12-07-10 agenda packet (entire)AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
December 7, 2010
6:30 pm
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7 pm
CALL TO ORpER
A. Roll Call
B. Citizen Commendation Award -Casey O'Brien
C. Receipt of Human Services Foundation 2011 Allocation Report
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda -All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes -Council/Manager -November 9, 2010
B. Approval of Check Registers:
1. City
2. Housing and Redevelopment Authority
C. Licenses:
1. General Business Licenses
2. Solicitor's License - Zaback Services, LLC
D. Minutes of Boards and Commissions:
1. Minneapolis Water Advisory Board -June 17, 2010
2. Human Services Foundation -October 11, 2010
3. Environmental Commission -October 25, 2010
4. Envision Connection Project Board of Directors -October 21, 2010
5. Bassett Creek Watershed Management Commission -October 21, 2010
E. Bids and Quotes:
1. Bassett Creek Restoration (Reach II) -Bids
F. Authorization to Sign Amended Hennepin County Violent Offender Task Force
Co-operative Agreement
G. Authorization to Sign Agreement with WSB & Associates, Inc. and Bassett Creek
Watershed Management Commission for Bassett Creek Restoration Reach I Project
H. Harold Avenue and Rhode Island Avenue North Reconstruction
1. Call for Feasibility Study 10-70
2. Authorization to Sign Contract with SEH, Inc. for Design Services
I. Approval of 2011-2015 Capital Improvement Program 10-71
J. Adopting the 2011-2012 Budget for Enterprise, Special Revenue and Internal
Services Funds 10-72
K. Receipt of October 2010 Financial Reports
L. Reappointment of City Manager to Joint Water Commission 10-73
3. CONSENT AGENDA -CONTINUED
M. Authorization to Sign Grant Agreement Amendment 1 with Hennepin County for
2011 Residential Curbside Recycling 10-74
N. Authorization to Sign Agreement (Amendment #2) for Energy, Efficiency, and
Conservation Block Grant Program with Department of Commerce and Award
Contracts for Projects -Building Fixture Retrofit and Traffic Signal Conversion 10-75
O. Second Consideration -Ordinance #452 - Establishing A 2011 Master Fee Schedule
P. Supporting Community Schools for Robbinsdale School District 10-76
4. PUBLIC HEARINGS 7 PM
A. Public Hearing -Second Consideration -Ordinance #451 -Repealing in its Entirety
Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco
B. Public Hearing -Adoption of 2010 Property Tax Levy Payable 2011 and 2011-2012
General Fund Budget 10-77 and 10-78
5. OLD BUSINESS
6. NEW BUSINESS
A. Announcements of Meetings
B. Mayor and Council Communications
7. ADJOURNMENT
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Grp
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6~o~~Y Public Safety
A c~se~r ~
Police Department
763-593-8079 / 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
1. B. Citizen Commendation Award -Casey O'Brien
Prepared By
Stacy Altonen, Police Chief
Summary
On November 14, 2010 a hockey player at Breck Ice Arena went into cardiac arrest and
collapsed. Bystander Casey O'Brien immediately started CPR and connected a defibrillator,
which shocked the victim prior to the arrival of First Responders. Mr. O'Brien's quick thinking
and swift response were instrumental in saving the victim's life and the Police Department is
presenting a Citizen's Commendation to Mr. O'Brien in appreciation of his efforts.
City ~ '~ _ ;~ ~
of m_. ~_.:e ~.... ~..
~~ ~ p Finance
~/ 763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
1. C. Receipt of Human Services Foundation 2011 Allocation Report
Prepared By
Jeanne Fackler, Senior Program Coordinator
Summary
The Human Services Foundation (HSF) met on Monday, October 11 to review funding
requests from eight organizations. The following requests were received and approved by the
Foundation for allocation:
Amount Amount
Organization Requested Allocated
Crisis Connection $3,000 $2,000
Greater Minneapolis Crisis Nursery 10,000 7,000
Home Free 2,500 2,500
NW Suburban Dinner at Your Door 5,000 5,000
PRISM 10,000 10,000
Senior Community Services HOME Program 7,000 5,000
Senior Community Services Outreach 3,500 3,500
The Bridge for Youth 5,000 3,500
Tree House 7,500 5,000
TOTAL 53 500 43 500
Dan Blumb, Chair, will be at the meeting to review the Allocation Report and recap the 2010
activities.
Recommended Action
Motion to receive and file the 2011 Allocation Report and approve notifying the eight
organizations of their 2011 allocation amount.
Golden galley
.„_
Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
`'Golden Valley
Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Golden galley
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Inspections
763-593-8090 / 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Kathryn Pepin, Administrative Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are
the License Number, Applicant, License Type and Fee of those who have submitted an
application for approval.
#4549 Northern Tier Retail LLC
d/b/a Superamerica #4497
6955 Market Street
#4548 Northern Tier Retail LLC Tobacco/Cigarettes
d/b/a Superamerica #4443
1930 Douglas Drive North
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Tobacco/Cigarettes $275.00
$275.00
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. C. 2. Solicitor's License -Zaback Services, LLC
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Zaback Services, LLC.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
o~
TO: Golden Valley City Council Fee Paid: $ d~ _
7800 Golden Valley Road Number of Persons: _ l
Golden Valley, MN 55427 Type of License: Peddler Solicitor
(circle one
L
Enclose the sum of $ ~ ~/ for ~- (number) peddlers/solicitors as required by
City Code of the City of Golden Valley and have complied with. all the requirements of said
Code necessary for obtaining this license.
(Business or Individual Name or Organization to be Licensed)
(MN Business ID or FEIN (Federal ID) for Business Licenses)
Define Business
L 1~ C:.
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
(Address)
W C'~Lc~t-C ~ u . IM k s5/.3L~ /
City, State and Zip Code)
(Telephone Number, including Area Code)
NOW, THERE O E, ~~ ~r~~ ~, ~ ur ~~ hereby makes application for
~~$~~ (Applicant Name)
period of through 6/30/x, subject to the conditions and provisions of said
City,~ode._
(S~gnature o~&p~licant/Principal Officer)
Description of goods or services for sale (include prices) or indicate if soliciting donations.
If more space is needed, attach additional sheets (be specific):
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NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
L Q O r~C'~ [ _ ~ L ~ ~-~~,c~ 11 2 C~c'~ Lc.~ GcC.c~ ~ : a ~yLt lit ~S,S'c~
(If more space is needed, attach additional sheets)
STATE OF Wl . ~n~.s~~l-~ )
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COUNTY OF ~GM~ ~ ~~~ )
L ~ a- cJ ~ <. ~ ~~~L of ~ <1 ~ c~c, ~L S-~_r ~ ~` c,~5 f
(Officer/Individual) (Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true.
Signature of Applicant/Principal Officer)
Subscribed and sworn to before me this
v~'f~~ day of ;~1l~~~~:~- , 2014
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Minneapolis Water Advisory Board
Meeting No. 6 Minutes
June 17, 2010 - 4:00 pm
In Attendance
Sandra Colvin Roy, Council Member and Co-Chair, City of Minneapolis
Linda Loomis, Mayor and Co-Chair, City of Golden Valley
Tom Burt, City Manager, City of Golden Valley
Jeannine Clancy, Director of Public Works, City of Golden Valley
Steve Kotke, Director of Public Works, City of Minneapolis
Bernie Bullert, Interim Director of Water Treatment & Distribution, Minneapolis Water Works
Chris Catlin, Superintendent of Water Plant Operations, Minneapolis Water Works
Brette Hjelle, Interagency Coordinator, City of Minneapolis
Anne Norris, City Manager, City of Crystal
Tom Mathisen, Director o~,Public Works, City of Crystal
Glen Gerads, Assistant l~tility Superintendent, City of Bloomington
Jesse Struve, Utilities Engineer, City of Edina
Kathi Hemken, Mayor, City of New Hope
Guy Johnson, Director of Public Works, City of New Hope
Allen Dye, Metropolitan Airports Commission
Guests
Tony Myers, CH2M Hill
Alan Ispass, CH2M Hill
Co-Chair Loomis called the meeting to order at 4:05 pm.
Approval of Minutes
MOVED by Mayor Kathi Hemken, seconded by Sandra Colvin Roy, and motion carried
unanimously to approve the minutes of January 28, 2010.
Capital Projects Update (Bullert)
Bullert presented an update on the following major projects:
• Pump Station 4 -This station was totally rebuilt and is operational with only a few
punch list items remaining to finish out the project.
• Columbia Heights Ultrafiltration Plant -New membranes are installed and in use.
• Filter Press -The new filter press installation is on schedule and targeted to open
and operational by April 15, 2011. The new presses will help eliminate the sludge
bed problem.
• Update on 2011 to 2015 Capital Program -Minneapolis Mayor Rybak is currently
developing. the proposed 2011 budget. Changes may occur in the budget once the
Asset Master Plan is completed. The reimbursable watermain projects (Project No.
WTR9R) is moving forward and the plans and specifications are out for bid.
• Chlorine Building -Staff is continuing to monitor the filters before the one-year
warranty ends in August 2010.
G:WWC\WABWIINUTES\WAB Meeting Six Minutes.doc
Asset Master Plan Review (Bullert)
Alan Ispass, CH2M Hill, presented an overview and detail involved in developing the Asset
Master Plan. The goal is to identify a 10-year project plan that ensures the treatment
systems continue to work properly and provide adequate supply and good water quality
over the next 20 to 30 years. The team also considered project payback in the planning
process. During asset evaluation, no capital .projects were identified that need to be
replaced immediately or in the immediate future. However, since the plan was not
completed prior to the 2011 budget process, Minneapolis will review the plan for projects
that should be addressed in 2011. This will not modify the financial pro forma proposed for
2011-2012.
The plan approach was to look at the infrastructure and identify the likelihood of risk, the
level of service, and impact should a fai ure occur. Also evaluated were opportunities to
reduce energy demands, operation and process enhancements, taste and odor control,
water stabilization, and ,filter improvements.
Water Works staff and C~2M Hill evaluated the condition of approximately 200 assets. The
majority of the assets (about 90%) tested were in good to very good condition. Only 1 % was
in poor or very poor condition. The data was analyzed and a suite of projects was
developed that would reduce the risk for asset failure, optimize energy use, improve water
quality, eliminate taste and odor, and increase the efficiency and liability.
Based on goals of the Water Works Department, criteria was developed that will be used to
prioritize the projects. Possible labor reduction was also considered in the evaluation
process.
The next step is to submit a draft report to Minneapolis by mid-July. Staff will review and
forward the plan to the WAB for comments by the August meeting. The report will have a list
of projects with an estimated cost prioritized by cost-benefit and/or other criteria presented
in the 10-year implementation plan. Prioritization of the projects breaks down to reflect a
20% return on investment, 30% on how much the project contributes to reducing the risk,
and 10% for compliance issues.
Legislative !Interagency Summary (BullertlHjelle)
Legislative Session Update: Hjelle highlighted two legislative issues: groundwater
testing and Mt. Simon-Hinckley Aquifer. The concern is will surface water users be
asked to pay for the groundwater testing. Financing the testing was tabled and will be
discussed at a later session.
Although the Mt. Simon-Hinckley Aquifer item does not relate directly with the WAB, it
was a point of interest. The bill related to a controversial power company and Governor
Pawlenty vetoed the bill.
Hjelle is trying to get Deborah Swackhamer from the Minnesota Water Sustanability
Framework to speak at the next meeting and describe the organization's holistic
approach to water. Loomis said this group had not been in touch with the Metropolitan
Council. The direction of the group is to develop a water policy for the state. The report
is to be finalized in September.
G:UWC\WABWNNUTES\WAB Meeting Six Minutes.doc
Meetings with DNR and Minnesota Department of Health (MDH): Bullert met with the
agencies to discuss the following:
(1) Hydrant permitting issue process.
(2) Erosion control and phosphates. The City learned that phosphate is one of
MDH's priority nutrients and will meet to discuss how to remain in compliance
and reach goals.
(3) Taste and odor. The DNR is interested in what Minneapolis will do. The role of
lead and copper surfaced as important points of discussion.
In the meeting with the DNR, Bullert talked about the option of wells as a backup. The. DNR
is open to the possibility of developing wells as a backup water supply.
Next Meeting
The next meeting is scheduled for Thursday, August 19. The tentative agenda will include
the Draft Asset Master Plan, Pro Forma review, and a guest speaker from the Minnesota
Water Sustainability Frarli'~work.
Adjournment
The meeting adjourned at 5:10 pm.
Respectfully submitted:
Ci;~~~~~
Pa Schutrop
Administrative Assistant, City of Golden Valley
G:UWC\1INAB\MINUTES\WAB Meeting Six Minutes.doc
Golden Valley Human Services Foundation (GVHSF) Meeting
Minutes
October 11, 2010
Present: Dan Blumb, Hilmer Erickson, Elissa Heilicher, Chris Monroe, Diane Nimmer,
Connie Sandler, and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison.
Not Present: Gloria Johnson, Brenda McGhie,and Steve Schumacher.
Call to Order: Chairman Blumb called the meeting to order at 6:35 p.m.
Chairman Blumb welcomed Brenda Hayle, Branch Manager of Central Bank to the GVHSF.
Introductions were made.
August 9 minutes: Erickson moved and Monroe seconded the motion to approve the
minutes of August 9. The motion passed unanimously.
2010-2011 Budget: Fackler went over the proposed GVHSF Budget. The budget is
awaiting Council approval.
Agency Reviews/Allocation Recommendations: After much discussion Heilicher moved
and Sandler seconded the motion to recommend the following allocations to the Council:
Crisis Connection $2,000
Crisis Nursery $7,000
Dinner At Your Door $5,000
Home Free $2,500
PRISM $10,000
SCS Outreach $3,500
SCS HOME $5,000
The Bridge for Youth $3,500
TreeHouse 5 000
TOTAL $43,500
Upcoming Events:
Taste of Golden Valley -November 10.
Event/Baskets -Monroe has been gathering items for baskets. Baskets/items can be
brought to Brookview or Freestyle Productions by November 5.
Restaurants -Sandler asked members to re-contact their assigned restaurants. Fackler
needs all information by November 2"d for the Health Department.
Entertainment - Perpich students will be performing from 5:30-6:30 PM, Nuance A Duo
from 6:30-7:15 PM and Tim Mahoney from 7:15-$:00 PM.
Auction Mechanics -Nimmer went over the. auction mechanics. Volunteers will be needed
to assist with check out at the end of the evening and tickets for the opportunity drawing.
PR/Marketing - McGhie has sent multiple press releases to the newspapers, radio, TV
stations and churches. A final press release will be sent when restaurants and
entertainment have been confirmed.
Ticket Sales -Tickets are being sold at Best Wishes Floral, City Hall and Brookview.
Tickets were sold at the Hidden Lakes Association meeting, Kelly Drive Pumpkin Festival,
GV Federated Women's Club and several Commission meetings.
Volunteers - TreeHouse will have greeters at the door. GV Women of Today will be
contacted. Members of the GVFWC have also volunteered to assist at the event.
Set Up -All members, if available, are asked to help with set-up and take down.
Other Business:
Golden Valley Foundation -Sandler reported on the Community Foundation meeting. The
group is working on the Articles of Incorporation and hope to have an introductory letter to
GV residents by January 1St
Position Descriptions: A committee will be set to work on position descriptions for the
GVHSF in January.
Adjournment: Nimmer moved to adjourn the meeting, Monroe seconded the motion. The
meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
October 25, 2010
Present: Commissioners, Anderson, Baker, Gitelis, Hill, Pawluk, Stremel and Utt; AI
Lundstrom, Environmental Coordinator, Jeannine Clancy, Public Works
Director and Lisa Nesbitt, Administrative Assistant
Guest: Jana Sullivan, League of Minnesota Cities (LMC)
1. Call to Order
Baker called the meeting to order at 7:00 pm.
2. Approval of Regular Meeting Minutes -September 27, 2010
MOVED by Stremel, seconded by Anderson, and the motion carried unanimously to
approve the minutes of the September 27, 2010 meeting.
3. Open Meeting Law Presentation
Jana Sullivan, an attorney from the League of Minnesota Cities, presented information
regarding the Open Meeting Law. Her presentation included information on who must
comply with the law and the basic requirements of the law.
4. Residential Solid Waste and Recycling Study
The commissioners decided to focus individually on each of the four goals outlined last
month. They will start with the first goal -Use the next recycling RFP to encourage new
approaches -since the recycling contract discussions will begin in early 2011. Staff will ask
the MPCA for assistance in researching new recyclable materials. Hill is going to research
recycling textiles, Baker will research recycling clamshell containers and Gitelis will
research information on the Eureka website.
5. Program/Project Updates
A. TMDL -Sweeney Lake stakeholders (all MS4's and interested citizens) had a
meeting with MPCA to express concerns about water quality goals set for the
lake. Staff wants to be sure that they are attainable (e.g. phosphorus
reduction levels). Staff also reported that there will be a hearing regarding the
DNR's permit for the aeration system in the lake. Staff will forward the letter
regarding this hearing.
B. I/I -Commissioners were given a copy of the. quarterly update.
C. Private Development Update -The Planning Commission approved Menards
request to replace the existing building with a new structure. It will go before
Council in November. If approved, demolition will begin the first quarter of
2011 with expected completion planned for the spring of 2012.
D. EAB -The City will be applying for a tree planting grant through the DNR to
off-set the planned ash tree removal program.
E. Might y Tidy Days -The collection of all materials were up from previous
years except for electronics which was way down.
6. Commission Member Council Reports
None
Minutes of the Environmental Commission
October 25, 2010
Page 2 of 2
7. Other Business
None
8. Adjourn
MOVED by Hill, seconded by Stremel, and the motion carried to adjourn.
The meeting adjourned at 8:55pm. The next scheduled meeting will be November 22, 2010
at 7:00 pm.
Minutes
Envision Connection Project
Board of Directors Meeting
October 21, 2010 7 pm, Brookview Community Center, Conference Room
Present: Linda Loomis, Chair, Lynn Gitelis, Sharon Glover, Cindy Inselmann,
Philip Lund, Dean Penk, Marshall Tanick, Blair Tremere.
Absent: Jim Heidelberg, Cindy Inselmann, Helene Johnson
Guest: Jennifer Lara
Staff: Sandy Werts
1. Call to Order/Introductions/Roster Update
The meeting was called to order at 7:10 pm by Mayor Loomis.
2. Approval of Agenda
The Agenda was approved as printed
3. Approval of the Minutes of September 16, 2010
Motion: Gitelis moved to approve the minutes as written. It was seconded by
Tremere and approved unanimously.
4. Proposed Community Foundation/Non-Profit
a. Transitional Board -Penk reported that three hours were spent at the last
meeting working on the plan and the by-{aws. The committee would like to
register the Foundation by January 2011. The next meeting is November 17 at 7
pm. A mailing is planned in mid-December to introduce the organization to
Golden Valley residents and businesses.
DeDe Scanlon has talked to Cheryl Weiler about getting information into the
newsletter.
They will target individuals and companies who will be asked to donate to the
Foundation.
The plan is to amend the Golden Valley Community Events Fund instead of
starting new.
There is a question of who appoints the first board. The committee is thinking
this through. 1t is possible that those on the transition board may not be on the
first organization board. It may come back to the Envision Connection Board to
make this decision.
The committee is working on the internal structure. Bill King from the Council on
Foundations is available to speak to the Community Foundation group.
Penk said the relationship of the Envision Board to the Foundation must be
discussed.
Glover said that legal advice is also needed. A question has come up about
giving to individuals to fund "small sparks". IRS rules say it is possible to give to
individuals.
b. Next Steps -There are four subcommittees working on details to present at the
November 17 meeting.
5. Bridge Building Activities
a. Lilac Planting Recap -Werts Reported there were 70+ volunteers and 12 team
leaders that planted over 700 plants, trees and shrubs at the October 2 event.
Tremere asked if there are other MDOT right of ways that can be planted. It was
thought that Hwy 55 offered a number of years of planting opportunities.
A video about the "Lilac Way" and the building of Hwy 100 was mentioned along
with Bill Hanley a producer at Channel 2 and the MNDOT public relations
department as a possible segment on transportation for the 125t" Anniversary.
b. Valley Volunteer Day -Jennifer Lara, who is leading this effort, envisions a day
where the entire community comes together to enrich the community. She sees
different community organizations planning their own activities with everyone
wearing the same T-shirt.
Werts expressed her concern in getting enough volunteers for the Lilac Planting
Project if the events were on the same day. Loomis said it may give
opportunities for people who cannot help with the planting project. Other
suggestions including kicking off Valley Volunteer Day in the afternoon and
using the lilac planting as the center. Gitelis suggested having an end of the
day event such as a cookout at Brookview.
Lara said she is looking for people to serve on the committee. Loomis suggested
she contact the churches.
c. Bridge Builders Quarterly Meeting -This meeting is scheduled for October 23.
Notices have gone out. Other locations where meetings could be held are Wirth
Park, KARE 11, LOGIS, General Mills and Honeywell. The meetings do not have
to be on a Saturday.
d. Envision Award -The award was presented to the Kelly Drive Pumpkin Growers
at the City Council meeting on October 5 and again at the weigh-off on October 9
at the Pumpkin Festival.
e. Ice Cream Social -Tanick would like there be a 125t" Anniversary theme to
the music, possibly from "gas .light music" to the present. Tremere suggested
checking with the Hennepin County Museum
f. Buckthorn Busting -Loomis referred to the article It's a Scary Time to be a
Weed, saying that noxious plants are an issue everywhere.
g. Garden Club -The Daytime Garden Club cleaned the median on Winnetka.
The Evening Club is getting hands dirty with a plant sale, weeding, and Lilac
planting. They have talked about providing lunch for the Lilac Planting Project
h. Neighbors Helping Neighbors - No Report
i. After School in the Valley - No Report
j. Natural History Museum - No Report
k. Memorial Day Parade -Tanick will contact John under the auspices of the
1251 anniversary to see if he needs help with the parade. This event draws a
different crowd. The only complaint is that it lacked a musical component.
Chimney Swifts -Loomis attended a dedication for a Chimney Swift Tower
that was built as an Eagle Award project. Representatives of the Audubon
Society and the Scout's Troop were present. There is a resident, Bob Paske,
who is a Chimney Swift Tower builder. He and his wife are attending the
Bridge Builders meeting.
6. Valley Days
This is a one day celebration in Brookview Park. The small pavilion will be
dedicated to the Historical Society to put up a 125t" Anniversary display.
7. Communications
Taste of Golden Valley -This is coming up on November 10 and benefits
the Human Services Foundation. Tanick asked if the Envision Board
should have a presence. It was suggested that three people have a table
at the event to promote Valley Volunteer Day. Werts will talk to Jeanne
Fackler about the procedure.
8. Recruitment of Members to the Executive Board - no discussion
9. Golden Valley's 125 Year Anniversary
A meeting is scheduled for October 28 at 7 pm at Brookview Community Center.
Tanick hopes to determine some of the activities to be held.
10. Future meetings
November 18, December 16
11.Adjournment
The meeting adjourned at 8:55 pm.
Bassett Creek Watershed Management Commission
Minutes of the Meeting of October 21, 2010
1: Call to Order
The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m.,
Thursday, October 21, 2010, at Golden Valley City Hall by Chair Loomis. Ms. Herbert conducted roll
call.
Roll Call
Crystal Commissioner Pauline Langsdorf, Administrator Geoff Nash
Secretary
Golden Valley Commissioner Linda Loomis, Chair Counsel Charlie LeFevere
Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler
Minneapolis Alternate Commissioner Lisa Goddard Recorder Amy Herbert
Minnetonka Commissioner Bonnie Harper-Lore
New Hope Alternate Commissioner Al Sarvi
Plymouth Commissioner Ginny Black, Vice Chair
Robbinsdale Commissioner Wayne Sicora
St. Louis Park Commissioner Jim deLambert
Also present: Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park
Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth
Pat Byrne, BCWMC Technical Advisory Committee, City of Minneapolis
Lee Gustafson, BCWMC Technical Advisory Committee, City of Minnetonka
Dave Hanson, Alternate Commissioner, City of Golden Valley
Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale
Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley
Justin Riss, Alternate Commissioner, City of St. Louis Park
Stu Stockhaus, Alternate Commissioner, City of Crystal
Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka
2. Approval of Agenda and Consent Agenda
Chair Loomis requested the removal of the financial report from the Consent Agenda. Commissioner
Black moved to approve the Consent Agenda as amended, which included only the approval of the
September meeting minutes. Alternate Commissioner Goddard seconded the motion. The motion carried
unanimously with nine votes in favor. Chair Loomis requested the addition of Agenda item 5B -
Cooperative Agreements for the North Branch Bassett Creek Restoration and the Bassett Creek Main
Stem Restoration. Commissioner Black moved to approve the Agenda as amended. Commissioner
Langsdorf seconded the motion. The motion carried unanimously with nine votes in favor.
3. Citizen Input on Non-Agenda Items
No citizen input on non-agenda items.
4. Administration
A. Presentation of the September 23, 2010, BCWMC meeting minutes. Approved under the Consent
Agenda.
#249847v1 BCWMC October 21, 2010, Meeting Minutes
B. Presentation of the Financial Statement. Administrator Nash introduced a handout that was a
draft revision to the Commission's monthly financial spreadsheet titled, "Bassett Creek
Construction Project Details:' He described the need for the Commission to be able to easily
account for the various streams of revenues coming in such as grant funds and levy monies.
Administrator Nash described a new table on the draft spreadsheet that shows anticipated revenue
sources per CIP project. The Commission discussed the table and Chair Loomis recommended
that the Commission take home and study the spreadsheet and changes to the financial report
would be discussed at the NovemberBCWMC meeting.
Administrator Nash added that the TAC had previously made comments on possible changes to
the BCWMC's financial documents in order to make them easier to understand and more useful
to the member cities. Mr. Gustafson said that he would like the Commission to look at how it
presents its financial information in its documents and would like either the TAC or another
Commission Committee to sit down and look at creative ways to make the financial documents
easier to understand. He said he would like the financial documents to include descriptions of the
funds. Mr. Gustafson volunteered to be on a committee to revise the Commission's financial
documents and said he has already made some notes about potential revisions. Commissioner
Black suggested referring the topic to the Administrative Services Committee. Chair Loomis
directed the Administrative Services Committee to discuss the topic and asked Mr. Gustafson to
give a copy of his notes to the Committee and to attend the Committee meeting if he was
interested. Mr. Gustafson asked if he could have two hours of staff time to finish preparing his
notes. Chair Loomis directed Administrator Nash to work with Mr. Gustafson. Commissioner
Harper Lore moved to receive and file the October financial report. Commissioner Black seconded
the motion. The motion carried unanimously with nine votes in favor.
The general and construction account balances as reported in the October 2010 Financial Report:
Checking Account Balance 506,353.20
TOTAL GENERAL FUND BALANCE 506,353.20
Construction Account Cash Balance 2,176,769.93
Investment due 10/18/2010 533,957.50
Investment due 5/13/2015 508,918.39
TOTAL CONSTRUCTIONACCOUNT BALANCE 3,219,645.82
-Less: Reserved for CIP projects 2,426,580.43
Construction cash/ investments available for projects 793,065.39
C. Presentation of Invoices for Payment Approval.
Invoices•
i. Kennedy & Graven -Legal Services through August 31, 2010 -invoice for the
amount of $2,373.40.
ii. Barr Engineering Company -Engineering Services through October 1, 2010 -
invoice for the amount of $36,084.17.
iii. Watershed Consulting, LLC -Administrator Services through September 30,
2010 -invoice for the amount of $3,000.00.
iv. Amy Herbert -September Administrative Services -invoice for the amount of
$2,560.31.
#249830 vl 2
BCWMC September 23, 2010 Meeting Minutes
v. Finance and Commerce -Public Hearing Notice Publication -invoice for the
amount of $144.82.
vi. Lakeshore Weekly News -Public Hearing Notice Publication -invoice for the
amount of $134.20.
vii. Sun Newspapers -Public Hearing Notice Publication -invoice for the amount of
$343.20.
Commissioner Black moved to approve payment of the invoices. Commissioner Langsdorf
seconded the motion. Commissioner Hoshal had questions on the Barr Engineering invoice
regarding erosion control inspection costs for projects that have incurred permit fees and are
listed on the invoice by project versus erosion control inspections of construction sites not listed by
project. Ms. Chandler said she would get the details on the distinction and would get the
information to the Commission. By call of roll, the motion carried unanimously with nine votes in
favor.
5. New Business
A. City of Plymouth Reimbursement Request for Parkers Lake Improvements. Ms. Chandler
explained that the Commission received a reimbursement request from the City of Plymouth in
the amount of $52,486.60 for the Parkers Lake Improvements CIP project. She pointed out that
an addendum to the original project agreement between the Commission and the City of
Plymouth amended the project budget to $56,000. Ms. Chandler said that the project is completed
as of October 5, 2010, and this is the one and only reimbursement request for the project by the
City. She said that the Commission Engineer reviewed the supporting documents of the request
and recommends reimbursement of the requested amount of $52,486.60. Commissioner Black
moved to approve the reimbursement. Commissioner Hoshal seconded the motion. By call of roll
the motion carried with nine votes in favor.
B. Cooperative Agreements for the North Branch Bassett Creek Restoration and the Bassett
Creek Main Stem Restoration. Mr. LeFevere noted that the contracts are in the same form as
previous agreements undertaken by the Commission for projects. He said if the Commission is
ready to go ahead with the agreements then he recommends that the Commission authorize the
Chair to execute the agreement for the North Branch project and the Vice Chair for the Main
Stem project. Commissioner Hoshal asked if the Commission had ever had a call for or should
consider the benefit of anon-performance clause in the contracts. The Commission discussed the
idea and determined that due to the Commission's process and the method that it uses to pay for
projects, which is on a reimbursement basis, anon-performance clause isn't necessary.
Commissioner Black moved to enter into the agreements with the City of Crystal and with the
City of Golden Valley and to authorize her on behalf of the Commission to execute the agreement
with the City of Golden Valley. Commissioner deLambert seconded the motion. The motion
carried unanimously with nine votes in favor.
6. 41d Business
A. TMDL Updates.
i. Sweeney Lake TMDL. Administrator Nash gave a brief summary of the recent history
of the Sweeney Lake TMDL process in terms of the external phosphorus wasteload
allocation that was put into the TMDL. He described two recent meetings -one with the
TMDL technical stakeholder group, staff, and MPCA representatives, and another with
staff, technical stakeholder representatives from Hennepin County and Mn/DOT, and
#249830 vl
BCWMC September 23, 2010 Meeting Minutes
MPCA representatives. Administrator Nash said the outcome of the meetings resulted in
an agreement to decrease the external phosphorous wasteload allocation in the Sweeney
Lake TMDL from 150 pounds to 99 pounds. Administrator Nash asked the Commission to
approve the 99 pounds external phosphorus wasteload allocation, to direct SEH to
incorporate the number into the TMDL, to revise the TMDL as necessary, and to send the
TMDL to the MPCA for its review and its forwarding to the United States Environmental
Protection Agency (U.S. EPA). Administrator Nash noted that Ron Leaf of SEH is going to
include in the revised TMDL a timeline for accomplishing the reductions described in the
TMDL as discussed at the meeting. At the meeting, and as Mike Trojan of the MPCA
described a timeline of 30 years to meet the goals. Commissioner Black moved to approve
revising the Sweeney Lake TMDL to list the external phosphorous load reduction of 99
pounds and to submit the TMDL to the MPCA. Commissioner Harper-Lore seconded the
motion. The motion carried unanimously with nine votes in favor.
B. Education Committee. Commissioner Langsdorf reported that Commissioner Hoshal has been
doing a lot of work on the Committee's history of Bassett Creek project. She stated that the West
Metro Watershed Alliance (WMWA) met on October 12th and spent most of the meeting
discussing the snow and ice brochure. She explained different ways that the Commission could
have the brochures printed, explained that the Education Committee had approximately $1,000 in
its budget that could be used for brochure printing, described different ways that the cities could
obtain the brochures for their use, and asked how the Commission would like to move forward
with the brochures.
Commissioner Black moved for staff to post to the Commission's Web site the electronic copy of
the "Residential Snow and Ice Care:' Alternate Commissioner Goddard seconded the motion. The
motion carried unanimously. The Commission decided that WMWA would contact via a-mail the
City Manager for each member city, except for the City of Minneapolis since it should be
contacted through its public works director, with the question on how many of which brochures
each city wants and which cities want to do their own printing and which cities want WMWA to
coordinate the printing. Commissioner Langsdorf announced that the next Education and Public
Outreach Committee meeting will be on October 28th at 9:00 a.m. at Plymouth City Hall and the
next WMWA meeting will be on November 9th at 11:30 a.m. at Plymouth City Hall.
7, Communications
A. Chair: No Communications
B. Administrator: Administrator Nash reviewed his Administrator's Report with the Commission.
i. Administrator Nash noted that he has revised the draft BCWMC Policy Manual and has given
it to Commissioner Welch for his review. Administrator Nash said he and Commissioner
Welch will meet to discuss the manual after which he will bring the manual back in front of
the Administrative Services Committee.
ii. Administrator Nash reported that he sent out to the TAC the second questionnaire regarding
policy issues for the Next Generation Plan and he is asking for responses by next week.
iii. Administrator Nash said the Commission received a copy of a letter to the Department of
Natural Resources from Braun Intertec regarding the DNR permitting of the Sweeney Lake
Association's aerator. Administrator Nash said that the DNR granted the permit to the
Sweeney Lake Association on October 1, 2010, and since it seems like the permitting process
has occurred and is completed, then the Commission doesn't need to comment on the matter.
#249830 vl Q
BCWMC September 23, 2010 Meeting Minutes
iv. Administrator Nash brought up a letter addressed to the Golden Valley BCWMC .
Commissioner from Caroline's Kids Foundation with questions about a possible conflict of
interest with respect to the role of the Commission and the Sweeney Lake Association's
aerator program and permit since the BCWMC's Golden Valley Alternate Commissioner is
also a member of the Sweeney Lake Association. Chair Loomis directed Counsel to work with
Administrator Nash to draft a response letter to Caroline's Kids Foundation specifying that
the Commission has no authority in the regulation of the aerators and that Counsel and the
Commission have determined that there is no conflict of interest.
v. Administrator Nash brought up the idea of scheduling the Committee of the Whole regarding
the Next Generation Plan. Chair Loomis directed Administrator Nash to add the topic to the
November agenda unless so many other agenda items come up that there is not enough time
for the discussion. She directed Administrator Nash, in the case that the item will not fit onto
the November agenda, to schedule a meeting of the Committee of the Whole.
vi. Chair Loomis announced that Administrator Nash has let her know that over his last two
invoice cycles he has not charged the Commission for his work over the Commission's $3,000
monthly budget for his work and expenses but that with all of the tasks the Commission has
assigned him he will likely go over that budget next month. Chair Loomis authorized
Administrator Nash for the overage. There was no objection by the Commission.
C. Commissioners:
i. Commissioner Hoshal updated the Commission that the City of Medicine Lake is progressing
on its erosion and sediment control ordinance. He said the City of Medicine Lake is waiting to
hear back from the Metropolitan Council on the stormwater portion of the City's
Comprehensive Plan before the City moves forward with adopting the ordinance but the City
is on track to meet the 180-day requirement.
ii. Commissioner Hoshal announced that the Freshwater Society is hosting a sustainable water
resources round table today and tomorrow and he has details if anyone is interested in
learning more.
iii. Commissioner Langsdorf said that there is a metro area lake and river groups summit on
November 3ra at Hopkins Community Center.
iv. Commissioner Langsdorf commented that in this month's meeting packet there is a flyer on
the Watershed Education Roundtable Discussion being held at Hamline University on
November 3'a.
v. Commissioner Hoshal requested another copy of the watershed map by Barr Engineering and
also a copy for Commissioner Harper-Lore. Chair Loomis directed the Commission Engineer
to provide the copies and to charge the costs to the Education budget. Administrator Nash
commented that other watershed districts have useful fold-out maps. Chair Loomis directed
the Education Committee to investigate having such a map created for the BCWMC.
vi. Commissioner Harper-Lore reported that she attended the MN Water Resources Conference
and met people from the MPCA and that she would write up a summary of what she learned
and would send it around to the Commission.
D. Committees: No communications
E. Counsel: No communications
#249830 vl
5
BCWMC September 23, 2010 Meeting Minutes
F. Engineer:
i. Ms. Chandler reported that the Mississippi Watershed Management Organization made
changes to its Plan reflective of the Commission's comments and the Organization is holding a
public hearing on the Plan on November 9"'.
ii. Ms. Chandler reported that the Commission Engineer received a request from Brad Wozney
of the Minnesota Board of Water and Soil Resources (BW5R) for more information in support
of the Commission's grant applications and specifically on how the load reduction numbers
were computed regarding total suspended solids and total phosphorus numbers. She said the
Commission Engineer provided the information back and heard positive comments from Brad
Wozney about the numbers.
iii. Ms. Chandler reported that the Commission Engineer has reviewed the plans for the City of
Golden Valley's 2010 Bassett Creek CIP project and has sent comments back to the City.
9. Adjournment
Chair Loomis adjourned the meeting at 1:10 p.m.
Linda Loomis, Chair Date Amy Herbert, Recorder Date
Pauline Langsdorf, Secretary Date
#249830 vl 6
BCWMC September 23, 2010 Meeting Minutes
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763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. E. 1. Award Contract for Bassett Creek Restoration (Reach II) Project No. 09-21
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
Background
Through the Golden Valley and Crystal creek inspection program, Public Works staff
identified that significant erosion and downstream sedimentation has occurred along the Main
Stem of Bassett Creek (see attached location map). This section of the creek begins in the
City of Crystal approximately 400 feet west of Highway 100 and extends an additional
1/3 mile east of Highway 100 downstream in Golden Valley.
On September 17, 2009, the Commission received a feasibility report prepared by Barr
Engineering Company for the project and adopted a resolution ordering Bassett Creek
Restoration (Reach II), City of Golden Valley Project No. 09-21. In addition, the resolution
provided for $636,100 funding for the project and directed the City of Golden Valley to
construct it. Subsequently, the Golden Valley City Council authorized agreements with the
City of Crystal, the Bassett Creek Watershed Management Commission (BCWMC), and WSB
& Associates for work related to the project.
Review of Bids Received
Bids for the Bassett Creek Restoration (Reach II) Project No. 09-21 were opened on
November 3, 2010. The following five bids were received and are listed as follows:
Minnesota Dirt Works, Inc. $305,207.00
Quiring Excavating, LLC. $335,315.00
Park Construction. Company $339,605.90
Sunram Construction, Inc $383,259.50
Veit & Company, Inc. $476,200.00
Engineers Estimate $428,920.00
Staff has reviewed the bids and found them to be accurate and in order.
These bid amounts include several streambank stabilization activities. Staff will be working
with Twin Cities Tree Trust to complete the tree and shrub planting at the top of the
streambanks in the spring of next year.
Fundin
The City and the BCWMC have been selected to receive funds for the project from the Board
of Water and Soil Resources in amount of $162,000 and from Hennepin County Public Works
Environmental Services Division in the amount of $135,000. Remaining project costs will be
paid by the BCWMC. After successful performance of the work, staff will seek reimbursement
from the BCWMC.
Attachments
Location map (1 page)
Recommended Actions
Motion authorizing a contract with Minnesota Dirt Works, Inc. in the amount of $305,207 for
the Bassett Creek Restoration (Reach II) Project No. 09-21.
City,
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Police Department
763-593-8079 / 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. F. Authorization to Sign Amended Hennepin County Violent Offender Task Force Co-
operative Agreement
Prepared By
Stacy Altonen, Chief of Police
Summary
As a result of the investigation into the Metro Gang Strike Force, the State of Minnesota has
instituted mandatory guidelines for task forces across the state. In order to be in compliance
with these mandates minimal language revisions were made to the Hennepin County Violent
Offender Task Force Co-operative Agreement.
Attachments
Hennepin County Violent Offender Task Force 2010 Co-operative Agreement (9 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the amended Hennepin County
Violent Offender Task Force 2010 Co-operative Agreement.
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE
2010 CO-OPERATIVE AGREEMENT
The Hennepin County Violent Offender Task Force is currently operating under an existing
Co-operative Agreement, executed by Hennepin County, on behalf of the Hennepin County
Sheriff's Office and the Hennepin County Attorney's Office, the City of Richfield, the City of
Brooklyn Park, the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement
Administration. This HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2010 CO-
OPERATIVE AGREEMENT adds to or changes some of the rights, duties and obligations under
the old agreement. The previous Co-operative Agreement is hereby terminated except that
provisions that by their nature are intended to survive the termination of that Agreement, including
but not limited to Section 7, Liability, shall survive as to matters relevant to said previous Co-
operative Agreement.
The parties to this Co-operative Agreement are units of government responsible for the
enforcement of laws in their respective jurisdictions. The parties desire to work cooperatively in the
enforcement of violent offender laws including but not limited to the enhancements and crimes set
forth in Minnesota Statutes § 609.1095, and, for that purpose, are hereby forming the Hennepin
County Violent Offender Task Force.
The undersigned governmental units, in the co-operative and mutual exercise of their
powers, agree as follows:
1. Name. The name of the co-operative powers entity shall be the Hennepin County Violent
Offender Task Force. (HCVOTF).
2. Definitions:
a. Officer - means a peace officer, employed by a Member, who is assigned to the
Task Force full-time and has been approved by the Task Force Board.
b. Board -means the governing board of the Task Force.
c. Fiscal Agent -Hennepin County Sheriff's Office agrees to perform this function
during the initial term of this Agreement.
d. Member - means a governmental unit that is a signatory to this Agreement or a
counterpart.
e. Task Force -means the Hennepin County Violent Offender Task Force.
f. Task Force Commanders -means one (1) supervisor from the Hennepin County
Sheriffs Office. Future Task Force Commanders will be nominated and voted on
by the Board.
g. Non-Voting Member -means the Drug Enforcement Administration and the
Hennepin County Attorney's Office.
h. Executive Director -means Hennepin County Sheriffs Office Inspector of
Investigations Bureau or his/her designee.
i. Director -means member of Governing Board.
3. Members. The initial Members of the Task Force are the following governmental units:
Hennepin County Sheriff s Office
Brooklyn Park Police Department
Brooklyn Center Police Department
Golden Valley Police Department
Richfield Police Department
Hennepin County Attorney's Office
Drug Enforcement Administration (DEA)
3.1 The Members shall cooperate and use their best efforts to ensure that the various provisions
of the Agreement are fulfilled. The Members agree to act in good faith to undertake
resolution of disputes, if any, in an equitable and timely manner and in accordance with the
provisions of this Agreement.
4. Term.
4.1 The term of this Agreement shall be for seven years, commencing January 1, 2010 and
terminating January 31, 2014, unless terminated earlier pursuant to the provisions of this
Agreement. This Agreement may be extended by mutual written agreement of the parties
for one successive seven year term upon the same terms, conditions, and covenants, unless
the Task Force is dissolved prior to expiration of the initial or successive term.
4.2 Upon dissolution of the Task Force, the Board shall provide for the distribution of all Task
Force funds and assets in the following manner: (1) The Board may determine to sell and
liquidate non-monetary assets prior to distribution; and (2) Assets and funds shall be
distributed in proportion to the full-time staffing contributions and other financial
contributions of each Member to the Task Force determined by the full time equivalent
contributions of each current Member. Property owned by Members shall be returned to the
Members upon dissolution. A Member whose membership terminates prior to dissolution
of the Task Force is entitled to the return of its own property, but is not entitled to any share
or portion of Task Force funds or assets.
5. Governing Board.
5.1 The Task Force shall be governed by a Governing Board (Board). Members of the Board
will be known as "Directors." Except as indicated herein, the Chief Law Enforcement
Officer from each Member, or his or her designee, shall serve as a Director. Each Director
and, accordingly, each Member agency is allowed no more than one (1) vote, regardless of
the number of employees assigned to the Task Force or in attendance at any meeting from
the respective Agency.
The Director representing the Hennepin County Attorney's Office shall not vote on Board
matters but instead shall make recommendations to the Board.
5.2 Directors shall not be deemed employees of, nor compensated by the Task Force.
5.3 The Hennepin County Sheriff shall be the chair of the Board. The Chair's responsibilities
include but are not limited to the following: giving notice of meetings when scheduled or
otherwise called; calling meetings to order and providing for their orderly and efficient
conduct; and providing for the preparation of minutes.
5.4 The Board shall oversee the operational activities of the Task Force and by and through the
Task Force Commander shall monitor the progress of the mission and goals established by
the Board.
5.5 The Board shall meet on a quarterly basis or more frequently as needed.
5.6 The Board may take action based on the vote of a simple majority. A quorum shall exist,
and votes may be taken, if a majority of the Directors or their designees are present.
5.7 The Board may recommend changes in this Agreement to its Members. Such changes shall
not become effective until the governing body of each Member has, by resolution, approved
such changes.
5.8 Non-Voting Members may attend Board meetings.
6. Powers and Duties of the Task Force.
6.1 To accomplish the objectives herein, all Task Force Members shall assign at least one peace
officer licensed pursuant to Minnesota Statutes § 626.84, subd.l, or similar licensing statute
or regulation, to the Task Force on a full-time basis. The assigned peace officer must
comply with Minnesota Statutes § 471.59, subd. 12.
6.2 Atypical assignment to the Task Force should be for a minimum period of two years.
However, assignments shall be at the pleasure of both the Task Force Board and the
Officer's employing agency and may be terminated at any time.
6.3 The Task Force will direct investigative and enforcement activities based on intelligence
provided by the Task Force Members with priority given to case investigations that directly
impact the Members' Minnesota communities.
6.4 Future Task Force Commanders will be nominated by the Hennepin County Sheriff's Office
and approved by the Board. The Task Force Commander shall be responsible for the day to
day operations of the Task Force and provide the overall direction and supervision of the
Task Force officers. Future Task Force Commanders will be nominated by the Hennepin
County Sheriff's Office and approved by the Board. The Task Force Commander's duties
shall include, but not be limited to:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing and monitoring goals, priorities, budgets, operational policies and
procedures and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations, if requested;
(f) Allocating overtime work, if necessary.
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
The Task Force shall cooperate with other federal, state, and local law enforcement agencies
to accomplish the purpose for which the Task Force is organized.
The governmental unit serving as the Fiscal Agent shall cause to be made an annual audit of
the books and accounts of the Task Force and shall make and file a report to its Members
which includes the following information:
(a) The financial condition of the Task Force;
(b) The status of all Task Force projects;
(c) The business transacted by the Task Force;
(d) Quarterly financial report;
(e) Other matters which affect the interests of the Task Force.
The Task Force's books, reports, and records shall be open to inspection by its Members at
all reasonable times.
Nothing herein is intended or should be construed in any manner as creating or establishing
the relationship of co-partners between the parties hereto or as constituting one of the
Members as the agent, representative or employee of another Member for any purpose or in
any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall
not be considered temporary or permanent employees of any other Member for any purpose
whatsoever or be entitled to tenure rights or any rights or benefits by way of workers'
compensation, re-employment insurance, medical and hospital care, sick and vacation leave,
severance pay, PERA or any other right or benefit of another Member.
The Members acknowledge and agree that it is their sole responsibility to provide all salary
compensation and fringe benefits to their separate employees. Benefits may include, but are
not limited to: health care, disability insurance, life insurance, re-employment insurance,
FICA, Medicare, and PERA.
The Members acknowledge and agree that it is their responsibility to provide the equipment
necessary to enable their assigned employee to complete their duties.
The Members acknowledge and agree that Hennepin County will provide initial start-up
funds, to include co-located headquarter space.
The parties acknowledge and a gree that entering into and carrying out the terms and
conditions of this Agreement will not violate or constitute a breach of any obligation binding
the party and shall comply with all applicable federal, state, and local laws including but not
limited to Minnesota Statutes § 471.59.
6.13 The Task Force adopts the policy and procedure guidelines established by the Minnesota
Department of Public Safety Gang and Drug Oversight Council. (See generally Minnesota
Statutes, Chapter 299A.641, as amended or updated.)
6.14 The Task Force shall process all seized cash, physical assets and evidence through the
normal evidence handling procedures within the Hennepin County Sheriff's Office.
Seizures of cash, real property and personal property must be done in accordance with all
applicable laws and regulations. The Task Force shall promptly report forfeitures in
accordance with MN. Statute 609.5315, subd. 6.
7. Liability.
7.1 Each Member agrees that it will be responsible for its own acts and the acts of its officers
and employees and any liability resulting therefrom to the extent authorized by law and
shall not be responsible for the acts of the other Member or any liability resulting
therefrom. Each Member acknowledges and agrees that it is insured or self-insured
consistent with the limits established in Minnesota state statute. Each Member agrees to
promptly notify all other Members if it becomes aware of any potential Task Force
related claims, or facts giving rise to such claims.
7.2 Each Member shall be responsible for injuries to or death of its own personnel. Each
Member will maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are assigned to the Task Force or are otherwise
participating in or assisting with Task Force operations or activities. Each Member waives
the right to, and agrees that it will not, bring any claim or suit against the Task Force or any
other Member for any workers' compensation benefits paid to its own employee or
dependents, that arise out of participation in or assistance with Task Force operations or
activities, even if the injuries were caused wholly or partially by the negligence of any other
Member or its officers, employees, or volunteers.
7.3 Each Member shall be responsible for damages to or loss of its own equipment. Each
Member waives the right to, and agrees that it will not, bring any claim or suit against the
Task Force or any other Member for damages to or loss of its equipment arising out of
participation in or assistance with Task Force operations or activities, even if the damages or
losses were caused wholly or partially by the negligence of any other Members or its
officers, employees, or volunteers.
7.4 As applicable, under no circumstances shall a party be required to pay any amounts in
excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable
to any one party. The statutory limits of liability for some or all of the parties may not be
added together or stacked to increase the maximum amount of liability for any party.
8. Finances.
8.1 Task Force operations will be financed from funds and resources contributed by Members.
Members shall provide Officers to be assigned to the Task Force.
8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
Members or otherwise received by the Task Force, and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in accordance with
Hennepin County policy and generally accepted accounting principles. In conjunction
therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and
expenditures of Task Force funds in accordance with Hennepin County policy and generally
accepted accounting principles. It shall also produce quarterly financial and statistical
reports which shall be disseminated to the Board. The Task Force shall maintain all such
reports and related records for a period of six (6) years after dissolution of the Task Force.
9. Officers.
9.1 The Task Force shall refer disciplinary matters or other instances of misconduct involving
an Officer to the Officer's Chief Law Enforcement Officer for investigation, referral, or
disposition. However, nothing herein shall be construed to prevent the Task Force from
reporting suspected criminal conduct directly to an outside agency for investigation.
9.2 Officers will be responsible for focused investigation on targeted violent offenders,
including intelligence management, case development, and case charging. Officers may
also assist other Officers in surveillance and undercover operations. Task Force Officers
will work cooperatively with assisting agencies. Officers acting under this Agreement in the
jurisdiction of another Member are acting in the line of duty and in the course of
employment and are authorized to exercise the powers of a peace officer therein.
10. Forfeiture, Seizures and Fines. All proceeds generated by Task Force operations shall be
returned to the Task Force. When the Task Force seizes property or funds in cooperation
with other law enforcement agencies, the Task Force Board will negotiate the distribution of
the forfeited funds with those agencies.
11. Additional Members and Change in Membership.
11.1 A governmental unit may join the Task Force and become a Member upon approval by the
Governing Board and execution of a copy of this Agreement by its governing body.
11.2 The Governing Board may involuntarily terminate a Member if that Member has failed to
provide a minimum of one Officer to staff the Task Force for more than 12 consecutive
months.
11.3 In any case in which a party identified in paragraph 3 joins the Task Force after the effective
date of this Agreement or any other governmental unit joins the Task Force pursuant to
paragraph 11.1, contributions by and reimbursement to such Members shall be equitably
determined and adjusted by the Board to reflect the participation by that Member for less
than one full year. The decision of the Board shall be final.
11.4 A Member may, upon ninety (90) days' written notice to all other Members, withdraw and
cancel its participation in this Agreement with or without cause.
12. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies,
caused this Agreement to be executed.
(signatures continued on the following page)
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF GOLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the day of
2010.
City of Golden Valley
Approved as to form
and legality:
By:
Golden Valley City Attorney Its Mayor
And:
Its City Administrator
(signatures continued on the following page)
`Golden
Valley
Public Works
763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. G. Bassett Creek Restoration Project -Reach 1
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
The Bassett Creek Watershed Management Commission (BCWMC) has determined that it is
in the best interest of its member communities and the BCWMC to address erosion and
sediment deposit issues along Bassett Creek. Erosion and sediment deposition contribute to
diminished water quality. In order to qualify for funding, the member cities must have
completed a creek inspection program.
Through the Golden Valley creek inspection program, staff identified that significant erosion
and downstream sedimentation has occurred along the Main Stem of Bassett Creek (see
attached map). Reach #1 of the creek begins at Wisconsin Avenue in Golden Valley and
extends approximately north to the City of Crystal border. However, the two project focus
areas within this reach are Sub-reach 1 (Wisconsin Avenue to Rhode Island) and Sub-reach
3 (Duluth Street to the Golden Valley -Crystal border).
On September 23, 2010, the BCWMC received a feasibility report prepared by Barr
Engineering Company for the project and adopted a resolution ordering the project. In
addition, the resolution provided for funding in the amount of $580,200 for the project and
directed the City of Golden Valley to construct it. A copy of the feasibility report's executive
summary is attached. For a review of the complete report, please visit the following link:
www.bassettcreekwmo.org/meetings/2010-September/2010SeptemberMeetingPacket. htm.
In summary, an agreement was developed between the City of Golden Valley and BCWMC
that requires the City of Golden Valley design and construct the project. The BCWMC will use
its best efforts to secure payment for the City's costs in an amount not to exceed $580,200.
Staff has negotiated an agreement with WSB & Associates, Inc. for the engineering work
needed to complete the project. WSB has demonstrated that it has personnel with the
appropriate skills and qualifications to perform the design work. The total cost of WSB's
agreement is $89,736.
If Council authorizes the project, the following is the proposed milestone schedule:
Approve agreements with BCWMC and WSB December 7, 2010
Award construction contract September 2011
Project substantial completion April 2012
Attachments
Location Map (1 page)
Feasibility Report for Bassett Greek Restoration Project-Reach I Executive Summary, dated
September 2010 (8 pages)
Cooperative Agreement for Stream Bank Restoration on the Main Stem of Bassett Creek,
Between the City of Golden Valley and the Bassett Creek Watershed Management
Commission (3 pages)
Proposal from WSB & Associates, Inc. dated November 24, 2010 (7 pages)
Recommended Action
Motion authorizing the Mayor and City Manager sign the Cooperative Agreement for Stream
Bank Restoration on the Main Stem of Bassett Creek between the Bassett Creek Watershed
Management Commission and the City of Golden Valley.
Motion authorizing the City Manager sign the agreement with WSB & Associates in the
amount of $89,736.
1
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1.0 Executive Summary
1.1 Background
In January 2007 the Bassett Creek Watershed Management Commission's Technical Advisory
Committee recommended that the Commission add stream channel restoration projects to the
Commission's 10-year Capital Improvements Program (CIP). The restoration projects included the
Main Stem of Bassett Creek, the North Branch of Bassett Creek, the Sweeney Lake Branch of Bassett
Creek, and Plymouth Creek. The Commission completed a draft Resource Management Plan (RMP)
in Apri12009 (updated July 2009) that included several stream restoration projects. Bassett Creek
Reach 1 was one of the stream projects included in the RMP; the project includes the restoration of a
reach from Wisconsin Avenue to the Golden Valley-Crystal boundary (approximately 1,600 feet
upstream of Highway 100) (see Figure 1, Location Map). Restoration. of this reach is included in the
Commission's CIP for design and construction in 2011; however only a portion of the reach
identified in the CIP is included in this feasibility study. Therefore, Bassett Creek Reach 1 has been
broken into three subreaches (Figure 1). The two subreaches included here-Subreach 1 from
Wisconsin Avenue to Rhode Island Avenue and Subreach 3 from Duluth Street to the Golden Valley-
Crystal border-cover approximately 6,300 feet of the total of approximately 15,800 feet in Reach 1.
Subreach 2 includes the remaining 9,500 feet between Rhode Island Avenue and Duluth Street.
1.2 General Project Description and Estimated Cost
The potential stabilization measures identified for implementation in this reach consist of the
following:
o removal of trees and vegetation,
o grading reaches of stream bank,
o stabilizing storm sewer outfalls that discharge into the channel,
o establishing new vegetation on areas disturbed by construction,
o installing a variety of stream stabilization measures to address erosion problems, including
riprap, biologs, cross vanes, j-vanes, live stakes, live fascines, and vegetated reinforced soil
slope (VRSS).
The Reach 1 (subreaches 1 and 3) construction costs are estimated to be $580,200. A detailed cost
estimate is included in Section 4.3. Temporary construction easements are not included in the cost
estimate at this time, but they are not expected to significantly increase the total cost. The proposed
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restoration work within the City of Golden Valley is on a mix of public and private property.
Approximately half of Subreach 3 is located on public property within the Bassett Creek Nature
Area. The remainder of Subreach 3 and all of Subreach 1 is on private property and will require
temporary construction easement acquisitions to complete construction.
1.3 Recommendations
The Commission's CIP includes restoration of Subreach 1 and Subreach 3 of Bassett Creek Reach 1,
with design and construction to begin in 2011. The stabilization of this reach will provide water
quality improvement by 1) repairing actively eroding sites; and 2) preventing erosion at other sites by
installing preemptive measures to protect existing stream banks. This project is relatively cost
efficient because no permanent easements will be required.
It is recommended that the restoration of Subreaches 1 and 3 of Bassett Creek Reach 1 proceed into
the design and construction phase. It is also recommended that the Bassett Creek CIP be revised to
reflect the revised cost estimate for Subreaches 1 and 3.
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2.0 Background and Objective
2.1 Goals and Objective
Subreaches 1 and 3 of Bassett Creek Reach 1 have erosion problems in at least 15 locations. The
objective of this study is to review the feasibility of implementing measures to stabilize the stream
banks and storm sewer outfalls on these two subreaches of Bassett Creek Reach land to provide
conceptual designs and cost estimates of measures that could potentially be used at each of the 15
erosion sites.
Stream Stabilization
The City of Golden Valley has recognized the importance of addressing stream erosion and
sedimentation issues; however, funding limitations have prevented repair of these sites to date. With
the availability of funding from the BCWMC, repair of these sites can now proceed.
The City of Golden Valley has completed periodic erosion inventories along Bassett Creek,
beginning in 2003. The latest inventory identified 11 erosion sites in Subreaches 1 and 3, all with
moderate erosion. As stated earlier, Barr staff added four sites (Sites 7, 9, 10, and 12) with minor to
moderate erosion or the potential for erosion problems in the near future. One of the sites identified
as moderate erosion was reclassified as severe erosion.
The goals of the stream stabilization project are to:
Stabilize eroding banks to improve water quality.
Preserve natural beauty along Bassett Creek and contribute to the natural habitat and species
diversification in place by planting eroded areas with native vegetation.
• Prevent future channel erosion along the creek and the resultant negative water quality
impact of such erosion on downstream water bodies.
Considerations
• Restoration must minimize floodplain impacts. Several businesses and residences are located
near the creek, so it is critical to ensure the proposed project does not increase flood
elevations that impact these properties.
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• Maintain existing floodplain storage and cross sectional areas.
2.2 Background
2.2.1 Reach Description
Bassett Creek Reach 1 (Figure 1) extends for approximately 15,800 feet from Wisconsin Avenue
downstream to the Golden Valley-Crystal city boundary. Two subreaches are included in this
feasibility study. The first (Subreach 1) is approximately 2,100 feet, extending from Wisconsin
Avenue to Rhode Island Avenue. The second Subreach (Subreach 3) is approximately 4,200 feet,
extending from Duluth Street to the Golden Valley -Crystal city boundary. Land use immediately
adjacent to Subreach 1 is a mix of high density residential (apartments and condominiums) and
commerciaUindustrial. Land use immediately adjacent to Subreach 3 is predominantly single family
residential.
Barr Engineering (Barr) staff walked the reach in July 2010 and identified a total of seven sites on
Subreach 1 and eight sites on Subreach 3 that require stabilization to address bank erosion, scour,
and/or bank failure. Of the 15 sites, six have minor erosion, seven have moderate erosion, and two
have severe erosion problems. The total length of bank erosion is approximately 890 feet. Photos of
each of the erosion sites are found in Appendix A. The bank failures along this. reach appear to be
caused by a combination of natural stream erosion processes and problems associated with changing
watershed hydrology. Even when cities incorporate best management practices (BMPs) to minimize
the impacts of increased runoff, development still fundamentally changes the hydrology of the
watershed. The BMPs commonly used reduce the impacts of urban development on streams
receiving stormwater runoff, but physical changes and increased rates of erosion occur.
In addition to the problem erosion sites, there are three locations where trees have fallen across the
stream. Fallen trees in streams are a natural occurrence and play a vital role in some natural stream
processes. They can act as grade control and provide structure. However, they can contribute to an
increase in localized erosion, which is the reason why one of the trees is recommended for removal.
There are also 13 storm sewer outfalls within the two subreaches. One of the storm sewer outfalls
has some significant erosion problems adjacent to it and is included in restoration at one of the
problem erosion sites. The rest of the storm sewer outfalls appeared to be stable and do not need any
modifications or stabilization to prevent increased erosion in the foreseeable future.
Implementation of the project will require coordination between the BCWMC and the City of Golden
Valley to ensure long term project success. Most importantly, the City of Golden Valley will need to
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assist in the maintenance of the streambank stabilization measures, particularly providing
maintenance of the vegetation, since poor vegetation management practices are a common cause of
bank failures. A major aspect of the vegetation maintenance will be the cities working with the
private landowners to ensure that the plantings and maintenance meets the objectives of stream bank
stabilization effort while considering the landowners' needs.
2.2.2 Past Documents and Activities Addressing this Reach
City Erosion Inventories
The City of Golden Valley completed erosion inventories and assessments on the Bassett Creek Main
Stem as it flows through the City. The City updates its inventory annually.
City staff completed the inventories by walking the length of Bassett Creek and identifying, locating,
and documenting sites of significant bank erosion and sediment deposition, as well as the presence of
obstructions, storm sewer outlet structures, and other utilities within the stream channel.
Documentation included location of the site on aerial photographs, notes on the details of each site,
and a digital photograph of each site.
The inventories included an estimate of the extent of erosion, measured as a percent of the entire
bank that was eroding, and each site was classified as minor (less than 25%), moderate (25 - 50%),
and severe (more than 50%). Typically, the causes of erosion were related to the following:
o concentrated runoff from parking lots, streets, and open channel drainage
o storm sewer outfalls discharging above the normal water level of the creek
o surface runoff across exposed unvegetated slopes, steep slopes, or shaded slopes
o areas where turf is maintained to the edge of the creek with no vegetative buffer area.
Additionally, the inventories identified problems with utility structures, including
o rusty corrugated metal pipes
o broken or cracked concrete pipes
o pipes separated at the joints
o flared end sections that have been removed or fallen into disrepair due to erosion
o buried pipe outlets
o significant deposition at the outlet of a structure
o debris blocking a structure
o protruding pipes and outlets located above the normal water level of the creek
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The City of Golden Valley's erosion inventory identified five erosion sites within Subreach 1 and six
erosion sites within Subreach 3, for a total of 11 erosion sites. All sites for these two subreaches
were classified as having a moderate erosion problem. There were also four obstructions, including
two on each sub-reach, and 24 utility structures, including 15 utility structures on Subreach 1 and
nine utility structures in Subreach 3, identified in the erosion inventory. When Barr staff reviewed
the reach in 2010, four additional sites were identified as having minor to moderate erosion problems
or the potential for erosion problems in the near future. Combining the 11 sites identified by the
cities and the four sites added by Barr staff brings to 15 the number of sites along the reach.
BCWMC
As part of the Bassett Creek Main Stem Watershed Management Plan (2000), the BCWMC estimated
the sediment and phosphorus loading to Bassett Creek from channel erosion. Three erosion scenarios
were evaluated for increased loadings resulting from three levels of channel erosion -minor,
moderate, and severe. The most likely scenario for Bassett Creek was between the moderate and
severe scenarios with approximately ten percent of the stream channel suffering from erosion.
Similar scenarios were used to estimate the additional loading of phosphorus to Bassett Creek.
The study results indicated that moderate channel erosion could contribute an additional
1,000,000 pounds of suspended sediments annually (increase from approximately 500,000 pounds to
1,500,000 pounds) and 50 pounds of phosphorus annually (increase from approximately 2,650
pounds to 2,700 pounds) to the Main Stem of Bassett Creek. The study results also showed that
stabilizing the Main Stem of Bassett Creek could reduce total phosphorus (TP) loads by an estimated
96 pounds per year and total suspended solids (TSS) loads by an estimated 200,000 pounds per year.
More recent computations completed for this feasibility study show that restoring this reach of
Bassett Creek could reduce TP loads by an estimated 60 pounds per year and TSS loads by an
estimated 105,000 pounds per year.
The BCWMC Watershed Management Plan recognized the need to restore stream reaches damaged
by erosion or affected by sedimentation. The BCWMC established a fund to cover the costs of
channel stabilization projects. However, the fund as authorized was insufficient to cover the costs of
all of the identified projects. In January 2007 the BCWMC's Technical Advisory Committee
recommended that the Commission add stream channel restoration projects to the Commission's ten-
year CIP. The BCWMC then went through a process to identify potential channel restoration
projects by stream reach, prepared cost estimates for the restoration of the reach, prioritized the
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restoration projects, and added the larger projects to the CIP. These restoration projects included the
Main Stem of Bassett Creek, the North Branch of Bassett Creek, the Sweeney Lake Branch of Bassett
Creek, and Plymouth Creek. These reaches of the creek have experienced increased stream bank
erosion, streambed aggradation, or scour. These erosion and aggradation processes are a
combination of natural processes, and increased runoff volumes and higher peak discharges in these
reaches of the creek that occur with urban development in the watershed. The sediment load from
the erosion and scour increases phosphorus loads to downstream water bodies, decreases the clarity
of water in the stream, destroys aquatic habitat, and reduces the discharge capacity of the channel.
The Commission added several of these channel restoration projects to their long range CIP in May
of 2007, including Reach 1 of Bassett Creek.
T'he BCWMC completed a draft Resource Management Plan (RMP) in Apri12009 (updated July
2009) for water quality improvement projects within the Bassett Creek watershed scheduled for
design and construction between 2010 and 2016. The goal of the RMP was to streamline the
permitting process with the I7.S. Army Corps of Engineers (USAGE) for all of the projects. The
RMP provided concept designs for stabilizing the stream banks along this reach of Bassett Creek as
well as background information about impacts to wetlands, threatened and endangered species, and
cultural and historical resources. The entire Reach 1 of Bassett Creek was included in the RMP,
including the two subreaches included in this feasibility study. Relevant information from the RMP
is included in this feasibility study.
Table 1 presents the restoration projects included in the RMP, along with their estimated start dates
and costs.
Table 1 Channel Restoration Projects added to CIP and included in the RMP
Creek Project Target Project Start Estimated Project Cost
Plymouth Creek, Reach 1 (PC-1) 2010 $965,200
Bassett Creek Main Stem, Reach 2 2010 $780,000
Bassett Creek Main Stem, Reach 1 2011 $715,000
North Branch 2013 $660,000
Plymouth Creek, Reach 2 (PC-2) 2015 $559,000
~ Costs as estimated in revised 2009 CIP
In 2008, the City of Golden Valley completed the Commission's first channel restoration project -
the Sweeney Lake Branch, King Hill Area project. This project involved restoration of approximately
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600 feet of the upstream end of the Sweeney Lake Branch of Bassett Creek. The Plymouth Creek,
Reach 1 and Bassett Creek Main Stem, Reach 2 projects are currently underway.
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COOPERATIVE AGREEMENT
FOR
BASSETT CREEK MAIN STEM RESTORATION
This Agreement is made as of this ~-)-day of `UC~p~2~,/ , 2010, by and between the
Bassett Creek Watershed Management Commission, a joint powers watershed management
organization (hereinafter the "Commission"), and the City of Golden Valley, a Minnesota municipal
corporation (hereinafter the "City").
WITNESSETH:
WHEREAS, the Commission adopted the Bassett Creek Watershed Management
Commission Watershed Management Plan on September 16, 2004 (the "Plan"), a watershed
management plan within the meaning of Minn. Stat., § 103B.231; and
WHEREAS, the Plan, as amended on July 16, 2009 and September 23, 2010, includes a
capital improvement program ("CIl'") that lists a number of water quality project capital
improvements; and
WHEREAS, the water quality projects identified in the CIP include a stream bank
restoration project in the City of Golden Valley described as the Restoration of the Main Stem of
Bassett Creek from Wisconsin Avenue to Rhode Island Avenue in the City of Golden Valley and
from Duluth Street in the City of Golden Valley to the City of Crystal Boundary, as more fully
described in the feasibility report for the Project prepared by Barr Engineering Company, entitled
Feasibility Report for Bassett Creek Restoration Project -Reach 1 dated September 2010, which is
made a part hereof (the "Project"); and
WHEREAS, the Plan specifies that projects in the CIP will be funded by a County tax levy
under Minn. Stat., § 103B.251; and
WHEREAS, on September 23, 2010, the Commission adopted a resolution ordering the
Project, directing that it be constructed by the City; and
WHEREAS, it is expected that Hennepin County will levy taxes throughout the watershed
in 2010 for the Project for collection and settlement in 2011; and
WHEREAS, the City is willing to construct the Project on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL
COVENANTS HEREINAFTER SET FORTH, T'HE PARTIES AGREE AS FOLLOWS:
1. The Project will consist of the stream bank restoration improvements in the City of
Golden Valley.
37S883v3 CLL BA29S-29
2. The City will design the Project and prepare plans and specifications for construction
of the Project. Plans and specifications, and any changes to such plans and
specifications, are subject to approval by the Commission's consulting engineer.
3. The City will advertise for bids and award contracts in accordance with the
requirements of law. The City will award the contract and supervise and administer
the construction of the Project to assure that it is completed in accordance with plans
and specifications. The City will require the contractor to provide all payment and
performance bonds required by law. The City will require that the Comrission be
named as additional insured on all liability policies required by the City of the
contractor. The City will require that the contractor defend, indemnify, protect and
hold harmless the Commission and the City, their agents, officers, and employees,
from all claims or actions arising from performance of the work of the Project
conducted by the contractor. The City will supervise the work of the contractor.
However, the Commission may observe and review the work of the Project until it is
completed. The City will display a sign at the construction site stating "Paid for by
the Taxpayers of the Bassett Creek Watershed".
4. The City will pay the contractor and all other expenses related to the construction of
the Project and keep and maintain complete records of such costs incurred.
5. The Commission will reimburse Four Hundred Nineteen .Thousand Five Hundred
Dollars ($419,500) of Project expenses from its Capital Improvement Program
Closed Project Account. The Commission will use its best efforts to secure payment
from the County in accordance with Minn. Stat., § 103B.251 in the amount of One
Hundred Sixty Thousand Seven Hundred Dollars ($160,700) by tax levy in 2010 for
collection in 2011. The total reimbursement will be up to Five Hundred Eighty
Thousand Two Hundred Dollars ($580,200).
Out-of-pocket costs related to the Project, incurred and paid by the Commission for
publication of notices, securing County tax levy, preparation of contracts, review of
proposed contract documents and administration of this contract shall be repaid from
fiends received in the tax settlement from Hennepin County. All funds in excess of
such expenses are available for reimbursement to the City for costs incurred by the
City in the design and construction of the Project. Reimbursement to the City will
be made as soon as funds are available provided a request for payment has been
received from the City providing such detailed information as may be requested by
the Commission to substantiate costs and expenses.
6. Reimbursement to the City will not exceed the amount specified above from the
Capital Improvement Program Closed Project Account and the amount received
from the County for the Project less any amounts retained by the Commission for
Commission expenses. Reimbursement will not exceed the costs and expenses
incurred by the City for the Project, less any amounts the City receives for the
375883v3 CLL BA295-29 2
Project as grants from other sources. All costs of the Project incurred by the City in
excess of such reimbursement shall be borne by the City or secured by the City from
other sources.
7. All City books, records, documents, and accounting procedures related to the Project
are subject to examination by the Commission.
8. The City will secure all necessary local, state, or federal permits required for the
construction of the Project and will not proceed with the Project until any required
environmental review is completed.
IIV WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers on behalf of the parties as of the day and date first above written.
BASSETT CREEK WATERSHED
MANAGEMENT COMMISSION
By:
Its C it
(~, c ~
And b ~ ~-
ts Secretary
CITY OF GOLDEN VALLEY
By:
Its Mayor
And by:
Its Manager
375883v3 CLL BA295-29
,,ww//
r~~~
& Axsxrclutes, Inc. Infrastructure ^ Engineering ^ Planning ^ Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Memorandum
To: Al Lundstrom, City of Golden Valley
From: Pete Willenbring, PE, WSB & Associates, Inc.
Date: November 24, 2010
Re: Scope of Work Associated with the Restoration of Reach I within Bassett Creek
I. Introduction
As requested, outlined below is a Scope of Work associated with providing engineering services
needed for the restoration of Reach 1 within Bassett Creek. Based on the Feasibility Report
prepared by Barr Engineering dated August 2010 for this project, Reach 1 of Bassett Creek
extends over a distance of 15,800 feet and is broken out into three sub-reaches, which include the
following:
• Sub-Reach 1: This reach begins at Wisconsin Avenue, just south of 10'~ Avenue No.,
and extends to the intersection of Rhode Island Avenue and the Luce Line Pedestrian
Trail. Sub-Reach I has approximately eight maintenance locations and is 2,300 feet in
length.
• Sub-Reach 2: This reach begins at the intersection of Rhode Island Avenue and the
Luce Line Pedestrian Trail, extends thru the Golden Valley Country Club, up to
Duluth Street, just east of the Honeywell Campus and west of TH100, and has a
length of approximately 9,500 feet. No maintenance activities are identified to be
performed within Sub-Reach II at this time.
• Sub-Reach 3: This reach begins at Duluth Street, just west of the Honeywell Campus
and extends to the Golden Valley and Crystal border (at approximately 27th Street
North). Sub-Reach I has approximately seven maintenance locations identified within
its 4,000 feet in length.
II. Background Information for the Restoration of Reach 1 within Bassett Creek
The work associated with the Restoration of Reach 2 within Bassett Creek is based on a
feasibility report dated August 2010 prepared by Barr Engineering for the Bassett Creek
Watershed Management Commission. The feasibility report identified 15 individual areas
along Sub-Reach 1 and Sub-Reach 2 of Bassett Creek that are eroding and for which
bank stabilization measures have been identified.
Minneapolis ^ St. Cloud
Equal Opportunity Employer
Al Lundstrom, City of Golden Valley
November 24, 2010
Page 2
III. Scope of Work
Outlined below is a listing of tasks that have been developed to provide the engineering services
needed to address the bank stabilization problems in the 15 locations identified in the Barr
feasibility report.
Task 1: Gather Background Information
As part of this task, background information related to the project will be obtained from various
sources. These sources will include Barr Engineering, Staff members from the City of Golden
Valley, GIS and record drawings from Golden Valley, and other background information that
may be made available as the project develops. A preliminary survey of the channel will also be
completed as part of this activity. Information regarding property boundaries and existing
easements that are dedicated over the area will also be collected.
Task 2: Complete Review and Analysis of Background Information
As part of this task, the background information collected will be reviewed and analyzed for the
purpose of refming the design for the stream stabilization measures to be utilized at the 15 sites.
It is understood that riprap, root wads, biologs, cross vanes, j-vanes, vegetated reinforced slope
stabilization (vrss), pipe outlet stabilization, live stakes, live fascines, and site grading will be
used to facilitate the necessary bank stabilization. Site inspections and analyses will be
completed at each site to better identify the most appropriate type of stabilization measure that
should be used in each location.
Task 3: Develop Preliminary Construction Plan
Utilizing the information developed is part of Task 2; a 50% complete preliminary construction
plan will prepared that outlines the stabilization practices and activities that will be completed as
part of this project. Although these plans will not be suitable for bidding purposes, they will be
adequate to describe the project, define easement acquisition needs and be suitable for use in
submitting permit applications and soliciting review comments from public and elected officials
as needed.
Task 4: Define Need for Easement Acquisition/Rights of Entry
As part of this task, the need to secure temporary, permanent easements or rights of entry to
facilitate construction of the project will be defined. It is anticipated that City staff will facilitate
securing these easements or rights of entry as needed. Should additional assistance from WSB
be required, we will be available to assist in this effort as an extra to this scope of work.
K:\01932-00\Admin\Docs\2011_Prop\MEMO PROP-basset week-111709.doc
Al Lundstrom, City of Golden Valley
November 24, 2010
Page 3
Task 5: Review Preliminary Plan with Stake Holders
As part of this task, the preliminary plans that were prepared as part of Task 1-3 will be
submitted for review to the City of Golden Valley and Bassett Creek Watershed Management
Commission. Upon completion of this review and receipt of comments, the 50% complete
preliminary plans will be updated.
Task 6: Submit Permit Applications
As part of this task, permit applications will be prepared and submitted to the US Army Corp of
Engineers fora 404 Permit and Section 401 Certification from the Minnesota Pollution Control
Agency (MPCA). Permits will also be prepared and submitted to the LGU in compliance with
Minnesota Wetland Conservation Act, and a permit application will be prepared and submitted to
the DNR for a Public Waters Work Permit. Appropriate permits will also be applied for as
needed for proper disposal of dredged materials. A NPDES Storm Water Pollution Prevention
Permit application will also be submitted for the project that will address managing erosion
during construction.
Task 7: Permit Application Follow-up
As part of this task, WSB personnel will provide up to 80 hours of time to monitor the permit
review process and provide additional information to the permitting agencies to answer questions
relating to the project. As part of this effort, WSB will periodically "check-in" with these
agencies to increase the probability the permit process will be completed in a timely manner.
Task 8: Complete Tree Inventory
As part of this task, a tree inventory will be completed in the vicinity of the 15 sites where work
will be completed and a tree removal and replacement plan will prepared.
Task 9: Develop Final Plans and Specifications
Upon receipt of permits from the various agencies, final plans and specifications for the project
will be prepared. The plans will define the construction limits, provide details for work to be
completed in each of the site areas, document the location of utilities that maybe present within
the construction limits as provided by the utility companies, and reflect design and construction
requirements that are outlined in the various permits that were secured for the project. The plans
and specifications will utilize the City of Golden Valley front-end documents, and will reflect a
need for bidders to have prior experience and be qualified in performing these types of bank
stabilization practices. The plans will also reflect the need for trail replacement in selected areas
as needed with the understanding that for areas within the City of Golden Valley, the City will
utilize their crews for replacement of the trail.
K:\01932-00\Admin\Docs\20ll_Prop\MEMO PROP-basset creek-111709.doc
Al Lundstrom, City of Golden Valley
November 24, 2010
Page 4
Task 10: Submit Final Plans and Specifications to City of Golden Valley and Bassett Creek
Watershed Management Commission for Approval
As part of this task, the final plans and specifications will be submitted to the three agencies
listed above for approval prior to sending out an Advertisement for Bids for the project, with the
intention of bidding the project in the late summer, early fall of 2010.
Task 11: Provide Engineering Support Services During Bid Process
As part of this task, an Advertisement for Bids for the project will be prepared, apre-bid meeting
will be held, and WSB staff will be available to answer contractors' questions, send out any
necessary addendums, and prepare a bid tabulation and recommendation for award.
Task 12: Provide Construction Services
As part of this activity, field staking for the work will be provided, along with project
management and construction observation services. Tree Trust personnel will be utilized to
maintain plant materials that are installed as part of the project.
Project Schedule and Estimated Cost
It is understood the Restoration Reach 1 of Bassett Creek should be completed in 2011. A
breakdown on the estimated cost and schedule to complete this work is attached.
Thank you for the opportunity to submit this proposal to complete this work. Please review this
information and contact me with any questions, comments, or suggestions regarding the work
plan.
I hereby authorize WSB & Associates, Inc. to proceed with the above-referenced Scope of Work
in accordance with the fee and schedule outlined herein.
City of Golden Valley
Date
K:\01932-00\?.dmin\Docs\2011_Prop\MEMO PROP-basset week-111709.doc
Estimated Approximate
Task Hours Billing Rate Subtotal
I. CuthcrRackrrvuntllnfor-nation
Principal 20 $134 $2,680
Project Manager 20 $112 $2,240
Graduate Engineer $76 $0
GIS Specialist 8 $68 $544
Survey Crew 40 $200 $8,000
Subtotal 88 $13,464
2. Complete Reviex~ atidAnalysis of Brrel~rvurtd
Infer»~atian
Principal 8 $134 $1,072
Project Manager 24 $112 $2,688
Graduate Engineer 24 $76 $1,824
CAD Technician 4 $68 $272
GIS Specialist 4 $68 $272
Subtotal 64 $6.128
3. Develop P,•eliminary ~'onstructian Plan
Principal 16 $134 $2,144
Project Manager 8 $112 $896
Graduate Engineer 40 $76 $3,040
CAD Technician 80 $68 $5,440
GIS Specialist 80 $68 $5,440
Subtotal 224 $16,960
Easement :9cgeiisltion
Principal 8 $134 $1,072
Project Manager 8 $112 $896
Graduate Engineer 16 $76 $1,216
GIS Specialist 16 $68 $1,088
Subtotal 48 $4,272
S. Tlercrv Prelimi»ary Plan with SYaiF~;~eltl8~s
Principal 8 $134 $1,07'2
Project Manager 16 $112 $1,792
Graduate Engineer 16 $76 $1,216
CAD Technician 8 $68 $544
GIS Specialist 8 $68 $544
Subtotal 56 $5,168
6. Submit Permit Appl<cations
Principal 8 $134 $1,072
Project Manager 40 $112 $4,480
Graduate Engineer 60 $76 $4,560
GIS Specialist 8 $68 $544
Subtotal 116 $10,656
7. Pert»it A~Plicutiorr Fvllo>~~-up
Principal 28 $134 $3,752
Project Manager 40 $112 $4,480
Graduate Engineer 8 $76 $608
GIS Specialist 4 $68 $272
u tota 80 $9,112
8. Complete Tree Ittrc:ntorv
Principal $134 $0
Project Manager $112 $0
Graduate Engineer 20 $76 $1,520
GIS Specialist $68 $0
Subtotal 20 $1,520
9. Develop ~'inul flans and S~ecfrcatiorts
Principal 16 $134 $2,144
Project Manager 40 $112 $4,480
Graduate Engineer 40 $76 $3,040
GIS Specialist 0 $68 $0
Subtotal 96 $9, 664
10. Submit x'~nul Plaits and S~ecifrcut~ons to: City of
Golden. Palley atatf Basset Creep lI'aterched
Mantrgemen# Commission for ,~pprorul
Principal 8 $134 $1,072
Project Manager 16 $112 $1,792
Graduate Engineer 8 $76 $608
GIS Specialist 4 $68 $272
Subtotal 36 $3, 744
11..~'revitte Engineering Support Services Durixtg
id I'rpce~s
Principal 8 $134 $1,072
Project Manager 24 $112 $2,688
Graduate Engineer 8 $76 $608
GIS Specialist 0 $68 $0
Subtotal 40 $4,368
]2. Provide Cntts~uction Services {S creeks)
Principal 32 $134 $4,288
Project Manager 40 $112 $4,480
Graduate Engineer 320 $76 $24,320
GIS Specialist 0 $68 $0
u tota 392 $33,088
EST~klr1T~D PROJ.CCT N~URS & COST 59G ,89,736
Schedule for Development of Capital Improvement Plan
~rlr
./ax /~eb tlarrlt April May June July August Sept Oct Nov Dec
1. Gather l3aelrgrounrl I~rfornurtron
2. Cotnpls?te l~evi~w artid An~rlVsis of Barkg~ound
rt~ jar~rtatirrn
. ,~vetnp Pretii~izrrarv Cort~ctrt~rt~fnrr dart
Iiaserit Arun
~~iv ~h-~ ~ i ~r~ ~
~i.'Sit~tlt Pt3ttlti~~~iplicatlans
y 1'ernrft application ~nllaw-up
8. Complete Free 1'nue~fort>
9. Develop Final Plans rnd Specifirutian>s
1 ~:! SultntiY ~nn1~'Inns trnd Sp~C~eatfn~s tv ~'zty
of Golden t~irlley acrd ~ssec Creek 1Waters~herl'
anrrgement Camrttissian fvr Apprr~val
11 ~"rovirle Frig#neer#ng Supprtrt Serti~ice~ T#rrring..`
l~wirllrt s
1~ St+~rf G`txrrctr~r~ rc~d ~ C"vrsb~rirtian
'res'
Golden
Valley
Public Works
763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. H. City Improvement Project 12-02: Harold Avenue and Rhode Island Avenue
1. Request Feasibility Report
2. Authorize Agreement with SEH, Inc. for Professional Services
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Summary
The City's 2011-2015 Capital Improvement Program (CIP) includes the reconstruction of
Harold Avenue between Winnetka Avenue and Glenwood Avenue, and Rhode Island Avenue
north of Harold Avenue in 2012. Harold Avenue is part of the City's Municipal State Aid
(MSA) system and Rhode Island Avenue is part of the local street system. It is anticipated
that the significant portions of the reconstruction of Harold Avenue will be funded by the City's
MSA Construction Funds, which are allocated to the City from gasoline tax revenues.
Due to the potential redevelopment of the existing residential property on the north side of
Harold Avenue between Winnetka Avenue and Rhode Island Avenue, the future of Rhode
Island Avenue is uncertain. Property ownership records indicate that all property fronting
Rhode Island Avenue is currently under the ownership of a single party, except for one parcel
that the City owns and utilizes as a stormwater quality pond. For efficiency reasons, staff is
recommending that preliminary design proceed for Rhode Island Avenue at this time and
decisions regarding the reconstruction be made in the future.
If the City Council authorizes staff to proceed with the preparation of a feasibility report, staff
will begin the preliminary work required for project development. A letter proposal for the
design services for the project has been received from the consulting engineering firm of
SEH, Inc. The proposed design services include preliminary survey, geotechnical review and
recommendation, traffic and water resource engineering, public participation, preparation of
the feasibility report, and completion of construction plans, specifications and bidding
documents. The estimated cost of these professional engineering services is not to exceed
$223,900 as outlined in the attached proposal from SEH dated November 22, 2010. As
discussed in the SEH proposal, the anticipated cost for preliminary engineering of Rhode
Island Avenue is $16,000.
The public participation and preliminary engineering services for this project will begin shortly
after the Council's authorization for the feasibility report and the SEH professional services
contract.
Attachments
Map of City Improvement Project 12-02: Harold Avenue and Rhode Island Avenue (1 page)
Resolution Ordering Preparation of Feasibility Report for Improvement -City Project 12-02
Harold Avenue and Rhode Island Avenue North (1 page)
Proposal letter from SEH, Inc. to Jeannine Clancy dated November 22, 2010 (12 pages)
Recommended Action
Motion to adopt Resolution Ordering Preparation of Feasibility Report for Improvement -City
Project 12-02 Harold Avenue and Rhode Island Avenue North.
Motion to authorize entering into an agreement for professional engineering services with
SEH, Inc. in an amount not to exceed $223,900.
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Resolution 10-70 December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION ORDERING PREPARATION OF
FEASIBILITY REPORT FOR IMPROVEMENT
CITY PROJECT 12-02
HAROLD AVENUE AND RHODE ISLAND AVENUE NORTH
WHEREAS, it is proposed to reconstruct the streets listed below and to assess the
benefited properties pursuant to Minnesota Statutes Chapter 429 for the following streets:
Harold Avenue: Glenwood Avenue (CSAH 40) to Winnetka Avenue North (CSAH
156)
Rhode Island Avenue North: Harold Avenue to the cul-de-sac just south of TH 55
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota that the proposed improvements be referred to the City Engineer for
study and that he is instructed to report to the Council with all convenient speed advising
the Council in a preliminary way as to whether the proposed improvements are feasible
and as to whether they should best be made as proposed or in connection with some other
improvements, and the estimated cost of the improvements as recommended.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
/,.
~~N
November 22, 2010
Jeannine Clancy
Director ofPublie Works
City of Golden Valley
340(1 Golden Valley Road
Golden Valley, MN 55427
Dear Jeannine:
RE: Golden Valley
Harald Avenue Reconshuction
Clty PrO~ect Na.12-~
Thank you for the oppartuzzity to provide professional services to the City of Golden Valley for the
reconstruction of Harald Avenue from Glenwood Avenue to Winnetka Avenue, and Rhode Island, from
Harold Avenue to the culdesac just south of TH 55. The City is requesting a scope of work that includes
preliminary, final design, plan preparation and bidding services. This letter serves as the Supplertzental
Letter Agreement in accordance with the Agreement far Professional Services between the City of
Golden Valley and SEH.
Background
The City of Golden Valley proposes to rehabilitate Harold Avezrue from Glenwood Avenue to Winnetka
Avenue. This segment of roadway is a designated Municipal State Aid (MSA} Route approximately %a
miles in length. Harold Avenue is classified as a minor collector that currently carries average daily traffic
(ADT) volumes of 1050. The current land use adjacent to the roadway is residential, single family and
multi-family Names. Thez~e is a large wetland corrrplex located south of Harold near Winnetka (Western
Avenue Marsh), just south and west of Vallee D'ar Townhomes, Spirit of Hape Church is located an the
north side, east of Rhode Island and Lion's Park is located between Ridgeway Road and Louisiana
Avenue North,
In addition to the preliminary and final design of the street and utilities for the corridor, SEH is
completing a haffic study under separate contract to evaluate the effects of potential land use changes to
the properties north of Harold Avenue. This study report tivill document the expected traffic demands and
recommend resulting mitigation that may be needed pending future redevelopment. The study will help
guide the design of the izrtersections of Harold Avenue at Winnetka, Rhode Island and Glenwood
Avenues for this project.
The City lies also asked us to include reconstruction of the short segment of Rhode Island north of Iiaz:old
Avenue in the protect, although at this time it is unknown how this street segment wi11 factor in with the
potential for area redevelopment. For the purpose of this proposal, we have separated out the costs for the
survey, preliminary design and final design for this street segment, sa that it can be considered as an
option as each phase progresses.
Public utilities such as water, storm sewer.. and sanitary exist in the right of way. The need far
improvements to the existing public utilities as well as other private utility facilities such as underground
power and gas wi11 be identified as part of the scope of work, however, the extent of the amount of
rehabilitation required will not be known until after the preliminary design phase.
Short ~Uiott t•Eentiricksan Inc., 3535Vadnais Center tarive, St. Paul, MN S51l4-5146
Spi-i is an equal opportunity employer ~ www.sehinc.cam ~ 651.490.2000 ~ 840.325.2055 ~ 851. #80.2[50 fax
Jeannine Clancy
Navernber 22, 2010
Page 2
The project lacatiatz is spawn an the attached nzap.
Scope of Work
Preliminary Snz•vey
SEH will provide preliminary survey services far Harald Avenue and. Rhode Island. The proposed survey
tivark wi1L include obtaining vertical and harizantal central, available property corner and monument
central, and the gathering of topographic, profile and crass-section information. SEH will request design
locate infarznatian about private utilities from Gaplter One and inclztde them in fihe base map generated
far the plans.
Pztblic Involvement
The public involvement approach to this project is expected to be similar in nature to thaw fallaived in
the City's PMP project. We expect to assist the City with an initial newsletter to introduce the project to
the neighbarhaod and one open house format meeting. Irt addition, SEl3 ~avill provide bath exhibits and
staff at the public involvement open house. The exhibits far the open pause will consist of City supplied
aerial phatagraphy an which the project area is illustrated with preliminary design information prepared
by SBH. We have also included time to prepare 3 to 4 large graphic boards. The City will provide sign in
sheets, comment cards and atlter information in project folders. At this time, eve have assumed that Sue
Masan, the Project Manager, Dan Erickson, Project Engixxeer and Mike Katila, Traffic Engineer will be
present at the open hawse.
The puzpase of the open hawse will be to present the preliminary design layout and answer any fallow up
questions. This meetutg is expected to be held toward the end of the preliminary design phase of the
project.
Far the purpose of this prapasai, rsre have included time for the PM, or anafher staff member {as needed}
to attend true issue specific meetings that maybe necessary for the project.
i'raject CammunicatlanlMeetings
We propose to attend a kick off meeting with Public Wanks staff at the beginning of the project. The
purpose of this meeting will be to plan the public process, check in ante mare with the scope and
schedule, z~eceive direction and assign tasks. We have included a number of staff meetings in the scope,
expecting to hold mazttlzly progress meetings during the final design phase. We believe consistent
monthly design team meetings will provide goad timing far feedback and critical to keeping the design,
schedule and design budget an track.
Geateclznicai Street Analysts and Report
The gealagic atlas revealed that the subsurface sails in Harald Avenue will be mixed. Same areas will
likely prove to be clayey till type materials typical in Golden Valley and ether sheets could be underlain
with. a mix of swamp deposits and till. We knave from the project at Winnetka Avenue, that underlying
swamp deposits exist in the area of the intersection. Based on experiences with ether project, it is likely
that canstructian debris could be discovered in Liens Park, a potential lacatian far a surface water quality
pond. We have included additional borings itt this general area and s hours of our environmental
engineer's time to help us scope the additional clean up, testing and reporting work ifneeded.
SEH's geatechnical engineers will be providing the geatechnical baring coordination, evaluation and
technical assistance with the project. They will caardinate the baring locations and material testing
.Teanzrine Clancy
November 22, 201(1
Page 3
program, sub grade and pipe bedding recommendations. SEI-I will review the szrbsurface materials and
borings, identify potential problems, develop an additional boring program (if necessary} and make
recarnznendations based upon the information that is available. '1'he recanxmendations will be summarized
in a nzema far your information and project file. Soil borings and Lab Testing services will be performed
by AET and subcontracted by SEH.
More specifically, AET will perform nine ~9) sail borings on Harold Avenue with atruck-mounted drill
rig under tlxe direction of SEH geoteohnical staff. Faun borings will be taken to 25-foof penetration in tlxe
vicinity of Winnetka to determine the extent of sxvamp deposits azxd soft alluvial clays in the area. The
other five (5} borings will be #akerx to IS-foot penetration along the remainder of Harald Avenue. We
have included one additional boring for Rhode Island taken to the 15-foot penetration. AET will perform
fzve (5) borings to 20-foot penetration in Lions Park with grubber-tired a11-terrain vehicle far a potential
storm water pond. The large nxunber of borings is planned so as to identify the location of buried debris if
passible.
Sub watershed W titer Quality Investigation
The majority of the surface water from Harold Avenue drains southerly into the East Ring and West Ring
ponds and then over to Courtiawn pond in the Sxveeney Lake District. Trunk storm sewer, 30 inch
diameter and G0 inch diameter conveys water from nor#h of TH 55, through the project and south along
Lions' Dark. SEH water resauxce staff will. review the sub watershed drainage featxrres and evaluate the
feasibility of providing water quality treatmeaxt in nozthwest area of Lions Park. We will review the ability
to either capture lo•ty flows from the existing 30 inch diameter pipe or capture nrnoff directly from the
roadway and treat it, prior to discharge into the storm sewer system.
A small portion of Harold near the intersection with Winnetka drains into the Western Avenue Marsh
Complex which is part of the Bassett Creek District. At this time, we expect to utilize existing drainage
facilities in that area.
Sidewalks and Traits
There is an existing sidewalk an the south side of Harald Avenue. Tlxe condition and location will need Yo
be reviewed as part of this project. The City's Sidewalk and Tzail plan identifies a trail along the south
side of TII 55 in this area. Given the potential far redevelopment, the study far this project should review
tlxe feasibility of locating a trail along Harold Avenue instead. A trail in this locations would nicely link
residential areas with two parks, Lions and Brookview, with tlxe trail system that connect to the
commercial area north of TH 55 at Wizuietka..
TrafliclIntersectlon Imlxrovexnerxts
The desigzx team far this project will rely orx the results of the traffic study being conducted about the
redevelopment to guide the design. The intersection geometry and operational aspects of Winnetka,
Rhode Island and Glenwood Avenue will be incazporated into this project. The design team xvil] review
the intersection geometry at the neighborhood street intersection as well and evaluate the options
available for improvements.
Additional time has been budgeted to assist the City with minarlmiscellaneous traffic issues as they arise
durirxg the project. We anticipate including signing and striping plans in the final design and plans, given
that it is a MSA street,
Jeannine Glancy
November 22, 2010
Page 4
Pl•elimillary, Final Design and flan Preparation
SEH will prepare preliminary street and utility design for the area. Existing profiles and alignments will
be reviewed and optimised far drainage, storm sewer added as needed, and driveway grades reviewed and
improved i f possible. The condition of the water main and sanitary sewer is not known at #his time, but
we included tune far some replacement and repairs if needed in addition to the routine maintenance and
adjustments because of the clew constnlction. The plans will be prepared according to Gity standards and
since the City is using MSA funds, Municipal State Aid standards will apply, Final Plans will be
submitted to the City staff and Mn/DOT for review and approval.
Project Team
Mike Ifotila, traffic engineer will participate in the public involvement activi#ies and oilier traffic related
matters. other technical experts nlay be called upon to participate in meetings, depending on the issues
that are brought forth by residents and other stakeholders. Sue Mason and Dan Erickson will join the team
to attend the project staff meetings and Neighborhood Open. House as needed. Dan Erickson is assigned
to the project as the Project Engineer, providing preliminary and final design, concrete evaluation and
technical production work, Ran Farmer will provide the geatechnical analysis and evaluation for Harold.
Deric Deuschle, wetland specialist, will provide technical assistance in the area of Watershed permitting
if required.
Schedule
We expect to begin working on the preliminary survey as soap as the contract is signed, weather
provided. The subsurface soils investigation field work will begin this winter as well if possible. The
feasibility repalt is anticipated for July 2011, public hearing in November, with final design and plans
summer of 2011. The letting will likely be in January or February 241.2.
The open pause is expected to be held in Tune 2011, prior to publishing and presenting the feasibility
repast,
Compensation
SEH proposes to be compensated far the scope of wank proposed in this Agreement an an hourly basis.
Compensation will be based an the hourly cost of personnel plus reimbursable expenses, including
reproductions, mileage acid equipment. We have estimated the services described above to cost a total of
223,944, which includes an optional $15,440 if design services for Rhode Island are included. We
evaluated the cast of the work compared to the estimated constl~lction cast. The engineering services far
the SEH portion of the project and prorafed percentages of the overall work on Harold Avenue represents
Salo of the estimated construction cost of .515 miles of local street construction of $2.5 million. This
appears to be itl a typical range of services required far street and utility design projects with public
involvement and traffic studies. The persolllhaur task budgets for each phase of the work are attached.
The summary of engineering services is as follows;
Preliminary Survey $ 21,100
Public InvalVement a11d Meet2ngS ~ ~9,~laa
Geotecllnical Services $ $,900
AET Drilling and Testing Services $ 8,500
Preliminary Design & Feasibility Report ~ 54,000
Final Design & Plan Preparation 80,000
lI arold Avenue Estimated Engineering Fees $ 207,900
Jeannine Clancy
November 22, 2010
Wage 5
Rhode Island Optional V4'ork
Preliminary Suzvey $ 2,500
AET Drilling {l additional boring) $ 500
Preliminary Design and Feasibility Report $ 5,000
.Final Design and Plan Preparation $ 8,000
Total Optional V4~ark $ 16,000
Total Harold Avenue and Rlxode Island $ 223,90Q
This agreement is an understanding of the project to date. If this document satisfactorily sets forth you
understanding of our agreement, please sign in the space bela~v and return one copy to our office.
We look forward to working with you, your staff and the community on this project. Thanks for the
opportunity to continue to work with the City of Golden Valley.
Respectively subnutted,
SHORT ELLIOTT HENDRICKSQN INC.
sa .Mason, P.E. f \
cipal
Approved this day of
City of Golden Valley, Minnesota
By
e: Mike K.otila, Icon Farmer
2010
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CITY PROD. No. EXHIBIT
(( '~ ' ~~ HAROLD AVENUE ~-2 NO.
b535 YAD,~IIJS CENIFR DR. ~ S
f~~:f~.,~ ST. PAUL, 4N ~„o A ~1~~~lley RECON5TRUCTION ~v2 12! ~ 1
_ CSAH 156
._ WINNETKA_ AVE ___N _______ _ _____.._.
City Project No.: 011-1
SEH Project No.: 110544
PRJNTED DATE:11/29/2010
Darold Avenue' Reconstruction'--
TASK 2011. 2012.
JA N :: :; :F EB M AR ,AP RIL ,M AY J:U ~1E J.U L••Y !Af J~ ',-SEPT OCT NOV: DEC
.:J
AN
DEB:::
PRELIMINARY DESIGN
FEASIBILITY REPORT City Review
PUBLIC MEETINGS Open House Coun
x eil Mtg Publi e Hearing
x
PROJECT MEETINGS
x
x
x
x
x
x
x
x
FINAL DESIGN City and MniDO T review
BIDDING
S:\FJ\6\Goldv\Common\Harold Ave Proposal StuffiSCHEDULEharold,xis 1 of 1 SHORT ELLIOTT HENDRICKSON INC
Harold Avenue Reconstruc[!on - Base Mapping
Deliverables; Original Survey Data {.ASC Formal), Siruclure Survey Data
Task
Sunq~
('ooni.
P%2cc!
hfanager
Specially
inginetr
Project
EngJIS Arch SeltntLsV
I.taA
'fechnidan
Suniy Crepe
11'ord
1'ratesor
A. Prelimina Survey
Horizontal Control 2
Vertical Control 8
CornerMlonument Search 6
To -Protite•Cross Sections ~ 40
Slructur8 Surve 8 16
Oata Transfer to Soihvare/Coordinates 6 6
Coordination 2
Surve Bori s 8
Pond site in Park 2 8
Totathours t12 6 2 t0 16 78
Protect labor cost this phase
Equipment charges
Survey Vehicle
Mileage
Survey Equipment
Miscellaneous
?otal ornfect cost th1.a task
Unipue comp ng ants 2r ssscmott
2 man SUrvey C(BW
Rhode Island Survey oplfonal • S2500 519,78D
5122
5150
$1,000
548
;;3]..1452
11Spfiles 1~splilFJlGotdv10503001exce1lPDS •2006-PM P. xis 1 I /29/2010
Harold Avenue Reconsfructlon-Pub/ic Involvement and Meetings
Deliverables: PubAc Involvement Meetings, Exhibits, Design Coordination Meetings
Task
Tranir
Engineer
i'rojtct
6lamger 11'ater
Resource
F:nginerr Desi n
g
Engineer Cra hir
P
Designer
Slaft }:nglneer R'onf
1'roceuor
A. Public Involvement
Pubi'ic Hearin 4
Council Worksho 3 3 1
Pro ect Area Nei hborhood O en House 1 meeli 8 e 8 2
AddUional Neighborhood Meetings 9 9 8 4 1
S. Desi n Coordlnatfon MeeU s
Preliminary Desi n 10 15 20
Final Design 12 18 24
C. Pre are Exhibits
Council Works /PubUcHearing 6 4 4
O n House - Aedals 2 12
Presentation Boards 2 8 18 8
Power Point Presentation 2 8 16
Traffic Meetings 6 8 2
D. Written Communications
Newsletter Ariicies 4 8 4 4
Miscellaneous 8 8
Total hours 305 58 75 8 88 32 36 10
Protect labor cost thls phase 538,268
Equipment charges
Mileage S560
Expenses 574
Reproductions S500
7otal~fect cost this task S39.400
Uninue comnananta or assum tl
Estimate includes revision o16 presentation boards, Hand- out copies of all boards,
power point presentation, various exhibits illustrating techntcal supporiing information
S:\FJ\G1Goidv\Commonli-larofd Ave Proposal SiufACopy of harold worfc hours xls 11/29/2010
Harold Avenue Reconstruction -Geotechnical Study and 17eaign
Deliverables: Geotechnical Report, Recommendations
Task
Sr. Geotech
Engineer
ProJetr
Mager
Geolec6
Engineer
ProJeti
F.ngJ1S.~rth st;rnlfsu
Lead
7•echnirian
Slatt
Technician
iYord
1'rottsor
A. Street Recommendations
Geol Maps, Plan InvesU ation 2
Drive Streets, Identi Problems Mark Sorin s 2
Mana a Field InvesU ations 3
Soil Borln s b Sub•Consultant
Sam le Review at Drilie>•s Lab 3 1
Finalize Bori L s 3
Plot Sort L son Street Profiles 2
Su rade Recommenda0ons A 1
Rs rt g 2 3
Plans & rs 4
MeeUn s q
Misceitanous Geotechnical Sv rt 6
Consultwith Environmental E ineer 8
Total hours 56 q9 0 4 0 ~ 0 0 3
Project labor cost this phase $8,761
Equipment charges
Mileage $58
OtherlSubs 58,500
Miscellaneous $93
Total orolect cost this task 517,404
Unique com ne015 or assumptions:
AET is subcontracted
S:\FJ1G1GoidvlCommonViarold Ave Proposal SiulilCopy of harold work hoars.><ts 11/22/2010
Harold Avenue -Preliminary Design and Feasibility Report
Deliverables: 11x17 exhibits for report, preliminary design sketches and layouts, teasbillty report, preliminary costs
Task
Proleel
Rlanager
Specially
ingiraer
Project
Hngll.S.lrch Se1en11sU
Lead
Stag
9'ecbnidan
ri'ord
1'rarsor
A. Prelimina Design -Roadway
lcal sections 2 8 12
Horizontal and eometric desi n 4 16
Centerline and curb roliles 16 16
Cross sections and eatihwork 2 8 16
8. Preliminary Draina a Desi n
Draina a Areas 8
Prelim Storm Sewer 2 24 10
C. Subwaterahed Study
Review oriunitieslortreatmentin ark 2 1S 1S
Re rtwrite-u 3 3
D. Preliminary Utility Design
Sanila sewer 8 12 12
Water 8 12 12
E. Pre are Report
Draft Re rt 4 4 24 8 10
Exhibits 4 8 20 20
F. Preliminary Cost Estimate 2 8 24 24
Total hours 406 18 22 142 136 78 10
Protect labor cost this phaso $49,238
Equipment charges
Mileage 5262
Reproduction SS00
Miscellaneous
Total protect cost this task S50.060
Unique components or assumnlians:
Scope of work for tralfic and trail work will be determined by preliminary studies and investigations
S:\FJ1G\Goldv\CornmonlHarold Ave Proposal StuillCopyof harotd work hoursl.xis 11129/2010
Narold Avenue -Final Design & Plan Preparation
Deliverables: 11x17 plans and specs for review and Permit applications. Plans and specifications for Bidding
Engineers estimate
TBSk
1'roJect
Manager
Sperialflr
tingineer
1'rioject
EngJISArch SrfentisV
Leal
Technidan
Stan
Technielan
1YOn1
Proceaor
A. Detail Design -Roadway
Finalize ical sections 2 4 8
Finalize horizontal and eometric desi n 2 4 8
Finalize centerline and curb rofiles 4 8
Fnal cross sections and earthwork 4 8
B. Permit Preparatlon l Agenc Coordination
Pre re rmit a lications to:
C. Final Drainage Desi n
Pre are final storm sewer desi n __
_
4
20
0. Plan Preparatlon 8
Title sheet 1 sheaf 2 8
Statement of Estimated Quantities (4 sheets) 8 18
Standard Details 6 sheets 2 16
T icai Sections 2 sheets 4 16
Tabulations 10 sheets 16 32 8
SWPPP 4 sheets 4 4 16 8
Aii nment Plan 2 sheets 4 16 2
Intersection Desl n 2 sheets B 16 2
O en at:e/Pondi Pian 2 sheets 16 8 8
Plan and Profile, Gradi 4 sheets 8 16 8
Plan and Profile Utilities 4 sheets 8 t6 8
Pian and Profile Storm 4 sheets 8 16 8
Cross Sections 14 sheets 8 16
E. Engineer's Estimate / Quantit Takeoil 4 8 20 40 40
F. Prepare S citlcatlon 8 8 40 12
G. Revkw Coordination 4 8
Total hours 636 28 40 192 280 8Q 12
Project laborcost this phase 578,224
~quJpment charges
Mileage 5276
Reproduction 51,500
Miscellaneous SO
Total JLroJect cost this cask SB(1_ 000
Unique com ne s or assum tip ons:
S:\F,l1GlGoldvlCommonV-larold Ave Proposal StuiflCopy of haroltl work hourst xis 1 U29/20f0
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Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. I. Approval of 2011-2015 Capital Improvement Program
Prepared By
Sue Virnig, Finance Director
Summary
The 2011-2015 Capital Improvement Program was presented to the City Council at the
Council/Manager meeting on October 12, and November 9, 2010 and was approved by the
Planning Commission at their meeting of October 25, 2010. The financing section outlines the
appropriate budget for each section.
Attachments
Planning Commission Meeting minutes dated October 25, 2010 (2 pages)
Resolution Approving the 2011-2015 Capital Improvement Program (1 page)
2011-2015 Capital Improvement Program (distributed previously)
Recommended Action
Motion to adopt Resolution Approving the 2011-2015 Capital Improvement Program.
Minutes of the Golden Valley Planning Commission
October 25, 2010
Page 2
Warren Rottman, Applicant, stated that this is basically a property swap. It won't affect
p p y ' nse to subdivide the property the way
the ah a ro osm's maintained and it makes '~
Y ~ g•
Waldhauser open ~ ublic hearing.
comment, Waldhauser the public
MOVED by Cera, seconded by K
approval of the Minor Subdivision req
and 1021 Angelo Drive subject to theme!
ng and hearin ne wishing to
ring.
~n carried unanimously to recommend
properties located at 941 Angelo Drive
~nditionsr. ---
1. The City Attorney will
final plat. _,~
2. The City Engine email, dated Octc
approval.
3. The P inary Plat submitted by the
b e part of this approval.
prior to approval of the
4, 2010, shall become of-this
plicants, dated September 9, 2010, shall
3. Presentation of Capital Improvement Program 2011-2015 -Sue Virnig, City
Finance Director
Sue Virnig, Finance Director, explained.that the Planning Commission reviews the
proposed Capital Improvement Program (CIP) because it is an appendix in the City's
Comprehensive Plan. She explained the various sections in the CIP and stated that the
City Council has reviewed the dacument~'ance already and they will be reviewing it
again in November.
Eck referred to the golf course section and asked how the interest earnings estimates
were figured. Virnig explained that the money is pooled and the interest earnings are
distributed based on the average cash balance for the year. She noted that the numbers
are evaluated every year.
Eck referred to the_Park Improvement Fund and asked if the Hennepin County sports
grant revenue is ongoing. Virnig stated that the City received a sports grant from
Hennepin County and it is only a one year program to make improvements to the Little
League fields near Honeywell.
Kluchka asked Virnig to highlight any major changes in this document. Virnig stated that
one change is that the City no longer has Valley Square tax increment. She explained
another change is that the Douglas Drive project has been put in the CIP because the
franchise fee ordinance has been approved.
Minutes of the Golden Valley Planning Commission
October 25, 2010
Page 3
Kluchka asked what impact the current economy has had on this five-year plan. Virnig
stated that the size of the 2011-2012 Pavement Management Program has been
reduced and extended over a longer period of time. She added that the City is also
trying to stay level on its equipment replacement costs.
Waldhauser referred to the state aid fund shown on page 13 and asked why the
balance is carried at such a high level. Virnig stated that the fund builds up until there is
money to fund various projects.
Eck referred to the franchise fee recently approved and asked why it is being applied to
Excel and not to Centerpoint. Hogeboom stated that the main purpose of the fee"is to
bury Excel's power lines in order to make room for improved sidewalks. Kluchka added
that it is also a convenient tool to raise revenue to pay for the long term project.
Waldhauser asked about the project planned for Scheid Park in 2014. Virnig explained
that the Scheid Park project has been delayed several times because there is a house
that would have to be removed.
Waldhauser referred to the funds regarding playground equipment, paths, benches,
shelters, etc. and asked if the budget is shifted as the demographics of the community
change and many playgrounds get less use. Virnig explained that a fot of the
playground equipment replacement projects have been delayed and that the
demographics and use are considered by staff and the Open Space and Recreation
Commission before equipment is replaced.
Cera referred to the demolition of two buildings on Xenia Avenue shown on page 94. He
asked if the City will tear down the buildings. Virnig explained that the City will tear down
the buildings once there is a-,payment plan agreement with the property owner in place.
Waldhauser referred `ta `the expenses for wetland restorations and said she assumes
the expenses listed in the CfP are for ponds or treatment areas that are owned by the
City. Virnig said yes and referred to the explanation on page 15.
Kluchka: asked how the projects in the CIP are prioritized. Virnig said the projects are
prioritized by staff and by the City Council based on need, safety concerns and the
impact on taxpayers.
MOVED by Kluchka, seconded by Eck and motion carried unanimously to recommend
approval of the 2011-2015 Capital Improvement Program as it is consistent with the
Comprehensive Plan.
--Short Recess--
Resolution 10-71 December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING 2011-2015 CAPITAL IMPROVEMENT PROGRAM
WHEREAS, the Planning Commission reviewed the proposed 2011-2015 Capital
Improvement Program on October 25, 2010; and
WHEREAS, the City Council has reviewed the 2011-2015 Capital Improvement
Program at the October 12 and November 9, 2010 Council/Manager meetings; and
WHEREAS, financing for projects outlined in the 2011-2015 Capital Improvement
Program will be reviewed each year and provided for by current approved budget or
specifically identified in the financing section in this document;
NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley approves the
2011-2015 Capital Improvement Program.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Cit_v
4! ~.,.~~_ „~_~~~. ~---
~~ ~ ~ Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. J. Adoption of 2011-2012 Budgets -Water and Sewer Utility, Brookview Golf, Motor
Vehicle Licensing, Conservation/Recycling, Storm Sewer Utility, Human Services Foundation
and Vehicle Maintenance Funds
Prepared By
Sue Virnig, Finance Director
Summary
The 2011-2012 Budgets of the above funds with changes since the Proposed Budgets were
submitted to the Council in September and October. All Budgets were reviewed previously at
the Council Manager meetings in September, October and November.
Attachments
Resolution Adopting the 2011-2012 Budget for Enterprise, Special Revenue and Internal
Services Funds.
Recommended Action
Motion to adopt the following Resolutions:
Resolution Adopting the 2011-2012 Budget for Enterprise, Special Revenue and Internal
Services Funds.
Resolution 10-72 December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING THE 2011-2012 BUDGETS FOR ENTERPRISE,
SPECIAL REVENUE AND INTERNAL SERVICE FUNDS
WHEREAS, in 2010, the City Manager presented a biennial budget cycle with a
proposed current budget year and an in concept budget proposal for the second year; and
WHEREAS, this proposed 2011 operating budget is submitted by the City in
accordance with Minnesota Statutes and other applicable laws in effect on this date; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, that the 2011 General Fund Budget are hereby given final approval.
FUND
DESCRIPTION AMOUNT
7000 Recycling $418,360
7120 Water and Sewer Utility 8,891,665
7150 Brookview Golf Course 1,780,155
7200 Motor Vehicle Licensing 529,135
7300 Storm Sewer Utility 2,850,555
2020 Human Services Foundation 58,500
8200 Vehicle Maintenance 334,415
TOTAL 2011 BUDGET $14,862,785
BE IT FURTHER RESOLVED by the City Council that the sources of financing are
through user fees, fundraisers, charges for services and those applicable revenues
described in each specific budget.
BE IT FURTHER RESOLVED, that the City Council declares its intent to take all
necessary actions legally permissible to the submission and approval of the City's budget
both proposed and final.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
GlCh
ot!
o en
galley
~! '~
Finance
763-593-8013 1763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. K. Receipt of October 2010 Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The monthly financial report provides a progress report on the following funds:
General Fund Operations
Conservation/Recycling Fund (Enterprise Fund)
Water and Sewer Utility Fund (Enterprise Fund)
Brookview Golf Course (Enterprise Fund)
Motor Vehicle Licensing Fund (Enterprise Fund)
Storm Utility Fund (Enterprise Fund)
The revenues and expenditures show current month actual and year-to-date actual compared
to the 2010 approved budget.
General Fund Operations: The 2010 unallotment from the State is estimated at $369,240.
The receipt of Market Value Homestead Credit (MVHC) will not take place in October and
December. As of October 2010, the City is using $2,646,939 of fund balance to balance the
General Fund budget.
Attachments
October 2010 General Fund Financial Report -unaudited (2 pages)
October 2010 Conservation/Recycling Fund Financial Report (Enterprise Fund) -unaudited
(1 page)
October 2010 Water and Sewer Utility Fund Financial Report (Enterprise Fund) -unaudited
(1 page)
October 2010 Brookview Golf Course Financial Report (Enterprise Fund) -unaudited
(1 page)
October 2010 Motor Vehicle Licensing Fund Financial Report (Enterprise Fund) -unaudited
(1 page)
October 2010 Storm Utility Fund Financial Report (Enterprise Fund) -unaudited (1 page)
Recommended Action
Motion to receive and file the October 2010 Financial Reports.
City of Golden Valley
Monthly Budget Report -General Fund Revenues
October, 2010 (unaudited)
Percentage Of Year Completed 83.00%
Over
2010 October YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $11,552,050 0 $5,767,470 ($5,784,580) 49.93% (1)
Licenses 151,865 3,412 193,036 $41,171 127.11
Permits 703,000 58,800 555,647 ($147,353) 79.04%
Federal Grants 0 6,399 25,713 $25,713 (6)
State Aid 10,500 4,249 44,082 $33,582 419.83% (4)
Hennepin County Aid 0 950 2,216 $2,216 (5)
Charges For Services:
General Government 37,710 269 33,048 ($4,662) 87.64%
Public Safety 197,395 13,033 139,453 ($57,942) 70.65%
Public Works 114,000 11,033 103,619 ($10,381) 90.89%
Park & Rec 392,500 16,814 351,508 ($40,992) 89.56%
Other Funds 981,500 44,251 86.1,373 ($120,127) 87.76%
Fines & Forfeitures 250,000 23,913 205,079 ($44,921) 82.03% (2)
Interest On Investments 200,000 0 0 ($200,000) 0.00% (3)
Miscellaneous Revenue 216,675 6,230 214,221 ($2,454) 98.87%
Transfers In 175,000 0 175,000 $0 100.00%
TOTAL Revenue $14,982,195 $189,353 $8,671,465 ($6,310,730) 57.88%
Notes:
(1) The first half taxes were received in July.
(2) Fines and Forfeitures is through September.
(3) Investments will be booked at year end.
(4) State Training was received in August.
(5) Includes Active Living Grant from Hennepin County.
(6) Includes reimbursement for VOTF.
October, 2010 (unaudited
Over
2010 October YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
Council $307,455 31,999 227,354 ($80,101) 73.95%
City Manager 802,390 49,261 580,960 (221,430) 72.40%
Admin. Services 1,571,070 102,055 1,199,218 (371,852) 76.33%
Legal 115,000 18,904 109,664 (5,336) 95.36% (1)
General Gov't. Bldgs. 599,500 29,821 368,853 (230,647) 61.53%
Planning 333,550 22,833 226,626 (106,924) 67.94%
Police 4,562,995 330,305 3,552,248 (1,010,747) 77.85%
Fire and Inspections 1,539,820 137,224 1,155,538 (384,282) 75.04%
Public Works Admin. 309,730 23,930 254,878 (54,852) 82.29%
Engineering 651,640 48,679 375,946 (275,694) 57.69%
Streets 1,371,495 85,519 907,156 (464,339) 66.14%
Community Center 74,605 3,869 38,729 (35,876) 51.91
Park & Rec. Admin. 639,845 47,036 499,521 (140,324) 78.07%
Park Maintenance 968,270 67,925 757,496 (210,774) 78.23%
Recreation Programs 427,910 16,128 310,492 (117,418) 72.56%
Risk Management 266,950 76,141 313,755 46,805 117.53% (2)
Transfers Out 439,970 0 439,970 0 100.00% (3)
TOTAL Expenditures $14,982,195 $1,091,629 $11,318,404 ($3,663,791) 75.55%
(1) This includes September YTD legal bill.
(2) Dividend is received in December. Four quarterly payments have been made.
(3) This expenditure was lowered due to the unallotment.
City of Golden Valley
Monthly Budget Report -Conservation/Recycling Enterprise Fund
October, 2010 (unaudited)
Over
2010 October YTD (Under)
Budget Actual Actual Budget Current
Revenue
Hennepin County Recycling Grant 51,425 0 58,227 6,802 113.23%
Recycling Charges 220,730 19,419 165,592 (55,138) 75.02%
Interest on Investments 15,000 0 0 (15,000) 0.00% (1)
Total Revenue 287,155 19,419 223,819 (63,336) 77.94%
Expenses:
Recycling 415,360 1,108 221,838 (193,522) 53.41% (2)
Total Expenses 415,360 1,108 221,838 (193,522) 53.41%
(1) Interest Earnings are allocated at year-end.
(2) This includes through August curbside services.
City of Golden Valley
Monthly Budget Report -Water and Sewer Utility Enterprise Fund
October, 2010 (unaudited)
Revenue
Water Charges
Sewer Charges
Meter Sales
MCES Grant Program
Penalties
Charges for Other Services
State Water Testing Fee Pass Through
Certificate of Compliance
Interest Earnings
2010 October YTD
Budget Actual Actual
Over
(Under)
Budget Current
(857,871) 78.63%
(732,210) 77.19%
(1,207) 75.86%
13, 286
18,060 118.06%
118,443 178.96% (1)
(8,582) 80.04%
28,000 162.22%
(175,000) 0.00% (2)
Total Revenue
Expenses:
Utility Administration
Sewer Maintenance
Water Maintenance
Total Expenses
4,013,700 434,958 3,155,829
3,210,000 298,400 2,477,790
5,000 311 3,793
0 0 13,286
100,000 9,168 118,060
150,000 40,470 268,443
43,000 4,071 34,418
45,000 5,750 73,000
175,000 0 0
7,741,700 793,128 6,144,619 (1,597,081) 79.37%
3,822,265 214,206 1,377,959 (2,444,306) 36.05% (3)
2,178,000 183,509 1,855,085 (322,915) 85.17%
3,782,905 214,786 2,328,630 (1,454,275) 61.56%
9,783,170 612,501 5,561,674 (4,221,496) 56.85%
(1) Includes prepayments of Sanitary repairs.
(2) Interest Earnings are allocated at year-end.
(3) Depreciation is allocated at year-end.
City of Golden Valley
Monthly Budget Report - Brookview Golf Course Enterprise Fund
October, 2010 (unaudited)
Over
2010 October YTD (Under)
Budget Actual Actual Budget Current
Revenue
Expenses:
Fees and Lessons 1,356,525 71,699 1,182,665 (173,860) 87.18%
Pro Shop Sales 75,000 5,931 74,891 (109) 99.85%
Pro Shop Rentals 287,300 18,782 223,895 (63,405) 77.93%
Concession Sales 240,000 13,738 209,205 (30,795) 87.17%
Other Revenue 10,000 0 101,132 91,132 1011.32% (1)
Interest Earnings 35,000 0 0 (35,000) 0.00% (2)
Less: Credit Card Charges/Sales Tax (158,000) (5,380) (29,650) 128,350 18.77% (3)
Total Revenue 1,845,825 104,770 1,762,138 (83,687) 95.47%
Golf Operations 656,870 28,472 544,065 (112,805) 82.83% (4)
Course Maintenance 726,580 67,922 837,684 111,104 115.29%
Pro Shop 110,470 6,093 113,407 2,937 102.66%
Grill 201,090 9,108 161,038 (40,052) 80.08%
Driving Range 46,875 2,795 40,470 (6,405) 86.34%
Par 3 Course 31,360 1,318 29,545 (1,815) 94.21%
Total Expenses 1,773,245 115,708 1,726,209 (47,036) 97.35%
(1) Includes cart sales of $98,700.
(2) Interest Earnings are allocated at year-end.
(3) Credit cards charges are posted through September.
(4) Depreciation is allocated at year-end. Cart purchases were $233,700.
City of Golden Valley
Monthly Budget Report -Motor Vehicle Licensing Enterprise Fund
October, 2010 (unaudited)
Over
2010 October YTD (Under)
Budget Actual Actual Budget Current
Revenue
Interest Earnings
Charges for Services
Total Revenue
Expenses:
Motor Vehicle Licensing
Total Expenses
(1) Interest Earnings are allocated at year-end.
(2) Include activity through September.
10,000 0 0 (10,000) 0.00% (1)
522,500 44,385 421,141 (101,359) 80.60% (2)
532,500 44,385 421,141 (111,359) 79.09%
518,345 28,472 459,217 (59,128) 88.59%
518,345 28,472 459,217 (59,128) 88.59%
City of Golden Valley
Monthly Budget Report -Storm Utility Enterprise Fund
October, 2010 (unaudited)
Over
2010 October YTD (Under)
Budget Actual Actual Budget Current
Revenue
Interest Earnings 50,000 0 0 (50,000) 0.00% (1)
Storm Sewer Charges 2,212,150 196,809 1,839,693 (372,457) 83.16%
Bassett Creek Watershed 580,000 324,000 324,000 (256,000) 55.86%
Total Revenue 2,842,150 520,809 2,163,693 (678,457) 76.13%
Expenses:
Storm Utility 2,356,340 7,390 628,481 (1,727,859) 26.67% (2)
Street Cleaning 117,530 11,985 77,368 (40,162) 65.83%
Environmental Control 277,020 13,701 141,759 (135,261) 51.17%
Debt Service Payments 433,805 500 148,610 (285,195) 34.26% (3)
Total Expenses 3,184,695 33,576 996,218 (1,727,859) 31.28%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end. 2009 and 2010 PMP are not complete.
(3) Principal payment is applied to long term debt. That amount is $280,000.
C'i n•
u/ ~ lm.~ s s ~ ~.
~Y1 ~ ~ Finance
11 763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. L. Reappointment of City Manager to Joint Water Commission
Prepared By
Sue Virnig, Finance Director
Summary
Golden Valley needs to reappoint a Commissioner to the Golden Valley-Crystal-New Hope
Joint Water Commission. This appointment has been the City Manager of each representing
City.
Attachments
Resolution Reappointing the City Manager as City of Golden Valley Representative on the
Golden Valley-Crystal-New Hope Joint Water Commission (1 page)
Recommended Action
Motion to adopt Resolution Reappointing the City Manager as City of Golden Valley
Representative on the Golden Valley-Crystal-New Hope Joint Water Commission.
Resolution 10-73 December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION REAPPOINTING THE CITY MANAGER AS
CITY OF GOLDEN VALLEY REPRESENTATIVE ON THE
GOLDEN VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION
WHEREAS, the Cities of Golden Valley, New Hope and Golden Valley created a
Joint Water Commission in 1963 to benefit the three communities; and
WHEREAS, the Commission owns the trunk water distribution system found in the
three cities and purchases water from the City of Minneapolis, and
WHEREAS, it is necessary to appoint city personnel to represent the City of Golden
Valley; and
WHEREAS, it would be in the best interest of the City to reappoint the City Manager
to the Commission for a three year term or until such time as there is a change to a joint
powers organization;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, that City Manager, Thomas D. Burt, is hereby reappointed as the City of
Golden Valley's representative on the Golden Valley-Crystal-New Hope Joint Water
Commission for a term expiring December 31, 2014.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Golden galley
- ~ - __
Public Work$
763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. M. 2011 Municipal Recycling Grant Agreement for Hennepin County Funding
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
Hennepin County has traditionally distributed all the SCORE (the Governor's Select
Committee on Recycling and Environment) funding it receives from the state to municipalities
for the purpose of supporting curbside residential recycling programs. Last year, Golden
Valley received $50,590 or about $0.53 per household per month.
In order to obtain these grant funds again in 2011, the City must sign an amendment to the
existing agreement with Hennepin County. The amendment extends the term for one year
and requires the same annual report for that additional year. The original agreement (2008-
2010) requires the City to submit an annual recycling report and grant application for County
funding that can be utilized for community recycling efforts.
Golden Valley's recycling program (including curbside recycling, brush pick-up, leaf drop-off
and Mighty Tidy Day) is supported through user fees. Residents currently pay $8 per quarter
per household for recycling services on their utility bills. This fee will increase to $10 per
quarter per household in April 2011.
Attachments
Resolution Authorizing Execution of Grant Agreement with Hennepin County for Residential
Curbside Recycling (1 page)
Amendment 1 to Residential Recycling Grant Agreement (2 pages)
Recommended Action
Motion to adopt Resolution Authorizing Execution of Grant Agreement with Hennepin County
for Residential Curbside Recycling.
Resolution 10-74 December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT
WITH HENNEPIN COUNTY FOR RESIDENTIAL CURBSIDE RECYCLING
WHEREAS, the City of Golden Valley, Minnesota, has a Residential Recycling
Program; and
WHEREAS, the recycling program is in conjunction with and supported by the
Hennepin County Commissioners; and
WHEREAS, the City desires to continue the program with Hennepin County's
support.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden
Valley that:
1. The City resolves to continue the Residential Recycling Program for one
calendar year - 2011.
2. The City Council authorizes the Mayor and City Manager to sign the 2011
Municipal Recycling Grant Agreement.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Amendment 1 to Contract No: A081228
AMENDMENT 1 TO RESIDENTIAL RECYCLING GRANT AGREEMENT
This Amendment 1 to Residential Recycling Grant Agreement (the "Amendment") is
between the COUNTY OF HENNEPIN, STATE OF MINNESOTA (the "COUNTY") A-2300
Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County
Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota
55401-1397 ("DEPARTMENT") and the CITY OF GOLDEN VALLEY, 7800 Golden Valley
Road, Golden Valley, Minnesota 55427-4588 ("CITY").
WHEREAS, the COUNTY and the CITY entered into athree-year Residential Recycling
Grant Agreement, Contract No. A081228 (the "Agreement"), for a residential recycling grant
commencing on January 1, 2008; and
WHEREAS, the County Board, by Resolution No. 10-0486, adopted on November 16,
2010, approved the Hennepin County Residential Recycling Funding Policy for the period
January 1, 2008, through December 31, 2011, and authorized grant funding for municipal
recycling programs consistent with said policy; and
WHEREAS, the parties desire to amend the Agreement to extend the term.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein, the parties agree as follow:
1. Paragraph a. of Section 1, TERM AND COST OF THE AGREEMENT, shall be
amended to read as follows:
This Agreement shall commence on execution and terminate on
December 31, 2011, unless terminated earlier pursuant to the
provisions set forth herein.
2. Paragraph b.4. of Section 2, SERVICES TO BE PROVIDED, shall be amended to read
as follows:
The CITY shall submit, on forms provided by the COUNTY, a
Final 2008 Report by February 15, 2009; a Final 2009 Report by
February 15, 2010; a Final 2010 Report by February 15, 2011; and
a Final 2011 Report by February 15, 2012. The CITY shall submit
an updated Grant Application by February 15 of each year.
3. Except as hereinabove amended, the terms, conditions and provisions of the Agreement
shall remain in full force and effect.
COUNTY BOARD AUTHORIZATION
Reviewed by the County Attorney's
Office
COUNTY OF HENNEPIN
STATE OF MINNESOTA
Assistant County Attorney
Date:
Recommended for Approval
By:
Director, Department of Environmental Services
Date:
By:
Chair of Its County Board
ATTEST:
Date:
Deputy/Clerk of County Board
By:
Richard P. Johnson, County Administrator
Date:
By:
Assistant County Administrator, Public Works
Date: __
CITY OF GOLDEN VALLEY
CITY warrants that the person who executed
this Agreement is authorized to do so on behalf of
CITY as required by applicable articles,
bylaws, resolutions or ordinances.*
Signature:
Printed Name:
Date:
*CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. This documentation shall be submitted at the time CONTRACTOR returns the Agreement to the
COiJNTY. Documentation is not required for a sole proprietorship.
'Golden Valley
.~
Public Works
763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. N. Authorize Amendment No. 2: Energy, Efficiency and Conservation Block Grant
Program; Award contracts for the 2010 Energy Efficiency Projects -Building Fixture Retrofit
and LED Traffic Signal Conversion
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Mitch Hoeft, EIT, Engineer
Summary
On January 19, 2010, Council authorized staff to prepare an application for the Energy,
Efficiency, and Conservation Block Grant (EECBG) for funds available through the Minnesota
Department of Commerce. The purpose of this grant program is to compensate public entities
for implementing energy efficient changes within their respective jurisdictions.
The City has been awarded $53,252 to complete three projects. These projects include
retrofitting existing lighting with LED lighting in the Park Maintenance and Vehicle
Maintenance buildings, and exchanging all incandescent traffic signals to LED signals at the
14 state-owned traffic signal intersections located within the City. Even though these signals
are owned by MnDOT, the City of Golden Valley is contractually obligated to pay all electricity
costs associated with these signals.
Staff has recently received a request from the Minnesota Department of Commerce to amend
the EECBG agreement, which was authorized by the City Council at its August 4, 2010
meeting, as amended. The requested changes relate to site visits, reporting requirements,
lobbying restrictions, purchase of American-made products (where available), prevailing
wage and other requirements which are generally routine with Federal funds. Amendment
No. 2 is attached for Council's review. Furthermore, a resolution has been prepared which
authorizes the City Manager to sign this amendment.
Building Fixture Retrofit Project
Quotes for the 2010 Energy Efficiency Project -Building Fixture Retrofit Project, City
Improvement Project No. 10-32, were opened on November 12, 2010. The following quotes
were received:
Gopher Electrical Contractors, Inc $20,325.52
Collins Electrical Systems, Inc. $26,627.22
Phasor Electrical Company $33,290.00
Engineer's Estimate $19,575.00
The project provides for the upgrading of lights in both the Vehicle Maintenance building and
Park Maintenance building. on the City Hall campus. Approximately $19,575.00 of the project
costs will be reimbursed through the EECBG program. Staff anticipates that the City will
receive a rebate from Xcel Energy for the remaining project costs. In the event that these two
funding sources do not cover the entire expenditure for the project, funds set aside in the
2010-2014 Capital Improvement Program, Buildings (Project B-025, page 52) will be utilized.
LED Traffic Signal Conversion Project
Quotes for the 2010 Energy Efficiency Project -LED Traffic Signal Conversion Project, City
Improvement Project No. 10-36, were opened on November 19, 2010. The following quotes
were received:
Kilmer Electric Company $36,652.00
Granite Ledge Electrical Contractor $38,930.00
EIM $39,791.00
Engineer's Estimate $47,012.00
The project provides for the upgrading of traffic signal indications at 14 different intersections
in Golden Valley. Approximately $33,677.00 of the project costs will be reimbursed by the
EECBG program. Staff anticipates that the remaining project costs will be funded by the Xcel
Energy rebate program. In the event that these two funding sources do not cover the entire
expenditure for the project, funding is available in the 2010 Operating Budget, Traffic Signals
(1425-6340, page 48).
Attachments
State of Minnesota, Amendment No. 2, CFMS: B46224 (39 pages, loose in agenda packet)
Resolution Authorizing Amendment No. 2 to the Agreement Between the State of Minnesota,
Acting Through its Commissioner of Commerce, and the City of Golden Valley for the Energy,
Efficiency, and Conservation Block Grant Program Funded by the American Reinvestment
and Recovery Act (1 page)
Recommended Action
Motion to adopt Resolution Authorizing Amendment No. 2 to the Agreement Between the
State of Minnesota, Acting Through its Commissioner of Commerce, and the City of Golden
Valley for the Energy, Efficiency, and Conservation Block Grant Program Funded by the
American Reinvestment and Recovery Act.
Motion to award the contract to Gopher Electrical Contractors, Inc. in the amount of
$20,325.52 for the 2010 Energy Efficiency Project -Building Fixture Retrofit, City
Improvement Project No. 10-32.
Motion to award the contract to Kilmer Electric Company in the amount of $33,652.00 for the
Energy Efficiency Project -LED Traffic Signal Conversion Project City Improvement Project
No. 10-36.
~~~ :,
STATE OF MINNESOTA
Amendment No. 2
CFMS: B46224
Agreement Start Date:
Original Expiration Date:
Current Expiration Date:
Requested Expiration Date:
08/23/2010
03/31/2011
03/31/2011
N/A
Total Agreement Amount:
Original Agreement:
Previous Amendment(s) Total:
This Amendment:
$53,252.00
$53,252.00
$N/A
$N/A
This amendment is by and between the State of Minnesota, acting through its Commissioner of Commerce ("State") and
City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427-4588 ("Grantee").
Recitals
1. The State has an agreement with the Grantee identified as CFMS B46224 ("Original Agreement") to provide energy
efficiency improvements.
2. This agreement is being amended to include U.S. Department of Energy's flow down requirements.
3. The State and the Grantee are willing to amend the Original Agreement as stated below.
Amendment(s)
REVISION 1. The following clause is added to the agreement:
22 Compliance with U.S. Department of EnerQV's Flow Down Reauirements
It is the re~onsibility of the Grantee to fullYunderstand, and be in compliance with, all U.S. Department of
Energy's flow down requirements, found in Attachment 1 to this agreement.
REVISION 2.
Attachment 1 is hereby attached and incorporated into this agreement.
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments are.
incorporated by reference and remain in full force and effect.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that fiords have been encumbered as required by
Minnesota Statutes, Secfions 16A.15 and 16C.05.
(with delegated authority)
Signed•
Date: ~~
CFMS Contract No. ~~~ZZ y
2. CITY OF GOLDEN VALLEY
The Grantee certifies that the appropriate person(s) have executed
the grant contract on behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By:
Title
Date
3. MN DEPARTMENT OF COMMERCE
Individual certifies the applicable provisions of Minnesota
Statutes, Sections 16C.08, subdivisions 2 and 3 are reaffirmed
(with delegated authority)
By:
Title:
Date:
City of Golden Valley -Commerce
Rev. 10/10
Attachment 1
U.S. Department of Energy's
Flow Down Provisions
City of Golden Valley -Commerce Attachment 1 Cover
Rev. ]0/10
SUBGRANT FLOW DOWN PROVISIONS FOR WAP AND SEP FINANCIAL
ASSISTANCE AWARDS
Resolution of Conflicting Conditions
Statement of Federal Stewardship
Site Visits
Reporting Requirements
Publications
Federal, State, and Municipal Requirements
Intellectual Property Provisions and Contact Information
Lobbying Restrictions
Notice Regarding the Purchase of American-Made Equipment and Products --
Sense of Congress
Decontamination and/or Decommissioning (D&D) Costs
Historic Preservation
Flow Dawn Terms For ARRA Awards -See Prescriptions for Applicability
Special Provisions Relating To Work Funded Under American Recovery and
Reinvestment Act of 2009
Reporting and Registration Requirements Under Section 1512 of The Recovery Act
Required Use of American Iron, Steel, and Manufactured Goods (Covered Under
International Agreements)-Section 1605 of the American Recovery and
Reinvestment Act of 2009
Wage Rate Requirements Under Section 1606 Of The Recovery Act
Recovery Act Transactions Listed In Schedule of Expenditures of Federal Awards
and Recipient Responsibilities For Informing Subrecipients
Davis Bacon Act Requirements (For WAP ARRA Financial Assistance Awards)
Davis Bacon Act and Contract Work Hours and Safety Standards Act (For Use in
SEP Financial Assistance Awards)
Attachment 1 -Page 1
From 10 CFR 600.236-Procurement
(a) States. When procuring property and services under a grant, a State will follow the
same policies and procedures it uses for procurements from its non-Federal funds. The
State will ensure that every purchase order or other contract includes any clauses required
by Federal statutes and executive orders and their implementing regulations. Other
grantees and sub-grantees will follow paragraphs (b) through (i) in this section.
Note: 600.236 (i)-Contract provisions. A grantee's and sub-grantee's contracts MUST
contain provisions in paragraph (i) of this section (1) through (13).
10 CFR 600.236 -- http://ecfr.gpoaccess. ov/cgi/t/text/text-
idx?c=ecfr&sid=1 d87da29f6087fl~251 f78954c8888ff1 &rgn=div8&view=text&node=l0:
4.0.1.3.9.3.20.23 &idno= l 0
From 10 CFR 600.237-Subgrants
Retention and Access Requirements for Records
http://ecfr. ~poaccess. gov/cgi/t/text/text-
idx?ty e=simple;c=ecfr;cc=ecfr;sid=4c22613d54c8ee557f~dc9d6015ec1c9;idno=l0;regi
on=DIV l ;q 1=600.242;rgn=div8;viewrtext;node=l0%3A4.0.1.3.9.3.20.27
Conform any advances of grant funds to sub-grantees substantially to the same standards
of timing and amount that apply to cash advances by Federal agencies (refer state to 10
CFR 600.221(c).
10 CFR 60.221(c) Advances. Grantees and subgrantees shall be paid in advance, provided
they maintain or demonstrate the willingness and ability to maintain procedures to
minimize the time elapsing between the transfer of the funds and their disbursement by
the grantee or subgrantee.
Attachment 1 -Page 2
RESOLUTION OF CONFLICTING CONDITIONS -MANDATORY FLOW DOWN REQUIIZED4
AWARD AGREEMENT TERMS AND CONDITIONS .......................................................................... 4
PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM ............................................................................ 4
REBUDGETING AND RECOVERY OF INDIl2ECT COSTS -REIMBURSABLE INDIRECT
COSTS AND FRINGE BENEFITS ............................................................................................................ 5
USE OF PROGRAM INCOME -ADDITION .......................................................................................... 5
STATEMENT OF FEDERAL STEWARDSHIP -MANDATORY FLOW DOWN REQUIRED ...... 5
SITE VISITS -MANDATORY FLOW DOWN REQUIRED ................................................................. 5
REPORTING REQUIREMENTS -- MANDATORY FLOW DOWN REQUIRED .............................. 6
PUBLICATIONS -MANDATORY FLOW DOWN REQUIRED .......................................................... 6
FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS -MANDATORY FLOW DOWN
REQUIRED ................................................................................................................................................... 7
INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION -
MANDATORY FLOW DOWN REQUIRED ............................................................................................ 7
LOBBYING RESTRICTIONS -MANDATORY FLOW DOWN REQURED .................................... 7
NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS -MANDATORY FLOW DOWN REQUIRED .................... 7
DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS -MANDATORY FLOW
DOWN REQUIRED ..................................................................................................................................... 7
HISTORIC PRESERVATION -- MANDATORY FLOW DOWN REQUIRED .................................. 8
SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 ..................................................................................................... 8
REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT ...................................................................................................................................... 13
REQURED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS --SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ............................ 13
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEMENTS}-SECTION 1605 OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 ............................................................................ 15
WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT ................ 19
RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING ....................... 19
DAMS BACON ACT REQUiItEMENTS ............................................................................................... 20
DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT...... 30
Attachment 1 -Page 3
SPECIAL TERMS AND CONDITIONS FOR USE IN MOST GRANTS AND
COOPERATIVE AGREEMENTS
RESOLUTION OF CONFLICTING CONDITIONS -MANDATORY FLOW
DOWN REQUIRED
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this award must be referred to the DOE Award Administrator for
guidance.
AWARD AGREEMENT TERMS AND CONDITIONS
This award/agreement consists of the Grant and Cooperative Agreement cover page, plus
the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
1 Intellectual Property Provisions
2 Federal Assistance Reporting Checklist
3 Budget Pages
4 State Annual File
5 State Master File
6 Wage Determination
c. Applicable program regulations [Specify] [Date]
d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.Pov and if the
award is for research and to a university or non-profit, the Research Terms & Conditions
and the DOE Agency Specific Requirements at
http: //www.nsf. gov/bfa/dias/policy/rtc/index. i sp.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of
award at http://management.energy_gov/business_doe/1374.htm.
PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM
a. Method of Payment. Payment will be made by advances through the Department of
Treasury's ASAP system.
b. Requesting Advances. Requests for advances must be made through the ASAP
system. You may submit requests as frequently as required to meet your needs to
disburse funds for the Federal share of project costs. If feasible, you should time each
request so that you receive payment on the same day that you disburse funds for direct
project costs and the proportionate share of any allowable indirect costs. If same-day
transfers are not feasible, advance payments must be as close as is administratively
feasible to actual disbursements.
Attachment 1 -Page 4
c. Adjusting payment requests for available cash. You must disburse any funds that are
available from repayments to and interest earned on a revolving fund, program income,
rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest
earned on any of those funds before requesting additional cash payments from DOE.
d. Payments. All payments are made by electronic funds transfer to the bank account
identified on the ASAP Bank Information Form that you filed with the U.S. Department
of Treasury.
REBUDGETING AND RECOVERY OF INDIRECT COSTS -REIMBURSABLE
INDIRECT COSTS AND FRINGE BENEFITS
a. If actual allowable indirect costs are less than those budgeted and funded under the
award, you may use the difference to pay additional allowable direct costs during the
project period. If at the completion of the award the Government's share of total
allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you must
refund the difference.
b. Recipients are expected to manage their indirect costs. DOE will not amend an award
solely to provide additional funds for changes in indirect cost rates. DOE recognizes that
the inability to obtain full reimbursement for indirect costs means the recipient must
absorb the underrecovery. Such underrecovery may be allocated as part of the
organization's required cost sharing.
USE OF PROGRAM INCOME -ADDITION
If you earn program income during the project period as a result of this award, you may
add the program income to the funds committed to the award and use it to further eligible
project objectives.
STATEMENT OF FEDERAL STEWARDSHIP -MANDATORY FLOW DOWN
REQUIRED
DOE will exercise normal Federal stewardship in overseeing the project activities
performed under this award. Stewardship activities include, but are not limited to,
conducting site visits; reviewing performance and financial reports; providing technical
assistance and/or temporary intervention in unusual circumstances to correct deficiencies
which develop during the project; assuring compliance with terms and conditions; and
reviewing technical performance after project completion to ensure that the award
objectives have been accomplished.
SITE VISITS -MANDATORY FLOW DOWN REQUIRED
DOE's authorized representatives have the right to make site visits at reasonable times to
review project accomplishments and management control systems and to provide
technical assistance, if required. You must provide, and must require your subawardees
to provide, reasonable access to facilities, office space, resources, and assistance for the
Attachment 1 -Page 5
safety and convenience of the government representatives in the performance of their
duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
REPORTING REQUIREMENTS -- MANDATORY FLO~~' DOWN REQUIRED
a. Requirements. The reporting requirements for this award are identified on the Federal
Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to
comply with these reporting requirements is considered a material noncompliance with
the terms of the award. Noncompliance may result in withholding of future payments,
suspension, or termination of the current award, and withholding of future awards. A
willful failure to perform, a history of failure to perform, or unsatisfactory performance
of this and/or other fmancial assistance awards, may also result in a debarment action to
preclude future awards by Federal agencies.
b. Dissemination of scientific/technical reports. Scientific/technical reports submitted
under this award will be disseminated on the Internet via the DOE Information Bridge
(www.osti.gov/brid~e), unless the report contains patentable material, protected data, or
SBIR/STTR data. Citations for journal articles produced under the award will appear on
the DOE Energy Citations Database (www.osti.~ov/energycitations).
c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any
Protected Personal Identifiable Information (PII), limited rights data (proprietary data),
classified information, information subject to export control classification, or other
information not subject to release.
PUBLICATIONS -MANDATORY FLOW DOWN REQUIRED
a. You are encouraged to publish or otherwise make publicly available the results of the
work conducted under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the
publication of any material, whether copyrighted or not, based on or developed under this
project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of
Energy under Award Number DE-EE0000095
Disclaimer: "This report was prepared as an account of work sponsored by an agency of
the United States Government. Neither the United States Government nor any agency
thereof, nor any of their employees, makes any warranty, express or implied, or assumes
any legal liability or responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed, or represents that its use would not
infringe privately owned rights. Reference herein to any specific commercial product,
process, or service by trade name, trademark, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement, recommendation, or favoring by the
Attachment 1 -Page 6
United States Government or any agency thereof. The views and opinions of authors
expressed herein do not necessarily state or reflect those of the United States Government
or any agency thereof."
FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS - MAll~DATORY
FLOW DOWN REQUIRED
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
- MA1v'llATORY FLOW DOWN REQUIRED
a. The intellectual property provisions applicable to this award are provided as an
attachment to this award or are referenced on the Agreement Face Page. A list of all
intellectual property provisions may be found at
http://www.gc.doe.~ov/financial assistance awards.htm.
b. Questions regarding intellectual property matters should be referred to the DOE Award
Administrator and the Patent Counsel designated as the service provider for the DOE
office that issued the award. The IP Service Providers List is found at
http•//www gc doe Gov/documents/Intellectual Property (IPA Service Providers for Ac
quisition.pdf
LOBBYING RESTRICTIONS -MANDATORY FLOW DOWN REQUIRED
By accepting funds under this award, you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate
to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to
those prescribed elsewhere in statute and regulation.
NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS -MANDATORY FLOW DOV4'N
REQUIRED
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American-
made.
DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS -
MAllTDATORY FLOW DOWN REQUIRED
Notwithstanding any other provisions of this Agreement, the Government shall not be
responsible for or have any obligation to the recipient for (i) Decontamination and/or
Decommissioning (D&D) of any of the recipient's facilities, or (ii) any costs which may
be incurred by the recipient in connection with the D&D of any of its facilities due to the
Attachment 1 -Page 7
performance of the work under this Agreement, whether said work was performed prior
to or subsequent to the effective date of this Agreement.
HISTORIC PRESERVATION -- MANDATORY FLOW DOVF'N REQUIRED
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is
required to comply with the requirements of Section 106 of the National Historic
Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority
regarding the NHPA. Section 106 applies to historic properties that are listed in or
eligible for listing in the National Register of Historic Places. In order to fulfill the
requirements of Section 106, the recipient must contact the State Historic Preservation
Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer (THPO), to
coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact
information is available at the following link: http://www.ncshpo.org/find/index.htm.
THPO contact information is available at the following link:
http://www.nathpo.org/map.html .
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid
taking any action that results in an adverse effect to historic properties pending
compliance with Section 106.
Recipients should be aware that the DOE Contracting Officer will consider the recipient
in compliance with Section 106 of the NHPA only after the Recipient has submitted
adequate background documentation to the SHPO/THPO for its review, and the
SHPO/THPO has provided written concurrence to the Recipient that it does not object to
its Section 106 finding or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
Prescription: This clause must be included in all grants, cooperative agreements and TIAs
(new or amended} when funds appropriated under the Recovery Act are obligated to the
agreement.
SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act)
was enacted to preserve and create jobs and promote economic recovery, assist those
most impacted by the recession, provide investments needed to increase economic
efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other infrastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to
minimize and avoid reductions in essential services and counterproductive State and local
tax increases. Recipients shall use grant funds in a manner that maximizes job creation
and economic benefit.
Attachment 1 -Page 8
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with
the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for
Recovery Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery
Act, particularly concerning specific procedural requirements for the new reporting
requirements. The Recipient will be provided these details as they become available.
The Recipient must comply with all requirements of the Act. If the recipient believes
there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting OfFcer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5. Covered Funds will have special accounting codes and will be identified as
Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using
Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non-Federal employer means any employer with respect to covered funds -the
contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,
subcontractor, grantee, or recipient is an employer; and any professional membership
organization, certification of other professional body, any agent or licensee of the Federal
government, or any person acting directly or indirectly in the interest of an employer
receiving covered funds; or with respect to covered funds received by a State or local
government, the State or local government receiving the funds and any contractor or
subcontractor receiving the funds and any contractor or subcontractor of the State or local
government; and does not mean any department, agency, or other entity of the federal
government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract)
other than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
Attachment 1 -Page 9
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue streams.
No part of the funds from the Recovery Act shall be commingled with any other funds or
used for a purpose other than that of making payments for costs allowable for Recovery
Act projects.
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery
and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local
government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the
funds appropriated or otherwise made available by the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C.
App.) or of the Comptroller General is authorized -
(1) to examine any records of the contractor or grantee, any of its subcontractors
or subgrantees, or any State or local agency administering such contract that
pertain to, and involve transactions relation to, the subcontract, subcontract, grant,
or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
E. Publication
An application may contain technical data and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to
which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
Attachment ] -Page 10
The data contained. in pages ---- of this application have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or
disclosed only for evaluation purposes, provided that if this applicant receives an award
as a result of or in connection with the submission of this application, DOE shall have the
right to use or disclose the data here to the extent provided in the award. This restriction
does not limit the Government's right to use or disclose data obtained without restriction
from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the
website www.recover~gov, maintained by the Accountability and Transparency Board.
The Board may exclude posting contractual or other information on the website on a
case-by-case basis when necessary to protect national security or to protect information
that is not subject to disclosure under sections 552 and 552a of title 5, United States
Code.
F Protectin¢ State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act are summarized below. They include, but
are not limited to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may
not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing, including a disclosure made in the ordinary course of an employee's duties, to
the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement agency,
a person with supervisory authority over the employee (or other person working for the
employer who has the authority to investigate, discover or terminate misconduct, a court
or grant jury, the head of a Federal agency, or their representatives information that the
employee believes is evidence of:
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agency contract (including
the competition for or negotiation of a contract) or grant, awarded or issued
relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis to
conclude that the non-Federal employer has subjected the employee to a prohibited
reprisal. The agency shall either issue an order denying relief in whole or in part or shall
take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held
Attachment 1 -Page 11
before the reprisal, together with compensation including back pay, compensatory
damages, employment benefits, and other terms and conditions of employment
that would apply to the person in that position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate
amount of all costs and expenses (including attorneys' fees and expert witnesses'
fees) that were reasonably incurred by the employee for or in connection with,
bringing the complaint regarding the reprisal, as determined by the head of a court
of competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any
agreement, policy, form, or condition of employment, including any predispute
arbitration agreement. No predispute arbitration agreement shall be valid or enforceable
if it requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall
post notice of the rights and remedies as required therein. (Refer to section 1553 of the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov,
for specific requirements of this section and prescribed language for the notices.).
G Request for Reimbursement (this version is included in WAP/SEP awards with
states
RESERVED
H. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principal, employee, agent, contractor,
sub-grantee, subcontractor or other person has submitted a false claim under the False
Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds.
I. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds
under the Recovery Act including such items as timecards and invoices. Recipient shall
provide copies of backup documentation. at the request of the Contracting Officer or
designee.
J. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 201.5.
Attachment 1 -Page 12
Prescription: The following award teen shall. be used to implement the recipient reporting
and. registration requirements in the Recovery Act section 1512.
REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT
(a) This award requires the recipient to complete projects or activities which are funded
under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to
report on use of Recovery Act funds provided through this award. Information from these
reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in
which the recipient receives the assistance award funded in whole or in part by the
Recovery Act.
(c) Recipients and their first-tier recipients must maintain current registrations in the
Central Contractor Registration (http://www.ccr.gov) at all times during which they have
active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data
Universal Numbering System (DUNS) Number (http://www.dnb.com) is one of the
requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) of the
Recovery Act using the reporting instructions and data elements that will be provided
online at http://www.FederalReporting.gov and ensure that any information that is pre-
filled is corrected or updated as needed.
Prescription.: When awarding Recovery Act fwids for construction, alteration,
maintenance, or repair of a public building or public work aild the total project value is
estimated less than X7,443,000, the agency shall use this award term.
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Defmitions. As used in this award term and condition--
(1) Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been--
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the properties of
the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands
of the United States; State and local governments; and multi-State, regional, or interstate entities which
have governmental functions). These buildings and works may include, without limitation, bridges, dams,
Attaclunent 1 -Page 13
plants, highways, parkways, streets, subways; tunnels, sewers, mains, power lines, pumping stations, heavy
generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings
and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
(b) Domestic preference. (1) This award term and condition implements Section 1605 of the American
Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that al] iron, steel,
and manufactured goods used in the project are produced in the United States except as provided in
paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
[ Award official to list applicable excepted materials or indicate "none" ]
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2)
of this section and condition if the Federal Government determines that--
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of
such material will increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the
public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act . (1)(i) Any recipient
request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this
section shall include adequate information for Federal Government evaluation of the request, including--
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed
cost comparison table in the format in paragraph (d) of this section.
Attachment l -Page 14
(iii) The cost of iron, steel, and/or manufactured goods material shall include all-delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not
reasonably foresee the need for such determination and could not have requested the determination before
the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need
not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods.
When the basis for the exception is nonavailability or public interest, the amended award shall reflect
adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs
associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the
award official shall adjust the award amount or redistribute budgeted funds by at least the differential
established in 2 CFR 176.1 l0(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section l 605 of the
American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the Recipient shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of measure Quantity Cost
(dollars)*
Item l:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.]
[Include other applicable supporting information.]
[*Include all delivery costs to the construction site.]
Prescription: When ativarding Recovery Act funds for constn~ction, alteration,
maintenance, or repair of a public building or public work with a total project value over
X7,443,400 that involves iron., steel, andlor manufactured goods materials covered under
il~ternatianal agreements, the agency shall use this award term.
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
Attachment 1 -Page 15
(a) Definitions. As used in this award term and condition
Designated country -(1) A World Trade Organization Government Procurement Agreement country
(Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or
Singapore); or
(3} A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Ireland; Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania,
Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods -~1) Is wholly the growth, product, or
manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another country,
has been substantially transformed in a designated country into a new and different manufactured good
distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good -(1) Is wholly the growth, product, or manufacture of the
United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another country,
has been substantially transformed in the United States into a new and different manufactured good distinct
from the materials from which it was transformed. There is no requirement with regard to the origin of
components or subcomponents in manufactured goods or products, as long as the manufacture of the goods
occurs in the United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not
domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been-
(l) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties of
the individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental entity
(the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the
United States; State and local governments; and multi-State, regional, or interstate entities which have
governmental functions). These buildings and works may include, without limitation, bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy
generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings
and works.
Attachment 1 -Page 16
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
(b) Iron, steel, and manufactured goods. (1)~The award term and condition described in this section
implements-
(i) Section 1605(x) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 1 l 1-5) (Recovery
Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the
United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent
with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act
do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement
in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are
from a Party to an international agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. This obligation shall only apply to projects with art
estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and
(b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured
goods listed by the Federal Government as follows:
[ Award oj~cial to list applicable excepted materials or indicate "none
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of
this section if the Federal Government determines that-
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative
cost of such material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section l 605 of the Recovery Act would be inconsistent with the
public interest.
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American
Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of
the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
Attachment l -Page 17
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed
cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site
and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not
reasonably foresee the need for such determination and. could not have requested the determination before
the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need
not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods.
When the basis for the exception is nonavailability or public interest, the amended award shall reflect
adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to
cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods..
When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at
least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel,
and/or manufactured goods is noncompliant with the applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the applicant shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of measure
Quantity Cost
(dollars)*
tem 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Attachment l -Page 18
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach sumrnary.J
[b~clude other applicable supporting information.)
[*Include all delivery costs to the construction site.)
Prescription: W1nen issuing announcements or requesting applications. for Recovery Act
programs or activities that may involve construction, alteration, maintenance, or repair
the agency shall use this award terns.
WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed
by contractors and subcontractors on projects funded directly by or assisted in whole or in
part by and through the Federal Government pursuant to the Recovery Act shall be paid
wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the
Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning
application of the standard Davis-Bacon contract clauses set forth in that section. Federal
agencies providing grants, cooperative agreements, and loans under the Recovery Act
shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered contracts that are in excess of $2,000 for
construction, alteration or repair (including painting and decorating)..
(b) For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooperative agreements and loans should direct
their initial inquiries concerning the application of Davis-Bacon requirements to a
particular federally assisted project to the Federal agency funding the project. The
Secretary of Labor retains final coverage authority under Reorganization Plan Number
14.
Prescription.: The award. term described. in this section shall be used by agencies to clarify
recipient responsibilities regarding tracking and documenting Recovery Act expenditures.
RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF
Attachment 1 -Page 19
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT
RESPONSIBILITIES FOR INFORMING
(a) To maximize the transparency and accountability of funds authorized under the
American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act) as
required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative
Requirements for Grants and Agreements" and OMB Circular A--102 Common Rules
provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds. OMB Circular Q.--102 is available at
http://www.whitehouse. gov/omb/circulars/a102/a102.htm1.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB
Circular A--133, "Audits of States, Local Governments, and Non-Profit Organizations,"
recipients agree to separately identify the expenditures for Federal awards under the
Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data
Collection Form (SF--SAC) required by OMB Circular A--133. OMB Circular A--133 is
available at http://www.whitehouse.gov/omb/circulars/a133/a133.html. This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery
Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF--
SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of
the Federal program on the SEFA and as the first characters in Item 9d of Part III on the
SF--SAC.
(c) Recipients agree to separately identify to each subrecipient, and document at the time
of subaward and at the time of disbursement of funds, the Federal award number, CFDA
number, and amount of Recovery Act funds. When a recipient awards Recovery Act
funds for an existing program, the information furnished to subrecipients shall distinguish
the subawards of incremental Recovery Act funds from regular subawards under the
existing program.
(d) Recipients agree to require their subrecipients to include on their SEFA information
to specifically identify Recovery Act funding similar to the requirements for the recipient
SEFA described above. This information is needed to allow the recipient to properly
monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal
awarding agencies, Offices of Inspector General and the Government Accountability
Office.
Prescription: Include for ARRA Weatherization Assistance Program (WAP) Awards
when ~7VAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE AIv1ERICAN
RECOVERY AND REINVESTMENT ACT {"RECOVERY ACT") te~-~n is required.
DAMS BACON ACT REQUIREMENTS
Attachment 1 -Page 20
A. Definitions. For purposes of this term, the Contract Work Hours and Safety Standards Act term, and
the Recipient Functions term, the following definitions are applicable:
(1) Award means the Award by the Deparhnent of Energy (DOE) to a Recipient that includes a
requirement to comply with the labor standards clauses and wage rate requirements of the Davis-Bacon
Act (DBA) for work performed by all laborers and mechanics employed by Subrecipients, Contractors
and subcontractors on projects funded by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act.
(2) "Construction, alteration or repair" means all types of work done by laborers and mechanics
employed by the Subrecipient, construction contractor or construction subcontractor on a particular
building or work at the site thereof, including without limitation-
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated
off-site;
(b) Painting and decorating; or
(c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work.
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of
property and services for construction, alteration, and repair under a Subaward. For purposes of these
terms, a Contract shall include subcontracts and lower- tier subcontracts under the Contract.
(4) Contracting Oj~cer means the DOE official authorized to execute awards on behalf of DOE and
who is responsible for the business management and non-program aspects of the fmancial assistance
process.
(5) Contractor means an entity that enters into a Contract. For purposes of these terms, Contractor
shall include subcontractors and lower-tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of
a grant directly from the Federal Government. The term includes the State that receives an Award.
from DOE and is financially accountable for the use of any DOE funds or property, and is legally
responsible for carrying out the terms and conditions of the program and Award.
(7) "Site of the work"
(a) Means-
(i} The physical place or places where the construction called for in the Award, Subaward, or
Contract will remain when work on it is completed; and
(ii) Any other site where a significant portion of the building or work is constructed, provided
that such site is established specifically for the performance of the project;
(b) Except as provided in paragraph (c) of this defmition, the site of the work includes any
fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc.,
provided-
(1) They are dedicated exclusively, or nearly so, to performance of the project; and
Attachment 1 -Page 21
(2) They are adjacent or virtually adjacent to the site of the work as defined in
paragaphs (7)(a)(i) or (7)(a)(ii) of this definition; and
(c) Does not include permanent home offices, branch plant establishments, fabrication plants, or
tool yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular contract or Federal Award or project. In
addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a
commercial or material supplier which are established by a supplier of materials for the project
before opening of bids and not on the project site as defined in paragaphs (7)(a)(i) or (7)(a)(ii) of
this definition, are not included in the "site of the work." Such permanent, previously established
facilities are not a part of the "site of the work" even if the operations for a period of time may be
dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract.
(8) Subaward means an award of financial assistance in the form of money, or property in lieu of
money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a
lower-tier subrecipient. The term includes financial assistance when provided by any legal ageement,
even if the ageement is called a contract, but does not include the Recipient's procurement of goods
and services to carry out the progam nor does it include any form of assistance which is excluded
from the definition of "Award" above.
(9) Subrecipient means anon-Federal entity that expends Federal awards received from apass-through
entity [Recipient] to carry out a Federal progam, but does not include an individual that is a
beneficiary of such a progam. The term includes a Community Action Agency (CAA), local agency,
or other entity to which a Subaward under the Award is made by a Recipient that includes a
requirement to comply with the labor standards clauses and wage rate requirements of the DBA work
performed by all laborers and mechanics employed by contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government pursuant of the
Recovery Act.
B. Davis-Bacon Act
(1)(a) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment computed at rates not less than those contained in
the wage determination of the Secretary of Labor which is attached to the Subaward or Contract and
made a part hereof, regardless of any contractual relationship which may be alleged to exist between
the Recipient, a Subrecipient, or Contractor and such laborers and mechanics.
(i) Applicable to Recipient Only: Prior to the issuance of the Subaward or Contract, the
Recipient shall notify the Contracting Officer of the site of the work in order for the
appropriate wage determination to be obtained by the Contracting Officer from the
Secretary of Labor.
(ii) If the Subaward or Contract is or has been issued without a wage determination, the
Recipient shall notify the Contracting Officer immediately of the site of the work under
the Subaward or Contract in order for the appropriate wage determination to be obtained
by the Contracting Officer from the Secretary of Labor.
(b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid to such laborers
and mechanics, subject to the provisions of paragaph B(4) below; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under
plans, funds, or progams which cover the particular weekly period, are deemed to be
Attachment 1 -Page 22
constructively made or incurred during such period.
(c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually performed, without
regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein; provided that the employer's
payroll records accurately set forth the time spent in each classification in which work is
performed.
(d) The wage determination (including any additional classifications and wage rates conformed
under paragraph B(2) of this term) and the Davis-Bacon poster (WH-1321) shall be posted at all
times by the Subrecipient and Contractor at the site of the work in a prominent and. accessible
place where it can be easily seen by the workers.
(2)(a) The Contacting Officer shall require that any class of laborers or mechanics which is not listed
in the wage determination and which is to be employed under the Subaward or Contract shall be
classified in conformance with the wage determination. 'The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefore only when all the following
criteria have been met:
(i) The -work to be performed by the classification requested is not performed by a
classification in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be
employed in the classification (if known), or their representatives agree on the classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of this
agreement. If the Contracting Officer agrees with the classification and wage rate (including the
amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent
by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or
will notify the Contracting Officer within the 30-day period that additional time is necessary.
(c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics
to be employed in the classification, or their representatives, do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the
Contracting Officer of the disagreement. The Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of the Contracting Officer, to
the Administrator of the Wage and Hour Division for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the
Attachment 1 -Page 23
Contracting Officer or will notify the Contracting Officer within the 30-day period that additional
time is necessary.
(d) The wage rate (including fringe benefits, where appropriate).determined pursuant to
subparagraphs B(2)(b) or B(2)(c) of this Term shall be paid to all workers performing work in the
classification under the Award, Subaward, or Contract from the first day on which work is
performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Subrecipient and Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the
Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program;
provided, that the Secretary of Labor has found, upon the written request of the Subrecipient or
Contractor that the applicable standards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the Subrecipient or Contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
C. Rates of Wages
(1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved
in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for
the corresponding classes of laborers and mechanics employed on projects of a character similar to the
contract work in the pertinent locality, are included as an attachment to the Award, Subaward, or
Contract.
(2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall
notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in
order for the appropriate wage determination to be obtained by the Contracting Officer from the
Secretary of Labor.
D. Payrolls and Basic Records
(l) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and
Contractor during the course of the work and preserved for a period of 3 years thereafter for all
laborers and mechanics working at the site of the work. Such records shall contain the name, address,
and social security number of each such worker, his or her correct classification, hourly rates of wages
paid (including rates of contributions or costs anticipated for bona fide fi-inge benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of
Labor has found, under paragraph (4) of the provision entitled Davis-Bacon Act, that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Subrecipient or
Contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. The Subrecipient or Contractor
employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
Attachment 1 -Page 24
(2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a
copy of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which
any Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient
shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all
of the information required to be maintained under paragraph D(1) of this Term; except that the full
social security numbers and home addresses shall not be included on weekly transmittals. Instead, the
payrolls shall only need to include an individually identifying number for each employee (e.g., the last
four digits of the employee's social security number). The required weekly payroll information may
be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage
and Hour Division Web site at http~//www do~ov/esa/whd/forms/wh347instr.htm or its successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies
of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Term.
The Subrecipient is responsible for ensuring all Contractors, including lower tier subcontractors
submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records,
of this term. Subrecipients and Contractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request for transmission to the
Contracting Officer, the Recipient, or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. The
Recipient shall also obtain and provide the full social security number and current address of each
covered worker upon request by the Contracting Officer or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a Recipient to require a Subrecipient or
Contractor to provide addresses and social security numbers to the Recipient for its own records,
without weekly submission to the Contracting Officer.
(c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the payment of the
persons employed under the Subaward or Contract .and shall certify-
(i) That the payroll for the payroll period contains the information required to be
maintained under paragraph D(2)(a) of this Term, the appropriate information is being
maintained under paragraph D(1) of this Term, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the Subaward or Contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the Subaward or
Contract.
(d) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph D(2)(c) of this Term.
(e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this
Term may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under
Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
Attachment 1 -Page 25
(3) The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(1) of
this Term available for inspection, copying, or transcription by the Contracting Officer, authorized
representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor
shall permit the Contracting Officer, authorized representatives of the Contracting Officer or the
Department of Labor to interview employees during working hours on the job. If the Recipient,
Subrecipient, or Contractor fails to submit the required records or to make them available, the
Contracting Officer may, after written notice to the Recipient, Subrecipient, or Contractor take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
E. Withholding of Funds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the
Recipient or any other contract or Federal Award with the same Recipient, on this or any other
federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the
same Recipient so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or
a Contractor the full amount of wages required by the Award or Subaward or a Contract. In the event
of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work, all or part of the wages required by the Award or Subaward or a
Contract, the Contracting Officer may, after written notice to the Recipient take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such
violations have ceased.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer
or an authorized representative of the Department of Labor, withhold or cause to be withheld from any
Subrecipient or Contractor so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
Subrecipient or Contractor the full amount of wages required by the Subaward or Contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed
or working on the site of the work, all or part of the wages required by the Subaward or Contract, the
Recipient may, after written notice to the Subrecipient or Contractor, take such action as maybe
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such
violations have ceased or the Government may cause the suspension of any further payment under any
other contract or Federal award with the same Subrecipient or Contractor, on any other federally
assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the same
Subrecipient or Contractor.
F. Apprentices and Trainees
(1) Apprentices.
(a) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration,
Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with
a State Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the program, if
Attachment 1 -Page 26
certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force
under the registered program.
(c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph F(1) of this Term, shall be paid not less than the applicable wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actually
performed.
(d) Where a Subrecipient or Contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in percentages of
the journeyman's hourly rate) specified in the Subrecipient's or Contractor's registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
(e) Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination.
(f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(2) Trainees.
(a) Except as provided in 29 CFR 5. l 6, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by
(OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by OATELS.
(b) Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship/training
program associated with the corresponding journeyman wage rate in the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered. and participating in a training plan approved by the
OATELS shall be paid not less than the applicable wage rate in the wage determination for the
classification of work actually performed In addition, any trainee performing work on the job site
in excess of the ratio permitted under the registered program shall be paid. not less than the
applicable wage rate in the wage determination for the work actually performed.
Attachment 1 -Page 27
(c) In the event OATELS withdraws approval. of a training program, the Subrecipient or
Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this
Term shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR Part 30.
G. Compliance will: Copeland Act Requirements
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are
hereby incorporated by reference in the Award, Subaward or Contract.
H. Subawards and Contracts
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this
Term entitled "Davis Bacon Act Requirements" and such other terms as the Contracting Officer may
require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor
with all of the requirements contained in this Term. The Subrecipient shall be responsible for the
compliance by Contractor with all of the requirements contained in this Term.
(2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Subaward and Contract for
construction within the United States, including the Subrecipient's and Contractor's signed and dated
acknowledgment that this Term) has been included in the Subaward and any Contracts. The SF 1413 is
available from the Contracting Officer or at
http•//contacts atsa gov/webforms nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/sf1413 e.ndf.
Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to the
Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and
lower-tier subcontract for construction within the United States, including the Contractor and lower- tier
subcontractor's signed and dated acknowledgment that this Term has been included in any Contract and
lower-tier subcontracts. SF 1413 is available. from the Contracting Officer or at
hitp•//contacts gsa aov/webforms nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/sf1413 e.pdf. The
Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF)
1413.
I. Contract Termination Debarment
A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for
debarment as a Contractor or subcontractor as provided in 29 CFR 5.12.
J. Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5
are hereby incorporated by reference in the Award, Subaward or Contract.
K. Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving
disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those
procedures and shall not be subject to any other dispute provision that may be contained in the Award,
Subaward, and Contract. Disputes within the meaning of this Term include disputes between the Recipient,
Subrecipient (including any Contractor) and the Department of Energy, the U.S. Department of Labor, or
Attachment l -Page 28
the employees or their representatives.
L. Certification of Eligibility.
(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or
Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an interest
in the Recipient, Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded
Government contracts or Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1). -
(2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract or Government award by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
M. Approval of Wage Rates
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work
under an Award, Subaward or Contract must be submitted for approval in writing by the head of the federal
contracting activity or a representative expressly designated for this purpose, if the straight time wages
exceed the rates for corresponding classifications contained in the applicable Davis-Bacon Act minimum
wage determination included in the Award, Subaward or Contract. Any amount paid by the Subrecipient or
Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of
the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient. If the
Government refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released
from the obligation to pay employees at the required overtime rates for any overtime actually worked.
Contract Work Hours and Safety Standards Act
This Term entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any
Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Term, the terms
laborers and mechanics include watchmen and guards.
A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward
work which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the term set
forth in paragraph B herein, the Subrecipient or Contractor responsible therefor shall be liable for the
unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the
case of work done under a Subaward or Contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of
the provision set forth in CWSSHA paragraph A, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the term set forth in paragraph (A) of this section.
C. Withholding for unpaid wages and liquidated damages.
Attachment 1 -Page 29
(1) The DOE Contracting Officer shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the Recipient on this or any other Federal
Award or Federal contract with the same Recipient on any other federally-assisted Award or
contract subject to the CWHSSA, which is held by the same Recipient such sums as maybe
determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages and
liquidated damages as provided. in the term set forth in CWHSSA, paragraph B of this Tenn.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting
Officer or an authorized representative of the Department of Labor, withhold or cause from any
moneys payable on account of work performed by the Subrecipient or Contractor on this or any
other federally assisted subaward or contract subject to the CWHSSA, which is held by the
same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any
liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as
provided in term set forth in CWHSSA, paragraph B of this Term.
D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower
tier subcontracts, the terms set forth in these CWHSSA paragraphs (A) through (D) and also a provision
requiring the Contractors to include this CWHSSA Term in any lower tier subcontracts. The Recipient
shall be responsible for compliance by any Subrecipient or Contractor, with the CWHSSA paragraphs A
through D. The Subrecipient shall be responsible for compliance by any Contractor (including lower-
tier subcontractors).
E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Davis-
Bacon Act Requirements term, for all laborers and mechanics, including guards and watchmen working
on the Subaward or Contracts. These records are subject to the requirements set forth in the Davis Bacon
Requirements term.
Prescription: Include for ARRA Awards {other than Weatherization Assistance Program
and Loan Program awards) when VdAGE RATE REQUIREMENTS UNDER SECTION
1.606 OF THE AMERICAN RECOVERZ' AND REINVESTMENT ACT {"KECOVERY
ACT") term is required.
DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
Definitions: For purposes of this article, Davis Bacon Act and Contract Work Hours and Safety Standards
Act, the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement made
with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must
require compliance with the labor standards clauses and wage rate requirements of the Davis-
Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients
(other than a unit of State or local government whose own employees perform the construction)
Subrecipients, Contractors and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses,
Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and
Recipients' or Subrecipients' contractors, subcontractors, and lower-tier subcontractors..
Attachment 1 -Page 30
"Contractor" does not mean a unit of State or local government where construction is performed
by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor or any
tier subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i)
fmancial assistance instruments such as grants, cooperative agreements, technology investment
agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial
assistance agreements. "Contract" does not mean a fmancial assistance instrument with a unit
of State or local government where construction is performed by its own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of
DOE and who is responsible for the business management and non-program aspects of the
financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal
funds in the form of a grant, cooperative agreement or technology investment agreement
directly from the Federal Government and is fmancially accountable for the use of any DOE
funds or property, and is legally responsible for carrying out the terms and conditions of the
program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in lieu
of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient
to a lower- tier subrecipient. The term includes financial assistance when provided by any legal
agreement, even if the agreement is called a contract, but .does not include the Recipient's
procurement of goods and services to carry out the program nor does it include any form of
assistance which is excluded from the defmition of "Award" above.
(7) "Subrecipient" means anon-Federal entity that expends Federal funds received from a
Recipient to carry out a Federal program, but does not include an individual that is a beneficiary
of such a program.
(a) Davis Bacon Act
(1) Minimum. wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not
less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which
maybe alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section l (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph
(a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than
a weekly period (but not less often than quarterly) under plans, funds, or programs which
cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated at the
Attachment l -Page 31
rate specified for each classification for the time actually worked therein: Provided, That
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the Contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting Officer agree
on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by the
Contracting Officer to the Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification.
action within 30 days of receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the Contracting Officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers
performing work in the classification under this Contract from the first day on which
work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the written request of
Attachment 1 -Page 32
the Contractor, that the applicable standards of the Davis-Bacon Act have been met. T'he
Secretary of Labor may require the Contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the Contractor under this Contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the
full amount of wages required by the Contract. In the event of failure to pay any laborer or
mechanic, includmg any apprentice, trainee, or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), al] or part of the wages required by the Contract, the
Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor
during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949; in the construction or
development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of
wagespaid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a}(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or progam has been communicated in writing to
the laborers or mechanics affected, .and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is
performed a copy of all payrolls to the Department of Energy if the agency is a party
to the Contract, but if the agency is not such a party, the Contractor will submit the
payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or
owner, as the case may be, for transmission to the Department of Energy. The
payrolls submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security
numbers and home addresses shall not be included on weekly transmittals. Instead
the payrolls shall only need to include an individually identifying number for each
employee (e.g., the last four digits of the employee's social security number). The
required weekly payroll information maybe submitted in any form desired. Optional
Form WH-347 is available for this purpose from the Wage and Hour Division Web
site at http://www.dot.gov/esa/whd/forms/wh347instr.htm or its successor site. The
Attachment 1 -Page 33
prime Contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker, and shall provide them upon
request to the Department of Energy if the agency is a party to the Contract, but if
the agency is not such a party, the Contractor will submit them to the Recipient or
Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy, the Contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for
a prime contractor to require a subcontractor to provide addresses and social security
numbers to the prime contractor for its own records, without weekly submission to
the sponsoring government agency (or the Recipient or Subrecipient (as applicable),
applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract and shall certify the
following:
(1) That the payroll for the payroll period contains the information required to
be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate
information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the Contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations, 29 CFR
p~ 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates anal fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the Contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and
section 3729 of title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Department of Energy or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the Contractor, sponsor,
applicant, or owner, take such action as maybe necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees--
Attachment 1 -Page 34
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually registered in
the program, but who has been certified by the Office of Apprenticeship Training,
Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Contractor as to the entire work force under the registered
program. Any,worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a Contractor is performing
construction on a project in a locality other than that in which its program is registered,
the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor
Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval
of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U. S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
Attachment 1 -Page 35
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be inconformity with the equal employment opportunity
requirements of Executive Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's and Subrecipient's
contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1)
through (10) and such other clauses as the Department of Energy may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be
grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of
the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated
by reference in this Contract. .
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this Contract shall not be subject to the general disputes clause of this Contract. Such disputes
shall. be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
Recipient, Subrecipient, the Contractor (or any of its subcontractors) and the contracting agency,
the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the Contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-
Bacon Act or 29 C)?R 5.12(a)(l ).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and
mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
Attachment 1 -Page 36
.compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(I) of this section the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(])
of this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the
Recipient or Subrecipient shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor under any such contract
or any other Federal contract with the same prime Contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (b)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's
contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1)
through (4) of this section and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The Recipient shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4)
of this section.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of the
Contract for all laborers and mechanics, including guards and watchmen, working on the Contract.
Such records shall contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. The records to be maintained under this paragraph shall
be made available by the Contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the Department of Energy and the Department of Labor, and the
Contractor or subcontractor will permit such representatives to interview employees during
working hours on the job.
From 10 CFR 600.236-Procurement
(a) States. When procuring property and services under a grant, a State will follow the
same policies and procedures it uses for procurements from its non-Federal funds. The
State will ensure that every purchase order or other contract includes any clauses required
by Federal statutes and executive orders and their implementing regulations. Other
grantees and sub-grantees will follow paragraphs (b) through (i) in this section.
Note: 600.236 (i)-Contract provisions. A grantee's and sub-grantee's contracts MUST
contain provisions in paragraph (i) of this section (1) through (13).
Attachment ] -Page 37
10 CFR 600.236 -- http://ecfr.~poaccess.gov/cgi/t/text/text-
idx~c=ecfr&sid=1 d87da29f6087fU251 f78954c8888ffl &r~n=div8&view=text&node=l 0:
4.0.1.3.9.3.20.23 &i dno=10
From 10 CFR 600.237-Sub rants
Retention and Access Requirements for Records
htt :/p /ecfr.gpoaccess.gov/cgi/t/text/text-
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Conform any advances of grant funds to sub-grantees substantially to the same standards
of timing and amount that apply to cash advances by Federal agencies (refer state to 10
CFR 600.221(c).
10 CFR 60.221(c) Advances. Grantees and subgrantees shall be paid in advance, provided
they maintain or demonstrate the willingness and ability to maintain procedures to
minimize the time elapsing between the transfer of the funds and their disbursement by
the grantee or subgrantee.
Attachment l -Page 38
Resolution 10-75
December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN THE STATE OF MINNESOTA, ACTING THROUGH ITS COMMISSIONER OF
COMMERCE, AND THE CITY OF GOLDEN VALLEY FOR THE ENERGY, EFFICIENCY,
AND CONSERVATION BLOCK GRANT PROGRAM FUNDED BY THE AMERICAN
REINVESTMENT AND RECOVERY ACT
WHEREAS, on August 4, 2010, the Golden Valley City Council authorized an
agreement between the City and the Minnesota Department of Commerce Office of Energy
Security (hereinafter "Department") for the installation of energy efficient fixtures throughout
City owned facilities and cooperatively maintained traffic signals; and
WHEREAS, the Department has requested that the City approve Amendment No. 2
to the original agreement regarding the addition of additional required grant language to the
agreement for which is required.
NOW, THEREFORE, BE IT RESOLVED, that Thomas D. Burt, City Manager, is
hereby authorized. and directed for and on behalf of the City to execute Amendment No. 2
to the agreement with the Minnesota Department of Commerce for the Energy, Efficiency,
and Conservation Block Grant funds.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Golden Valley
Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. O. Second Consideration -Ordinance #452 - Establishing A 2011 Master Fee Schedule
Prepared By
Sue Virnig, Finance Director
Summary
At its meeting of November 16, 2010 the City Council adopted on First Consideration the
changes to the 2011 Master Fee Schedule. Staff has reviewed the current master fee
schedule for the City and is recommending the Council adopt the 2011 Master Fee Schedule.
The schedule shows both 2010 and 2011 fees if changed from the previous year. The utility
rates will be effective for any billing after April 1, 2010.
Attachments
Ordinance #452, Establishing A 2011 Master Fee Schedule (16 pages)
Recommended Action
Motion to adopt on Second Consideration, Ordinance #452, Establishing A 2011 Master Fee
Schedule.
ORDINANCE NO. 452, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Establishing A 2011 Master Fee Schedule
The City Council for the City of Golden Valley hereby ordains:
Section 1. The City Code requires that certain fees for City services and licenses
be established from time to time by the City Council.
Section 2. The Master Fee Schedule attached hereto as Exhibit A is hereby
adopted as the city's fee schedule effective January 1, 2011, unless otherwise noted and
shall be added to Chapter 25 of the City Code.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its
entirety, by reference, as though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 7th day of December, 2010.
/s/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
/s/s/Susan M. Virnig
Susan M. Virnig, City Clerk
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 ( 2011
Fee Fee
Building & Fire Permit Fees based on fee schedule below.
Mandatory State Surcharge: per permit is a minimum of .50 and when a permit
fee is over $1,000 in value the state surcharge is .0005 times the permit value.
Surcharge is remitted to MN State Treasurer.
Permit Cancellation Policy: 80% of the permit fee will be returned upon written
notice of cancellation. Ifjob has been started no refund will be made.
No surcharge or plan review fees will be returned (includes the fees for
stormwater management, right-of-way (ROW) and tree preservation permits).
Building/Fire/Commercial Mechanical Plan Review Fee - 65% of the permit fee (no surcharge)
re-inspection fee 100.00
Administrative 75.00
Seasonal, Farm Produce, Christmas Tree Sales, etc in Commercial
Zoning District
Fire Alarm System (New Installation or Alteration of Existing)
Upto the 1st $1,200 in value 50.00
Over $1,200 value -use fire suppression fee
Fire Commercial Cooking Ventilation Systems
Inspection 50.00
Re-inspection 75.00
Fire Pumps 75.00 100.00
Fire Suppression & Special Fire Suppression Systems:
FM 200 system, CO2 systems, spray booths, kitchen extinguisher systems, hoods, etc. No change
Total valuation based on below fee schedule:
Values Ranva ~r)rld I Mr /AMM Rarnmmanrlatinn
$150 $500 $25.00
$501 $2,000 $25.00 for the first $500
$3.25 /additional $100
$2,001 $25,000 $73.50 for the first $2,000
$14.75 /additional $1,000
$25,001 $50,000 $415.75 for the first $25,000
$10.75 /additional $1,000
$50,001 $100,000 $682.50 for the first $50,000
$7.50 /additional $1,000
$100,001 $500,000 $1,053.50 for the first $100,000
$6.00 /additional $1,000
$500,001 $1,000,000 $3,427.75 for the first $500,000
$5.00 /additional $1,000
$1,000,001 and up $5,945.25 for the first $1,000,000
$4.00 /additional $1,000
1
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
Fireworks/Pyrotechnic Special Effects
Permit requires rental of fire engine and crew for stand-by at display
House/Building
Moving
Demolition
Mechanical: HVAC, Gas Piping, Refrigeration and Fireplace
(Includes all types of fireplaces -masonry, gas, gas log, gas insert, etc.)
Value Permit char¢e
$0- $999 $15.00
$1,001- $5,000 $31.50 + 2.60% over $1000
$5,001- $10,000 $135.50+2.15%over$5000
$10,001- $25,000 $243.00 + 1.85% over $10,000
over $25,000 $520.50 + 1.65% over $25,000
550,09,x- eyes °
Native Vegetation Landscape Permit
Parade/Special Event
Petroleum Tanks
Installation -per dispenser
Installation -per tank
Piping associated with tanks
Removal -per tank
Temporary LP Tank (per site)
Plan Review Fee -65% of the fee (no surcharge)
Plumbing and Piping Fixtures
Includes hydraulic sewer valves, rain water leaders, and alteration to existing systems.
Value Permit char¢e
$0 - $999 $15.00
$1,001- $5,000 $31.50 + 2.60% over $1000
$5,001- $10,000 $135.50+2.15%over$5000
$10,001- $25,000 $243.00+1.85%over$10,000
$25,001- $50,000 $520.50 + 1.65% over $25,000
$50,001- over $933.00 + 1.30% over $50,000
Right Of Way
Driveway Replacement Permit
Obstruction Permit per obstruction (includes courtesy benches)
In Boulevard Excavation Permit per opening
In Pavement Excavation Permit per opening (includes curb alterations)
Overhead Utility Repair per location miwimam
ever-ene-mile
Underground Utility:
Len h Permit Charee
0 to 100 Feet $250 administrative fee + $1/foot
over 100 Feet and up $350 administrative fee + $.50/foot over 100 feet
Stormwater Management
2010 I 2011
Fee Fee
100.00
300.00
300.00
25.00
100.00
25.00
25.00 75.00
75.00
60.00 75.00
75.00
75.00
25.00
150.00 100.00
100.00 100.00
100.00 100.00
150.00 200.00
100.00
50A.99 100.00
100.00 100.00
2
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010
Fee
Sign Permit
Base fee 50.00
Area fee (per sq ft of sign area) +2.75/sq ft
Temporary Sign over 18 sq ft
Standpipe
Installation of each standpipe (up to 5 floors) 50.00
Each additional floor 20.00
Temporary Certificate of Occupancy
Partial Certificate of Occupancy 100.00
Temporary Certificate of Occupancy 100.00
Extension of Temporary Certificate of Occupancy 200.00
Penalty for expired Temporary Certificate of Occupancy 300.00
Tent/Canopy Inspections -required for tents exceeding 200 sq ft and 50.00
canopies exceeding 400 sq ft (per site)
Tree Preservation Permit 100.00
Tree Preservation Mitigation Form -per caliper inch 150.00
Utility Permits
Water Meter Permit 100.00
Water Tapping Permit 100.00
Water Cut-off Permit 100.00
Sewer Permit (connection) 100.00
Sewer Repair Permit 100.00
Sewer Cut-off Permit 100.00
Auctioning
Auctioneers do not need to be licensed in the City of Golden Valley. However, they have to show
us a copy of a license or bond from the county or state and provide us a letter on the date, time and
place of the auction.
Cigarettes -Tobacco ProduMs over the counter 1-Jan 275.00
Contractors -Heating, Ventilation, Air Cond and Refrigeration 1-Apr 75.00
Dog Kennel -per kennel 1-Apr 200.00
Entertainment
Amusement and Shows 1-Apr 50.00
(movies -per screen; caravans, circuses, amusement rides)
Bowling Alley (each lane) 1-Apr 15.00
Dancing & Entertainment 1-Apr 375.00
Pinball Machine, Video Game or Pool Table
each location 1-Apr 15.00
each device 1-Apr 15.00
2011
Fee
3
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 2011
Fee Fee
Licenses (continued) __ _
Renewal Date
Fireworks
Retail consumer fireworks that sell other items 1-May 100.00
Retail consumer fireworks, retailers that sell only fireworks 1-May 350.00
Garbage Haulers -per vehicle (was June 1) 1-Apr 50.00
(See also Recylcing Haulers)
Gasoline Stations
First nozzle 1-Apr 55.00 75.00
Each additional nozzle 15.00 25.00
Lawful Gambling License 1-Jan
First year 250.00
Renewal after 1st year 100.00
Liquor License Application Packet 20.00
Liquor -Investigation Fee
(Liquor On-sale, Off-sale, and Sunday sale and Wine) new applicant 3,000.00
$500.00 non-refundable administrative fee plus actual costs for investigation
Liquor -Miscellaneous Change thru the year per change 100.00
Liquor On, Off and Sunday Sale and Wine (renewal or misc changes)
Liquor License (State law)
Sunday sale 1-Jul 200.00
Off-sale 340A.408 1-Jul 200.00
On-sale 1-Jul 8,000.00
Wine On-sale 1-Jul 2,000.00
Club 1-Jul
up to 200 members 300.00
200-500 members 500.00
501-1,000 members 650.00
1,001-2,000 members 800.00
2001-4000 members 1,000.00
4001-6000 members 2,000.00
Over 6000 members 3,000.00
Liquor -Non-Intoxicating Malt (On-sale) 1-Apr 500.00
(This fee is not charged to applicants holding a wine license and
renewed at the time of the wine license renewal date)
Liquor -Non-Intoxicating Malt (Off-sale) 1-Apr 150.00
Massage Therapist -Individual
Certificate (each individual/person) 1-Jan 50.00
Investigation fee 100.00
Massage Therapist Premise License 1-Jan
Operating location 500.00
Investigation fee 200.00
4
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
Rene!Nal Date
New/Used Vehicle Sales 1-Sep
Peddlers and Solicitors 1-Jul
1st person
Each additional person (up to a max fee of $50.00 per time)
Pawnbroker and Precious Metal
Dealer Location 1-Jan
Dealer 1-Jan
Investigation Fee
$500.00 non-refundable administrative fee plus actual costs for investigation
Recycling Haulers (Multi Family Apartment) -per vehicle 1-Apr
Rental Dwelling License
Single Family Dwellings
One Unit Dwelling 1-Jul
Re-inspection
Additional Unit Inspections
License Transfer
Inspection Appeal Filing Fee
Twin Homes & Duplexes 1-May
Re-inspection (per unit/per address)
Additional Inspections (per unit/per address)
Condominiums & Townhomes 1-Sep
Re-inspection (per unit/per address)
Additional Inspections (per unit/per address)
Group Homes /homes with services 1-Nov
Re-inspection (per unit/per address)
Additional Inspections (per unit/per address)
Multiple Unit Dwelling (3 or more units) per building 1-Mar
Re-inspection (per building per address)
License Transfer (pro rate) minimum
Star Program Fees (Based on participation level)
Non-Participant
Level 1
Level 2
Level 3
Level 4
Administrative Citations on (all) Rental Dwellings
1st citation
2nd citation
3rd citation
4th citation and subsequent violations in 12 month period
2010 I 2011
Fee Fee
400.00
30.00
5.00
5,000.00
400.00
3,000.00
50.00
100.00
100.00
50.00
50.00
25.00
100.00
100.00
50.00
100.00
100.00
50.00
100.00
100.00
50.00
100.00
100.00
50.00
$20/unit
$10/unit
$8/unit
$4/unit
$0/unit
$30/unit
$12/unit
$10/unit
$6/unit
$0/unit
100.00
250.00
500.00
500.00
5
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 I 2011
Fee Fee
Renewal bate
Sexually Oriented Business
License Fee (operating location) 1-Jan 5,000.00
Investigation Fee 3,000.00
$500.00 non-refundable administrative fee plus actual costs for investigation
Street Assessments
Residential/Single Family/Duplex, per dwelling unit on local street 4,900.00 5,750.00
Multi Unit Residential (more than 2 dwelling units) on local street 69,36/ft 76.3/ft
Residential/Single Family/Duplex, per dwelling unit on state aid street 1,225.00 1,437.50
Multi Unit Residential (more than 2 dwelling units) on state aid street 74.28/ft 81.71/ft
Other Zonings, Local Streets 83.39/ft 91.73/ft
Other Zonings, State Aid Streets 90.19/ft 99.21/ft
Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum
(Seven percent of total or maximum fee -whichever lessor)
Low Income Level for Senior/Retired due to Disability Deferral 2010 HUD Limits 2011 HUD Limits
IVlissellaneous Fbes
Address Change 50.00
Administrative Citations -Non Rental Housing
1st Citation 100.00
2nd Citation 250.00
3rd Citation 500.00
4th Citation and subsequent violations in 12 month period 500.00
Alarm System -False Alarms (12 month period beginning March 1 of each year upon given notice)
1-3 false alarms No charge
4-10 false alarms 100.00
11-15 false alarms 150.00
16 or more false alarms 200.00 250.00
Animal Control
Impound Fee for dogs 50.00
Boarding Fee for dogs and cats per day (7 day maximum) 20.00
Dangerous Dog License 250.00
Building Plan/Storage Retrieval 50.00
Certification Fee (Special Assessment) 30.00
6
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010
Fee
City Cemetery
Cemetery Plot 500.00
Open/Close Fee:
Crematory (up to 2 per lot) 200.00 each
Burial 750.00
Documents
City Code
Full book in binder 200.00
Updates 15/each
Zoning Chapters Only 10.00
City Maps:, Plats, Record Drawings, Other Plats (i.e. address maps, building pla ns comp plan, zoning)
Comprehensive Plan
Copies of any black and white, letter or legal size documents of 100 or .25/pg
fewer pages (Minnesota Rules, part 1205.0300, subpart 4.)
Copies of any color, letter or legal size documents .33/page
Digital Format
Aerial photography time & material
Custom Maps or Map Layers time & material
Topography time & material
Special Assessment Search (non-owner) 15.00
Video Reproduction (per tape+shipping) 20.00
Domestic Partner Registration
Initial Registration
Amendment/Notice of Termination
Certified copy of Registration
Equipment Charge per hour
Fire Engine (includes personnel) 250.00
Fire Aerial Truck (includes personnel) 350.00
Police and Fire Rescue Truck (includes personnel) 250.00
Utility Vehicle (includes personnel) 100.00
Squad Car (includes personnel) 100.00
Heavy (motor grader, front end loader, 360 Backhoe, Pickup sweeper, 125.00
sewer camera, truck, sewer jet, vac all, aerial truck) does not
include personnel costs
Medium (dump truck, water truck, tractor backhoe, utility tractor/ 80.00
accessory, 15 ft cut lawn mower, brush chipper, asphalt roller) does
not include personnel costs
Light (truck -one ton and under, air compressor, water pump, generator, 45.00
steamer, asphalt/saw, concrete, cable tracer, sewer rodder) does
not include personnel costs
Gas Lines, construction damage with Fire Department Response
2011
Fee
10.00
40.00
25.00
5.00
250.00
7
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 2011
Fee Fee
Miscellaneous Fees (continued)
Filing Fee (Administrative Citation Appeal) per violation 25.00
Fingerprinting
Golden Valley Resident 10.00
Anyone employed in GV 25.00
Forced Tree Removal cost of
removal + 20%
Hydrant Meter Rental
Residential (per day+consumption) 2.00
Commercial (per day + consumption) 5.00
Deposit (residential) 200.00
Deposit (commercial) 1000.00
Nuisance Service Call Fee (after three calls) 250.00
Personnel
Off Duty Police Officer (minimum applies as determined by 75/hour
City Manager/designee)
Firefighters, Lieutenants, Captains, Deputy Fire Marshal & Assistant Chiefs 25/hour 35/hour
minimum
Sump Pump Inspection
75.00
Weed Eradication/Lawn mowing -per hour (see minimums)
Vacant land - 1 hour minimum 125 / hr
Occupied/unoccupied residential/commercial property - 3 hour minimum 125 / hr
SECOND OR MORE VIOLATIONS IN ONE SEASON
Vacant land - 1 hour minimum - 250 / hr
Occupied/unoccupied residential/commercial property - 3 hour minimum 250 / hr
Planning & Zoning Fees
Conditional Use Items
Conditional Use Permit 400.00
Amendment to Conditional Use Permit 300.00
Extension for Conditional Use Permit 125.00
Easement Vacation (each request) 500.00
Flood Control Management (Special Permit) 75.00
Floodplain Search Letter 25.00
Park Dedication Fees 1% of Land
(per Minnesota Statute 462.358) Market Value
Planned Unit Development
Preliminary Design Plan 400.00
Final Plan of Development 400.00
Extension of Planned Unit Development 150.00
8
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 ( 2011
Fee I Fee
__..
Planning & Zoning'Fees (con4inuedl
Rezoning 500.00
Subdivision 400.00
Extension to Submit Final Plat 125.00
Subdivision -Minor 250.00
Extension to Submit Final Plat 125.OD
Variance from City Code - Zoning Chapters
Single family residential 125.00
Extension 125.00
All others 225.00
Extension 125.00
Wetland Management (plus professional fees if necessary) 75.00
Zoning Examination Letter 75.00
Temporary Retail Sales in Industrial Zone 150.00
(for each sale, up to five days)
Utility Fees
Driveway Covers -Replace 90.00
Meter Testing (to be returned if meter is in error of 5% or more of read) 50.00
Sanitary Sewer Inspections and Compliance Fees (Ordinance No. 352)
Noncompliant discharge into sanitary sewer(or refuse inspection)
Single Family Residential 500 /month
Non Single Family Residential 1000 /month
Application fee for noncompliant winter discharge into sanitary sewer 250.00
Application fee for certificate of sewer regulations compliance
Single Family Residential 250.00
Non Single Family Residential 750.00
Fee to review residential video record completed by private licensed plumber 100.00
Fee to review non-residential video record completed by private licensed plumber 375.00
Water on/off per each event (additional charge for call in and overtime) 50.00
Utility -Manual Read of Water/Sewer Meter 100.00
Water Meter and Parts (All) At cost +20%
9
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
Rates -Effective April 1. 2011
2010 I 2011
Fee Fee
Residential Utility Rates -quarterly billing
(includes all residential classes except those classified as apartments)
ACH Payment Credit (1.00)
Inspection Fee for Fire lines 6.00
Penalties (for late payment) 10%
Sanitary Sewer (in 1000 gallons)
Residential (per dwelling unit) (Flat Rate)- 5 and under units-winter qtr consumption 52.00
Residential (per dwelling unit) (Flat Rate) - 6-15 units-winter qtr consumption 56.10
Residential (per dwelling unit) (Flat Rate) - 16-19 units-winter qtr consumption 62.00
Residential (per dwelling unit) (Flat Rate) - 20-25 units-winter qtr consumption 65.00 67.40
Residential (per dwelling unit) (Flat Rate) - 25-39 units-winter qtr consumption 72.00 80.00
Residential (per dwelling unit) (Flat Rate) - 40-59 units-winter qtr consumption 86.00
Residential (per dwelling unit) (Flat Rate) - 40-79 units-winter qtr consumption 78.00
Residential (per dwelling unit) (Flat Rate) - 60-79 units-winter qtr consumption 92.00
Residential (per dwelling unit) (Flat Rate)- 80 and over units-winter qtr consumption 84.00 100.00
Recycling
Residential curbside (per unit) 8.00 10.00
Storm Sewer Utility Rate
Charge for a Residential Equivalent Factor of 1.00 66.00
Each single family residential property is considered to be 1/3 of an acre.
Street flights
Ornamental (per unit) 8.80 9.54
Overhead (per unit) 5.55 6.00
Water
Minimum fee, includes up to 1,000 gallons of flow 6.00
Water meters up to and including 1" 6.00
Water meters over 1" and including 2" 47.10
Water meters over 2" and including 4" 65.78
Water meters over 4" 84.63
Above 1,000 gallons of flow per quarter up to 79,000 (per 1,000 gallons) 4.18 4.34
80,000 gallons and over of flow per quarter (per 1,000 gallons) 4.21 4.37
Water Connection Fee (State Charge for each water hookup)
1.59
Irrigation Accounts (All) -Monthly Billing
Minimum fee, includes up to 1,000 gallons of flow
Above 1,000 gallons of flow per month (per 1,000 gallons)
Water Connection Fee (State Charge for each water hookup)
ACH Payment Credit
6.00
4.21 4.37
1.59
(1.00)
10
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 I 2011
Fee Fee
ty Billing Rates -Effective April 1, 2011 (continued) ~
Commercial & IndustrialMonthly B+lting
ACH Payment Credit (1.00)
Inspection Fee for Fire lines 2.00
Penalties (for late payment on monthly billings) 5%
Sanitary Sewer
Water meters up to and including 1" 6.94
Water meters over 1" and including 2" 13.48
Water meters over 2" and including 4" 20.22
Water meters over 4" 27.76
Based on per 1,000 gallons 3.37
Note: Water Meter Flow is used to establish sewer flow unless a
separate sewer flow meter has been established.
Storm Sewer Utility Rate
Charge per acre for property with a Residential Equivalent Factor of 1.00 22.00
Street Lights
Ornamental (per unit) 2.94
Overhead (per unit) 1.85
Water Connection Fee (State Charge for each water hookup) 0.53
Water Usage:
Minimum fee, includes up to 1,000 gallons of flow 6.00
Water meters up to and including 1" 6.00
Water meters over 1" and including 2" 15.72
Water meters over 2" and including 4" 21.95
Water meters over 4" 28.25
Water rate above 1,000 gallons 4.18
3.47
3.18
2.00
6.00
11
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 2011
Fee Fee
Brnokview Golf Course Rates
Regulation Course
18 Hole Non-patron 35.00
18 Hole Patron 28.00
18 Hole Sr Patron 25.00
18 Hole Non-patron Senior Rate 28.00
18 Hole Non-patron League 35.00
18 Tournament 35.00
9 Hole Non-patron 19.00
9 Hole Patron 16.00
9 Hole Sr Patron 14.50
9 Hole Non-patron Senior 16.00
9 Hole Non-patron League 19.00
9 Hole Tournament 20.00
2nd Nine Non-patron 16.00
2nd Nine Patron 12.00
Sunrise/Sunset Rate 15.00
Twilight Non-patron 19.00
Twilight Patron 16.00
Junior Rate (patron/Non/patron) 20.50/11.50
18 Hole Sr Patron "Special" Monday-Tuesday before 1 pm 23.00 N/A
9 Hole Sr Patron "Special" Monday-Tuesday 14.00 N/A
Par 3 Course
9 Hole Non-patron 12.50
9 Hole patron 9.00
9 Hole Sr Patron 8.50
9 Hole Non-patron Senior Rate 9.00 9.50
9 Hole League 12.50
9 Hole Tournament 12.50
9 Hole Junior Rate 8.00
9 Hole Junior Non-Patron Rate 9.00 9.50
Junior Punch Card 80.00
9 Hole Sr Patron Special 8.50
Par 3 Twilight (afre 6 pm) all you can play 10.00
2nd 9 Par 3 7.50
Patron Cards
Resident Adult Patron 75.00/70.00
Non-resident Adult Patron 115.00/110.00
Resident Senior Patron (age 62+) 45.00/40.00
Non-resident Senior Patron (age 62+) 80.00/75.00
Resident Junior Patron (17 yrs & under) 35.00/30.00
Non-resident Junior (17 yrs & under) 40.00/35.00
Driving Range
Warm Up Bucket 3.00
Small Bucket 5.00
Large Bucket 7.00
10 Bucket Punch Pass 57.00
Large Patron Bucket 5.00
12
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
ookview Golf Course Rates
2010
Fee
2011
Fee
Cart Rates
18 Hole Power Cart 30.00
18 Hole Tournament Cart 30.00
18 Hole Patron Cart
9 Hole Tournament Cart 19.00
9 Hole Power Cart 19.00
9 Hole Single Rider Cart N/A
9 Hole Par 3 Power Cart 15.00
9 Hole Par Patron Cart
Pull Cart/Regulation Course 5.00
Pull Cart/Par 3 Course 4.00
Trailer fee/Use of personal power cart 14.00/9.00
18 Hole Sr Patron Cart Special 24.00
9 Hole Sr Patron Cart Special 16.00
Club Rentals
18 Hole full rental -Regulation 20.00
9 Hole full rental -Regulation 10.00
9 hole Par 3 half rental 10.00
Locker Rental
Season 20.00
Daily 1.00
Towel fee 2.00
Miscellaneous fees
USGA Handicap Service
MGA Non-patron 40.00
Patron Annual 24.00
No Show Fee FULL FEE
Lessons
Adult Group 95.00
Junior Group 60.00
24.00
20.00
20.00
16.00
Park & Recreation Fees _____
~~
~A Non-Resident fee of SAAB $SDO is recommended to be added to Youth, Adult and Senior Act}vlties.~
Youth Fees
Baseball -Park 33.00 34.00
Basketball -Mites 39.00 42.00
Basketball -Youth 46.00 47.00
Bike Rangers 33.00 34.00
Catch, Kick & Throw 31.00 32.00
Chess Club 27.00 28.00
Drama Club (Summer) 58.00 59.00
Drama Club (Fall & Winter) 49.00 60.00
Explorers Hiking & Biking Club 31.00 32.00
Football -Flag 29.00 30.00
Football/Basketball/Soccer Skills 29.00 30.00
Ice Hockey Skills Camp 49.00 50.00
Ice Hockey -Rink Rat 46.00
Jewelry Making 31.00 32.00
Jump Rope 17.00 18.00
13
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010
Fee 2011
Fee
Park & RecreationFees (continued)
____ _
(A NOn-Resident fee o($3.88$5.~0 is recommended to be addedto YOUth, Adult and Senior ACtivi[ies,~ ~~
Youth Fees -continued
Kickball 28.00 29.00
Kids Club 38.00 44.00
Kids Korner 29.00 30.00
Pre-School Players 36.00 37.00
Pens, Pencils, Markers, & More 23.00 24.00
Pitch by Coach 33.00 34.00
Playgrounds Free
Preschool Playtime -per time 3.00
Preschool Playtime- 10-time punch pass 25.00
Sand Volleyball 28.00 29.00
Soccer -Fall 32.00 33.00
Soccer - Nerf 32.00 33.00
Summer Survivor 30.00 31.00
Tap & Ballet 36.00 38.00
T-Bali 33.00 34.00
Tennis Teen Team League 125.00
Tennis-Full Day Camp 190.00 195.00
Tennis-Half Day Camp 110.00 115.00
Adult/Senior Activities
Ballroom Dance -Swing & Social 50.00
Basketball -Open
Drop-in Fee 4.00
10-time Punch Pass 25.00 28.00
Belly Dancing 65.00
Bridge -Beginning 30.00 31.00
Bridge -Intermediate 30.00 31.00
Broomball - Co-Rec
Resident 430.00 435.00
Non-Resident 520.00 525.00
Easy Photo Organization 15.00
Holiday Photo Greeting Cards 15.00
Hypnosis Classes (1 day) 22.00
Line Dancing 45.00 - 60.00
Painting (6-time Punch Pass) 39.00
Pilates/Yoga N/A $55-$95
Scrapbooki ng -Big-R~ista~re 15.00
Self Defense -Tae Kwan Do 36.00 56.00
Soccer League - Co-Rec
Resident 445.00 450.00
Non-Resident 595.00 600.00
Softball Leagues -Fall
Resident 310.00 315.00
Non-Resident 435.00 440.00
14
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010
Fee 2011
Fee
Park & Recreation Fees (continued) _
___
~A Non-Resident fee of $J.00 $5'.00 is recommended to be added m Youth, Adult and Senior AcUVi Fies.~
Adult/Senior Activities -continued
Softball Leagues - Spring/Summer
Doubleheader Leagues
Resident 615.00 620.00
Non-Resident 815.00 820.00
Single Game Leagues
Resident 440.00 445.00
Non-Resident 595.00 600.00
Tennis Drills (2 lessons) 36.00 37.00
Tennis League- Mixed Doubles 26.00
Tennis League -Singles 20.00
Volleyball -Open
Drop-in Fee 4.00
10-time Punch Pass 25.00 28.00
Yoga & Pilates 55.00 -95.00
Senior Programs
Bowling Tourney 5.00
Coffee Talk 2.00
Craft Classes 6.50 - 16.00
Defensive Driving (refreshments only) 1.00
Humanities 2.00 - 5.00
Living Well and Wise 1.00 - 4.00
Lunch Events 8.50 - 16.00 9.00 -16.00
Membership Dues 5.00 - 8.00
Money Matters 1.00 - 3.00
Remember W hen 1.00 - 2.00
Special Events 4.00 - 20.00
Trips -Extended 2-6 Days 200 - 2,000 200-1,000
Trips -One Day 6.50 - 95.00 7.50-95.00
Other Park & Recreation Fees
Small Park Shelter
Resident (up to 50 people) 80.00 85.00
Non-resident 90.00 100.00
Large Park Shelter
Resident (up to 100 people) 95.00 100.00
Non-resident 105.00 120.00
Beer/Wine Permit Only with picnic shelter rental 20.00
Community Center
Resident (over 75 people; 12 hours) 550.00 560.00
Non-resident (over 75 people; 12 hours) 635.00 645.00
Resident (up to 75 people; 5 hours max) 25 per hr
Non-resident (up to 75 people; 5 hours max) 35 per hr
Private Industry or Commercial Use Resident/Non-resident 50-60 per hr 55-65 per hr
15
City of Golden Valley
2011 Master Fee Schedule -Exhibit A
2010 2011
Fee Fee
Park & Recreation Fees (continued)
~A hon-Resident fee of $3,BB $5.00 is recornrnended to b e added to Youtly Adult and Senior AcliviCies.)
Other Park & Recreation Fees -continued
Tennis Court
Court/hr/wkday 5.00
Eve & Weekend 10.00
Picnic Kits 15.00/kit
Athletic Field
Per hour 35.00
W/Lights per hour 50.00
Non-Brookview
General Park Usage per hour 35.00
Commercial Use of Park per hour 100.00
Park Building per hour 40.00
Hockey Rink per hour 35.00
Youth Athletic Association per player $5/resident
(maitenance fee) $10/non-resident
Invitational Tournament per field per day 50.00
16
Golden Valley
~~ ~ ~
City Administration/Council
763-593-8003 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
3. P. Supporting Community Schools for Robbinsdale School District
Prepared By
Thomas Burt, City Manager
Summary
At the Council/Manager meeting of November 10, District 281 School Board Members Helen
Bassett and Patsy Green were in attendance to inform the Council that the District is
considering using Olson Elementary School as a magnet school.
The Council requested staff to draft a resolution supporting the District in their use of Olson
School
Attachments
Resolution Supporting Community Schools for Robbinsdale School District 281 in Golden
Valley (1 page)
Recommended Action
Motion to adopt Resolution Supporting Community Schools for Robbinsdale School District
281 in Golden Valley.
Resolution 10-76 December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION SUPPORTING COMMUNITY SCHOOLS FOR
ROBBINSDALE SCHOOL DISTRICT 281 IN GOLDEN VALLEY
WHEREAS, Robbinsdale Independent School District (ISD) 281 currently has only
one elementary school serving students in Golden Valley; and
WHEREAS, communities benefit by having a local school as a community resource
and students benefit by having schools within walking distance of their homes; and
WHEREAS, Golden Valley has established the goal of community connectedness in
its Comprehensive Plan and the Robbinsdale ISD 281 Strategic Plan established the goal
of creating facilities that meet the needs of its students and of the communities which it
serves; and
WHEREAS, Robbinsdale ISD 281 is considering placing a Spanish Immersion or
Science and Technology Magnet School in Olson School, located in northwest Golden
Valley; and
WHEREAS, Golden Valley has a long tradition of support for the District, including
partnering in the "Safe Routes to Schools" program, community support for bond
referendums, and is home to many residents who serve in leadership roles for the District;
and
WHEREAS, Golden Valley would like to further explore collaborative programming
between the City and the District at Olson School; and
WHEREAS, the neighbors of Olson School have long supported its use as a public
school available to the neighborhood, but have seen many transitional uses in the facility
over the years.
NOW, THEREFORE, BE IT RESOLVED, that the Golden Valley City Council
supports public schools in its neighborhoods and encourages the Board of Robbinsdale
Independent School District 281 to consider the use of the Olson School as a magnet
school serving the neighborhood and the District.
BE IT FURTHER RESOLVED that the Council will work positively with the Board to
collaborate on use of Olson School as an elementary magnet school for the District.
ATTEST:
Linda R. Loomis, Mayor
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
`Golden galley
Fire Department
763-593-8079 / 763-593-8098 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
4. A. Second Consideration -Ordinance #451 -Repealing in its Entirety Section 6:34:
Tobacco and Adding a New Section 6:34: Tobacco
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
On May 11, 2010, Governor Pawlenty signed into law, the Tobacco Modernization and
Compliance Act of 2010, expanding laws related to the sale and use of tobacco products and
related devices. The law was effective August 1, 2010. The new law includes modifying the
definition of tobacco to include any tobacco product that can be ingested; prohibits selling
tobacco products, rolling papers and pipes in open displays; prohibits minors from purchasing
rolling papers; prohibits selling to a minor any product that contains or delivers nicotine or
lobelia. This may also require licensing businesses that did not previously require licensing.
This law requires amending City Code Section 6.34: Tobacco, to be in compliance with the
Tobacco Modernization Act of 2010.
The City Council approved the ordinance on its first consideration on November 16, 2010. If
the Council adopts the ordinance on its second consideration, it will be effective upon
publication.
Attachment
Ordinance #451, Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section
6:34: Tobacco (4 pages)
Recommended Action
Motion to adopt on Second Consideration, Ordinance #451, Repealing in its Entirety Section
6:34: Tobacco and Adding a New Section 6:34: Tobacco.
ORDINANCE NO. 451, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Section 6:34: Tobacco and
Adding a New Section 6:34: Tobacco
The City Council of the City of Golden Valley ordains as follows:
Section 1. City Code, Chapter 6, Section 6:34 entitled "Tobacco" is hereby repealed
in its entirety.
Section 2. City Code, Chapter 6, Section 6:34 is hereby amended by adding a new
Section 6:34, entitled "Tobacco", reading as follows:
Section 6.34: Tobacco
Subdivision 1. Definitions
For the purpose of this Section, the following terms have the meaning stated:
A. Self Service Merchandising: means the open display of tobacco product
where the public has access to the tobacco products without the intervention of
an adult employee, and shall include the use of a vending machine.
B. Tobacco Products: means cigarettes and any products containing, made, or
derived from tobacco that is intended for human consumption, whether chewed,
smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other
means, or any component, part, or accessory of a tobacco product, including,
but not limited to, cigars; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flower;
Cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts,
refuse scrips, clippings, cutting and sweepings of tobacco; and other kinds and
forms of tobacco. Tobacco excludes any products that has been approved by the
United States Food and Drug Administration for sale as a tobacco cessation
product, as a tobacco dependence product, or for other medical purposes, and is
being marketed and sold solely for such an approved purpose.
C. Tobacco-Related Devices: means cigarette papers or pipes for smoking.
Subdivision 2. License Required
No person shall directly or indirectly, by coin or vending machine, or otherwise, keep
for sale, sell or otherwise dispose of any tobacco products or tobacco-related devices
at any place in the City unless they have obtained a license therefore as provided
herein.
Subdivision 3. License Facility
Separate licenses shall be required for each place of business selling tobacco products
or tobacco-related devices. No license shall be issued for a movable place of business.
Subdivision 4. Display of License
Every license issued under this Section shall be openly displayed in the place of
business to which it has been issued.
Subdivision 5. Prohibited Acts
A. No person shall sell, give away or furnish any tobacco product or tobacco-
related devices to any person under the age of eighteen (18).
B. No person shall use self service merchandising for tobacco products or tobacco-
related devices.
Subdivision 6. Actions Required by Licensees
A. Persons licensed under this Section shall be required to train all employees on
the requirements of this Section.
B. Checkout registers using computer scanners shall be programmed to remind
seller to check identification of purchasers of tobacco products or tobacco-
related devices, unless such a reminder is not available in said register program.
C. Every licensee under this Section shall be responsible for the conduct of its
employees while on the licensed premises and any violation of this Section by an
employee shall be considered a violation of the licensee for purposes of imposing
an administrative fine, license suspension or revocation.
Subdivision 7. Violations
A. Administrative Civil Penalties: Individuals. Any person who sells, gives away or
furnishes any tobacco product or tobacco-related devices to a person under the
age of 18 years is subject to an administrative penalty. The Council shall impose
an administrative penalty for violation of subdivision 5 of this Section as follows.
1. First violation. The Council shall impose a civil fine not to exceed fifty dollars
($50).
2. Second violation within twelve (12) months. The Council shall impose a civil
fine not to exceed one hundred dollars ($100).
3. Third violation within twelve (12) months. The Council shall impose a civil
one not to exceed one hundred fifty dollars ($150).
B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a
licensee is found to have sold, given away or furnished tobacco product or
tobacco-related devices to a person under the age of eighteen (18) years._The
licensee shall be subject to an administrative penalty for violation of subdivision
5 of this Section as follows:
1. First violation. The Council shall impose a civil fine not to exceed one
hundred fifty dollars ($150).
2. Second violation within twelve (12) months. The Council shall impose a civil
fine not to exceed two hundred fifty dollars ($250).
3. Third violation within twelve (12) months. The Council shall impose a civil
fine not to exceed five hundred dollars ($500).
C. Administrative Penalty Procedures. No suspension or penalty may take effect
until the licensee has received, notice (served personally or by mail) of the
alleged violation, and an opportunity for a hearing before a person authorized by
the licensing authority to conduct the hearing. A decision that a violation has
occurred must be in writing.
D. Defense. It is a defense to the charge of selling tobacco or tobacco-related
devices to a person under the age of eighteen (18) years, that the licensee or
individual, in making the sale, reasonably and in good faith relied upon
representation of proof of age described in Minnesota Statutes section
340A.503, subdivision 6.
E. Exceptions. An Indian may furnish tobacco to an Indian under the age of
eighteen (18) years if the tobacco is furnished as part of a traditional Indian
spiritual or cultural ceremony. For purposes of this paragraph an Indian is a
person who is a member of an Indian tribe as defined in Minnesota Statutes
section 260.755, subdivision 12.
Subdivision 8. Compliance Monitoring
Periodically, but no less than once each calendar year, the City shall complete
compliance checks of all licensees within the City. At the time of license application,
applicant shall be made aware of this Subdivision. Violators of this Section may be
checked more frequently than non-violators. The Department of Public Safety shall
make an annual report to the Council on the compliance checks.
Subdivision 9. Violation a Misdemeanor
Every person who violates a section, subdivision, paragraph or provision of this
Section, when such person performs an act thereby prohibited or declared unlawful, or
fails to act when such failure is thereby prohibited or declared unlawful, and upon
conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and
may also be subject to administrative penalties as otherwise stated in specif=ic
provisions hereof.
Section 3. If any section, subsection, sentence, clause, phrase, word, or other
portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whole, or
in part, by any court of competent jurisdiction, such portion will be deemed severable and
such unconstitutionality or invalidity will not affect the validity of the remaining portions or
this law, which remaining portions will continue in full force and effect.
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 6,
Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 5. This ordinance will be effective upon passage and publication in
accordance with law.
Adopted by the City Council this 7th day of December, 2010.
/s/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
/s/Susan M. Virnig
Susan M. Virnig, City Clerk
CItV
~~~
~~
Valley
-r .~ -
Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 7, 2010
Agenda Item
4. B. Public Hearing -Adoption of 2010 Property Tax Levy Payable 2011 and 2011-2012
General Fund Budget
Prepared By
Sue Virnig, Finance Director
Summary
At this meeting, City Council will consider the resolution adopting the 2010 property tax levy
and the 2011 General Fund budget. The 2012 budget is for future planning purposes and is
approved in concept only. Staff will present an overview of the 2011-2012 budget process.
Attachments
Resolution Adopting the 2010 Property Tax Levies for Taxes Payable 2011 (1 page)
Resolution Adopting the 2011 Budget of the General Fund Budget (2 pages)
2011-2012 Proposed General Fund Budget (distributed previously)
Recommended Action
Motion to adopt Resolution Adopting the 2010 Property Tax Levies for Taxes Payable 2011.
Motion to adopt Resolution Adopting the 2011 Budget of the General Fund Budget.
Resolution 10-77 December 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING THE 2010 PROPERTY TAX LEVIES
FOR TAXES PAYABLE 2011
WHEREAS, the City Council has approved for the fiscal year commencing January
1, 2011 and
WHEREAS, the proposed budgets require monies to be raised from property taxes
on taxable property in the City of Golden Valley.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the following
sums of money be raised by property tax on taxable property in the City of Golden Valley
for taxes payable in 2011 as set out in the 2011-2012 adopted City budgets are hereby
levied;
BE IT FURTHER RESOLVED by the City Council of the City of Golden Valley,
Minnesota, that the 2011 General Fund Budget are hereby given final approval.
PURPOSE
General Fund
TAX LEVY
$12,203,835
SPECIAL LEVIES:
Fire Relief Association Pension Levy
Tax Abatement Levy
Certificate of Indebtedness
Bonded Indebtedness
TOTAL LEVIES
66, 000
300, 000
791,415
3 048200
$16,409,450
BE IT FURTHER RESOLVED, that the City Council declares its intent to take all
necessary actions legally permissible to the submission and approval of the City's budget
and property tax levies both proposed and final.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 10-78
December 7, 2010
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING THE 2011 BUDGET
OF THE GENERAL FUND BUDGET
WHEREAS, in 2010, the staff presented a biennial budget cycle with a proposed
current budget year and a 2012 in concept budget proposal; and
WHEREAS, this proposed 2011 operating budget resolution and the accompanying
proposed tax levies contained in Resolution 10-77 are submitted by the City in accordance
with Minnesota Statutes and other applicable laws in effect on this date; and
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that
the 2011 General Fund Budget are hereby given final approval.
DIVISION
DESCRIPTION AMOUNT
001 Council $287,970
003 City Manager 747,095
004 Transfers Out 439,970
005 Administrative Services 1,524,180
006 Legal Services 120,000
007 Risk Management 280,000
011 Building Operations 570,680
016 Planning 322,315
022 Police 4,695,320
023 Fire 1,516,730
035 Public Works Administration 319,830
036 Engineering 613,515
037 Streets 1,333,375
065 Community Centers 71,400
066 Park and Recreation Administration 672,460
067 Park Maintenance 996,485
068 Park and Recreation Programs 409,170
TOTAL 2011 BUDGET $14,920,495
Resolution 10-78 -Continued
December 7, 2010
BE IT RESOLVED by the City Council that the sources of financing the sums
appropriated shall be:
DESCRIPTION AMOUNT
Ad Valorem Taxes $11,702,050
Licenses 166,865
Permits 576,400
State Grants 10,500
Charges for Services 1,725,540
Fines and Forfeitures 250,000
Interest on Investments 100,000
Miscellaneous Revenue 214,140
Transfers In 175,000
TOTAL 2011 BUDGET $14,920,495
BE IT FURTHER RESOLVED, that the City Council declares its intent to take all
necessary actions legally permissible to the submission and approval of the City's budget
and property tax levies both proposed and final.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.