • Sustainability Audits • Interior Design • Space Planning • Tenant Work Letter Review • Lease Analysis • Budget Analysis • Furniture Inventory • Furniture Selection and Specification • Art Consultation Engineering • Structural • Mechanical • Building Controls • Plumbing • Electrical • Sports Lighting • Telecommunications • Fire Protection and Life Safety • Sustainability Audits • Energy Audits

KEY PERSONNEL


One-stop Shopping for A/E Services

EwingCole is a full-service A/E firm, with a comprehensive staff of Architects, Engineers, Interior Designers and Planners. As a national firm, we are capable of providing all primary A/E design services necessary to complete the project, all under one roof. We are used to being the prime A/E and believe this to be one of the unique strengths we can offer the Authority and Team.

For this project, we offer the Authority and the Vikings unparalleled senior-level involvement - eight of the 20 members of the Core Team are Principals/Owners of EwingCole. This Principal-level involvement demonstrates EwingCole’s dedication to this project and ensures our commitment over the long-term.

Specialty Design Consultants

For the unique design services that we do not have in-house, we are prepared to compliment our core A/E design team with other equally experienced specialty consultants. We have strong working relationships with various firms offering complimentary consultant services, all of whom are known as being experts in their respective fields.

On our Organizational Chart, we have listed by name the “core” specialty design consultants that we will need to complete your project. They are all experts in their respective field, and they have become our ‘go-to’ consultants for our sports related work. With the exception of Uni-Systems, we have successfully collaborated with all of them on our largest stadium projects, and we have a high degree of confidence in them to get your job done.

Of course, for this project, there will be additional specialty consultants needed. Since it was made clear in the RFP (and later confirmed at the pre-proposal meeting) that you want to hire “the best of the best” when assembling the design team, we did not spend a lot of time seeking specific firms for the specialty consultants listed as ‘TBD’ on our Organizational Chart.

We would be happy to offer recommendations for the specialty consultants that are as yet unnamed; however, we are certainly not averse to working with firms that the Authority and Team may also wish to use. We can be very flexible in that regard.

Of course, we also aim to comply with the Commission’s Equal Opportunity and Affirmative Action employment goals for professional design services as outlined in Exhibit M of the draft Architectural Design Services Agreement issued with the RFP. The Commission’s requirements are not unusual. We commonly involve both local and S/M/WBE Architects, Engineers and consultants to supplement our design team in conformance with the project’s requirements.

The Organizational Chart that follows illustrates the roles of our team members and the organizational structure we think best serves the Authority and the Team.

TEAM ORGANIZATION


All of the keyEwingCole personnelidentified in theOrganizational Chartare available to meetthe work demands of this project for the entire duration of the design services contract.

PRADEEP PATEL, PE PRINCIPAL IN CHARGE

EWINGCOLE

Mr. Patel is Director of Engineering and a Principal of EwingCole. He is a Senior Principal with active participation on large-scale projects. He has over 40 years of engineering, general construction, and management experience with a particular expertise in sports facility design project management. Many of the projects he has worked on have involved the development of complex systems requiring new construction as well as extensive restoration, renovations, challenging schedules, fast-track construction, and management of multiple design teams/firms. Mr. Patel has extensive experience working with construction management firms as as well as with local, state and municipal authorites, including public / private partnerships. Mr. Patel leads project teams with clients’ goals and budget at the forefront. He plays a key role towards conflict resolution that expedites decision-making. Mr. Patel joined EwingCole in 1970. EXPERIENCE

NY Football Giants / NY Jets, MetLife Stadium, East Rutherford, NJ. EwingCole performed master planning, programming design and documentation to develop a new stadium for the NFL NY Football Giants and NY Jets. The 82,500-seat stadium, one of the league's largest venues, is the only venue to be home to two professional teams in the same sport and is the first to be constructed entirely from private funds. The 2.1 million sf facility features 200,000 sf of year-round retail and dining space including a hall of fame, a team store and two, 3-story high club spaces. The club spaces (atriums) have state-of-the-art fire alarm systems and smoke control systems. The new stadium is the NFL's premier facility, and features club seats, suites, and other premier seating with exceptional sightlines from every angle. The stadium has a normal electrical distribution system of 10 MVA and an emergency electrical system of 4 MVA. The stadium opened in 2010.

Grand Crossing Football Stadium, City of Industry, CA. EwingCole performed full service architectural and engineering services for programming and design and documentation to develop a new stadium for the NFL located in Industry, CA, just outside Los Angeles. The design of the 75,000-seat (including 11,000 Club seats and 175 Suites) stadium is sympathetic to the unique topography of the site and the primary seating bowl will be built into the existing hillside. By building the Stadium with the landforms, rather than above the ground, construction costs and materials needed, especially steel, will be lower relative to other stadiums of similar size and scope. The shape of the Stadium will be an asymmetrical bowl which will provide improved seat positions and sightlines for both general admission and premium fans. Stadium amenities will be a mix of indoor amenities; restaurants and club spaces, organized around a plaza-level atrium featuring both premium and general admission club attractions, and a series of multi-level, open-air outdoor concourses, layered into the landscaped landform.

EDUCATION

MS, 1963, Structural Engineering, Stanford University

BS, 1962, Civil Engineering, Gujarat University

REGISTRATIONS

Professional Engineer: AL, DE, CA, IL, MD, MN, NH, NJ, NY, OH, OK, PA, TX

AFFILIATIONS

Member, American Concrete Institute

Member, American Institute of Steel Construction

Member, Concrete Reinforcing Steel Institute

PUBLICATIONS

“Home Run”, Civil Engineering Magazine, June 2004.

“Philadelphia Shipyard is State-of-the-Art,” Modern Steel & Construction, December 2000.

“Garden State Park - Steel Races on a Superfast Track,” Modern Steel Construction, November 1987.

AWARDS

2002 Historic Structure Award, American Concrete Institute,

Veterans Stadium

TEACHING CREDITS

Stanford University

Temple University


EWINGCOLE

Philadelphia Phillies, Citizens Bank Park, Philadelphia, PA. Completed in 2004, the Phillies’ 43,500 seat, 1.2 million SF ballpark features a distinctive seating bowl geometry which provides excellent sight lines throughout the park and takes advantage of a view to the Philadelphia skyline. The exterior of the building recalls Philadelphia’s architectural heritage while being clearly contemporary in design, integrating the structural system and sports lighting into a unified expression. Open concourses on all levels allow fans to view the on field action while enjoying concessions, restaurants and other amenities, including Ashburn Alley, a popular two level outfield promenade.. This project received a best of 2004 Award of Merit by Mid-Atlantic Construction Magazine.

Philadelphia Phillies, Brighthouse Networks Field, Clearwater, FL. New 8,000 total capacity spring training facility and minor league baseball park for Phillies’ franchise. Features 7 luxury boxes, 2 party boxes, new shopping and eating venues, and practice facilities that include practice infield, pitching mounds, and batting tunnels.

Dodger Stadium, Existing Building Condition Assessment, Los Angeles, CA. EwingCole performed facility assessment of this 56,000 seat stadium. The assessment included evaluating the existing conditions and expected remaining service life of the ballpark’s operating systems and infrastructure including a rough order of magnitude budget estimates associated with restoration of the existing building systems.

The Baltimore Orioles, Ed Smith Stadium Condition Assessment, Sarasota, FL. The Baltimore Orioles engaged EwingCole to provide an independent assessment of the condition of the concrete surfaces of the stadium concourses following their most recent renovation. The assessment included an analysis of the structural systems supporting the concrete decks due to their concern over premature cracking.

The Baltimore Orioles, Oriole Park Renovation Study, Baltimore, MD. EwingCole proposed changes to the outfield concourse to connect Eutaw Street to the left field picnic areas and the main concourse and outfield standing terraces in right field. Other changes studied included a year round sports bar with a field view, the strategic reduction in the size of the enclosed club to add seating at another price point, and reorienting lower bowl seats toward the infield, creating a concession area behind them with a view of the field.

New Jersey Sports and Exposition Authority, Boardwalk Hall Renovation & Restoration, Atlantic City, NJ. Renovation of a 196,000 sf National Historic Landmark into a Special Events Hall/Center with 12,000 seats for events including concerts, sports events, and family entertainment shows. The restored facility includes new concessions, restrooms, team locker rooms, catering facilities, and four production offices. Construction was phased around the annually televised Miss America Pageant.

Scranton-Wilkes Barre Yankees, PNC Field, Existing Building Condition Assessment, Moosic, PA. EwingCole performed a comprehensive assessment of the entire facility, including all MEP and structural systems, and developed a report on behalf of the Lackawanna County Stadium Authority. The scope of improvements addressed and recommended by the team include concrete repair and resurfacing, mechanical, electrical, plumbing, fire protection and life safety upgrades.


EWINGCOLE

Scranton-Wilkes Barre Yankees, PNC Field, Renovation and Addition, Moosic, PA. Following a stadium assessment report in 2009, EwingCole was asked to develop various concepts for a major renovation to the AAA Scranton-Wilkes Barre Yankees’ 10,500 seat multi-purpose stadium, which opened in 1989. The original multi-purpose stadium design, with a steep upper deck, lacks the intimacy, charm and fan amenities found in newer minor league ballparks. The proposed $40 million renovation completely reinvents the ballpark. It entails demolishing everything but the lower seating bowl, playing field and the home clubhouse, which was rebuilt in 2005.

Reading Phillies, FirstEnergy Stadium Renovation and Addition, Reading, PA. Renovation and addition to a historic minor league ballpark, home of the AA Reading Phillies. The 11,000 sf renovation entails complete demolition and expansion of the existing facilities to restore them to the standards of comparable, newer facilities in the minor leagues. The 9,000 sf addition includes an outdoor stage for pre-game and post-game entertainment. This is the centerpiece of the new plaza/food court on the first base side, and is flanked by new concessions, a year-round team store and other fan amenities. A new gated entrance connects the expanded ticket plaza to the food court.

Philadelphia Phillies, Veterans Stadium, Multiple Projects, Philadelphia, PA. Various renovation projects over 10 years for restoration, enhancement and revenue generation. Involved structural repairs to seating tiers, seating replacement, new concession and food services, concourse renovations scoreboard replacement, roof replacement, graphics and signage, and the complete evaluation and replacement system for all mechanical and electrical systems. All projects required phased construction and design coordination while 100+ events by Phillies and Eagles took place without interruption.

NY Football Giants, Headquarters and Football Training Facility, East Rutherford, NJ. Planning and design of a new 95,000 sf state-of-the-art NFL football team practice facility in the NJ Meadowlands Sports Complex. The stand-alone campus-like facility is integrated into the overall master plan development for the New Meadowlands Stadium. The facility consists of player training facilities as well as coaches’ and trainers’ offices, meeting rooms and video coaching facilities. Included is a team dining area, kitchen/commissary, as well as a large 100-seat auditorium, and media workspace. There are also three 100-yard outdoor playing fields, one 100-yard, 75-foot clear height indoor playing field and a 5,000 sf Field Maintenance Building.

Singapore Turf Club, Thoroughbred-Racing Complex, Kranji, Singapore. Racecourse and entertainment complex which includes a grandstand for 30,000 patrons, stables for 1,000 horses, a hospital and administrative systems buildings.

CRAIG SCHMITT, RA PROJECT MANAGER

EWINGCOLE

Mr. Schmitt has devoted the majority of his 24+ year career to the planning and design of professional athletic facilities, public and private. He has become recognized in the stadium design industry for his knowledge and skills managing and directing the diverse group of engineers and specialty consultants associated with such facilities. He proficiently understands the planning stages and drivers of design behind athletic and mixed-use facilities, bringing a thorough knowledge of the functional requirements, building program and revenue-enhancing elements associated with public assembly buildings. He has extensive experience both as the firms’ senior project representative during construction administration activities, and in leading the production of large, fast-track bid packages. Mr. Schmitt, a principal of the firm, joined EwingCole in 2001. EXPERIENCE



Philadelphia Phillies, Citizens Bank Park, Philadelphia, PA. Completed in 2004, the Phillies’ 43,500 seat, 1.2 million sf ballpark features a distinctive

EDUCATION

BArch, 1987, Architecture, The Pennsylvania State University

REGISTRATIONS

Registered Architect: CA, PA, NJ

PRESENTATIONS, PUBLICATIONS and AWARDS

Panelist: “USA Market Analysis Roundtable”, Stadia Design & Technology Expo 2012

Presenter: “EwingCole’s Stimulus Package: How Design Can Recover Assets and Reinvent the Experience”, Stadia Design & Technology Expo 2010

2011 DBIA National Design-Build Award – Civic, MetLife Stadium

2011 Athletic Business Journal –Facility of Merit, MetLife Stadium

Presenter: “Designing for Enhancing the Social Aspects of a Sports Facility, Stadia Design & Technology Expo 2010

Panelist: “Play-by-play of Stadium’s Construction” Spring 2010

New York Construction (McGraw Hill) – 2010 Project of the Year, MetLife Stadium


EWINGCOLE

seating bowl geometry which provides excellent sightlines throughout the park and takes advantage of a view to the Philadelphia skyline. The exterior of the building recalls Philadelphia’s architectural heritage while being clearly contemporary in design, integrating the structural system and sports lighting into a unified expression. Open concourses on all levels allow fans to view the on-field action while enjoying concessions, restaurants and other amenities, including Ashburn Alley, a popular two level outfield promenade. The ballpark has a normal electrical distribution system of 7-8 MVA and an emergency electrical system of 3.25 MVA. This project received a best of 2004 Award of Merit by Mid-Atlantic Construction Magazine and two 2005 International Illumination Design Awards.





Reading Phillies, FirstEnergy Stadium Renovation and Addition, Reading, PA. Renovation and addition to a historic minor league ballpark, home of the AA Reading Phillies. The 11,000 sf renovation entails complete demolition and expansion of the existing facilities to restore them to the standards of comparable, newer facilities in the minor leagues. The 9,000 sf addition includes an outdoor stage for pre-game and post-game entertainment. This is the centerpiece of the new plaza/food court on the first base side, and is


EWINGCOLE

flanked by new concessions, a year-round team store and other fan amenities. A new gated entrance connects the expanded ticket plaza to the food court.

Confidential Client, Toronto Pan Am Games, Site Planning Study, Ontario, Canada. EwingCole performed a site planning study for the temporary conversion of an existing sports recreation park into a competition venue for the 2015 Toronto Pan Am Games; specifically for baseball and softball. The proposed site is an existing 70 hectare recreational baseball/softball complex.

NY Football Giants, Headquarters and Football Training Facility, East Rutherford, NJ. Planning and design of a new 95,000 sf state-of-the-art NFL football team practice facility in the NJ Meadowlands Sports Complex. The stand-alone campus-like facility is integrated into the overall master plan development for the New Meadowlands Stadium. The facility consists of player training facilities as well as coaches’ and trainers’ offices, meeting rooms and video coaching facilities. Included is a team dining area, kitchen/commissary, as well as a large 100-seat auditorium, and media workspace. There are also three 100-yard outdoor playing fields, one 100-yard indoor playing field and a 5,000 sf Field Maintenance Building.

Projects completed at Astorino:

Pittsburgh Penguins, Civic (Mellon) Arena Additions and Renovations, Pittsburgh, PA.

Pittsburgh Pirates, PNC Park, Pittsburgh, PA.

Altoona Curve, Blair County Ballpark, Altoona, PA.

Modesto A’s, John Thurman Field, Modesto, CA.

San Diego Padres, Jack Murphy (Qualcomm) Stadium Design Studies, San Diego, CA.

Pittsburgh Pirates, Pirate City Training Facility Additions and Renovations, Bradenton, FL.

ROBERT MCCONNELL, RA SENIOR ARCHITECT / PLANNER / DESIGNER

EWINGCOLE

Mr. McConnell has over 25 years of experience in architecture and planning projects for athletic and municipal clients. He is responsible for master planning and architectural design for numerous sports facilities, institutional facilities, and mixed-use development projects. He specializes in understanding site planning and programming issues, as well as managing building organization concepts. Mr. McConnell, a principal of EwingCole, joined the firm in 1991. EXPERIENCE



Philadelphia Phillies, Citizens Bank Park, Philadelphia, PA. Completed in 2004, the Phillies’ 43,500 seat, 1.2 million sf ballpark features a distinctive seating bowl geometry which provides excellent sightlines throughout the park and takes advantage of a view to the Philadelphia skyline. The exterior of the building recalls Philadelphia’s architectural heritage while being clearly contemporary in design, integrating the structural system and sports lighting into a unified expression. Open concourses on all levels allow fans to view the on-field action while enjoying concessions, restaurants and other amenities,

EDUCATION

MCP, 1986, City Planning, University of Pennsylvania

MArch, 1986, Architecture, University of Pennsylvania

BArch, 1982, Architecture, New York Institute of Technology

REGISTRATIONS

Registered Architect: PA


EWINGCOLE

including Ashburn Alley, a popular two level outfield promenade. The ballpark has a normal electrical distribution system of 7-8 MVA and an emergency electrical system of 3.25 MVA. This project received a best of 2004 Award of Merit by Mid-Atlantic Construction Magazine and two 2005 International Illumination Design Awards.






Reading Phillies, FirstEnergy Stadium Renovation and Addition, Reading, PA. Renovation and addition to a historic minor league ballpark, home of the AA Reading Phillies. The 11,000 sf renovation entails complete demolition and expansion of the existing facilities to restore them to the standards of comparable, newer facilities in the minor leagues. The 9,000 sf addition includes an outdoor stage for pre-game and post-game entertainment. This is the centerpiece of the new plaza/food court on the first base side, and is flanked by new concessions, a year-round team store and other fan


EWINGCOLE

amenities. A new gated entrance connects the expanded ticket plaza to the food court.

Confidential Client, Toronto Pan Am Games, Site Planning Study, Ontario, Canada. EwingCole performed a site planning study for the temporary conversion of an existing sports recreation park into a competition venue for the 2015 Toronto Pan Am Games; specifically for baseball and softball. The proposed site is an existing 70 hectare recreational baseball/softball complex.


Project completed at Wallace Roberts and Todd:

Oriole Park at Camden Yards, Baltimore, MD. This project received a 1992 Design Award of Excellence from the AIA and 1992 Merit Award for Planning and Urban Design from the ASLA, and a 1994 Honor Award for Architecture.

HILARY LANGER, RA, LEED AP SENIOR PROJECT ARCHITECT / LEED COORDINATOR

EWINGCOLE

Mr. Langer's 23 years of architectural experience includes the programming, planning, and design of destination spectator facilities. He has developed and coordinated the integration of architectural engineering systems from schematic design through project construction to ensure the integrity of the building design. Mr. Langer joined EwingCole in 1991. EXPERIENCE


Philadelphia Phillies, Citizens Bank Park, Philadelphia, PA. Completed in 2004, the Phillies’ 43,500 seat, 1.2 million sf ballpark features a distinctive seating bowl geometry which provides excellent sightlines throughout the park and takes advantage of a view to the Philadelphia skyline. The exterior of the building recalls Philadelphia’s architectural heritage while being clearly contemporary in design, integrating the structural system and sports lighting into a unified expression. Open concourses on all levels allow fans to view the on-field action while enjoying concessions, restaurants and other amenities, including Ashburn Alley, a popular two level outfield promenade. The ballpark has a normal electrical distribution system of 7-8 MVA and an emergency electrical system of 3.25 MVA. This project received a best of 2004 Award of Merit by Mid-Atlantic Construction Magazine and two 2005 International Illumination Design Awards.


EDUCATION

Diploma, 1977, Architecture, Kingston Polytechnic, London, England

REGISTRATIONS

Registered Architect: Pennsylvania, ARIBA (United Kingdom)

LEED Accredited Professional

MICHAEL REVIT, RA SENIOR PROJECT ARCHITECT

EWINGCOLE

Mr. Revit has over 21 years experience in the planning, design and documentation of sports-related public assembly buildings as well as other buildings types in Healthcare, Higher Education, Government and Commercial. Mike also has extensive construction administration experience - he has literally spent years on several major construction sites, acting as a full-time, on-site Architect, including one of EwingCole’s largest stadium projects, the New Meadowland Stadium. While working with a previous employer, Mike was also the full-time, on-site Architect during construction of the Wilkes-Barre arena. Mike has had similar duties and assignments in the U.S. and in several countries abroad as a Major in the U.S. Air Force Reserve. Mike completed back-to-back tours in the Persian Gulf as part of the U.S. Operations Iraqi Freedom and Enduring Freedom. Mike joined EwingCole in 2001, and returned to the firm in 2007 after his two active duty tours. EXPERIENCE NY Football Giants / NY Jets, MetLife Stadium, East Rutherford, NJ. EwingCole performed master planning, programming design and documentation to develop a new stadium for the NFL NY Football Giants and NY Jets. The 82,500-seat stadium, one of the league's largest venues, is the only venue to be home to two professional teams in the same sport and is the first to be constructed entirely from private funds. The 2.1 million sf facility features 200,000 sf of year-round retail and dining space including a hall of fame, a team store and two, 3-story high club spaces. The club spaces (atriums) have state-of-the-art fire alarm systems and smoke control systems. The new stadium is the NFL's premier facility, and features club seats, suites, and other premier seating with exceptional sightlines from every angle. The stadium has a normal electrical distribution system of 10 MVA and an emergency electrical system of 4 MVA. The stadium opened in 2010.


EDUCATION

MBA, 1999, Finance, Bloomsburg University of Pennsylvania

BArch, 1991, Architecture, University of Tennessee

REGISTRATIONS


NCARB Certified

MICHAEL REVIT, RA SENIOR PROJECT ARCHITECT

EWINGCOLE


Project completed at Quad3:

Wilkes-Barre Scranton Penguins Hockey Club, Mohegan Sun Arena at Casey Plaza, Wilkes-Barre Township, PA. New arena has over 8,000 permanent seats and a capacity of nearly 10,000 for concerts. The arena’s primary tenants are the Wilkes-Barre/Scranton Penguins of the American Hockey League, affiliated with the Pittsburgh Penguins.

KEVIN MURPHY, RA PROJECT ARCHITECT

EWINGCOLE

Mr. Murphy is an architect with professional design experience for a wide variety of projects including sports and entertainment, healthcare, and government facilities. His technical expertise centers on the design development, documentation, and administration of athletic, major- and minor-league facilities. Mr. Murphy’s particular expertise is in seating bowl design. He is proficient in utilizing EwingCole’s proprietary software to develop seating bowl cross sections based on optimum sightlines. Mr. Murphy joined EwingCole in 2002.

EXPERIENCE




Reading Phillies, FirstEnergy Stadium Renovation and Addition, Reading, PA. Renovation and addition to a historic minor league ballpark, home of the AA Reading Phillies. The 11,000 sf renovation entails complete demolition

EDUCATION

BArch, 2001, Architecture, Drexel University

REGISTRATIONS


KEVIN MURPHY, RA PROJECT ARCHITECT

EWINGCOLE

and expansion of the existing facilities to restore them to the standards of comparable, newer facilities in the minor leagues. The 9,000 sf addition includes an outdoor stage for pre-game and post-game entertainment. This is the centerpiece of the new plaza/food court on the first base side, and is flanked by new concessions, a year-round team store and other fan amenities. A new gated entrance connects the expanded ticket plaza to the food court.




JULIE HALSTED PROJECT ARCHITECT

EWINGCOLE

Ms. Halsted brings more than 30 years experience in the planning, design, and documentation of technically demanding building and renovation projects. She is an expert in technical design, building codes and specification review, successfully administrating many carefully phased projects, attesting to her ability to work effectively with owners, users, and contractors. She has been involved in detailed technical design for many complex facility projects including the development of architectural standards and procedures, coordinating quality control reviews of all disciplines and monitoring the architectural quality and integrity of documentation through all project design phases. Ms. Halsted joined the firm in 2001. EXPERIENCE NY Football Giants / NY Jets, MetLife Stadium, East Rutherford, NJ. EwingCole performed master planning, programming design and documentation to develop a new stadium for the NFL NY Football Giants and NY Jets. The 82,500-seat stadium, one of the league's largest venues, is the only venue to be home to two professional teams in the same sport and is the first to be constructed entirely from private funds. The 2.1 million sf facility features 200,000 sf of year-round retail and dining space including a hall of fame, a team store and two, 3-story high club spaces. The club spaces (atriums) have state-of-the-art fire alarm systems and smoke control systems. The new stadium is the NFL's premier facility, and features club seats, suites, and other premier seating with exceptional sightlines from every angle. The stadium has a normal electrical distribution system of 10 MVA and an emergency electrical system of 4 MVA. The stadium opened in 2010.


Scranton-Wilkes Barre Yankees, PNC Field, Renovation and Addition, Moosic, PA. Following a stadium assessment report in 2009, EwingCole was asked to develop various concepts for a major renovation to the AAA Scranton-Wilkes Barre Yankees’ 10,500 seat multi-purpose stadium, which opened in 1989. The original multi-purpose stadium design, with a steep upper deck, lacks the intimacy, charm and fan amenities found in newer

EDUCATION

BArch, 1987, Architecture, Drexel University

BA, 1977, Design of the Environment, University of Pennsylvania

06/01/1977

01/01/2001

JULIE HALSTED PROJECT ARCHITECT

EWINGCOLE

minor league ballparks. The proposed $40 million renovation completely reinvents the ballpark. It entails demolishing everything but the lower seating bowl, playing field and the home clubhouse, which was rebuilt in 2005.



NY Football Giants, Headquarters and Football Training Facility, East Rutherford, NJ. Planning and design of a new 95,000 sf state-of-the-art NFL football team practice facility in the NJ Meadowlands Sports Complex. The stand-alone campus-like facility is integrated into the overall master plan development for the New Met life Stadium. The facility consists of player training facilities as well as coaches’ and trainers’ offices, meeting rooms and video coaching facilities. Included is a team dining area, kitchen/commissary, as well as a large 100-seat auditorium, and media workspace. There are also three 100-yard outdoor playing fields, one 100-yard, 75-foot clear height indoor playing field and a 5,000 sf Field Maintenance Building.

STEPHEN ZIEGLER, RA SENIOR PROJECT ARCHITECT

EWINGCOLE

Mr. Ziegler brings a broad and knowledgeable perspective to large, complex projects. He provides hands on project direction and quality management, develops project implementation procedures and ensures the performance of the project documentation team. Mr. Ziegler joined EwingCole in 1996. EXPERIENCE




EDUCATION

MArch, 1980, Architecture, University of Pennsylvania

BS, 1977, Architecture, The Pennsylvania State University

REGISTRATIONS


CHRISTINA CASILE, NCIDQ INTERIOR DESIGNER

EWINGCOLE

Ms. Casile has extensive experience in interior design for a variety of client types. She is adept at the art of programming, space planning, design and construction administration of interior architecture. She will work within the client's guidelines to select and document interior finishes. Additionally, she is knowledgeable and talented in selecting furniture, fixtures and equipment. Ms. Casile joined EwingCole in 2004. EXPERIENCE


Philadelphia Phillies, Citizens Bank Park Condition Assessment, Philadelphia, PA. After five seasons and attendance of nearly 12 million fans, the Phillies commissioned EwingCole to prepare a condition assessment for the ballpark’s concrete services. Efforts focused on the main concourse and the suite corridor, where minor wear was evident. At the main concourse, cracks, scaling concrete and some small spalled areas were repaired and the concourse was coated with MMA in a concrete gray color. On the suite level, rubber tile was replaced with MMA in a closely matching color and the finish extended to stairs and elevator lobbies. Drains were repaired on both levels as necessary while additional drains were added at the suite level.



EDUCATION

BS, 2000, Interior Design, Philadelphia University REGISTRATIONS

NCIDQ Certificate

CHRISTINA CASILE, NCIDQ INTERIOR DESIGNER

EWINGCOLE



JARED LOOS, PE SENIOR STRUCTURAL ENGINEER

EWINGCOLE

Mr. Loos has 18 years of experience in structural engineering, including the preparation and design of detailed structural drawings and computer analysis relating to long-span steel structures for institutional and commercial facility projects. He is responsible for developing and reviewing conceptual structural designs based on analyses of the structure, forces that affect the structure, and current codes and standards. He also has extensive field experience in concrete and steel construction. Mr. Loos, a principal at EwingCole, joined the firm in 1994. EXPERIENCE



Philadelphia Phillies, Citizens Bank Park, Philadelphia, PA. Completed in 2004, the Phillies’ 43,500 seat, 1.2 million sf ballpark features a distinctive seating bowl geometry which provides excellent sightlines throughout the park and takes advantage of a view to the Philadelphia skyline. The exterior of the building recalls Philadelphia’s architectural heritage while being clearly contemporary in design, integrating the structural system and sports lighting into a unified expression. Open concourses on all levels allow fans to view the

EDUCATION

MCE, 1999, Civil Engineering, Villanova University

BAE, 1994, Architectural Engineering, The Pennsylvania State University

REGISTRATIONS

Registered Professional Engineer:

CA, CT, DE, FL, MD, NJ, NM, NY, OR, PA, SC

AFFILIATIONS

Member, American Institute of Steel Construction (AISC)

Board Member, Delaware Valley Association of Structural Engineers (DVASE)

Member, American Concrete Institute

JARED LOOS, PE SENIOR STRUCTURAL ENGINEER

EWINGCOLE

on-field action while enjoying concessions, restaurants and other amenities, including Ashburn Alley, a popular two level outfield promenade. The ballpark has a normal electrical distribution system of 7-8 MVA and an emergency electrical system of 3.25 MVA. This project received a best of 2004 Award of Merit by Mid-Atlantic Construction Magazine and two 2005 International Illumination Design Awards.




PETER WELSH, PE, SE SENIOR STRUCTURAL ENGINEER

EWINGCOLE

Mr. Welsh serves as Director of Structural Engineering utilizing his analytical and design skills in developing the structural systems of buildings. He has experience in various types of structural engineering systems and has followed projects from concept through construction administration phases. He has worked with new and renovated spaces constructed of many different materials for governmental, healthcare, and institutional clients. Mr. Welsh, a principal of the firm, joined EwingCole in 1996. EXPERIENCE



Philadelphia Phillies, Citizens Bank Park, Philadelphia, PA. Completed in 2004, the Phillies’ 43,500 seat, 1.2 million sf ballpark features a distinctive seating bowl geometry which provides excellent sightlines throughout the park and takes advantage of a view to the Philadelphia skyline. The exterior of the building recalls Philadelphia’s architectural heritage while being clearly contemporary in design, integrating the structural system and sports lighting into a unified expression. Open concourses on all levels allow fans to view the on-field action while enjoying concessions, restaurants and other amenities, including Ashburn Alley, a popular two level outfield promenade. The ballpark

EDUCATION

MS, 2001, Civil Engineering, Villanova University

BS, 1995, Architectural Engineering, Drexel University

REGISTRATIONS

Professional Engineer, PA, NJ, NY, VA, MD, AZ, WV, Alberta

Structural Engineer, IL

AFFILIATIONS

Member, American Institute of Steel Construction (AISC)

Member, American Concrete Institute (ACI)

Board of Directors, Delaware Valley Association of Structural Engineers (DVASE)

06/01/1995

06/30/1996

PETER WELSH, PE, SE SENIOR STRUCTURAL ENGINEER

EWINGCOLE

has a normal electrical distribution system of 7-8 MVA and an emergency electrical system of 3.25 MVA. This project received a best of 2004 Award of Merit by Mid-Atlantic Construction Magazine and two 2005 International Illumination Design Awards.


The Baltimore Orioles, Ed Smith Stadium Condition Assessment, Sarasota, FL. The Baltimore Orioles engaged EwingCole to provide an independent assessment of the condition of the concrete surfaces of the stadium concourses following their most recent renovation. The assessment included an analysis of the structural systems supporting the concrete decks due to their concern over premature cracking.




DAVID GORDON, PE SENIOR MECHANICAL ENGINEER

EWINGCOLE

Mr. Gordon brings specialized experience in the design of HVAC systems for a variety of project types including sports, healthcare facilities, laboratories and administrative spaces. He has extensive experience in building systems renovation and infrastructure rehabilitation, and the development of new and reconditioned central utility plants. Clients recognize him for innovative and practical solutions in mechanical systems design, often maintaining an operational advisory relationship with the firm’s long-standing clients. He actively participates in the design process and monitors all phases of engineering activities associated with his projects to ensure coordination among disciplines. Mr. Gordon joined EwingCole in 2001. RELEVANT PROJECT EXPERIENCE

Scranton-Wilkes Barre Yankees, PNC Field, Renovation and Addition, Moosic, PA. Following a stadium assessment report in 2009, EwingCole was asked to develop various concepts for a major renovation to the AAA Scranton-Wilkes Barre Yankees’ 10,500 seat multi-purpose stadium, which opened in 1989. The original multi-purpose stadium design, with a steep upper deck, lacks the intimacy, charm and fan amenities found in newer minor league ballparks. The proposed $40 million renovation completely reinvents the ballpark. It entails demolishing everything but the lower seating bowl, playing field and the home clubhouse, which was rebuilt in 2005. A new, high efficiency, condensing hot water boiler plant was designed to serve the new and existing portions of the building.

NY Football Giants / NY Jets, MetLife Stadium Field Heating Study, East Rutherford, NJ. EwingCole performed an infrastructure study, and provided conceptual design options, to provide boiler capacity for a hydronic field heating system. Various options to upgrade, and supplement, the existing boiler plant were evaluated. Hot water from the boiler plant will serve the field heating heat exchangers and associated glycol distribution system. Utility routing, control strategies, and system configurations were also evaluated.

EDUCATION

MS, 1996, Mechanical Engineering, Villanova University

BS, 1991, Mechanical Engineering, Hofstra University REGISTRATIONS

Professional Engineer: DE, NJ, NY, PA

06/01/1991

01/01/2001

MICHAEL LEMASNEY, PE SENIOR MECHANICAL ENGINEER

EWINGCOLE

Mr. LeMasney brings more than 35 years of specialized experience in the design of HVAC systems for a variety of project types including sports facilities, classrooms, laboratories, residences, administrative spaces, and general student life services for academic campuses. He has extensive experience in building systems renovation and infrastructure rehabilitation, and the development of new and reconditioned central utility plants. Clients recognize him for innovative and practical solutions in mechanical systems design, often maintaining an operational advisory relationship with the firm’s long-standing clients. He actively participates in the design process and monitors all phases of engineering activities to ensure coordination among disciplines. Mr. LeMasney, a principal of EwingCole, joined the firm in 1979.

EXPERIENCE



Philadelphia Phillies, Citizens Bank Park, Philadelphia, PA. Completed in 2004, the Phillies’ 43,500 seat, 1.2 million sf ballpark features a distinctive

EDUCATION

BS, 1973, Mechanical Engineering, Drexel University

REGISTRATIONS

Professional Engineer: CT, DE, MD, MI, MO, NH, NJ, NY, NC, OK, OR, PA, SC, VA

AFFILIATIONS

Member, American Society of Heating, Refrigerating and Air Conditioning Engineering (ASHRAE)

MICHAEL LEMASNEY, PE SENIOR MECHANICAL ENGINEER

EWINGCOLE

seating bowl geometry which provides excellent sightlines throughout the park and takes advantage of a view to the Philadelphia skyline. The exterior of the building recalls Philadelphia’s architectural heritage while being clearly contemporary in design, integrating the structural system and sports lighting into a unified expression. Open concourses on all levels allow fans to view the on-field action while enjoying concessions, restaurants and other amenities, including Ashburn Alley, a popular two level outfield promenade. The ballpark has a normal electrical distribution system of 7-8 MVA and an emergency electrical system of 3.25 MVA. This project received a best of 2004 Award of Merit by Mid-Atlantic Construction Magazine and two 2005 International Illumination Design Awards.




HEATHER DREISBACH, PE MECHANICAL ENGINEER

EWINGCOLE

Ms. Dreisbach is a Mechanical Engineer with experience in system development, load calculation, equipment selection and energy modeling. Her HVAC design experience encompasses air distribution systems, hydronic systems, energy recovery and system performance. She is responsible for construction document production for Heating, Ventilating, and Air Conditioning systems. She has produced load calculations, pump head calculations, life cycle cost analyses, budget estimates, project specifications, and code compliance reports. Ms. Dreisbach joined EwingCole in 1997. Heather was EwingCole’s full-time, onsite mechanical engineer for MetLife Stadium observing mechanical design implementation during construction, coordinating construction issues with contractors and providing detailed construction progress reports. EXPERIENCE



EDUCATION

BAE, 1997, Architectural Engineering, The Pennsylvania State University

REGISTRATIONS

Professional Engineer: PA

HEATHER DREISBACH, PE MECHANICAL ENGINEER

EWINGCOLE



Scranton-Wilkes Barre Yankees, PNC Field, Renovation and Addition, Moosic, PA. Following a stadium assessment report in 2009, EwingCole was asked to develop various concepts for a major renovation to the AAA Scranton-Wilkes Barre Yankees’ 10,500 seat multi-purpose stadium, which opened in 1989. The original multi-purpose stadium design, with a steep upper deck, lacks the intimacy, charm and fan amenities found in newer minor league ballparks. The proposed $40 million renovation completely reinvents the ballpark. It entails demolishing everything but the lower seating bowl, playing field and the home clubhouse, which was rebuilt in 2005. A new, high efficiency, condensing hot water boiler plant was designed to serve the new and existing portions of the building.

RICHARD GARMAN, PE SENIOR ELECTRICAL ENGINEER

EWINGCOLE

Mr. Garman has extensive experience in electrical engineering and lighting design in Sports and Entertainment, Healthcare, Corporate, Educational and Industrial projects. He has a vast depth of knowledge in electrical power distribution, electrical power generation, telecommunications, lighting design, lighting control and sustainable design – including LEED. His experiences include coordinating utility relocations, utility upgrades, synchronizing generators with utility services. He also has unique expertise in sports lighting design for all types and sizes of sporting facilities. Mr. Garman, a prinicpal of EwingCole, joined the firm in 1996. EXPERIENCE



New Jersey Sports and Exposition Authority, Boardwalk Hall Renovation & Restoration, Atlantic City, NJ. Renovation of a 196,000 sf National Historic Landmark into a Special Events Hall/Center with 14,000 seats for events including concerts, sports events, and family entertainment shows. The restored facility includes new concessions, restrooms, team locker

EDUCATION

BS, 1995, Electrical Engineering, The Pennsylvania State University

REGISTRATIONS

Registered Engineer: CA, FL, MA, MD, NC, NJ, PA, RI, SC, WI

PRESENTATIONS AND PUBLICATIONS

Co-Author, "An Odds-On Favorite", Lighting Design and Application, July 2002

Contributor, "Night Rider", Lighting Today, July 2003

Presenter, "Sports and Entertainment Lighting", The Philadelphia Lights Show 2002

Co-Author, “Good Citizen”, Lighting Design and Application, January 2005

RICHARD GARMAN, PE SENIOR ELECTRICAL ENGINEER

EWINGCOLE

rooms, catering facilities, and four production offices. Construction was phased around the annually televised Miss America Pageant.




ROBERT CUNNINGHAM SENIOR ELECTRICAL ENGINEER

EWINGCOLE

Mr. Cunningham has more than 35 years experience in electrical power and distribution systems engineering and lighting design. He is responsible for developing performance specifications and planning documents for electrical systems. He is also responsible for design of major swithcgear and normal and emergency power distribution systems. He joined EwingCole in 1974. EXPERIENCE




Philadelphia Phillies, Veterans Stadium, Multiple Projects, Philadelphia, PA. Various renovation projects over 10 years for restoration, enhancement and revenue generation. Involved structural repairs to seating tiers, seating replacement, new concession and food services, concourse renovations

EDUCATION

AAS, Electrical Engineering, Temple University

06/01/1974

06/01/1974

ROBERT CUNNINGHAM SENIOR ELECTRICAL ENGINEER

EWINGCOLE

scoreboard replacement, roof replacement, graphics and signage, and the complete evaluation and replacement system for all mechanical and electrical systems. All projects required phased construction and design coordination while 100+ events by Phillies and Eagles took place without interruption.


Reading Phillies, FirstEnergy Stadium Renovation and Addition, Reading, PA. Renovation and addition to a historic minor league ballpark, home of the AA Reading Phillies. The 11,000 sf renovation entails complete demolition and expansion of the existing facilities to restore them to the standards of comparable, newer facilities in the minor leagues. The 9,000 sf addition includes an outdoor stage for pre-game and post-game entertainment. This is the centerpiece of the new plaza/food court on the first base side, and is flanked by new concessions, a year-round team store and other fan amenities. A new gated entrance connects the expanded ticket plaza to the food court. Scranton-Wilkes Barre Yankees, PNC Field, Renovation and Addition, Moosic, PA. Following a stadium assessment report in 2009, EwingCole was asked to develop various concepts for a major renovation to the AAA Scranton-Wilkes Barre Yankees’ 10,500 seat multi-purpose stadium, which opened in 1989. The original multi-purpose stadium design, with a steep upper deck, lacks the intimacy, charm and fan amenities found in newer minor league ballparks. The proposed $40 million renovation completely reinvents the ballpark. It entails demolishing everything but the lower seating bowl, playing field and the home clubhouse, which was rebuilt in 2005.

ANTHONY ARNONE, PE, LEED AP ELECTRICAL ENGINEER

EWINGCOLE

Mr. Arnone is experienced in electrical and lighting design for Sports and Entertainment, Healthcare and Government projects. His design experience includes electrical power distribution, underground ductbank systems, site lighting, coordination with telecommunication and A/V systems and LEED design. He is responsible for construction document production for electrical power and lighting systems, including sitework. He has produced electrical load calculations, lighting calculations, short circuit and voltage drop calculations, and project specifications. Mr. Arnone joined EwingCole in 2005 as a full-time employee. Anthony was EwingCole’s full-time, onsite electrical engineer for MetLife Stadium project observing electrical design implementation during construction, coordinating construction issues with contractors and providing detailed construction progress reports. EXPERIENCE



EDUCATION

BS, 2005, Electrical Engineering, Drexel University AFFILIATIONS

Professional Engineer: PA

LEED Accredited Professional

06/05/1990

01/01/2000

ANTHONY ARNONE, PE, LEED AP ELECTRICAL ENGINEER

EWINGCOLE




CHRISTY ROGERS, PE, LEED AP, LC LIGHTING DESIGNER

EWINGCOLE

Ms. Rogers has experience in both lighting and electrical design for sports and entertainment, academic and government facilities. She specializes in lighting design, lighting control, and energy analysis. Ms. Rogers joined EwingCole in 2006. EXPERIENCE




Scranton-Wilkes Barre Yankees, PNC Field, Renovation and Addition, Moosic, PA. Following a stadium assessment report in 2009, EwingCole was asked to develop various concepts for a major renovation to the AAA

EDUCATION

MAE, 2003, Architectural Engineering- Lighting/Electrical Option, The Pennsylvania State University

BAE, 2003, Architectural Engineering- Lighting/Electrical Option, The Pennsylvania State University REGISTRATIONS

Registered Engineer: NJ

LEED Accredited Professional NCQLP Lighting Certified (LC) AFFILIATIONS

Illuminating Engineering Society – Philadelphia Section Board Member, ED-100 Instructor

CHRISTY ROGERS, PE, LEED AP, LC LIGHTING DESIGNER

EWINGCOLE

Scranton-Wilkes Barre Yankees’ 10,500 seat multi-purpose stadium, which opened in 1989. The original multi-purpose stadium design, with a steep upper deck, lacks the intimacy, charm and fan amenities found in newer minor league ballparks. The proposed $40 million renovation completely reinvents the ballpark. It entails demolishing everything but the lower seating bowl, playing field and the home clubhouse, which was rebuilt in 2005.


BRUCE FALKENSTEIN, PE SENIOR PLUMBING ENGINEER

EWINGCOLE

With over 30 years experience as a Plumbing Engineer, Mr. Falkenstein currently directs the plumbing engineering operations of the firm, demonstrating a deep understanding of piping, distribution, collection, and consumption. He has extensive experience in plumbing systems and fire suppression systems for a variety of projects related to sporting venues and athletic facilities, as well as educational facilities. His expertise includes engineering design, computer hydraulic modeling and simulation, project coordination, construction administration, evaluation of plumbing systems, preparing design documents and specifications, surveying, site investigations, technical reports and studies, and code search. He brings firsthand knowledge of complex building infrastructure upgrades, specifically in historically significant structures. Mr. Falkenstein joined EwingCole in 1997. EXPERIENCE




EDUCATION

BS, 2007, Engineering Technology, Temple University

AAS, 1978, Architectural Technology, Community College of Philadelphia REGISTRATIONS

Professional Engineer: DE, MD AFFILIATIONS

Member, Society of Fire Protection Engineers

BRUCE FALKENSTEIN, PE SENIOR PLUMBING ENGINEER

EWINGCOLE



ROGER RUDY, PE SENIOR FIRE PROTECTION ENGINEER/ CODE SPECIALIST

EWINGCOLE

Mr. Rudy is a registered Fire Protection Engineer with a deep understanding of life safety / building codes, fire protection systems and building systems engineering. His experience includes a variety of building types including sports & recreation and assembly facilities. Specific tasks include fire protection engineering and code compliance assessments, fire suppression / detection systems analysis and design, Fire Safety Evaluation Surveys (FSES), and fire hazard and risk assessments. Mr. Rudy, a principal of EwingCole, joined the firm in 2006. EXPERIENCE



Reading Phillies, FirstEnergy Stadium Renovation and Addition, Reading, PA. Renovation and addition to a historic minor league ballpark, home of the AA Reading Phillies. The 11,000 sf renovation entails complete demolition and expansion of the existing facilities to restore them to the standards of comparable, newer facilities in the minor leagues. The 9,000 sf addition includes an outdoor stage for pre-game and post-game entertainment. This is

EDUCATION

MS, 2006, Industrial Engineering – Engineering Management, University of Tennessee

BS, 1995, Fire Protection Engineering, University of Maryland at College Park REGISTRATIONS

Professional Engineer: PA, CA, TN, WY, VA, DC, FL AFFILIATIONS

NFPA 101®, The Life Safety Code®, past technical committee member

Licensed Responsible Managing Employee (RME) for Sprinkler Contractors, TN

Siemens Cerberus Division MXL IOM and Voice Certified - August 2000

Tennessee Valley Society of Fire Protection Engineers, Past Chapter President

Society of Fire Protection Engineers, Member

State of TN - Department of Commerce and Insurance Fire Protection Task Force Member

National Fire Protection Association, Member

Salamander Fire Protection Engineering Honor Society, Past Secretary

ROGER RUDY, PE SENIOR FIRE PROTECTION ENGINEER/ CODE SPECIALIST

EWINGCOLE

the centerpiece of the new plaza/food court on the first base side, and is flanked by new concessions, a year-round team store and other fan amenities. A new gated entrance connects the expanded ticket plaza to the food court.


MICHAEL BRUMBERG, RCDD IT/COMMUNICATIONS/SECURITY/ LOW VOLTAGE SYSTEMS DESIGNER

EWINGCOLE

Mr. Brumberg brings significant experience in the design and documentation of telecommunication, lighting and electrical distribution systems for major athletic facilities. In addition, he is experienced in the development of automatic lighting control and life-safety/fire alarm systems and security systems for these buildings. He has extensive field experience as an electrician and has integrated his working knowledge of the trade into his designs. Mr. Brumberg joined EwingCole in 1992. EXPERIENCE



Philadelphia Phillies, Veterans Stadium, Multiple Projects, Philadelphia, PA. Various renovation projects over 10 years for restoration, enhancement and revenue generation. Involved structural repairs to seating tiers, seating replacement, new concession and food services, concourse renovations scoreboard replacement, roof replacement, graphics and signage, and the complete evaluation and replacement system for all mechanical and electrical systems. All projects required phased construction and design

EDUCATION

BS, 1990, Electrical Engineering, Temple University REGISTRATIONS

Certified Registered Communications Distribution Designer (RCDD) AFFILIATIONS

Member, International Association of Electrical Inspectors (IAEI)

American Institute of Architects (AIA) Engineering Course Instructor

06/01/1990

12/21/1992

MICHAEL BRUMBERG, RCDD IT/COMMUNICATIONS/SECURITY/ LOW VOLTAGE SYSTEMS DESIGNER

EWINGCOLE

coordination while 100+ events by Phillies and Eagles took place without interruption.


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706 Second Avenue South • Suite 660 • Minneapolis, MN 55402 T 612.332.5471 • F 612.332.5657 • www.lerchbates.com

BOB LEIBROCK Regional Manager

Elevator Consulting Group

Bob Leibrock, Regional Manager, began working for Lerch Bates in 1997, currently working for the Lerch Bates Minneapolis office as a Consultant and Project Manager providing vertical transportation analysis and design. Previously, Mr. Leibrock worked for Schindler Elevator Corporation and Westinghouse Elevator Company.

EXPERIENCE

As a Vertical Transportation Consultant, Mr. Leibrock is responsible for the following functions:

Vertical Transportation Equipment Preparation of Contract Documents For New, Existing and Modernized Equipment Contract Administration Services for Vertical Transportation Equipment Evaluation Vertical Transportation System Studies Vertical Transportation Maintenance

As a Regional Manager, Mr. Leibrock provides complete Administration of Design and Construction Services, including Contract Negotiation, Schematic Design, Design Development, Contract Drawings, Contract Specifications, Bid Review, Shop Drawing Review and Construction Services for Vertical Transportation.

RELATED CONSULTING WORK

Minnesota Twins Stadium – Minneapolis, MN Orland Arena and Event Center – Orlando, Florida Arrowhead Stadium and Kauffman Stadium – Kansas City, Missouri Louisville Arena – Louisville, Kentucky Hilton Coliseum, Iowa State University – Ames, Iowa Minneapolis-St. Paul International Airport – Twin Cities, MN MSP-Humphrey Terminal Orange Ramp Expansion & Skyway Core – Twin Cities, MN Indira Gandhi International Airport Expansion –New Delhi, India Harrah’s Cherokee Casino, Hotel, Parking – Cherokee, North Carolina LRT Northstar Light Rail Station – Twin Cities, MN Iowa State University Audits/Modernizations/Installations (Numerous Projects) – Ames, Iowa Iowa State Capitol – Des Moines, Iowa Hennepin County Public Safety Facility and Adult Detention Center – Minneapolis, MN University of Minnesota Audits/Modernizations/Installations (Numerous Projects) – Twin Cities, MN IDS Center, Minneapolis – MN Wells Fargo Home Mortgage Corporate Campus – Minneapolis, MN Southdale Medical Office Building, Minnetonka, Minnesota St. Mary’s Hospital, Pierre, South Dakota Woodlands Community Medical Center, Houston, Texas Virtua Ambulatory Care Center – Voorhees, New Jersey

EDUCATION

William Rainy Harper Junior College, Palatine, Illinois, A.S. Architectural Technology Centenary College, Hackettstown, New Jersey, B.S. Business

AFFILIATIONS

ASME Elevator Safety Inspector, QEI #1470 NAESA Member - National Association of Elevator Safety Authorities State of Iowa Special Inspectors License

http://www.lerchbates.com/

716 North Bethlehem Pike, Suite 204, Lower Gwynedd, PA, 19002 T 215.641.4979 F 215.641.9014 www.lerchbates.com

ANDREW N. FOUTES Regional Manager

Elevator Consulting Group

Andrew N. Foutes, Regional Manager, began working for Lerch Bates in 1994. He is currently working in the Lerch Bates Philadelphia Office as a consultant and project manager providing vertical transportation analysis and design. Previously, Andrew worked for Lerch Bates as District Manager in Chicago.

PROJECT RESPONSIBILITIES

As Regional Manager, Mr. Foutes is responsible for the following functions:

Vertical Transportation Equipment Studies Design and Analysis for the Vertical Transportation Systems Preparation of Contract Documents and Complete Administration Construction Services for the

Vertical Transportation Equipment Vertical Transportation Maintenance Evaluations Due Diligence Studies

RELATED EXPERIENCE-NEW CONSTRUCTION Meadowlands Stadium, Rutherford, NJ Eagles Stadium, Philadelphia, PA Phillies Ballpark, Philadelphia, PA Pirates Ballpark, Pittsburgh, PA Family Courts Building, Philadelphia, PA Cira Centre, Philadelphia, PA United States Embassy, London, UK Revel Casino, Atlantic City, NJ Walnut Street Tower, Philadelphia. PA Temple Gateway Residences, Philadelphia, PA Princeton Neuroscience Building Philadelphia Youth Center, Philadelphia, PA Gateway Office Building, Wilmington, DE Trump Chairman’s Tower, Atlantic City, NJ

EDUCATION

Northeastern University, Boston, Massachusetts

Northeast Institute of Technology, Boston, Massachusetts

North Shore Community College , Lynn, Massachusetts

Chamberlayne College, Boston, Massachusetts

AFFILIATIONS

C.E.I. #1021 Certified Inspector

NAESA – National Association of Elevator Safety Authorities

Firm Qualifications and Experience

Foodservice Resources was founded in 1989 and since that time, has provided quality foodservice facility design and consulting services to a wide range of clients including restaurants, corporate dining operations, retail chains, healthcare facilities, hospitality clients, schools and colleges, and sports facilities.

Our professional services include both design and operations management. A consortium approach to our consulting practice provides our clients with a full range of foodservice consulting services and a project team tailored to the needs of a specific assignment. Firm principals John DePaola and Jeff D’Italia have participated in hundreds of projects in all areas of commercial and on-site foodservice.

Our foodservice design work (for both new construction and renovation), as well as facility project consulting experience includes: Sports Facilities and Convention Centers

Major League

Tampa Bay Times Forum, Tampa Bay Lightning, Tampa, FL Target Center, Minnesota Timberwolves, Minneapolis, MN Oriole Park at Camden Yards, Baltimore Orioles, Baltimore, MD Safeco Field, Seattle Mariners, Seattle, WA Target Field, Minnesota Twins, Minneapolis, MN Rangers Ballpark in Arlington, Texas Rangers, Arlington, TX New Yankee Stadium, New York Yankees, Bronx, NY Cowboys Stadium in Arlington, Dallas Cowboys, Arlington, TX Timex Performance Center, New York Football Giants, East Rutherford, NJ New Meadowlands Sports Complex, New York Giants and New York Jets, East Rutherford, NJ Prudential Center, New Jersey Devils, Newark, NJ PETCO Park, San Diego Padres, San Diego, CA Invesco Field at Mile High, Denver Broncos, Denver, CO ALLTEL Stadium, Super Bowl 2005, Jacksonville Jaguars, Jacksonville, FL Xcel Energy Center, Minnesota Wild, St. Paul, MN FedEx Field, Washington Redskins, Landover, MD Paul Brown Stadium, Cincinnati Bengals, Cincinnati, OH Staples Center, Los Angeles Clippers, Lakers and Kings, Los Angeles, CA ATT Park, San Francisco Giants, San Francisco, CA New Orleans Arena, New Orleans Hornets, New Orleans, LA Mercedes-Benz Superdome, New Orleans Saints, New Orleans, LA College and University Ben Hill Griffin Stadium, University of Florida Gators, Gainesville, FL Notre Dame Stadium, University of Notre Dame Fighting Irish, South Bend, IN Papa John’s Louisville Cardinals Stadium, Louisville Cardinals, Louisville, KY Amon G. Carter Stadium, TCU Horned Frogs, Ft. Worth, TX Notre Dame University, Notre Dame Fighting Irish, Ft. Bend, IN Memorial Stadium, Kansas Jayhawks, Lawrence, KS University of South Florida Baseball & Softball Complex, USF Bulls, Tampa, FL Carolina Stadium, University of South Carolina Gamecocks, Columbia, SC

Allen Fieldhouse, University of Kansas, Lawrence KS, Kansas Jayhawks Arena at Harbor Yard, Fairfield University/Bridgeport Sound Tigers, Bridgeport, CT Minor League Mesa Ballpark, Chicago Cubs Spring Training Facility & Arizona State University, Mesa, AZ Constellation Field, Sugar Land Skeeters, Sugar Land, TX PNC Field, Scranton-Wilkes Barre Yankees, Mossic, PA BB&T Stadium, Winston-Salem Dash, Winston-Salem, NC Cheney Stadium, Tacoma Raniers, Tacoma, WA Recreation Park, Visalia Rawhide, Visalia, CA Regency Furniture Stadium, Southern Maryland Blue Crabs, LaPlata, MD Sovereign Bank Stadium, York Revolution, York, PA Clipper Magazine Stadium, Lancaster Barnstormers, Lancaster, PA Hammond Stadium, Fort Myers Miracle/Minnesota Twins Spring Training, Fort Myers, FL Peoria Sports Complex, Seattle Mariners and San Diego Padres Spring Training Facility, Peoria, AZ Bright House Networks Field, Philadelphia Phillies Spring Training Facility, Clearwater, FL Classic Park, Lake County Captains, Eastlake, OH Chukchansi Park, Fresno Grizzlies, Fresno, CA Calvin Falwell Field, Lynchburg Hillcats, Lynchburg, VA Cal Ripken Stadium, Aberdeen Ironbirds, Aberdeen, MD Arthur Perdue Stadium, Delmarva Shorebirds, Salisbury, MD Campbell’s Field, Camden Riversharks, Camden, NJ GPU Energy Park, Lakewood Blueclaws, Lakewood, NJ Citibank Park, Long Island Ducks, Central Islip, NY Bears and Eagles Riverfront Stadium, Newark Bears, Newark, NJ Commerce Bank Ballpark, Somerset Patriots, Somerset, NJ MerchantsAuto.com Ballpark, The New Hampshire FisherCats, Nashua, NH The Sandcastle, Atlantic City Surf, Atlantic City, NJ Coastal Federal Field, Myrtle Beach Pelicans, Myrtle Beach, SC Holman Stadium, The Nashua Pride, Nashua, NH Hank Aaron Stadium, Mobile Bay Bears, Mobile, AL Durham Bulls Athletic Park, Durham Bulls, Durham, NC Metro Center Arena, Rockford Ice Hogs/Rock River Raptors, Rockford, IL Mercer County Waterfront Park, Trenton Thunder, Trenton, NJ AutoZone Park, Memphis Redbirds, Memphis, TN Frontier Field, Rochester Redwings, Rochester, NY Sec Taylor Stadium, Iowa Cubs, Des Moines, IA Belmont Park, Elmont, NY, NYRA US Bank Arena, Cincinnati, OH Greensboro Coliseum, Greensboro, NC BI-LO Center, Greenville, SC Convention Centers Jacob Javits Convention Center, New York, NY Baltimore Convention Center, Baltimore, MD Exposition Place, Toronto, ON Sioux City Convention Center, Sioux City, IA Roland Powell Convention Center, Ocean City, MD Walter E. Washington Convention Center, Washington, DC Northern Kentucky Convention Center, Louisville, KY McAllen Convention Center, McAllen, TX

Cultural, Museums and Recreation The Speed Art Museum, Lousiville, KY

Holiday Valley Ski Resort, Ellicotville, NY Peace Center, Greenville, SC iDrive Live (Orlando Wheel), Orkando, FL Miami Art Museum, Miami, FL New York City Center, New York, NY Museum of the Moving Image, New York, NY Museum of the Shenandoah Valley, Winchester, VA The Nature Center at Maymont, Richmond, VA Koko Head Nature Preserve at Hounama Bay, Honolulu, HI Garfield’s Heartland Festival Theme Park, Plainfield, IN Museum of Science and Industry, Tampa, FL Explore Park, Roanoke, VA Jamestown Festival Park, Jamestown, VA Mystic Seaport, Mystic, CT The Whitney Museum, New York, NY New York Historical Society, New York, NY Intrepid Air and Space Museum, New York, NY Liberty Science Center, Liberty State Park, NJ Woodruff Arts Center, Atlanta, GA Mann Center for the Performing Arts, Philadelphia, PA Lincoln Center for the Performing Arts, New York, NY Boston Symphony Orchestra at Tanglewood, Tanglewood, MA The National Aquarium, Baltimore, MD The Academy of Music, Philadelphia, PA The Philadelphia Zoo, Philadelphia, PA Cradle of Aviation, Mitchell Field, NY New York Botanical Gardens, Bronx, NY Business, Industry, Financial and Government Shenandoah Life Insurance Company, Roanoke, VA Nations Bank, Tampa, FL National Rifle Association, Fairfax, VA Fredericksburg Auto Auction, Fredericksburg, VA Metropolitan Life Insurance Company, Eight Facilities in NY, NJ, PA, SC and TN Random House World Headquarters, New York, NY AXA Financial Inc., Harmon Meadow, NJ U.S. Securities and Exchange Commission, The McGraw Hill Companies, New York NY LEGO Systems, Enfield, CT Bloomberg Park, Princeton, NJ Intuit National Service Center, Stafford, VA CITIBank, New York, NY Moody’s Investor Services, New York, NY DuPont Pharmaceuticals, Garden City, NY Unilever Home and Personal Care, Greenwich, CT Simon and Schuster, Upper Saddle River, NJ Murdoch Magazines, Secaucus, NJ Dow Jones Company, Battery Park City, NY Merrill Lynch and Co., Four Facilities in NYC AIG, New York NY Ciba-Geigy Corporation, Tarrytown, NY Kidder Peabody and Co, New York, NY J.P. Morgan, Six Facilities in NYC Fidelity Investments, World Trade Center, NYC Internal Revenue Service, Holtsville, NY Prudential Securities, New York, NY

Federal Reserve Bank, New York, NY Credit Suisse First Boston Corporation, New York, NY Societe Generale, New York, NY Bank of Tokyo, New York, NY United States Federal Courthouse, Brooklyn, NY US Trust Corporation, New York, NY Educational College and University Virginia Commonwealth University, Richmond, VA St. John’s University, Jamaica, NY Germanna Community College, Spotsylvania, VA Hobart/William Smith College, Geneva, NY College of New Rochelle, New Rochelle, NY Gettysburg College, Gettysburg, PA John Tyler Community College, Richmond, VA Brooklyn College, Brooklyn, NY Blue Ridge Community College, Wyers Cave, VA Primary and Secondary Hillsborough County School Board, Six Schools, Tampa, FL The Claremount Preparatory School, New York, NY The Roebling School, Trenton, NJ New Ultrecht High School, Brooklyn, NY Magnet High School for the Performing Arts, Tampa, FL Union City School District, Five Schools, Union City, NJ Kent School, Kent, CT Brook Point High School, Stafford, VA The Hotchkiss School, Lakeville, CT Massaponax High School, Spotsylvania, VA Keio Gijuku Japanese Prep School, New York, NY Syosset Central School District, Long Island, NY City of Tampa Schools (Six Schools), Tampa, FL Restaurants and Hospitality

Full Service Dempsey’s Brew Pub, Baltimore Orioles, Baltimore, MD Bar Boulud (Chef Daniel Boulud), New York, NY Café Boulud (Chef Daniel Boulud), Brazilian Court Hotel and Beach Club, Palm Beach, FL Daniel (Chef Daniel Boulud), New York, NY DBGB Kitchen and Bar (Chef Daniel Boulud), New York, NY Le Bernardin (Chef Eric Ripert), New York, NY Wheeling Island Casino-Hotel-Racetrack, Wheeling, WV Palladio Restaurant, Barboursville Vineyards, VA Planet Hollywood, Times Square, NY The Food Network Demonstration Kitchen, Chelsea Market, NY Trump International Hotel, New York, NY Garden City Country Club, Garden City, NY Denny’s Prototype, Spartanburg, SC Four Seasons Hotel, New York, NY

Southside 815, Alexandria, VA Port Washington Yacht Club, Long Island, NY Chili’s, Ten Restaurants in the DC metro area Quantuck Beach Club, Westhampton Beach, NY Garden City Hotel, Long Island City, NY On the Border Cafe, Four restaurants in the DC metro area American Tobacco Historic District, Durham, NC Pate House Pub, National Park Service, Yorktown, VA Peggy O’Neil’s at Key Span Park, Brooklyn, NY Max’s Positive Vibe Cafe, Richmond, VA Grand Central Balcony Restaurant, New York, NY Philadelphia Country Club, Gladwyne, PA Quick Service United States Army – Ft. Lee Food Court, Fort Lee, VA Noodles and Company Prototype, Boulder, CO Circle K Convenience Stores, Columbus, IN Sheetz Prototype, Altoona, PA Food Emporium, New York, NY On the Run Cafe Prototype, Charlotte, NC Freshies Prototype, Hampden, ME La Colline Express, Washington, DC Flamer’s Prototype, Washington, DC Cactus Cantina Prototype, United States Navy MWR, Arlington, VA Wolfgang Puck Express, Washington, DC and Louisville, KY Quiznos, Washington, DC and Baltimore, MD Healthcare and Institutional Acute and Long Term Care Salvation Army Civic Center, Philadelphia, PA Medical College of Virginia Hospitals, Richmond, VA Maimonides Medical Center, Brooklyn, NY Fair Oaks Hospital, Fairfax, VA Queen Anne’s Crossing Retirement Center, Dover, DE St. John’s Riverside Hospital, Yonkers. NY Meadowview Hospital, Secaucus, NJ Masonic Home and Hospital, Wallingford, CT Main Line Health Care Systems, Philadelphia, PA Jewish Home and Hospital, New York, NY Memorial Sloan Kettering Cancer Center, New York, NY North Shore Health Systems, Huntington, NY Seabrook at Hilton Head Island, Hilton Head, SC Englewood Medical Center and Hospital, Englewood, NJ Notchcliff Life Care Center, Baltimore, MD

Institutional Northern State Prison, Newark, NJ Garden State Correction and Youth Reception Facility, Trenton, NJ Massachusetts Department of Mental Retardation, Boston, MA Massachusetts Department of Mental Health, Boston, MA

Biographies

John DePaola, Principal in Charge, is an engineer by training and has been involved in food service design, operations and consulting since 1978. After graduating with a B.S. in Civil Engineering with an emphasis in Construction Management, he pursued a post-graduate MBA and a technical education in the Culinary Arts. He owned and operated his own successful mid-scale restaurant and club, and after a successful six-year run, the business was sold and John relocated to Texas. There he worked as a project manager for a food service development and operations firm, supervising assignments in Houston, Dallas, San Antonio and Austin. Projects included clubs, hotels, restaurants for Wolfgang Puck and ZZ Top and corporate dining facilities. Before establishing Foodservice Resources, he was project director for an international food service consulting organization with offices in Washington and London, where he managed a staff of designers and management consultants. Since founding Foodservice Resources in 1989, he has worked on approximately 150 different consulting assignments of all descriptions, encompassing the areas of project management, programming, food service facility design, market and feasibility studies, and food service operations. Clients have included municipal governments, private restaurants, fast food operators, hotels, clubs, the military, healthcare facilities, developers and investment groups, correctional facilities, schools, colleges and universities, and private corporations. His design for the retail foodservices at the Washington Convention Center was voted one of the top foodservice design projects of 2004 by Foodservice Equipment and Supplies Magazine, and Chain Store Age Magazine recognized his prototype design for Sheetz in 2005 as a First Place award winner. He was a presenter at the 2009 Foodservice at Retail Expo (FARE) on the subject of New Directions in Foodservice Equipment. He is also a founding member of the Board of the Directors of the GLMD Foundation, a non-profit foundation that operates the Positive Vibe Café in Richmond, VA, a coffee shop and café where disabled young adults are trained for jobs in foodservice. While his technical background facilitates clear communication among the foodservice design team, his operational expertise, food sense and related skills add a hands-on understanding of all types of foodservice production and distribution systems and provides an invaluable link with chefs and other culinary professionals.

1) Wayfinding, 2) Theming/Branding, 3) Naming Rights/Identity

Catt Lyon Design and Wayfinding Consultants

is a full-service multi-disciplinary graphic

communications firm, serving owners, tenants,

architects, construction managers and planners,

throughout North America.

With offices in New York, Chicago, and Cincinnati,

the studio offers particular expertise in the

development of innovative wayfinding systems,

naming rights signage programs and environmental/

branding graphics, for sports venues.

We are well versed in both the integration of

static with digital signage and the integration

of wayfinding with naming rights/sponsorship

signage.

We believe that the signage and graphics we

create must be integral to the architecture and

settings of which they are a part, and reflective

of the character of both the tenant team and the

community in which the venue resides.

Our goal is to provide a seamless product, which

serves all stakeholders’ needs. We accomplish this

by adhering closely to the vision of the design

team.

Our collaborative design and execution process

provides for stakeholder input at many junctures

and guarantees a functional and aesthetically

superior product, delivered on time and

within budget.

Our interdisciplinary staff of graphic designers,

architects and industrial designers employs the

best practices in our industry.

Through our ftp site and video-conferencing

capabilities, we work with clients on a real-

time basis.

We are adept at dealing with complex

construction schedules and administration

routines and take great pride in our ability to

manage projects and to help our clients make

informed decisions.

NFL & MLB Projects: Current Decade Only:

Lucas Oil Stadium (NFL) 1,2,3

Indianapolis, Indiana

Nationals Park (MLB) 1,2,3

Washington, D.C.

Soldier Field (NFL) 1,2,3

Chicago, Illinois

Lincoln Financial Field (NFL) 1,2

Philadelphia, Pennsylvania

Reliant Stadium (NFL) 1,2,3

Houston, Texas

(1) Company Profile

Our QualificationsC A T T L Y O ND E S I G N + W A Y F I N D I N G

(2) Key Personnel

Charleen Catt Lyon, Proposed Principal-in-Charge / Project Manager

Charleen Catt Lyon is Design

Principal, majority owner and

founder of Catt Lyon Design

and Wayfinding Consultants,

a full-service multi-disciplinary

graphic design studio, located

in New York, Chicago, and

Cincinnati. In this capacity,

Ms. Catt Lyon leads the firm’s graphic designers,

industrial designers and architects, on all projects.

A multi-faceted and nationally recognized

designer, who has managed a wide array

of projects, including signage and branding

graphics, print, web and exhibitry, Ms. Catt Lyon

is a practiced design professional in both 2D and

3D environments. Through her work, she has

attained a thorough understanding of materials

and processes and has become an innovative

practitioner of sustainable design.

Ms. Catt Lyon is accustomed to working within

large project teams and with input from many types

of stakeholders, including owners, developers,

tenants, architects, engineers and other design

professionals, as well as community representatives.

Her work has been published in several design

books and magazines, including: Best in

Environmental Graphics, Print Casebooks, City

Signs: Innovative Urban Graphics, Madison Square

Press, Rockport Publishers’ Live Events Graphics and

SEGD’s Wayfinding: Designing and Implementing

Graphic Navigational Systems.

Ms. Catt Lyon is currently a member of the

Society for Environmental Graphic Design, a

Professional Member of the New York Chapter

of the American Institute of Architects and a

member of the Urban Land Institute.

Specific Strengths:

• Seasoned Project Manager

• Flexible Problem Solver

• Excellent Communicator

Education

University of Cincinnati

College of Design, Architecture, Art and Planning

B.S. Graphic Design

Related Projects:

NFL & MLB Projects: Current Decade, Only:

Lucas Oil Stadium, Indianapolis, IN

Nationals Park, Washington, D.C.

Soldier Field, Chicago, IL

Lincoln Financial Field, Philadelphia, PA

Reliant Stadium, Houston, TX

C A T T L Y O ND E S I G N + W A Y F I N D I N G

(2) Key Personnel (continued)

Simon Lyon, CPA, Proposed Business Principal

A licensed non-practicing CPA, Simon Lyon has

been Business Principal and minority owner of Catt

Lyon Design Inc. since its inception in 1981.

With more than 35 years of experience in

accounting and financial management, he leads

our Quality Control program and has established

for the Firm an excellent reputation for both

meeting project deadlines and budgets.

He also serves as the Firm’s project locator and

proposal manager.

Prior to joining Catt Lyon Design Inc., Mr. Lyon was

a member of the audit staff of an internationally

known accounting firm.

Specific Strengths:

• Excellent QA/QC Skills

• Excellent Sports Imagery Research/Curating Skills

Education

University of Cincinnati

B.S. Accounting (Summa cum Laude)

Related Projects

NFL & MLB Projects: Current Decade, Only:

Lucas Oil Stadium, Indianapolis, IN

Nationals Park, Washington, D.C.

Soldier Field, Chicago, IL

Lincoln Financial Field, Philadelphia, PA

Reliant Stadium, Houston, TX

C A T T L Y O ND E S I G N + W A Y F I N D I N G

CONTACT INFORMATION

AUGUST 2012 1PROFESSIONAL SPORTS STADIUM EXPERIENCE UNI-SYSTEMS, LLC

UNI-SYSTEMS, LLC

4600 Lake Road

Minneapolis, MN 55422

TEL. (763) 536-1407

FAX (763) 536-9782

www.uni-systems.com

PROJECT MANAGER

Mark Silvera, PE

DIRECT (763) 404-8835

CELL (612) 743-4216

AUGUST 2012 2

COMPANY HISTORY

PROFESSIONAL SPORTS STADIUM EXPERIENCE UNI-SYSTEMS, LLC

INTRODUCTION

Uni-Systems, LLC (Uni-Systems), established in 1968, is a highly regarded design and construction firm

that specializes in kinetic architecture; transformative structures that change with climate, need or

purpose. Originally established to develop moveable architecture for aerospace giants such as Boeing

Aircraft, American Airlines, Delta Airlines, NASA and Cape Canaveral Air Force Station, Uni-Systems

soon expanded into the military, construction and entertainment industries.

Uni-Systems has been involved in the professional sports stadium industry for more than 15 years, and

has helped make kinetic elements the benchmark for a modern, multi-purpose facility. The company

designed and built the roof mechanization systems for 6 of the past 8 retractable roof sports stadiums

in North America.

In addition to retractable roof mechanization, Uni-Systems has designed the mechanization for other

iconic stadium elements including operable walls, kinetic artwork and operable seating. These

elements are not only functional, but they are also an important part of the guest experience. They

are regularly showcased and choreographed into highly publicized events such as the Super Bowl or

opening ceremonies.

The following pages summarize Uni-Systems’ professional sports stadium experience in the past 10

years. The scope of each project, unless otherwise noted, is mechanization design, fabrication and

installation.

AUGUST 2012 3

PROFESSIONAL SPORTS STADIUM PROJECTS


RELIANT STADIUM

Houston, Texas

PROJECT SCOPE

• Retractable Roof Mechanization

OWNER

Harris County, Texas / SMG World

Mohnie Mangat, Director of Maintenance

(832) 667-1433

PROJECT DESCRIPTION

As the first stadium to ever have both a

natural grass playing surface and a

retractable roof, Reliant Stadium has forever

changed the paradigm of major sports

stadium design.

Because of Houston’s near year-round

sunshine, Uni-Systems was tasked with

creating a stadium that could offer a live

grass playing surface, as well as protection

from unpredictable Texas weather. Uni-

Systems created an operable roof built to

withstand a variety of wind loads and

thermal conditions. The roof panels were

designed to allow movement both back and

forth laterally and left to right upon the

superstructure rails. Uni-Systems’ patented

4-bar linkage assembly makes this a reality.

Retractable roof

Retractable roof, closed

AUGUST 2012 4



UNIVERSITY OF PHOENIX STADIUM

Phoenix, Arizona

PROJECT SCOPE


• Retractable Field Mechanization

OWNER

Arizona Cardinals / Global Spectrum

Fred Corsi, Jr., Executive Director of

Operations

(623) 433-7115

PROJECT DESCRIPTION

When the University of Phoenix Football

Stadium design team began, they were told

to not think of it as a football stadium, but

rather as a multi-purpose facility,

configurable for football, or any type of show

or convention. Where some traditional

football stadiums are used no more than 10-

20 dates a year, the University of Phoenix

designers were asked to create a stadium to

be available for scheduled events 365 days a

year. The opening in 2006 of the home of the

NFL’s Arizona Cardinals marked a new era in

stadium design, and with it, an innovative

approach to sports facility management.

Two challenges were presented to Uni-

Systems – Arizona’s scorching summers and

mild winters, and the trend towards “live

grass” playing fields. The resulting stadium

design included a retractable roof as well as

the first retractable “live grass” playing field

in an NFL stadium.

Retractable roof

Retractable field, parked outside the stadium

AUGUST 2012 5



RFK STADIUM

Washington, D.C.

PROJECT SCOPE

• Operable Bleachers

• Retractable Pitchers Mound

OWNER

Washington Convention and Sports

Authority

Troy Scott, Vice President of Event

Operations

(202) 345-7020

PROJECT DESCRIPTION

In 2005, more than 40 years after RFK

Stadium first opened, both Major League

Baseball’s Washington Nationals and Major

League Soccer’s DC United moved into the

venerable stadium. To convert a stadium

with football seating to a facility capable of

handling soccer and baseball, Uni-Systems

installed a retractable pitchers mound and

retractable bleachers (all in a schedule less

than 90 days in length).

The retractable seating provides an entirely

new seating configuration in less than ten

minutes depending on the event taking

place.

The pitchers mound is able to fully retract

where it rests safely as soccer players sprint

above. For baseball, the mound is brought

back up, in pristine condition, ready for use.

Operable bleachers

Retractable pitcher’s mound installation

AUGUST 2012 6



COWBOYS STADIUM

Arlington, Texas

PROJECT SCOPE


• Operable Wall Mechanization

• Video Board Mechanization

OWNER

Blue Star Development

Mark Hickman, Director of Stadium Projects

(214) 437-3653

PROJECT DESCRIPTION

Jerry Jones, owner of the NFL’s Dallas Cowboys, wanted to give fans a stadium unlike any other. The team’s new home was designed so that the retractable roof, when open, created a rectangular exposure that looks just like the permanent opening at the Cowboys’ previous home, Texas Stadium.

To add to the stadium’s open atmosphere, two operable window walls were installed at each end zone. These World Record-sized walls offer a stunning panoramic view of the stadium’s surrounding area.

When constructed, the stadium’s massive video board was the world’s largest, and it was intended to be a stationary element. However, a concert stage used by U2 on their 360° world tour required the stadium’s center-hung video board to be lifted to accommodate the massive traveling stage. While a temporary solution was considered, the Cowboys and their design team took it one step further by hiring Uni-Systems to create a versatile lift system for the video board, allowing it to move as needed, as distance of 90 feet.

Retractable roof and operable video board

Operable end-zone walls

Operable video board

AUGUST 2012 7



MINUTE MAID PARK

Houston, Texas

PROJECT SCOPE

• Squeeze Play Running Man Game

OWNER

Houston Astros

Bobby Forrest, Vice President of Ballpark

Operations

(304) 480-1580

PROJECT DESCRIPTION

The Squeeze Play Running Man at Minute Maid

Park is popular with children and adults alike.

Participants race against the giant baseball

player, trying to beat him to first base. The

operator adjusts Running Man’s speed, making

the game fun for kids of all ages.

Uni-Systems designed, manufactured, and

installed the updated feature in 2007. The 15-

foot tall aluminum cutout is driven 37.5 feet

along a stainless steel rail, which is below the

floor level and out of sight. The 15-horsepower

belt drive system quietly moves the figure up

to 15 feet per second, with the speed quickly

and easily adjusted by the operator. Fencing on

all sides of the Running Man keep participants

safe from moving parts. Emergency stop

buttons and a foot pedal allow for immediate

stops in case of any emergency.

AUGUST 2012 8



LUCAS OIL STADIUM

Indianapolis, Indiana

PROJECT SCOPE


• Operable Wall Mechanization

PROJECT OWNER

Capital Improvements Board of Marian

County

Tom Boyle, Facility Manager

(317) 262-3421

PROJECT DESCRIPTION

The World Champion Indianapolis Colts

moved to an elegant new home in 2008, the

Lucas Oil Stadium. Located in downtown

Indianapolis, the stadium was envisioned as

an architectural match to the existing

cityscape. The retractable roof, a necessity

considering the hundreds of “non-football

events” planned, was also envisioned within

the proposed architectural mind-set

The design team, including Uni-Systems,

came up with a gabled, side-opening roof,

with its peak running north and south down

the center of the field, parallel to the

sidelines. The retractable roof panels open

at the center peak and roll down along the

slopes of the roof, allowing for a giant open

space above the playing field.

Overlooking downtown Indianapolis, the

operable window wall at Lucas Oil Stadium

opens at the push of a button and brings a

new level of outdoor atmosphere to the

stadium.

Operable end-zone walls, from exterior

Retractable roof and operable walls

AUGUST 2012 9



CITI FIELD

Queens, New York

PROJECT SCOPE

• Mets’ Home Run Feature

OWNER

New York Mets

Eric Saretsky, Vice President of Mets

Development

(212) 485-4441

PROJECT DESCRIPTION

The New York Mets Home Run Apple has

been a traditional ballpark celebration, loved

by fans since 1980. When the team moved to

Citi Field in 2009, it was an opportunity to

update the icon. Uni-Systems designed,

fabricated, and installed the new apple,

which is significantly larger, and is adorned

with the Mets logo and LED lights.

The 16-foot tall, 8,300-pound fiberglass shell

is lifted on a telescoping steel frame that is

designed to tuck neatly out of sight inside.

Its powerful hydraulic drive system lifts the

apple 15 feet in the air in a mere 3 seconds,

and resets in a matter of minutes, ready for

the next home run celebration, all at the

touch of a button.

With the old apple resting comfortably near

the bullpen entrance gate, the new Mets

Home Run Apple is ready to give both new

and familiar fans something to cheer about.

Mets Home Run Apple

AUGUST 2012 10



MARLINS PARK

Miami, Florida

PROJECT SCOPE


• Operable Wall Mechanization (design only)

• Marlins’ Home Run Feature

OWNER

Miami Marlins, L.P

Claude Delorme, Executive Vice President of

Operations and Events

(305) 480-1580

PROJECT DESCRIPTION

The new Marlins Park includes a 3-panel

retractable roof. The roof allows the live

grass playing field to grow in full sunshine.

The roof can be closed at the push of a

button to protect fans from the harsh

tropical sun or rain showers. The roof serves

as a guarantee to fans that the game will go

on, rain or shine.

Adding to the open-air feel of the stadium is

the operable outfield wall, which opens to

reveal the skyline of downtown Miami.

For the Marlins’ home run feature, Uni-

Systems worked closely with multimedia

artist Red Grooms to turn his artistic vision

into a full-scale piece of moving art.

Engineers designed the overall structure as

well as the mechanisms that drive a variety

of moving components; these include

spinning marlins and seagulls, flamingos

with flapping wings, and oscillating waves.

Additionally, the feature includes high-

pressure water canons and approximately

2,000 LED lights.

Retractable roof

Operable wall and home run feature

Close-up of the home run feature

AUGUST 2012 1 1

KEY PROJECT PERSONNEL



Bart Riberich, Uni-Systems President

John Lanari, Vice President of Operations

Mark Silvera, Project Manager

Lennart Nielsen, Electrical Engineering Manager

Alan Wilcox, Mechanical Engineering Manager

Dan Krzmarzick, Structural Engineering Manager

AUGUST 2012 12



BART RIBERICH, PE, SE

President

Licenses/Credentials Professional Engineer Registrations:Arizona # 40067Florida # 62713Kansas # 10707Minnesota # 22631New York # 076207Texas # 83733Utah # 6525946-2202Wisconsin # E-26812

Structural Engineer Registrations:Arizona # 41086Nevada # 18040

Civil Engineer Registration:Nevada # 18040

American Welding Society Certified QC1 Welding InspectorOHSA 30 for Construction Safety and Health

Professional Affiliations American Institute of Steel ConstructionAmerican Society of Civil EngineersAmerican Welding Society

Education 1993: M.S. Civil Engineering with HonorsStructures EmphasisUniversity of Kansas

1982: B.S. Civil and Environmental Engineering with HonorsStructural EmphasisUniversity of Wisconsin

Professional Experience 1994-Present Uni-Systems2006-Present President

Oversee the operation of all Uni-Systems departments and the delivery of all Uni-Systems projects. Develop long-term strategic plans for the company, identify and pursue future projects for the company, and maintain Uni-Systems’ quality of work.

1995-2006 Vice President of EngineeringOversee all technical aspects of project operations for Uni-Systems.

1994-1995 Structural Engineer, El-Al Docking System

1988-1994 Fluor Daniel Inc., Engineering Manager

1984-1988 Black & Veatch, Structural Engineer

1982-1984 Fluor Engineers, Structural Engineer

[email protected](763) 404-8858

AUGUST 2012 13



JOHN LANARI, PE

Vice President of Operations

Licenses/Credentials Professional Engineer RegistrationsMinnesota # 22462

Professional Affiliations American Institute of Steel ConstructionAmerican Welding Society

Education 1988: B.S. Mechanical Engineering, High DistinctionUniversity of Minnesota Institute of Technology

Professional Experience 1994-Present Uni-Systems2007- Present Vice President of Operations

Oversee the implementation of all Uni-Systems projects. Develop and maintain budgets and schedules, negotiate contracts with Uni-Systems’ suppliers, and administer design, purchasing, fabrication, installation, commissioning and closeout of projects.

200-2007 Project ManagerResponsible for delivery of all project materials and services. Develop and track budgets; oversee design, fabrication, installation, commissioning, and turnover; and manage engineers and other employees working on the project.

1997-2000 PCS Engineering, Project Engineer1994-1997 Uni-Systems, Project Engineer1990-1993 U.S. Steel, Project Engineer1988-1990 General Dynamics Space Systems, Thermal

Analysis

Uni-Systems Projects Cowboys StadiumLucas Oil StadiumUniversity of Phoenix StadiumMiller ParkReliant Stadium


AUGUST 2012 14



MARK SILVERA, PE

Project Manager, Project Engineer

Licenses/Credentials Professional Engineer RegistrationsMinnesota # 47940

Contractor’s LicenseUtah # 7402243-5551

American Welding Society Certified QC1 Welding Inspector

OHSA 30 for Construction Safety and Health

Professional Affiliations American Society of Mechanical EngineersAmerican Institute of Steel ConstructionAmerican Welding SocietyOrder of the Engineer

Education 1994 B.S. Mechanical EngineeringMinnesota State University Mankato

Professional Experience 2003-Present Uni-Systems2006-Present Project Manager

Responsible for delivery of all project materials and services. Develop and track budgets; oversee design, fabrication, installation, commissioning, and turnover; and manage engineers and other employees working on the project.

2003-2006 Project Engineer

2002-2003 Electronic Pars Co., Project Engineer1994-2002 Silvera Drywall and Construction, Owner/Operator

Uni-Systems Projects New York Mets Home Run Apple (Project Manager)Cowboys Stadium End Zone WallLucas Oil Stadium End Zone WallRFK Stadium Operable Bleachers RFK Stadium Retractable Pitcher’s MoundUniversity of Phoenix Stadium Retractable RoofUniversity of Phoenix Stadium Retractable Field


AUGUST 2012 15



LENNART NIELSEN

Electrical Engineering Manager

Licenses/Credentials Danish Master Electrician

OSHA 30 for Construction Safety and Health

Education 1971 Danish Master ElectricianAarhus Technical University, Denmark

1969 Apprenticeship (4.5 years with curriculum)

Professional Experience 1992-Present Uni-Systems2002-Present Electrical Engineering Manager

Manage the electrical engineering department. Oversee electrical engineers, budgets, projects, testing, and design of custom electrical and control system.

1992-2002 Electrical Engineer1976-1992 Spuhl Anderson Machine Company, Electrical

Engineer

Uni-Systems Projects Marlins Park Retractable RoofCowboys Stadium Video Board MechanizationCowboys Stadium Retractable RoofCowboys Stadium End Zone WallLucas Oil Stadium Retractable RoofLucas Oil Stadium End Zone WallUniversity of Phoenix Stadium Retractable RoofUniversity of Phoenix Stadium Retractable FieldReliant Stadium Retractable RoofMinute Maid Park Retractable Roof


AUGUST 2012 16



ALAN WILCOX, PE

Mechanical Engineering Manager

Licenses/Credentials Professional Engineer RegistrationMinnesota # 43346

American Welding Society Certified QC1 Welding Inspector

OHSA 30 for Construction Safety and Health

Professional Affiliations American Institute of Steel ConstructionAmerican Welding Society

Education 1995 B.S. Mechanical EngineeringUniversity of Minnesota Institute of Technology

Professional Experience 2002-Present Uni-Systems2005-Present Project Manager

Responsible for delivery of all project materials and services. Develop and track budgets; oversee design, fabrication, installation, commissioning, and turnover; and manage engineers and other employees working on the project.

2002-Present Project EngineerProvide support and develop designs. Carry out fabrication, installation, and turnover.

2000-2002 PCS Engineering, Senior Mechanical Engineer1995-2000 Kloster Corporation, Senior Mechanical Engineer

Uni-Systems Projects Marlins Park Retractable Roof (Project Manager)Lucas Oil Stadium Retractable RoofLucas Oil Stadium End Zone WallUniversity of Phoenix Stadium Retractable RoofUniversity of Phoenix Stadium Retractable Field


AUGUST 2012 17



DAN KRZMARZICK, PE

Structural Engineering Manager

Licenses/Credentials Professional Engineer LicenseMinnesota # 49582

American Welding Society Certified QC1 Welding InspectorOHSA 30 for Construction Safety and Health

Professional Affiliations American Institute of Steel ConstructionAmerican Society of Civil EngineersAmerican Welding Society

Education 2006 M.S. Civil EngineeringUniversity of Minnesota

2002 B.S. Physics, minor in MathematicsBethel University

Professional Experience 2005-Present Uni-Systems2005-Present Structural Engineer

Provide structural design and analysis for various projects. Work with structural, mechanical, and electrical engineering teams to develop successful designs, fabrications, and installations of mechanized systems.

2003-2005 University of Minnesota, Research Assistant2001-2002 Bethel University, Undergraduate Research

Assistant

Uni-Systems Project Marlins Park Operable WallCowboys Stadium End Zone WallCowboys Stadium Retractable RoofLucas Oil Stadium Retractable RoofLucas Oil Stadium End Zone Wall


Kevin G. McGuire Professional Experience

Business & Legal Experience

McGuire Associates, Inc. Newburgh, NY and Waltham, MA Chairman & CEO 1991 to present Founder of McGuire Associates, Inc. a consulting firm specializing in issues of compliance with federal & state disability-related laws.

District Attorney's Office, Bronx County, New York Assistant District Attorney / Staff Assistant 1987 to 1991 Responsible for disposition of criminal cases for arraignment, preparation of cases for Grand Jury presentation including subpoena of evidence, filing of motions, witness review, and trial strategy; liaison between District Attorney's office and New York State Police for undercover surveillance; trial prosecutor.

Massachusetts Rehabilitation Commission, Boston, Massachusetts Legal Intern Summer, 1986 Appointed by State Commissioner Elmer Bartels, responsible for drafting and implementing state regulations resulting in the creation of an agency for independent living.

U.S. Congressman Hamilton Fish, Jr., Washington, D.C. Staff Assistant 1984 to 1985 Responsible for researching and drafting congressional federal voting legislation.

United States Military Academy, West Point, New York Personnel Evaluator Summer, 1983 Responsible for establishing standards and guidelines to be used in civilian personnel evaluations and reviews.

Tuition Advance Fund Information Center, Boston, Massachusetts National Director Summer, 1982 Special project for the President of Boston University, responsibilities included structuring new student loan eligibility procedures and developing legislative framework for use as national federal guidelines.

IBM Corporation, Poughkeepsie, New York Financial Analyst Summer, 1981 Responsible for analyzing and preparing recommendations for vender bid review process; investigated and resolved outstanding accounts payable/receivable invoices.

U.S. Senator Edward M. Kennedy, Boston, Massachusetts Staff Assistant 1979 to 1980 Responsible for coordinating and scheduling incoming visitors and communications at Senator Kennedy's Boston office; acted as the Senator's representative at various Massachusetts town government meetings; prepared summaries and follow-up recommendations for the Senator's review.

Related Experience

Prepared and sold public service announcements for the Governor's Office of Employment of Disabled Persons, State of California.

Motion picture and television experience including collaborative/technical advisor and onscreen featured role both for Oliver Stone in Universal Pictures' "Born On The Fourth of July" and for daytime television drama series. Retained by Columbia Pictures as technical advisor for the feature film, "Gattica."

National Essay Winner, President's Commission on Employment of People with Disabilities; selected as winner over 1,000 participants, and received national recognition and publication of essay.

Disability Law Center, Inc, Individual Leadership Award Recipient, for improving the quality of life for people with disabilities in Massachusetts, September 15th, 2005.

2012 Independent Living, Inc. Silver Celebration Gala honoree, for individual accomplishments which have resulted in systematic changes to improve access in public places for people with cognitive, mobility, hearing and visual disabilities. New York, May 5th, 2012.

2012 Commencement Speaker at Boston University, College of Health and Rehabilitation Sciences, selected by faculty, including Professor and Dean, Gloria Waters, to inspire graduates and their families.

2012 Harvard University Graduate School of Design Executive Education Attendee –Accessibility: Compliance, and Universal Design.

Past Committee Appointments

NFPA’s Building Code Technical Correlating Committee

NFPA's Disability Access Review and Advisory Committee

NFPA’s Technical Committee on Building Systems

Education

Juris Doctorate, Georgetown University, Washington, D.C. May, 1987 Served as Staff Assistant to Congressman Hamilton Fish, Jr.; taught Urban, Housing, Family, and Criminal Law to high school seniors in Washington D.C. public school system; trained class for city-wide mock trial competition.

Bachelor of Arts in History and Political Science, Boston University, Boston, Massachusetts May, 1983 Student Body President representing 13,500 undergraduate students; administered a one million dollar annual budget, responsible for drafting and implementation of a new student government constitution, and restructuring of the student government organization; ex-officio member on the Boston University Board of Trustees, 1982-1983.

Jonathan B. Lankin, B.E.Sc., P.Eng. Project Manager/Senior Specialist

www.rwdi.com

Rowan Williams Davies & Irwin Inc. 1987 – Present Jonathan joined Rowan Williams Davies & Irwin Inc. in 1987 as a Project Engineer. In 1996, he was appointed Project Manager. His duties encompass wind tunnel studies related to the effects of wind loads on structures and their components as well as other fluid modelling studies concerned with building envelope problems. His specialist role includes work on stadiums, arenas, cable-stayed bridges and high-rise structures.

Wind Tunnel Studies for Retractable Roof Stadiums SkyDome, Toronto, ON, Canada. Chase Field, AZ, USA. Safeco Field, Seattle, WA, USA. Proposed Shea Stadium, NY, USA Miller Park, Milwaukee, WI, USA. Proposed Jets Stadium, NY, USA Minute Maid Park, Houston, TX, USA. Reliant Stadium, Houston, TX, USA. Lucas Oil Stadium, Indianapolis, IN, USA University of Phoenix Stadium, Glendale, AZ, USA. Dallas Cowboy Stadium, TX, USA Marlin’s Park, Miami FL, USA Millennium Stadium, Cardiff, Wales

Wind Tunnel Studies for Stadiums, Arenas & Centers New Meadowlands Stadium, NJ, USA. PNC Park, Pittsburgh, PA, USA. Cleveland Browns Stadium, Cleveland, OH, USA. St. Louis Cardinals Ballpark, MO, USA. Great American Pyramid, Memphis, TN, USA. Fleet Center, Boston, MA, USA. University of Chicago, Ratner Athletics Center, IL, USA. Kansas City Performing Arts Center, MO, USA Bartle Hall Expansion, MO, USA Minnesota Twins Stadium, MA, USA Louisville Arena, KY, USA New Anfield Stadium, England

Selection of Publications & Presentations Soligo, M.J Lankin, J.B. and Irwin, P.A. Environmental Loads and Microclimate Impacts on Sports Facilities.

Soligo, M.J., Irwin, P.A., Gamble, S.L., Hunter, M.A., and Lankin, J.B. How Green is Your Turf? How Hard is Your Ice? Stadia & Arena 2002, Cardiff, Wales.

Irwin, P.A., Cicci, M.D., and J.B. Lankin. (1998). Variability of Cladding Pressures Caused by Adjacent Buildings. Journal of Wind Engineering and Industrial Aerodynamics 77 & 78:147-156.

RWDI Responsibility Proposals/Marketing Team Management Client Management Financial Management Quality Management Expert Leadership

Education Bachelor of Engineering Science (Civil Engineering), University of Western Ontario, 1987.

Qualification Registered Professional Engineer (Ontario).

Membership Ontario Society of Professional Engineers.

Contact Information Ph: 519.823.1311 x 2251 Fx: 519.823.1316 [email protected]

Canada | USA | UK | India | China 8

650 Woodlawn Road West Guelph, Ontario N1K 1B8

519-823-1311 x 2237 [email protected] www.rwdi.com

Employee Name and Degrees Employee Job Title

Michael J. Soligo, P.Eng. President & CEO

ROWAN WILLIAMS DAVIES & IRWIN INC. 1998 - PRESENT

Formerly RWDI’s Vice President and General Manager of the Wind and Microclimate Group, Michael joined the company in 1988 and became a Principal of the firm in 1994. For several years, he served as Vice President, Marketing, where he was responsible for leading the firm’s business development efforts.

Michael is a microclimate specialist and has considerable experience in managing and conducting pedestrian level wind, wind pressure, wind loading, snow and environmental studies. He has extensive international experience related to sports facilities, hotels, casinos, resorts and the development of unique pedestrian / spectator comfort criteria. A University of Waterloo graduate with a Bachelor of Applied Science (Civil Engineering) and a Master of Applied Science (Engineering Faculty, Management Sciences), Michael is a Registered Consulting Engineer as well as a Registered Professional Engineer in the Province of Ontario.

RWDI RESPONSIBILITIES Project Director for Wind Engineering Projects Management and technical input on projects Development of testing and analysis methods

Business development Expert witness for legal issues Board of Directors

SELECTED PROJECT EXPERIENCE

Sports Facilities Guangdong Stadium, PRC. Shanghai Stadium, PRC. Wembley National Stadium, England. Reliant Stadium, Houston, TX, USA. Minute Maid Stadium Houston, TX, USA. Miller Park, Milwaukee, WI, USA. Chase Field, Phoenix, AZ, USA. Safeco Field, Seattle, WA, USA. SkyDome, Toronto, ON, Canada. Inchon Stadium, South Korea. Seoul Stadium, Seoul, South Korea. City of Manchester Stadium, England. Rangers Ballpark in Arlington, TX, USA. TD Garden, Boston, MA, USA. Rose Garden, Portland, OR, USA.

Research & Development Development of Turf and Ice Microclimate Studies. Dev. of Impact on the “Play of the Game” Tech. Development of Baseball Trajectory Methodology. Development of Pedestrian Comfort Criteria. Development of Computer Graphics for Sun/Shade

& Reflected Light Studies. Development of Sun/Shade Criteria.

Hotels/Casinos/Resorts Paris Hotel/Casino, Las Vegas, NV, USA. Sands Hotel/Casino, Las Vegas, NV, USA. Silver Legacy Hotel/Casino, Reno, NV, USA. Atlantis Hotel/Casino Expansion, Bahamas. Luxor Hotel, Las Vegas, NV, USA. Montreal Casino Addition, QC, Canada. Bellagio Hotel/Casino, Las Vegas, NV, USA. Portofino Tower, Miami Beach, FL, USA. La Santa Maria Condominium, Miami, FL, USA.

Convention Centres/Malls CNE National Trade Centre, Toronto, ON, Canada. Mall of America, Bloomington, MN, USA.

Universities/Hospitals Boston University Center for Photonics Research,

Boston, MA, USA. MA Institute of Technology, Cambridge, MA, USA. Johnson Pavilion, University of Pennsylvania, USA. Joseph Stokes Research Institute, Philly, PA, USA. Brigham and Women's Hospital, Boston, MA, USA. Harvard Institutes of Medicine, Boston, MA, USA.

http://www.rwdi.com/

Canada | USA | UK | India | China 8

650 Woodlawn Road West Guelph, Ontario N1K 1B8

519-823-1311 x 2237 [email protected] www.rwdi.com

Employee Name and Degrees Employee Job Title

Michael J. Soligo, P.Eng. President & CEO

EDUCATION & QUALIFICATIONS

Education

Bachelor of Applied Science (Civil Engineering), University of Waterloo, Ontario, Canada, 1983.

Master of Applied Science (Engineering Faculty, Management Sciences), University of Waterloo, Ontario, Canada, 1984.

Qualifications

Registered Professional Engineer (Alberta, Ontario). Registered Consulting Engineer.

Membership

Association of Professional Engineers of Ontario (APEO) American Society of Civil Engineers (ASCE). Canadian Society of Civil Engineers (CSCE). American Association for Wind Engineering (AAWE). Stadium Managers Association.

WORK HISTORY

1984 – 1985 Imperial Oil Engineer

1985 – 1988 F.H. Theakston & Associates Senior Engineer and Director of Projects

PUBLICATIONS

Conley, G., S.L. Gamble, P.A. Irwin, M. ASCE, and M.J. Soligo, M.ASCE, Wind-Induced Internal Pressures on Sports Arena. Presented at the 1999 ASCE Structures Congress, New Orleans, Louisiana.

Soligo, M .J .,,M.ASCE, H. Wu, and P.A. Irwin, Assessment of pedestrian Thermal Comfort. Presented at the 1999 ASCE Structures Congress, New Orleans, Louisiana.

Soligo, M.J., J.B. Lankin, and P.A. Irwin, Environmental Loads and Microclimate Impacts on Sports Facilities. Presented at the 1998 Cardiff International Arena, Cardiff, Wales.

Soligo, M.J., P.A. Irwin, C.J. Williams, G.D. Schuyler (1997), A Comprehensive Assessment of Pedestrian Comfort Including Thermal Effects. The Eighth U.S. National Conference on Wind Engineering, Baltimore, Maryland.

Soligo, M.J., P.A. Irwin, G.K. Stone (1996), Experiences with Wind Tunnel Testing of Concrete Structures. CIAS Conference on Evolution in Experimentation for Construction, Malta.

Soligo, M.J., P.A. Irwin, C.J. Williams and G.D. Schuyler, Pedestrian Comfort: A Discussion of the Components to Conduct a Comprehensive Assessment, Paper presented at the ASCE Structure Congress XIII, April 1995: Boston Massachusetts.

Soligo, M.J., P.A. Irwin, C.J. Williams (1993), Pedestrian Comfort Including Wind and Thermal Effects. Asia-Pacific Symposium on Wind Engineering, Hong Kong.

Soligo, M.J., C.J. Williams (1991), A Discussion of the Components for a Comprehensive Pedestrian Level Comfort Criterion. Eighth International Conference on Wind Engineering, London, Ontario.

Soligo, M.J., G.D. Schuyler (1991), Snow Infiltration in Fresh Air Intakes, What Can be Done. Eastern Snow Conference, Guelph, Ontario.

Soligo, M.J. (1988), Automation of a Water Flume for Snow and Wind Engineering Using Microcomputer Based Data Acquisition. Eastern Snow Conference, Lake Placid, New York.

http://www.rwdi.com/

PROJECTEXPERIENCE

EWINGCOLE | WWW.EWINGCOLE.COM

EwingCole performed masterplanning, programming design anddocumentation work to develop a newstadium for the NFL NY Football Giantsand NY Jets. The 82,500-seat stadium,one of the league's largest venues, isthe only venue to be home to twoprofessional teams in the same sport,and is the first to be constructedentirely from private funds.

The 2.1 million sf facility, features200,000 sf of year-round retail anddining space including a hall of fameand team store. The new stadium willbe the NFL's premier facility, and willfeature club seats, suites, and other

premier seating with exceptionalsightlines from every angle. Thestadium opened in 2010.

The stadium and potential ancillarycomponents covers 55 acres in theMeadowlands sports complex. Thestadium is part of an overall masterrenewal plan for the Meadowlandscomplex. A $2B development plan forthe adjacent arena site will includeadditional retail, dining, andentertainment options, as well aspossible lodging and corporate officedevelopment. The site will be mademore accessible due to someadvanced traffic engineering and newlinks to New York and New Jerseymass transit routes.

Seating Capacity: 82,5000GSF: 2,100,000Construction Cost: 1.0 BillionDesign Fee (including consultants):$34,000,000 (excluding Structural,Premium Interior, Signage and FullTime Site Representation)Project Delivery System: Design/BuildMembers of ProposedTeam/Responsibilities:• Master Planning• Architecture• Interior Design• Mechanical• Electrical (incl. Sports Lighting)• Plumbing and Fire Protection• Energy Modeling, Building Analysis

and Commissioning• Green Building InitiativesPrincipal in Charge: Pradeep Patel, PEProject Manager: Craig Schmitt, RAKey Consultants/Responsibilities:• Site/Civil – Langan Engineering &

Environmental Services• Structural – Thornton-Tomasetti• Audio/Visual/Broadcast/IT – WJHW• Food Service – Bigelow• Vertical Transportation – Lerch Bates• Playing Field – Clough Harbour

Associates• Code Compliance – Code

Consultants, Inc.• ADA Consultant – McGuire

Associates (hired by Owner)• Signage & Graphics – (by Owner)• Landscape Architecture - Langan

Engineering & EnvironmentalServices

• Wind Engineering - RWDIOwner Reference:Mr. John MaraExecutive Vice PresidentNew York Football GiantsThe Timex Performance Center50 State Route 120East Rutherford, NJ 07073201-935-8111

NEW YORK FOOTBALL GIANTS & NEW YORK JETS METLIFE STADIUM | EAST RUTHERFORD, NJ


EwingCole has had a continuousworking relationship with thePhiladelphia Phillies baseball clubsince 1964 when planning started onwhat ultimately became VeteransStadium. Beginning in 1999,EwingCole worked with the Phillies todesign Citizens Bank Park in SouthPhiladelphia to replace VeteransStadium. The new ballpark designincorporates the best aspects of thegreat pre-war ballparks whileproviding modern amenities andmaking use of the latest technologicaladvances in sports entertainment.

The ballpark's brick-clad exteriordesign recalls Philadelphia's greattradition of sports architecture. The seating bowl layout is inspired by theclassic plans of the Baker Bowl, homeof the Phillies until 1938, and ShibePark (later renamed Connie MackStadium), which housed the team until

1971. At the same time, it isunmistakably modern, placing thisnew home for the Phillies clearly in the21st century. At home plate, thirdbase, and first base, glass enclosedtowers that mark these importantplaces in the park. Approaching thecorner plazas, the steel framed seatingbowl and light towers flank theprimary entrances. Fans approachingthese entrances are able to see intothe park, enhancing the anticipation,excitement, and fun of attending abaseball game.

This project received a 2004 Awardof Merit by the Delaware ValleyAssociation of Structural Engineersand the 2004 Mid-Atlantic GoldenTrowel Award by the InternationalMasonry Institute, a best of 2004Award of Merit by Mid-AtlanticConstruction Magazine, and two2005 International IlluminationDesign Awards.

Seating Capacity: 43,500GSF: 1,100,000Construction Cost: 370 MillionDesign Fee (including consultants):$26,000,000Project Delivery System: CMMembers of ProposedTeam/Responsibilities:• Master Planning• Architecture• Interior Design• Structural• Mechanical• Electrical (incl. Sports Lighting)• Plumbing and Fire Protection• Specialty Lighting• Code Compliance• FF&E Selection• Energy Modeling, Building Analysis

and CommissioningPrincipal in Charge: Pradeep Patel, PEProject Manager: Craig Schmitt, RAKey Consultants/Responsibilities: • Site/Civil – Pennoni Associates• Audio/Visual/Broadcast/IT – WJHW• Food Service – Aramark• Vertical Transportation – Lerch Bates• Playing Field – Pennoni Associates

(plus Murray Cook hired by team)• ADA Consultant – McGuire

Associates (hired by Owner)• Signage & Graphics –

The Douglas Group• Landscape Architecture - Synterra• Wind Engineering - RWDIOwner Reference:Mr. David MontgomeryPresident / CEOThe Philadelphia PhilliesOne Citizens Bank WayPhiladelphia, PA [email protected]

PHILADELPHIA PHILLIESCITIZENS BANK PARK | PHILADELPHIA, PA


SCRANTON-WILKES BARRE YANKEESPNC FIELD RENOVATION & ADDITION | MOOSIC, PA


Following a stadium assessmentreport in 2009, EwingCole wasasked to develop various conceptsfor a major renovation to the AAAScranton-Wilkes Barre Yankees’10,500 seat multi-purpose stadium,which opened in 1989. The originalmulti-purpose stadium design, witha steep upper deck, lacks theintimacy, charm and fan amenitiesfound in newer minor leagueballparks. The proposed $40 millionrenovation completely reinvents theballpark. It entails demolishing

everything but the lower seatingbowl, playing field and the homeclubhouse, which was rebuilt in2005. In the new renovationscheme, all non-premium seatingwill be confined to the lower bowl,Only suite and club seating will belocated above the main concourse.General admission patrons will havea variety of new seating optionsfrom which to choose, such as tieredpicnic areas and lawn seating. Theconcessions, restrooms, operationsand administrative facilities will allbe new. The stadium renovation willbe completed in 2013.

Seating Capacity: 10,000GSF: 235,000 GSFConstruction Cost: $34,800,000Design Fee (including consultants):

$2,900,000Project Delivery System: CMMembers of Proposed

Team/Responsibilities:

• Master Planning• Architecture• Interior Design• Structural• Mechanical• Electrical (incl. Sports Lighting)• Plumbing and Fire Protection• Specialty Lighting• Code Compliance• Telecommunications• Energy Modeling, Building Analysis

and CommissioningPrincipal in Charge: Pradeep Patel, PEProject Manager: Craig Schmitt, RAKey Consultants/Responsibilities:

• Site/Civil – Pennoni Associates• Audio/Visual/Broadcast/IT – WJHW• Food Service – Foodservice

Resources Inc.• Playing Field – Brickman Sports Turf

Services (separate design-buildproject in 2008)

• ADA Consultant – McGuireAssociates (hired by Owner)

• Signage & Graphics – C+G Partners(hired by Owner)

• Landscape Architecture – H.M. WhiteSite Architects

Owner Reference:

Mr. Steve Labovitz Esq.McKenna, Long & Aldridge LLP303 Peachtree StreetSuite 530030308 Atlanta GA(404) [email protected]

READING PHILLIESFIRSTENERGY STADIUM RENOVATION AND ADDITION | READING, PA


Renovation and addition to a historic minor league ballpark, homeof the AA Reading Phillies. The existingoperations, administration and teamfacilities of the +/-8,800 seat stadiumwere cramped and outdated. The11,000 sf renovation entails completedemolition and expansion of theexisting facilities to restore them tothe standards of comparable, newerfacilities in the minor leagues. The9,000 sf addition to the ballparkenhances the fan experience and

creates new revenue generatingopportunities. An outdoor stage forpre-game and post-gameentertainment is the centerpiece ofthe new plaza/food court on the firstbase side, which is flanked by newconcessions, a year-round team storeand other fan amenities. A new gatedentrance connects the expandedticket plaza to the food court. The $10million project was completed for the 2011 season.

Seating Capacity: 8,800GSF: 20,000 Construction Cost: 8,400,000Design Fee (including consultants):$680,000Project Delivery System: CMMembers of ProposedTeam/Responsibilities:• Master Planning• Architecture• Interior Design• Structural• Mechanical• Electrical (incl. Sports Lighting)• Plumbing and Fire Protection• Specialty Lighting• Code CompliancePrincipal in Charge: Pradeep Patel, PEProject Manager: Craig Schmitt, RAKey Consultants/Responsibilities:• Site/Civil – Stackhouse Bensinger• Audio/Visual/IT – WJHW (hired by

Owner)• Food Service – (design by local F.S.

equip. distributor hired by team)• Signage & Graphics –

(design by local sign subcontractor hired by team)

• Landscape Architecture -Stackhouse Bensinger

Owner Reference:Mr. John StranixPresidentStranix Associates LLC1802 Pillory DriveVienna, VA 22182202- 661-5052 [email protected]

Over the years, EwingCole hascompleted various projects for thePhillies spring training center inClearwater, including renovations toJack Russell Memorial Stadium beforethey built a new ballpark to replace it.

EwingCole was the associatearchitect and structural engineer forthe new Brighthouse Networks Field,

an 8,000 seat ballpark locatedadjacent to St. PetersburgCommunity College, which sharesadditional parking and playing fields.

The site is easily accessible fromneighboring properties with abridge over a major highway,connecting the stadium complex toadditional parking.

Seating Capacity: 8,000GSF: 248,000Construction Cost: 22 MillionDesign Fee (including consultants):$600,000 (Architectural & Structural only)Project Delivery System: CMMembers of ProposedTeam/Responsibilities:• Architecture (associate)• StructuralPrincipal in Charge: Pradeep Patel, PEProject Manager: Pradeep Patel, PEKey Consultants/Responsibilities: • Site/Civil – Charlotte Engineering

Sport Group• MEP Engineers –

Bredson & Associates• Audio/Visual/Broadcast/IT – WJHW• Food Service –

Foodservice ResourcesOwner Reference:Mr. David MontgomeryPresident / CEOThe Philadelphia PhilliesOne Citizens Bank WayPhiladelphia, PA [email protected]

CLEARWATER THRESHERSSPRING TRAINING FACILITY/BRIGHTHOUSE NETWORKS FIELD | CLEARWATER, FL


EwingCole provided full servicearchitectural and engineeringservices for a new state-of-the-artNFL football team practice facility inthe New Jersey Meadowlands SportsComplex. The facility is situated on20 acres of land on the far westernedge of the Meadowlands SportsComplex property. The Giants’Headquarters is a stand-alonecampus-like facility, but is integratedinto the overall master plandevelopment for the NewMeadowlands Stadium. The facilityis designed primarily for year rounduse by the NY Football Giants teamand administrative staff.

The 104,000 square foot facilityconsists of player training facilities -locker room, weight room, trainingroom, hydrotherapy room andsupport spaces - as well as teamcoaches' and trainers' offices,meeting rooms and video coachingfacilities. The facility has a teamdining area, kitchen, as well as a 130seat auditorium, and workspace forthe media. Additionally, the facilityhas team administrative officespace and executive office space.

There are three (3) 100 yardoutdoor grass playing fields, one (1) 60 yard outdoor artificial turffield, one (1) 100 yard indoor playingfield, a 5000 square foot FieldMaintenance Building and surfaceparking for approximately 230 cars.

Seating Capacity: N/AGSF: 190,000Construction Cost: $60,000,000Design Fee (including consultants):$4,000,000Project Delivery System: GCMembers of ProposedTeam/Responsibilities:• Master Planning• Architecture• Interior Design• Structural• Mechanical• Electrical• Plumbing and Fire Protection• Specialty Lighting• Code Compliance• FF&E Selection• Energy Modeling, Building Analysis

and CommissioningPrincipal in Charge: Pradeep Patel, PEProject Manager:Robert McConnell, AIAKey Consultants/Responsibilities:• Site/Civil – Langan Engineering &

Environmental Services• Audio/Visual/Broadcast/IT –

IGS Company• Food Service – Foodservice

Resources Inc.• Playing Field –

Clough Harbour Associates• Signage & Graphics – Catt Lyon

Design + Wayfinding• Landscape Architecture -

Langan Engineering &Environmental Services

Owner Reference:Mr. John MaraExecutive Vice PresidentNew York Football GiantsThe Timex Performance Center50 State Route 120East Rutherford, NJ 07073201-935-8111

NEW YORK FOOTBALL GIANTSHEADQUARTERS & TRAINING FACILITY | EAST RUTHERFORD, NJ


EwingCole is performing full servicearchitectural and engineeringservices for programming anddesign and documentation todevelop a new stadium for the NFLlocated in Los Angeles, CA. Thedesign of the ±70,000-seat(including 11,000 Club seats and 175Suites) stadium is sympathetic tothe unique topography of the siteand the primary seating bowl will bebuilt into the existing hillside. Bybuilding the Stadium with thelandforms, rather than above theground, construction costs andmaterials needed, especially steel,will be lower relative to otherstadiums of similar size and scope.The shape of the Los AngelesStadium will be an asymmetricalbowl which will provide improvedseat positions and site lines for bothgeneral admission and premiumfans. Stadium amenities will be a mixof indoor amenities; restaurants andclub spaces, organized around aplaza-level atrium featuring both

premium and general admissionclub attractions, and a series ofmulti-level, open-air outdoorconcourses, layered into thelandscaped landform.

The Stadium, including the atriumand associated year-rounddevelopment will anchor nearly 3 million square feet of mixed-usedevelopment (Office Buildings,Retail Shops, Restaurants, LiveTheater, Movie Theater) designed toexpress the Southern Californialifestyle and provide retail andentertainment opportunities forfamilies year round.

The Los Angeles stadium will utilizethe latest in environmentaltechnology to create a new standardfor NFL stadiums. Concepts include:establishing the highest standards inenergy efficiency, setting newrequirements for recycledconstruction materials, and utilizingwater conserving fixtures andrecycled water for all landscaping.

Seating Capacity: 68,000(expandable to 72,000)GSF: 1,750,000Construction Cost: $750,000,000Design Fee (including consultants):

TBDProject Delivery System: TBDMembers of Proposed

Team/Responsibilities:

• Architecture• Interior Design• Structural• Mechanical• Electrical (incl. Sports Lighting)• Plumbing and Fire Protection• Specialty Lighting• Code Compliance• FF&E Selection• Energy Modeling, Building Analysis

and CommissioningPrincipal in Charge: Pradeep Patel, PEProject Manager: Craig Schmitt, RAKey Consultants/Responsibilities:

• Master Plan/Design & ThematicArchitect – Elkus Manfredi

• Site/Civil – Pardue, Cornwell &Associates, Inc.

• Audio/Visual/Broadcast/IT – TBD• Food Service – TBD• Vertical Transportation – TBD• Playing Field – TBD• ADA Consultant – TBD• Signage & Graphics – TBD• Landscape Architecture - TBD• Wind Engineering - TBDOwner Reference:

Mr. Stu ZadraHammes Company22 East Mifflin StreetSuite 800Madison, WI [email protected]

MAJESTIC REALTY CO.LOS ANGELES FOOTBALL STADIUM AT GRAND CROSSING | CITY OF INDUSTRY, CA


PRELIMINARY DESIGN PACKAGE


PRELIMINARY DESIGN PACKAGE Included with our proposal are architectural drawings illustrating our initial ideas and thoughts based on our understanding of the project. It is our belief that good architecture integrates the goals and aspirations of the client and stakeholders with the opportunities provided by the site. The architect brings vision and experience to create spaces and places that respond to the interests of those involved. Most often, the defining architectural gesture or iconic architectural design is a result of the design process, the interchange of ideas and thoughts that are generated in the planning and programming process.

With the drawings included in this proposal we were able to demonstrate some initial design thoughts relative to the program and documents provided with the RFP. The ideas are explored within one concept, among many suitable and appropriate options.

Our overarching design approach is rooted in creating an exciting and fulfilling fan experience. The event-day experience includes all aspects of the facility, from entering the plazas, circulating through the facility and being part of the action, both seeing and being seen. The design of the facility must match that experience, create drama and wonder, and should inspire those that enjoy the facility. Most importantly, the facility must be unique to its time and place, and establish an enduring architectural image for the community.

Stadium Concept

Our initial concept design for the new Minnesota Multipurpose Stadium explores ideas for pedestrian and fan experiences both inside and outside of the facility. The design is intended to create a team and site specific solution, and looks to establish a unique architectural statement for all stakeholders.

The massive structure is positioned on the site to engage the users and passerby’s with architectural devices of transparency, monumentality and sweeping forms, both solid and open, which is designed to inform and delight the community with the activities inside and outside the stadium. As opposed to the typical inward–focused, “object” stadium imposing its functional demands on the City, the EwingCole proposal is designed to interact within its setting. The large roof not only provides enclosure for the facility, it also extends out towards the primary entrance and provides enclosure and weather protection for the plaza. When the roof is fully open, the sliding roof deck rests on the dramatic 130 feet high plaza canopy, allowing those nearby to witness the roof operation. The massiveness of the overhead structure is contrasted with the lightness of the towering, slender, free-standing columns and an expansive glass wall which allows for views both in and out of the facility. Connecting the



stadium to the city with memorable views, the stadium is firmly placed within its context, the City of Minneapolis. Grade level offices, retail, restaurants and other uses further activate the perimeter of the facility throughout the year, not just for event days. For events, the exterior façade is activated with views to stairs, ramps, elevators, open concourses, club spaces and other public spaces.

Seating Bowl

The seating bowl is designed to maximize fan intimacy and strives to place patrons as close to the action as possible. The event level is 18 feet below the main concourse (and street level), and fans enter the 38-row lower level bowl at this mid-bowl level and ascend or descend to the seats. 14 bunker suites are located at midfield along one sideline, and a 40 yard line to 40 yard line club is located at the opposite sideline. Premium amenity program spaces are located below the seating at field level. The first suite level is located above and behind the lower bowl, and extends into the end zone at the west side. These suites would be specially designed to be both bowl focused and outward focused, allowing users to interact with the large atrium space directly behind these suites. Suite level two provides sideline suites. The club level features both general admission seating, at the corners and end zones, and premium seating along the sideline. At the corners and end zones, where suites are not provided below, the club level seating extends down and provides additional seat count for this level. Special terraced seating sections are provided in the end zone to create more unique seating options. The upper deck seating is provided with a split-level design, limiting the total number of upper bowl rows to only 17.

The Roof

The stadium roof structure is supported with a V-shaped super truss, creating a signature roofscape form and roof opening. The giant “V” is anchored with three piers, a single anchor point located outside the stadium at the east end. Two interior piers supporting the “V” truss create a large framing device at one end zone. The piers and the open space between the piers feature terraces and balconies that allow patrons to engage with the cityscape, exterior plaza and atrium activities.

The Atrium

The “break” in the seating geometry created by the “V” structural frame enables the seating bowl to merge with the atrium and exterior plaza. Programmed within the atrium space are vertical circulation elements that animate the space, the major year-round program spaces including the team store, hall of fame and museum and a multilevel open floor decks, usable as social space for all activities anticipated for the facility. Interplay of uses and activities, included within the exterior entry plaza,



atrium and seating bowl all occur under the broad “V” truss structure hovering above.

Scoreboards

The massive roof piers also accommodate generous vertical video scoreboards at one end of the playing field. One horizontal scoreboard is located mid-bowl, within the un-programmed suite levels at the opposite end zone. There are numerous other opportunities for video integration, including within the plaza and atrium as well as the exterior of the structure.

Exterior Architecture

The exterior architectural building form mimics the existing urban grid and is positioned with proximity to the street edges. The street wall is designed to accommodate the building program, while the core of the structure that supports the bowl is positioned within this outer shell. Balconies, glass projections, shadow-boxes and other outward focused building elements on the façade are featured and animate the exterior. The exterior façade is clad in planes of concrete panels, stone, glass and metal. The aesthetic composition and materials aim to establish a modern, contemporary stadium. Simple, honest expressions of the heroic building elements are featured in clean forms and large monumental proportions. Opportunities for theming, lighting and video display are important exterior elements to be explored.

PROJECT DELIVERY


EXPERIENCE WITH FAST TRACK AND PUBLIC / PRIVATE DELIVERY Fast Track Experience Over the past decade, virtually every building project, involving sport or otherwise, has been done on a fast track basis, but that was not always the case. Before the turn of the 21st century, fast track was an unusual delivery method that was typically only being used on large scale, complex projects. EwingCole has been involved in fast track construction for over four decades. From 1970, when we designed and delivered our first thoroughbred race track, the Meadowlands Racetrack in East Rutherford, NJ, until 2000, when the firm won an international design competition to design the Singapore Turf Club in Kranji, we have been involved in fast track projects, involving complex structures on large (250+ acres) sites, all working with Construction Managers. Professional stadia are no different, only the need for fast track is all the more real, since there is only a finite amount of time to build a stadium between seasons. Our most recent experience as the prime Architect and Engineers of Record for two of the nations’ premier sports facilities - the $1 billion (2010), 82,500-seat MetLife Stadium and the $365 million (2004), 43,500-seat Citizens Bank Park – should speak to our ability to manage large teams of designers and consultants, produce large volumes of construction documents, coordinate and deliver multiple, phased bid packages, process thousands of shop drawings, and provide full-time on-site representation to administer the construction, all of which leads to project delivery on-time and on-budget. We pride ourselves on our ability to meet the demands of fast track schedules, on our ability to coordinate the many specialty design consultants involved as well as on our ability to work amicably with Construction Managers and builders. We also pride ourselves on the quality of our construction documents. The more thorough the drawings and specifications, the better able the Construction Manager will be to establish a realistic construction budget. This in turn enables constructive participation by the project stakeholders with respect to timely decisions about project design, scope and budget. The Project Executive for Hunt Construction once remarked that our construction documents for Citizens Bank Park were the best he had ever seen from any other sports Architect. Similarly, the Owner’s Project Manager from Tishman said our 50% construction document progress set for the MetLife Stadium project was one of the most thorough set of documents they had ever seen. The benefits of hiring ONE firm for all architecture and engineering as opposed to a firm teamed with many consultants for basic services may be easily overlooked. It has been our experience that large public assembly buildings such as this require more involved coordination among the engineering disciplines.

PROJECT DELIVERY


With all major disciplines in one firm – structural, electrical, mechanical, plumbing, life safety and fire protection - all basic engineering resources are under one roof. Coordination is almost second nature for our senior engineers and architects who have worked together for years on numerous sports facilities. We offer the Authority the least number of moving components to manage, which enables simple, effective decision-making. Ability to work with Public/Private Sector EwingCole has been doing work for nearly five decades for both public and private clients involving multiple stakeholders in many different markets, not the least of which in our Sports practice. Some examples of our high profile projects include:

Projects

Stakeholders

Citizens Bank Park State of PA, City of Philadelphia, Phillies

MetLife Stadium State of NJ, NY Football Giants, NY Jets

First Energy Stadium City of Reading, State of PA, Reading Phillies

Brighthouse Network Field City of Clearwater, Phillies

Lackawanna County Stadium Lackawanna County, Mandalay Baseball, NY Yankees

Veterans Stadium City of Philadelphia., State of PA, Phillies, Eagles

Kvaerner (Aker) Philadelphia Shipyard State of PA, U.S. Government, Kvaerner ASA (Norway)

Thoughts on Project Delivery Methods EwingCole has experience with all methods of project delivery – traditional Design-Bid-Build, Construction Management (both as Advisor and at Risk), Design-Build and Public/Private Partnership (P3). Our last two professional stadia were each delivered via a different method – Citizens Bank Park was delivered via a CM at Risk arrangement and MetLife Stadium was delivered via a Design-Build arrangement. There are advantages and disadvantages to each delivery method. Ultimately, it is up to the Owner to decide which method is best for them. This decision usually comes down to the Owner’s desire for the control of the design decisions as it relates to budget, and to the Owner’s experience with the construction process. Design-Build Owners select a Design-Build arrangement when they want to work with one contract entity, instead of several contractors and design consultants. The Design-Builder provides comprehensive design and construction services through one point of contract.

PROJECT DELIVERY


Under the Design-Build arrangement, it is vital to the Owner that a very thorough program is developed that covers EVERYTHING. Perhaps the best way to do that is to have at least one comparable ‘benchmark’ facility with descriptions of other specific deviations from the comparable facility that are desired. If the program is not specific, the Owner will get what the Design-Builder elects to provide and what is appropriate in their judgment to comply with the minimum code and design standards. PROS/CONS Drawing on the team’s combined expertise, the Design-Build entity works collaboratively to address the project design and building construction requirements, within the budget and schedule parameters, resulting in less potential for project cost escalation. Also, the Design-Build entity can implement a fast track approach, starting construction before the total design is complete. When the Owner transfers cost/budget control responsibility to the Design-Builder, they must understand that they are giving up design control, and any changes in scope can still add to the budget. Construction Management Under this type of delivery method, the Owner secures the services of a Construction Manager to work with the design team and, depending on the Owner’s needs, with trade contractors and suppliers. This early involvement by the Construction manager with the Owner and design team promotes effective project coordination and communication from the start, creating an environment for success. This type of method can operate under various contract types and fee structures - i.e. Cost Plus, Guaranteed Maximum Price (“at Risk”), Percentage Fee, and Fixed Fee) to meet the Owner’s needs. PROS/CONS The Construction Manager applies its knowledge of construction costs, schedule, and market trends to help ensure the project is executed within the Owner’s fiscal guidelines. The goal is to value engineer the project to find alternative construction methods and materials that will result in quality enhancements, serviceability, and life cycle improvements. The Owner has control over the design process. The Architect is contracted to the Owner. The Owner must be willing to participate to help resolve issues related to design, scope and budget. This method is conducive to delivering a quality project provided the Owner has representatives with experience in construction and professional service delivery and encourages the CM, Architects and stakeholders to monitor the budget verses the design at all phases of the project to minimize cost overruns. A realistic design development contingency and construction contingency should be established for a successful project using this delivery method.

LIABILITY


LIABILITY Please see the attached policies for professional liability insurance as well as general liability, automobile liability, worker’s compensation and excess liability insurance coverage.

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INS025 (201005).01

5/3/2012

Altus Partners, Inc919 Conestoga RoadBuilding 3, Suite 111Rosemont PA 19010

Heather Rohrbach(610)526-9130 (610)526-2021

[email protected]

EwingCole100 North 6th Street

Philadelphia PA 19106-1590

Hartford Fire Insurance Company 19682Hartford Casualty Insurance Co. 29424Wausau Business Insurance Co. 26069

2012-2013 All

AX

X

X Contractual Liability

X

39 UUN UU8742 1/1/2012 1/1/2013

1,000,0001,000,000

10,0001,000,0002,000,0002,000,000

A XXX X

39 UUN UU8742 1/1/2012 1/1/2013

1,000,000

B

X X

39 XHU TT1100 1/1/2012 1/1/2013

15,000,00015,000,000

C WCK-Z51-290632-012 1/1/2012 1/1/2013 X500,000500,000500,000

A Business Personal Prop. 39 UUN UU8742 1/1/2012 1/1/2013 All Risk Policy

Deductible: $5,000

Certificate is issued as evidence of insurance per policy terms, conditions and exclusions. Umbrella/Excess Liability Policy provides excess coverage to the following underlying liability limits once they are exhausted: employer's Liability, automobile, general liability, employee benefits and international liability.

Heather Rohrbach/HKR

For Information Purposes Only

FINANCIAL STATEMENTS


FINANCIAL STATEMENTS EwingCole’s financial statements for 2010, 2011 and June 2012 have been included as a separate confidential document.

APPROACH & METHODOLOGY


PROJECT APPROACH Just as the Metrodome transformed the experience of attending a Vikings game when the team moved from the open-air, suburban Metropolitan Stadium in 1982, this new multi-purpose venue will once again re-invent the fan experience when it opens in 2016. The new stadium will be state-of-the-art, and will be integrated into a larger downtown revitalization project in Minneapolis. Where to Start Large or small, all of our successful projects have one thing in common – they all started with the development or confirmation of a comprehensive program and execution of a thorough site assessment. From those two activities, a critical path design schedule can be developed, concept designs can be explored or refined, and after a preferred concept design is selected, an order of magnitude budget can be developed. For this reason, we believe the first two steps must be given the time and attention they need to properly plan the project development. Step One - Program Development/Confirmation This first step could possibly be the most important step in the design/construction process. It has been our experience that the success of the project from an Owner’s standpoint hinges on a thorough understanding by the design team of the end users’ needs and varying project goals. The program becomes the road map for the development of the project. The more thorough and detailed it is, the better understanding all parties will have from the onset, in turn providing a path for success. While the Preliminary Program contained in the RFP will be a good starting point, there is much work to be done to fully vet that document. The final program will include overall design objectives, initial gross facility areas and space requirements, space relations, statements for flexibility and expandability, notations for special equipment and systems, site requirements, level-of-finish descriptions, engineering system narratives and other related things. It is important that all project stakeholders participate in this initial design process. EwingCole understands the design trends in NFL stadia and will bring our programming and planning expertise to guide the Authority and Team through this process. Project benchmarking is an expected part of this process. The stakeholders will undoubtedly want to research and compare the elements of their new stadium to what they are contemplating. We anticipate there will be benchmarking trips scheduled with the project constituents to tour some of the most recently constructed NFL venues to collect programmatic data and lessons learned. EwingCole maintains a data base of the core stadia programmatic elements and design features to assist in this process. We have



spreadsheets comparing things such as seat counts, seating bowl dimensions, concourse widths, restroom counts, concession POS counts, press facilities, and such to aid in this effort. We also have a number of stadium plans and cross sections to be able to produce drawing overlays to help the project stakeholders visualize the differences. EwingCole will lead benchmarking and programming workshops with all decision makers and constituents to ensure the final program document reflects the desires of all stakeholders. For Step One, we anticipate the involvement of our Project Principal in Charge, Senior Project Manager, Senior S/MEP/FP Engineers, Lead Design Architect/Senior Planner, Civil Engineering Consultant and Representatives from each major Specialty Design Consultant. Step Two – Site Investigation The second step, which is a crucial part of establishing the order of magnitude budget and schedule, will be to investigate or confirm the existing environmental site conditions, existing utility infrastructure and foundations systems. It will be imperative to know if there are any hazardous materials that will need to be properly documented and remediated prior to demolition, as this could have an impact on the project cost and schedule. We will recommend that the Authority hire an Environmental consultant to conduct assessment reports. It is also imperative that any unusual or adverse underground site conditions are known where new work (i.e. overlapping conditions) is planned, as sometimes these unforeseen cost premiums can constrain the total project budget and schedule, or in a worst case, substantially change the design. To that end, we will recommend that the County hire a Civil Surveyor to confirm the as-built condition and capacity of the existing utilities to be sure they will be adequate for the new stadium development. Equally important during Step Two is establishing the regulatory approvals process, as it relates to the land development, and the anticipated duration of those approvals. Sometimes the timeline for approvals becomes the critical path which drives the design and construction schedule. Ideally, we will team with a local Civil Engineering firm that has experience working in the city and is familiar with the local regulatory approval processes. Having this local knowledge will go a long way toward streamlining the sometimes lengthy land development approvals process. For Step Two, we anticipate the involvement of our Project Principal in Charge, Senior Project Manager, Sr. S/MEP Engineers, and Civil Engineering Consultant. This step would also involve a Surveyor, Geotechnical Engineering Consultant and Environmental Engineering Consultant, all of whom would be under direct contract to Ownership. The Senior Architect/Designer/Planner will not be actively involved in this step, but will be appraised of the findings, as will our QA/QC Constructability/Budget Coordinator.



Concept Design

Once the Program is complete, and while the site assessment activities are ongoing, we will begin development/refinement of Concept Plans with the involvement of the Authority and the Team. During this phase we will also begin the conceptual engineering process by reviewing all pertinent site utility information, calculating estimated utility loads for the intended use, and talking to representatives from the local utility providers, as needed. We will prepare the final Concept Design documents for presentation to the Authority and other project stakeholders for their approval. For the Concept Design Phase, we anticipate the involvement of the Project Principal in Charge, Senior Project Manager, Senior Architect/ Designer/Planner, Project Architects, M/E/P/ engineers and Civil Engineering Consultant. Order-of-Magnitude Probable Budget Estimate After steps 1 and 2 are complete, and after approval of the Concept design, we will prepare a Conceptual Pricing Package for the Construction Manager’s pre-construction team to develop an order-of-magnitude budget estimate. We will assist the CM to identify the major elements of cost including allowances for non-construction related elements. The more accurate the budget estimate is the better informed the Owner and design team can be when making important decisions as it relates to scope and quality in the design phases that follow. At the conclusion of each phase of design, we will prepare an updated pricing package with a level of detail commensurate with the stage of design. For development of the Order-of-Magnitude Budget Estimate, we anticipate the involvement of the core A/E design team leaders including the Specialty Consultants working in conjunction with the Construction Manager. Remaining Phases – Schematic Design/Design Development/Construction Documents/Bidding & Award and Construction Administration Phases Upon completion of the Concept design and approval of the order of magnitude budget estimate, we will complete the conventional scope of services from Schematic Design through Construction Administration. The following paragraphs highlight some of the important steps during these design phases. Life Safety/Code Analysis - As early as possible in the Schematic Design Phase, we will perform a life safety analysis and code review of the chosen scheme, and then schedule a face-to-face, preliminary code review meeting with the local code officials. It has been our experience that early and often dialogue with the local code officials will help expedite the regulatory review process, both in obtaining a building permit as well as



getting a final occupancy permit. Our life safety engineer and building code expert, Roger Rudy, will lead this effort. With the timeline of all regulatory approvals established, we will prioritize development of the documents in a phased approach to expedite early submissions as required to meet the established construction schedule. Value Management - Value Engineering, or as we call it, Value Management, strives to match quality with user requirements and budgets. Unfortunately the term “value engineering” has often become synonymous with reducing the quality of construction to reduce savings. True value management involves alternative methods that are less expensive to build to achieve the same result, consistent with the original design intent. EwingCole routinely executes a Value Management approach during the design stages of a project as a part of our integrated design approach. All criteria, systems and primary materials being considered undergo analysis to assure that they are the most appropriate choice within the context of the project site, the prevailing market conditions, the schedule and budget. If done thoroughly, there should be no need for value engineering post-bid. Whether the project delivery method is via a Construction Manager or a Design-Build arrangement, we are used to involving the builder in the design process. We welcome their suggestions for cost effective decision making as it relates to systems and materials. Quality Control and Quality Assurance - EwingCole has a national reputation among contractors for the quality and thoroughness of our construction documents. QC/QA is an on-going process during the design phases. At the completion of each phase of construction documentation, and prior to release for bidding or construction, we will perform an in-house QC/QA audit - a comprehensive checking and coordination process undertaken by in-house ‘third-party’ architects and engineers. Bidding and Award Phase – Seldom are projects delivered anymore via a Design-Build-Bid approach with a single, prime General Contractor. More typical these days, Owners demand fast-track delivery methods involving Construction Managers and the execution of multiple bid packages. For this reason, it is crucial that the builder (CM) understands our construction documents to avoid potential gaps in the scope of work. We advocate our assistance to the builder in preparation of bid packages by reviewing their bid scope and front end documents. We will also offer to review the builder’s bid tabulations, attend post-bid, de-scope meetings, and assist the builder with award recommendations. Construction Administration Phase - During construction, EwingCole will perform the conventional construction administration services such as responding to construction RFI’s, reviewing shop drawings, and periodically reviewing the work in place to verify conformance with the contract documents and codes. We will also assist the Owner in reviewing and processing the builder’s monthly pay applications and change order requests. We will also provide full-time site representation during



construction, as requested in Exhibit ‘D’ - Scope of A/E Design Services contained in the RFP. We understand that prompt review and turn-around of shop drawings is crucial to maintaining the schedule, and not just for fast track projects. As such, we prefer to work with the builder from the onset to develop an efficient process and schedule for shop drawing review. EwingCole has a dedicated Shop Drawing Department which is structured to provide organized and efficient handling of all project submittals. Our shop drawing department utilizes a state-of-the-art software program to receive, review, return and track all shop drawings and other construction phase communications, (i.e. RFI’s and bulletins) which expedites the turnaround time for these time sensitive documents. Project Closeout - Upon substantial completion, we will work with the Owner and builder in project close-out procedures by assisting the builder in reviewing the completed work and by developing the final punchlist. We will also provide oversight of the building commissioning activities and assist in scheduling systems training for the building engineering staff. As a final task, we will provide the Owner with a set of record drawings (not as-builts) - both hard copies and electronic files on disk. Advantages of Multi-Discipline Delivery - While the decision about the construction delivery method has yet to be decided, EwingCole’s ability to provide one-stop shopping for all A/E/I/P services, and our multi-discipline approach to project delivery, allows the firm to be particularly responsive to fast track delivery schedules, where the work and information flow between disciplines must be even more carefully planned and coordinated, especially for large, complex projects such as this. Having all disciplines under one roof enables complete control and oversight of all major building components to implement fast track schedules that often require out-of-sequence work and advancement of design decisions in order to develop early bid packages. Track Record Budget Control and Working with CM We have extensive experience working under all types of construction delivery methods, including construction managers, on many different projects of varied complexity and construction budget. We believe in creativity and flexibility not only during the design process, but also during the construction phase, working as team members with CMs and other stakeholders exercising discipline to the budget. It is never easy, but cost control is essential toward the common goal of delivering a project on budget.



A few examples of our successes working collaboratively with the builder toward project cost control are as follows:

Date

Project

Initial Project Budget ($)

Final GMP ($)

1991-1997 Veterans Stadium – Phase I 60 Million 57 Million

1998-2000 Veterans Stadium – Phase II 20 Million 18 Million

2000-2004 Citizens Bank Park 385 Million 365 Million

2005-2010 MetLife Stadium 1 Billion Base Project w/i Budget

2009 Citizens Bank Park Renovations 3.7 Million 3.2 Million

2009 Lackawanna – Phase I Renovations 150,000 133,000

2009 Lackawanna – Phase II Renovations 3.2 Million 2.5 Million

2010 Citizens Bank Park Renovations 2.0 Million 1.85 Million

2010 Reading Phillies 10 Million 9.5 Million

TAB 10

2011 BILLED DESIGN FEES


2011 Total Design Fees $63,500,000 Percentage Related to Professional Sports 10%

TAB 11

WORKLOAD


WORKLOAD EwingCole has the depth of qualified personnel in each discipline and all other resources necessary to complete the work for this contract in a quality manner in the required time. EwingCole has repeatedly demonstrated its capabilities in similar contracts both in the public and private sectors. The workload chart below confirms the available capacity to accommodate the priorities for this contract:

TAB 12

FIRM OWNERSHIP


FIRM ORGANIZATION EwingCole is an ‘S’ Corporation with a six year term limit for the firm’s primary officers. Elected to these leadership roles by their peers, new leaders bring fresh insights and innovations derived from the firm’s practice to inform the management and direction of the firm. After six years, these leaders return to the design and execution of building projects, bringing their experience in business management to the delivery of projects. Our philosophy is one of broad ownership, which we believe to be the key to promoting staff tenure, and continuity of the firm’s purpose and vision. Of over 325 professionals, 44 of our architects, engineers and designers are shareholders, all of whom work directly with clients on projects. This structure of rotating firm leadership, started by Alec Ewing and Stan Cole, provides clients with hands-on leadership by seasoned partners, and assures the firm of long-term stability.

The executive transition cycle, initiated every six years, opens stimulating new growth opportunities throughout the firm, and enables our professionals to better appreciate our clients’ management objectives. Shareholders Christopher P. Brown, P.E. Patrick M. Brunner, R.A. John L. Capelli, AIA John F. Chase, AIA Donald H. Dissinger, AIA M. Glenna Dugan, AIA Richard A. Esslinger, P.E. Keith G. Fallon, AIA Peter E. Franke, P.E. John C. Gerbner, AIA S. Mark Hebden, AIA Jeffrey T. Hirsch, AIA J. Andrew Jarvis, AIA Eric D. Joesten, P.E. Don M. Jones, AIA Joseph T. Kelly Daniel P. Kolowitz, P.E. Jared J. Loos, P.E. Robert A. McConnell, AIA William R. McCullough, AIA Natalie C. Miovski, AIA Ted J. Przybylowski, Jr., R.A. Craig J. Schmitt, AIA

Howard S. Skoke, AIA Lynda A. Todd James A. Wilson, AIA James A. Wolters, AIA Peter J. Welsh, P.E Associate Shareholders Mary Alcaraz, P.E. Perseus D. Deputy, AIA Jason Fierko, P.E. Mary Frazier, AIA Richard G. Garman, P.E. Robert G. Ghisu, P.E. David J. Gordon, P.E. Daniel Gulbins, AIA William C. Jarema, P.E. Gayle S. Lane Michael J. Lehman, AIA J. Gary Lockman, AIA Charles Rudalavage, AIA Roger B. Rudy, P.E. Aitor I. Sanchez, P.E. Gregory A. Weimholt, P.E.

TAB 13

FIRM ORGANIZATION


LOCATIONS Irvine, CA Discovery Business Center 15231 Laguna Canyon Road, Suite 200 Irvine, CA 92618 New York, NY 14 Penn Plaza New York, NY 10122

Philadelphia, PA Federal Reserve Bank Building 100 N. 6th Street Philadelphia, PA 19106-1590 Washington, DC 1025 Connecticut Avenue, NW Suite 900 Washington, DC 20036-5405

STAFF BREAKDOWN

Our personnel resources include the following:

CLASSIFICATION NO. OF EMPLOYEES

Administrative / IT / Accounting 42 Architect 94 A/E Design Support 47 Cost Engineer/Estimator 3 Electrical Engineer 24 Architectural Planners 10 Fire Protection Engineer 6 Interior Designer 18 Mechanical Engineer 28 Project Manager 21 Plumbing Engineer 12 Structural Engineer 20 Total 325

SPORTS PRACTICE EwingCole’s Sports Practice makes up 25% of the firm’s total employees. AFFIRMATIVE ACTION PLANS Our firm has put in place an Affirmative Action Plan under Executive Order No. 11246, as well as an Affirmative Action Plan for Persons with Handicaps, Vietnam Era Veterans, and Special Disabled Veterans. These are available for review during normal work hours (8:00am-5:00pm) at our Philadelphia office. EQUAL OPPORTUNITY POLICY EwingCole is an equal opportunity employer and will provide equal employment opportunity to all qualified persons and does not discriminate on the basis of race, color, national origin, religion, sex, sexual preference, age, handicap, disability or Vietnam veteran status. EwingCole will apply every good faith effort so applicants are recruited and hired and that employees are treated during employment without regard to their race, color, national origin, religion, sex, sexual preference, age, handicap, disability or veteran status. Equal opportunity and equal consideration is

FIRM ORGANIZATION


afforded to all applicants and employees in personnel actions which include recruiting and hiring, selection for training, promotion, rates of pay and other compensation, transfer and layoff or termination. EwingCole reaffirms its continued commitment to a program of equal opportunity and merit employment practices. Promotions and advancements are on the basis of merit, with equal opportunity to every employee to obtain appropriate level position for which he or she is qualified. Every effort is made to achieve employment and utilization of the capabilities and productivity of all our employees. All Management personnel and others in a position to implement this policy, including those engaged in recruiting, training and other personnel activities, are cognizant of this policy and are of aware of their responsibilities to implement its terms. In furtherance to this Equal Opportunity Policy, an Affirmative Action Plan has been developed and all employees and applicants for employment have been invited to review it and become aware of its benefits. HIRING PROCESS FOR MINORITIES AND WOMEN EwingCole proactively recruits minorities and women when recruiting for open positions within our organization. This includes job listings with minority and women employment organizations in the cities where our offices reside. Management regularly monitors its minority and women employees relative to the available pool of minority and women professionals in our market area. The goal is to equal or exceed the minority and women availability percentages in the workplace. TARGETED GROUP BUSINESS PARTICIPATION

EwingCole has had a long-standing policy to proactively encourage minority and women owned business participation on our projects.

For this project, we understand that the Team and the Authority require that Targeted Group Businesses will also be utilized in the design of the Stadium and Stadium Infrastructure.

Just as we have on other stadium projects, we plan to reach out to firms in the local marketplace who are capable of providing architectural, engineering and other consulting design services to support our effort during the design phases as well as construction administration phase of the new Multipurpose Stadium.

• We plan to take the following steps: • Obtain a directory of Targeted Group Businesses defined by the State of

Minnesota, Department of Administration • Identify Architectural, Engineering and consulting firms to interview • Review the list with SDC Group • Interview shortlisted firms

FIRM ORGANIZATION


• Develop a scope of work for the shortlisted firms to provide architectural or engineering services to support our overall effort

• Review final scope and fee allocation with SDC Group prior to contracting with those selected firms.

As the lead A/E firm for Citizens Bank Park, we met the project stakeholder’s participation goals by following similar efforts to those described above. We developed a scope of work based on the level of support staff they could provide, and once selected, the firms were part of our design team throughout the project.

The Authority and the Team can count on us to make a good faith effort to comply with the goals for this project.

TAB 14

SPORTS PRACTICE PHILOSOPHY


DESIGN PHILOSOPHY EwingCole is a leader in designing landmark destinations. We fundamentally believe that the design of the built environment profoundly influences its users. That is why we have always strived to create sports and hospitality spaces that captivate people – we believe our design enhances the entertainment experience. Successful sports facilities combine the event with recreation and relaxation. From specialty food stands to themed restaurants, Hall of Fame type attractions to sports bars, hospitality suites to Club lounges, the goal is to maximize revenue by increasing patron length of stay and repeat visitation while enhancing the overall guest experience. Design Philosophy Drawing on the depth of our experience on the international stage, we invest in researching each project before beginning to conceptualize a design; understanding that great design is inspired through careful and thoughtful preparation. EwingCole approaches each project as a unique opportunity with three overarching goals: 1. Understanding the Unique Business Goals of our Client:

Every client expects something different from their investment. Our foremost goal is to understand the business goals of the client. Profit, prestige and guest experience are all components integral to the success of the project.

2. Creating thought-provoking, yet functional designs: Every operator requires a facility that can meet the demands of the Owner’s business plan. The facility must be functional, energy efficient and able to be serviced at all levels.

3. Exceeding Guest Expectations: The single most critical component is guest experience. When expectations are exceeded for the price paid, guests feel they have received value. Value translates to brand loyalty. Loyalty translates to increased sales. Increased sales translates into increased team revenue. Increased revenue enables teams to buy/train better talent, and so the cycle goes.

Our design process is grounded in the fundamental belief that great design is the result of a rational thinking process, discovery and client collaboration. There exists no asset more valuable than imagination tempered by experience. We will approach your project with the same level of creativity and quality of service that we give all of our clients, 80% of whom are repeat customers. • We will listen. • We will ask questions. • We will share our knowledge. • We will offer our insight. • We will share our experience. • We will be creative. • We will delight our client.

“EwingCole has always

demonstrated exceptional

creativity in outlining our

construction goals and a fierce

discipline in delivering projects on

time and on budget. In addition,

EwingCole’s accomplished

personnel have handled the day-

to-day challenges of project

delivery in a professional,

effective, and pleasant manner.

We recommend Ewing Cole for

their expertise, leadership, and

enthusiasm.”

President and CEO Philadelphia Phillies

“EwingCole planned, designed

and delivered the original

Meadowlands Sports complex in

the early 70s, including the Giants

Stadium concept and the

Meadowlands Racetrack. We took

comfort in knowing that

EwingCole with its extensive

experience was part of the design-

build team and would play a

significant role in delivering this

huge project.

We were very impressed with EwingCole’s professionalism, their

dedication and their vision of what a modern day NFL facility

should look like.”

John Mara President and CEO NY Football Giants

TAB 15

DESIGN DOCUMENTATION TECHNOLOGY


EwingCole utilizes BIM to streamline communications both inside and outside of our firm, thereby reducing costs and increasing efficiency while delivering a high level of design with increased client input. Creative use of BIM technologies leads to efficient ways to rapidly communicate design ideas.

EwingCole regularly participates in the AIA Large Firm Roundtable and the AECIS Roundtable meetings, where technology leaders from the largest A/E firms across the nation are invited to share and compare information related to business industry trends. As a member of the Technology Committee of the AIA roundtable, EwingCole can confirm its position at the forefront of the integration of BIM technology into project delivery. EwingCole is currently utilizing the latest version of: • Autodesk Revit Architecture

Suite 2012 • Autodesk Revit Structural

Suite 2012 • Autodesk Revit MEP Suite

2012

• Navisworks 2012 • MicroStation XM 2008 • RAM Structural • SketchUp 8 • Trelligence Affinity • 3DS Max 2013

All of these platforms are IFC version 2x-3 compliant. EwingCole is also utilizing the TriForma suite of modeling tools as part of providing MicroStation document deliverables in accordance with Architect of the Capitol standards for a $20 million IDQ Contract and a second $20 million National IDQ Contract with the Social Security Administration. EwingCole has commited to utilizing Autodesk’s Revit family of software to accomodate requests for BIM deliverables. This approach allows us to provide a services that results in precoordinated drawings, enhanced collaboration and a model that can be used in the construction process as well as for facilities management. EwingCole also uses a variety of Project Information Management (PIM) tools to streamline project execution and support web-based project team file exchange and collaboration. These applications include: • Newforma Project Center • Microsoft SharePoint • CentricProject



Before beginning any project in BIM, each team member must commit to delivering this project using BIM technology to evaluate and analyze design constructability of the building while providing exceptional design services to our client. EwingCole expands individual responsibilities by including a BIM Model Manager and a Visualization Technology Manager. The BIM Model Manager is responsible for understanding all inter-related aspects of the BIM model. Their role is to validate the model during each phase for level of detail, build Revit families, coordinate content between disciplines, enforce standards, and continue to participate in design review meetings. This includes continual meetings with our structural and MEP engineers for model coordination. The Visualization Technology Manager works directly with the BIM Model Manager and the designers to develop and maintain a web-hosted 3D model for client review and collaboration. The Technology Manager creates a custom application to translate in real-time the Revit model, while coordinating design decisions such as finishes, furnishing, and interior detailing on a regular basis. Our visualization technology group embraces the opportunity to expand what BIM means to our firm. Often times, we use cutting-edge video game technology to meet the demands challenging projects. Design concepts created in EwngCole’s BIM software can be updated in real-time to a web-based version of the building. The building, its surroundings and interiors are then made available to the client and representatives via the internet. This provides our clients the opportunity to review the design almost anywhere and anytime. Using simple videogame style controls and interface, they are able to explore the building in its entirety by navigating through the spaces in an avatar like fashion or by using preset views focused on specific areas. This virtual model can not only include the core and shell developed in our BIM software, but also all interior design. Finishes, furnishing, lighting and artwork can be added to the model providing a level of detail and feedback no off-the-shelf software is providing. Natural and artificial light, reflections, flowing water and media screens can also be simulated in the visualization. Until a few years ago this level of detail would need to be created as pre-rendered 3D stills or animation. These traditional methods require much more time for feedback. When all major engineering is performed in-house, we can facilitate real time collaboration of the model. In addition, an internal “cloud” can be created to allow the team members to work on the Revit model by using the computing power of our central server and some very high end processors instead of their desktop computers. The desktop computers are used as terminals only and allow team members to work more efficiently as the model grew in complexity.



A SharePoint project portal can then be created to facilitate the exchange of model files to specialty consultants as well as the Construction Manager (CM). At an early stage, the CM is given the structural and architectural models to begin modeling the sheeting and shoring and review phasing and construction sequencing. Subsequent versions of the model can then be used by the CM to facilitate coordination of trades. Subcontractors can model the MEP distribution during the shop drawing process using the AE model as a background. The CM can use Navisworks in addition to some shop specific software to facilitate coordination and clash detection.

TAB 16

DISPUTE RESOLUTION


DISPUTE RESOLUTION Our practices and process in minimizing and dealing with disputes. EwingCole recognizes that the Owner, the Architect, the Construction Manager, the Contractor and its subcontractors working on a complex project are all under pressure to deliver a quality project, on time and within budget. This sometimes leads to potential disputes. EwingCole believes in being proactive when it comes to dispute resolution. We require our Project Managers to review major issues or awareness of disputes with firm management and our Risk Manager on regular basis. Our project principals practice proactive approach to understand the background of the disputes and try to resolve the matter by open communication with the client. Our usual process is to first see if the dispute can be resolved by the senior field representatives. Most of the time, once all involved parties sit down to learn the facts, the dispute can be quickly and amicably resolved. If the senior field representatives are unable to resolve the dispute, we then recommend a gathering of the senior Project Managers of all parties, after they each have been briefed by their senior field men. With the internal counsel of their firms’ respective Risk Manager’s, the Project Managers bring more experience to bear, are fair, and usually are looking for a way to resolve the dispute. In Ewing Cole’s experience, virtually all disputes are settled at this level, especially when the stakeholders participate in regularly scheduled Project Managers’ meetings. EwingCole has a long established QA/QC process which involves strict quality control procedures for checking the quality and completeness of not only Ewing Cole’s drawings and specifications, but also checking the drawings of its subcontractors, and all shop drawings submitted in the course of the Project. This approach has produced positive results to minimize discrepancies and reducing disputes. In spite of our best efforts, disputes will happen and the best approach is to resolve it by clear communication and objectivity so that it does not lead to a claim.

TAB 17

SUSTAINABLE DESIGN


As architects, engineers and interior designers specializing in healthcare design, we believe we have a responsibility to specify materials and products whose manufacture does not create environmental health hazards.

LEED EXPERIENCE

EwingCole has developed a master specification for all our buildingsthat incorporates green (renewable and non-polluting) products and materials where appropriate. We are a leader in green building design, ranked by Engineering News Record as one of the top 25 green building design firms in the United States. We look at every project and its unique set of opportunities to provide a facility that has a lighter footprint on our natural environment. We take this responsibility very seriously. With more than 68 LEED Accredited Professionals, EwingCole’s green-focused QA/QC process has resulted in New York State’s first Historic- and LEED-Certified project, a pilot project for the LEED CI initiative, and more than one dozen current projects capable of exceeding minimum LEED requirements. EwingCole’s current LEED projects are listed here. LEED Certifications Awarded

• Hamilton College, Skenandoa House, Clinton, NY, LEED NC Silver, 2005

• SCA Americas, Cira Centre Headquarters, Philadelphia, PA, LEED CI Gold, 2006

• Geisinger Health System, Henry Hood Center for Health Research, Danville, PA, LEED NC Silver, 2007

• Cira Centre, Hub Meeting and Event Center, Philadelphia, PA, LEED CI Silver, 2007

• Geisinger Health System, Gray’s Woods, State College, PA, LEED NC Gold, 2008

• EwingCole, Philadelphia Office, Philadelphia, PA, LEED CI Gold, 2008 • AtlantiCare Health, Oncology Center, Egg Harbor Township, NJ, LEED NC

Gold, 2009 • City of Hope, Amini Transfusion Medical Center, Duarte, CA, LEED NC

Silver, 2009 • Hamilton College, Kirner Johnson Building, Clinton, NY, LEED NC Gold,

2009 • Brooklyn Museum, Renewal Program, Brooklyn, NY, LEED NC Silver, 2010 • NASA, Exploration Sciences Building, Greenbelt, MD, LEED NC Gold, 2010 • Geisinger Health System, Hospital for Advanced Medicine, Danville, PA,

LEED NC Gold, 2011. • City of Hope National Medical Center, Gonda Expansion, Duarte, CA, LEED

NC Silver, 2011. • City of Hope National Medical Center, Gonda 4th Floor Fitout, Duarte, CA,

LEED CI Silver 2012.

Geisinger Health System, Center for Health Research Danville, PA – A LEED Silver Certified Building

Geisinger Health System, Grays Woods Ambulatory Campus, State College, PA – A LEED Gold Certified Building

SUSTAINABLE DESIGN


LEED Registered Projects - Under Construction

• US Military Academy, Post-Secondary School, West Point, NY (tracking toward LEED NC Gold)

• Smithsonian Institution, Pod 3 Renovation, Suitland, MD, (tracking toward LEED NC Silver)

• North Shore LIJ Health System, Monter Cancer Center, Lake Success, NY (tracking toward LEED NC Silver)

• USACE Philadelphia, Dover Fitness Center, Dover, DE (tracking toward Certification)

• USACE Louisville, Gardner Hills Elementary School, Fort Campbell, KY (tracking toward Certification)

• USACE Louisville, Ft. Campbell Firing Range, Fort Campbell, KY (tracking toward Silver)

• NAVFAC Mid-Atlantic, Submarine School, New London, CT (tracking toward Silver)

• USACE Baltimore, Non-Medical Chemical Biological Defense Facility, Aberdeen Proving Ground, MD (tracking toward Certification)

• NAVFAC, Mid-Atlantic, Human Resources Service Center Northeast Philadelphia, PA (tracking toward Silver)

• Smithsonian Institution, Mathias Lab Renovation, Edgewater, MD (tracking toward LEED-NC Gold)

• Smithsonian Institution, National Museum of Natural History, HVAC Renovations Northwest Ground Floor Main Building – The Learning Center (Tracking LEED-CI Silver) United Therapeutics, Headquarters Facility, Silver Spring, MD (tracking toward LEED Silver)Anne Arundel Community College, Andrew Truxal Library Renovation and Expansion, Arnold, MD (LEED Registered, tracking toward LEED NC Gold)

• St. Francis Hospital, Roslyn NY- Emergency Department Renovation/ Addition (Tracking LEED NC Certified)

• First Judicial District of Pennsylvania, Philadelphia Family Court Building, Philadelphia, PA (tracking toward LEED NC Silver)

• Princeton Theological Seminary, West Windsor Student Housing, Princeton, NJ (Tracking LEED NC Gold)

• Princeton Theological Seminary, Bicentennial Library, Princeton, NJ (tracking LEED NC Silver)

• North Shore LIJ Health Systems, Renovation of 8th and 9th Floors Replacement Bed Tower, Queens, NY (tracking towards LEED CI Gold)

• Fox Chase Cancer Center, Comparative Medical Research, Philadelphia, PA (designing to LEED Silver)

LEED Registered Projects - Design Phase

• Department of Energy, Jefferson Labs, Newport News, VA (tracking toward Gold)

• American Red Cross Edwardsville BPC & NTL Facility, Edwardsville, IL (tracking toward Silver)

• SUNY Stony Brook University, Old Chemistry Building Renovation, Stony Brook, NY (tracking toward Silver)

SUSTAINABLE DESIGN


• AtlantiCare Health, Satellite Health Center, Hammonton, NJ (tracking toward Silver)

• NAVFAC Mid-Atlantic, Portsmouth Naval Shipyard Sheetmetal Shop Renovation (tracking toward Silver)

• NAVFAC Mid-Atlantic, Portsmouth Naval Shipyard Forge Shop Renovation (tracking toward Silver)

• Smithsonian Institution, National Museum of American History, Public Space Renewal Project, West Wing, Package III (Tracking LEED-CI Silver)

• Smithsonian Institution, Museum Support Center, Phase 2 Lab Renovations, Suitland MD (Tracking LEED-CI Silver)

• Hanscom AFB Middle School, USACE, completion Aug 2013 (tracking LEED for Schools Gold)

• Memorial Sloan-Kettering Cancer Center, Regional Cancer Center, Harrison, NY (tracking toward LEED CI Silver)

• Cedars-Sinai Medical Center, Biorepository and Translational Core Facility, Los Angeles, CA (tracking toward Silver)

• Sanofi Pasteur, QC Lab, Swiftwater, PA (certification goal to be determined)

• East Stroudsburg University, New Information Commons, East Stroudsburg PA (tracking toward LEED Silver)

• NSLIJ Surgical Oncology and Gynecological Oncology, Lake Success, NY (both tracking toward LEED CI Silver)

• NSLIJ Brain Tumor Institute, Lake Success, NY (tracking toward LEED CI Silver)

• SUNY Upstate Medical University, Ambulatory Cancer Center, Syracuse, NY (designing to LEED Silver)

EwingCole Projects Using Other Sustainability Standards

• NAVFAC Washington, Building 33 Quadrangle, Washington Navy Yard, Washington, DC. (designed in consultation with the Rocky Mountain Institute in 1998; preceded the establishment of the LEED standards)

• NY Football Giants / NY Jets, New Meadowlands Stadium, East Rutherford, NJ. (designed, constructed and to be managed under an MOU with the United States Environmental Protection Agency)

• Drexel University, Recreation Center, Philadelphia, PA. EwingCole and Sasaki Associates. (designed to Green Globes Standard, 2 Globes)

TAB 18

**

**

**

*

*

**

*

**

*

*

**

*

*

**

****

****

**

**

**

****

****

TAB 19

TAB 20

TAB 21

LITIGATION HISTORY


LITIGATION HISTORY EwingCole have no claims in conjunction with our work over the last five years and do not have any current litigation in relation to our professional services. Additionally, our professional liability insurance carrier, AEIC, has recognized EwingCole as a leader in quality assurance procedures and implementation.

TAB 22

EXCEPTIONS AND CLARIFICATIONS



Clarifications to our Proposal

• Our proposed fee in Exhibit ‘F’ (Tab 18) does not include the cost for a project specific errors and omission insurance policy. In our experience, this policy is normally paid for by the Owner. Regardless, at this early stage, we would be unable to get a quote for such a policy until all design and construction team members are selected.

• Our proposed fee in Exhibit ‘F’ (Tab 18) is based on our understanding that the Project Site, as defined in Exhibit ‘B’ of the RFP, is the approximate 71 acre area bounded by Park Ave. on the west, 3rd Street on the north, 11th Avenue on the east and 6th Street on the south, and identified as “Stadium Authority Area” on Exhibit ‘B-1’.

• We assume that property consolidation, subdivision, platting and registration of land will be performed by others under direct contract with the Authority.

• We assume that existing Hiawatha LRT station, platforms and track

will not be modified as part of this project. Improvements for queuing and accessing the station are included.

• We understand that design services associated with the demolition of the existing stadium (and any other structures) will be performed by others, as was clarified in the pre-proposal meeting on August 27, 2012.

• We assume that there is no need for a “process and wastewater treatment” facility as part of this project as is listed on page 7 of Exhibit ‘D’ – A/E Scope of Design Services. We have not included fee for such in our proposed fee.

• We understand that you intend to issue a revised design services agreement shortly. Please note that we respectfully reserve our right to review and modify our fee proposal if effected by the terms of the latest agreement.

Comments to Exhibit ‘C’ – draft A/E Design Services Agreement

The following is a list of comments we have with respect to Exhibit ‘C’ – draft A/E Design Services Agreement. Please note that these proposed edits have been indicated in the ‘blackline’ version of the Agreement contained in Tab 23.

EwingCole LLP has the following six (6) comments to the draft Agreement for Architectural Services between Metropolitan Sports Facilities Commission and the Architect.



As a housekeeping item, EwingCole respectfully suggests that the first two paragraphs of Paragraph IV “Scope and Description of Services” on page 6 be deleted, as the legislation has now been enacted.

1. On page 23 delete paragraph “B. Savings Incentive.”

2. On page 28, in paragraph “X. Indemnification” delete “Construction Manger” in 2nd line of 1st paragraph, 2nd line of 2nd paragraph, and 2nd line of 3rd paragraph. On page 26, in paragraph VIII Sub-consultants, in 4th paragraph, delete “Construction Manager.”

3. On page 29, under “Insurance,” in the 3rd paragraph, if the Owner wants a $10 Million project policy, over and above the Architect’s $10 Million practice policy, for a period of 6 years, the Owner should pay the premium cost as a reimbursable expense.

4. On page 18, under paragraph C “Subconsultants and Owner’s Consultants” it provides that “the Owner shall not be responsible for the accuracy, sufficiency or completeness of any information provided by Owner’s consultants…” If the Owner is not responsible for its consultants, who is? These consultants provide geotechnical, testing, traffic, environmental and survey information, that the Architect is entitled to rely upon. The Owner should be legally responsible for his consultants, and he can protect himself with insurance.

5. On page 25, under “Paragraph VII Owner’s and Construction Manager’s Participation,” there is a term missing in the Agreement. The Agreement should provide that the Construction Manager is responsible for the accuracy and completeness of the Construction Budget and the Estimate of Construction Cost.

6. In Exhibit L, the “Dispute Resolution Procedures,” the Owner is given a choice of selecting either binding arbitration or litigation. The Architect is not given a choice. The Architect prefers litigation.

TAB 23

MSFC Draft - July 3, 2008 THIS IS A REFERENCE DOCUMENT WHICH IS THE BASIS OF FURTHER DEVELOPMENT BY THE AUTHORITY AND TEAM FOR AN ADDENDUM TO THE ARCHITECTURAL SERVICES RFP.

AUGUST 14, 2012

AGREEMENT FOR ARCHITECTURAL SERVICES

between

METROPOLITAN SPORTS FACILITIES COMMISSION

and

[ARCHITECT]

Dated: , 2008

MSFC Draft - July 3, 2008

TABLE OF CONTENTS I. II. III.

A

DESCRIPTION OF PROJECT............................................................................... 1 DEFINITIONS........................................................................................................ 1 ARCHITECT’S RESPONSIBILITIES .................................................................. 5 PROFESSIONAL SERVICES ............................................................................... 5

IV. V.

VI.

VII.

VIII.

IX.

B. C.

A. B. C. D. E. F. G. H. I.

A.

A. B. C. D. E.

A. B.

A. B.

REPRESENTATIVE .............................................................................................. 6 AVOIDANCE OF APPEARANCE OF COMPROMISE OF JUDGMENT ......... 6 SCOPE AND DESCRIPTION OF SERVICES ..................................................... 6 SCOPE OF SERVICES .......................................................................................... 6 ARCHITECT’S BASIC SERVICES ...................................................................... 7 SUBCONSULTANTS AND OWNER’S CONSULTANTS ............................... 17 ADDITIONAL SERVICES.................................................................................. 18 QUALIFICATIONS AND STAFFING ............................................................... 19 PERFORMANCE OF SERVICES AND STANDARD OF CARE ..................... 20 AMENDMENT OF AGREEMENT ..................................................................... 20 TIME OF PERFORMANCE ................................................................................ 20 AUTHORITY ....................................................................................................... 21 CONSTRUCTION COST .................................................................................... 21 RESPONSIBILITY FOR CONSTRUCTION COST........................................... 21 COMPENSATION ............................................................................................... 22 BASIC SERVICES ............................................................................................... 22 SAVINGS INCENTIVE ....................................................................................... 23 ADDITIONAL SERVICES.................................................................................. 23 EXPENSES........................................................................................................... 24 PAYMENTS ......................................................................................................... 25 OWNER’S AND CONSTRUCTION MANAGER’S PARTICIPATION ........... 25 GENERAL ............................................................................................................ 25 REPRESENTATIVES .......................................................................................... 25 SUBCONSULTANTS .......................................................................................... 26 SELECTION AND RETENTION OF SUBCONSULTANTS ............................ 26 COMPENSATION OF SUBCONSULTANTS ................................................... 27 OWNERSHIP OF DOCUMENTS ....................................................................... 27

X. XI.

A.

INDEMNIFICATION........................................................................................... 28 INSURANCE........................................................................................................ 28 ARCHITECT’S INSURANCE............................................................................. 28

B. C.

D. E. F. G. H. I. J.

PROFESSIONAL LIABILITY INSURANCE..................................................... 28 WORKER’S COMPENSATION, LIABILITY AND VALUABLE PAPERS

INSURANCE.................................................................................................. 29 OTHER INSURANCE REQUIREMENTS ......................................................... 30 CERTIFICATES OF INSURANCE..................................................................... 30 POLICIES ............................................................................................................. 31 INSURANCE PRIMARY .................................................................................... 31 NO REDUCTION OR LIMIT OF OBLIGATION .............................................. 31 ADDITIONAL INSURED ................................................................................... 31 DURATION OF COVERAGE ............................................................................. 32

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K. RETROACTIVE DATE AND EXTENDED REPORTING PERIOD ................ 32 L. COOPERATION .................................................................................................. 32

XII. TERMINATION ................................................................................................... 32 XIII. ASSIGNMENT ..................................................................................................... 33 XIV. DISPUTE RESOLUTION .................................................................................... 33

A. DISPUTE RESOLUTION PROCEDURES ......................................................... 33 B. CONTINUED PERFORMANCE......................................................................... 33 C. PREVAILING PARTY ........................................................................................ 33

XV. NO WAIVER ........................................................................................................ 33 XVI. EXTENT OF AGREEMENT ............................................................................... 34 XVII. APPLICABLE LAW ............................................................................................ 34 XVIII. NOTICES.............................................................................................................. 34 XIX. AUDIT .................................................................................................................. 35 XX. ADA COMPLIANCE ........................................................................................... 36 XXI. CONFIDENTIALITY........................................................................................... 36 XXII. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION............................... 37 XXIII. OWNER IMMUNITY AND LIMITATIONS ON LIABILITY .......................... 37

1

AGREEMENT FOR ARCHITECTURAL SERVICES

THIS AGREEMENT, the effective date of which is , 2008, by and between the Metropolitan Sports Facilities Commission, a political subdivision of the State of Minnesota (hereinafter referred to as “Owner”) and , a (hereinafter referred to as “Architect”), for architectural and civil, structural, mechanical, electrical and plumbing engineering design and consulting services (“Services”) as follows:

I. DESCRIPTION OF PROJECT

The Owner proposes to reconstruct the multipurpose sports stadium and its related

improvements (“Project”) located on the site of the Hubert H. Humphrey Metrodome in Minneapolis, Minnesota. It is anticipated that the Vikings will extend their existing use agreement or enter into a new use agreement with the Owner that will require the Vikings to play their home football games in the Project. The reconstructed stadium is intended to meet all of the revenue and fan amenity requirements of a modern National Football League professional football stadium. The reconstructed stadium will include a retractable roof and will contain approximately 65,000 seats, of which at least 7,500 will be club seats, and all of the typical support services found in a modern stadium, including but not limited to space for home and visiting teams, media, food service and concessions. The initial Architectural Program for the Project is set out in Exhibit A, and is subject to further definition as the Work progresses. This Agreement is intended to provide for the Services to be provided by the Architect for the Project and to define and describe the working relationship between the Owner and the Architect. The Owner has retained to act as its Construction Manager for the Conceptual Design Phase and Schematic Design Phase of the Project.

II. DEFINITIONS

In addition to other terms defined throughout this Agreement, as used in this Agreement,

the following terms shall have the meanings set forth below in this Article.

“ADA” shall mean Title III of the Americans with Disabilities Act and the regulations and definitive guidelines issued thereunder by the United States Department of Justice concerning accessibility of places and public accommodation and commercial facilities, and any Minnesota accessibility requirements.

“Additional Services” shall have the meaning set forth in Section IV.D.

“Adjacent Property” shall mean all land adjoining and surrounding the Site on which will

be located any public streets, sidewalks, plazas, or bridges and any public or private parking facilities or other accoutrements to be developed by Owner or other parties in connection with the Project.

“ADR Procedures” shall have the meaning set forth in Section XIV.A.

“Applicable Laws” or “applicable laws” shall mean any applicable law, enactment,

statute, code, ordinance, charter, resolution, order, rule, regulation, guideline, authorization, or

2

other direction or requirement of any Governmental Authority enacted, adopted, promulgated, entered or issued and in force as of the date an action is taken. Notwithstanding the foregoing, “Applicable Laws” and “applicable laws” shall expressly include all requirements, regulations and administrative orders of the City of Minneapolis, Hennepin County, and State of Minnesota, as same may be modified by variances and waivers issued in accordance with applicable laws.

“Architectural Program” shall mean that certain program of general descriptions and

requirements desired by the Owner to be incorporated into the design of the Project and referred to in Exhibit A attached hereto and made a part hereof, which shall be subject to further definition as the Work progresses and shall form the basis for the preparation of the Design Documents for the Project.

“Bidding or Negotiation Phase” shall mean the Bidding or Negotiation Phase as

described in Section IV.B.6.

“Conceptual Design Documents” shall mean the preliminary project work plan, programming report, and predesign document, concept sketches and renderings illustrating the scale and relationship of the Project components.

“Conceptual Design Phase” shall mean the Conceptual Design Phase of the Project as

described in Section IV.B.2

“Construction Administration Phase” shall mean the Construction Administration Phase of the Project as described in Section IV.B.7.

“Construction Budget” shall mean the budget developed as provided in Article V.

“Construction Cost” shall mean the total cost of all elements of the Project designed or

specified by Architect, and shall include the cost of all Work at current market rates of labor and materials, plus a construction contingency. Construction Cost does not include the following: compensation of Architect, Owner’s geotechnical, environmental or other specialty consultants, the cost of the land, rights-of-way costs or financing costs.

“Construction Drawings and Specifications” shall mean the most current working

drawings, specifications and addenda describing the size, character, design, construction, materials, finishes, structure and mechanical, electrical and other systems of the Project issued by Architect.

“Construction Drawings and Specifications Phase” shall mean the Construction Drawings

and Specifications Phase as described in Section IV.B.5.

“Construction Manager” shall mean such entity as Owner shall engage from time to time to perform construction management services for the Project.

“Construction Schedule” shall mean the schedule for the performance and completion of

the Work prepared or approved by the Owner, as the same may be modified from time to time.

3

“Constructor” shall mean the general contractor or trade contractors engaged from time to time by Owner for construction of the Project. If the Owner so chooses, the Construction Manager may be the constructor of the Project and then may sometimes be referred to herein as the “Constructor”.

“Contract Documents” has the meaning at Section IV.B.5(a).

“Design Development Documents” shall mean design development drawings and outline

specifications based upon and refining the Schematic Design Documents illustrating the scope, relationship, forms, size and appearance of the Work by means of plans, sections and elevations, typical construction details, and equipment layouts.

“Design Development Phase” shall mean the Design Development Phase of the Project as

described in Section III.B.4.

“Design Documents” shall mean, as applicable, the Conceptual Design Documents, Schematic Design Documents, the Design Development Documents, and the Construction Drawings and Specifications.

“Design Schedule” shall mean the schedule of architectural services prepared or

approved by the Owner, the most current edition of which is included in the Project Schedule attached hereto as Exhibit B.

“Final Construction Budget” shall mean the Construction Budget agreed to by Owner,

Architect and Construction manager upon commencement of construction of the Project based upon the executed construction contract with the Constructor. The Final Construction Budget for purposes of this Agreement will not be adjusted for costs which result from force majeure events, Owner delays, or any changes to the Project made at the Owner’s direction or request which occur after the commencement of construction of the Project (but will be adjusted for any changes required to address acts or omissions of the Architect). The Final Construction Budget for purposes of this Agreement will include a project contingency equal to five percent (5%) of the other Construction Costs.

“Final Construction Cost” shall mean the final cost to Owner of all Work performed by

the Constructor. The Final Construction Cost for purposes of this Agreement will be adjusted for all actual costs which result from force majeure events, Owner delays, and any changes to the Project made at Owner’s direction or request (but not changes required to address acts or omissions of the Architect, Construction Manager, or Constructor).

“GMP” shall mean the guaranteed maximum price for the entire Work.

“Governmental Authority” shall mean any federal, state, county, municipal or other

governmental department, entity, authority, commission, board, bureau, court agency, or any instrumentality of any of them having jurisdiction with respect to the Work, the Project, the Site or the Adjacent Property.

“Legal Requirements” shall mean the requirements set forth in any Applicable Laws.

4

“Legislative Approval” shall have the meaning as set forth in Section III.A.

“Lender” shall mean any bank, insurance company, trust, corporation, association, firm, partnership, Person, or other entity that has loaned or agreed to lend or otherwise provide funds or credit enhancement to enable the Owner to build the Project.

“National Football League” or “NFL” shall mean, collectively, the National Football

League and/or any other Person appointed by the foregoing, or any successor substitute association or entity of which the Vikings is a member or joint owner and which engages in professional football in a manner comparable to National Football League.

“NFL Rules and Regulations” shall mean, collectively, the constitution and bylaws, and

the rules, guidelines, regulations and requirements of the NFL, as applicable, all as the same now exists and which the Vikings has provided to Architect.

“Owner’s Consultants” shall have meaning provided at Section III.A.

“Owner’s Consultants Services” shall have meaning provided at Section III.A.

“Parties” shall mean the Owner and the Architect.

“Person” shall mean an individual, sole proprietorship, partnership, corporation, joint stock company, trust, unincorporated association, joint venture, limited liability company, limited liability association, unincorporated association, Governmental Authority, or any other entity.

“Phase” or “Project Phase” shall mean each of the phases as described in Section IV.B.

“Post-Construction Phase” shall mean the Post-Construction Phase of the Project as

described in Section IV.B.7.

“Project” shall mean the project described in Article I.

“Project Construction Contract” means the general contract between the Owner and Constructor for construction of the Project.

“Project Schedule” shall mean the schedule that identifies, coordinates and integrates the

anticipated Design Schedule and Construction Schedule, the Viking’s responsibilities, Government Authority responsibilities and reviews and other activities as are necessary for the timely completion of the Project, as revised in accordance with this Agreement.

“Schematic Design Documents” shall mean the drawings, renderings, models and video

displays illustrating the scale and relationship of the various Project components, which also contain square footage or volume calculations for the building interior spaces, building exterior spaces, as well as major architectural and interior finishes.

“Schematic Design Phase” shall mean the Schematic Design Phase of the Project as

described in Section III.B.3.

5

“Services” shall mean all Basic Services, Additional Services and other obligations of Architect under this Agreement.

“SI Base Amount” shall have the meaning provided in Section VI.B.

“Site” shall mean the site of the Hubert H. Humphrey Metrodome, located in

Minneapolis, Minnesota, together with any vacated streets or other adjoining lands the Owner may acquire for expansion of the Project.

“Standard of Care” shall mean that standard of professional care, skill, diligence and

quality that prevail among national design firms engaged in the planning, design, and construction administration of large scale and complex projects of similar scope, function, size, quality, complexity and detail, including the design of similar NFL stadiums in comparable urban areas throughout the United States.

“Standards” shall mean the energy saving measures and techniques adopted by Owner for

the Project pursuant to Section IV.B.1(d).

“Subconsultants” shall have the meaning set forth at Section III.C.

“Substitution” shall mean any substitute product or process other than that specified in the Contract Documents that completely fulfills the requirements of the Contract Documents or for which exceptions are agreed to in writing by the Owner.

“Vikings” shall mean the Minnesota Vikings Football, LLC, or such successor entity as

shall hold the National Football League franchise for the Minneapolis-Saint Paul metropolitan area.

“Work” shall mean the furnishing of all materials, labor, detailing, layout, equipment,

supplies, plants, tools, scaffolding, transportation, temporary construction, superintendence, demolition, and all other services, facilities and items, reasonably necessary for the full and proper performance and completion of the requirements for the Project as set forth in the Contract Documents and items reasonably inferable therefrom, whether or not performed or located on or off of the Site.

III. ARCHITECT’S RESPONSIBILITIES

In addition to other responsibilities set forth throughout this Agreement, the Architect’s

responsibilities shall include the following:

A. PROFESSIONAL SERVICES

The Architect shall provide the professional Services as set forth in this Agreement. Architect shall coordinate its Services with the Owner, Construction Manager, Vikings, and other members of the Project team. Architect acknowledges the critical aspect of timely completion of the Project, and agrees that its services will be performed as expeditiously as possible consistent with the Standard of Care. Architect shall provide all necessary personnel

6

and supervision to achieve timely completion of each Project Phase and comply with the Project Schedule.

B. REPRESENTATIVE

The Architect shall identify a representative authorized to act on behalf of the Architect

with respect to the Project. representative until Architect otherwise notifies Owner.

is hereby designated as such

C. AVOIDANCE OF APPEARANCE OF COMPROMISE OF JUDGMENT

Except with the Owner’s knowledge and written consent, the Architect shall not engage

in any activity, or accept any employment, interest, or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to the Project.

IV. SCOPE AND DESCRIPTION OF SERVICES

A. SCOPE OF SERVICES

Under this Agreement, the Architect will provide services for the Conceptual Design and

Schematic Design Phases of the Project. Upon Owner’s election in writing, the Architect will also provide services for the Design Development Phase, Construction Drawings and Specifications Phase, Bidding or Negotiation Phase, Construction Administration Phase and Post-Construction Phase as set forth in this Agreement. The Architect acknowledges that the Owner may elect not to proceed with subsequent Phases of the Project beyond the Schematic Design Phase unless and until the Project has been approved by the State of Minnesota during the 2009 (or later year) Legislative Session (“Legislative Approval”). The Owner reserves the right to decide not to proceed, to proceed under this Agreement as originally executed, to negotiate an amendment to this Agreement to comport with legislative and funding requirements or other factors, or to terminate this Agreement and engage another architect or other design professionals for subsequent phases of the Project.

Architect acknowledges that, in the interest of time and cost savings, the Owner may by

written election direct Architect to continue with certain Basic Services for subsequent Phases prior to Legislative Approval, and Architect will provide the requested services. Architect shall be compensated for such services as Additional Services. If Legislative Approval is obtained and the Owner elects to proceed with the Project under the terms of this Agreement, then the foregoing amounts paid to Architect as Additional Services shall be credited against the Architect’s compensation for Basic Services for such subsequent Phases of the Project.

The Services the Architect shall provide under this Agreement consist of Basic Services,

Additional Services, and other obligations of Architect under this Agreement. “Basic Services” consist of normal architectural services, other than Owner’s Consultants Services, which the Architect shall provide directly through its employees and separate consultants (“Subconsultants,” as more specifically defined at Section III.C). “Owner’s Consultants Services” consist of those services provided by consultants directly hired and paid by the Owner (the “Owner’s Consultants”), as listed in attached Exhibit D. The Vikings will provide or engage consultants to provide advice and counsel on premium seating and marketing. The Architect

7

shall be responsible for performing all Basic Services pursuant to Article VIII and Section III.C. The Owner shall pay the Architect directly for Basic Services.

1. Legal and League Related Requirements and Standards.

Architect shall review Applicable Laws relevant to Architect’s Services. Architect shall

also review applicable requirements of the NFL and NFL Rules and Regulations relating to the Project. Architect shall utilize the Standard of Care to prepare the Design Documents in compliance with Applicable Laws and the NFL Rules and Regulations. The Architect shall assist the Owner, and prepare documentation as may be required, in obtaining approval of Governmental Authorities having jurisdiction over the Project. The Architect represents and agrees that the Contract Documents shall conform with the Standards and all applicable restrictions, laws, codes, ordinances, statutes and regulations in effect throughout the period that the Architect is performing services under this Agreement.

2. LEED Design Services.

Architect shall design the Project to qualify for Leadership in Energy and Environmental

Design (LEED) certification at a level to be agreed upon by Owner.

B. ARCHITECT’S BASIC SERVICES

1. Scope of Basic Services.

Architect’s Basic Services consist of those described in Sections IV.A and IV.B of this Agreement, and include such structural, mechanical, electrical and plumbing and engineering services and such other design/engineering services that are normally and customarily required of projects similar in scope, size and complexity to the Project (the “Basic Services”).

(a) Cooperation. Architect shall, during each phase of design

referenced in this Article IV, submit to the Owner, Construction Manager, and such others designated by the Owner, “in process” plans, specifications and other documents, and shall meet with the Owner and Construction Manager to enable the Construction Manager to perform cost estimating, value engineering, constructability review and scheduling functions. Value engineering and suggestions that may reduce project cost or schedule will be considered and evaluated during all phases of the design process. Architect shall also meet, as necessary, with community groups and other Project stakeholders as required. Architect’s Basic Services shall include all consultation and coordination contemplated by this section. Architect and the Owner agree to use their best efforts to fully communicate and cooperate with each other and with the Construction Manager.

(b) Architect Assistance in Connection with Obtaining Financing for

the Project. Architect shall provide such assistance as the Owner may reasonably request in connection with obtaining financing for the Project. Architect agrees that it will make available to the Owner, its Lenders and any bond trustees, information relating to the Project, including information relating to the construction progress and expenditures, as any Lenders or bond trustees may reasonably request. Architect shall furnish such

8

consents to assignments and certifications addressed to the Owner, its Lenders and any bond trustees, as may be reasonably requested. Architect shall cooperate with the independent engineers, if any, of any Lenders or bond trustees.

(c) Services. Architect shall provide the following services in

accordance with the Standard of Care during all phases of the Project:

(i) Furnish to the Owner and present all architectural and engineering data necessary for review and approval of applications to any Governmental Authority, insurance companies, league official, financial consultants or counsel.

(ii) Coordinate and hold meetings with the Owner, the

Construction Manager, and any other parties the Owner identifies when required by the Owner or this Agreement during each phase of the Project through the Bidding and Negotiation Phase. Prepare minutes of all discussions and decisions from each meeting and disseminate to the working team for review and comment within three (3) business days. Assist the Construction Manager on construction meetings during the Construction Administration Phase of the Project.

(iii) Prepare graphic and narrative materials necessary for

presentation to the Owner, governmental agencies and community groups.

(iv) Determine all Legal Requirements, comply with all Legal Requirements and assist the Owner in complying with all Legal Requirements. Architect will review the Design Documents with designated ADA “user” groups seeking input on areas of concern for any such group or groups.

(v) Prepare typical models, computer aided design renderings

and graphics in 2-D and 3-D format to assist in the Owner’s complete understanding of the design concepts being advanced by Architect.

(vi) Prepare high-quality, special-purpose renderings to be used

by the Owner for purposes of marketing the Project. The content and style of these renderings are to be approved by the Owner. These renderings are in addition to the design renderings and graphics required for design communication in subparagraph (v) above.

(vii) Architect shall, to the extent feasible, follow the sustainable

building guidelines established under Minnesota Statutes section 16B.325.

(d) Standards. The Architect shall consider energy saving measures and techniques intended to result in cost efficiencies and effectiveness consistent with the standards and procedures for construction adopted by the University of Minnesota as set out in http://www.cppm.umn.edu/standards.html, and to discuss the implications of incorporating such measures with the Owner. To the extent the Parties agree that these measures or other measures as they may agree in writing will be incorporated into the design of the Project, such measures are referred to in this Agreement as the “Standards”.

9

The Architect shall review with the Owner and Construction Manager, as requested, alternative approaches to the design and the construction of the Project and will prepare such conceptual drawings as may be required.

(e) Project Schedule. Architect agrees to comply with those time

parameters established for Architect’s services as set forth in the Design Schedule and to work with the Owner and Construction Manager to develop a Project Schedule that is consistent with the Design Schedule and anticipated Construction Schedule. These times of performance of the Architect’s Basic Services shall be extended due to delays caused by the Owner. The Owner agrees to give consideration to the Architect’s request for extended time for delays caused by significant events outside of the Architect’s reasonable control.

(f) Construction Budget. As requested by the Owner, Architect shall

assist Construction Manager from time to time in providing estimates of Construction Cost for the Project based upon the current Design Documents prepared by Architect. Architect shall notify the Owner and Construction Manager in writing if it is aware of elements contained within the estimates of Construction Cost that do not comply with the Project requirements.

(g) Coordination of Drawings. Architect shall be responsible for the

coordination of all drawings and Design Documents relating to Architect’s design and use on the Project, regardless of whether such drawings and Design Documents are prepared or performed by Architect, by Subconsultants, or by others if Architect incorporates such work performed by others in the Design Documents. If preliminary or design development work has been performed by others, including the Owner, the Vikings, or any of the Subconsultants, Architect is nevertheless fully responsible for and accepts full responsibility for such earlier work when Architect performs subsequent phases of the Basic Services called for under this Agreement, as fully as if the preliminary, schematic and design development work had been performed by Architect itself. Architect shall be responsible for coordination and internal checking of all drawings and for the accuracy of all dimensional and layout information contained therein, as fully as if each drawing were prepared by Architect. Architect shall be responsible for the completeness and accuracy of all Design Documents submitted by or through Architect.

2. Conceptual Design Phase.

The Architect will participate with and assist the Owner and Construction Manager, as

required, in developing and refining the general concept for the Project described in Article I in accordance with the Design Schedule from time to time in effect.

(a) Architectural Program Requirements. The Architect will further

define the Architectural Program based on in-depth interviews with the Owner, the Vikings, and other parties designated by the Owner. The Architect shall review its findings with the Owner and Construction Manager and update the Architectural Program based thereon. The Architectural Program shall set forth the Owner’s design objectives,

10

constraints and criteria, including space requirements and relationships, flexibility and expandability, special systems and equipment, site requirements and other Owner requirements.

(b) Design Concept Meetings. Architect shall document the results of

design concept meetings in which design factors are agreed to, modifications to previous designs are made and other material design and construction issues are discussed. Architect shall furnish a copy of the documentation produced under this section to each participant attending the design concept meeting, and to the Owner, the Vikings, and Construction Manager.

(c) Conceptual Design Phase Services. Architect will conduct the

Conceptual Design analyses and tasks set out in Exhibit C and such other work as will define the scale and relationship of the Project components in a manner satisfactory to the Owner, assist the Owner and Construction Manager in preparing a preliminary Construction Budget, and prepare, for approval by the Owner and the Construction Manager, the Conceptual Design Documents.

3. Schematic Design Phase.

(a) Schematic Design Meetings. Architect shall document the results

of schematic design meetings in which design factors are agreed to, modifications to previous designs are made and other material design and construction issues are discussed. Architect shall furnish a copy of the documentation produced under this section to each participant attending the schematic design meeting, and to the Owner, the Vikings, and Construction Manager.

(b) Schematic Design Phase Services. Architect will conduct the

Schematic Design analyses and tasks set out in Exhibit C and such other work as will define the preliminary design of the various components of the Project in a manner satisfactory to the Owner, review with the Owner and Construction Manager, as requested, alternative approaches to design and construction of the Project, and prepare and produce for approval by Owner and Construction Manager such Schematic Design Documents as may be required.

(c) Alternative Design Solutions. Architect will participate in the

Construction Manager’s value engineering program during the Schematic Design Phase and incorporate changes in the Schematic Design Documents approved by the Owner.

(d) Architect Review of Construction Cost. Architect shall review and

evaluate the estimates of Construction Cost prepared by Construction Manager during and at the completion of Schematic Design Phase. If the first meaningful estimate of Construction Cost exceeds the Construction Budget, either the Owner shall increase the Construction Budget or require Architect to revise the scope and quality of the Project so that the estimate of Construction Cost is within the Construction Budget. Architect shall make such revisions to the Schematic Design Documents without additional fee or expense to the Owner. Architect, after review of the estimate of Construction Cost, shall

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also advise the Owner of any Project scope items that, in Architect’s judgment, may have been in error or omitted from the estimate of Construction Cost prepared by Construction Manager.

4. Design Development Phase.

(a) Design Development Documents. Architect will not commence

work on the Design Development Documents until: (i) the Owner has approved the Schematic Design Documents; (ii) there has been reconciliation between the most recent estimate of Construction Cost and the Construction Budget; and (iii) Architect has received the written direction of the Owner to commence such work. After the Owner has approved the general Project concept and Project program, the Architect shall prepare, for review and approval by the Owner, design development drawings and outline specifications adequate for obtaining preliminary cost and price estimates

(b) Site Review. In providing Basic Services hereunder, Architect is

required to analyze all material aspects of the existing Site and Adjacent Property, and their respective utility systems and other infrastructure, including existing and publicly planned transportation systems, to evaluate whether the Architectural Program may be constructed and operated as described therein. Additionally, Architect will evaluate the water and sewer mains, natural gas and utility lines and all other systems which serve the Site, to the end that the plans and specifications provided by Architect, and the Project to be constructed will provide the Owner with finished product of an NFL stadium as described in the Architectural Program. Architect will take into consideration the existence of current and known future Site utilities so that the construction of the Project will attempt to minimize rerouting and removal of such utilities except as designated in the Design Documents.

(c) Distribution of Design Development Documents. At intervals

appropriate to the progress of Design Development Documents and as mutually agreeable to by the Owner, Construction Manager and Architect, Architect shall provide drawings and other documents that depict the current status of development for the Owner’s, and Construction Manager’s information, review and comment.

(d) Review of Budget. Architect shall review, evaluate and discuss

with the Owner and Construction Manager the estimate of Construction Cost prepared by Construction Manager relating to the Design Development Documents. As part of such review, Architect will evaluate whether Construction Manager’s assumptions and take- offs appear to be reasonable, whether materials and systems appear to have been estimated in accordance with design intent and whether labor and unit pricing on elements of the Project are consistent with Architect’s knowledge based on projects similar in scope, size and complexity. Architect shall participate in the Construction Manager’s value engineering program during the Design Development Phase. Any revisions to the Design Development Documents shall be without additional fee to the Owner. Upon the conclusion of Architect’s review process as described herein, Architect shall provide to the Owner a written evaluation of the estimate of Construction Cost.

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Architect shall only make revisions to the scope of work characterized by the Design Development Documents with the Owner’s written consent.

(e) GMP and Construction Budget. Architect understands that the

Construction Budget constitutes a fixed limit of Construction Cost available for the Project if the Project is to be construed using a GMP approach. The GMP cannot exceed the Construction Budget, and, accordingly, Architect and the Owner shall use their best efforts to cooperate with each other and with the Construction Manager to achieve a GMP that complies with the Construction Budget and that contains the full Project program and scope. To that end, Architect shall, in cooperation with Construction Manager, propose to the Owner value engineering alternatives to cause the GMP to be within Construction Budget, and the Owner shall, in its sole discretion, either select the items to be incorporated into the Design Documents or increase the Construction Budget.

(f) Review of General Conditions. Architect shall review, evaluate and discuss with the Owner and Construction Manager the general and special conditions prepared by the Construction Manager for construction of the Project.

5. Construction Drawings and Specifications Phase.

(a) Preparation of Construction Drawings and Specifications. After the Owner has approved the Design Development Documents and the general Project concept and Project program, the Architect shall prepare, for review and approval by the Owner, in addition to the Design Development Documents discussed previously, a set of construction drawings and specifications, including “as-built” drawings in both a print and an electronic format, which are adequate for complete pricing and construction of the Project as designed (together with the Design Development Documents, the “Contract Documents”). Upon completion of the construction drawings and specifications, and prior to submitting such documents to the Owner and Construction Manager for issuance to contractors for prices and construction, the Architect shall check each such final construction drawing and specification with all other drawings and specifications for completeness and for freedom from conflicts, errors, omissions and ambiguities. The Construction Drawings and Specifications shall comply with Applicable Laws and the requirements of NFL and NFL Rules and Regulations.

The Contract Documents shall include all necessary drawings and calculations,

details, plans, elevations, sections, and schedules, dimensioned, noted, and coordinated, as well as specifications, and the Architect shall seal and sign and cause its engineering Subconsultants to seal and sign the drawings and specifications as the architect and engineers of record.

Notwithstanding the fact that Architect will employ multiple Subconsultants

pursuant to this Agreement to provide various portions of the design services, the Architect represents that it will provide the Owner with a complete and comprehensive design and corresponding Contract Documents for the entire Project.

(b) Preparation and Submittal of Construction Drawings and

Specifications. Upon completion of the Construction Drawings and Specifications Phase,

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Architect shall provide Construction Drawings and Specifications for the Owner’s approval and Construction Manager’s information. Construction Drawings and Specifications and other Contract Documents submitted by Architect to the Owner for approval or to any contractors, trade contractors, or subcontractors for bidding shall be prepared in accordance with the Standard of Care set forth herein. Architect shall inform the Owner of any tests, inspections, studies, analyses or reports that Architect deems necessary or advisable to be performed by or for the Owner in relation to such Construction Drawings and Specifications and other Contract Documents.

following:

(i) Architect Services during this Phase shall include the

(1) Architect shall submit documents for review and/or

approval to all Governmental Authorities having jurisdiction over the Project; Architect shall submit copies of all approvals obtained by Architect to the Owner. Architect will work with Construction Manager in determining any building or such other permits that are the Owner’s responsibility for the Project. Architect shall prepare and submit the necessary forms and applications required and shall assemble the Contract Documents necessary to obtain such building or other permits and approvals. Architect shall also be responsible for promptly responding to requests for information and clarification from such Governmental Authorities as part of the applicable review and approval process and Contract Documents. Architect shall attend and participate, as appropriate, in all governmental or administrative hearings or meetings and other meetings in connection with this Section. Notwithstanding the foregoing, Architect shall not be responsible for obtaining or procuring subcontractor permits.

(2) Inclusion in the Construction Drawings and

Specifications of the following documents in accordance with the Standard of Care set forth herein: (i) plans, elevations, and sections at a scale that is sufficient to give a reasonably clear understanding of the construction, dimensions thereof, materials to be employed, location of utilities and any other pertinent data, (ii) details, diagrams, schedules, photographic reproductions, and other pictorial methods appropriate to define work required to be performed to accomplish the purposes of the Project, and (iii) description of existing conditions of the Site, the Adjacent Property and structures with sufficient clarity to permit their use in the bidding and construction purposes of the process. Relevant design calculations, including those for structural, mechanical, electrical and plumbing work may be submitted separately for approvals or Construction Manager’s information.

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6. Bidding or Negotiation Phase.

(a) Bidding Process. Architect shall assist Construction Manager and the Owner in the preparation of the necessary bidding information and bidding forms for the Constructor and any trade contracts and subcontracts, and negotiation of any forms of agreement between the Owner and Constructor for the Project. Architect shall serve as the professional consultant and advisor to the Owner during the bidding process, including the preparation for and participation in all pre-bid conferences and pre-award conferences, and shall also evaluate any bidder voluntary alternates. At the Owner’s direction, the Architect shall prepare detailed area calculations in a form acceptable to Owner.

(b) Bid Packages; Bidding. Architect acknowledges that this Project

may be using multiple bid packages and that, accordingly, multiple trade contractors or subcontractors may be utilized. Due to the use of multiple and phased bid packages, the Construction Drawings and Specifications may require changes, refinement and detailing from time to time in order to coordinate among the various document issuances, and the cost of all such changes, refinement and detailing shall be included as a Basic Service.

(c) Responses to Bidder Inquiries. During the bidding period,

Architect shall assist the Owner and Construction Manager in responding to bidder inquiries and Architect shall prepare and issue, in an expeditious manner so as not to cause an unnecessary delay in the bidding schedule, necessary addenda required to clarify, explain, modify or revise the Contract Documents..

(d) Responses to Requests. Architect shall prepare responses to

questions, requests for clarification and information from prospective bidders and provide clarification and interpretations of the bidding documents as Architect deems appropriate by addenda.

(e) Review of Bids. Architect shall assist the Owner and Construction

Manager in reviewing and analyzing construction bids.

(f) Requests for Substitution. Architect shall consider requests for Substitutions only if such Substitutions are: (a) permitted by the bidding documents, (b) proposed as alternates to specified items, and (c) such Substitutions provide a more economical solution, system or material without compromising quality or maintainability in the professional opinion of Architect. If such Substitution is approved by Architect and the Owner under the foregoing conditions, Architect shall prepare and submit to Construction Manager for distribution, addenda identifying approved Substitutions to all prospective bidders.

7. Construction Administration Phase.

(a) Consultation and Site Visits. During construction of the Project, the

Architect shall advise and consult with the Owner and Construction Manager, as required. The Architect shall participate in construction conferences as required by Owner and Construction Manager and shall visit the site at intervals appropriate to the stage of

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construction to become generally familiar with the progress and quality of the construction of the Project and to determine in general if the Work is proceeding in accordance with the Contract Documents.

(b) RFIs. The Architect shall review and respond to Constructor’s

requests for information (RFIs) in regards to questions the Constructor or its subcontractors have about the Contract Documents. The Architect adheres to the Owner’s policies and procedures concerning RFIs.

(c) Observations. The Architect shall make on-site observations to

check the quality of the Work and observe tests required by the Contract Documents and authorities having jurisdiction over the Project. On the basis of such on-site observations, the Architect shall keep the Owner and Construction Manager informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Constructor. A written report of each on-site observation will be promptly provided to the Owner and Construction Manager, and also to the Constructor, when requested by the Owner or Construction Manager. However, the Architect shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. The Architect shall not be responsible for the Constructor’s schedule or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Constructor, subcontractors, or their agents or employees, or of any other persons performing portions of the Work, but Architect shall notify Owner and Construction Manager immediately upon discovering any acts or omissions by such parties that are not in conformance with the Contract Documents or which Architect believes violates any laws, rules, codes, ordinances or other regulations.

(d) Progress Payments. Based on the Architect’s observations and

evaluations of the Constructor’s applications for payment, the Architect shall review and certify to the Owner, all payment requests by the Constructor and Subconsultants, in the form of Application and Certificate for Payment, AIA G702. Based on such observations at the site and on the Application and Certificate for Payment, the Architect shall determine the amount owing to the Constructor and Subconsultants and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect’s observations at the site as provided in this Agreement and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect’s knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents, correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Constructor is entitled to payment in the amount certified.

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(e) Shop Drawing Review and Approval. The Architect shall review and approve, or take such other action as may be appropriate, within ten (10) working days (except as otherwise provided herein) of receipt (unless this time is extended by the Owner), all shop drawings, product data and samples to ascertain whether shop drawings and similar submittals are in accordance with the requirements of the Contract Documents and are consistent with, and adequate to secure execution of, the general design of the Project. The Architect shall participate in an expedited submittal process for the mechanical, electrical, plumbing (“MEP”) and building controls trades and conduct the submittal meetings associated with such expedited process.

(f) Final Observation and Review. The Architect shall review the

Work to determine the date or dates of Substantial Completion and the date of Final Completion (as determined in the Contract Documents) and shall receive, review for compliance with the Contract Documents and forward to the Owner and Construction Manager for the Owner’s and Construction Manager’s review and records all written warranties and related documents required by the Contract Documents and assembled by the Constructor. Upon Substantial Completion (as determined in the Contract Documents), the Architect shall issue to the Owner and Construction Manager a certificate of substantial completion or the equivalent thereof pursuant to a Standard AIA certificate of substantial completion or in such other form as to which the Architect, the Owner and Construction Manager agree pursuant to a written agreement among them. The Architect shall prepare such punch lists and follow-up observations on the punch lists as may be required, shall conduct a final observation of the Project, and shall, if requested by the Owner or Construction Manager, prepare a final report in writing for the Owner. Upon completion of the Project, the Architect shall deliver to the Owner the “Architect’s Statement” in the form attached hereto as Exhibit O and Architect shall furnish Owner with one complete set of final Contract Documents.

(g) Tests and Studies. The Architect and/or its Subconsultants shall

participate in, conduct and observe such tests as authorities having jurisdiction over the Project may require, provided that Owner shall bear all lab fees and expenses associated with such tests.

(h) Constructor’s Cost Saving and Alternative Proposals. The

Architect shall review and evaluate cost saving proposals submitted by the Constructor, subcontractors and/or manufacturers and shall make such revisions to the Contract Documents as necessary to incorporate those cost saving proposals which are accepted by the Owner.

(i) Change Orders. The Architect shall prepare, upon request of the

Owner, change orders and change order proposals, for review and approval by the Owner for execution in accordance with the Contract Documents.

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8. Post-Construction Phase.

(a) The Architect shall consult with the Owner as necessary throughout the first year of the warranty period established under the Constructor’s construction contract (“Warranty Period”).

(b) The Architect shall coordinate with the Owner in conducting all

remedial work during the Warranty Period.

(c) The Architect shall attend warranty inspections with the Owner and monitor follow-up warranty work or services by the Constructor during the Warranty Period provided, however, to the extent that such warranty inspections or follow-up work relates to services provided solely by Subconsultants, then Architect shall require each Subconsultant to perform the obligations set forth in this subparagraph 8 and will not be required to do so itself.

(d) The Architect and the Subconsultants shall participate in a program

to critique the design and construction of the Project as reasonably requested by the Owner in writing.

9. General.

(a) Certificates. The Architect agrees to issue, upon the request of the

Owner, all such certificates as may reasonably be required by the Owner, State of Minnesota Legislative oversight committee, or other parties identified by the Owner in connection with the construction or permanent financing for the Project. The Architect further agrees to consent to Owner’s assignment of this Agreement as security for any construction financing for the Project, and to consent to any modifications to this Agreement which are reasonably requested by any Owner approved entity providing financing for the Project, provided such modifications do not materially alter the rights and obligations of the Architect.

(b) Other Certificates. The Architect agrees to issue, upon the request

of the Owner, all such certificates and reports regarding the design or construction of any component of the Project, including certificates of occupancy, as may be required to satisfy the Owner’s obligations to third parties and any Governmental Authorities having jurisdiction over the Project.

C. SUBCONSULTANTS AND OWNER’S CONSULTANTS

Subject to the terms and provisions of Article VIII and to the extent such

specialties are not provided by Architect’s own employees, the Architect shall retain design, structural, mechanical/electrical/plumbing, civil, acoustical, lighting, building controls, graphics, landscaping, glass and glazing, security, audio, video, roof mechanization, interior design, ADA, code compliance, vertical transportation, LEED and such other consultants, designers, architects, and independent contractors (all collectively referred to hereinafter as “Subconsultants” as listed in Exhibit I), other than Owner’s Consultants, as may be necessary to accomplish the design and administration of the Project.

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Owner’s Consultants shall include testing, geotechnical, traffic, and environmental consultants, and other consultants providing services listed in Exhibit D, as retained and paid by the Owner. The Owner shall not be responsible for the accuracy, sufficiency or completeness of any information provided by Owner’s Consultants, and Architect shall notify Owner if any additional testing or analysis by Owner’s consultants is necessary or desirable in connection with the Project.

D. ADDITIONAL SERVICES

1. The Architect shall provide services in addition to those required by this

Agreement (“Additional Services”) as the Owner may reasonably request, including any services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice for Projects of similar scope. The Architect shall obtain the Owner’s prior written approval before performing any Additional Services.

2. Additional Services include, but are not limited to:

(a) Making revisions in the Construction Drawings and Specifications

and other documents when such revisions are inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or the Construction Budget, when due to changes required as a result of the Owner's failure to render decisions in a timely manner.

(b) Providing services required because of significant changes in the

Project including, but not limited to, size, quality, complexity, the Project Schedule, except for services required due to Architect’s failure to comply with the information furnished by the Owner, Construction Manager or Constructor.

(c) Providing consultation concerning replacement of Work damaged

by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work.

(d) Providing services made necessary by the default of the

Constructor, by major defects or deficiencies in the Work of the Constructor, or by failure of performance of either the Owner or Constructor under the Owner’s construction contract with the Constructor.

(e) Providing the Owner with assistance in any litigation brought

against or by the Owner, against any parties other than the Architect or its Subconsultants, including the furnishing of documentation, expert testimony and the participation in pretrial discovery. Litigation assistance services of the Architect shall be furnished and compensated as Additional Services, except insofar as the Architect is required by legal process or subpoena by a third party to appear and give testimony.

(f) Providing financial feasibility or other special financial studies.

(g) Providing planning surveys, site evaluations or comparative studies

of prospective sites.

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(h) Providing special surveys and environmental studies required for approvals of Governmental Authorities or others having jurisdiction over the Project.

(i) Conducting inventories of materials or equipment, or valuations

and detailed appraisals of existing facilities.

(j) Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing after the initial start-up and initial adjustments made in connection with the start-up, preparation of operation maintenance manuals, training personnel for operation and maintenance, and consultation during operation.

(k) Providing services of consultants that are identified in this

Agreement as the responsibility of Owner.

3. If the Construction Manager also acts as the Constructor, as opposed to serving only as an agent, then Architect specifically agrees to perform certain Additional Services on a lump-sum, fixed-price basis, as described in Exhibit H.

E. QUALIFICATIONS AND STAFFING

The Architect represents and acknowledges that it is knowledgeable of all codes,

standards (including the Standards), rules and regulations applicable in the jurisdiction in which the Project is located, including, but not limited to, all health, safety, environmental, building and zoning codes, rules and regulations, and by this representation agrees to comply with these codes, standards (including the Standards), rules and regulations. Should the Architect fail to comply with these applicable codes, standards (including the Standards), rules and regulations in accordance with the Standard of Care, as described in Section F below, the Architect hereby agrees to bear all additional costs incurred in securing compliance with such codes, standards, rules or regulations. However, in paying such additional costs, the Architect shall not be responsible for any cost or expense that provides betterment, upgrade or enhancement of the Project beyond that necessary to comply with such codes, standards (including the Standards), rules and regulations or which would have been a cost of the Project had such matters been considered initially.

The Architect represents that it is and all the Subconsultants are experienced and

fully qualified to perform the Services contemplated by this Agreement, and that it is and all the Subconsultants are properly licensed pursuant to applicable law to perform such Services.

All staff used by the Architect in the performance of the Services shall be

qualified by training and experience to perform their assigned tasks. The Architect shall submit, for the Owner’s approval, a staffing proposal for the Project, complete with job description, names and previous experience of all design personnel. The Architect has designated the Principal, Project Architect, and Job Captain for the Project as stated in Exhibit F. The Principal, Project Architect, and Job Captain will not be reassigned without the Owner’s approval and the Owner shall have the right to approve their successors. If, for the benefit of the Project, the Owner believes a change in the Architect’s personnel assigned to the Project to be necessary, the Architect shall assign other employees acceptable to the Owner.

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F. PERFORMANCE OF SERVICES AND STANDARD OF CARE

The Architect agrees that the Services rendered with respect to this Project will be in conformity with the Standard of Care. The Architect and Owner agree that the Standard of Care shall govern all Services to be provided by the Architect and the Subconsultants under this Agreement. Upon completion of the Project in accordance with the plans and specifications, the Architect agrees that the Project will be suitable for its intended purpose, as documented in the Project program, and subsequent directives, if any, from the Owner. The Architect accepts the relationship of trust and confidence established between it and the Owner by this Agreement. Architect agrees with the Owner to use its best efforts, skill, judgment, and abilities to assist and work with the Owner and Construction Manager to design the Project, to produce the necessary Contract Documents, and to further the interests of the Owner in accordance with the Owner’s requirements and procedures, each in accordance with professional standards applicable to the Architect and in compliance with all applicable restrictions, laws, codes, and regulations in effect throughout the period that the Architect is performing services under this Agreement. This Agreement represents the entire and integrated Agreement between the Architect and the Owner with respect to the Architect’s Services, and supersedes all prior negotiations, representations or agreements, either written or oral.

Architect shall be aware of and advise the Owner as to the technological “state of

the art” options for material portions of NFL stadium projects and shall advise the Owner of changes or advancements in such “state of the art” options throughout the Project. Architect shall actively advise the Owner from time to time as to material systems or components of the Project that are not, in Architect’s opinion, “state of the art.” The term “state of the art” shall mean current design trends and anticipated technological developments that are generally available within the Project time frame. Architect shall clearly identify, in writing, viable options for required decisions of the Owner and, in connection therewith, Architect shall recommend to the Owner Architect’s opinion of the best applications for the Project, stating, in writing, the basis for those opinions.

Architect’s duties as set forth herein shall at no time be in any way diminished by

reason of any acceptance by the Owner of the Design Documents or any other work product of Architect, nor shall Architect be released from any liability by reason of such acceptance of the Owner.

G. AMENDMENT OF AGREEMENT

This Agreement may be amended only by written instrument signed by both

Architect and Owner. It is binding upon the parties, their successors and assigns.

H. TIME OF PERFORMANCE

The Design Schedule included in the Project Schedule attached hereto as Exhibit B shall establish the times for performance of the Architect’s Basic Services through the Conceptual Design Phase and Schematic Design Phase. If the Owner elects to continue this Agreement into the Design Development Phase and subsequent Phases, the Owner and Architect shall agree on a Design Schedule for such subsequent phases. These times of performance of the

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Architect’s Basic Services shall be extended due to delays caused by the Owner. The Owner agrees to give consideration to the Architect’s request for extended time for delays caused by significant events outside of the Architect’s reasonable control. Architect acknowledges the crucial aspect of timely submittal of the Project for Legislative Approval and subsequent completion of the Project, and represents that its Services shall be performed as expeditiously as possible consistent with the Standard of Care, the Design Schedule and the Construction Schedule. Architect shall provide all necessary personnel and supervision to achieve timely completion of each phase of its Services, and, subject to the other provisions of this section, shall comply with all completion schedules to which the Parties agree. The Owner may suspend the Architect’s Services under this Agreement upon written notice to the Architect and the Architect agrees to resume Architect’s Services in accordance with the terms of this Agreement upon receipt of Owner’s notice to resume. Except during the period prior to Legislative Approval, if any such suspension shall exceed one hundred twenty (120) consecutive days, the Owner shall pay to the Architect reasonable compensation for the Architect’s actual, increased costs as a result of such suspension.

I. AUTHORITY

Architect shall have the authority to act on behalf of Owner only to the extent

provided in this Agreement unless otherwise modified by a subsequent written instrument. Under no circumstances shall Architect contract, negotiate or make commitments with any governmental authorities with respect to the Project without the prior written consent of the Owner. Architect shall not order any corrective work to the Project without the Owner’s prior written approval.

V. CONSTRUCTION COST

A. RESPONSIBILITY FOR CONSTRUCTION COST

1. Review of Construction Budget; Construction Cost Estimates.

Architect, as a design professional familiar with the construction industry and the design

and construction of similar NFL stadiums in comparable urban areas, shall assist Construction Manager in evaluating the Construction Budget and shall review and accept or take exception to the estimates of Construction Cost prepared by Construction Manager during all phases of the Project. Architect’s review of the Construction Budget and all estimates of Construction Cost prepared by Construction Manager will be utilized by Architect in preparing the Design Documents. However, Architect does not warrant the accuracy of the estimates of Construction Cost prepared by Construction Manager or represent that bids or negotiated prices will not vary from the Construction Budget proposed, established or approved by the Owner, or from the estimates of Construction Cost or other cost estimate or evaluation prepared by Construction Manager.

2. Owner Options During Pre-Bidding Phases.

Notwithstanding any other provision herein, in either or any of the Schematic Design,

Design Development, or Construction Drawings and Specifications Phases, if the estimate of

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Construction Cost prepared by Construction Manager exceeds the Construction Budget, then the Owner shall have the following options or combinations of options:

(a) Request that Architect and Construction Manager review, evaluate

and recommend options to bring the estimate of Construction Cost within the Construction Budget;

Documents;

(b) Require Architect to modify and revise applicable Design

(c) Authorize an increase in the Construction Budget; or

(d) Terminate this Agreement.

VI. COMPENSATION

A. BASIC SERVICES

The Architect shall receive as compensation for all Basic Services through and

including the Conceptual Design Phase and the Schematic Design Phase, the fixed price sum of Dollars ($_ ), payable in response to monthly

invoices based upon the amount of Basic Services actually performed actually incurred during such phases of the Architect’s work.

The Architect shall receive as compensation for all Basic Services for the Design

Development Phase, Construction Drawings and Specifications Phase, and Bidding or Negotiation Phase in the aggregate, a sum equal to Percent ( %) of the Final Construction Cost, which sum will not exceed Dollars ($ ), payable in response to monthly invoices based upon the amount of Basic Services actually performed during such phases of the Architect’s work.

The Architect shall receive as compensation for all Basic Services for the

Construction Administration Phase and Post-Construction Phase of the Architect’s Work in the aggregate, a sum equal to Construction Cost, which sum will not exceed

Percent ( Dollars ($

%) of the Final ), payable in

response to monthly invoices based upon the amount of Basic Services actually performed actually incurred during such phases of the Architect’s work.

The Architect recognizes that the completion of the Design Services through the

commencement of construction normally entails reasonable changes in the Construction Drawings and Specifications and other Contract Documents commensurate with the size and complexity of this Project, and that such reasonable changes or additions to the drawings and/or specifications are likely to occur during the course of the Services provided by the Architect under Article IV. The Architect therefore represents that its compensation for Basic Services includes such reasonable changes or additions to such Construction Drawings and Specifications and other Contract Documents during the course of both design and construction, and that such changes or additions shall entitle it to no additional compensation pursuant to Section VIV.D of this Agreement.

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B. SAVINGS INCENTIVE

If the Final Construction Budget is less than $[

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Million] (the “SI-Base Amount”), then Architect will receive an additional payment equal to the product of (1) Percent (

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_%) multiplied by (2) the difference between the SI-Base Amount and the Final Construction Budget. This amount shall be paid within 60 days following Substantial Completion of the Project.

If the Final Construction Budget exceeds the SI-Base Amount, then Architect will

not receive an additional payment, and instead the Architect’s overall payments will be reduced by an amount (the “Reduction Amount”) equal to the product of (1)

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Percent ( %) multiplied by (2) the difference between the Final Construction Budget and the SI-Base Amount. This Reduction Amount will be withheld from the Architect’s compensation for all Basic Services for the Construction Administration Phase and Post-Construction Phase of the Architect’s Work on a pro rata basis. If there are any changes to the Work that the Owner contends are required to address acts or omissions of the Architect, the Reduction Amount for such changes will be retained by Owner pending final determination of the Architect’s responsibility therefor.C. ADDITIONAL SERVICES

Except as otherwise agreed upon in this Agreement, the Architect shall receive

compensation for Additional Services, if any, at a fixed hourly rate for the Architect’s personnel plus agreed expenses incurred specifically as a result of such Additional Services. For purposes of computing these rates, the hourly rates for all employees’ time are listed in attached Exhibit G.

If the Owner or Construction Manager requests, the Architect shall, prior to

engaging in any Additional Services, submit a proposal in a form acceptable to the Owner for performance of such specific Additional Services on a lump-sum, fixed-price basis. When the Architect and Owner agree to such proposal, then such Additional Services shall be performed on a fixed-price basis under this paragraph, notwithstanding any other provisions of this Article VI.

If the Construction Manager also acts as the Constructor, as opposed to serving

only as an agent, then Architect specifically agrees to perform certain Additional Services on a lump-sum, fixed-price basis as specified in Exhibit H.

All Additional Services will payable in response to monthly invoices based upon

the amount of Additional Services actually performed. In connection with invoices for payment for Additional Services which are furnished on an hourly rate plus agreed expense basis, the Architect agrees to keep, on the basis of generally accepted accounting principles, financial records which shall be made available for review by the Owner within ten (10) working days of the receipt of a written request from the Owner.

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DC. REIMBURSABLE EXPENSES

Reimbursable Expenses are in addition to the compensation for Basic Services and Additional Services, and include out-of-pocket expenses incurred by the Architect and its employees and consultants in the interest of the Project as identified as follows:

1. Expense of transportation in connection with the Project (not to exceed

round-trip coach airfare and automobile mileage at the maximum rate allowed by IRS regulations); reasonable living expenses in connection with domestic out-of-town travel.

2. Expense of long distance communications, postage, express delivery and

handling of drawings, specifications, and other documents.

3. Expense of data processing and photographic production techniques.

4. Expense of reproductions including without limitation:

(a) Costs associated with the reproduction of design documentation through the course of the Project, including the cost of printing drawings and specifications for inter-discipline coordination and the use of the Owner and Construction Manager.

(b) Printing required by the Owner, Construction Manager and other

parties for the purpose of reviews, coordination and approvals of any Contract Document.

(c) Providing to the Constructor at the end of the Construction

Drawings and Specifications phase, two hard copies and one electronic copy of the Construction Drawings and Specifications and other Contract Documents.

(d) Providing the same to the Constructor with each update to the

Construction Drawings and Specifications and other Contract Documents issued by the Owner.

(e) Printing associated with City/local authority drawing reviews.

(f) Printing associated with the signed/sealed permit drawings as

required.

(g) Printing associated with bidding for the Constructor and subcontractors, and for the Constructor’s use during construction.

4. Expense of renderings, models, mock-ups and other study models and

graphic representations approved by Owner for Architect to design the Project and to present the design to Owner.

5. Testing of any kind.

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6. Professional photography requested in writing by the Owner. However Architect’s photos taken during the Construction phases of the project will be made available to the Owner and Construction Manager on request.

All Reimbursable Expenses will payable in response to monthly invoices based

upon the amount of Reimbursable Expenses actually incurred. In connection with invoices for payment for Reimbursable Expenses, the Architect agrees to keep, on the basis of generally accepted accounting principles, financial records which shall be made available for review by the Owner within ten (10) working days of the receipt of a written request from the Owner.

ED. PAYMENTS

The Architect shall submit to the Owner on or before the tenth (10th) day of each calendar

month a detailed monthly invoice in such form and supported by such documents as the Owner may reasonably require. Said monthly invoices are anticipated to be in accordance with Exhibit E. After timely receipt and approval by the Owner of the Architect’s request for payment as herein required, the Owner will make payment to the Architect by the tenth (10th) day of the following calendar month.

VII. OWNER’S AND CONSTRUCTION MANAGER’S PARTICIPATION

A. GENERAL

The Architect understands and agrees that the Owner, Construction Manager and other

parties designated by Owner intend, through their designated representative or representatives, to actively participate both in the evolution of the design for the Project, in interaction and consultation with other Subconsultants and Owner’s Consultants and in construction administration of the Project. The Architect expressly acknowledges that it is an independent contractor, that it is not the representative or agent of the Owner, and that the Owner’s and Construction Manager’s participation, through their representatives shall in no way relieve the Architect of its professional duties and responsibilities under applicable law and this Agreement.

The Owner and Construction Manager will assist the Architect in developing the Project

concept and the Project program. The Owner will furnish a legal description and a certified land survey of the site, as may be needed, and available information concerning the location of service and utility lines, above and below grade. The Construction Manager is responsible for the accuracy and completeness of the Construction Budget and the Estimate of Construction Cost.

B. REPRESENTATIVES

1. Owner Representative

The Owner has designated its Executive Director as its agent and representative

authorized to act on the Owner’s behalf with respect to the Project (“Owner Representative”). The Owner reserves the right to change its representative, and the Owner shall notify the Architect and Construction Manager in writing prior to such change. The Owner Representative is the Owner’s exclusive representative to the Architect insofar as this Agreement is concerned. All instructions from the Owner to the Architect relating to this Agreement shall be issued or made in writing through the Owner Representative. All communications and submittals from the

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Architect to the Owner with respect to matters covered by this Agreement shall be issued or made through the Owner Representative, unless the Owner or the Owner Representative shall otherwise direct in writing.

The Owner will designate, when necessary, a representative authorized to act on the

Owner’s behalf with respect to the Project. The Owner, or such representative as may be authorized, shall examine the documents submitted by the Architect and will render decisions pertaining thereto as promptly in accordance with the Design Schedule as reasonably appropriate under the circumstances.

2. Construction Manager Representative

The Owner will require that Construction Manager designate, when necessary, a

representative authorized to act on the Construction Manager’s behalf with respect to the Project.

VIII. SUBCONSULTANTS

A. SELECTION AND RETENTION OF SUBCONSULTANTS

Prior to the award of any Subconsultant subcontract, the Architect shall consult with the Owner and Construction Manager and shall submit the name of the proposed Subconsultant and proposed subcontract form to the Owner and Construction Manager for approval. The Owner reserves the right to disapprove any proposed Subconsultant for any reason. Copies of executed Subconsultant subcontracts shall be provided to Owner and Construction Manager.

The Architect shall bind each and every Subconsultant to the terms stated herein

and shall require that all persons rendering Services under this Agreement are properly licensed to provide such Services in the locale in which the Project is located.

The Architect hereby agrees to include a provision in all subcontracts issued for

Services hereunder allowing the Architect to assign said subcontract to the Owner or Owner’s designee without the Subconsultant’s consent. The Architect shall require all Subconsultants to include a similar assignment provision in each and every subcontract Subconsultant issues for Services hereunder.

The Architect agrees that it shall be solely and completely responsible for the

performance of the Subconsultants. The Architect hereby affirms that it will be fully responsible for the acts, errors and omissions of its Subconsultants and shall to the fullest extent permitted by law fully indemnify, defend, and save harmless the Owner, Construction Manager, their shareholders, directors, officers, agents, employees, and assigns from any and all claims, liabilities, suits, damages and losses which arise on account of services rendered by the Subconsultants.

The Architect shall coordinate its Services with the Work of the Owner’s separate

contractors and consultants, including the Owner’s Consultants and Constructor and all other Consultants and with the Owner and Construction Manager. The Owner will provide information generated by Owner’s separate contractors and consultants, including the Owner’s

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Consultants, to the Architect, but will not guaranty the accuracy, sufficiency or completeness of the Owner’s Consultants Services.

B. COMPENSATION OF SUBCONSULTANTS

The Architect shall be responsible for and shall include in its fixed price or agreed

percentage of Construction Cost for professional services to be performed under this Agreement, the cost of the services of all Subconsultants retained by the Architect with the approval of the Owner as may be necessary to accomplish the design and construction services herein, and compensation for the services to be provided by the Subconsultants shall be included in the fee charged for Basic Services by the Architect under Article VI, Compensation.

The Architect shall pay each of the Subconsultants within ten (10) days (or such

shorter period as required by law) of the Architect’s receipt of payment from the Owner for undisputed services provided by each of the Subconsultants. The Architect shall pay interest of 1-1/2 percent per month (or any part of a month) to any of the Subconsultants on an undisputed amount not paid on time to the Architect’s Subconsultant. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less that $100, the Architect shall pay the actual penalty due to the Subconsultant in accordance with Minnesota Statutes.

IX. OWNERSHIP OF DOCUMENTS

Architect hereby grants the Owner, Construction Manager and all contractors,

subcontractors, suppliers and consultants retained in connection with the Project an unrestricted license and right of use of all designs, drawings, specifications, models, renderings and work product prepared in connection with the Project, including all patents, copyrights, trademarks, service marks and other intellectual property rights limited to the Project, but only for the limited purpose of constructing and promoting the Project. Upon termination of this Agreement by the Owner pursuant to Article XII or, in any event upon payment by Owner to the Architect of all sums due hereunder, all drawings, specifications, models, renderings and work product prepared in connection with the Project, including all patents, copyrights, trademarks, service marks and other intellectual property rights limited to the Project, shall become the property of the Owner and each contract with each of the Subconsultants shall reflect this provision. The Architect shall deliver all such drawings, specifications, models, renderings and work product to the Owner if requested and the Architect agrees to make no further use thereof, except for such drawings, specifications, and products of service which are proprietary to the Architect or its Subconsultants or which are general in nature. Nevertheless, it is understood by the Owner that all such drawings, specifications, models, renderings and work product may be inappropriate for use in the construction of any other project. Therefore, the Architect shall not be responsible for the use or workability of such drawings, specifications, models, renderings and work product in connection with any project other than the project for which they were specifically prepared.

The obligations of the Architect under this section will be performed by Architect, and

the licenses, rights of use, ownership, and other benefits received or to be received by Owner under this section will be received by Owner, at no additional compensation to Architect other than the agreed fee charged for Basic Services by the Architect under Article VI, Compensation.

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X. INDEMNIFICATION

The Architect shall be responsible for and shall to the fullest extent permitted by law indemnify the Owner, Construction Manager and Vikings against any and all losses to the extent arising out of any acts, errors or omissions of Architect or those of its agents, employees, or Subconsultants, in connection with the performance of the Services under this Agreement, and will be responsible for all costs, losses, damages, or expenses (including attorney fees and other reasonable costs of defense) arising out of such losses.

Architect shall to the fullest extent permitted by law indemnify and save harmless the

Owner, Construction Manager and Vikings, and all of their representatives, partners, and lenders, from any suits, actions, or claims and from any resulting costs, damages, liens, judgments, expenses, or losses (including attorney fees and other reasonable costs of defense), of any nature, kind or description, which result from any claimed infringement of any copyright, patent or other intangible property right by Architect or any of its Subconsultants or their employees, agents, or representatives, or anyone for whose acts Architect may be liable.

The Architect shall to the fullest extent permitted by law indemnify and save harmless the

Owner, Construction Manager and Vikings, and all of their representatives, partners, and lenders, from any suits, actions, or claims and from any resulting costs, damages, liens, judgments, expenses, or losses (including attorney fees and other reasonable costs of defense), arising out of injuries or damage sustained by persons or property to the extent caused by any acts, errors or omissions of the Architect or any of its Subconsultants or their employees, agents, or representatives, or anyone for whose acts Architect may be liable. The Architect shall require each Subconsultant to include these same indemnification provisions in their contracts with the Architect.

The terms and provisions of this Article X shall survive the expiration or termination of

this Agreement.

XI. INSURANCE

A. ARCHITECT’S INSURANCE

Architect shall procure and maintain, at its own cost, with companies authorized to do business in Minnesota or otherwise acceptable to the Owner, the insurance outlined herein for coverages at not less than the prescribed minimum liability limits for claims caused or contributed to by Architect. The insurance coverages and liability limits to be provided by Architect shall be described below.

B. PROFESSIONAL LIABILITY INSURANCE

Architect, at Architect’s sole cost and expense, shall purchase and maintain

insurance to protect against claims arising out of the performance of Architect’s Services for the Project caused by any errors, omissions or acts for which Architect is legally liable. Such professional liability insurance shall have minimum limits of Ten Million Dollars ($10,000,000) per claim and a per claim deductible not in excess of Two Hundred Fifty Thousand Dollars ($250,000). Architect shall keep such insurance in effect for a period of not less than six (6)

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years after the date of completion of its Services for the Project. If such professional liability insurance is written on a claims-made basis, such insurance shall have a retroactive date no later than the date of this Agreement and shall include a supplemental extended reporting period provision. The policy shall allow for circumstance reporting.

The Architect shall require that all Subconsultants maintain professional liability

insurance in the amounts set forth in Exhibit J or in such lesser amounts that are reasonably acceptable to Owner and Architect and in accordance with the terms and conditions of this Section B, and that all Subconsultants comply with all other provisions of this Article XI.

Architect, at ArchitectOwner’s sole cost and expense, shall purchase and

maintain Project Errors and Omissions insurance to protect against claims arising out of the performance of Architect’s Services and the services of the Construction Manager and Subconsultants for the Project caused by any errors, omissions or acts for which any of the Architect, the Construction Manager, or the Subconsultants is legally liable. Such professional liability insurance shall have minimum limits of Ten Million Dollars ($10,000,000) per claim and a per claim deductible not in excess of Two Hundred Fifty Thousand Dollars ($250,000). Architect shall keep such insurance in effect for a period of not less than six (6) years after the date of completion of its Services for the Project. If such professional liability insurance is written on a claims-made basis, such insurance shall have a retroactive date no later than the date of this Agreement and shall include a supplemental extended reporting period provision. The policy shall allow for circumstance reporting.

C. WORKER’S COMPENSATION, LIABILITY AND VALUABLE PAPERS INSURANCE

During the entire term that this Agreement shall remain in effect, the Architect

and the Subconsultants, each at its sole cost and expense, shall obtain and maintain the following insurances in not less than the following amounts:

1. Workers’ Compensation insurance in amounts as required by statute.

2. Employers’ Liability insurance in an amount not less than $1,000,000 for

bodily injury each accident; $1,000,000 for Bodily Injury by Disease for Each Employee; and $1,000,000 for Bodily Injury Disease Aggregate.

3. Commercial General Liability insurance on an occurrence basis in an

amount of not less than $2,000,000 per occurrence combined single limit for bodily injury (including death) and property damage. Such Commercial General Liability insurance shall include, but not be limited to, the following coverages:

Blanket contractual coverage; Personal and advertising injury; Independent contractors; Explosion, collapse and underground hazards (x, c, u) included.

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4. Automobile Liability Insurance.

Architect will maintain Primary Automobile Liability Insurance, covering all owned, non-owned, hired, leased and/or borrowed vehicles. Such insurance shall have limits of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate.

5. Valuable Papers insurance to protect against destruction of valuable

papers and records on an all-risk basis for the full replacement cost thereof.

6. Umbrella/Excess Liability Insurance.

Architect will maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described above which is at least as broad as each area of the underlying policies. Such umbrella/excess insurance shall have a combined single limit and aggregate limit of not less than $8,000,000. The amounts of insurance required above may be satisfied by Architect purchasing coverage for the limits specified or by any combination underlying and umbrella limits so long as the total amount of insurance is not less than the limits specified above when added to the umbrella a/excess limit specified herein.

The Subconsultants shall maintain coverage limits in amounts reasonably acceptable to

the Owner.

D. OTHER INSURANCE REQUIREMENTS

The insurance policies required in the above sub-paragraphs 3) and 4) of Section XI.C shall name the Owner and the Construction Manager as additional insureds and shall be endorsed to be primary and non-contributory with any insurance otherwise carried by Owner or Construction Manager. All insurance required hereunder a) shall be written with insurers authorized to do business in the State of Minnesota and rated A- IX by AM Best & Co.; b) shall provide to Owner and Construction Manager 90 days advance written notice of reduction, cancellation or non- renewal and; c) shall waive all rights of subrogation against Owner and Construction Manager.

E. CERTIFICATES OF INSURANCE

Prior to the commencement of work relative to this Agreement and upon the

renewal of any of the insurance policies required hereunder, the Architect shall furnish certificates of insurance to Owner, Construction Manager and Vikings as evidence of the insurance and conditions required in Sections XI.A, XI.B, and XI.C. Architect shall provide the Owner, the Construction Manager and the Vikings with certificates of insurance on an ACORD form, completed by a duly authorized representative evidencing that at least the minimum coverages required here are in effect and specifying that the liability coverages (except professional liability) are written on an occurrence form. The Architect will declare on the Certificate of Insurance whether the policies have a deductible or self-insured retention and, if there is a self-insured retention, the amount of such self-insured retention.

1. Failure of the Owner or its designated representative to demand such a

certificate or other evidence of full compliance with these requirements or failure of the

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Owner or its designated representative to identify a deficiency from evidence provided will not be construed as a waiver of Architect’s obligation to maintain such insurance.

2. The acceptance of delivery by the Owner or its designated representative

of any certificate of insurance evidencing the required coverages and limits does not constitute approval or agreement by the Owner that the insurance requirements have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements.

3. The Owner will have the right, but not the obligation, of prohibiting

Architect or any Subconsultants or professional subcontractors from entering the Project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by the Owner.

4. If Architect fails to maintain the insurance as set forth here, the Owner

will have the right but not the obligation, to purchase said insurance at Architect’s expense. Alternatively, Architect’s failure to maintain the required insurance may result in termination of this contract at the Owner’s option.

5. If any of the coverages are required to remain in force after final payment,

an additional certificate evidencing continuation of such coverages will be submitted with Architect’s final invoice.

F. POLICIES

All insurance will be provided through companies authorized to do business in the

State of Minnesota and considered acceptable by the Owner. Certified copies of all insurance policies required will be provided to the Owner within ten (10) days of the Owner’s written request of those copies.

G. INSURANCE PRIMARY

All coverages required of Architect or Subconsultants or professional subcontractors will be primary over any insurance or self-insurance program carried by the Owner, the Construction Manager or the Vikings.

H. NO REDUCTION OR LIMIT OF OBLIGATION

By requiring insurance, the Owner does not represent that coverage and limits

will necessarily be adequate to protect Architect. Insurance effected or procured by Architect will not reduce or limit Architect’s contractual obligations described herein to the Owner for claims or suits which result from or are connected with the performance of this Contract.

I. ADDITIONAL INSURED

To the extent commercially available, policy or policies providing insurance as

required, with the exception of professional liability and workers’ compensation, shall include the Owner, the Construction Manager and the Vikings and their respective employees and

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officers as additional insureds on a primary basis for work performed under or incidental to this contract. The form of the additional insured endorsement will be ISO CG 20 10 11 85 (Form B) or its equivalent. If the additional insured has other insurance applicable to the loss it will be on an excess or contingent basis. The amount of Architect’s insurance will not be reduced by evidence of such other insurance.

J. DURATION OF COVERAGE

All required coverages will be maintained without interruption during the entire

term of this Agreement.

K. RETROACTIVE DATE AND EXTENDED REPORTING PERIOD

If any insurance required here it to be issued or renewed on a claims - made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the Project and will state that in the event of cancellation or non-renewal, Architect shall procure tail coverage for at least thirty-six (36) months.

L. COOPERATION

Architect and the Owner agree to fully cooperate, participate and comply with all

reasonable requirements and recommendations of the insurers and insurance brokers issuing or arranging for issuance of policies required here, in all areas of safety, insurance program administration, claim reporting and investigating and audit procedures.

XII. TERMINATION

The Owner may, upon seven (7) days’ written notice, terminate the Architect’s Services

under this Agreement for its convenience and without cause, in which case the Architect shall be entitled to that compensation earned under Article III of this Agreement for (i) Basic Services performed through the date of termination, (ii) Additional Services performed through the date of termination with prior approval by Owner in accordance with the schedules of fees and expenses for such Additional Services and (iii) Reimbursable Expenses incurred through the date of termination. Payments for such Basic Services, Additional Services and Reimbursable Expenses shall be made in accordance with the provisions of Section VI.D above following the Owner’s receipt of all drawings, specifications, models, renderings and all other work product pursuant to Article IX above. In the event of such termination, Architect will not be entitled to any lost profits, damages, termination expenses, or any other compensation except as specifically provided above in this Article.

The Architect may suspend performance of Services under this Agreement upon not less

than ten business days’ notice to Owner in the event Owner fails to make an undisputed payment under this Agreement that is properly due and payable to the Architect unless such undisputed payments are made prior to expiry of such notice period.

This Agreement may be terminated by either party upon not less than 30 days’ prior

written notice should the other party fail to make an undisputed payment under this Agreement and such undisputed payment is not made prior to the expiry of such notice period or should the

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other party fail substantially to perform its obligations in conformance with the terms of this Agreement through no fault of the party initiating the termination and shall fail to cure such default prior to expiry of such notice period. Any notice of default shall state in reasonable detail the nature of the alleged default.

XIII. ASSIGNMENT

The Owner may sell, assign, hypothecate, pledge or otherwise transfer or dispose of all or

a portion of the Project or its rights under this Agreement in its sole discretion, without the consent of the Architect, so long as (a) the rights and obligations of the Owner under this Agreement are assigned in connection therewith, (b) all payments due Architect under Article VI have been paid current, and (c) the proposed transferee of Owner is of good reputation and has adequate financial resources. The Architect shall execute all consents reasonably required to facilitate such assignment. The Architect may not assign this Agreement or any of its obligations to perform under this Agreement without the express written consent of the Owner.

XIV. DISPUTE RESOLUTION

A. DISPUTE RESOLUTION PROCEDURES

Any claims brought under this Agreement shall be subject to the dispute

resolution procedures set forth in Exhibit L attached hereto, including the on-site, expedited alternative dispute resolution process set forth therein. Failure of either Party to comply with the provisions of the ADR Procedures shall be in contravention of the Parties’ express intention to implement this alternative means of dispute resolution and shall constitute a waiver by such Party of any claim with respect to which it fails to comply with the provisions of the ADR Procedures in any material respect.

B. CONTINUED PERFORMANCE

In the event of any dispute arising by or between the Parties, each Party shall

continue to perform as required under the Contract Documents notwithstanding the existence of such dispute. In the event of such a dispute, the Owner shall continue to pay Architect as provided in the Contract Documents, except only such amount as may be disputed.

C. PREVAILING PARTY

In the event of any dispute between the Parties, the prevailing Party shall be

awarded its reasonable attorneys’ fees and costs, in addition to any other damages or other amounts to which it may be entitled; provided, however, a plaintiff shall not be a prevailing Party unless it is awarded a judgment which exceeds the last written offer of settlement from the other Party.

XV. NO WAIVER

No failure or delay of a party in the exercise of any right given to such party hereunder or

by law shall constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude other further exercise thereof or of any other right. The waiver by a party of any breach

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of any provision hereof shall not be deemed to be a waiver of any subsequent breach thereof or of any breach of any other provision hereof.

XVI. EXTENT OF AGREEMENT

This Agreement represents the entire and integrated agreement between the parties hereto

and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by written instrument signed by both parties hereto.

XVII. APPLICABLE LAW AND VENUE

This Agreement shall be construed in accordance with the laws of the State of

Minnesota. Each party to this Agreement (a) agrees that any suit, action or other legal proceeding arising out of this Agreement or any related agreements or any of the transactions contemplated hereby or thereby shall be brought in the courts of record of the State of Minnesota or the courts of the United States located in Minnesota; (b) consents to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts.

XVIII. NOTICES

A. Any notice provided for in or permitted under this Agreement shall be made in writing, and may be given or served by (i) delivering the same in person or by facsimile transmission to the party to be notified, or (ii) depositing the same in the United States mail, postage prepaid, registered or certified with return receipt requested, and addressed to the party to be notified at the address herein specified, or (iii) by depositing same with a reputable overnight courier service. If notice is deposited in the United States mail pursuant to clause (ii) of this Article, it will be effective from and after the day it is received by the addressee or receipt thereof is refused by the addressee, unless such day is not a business day, and then it shall be deemed received on the next business day. Notice given in any other manner shall be effective only if and when received by the party to be notified unless the day it is received is not a business day, and then it shall be deemed received on the next business day. For the purpose of notice, the address of the party shall be, until changed as hereinafter provided, as follows:

If to Owner, to: Metropolitan Sports Facilities Commission

900 South Fifth Street Minneapolis, MN 55415 Attention: Executive Director Fax No.: 612-332-8334

with a copy to:

McGrann Shea Anderson Carnival Straughn & Lamb, Chartered 800 Nicollet Mall, Suite 2600 Minneapolis, MN 55402-7035

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Attention: Kathleen M. Lamb Fax No.: 612-339-2386

If to Architect, to:

[Architect] [Address] Attention: Fax No.:

with a copy to:

[Recipient] [Address] Attention: Fax No.:

If to Vikings, to:

Minnesota Vikings, LLC 9520 Viking Drive Eden Prairie, MN 55344 Attention: Fax No.: 952-828-6514

B. Each party shall have the right from time to time and at any time to change its respective address and each shall have the right to specify as its address any other address by at least fifteen (15) days’ written notice to the other party. Each party shall have the right from time to time to specify additional parties to whom notice hereunder must be given by delivering to the other party fifteen (15) days’ written notice thereof setting forth the address of such additional party or parties; provided, however, that no party shall have the right to designate more than three (3) such additional parties. Notice required to be delivered hereunder to either party shall not be deemed to be effective until the additional parties, if any, designated by such party have been given notice in a manner deemed effective pursuant to the terms of this Article XVIII.

XIX. AUDIT

Owner reserves the right to request supporting documentation for all amounts charged to

Owner. The Architect shall maintain cost accounting records relating to the performance of this Agreement in accordance with generally accepted accounting practices. The Owner shall have the right to inspect and copy all books, records, and documents (in whatever medium they exist) as well as all accounting procedures and practices of the Architect, its agents, and Subconsultants. The Architect shall make such items available for inspection during normal business hours at the Architect’s place of business. All such items shall be retained by the Architect during the term of this Agreement and for a period of three (3) years after final acceptance. Owner reserves the right to audit any other supporting evidence necessary to substantiate charges related to this Agreement, both direct and indirect costs, including overhead allocations as they may apply to costs associated with this Agreement. If requested by Owner or

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Construction Manager, Architect will provide supporting records in a computer readable format as well as a hard copy.

The Owner shall have the right to adjust the Agreement price for the failure or refusal of

the Architect to provide access to such records. Computational or clerical errors made by the Architect in the preparation of an invoice, final payment or change order shall be corrected as follows: The Owner or Architect will advise the other of any such finding. If the error favors the Architect, the Owner will issue a modification correcting the error and reimburse the Architect for the error. If the error favors the Owner, the Architect shall make an adjustment on the next due progress payment statement, identifying the change order and deducting the amount of the overpayment. If final payment has been made, the Architect shall make payment in response to a formal demand issued by the Owner.

XX. ADA COMPLIANCE

The Architect agrees that the design of all improvements shall be in compliance with the

current understanding and interpretation of the Americans with Disabilities Act Guidelines, Appendix A to the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 through 12213 and with adherence to any governing bodies having jurisdiction regarding access to the Project by the physically handicapped.

XXI. CONFIDENTIALITY

Architect shall not use or disclose and shall not permit others to use or disclose

Confidential Information without prior written approval of the Owner, Construction Manager or Vikings. Architect may disclose the Confidential Information only to those employees that have a need to know the Confidential Information for the Project and only upon the following conditions: (1) the employees have each agreed in writing to Architect’s obligations under this Article XXI, and (2) Architect has provided the original written agreement to the Owner, Construction Manager and Vikings.

“Confidential Information” means all knowledge, information, data, materials, and trade

secrets of the Owner, Construction Manager and Vikings gained, obtained, derived, produced, generated or otherwise acquired by Architect and its agents, employees, contractors and Subconsultants with respect to the Project. “Confidential Information” shall not include any information (1) that is or becomes publicly available without a breach of this Agreement or (2) that Architect can show (by contemporaneous written records) Architect had in its possession before beginning the Project and before disclosure by Owner, Construction Manager or Vikings.

Architect and its employees, agents, contractors and Subconsultants shall not make or

otherwise disseminate any public announcement or press release with respect to the Project without the prior written approval of the Owner, Construction Manager and Vikings.

Architect agrees that the Confidential Information constitutes valuable trade secrets of the

Owner, Construction Manager or Vikings and that money damages cannot fully remedy any breach of this Article XXI. Architect agrees that the Owner, Construction Manager or Vikings may obtain an injunction to prevent or enjoin any breach of the obligations of this Article XXI.

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XXII. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION

The Architect shall not discriminate against any of its subcontractors, employees or applicants for employment or subcontracting because of race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, status as a Vietnam veteran or a veteran with a disability, or sexual orientation.

The Architect agrees to abide by the equal opportunity and affirmative action provisions

set forth in this Article XXII and in Exhibit M, which is incorporated into this Article XXII by reference. Architect agrees to complete the State of Minnesota – Affirmative Action Data Page attached as Exhibit N, and to provide documentation of compliance if necessary.

The Architect hereby agrees to include the provisions of this Article XXII in all

subcontracts issued for Services hereunder, as modified in such subcontracts to reflect that the Subconsultants and other parties in such subcontracts are subject to the same equal opportunity and affirmative action obligations to which the Architect is subject under this Article. The Architect shall require all of the foregoing Subconsultants and other parties to include the same, modified equal opportunity and affirmative action obligation provisions in each and every subcontract that Subconsultants and other parties issue for Services hereunder.

XXIII. OWNER IMMUNITY AND LIMITATIONS ON LIABILITY

Nothing contained in this Agreement, including but not limited to any insurance required

under this Agreement or otherwise carried by Owner, shall in any way affect or impair the Owner’s immunity or the immunity of the Owner’s employees or consultants or independent contractors, whether on account of official immunity, legislative immunity, statutory immunity, discretionary immunity or otherwise. Nothing contained in this Agreement, including but not limited to any insurance required under this Agreement or otherwise carried by Owner shall in any way affect or impair the limitations on the Owner’s liability or the liability of the Owner’s employees or consultants or independent contractors, set forth in Minnesota Statutes Chapter 466. By entering into this Agreement, the Owner does not waive any rights, protections or limitations provided for the Owner or its employees or consultants or independent contractors under the various rules of governmental immunity or under Minnesota Statutes Chapter 466.

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IN WITNESS WHEREOF, this Agreement has been executed to be effective as of the day and year first above written.

OWNER: METROPOLITAN SPORTS FACILITIES

COMMISSION

Chair

Executive Director ARCHITECT: [ARCHITECT]

(Title)

A-1

EXHIBIT A ARCHITECTURAL

PROGRAM

Programmatic design elements and work that will be analyzed for the Owner include: Ability to meet or exceed the requirements for a National Football League Franchise and

a Super Bowl event.

Ability to be multipurpose and be utilized for the following events o NCAA Men’s or Women’s Championship Basketball o Professional or amateur soccer o Motorsports events o Trade shows, community, or cultural events o Amateur baseball o Other national or international events

Climate controlled facility with a retractable roof It is the desire of the Owner to evaluate whether any existing structure, systems, or equipment can be reused and retained for the reconstruction of a stadium. The architect shall review and determine to what extent necessary demolition must occur to the HHH Metrodome as part of the reconstruction.

Develop a sustainable design that achieves LEED certification if constructed Programmatic design elements must meet or exceed the requirements of the National Football League. The following programmatic design elements have been provided by the Vikings:

65,000 seats expandable to 72,000 seats for a Super Bowl Seating that meets all current ADA requirements 7,500 club seats (included in above seat count) 150 private suites. Suites to have size, capacity, and amenities of comparable NFL facilities

1155 car parking structure onsite as part of a 2500 parking spot requirement adjacent to the stadium Vikings Hall of Fame area Vikings team store State of the art audio and high definition video systems Restroom facilities which meet or exceed current stadium designs especially for women and families Compliance with all relevant codes including storm water management Increased numbers and improved means of vertical transportation within the facility including passenger elevators and escalators Loading dock and television truck areas (Minimum 60,000 sq. ft.) State of the art team locker and training facilities for game day Player and coaching staff family waiting areas Building Size approximately 1.6 million square feet

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Security elements and building setbacks consistent with current NFL and State of Minnesota requirements Exterior fan plaza areas for pregame production elements Club and restaurant opportunities within the stadium Concessions points of sale consistent with current NFL stadium design as well as necessary back of the house work areas.

Additional office spaces for the Vikings and Owner including but not limited to ticketing, sales and marketing, conference room, concessionaire office, employee locker, and all other necessary spaces as usual and normal

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EXHIBIT B

PRELIMINARY PROJECT SCHEDULE

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EXHIBIT C

CONCEPTUAL AND SCHEMATIC DESIGN TASKS AND DELIVERABLES*

A. Conceptual Design Phase Tasks & Responsible Party

Program analysis/review; Architect Utility review; Architect Environmental assessment for review by Architect and Construction Manager; Owner Code assessment; Architect Project budget, planning/cost analysis; Construction Manager Budget categories; Construction Manager Project schedule; Construction Manager Site Analysis; Architect Confirm design durations for schematic design, design development, contract

document; Architect Review and determine any systems, structure, and equipment that can be reused as

part of stadium reconstruction; Architect

Conceptual Design Phase Deliverables & Responsibilities – Due November 11, 2008

Preliminary project work plan; Architect Programming report for review/signoff by Owner/Vikings; Architect Preliminary total project budget; Construction Manager Completed predesign document, concept sketches, and renderings; Architect

B. Schematic Design Phase Tasks & Responsible Party

Project team/or subconsultant determination with recommendation of Architect and

Construction Manager; Owner Project Delivery Method with input from Architect, Construction Manager, and

Vikings; Owner Constructability Review; Construction Manager Develop recommended building close down/reconstruction schedule; Construction Manager Develop project phasing requirements; Construction Manager Identify permit process; Construction Manager Identify necessary review periods/timeframes; Construction Manager Confirm construction durations; Construction Manager Determine and establish deadlines for Certificate of Occupancy, Substantial Completion, and Final Completion; Construction Manager

Hold sustainability work session in order for project team to work on specific strategies for meeting sustainability goals; Architect

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Evaluate status of project’s energy consumption analysis, code compliance, and efficiency goals. Reference MN State B3 guidelines; Architect

Evaluate building’s energy consumption using an energy model. Refine project’s energy efficiency goals; Architect Discuss/determine any other energy, salvage, reuse, recycling options; Architect Provide site civil survey for review by Architect and Construction Manager; Owner Review/Develop storm water management needs; Architect Develop utility connection points and invert elevations; Architect Develop landscape, hardscape, and grading plan; Architect Develop traffic and pedestrian circulation plan; Architect Review construction parking standards including traffic control, detours, staging areas, crane locations, permits, and lane closures; Construction Manager Review emergency services access and staging; Construction Manager Assess needs/location for temporary fencing, webcam, and security officers; Construction Manager Review issues of public art both interior and exterior; Architect Review loading dock location and access; Architect Provide geotechnical and environmental data for review by Architect and Construction Manager; Owner

Determine and review setback requirements both from a code perspective but also including NFL security requirements; Architect Reconfirm programmatic requirements; Architect Consider impact of structural systems on surrounding spaces due to noise and vibration; Architect Review design intent; Architect Develop outline specification integrating systems, products, and procedures; Architect Review utility loads; Architect Review code compliance; Architect Review any public art process themes; Architect Integrate building components with permanent storm water plans; Architect Develop building demolition plans; Architect Locate and size mechanical, electrical (stack), telecom (stack), custodial closets/storage, and toilets of men, women and family (stack); Architect Develop skin materials and colors; Architect Confirm massing; Architect Develop floor plans; Architect Develop building circulation systems, entrances, horizontal and vertical; Architect Review roof systems both fixed and moveable, gutters, and downspouts; Architect Review screening and sightlines; Architect Develop square footage; Architect Determine and review room numbering systems; Architect Develop and review color renderings for Owner design approval; Architect Review x-ray equipment and room requirements; Architect

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Provide Building Code summary; Architect Provide information on hazardous materials and removal/remediation for review by Architect and Construction Manager; Owner Develop MEP/FP system design; Architect Provide calculated energy loads for MEP; Architect Develop ceiling and vertical chase strategy for MEP/FP; Architect Review code requirements for MEP/FP/Food Service; Architect Develop single line drawings for MEP/FP; Architect Review and confirm total budget developed in Concept Phase; Construction Manager Identify budget variances, lump sum or not to exceed amounts, proposed add/or deduct alternate items; Construction Manager Develop and finalize strategy to reconcile variances; Construction Manager Review preliminary costs for labor/materials of construction, allowances, contingencies both design/construction, bonds, insurances, fees, and general conditions; Construction Manager

Community/legislative presentations with participation by Architect and Construction Manager; Owner

Develop and review requirements for Owner - events of baseball, soccer, motorsports, and NCAA basketball; Architect

Schematic Phase Deliverables – Architect Deliverables Due January 20, 2009; Construction Manager Deliverables Due February 10, 2009

Design documents; Architect Code summary; Architect Total project budget cost estimate; Construction Manager Program elements by gross square footage; Architect Proposed project schedule; Construction Manager Renderings/drawings/video/models as required by Owner; Architect

*This listing contains necessary tasks to be performed and completed by the assigned Project team members. Other Project team members will participate in the tasks as appropriate. It is not represented to be a complete and final list. There may be additional tasks necessary to complete the work.

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EXHIBIT D

OWNER’S CONSULTANTS SERVICES Geotechnical Consulting Services

Testing Consulting Services

Traffic Consulting Services

Environmental (EIS) Consulting Services Boundary and Topological Surveys

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EXHIBIT E

FORM OF MONTHLY INVOICE

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EXHIBIT F

ARCHITECT'S STAFF

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EXHIBIT G

HOURLY RATES FOR ADDITIONAL SERVICES

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EXHIBIT H

ADDITIONAL SERVICES WHEN CONSTRUCTION MANAGER ACTS AS CONSTRUCTOR

Architect agrees that if the Owner, at its option and sole discretion, selects the Construction Manager to serve as the Constructor for the Project, the Architect will perform the following Additional Services set out in this Exhibit for a lump-sum fixed price of $ . These Additional Services are in addition to and not in lieu of the Basic Services to be provided by Architect during the Bidding and Negotiation Phase, Construction Administration Phase and Post-Construction Phase, as the case may be.

1. Bidding or Negotiation Phase. The Architect will serve as the professional

consultant and advisor to the Owner during the negotiation of a guaranteed maximum price (GMP) contract for construction of the Project by the Construction Manager. In such capacity, the Architect will review bids or proposals of the Construction Manager and any subcontractors, prepare analyses, make recommendations to the Owner, advise Owner on the acceptability of the subcontractors for the Project, and prepare and negotiate the Project Construction Contract for approval and execution by Owner.

2. Administration. The Architect will provide administration of the Project

Construction Contract and Contract Documents and will be the Owner’s representative during the Bidding and Negotiation, Construction Administration and Post-Construction Phases of the Project. Since the Construction Manager will be acting as Constructor for the Project, the administrative, consultation and oversight services it would provide to the Owner under Section IV.B during the Bidding and Negotiation, Construction Administration and Post-Construction Phases of the Project will devolve to the Architect and the Architect will provide such services as though the Construction Manager were not named as having any responsibility therefor. Nothing herein shall release or relieve any of the Construction Manager’s obligations as Constructor under the Project Construction Contract or Contract Documents.

3. On-Site Presence. Architect shall maintain competent full-time staff at the site

during the Construction Administration Phase to coordinate construction of the work. The on- site staff shall have experience on projects of the nature and magnitude of this Project. The on- site staff shall conduct on-site observations and spot checks of the work in progress as a basis for determining conformance of the work with the Contract Documents, assist the Constructor’s superintendent in understanding the intent of the Contract Documents, communicate with the Architect and Owner regarding any details or information required at the site for proper execution of the work, be alert to the construction schedule and to conditions that may cause a delay in completion, keep a daily dairy or log book recording hours on site, weather conditions, daily activities, observations and decisions, and otherwise attend to activities on-site and progress of the work.

4. Critical Path Schedule. Architect shall direct the Constructor (and others, where

appropriate) to prepare and update a critical path schedule for completion of the Work. In the

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event of delays impacting the critical path schedule, Architect shall make recommendations to Owner for corrective action by the Constructor.

5. Monthly Reporting. During the Construction Administration Phase, the Architect

shall furnish to Owner monthly reports containing (i) a status of construction; (ii) a comparison of the GMP to the Construction Costs incurred through the date of the report and a comparison of the Project Schedule to the work actually completed through the date of the report; (iii) a summary of change orders made during the month covered by the report; (iv) any revision to the Project Schedule and/or GMP made during the month covered by the report; (v) a list of all pending change orders and all outstanding issues requiring action or approval by Owner; and (vi) any other reports concerning the progress or cost of the Project as Owner may reasonably request.

6. Construction Meetings. The Architect shall schedule and conduct meetings to

discuss construction procedures, progress and scheduling with the Construction Manager acting as Constructor. The Architect shall prepare or direct the Construction Manager to prepare minutes of such meetings and promptly distribute such meeting minutes to Owner and the meeting attendees.

7. As-Built Plans. Architect shall obtain from the Construction Manager acting as

Constructor record drawings or, if required by the Project Construction Contract, “as-built” drawings, as construction progresses.

8. Constructor Performance. Architect will cause the Construction Manager acting

as Constructor to maintain a daily log containing the number of workers, hours worked by such workers, equipment used, work accomplished, problems encountered and other relevant data as the Owner may require. Although Architect shall not guarantee the performance by the Construction Manager, Architect shall recommend courses of action to the Owner when Owner or Architect becomes aware that requirements of the Project Construction Contract are not being fulfilled or when the Construction Manager falls behind in its schedule; shall communicate recommendations, as directed by the Owner, to the Construction Manager on behalf of the Owner; shall monitor the Construction Manager’s performance of such recommendations; and shall report the Construction Manager’s progress to the Owner on at least a monthly basis.

9. Deficient Work. The Architect shall notify Owner if the Architect becomes aware

that the work of the Construction Manager acting as Constructor is not being performed in accordance with the requirements of the Contract Documents. As appropriate, the Architect shall have authority, with written authorization from the Owner, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is covered, installed or completed. The Architect shall review any and all test reports and notify the Owner and the Construction Manager, as appropriate, of deficiencies in the Work of which Architect becomes aware and shall make recommendations to Owner with respect thereto. With the written authorization of Owner, the Architect may reject work which does not conform to the requirements of the Project Construction Contract or Contract Documents.

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10. Project Start-Up and Commissioning. The Architect together with the Owner shall monitor and observe the testing, start-up and commissioning of all utilities, systems and equipment for the Project, including without limitation, mechanical, electrical, and plumbing systems, roof mechanization systems, concessions infrastructure, scoreboards, electronic signage, and audio and broadcast infrastructure. Owner shall make available appropriate employees for training on such systems and equipment during the start-up process.

11. Project Close-Out. The Architect shall complete the final close-out of the Project

by (i) obtaining or causing the Construction Manager to obtain, all governmental approvals and permits required for the legal use and occupancy of the Project, (ii) obtaining all warranties, guarantees and installation manuals the Construction Manager is required to provide pursuant to the Project Construction Contract, (iii) obtaining all affidavits, waivers, and releases the Construction Manager is required to provide pursuant to the Project Construction Contract to achieve final completion of the Work, (iv) analyzing all claims (including change order disputes and other claims for extra compensation) asserted by the Construction Manager, (v) collecting and/or otherwise resolving any and all backcharge claims that Owner may assert against the Construction Manager, including assistance with any legal proceedings instituted by Owner and/or any Contractor, and/or (vi) representing Owner at meetings and/or inspections scheduled by Owner and held to resolve problems relating to design, physical condition or operation of the Project to seek enforcement of warranties.

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EXHIBIT I

LIST OF SUBCONTRACTORS AND FEES

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EXHIBIT J

SUBCONSULTANT INSURANCE

1. The Structural Engineering Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $5,000,000/each claim and in the aggregate.

2. The Mechanical/Electrical/Plumbing/Fire Protection Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $5,000,000/each claim and in the aggregate.

3. The Civil Engineering Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $5,000,000/each claim and in the aggregate.

4. The Lighting Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

5. The Building Controls Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

6. The Graphics and Way-finding Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

7. The Security Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate

8. The Vertical Transportation Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

9. The Telecommunications Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

10. The Curtain Wall Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

11. The Food Service Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

12. The Sound/Video Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000/each claim and in the aggregate.

13. Roof Mechanization Subconsultant shall provide and certify to the existence of professional liability insurance in the amount of $2,000,000 each claim and in the aggregate.

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EXHIBIT K

ANTICIPATED SCHEDULE OF FIXED PRICE PAYMENTS

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EXHIBIT L

DISPUTE RESOLUTION PROCEDURES

1. With respect to any Claim, prompt notice thereof shall be given and within fourteen (14) days of the event giving rise to the Claim. At the next Project meeting following delivery of such notice, Architect and the Owner shall reserve time at the end of such Project meeting to attempt to resolve such Claim at the field level through discussions between Architect’s Senior Project Manager and the Project Representatives. If a Claim cannot be resolved through Architect’s Senior Project Manager and the Project Representatives within thirty (30) days after the initial attempt, then, Architect’s Senior Representative (to be designated by Architect) and the Owner’s Senior Representative (to be designated by Owner), upon the request of either Party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such Claim. Prior to any meetings between the Parties, the Parties shall exchange relevant information that will assist the Parties in resolving their Claim. If a Party intends to be accompanied at a meeting by an attorney, the other Party shall be given at least ten (10) days’ notice of such intention and may also be accompanied by an attorney.

2. If, after meeting, the Senior Representatives determine that the Claim cannot be resolved

on terms satisfactory to both Parties, the Parties shall, within fourteen (14) days after the meeting of the Senior Representatives, submit the Claim to non-binding mediation administered jointly by the Parties to the mediation and otherwise in accordance with the Construction Industry Claim Resolution Procedures of the American Arbitration Association (AAA) then in effect. Unless otherwise agreed by the Parties, the Parties shall select one of the pre-qualified mediators (if any) set forth in Section 9 below. Within seven (7) days after the selection of the mediator, the Parties and the mediator shall participate in a pre-mediation conference to determine the time and place of the mediation and the procedures that will govern the mediation. The cost and expense of the mediator shall be equally shared by the Parties and each Party shall submit to the mediator any information or position papers that the mediator may request to assist in resolving the Claim. The Parties will not attempt to subpoena or otherwise use as a witness any person who serves as a mediator, will assert no claims against the mediator as a result of the mediation, and will hold the mediator harmless from claims by third Parties arising out of or relating to the mediation provided for in this Section. Notwithstanding anything in the above to the contrary, if a Claim has not been resolved within one hundred twenty (120) days after the initial meeting between Architect’s project manager and the Owner Project Rep, then either party may elect to proceed under Section 5 below.

3. In the event of any dispute arising by or between the Owner and Architect, each Party

shall continue to perform as required under the Agreement notwithstanding the existence of such dispute. In the event of such a dispute, the Owner shall continue to pay Architect as provided in the Agreement, excepting only such amount as may be disputed.

4. Unless the Parties otherwise agree, if a Claim has not been settled or resolved within one

hundred twenty (120) days after the initial meeting of Architect’s project manager and the Project Representatives, then either Party shall notify the other Party of its intent to pursue the Claim further. Within fourteen (14) days after receipt or delivery (as the case may be) of such

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notice, the Owner shall send written notice to Architect specifying whether any unresolved Claim shall be resolved by either (a) litigation in a court of competent jurisdiction located in Hennepin County or (b) arbitration, conducted through any nationally recognized arbitration provider, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then currently in effect. Any such election shall be in the Owner’s sole discretion. Upon such election, either. Either Party may then commence litigation or arbitration proceedings, as the case may be. All arbitration proceedings shall be held in Hennepin County, Minnesota. If the Owner fails to send the above referenced written notice within the required fourteen (14)-day period, the Owner will be deemed to have elected to litigate the unresolved Claim.. 5. In no event shall a demand for arbitration be made after the date when institution of legal

or equitable proceedings based on such Claim would be barred by the applicable statute of limitations; provided, however, notwithstanding anything in the Agreement to the contrary, if any Claim has not been resolved to the mutual agreement of the Parties within any applicable statute of limitation period, then either Party may commence litigation on such Claim prior to the expiration of such period in order to preserve its rights.

6. Any arbitration arising out of or relating to the Agreement shall at the request of either

party include, by consolidation or joinder or in any other manner, other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. Arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not related to the matter in dispute. The agreement to arbitrate under this Exhibit shall be specifically enforceable under applicable law in any court having jurisdiction thereof. The award of the arbitrators may be entered as a judgment in any court of competent jurisdiction.

7. In any dispute between the Owner and Architect, the prevailing party in any arbitration or

litigation shall be awarded its reasonable attorneys’ fees and costs, in addition to any other damages or other amounts to which it may be entitled; provided, however, that a plaintiff shall never be considered to be a prevailing party under this provision if the final award is less than the last written offer of settlement issued by the defendant prior to the institution of either arbitration or litigation and a defendant shall be considered to be a prevailing party if the final award is less than is less than the last written offer of settlement issued by the defendant prior to the institution of either arbitration or litigation.8. Architect and Owner agree that any of the following persons will be acceptable mediators for any mediation of a Claim:

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EXHIBIT M

EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION 1.1 RULE I – EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION RULES AND

REGULATIONS

Authority, Purpose and - Scope - The purpose of these Affirmative Action Rules and Regulations (hereinafter Rules and Regulations) is to achieve the aims of the Metropolitan Sports Facilities Commission (hereinafter referred to as the Commission) to promote and ensure equal opportunity through affirmative action for all persons without regard to race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, or status with regard to public assistance, employed or seeking employment, contracting or seeking to contract with the Commission.

Administrative Responsibility - The Executive Director or designee of the Commission have been delegated authority for carrying out the responsibilities assigned by the Commission's Board of Directors that explain which Commission contractors and subcontractors are subject to or exempt from said compliance Rules and Regulations.

All correspondence regarding these Rules and Regulations should be directed to the Executive Director, Metropolitan Sports Facilities Commission, 900 South Fifth Street, HHH Metrodome, Minneapolis, Minnesota 55415 or call 332-0386.

Definitions - Unless the contract indicates otherwise or a written notice is given by certified mail the following definitions are applicable to all contractors and subcontractors:

1. Affirmative Action - Is a goal-oriented action designed to overcome the effects of

prior discrimination in employment and contracting for minorities, women, and disabled persons.

2. Affirmative Action Plan - Is a written narrative plan designed to assist an

employer to achieve its employment goals for minorities, women and disabled persons through good faith efforts in all areas of employment and contracting.

3. Affirmative Action Program - Is a written plan, wherein a contractor or

subcontractor conducts a self-analysis of all phases of its business operation to determine any problems including, but not limited to contracting, hiring, layoff, terminations, rates of pay or other forms of compensation, and selections including apprenticeship and established goals and timetables and other appropriate remedial measures.

4. Commission - Metropolitan Sports Facilities Commission.

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5. Compliance - Means a determination by the Commission and or appropriate government enforcement agency that a contractor or subcontractor is adhering to the Commission's affirmative action and non-discrimination requirements.

6. Contract - Means any contract, subcontract, agreement, purchase or

understanding, written or otherwise, for the procurement or granting of anything of service or value.

7. Contractor - Means any person(s) including any subsidiary or affiliate who is

bidding on, intends to bid or has been awarded a contract by the Commission through a competitive bidding procedure, negotiation, or other means.

8. Executive Director - Means Executive Director or designee.

9. Disabled Person - Means any person who:

A. Has a physical or mental impairment which substantially limits one or

more major life activities; or

B. Has a record of such an impairment; or

C. Is regarded as having such an impairment.

10. Equal Opportunity/Affirmative Action Clause - Unless exempted by Executive Director, all Commission contracts shall include the following provisions, specifically or by reference.

During the performance of this contract, the contractor or subcontractor agrees as follows:

(1) The contractor or subcontractor will not discriminate against any

employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age (40-70), marital status, or status with regard to public assistance, The contractor will take affirmative action to ensure that all employment and contracting practices are free of such discrimination. Such employment and contracting practices include but are not limited to the following: Bidding, negotiations, agreements, purchase orders, hiring, upgrading, demotion, promotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

(2) In the event of the contractor's or subcontractor's noncompliance with the

nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended, in whole or in part, and the contractor may be declared ineligible by the Commission for further contracts. In addition,

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the contractor or subcontractor shall be liable for any and all costs and expenses incurred by the Commission including but not limited to legal fees, consultant fees, and other sources the work and services to be rendered or performed or the goods or properties furnished or delivered to the Commission under this contract or subcontract and for administrative costs incurred in seeking compliance with the nondiscrimination clause of this contract. The Commission, when deemed appropriate may withhold payment until such time as the contractor is found to be in compliance or in the event that withholding a portion of the contract or subcontract is not a feasible alternative, then liquidated damages of one ($1,000.00) thousand dollars for each day that the Executive Director determines that there is cause to believe that the contractor or subcontractor is in noncompliance with this section shall be imposed, or is otherwise adjudicated to be in compliance.

(3) Should conciliation and persuasion fail to eliminate the complained acts or

practices, the Executive Director shall request a hearing before the Commission on the subject matter of noncompliance. Upon said referral, the Executive Director may request that sanction under paragraph (2) of this section be immediately imposed.

(4) Where the Executive Director has requested a hearing from the

Commission, the Chairperson may refer the matter to the appropriate standing committee, no later than its second next meeting, for the public hearing on the alleged noncompliance and the committee shall report its findings to the Commission. The Commission may take final action including final imposition of sanctions under paragraph (2) of this section.

11. Investigate - When the Commission deems it appropriate and necessary, to

determine compliance with these rules, regulations and applicable federal, state and local civil/human rights laws to conduct an investigation into the contractor or subcontractor compliance with said laws.

12. Letter of Intent - Means a letter from the contractor or subcontractor requesting

their compliance with affirmative action as required by the Commission and stating dollar amounts and their intent to enter into binding contract with them upon award of the contract.

13. Minority or Minorities - Means persons according to Minnesota Admin. R.

5000.3400 Subp. 18 who are Black, Hispanic, Asian or Pacific Islander, or American Indian or Alaskan Native.

14. Non-Compliance - Means a determination by the Commission that a contractor or

subcontractor is not adhering to the Commission's affirmative action and nondiscrimination requirements. The Commission may rely totally or in part on

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noncompliance findings by federal, state or local enforcement agencies in lieu of its own noncompliance investigation.

15. On-site Review - Means a review of the contractor's or subcontractor's location(s),

to determine compliance with these rules and regulations.

16. Person - Includes natural persons, corporations, companies, partnerships or unincorporated associations.

17. Pre-award - Means the time period prior to the award of a contact when the

Commission determines if a person, corporation, organization, association, company, partnership or unincorporated associations can comply with the affirmative action mandates of the Commission.

18. Subcontract - Means any agreement, arrangement or understanding, written or

otherwise between a Commission contractor, subcontractor or person furnishing supplies or services.

DUTIES OF THE COMMISSION

General Responsibilities

(1) Each director or supervisor will be held responsible for providing all the

necessary information and assistance to contractors and subcontractors to seek compliance with the equal opportunity clause.

(2) Promptly notify the Executive Director in writing whenever an application for funds exceeding $100,000.00 or a bid exceeding $100,000.00 on a contract has been received and has been recommended for approval to the Commission.

(3) Attach to each written call for bids or application, on contracts of

$100,000.00 or more, a copy of the affirmative action bid specifications notice.

(4) Disseminate to each bidder, or applicant for financial assistance who has previously received such assistance, the Affirmative Action Bid Specification Notice immediately upon review of the bid, application or request for proposal.

(5) Include, specifically or by reference, in all media advertising placed by the Commission for bids or fund applications of $100,000.00 or more a clause indicating that such bidders, applicants, prime contractors and prospective subcontractors will be subject to a pre-award compliance review.

(6) Remove debarred or suspended contractors and subcontractors from its active contractor's list.

(7) Maintain an updated listing of past and present debarred, terminated or suspended contractors.

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(8) Contact federal, state, and local enforcement agencies regarding debarred, suspended or terminated contractors.

(9) Withhold payment of all or portions of the contract or subcontract amounts from contractors and subcontractors debarred, terminated or suspended.

(10) Cease the solicitation or consideration of bids or applications from contractors or subcontractors debarred or suspended from Commission contracting.

(11) Coordinate any compliance review with other federal, state or local enforcement agencies.

RULE II - RECORDKEEPING AND REPORTS

For the purpose of aiding the Executive Director in determining contractor or subcontractor compliance with the Rules and Regulations.

A. Each contractor, subcontractor, bidder, applicant and prime contractor and

proposed subcontractor shall retain apart from individual employee personnel files, and have available for inspection by the Commission the following documentation by race, sex, and disability.

"By name, job title, rate of pay or salary, the total number of employees, employment applicants, applicants interviewed, applicants tested, applicants hired, employee promotions, demotions, transfers, layoffs, recalls from layoff, terminations, company trainees and other forms of documentation that the Executive Director or the Commission deems necessary to determine the compliance status of the contractor of subcontractor."

B. Each prospective contractor and proposed subcontractor shall, within five (5)

work days of notification of prime candidacy for the proposed contract or subcontract in excess of $100,000.00 have available for inspection by the Executive Director or designee:

1. State of Minnesota Affirmative Action Data page.

2. Company-wide workforce tabulation showing the total number of

employees including minorities, women and disabled persons, by job title.

3. For the 12 month period immediately next or during the contract period, the total workforce intended to be hired or allocated to such contract work including a projection of minority, women and disabled persons utilization in each job title and job grouping and major occupational category to include goals and timetables to correct underutilization.

4. Copies of executed letters of intent sent to contractors and subcontractors.

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5. Other such documentation as will show the prospective contractors' or subcontractors' ability to comply.

C. Failure to file timely, complete and accurate reports as required by the Rules and

Regulations adopted thereto constitutes noncompliance with equal opportunity affirmative action clause or in the case or prospective contractors or proposed subcontractors, an inability to comply with these Rules and Regulations.

D. The bidder, applicant, contractor or subcontractor shall permit the Executive

Director to have access to its files, books, records, payroll and accounts shall furnish the Executive Director with all information and reports necessary for the pre-award and on-site compliance.

E. Reports filed pursuant to this Section, or any other section of these Rules and

Regulations shall be used solely for the purpose of the Commission to determine a contractors' and subcontractors' ability to comply. Reports and other information filed pursuant to this Section, which contain confidential, commercial, or financial information, or other information, the disclosure of which would cause substantial harm to the competitive position of the contractor, subcontractor or any prospective contractive party shall not be disclosed to any third party without the written approval from the person submitting the report. Data gathered and maintained pursuant to the Minnesota Government Data Practices Act shall be disseminated pursuant to said act.

RULE III - REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS

A. Each contractor or subcontractor shall within five (5) days after receipt of these

rules and regulations or award of contract or subcontract provide the Executive Director with the following:

(1) State of Minnesota Affirmative Action Data page. (2) Take affirmative action by conducting a company-wide utilization analysis

of each job title, job grouping, major occupational category and company- wide workforce to determine underutilization of minorities,women, and disabled persons based on the availability subject to Department approval in:

a. The present workforce; b. Applicants for employment within the past 12 months; c. Hires within the past 12 months; d. Promotions, demotions, transfers, terminations, etc., within the

past 12 months and overrepresentations of minorities, women and disabled persons;

e. Terminations within the past 12 months; f. Layoffs within the past 12 months.

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(3) Conduct an audit of its employees' procedure and policy manuals. (4) Identify contracting opportunities for minorities, women and disabled

persons. (5) Where deficiencies are found to exist, address and remedy those

deficiencies through the promulgation of a written affirmative action plan. (6) Maintain the results of the utilization analysis, audits, written affirmation

action program, supporting documentation and other documentation as the Executive Director may require through policy or regulation at its main place of business within the local area.

(7) Notify the Executive Director within five (5) days after completion of the utilization analysis or development of the affirmative action program, of such completion.

B. Each contractor and subcontractor will:

(1) Review opportunities for Targeted Group Businesses. (2) Comply with Commission's Targeted Group Business goal. (3) Maintain records for monitoring progress toward goals. (4) Contract only with firms having government certification. (5) Post in a conspicuous place your affirmative action policy. (6) Notify labor organizations of your affirmative action commitment. (7) See that collective bargaining agreements include a nondiscrimination

clause. (8) Review and revise collective bargaining agreements whenever current

provisions are identified as barriers to equal opportunity and affirmative action.

(9) See that the union grievance process is adequately representing and processing grievances on behalf of all persons.

C. State Purchasing Requirements

(1) All businesses which employ in Minnesota more than 40 full time

employees on a single day during the previous 12 months shall continue to submit their affirmative action plans (now specified to be for the employment of minority persons, women and qualified disabled individuals) to the Department of Human Rights before a state agency can accept a bid for more than $100,000 and they must have a certificate of compliance before the contract can be executed.

(2) All businesses which did not employ more than 40 full time employees in

Minnesota during a single day during the previous 12 months and whose principle place of business is located outside of the United States is exempt from the affirmative action requirements for contracts or bids for more than $100,000.

(3) All businesses which did employ more than 40 full time employees in a single day in a state outside of Minnesota during the previous 12 months shall supply a unexpired certificate of compliance or certify to the

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Commission that it is in compliance with federal affirmative action requirements for contracts or bids for more than $100,000.

RULE IV - EXEMPTIONS

A. General

(1) Single or Cumulative Transactions of $100,000.00 - Contracts,

subcontracts and modifications thereof not exceeding $100,000.00 within any 12 month period are exempt from the requirements of these Rules and Regulations.

(2) Contracts with Government Agencies - Any agency or subdivision of such

government is exempt from the requirement of these Rules and Regulations.

B. Withdrawal of Exemptions - When any contract or subcontract is of a class

exempted under this rule, the Executive Director may withdraw the exemption for a specific contractor or subcontractor or group of contracts of subcontracts when in the Executive Director's judgment such action is necessary or appropriate to achieve the purpose of the Rules and Regulations.

RULE V - DUTIES OF EXECUTIVE DIRECTOR

(1) Receive the names of prospective contractors and proposed subcontractors who

expect to enter into contracts in excess of $100,000.00. (2) Initiate a review of each such contractor and subcontractor to determine the ability

of each to comply with the Rules and Regulations. (3) Maintain an updated written listing of the barred and reinstated prospective

contractors and subcontractors. (4) Consult with the Commission's attorney on questions of law arising out of

enforcement of the Rules and Regulations. (5) Initiate, conduct and coordinate with other compliance review agencies, the

investigation of contractors and subcontractors as soon as feasible prior to and after the award of a contract or subcontract.

(6) Notify the contractor or subcontractor of written compliance review findings, within 30 days from the initiation of a review, including any recommended remedial measures necessary to bring the contractor or subcontractor into compliance.

(7) Provide technical assistance to complying and noncomplying contractors and subcontractors.

(8) Report to the Commission, writing quarterly, on all previously noncomplying contractors who have subsequently come into compliance. The report will include actions taken by noncomplying contractors and subcontractors to bring themselves into compliance, and the Executive Director's recommendations to

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end any sanctions previously imposed on the contractor or subcontractor at the time of noncompliance.

(9) Report to the Commission, in writing quarterly, on all complying contractors and subcontractors.

(10) Conduct compliance-conciliation meetings with noncomplying contractors and subcontractors, within 30 days from the initiation of the pre-award review, to assist said parties in complying with the Rules and Regulations.

(11) Report to the Commission in writing and within a reasonable time after attempts made by the Executive Director to assist the noncomplying contractor or subcontractor to comply.

(12) Report in writing to the Commission the final adjudication of the complaint together with findings of fact, conclusions of law and recommended sanctions where there is a determination that the contractor or subcontractor has violated the Rules and Regulations.

(13) Monitor the contractor or subcontractor for compliance with any agreement and report to the Commission in writing the recommendations for reinstatement when the contractor or subcontractor has fully complied with the orders.

(14) Conduct construction and nonconstruction on-site compliance reviews to determine contractors' or subcontractors' ability to comply with the Rules and Regulations.

RULE VI - REINSTATEMENT OF INELIGIBLE CONTRACTOR OR

SUBCONTRACTOR

Any contractor or prospective subcontractor declared ineligible under the Rules and Regulations for further contracts may request reinstatement in a letter directed to the Executive Director. In connection with reinstatement proceedings, the contractor shall be required to show that she/he has made bona fide efforts to carry out employment policies and practices in compliance with the Equal Opportunity/Affirmative Action clause.

EFFECTIVE DATE - The Rules and Regulations contained herein are effective upon approval by the Board of Director of the Metropolitan Sports Facilities Commission.

1.2 Contracting Goals

1.2.1 Nondiscrimination Clause - The Metropolitan Sports Facilities Commission

(Commission) in accordance with the Commission policies on equal opportunity and affirmative action in employment and contracting, Chapter 363 of the Minnesota Human Rights Act, Chapter 139/141 of the Minneapolis Civil Rights Ordinance and the regulations promulgated pursuant thereto, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to notice, all bidders, contractors and subcontractors will be afforded full opportunity to submit bids in response to invitation and will not be discriminated against on the basis or race, sex, age, disability, affectional preference, marital status, or status in regards to public assistance in consideration for an award.

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1.2.2 Affirmative Action - All bidders, contractors and subcontractors must submit with their bid a State of Minnesota Affirmative Action Data page.

1.2.3 Subcontracting - The Commission hereby notifies all bidders, contractors and

subcontractors that in regard to any contract entered into pursuant in this invitation to bid, Targeted Group Businesses (TGB's) will be afforded full opportunity to submit bids and/or proposals in response, participate to the maximum opportunity possible and will not be subjected to discrimination on the basis of race, color, creed, ancestry, national origin, religion, sex, age, disability, affectional preference, marital status or status with regard to public assistance.

The goals of the Commission for the utilization of small businesses and TGB's on this project are as follows:

Minority Businesses 8% Female Businesses 10% Small Businesses 10%

The State of Minnesota Department of Administration has determined (November 17, 2000) that for construction contracts, businesses owned by Hispanic Americans and American Indians do not qualify as Targeted Group Businesses. However, those businesses do qualify for the supply of products, equipment and supplies.

Bidders, contractors, and subcontractors who wish to remain in competition for the contract will be required to submit a list of TGB’s for participation to the Commission, or a written statement analyzing why the TGB goal is not feasible and whether the goal may be met in part.

Award of Contract is conditioned upon providing the required TGB submissions. A Bidder, Contractor, or Subcontractor may use TGB’s certified by the State of Minnesota Department of Administration, City of Minneapolis, or Hennepin County.

1.2.4 Employment - The Commission has adopted the following employment goals for

this project:

Construction

Minority unskilled: 10% Minority skilled: 15% Women skilled/unskilled: 5% Disabled 1%

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Architecture/Engineering

Minority skilled 3% Women skilled 5%

Bidders, contractors and subcontractors who wish to remain in competition should submit an anticipated workforce to the Commission that either reflects the above- stated goals or explains why the goals are not feasible as well as whether they can be met in part.

Award of the contract is conditioned upon satisfaction of the employment requirements. A bidder, contractor or subcontractor should contact the Minneapolis Building and Construction Trades Council, for a list of qualified construction workers.

Affirmative Action Data Page Revised 8/02 – MDHR Page 1 of 2

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EXHIBIT N

STATE OF MINNESOTA – AFFIRMATIVE ACTION DATA PAGE

(For responses in excess of $100,000 only) If your response to this solicitation is in excess of $100,000, please complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363.073) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and—if required—to apply for Human Rights certification prior to the due date and time of the bid or proposal and to obtain Human Rights certification prior to the execution of the contract.

How to determine which boxes to complete on this form:

Then you must complete

these boxes… On any single working day within the past 12 months, if your company…

BO

X A

BO

X B

BO

X C

BO

X D

Employed more than 40 full-time employees in Minnesota � � �Did not employ more than 40 full-time employees in Minnesota, but did employ more than 40 full-time employees in the state where you have your primary place of business

� � �

Did not employ more than 40 full-time employees in Minnesota or in the state where you have your primary place of business.

� �

BOX A – For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months

Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) –or– has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due.

Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months:

We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX D. Include a copy of your certificate with your response.

We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR for approval, which the Department received on (date) at

(time). [If you do not know when the Department received your Plan, contact the Department.] We acknowledge that the plan must be approved by the MDHR before any contract or agreement can be executed. Proceed to BOX D.

We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to BOX D. Call the Minnesota Department of Human Rights for assistance.

Affirmative Action Data Page Revised 8/02 – MDHR Page 1 of 2

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Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the Federal government, a county, or a municipality must still be reviewed and approved by the Minnesota Department of Human Rights before a certificate can be issued.

BOX B – For companies which have not had more than 40 full-time employees in Minnesota but have employed more than 40 full-time employees on any single working day during the previous 12 months in the state where they have their primary place of business You may achieve compliance with the Minnesota Human Rights Act by certifying that you are in compliance with applicable Federal Affirmative Action requirements.

Check one of the following statements if you have not employed more than 40 full-time employees in Minnesota but you have employed more than 40 full-time employees on any single working day during the previous 12 months in the state where you have your primary place of business:

We are not subject to Federal Affirmative Action requirements. Proceed to BOX D.

We are subject to Federal Affirmative Action requirements, and we are in compliance with those requirements. Proceed to BOX D.

BOX C – For those companies not described in BOX A or BOX B

Check below. You are not subject to the Minnesota Human Rights Act certification requirement.

We have not employed more than 40 full-time employees on any single working day in Minnesota or in the state of our primary place of business within the previous 12 months. Proceed to BOX D

BOX D – For all companies

By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder.

Name of Company:

Authorized Signature:

Printed Name:

Title:

Date: Telephone number:

Affinnative Action Data Page Revised 8/02- MDHR Page 2 of2

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For further information regarding Minnesota Human Rights Act requirements, contact:

Minnesota Department of Human Rights, Compliance Services Section Mail: 190 East 5th Street, Suite 700 Metro: (651) 296-5663

St. Paul, 1.1N 55101 Toll Free: 800-657-3704 Website: www.humamights.state.mn.us Fax: (651) 296-9042 Email: [email protected] TTY: (651) 296-1283

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EXHIBIT O

ARCHITECT’S STATEMENT [DATE]

METROPOLITAN SPORTS FACILITIES COMMISSION 900 South Fifth Street Minneapolis, MN 55415

Re: Reconstructed Multipurpose Stadium

Gentlemen:

The undersigned does hereby state to you as follows:

1. The undersigned is the architect who prepared or supervised the preparation of the Construction

Drawings and Specifications for the Project described in the Agreement for Architectural Services between you and [Architect] (the “Architect”), dated (“Architect’s Agreement”).

2. The undersigned is duly authorized to make the statements contained herein on behalf of the

Architect. 3. Copies of all such Construction Drawings and Specifications, including all addenda thereto, have

been delivered to you. 4. The Project, to the best of our knowledge, information and belief, has been constructed in

accordance with the Construction Drawings and Specifications delivered to you and also in accordance with all applicable laws, ordinances, rules, regulations and requirements (including, without limitation, those with respect to discrimination) of all Governmental Authorities and in compliance with any and all covenants, conditions and restrictions affecting the real property upon which the Project has been constructed (the "Property").

5. The Project, to the best of our knowledge, information and belief, is ready for occupancy, and all

certificates necessary to permit the occupancy of the Project, including certificates of occupancy, have been obtained from the appropriate governmental authorities.

6. The Project, to the best or our knowledge, information and belief, has been constructed in

accordance with the Construction Drawings and Specifications approved by you, and complies with all applicable zoning, environmental, air quality, planning, subdivision, building, use and all similar type laws, rules, regulations and requirements imposed by all governmental authorities.

7. To the best of our knowledge, information and belief, all utility services necessary for the orderly

operation of the Project in accordance with the Construction Drawings and Specifications approved by you are available to the Property at the boundaries thereof. All connections have been made to abutting public water, sewer, gas and electrical facilities and all fees in connection therewith have been paid.

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8. To the best knowledge, information and belief of the undersigned, but without investigation, there is no action or proceeding pending before any court, agency or official with respect to the validity of any statutes, ordinances, regulations or restrictions or any permits or approvals thereunder relating to the Project.

9. The Gross Area of the Project is .

[ARCHITECT]

By:

Its:

Document comparison by Workshare Professional on Tuesday, August 28, 2012 2:57:56 PM Input:

Document 1 ID interwovenSite://DM/DM3/2277332/1

Description #2277332v1<DM3> - 2008 ARCHITECTURAL SERVICES CONTRACT - REFERENCE DOCUMENT - ORIGINAL

Document 2 ID interwovenSite://DM/DM3/2277332/2

Description #2277332v2<DM3> - 2008 ARCHITECTURAL SERVICES CONTRACT - REFERENCE DOCUMENT - VERSION 2

Rendering set DM - Double Underline Strikethrough Legend:

Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics:

Count Insertions 12 Deletions 29 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 41

TAB 24