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01-16-18 CC Agenda Packet (entire)
AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 16, 2018 Immediately following the HRA meeting 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call C. Presentation - Year-End Report 2017 Discover St. Louis Park 3 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 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 - City Council Meeting January 2, 2018 4-7 B. Approval of City Check Register 8 C. Licenses: 1. Multi-Family Rental Property Licenses 9 D. Minutes of Boards and Commissions: 1. Human Rights Commission - November 28, 2017 10-12 2. Human Services Fund - November 13, 2017 13-14 E. Bids and Quotes: 1. Purchase of Boone Avenue Storm Sewer Lift Station Generator 15-26 2. Purchase of Galaxy HRE Modules for the Water Meter Reading System Upgrade 27 3. Purchase of Fire Pumper Truck 28-29 4. Purchase and installation of Ballfield Lighting for fields #1 & #3 at Isaacson Park 30-31 F. Cooperative Agreement with the City of Bloomington Regarding 2018 National Football League Super Bowl 32-50 G. Approve Transfer of Remnant City Parcel to 1320 Fairlawn Way 18-06 51-61 H. Authorize State of Minnesota Agency Agreement for Federal Participation in Construction 18-07 62-77 I. Approve Agreement for Maintenance of Traffic Control Signal Systems with Hennepin County 78-85 J. Acceptance of Donation/Grant for Ballfield Lights at Isaacson Park 18-08 86-87 K. Appointment of Commissioners to the Bassett Creek Watershed Management Commission 18-09 88-89 L. Board/Commission Appointment 90 4. PUBLIC HEARINGS A. Public Hearing - Approval of a Major PUD Amendment and Amendments to the Official Zoning Map - 701 Lilac Drive North 91 B. Public Hearing - Approval of Conditional Use Permit and Amendments to the Official Zoning Map and the General Land Use Plan Map - 5508 Olson Memorial Highway (Damascus Way) 92 C. Public Hearing - Amendment to the General Land Use Plan Map - 1111 Douglas Drive (Corporate Woods) 93 4. PUBLIC HEARINGS - continued D. Public Hearing - Douglas Drive Redevelopment Area Plan Expansion 94 E. Public Hearing - Establishing a Tax Increment Financing (Redevelopment) District - Tennant World Headquarters within the Douglas Drive Redevelopment Project Area 95 F. Public Hearing - 2018 Pavement Management Program Project No. 18-01 18-10 96-146 G. Public Hearing - Special Assessments - 2018 Pavement Management Program 18-11 147-153 5. OLD BUSINESS 6. NEW BUSINESS A. First Consideration - Ordinance #630 - Amendment to City Code Section 6.43 Peddlers and Solicitors 154-156 B. Review of Council Calendar C. Mayor and Council Communications 7. ADJOURNMENT Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 1. C. Presentation - Year-End Report 2017 from Discover St. Louis Park Prepared By Tim Cruikshank, City Manager Summary Becky Bakken, President and CEO of Discover St. Louis Park will be in attendance to present the Council with a year-end update for Discover St. Louis Park. UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA January 2, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Steve Schmidgall and Andy Snope. Also present were: City Manager Cruikshank and City Clerk Luedke. 1A. Pledge of Allegiance The Council thanked Council Member Snope for his years of service to the City. City Manager Cruikshank presented Council Member Snope with a vase on behalf of the Council and the City. Council Member Snope thanked the Golden Valley residents and encouraged them to get involved with their City. 1B. Oath of Office City Manager Cruikshank administered the oath of office to Council Members Larry Fonnest and Gillian Rosenquist. Council Member Fonnest thanked the Golden Valley citizens and his volunteers who assisted during his campaign. Council Member Rosenquist thanked former Council Member Snope for his assistance in the transition, the rest of the Council, and the residents of Golden Valley. 1C. Roll Call and Seating of the Council Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the agenda of January 2, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Fonnest to approve the consent agenda of January 2, 2018, as revised: removal of 3B-Approve Designation of the 2018 Official Newspaper, 3C-Designating Depositories for City Funds, 3E1- Accept for filing the Minutes of the Open Space & Recreation Commission and 3H1-Financing of City’s 2019 Pavement Management Program and the motion carried. 3A. Approve Minutes of City Council Meeting - December 19, 2017. 3B. Approve Designation of the 2018 Official Newspaper. 3C. Adopt Resolution 18-01, Designating Depositories for City Funds. 3D. Approve City Check Register and authorize the payments of the bills as submitted. 3E. Accept for filing the Minutes of Boards and Commissions as follows: 1. Open Space & Recreation Commission - October 23, 2017 2. Bassett Creek Water Management Commission - November 15, 2017 3F. Approve Usage of Credit Cards by any City employee who received prior approval from the appropriate supervisor and approved by the Finance Director and/or City Manager. 3G. Adopt Resolution 18-02, making Annual Elections for the 2018-19 Insurance Policy. 3H1. Adopt Resolution 18-03, relating to the financing of City’s 2019 Pavement Management Program and establishing compliance with Reimbursement Regulations Unofficial City Council Minutes -2- January 2, 2018 3. APPROVAL OF CONSENT AGENDA - continued 3H2. Adopt Resolution 18-04, ordering Preparation of Feasibility Report for the 2019 Pavement Management Program and authorize entering into an agreement for Professional Engineering Services with Short Elliot Hendrickson, Inc. in an amount not to exceed $408,100. 3I. Authorize Agreement with Short Elliott Hendrickson, Inc. to provide project design services for City Improvement Project #18-07, 2018 Asphalt Overlay Project, in an amount not to exceed $34,000. 3J. Adopt Resolution 18-05, supporting the Minnesota License and Registration System (MN LARS) Maintenance. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3B. Approve Designation of the 2018 Official Newspaper City Manager Cruikshank answered questions from Council regarding the mandate to designate an official newspaper. Finance Director Virnig answered questions from Council regarding the cost to the City. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to approve the designation of the New Hope/Golden Valley SunPost as the 2018 Official Newspaper and the motion carried. 3C. Designation of Depositories for City Funds Finance Director Virnig answered questions regarding the designated banks and fund accounts. MOTION made by Mayor Harris, seconded by Council Member Clausen to adopt Resolution 18-01, designating depositories for City Funds upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 3E1. Accept for filing Minutes of the Open Space & Recreation Commission Meeting City Manager Cruikshank answered questions from Council regarding the tennis court removal and the communication to the neighborhood. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to receive and file the minutes of the Open Space and Recreation Commission meeting of October 23, 2017, and the motion carried. 3H1. Financing of City’s 2019 Pavement Management Program Physical Development Director Nevinski answered questions from Council regarding the City areas that will be included in the 2019 Pavement Management Program. MOTION made by Mayor Harris, seconded by Council Member Clausen to adopt Resolution 18-04, relating to the Financing of City’s 2019 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. Unofficial City Council Minutes -3- January 2, 2018 4. PUBLIC HEARINGS 5. OLD BUSINESS 6. NEW BUSINESS 6A. Approve 2018 Appointments and Assignments City Manager Cruikshank presented the staff report and answered questions from Council. Council Member Clausen nominated Council Member Fonnest as the 2018 Mayor Pro Tem and the motion carried. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to approve the 2018 appointments and assignments as listed below and the motion carried. Council Liaisons Board of Zoning Appeals Fonnest Civil Service Commission Clausen Environmental Commission Fonnest Human Rights Commission Clausen Human Services Fund Clausen Open Space and Recreation Commission Rosenquist Planning Commission Schmidgall Other Assignments Beyond the Yellow Ribbon Campaign Harris, Clausen Bicycle and Pedestrian Planning Task Force Schmidgall Bottineau Light Rail Transit (LRT) Community Works Steering Committee Fonnest, Rosenquist Golden Valley Business Council Harris, Fonnest Golden Valley Historical Society Board Member Schmidgall Highway 169 Mobility Study Policy Advisory Committee Schmidgall, Delegate Clausen, Alternate Hopkins School District 270 Caring Youth Committee Rosenquist Hopkins School District 270 Cities Joint Meetings Harris Legislative Liaison and Spokesperson Harris METRO Blue Line Extension Corridor Management Committee Clausen, Harris Metro Cities Fonnest Minneapolis Water Advisory Board Harris Northwest Suburbs Cable Communications Commission Clausen Regional Council of Mayors Harris Robbinsdale School District 281 Advisory Committee Fonnest Sochacki Park Governance Policy Board Harris, Fonnest The appointment of Dave Gustafson, Jake Dashiell, Al Lundstrom and Tim Teynor, as the Assistant Weed Inspectors for a one-year term. The appointment of City Council Member Gillian Rosenquist as a Commissioner to the Housing and Redevelopment Authority with terms concurrent with her tenure on the City Council. Unofficial City Council Minutes -4- January 2, 2018 6B. Review of Council Calendar Board and Commission Interviews will be held on January 9, 2018, at 5 pm in the Council Conference room. The next Council/Manager meeting will be held on January 9, 2018, at 6:30 pm. Some Council Members may attend the Sweet Potato Pie Baking event on January 13, 2018, from 8 am to 5 pm at Calvary Lutheran Church, 7520 Golden Valley Road. Some Council Members may attend the Sweet Potato Pie 4th Annual Martin Luther King, Jr. event on January 14, 2018, from 2 to 4:30 pm at Brookview, 316 Brookview Parkway. City Offices will be closed on January 15, 2018, in observance of Martin Luther King, Jr. Day. Some Council Members may attend the 28th Annual MLK Holiday Breakfast event on January 15, 2018, from 7 to 9 am at the Minneapolis Armory, 500 South 6th Street. The next Housing and Redevelopment Authority meeting will be held on January 16, 2018, at 6:30 pm. The next City Council Meeting will be held on January 16, 2018, immediately following the Housing and Redevelopment Authority meeting. Some Council Members may attend the Golden Valley Rotary’s 2nd Annual Winter Warm Up event on January 22, 2018, from 5:30 to 8:30 pm at the Surly Brewing Company, 520 Malcolm Avenue, Minneapolis. Some Council Members may attend the Legislative Breakfast on January 27, 2018, at 9:30 am at the Crystal City Hall, 4141 Douglas Drive. 6C. Mayor and Council Communication No action and/or discussion took place. 7. ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Fonnest, and the motion carried unanimously to adjourn the meeting at 7:42 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. C. Multi-Family Rental Property Licenses Prepared By Dave Gustafson, Fire/Property Maintenance Specialist Jill Lund, Administrative Assistant Summary The following are new multi-family rental properties. PROPERTY LICENSE FEE Central Park West Apartments - 1511 Utica Avenue South $ 225 Liberty Crossing Apartments - 2450 Winnetka Avenue North $ 300 The fees for the first year are a building fee only; the per unit fees are based on participation in the police department S.T.A.R. Program for the previous year. Since these are new apartments, they have not had the opportunity to participate and therefore the per unit fees are waived the first year. Recommended Action Motion to authorize the issuance of multi-family rental licenses as recommended by staff. Human Rights Commission November 28, 2017 Meeting Minutes Page 1 of 3 MINUTES Human Rights Commission (HRC) Golden Valley City Hall 7800 Golden Valley Road Golden Valley, Minnesota 55427 Council Conference Room November 28, 2017 Commissioners present: Kyle Pettersen-Scott, Chair Maurice Harris, Vice Chair Adam Buttress Eve Clarkson Teresa Martin Gloria Peck Carrie Yeager Commissioners absent: Jonathan Burris Isaac Mintzer Staff: Kirsten Santelices, Human Resources Director The meeting was convened at 6:30 pm by Chair Pettersen-Scott. APPROVAL OF AGENDA Chair Pettersen-Scott reviewed the agenda. Motion by Commissioner Peck, seconded by Commissioner Harris to approve the agenda as amended: Addition of Old Business - Fund Clarification and Comprehensive Plan Update; and New Business - Change January Meeting Date. Motion carried 7-0. APPROVAL OF OCTORBER 24, 2017 REGULAR MEETING MINUTES Motion by Commissioner Martin, seconded by Commissioner Peck to approve the minutes as amended: correct spelling of Chair, note that Buttress was present. Motion carried 7-0. OLD BUSINESS MLK Day Literary Contest Finalization Martin stated the subcommittee met to develop a flyer announcing the contest. The HRC logo will be added to the flyer. The deadline was suggested to change to January 2 in order for subcommittee review of the essays. The subcommittee is recommending that $50 cash prize be awarded to selected winners. HRC members reviewed and made changes to the contest flyer. The contest judges will review the essays and depending upon the number of submissions they may award multiple winners. Santelices will provide the judges with the submitted essays. The judges will review the essays and will notify staff of the winners. Staff will forward the winning essays and judges’ comments to the full HRC prior to announcing the winners. If any Human Rights Commission November 28, 2017 Meeting Minutes Page 2 of 3 HRC member has any objections to the winning essays staff will notify the judges to make the final determination. The judges will be Commissioner Harris and a family member of Commissioner Clarkson. A third judge is being recruited by the HRC members. HRC members will notify Santelices the contact information of any potential judges. If unable to find a third judge Pettersen-Scott volunteered. The judges will notify the winners HRC members discussed how to notify the schools in Hopkins and Robbinsdale School Districts, Perpich Center for Arts and Breck School of the contest. Santelices will email the contest flyer to all HRC members, and to the School Districts, Perpich and Breck schools. Pettersen-Scott will email Santelices with the contacts for the Robbinsdale School District. Martin will put flyers at the library. Clarkson will speak with Hopkins High School regarding publishing contest information at the school. Some HRC members will pick up flyers and distribute and post them at various locations throughout the City. Santelices will notify HRC when flyers are available. Motion by Commissioner Yeager, seconded by Commissioner Martin to approve funding for the literary contest for up to $200 for individual $50 cash prizes to be taken from the 2018 budget and to amend the deadline to January 2, 2018 at 5 pm. Motion carried 7-0. The HRC will discuss the contest rules/guidelines for judging at the December meeting. The winners will also receive tickets to the January 15, 2018 Minneapolis MLK Day Celebration and be invited to present their piece at the January 14, 2018 MLK celebration which will be held at Brookview Golden Valley. Welcome Statement The HRC reviewed other city welcome statements/resolutions. Santelices will send a copy of the statements/resolution the HRC highlighted for possible use. The HRC decided to continue discussion of the item at the December meeting. HRC members were requested to review the material and come prepared to the next meeting. Bookmark Human Rights Day The HRC reviewed numerous quotes and selected ten to be made into bookmarks. The bookmarks will be available at the library and city hall. Motion by Commissioner Harris, seconded by Commissioner Yeager to approve $400 for the purchase of 1,000 bookmarks and 2 Human Rights Day posters. Motion carried 7-0. Santelices will email Martin the quotes selected and will send Santelices a mock-up of the bookmarks for approval. Santelices will check with the Communications team about the possibility of creating a Human Rights Commission logo. Use the image from the HRC Conversations and just replace “Conversations” with Golden Valley Human Rights Commission. Human Rights Commission November 28, 2017 Meeting Minutes Page 3 of 3 2017 Work Plan Review and 2018 Work Plan Discussion The HRC decided to move the discussion of the 2018 Work Plan. The HRC was requested to think about goals for 2018 and be prepared to discuss them at the December meeting. Santelices will resend out a copy of the 2017 Work Plan. Fund Clarification for MLK Celebration The HRC discussed the budget for 2018 and would like to sponsor an educational speaker at the January 14, 2018 MLK Celebration which will be held at Brookview Golden Valley. Motion by Commissioner Harris, seconded by Commissioner Yeager to approve an amount up to $400 to sponsor an educational speaker for the MLK Celebration on January 14, 2018. Motion carried 7-0. Comprehensive Plan Update Santelices will be send out the first two chapters of the Comprehensive Plan for input and review the HRC. The deadline for input is December 5. HRC members have been added to the Comprehensive Plan list serve for future chapter reviews. HRC members will respond individually. NEW BUSINESS Citizen’s Policy Academy Notification Santelices reminded HRC members of the 2018 Citizen’s Policy Academy which will be held on Thursdays, from January 11 to March 18. (No class on February 1). The Academy will be held from 6-9 pm at the Police Department Training Room. Santelices encouraged HRC members to participate. Meeting Date in January Santelices reviewed the process for changing HRC meeting dates if needed. The HRC discussed if they needed to hold a meeting to determine the winners of the MLK Day Literary Contest. Adjourn Motion by Commissioner Peck, seconded by Commissioner Harris to adjourn the meeting at 8:17 pm. Motion carried 7-0. _______________________________ Kyle Pettersen-Scott, Chair ATTEST: _________________________________ Kirsten Santelices, Staff Liaison Respectfully submitted, Judy Nally, Administrative Assistant Approved by HRC: December 28, 2017 Golden Valley Human Services Fund (GVHSF) Meeting Minutes November 13, 2017 Present: Denise La Mere-Anderson, Aaron Black, Stephanie Devitt, Kathryn Frommer, Alan Ingber, Andrea Mac Arthur, Sarah Meyerring, Sophia Vento, Toots Vodovoz. Also present: Brian Erickson, Staff Liaison. Absent: Hilmer Erickson, Peder Hanson, Katie Hart and Elissa Heilicher. Call to Order: La Mere-Anderson called the meeting to order at 6:50 pm. Agenda Changes or Additions: Erickson requested to add Solicitation Letter to Other Business. October 12 Minutes: Mac Arthur moved and Black seconded the motion to approve the minutes from October 9. The motion passed unanimously. Applications for Funding: Members discussed the applications and reviewed the agency presentations. After discussion the following decision was made: Allocations for 2018: Agency Request Recommended allocation Canvas Health/Crisis Connection $3,483 $3,500 Crisis Nursery $5,000 $2,500 Dinner At Your Door $9,000 $8,000 PRISM $12,000 $12,000 Senior Services HOME $7,000 $5,000 Senior Services Outreach $5,500 $3,500 Sojourner Project $7,500 $7,000 The Bridge for Youth $5,000 $5,000 TreeHouse $5,000 $2,050 YMCA - New Hope $5,000 $2,000 HUG $5,000 $5,000 ResourceWest $5,000 $4,450 TOTAL $74,483 $60,000 Agencies will be directed to use the funds for program costs for Golden Valley residents, when possible. Motion passed unanimously. La Mere-Anderson invited members to attend the December 5 council meeting when she will present the annual report and ask for approval of the recommendations. Other Business: Golf and Lawn Bowling Classic: Erickson gave the commission some date options for the Golf and Lawn Bowling Classic. It was decided to host the tournament on Monday, September 10, beginning with lunch and golf and lawn bowling preceding. Sponsorship Committee: Black gave an update on a possible plan to solicit businesses for sponsorship using a tier system. More conversation and planning is needed to implement. Run the Valley: T-Shirt selection: Erickson presented potential logos for Run the Valley. Members were directed to let Erickson know, by December 1, their first choice. Solicitation Letter: Erickson distributed the draft of the solicitation letter that will be sent to residents, for proofing. The letter is scheduled to be mailed in early December. La Mere-Anderson announced the next meeting will be held on Monday, January 8 at 6:45 pm. Adjournment: Vodovoz moved to adjourn the meeting, Black seconded the motion. The meeting was adjourned at 8:43 pm. Respectfully submitted, Denise La Mere-Anderson, GVHSF Chair Brian Erickson, Staff Liaison Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. E. 1. Purchase Boone Avenue Storm Sewer Lift Station Generator Prepared By Tim Kieffer, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary The generator at the Boone Avenue storm sewer lift station began to malfunction earlier this summer. It was discovered the head gasket was leaking causing oil to mix with the coolant. A more thorough inspection revealed the head was warped and the pistons were pitted. Preliminary quotes to repair the motor were $27,486.88. Staff recommends replacing the entire generator due to the existing motor’s high repair cost and to keep the generator as one standardized unit. The generator should be replaced to ensure emergency power to the station during severe weather events. Staff solicited quotes for the purchase of one generator. The results are as follows: Premium Electrical Corporation $37,000.00 Ziegler, Incorporated* $36,197.07 *Ziegler, Incorporated’s offer includes a service bill refund of $3,885.93 which is indicated on the total purchase price. Funds for the unplanned, emergency purchase will come from the Storm Sewer Capital Improvement Program. Staff has eliminated the purchase of a V-box Spreader in the amount of $67,000, project number SS-25, to make monies available for the replacement in 2018. Attachments • Ziegler Inc. Repair Estimate (2 pages) • Ziegler Inc. Quote (4 pages) • Premier Electrical Corporation Quote (5 pages) Recommended Action Motion to approve the purchase of one Caterpillar DG60 generator from Ziegler Inc. in the amount of $36,197.07. ZIEGLER M I REPAIR ESTIMATE 8050 State Hwy. 101 Shakopee, MN 55379-9734 CUSTOMER: DATE: • City of Golden Valley/ repairs/3258600/Estimate#17-0476 07/24/2017 PERSON TALKED TO: W/O#: Joe CSR: SERIAL NO: Kyle Bergquist ONCF01124 MODEL: OLYMPIAN G60F3 PHONE NO: FAX NO: 612-578-1236 DESCRIPTION INCLUDED IN PRICE TOTAL • REMANUFACTURED ENGINE. INCLUDES BLOCK, X $12,550.00 CRANKSHAFT, CONNECTING RODS, PISTONS, CAMSHAFT, FRONT GEAR TRAIN, CYLINDER HEAD, VALVES, VALVE SPRINGS,VALVE KEEPERS, ROCKER ARM ASSEMBLY, GASKET KIT, FRONT AND REAR SEALS,AND REAR SEAL HOUSING.ANY DAMAGED PARTS NOT LISTED IN THIS ESTIMATE FOUND DOING THE REPAIR WOULD BE ADDITIONAL. 'i LABOR TO INSTALL REMANUFACTURED ENGINE. X $6,900.00 REPLACE RADIATOR. X $5,142.40 LEVEL 3: COOLANT SERVICE X $675.00 TRAVEL CHARGES X $848.40 • SERVICE AND ENVIRONMENTAL FEE X $1,371.08 • X • X •i X •i X GRAND TOTAL $27,486.88 COMMENTS: All work performed after normal operating hours will be charged an additional $45.00 per hour. II work performed on Sun. or Holidays will be charged an additonal $60.00 per hour.This is an estimate, if the charges are less it will be reflected on the invoice. ATTACHMENTS: Warranty Coverage On This Repair ESTIMATE BY Alan L Cyr Status ZIEGLER PHONE NO.: Estimate 952-887-4560 Expiration Date ZIEGLER INC. LOCATION 08/23/2017 Shakopee- Industrial Field Service *Estimates do not include sales tax or service supplies and environmental charges. Please call if you have any questions. Proposal by Date: December 11, 2017 ZIEGLER Proposal No. EPG277258rev3 Power Systems E3 8050 State Highway 101 Shakopee, MN 55379 952-887-4574 To: City of Golden Valley, MN Re: Caterpillar Standby Generator Attn: Mr. Joe Hansen "Hwy 55 & Boone Ave Lift Station" WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS,TERMS AND CONDITIONS TURNKEY INSTALLATION QUANTITY: One(1)new CATERPILLAR Standby Generator Set,mounted in outdoor insulated/sound Attenuated enclosure rated 72dBA @ 23 feet—Color—CAT White MODEL: DG60—Natural Gas RATING: 60kW standby power VOLTAGE: 277/480 volt, 3 phase, 60 HZ, 1800 RPM BREAKER: One(1)thermal magnetic circuit breaker, 100 amps,3 pole, 100%rated SWITCHGEAR: Existing WARRANTY: Two(2)years, 1000 hours INSTALLATION: Included by Taylor Electric Co. TOTAL INSTALLED PRICE: $ 40,083 .00* SERVICE BILL REFUND: Refund of service invoices (SW050284168 and SW050277548),applied to customer account TOTAL REFUND AMOUNT: +($3,885.93*) *Price includes all applicable taxes APPROXIMATE SHIPPING DATE:2-3 weeks after submittal approval F.O.B Jobsite on truck TERMS.Net 20 days—90%billed at delivery, 10%billed at start-up THIS PROPOSAL SUBJECT TO ALL PROVISIONS OF THE CONTRACT AND WARRANTY ONREVERSE SIDE ACCEPTED: Respectfully submitted, ZIEGLER INC. By: Loga.w C ,y e rovv Logan Cameron, Sales Engineer By Subject to approval by APPROVED: ZIEGLER INC. Its By BILL OF MATERIAL EPG2 77258rev3 -1 - ONE (1) EMERGENCY STANDBY GENERATOR SET,RATED AT 60KW STANDBY,3 PHASE, 60 Hz, 480 VOLT, 1800 RPM. ENGINE SPECIFICATIONS Meets EPA Regulations 5.7 Liter Electronic governor Oil filter, spin-on type Radiator cooling system, blower fan Water pump 12V. DC starting system Jacket water heater, 120 volt, 1000 watt Alternator, 30 ampere, 12 VDC Fuel system: Natural gas UL2200 Listed/NFPA110 Compliant STANDARD ENGINE SAFETY FEATURES Shutdowns with individual warning lamps Fail to start/over-crank High coolant temperature Low lube oil pressure Over-speed Over-voltage Emergency stop push button GENERATOR SPECIFICATIONS Class H insulation, rotor and stator, single bearing design Flexible coupling Brushless excitation—permanent magnetic generator(PMG) Generator anti-condensation heater Solid-state regulator, +/- 1. % regulation One(1) UL mainline thermal magnetic trip circuit breaker, 100 amps, 3 poles, 100%rated CONTROL PANEL EMCP 4.2 Series control panel features: Run/off/auto switch Remote signals/contacts from panel: Terminals for remote emergency stop Common fault alarm signal Start/Stop volt free control Panel lights Audible alarm Three(3) attempt start timer(adjustable) AC instrumentation for volts, amps, frequency Seven(7)position voltmeter phase selector switch Four(4)position ammeter phase selector switch Red lockdown stop pushbutton BILL OF MATERIAL EPG277258rev3 -2 - AUTOMATIC 2 -AUTOMATIC TRANSFER SWITCH None—use existing ANCILLARY EQUIPMENT Enclosure, outdoor insulated/sound attenuated enclosure rated 72dBA @ 23 feet Color, CAT White Battery charger, 10 ampere, static, generator mounted Battery, with battery rack and cables Battery blanket heater Exhaust silencer, shipped loose Exhaust-flex connector Exhaust rain cap PROJECT MANAGEMENT SERVICES Submittal drawings Dimensional drawings Electrical schematics Product specifications Prototype testing Production testing Technical assistance - coordinated through project manager Operation and maintenance manual Engine, generator Warranty, two (2) years, 1000 hours (alternate options available*) Training of owner's personnel at time of start-up TAYLOR ELECTRIC CO. INSTALLATION This bid is based on information provided from the City of Golden Valley and Logan Cameron with Ziegler Power Systems. Ziegler to provide a 60kW 277/480V self contained natural gas generator in outdoor weather protective enclosure with one(1) 100 amp 3 pole circuit breaker for feed into existing gear. Ship to site and coordinate with Taylor Electric Co. supplied crane for time and date of delivery to arrive at same time. A site walk-through was held and the listed electrical bid detail is Taylor Electric Co understanding of work to be done. All work to be performed during an 8 hour day Monday through Friday. A two week notice prior to the start of project is required for scheduling of labor. Final approval from the City of Golden Valley will be required. Included in scope of work: 1. Electrical permit provided by Taylor Electric Co 2. Taylor Electric to supply lift/crane and driver 3. Disconnect and remove existing natural gas generator set 4. Install and wire new natural gas generator provided by Ziegler Power Systems 5. Reconnection of natural gas by Taylor Electric Co, City of Golden Valley to confirm disconnect w/utility provider 6. Use existing concrete pad, no additional pad work included 7. Disposal of existing Olympian generator set to be handled by Ziegler Power Systems 8. Start-up services to be done by Ziegler Power Systems BILL OF MATERIAL EPG2 77258rev3 -3 - NOTES 3 -NOTES Ziegler limits the scope of supply for this quotation to the equipment and services listed. Equipment not listed is assumed to be provided by others. Ziegler cannot provide air emission permits for customers. We will provide emission information on the Caterpillar engine to the owner to aid in the permitting process. Orders are subject to re-stocking charges if cancelled after release for production. State and local permits for fire, air, fuel tanks or building permits are not included and provided by others Start-up labor is to be performed during normal business hours, Monday through Friday 7:30 am to 4:00 pm. Training is to be performed at the end of start-up. Additional trips or delays required or requested due to contractor delay and/or issues with equipment not provided from Ziegler Power Systems will be billed at published field service rates. Terms: • Extension of contract beyond term must be at the mutual agreement of the parties. • Ziegler Inc. shall not be liable for consequential damages or damages beyond our control. • This quotation is subject to availability at time of order • Orders are subject to re-stocking charges if cancelled after release for production. • Customer is responsible for adequate site conditions and security. • Customer is responsible for scheduled maintenance and fuel costs. • Customer must provide adequate insurance to cover equipment damage or loss. • Price(s)do not include state or local sales and/or use taxes. • Quotation is valid for 90 days. PROVISIONS OF THE CONTRACT AND WARRANTY The prices quoted are current and are subject to change to those in effect at the time of shipment. Caterpillar products are sold subject to the terms of the applicable Caterpillar warranty. Copies of the warranties applicable to this purchase are attached hereto, and the purchaser by signing this order acknowledges receipt of the Caterpillar warranties on Forms The Purchaser agrees to pay any and all taxes, assessments, licenses, and government charges of every kind and nature whatsoever upon said equipment which may be imposed or assessed against or resulting to the Seller on account of the possession or use of said equipment by Purchaser. All provisions hereof are contingent upon government restrictions, strikes, and accidents, delays of carrier and other delays unavoidable and beyond Seller's control. It is intended and understood that title and ownership of said equipment is and shall remain vested in the Seller,notwithstanding delivery or possession,until the entire price is paid in full. 4401 85TH AVE. NO., BROOKLYN PARK,MINNESOTA 55443-1937 PH. (763) 424-6551 • FAX : (763) 424-5225 PreinierELECTRICAL CORPORATION 10/30/17 Attn: Joe Hansen—City of Golden Valley RE: 700 Boone Ave N Storm Water Lift Station Generator Replacement(Turn-Key) • Premier Electrical Corporation is an Equal Employment Opportunity employer. • Professional experienced labor, all permits, and state & local taxes are all included. • Supply and install the following items and scope per site visit review: • Disconnect, removal, and haul away of existing genset. • Pull out old power conductors, shore power, and control wiring. • Pull in new conductors in existing conduits to accommodate new generator. • Set new Kohler 60KW(90A @ 480V)genset on existing pad and connect new wiring. • Connect new power and control wiring into existing transformer and ATS equipment. • Disconnect existing and re-connect natural gas piping into new genset. • Pricing includes delivery, haul away, crane, connections,testing and commissioning. • Scheduled completion of this project by end of January 2018. • Total Price: $37,000.00 Thank you for the opportunity to quote this project,please call with any questions. Jay Doberstein I Project Manager PrI emler ELECTRICAL CORPORATION I 100+ Years of Knowledge, Dedication & Service 4401 8511 Ave N I Brooklyn Park, MN 155443-1937 Cell: 612-751-5683 124/7 Service Line: 763-424-6551 www.premiercorp.net/contact-us Job Name: Golden Valley 60kW Replacement � EnvoyEnvoySYS�mS, ��� Offer:0917DS09 T Quote Number:0026372754 Version 1.0 09/08/2017 Page 1 Proven •v1der of Critical Power Solutlons To: City of Golden Valley From: Dan Slagle Attn: Joe Hansen Industrial Sales Total Energy Systems LLC 612-248-4709 dslagle(a)totalenerovsystems.com Generator Kohler Model: 60REZGB This gas generator set equipped with a 4P10X alternator operating at 277/480 volts is rated for 60 kW/75 kVA. Output amperage: 90. Qty Description 1 60REZGB Generator Set Includes the following: Literature Languages English Approvals and Listings UL2200 Listing/cUL Genset List Engine 60REZGB,Nat.Gas Fuel, Stdby Nameplate Rating Standby 130C Rise(25C Amb.) Voltage 60Hz, 277/480V, Wye, 3Ph, 4W Alternator 4P 10X Cooling System Unit Mounted Radiator, 50C Air Intake Standard Duty Controller DEC3000 Run Relay, DEC3000 2 Input/5 Output Module Manual Speed Adjust, Pre Alarms, NFPA-110 Enclosure Sound Attenuated, Steel Block Heater 1500W,110-120V Battery Charger—6Amp Load Center Circuit Breaker 100Amp, 100% Rated, Thermal Magnetic Auxiliary Contact, Qty. 1 Shunt Trip KOHLER.Power Systems Page 1 Job Name: Golden Valley 6OkW Replacement Offer:0917DS09 Total Energy Systems, 11C Quote Number:0026372754 Version 1.0 09/08/2017 Page 2 Additional Gas Solenoid Valve Coolant in Genset Rodent Guards Warranty Standard- 1 Year Testing, Additional Power Factor Test,0.8,3Ph Only Primary Fuel Regulator Pre-ship Testing Load Center 1 Flexible Fuel Line (Nat/LP) UL 1 Gaseous Fuel Filter 1 Lit Kit, Production, 60REZGB Also Included—Freight to Site, Start Up and Testing on Site Not Included: Unloading, Install or Fuel Piping. START-UP 1. Start-up, must be scheduled a minimum of 10- 14 days prior to requested start-up date. Contact the Service Department at 1.888.548.1400 ex 3301 or service(a)totalenerpysystems.com for date and time. SERVICE ITEMS INCLUDED WITH THIS QUOTE: Lubricating Oil Antifreeze-50/50 Mix Battery Start Up Service Load Bank Test at Site Training session will be provided at the conclusion of the system start up. 2. Contractor shall coordinate and schedule start-up and shall be responsible for ADDITIONAL field service costs if start-up cannot be completed in time allowed as a result of incomplete installation. * Normal business hours are M-F 8:OOAM to 4:30PM. After hours Start ups are available for an additional charge. Standard published rates apply. CLARIFICATIONS 1. Total Energy System's proposal is based on meeting the functional intent and system requirements of the job description. 2. No specifications or drawings were provided for the project prior to providing the above equipment. KOHLER.Power Systems Page 2 Job Name: Golden Valley 60kW Replacement Toll Energy SyMms� ILC Offer:0 63727 9 Quote Number:0026372754 Version 1.0 09/08/2017 Page 3 3. Unless specifically listed in our Bill of Material, equipment not indicated is assumed to be supplied by others. We reserve the right to correct any errors or omissions. 4. System coordination studies and/or relay setting studies are by others. Protective relay calibration and settings, NETA testing by others. OFFER TOTAL SELL PRICE: $19,268.00 Price does not include any applicable taxes or installation Lead Time:9—11 Weeks OFFER ACCEPTANCE I hereby authorize Total Energy Systems LLC to use this form as a bona fide purchase order of the equipment shown on Offer Number:0917DS09,which clearly establishes definite price and specifications of material ordered. The person signing is doing so according to the terms and conditions. Proposed by: Accepted by: Company: Total Energy Systems LLC Company: Print Name: Dan Slagle Print Name: Title: Industrial Sales Title: Signature: Signature: Date: Date: PO Number: KOHLER.Power Systems Page 3 Job Name: Golden Valley 60kW Replacement Toll �������� ��� Offer: 0917DS09 � FF Quote Number:0026372754 Version 1.0 09/08/2017 Page 4 TERMS&CONDITIONS PLEASE NOTE: A. Quotation is firm for 60 days B. Off-loading,installation,insulation,etc.of all associated equipment is not included, unless otherwise stated. C. NETA Testing, if required, is not included and will be completed by others. D. Fuel, fuel piping plans, installation and permitting of tanks or piping, if required, is not included. E. Quotation meets functional intent of specifications, either verbal or written, unless otherwise noted. F. State and/or local permits,where applicable, are not included and must be purchased by owner or installing contractor. G. Videotaping of training is not provided due to liability reasons. An approved operational DVD is available upon request and at an additional cost. TERMS AND CONDITIONS: TERMS: Payment is: 30%at submittal drawing approval, 60%when equipment is delivered/received to site and 10%at start-up acceptance of system. Unless alternative terms are agreed upon prior to acceptance. CREDIT CARD PAYMENTS: Credit card payments are subject to a processing fee of up to 3%. GENERAL: Stenographical and clerical errors are subject to correction. Orders resulting from quotations become contracts. Any agreement or other understanding, supplementing or modifying the conditions of the contract resulting from our acceptance of an order will not be mutually binding unless made in writing. LIABILITY: We accept orders under the condition that we are not to be liable for losses or delays caused by strikes, accidents, fires or any other cause beyond our control. Damage resulting from improper storage or handling prior to placing products in service will not be considered our liability. We will not assume any responsibility, expense or liability for repairs made without our written consent. We assume no contingent liability for losses sustained by any purchases through the use of any of the products described. RETURNED MATERIAL: No material may be returned without first obtaining written approval,and no claim will be allowed nor credit given for material returned without such written approval. It is your duty to inspect goods within ten days after receipt. SHIPMENT: Our responsibility ceases with the delivery of merchandise in good order to transportation companies. Claims for shortage or damage in transit must be made by the customer against the carrier. In the absence of definite shipping instructions,we reserve the right to ship all material, upon completion, by any public carrier,which in our opinion is satisfactory. TAXES: State and local sales and use taxes and excise taxes,where applicable, are in addition to quoted prices and will be billed unless the purchaser promptly certifies that the goods are for resale or are otherwise exempt. GUARANTEE:As outlined by appropriate manufacturer. STORAGE: Storage can be provvided afer production completion at$200 per month;terms still apply. CANCELLATION: All orders cancelled after submittal approval are subject to cancellation charges of 50%submitted by factory to Total Energy Systems. KOHLER.Power Systems Page 4 Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. E. 2. Approve Purchase of Galaxy HRE Modules for the Water Meter Reading System Upgrade Prepared By Tim Kieffer, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary Staff is in the process of upgrading the water meter reading system to the new Galaxy Fixed Base Meter Reading System. The radio transmitter module upgrade is an integral part of the meter reading system. Wireless Galaxy transmitter modules will be installed on every water meter throughout the City of Golden Valley. Purchase and installation of the Galaxy radio module is required to read the water meters in the fixed base meter reading system. The purchase of the transmitter modules is funded by the Water and Sanitary Sewer Enterprise Account (W&SS-063) as listed in the 2018-2022 Capital Improvement Program for the amount of $600,000. Quotes were received from Metering and Technology Solutions and National Meter and Automation, Inc. The price quotes per Galaxy HRE Module and total cost for the purchase of 468 units are listed below. Staff will take additional quotes throughout the year once stock has been depleted. Vendor Price per Unit Units Total Cost Metering and Technology Solutions $212 468 $ 99,216 National Meter & Automation, Inc. $265 468 $124,020 Recommended Action Motion to approve purchase of 468 Galaxy HRE Modules from Metering and Technology Solutions in the amount of $99,216. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. E. 3. Approve Purchase of Fire Pumper Truck Prepared By Tim Kieffer, Public Works Maintenance Manager John Crelly, Fire Chief Marshall Beugen, Streets and Vehicle Maintenance Supervisor Summary The 2018-2022 Capital Improvement Program (CIP) includes $600,000 for the purchase of a Fire Pumper Truck (V&E-151). The Fire Pumper Truck, unit 337, meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the category of “needs immediate consideration.” The 1996 pumper truck due for replacement scored 48 points. The replacement purchase will be made under the Houston-Galveston Area Contract (HGAC). The HGAC has awarded the following contract: Contract No. Item Vendor Amount FS12-17 2018 Pierce Velocity Top Mount Enclosed Pumper Truck MacQueen Emergency Group $622,435 Performance Bond $1,681 Chassis Prepayment Discount $(10,083) Full Prepayment Interest Discount $(15,460) REMITTANCE TO VENDOR The price of the pumper truck will increase 3% equaling $18,673.05 if purchased after February 1, 2018. Staff is currently waiting for a trade in offer from MacQueen Emergency Group. Once received, staff will recommend to Council to either trade in Unit 337 or bring it to auction. Recommended Action Motion to approve purchase of one 2018 Pierce Velocity Top Mount Enclosed Pumper Truck from MacQueen Emergency Group in the amount of $598,573. Motion to authorize payment to MacQueen Emergency Group in the amount of $598,573 after receiving executed performance bond. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. E. 4. Authorize purchase and installation of Ballfield Lighting for fields #1 & #3 at Isaacson Park Prepared By Rick Birno, Director of Parks and Recreation Summary The City, in cooperation with Golden Valley Little League Baseball Association (GVLL), applied for and was awarded $150,000 grant from the Hennepin County Youth Sports Program for the addition of ballfield lights at Isaacson Park fields #1 and #3. Staff is recommending purchasing the Musco LED Field Light System with fixtures installed on a total of eight poles for both fields. The 2018-2022 Capital Improvement Program (P-014) includes $250,000 for field lighting. The new system will provide safe and energy efficient lighting for the fields for practices and games at the lighting levels recommended by the National Little League Baseball Association. The recommended light-structures consist of a pre-stressed concrete base, galvanized steel pole, remote electrical component enclosure at a 10' height on the pole, pole wire harness and pole top luminaire assembly with LED light fixtures. The lighting system also includes a Control-Link wireless control system, contactor cabinet, diagnostics, remote operation and scheduling, and a 25 year warranty (parts, labor, and lamps). Funding Plan • Golden Valley Little League $15,000 • City of Golden Valley $85,000 • Hennepin County Youth Sports Grant $150,000 Total $250,000 The Musco lighting system, delivery and structural installation for the project will be purchased using the National Joint Powers Alliance (NJPA) Contract #082114-MSL for a total expense of $213,721. Project Expense Detail • Musco Sports Lighting, LLC $169,986 (Equipment) • Sports Technology Inc. $43,735 (Installation) Total $213,721 Recommended Action Motion to authorize purchase the Musco LED field Lighting System for $169,986 through the NJPA contract #082114-MSL for ballfields #1 and #3 at Isaacson Park. Motion to authorize Sports Technology Inc. in the amount of $43,735 for installation of the lighting. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. F. Cooperative Agreement with the City of Bloomington Regarding 2018 National Football League Super Bowl Prepared By Jason Sturgis, Police Chief Summary The City of Bloomington has requested Golden Valley as well as surrounding cities to help assist in public safety security related to the 2018 National Football League Super Bowl. The attached agreement outlines the duties and reimbursement during the time from Friday, January 26, 2018, through Monday, February 5, 2018. Staff recommends the approval of this mutual aid agreement with the City of Bloomington. Attachments • Cooperative Agreement with the City of Bloomington Regarding Public Safety Security Related to the 2018 National Football League Super Bowl (18 pages) Recommended Action Motion to approve the Cooperative Agreement with the City of Bloomington regarding Public Safety Security related to the 2018 National Football League Super Bowl. 1 INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY IN BLOOMINGTON, MINNESOTA, RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY IN BLOOMINGTON, MINNESOTA, RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL (hereinafter referred to as the “Agreement”), is made effective, except as otherwise made operationally effective as set forth in Section 5 herein, on this 16th day of January, 2018, by and between the CITY OF BLOOMINGTON, a home rule charter city and a Minnesota municipal corporation (“City”) acting through its Police Department (“BPD”) and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation acting through its Police Department (“Provider”). City, BPD, and each Provider may be referred to individually as a “Party” or collectively as the “Parties” to this Agreement. WHEREAS, the City is the location of several events occurring before, during, and after the 2018 National Football League Super Bowl from Friday, January 26, 2018, through Monday, February 5, 2018 (“Event”); and WHEREAS, a Unified Command structure (as that term is defined in Section 2.4) is needed to ensure the level of security coordination required for the Event; and WHEREAS, the BPD will be the lead law enforcement agency for the Event in the City of Bloomington. When BPD is the lead law enforcement agency its duties will include making staff assignments and to administer and manage the Unified Command; and WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the Event by entering into this Agreement with the “Provider”; and WHEREAS, the City is in need of procuring additional extra duty and contract overtime law enforcement personnel to provide the public safety measures required for such a large and unique Event; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the BPD with public safety services during the Event. NOW, THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59 (“Joint Exercise of Powers”) or Minnesota Statutes Sections 626.76 and 626.77, or both or all, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 2 1. PURPOSE OF THE AGREEMENT 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A attached hereto to assist the BPD through the use of a unified command center (as defined in Section 2.4) to provide law enforcement and security services (“Services”) during the term of the Event. 1.2 Provider will exercise its best efforts to assist with Event security. The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Event. That prioritization decision belongs solely to Provider. The Provider may, at any time, recall the Provider’s resources when, it is considered to be in Provider’s best interest to do so. 1.3 Provider’s resources shall be full-time, Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12. 2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: 2.1.1. That each Licensed Peace Officer shall by reason of experience, training, and physical fitness be deemed by the Provider of being capable of performing public safety and law enforcement duties for the Event; and 2.1.2 That each Licensed Peace Officer meets the Police Officer Standards and Training (POST) requirements and other standards required by the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the BPD in the event that any licensed peace officer is no longer satisfies the POST or other standards established by the Provider; and 2.1.3 That unless otherwise provided or requested by the BPD, each Licensed Peace Officer shall be equipped or supplied, or both, by Provider at Provider’s own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon, and personal soft ballistic body armor, and traffic vest. 2.2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept or use, or both, any of Provider’s Licensed Peace Officers or other law enforcement resources without cause or explanation. 3 2.3 The Provider agrees as follows: 2.3.1 As requested by BPD, Provider shall list information on each of Provider’s Licensed Peace Officers no later than thirty (30) days before the Event that includes, but is not limited to, name, rank, agency, badge number, photo, cell phone number, and emergency contact information. Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”); and 2.3.2. That upon reasonable advance written notification from the BPD, each of Provider’s Licensed Peace Officers or other law enforcement resources so designated by the BPD shall participate in orientation training activities related to Event security, that are coordinated or conducted by the BPD or its designee; and 2.3.3. That each Licensed Peace Officer shall be assigned by the BPD, as determined and required by the BPD, to any Event-related assignment based on the Licensed Peace Officer’s skill-set and known duty assignment as well as the needs of the operation; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general security inside or outside venues, and traffic control; and 2.3.4. That Licensed Peace Officers participating in the Event may, if so determined by the BPD, be placed in an “On Assignment” status by BPD in which the Licensed Peace Officer should be physically proximate to the Event location, so as to be able to physically report in a timely manner to such duty post assigned by the BPD and prepared to undertake the specific job task or responsibility assigned by the BPD; and 2.3.5. That at the request of the BPD, Provider will designate personnel that participated in or provided Event security to further participate in and/or provide information to and otherwise cooperate with the BPD in an y “after action activities” following the conclusion of a training session or actual Event security. “After action activities” may include, but not be limited to post training session meetings and revisions of training protocols and post Event security meetings, evaluations, mediation or court proceedings. 2.4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider’s Licensed Peace Officers or other law enforcement resources and employees, regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community (herein referred to as “Unified Command”). 2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City 4 deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.6 Event staffing levels will be determined by the BPD as the lead law enforcement agency and fiscal agent. 2.7 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes Sections 590.10 and 626.04. Provider must preserve all handwritten notes, photographs, incident reports, video recordings, statements, audio recordings, personal notes, interview audio, text messages, cell phone videos, removable electronic media, squad car videos, any other video recordings, emails, voice mails, computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8.1 of this Agreement. 2.8 The BPD will maintain a list of Licensed Peace Officers assigned to the Event. Provider will be responsible for providing accurate lists of its Licensed Peace Officers that will be assignable to the Event as a result of signing this Agreement. 3 CITY RESPONSIBILITIES 3.1 The City will be solely responsible for all communications with the Minnesota Host Committee, which that is coordinating the official National Football League activities occurring in Minneapolis, St Paul, and Bloomington (“Host Committee”) within the same general time period as the Event covered by this Agreement. However, this Agreement only applies to the Event locations listed in Exhibit A. 3.2 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security. The substance of the training, if necessary; including the locations, dates, and times, shall be detailed in a separate writing provided from the BPD to the Provider. 3.3 The person responsible on behalf of the BPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the Provider’s law enforcement resources, shall be BPD Deputy Chief of Police Mike Hartley (hereinafter referred to as the “Coordinator”). Except as otherwise provided in this Agreement, all contacts or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator’s designee. 3.4 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command. 3.5 The City will provide to Provider, the “claims procedure” as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 5 4. COMPENSATION AND PAYMENT PROCESS 4.1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided to BPD by private entities requesting public safety and security at their facilities during the Event. 4.2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as indicated in attached Exhibit B. All of a Provider’s Licensed Peace Officers and other law enforcement resources that (a) perform law enforcement services within the Provider’s jurisdiction; and (b) are subject only to the Provider’s authority and are therefore not under the Unified Command, are not eligible to have Provider’s costs reimbursed pursuant to this Agreement. 4.3 The BPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a checklist for the preparation and submission of the reimbursement request. 4.4 Provider may submit any questions regarding the cost reimbursement process to Sue LeGrand or her designee at: slegrand@bloomingtonmn.gov. 4.5 For any disputed amounts, the Provider shall provide the BPD with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the Reimbursement Summary Report. The BPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. 5. TERM OF AGREEMENT This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event-related activity and shall expire on March 1, 2018, or the date to which law enforcement resources or Services are extended, whichever is later, unless terminated earlier in accordance with the provisions in Section 6. Except for the provision of orientation training as discussed and to be scheduled pursuant to Section 3.2 of this Agreement, Services furnished by the Provider for the Event shall begin on January 26, 2018, and shall terminate on February 5, 2018, unless terminated sooner or extended in whole or in part as provided herein. 6. TERMINATION 6.1 Termination by the City. The City may terminate this Agreement upon providing to the Provider fifteen (15) days advance written notice for any of the reasons stated below: 6.1.1 Cancellation of Super Bowl LII; or 6.1.2 Failure by the Provider to perform any material term under this Agreement and failure to cure the default within the time requested by the City; or 6.1.2 Without cause prior to the initial orientation training session. 6 6.2 Termination by the Provider. The Provider may terminate this Agreement upon providing to the City not less than thirty (30) days advance written notice for any of the reasons stated below: 6.2.1 Cancellation of Super Bowl LII; or 6.2.2 Without cause prior to the initial orientation training session. 6.3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination. 7. AGREEMENT MANAGEMENT 7.1 The Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) Steve Johnson Commander 8. WORK PRODUCT, RECORDS, DISSEMINATION OF INFORMATION 8.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. “Work Product” shall mean any report, including incident reports, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to BPD or results from Provider's Services under this Agreement. “Supporting Documentation” shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and Work Product generated under this Agreement. “Business Records” shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to BPD or Provider and pertain to work performed under this Agreement. 8.2 Subject to applicable law, including but not limited to the Minnesota Official Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider's Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 7 8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i.e. Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal or state law, or both, neither the City nor the Provider shall release, transmit, disclose or disseminate any Work Product, Supporting Documentation, or Business Records, which shall be classified as “security information”, “security service” or “security service data”, defined under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined or required, or both, in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.4 In the event of termination, all Work Product, Supporting Documentation, and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date. 8.5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes Sections 13.05, subds. 6 and 11; 13.37, Subd. 1(a) and 1(b), 138.17, and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 9.1 Insurance Coverage for Event. Subject to the limitations below, the City agrees to defend and indemnify the Provider against any claims brought, or actions filed, against the Provider, or any Licensed Police Officer of the Provider for the injury to, death of, or damage to the property of any third person(s) arising out of the performance and provide of assistance to the City pursuant this Agreement. 9.1.1 Provider understands and agrees that the City’s municipal liability policy issued through the League of Minnesota Cities Insurance Trust (“LMCIT Policy”) will be the primary policy as it relates to defense and indemnification of claims and lawsuits arising out of the Provider’s actions, and Provider agrees to cooperate with the City and the League of Minnesota Cities Insurance Trust in all claims and suits arising out of this Agreement. 8 9.1.2 Provider understands and agrees that the City will not defend or indemnify Provider, its officers or employees, for any claims or lawsuits that do not take place during the term of the Agreement; or any claim or lawsuit that would be considered as a result of a “covered event” as defined by the law enforcement liability policy purchased through the Host Committee and administered by the City of Minneapolis for specific Super Bowl related events authorized by the National Football League. 9.1.3 Provider agrees to be bound by the terms and conditions contained in the LMCIT Policy. 9.1.4 Provider agrees that it will cooperate with the League of Minnesota Cities Insurance Trust and with the City by reasonably and timely responding to the League of Minnesota Cities Insurance Trust’s request(s) for information or to appear at meetings or judicially mandated hearings. 9.2 Liability Coverage as Sole Source for Liability and Indemnity. Provider hereto agrees that it will only seek recovery for any liability incurred in carrying out the terms of this Agreement from the LMCIT policy set out in Section 9.1 of this Agreement. 9.2.1 If Provider’s liability is not subject to recovery through the LMCIT Policy, then the Provider agrees that it will otherwise be responsible for its own acts or omissions, or both, and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside of the jurisdiction or geographic limits of the City of Bloomington. 9.2.2 In the unlikely event that the aggregate amount of any one or all claims arising from one occurrence exceeds $2 million, then each Party agrees that it will otherwise be responsible for its own acts or omissions, or both, and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside the of the jurisdiction or geographic limits of the City of Bloomington. 9.3 Further Limitation On Provider Liability. It is understood and agreed that the liability of a Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and by other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, its respective officials and employees, may have under said Chapter 466, Section 471.59 subd. 1a, and any common-law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement. 9.4 Provider Workers’ Compensation Insurance Required. Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or self- 9 insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents. 9.5 Provider Responsible for Own Equipment. Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment. Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to, or loss of its equipment. 9.6 Provider Rendering First Aid. Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance, expenses or aid is covered under this Agreement. 9.7 Except for the foregoing, the Parties intend that this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties. 10. INDEPENDENT CONTRACTORS Provider in its relationship with the City under this Agreement is an independent contractor. No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City. The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider. 11. SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement. 12. ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the performance of the Services. If good faith negotiations fail to resolve a dispute, then the Parties will use mediation services to attempt to resolve the dispute. The City and Provider will equally share the expense of the mediator. The Parties will select a mediator by each submitting three names in rank order of preference to the other Party. If there is no common name on each Party’s list, then a neutral, third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties, then the Parties may exercise their legal or equitable rights. 10 14. AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes Section 16C.05, both the City’s and the Provider’s books, records, documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours, for the purpose of auditing, examining or making excerpts or transcripts of relevant data. 15. AMENDMENT OR CHANGES TO AGREEMENT 15.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto; after all appropriate and necessary authority has been acquired by each such Party. 15.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term “Agreement” as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 16. NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States First Class Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: City: Jeff Potts, Chief of Police, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431, jpotts@bloomingtonmn.gov; or Provider: Steve Johnson, Commander, City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427, sjohnson@goldenvalleymn.gov; or such other contact information as either party may provide to the other by notice given in accordance with this provision. Nothing in this Section 16 shall prohibit a Party from contemporaneously providing the communication by electronic mail when such occurs at the same time as depositing in United States Mail. 17. CHOICE OF LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 11 18. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The matters set forth in the “WHEREAS” clauses at the beginning of this Agreement are true and correct and by this reference incorporated into and made a part of this Agreement. 19. AGREEMENT NOT EXCLUSIVE The City retains the right to contract with other public safety and security providers for other matters or for the Event, in the City’s sole discretion. 20. NO DISCRIMINATION Provider agrees not to discriminate in providing the Services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Provider agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Provider or its Licensed Police Officer(s). 21. PUBLICITY The Parties shall develop language to use when discussing this Agreement. Provider agrees that any publicity regarding the Services or the subject matter of this Agreement must not be released unless it complies with the approved language. 22. WAIVER Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 23. SEVERABILITY In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect and will be construed and enforced as if such invalid or unenforceable provision had not been included. 12 24. INTERCHANGE OF GOVERNMENT EMPLOYEES The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes Sections 15.51 through 15.57. 25. COMPLIANCE WITH LAWS The Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non- discrimination and affirmative action laws and policies. REMAINDER OF THIS PAGE IS BLANK 13 IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement the day and year first above written. CITY OF GOLDEN VALLEY CITY OF BLOOMINGTON By: ___________________________ By: _____________________________ Its: Mayor, Shepard M. Harris Its: City Manager, James D. Verbrugge Date: _________________________ Date: ___________________________ By: ______________________________ By:______________________________ Its: City Manager, Timothy J. Cruikshank Its: Police Chief, Jeffrey D. Potts Date: _________________________ Date: _________________________ Reviewed and Approved By: By:______________________________ By:______________________________ Its: Its: City Attorney Date: _________________________ 14 EXHIBIT A EVENT LOCATIONS The City of Golden Valley will provide Services at locations as needed and directed by the City of Bloomington. 15 EXHIBIT B EVENT REIMBURSEMENT GUIDELINES Reimbursement Period: Friday, January 26, 2018, through Monday, February 5, 2018. 1. Bloomington Police Department (“BPD”) will serve as fiscal agent for purposes of this Agreement. 2. Reimbursement will be for hours worked in direct support of the BPD. 3. Reimbursement will occur only for hours worked consistent with official operational plans approved by BPD. 4. There will be no reimbursement for non-personnel costs, backfill, pre-Event training, equipment, and other expenses including but not limited to travel costs, fuel, mileage, per diem, etc. 5. Reimbursement will occur only for state, county, and local law enforcement personnel participating in Event security details. 6. To the extent possible, law enforcement personnel will be notified of their daily and hourly schedule 15 to 30 days prior to the Reimbursement Period. There will be no reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an event detail. 7. No officer will be assigned to a shift that begins in less than 96 hours without the Provider’s prior approval. 8. Providers and personnel assigned to the event must adhere to all BPD requirements in order to be eligible for reimbursement. 9. If certain Event Services are cancelled within 24 hours of when the law enforcement officer’s shift is scheduled to begin, then that Licensed Police Officer will be compensated for 3 hours of time. If certain Event Services are cancelled more than 24 hours of when the law enforcement officer’s shift is scheduled to begin, then that Licensed Police Officer will not be compensated. 10. For reimbursement purposes, a law enforcement officer’s shift begins and ends when he/she checks in/out on site. 11. Provider must submit to the City an Officer Pay Rate Information Form in the format set out in Exhibit D (“Form”), attached and incorporated hereto, that lists the 2018 regular (100%) pay rates with associated badge numbers for all Licensed Police Officers providing Services pursuant to this Agreement. Provider must submit the Form to Sue LeGrand at slegrand@bloomingtonmn.gov on or before January 15, 2018. 12. Reimbursement will be paid at time and a half of the Licensed Police Officer’s pay rate as stated on the Form, plus a 17.65% fringe for PERA and Medicare related costs. These rates are all-inclusive and will not be adjusted. 13. On or before February 9, 2018 (covering pay period 1/26/18-1/28/18) and on or before February 23, 2018 (covering pay period 1/29/18-2/5/18), the City will provide a Reimbursement Summary Report (“Report”) to the Provider reflecting the dates and hours of service performed by Provider’s Licensed Police Officers. 16 a. Within five (5) days of receipt of the Report from the City, Provider shall review the Report for accuracy and indicate to the City which hours were straight time and which hours were overtime, then return the completed Report to Sue LeGrand at slegrand@bloomingtonmn.gov. b. Provider will submit an invoice along with a copy of the Report to BPD. Thereafter, BPD will review the documentation and work with Provider to address any discrepancies. c. BPD will issue reimbursement to Provider consistent with this Agreement within forty-five (45) days of receipt of the Provider’s invoice, Report copy, and documentation. 14. Any variation from the above guidelines must be approved by the Bloomington Police Department. 17 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS All claims will be submitted to the City on its standardized “Claim Form” found on its website (https://www.bloomingtonmn.gov/sites/default/files/claimform.pdf ). Once received and recorded by the City, the City will forward the Claim Form on to the League of Minnesota Cities Insurance Trust (“LMCIT”) for investigation and determination of liability. Acceptance or denial of a claim may be appealed through the City’s Risk and Litigation Manager. Her contact information is alarson@bloomingtonmn.gov or 952-563-4932. 18 EXHIBIT D OFFICER PAY RATE INFORMATION FORM Provider (Agency): Golden Valley Police Department Contact Name: Steve Johnson Phone #: 763-512-2502 Email: sjohnson@goldenvalleymn.gov Badge # Officer Name Regular Hourly Rate 518 Kyle Toavs $41.99 513 Matthew Boelter $39.68 524 Jerad Zachman $32.05 523 Lance Evans $41.99 527 Daniel Feldman $40.45 516 Meghan Strauss $27.58 511 Randy Mahlen $47.54 508 David Born $48.99 Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. G. Approve Transfer of Remnant City Parcel to 1320 Fairlawn Way Prepared By Marc Nevinski, Physical Development Director Eric Eckman, Development and Asset Coordinator Summary The owner of the property located at 1320 Fairlawn Way has requested that the City transfer a remnant parcel that was recently deeded to the City by MnDOT as part of the Highway 394 turnback. A turnback is the process by which MnDOT releases frontage roads and conveys unneeded property it acquired for highway purposes to the City. The remnant parcel (part of Lot 2, Block 2 of Kennedy’s South Tyrol Hills) is approximately 6,000 square feet and is located at the intersection of Fairlawn Way and Wayzata Boulevard. See attached map for reference. 1320 Fairlawn Way is the only privately owned property abutting the remnant parcel. The owner of 1320 Fairlawn Way is currently maintaining portions of the remnant parcel, which contains turf and trees. The City has an inventory of remnant parcels like this one and staff has completed a preliminary assessment to determine which parcels should be kept as open space, and which have the potential to be developed or transferred to abutting owners. Based on this assessment, the remnant parcel next to 1320 Fairlawn Way is a candidate for transfer. The City’s development team discussed the owner’s request and determined that transferring the remnant parcel to the abutting owner would be a benefit to the City and other taxing authorities as it would reduce the City’s maintenance obligation and cost and would place the property back on the tax rolls. The development team recommended that the abutting owner combine the two parcels into one parcel (formally plat the property) as a condition of the transfer, which may allow for expanded use of the property in the future. Based on preliminary estimates from the County appraiser in late 2017, the land value of the property at 1320 Fairlawn Way would increase by about $10,000 to $15,000 if combined with the remnant parcel. The City’s cost to prepare the remnant parcel for transfer is approximately $9,000. This includes surveying, legal and recording fees, and title work. The owner’s cost to plat the property is approximately $3,000 plus the time and expense to bring an application through the City’s subdivision process. The total cost is estimated at $12,000 to complete the entire process. Staff worked with the City Attorney to execute a deposit agreement for professional services between the City and the owner of 1320 Fairlawn Way. The owner deposited funds with the City to pay for both the City’s and owner’s costs as a guarantee that the property will be platted in a timely manner. Staff recommends that the City Council approve the resolution to transfer the remnant parcel to the abutting owner located at 1320 Fairlawn Way. Attachments • Location Map (1 page) • Deposit Agreement for Professional Services (5 pages) • Resolution to Transfer Remnant City Parcel to 1320 Fairlawn Way (3 pages) Recommended Action Motion to adopt Resolution to Transfer Remnant City Parcel to 1320 Fairlawn Way. Location Map DEPOSIT AGREEMENT FOR PROFESSIONAL SERVICES This Deposit Agreement for Professional Services ("Agreement") is made and entered into effective as of Qc"Irltacr r-7 ,2017, by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"), and Mitchel S. Nelson and Sydney E. Nelson, husband and wife(collectively,the"Owner"). WHEREAS, Owner owns the parcel of real property located at the address commonly known as 1320 Fairlawn Way in the City of Golden Valley, Hennepin County, Minnesota, legally described as follows: Lot 3,Block 2,Kennedy's South Tyrol Hills,Hennepin County,Minnesota. WHEREAS, the City owns a parcel of real property (the "Remnant Parcel") formerly owned by the Minnesota Department of Transportation, title to which was recently transferred back to the City,and which is generally described as follows: Part of Parcel 25 C.S. 2789(394=10)906(portion of former Lot 2,Block 2,Kennedy's South Tyrol Hills excluding the public right-of-way of Wayzata Boulevard)as described in Quitclaim Deed Documents A10388521 and T05404766, and generally depicted in Exhibit A of this Agreement. WHEREAS, Remnant Parcel will need to be legally described and surveyed as part of the services performed under this Agreement. WHEREAS, Owner desires to acquire and the City desires to transfer the Remnant Parcel to Owner, in consideration of Owner's payment of One Dollar($1.00)to the City, WHEREAS, upon completion of the Transfer, Owner shall make an application (the "Application") to the City to combine the Remnant Parcel with Owner's existing property to create a single lot pursuant to the City's Subdivision Ordinance; WHEREAS, in order for the City to conduct an adequate due diligence review, prepare the Remnant Parcel for the Transfer, and properly document the Transfer, and review and process the Application, the City requires that Owner deposit funds with the City to cover costs for professional services incurred by the City in connection with the City's preparation of the Remnant Parcel and documentation of the Transfer; and WHEREAS, the Owner desires to make such a deposit with the City and the parties desire to establish the terms and conditions regarding such deposit. NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual terms and conditions contained herein,the parties hereby agree as follows: 1. Initial Deposit. The Owner hereby deposits with the City the sum of Twelve Thousand and No/100 Dollars ($12,000.00) ("Deposit") to be used in the manner set forth in this Agreement. The City shall treat the Deposit as a separate account on its books and all interest earned on the Deposit,if any, shall accrue to the City except to the extent required by law. 2. Reimbursement. The Owner aiVees to reimburse the City for any and all out-of-pocket legal, engineering, environmental, surveying, and any other professional service fees, costs or expenses incurred by the City in connection with Transfer, the Application, and the preparation, development and negotiation of any documents, instruments, reports, or agreements in connection therewith (collectively, "Casts"). When the City is invoiced for any Costs, the City shall deduct the invoiced amount from the Deposit for the payment of such invoice and provide Owner with a reasonably detailed itemization therefor. 3. Additional Deposits. Each time the amount of the Deposit is reduced to One Thousand and No/100 Dollars ($1,000.00) or less as a result of Section 2 above and the City anticipates incurring significant additional Costs, the City shall give the Owner written notice and the Owner shall within seven (7) days thereafter deposit an additional Two Thousand and No/100 Dollars ($2,000.00), or more if an agreed upon cost estimate is obtained, with the City(each an "Additional Deposit"). Upon receipt by the City,each Additional Deposit shall be deemed part of the Deposit for purposes of this Agreement. 4. Release of the Deposit. After(i)payment to the City by Owner of all amounts payable to the City under this Agreement, (ii)the 'City's application of such amounts to pay all outstanding Costs, and(iii)the City's execution of a deed and any other documents necessary effectuate the Transfer, the City shall refund to the Owner, without interest, the amount of the Deposit then remaining. S. Notice. All notices and other communication hereunder shall be in writing and shall be either personally delivered or sent by United States mail, or email with the original to follow by mail,as follows: To City. City of Golden Valley Attention:Physical Development Department 7800 Golden Valley Road Golden Valley,Minnesota 55427 Email: eeckman@goldenvalleymn.gov To Owner: Mitchel S.Nelson; Sydney E.Nelson 1320 Fairlawn Way Golden Valley,Minnesota 55416 Notice shall be deemed to have been given when delivered personally or when deposited in the United States mail. 2 6. Miscellaneous. This Agreement constitutes the entire agreement between the parties on the subject matter hereof, superseding any prior oral or written agreements. This Agreement can be modified only by a written amendment signed by both parties. This Agreement shall be interpreted in accordance with Minnesota law. This Agreement'is binding upon, and shall inure to the benefit of, the successors and assigns of the parties. This Agreement may be signed in counterparts, and an electronic copy shall be considered an original for all purposes. fawner may not assign this Agreement without the written permission of the City. The unenforceability or invalidity of any provisions of this Agreement shall not render any other provision or provisions of this Agreement unenforceable or invalid. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any person or entity who is not a party to this Agreement. [SIGNATURE PAGE(S)ATTACHED] 3 Exhibit A i24`g;T.) Tom' r' `r • gyp, 37 GK 24 .,3rF 27 ' DECD r� P. TO0. 1325 cwn 4 �D W133..5 K [DECKF I-S--F 4 IN WITNESS WHEREOF, the parties have caused the execution of this Agreement as of the day and year first above written. CITY CITY OF GOLDEN VALLEY By: 4( T' y J. Cruikshank,City Manager OWNER By: &; -;,-~`— Mitchel S.Nelson By:�� Sydney .Nelson 5 Resolution 18-06 January 16, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER REMNANT CITY PARCEL TO 1320 FAIRLAWN WAY WHEREAS, the City owns a parcel of real property (“Remnant Parcel”) formerly owned by the Minnesota Department of Transportation, title to which was recently transferred back to the City, and which is generally described as follows: Part of Parcel 25 C.S. 2789 (394=10) 906 (portion of former Lot 2, Block 2, Kennedy’s South Tyrol Hills excluding the public right-of-way of Wayzata Boulevard) as described in Quitclaim Deed Documents A10388521 and T05404766, and generally depicted in Exhibit A. WHEREAS, the City Council of the City of Golden Valley has determined that the Remnant Parcel is no longer needed for a public purpose and is not large enough to be developed as a separate lot; and WHEREAS, the Owner of the parcel of real property located at the address commonly known as 1320 Fairlawn Way in the City of Golden Valley, Hennepin County, Minnesota, legally described as Lot 3, Block 2, Kennedy’s South Tyrol Hills, Hennepin County, Minnesota, (“Owner”) desires to acquire the Remnant Parcel from the City; and WHEREAS, The City desires to transfer the Remnant Parcel to the Owner in consideration of Owner’s payment of One Dollar ($1.00) to the City; and WHEREAS, upon completion of the transfer, Owner shall make an application (the “Application”) to the City to combine the Remnant Parcel with Owner’s existing property to create a single lot pursuant to the City’s Subdivision Ordinance; and WHEREAS, in order for the City to conduct an adequate due diligence review, prepare the Remnant Parcel for the transfer, properly document the transfer, and review and process the Application, the City requires that the Owner deposit funds with the City to cover costs for professional services incurred by the City in connection with the City’s preparation of the Remnant Parcel and documentation of the transfer; and WHEREAS, the Owner deposited funds with the City and entered into a deposit agreement for professional services with the City on December 27, 2017 to facilitate the transfer and platting of property; and WHEREAS, the City has evaluated its interest and use of the property; and WHEREAS, the Council has determined that the transfer of property will benefit the public interest because the transfer is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. Resolution No. 18-06 -2- January 16, 2018 NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that the remnant parcel be transferred to the owner of 1320 Fairlawn Way for the sum of one dollar according to the conditions contained herein and in the executed deposit agreement for professional services. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, 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 his signature attested by the City Clerk. Resolution No. 18-06 -3- January 16, 2018 EXHIBIT A Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. H. Authorize State of Minnesota Agency Agreement for Federal Participation in Construction Prepared By Jeff Oliver PE, City Engineer Summary The City is required to enter into an agreement with the Minnesota Department of Transportation (MnDOT) which allows MnDOT to act as the City’s agent in accepting federal transportation funds. The agreement has been updated by MnDOT to address federal requirements and has been submitted to the City for consideration and approval. The new agreement supersedes previous agreements addressing delegated contract process agreements approved by the City in 2003 and 2011. Attachments • Letter from MnDOT to City Engineer dated December 1, 2017 (1 page) • State of Minnesota Agency Agreement for Federal Participation in Construction (13 pages) • Resolution authorizing Agency agreement with Minnesota Department of Transportation to act as the City of Golden Valley’s Agent for Federal Aid Funds related to Transportation (1 page) Recommended Action Motion to adopt Resolution to approve State of Minnesota Agency Agreement for Federal Participation in Construction. Minnesota Department of Transportation M DEPARTMENT OF State Aid for local Transportation TRANSPORTATION 395 John Ireland Boulevard, MS 500 Saint Paul, MN 55155 December 1, 2017 LDEC Jeff Oliver 20177800 Golden Valley Rd Golden Valley, MN, 55427 SUBJECT: Agency Delegated Contracting Process Agreement Agency Agreement No. 1029951 Dear Mr. Oliver: Attached are two copies of the agency agreement between the City of Golden Valley and MnDOT,which allows for MnDOT to act as the City's agent in accepting federal aid. This agreement is intended to cover all federally funded projects that the City is awarded funds for until revisions are needed to the agreement. It supersedes the agreement executed in or about 2003, which is referenced in this agreement. While I do not anticipate that the requirements in Section 18.4 will apply to you,the language required by federal law and must be included in all federally funded project agreements as of October 1, 2010. Please review the agreement and if approved, have all two copies signed. A resolution similar to the attached example, must be passed.The certified resolution should then be placed as the last page in each of the two copies of the agreement. Please verify that the person/title authorized to sign as stated in the resolution, corresponds to the signature (person/title) on the signature page. Please return all two copies of the agreement to me for MnDOT signatures. A fully executed copy will be returned to you. If you have any questions or need any revisions, please feel free to contact me at 651.366.3822. Si erely, y ette Roshell, PE MW Project Development Engineer Enclosures Cc: Dan Erickson—DSAE File An Equal Opportunity Employer MnDOT Contract No. 1029951 MDEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA AGENCY AGREEMENT for FEDERAL PARTICIPATION IN CONSTRUCTION This agreement is entered into by and between the City of Golden Valley ("Local Government") and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT"). RECITALS 1. Pursuant to Minnesota Statutes Section 161.36,the Local Government desires MnDOT to act as the Local Government's agent in accepting federal funds on the Local Government's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by Federal Highway Administration ("FHWA") federal funds, hereinafter referred to as the "Project(s)"; and 2. This agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has no specific State Project number associated with it,and 2.1. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and 2.2. This agreement supersedes agreement number old (99893) 2.3. This project is for construction not research and development. 2.4. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. AGREEMENT TERMS 1. Term of Agreement 1.1. Effective Date. This agreement will be effective on the date the MnDOT obtains all required signatures under Minn. Stat. §16C.05, Subd. 2. Upon the effective date,this agreement will supersede agreement 99893. 2. Local Government's Duties 2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website 2.2. Staffing. 2.2.1.The Local Government will furnish and assign a publicly employed licensed engineer, ("Project Engineer"),to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative where the Local Government elects to use a private consultant for construction engineering services, the Local Government will provide a qualified, full-time public employee of the Local Government,to be in responsible charge of the Project(s).The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. Updated December 1, 2017 1 MnDOT Contract No. 1029951 2.2.2. During the progress of the work on the Project(s),the Local Government authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement,then the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co- principal with respect to the Project(s). 2.3. Pre-letting. The Local Government will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 2.3.1.The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA has authorized the Project(s). Any Project(s) advertised prior to authorization without permission will not be eligible for federal reimbursement. 2.3.2.The Local Government will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal-aid provisions supplied by MnDOT. 2.3.3.The Local Government will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws.The Local Government will include in the solicitation the required language for federal-aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the Local Government will receive the sealed bids. 2.3.4.The Local Government may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). All work included in a federal contract is subject to the same federal requirements as the federal project. 2.3.5.The Local Government will prepare and sell the plan and proposal packages and prepare and distribute any addenda, if needed. 2.3.6.The Local Government will receive and open bids. 2.3.7.After the bids are opened,the Local Government will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises,the Local Government will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office of Civil Rights. 2.3.8.The Local Government entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass through entity in accordance with applicable Federal awarding agency policy. 2.4. Contract Administration. 2.4.1.The Local Government will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto. All contracts between the Local Government and third parties or subcontractors must contain all applicable provisions of this Agreement, including the applicable federal contract clauses, which are identified in Appendix II of 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and as provided in Section 18 of this agreement. 2 MnDOT Contract No. 1029951 2.4.2.The Project(s)will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the Local Government Engineer's Office.The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 2.4.3.The Local Government will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.4.4.The Local Government will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that were in effect at the time the work was performed. 2.4.5.The Local Government will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The Local Government will notify MnDOT when work is in progress on the Project(s)that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 2.4.6.The Local Government may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into Change Order(s) with the Contractor.The Local Government will not be reimbursed for any costs of any work performed under a change order unless MnDOT has notified the Local Government that the subject work is eligible for federal funds and sufficient federal funds are available. 2.4.7.The Local Government will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2.4.8.The Local Government will prepare reports, keep records, and perform work so as to meet federal requirements and to enable MnDOT to collect the federal aid sought by the Local Government. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The Local Government will retain all records and reports and allow MnDOT or the FHWA access to such records and reports for six years. 2.4.9. Upon completion of the Project(s),the Project Engineer will determine whether the work will be accepted. 2.5. Limitations. 2.5.1.The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2.5.2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation,the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition,the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial 3 MnDOT Contract No. 1029951 assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the above requirements. 2.5.3. Utilities. The Local Government will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. 2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. 3. MnDOT's Duties 3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement of federal funds and will act in accordance herewith. 3.2. Project Activities. 3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs pursuant to the terms of this agreement. 3.2.2. MnDOT will provide to the Local Government copies of the required Federal-aid clauses to be included in the bid solicitation and will provide the required Federal-aid provisions to be included in the Proposal for Highway Construction. 3.2.3. MnDOT will review and certify the DBE participation and notify the Local Government when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then Local Government must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the Local Government must make up any shortfall. 3.2.4. MnDOT will provide the required labor postings. 3.3. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. 3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The Local Government will make available all books, records, and documents pertaining to the work hereunder, for a minimum of six years following the closing of the construction contract. 4. Time 4.1. The Local Government must comply with all the time requirements described in this agreement. In the performance of this agreement,time is of the essence 4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the date defined in the federal financial system or federal agreement ("end date"). No work completed after the end date will be eligible for federal funding. Local Government must submit all contract close out paperwork to MnDOT,twenty four months prior to the end date. S. Payment 5.1. Cost. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the Local Government. The Local Government will pay any part of the cost or 4 MnDOT Contract No. 1029951 expense of the Project(s)that is not paid by federal funds. MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will reimburse the Local Government, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan, the rate proposed will be used on a provisional basis. At any time during the period of performance or the final audit of a project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part 200. MnDOT may adjust associated reimbursements accordingly. 5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate,the Local Government will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.1. Following certification of the partial estimate,the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified partial estimate. 5.3.2. Upon completion of the Project(s),the Local Government will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the Local Government will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.3. Following certification of the final estimate,the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. 5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDOT will promptly release any remaining federal funds due the Local Government for the Project(s). If MnDOT finds that the Local Government has been overpaid,the Local Government must promptly return any excess funds 5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests,the Local Government may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. 5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this agreement must comply with 2 CFR 200.306. 5.5. Federal Funds. Payments under this Agreement will be made from federal funds.The Local Government is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements including, but not limited to, 2 CFR Part 200 imposed by the Local Government's failure to comply with federal requirements. If, for any reason,the federal government fails to pay part of the cost or expense incurred by the Local Government, or in the event the total amount of federal funds is not available,the Local Government will be responsible for any and all costs or expenses incurred under this Agreement.The Local Government further agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered by this Agreement in the event the federal government does not pay the same. 5 MnDOT Contract No. 1029951 5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each project and submit all financial, performance, and other reports as required by the terms of this Agreement and the Federal award within twenty four months of the end date of the period of performance for each project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with funds will continue following project closeout. 6. Conditions of Payment. All services provided by Local Government under this agreement must be performed to MnDOT's satisfaction, as determined at the sole discretion of MnDOT's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of federal, state, or local law. 7. Authorized Representatives 7.1. MnDOT's Authorized Representative is: Name: Mitchell Rasmussen, or his successor. Title: State Aid Engineer Phone: 651-366-4831 Email: Mitch.rasmussen@state.mn.us MnDOT's Authorized Representative has the responsibility to monitor Local Government's performance and the authority to accept the services provided under this agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2. The Local Government's Authorized Representative is: Name: Jeff Oliver or his/her successor. Title: Golden Valley City Engineer Phone: 763-593-8034 Email:joliver@goldenvalleymn.gov If the Local Government's Authorized Representative changes at any time during this agreement,the Local Government will immediately notify MnDOT. 8. Assignment Amendments,Waiver, and Agreement Complete 8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 8.2. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 8.3. Waiver. If MnDOT fails to enforce any provision of this agreement,that failure does not waive the provision or MnDOT's right to subsequently enforce it. 8.4. Agreement Complete. This agreement contains all negotiations and agreements between MnDOT and the Local Government. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 MnDOT Contract No. 1029951 8.5. Severability. If any provision of this Agreement or the application thereof is found invalid or unenforceable to any extent,the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 9. Liability and Claims 9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. 9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government's agent for acceptance and disbursement of federal funds, and not as a principal or co-principal with respect to the Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including,without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The Local Government's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. 10. Audits 10.1. Under Minn. Stat. § 16C.05, Subd.S, the Local Government's books, records, documents, and accounting procedures and practices of the Local Government, or other party relevant to this agreement or transaction, are subject to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements,whichever is later. The Local Government will take timely and appropriate action on all deficiencies identified by an audit. 10.2. All requests for reimbursement are subject to audit, at MnDOT's discretion. The cost principles outlined in 2 CFR 200.400-.475 will be used to determine whether costs are eligible for reimbursement under this agreement. 10.3. If Local Government expends$750,000 or more in Federal Funds during the Local Government's fiscal year, the Local Government must have a single audit or program specific audit conducted in accordance with 2 CFR Part 200. 11. Government Data Practices.The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this agreement.The civil remedies of Minn. Stat. §13_:_0.8_apply to the release of the data referred to in this clause by either the Local Government or MnDOT. 12. Workers Compensation.The Local Government certifies that it is in compliance with Minn. Stat. §176.181,Subd. 2, pertaining to workers' compensation insurance coverage. The Local Government's employees and agents will not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way MnDOT's obligation or responsibility. 13. Governing Law,Jurisdiction,and Venue. Minnesota law,without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination; Suspension 7 MnDOT Contract No. 1029951 14.1. Termination by MnDOT. MnDOT may terminate this agreement with or without cause, upon 30 days written notice to the Local Government. Upon termination,the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2. Termination for Cause. MnDOT may immediately terminate this agreement if MnDOT finds that there has been a failure to comply with the provisions of this agreement,that reasonable progress has not been made, that fraudulent or wasteful activity has occurred,that the Local Government has been convicted of a criminal offense relating to a state agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this agreement if: 14.3.1. It does not obtain funding from the Minnesota Legislature; or 14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to the Local Government. MnDOT is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of the lack of funding within a reasonable time of MnDOT's receiving that notice. 14.4. Suspension. MnDOT may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 15. Data Disclosure. Under Minn. Stat. § 270C.65,Subd. 3, and other applicable law,the Local Government consents to disclosure of its social security number,federal employer tax identification number, and/or Minnesota tax identification number, already provided to MnDOT,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 16. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government's contract award on this Project. 17. Discrimination Prohibited by Minnesota Statutes§181.59.The Local Government will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town,township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1)That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor,will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2)That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or 8 MnDOT Contract No. 1029951 intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent,the person or persons from the performance of work under any contract on account of race, creed or color; 3)That a violation of this section is a misdemeanor; and 4)That this contract may be canceled or terminated by the state of Minnesota, or any county, city,town,township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18. Appendix II 2 CFR Part 200 Federal Contract Clauses.The Local Government agrees to comply with the following federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third party contractors, as applicable. In addition,the Local Government shall have the same meaning as "Contractor" in the federal requirements listed below. 18.1. Remedies. Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 18.2. Termination. All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. 18.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 18.4. Davis-Bacon Act, as amended. (40 U.S.C. 3141-3148)When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 18.5. Contract Work Hours and Safety Standards Act. (40 U.S.C. 3701-3708) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for 9 MnDOT Contract No. 1029951 compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 18.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 18.7. Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued under the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 18.8. Debarment and Suspension. (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 18.9. Byrd Anti-Lobbying Amendment. (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 18.10. Procurement of Recovered Materials. See 2 CFR 200.322 Procurement of Recovered Materials. 18.11. Drug-Free Workplace. In accordance with 2 C.F.R. § 32.400, the Local Government will comply with the Drug-Free Workplace requirements under subpart B of 49 C.F.R. Part 32. 18.12. Nondiscrimination. The Local Government hereby agrees that, as a condition of receiving any Federal financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324,Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or otherwise be 10 MnDOT Contract No. 1029951 subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance. The specific requirements of the Department of Transportation Civil Rights assurances (required by 49 C.F.R. §§ 21.7 and 27.9) are incorporated in the agreement. 18.13. Federal Funding Accountability and Transparency Act (FFATA). 18.13.1. This Agreement requires the Local Government to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Local Government provides information to the MnDOT as required. a. Reporting of Total Compensation of the Local Government's Executives. b. The Local Government shall report the names and total compensation of each of its five most highly compensated executives for the Local Government's preceding completed fiscal year, if in the Local Government's preceding fiscal year it received: i. 80 percent or more of the Local Government's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in management positions. C. Total compensation means the cash and noncash dollar value earned by the executive during the Local Government's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax qualified. 11 MnDOT Contract No. 1029951 18.13.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments,value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds$10,000. 18.13.3. The Local Government must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. 18.13.4. The Local Government will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http://fedgov.dnb.com/webform/ 18.13.5. The Local Government's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the Local Government unless and until the Local Government is in full compliance with the above requirements. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.] 12 MnDOT Contract No. 1029951 City of Golden Valley DEPARTMENT OF TRANSPORTATION Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions or ordinances By: By: Title: Title: Date: Date: COMMISSIONER OF ADMINISTRATION By: By: Title: Date: Date: Updated December 1, 2017 13 Resolution 18-07 January 16, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ACT AS THE CITY OF GOLDEN VALLEY’S AGENT FOR FEDERAL AID FUNDS RELATED TO TRANSPORTATION BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Golden Valley to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf on the City of Golden Valley to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement NO. 4029951”, a copy of which said agreement was before the City Council and which is made a part hereof by reference. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, 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 his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. I. Approve Agreement for Maintenance of Traffic Control Signal Systems with Hennepin County Prepared By Jeff Oliver PE, City Engineer Summary The Minnesota Department of Transportation (MnDOT) turned over two traffic signals to the City of Golden Valley in 2017 as part of the frontage road turnback process along its trunk highway system. These signal systems are located at the intersections of Plymouth Avenue and Mendelssohn Avenue; as well as Betty Crocker Drive and General Mills Boulevard. The City utilizes the services of the Hennepin County Transportation Department (County) to maintain all of its traffic signals on the local street system. Therefore, staff requested that the County take control of the maintenance of the two traffic signals listed above. As part of this request, the City upgraded the traffic signal controllers to be consistent with County and City standards to facilitate maintenance. In order to formalize the signal maintenance, the County has requested the City enter into an Agreement for Maintenance of Traffic Control Systems, a copy of which is attached to this memo for reference. Under the terms of the agreement the County will maintain the signal controller system including signal timing. The City will continue to be responsible for the Emergency Vehicle Preemption system, painting, providing electricity, excavation that may be required for maintenance, and location of the system for Gopher State One Call. The City will pay the County for its service according to the terms outlined in the agreement. Attachments • Agreement for Maintenance of Traffic Control Signal Systems (7 pages) Recommended Action Motion to authorize entering into an Agreement for Maintenance of Traffic Control Systems with Hennepin County. Agreement No. PW 68-13-17 City of Golden Valley County of Hennepin AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNAL SYSTEMS THIS AGREEMENT, made and entered into this day of , 20 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Golden Valley, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS,the City has requested that the County provide maintenance for two City owned traffic control signal systems; and WHEREAS, the County does provide for the maintenance and operation of traffic control signal systems for other municipalities within the County under other agreements on a reimbursable basis; and WHEREAS,the City has indicated its willingness to reimburse the County for all costs incurred by the County in the performance of such services as provided for herein; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 2 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: I Subject to the provisions and exceptions stated hereinafter, the County agrees to maintain the traffic control signal systems at the following intersections, all of which are within the boundaries of the City and are under the jurisdiction of the City: • Plymouth Avenue and Mendelssohn Avenue/Trunk Highway 169 East Ramps • Betty Crocker Drive and General Mills Boulevard Specifically excluded from this Agreement are traffic control signal systems which are, or may become, located at County Road or State Trunk Highway intersections within the boundaries of the City,and such traffic control signal systems which are a part of traffic control systems wherein the maintenance of the primary or governing control equipment is the responsibility of - 1 - _ N)\- Agreement No. 68-13-17 those other than the City or the County. The purpose of this provision is to expressly exclude such traffic control signal systems which, if included hereunder, would create a divided maintenance responsibility. II All engineering services including signal timing required for the performance of work required hereunder will be provided by the County. III The County will respond to requests for assistance subject to the limitations imposed by availability of manpower, equipment, and replacement parts and the condition of the County Road System. In all cases County forces will endeavor to retain minimum traffic control at a specific intersection. Each maintenance operation performed by the County shall be individually and specifically requested by the City to correct a malfunction or failure at a specific traffic control signal system. Malfunctions will be screened by City Public Works personnel prior to making a request for assistance. The County will not be responsible for locating signal systems which require maintenance or repairs. Requests for assistance shall come from authorized personnel of the Department of Public Works for the City. A list of authorized personnel shall be furnished to the County by the City. In addition, it is understood by the City that the County will respond to requests for assistance from authorized law enforcement personnel and from the City of Golden Valley Police Department. IV The County, at its sole discretion, may refuse to install County owned spare equipment in any City owned traffic signal system, if it is determined by the County that such City signal is not wired to preclude, or minimize,the possibility of damage to the County owned spare equipment. V The County will not stock replacement parts which are not common to equipment in use in the County signal systems. It shall be the responsibility of the City to supply the County with such parts necessary to correct failures of this "special" equipment. Some specific examples of"special" equipment are system master controller, outdated local controllers, battery backup, and emergency vehicle preemption equipment. Maintenance of system master controller, individual coordination equipment, emergency vehicle preemption equipment, interconnect cable and conduit shall not receive a higher priority of accomplishment than maintenance necessary to keep traffic signal systems operating. -2 - �tii� Agreement No. 68-13-17 VI All trenching,tunneling,jacking or any excavation required whatsoever in conjunction with the maintenance or repair of signal systems included in this Agreement, and all cleaning, relamping, painting, and provisions for electric power will be accomplished by the City. VII Subject to the exclusion under Article I paragraph 2, existing and new traffic control signal systems at City street intersections subsequent to the execution of this Agreement may be maintained by the County in the same manner described herein provided that the traffic signal system is reviewed and approved by the County and meet the minimum standards established by the Minnesota Department of Transportation. The City Engineer, in a certified letter to the County's Transportation Operations Department Director, shall provide the County with the location of the traffic control signal systems which the City desires to be covered under the terms and conditions of this Agreement. The County, at its sole discretion, shall have the right not to agree to add traffic control signal systems to this Agreement. The City shall provide the County with as-built plans of all new traffic control signal systems added to this Agreement after execution. Any new controllers which may be installed subsequent to this Agreement in existing signal systems maintained by the County under the terms of this Agreement may be maintained by the County provided the controllers are reviewed and approved by the County prior to installation. Upon approval by the County to maintain any existing or new traffic control signal systems added under this Agreement they shall be included throughout the remaining term of this Agreement as though fully set forth herein. VIII The County may discontinue the maintenance of any traffic control signal system included in this Agreement if the County determines that continued maintenance is no longer feasible. Such termination of maintenance shall be effective sixty(60) days after the date of written notice to the City Director of Public Works of the deficiency of such traffic control signal system unless such deficiency is corrected by the City. IX All costs incurred by the County in conjunction with the maintenance services provided for herein shall be reimbursed by the City. Said costs shall be computed in accordance with the following schedule: - 3 - �� Agreement No. 68-13-17 (1) Direct Labor& Supervision- Direct salary costs at the actual rate paid non-supervisory and first line supervisory personnel for the performance of the work and services required under this Agreement. (2) Fringe Benefits - A percentage rate multiplied by Item 1. These costs cover insurance, retirement, sick leave, vacation, etc. (3) Indirect Departmental Labor- A percentage rate multiplied by Item 1. These are costs of an indirect nature performed by additional departmental employees such as clerical staff, middle and top management, and other supportive staff. (4) Indirect Costs - A percentage rate multiplied by the summation of Items 1, 2 and 3 above. These costs include indirect overhead costs such as occupancy, purchasing, personnel, finance, communication services, data processing, and administrative services. (5) Equipment -Actual cost incurred for rental of equipment used in performance of the work or services described herein. (6) Materials - Actual cost incurred for all materials or commodities used or incorporated in the work or services described herein. The percentage rates applicable to the indirect charges (Fringe benefits, Indirect Departmental Labor, and Indirect Costs) are based upon historical expenditures and are adjusted on an annual basis. For estimating purposes only,the following percentage rates represent an approximation of the percentage rates applicable to Items 2 through 4 above: Item 2 50%(approximate) Item 3 8% (approximate) Item 4 10% (approximate) Statements claiming reimbursement hereunder will be submitted quarterly by the County and will contain thereon a certification by responsible officials of the County that all items therein are true and correct and are for work and services performed under the terms of this Agreement. Said statements shall be due and payable within forty-five (45) days after submittal. All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City,the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (I%) percent per month on the disputed amount. Agreement No. 68-13-17 X The County shall keep such detailed records and accounts that shall enable them to submit detailed statements showing the amounts due the County hereunder. All records kept by the County with respect to the maintenance required herein shall be subject to examination by the City upon request. XI The City agrees to defend, indemnify, and hold harmless the County, its officials, officers, agents, volunteers,and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees resulting directly or indirectly from any action of whatsoever nature or character arising out of or by reason of the performance of the work provided for herein and performed by the County, and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character which may or might arise as a result of work performed by the County hereunder. The City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County shall be held harmless from any action for breach of warranty or breach of contract which may be or might be claimed because of work performed hereunder by the County at the request of the City. The City agrees that the County is furnishing the traffic signal maintenance set forth herein without any express or implied warranties, including but not in any manner limited to,the accuracy and completeness of said traffic signal maintenance. The County's sole liability and the City's exclusive remedy for any substantial defect in the traffic signal maintenance performed by the County shall be the right to terminate this Agreement. XII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said - 5 - ��— Agreement No. 68-13-17 employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement,the Transportation Operations Department Director or a designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement,the City Engineer or a designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XIV It is understood and agreed that the entire Agreement between the City and the County is contained herein and that this Agreement supersedes all oral agreements and negotiations between the City and the County relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XV This Agreement may be cancelled with or without cause by either party upon 60 days' written notice. XVI This Agreement shall be in full force and effect upon execution of this Agreement and shall remain in full force and effect for seven(7)years from said date of execution. XVII The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XVIII The provisions of Minnesota Statute 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. - 6 - � Agreement No. 68-13-17 IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF GOLDEN VALLEY (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By:- Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator BY C' Date: Ass tt CLounty Attorney Date: ��7 And: Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Transportation Operations Department Director Date: Date: - 7 - _ �_ Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. J. Acceptance of Donation/Grant for Ballfield Lights at Isaacson Park Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Attachments • Resolution accepting a Donation and Grant from the Golden Valley Little League Youth Baseball and Hennepin County Youth Sports for LED Ballfield Lights at Isaacson Park (1 page) Recommended Action Motion to adopt Resolution accepting a Donation and Grant from the Golden Valley Little League Youth Baseball and Hennepin County Youth Sports for LED Ballfield Lights at Isaacson Park. Resolution 18-08 January 16, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING A DONATION AND GRANT FROM THE GOLDEN VALLEY LITTLE LEAGUE YOUTH BASEBALL AND HENNEPIN COUNTY YOUTH SPORTS FOR LED BALLFIELD LIGHTS AT ISAACSON PARK WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grants and donations on behalf of its citizens: Golden Valley Little League Youth Baseball Association for the addition of LED Ballfield lights on fields #1 and #3 at Isaacson Park in the amount of $15,000. Hennepin County Youth Sports grant for the addition of ballfield lights on fields #1 and #3 at Isaacson Park in the amount of $150,000. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, 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 his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. K. Appointment of Commissioners to the Bassett Creek Watershed Management Commission Prepared By Tim Cruikshank, City Manager Summary In accordance with Minnesota State Statutes the City has advertised for the office of Commissioner and Alternate on the Bassett Creek Watershed Management Commission. The City Council is charged with making the appointments. The City has heard from both Commissioners expressing interest in re-appointment. No other applications were received. Attachments • Resolution Appointing Stacy Hoschka as Commissioner and Jane McDonald Black as Alternate Commissioner to the Bassett Creek Watershed Management Commission (1 page) Recommended Action Motion to adopt Resolution appointing Stacy Hoschka as Commissioner and Jane McDonald Black as Alternate Commissioner to the Bassett Creek Watershed Management Commission. Resolution 18-09 January 16, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION APPOINTING STACY HOSCHKA AS COMMISSIONER AND JANE MCDONALD BLACK AS ALTERNATE COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the City of Golden Valley is a member of the Bassett Creek Watershed Management Commission; and WHEREAS, the Bassett Creek Watershed Management Commission has been organized under State of Minnesota Statutes to manage the storm waters of cities whose boundaries fall within the water management area; and WHEREAS, the City of Golden Valley has adopted a Joint Powers Agreement joining the Bassett Creek Watershed Management Commission; and WHEREAS, the City has advertised for Commissioner and Alternate Commissioner in accordance with M.S. 103B.227. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley appoints Stacy Hoschka as its Commissioner, and Jane McDonald Black as its Alternate Commissioner, to the Bassett Creek Watershed Management Commission for a term ending January 31, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, 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 his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 3. L. Board/Commission Appointment Prepared By Tim Cruikshank, City Manager Summary On Tuesday, January 9, 2018, the Council interviewed three applicants to fill a vacancy on the Open Space and Recreation Commission. As a result the following applicant is recommended to be appointed for a term that expires on May, 2019. All candidates have been notified. Mr. Sanders will be sworn in at the next Open Space and Recreation Commission meeting. With the completion of this appointment, the only vacancies are student members on the Board of Zoning Appeals and Open Space and Recreation Commission. Recommended Action Motion to make the following appointment: Open Space and Recreation Commission Matthew Sanders 1 year term term expires - May, 2019 Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 4. A. Public Hearing - Approval of a Major PUD Amendment and Amendments to the Official Zoning Map - 701 Lilac Drive North Prepared By Jason Zimmerman, Planning Manager Summary This application was tabled at the November 21, 2017, City Council meeting. The applicant has asked that it be tabled again to the February 20, 2018, City Council meeting. Recommended Actions Motion to Table the public hearing regarding a Major PUD Amendment and Amendments to the Official Zoning Map - 701 Lilac Drive North to the February 20, 2018, City Council meeting. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 4. B. Public Hearing - Approval of Conditional Use Permit and Amendments to the Official Zoning Map and the General Land Use Plan Map - 5508 Olson Memorial Highway (Damascus Way) Prepared By Jason Zimmerman, Planning Manager Summary This application was tabled at the November 21, 2017, City Council meeting. The applicant has asked that it be tabled again to the February 20, 2018, City Council meeting. Recommended Actions Motion to Table the public hearings regarding a Conditional Use Permit and Amendments to the Official Zoning Map and the General Land Use Plan Map - 5508 Olson Memorial Highway to the February 20, 2018, City Council meeting. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 4. C. Public Hearing - Amendment to the General Land Use Plan Map - 1111 Douglas Drive (Corporate Woods) Prepared By Jason Zimmerman, Planning Manager Summary This application was tabled at the November 21, 2017, City Council meeting. The applicant has asked that it be tabled again to the February 20, 2018, City Council meeting. Recommended Actions Motion to Table the public hearing amending the General Land Use Plan Map for 1111 Douglas Drive to the February 20, 2018, City Council meeting. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 4. D. Public Hearing - Douglas Drive Redevelopment Area Plan Expansion Prepared By Jason Zimmerman, Planning Manager Summary This application was tabled at the November 21, 2017, City Council meeting. Staff is asking that it be tabled again to the February 20, 2018, City Council meeting. Recommended Actions Motion to Table the public hearing regarding the Douglas Drive Redevelopment Area Plan Expansion to the February 20, 2018, City Council meeting. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 4. E. Public Hearing - Establishing a Tax Increment Financing (Redevelopment) District - Tennant World Headquarters within the Douglas Drive Redevelopment Project Area Prepared By Marc Nevinski, Physical Development Director Summary This application was tabled at the November 21, 2017, City Council meeting. Staff is asking that it be tabled again to the February 20, 2018, City Council meeting. Recommended Actions Motion to Table the public hearing on establishing a tax increment financing (redevelopment) district - Tennant World Headquarters within the Douglas Drive Redevelopment Project Area to the February 20, 2018, City Council meeting Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 4. F. Public Hearing - 2018 Pavement Management Program, Project No. 18-01 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, EIT, Engineer Summary At its November 1st, 2016, meeting, the Council directed staff to prepare a feasibility report for the 2018 Pavement Management Program (PMP). The proposed 2018 project included rehabilitation of 1.3 miles of local streets. The streets included in this project are shown on the attached project location map. The feasibility report for this project has been prepared by the consulting engineering firm of Short Elliott Hendrickson, Inc. and will be presented at the public hearing. The feasibility report outlines a project that includes reconstruction of the subject streets, replaces and repairs the sanitary sewer and water systems, and includes storm drainage improvements throughout the project area. The estimated total project costs are: 2018: Estimated Project Cost $5,200,000 The estimated costs include all street rehabilitation, sanitary sewer and watermain repair and replacement, and storm sewer construction. An estimated 25% of the construction costs have been included for indirect project costs, which includes project design, staking, construction observation, administration, and legal expenses. The special assessment rate for the proposed projects is $6,900 for each residential unit. The special assessment rate for multi-family housing on a residential street is $76.30 per front foot; and the rate for properties with other zoning on residential streets is $96.31 per front foot. The estimated special assessments are consistent with the City of Golden Valley Special Assessment Policy and do not include any assessments for optional assessments to properties for private driveway reconstruction or sanitary sewer service rehabilitation. The proposed financing is as follows: 2018 PMP Sewer and Water Reserve Fund $1,200,000 Storm Sewer Improvement Fund $900,000 Street Improvement Funds $3,100,000 Total Project Cost $5,200,000 These financing sources are consistent with the City’s 2018-2022 Capital Improvement Plan. Special assessments for this project in the amount of $774,854.79 (20% of which are deferred) will be used to pay back the Street Improvement Fund. Following Council authorization of the 2018 Pavement Management Project, the anticipated project schedule is as follows: Open Bids for 2018 PMP March 2018 Award Contract 2018 PMP April 2018 Begin Construction 2018 PMP May 2018 Project Completion 2018 PMP Fall 2018 Attachments • Project Location Map (1 page) • Feasibility Report, 2018 Pavement Management Program, dated December 18, 2017 (46 pages) • Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertisement for Bids for City Project 18-01, 2018 Pavement Management Program (1 page) Recommended Action Motion to adopt Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertisement for Bids for City Project 18-01, 2018 Pavement Management Program. or Medley a�`4� Medley I z �� Park : 0 .Q I� ��91ish 16\- lK�ny �k''� ayfair sL 23rd Ave� �N �� N jcu �N� valley0.0 � Z Changed to 2019 PMP %WWI ' I' "Marin Tr) .L Rd W) o► W v 1 p Unimproved- Duluth St pU° E Z h s z > t z I. UL I $ Earl St a Golden Ridge Nature Area -a �re`Ja o C I P Streets !` ,Q U 'r 2018 1.30 miles local 0 dmw-- 2019 Portion Changed Qs i Naper St General Mills Res a G 1( Print Date:12/20/2017 y , Sources: g0 �j;i 0 Hennepin County Surveyors Office Pho Por vale Property Lines Valley o Aerial Photography(2015). -City of Golden Valley for all other layers. L I - 0 150 300 600 w Feet 4u t 5NN x, r N ; .,: a� s < w 4'555 ° t�?te 9k t' ;41 't T .,, ' w3r Y r , ;e s OV Feasibility Report 2018 Pavement Management Program City of • • - Valley, - • , GOLDV 139704 1 December city of 1 golden, SEH va lleyBuilding a Better World for All of Us' Engineers I Architects 1 Planners i Scientists Feasibility Report 2018 Pavement Management Program City of Golden Valley, Minnesota SEH No. GOLDV 139704 December 18, 2017 1 hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. j4W Scott D. Haupt, PE Date: December 18, 2017 License No.: 46603 Reviewed By: Date: December 18, 2017 S e ason Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 J SEH Building a BetterWorld forAllof Us Sustainable buildings, sound infrastructure, safe transportation systems, clean water, renewable energy and a balanced environment. Building a Better World for All of Us communicates a companywide commitment to act in the best interests of our clients and the world around us. We're confident in our ability to balance these requirements. J SEH TABLE OF CONTENTS Page INTRODUCTION............................................................................................................. 1 PROJECT LEGAL DESCRIPTION................................................................................. 1 EXISTING CONDITIONS................................................................................................2 SanitarySewer..........................................................................................................................2 Inflowand Infiltration.............................................................................................................................................2 SewerMains.........................................................................................................................................................2 SanitarySewer Services......................................................................................................................................3 WaterMain................................................................................................................................3 StormWater Drainage ..............................................................................................................3 MedicineLake Sub-Watershed:...........................................................................................................................3 FlagAvenue Drainage Study................................................................................................................................4 Streets.......................................................................................................................................5 ExistingStreet Widths..........................................................................................................................................5 PavementSections...............................................................................................................................................5 SubgradeConditions............................................................................................................................................6 ConcreteCurb and Gutter....................................................................................................................................6 PedestrianFacilities.............................................................................................................................................6 PROPOSED IMPROVEMENTS......................................................................................7 PublicParticipation...............................................................................................................................................7 Sanitary Sewer and Water Main ...............................................................................................7 SanitarySewer Rehabilitation..............................................................................................................................7 Sanitary Sewer Service Rehabilitation..................................................................................................................8 WaterMain Rehabilitation....................................................................................................................................8 Storm Water Management........................................................................................................8 Water Quality Measures-Olympia Street.........................................................................................................10 Additional Water Quality Measures....................................................................................................................11 Streets.....................................................................................................................................11 StreetWidths......................................................................................................................................................11 SubgradeCorrections.........................................................................................................................................12 ConcreteCurb and Gutter..................................................................................................................................12 DuluthStreet Extension......................................................................................................................................12 Intersection Improvements.................................................................................................................................13 PedestrianFacilities...........................................................................................................................................14 StreetLighting....................................................................................................................................................15 Treeand Landscape Impacts.............................................................................................................................15 Driveway Reconstruction Program.....................................................................................................................15 ESTIMATED COSTS AND PROJECT FINANCING..................................................... 16 Estimated Project Costs..........................................................................................................16 Sewerand Water Costs......................................................................................................................................16 StormDrainage Costs........................................................................................................................................16 Street Reconstruction Costs...............................................................................................................................16 TotalProject Costs.............................................................................................................................................16 Proposed Project Financing....................................................................................................17 SpecialAssessments.........................................................................................................................................17 Sewer and Water Reserve Fund........................................................................................................................17 Storm Sewer Improvement Fund........................................................................................................................17 i Street Improvement Funds.................................................................................................................................18 FinancingSummary............................................................................................................................................18 SUMMARY AND RECOMMENDATIONS..................................................................... 18 UtilityImprovements ...............................................................................................................18 Storm Drainage Improvements...............................................................................................19 Street Improvements...............................................................................................................19 RECOMMENDATIONS.................................................................................................19 Exhibit 1 Location Map Exhibit 2A - 2F Proposed Project Layouts Exhibit 3 Existing Street Widths Exhibit 4 Proposed Street Widths Exhibit 5 Subcut Depths/ Soil Borings Exhibit 6 Pedestrian Routes Exhibit 7 Sanitary Sewer Defects APPENDIX A Summary of Residential Comments APPENDIX B Assessment Roll ii INTRODUCTION At its November 1st, 2016 meeting, the Golden Valley City Council authorized preparation of a feasibility report for the rehabilitation of streets for the 2018 Pavement Management Program (PMP). The proposed project includes rehabilitation of approximately 1.3 miles of residential streets located in the northwest corner of the City. Streets in the 2018 PMP area are located in the neighborhood north of the Lakeview Park neighborhood and south of the Medley Park Neighborhood. The proposed streets are shown on Exhibit 1: Project Location Map. Also included in the proposed project is the construction of an iron-enhanced filtration basin north of Olympia Street between Mendelssohn Avenue and Independence Avenue North. The proposed basin will be located in an area currently occupied by four flood-prone houses, which the City will be acquiring and demolishing over the next few months. Construction of the proposed basin will fulfill outstanding storm water treatment requirements from the 2016 and 2017 PMP projects with the Bassett Creek Watershed Management Commission (BCWMC). This feasibility report will discuss the existing conditions of the streets, sanitary sewer, water mains, and storm sewer within the project area. In addition, the report will discuss the proposed project design, estimated project costs, and the proposed financing, including a preliminary special assessment roll. PROJECT LEGAL DESCRIPTION The proposed project includes: All properties in the NW% of Section 30, Township 118 North, Range 21 West; within the City of Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets: • Earl Street: Mendelssohn Avenue North to Flag Avenue North • Duluth Street: Independence Avenue North to Gettysburg Avenue North • Duluth Street: Flag Avenue North to Ensign Avenue North • Elgin Place: Cul-de-sac to Decatur Avenue North • Independence Avenue North: Earl Street to Duluth Street • Hillsboro Avenue North: Earl Street to Duluth Street • Gettysburg Avenue North: Earl Street to Duluth Street • Flag Avenue North: Earl Street to Duluth Street • Ensign Avenue North: Duluth Street to 23rd Avenue North 1 EXISTING CONDITIONS Sanitary Sewer Inflow and Infiltration The Metropolitan Council Environmental Services (MCES) provides wastewater treatment and interceptor collection services for the Twin Cities metropolitan area. The MCES has undertaken a major effort to eliminate excess peak flows in its system that exceeds the capacity of the collection and treatment facilities. These excess flows can and do result in overflows of raw sewage into the Mississippi River. Inflow and Infiltration (1/1) is defined as clear water that is either directly discharged (inflow) or indirectly discharged (infiltration) into the sanitary sewer system. Among the most common sources are improperly connected sump pumps or foundation drains discharging into the sanitary sewer and the infiltration of ground water through defects in sanitary sewer mains, services, and manholes. The City of Golden Valley is one of approximately 46 cities that have been notified by the MCES that there are excess peak sanitary sewer flows being generated by their community. The peak flows in Golden Valley typically follow heavy rainfall events, indicating that improper connections to the sewer system may be present, and that sewers may be allowing ground water and surface water into the system through cracked pipes, leaking manholes, and substandard castings. The proposed project area is located within the portion of the City that has the greatest volume of inflow and infiltration following rainfall events and high groundwater conditions. Sewer Mains The existing sanitary sewer system within the project area is comprised of local lateral sewers and one portion of trunk sewer main that were constructed in the late 1950's and 1960's when sanitary sewer was first available in the City. The sanitary sewer mains are constructed with eight-inch and nine-inch diameter clay pipes in the majority of the project area, except for Duluth Street (between Flag Avenue North and Ensign Avenue North), which is a 12-inch reinforced concrete concrete pipe (RCP) trunk sewer main that continues east of the project area. A Closed Circuit Television (CCTV) inspection was performed on all the City's sanitary sewer mains within the project area as part of the preliminary project design. This inspection was intended to locate the extent and severity of the defects to the sanitary sewer system to determine if repairs are needed as part of the street reconstruction project. The television inspection has identified distresses within the City system that are consistent with the age and pipe material. These defects include mineral deposits, cracked pipe, root intrusion, 2 noticeable infiltration, and offset joints. These defects are typical sources of groundwater infiltration into the sewer system. The extent of these defects is typical compared to the defects encountered in previous residential street reconstruction projects containing clay pipes. Based upon these CCTV results, the sanitary sewer mains throughout the entire project area will require structural lining as discussed in the "Proposed Improvements" section of this report. The existing sanitary sewer defects are illustrated on Exhibit 7. Sanitary Sewer Services As part of its 1/1 Reduction Program, the City is offering the residents within this project area an opportunity to have a CCTV inspection performed on the sanitary sewer service to their home. The property owners are not being charged for this voluntary inspection, which is identical to the Point of Sale Inspections required by City Code. The intent of this inspection is to identify 1/1 issues present in the private sanitary sewer services and allow property owners to make informed decisions regarding rehabilitation of the service lines, including voluntary participation in the repair program offered as part of the PMP project. This sewer service repair program will be discussed in more detail later in this report. Water Main The majority of the existing water main system within the project area consists of lateral mains that were installed during the 1960's. The majority of the mains in the project area are six-inch diameter cast iron pipe (CIP), except for the eastern block of Earl Street, Flag Avenue North, and Duluth Street (between Flag Avenue North and Ensign Avenue North), which all have existing six-inch diameter ductile iron pipe (DIP). In addition, 12-inch diameter CIP exists along Duluth Street (between Mendelssohn Avenue North and Independence Avenue North) and along Independence Avenue North. These mains are typically within the existing City owned street rights-of-way. A review of water main maintenance records within the project area indicates a history of water main breaks and maintenance issues consistent with other water mains of the same age and material. In addition, leaky, inoperable gate valves have been discovered throughout the project area. Storm Water Drainage The entire 2018 PMP project area is part of the Basset Creek Watershed, and is contained within the Medicine Lake sub-watershed. The following is a brief discussion of the existing storm water facilities within the project area. Medicine Lake Sub-Watershed: Storm water runoff from the project area flows into the existing storm sewer Systems that service the streets. The water along the southernmost portion of the project is intercepted by a storm sewer system that flows south from the intersection of Hillsboro Avenue North and Earl Street towards the 2017 PMP project area before discharging to Medicine Lake. The northern portion of the 3 project along Duluth Street has a trunk line flowing from west to east before discharging into a Medicine Lake Branch drainage ditch. A separate system that flows from the intersection of Decatur Avenue North and Elgin Place flows westerly along Elgin Place before also discharging into the ditch. The storm sewer trunk in this section is composed of 21- and 24-inch reinforced concrete pipe (RCP) and is very shallow. This shallow storm system can be clearly seen by a noticeable bulge in the pavement over the pipe along Elgin Place. Residents have reported that the intersection of Elgin Place and Ensign Avenue North floods frequently during moderate to heavy rainfall events. The General Mills James Ford Bell Research Center (JFB) NW Pond is located within the project limits. This pond receives drainage from a series of catch basins on Flag Avenue North to the west and from a curb cut along Duluth Street to the north. The pond is drained via culvert beneath the intersection of Flag Avenue North and Duluth Street that connects to the storm sewer that drains to the Medicine Lake drainage ditch to the north. Flag Avenue Drainage Study In 2012, the City retained SEH to perform a drainage and geotechnical investigation in the area of Flag Avenue North and Earl Street in response to changing surface and groundwater conditions in the area. The City had observed ice build-up on the roadway as well as severe pavement degradation of the Flag Avenue pavement surface in the 2010-2011 winter months. A temporary drainage system consisting of 12" PVC draintile and 4" PVC sump pump connection points was installed by the City in the fall of 2011 along the eastern portion of Earl Street, and along Flag Avenue North. The intent of these improvements was to serve as a temporary solution in order to handle increased sump pump discharge from residences until a longer term solution could be developed and implemented. The Study provided the following four recommendations for improving drainage in the area: 1. Golden Ridge Nature Area: Construct an 18" trunk storm sewer line from JFB NW Pond to Earl Street, extending approximately 200 feet on Earl Street, west of Flag Avenue. 2. JFB NW Pond: Replace the existing CMP outlet for the pond with an outlet control structure and new reinforced concrete pipe. 3. Flag Avenue Pavement Subgrade Drainage Improvements: Three options were provided for improving subgrade drainage. 4. Flag Avenue Rear Yard Drainage: Construct a rear yard drainage collection system consisting of a drainage swale and storm sewer system within the alleyway. Proposed improvements to the Flag Avenue area will be discussed later in this report. 4 Streets The streets within the proposed project area are local streets that were originally constructed as development occurred. The original dates of construction throughout the project area generally occurred throughout the 1950's and 1960's. Existing Street Widths Typical street widths and cul-de-sac diameters in the project area are as follows: - 29 feet: All streets except for Duluth Street as noted below. - 36 feet: Duluth Street: Independence Avenue North to Gettysburg Avenue North. - 25 feet: Duluth Street: Flag Avenue North to Ensign Avenue North. - 78 feet: Cul-de-sac diameter on the west end of Elgin Place. Street widths are typically measured from gutter flow line to gutter flow line. If no curb exists, street widths are measured from edge of pavement to edge of pavement. Street widths can vary depending upon the location on any given roadway. Refer to Exhibit 3: Existing Street Widths for a reporting of the typical street width for a specific street. Pavement Sections All the streets within the proposed project area have existing asphalt pavement. The existing pavement depths for the project area vary and are shown in the chant below. Average Pavement Depth Pavement Depth Range (inches) (inches) 5.00 to 16.00 11.25 As part of the preliminary design for the proposed project, a series of 10 soil borings were taken to determine the suitability of the existing subgrade materials for street construction. These soil borings were also the source of the pavement and base thickness information provided above. Refer to Exhibit 5: Subcut Depths/Soil Borings for locations of soil borings. Properly constructed asphalt streets are built with a base course of fill beneath the pavement usually made up of granular (gravel) material. This base course layer is considered to be part of the pavement section. Not all soil borings taken in this project area encountered a base course layer. When encountered, the majority of the base course fill consisted of silty sand with varying gravel content. Many of the soil boring locations lacked the gravel content that is required to meet today's requirements for pavement base. Silt and clay are evident in the base course in many of the borings. The presence of these materials makes the granular base susceptible to deflections due to 5 moisture and frost. Consequently the base tends to be unstable under traffic loads when wet, especially during freeze/thaw conditions. The pavement distresses present within the project area are consistent with the age of the streets. Common pavement distresses include longitudinal and transverse cracking, alligator cracking, edge cracking, and patching. Patching is frequently used to cover severe distresses such as alligator cracking, and is therefore indicative of poor pavement quality. Subgrade Conditions The soil borings indicate that the subgrade soils (soils beneath the base or sub base) in the project area are typically classified as sandy lean clay. In addition, Boring B-8 encountered a sandy organic clay layer between 3.5 and 5.5 feet deep and Boring B-11 encountered a peat layer between 17.5 and 19.0 feet deep. These materials are prone to pumping, rutting, and deflection when wet, particularly during freeze/thaw cycles and during construction, resulting in premature pavement failure. Concrete Curb and Gutter The project area contains areas of existing concrete curb and gutter and rolled bituminous curb. The bituminous curb was typically constructed by placing extra asphalt off the edge of the paver when the streets were originally built. The :streets containing existing concrete curb and gutter include the following: Earl Street (Gettysburg Avenue North to Flag Avenue North), Duluth Street (Independence Avenue North to Gettysburg Avenue North), Flag Avenue North (Earl Street to Duluth Street), the east side of Ensign Avenue North (Duluth Street to 23rd Avenue North), and Elgin Place (excluding the west cul-de-sac). All other areas of the project contain bituminous curb. Pedestrian Facilities Several bituminous trails exist within the proposed project area. There are existing trail connections at the southwest quadrant of the Earl Street/Flag Avenue North intersection, as well as at the northwest quadrant of the Flag Avenue North/Duluth Street intersection. An existing trail also runs along the south side of Duluth Street between Flag Avenue North and Ensign Avenue North that connects to two separate trail segments to the south and east of the Duluth Street/Ensign Avenue North intersection. Refer to Exhibit 6: Pedestrian Routes for locations of existing trails within the project area. Street Lighting Street lighting exists throughout a portion of the project area. Decorative street lights exist along the eastern block of Duluth Street, Ensign Avenue North (Duluth Street to Elgin Place), and on Elgin Place (cul-de-sac to Ensign Avenue). 6 PROPOSEDIMPROVEMENTS This portion of the feasibility report will focus on the proposed design of the project. The estimated project costs and project financing will be discussed later in this report. Public Participation As part of the preliminary design process for the 2018 Pavement Management Program, two sets of project open houses were held. The first open house was held in April 2017 and the second was held in November 2017. The open houses provided residents with project information and a forum to express concerns and ask questions regarding the proposed project. Residents were able to view the preliminary project design, including anticipated impacts to landscaping, trees, and driveways. Information regarding the Driveway Reconstruction Program and the Inflow and Infiltration Sewer Service Inspection Program was also available at these meetings. All written comments received at or following the open house meetings, is summarized in Appendix A: Summary of Resident Comments. These written comments are an important tool for staff to identify issues that need to be addressed as part of the project design. The proposed improvements discussed in this portion of the feasibility report are shown on Exhibits 2A through 2F: Proposed Project Layouts. Sanitary SE;wer and Water Main Sanitary Sewer Rehabilitation As discussed earlier in this report, a television inspection of the existing sanitary sewer system was performed during the preliminary design portion of this project. Based upon the results of this survey, it has been determined that the majority of sanitary sewer mains within the project area are in need of repair. The nature of the defects present including primarily cracked pipes and root lintrusion, indicates that all of the sanitary mains can be rehabilitated by structural lining. Sanitary sewer lining will be effective in repairing the defects and addressing the infiltration issues within the City's system. The existing sanitary sewer defects are illustrated on Exhibit 7. The proposed sanitary sewer improvements are illustrated on Exhibits 2A through 2F: Proposed Project Layouts. In addition to lining the sanitary sewer mains, this project will incorporate other measures to reduce the amount of 1/1 being introduced into the City's sewer main system. These 1/1 reduction efforts include the replacement of all sanitary sewer manhole castings and covers and the reconstruction of necessary sanitary sewer manholes. These measures have been implemented in past PMP projects, and are consistent with the City's efforts to address all sources of 1/1. 7 Sanitary Sewer Service Rehabilitation As previously mentioned, residents in the project area have: been given the opportunity to voluntarily have their sanitary sewer service inspected as part of this project and the City's ongoing 1/1 Reduction Program. The intent of this voluntary inspection, which is funded by the City's water and sewer fund, is to identify sources of 1/1 from the privately owned sanitary sewer services. It is also intended to let the property owners know what sewer service repairs are needed in order to become compliant with City Code. Each of the property owners can use the information provided in the inspection to plan for future sewer service repairs, including participation in the sewer service repair program, which includes the option to specifically assess the work offered as part of the proposed project. Sewer service inspections started in the fall of 2017 for residents involved with the project. Each property owner, including those who did not participate in the voluntary inspection program, will be given the opportunity to have repairs performed on their sanitary sewer service. These repairs will be performed in conjunction with this project, but will be completed under a separate contract from the public improvements. Homeowners will be able to have their sewer services lined, or removed and replaced, as part of this program. Water Main Rehabilitation Based upon water system maintenance records, it is proposed that the existing 6-inch diameter cast iron water main located in the project area be replaced as part of this project. All 6-inch cast iron pipe will be replaced with C900 plastic pipe and adjacent services will be replaced with HDPE plastic pipe to the right-of- way line. New curb stops will be also be installed at the right-of-way line on new water services. A temporary water supply system will be required to provide water to the homes during water main replacement. The (proposed water main replacement is shown on Exhibits 2A through 2F: Proposed Project Layouts. In addition to water main replacement, all hydrant and gate valves will be replaced throughout the project area. Additional gate valves and hydrants will be added where needed to meet current spacing requirements. Storm Water Management The entire 2018 PMP project area is part of the Basset Creek Watershed, and is contained within the Medicine Lake drainage district. Therefore, the proposed improvements will be designed in accordance with the Basset Creek Water Management Commission (BCWMC) Requirements for Improvements and Development Proposals. This includes the implementation of storm water best management practices (BMPs) as part of the project design and during construction. The majority of the proposed storm sewer improvements for the project area are modifications, extensions, and/or replacements of the existing storm sewer system to 8 help facilitate drainage of streets, rights-of-way and adjacent properties to the extent feasible. To evaluate and address the flooding observed at the intersection of Elgin Place and Ensign Avenue North, SEH developed an XP-SWMM°2014 model. The model incorporated the existing storm sewer system along Elgin Place based on SEH field measurements and City data contained within GIS databases. The model indicated that the trunkline along Elgin Place is currently undersized for a 10-year storm event. However, due to the shallow nature of the storm sewer system, the downstream discharge invert elevation, and right-of-way impacts, enlarging the trunkline would be difficult. Therefore, the City is currently pursuing an option that would disconnect an 8.6 acre area that drains to the intersection of Elgin Place and Decatur Avenue North and is currently serviced by the Elgin Place storm sewer system. This 8.6 acre area is part of the proposed 2019 PMP area and would be rerouted to a stormwater pond on General Mills property, which is located south of Elgin Place, as part of the 2019 PMP project. The model suggests that the intersection of Elgin Place and Ensign Avenue North would) no longer flood during the 10-year event if this 8.6 acre drainage area is rerouted. Modeling results also indicated that re-routing the 8.6 acres would not increase surface elevations along the main Bassett Creek channel by more than 0.01 feet over existing conditions, thus fulfilling the no-rise requirement of the BCWMC permit. The pond to which the 8.6 acres would be rerouted is part of the Basset Creek Main Stem Drainage District. Given that the 8.6 acres would flow to a new drainage district under this proposed scenario, the City is currently coordinating the rerouting efforts and permitting with the BCWMC. Based on the storm trunkline capacity issues on Elign Place and the above modeling results for storm water re-routing, it is recommended to eliminate the block of Elgin Place between Ensign Avenue North and Decatur Avenue North from the 2018 PMP and include in the 2019 PMP. During the 2019 PMP, the existing storm sewer would be removed from this block of Elgin Place, as it would no longer be needed with the proposed re:-routing to the General Mills pond. Proposed storm sewer improvements will address the following recommendations from the Flag Avenue Drainage Study: 1. Golden Ridge Nature Area: New storm sewer facilities are proposed from the Gettysburg Avenue North/Earl Street intersection to the JFB NW Pond. 2. JFB NW Pond: Replace the existing CMP outlet for the pond with an outlet control structure and new reinforced concrete pipe. 3. Flag Avenue Pavement Subgrade Drainage Improvements: New draintile will be installed behind both proposed curb lines to drain the proposed sand subgrade and new connections will be made to the existing sump drains. Rear yard drainage improvements are not feasible due to the presence of power poles, sheds and other private improvements located within the easement area, all of which would require relocation and extensive coordination. 9 The proposed storm drainage improvements are shown on Exhibits 2A through 2F: Proposed Project Layouts. As with past PMP projects, a sump discharge drainage system is proposed within the project area. This sump discharge drainage system consists of a piping system behind the curb and a service stub for potential connection of private surrip pump discharges. The sump discharge drainage system is proposed for locations where a significant number of sump pumps are present, and provides an alternative to discharging sump pumps above ground or into the sanitary sewer system. Water Quality Measures— Olympia Street Implementation of required water quality measures from the 2016 and 2017 PMP projects have been delayed to allow the City sufficient time to acquire the necessary properties for construction of a permanent stormwater management BMP along Olympia Street. The four properties are located in an area prone to flooding due its low topography and an undersized, very shallow storm sewer system along Olympia Street that drains to Medicine Lake. Rehabilitation of the system was not feasible due its shallow depth and its crossing under U.S. Highway 169. Given that the properties would remain flood-prone for the foreseeable future, the City developed a plan to purchase the four properties for the construction of a BMP. As part of the 2017 PMP, SEH evaluated several design alternatives for stormwater management on the four flood-prone properties; following their future acquisition and demolition by the City. Stormwater treatment options on the properties were limited given the soils were found to be not conducive to infiltration. Due to the shallowness of the storm sewer system and the limited space, the evaluation suggested the BMP also would not provide any substantial flood mitigation. An iron-enhanced sand filter basin was deemed to be the most feasible and provided the greatest stormwater treatment potential. The basin utilizes a sand media that is mixed with iron fibers that work to absorb dissolved phosphorus from the stormwater. The sand media is underlain with draintile with cleanouts. The proposed basin will satisfy the outstanding BCWMC requirements from the 2016 and 2017 PMP projects. A diversion structure installed during the 2017 PMP will direct low flows from the Independence Avenue North storm sewer trunkline to the proposed basin for treatment. The inlet and outlet pipes for the basin were stubbed out from the trunklines and bulkheaded as part of the 2017 PMP construction. A proposed outlet structure located within the basin will control the flows during normal operation and will include an overflow for high flow events. The proposed basin is not anticipated to provide substantial storage for mitigation of high flows along the undersized Independence Avenue North storm sewer trunkline. At present, the City has acquired and demolished two of the homes from the four previously identified flood-prone properties along Olympia Street. The sales of the other two homes are pending. The City anticipates that the sales and demolition of the two remaining homes will be complete prior to the start of the 10 2018 PMP project. Construction of the iron-enhanced sand filter basin and its appurtenances is proposed to be constructed as part of the 2018 PMP. Additional Water Quality Measures While rain gardens or infiltration basins are not feasible due to the typical clayey soils that prevent water infiltration into the subsurface, rain gardens designed as filtration basins may be feasible. The City will provide technical assistance to individual homeowners if they desire to create "rain garden" filtration basins on their property. Storm sewer sump manholes with manhole baffles will be installed throughout the project area as practicable prior to stormwater discharge to surface waters. Manhole baffles provide pre-treatment to storm water entering the sump manholes by filtering out sediment as it enters the manhole:. The sump manholes allow the larger debris and sediment that is filtered from the storm water by the manhole baffle to settle out in the sump, where it is cleaned out on a regularly scheduled basis as part of the City's maintenance program. As a result of recent changes to BCWMC's water quality standards, no additional water quality improvements are required for the 2018 PMP. The minimization of impervious surfaces such as pavement, which generate higher volumes of storm water runoff than vegetated pervious surfaces, is a goal of PMP design. Existing street impervious areas, post construction impervious areas, and the amount of decrease in impervious area for the 2018 PMP are shown below. Existing Street Post Construction Decrease of Impervious Area Impervious Area Impervious Area % Reduction of (acres) (acres) (acres) Impervious Area 5.27 5.07 0.20 3.9% Streets The City of Golden Valley Pavement Management Program stresses the use of proper pavement rehabilitation measures for each street. After reviewing the streets within the project area, it has been determined that reconstruction to City standards is the appropriate rehabilitation measure. This section of the report will discuss proposed rehabilitation measures being recommended, as well as the structural and geometric concerns encountered during preliminary design. Street Widths The Pavement Management Policy strives to maintain or reduce existing street widths when a roadway is reconstructed. The policy outlines exceptions to this goal for streets where high traffic volumes or unsafe traffic conditions are present that could be resolved with additional street width. This portion of the Pavement Management Policy has been adhered to in this project to the extent possible. In general, street widths for this project were determined by slightly reducing the average width of the street, while also considering potential impacts. Therefore, 11 at any specific point on a street, the proposed street width may be narrower, or wider, than the existing roadway. Generally, reducing street widths also reduces construction costs, reduces impervious runoff into the lakes and streams, reduces street maintenance costs, and promotes neighborhood traffic calming. The existing street widths are illustrated in Exhibit 3: Existing Street Widths. The proposed width of each street is shown on Exhibits 2A through 2F: Proposed Project Layouts and on Exhibit 4: Proposed Street Widths. Subgrade Corrections Based upon the subsurface conditions encountered within the project area, it is recommended that subgrade correction occur beneath each street. Subgrade correction is performed by removing soft, moisture-susceptible soils that are structurally unsuitable, and backfilling with clean (minimal silt) granular material such as sand or gravel. The subgrade correction planned for all streets in the project area includes subcutting and replacing the excavated soils with a minimum of three feet of sand and the City's standard bituminous and gravel base street section. In addition, subsurface soil information has revealed that existing soil conditions require excavation and sand backfill to a depth of 5.5 feet on the northernmost 300 feet of Ensign Avenue North, and to a depth of 6.5 feet on Flag Avenue North. The final depth of subcuts to be constructed will be determined for each street in the field based upon actual soil conditions encountered. Refer to Exhibit 5: Subcut Depths/Soil Borings for an illustration of the proposed subcut areas and depths. The use of geotextile fabrics for additional subgrade stabilisation is anticipated in two locations within the project area as identified in Exhibit 5: Subcut Depths/Soil Borings. Geotextile fabrics are typically placed in areas where unsuitable subgrade soils have been identified. Concrete Curb and Gutter The installation of concrete curb and gutter is required by the City because of its engineering and maintenance advantages. Curb and gutter provides pavement edge support and protection, facilitates roadway drainage, and eliminates the need for ditches. Given the practicality of curb and gutter and its usefulness, the City's standard practice is to install concrete curb and gutter on all streets in the project area. The standard type of concrete curb and gutter on Golden Valley streets includes a 6-inch high barrier curb and an 18-inch wide gutter (B618' curb and gutter). Duluth Street Extension An existing public street right of way is in place along the Duluth Street corridor from Mendelssohn Avenue North to the east property line of JFB, though several locations within these limits do not currently contain street segments. City utilities reside in these segments but a street was never constructed. The City's 12 2008 Transportation Plan studied Duluth Street as a potential collector route between Mendelssohn Avenue North and Winnetka Avenue. The need for it to serve as collector route was not established nor did it have public support and was therefore not further considered. The 2018 PMP project provides the opportunity to consider the need for local street or trail connections to be made on the two unimproved blocks of Duluth Street. The preliminary project design included a Traffic Study to identify how traffic patterns and demands would change in this area if the two "non-existing" street segments were constructed. Results of the study indicated that the western portion of Duluth Street would see increased traffic;from the adjacent neighborhood, as well as from the neighborhood to the northeast. Future traffic on Earl Street and Flag Avenue North would also decrease if the two new segments of Duluth Street were constructed. This concept of making Duluth Street a continuous local route between Mendelssohn Avenue North and Ensign Avenue North was also discussed at the April 2017 Public Open House meetings and the majority of residents who commented were not in favor of constructing the two new street segments. Given the public opposition and higher than average cost to construct both of these segments (due to the challenging topographic conditions and number of mature trees that would be impacted), City staff decided against recommending construction of the additional street segments. However, new 10-foot wide bituminous trail segments are proposed for these two areas. These trail segments would provide improved connectivity for non-motorized users in the area. These segments were not identified in the City's current Draft Bicycle and Pedestrian Plan, but are complimentary to other existing and planned non- motorized facilities in the project area. Trail and sidewalk connectivity is further described below in the Pedestrian Facilities section of the Report. Intersection Improvements The existing intersections of Duluth Street with Independence Avenue North and Gettysburg Avenue North have a hammerhead configuration at the east and west ends of each intersection which creates difficulties for snow clearing operations. It is proposed to replace these two intersections with 90-degree curves to provide better snow plow maneuverability and to remove the unnecessary pavement. The intersection of Duluth Street and Ensign Avenue North is at an approximate 60 degree angle, which is less than the desired 90 degree angle for intersecting streets. This lesser angle reduces sight distance for approaching vehicles and makes turning movements more difficult. It is proposed to increase the curb radius in the northwest quadrant of this intersection, which would provide additional pavement to allow for better sight distance and turning movements. Improvements to the remaining intersections include installing concrete curb and gutter throughout the project area, to comply with City standards for residential streets. The addition of curb and gutter will improve drainage at each intersection as well as provide 13 better edge protection than areas with rolled bituminous curb, which has deteriorated over the years. Proposed geometrics for the project area are illustrated in Exhibits 2A through 2F: Proposed Project Layouts. Pedestrian Facilities The current City of Golden Valley Draft Sidewalk and Trail Plan was reviewed to determine if future trails or sidewalks are planned for construction within the project area. The Sidewalk and Trail Plan does not identify any new segments of sidewalk or trail to be constructed within the project limits; however the Plan does identify Flag Avenue North and Ensign Avenue North to be a signed on-street bicycle route that will complement existing trail segments to form a bicycle connection between Plymouth Avenue and Medicine Lake Road. On Flag Avenue North it is proposed to construct a new 8-foot wide bituminous trail behind the east curb line. This will provide a continuous off-street pedestrian connection between the existing trails at the Earl Street/Flag Avenue North intersection and the trail along the south side of Duluth Street, which is proposed to be reconstructed with an 8-foot trail directly behind the back of curb. This segment was identified in the Draft Bicycle and Pedestrian Plan as a future signed on-street bicycle route because the feasibility of an off-street trail was unknown at that point in time. As described above in the Duluth Street Extension section, two new 10-foot wide trail segments are also proposed within the Duluth Street right-of-way between Mendelssohn Avenue North and Independence Avenue North, and between Gettysburg Avenue North and Flag Avenue North. Feedback from residents of the Kings Valley Townhomes at the April 2017 public meetings indicated the desire for a new emergency access to be constructed that would connect Marquis Road to either Duluth Street or Flag Avenue North. In response to this request, a new 10-foot wide bituminous trail segment is proposed to connect Marquis Road to the new trail segment in the Duluth Street right-of-way. This connection will provide a secondary emergency access for the townhome development, and will include locked gates at the north end of the proposed trail which will only Ibe unlocked in the event of an emergency. All proposed trails will include new pedestrian ramps, which will be constructed in accordance with the requirements of the Americans with Disabilities Act. The proposed pedestrian routes through the project area are illustrated on Exhibit 6: Pedestrian Routes. 14 Street Lighting As described above, the project area contains several areas with decorative street lights. The majority of these decorative street lights will conflict with excavation for the proposed improvements and will need to be removed and reinstalled. Replacement of the affected street lights will be paid for under the leased rate cost structure with Xcel Energy, which won't result in any up-front costs for property owners, and monthly street lighting rates will remain the same. Tree and Landscape Impacts The proposed project outlined in this feasibility report includes minimizing impacts to landscaping, trees and shrubs as a major design consideration. As a result, the impacts have been minimized to the extent possible. It is estimated that approximately 59 trees and 21 shrubs will be impacted by the proposed improvements. The extent of the potential tree impacts due to the reconstruction of sanitary sewer and water services cannot be quantified at this time. Because maintenance of sanitary sewer services is the responsibility of the individual homeowners, the removal and replacement of trees and shrubs due to sewer service repairs will also be the homeowners' responsibility. Any tree removals required for sewer service repairs will be included in the assessable costs, but replacement trees or shrubs will be the responsibility of the property owner. The potential impacts to trees, shrubs and landscaping is one of the primary reasons that lining of sanitary sewer services is the preferred method of rehabilitation. Driveway Reconstruction Program As with past PMP projects, homeowners within the project area whose driveways are impacted by street reconstruction will be given the opportunity to have their driveway replaced as part of the project, at contract unit prices. As part of this program, residents have the option of having the driveway reconstruction costs assessed against their property for a period of 10 years. It should be noted that the City may reject homeowner participation in the driveway replacement program in situations where the reconstruction is excessively complicated or additional liability is incurred by the City during the reconstruction of the driveway. Challenging driveway reconstruction often includes pavement removal or installation against the base of retaining walls, foundation or basement walls or very flat or steep grades. 15 ESTIMATED COSTS AND PROJECT FINANCING Estimated Project Costs The estimated costs for the improvements outlined in this report are separated by the type of work and funding sources. These categories include utility work, storm drainage improvements, and street reconstruction costs. The estimated project costs include construction costs, construction contingencies of 10 percent, and an estimated 25 percent of the construction costs as indirect costs. These indirect costs typically include project design, surveying, construction administration, and legal costs. Discussion on the financing and funding sources for the proposed improvements is included in the next section of this report. Sewer and Water Costs The estimated sewer and water costs include all water main replacement, sanitary sewer repairs, and maintenance as outlined within this report. Estimated Construction Costs = $ 960,000 Estimated 25% Indirect Costs = $ 240,000 Estimated Sewer and Water Total = $ 1,200,000 Storm Drainage Costs The estimated storm drainage costs include all storm sewer installation, water quality measures, and erosion control. Estimated Construction Costs = $ 720,000 Estimated 25% Indirect Costs = $ 180,000 Estimated Storm Drainage Total = $ 900,000 Street Reconstruction Costs The estimated street reconstruction costs include all subgrade correction, pavement, curb and gutter, trails, vegetation restoration, and landscaping costs. These costs also include removal and replacement of decorative street lights within the project area. In addition, the street reconstruction costs include quantities for an estimated 20% participation in the private driveway reconstruction program. Estimated Construction Costs = $ 2,480,000 Estimated 25% Indirect Costs = $ 620,000 Estimated Street Reconstruction Total = $ 3,100,000 Total Project Costs Estimated Sewer and Water Costs = $ 1,200,000 Estimated Storm Drainage Costs = $ 900,000 Estimated Street Reconstruction Costs = $ 3,100,000 Estimated Total Project Cost = $ 5,200,000 16 Proposed Project Financing The proposed financing of this project is a combination of special assessments to properties abutting the streets being improved, street improvement funds, the Sewer and Water Reserve Fund, and the Storm Water Improvement Fund. The following is a brief description of each of these funding sources and a summary of the estimated amount to be funded from each source. Special Assessments The proposed special assessments for the 2018 Pavement Management Project is consistent with the City of Golden Valley Special Assessment Policy and Minnesota Statutes, Chapter 429. As outlined in the Special Assessment Policy, residential properties are assessed on a per-unit basis for each single family or duplex unit. Oversized lots that may potentially be subdivided into additional conforming lots are assessed one unit assessment for each potential lot. However, only one unit assessment is levied with the project; with the other assessments being deferred until the property is subdivided. Corner residential lots are assessed one-half unit for each of the lot's frontage being improved, with no more than one full unit assessed, unless the lot could be subdivided. Corner lots with County roads are assessed one full unit for the local street being reconstructed. The residential special assessment rate for 2018 has been established by the City Council in its annual Fee Ordinance. The residential assessment rate that has been established for this project is $6,900 per unit. The assessment rate for multi-family residential properties (greater than duplex) has been established at $76.30 per foot of street frontage and all other zonings will be assessed at a rate of$96.31 per foot of frontage. As shown on Appendix B: Preliminary Special Assessment Roll, the estimated amount of street reconstruction costs to be financed through special assessments is $774,900. Approximately 80% of this total is levied, the other 20% is deferred. Sewer and Water Reserve Fund The Sewer and Water Reserve Fund will be the funding source for all sanitary sewer and water main work discussed within this report. The estimated amount to be funded from this source is $1,200,000. The Sewer and Water Reserve Fund is financed from sanitary sewer and water utility fees. Storm Sewer Improvement Fund All storm drainage improvements, including lateral storm sewer extensions, drain tile, erosion control, and storm water BMPs are funded from the Storm Sewer Improvement Fund. The estimated amount to be funded from this source is $900,000. The Storm Sewer Improvement Fund is financed from storm water utility fees paid by all properties in the City. 17 Street Improvement Funds All street rehabilitation costs not funded by special assessments will be funded using street improvement tax levies. These levies are used to repay bonds sold to finance the project. The estimated amount to be funded from this source is $2,325,100. Financinq Summary The following is a summary of the amounts to be funded from each of the sources discussed above. Sewer and Water Reserve Fund = $ 1,200,000 Storm Sewer Improvement Fund = $ 900,000 *Street Improvement Funds = $ 3,100,000 Estimated Total Project Cost = $ 5,200,000 *Street Reconstruction Bonds are sold, paid back with Special Assessments. SUMMARY AND RECOMMENDATIONS This feasibility report for the proposed 2018 Pavement Management Project has been prepared in accordance with the Golden Valley City Council's authorization on November 1, 2016. The proposed improvements are part of a city-wide Pavement Management Program adopted by the City in order to provide a high-quality street system in a long-term, cost-effective manner. The Pavement Management Program also includes the replacement and rehabilitation of the existing sanitary sewer, water main, and storm sewer systems as needed with each project. This report discusses the proposed improvements to streets illustrated on Exhibit 1: Project Location Map, which are proposed to be constructed during the 2018 construction season. The sanitary sewer service repair program will be performed in conjunction with this project, but under a separate contract. A summary of the proposed improvements is as follows: Utility Improvements The sanitary sewer work proposed for the project area consists of lining existing sanitary sewer mains to repair existing defects to the sewers as illustrated under the "Proposed Improvements" section of this report. There is an optional sanitary sewer service repair program that residents may choose to participate in to rehabilitate their privately owned sanitary sewer services. The costs of the private sanitary sewer service repairs may be specially assessed to the benefiting property and will be completed in conjunction with this project, but under a separate contract. Water main work includes replacement of the 6-inch cast iron water main pipe and adjacent services within the right-of-way with plastic pipe, replacement of valves and hydrants, and the addition of new valves and hydrants as needed throughout the project area. 18 The total estimated cost for the proposed sanitary sewer and water main work discussed within this report is $1,200,000, which includes construction, contingencies and indirect costs. This portion of the project will be funded from the Sewer and Water Reserve Fund. Storm Drainage Improvements The storm drainage improvements proposed as part of this project consist primarily of street narrowing along with modifications, extensions, and/or replacements of the existing storm system to help provide adequate drainage on all streets within the project area. In addition, the storm drainage improvement includes a sump drainage system installed behind the curbs throughout the project area and the installation of sump manholes with manhole baffles and erosion control items as discussed in this report. Various catch basins and storm manholes will be replaced and/or removed as needed, according to their existing condition. The proposed improvements also include the construction of an iron-enhanced sand filtration basin north of Olympia Street to alleviate localized flooding. The total estimated cost for the proposed storm drainage improvements discussed within this report is $900,000, which includes construction, contingencies and indirect costs. All storm water related costs within this project are to be funded from the Storm Sewer Improvement Fund. Street Improvements The street improvements proposed as part of this project include rehabilitation of approximately 1.3 miles of local streets. The proposed street reconstruction within the project area has been designed according to City standards including the installation of concrete curb and gutter and asphalt pavement. The proposed street widths have been minimized to the extent possible to avoid and minimize impacts to trees and landscaping. The proposed improvements to all streets within this project are shown on Exhibits 2A through 2F: Proposed Project Layouts. The total estimated cost for the street reconstruction discussed within this report is $3,100,000, which includes construction, contingencies and indirect costs. All street rehabilitation costs not funded by special assessments will be funded using street improvement tax levies. RECOMMENDATIONS Public Works staff has determined that the improvements outlined in this report are feasible from an engineering perspective. These improvements are consistent with the City of Golden Valley Pavement Management Program and will benefit the community and those properties abutting the proposed improvements. The cost-effectiveness of the proposed improvements should be determined by the City Council. 19 Staff recommends approval of City Improvement Project No. 18-01, 2018 Pavement Management, as discussed within this report. Staff further recommends that the City Council authorize advertising for bids to construct the project. 20 Exhibits Exhibit 1 - Location Map Exhibit 2A - 2F - Proposed Project Layouts Exhibit 3 - Existing Street Widths Exhibit 4 - Proposed Street Widths Exhibit 5 - Subcut Depths / Soil Borings Exhibit 6 - Pedestrian Routes Exhibit 7 - Sanitary Sewer Defects N 0 SIP NTS L t 1 0 z Q(MENDELSSOH LN) z GIA- 61 zji C/�J Lu ,g VA Y I � v e � Q -UNIMP ROV NIMPROV a Yiy N N^ 66 O n �\ Lu O O O 3 o J �, JO o 0 w Q z LJz - w cm Q Lu o z z LEGEND o u PROJECT LOCATION 2018 PMP n co (� U) n j r J o REMOVED FROM 2018 PMP, Z ADDED TO 2019 PMP E � FILE N 0. LOCATION MAP EXHIBIT PHONE A6NA490.2000 139704 2018 PAVEMENT i ST. PAU, MN 55110E 5196 DATE: MANAGEMENT PROGRAM NO. 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EXISTING STREET WIDTHS PHONE: 651.490.2000 139704 2018 PAVEMENT EXHIBIT 3535 VADNAIS CENTER DR. NO. i ST. PAUL, MN 55110-5196 DATE: MANAGEMENT PROGRAM SEH www'sehinc.com 11/06/17 (PMP) 3 N 11M EffiTfl 0 NTS Z Q(MENDELSSOH Z N � Lu z C/R i Lu O 1 � eG 80' DIA N J -UNIMP ROV NI PRO 0 0 0 ^ A o R O �FQ J S z n CC j > G 3 j ' PROPOSED STREET WIDTHS Z 26' WIDTH a z CUL-DE-SAC DIA. E Z n J rn U) W 0 E Z Lu n G Z Y 0 / FILE N0. PROPOSED STREET WIDTHS i tr1. o PHONE: 651.490.2000 139704 - f 2018 PAVEMENT EXHIBIT i 3535 VADNAIS CENTER DR. `.oldenMANAGEMENT PROGRAM NO. ., i ST. 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PAUL, MN 55110-5196 DATE: MANAGEMENT PROGRAM V SEH www.sehinc.com 11/06/176 6 8 0 MHr2732 2331 MH 301e2 90102402420 8930 MH 2783 MH 2731 2450 2 12733— _ o.MH.301.1 r H 2786 M 25 698422 2434 MH 2628 MH 2627 MH 2214 MH 2690 2420 8945 2345 2414 25 4 Z MH 2729 MH 2730 28 2340 2 4 W 2426 2412 2331 Q (MENDELSSOH LN) 2424 MH 2727 MH 2213 23302 MH 2719 6 MH 2689 2320 2 1 MSM 2iT118 d MH 2688 23 02 2 13 230 2 2 2 N 230 2 MFI • MH2699 MH 269 _MH 2698 2300 8MH 2700 W MH 1 22 MH 2212 2235 i n ..� 30 MH 2707 MH-2706 2255 2708 MH 2686 27 9045 8945 LZ MH-2687 08 O MH 2685 MH 2696' 20 903 5 MH 4 MSH 2684 ?p3 20 22 6 2 2233 2200 2717 MH 2716 7 ) 20 MkW2682 MH 2211 14 2125 MH 2683 2 9036 2145 2 45 MH 2714 MH 2709 2150 MM 2713 14 h4� 5 1 2 �� MH 9 MH 27-15�2 0 1 2704 11 1 MH 2583 9018 9000 2130 20 0 2 MFH I � MH 2581 MH 11 2 2701 0 MH-2'582 tH2712 1 0 124 M 3 1 10 1 MH 2681 9025 90zz 0110 1 pig 11 IVI1127>r1ti1 2710 71 MH_2703-2 02 5 MH 9015 8945 1 2 21 125 3 1 2 2 2680 9040 9030 9020 2117 2116 QMH MH 2514 MH 2205 MH-2204 MHMH 2209 2110 "U N X25,1,2 MHE2513 220.3 9000 MH 1729 2016 2017 2016 2016 2017 9185 2017 2016 2013 2072 2013 MH 2515 MH 1755 2013 2012 2013 2008 2009 2008 2012 MH 2202 MH 1754 2009 2009 2008 2009 28 2004 2005 2004 2005 2004 2005 2004 2005 MH 2773 MH_1.730 1916 2001 1916 2001 H� 2000 2001 41 1916 1917 1917 , 1916 1917 ,,,, MH 1-753 1917 2206 1912 1913 1912 1915 MSH 1912 1912 1913 1908 1909 1904 E 1913 1756 1908 1909 1908 1909 1904 1905 1902 1905 1904 1905 1904 1905 a 9 MH 1731 1900 9400 9350 9300 9250 9200 9150 1901 -EA—R–L-STMH 1752 MH 1757 j MH MH 2774 -__ _ 2207 1820 1821 9385 9345 1816 1817 1817 DEFECTS E 1816 MH 28 Pipe Defects 1812 1813 1812 1758 1808 1809 1815 Fracture 1808 � � Infiltration 1804 1805 1.9 1804 JO 1795 1800 ; Appendix A Summary of Residential Comments U 2 OG d t E C>C y W 3 W m V1 Q C d « C G C m O T f+f u H CWC Z W u W 3 LL N > > > T T N p W o E 3` W d m d •p o yy o W m w P L T L T d T in C W J Y Z C CL h W W Z m Z LU z 1 LL V m O O C N W c ELL w m N '0 H c c v >LL c :w w j W w d E w c m 0 q ° 'n c d p Mvv_ a 3 0 d " > CLY L O s OT c irw cm m y ' >' d c LL jz ° ° o > O > y v � c cC E W •p T W o o aE ° WWcc53 c c d �mo m W m CL c w v W c L m e= m m e c d Y W E a L c -0 c -0 m v v > tR v a - > W c c 3 '0' ° w m v a m e H W v m « 17 `� m ' t c c w 'L•' T m N W W m W 3 N v>� m 9 V H O W 7 W N C1 7 ° W m W C CL C C C m 3 Y p O.G 000 C O ° 0 0 W O C 3 W - Y V O M m Lm c N o }W 0 .p m a c m 0 c W N Q w c d o M. t F H L > LvOi p E m o d N m c = A L N E > C « y Y, L a i CL c W o `m .` m « v ° _ c s .c w ^ m E u a Wu° U W C m m d W « m m 7 C > •O C Y y C _ L p W O0CL m m Z O O N W W Q U U N N O c ` L C Y d jC CL W W > w c o r •Z '� •� 3 « > > c_ a cE Ev :o « « W E n $ w c E .L nLW o 3 c m a o c f m m N c m o w p c m r z y c W 0 V O CO Y d .V 'C p w m L O W C j -0 a 9 -p N d N _ 2 W m L -p O 40.0 y 0 W mC O W N C p G •p W > .00 W p 3 ; C L Y m Cf ` . 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S o Ln� 5.0' 2.5' BROOMED FINISH 2.0' 4" TROWEL MARKS (SMOOTH FINISHED— 4" TYP. TROWELLED AFTER BROOM FINISH) ACTUAL DRIVEWAY D x 4.0' ry 5.0 2.0' 6" ACTUAL DRIVEWAY 5. , CURB (MIN. 14.0' MAX. 25.0') CURB TRANSITION TRANSITION 7.0' 4.0' WALK 3.0' APRON MAX 2.0%- m-- I—III—III—1 6„ a EXPANSION MATERIAL MEETING MNDOT 2521 NOT TO SCALE APPROVED JANUARY 1, 2018 SIDEWALK WITH 2 'ity CONCRETE SHOULDER GoldenValley CAT DRIVEWAY) CITY ENGINEER REG 23110 GV-STRT-010 Resolution 18-10 January 16, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT NO. 18-01: 2018 PAVEMENT MANAGEMENT PROGRAM BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: 1. That a public hearing held on this day at 6:30 pm, at the address of 7800 Golden Valley Road in the City of Golden Valley, Minnesota, after notice of said hearing duly published as required by law, this Council has consulted the view of all persons interested, and, being fully advised of the pertinent facts, does hereby determine to proceed with the construction of certain proposed public improvements for the said City, in accordance with the description of said improvements contained in said notice. 2. It is hereby found and determined that Public Improvements Project 18-01 are feasible and can best be constructed as set forth in said report and not in connection with some other improvements. (The Council reserves the right to consolidate said improvements with other public improvements if it seems advisable to do so.) It is further found that the improvements are effective and necessary. 3. The cost of said improvements shall be paid in part out of special assessment to be levied as set forth in said notice of public hearing. 4. The City Engineer is hereby designated as engineer for the proposed public improvements, and is hereby authorized, ordered and instructed to prepare final plans and specifications for said improvements and obtain proposals for the same in accordance with said report except as modified at the Public Hearing. 5. That the City Clerk shall prepare an Advertisement for Bids for making such improvements. The advertisement shall be published as required by statute, shall specify work to be done and shall state the time and place that the bids shall be opened and considered by the City Engineer and City Clerk, and that no bids will be considered unless sealed and filed with the Clerk. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, 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 his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 4. G. Public Hearing - Special Assessments - 2018 Pavement Management Program Area Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for the certification of special assessments for the 2018 Pavement Management Program area. On December 5, 2017, City Council called for the hearing for the Certification of Special Assessments that coincides with the 2018 Pavement Management Area. These special assessments help finance a portion of the costs to reconstruct the streets. The remaining costs are funded by bond sales that are paid back through a city tax levy. On December 20, 2017, all property owners were mailed a hearing notice of the assessment, resolution that will be considered, sample payment schedule and commonly asked questions. A legal notice was published December 28, 2017. Property owners will have until November 15, 2018, to make payment with no interest. After that date the amount will be certified and paid with property taxes at a 5% interest rate. 2018 Pavement Management Program - Includes various improvements for streets in the following locations: ∼ Earl Street: Mendelssohn Avenue North to Flag Avenue North ∼ Duluth Street: Independence Avenue North to Gettysburg Avenue North ∼ Duluth Street: Flag Avenue North to Ensign Avenue North ∼ Elgin Place: Cul-de-sac to Decatur Avenue North ∼ Independence Avenue North: Earl Street to Duluth Street ∼ Hillsboro Avenue North: Earl Street to Duluth Street ∼ Gettysburg Avenue North: Earl Street to Duluth Street ∼ Flag Avenue North: Earl Street to Duluth Street ∼ Ensign Avenue North: Duluth Street to 23rd Avenue North Attachments • List of Property Owners Assessed (2 pages) • Resolution Adopting and Confirming Assessments for Various Public Improvements in the 2018 Pavement Management Area (2 pages) • Project Area Map (1 Page) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments for Various Public Improvements in the 2018 Pavement Management Program Area. PID PROPERTY ADDRESS DEFERRED LEVIED TOTAL 3011821240011 8945 23RD AVE N 3,450.00 3,450.00 3011821240048 9000 DULUTH ST 6,900.00 6,900.00 3011821240049 9020 DULUTH ST 6,900.00 6,900.00 3011821240050 9030 DULUTH ST 6,900.00 6,900.00 3011821240051 9040 DULUTH ST 6,900.00 6,900.00 3011821230137 9185 DULUTH ST 6,900.00 6,900.00 3011821230128 9150 EARL ST 6,900.00 6,900.00 3011821230146 9200 EARL ST 6,900.00 6,900.00 3011821230147 9250 EARL ST 6,900.00 6,900.00 3011821230163 9300 EARL ST 6,900.00 6,900.00 3011821320024 9345 EARL ST 3,450.00 3,450.00 3011821230164 9350 EARL ST 6,900.00 6,900.00 3011821320035 9385 EARL ST 3,450.00 3,450.00 3011821230180 9400 EARL ST 6,900.00 6,900.00 3011821240039 8945 ELGIN PL 3,450.00 3,450.00 3011821240042 9000 ELGIN PL 6,900.00 6,900.00 3011821240046 9001 ELGIN PL 6,900.00 6,900.00 3011821240053 9015 ELGIN PL 6,900.00 6,900.00 3011821240043 9018 ELGIN PL 6,900.00 6,900.00 3011821240052 9025 ELGIN PL 6,900.00 6,900.00 3011821240044 9036 ELGIN PL 6,900.00 6,900.00 3011821240045 9050 ELGIN PL 6,900.00 6,900.00 3011821240001 2016 ENSIGN AVE N 6,900.00 6,900.00 3011821240038 2110 ENSIGN AVE N 6,900.00 6,900.00 3011821240047 2117 ENSIGN AVE N 6,900.00 6,900.00 3011821240008 2130 ENSIGN AVE N 3,450.00 3,450.00 3011821240041 2145 ENSIGN AVE N 6,900.00 6,900.00 3011821240009 2150 ENSIGN AVE N 6,900.00 6,900.00 3011821240010 2200 ENSIGN AVE N 6,900.00 6,900.00 3011821240055 2233 ENSIGN AVE N 6,900.00 6,900.00 3011821240054 2255 ENSIGN AVE N 3,450.00 3,450.00 3011821230127 1901 FLAG AVE N 6,900.00 6,900.00 3011821230126 1905 FLAG AVE N 6,900.00 6,900.00 3011821230125 1909 FLAG AVE N 6,900.00 6,900.00 3011821230124 1913 FLAG AVE N 6,900.00 6,900.00 3011821230123 1917 FLAG AVE N 6,900.00 6,900.00 3011821230122 2001 FLAG AVE N 6,900.00 6,900.00 3011821230121 2005 FLAG AVE N 6,900.00 6,900.00 3011821230120 2009 FLAG AVE N 6,900.00 6,900.00 3011821230119 2013 FLAG AVE N 6,900.00 6,900.00 3011821230118 2017 FLAG AVE N 6,900.00 6,900.00 3011821230129 1904 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230145 1905 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230130 1908 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230144 1909 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230131 1912 GETTYSBURG AVE N 6,900.00 6,900.00 CITY OF GOLDEN VALLEY 2018 PAVEMENT MANAGEMENT PROGRAM LEVY PID PROPERTY ADDRESS DEFERRED LEVIED TOTAL 3011821230132 1916 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230143 1917 GETTYSBURG AVE N 6,900.00 6,900.00 13,800.00 3011821230133 2000 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230142 2001 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230134 2004 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230141 2005 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230135 2008 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230140 2009 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230136 2012 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230139 2013 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230138 2017 GETTYSBURG AVE N 6,900.00 6,900.00 3011821230148 1904 HILLSBORO AVE N 6,900.00 6,900.00 3011821230162 1905 HILLSBORO AVE N 6,900.00 6,900.00 3011821230149 1908 HILLSBORO AVE N 6,900.00 6,900.00 3011821230150 1912 HILLSBORO AVE N 6,900.00 6,900.00 3011821230161 1913 HILLSBORO AVE N 6,900.00 6,900.00 3011821230160 1915 HILLSBORO AVE N 6,900.00 6,900.00 3011821230151 1916 HILLSBORO AVE N 6,900.00 6,900.00 13,800.00 3011821230159 1917 HILLSBORO AVE N 6,900.00 6,900.00 3011821230158 2001 HILLSBORO AVE N 6,900.00 6,900.00 3011821230152 2004 HILLSBORO AVE N 6,900.00 6,900.00 3011821230157 2005 HILLSBORO AVE N 6,900.00 6,900.00 3011821230156 2009 HILLSBORO AVE N 6,900.00 6,900.00 3011821230153 2012 HILLSBORO AVE N 6,900.00 6,900.00 3011821230155 2013 HILLSBORO AVE N 6,900.00 6,900.00 13,800.00 3011821230154 2016 HILLSBORO AVE N 6,900.00 6,900.00 3011821320001 1821 INDEPENDENCE AVE N 3,450.00 3,450.00 3011821230165 1902 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230166 1904 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230179 1905 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230178 1909 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230167 1912 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230177 1913 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230168 1916 INDEPENDENCE AVE N 6,900.00 6,900.00 13,800.00 3011821230176 1917 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230169 2004 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230175 2005 INDEPENDENCE AVE N 6,900.00 6,900.00 13,800.00 3011821230170 2008 INDEPENDENCE AVE N 6,900.00 6,900.00 13,800.00 3011821230174 2009 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230173 2013 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230171 2016 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821230172 2017 INDEPENDENCE AVE N 6,900.00 6,900.00 3011821320023 1820 MENDELSSOHN AVE N 3,450.00 3,450.00 3011821230181 1900 MENDELSSOHN AVE N 3,450.00 3,450.00 3011821320120 9300 NAPER ST 31,889.20 31,889.20 3011821310003 9000 PLYMOUTH AVE N 111,615.59 111,615.59 TOTALS 153,015.59 621,839.20 774,854.79 Resolution 18-11 January 16, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2018 PAVEMENT MANAGEMENT AREA 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed 2018 Pavement Management Area 10 5% 2019 $621,839.20 Deferred Assessments $153,015.59 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2019 through December 31, 2019, will be payable with general taxes for the year of 2018, collectible in 2019, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 15, 2018. Resolution No. 18-11 -2- January 16, 2018 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, 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 his signature attested by the City Clerk. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! I n d e p e n d e n c e A v e N H i l l s b o r o A v e N Earl St G e t t y s b u r g A v e N F l a g A v e N F l a g A v e N Elgin Pl D e c a t u r A v e N M e n d e l s s o h n A v e N Naper St M e n d e l s s o h n A v e N A l l e y -U n i m p r o v e d - -Unimproved- -Unimproved- (M e n d e l s s o h n L n ) A l l e y DuluthSt Duluth St C a v e l l A v e N E n s i g n A v e N El g i n Pl 2 3 r d Ave N Medle y L n (Medley C i r )H i l l s b o r o A v e N (E n gl ish Cir ) (M a y f air R d ) (Kin g s V a l l e y Rd) (K ings V a l l e y R d E ) ( K i n g s V a ll e yRd W ) ( S tr o d e n C ir) ( T ama rin Tr ) ( M a r q u i s R d) W h e e l e r B l v d H w y 1 6 9 H w y 1 6 9 G e t t y s b u r g C t MedleyPark Go ld en R id geNature Area General Mills ResearchNature AreaI 0 300 600150Feet 2018 PMP Print Date: 10/21/2016Sources:-Hennepin County Surveyors Office for Property Lines (2016) & Aerial Photography (2012).-City of Golden Valley for all other layers. CIP Streets 2018 1.30 miles local Executive Summary For Action Golden Valley City Council Meeting January 16, 2018 Agenda Item 6. A. First Consideration - Ordinance #630 - Amendment to City Code Section 6.43 Peddlers and Solicitors Prepared By Jason Sturgis, Chief of Police Summary At the January 9, 2018, Council/Manager meeting, Council requested staff to bring forth amendments to Section 6.43 Peddlers/Solicitors of the City Code to incorporate language clarifying political canvassing. Staff recommends the following code amendment under Subdivision 1 Definitions: F. Non-Commercial Advocate: means a person who goes place to place, or house to house, for the primary purpose of disseminating religious, political, social, or other ideological beliefs.but not a person engaged in political canvassing. Political canvassers are not required to obtain a permit under federal or state law, or under any Golden Valley ordinance. A political candidate’s right to express her or his views and to distribute literature are protected under the First Amendment of the U.S. Constitution (freedom of speech). Nevertheless, homeowners can choose not to engage with political canvassers if they wish. The City Attorney has reviewed the proposed code amendment. Attachments • City Code Section 6.43 Peddlers and Solicitors with underline/overstruck (1 page) • Ordinance #630, Amendment to City Code Section 6.43 Peddlers and Solicitors (1 page) Recommended Action Motion to adopt first consideration Ordinance #630, Amendment to City Code Section 6.43 Peddlers and Solicitors. Golden Valley City Code Page 1 Section 6.43: Peddlers and Solicitors Subdivision 1. Definitions For the purpose of this Section, the following terms have the meanings stated: A. Peddler: means any person who goes from place to place, or house to house, in the City selling or taking orders for the immediate delivery upon sale of (i) goods or services, or (ii) the making, manufacturing or repairing of any article or thing whatsoever. The term does not include a person engaged in the activity of selling or taking of orders on behalf of a Nonprofit Organization when the selling is done to, or the taking of orders is from, members of one specific Nonprofit Organization, nor does the term include any person who sells or delivers goods or services to established customers in the regular course of business. B. Peddling: means the act of being a Peddler. C. Solicitor: means any Peddling where the order for services or goods is for future delivery or for the acceptance, demand, or receipt of payment or deposit of money, and/or the solicitation of money or funds. D. Soliciting: means the act of being a Solicitor. E. Nonprofit Organization: means a charitable, religious, political or educational organization if such organization is registered with the Secretary of State pursuant to the provisions of Minnesota Statutes, Section 309.52 as a charitable organization or is exempted therefor pursuant to the provisions of Section 309.515. F. Non-Commercial Advocate: means a person who goes place to place, or house to house, for the primary purpose of disseminating religious, political, social, or other ideological beliefs.but not a person engaged in political canvassing. ORDINANCE NO., 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending City Code Section 6:43: Peddlers and Solicitors The City Council of the City of Golden Valley ordains as follows: Section 1. City Code Section 6:43, Subdivision 1(F) Non-Commercial Advocate is hereby amended to read as follows: F. Non-Commercial Advocate: means a person who goes place to place, or house to house, for the primary purpose of disseminating religious, social, or other ideological beliefs but not a person engaged in political canvassing. Section 2. 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 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 16 day of January, 2018. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk