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HomeMy WebLinkAboutCity Council Packet_2-10-16CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA February 10, 2016 at 7:00 P.M. A.CALL TO ORDER: B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___ FISCHER ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ C.PRESENTATIONS: 1.Housing Resource Center D. APPROVAL OF MINUTES: 1. January 27, 2016 City Council Meeting Minutes E.PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 2/02/16 $361,561.88 Payroll through: 1/31/16 $17,706.80 2. 2015 PMP – Roselawn Ave Pay Request #1 3.Sanitary Sewer Cleaning Program 4.Lauderdale Recreation Agreement G: POLICY ITEMS: 1. MnDot Master Partnership Contract 2.Ramsey County Joint Powers Agreement for New Voting System and Operation H.INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J.ADJOURNMENT: BLANK PAGE  Greater Metropolitan Housing Corporation HousingResource Center™ Services Presentation to Falcon Heights City Council February 10, 2016 1 of 108 Greater Metropolitan Housing Corporation The Greater Metropolitan Housing Corporation (GMHC) is a nonprofit housing organization established in 1970. Our purpose is to preserve, improve and increase affordable housing and assist communities with housing revitalization. 2 of 108 To accomplish our purpose we: Support development of affordable housing with predevelopment loans Build or renovate homes to sell to moderate income families and individuals Provide ethically priced and sound mortgage financing to homebuyers Deliver community-based housing services through the HousingResource Center Program 3 of 108 Greater Metropolitan Housing Corporation Housing Resource Center Services Services Provided 2004 - 2015 Rehab advisory services Site visits 152 Written Scope of Work 8 Phone consultations/Center Appointments 215 Financing 12 Minnesota Housing Ramsey County Deferred Loan (2 on wait list) Rebuilding Together Information and referrals 552 4 of 108 Housing Resource Center Services The Housing Resource Center provides homeowners with high quality, individualized assistance: •Home improvement financing •Construction Consultations •Information and referrals 5 of 108 Home Improvement Financing Ramsey County Deferred Loan Program Minnesota Housing Loan Programs * Fix up Fund Secured and Unsecured * Rehabilitation Loan * Emergency and Accessibility Loan 6 of 108 Ramsey County Deferred Loan Owner-occupied households: property valued at or below $251,750 Households may earn up to 80% Area Median: e.g. $69,280 for a household of 4 Up to $15,000 no-interest, deferred loan Households up to 50% of Area Median: Loan forgiven 10% per year for 10 years Households between 51% and 80%: Due on Sale, transfer of title, or no longer principal residence 7 of 108 Minnesota Housing Loans Fix up Fund: Regular Secured Owner-occupied; Household income up to $99,500 Maximum loan $50,000 @ 5.99% Maximum term: 20 years Up to 110% loan to value after rehab Minimum credit score: 620 ● General improvements: interior & exterior 8 of 108 Minnesota Housing Loans Fix up Fund: Unsecured Owner-occupied: Household income up to $99,500 Maximum loan $10,000 @ 6.99% Maximum term: 10 years No loan to value limit Minimum credit score: 680 General improvements: interior & exterior 9 of 108 Minnesota Housing Loans Fix-up Fund: Basic Energy Conservation Owner-occupied: household income up to $99,500 Maximum loan: $7,500 @ 4.99% Maximum term:10 years Up to 110% loan to value after rehab Minimum credit score: 620 10 of 108 Minnesota Housing Loans Rehabilitation Loan Owner-occupied: household income up to 30% Area Median: $26,000 for a family of 4 Maximum loan: $27,000, no-interest deferred Forgiven after 15 years No credit score minimum Emergency and Accessibility Loan ● Up to $15,000 Same terms as above 11 of 108 Construction Consultations GMHC Construction Manager is available to all Falcon Heights residents to provide consul- tations by phone, at the Center or at their homes at no cost to the resident. 12 of 108 Construction Consultations The type of assistance sought often includes: On site assessment of home improvement needs Determine possible solutions A scope of work to use in bidding project Product selection Contractor information Bid review Inspection of work 13 of 108 Information and Referrals Professional staff available to assist with a wide range of housing issues. If not a service provided by the HousingResource Center, can direct callers to the appropriate source. E.g., foreclosure prevention counselor; home buyer education courses; energy assistance programs 14 of 108 Contact Us HousingResource Center - North & East Metro 1170 Lepak Court Shoreview, MN 55126 651 486-7401 www.gmhchousing.org 15 of 108 BLANK PAGE  16 of 108 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES January 27, 2016 at 7:00 P.M. A. CALL TO ORDER: 7:00pm B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER _X__ FISCHER _X__ GUSTAFSON_X__ STAFF PRESENT: THONGVANH_X___ C. PRESENTATIONS: D. APPROVAL OF MINUTES: 1. January 6, 2016 City Council Work Session Meeting Minutes Approved 2. January 13, 2016 City Council Meeting Minutes Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 1/20/16 $82,238.53 Payroll through: 1/15/16 $16,121.40 2. Approval of City License(s) 3. Designated City Signors for City Funds, Investments and Transfers 4. Appointment of Walt Dunlap to the Parks and Recreation Commission 5. Fire Department Appointment of Ian McCready 6. Resignation of Michael Tester from the Falcon Heights Volunteer Fire Department 7. Authorization to Apply for the Good Neighbors Fund Grant for Bike Fixit Stations Council Member Gustafson Moves, Approved 3-0 G: POLICY ITEMS: 1. Mutual Aid Agreement - Closest Emergency Response Unit • This is a joint powers agreement with the city fire departments of Maplewood, St. Paul, Lake Johanna, Roseville, Little Canada, North St. Paul, New Brighton, and White Bear Lake. The agreement is to provide and receive mutual aid, and to dispatch the closest equipment and personnel to emergency events (i.e. cardiac arrest and structure fires). The city currently participates in mutual aid with surrounding cities, but the city would have to call to receive that mutual aid. The proposed joint powers 1 | Page 17 of 108 agreement would automatically dispatch the closest unit, and the City Fire Department would still be dispatched along with the closest unit. Council Member Gustafson Moves, Approved 3-0 I. INFORMATION/ANNOUNCEMENTS: Council Member Fischer: • He attended the Community Engagement Commission Annual Meeting on Monday. MN Dept. of Human Rights Commissioner spoke and engaged the audience with discussion. Our County Commissioner, Janice Rettman, was also in attendance. Council Member Gustafson: • Parks and Recreation Commission changed their meeting time to the first Monday of the month instead of the third Monday. At the meeting on Monday they plan to finalize their recommendations to the council for the overall vision of the parks. Mayor Pro Tem Brown Thunder: • NYFS is in fundraising mode with planning the golf tournament for the summer. The senior chore program is still open if any seniors are in need of assistance (i.e. snow removal). • The Lions Club is offering $1,000 scholarships to Roseville Area High School graduates. • Winterfest is this Sunday, January 31 from 1-4pm at Community Park. City Administrator Sack Thongvanh: • The Good Acre Manager Reece Williams will be presenting and talking about the facilities on February 22nd at 7pm at City Hall. The event is sponsored by the Lions Club, City of Falcon Heights, and City of Lauderdale. • OLLI is running a six week course on Human Prehistory at City Hall. The course is open to Falcon Heights residents for $5, and takes place on Wednesdays from January 27th to March 2nd from 10-11:30am. • AARP will be doing taxes at City Hall starting February 2nd on Tuesdays and Thursdays from 9am-Noon. • Falcon Heights Elementary Family Fun Night will be held on February 5th from 5:30-8:30pm at Falcon Heights Elementary. Admission is free, and tickets and food are available for purchase. J. COMMUNITY FORUM: K. ADJOURNMENT: 7:21pm _____________________________ Joe Brown Thunder, Mayor Pro Tem Dated this 27th day of January, 2016 __________________________________ Sack Thongvanh, City Administrator 2 | Page 18 of 108 REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 2/02/16: $361,561.88 Payroll through: 1/31/16: $17,706.80 Budget Impact The general disbursements and payroll are consistent with the budget. Attachment(s) • General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date February 10, 2016 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ 19 of 108 BLANK PAGE  20 of 108 21 of 108 22 of 108 23 of 108 24 of 108 25 of 108 26 of 108 27 of 108 28 of 108 29 of 108 BLANK PAGE  30 of 108 REQUEST FOR COUNCIL ACTION The City That Soars! Item 2015 PMP – Roselawn Ave Pay Request Description Attached is the Roselawn cost breakdown. Page 4 shows the funding source breakdown best. Column 001 is Roseville’s portion of Roselawn. Column 002 is Falcon Height’s portion of Roselawn. Column 003 is Falcon Height’s portion for the Trail on Roselawn Column 004 is Roseville’s portion of storm on Roselawn Column 005 is Falcon Height’s portion of storm sewer on Roselawn. Columns 006-009 are Roseville’s cost related to water, sanitary and other streets as part of the same contract. The summary of costs for Falcon Heights is as follows; Funding Category 002 – Roselawn Street (50% of Costs) = $211,577.44 Funding Category 003 – Roselawn Trail (100% of Costs) = $35,666.12 Funding Category 005 – Roselawn Storm (50% of Costs) = $16,137.03 Payment Estimate #1 = $263,380.59 Total Project Cost = $266,041 The actual cost came in less than the estimated cost of $287,277. Roseville has retained 1% of the total project costs and will pay this out when the project is finished. Roseville will invoice Falcon Heights for the 1% when the complete is deemed substantially completed and the warrant period will commence. Budget Impact Current impact would be the reduction of city fund because of the inter- government loan approve by Council to temporary pay for the project. The City will be refunded with the 2017 bonding. Meeting Date February 10, 2016 Agenda Item Consent F2 Attachment Pay Request #1 Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 31 of 108 Attachment(s) • Pay Request • Invoice Action(s) Requested Staff would recommend approval of pay request and invoice for the 2015 PMP – Roselawn Ave Project. 32 of 108 CITY OF ROSEVILLE  2660 Civic Center Dr Roseville, MN 55113  Project SAP 160­243­006 [15­04A] ­ 2015 Pavement Management Project ­ Seg 1  Project SAP 160­243­006 [15­04B] ­ 2015 Pavement Management Project ­ Seg 2  Contract Pay Request No. 4 Contractor:   Park Construction Co.  1481 81st Avenue NE  Minneapolis, MN 55432 Contract No. 15­04 Vendor No. N/A For Period: 10/1/2015 ­ 1/21/2016 Warrant # __________ Date ___________ Contract Amounts Original Contract $2,312,776.03 Contract Changes $270,101.11 Revised Contract $2,582,877.14 Funds Encumbered Original $2,312,776.03 Additional N/A Total $2,312,776.03    Work Certified This Request Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date   Contract 15­04 $1,475,943.19 $2,478,458.09 $24,784.58 $952,389.15 $1,501,284.36 $2,453,673.51 Percent Retained: 1%Percent Complete: 95.9573% Amount Paid This Contract Pay Request $1,501,284.36   SAP 160­243­006 [15­04A]$637,266.51 $997,271.49 $9,972.71 $342,004.73 $645,294.05 $987,298.78 Percent Retained: 1%Percent Complete: 98.8576% SAP 160­243­006 [15­04B]$838,676.68 $1,481,186.60 $14,811.87 $610,384.42 $855,990.31 $1,466,374.73 Percent Retained: 1%Percent Complete: 94.0985%   This is to certify that the items of work shown in this certificate of Pay Request have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By     County/City/Project Engineer     Date Approved By Park Construction Co.     Contractor     Date 33 of 108 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113  Project No. SAP 160­243­006 [15­04A], SAP 160­243­006 [15­04B] Contract Pay Request No. 4 Contract Payment Summary From Date To Date Work Certified Per Period Amount Retained Per Period Amount Paid Per Period Amount Paid To Date 05/18/2015 06/08/2015 $366,522.17 $18,326.11 $348,196.06 $348,196.06 06/09/2015 06/25/2015 $250,815.87 $12,540.79 $238,275.08 $586,471.14 06/26/2015 09/30/2015 $385,176.86 $19,258.85 $365,918.01 $952,389.15 10/01/2015 01/21/2016 $1,475,943.19 ($25,341.17)$1,501,284.36 $2,453,673.51 Totals:$2,478,458.09 $24,784.58 $2,453,673.51     SAP 160­243­006 [15­04A] Payment Summary No. From Date To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 05/18/2015 06/08/2015 $47,598.80 $2,379.94 $45,218.86 2 06/09/2015 06/25/2015 $149,073.78 $7,453.69 $141,620.09 3 06/26/2015 09/30/2015 $163,332.40 $8,166.62 $155,165.78 4 10/01/2015 01/21/2016 $637,266.51 ($8,027.54)$645,294.05 Totals:$997,271.49 $9,972.71 $987,298.78   SAP 160­243­006 [15­04B] Payment Summary No. From Date To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 05/18/2015 06/08/2015 $318,923.37 $15,946.17 $302,977.20 2 06/09/2015 06/25/2015 $101,742.09 $5,087.10 $96,654.99 3 06/26/2015 09/30/2015 $221,844.46 $11,092.23 $210,752.23 4 10/01/2015 01/21/2016 $838,676.68 ($17,313.63)$855,990.31 Totals:$1,481,186.60 $14,811.87 $1,466,374.73 34 of 108 CITY OF ROSEVILLE  2660 Civic Center Dr Roseville, MN 55113  Project SAP 160­243­006 [15­04A] ­ 2015 Pavement Management Project ­ Seg 1  Pay Request No. 4 Contractor:   Park Construction Co.  1481 81st Avenue NE  Minneapolis, MN 55432 Contract No. 15­04 Vendor No. N/A For Period: 10/1/2015 ­ 1/21/2016 Warrant # __________ Date ___________ Contract Amounts Original Contract $955,310.73 Contract Changes $53,485.16 Revised Contract $1,008,795.89 Funds Encumbered Original $955,310.73 Additional N/A Total $955,310.73 Work Certified To Date Base Bid Items $943,786.33 Backsheet $2,697.27 Change Order $30,743.27 Supplemental Agreement $20,044.62 Work Order $0.00 Material On Hand $0.00 Total $997,271.49      Work Certified This Request Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date Amount Paid This Pay Request $645,294.05   SAP 160­243­006 [15­04A]$637,266.51 $997,271.49 $9,972.71 $342,004.73 $645,294.05 $987,298.78 Percent Retained: 1%Percent Complete: 98.8576% 35 of 108 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113  Project No. SAP 160­243­006 [15­04A] Pay Request No. 4 SAP 160­243­006 [15­04A] Payment Summary No. From Date To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 05/18/2015 06/08/2015 $47,598.80 $2,379.94 $45,218.86 2 06/09/2015 06/25/2015 $149,073.78 $7,453.69 $141,620.09 3 06/26/2015 09/30/2015 $163,332.40 $8,166.62 $155,165.78 4 10/01/2015 01/21/2016 $637,266.51 ($8,027.54)$645,294.05 Totals:$997,271.49 $9,972.71 $987,298.78   SAP 160­243­006 [15­04A] Funding Category Report Funding Category No. Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date 001 427,429.17 4,274.29 15,229.92 407,924.96 423,154.88 002 32,600.06 326.00 0.00 32,274.06 32,274.06 003 36,026.38 360.26 0.00 35,666.12 35,666.12 006 0.00 0.00 0.00 0.00 0.00 007 301,248.00 3,012.48 152,185.94 146,049.58 298,235.52 008 0.00 0.00 0.00 0.00 0.00 009 199,967.86 1,999.68 174,588.86 23,379.32 197,968.18 Totals:$997,271.47 $9,972.71 $342,004.72 $645,294.03 $987,298.76   SAP 160­243­006 [15­04A] Funding Source Report Accounting No. Funding Source Amount Paid This Request Revised Contract Amount Funds Encumbered To Date Paid To Contractor To Date 001 Municipal (MSAS > 5000)203,962.48 168,215.19 166,371.56 211,577.44 002 Municipal (MSAS > 5000) ­ Falcon Heights 203,962.48 168,215.19 166,371.56 211,577.44 003 Local ­ Streets ­ Falcon Heights 35,666.12 99,478.67 99,478.67 35,666.12 004 Local ­ Storm Sewer 16,137.03 24,900.88 21,428.00 16,137.03 005 Local ­ Storm Sewer ­ Falcon Heights 16,137.03 24,900.88 21,428.00 16,137.0336 of 108 006 Local ­ Street 0.00 0.00 0.00 0.00 007 Municipal (MSAS > 5000)23,379.32 232,114.29 219,015.43 197,968.18 008 Sanitary Sewer Utility Fund 0.00 0.00 0.00 0.00 009 Water Utility Fund 146,049.58 290,970.78 261,217.51 298,235.52 Totals:$645,294.04 $1,008,795.89 $955,310.73 $987,298.77 37 of 108 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113  Project No. SAP 160­243­006 [15­04A] Pay Request No. 4 SAP 160­243­006 [15­04A] Project Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date Base Bid  1 2021.501 MOBILIZATION LS $42,200.00 1 0.25 $10,550.00 1 $42,200.00 53 2104.501 REMOVE WATER MAIN L F $10.10 60 78.5 $792.85 102.5 $1,035.25 2 2104.501 REMOVE SEWER PIPE (STORM)L F $10.10 70 9 $90.90 9 $90.90 3 2104.501 REMOVE CONCRETE CURB L F $2.41 925 1200.5 $2,893.21 1363.5 $3,286.04 60 2104.501 REMOVE WATER SERVICE PIPE L F $10.10 170 52 $525.20 52 $525.20 4 2104.503 REMOVE CONCRETE SIDEWALK S F $3.52 200 538 $1,893.76 560.36 $1,972.47 5 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y $14.12 30 29.8 $420.78 29.8 $420.78 6 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT S Y $14.22 30 178.5 $2,538.27 320.06 $4,551.25 46 2104.505 REMOVE BITUMINOUS PATHWAY S Y $12.21 26 137.7 $1,681.32 137.7 $1,681.32 7 2104.509 REMOVE CATCH BASIN EACH $505.00 7 10 $5,050.00 10 $5,050.00 47 2104.509 REMOVE HANDHOLE EACH $500.00 2 1 $500.00 1 $500.00 8 2104.511 SAWING CONCRETE PAVEMENT L F $3.80 540 157 $596.60 236 $896.80 9 2104.513 SAWING BITUMINOUS PAVEMENT L F $1.90 600 330 $627.00 676 $1,284.40 70 2104.523 SALVAGE CASTING EACH $202.00 8 8 $1,616.00 8 $1,616.00 52 2104.523 SALVAGE HYDRANT & VALVE EACH $915.00 4 4 $3,660.00 4 $3,660.00 34 2105.501 COMMON EXCAVATION (BITUMINOUS PAVEMENT RECLAMATION)CY $12.04 1910 2244 $27,017.76 2244 $27,017.76 10 2105.507 SUBGRADE EXCAVATION C Y $24.88 50 1220 $30,353.60 1296.5 $32,256.92 35 2112.501 AGGREGATE GRADING AND COMPACTION STA $165.71 26.5 26.5 $4,391.32 26.5 $4,391.32 48 2112.501 AGGREGATE GRADING AND COMPACTION­ PATHWAY STA $70.78 25.5 25.5 $1,804.89 25.5 $1,804.89 11 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $130.00 36 29.5 $3,835.00 29.5 $3,835.00 12 2211.501 AGGREGATE BASE CLASS 5 TON $30.85 24 331.84 $10,237.26 355.68 $10,972.73 36 2232.501 EDGE MILL BITUMINOUS SURFACE S Y $12.20 70 0 $0.00 0 $0.00 50 2232.501 MILL BITUMINOUS SURFACE (2.0")S Y $1.07 17807 553.5 $592.25 18353.5 $19,638.2538 of 108 50 2232.501 MILL BITUMINOUS SURFACE (2.0")S Y $1.07 17807 553.5 $592.25 18353.5 $19,638.25 37 2331.603 SAW AND SEAL CONTROL JOINT IN BITUMINOUS PAVEMENT L F $3.00 3400 3285 $9,855.00 3285 $9,855.00 42 2331.604 BITUMINOUS PAVEMENT RECLAMATION­ PATHWAY SY $0.61 2268 2173 $1,325.53 2173 $1,325.53 38 2331.604 BITUMINOUS PAVEMENT RECLAMATION S Y $0.88 10035 9606 $8,453.28 9606 $8,453.28 39 2331.609 BIT MIXTURE FOR PATCHING (MOD)TON $165.32 10 7.28 $1,203.53 32.88 $5,435.72 13 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL $2.82 1940 750 $2,115.00 1600 $4,512.00 74 2360.5 SPWEA330C NON­WEARING COURSE TON $70.06 1270 1296.34 $90,821.58 1296.34 $90,821.58 75 2360.501 SPWEA330B WEARING COURSE MIX TON $63.37 2165 0 $0.00 1794.72 $113,731.41 45 2360.501 TYPE SPWEA240B WEARING COURSE MIX DRIVEWWAY TON $142.57 10 12.75 $1,817.77 12.75 $1,817.77 49 2360.501 TYPE SPWEA240B WEARING COURSE MIX PATHWAY TON $70.80 465 428.7 $30,351.96 428.7 $30,351.96 73 2360.501 TYPE SPWEA330C WEARING COURSE MIX TON $69.89 1270 1374.61 $96,071.49 1374.61 $96,071.49 14 2503.511 12" RC PIPE SEWER L F $52.60 70 9 $473.40 9 $473.40 69 2503.603 8" HDPE PIPE SEWER(DIRECTIONALY DRILLED)L F $64.90 180 0 $0.00 0 $0.00 56 2504.601 TEMPORARY WATER SERVICE LS $22,000.00 1 0 $0.00 1 $22,000.00 61 2504.602 RECONNECT WATER SERVICE EACH $538.00 17 16 $8,608.00 16 $8,608.00 57 2504.602 CONNECT TO EXISTING WATERMAIN (SPEC) EACH $2,080.00 5 5 $10,400.00 8 $16,640.00 15 2504.602 INSTALL HYDRANT EACH $4,770.00 4 4 $19,080.00 4 $19,080.00 44 2504.602 ADJUST GATE VALVE EACH $230.92 16 11 $2,540.12 16 $3,694.72 62 2504.602 1" CORPORATION STOP EACH $372.00 17 16 $5,952.00 16 $5,952.00 55 2504.602 6" GATE VALVE AND BOX EACH $2,190.00 11 7 $15,330.00 12 $26,280.00 58 2504.603 INSTALL 6" DIP WATER MAIN L F $55.10 60 110.5 $6,088.55 110.5 $6,088.55 63 2504.603 1" TYPE K COPPER PIPE L F $41.50 170 52 $2,158.00 52 $2,158.00 54 2504.603 6" WATERMAIN HDPE (PIPE BURSTING) LF $50.80 2650 567 $28,803.60 2615 $132,842.00 16 2504.604 4" POLYSTYRENE INSULATION S Y $65.10 80 0 $0.00 96 $6,249.60 59 2504.608 WATERMAIN FITTINGS LB $10.40 845 952 $9,900.80 1021 $10,618.40 66 2506.502 CONSTRUCT CATCH BASIN TYPE B OVER EXISTING PIPE EACH $2,660.00 3 3 $7,980.00 3 $7,980.00 17 2506.502 CONSTRUCT MANHOLE TYPE B EACH $3,210.00 3 3 $9,630.00 3 $9,630.00 18 2506.502 CONSTRUCT CATCH BASIN TYPE A EACH $2,430.00 1 1 $2,430.00 1 $2,430.00 67 2506.502 CONSTRUCT CATCH BASIN TYPE B EACH $2,660.00 5 6 $15,960.00 6 $15,960.00 68 2506.502 CONSTRUCT MANHOLE TYPE B OVER EXISTING PIPE EACH $3,210.00 1 0 $0.00 0 $0.0039 of 108 68 2506.502 EXISTING PIPE EACH $3,210.00 1 0 $0.00 0 $0.00 19 2506.503 RECONSTRUCT MANHOLE/CATCH BASIN L F $415.00 7 5.6 $2,324.00 15.6 $6,474.00 64 2506.521 MANHOLE CASTING R­1976 EACH $743.00 1 1 $743.00 1 $743.00 43 2506.522 ADJUST CATCH BASIN FRAME AND RING EA $331.00 10 3 $993.00 10 $3,310.00 20 2506.522 ADJUST MANHOLE FRAME & RING EACH $674.78 9 10 $6,747.80 14 $9,446.92 21 2506.522 HANDHOLE TYPE­PVC METAL COVER EACH $1,000.00 2 2 $2,000.00 2 $2,000.00 51 2506.522 ADJUST MANHOLE (FITTED STEEL RING) EACH $158.44 29 0 $0.00 4 $633.76 22 2521.501 4" CONCRETE WALK S F $6.75 150 0 $0.00 0 $0.00 76 2521.501 6" CONCRETE SIDEWALK S F $6.75 200 592 $3,996.00 592 $3,996.00 23 2531.501 CONCRETE CURB & GUTTER DESIGN B618 L F $30.20 525 0 $0.00 163 $4,922.60 24 2531.501 CONCRETE CURB & GUTTER DESIGN B624 L F $34.20 400 1045 $35,739.00 1045 $35,739.00 25 2531.507 6" CONCRETE DRIVEWAY PAVEMENT S Y $78.50 30 163.3 $12,819.05 163.3 $12,819.05 26 2531.618 TRUNCATED DOMES S F $37.00 64 24 $888.00 24 $888.00 27 2563.601 TRAFFIC CONTROL LS $5,250.00 1 0.1 $525.00 1 $5,250.00 71 2565.602 NMC LOOP DETECTOR 6'X6'EACH $1,100.00 4 4 $4,400.00 4 $4,400.00 72 2565.602 NMC LOOP DETECTOR 6'X12'EACH $1,500.00 2 2 $3,000.00 2 $3,000.00 28 2573.502 SILT FENCE, TYPE MACHINE SLICED L F $3.75 400 400 $1,500.00 400 $1,500.00 29 2573.530 STORM DRAIN INLET PROTECTION EACH $206.90 30 10 $2,069.00 30 $6,207.00 30 2573.533 SEDIMENT CONTROL LOG TYPE COMPOST L F $3.75 400 140 $525.00 140 $525.00 31 2575.505 SODDING TYPE SALT RESISTANT S Y $12.00 1690 87 $1,044.00 253.2 $3,038.40 32 2575.604 HYDROSEED WITH 6" TOPSOIL S Y $9.10 5000 0 $0.00 0 $0.00 65 2582.501 PAVT MSSG (RT ARROW) EPOXY EACH $175.00 1 1 $175.00 2 $350.00 40 2582.502 4" SOLID LINE WHITE­EPOXY L F $0.41 5477 2377 $974.57 5477 $2,245.57 41 2582.502 4" DOUBLE SOLID LINE YELLOW­EPOXY L F $0.82 7181 2337 $1,916.34 6937 $5,688.34 33 2582.503 CROSSWALK MARKING­EPOXY S F $5.30 486 450 $2,385.00 540 $2,862.00 Totals For Section Base Bid:  $583,781.34  $943,786.33 Backsheet 1 91 2360.501 ASPHALT DENSITY INCENTIVE LS $2,697.27 1 1 $2,697.27 1 $2,697.27 Totals For Backsheet 1:  $2,697.27  $2,697.27 Change Order 1 81 2504.602 WATER SERVICE SYSTEM EACH $3,533.51 1 1 $3,533.51 1 $3,533.51 Totals For Change Order 1:  $3,533.51  $3,533.51 Change Order 2 84 2506.602 TELEVISE SANITARY SERVICE LS $664.12 1 1 $664.12 1 $664.1240 of 108 Totals For Change Order 2:  $664.12  $664.12 Change Order 3 85 2563.601 TRAFFIC CONTROL LS $990.00 1 1 $990.00 1 $990.00 Totals For Change Order 3:  $990.00  $990.00 Change Order 4 88 2021.501 MOBILIZATION LS $7,975.00 1 1 $7,975.00 1 $7,975.00 87 2504.602 "8" GATE VALVE AND BOX"EACH $2,597.99 1 1 $2,597.99 1 $2,597.99 86 2504.603 "8" WATERMAIN DUCTILE IRON CL 52" L F $67.73 22 22 $1,490.06 22 $1,490.06 Totals For Change Order 4:  $12,063.05  $12,063.05 Change Order 5 90 2504.601 TEMPORARY WATER SERVICE LS $12,292.50 1 1 $12,292.50 1 $12,292.50 89 2504.603 TRACER WIRE CONNECTION BOX LS $1,200.09 1 1 $1,200.09 1 $1,200.09 Totals For Change Order 5:  $13,492.59  $13,492.59 Supplemental Agreement 1 79 2104.603 SAWCUT AND REMOVE BIT FOR CURB AND GUTTER PLACEMENT L F $6.28 149.5 149.5 $938.86 149.5 $938.86 80 2506.603 REHABILITATE MANHOLE OR CATCH BASIN (INTERIOR)EACH $1,520.00 8 8 $12,160.00 8 $12,160.00 Totals For Supplemental Agreement 1:  $13,098.86  $13,098.86 Supplemental Agreement 2 82 2506.602 REMOVE STORM SEWER LS $2,109.00 1 1 $2,109.00 1 $2,109.00 83 2506.602 INSTALL STORM SEWER LS $4,836.76 1 1 $4,836.76 1 $4,836.76 Totals For Supplemental Agreement 2:  $6,945.76  $6,945.76 Project Totals:   $637,266.50   $997,271.49   SAP 160­243­006 [15­04A] Contract Changes No. Type Date Explanation Estimated Amount Amount Paid To Date SA1 Supplemental Agreement 6/9/2015 WHEREAS: THE UTILITY PORTION OF THE PROJECT WAS PLANNED TO INCLUDE MANHOLE/CATCH BASIN REHABILITIATION. THE BID ITEM WAS INCLUDED IN SEGMENT 2 BUT NOT IN SEGMENT 1. ALSO, THE ITEM SAWCUT AND REMOVE BIT FOR CURB AND GUTTER PLACEMENT WAS INCLUDED IN SEGMENT 2, BUT NOT IN SEGMENT 1. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: REHABILITATION WORK ON MANHOLES AND CATCH BASONS ON SEGMENT 1 SHOULD MATCH THE BID ITEM IN SEGMENT 2. ALSO THE SAWCUT AND REMOVE BIT FOR CURB AND GUTTER PLACEMENT SHOULD $13,098.86 $13,098.86 41 of 108 THE SAWCUT AND REMOVE BIT FOR CURB AND GUTTER PLACEMENT SHOULD MATCH THE BID ITEM IN SEGMENT 2. CO1 Change Order 9/21/2015 Additional water service work for 292 Minnesota Ave. Original locate was way off.$3,533.51 $3,533.51 SA2 Supplemental Agreement 10/28/2015 WHEREAS: AFTER BITUMINOUS WAS REMOVED TO THE CONSTRUCTION LIMITS AT ROSELAWN AVENUE AND MID OAKS LANE (EASTERLY), A VOID WAS DISCOVERED CAUSED BY A DAMAGED 12" RCP STORM PIPE. WHEREAS: THE ENGINEER DETERMINED THAT THE DAMAGED PIPE WILL BE REMOVED AND REPLACED. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: PAYMENT FOR THIS WORK WILL BE AT THE NEGOCIATED LUMP SUM. $6,945.76 $6,945.76 CO2 Change Order 11/4/2015 As a precaution, we requested that Park Construction Co. arrange for the sanitary services of the following homes be televised. 1589 Roselawn Ave W, 10 Mid Oaks Lane, and 11 Mid Oaks Lane. These sanitary services are in close proximity to the water main that was pipe bursting on Roselawn Avenue. $664.12 $664.12 CO3 Change Order 1/12/2016 Additional traffic control signs requested by the city of Roseville for Roselawn Avenue. $990.00 $990.00 CO4 Change Order 1/15/2016 The scope of the project was changed to include directional boring in the right of way west of Snelling Avenue and south of County Road C2, adjacent to the new Pizza Luce Restaurant. The original contract does not include line items for these quantities. $12,063.05 $12,063.05 CO5 Change Order 1/15/2016 The scope of the project was changed to include "Snake Pit" Tracer Boxes for the new water main tracer wires on Roselawn Avenue. This change order also includes the cost of additional temporary water on Snelling Avenue. The original contract does not include a line items for these quantities. $13,492.59 $13,492.59 BK1 Backsheet 1/21/2016 Density Incentive $2,697.27 $2,697.27 Contract Change Totals: $53,485.16 $53,485.16 42 of 108 CITY OF ROSEVILLE  2660 Civic Center Dr Roseville, MN 55113  Project SAP 160­243­006 [15­04B] ­ 2015 Pavement Management Project ­ Seg 2  Pay Request No. 4 Contractor:   Park Construction Co.  1481 81st Avenue NE  Minneapolis, MN 55432 Contract No. 15­04 Vendor No. N/A For Period: 10/1/2015 ­ 1/21/2016 Warrant # __________ Date ___________ Contract Amounts Original Contract $1,357,465.30 Contract Changes $216,615.95 Revised Contract $1,574,081.25 Funds Encumbered Original $1,357,465.30 Additional N/A Total $1,357,465.30 Work Certified To Date Base Bid Items $1,282,199.51 Backsheet $0.00 Change Order $198,987.09 Supplemental Agreement $0.00 Work Order $0.00 Material On Hand $0.00 Total $1,481,186.60      Work Certified This Request Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date Amount Paid This Pay Request $855,990.31   SAP 160­243­006 [15­04B]$838,676.68 $1,481,186.60 $14,811.87 $610,384.42 $855,990.31 $1,466,374.73 Percent Retained: 1%Percent Complete: 94.0985% 43 of 108 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113  Project No. SAP 160­243­006 [15­04B] Pay Request No. 4 SAP 160­243­006 [15­04B] Payment Summary No. From Date To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 05/18/2015 06/08/2015 $318,923.37 $15,946.17 $302,977.20 2 06/09/2015 06/25/2015 $101,742.09 $5,087.10 $96,654.99 3 06/26/2015 09/30/2015 $221,844.46 $11,092.23 $210,752.23 4 10/01/2015 01/21/2016 $838,676.68 ($17,313.63)$855,990.31 Totals:$1,481,186.60 $14,811.87 $1,466,374.73   SAP 160­243­006 [15­04B] Funding Category Report Funding Category No. Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date 002 98,548.23 985.48 20,472.50 77,090.25 97,562.75 006 8,250.00 82.50 0.00 8,167.50 8,167.50 007 363,763.49 3,637.64 104,224.13 255,901.72 360,125.85 008 1,010,624.89 10,106.25 485,687.79 514,830.84 1,000,518.64 Totals:$1,481,186.60 $14,811.87 $610,384.42 $855,990.31 $1,466,374.73   SAP 160­243­006 [15­04B] Funding Source Report Accounting No. Funding Source Amount Paid This Request Revised Contract Amount Funds Encumbered To Date Paid To Contractor To Date 003 Local ­ Street 514,830.84 1,021,781.18 918,934.80 1,000,518.64 004 Local ­ Storm Sewer 77,090.25 143,082.13 109,388.80 97,562.75 008 Sanitary Sewer Utility Fund 8,167.50 10,590.00 10,590.00 8,167.50 009 Water Utility Fund 255,901.72 398,627.94 318,551.70 360,125.85 Totals:$855,990.31 $1,574,081.25 $1,357,465.30 $1,466,374.73 44 of 108 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113  Project No. SAP 160­243­006 [15­04B] Pay Request No. 4 SAP 160­243­006 [15­04B] Project Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date Base Bid  1 2021.501 MOBILIZATION LS $39,600.00 1 0 $0.00 1 $39,600.00 49 2104.501 REMOVE WATER MAIN L F $7.60 2472 2482 $18,863.20 2623 $19,934.80 2 2104.501 REMOVE SEWER PIPE (STORM)L F $10.10 258 245 $2,474.50 245 $2,474.50 3 2104.501 REMOVE CONCRETE CURB L F $5.25 1545 ­60.5 ($317.63) 763.5 $4,008.38 54 2104.501 REMOVE WATER SERVICE PIPE L F $5.05 620 267 $1,348.35 277 $1,398.85 4 2104.503 REMOVE CONCRETE SIDEWALK S F $4.88 243 0 $0.00 0 $0.00 5 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y $14.12 45 37.6 $530.91 37.6 $530.91 6 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT S Y $12.24 45 0 $0.00 0 $0.00 7 2104.509 REMOVE CATCH BASIN EACH $505.00 2 3 $1,515.00 5 $2,525.00 8 2104.511 SAWING CONCRETE PAVEMENT L F $3.80 1100 ­4 ($15.20) 236 $896.80 9 2104.513 SAWING BITUMINOUS PAVEMENT L F $1.90 1100 4 $7.60 13 $24.70 60 2104.523 SEWER PIPE CROSSING EACH $787.00 7 7 $5,509.00 7 $5,509.00 10 2104.523 SALVAGE CASTING EACH $202.00 2 2 $404.00 3 $606.00 48 2104.523 SALVAGE HYDRANT & VALVE EACH $505.00 7 8 $4,040.00 8 $4,040.00 59 2104.603 SAWCUT AND REMOVE BIT FOR CURB AND GUTTER PLACEMENT L F $6.28 1285 ­171.5 ($1,077.02) 654.5 $4,110.26 58 2105.501 SALVAGE AND PLACE RECLAIMED AGGREGATE (LV)CY $9.09 600 517.92 $4,707.89 517.92 $4,707.89 35 2105.501 COMMON EXCAVATION (BITUMINOUS PAVEMENT RECLAMATION)CY $12.20 1280 601.28 $7,335.62 921.28 $11,239.62 36 2112.501 AGGREGATE GRADING AND COMPACTION STA $163.08 26 0 $0.00 0 $0.00 11 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR $130.00 41 29.5 $3,835.00 29.5 $3,835.00 12 2211.501 AGGREGATE BASE CLASS 5 TON $30.86 45 210.83 $6,506.21 210.83 $6,506.2145 of 108 37 2232.501 EDGE MILL BITUMINOUS SURFACE S Y $11.69 26 0 $0.00 0 $0.00 46 2232.501 MILL BITUMINOUS SURFACE (2.0") S Y $1.07 47138 13737.56 $14,699.19 53770.56 $57,534.50 38 2331.603 SAW AND SEAL CONTROL JOINT IN BITUMINOUS PAVEMENT L F $3.00 1950 2775 $8,325.00 2775 $8,325.00 39 2331.604 BITUMINOUS PAVEMENT RECLAMATION S Y $0.98 8300 4150 $4,067.00 8300 $8,134.00 40 2331.609 BIT MIXTURE FOR PATCHING (MOD) TON $136.86 72 8.91 $1,219.42 8.91 $1,219.42 13 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL $2.82 3925 1650 $4,653.00 3925 $11,068.50 45 2360.501 TYPE SPWEA240B WEARING COURSE MIX DRIVEWWAY TON $142.48 8 0 $0.00 0 $0.00 62 2360.501 TYPE SPWEA230B WEARING COURSE MIX TON $62.37 5700 1315.73 $82,062.08 6003.77 $374,455.13 74 2360.501 TYPE SPWEA330C WEARING COURSE MIX TON $70.06 2000 1817.39 $127,326.34 1817.39 $127,326.34 61 2451.607 PIPE BEDDING MATERIAL C Y $30.30 370 100.69 $3,050.91 100.69 $3,050.91 14 2503.511 12" RC PIPE SEWER L F $48.50 20 ­1 ($48.50) 9 $436.50 64 2503.511 21" RC PIPE SEWER L F $57.00 238 244 $13,908.00 244 $13,908.00 68 2503.602 SANITARY SEWER SERVICE EACH $1,890.00 6 5 $9,450.00 5 $9,450.00 77 2503.602 SANITARY SEWER SERVICE ­ EXTRA DEPTH EACH $3,170.00 2 0 $0.00 0 $0.00 15 2503.602 CONNECT TO EXISTING STRUCTURE EACH $1,830.00 5 5 $9,150.00 5 $9,150.00 63 2503.603 15" HDPE DIRECTIONAL BORE LF $165.00 308 0 $0.00 0 $0.00 73 2503.603 SANITARY SEWER SPOT REPAIR L F $125.00 34 66 $8,250.00 66 $8,250.00 16 2503.603 12" HDPE PIPE SEWER L F $59.40 145 161 $9,563.40 161 $9,563.40 51 2504.601 TEMPORARY WATER SERVICE LS $10,200.00 2 0 $0.00 2 $20,400.00 67 2504.602 REMOVE AND REPLACE GATE VALVE BOX EACH $1,680.00 1 1 $1,680.00 1 $1,680.00 55 2504.602 RECONNECT WATER SERVICE EACH $281.00 62 61 $17,141.00 63 $17,703.00 52 2504.602 CONNECT TO EXISTING WATERMAIN (SPEC)EACH $2,080.00 8 0 $0.00 8 $16,640.00 17 2504.602 INSTALL HYDRANT EACH $3,950.00 7 4 $15,800.00 8 $31,600.00 44 2504.602 ADJUST GATE VALVE EACH $230.92 16 8 $1,847.36 18 $4,156.56 65 2504.602 0.75" CORPORATION STOP EACH $586.00 60 61 $35,746.00 63 $36,918.00 56 2504.602 1" CORPORATION STOP EACH $597.00 2 0 $0.00 0 $0.00 50 2504.602 6" GATE VALVE AND BOX EACH $1,450.00 12 4 $5,800.00 16 $23,200.00 75 2504.603 INSTALL 6" DIP HYDRANT LEAD LF $42.90 105 51 $2,187.90 103 $4,418.70 76 2504.603 INSTALL 6" DIP WATER MAIN L F $41.00 2472 2379 $97,539.00 2520 $103,320.00 66 2504.603 3/4" TYPE K COPPER PIPE L F $40.40 600 267 $10,786.80 277 $11,190.80 57 2504.603 1" TYPE K COPPER PIPE L F $41.50 20 0 $0.00 0 $0.0046 of 108 57 2504.603 1" TYPE K COPPER PIPE L F $41.50 20 0 $0.00 0 $0.00 18 2504.604 4" POLYSTYRENE INSULATION S Y $65.40 20 0 $0.00 0 $0.00 53 2504.608 WATERMAIN FITTINGS LB $6.35 680 214 $1,358.90 598 $3,797.30 70 2506.5 MANHOLE TYPE C EXTRA DEPTH LF $318.00 2 0.5 $159.00 0.5 $159.00 69 2506.502 CONSTRUCT MANHOLE TYPE C OVER EXISTING PIPE EACH $5,200.00 1 1 $5,200.00 1 $5,200.00 19 2506.502 CONSTRUCT CATCH BASIN TYPE A EACH $3,050.00 4 3 $9,150.00 5 $15,250.00 20 2506.503 RECONSTRUCT MANHOLE/CATCH BASIN L F $415.00 15.5 ­3.3 ($1,369.50) 20.7 $8,590.50 43 2506.522 ADJUST CATCH BASIN FRAME AND RING EA $331.00 56 6 $1,986.00 62 $20,522.00 21 2506.522 ADJUST MANHOLE FRAME & RING EACH $674.77 16 17 $11,471.09 21 $14,170.17 47 2506.522 ADJUST MANHOLE (FITTED STEEL RING) EACH $158.44 52 8 $1,267.52 23 $3,644.12 22 2506.602 CONNECT INTO EXISTING STRUCTURE EACH $1,830.00 5 5 $9,150.00 5 $9,150.00 71 2506.603 REHABILITATE MANHOLE OR CATCH BASIN (INTERIOR)EACH $1,520.00 20 8 $12,160.00 28 $42,560.00 23 2521.501 4" CONCRETE WALK S F $7.05 243 0 $0.00 0 $0.00 24 2531.501 CONCRETE CURB & GUTTER DESIGN B618 L F $29.40 1245 1324.5 $38,940.30 1843 $54,184.20 25 2531.501 CONCRETE CURB & GUTTER DESIGN B624 L F $35.70 300 0 $0.00 0 $0.00 26 2531.507 6" CONCRETE DRIVEWAY PAVEMENT S Y $81.30 45 32 $2,601.60 32 $2,601.60 27 2531.507 8" CONCRETE DRIVEWAY PAVEMENT S Y $91.30 45 0 $0.00 0 $0.00 28 2531.618 TRUNCATED DOMES S F $37.00 32 0 $0.00 0 $0.00 29 2563.601 TRAFFIC CONTROL LS $5,250.00 1 0.1 $525.00 1 $5,250.00 30 2573.502 SILT FENCE, TYPE MACHINE SLICED L F $3.75 1000 0 $0.00 0 $0.00 31 2573.530 STORM DRAIN INLET PROTECTION EACH $181.00 93 32 $5,792.00 118 $21,358.00 32 2573.533 SEDIMENT CONTROL LOG TYPE COMPOST L F $3.75 400 40 $150.00 40 $150.00 33 2575.505 SODDING TYPE SALT RESISTANT S Y $18.60 3135 2087 $38,818.20 2343.6 $43,590.96 41 2582.502 4" SOLID LINE WHITE­EPOXY L F $0.41 150 8945 $3,667.45 9062 $3,715.42 42 2582.502 4" DOUBLE SOLID LINE YELLOW­EPOXY L F $0.82 2930 0 $0.00 2928 $2,400.96 34 2582.503 CROSSWALK MARKING­EPOXY S F $5.30 288 0 $0.00 162 $858.60 72 2582.603 24" STOP LINE WHITE­EPOXY (WR) L F $15.00 24 0 $0.00 0 $0.00 Totals For Section Base Bid:  $680,898.89  $1,282,199.51 Change Order 1 78 2104.501 REMOVE CONCRETE CURB L F $5.25 171.5 171.5 $900.38 171.5 $900.38 79 2104.511 SAWING CONCRETE PAVEMENT L F $3.80 75 75 $285.00 75 $285.00 86 2104.603 SAWCUT AND REMOVE BIT FOR CURB AND GUTTER PLACEMENT L F $6.28 171.5 171.5 $1,077.02 171.5 $1,077.0247 of 108 AND GUTTER PLACEMENT 85 2232.501 MILL BITUMINOUS SURFACE (2.0") S Y $1.07 10418 10418 $11,147.26 10418 $11,147.26 80 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL $2.82 425 425 $1,198.50 425 $1,198.50 87 2360.501 TYPE SPWEA230B WEARING COURSE MIX TON $62.37 1221.19 1221.19 $76,165.62 1221.19 $76,165.62 81 2506.503 RECONSTRUCT MANHOLE/CATCH BASIN L F $415.00 1.7 6.05 $2,510.75 6.05 $2,510.75 84 2506.522 ADJUST CATCH BASIN FRAME AND RING EA $331.00 12 12 $3,972.00 12 $3,972.00 82 2531.501 CONCRETE CURB & GUTTER DESIGN B618 L F $29.40 171.5 171.5 $5,042.10 171.5 $5,042.10 83 2573.530 STORM DRAIN INLET PROTECTION EACH $181.00 13 13 $2,353.00 13 $2,353.00 Totals For Change Order 1:  $104,651.63  $104,651.63 Change Order 2 88 2101.502 CLEARING TREE $1,650.00 1 0 $0.00 1 $1,650.00 Totals For Change Order 2:  $0.00  $1,650.00 Change Order 3 89 2503.603 15" HDPE DIRECTIONAL BORE LF $13,800.00 1 0 $0.00 1 $13,800.00 Totals For Change Order 3:  $0.00  $13,800.00 Change Order 4 90 2504.603 "6" WATERMAIN HDPE (DIRECTIONAL DRILLED)"L F $25,759.31 1 ­0.75445 ($19,434.11) 0.24555 $6,325.20 Totals For Change Order 4:  ($19,434.11)  $6,325.20 Change Order 5 91 2503.603 15" HDPE DIRECTIONAL BORE LF $1,380.00 1 1 $1,380.00 1 $1,380.00 Totals For Change Order 5:  $1,380.00  $1,380.00 Change Order 6 93 2104.601 REMOVE MISCELLANEOUS DEBRIS LS $810.00 1 1 $810.00 1 $810.00 92 2506.602 REPAIR STORM SEWER LS $1,754.33 1 1 $1,754.33 1 $1,754.33 94 2506.602 MINOR GRADING AND TOPSOIL LS $2,611.50 1 1 $2,611.50 1 $2,611.50 Totals For Change Order 6:  $5,175.83  $5,175.83 Change Order 7 95 2504.603 8" WATER MAIN DIRECTIONAL BORE LS $20,625.00 1 1 $20,625.00 1 $20,625.00 Totals For Change Order 7:  $20,625.00  $20,625.00 Change Order 8 96 2101.511 CLEARING AND GRUBBING LS $550.00 1 1 $550.00 1 $550.00 Totals For Change Order 8:  $550.00  $550.00 Change Order 9 48 of 108 97 2231.501 STREET PATCH RELATED TO DIRECTIONAL BORING LS $15,368.40 1 1 $15,368.40 1 $15,368.40 Totals For Change Order 9:  $15,368.40  $15,368.40 Change Order 10 100 2503.602 LOWER SERVICE LEAD EACH $2,110.33 1 1 $2,110.33 1 $2,110.33 98 2506.502 CONSTRUCT MANHOLE TYPE C EACH $5,857.50 1 1 $5,857.50 1 $5,857.50 99 2506.502 CONSTRUCT MANHOLE TYPE C EACH $5,280.00 1 1 $5,280.00 1 $5,280.00 Totals For Change Order 10:  $13,247.83  $13,247.83 Change Order 11 103 2105.601 EXCAVATION SPECIAL 1 LS $3,219.71 1 1 $3,219.71 1 $3,219.71 104 2105.601 EXCAVATION SPECIAL 1 LS $2,163.15 1 1 $2,163.15 1 $2,163.15 105 2105.601 EXCAVATION SPECIAL 1 LS $1,996.06 1 1 $1,996.06 1 $1,996.06 101 2504.601 TEMPORARY WATER SERVICE LS $1,876.78 1 1 $1,876.78 1 $1,876.78 102 2504.603 6" WATER MAIN DIRECTIONAL BORE LS $6,957.50 1 1 $6,957.50 1 $6,957.50 Totals For Change Order 11:  $16,213.20  $16,213.20 Project Totals:   $838,676.67   $1,481,186.60   SAP 160­243­006 [15­04B] Contract Changes No. Type Date Explanation Estimated Amount Amount Paid To Date CO1 Change Order 6/9/2015 The Contract scope has changed. The Engineer has added additional streets to the project. The contractor has agreed to expand the project with the extension of Chatsworth Street and the addition of segments of Rose Place, Dellwood St., Fernwood St., Fernwood Ct. and Dunlap St. $102,846.38 $104,651.63 CO2 Change Order 8/27/2015 A tree removal $1,650.00 $1,650.00 CO3 Change Order 9/21/2015 Cost to begin the installation of 16" storm sewer at 899 Millwood Ave.$13,800.00 $13,800.00 CO4 Change Order 9/21/2015 Digging and partial directional boring on West Snelling Service Road north of Roselawn. The intention was to install a new 6" water main in the center of the road. During construction an existing water main was discovered, making a new water main unnecessary. Work was halted when the existing water main was found. $25,759.31 $6,325.20 CO5 Change Order 9/28/2015 10% markup for directional bore for 899 Millwood Ave (adjustment for CO3)$1,380.00 $1,380.00 CO6 Change Order 10/21/2015 Repair manhole M15­05 in front of 1243 Draper Avenue.$5,175.83 $5,175.8349 of 108 CO6 Order 10/21/2015 Repair manhole M15­05 in front of 1243 Draper Avenue.$5,175.83 $5,175.83 CO7 Change Order 8/17/2015 Pizza Luce 8" water main directional boring.$20,625.00 $20,625.00 CO8 Change Order 1/12/2016 Cost of removing brush and debris related to the new storm sewer work behind 1706 Ryan Ave.$550.00 $550.00 CO9 Change Order 1/12/2016 Street patching and base work related to directional boring on Snelling Service Drive.$15,368.40 $15,368.40 CO10 Change Order 1/15/2016 This change order is for the replacement of storm sewer structures on Millwood Avenue. $13,247.83 $13,247.83 CO11 Change Order 1/15/2016 This change order is for the cost of work excavation work related to directional boring on West Snelling Service Road north of Roselawn and for excavation work related to water services on Draper Avenue. Northdale dug a receiving pit for the directional boring and discovered the existing 6" water main. Northdale needed to dig down to two water services on Draper Avenue for testing. $16,213.20 $16,213.20 Contract Change Totals: $216,615.95 $198,987.09 50 of 108 REQUEST FOR COUNCIL ACTION The City That Soars! Item Sanitary Sewer Cleaning Program Description The City of Falcon Heights started a sanitary sewer cleaning/televising program in 2007. This is a rotating program. Every 3 years the complete system is cleaned and televised. Half of the City is cleaned in year 1, the other half of the City is cleaned in year 2 and the entire system is cleaned and televised in year 3. This program has minimized, if not eliminated sewer back-ups that can be costly to the City of Falcon Heights. This program is also recommended by our liability insurer, The League of Minnesota Cities Insurance Trust. In the past, the City has bid/approved these services only on an annual basis. In April 24, 2014 the City started to bid this as a 3 year contract (2014, 2015, and 2016). American Environmental has continually been the lowest bidder and has completed these services since this program started. Because of this, they know our system and have the necessary software in place to complete these services in a timely and cost effective manner. The City has 66,458 LF of sanitary sewer. LMNC Handbook Chapter 23: Cities are not required to follow the competitive bidding process when contracting for professional services, such as those of doctors, engineers, lawyers, architects, and accountants as well as other services requiring technical, scientific, or professional training like refuse hauling and janitorial services. Cost Breakdown 2017 Cleaning: $0.49 per LF 2018 Cleaning: $0.54 per LF 2019 Cleaning and Televising: $1.07 per LF Budget Impact The City has in the past and will continue to budget (Sanitary Sewer Fund 601) in the future for the 3 year cycle of cleaning and televising the sewer. -2017: $18,000 -2018: $17,000 -2019: $72,000 Attachment(s) • Quote from American Environmental LLC Meeting Date February 10 , 2016 Agenda Item Consent F3 Attachment Quote Submitted By Tim Pittman, Director of Public Works Families, Fields and Fair __________________________ 51 of 108 Action(s) Requested It is staff’s recommendation to approve the 3 year contract for 2017, 2018 and 2019 for the cleaning and televising of the sanitary sewer system with American Environmental LLC. The proposal includes cleaning half the City in 2017 and half 2018. In 2019, the whole system will be cleaned and televised. 52 of 108 53 of 108 54 of 108 REQUEST FOR COUNCIL ACTION The City That Soars! Item Recreation Agreement with the City of Lauderdale Description The City of Lauderdale does not offer recreation programs to their residents. In 2009, Lauderdale asked Falcon Heights Parks and Recreation to offer programs to their residents at a residential rate. In return, Lauderdale provides facility and park space for Falcon Heights Parks and Recreation programs. At the end of each year, Falcon Heights invoices Lauderdale the difference in resident rate and non-residential rate for each registrant that participate in a program that is provide at a Falcon Heights facility. The agreement is updated annually. Budget Impact With more sites available for programming, registration revenue in the recreation budget increases. Attachment(s) • Recreation Services Agreement • Resolution 16-07 Approving Agreement to Provide Recreation Programs for the City of Lauderdale Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the Recreation Agreement with the City of Lauderdale. Meeting Date February 10, 2016 Agenda Item Consent F4 Attachment Recreation Agreement & Resolution Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 55 of 108 BLANK PAGE  56 of 108 City of Falcon Heights City of Lauderdale Recreation Agreement THIS AGREEMENT is effective March 1, 2016 through December 31, 2016, by and between the City of Lauderdale, 1891 Walnut Street ~ Lauderdale, MN 55113, and the City of Falcon Heights, 2077 W. Larpenteur Ave ~ Falcon Heights, Minnesota 55113. Falcon Heights agrees to provide recreation programs within the City of Lauderdale. Lauderdale agrees to provide facility space for the programs. The Cities of Lauderdale and Falcon Heights agree to the following obligations: 1. Falcon Heights agrees to: • Provide recreation programs and experiences to Lauderdale residents for the same fee as paid by Falcon Heights’ residents. Lauderdale will reimburse Falcon Heights the difference between the resident and non- resident rate for recreation programs and experiences held at Falcon Heights’ facilities. Lauderdale will not reimburse Falcon Heights if the programs are held at Lauderdale facilities. • Coordinate registration, supervision, and program curriculum appropriate for the recreation program. • The recreation programs held at Lauderdale City Hall will include, but not be limited to, Tae Kwon Do, Boot Camp, and Yoga. • Provide program staff, program supplies and equipment, and program maintenance support for the agreed upon recreation program. 2. Lauderdale agrees to: • Provide program space at Lauderdale City Hall and at Lauderdale Community Park. The City of Lauderdale agrees to provide regular facility and park maintenance such as sweeping the floor and supplying tables requested by Falcon Heights. • Provide facilities access and keys to Falcon Heights Park and Recreation Staff. 57 of 108 Liability Falcon Heights shall defend and indemnify Lauderdale and it employees, officers, volunteers and agents for any claims against Lauderdale arising from Falcon Heights’s performance or failure to perform its duties under this Agreement. Lauderdale shall defend and indemnify Falcon Heights and it employees, officers, volunteers and agents for any claims against Falcon Heights arising from Lauderdale’s performance or failure to perform its duties under this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for any party. Employees of Falcon Heights and Lauderdale shall remain employees of their respective cities regardless of where services are provided under this Agreement. Each party shall be responsible for injuries to or death of its own personnel. Each party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are providing services pursuant to this Agreement. Each party waives the right to sue the other party for any workers’ compensation benefits paid to its own employees or their dependants, even if the injuries were caused wholly or partially by the negligence of the other party. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date first above written. City of Falcon Heights City of Lauderdale ______________________________ ______________________________ Mayor Peter Lindstrom Mayor Jeffrey Dains Date: ___________________________ Date: ________________________ ______________________________ ______________________________ City Administrator City Administrator Sack Thongvanh Heather Butkowski Date: ___________________________ Date: ________________________ 58 of 108 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION February 10, 2016 No. 16-07 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION APPROVING AGREEMENT TO PROVIDE RECREATION PROGRAMS FOR THE CITY OF LAUDERDALE WHEREAS, the City of Falcon Heights provides recreation programs for our residents; and WHEREAS, the City of Lauderdale would like to participate in the recreation programs provided by the City of Falcon Heights; and WHEREAS, the City of Lauderdale agrees to reimburse the City of Falcon Heights according to the terms and conditions of the attached Recreation Agreement; and NOW THEREFORE BE IT RESOLVED by the City Council of Falcon Heights, Minnesota: 1. Approve the Recreation Agreement with the City of Lauderdale. 2. Authorize the Mayor and City Administrator to execute all necessary documents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON 59 of 108 BLANK PAGE  60 of 108 REQUEST FOR COUNCIL ACTION The City That Soars! Item Approve Minnesota Department of Transportation Master Partnership Contract Description The City of Falcon Heights and the Minnesota Department of Transportation (MnDOT) work together on a variety of projects and routinely provide services to one another. MnDOT currently provides numerous services to the city such as construction testing, engineering review and other services. The attached letter (Attachment A) from MnDOT explains how the Master Partnership Contract (Attachment B) provides a framework for services to be rendered between the City and MnDOT. Many services MnDOT provides the City currently, including signal repair and material testing, are covered in this agreement with no need for work orders. The current system MnDOT uses called TA99 process is changing and the City would have to complete a new letter for each services request. The Master Partnership Contract allows this process to be expedited as some routine services are covered in the contract and others can be executed through a work order signed by the City Administrator. The Master Partnership Contract will allow the City and MnDOT to provide better service more efficiently to each other without the need for individual contracts for each service provided. According to the resolution, the City Administrator would be the designated authority to sign work orders for work not covered in the Master Partner Contract. Work orders would be needed for professional services, roadway maintenance, and construction administration or emergency services provided by either party. The Master Partnership Contract has an expiration date of June 30, 2017 or upon 30 day written notice of either party. Budget Impact There are no costs for this agreement. Attachment • Cover Letter • MnDOT Master Partnership Contract • Resolution 16-08 Entering into Master Partnership Contract with MnDOT Action(s) Requested Staff would recommend approve the attached resolution, entering into a Master Partnership Contract with the Minnesota Department of Transportation. Meeting Date February 10, 2016 Agenda Item Policy G1 Attachment Cover Letter, Agreement, & Resolution Submitted By Jesse Freihammer, City Engineer Families, Fields and Fair __________________________ 61 of 108 BLANK PAGE  62 of 108 Minnesota Department of Transportation Metro District Office of State Aid Telephone: 651-234-7773 1500 West County Rd B2 sharon.lemay@state.mn.us Roseville, MN 55113-3174 To: Local Agency RE: Proposed Master Partnership Contract Attached is a proposed master partnership contract along with a sample City Resolution. The Master Partnership Contract provides a framework for Mn/DOT and Local Agencies to provide payment to each other for services rendered. A few routine services are included in the contract and all other services are accomplished through the execution of work orders. If acceptable, please print 3 copies and arrange to have the Master Contract presented to your City Council for their approval and execution. Please ensure that the original signatures of the officials authorized to execute this contract on their behalf are obtained on all four copies of the agreement. A signature acknowledgment must be included either on the signature page or attached as a separate document. (It is suggested that all signers use blue ink so that the original signatures are obvious and will not be mistaken for photo copies.) Please provide signatures only under the Local Government heading. Also required is a new resolution passed by the City Council authorizing its officials to sign and execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else signs in the named official’s place, the agreement will not be executed.) This resolution must be contain the notarized signature of the individual certifying the resolution. Sample forms and language are enclosed with this letter. Please provide three original versions of a resolution including signatures and City/County stamp. Work Orders do not need City Council approval unless the City Council stipulates that in their resolution. Generally only the City Engineer needs to sign Work Orders. To expedite the approval process, the executed agreements and resolutions should be returned to me to obtain further signatures. Please note that no work shall be performed by Mn/DOT personnel until the full execution of the agreement. After execution by Mn/DOT and other State officials, a copy of the agreement will be returned to you. If you have any questions or require additional information, please feel free to contact me at 651-234-7773. Sincerely, Sharon LeMay, Metro State Aid An Equal Opportunity Employer Attachment A 63 of 108 Sample resolution Whereas, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas: the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. Therefore, be it resolved: 1. That the City/County/Other Local Government of enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the [Board/Council]. 2. That the proper [City/County/Other Local Government] officers are authorized to execute such contract, and any amendments thereto. 3. That the [City/County/Other Local Government] Engineer/Title of Other Official is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the [City/County/Other Local Government] Engineer/Title of Other Official may execute such work order contracts on behalf of the City/County/Other Local Government of without further approval by this [Board/Council]. Approved this day of , 201 . Attest: By: Title: Date: 64 of 108 MnDOT Agreement # 1002058 STATE OF MINNESOTA AND CITY OF FALCON HEIGHTS MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the “State” and the City of Falcon Heights, acting through its City Council, hereinafter referred to as the “Local Government." Recitals 1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes. §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this Contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework for the efficient handling of such requests. This Master Partnership Contract contains terms generally governing the relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a “Work Order” contracts. 7. Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into “Work Order” contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this Master Partnership Contract to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Contract 1. Term of Master Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2017. Page 1 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 65 of 108 MnDOT Agreement # 1002058 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that engagement. A party must not begin work under a work order until such work order is fully executed. The terms of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the work order. The Local Government understands that this Master Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this Master Contract will survive with respect to any Work Order issued prior to the expiration date of the Master Contract. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Technical services are limited to the following services: 2.1.1. Pavement Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, Materials Testing and Carcass Removal. 2.1.2. Every other service not falling under the services listed in 2.1.1 will require a Work Order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State’s then-current rate for performing the Technical Services. The then-current rate may include the State’s normal and customary labor additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 66 of 108 MnDOT Agreement # 1002058 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific Page 3 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 67 of 108 MnDOT Agreement # 1002058 project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as identified section 2.1.2. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work performed prior to execution of a work order and authorization by the State. 4. Responsibilities of the Providing Party The party requesting the work will be referred to as the “Requesting Party” and the party performing the work will be referred to as the “Providing Party.” Each work order will set forth particular requirements for that project/engagement. 4.1. Terms Applicable to ALL Work Orders. The terms in this section 4.1 will apply to ALL work orders. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this Master Contract or the work order. 4.1.2. The Providing Party 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 each work order. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order may require the Local Government to deposit payment in advance or may, at the State’s option, permit payment in arrears. If the State furnishes the services requested, the Local Government will promptly pay the State 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 State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by agreement or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. Page 4 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 68 of 108 MnDOT Agreement # 1002058 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work orders for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally- assisted contracts 4.3.7. Unless otherwise agreed in a Work Order, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State’s request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State’s Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no Page 5 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 69 of 108 MnDOT Agreement # 1002058 liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, NPDES and other environmental permits. 4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and/or inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary labor additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary labor additives will not apply if the parties agree to a “lump sum” or “unit rate” payment. 7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this Master Contract will not exceed $50,000.00. Page 6 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 70 of 108 MnDOT Agreement # 1002058 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1002058 and Invoice Number ###### Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized representative. The balance due will be paid when the State’s authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. Page 7 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 71 of 108 MnDOT Agreement # 1002058 9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government’s Authorized Representative for administering this master contract is the Local Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s performance. The Local Government’s Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government’s Project Manager will be identified in each work order contract. 10. State’s Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance. 10.2. The State’s Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract 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 contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this Master Contract and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract. 14. Government Data Practices and Intellectual Property Page 8 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 72 of 108 MnDOT Agreement # 1002058 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Master Contract and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subd.s of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action Page 9 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 73 of 108 MnDOT Agreement # 1002058 The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Page 10 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 74 of 108 MnDOT Agreement # 1002058 Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers’ Compensation Each party will be responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the Contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors Page 11 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 75 of 108 MnDOT Agreement # 1002058 The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: 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 shall contain provisions by which the 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, shall, 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, shall, in any manner, discriminate against, or 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, county, city, town, school board, or any other person authorized to grant the 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 contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this Master Contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. 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. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State’s receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the Page 12 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 76 of 108 MnDOT Agreement # 1002058 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. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank – signature page follows] Page 13 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 77 of 108 MnDOT Agreement # 1002058 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: By: (with delegated authority) Title: Title Division Director Date: Date: By: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By: Date: Date: Page 14 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) 78 of 108 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION February 10, 2016 No. 16-08 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ENTER INTO A MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED by the City Council of the City of Falcon Heights, as follows: WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE, be it resolved: that the City of Falcon Heights enters into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Council. The proper City of Falcon Heights officers are authorized to execute such contract and any amendments thereto. The City of Falcon Heights City Administrator is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City of Falcon Heights City Administrator may execute such work order contracts on behalf of the City of Falcon Heights without further approval by this Council. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON 79 of 108 BLANK PAGE  80 of 108 REQUEST FOR COUNCIL ACTION The City That Soars! Item Ramsey County Joint Powers Agreement for New Voting System and Operation Description In 2001, City of Falcon Heights entered into a Joint Powers Agreement with Ramsey County for the purchase an operation of a new voting system, with a ten year and automatic two year extensions. The County prepares ballots and compiles election results for all state, federal, county, municipal and school district elections for a Municipalities. The City also has a four year agreement with Ramsey County to provide election services from January 1, 2013 through December 31, 2016. We have budgeted $17,900 for 2016. Budget Impact The capital cost for the purchase of the new voting system is $14,056 with an annual operating for 2016 of $1,634.93. The General-Capital Improvements Fund 401 will need to be amended by $15,000 to cover the cost listed above. The amount was budgeted in 2015, but due to unexpected delays, Ramsey County did not finalize the purchase until 2016. Attachment(s) • Joint Powers Agreement • MnDot Coverletter • Resolution 16-09 Enter Into a Joint Powers Agreement for New Voting System Acquisition and Operation with Ramsey County Action(s) Requested It is staff’s recommendation to approve of the attached resolution to enter into a joint powers agreement for new voting system purchase and operation and authorize the City Administrator and Mayor to execute all necessary documents and amend Fund 401 Capital Equipment line item by $15,000. Meeting Date February 10 , 2016 Agenda Item Policy G2 Attachment Joint Powers Agreement, Supporting Documents and Resolution Submitted By Sack Thongvanh, City Administrator Families, Fields and Fair __________________________ 81 of 108 BLANK PAGE  82 of 108 83 of 108 84 of 108 85 of 108 86 of 108 87 of 108 88 of 108 89 of 108 90 of 108 91 of 108 92 of 108 93 of 108 94 of 108 95 of 108 96 of 108 97 of 108 98 of 108 99 of 108 BLANK PAGE  100 of 108 101 of 108 102 of 108 1 0 3 o f 1 0 8 BLANK PAGE  104 of 108 105 of 108 BLANK PAGE  106 of 108 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION February 10, 2016 No. 16-09 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION TO ENTER INTO A JOINT POWERS AGREEMENT FOR NEW VOTING SYSTEM ACQUISITION AND OPERATION WITH RASMEY COUNTY WHEREAS, the County and the City of Falcon Heights entered into a Joint Powers Agreement in 2001 for the purchase and operation of a new voting system, with a ten year and automatic two year extensions; and WHEREAS, pursuant to the provisions of the 2001 Joint Powers Agreement, the County prepares ballots and compiles election results for all state, federal, county, municipal and school district elections for the Municipalities; and WHEREAS, efficient ballot preparation and the timely compilation of election results depend upon the use of a uniform voting system throughout the County, and the use of a uniform voting system for all elections enhances election judge and voter understanding of the voting process and helps to provide equitable treatment for all voters, regardless of the type of election; and WHEREAS, Congress mandated the use of a assistive ballot marking devices in all polling places and in-person absentee voting locations for use by voters with disabilities, through enactment of the Help America Vote Act of 2002 (“HAVA”); and WHEREAS, the Minnesota Legislature mandated the central counting of all absentee ballots under uniform state laws and procedures in Laws of Minnesota 2010, Chapter 194, effective in 2010; and WHEREAS, the Parties have reached agreement on the need to replace the existing voting system and the funding formula for the new voting system; and WHEREAS, the Ramsey County Board has approved a contract with Hart Intercivic of Austin, TX for the purchase and use of a new voting system for deployment in 2016; 107 of 108 NOW THEREFORE BE IT RESOLVED by the City Council of Falcon Heights, Minnesota: 1. Approve the Joint Powers Agreement for New Voting System Acquisition and Operation. 2. Amend the General-Capital Improvements Fund (401) to increase by $15,000. 3. Authorize the Mayor and City Administrator to execute all necessary documents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator FISCHER GUSTAFSON 108 of 108