HomeMy WebLinkAboutCity_Council_Packet_3-11-2020CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
March 11, 2020 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___
MIAZGA ___ WEHYEE___
STAFF PRESENT: THONGVANH____
C. PRESENTATION
1. Park Commission Annual Report
2. Pavement Management Program
D. APPROVAL OF MINUTES:
1. February 12, 2020 City Council Meeting Minutes
2. February 26, 2020 City Council Meeting Minutes
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 3/03/20 $253,331.50
Payroll through: 2/29/20 $19,450.80
G: POLICY ITEMS:
1. Fire Department –FEMA Grant Quotes
2. Community Park Building - Structural Evaluation and Recommendations
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
Please limit comments to 3 minutes per person. Items brought before the Council will be referred for consideration. Council may ask questions for clarification, but no council action or discussion
will be held on these items.
J. ADJOURNMENT:
BLANK PAGE
March 11, 2020
1 of 69
Membership
Melanie Leehy: Council Liaison
Nalisha Nandkumar: Staff Liaison
Walt Dunlap: Chair
Ron Eischen: Commissioner
Mike Bradbury: Commissioner
Ryan Carlson: Commissioner
Jeff Yager: Commissioner
2 of 69
Functions
Advisory capacity to Falcon Heights City Council
Pursue other projects and initiatives under guidance of
Staff and Council Liaisons
Assessing the needs of people, exploring recreational
opportunities and studying recommendations for park
improvements.
Regular meeting the first Monday of each month.
Ad hoc subcommittee meetings per quorum rules.
3 of 69
Recent and Future Activities
Planning for summer programming
The Garden in a Box program
Target Soccer Grant
Ice Cream Social 2019
Ice Cream Social 2020
The Good Neighbor Grant –Story Time, Shed, Rec on
the Go
Twins Youth Baseball Clinic 2020
Curtiss Field basketball court
4 of 69
Pavement Management
Program
FALCON HEIGHTS –MARCH 11, 2020
5 of 69
Pavement Management Project Overview
Pavement Management Project (PMP) typically consists of the following:
◦Removal of existing pavement
◦Milling $45 per foot
◦Reclamation $135 per foot
◦Removal $112 per foot
◦Rehabilitation or replacement of sanitary, storm, and water utilities if applicable
◦Replacement of damaged/deteriorated curb and gutter
◦Replaced broken sidewalks and updated curb ramps to meet ADA compliance
◦Installation of new concrete sidewalk, pathway, or other amenities if applicable
◦Installation of new bituminous pavement
◦2nd layer of pavement will be installed in the Spring of 2018
◦Contractor must complete work by June 15, 2018
6 of 69
Pavement Management Project Overview
Roads included in the PMP are determined by data collected from road inspection and maintenance staff input
◦Road data is collected every 4 years and gives the road segment a rating between 0-10
◦Goal is to maintain a Citywide average PCI rating of 75 or above
◦Mill and overlay for any street section that falls below a PCI rating of 66
◦Reclamation or reconstruction for any street section that falls below a PCI rating of 35
7 of 69
8 of 69
Pavement Management Project Overview
9 of 69
10 of 69
Assessment Policy-Streets
Assessment Policy
◦Assessed per the front footage of the lots
◦Corner lots assessed 100% long, 0% short side
◦Assessment Rates (street costs only)
◦Residential -40% of per foot of frontage project cost
◦Commercial/Multi-unit residential -60% of per foot of frontage project cost
◦Tax-exempt -100% of per foot of frontage project cost
11 of 69
Assessments-Payment Options
After assessment hearing (October 2021):
Pay part or all up front interest free in first 30 days –November 10
Add to property taxes
Length of payment period and interest rate set by City Council
7 years
Interest rate approximately 5%
First payment due in following year on property taxes
Hardship deferral
Homestead property
Age 65 or older, or retired by virtue of a disability
Payment would be a hardship
Assessment will accrue interest
Application available at City Hall
12 of 69
Appeals to District Court
Note:
In order to appeal to district court, the property owner must serve notice upon the Mayor or City Clerk within 30 days of adoption of the assessment roll.
They can only do this after having filed a written signed objection prior to the assessment hearing or having presented same to the presiding officer at the hearing.
The notice of appeal must be filed with the Clerk of the district court within ten (10) days after service on the City.
13 of 69
Assessments-Timeline
Assessment timeline is shown below and will correspond with City Council meetings:
Order feasibility report -March 2020
Receive feasibility report and order public hearing for the project -Summer 2020
Hold public hearing for the project, adopts resolution ordering the improvement and preparation of plans and specifications -Fall 2020
Accept plans and specifications and order advertisement for bids for the project -Winter 2020
Award Bids for the project -March 2021
Construct Project -June through September 2021
Declare costs and order preparation of proposed assessment and call assessment hearing-September 2021
Final assessment hearing, adopt and confirm assessments -October 2021
14 of 69
Garden Avenue
History of Garden
Road was originally constructed in the 1950’s
Road was widen to current conditions in the 1970’s
Project was originally scheduled for a reclaim and inlay in 2015
Potential Issues/Opportunities
School zone & lack of pedestrian infrastructure
Sidewalk assessment district
Proposed public involvement
15 of 69
Sidewalk Assessment District -Option
435.44 SIDEWALK IMPROVEMENT DISTRICTS; COSTS SPLIT BY BENEFIT.
Subdivision 1.Authorized.
Any municipality may, by ordinance, establish sidewalk improvement districts within a municipality, and have authority to defray all or part of the total costs of sidewalk construction and repair by district benefits and apportioning the district's cost to all of the parcels located in the district on a direct or indirect benefit basis.
Subd. 2.For safety.
The governing body of any municipality may establish sidewalk districts on the basis that all areas within each district have safe pedestrian walkways to and from schools and school bus stops, public transportation facilities, and other services to the neighborhood and community.
Subd. 3.Uniformity; wide sidewalks; indirect benefit.
The total costs of sidewalk district improvements may be apportioned and assessed to all parcels or tracts of land located in the established assessment district on a uniform basis as to each classification of real estate. Where sidewalk widths are wider than the standard width of the district, the additional costs may be assessed as a direct benefit to the abutting property. An indirect district benefit assessment may involve all parcels or tracts of land located in the assessment district without regard to location of sidewalks, as it is deemed that all parcels or tracts of land within the assessment district benefit equally.
Subd. 4.Up to five years.
The governing body may assess the costs on all district sidewalk improvements up to a maximum of five years on equal annual installments, plus interest on the unpaid balance.
16 of 69
Sidewalk Assessment District -Option
Would need to establish a City Ordinance
Define improvement area
Define type of improvements
17 of 69
Garden Ave –Existing west of Holton –36’ wide
18 of 69
Garden Ave –Existing west of Holton –36’ wide
19 of 69
Garden Ave –Option A west of HoltonNarrow road to 29’ with 7’ SW adjacent to curb
20 of 69
Garden Ave –Option A west of HoltonNarrow road to 29’ with 7’ SW adjacent to curb
21 of 69
Garden Ave –Option B west of HoltonNarrow road to 25’ with 6’ SW and 6’ turf boulevard
22 of 69
Garden Ave –Option B west of HoltonNarrow road to 25’ with 6’ SW and 6’ turf boulevard
23 of 69
Garden Ave –Falcon Heights Elementary
Narrow road at ends to 29’ with 7’ SW adjacent to curb
24 of 69
Garden Ave –Falcon Heights Elementary
Narrow road at ends to 26’ with 7’ SW adjacent to curb small boulevard
25 of 69
Garden Avenue –Public Involvement
#1 Preliminary Feedback
Neighborhood Meeting in April or May 2020 –
Falcon Heights PTA meeting in April or May 2020
Council receives feasibility report
#2 Secondary feedback on updated design options and costs
Neighborhood Meeting in September 2020
#3 Public Hearing -October 2020
Council meeting to approve final layout.
Authorize preparation of plans and specifications
Overall 2021 PMP
Accept plans and specifications and order advertisement for bids for the project -Winter 2020
Award Bids for the project -March 2021
Construct Project -June through September 2021
Declare costs and order preparation of proposed assessment and call assessment hearing-September 2021
Final assessment hearing, adopt and confirm assessments -October 2021
26 of 69
Questions?
27 of 69
BLANK PAGE
28 of 69
1 | Page
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
February 12, 2020 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___
MIAZGA ___ WEHYEE___
STAFF PRESENT: THONGVANH____
C. PRESENTATION
D. APPROVAL OF MINUTES:
1. January 15, 2020 City Council Workshop Minutes
2. January 22, 2020 City Council Meeting Minutes
Approved 5-0
E. PUBLIC HEARINGS:
1. Ordinance Amendment to Chapter 14 of the City Code
City Administrator Thongvanh
A state license is only required if the contractor specializes in more than one skill set such as
mechanical, plumbing, building (remodel, roof, windows). However, if the contractor only
specializes in one skill set such as fence, signs, and cement work then they do not need a state
license. City Staff researched multiple cities and found that they have created a licensing
program to ensure that contractors and residents are safe during the projects. Falcon Heights
does license contractors, but the City Code language is thin and needs updating. The current
Code simply states that contractors who do not have a state license must be licensed by the city.
No definition of a contractor is provided.
At the January 15, 2020, City Council workshop, council members, and city staff discussed the
proposed changes, which include specific examples of contractors who would be required to
obtain a city license, and the process of obtaining a license. The current City Code states that all
contractor licenses must be approved by the city council.
City staff is proposing to change the process and allow City Administrator to review the license
applications, which is a similar process for solicitor/peddler licenses. The reason for changing
the process is that current practice can delay the contractor’s project and start date. With this
change, it will speed the pace and the project can start on time.
29 of 69
2 | Page
Eric McPheeters (1480 California Ave. W.)
Showed concerns for the reasoning behind the General Contractor license and the fees that are
associated with it. Is it to increase the fees going to the city? We already have permit costs
associated with it. The state licensing requires all general contractors to be licensed unless you
only have one skillset.
Mayor Gustafson stated the purpose of the code amendment is for contractors who are
operating in the city are insured and able to apply for permits, and residents are protected by
the licensures and insurance. If the contractor holds a state license then we consider them a
licensed, bonded, and insured contractor by the State of Minnesota and qualify here in the
locality, which is similar to other cities. We are trying to be consistent with cities who have
similar code in terms of making certain that when a resident gets a building permit, the
contractor is licensed or bonded and insured by the state. It protects the residents, city, and
contractor.
City Administrator Thongvanh added that if the contractor has multiple skill sets such as
renovations then you are required to be licensed by the state, which makes them bonded for
insurance. However, if you only have one skill set such as cement work, the state does not
require you to be bonded or go through the process.
Therefore, you will have to apply for a city license to apply for a building permit. Multiple cities
have determined that if the contractor is not bonded by the state for a single skill set then the
city is going to require a bonding application in terms of safety. If the homeowner is the general
contractor and doing the project, they do not have to complete the city license but must
complete a building permit to work on your homes such as replacing a window, entry door,
and porch.
Council Member Leehy, Approved 5-0
F. CONSENT AGENDA:
1. General Disbursements through: 2/07/20 $119,610.95
Payroll through: 1/31/20 $18,852.92
2. Approval of City License(s)
3. Resignation of Ben Smith from the Falcon Heights Fire Department
Approved 5-0
G: POLICY ITEMS:
1. Consider changes to the City Code concerning vegetation, forestry, and landscaping
City Administrator Thongvanh
The Planning Commission held a public hearing to consider changes to Chapters 54 and 113 of
the City Code at their January 28, 2020 meeting. In addition, the city council also discussed
changes at the January 15 and February 5, 2020 workshops. We are excited to bring forward the
Ordinance for adoption so that residents will have the ability to plant and maintain native
landscaping on their properties.
30 of 69
3 | Page
Resources will be provided from the watershed districts, state agencies, and other groups. There
will also be grant monies for residents who are looking to plant natives. The information and
visuals will be available after the adoption of the Ordinance.
Councilmember Miazga is excited to see it happening. The Environment Commission began
drafting the ordinance a year ago after research surrounding cities on their landscaping
ordinances. The commission also did a survey online and received positive feedback. They did
a terrific job.
Councilmember Leehy requested the pink border to be thicker to help residents see it and
distinguish the difference but otherwise the visual looks amazing. Mayor Gustafson reminded
that residents must maintain the plants/grass and well-kept for safety, there are a right-of-way
and yard setback (2 feet) and cannot plant on the boulevard.
Council Member Andrews, Approved 5-0
2. Consider approval of agreement with Center for Energy and Environment to
perform Home Energy Squad visits
City Administrator Thongvanh
Councilmember Miazga and the Environment Commission requested that $2,500 be added to
the 2020 city budget for facilitating a Home Energy Squad partnership with the Center for
Energy and Environment. The program provides great benefits to the residents by having an
energy consultant who will evaluate energy saving opportunities and install energy-efficient
materials such as door weather stripping, LED light bulbs, and high-efficiency water fixtures.
In the agreement, the city will use the $2,500 to subsidize the costs to residents, and each
household will have to pay only $50.00 for the visit and consultation. The program is currently
budgeted for one year but may be continue depending on interest and available funds.
Councilmember Wehyee asked about the income threshold for the potential free visits that are
available for income-based families and processes. City Administrator Thongvanh stated that
the family would have to apply through Center Point or Xcel Energy.
They will have their criteria of requirements that are income-based.
Council Member Wehyee, Approved 5-0
H. INFORMATION/ANNOUNCEMENTS:
Council Member Andrews
• The Environment Commission did not meet because of a lack of quorum.
• A couple of weeks ago, Councilmember Wehyee and I attended a two-day training
session with the League of Minnesota Cities. The training was well done and very
helpful.
• CTV is doing a new series of podcasts and will be available online and on local cable. I
will be featured in one of the podcasts. The goal is to introduce newly elected officials to
the community.
31 of 69
4 | Page
Council Member Miazga
• NYFS met and continues to look at sustainability and the replacement of Jerry
Hromatka.
• The Falcon Heights Elementary School is making progress with the levy money to
expand its welcome center for the after school program and other locations in the
building.
• The Hamline Dental is open and is located at Larpenteur Avenue and Hamline Avenue.
It is nice to see it occupied.
Council Member Leehy
• The Parks and Recreation meeting is on Monday, March 2, at 6:30pm. The meeting will
be at the city council chambers. We also have openings and if you are interested in
serving the commission, please apply online or in the city hall.
• On Saturday, February 8, our state representative held their town meeting. The city will
be having the first town hall event called Breakfast with City Council on Saturday,
March 21 from 10am-12pm at city hall. The city will provide food and beverages.
Council Member Wehyee
• On Monday, February 3, the Community Engagement Commission (CEC) hosted the
Human Rights Day “Food Security and Child Hunger” event and it was a successful.
We also had CTV interview the guest speakers, a census representative, Mayor
Gustafson, and Shirley Reider who was the previous chair to CEC. Representative Alice
Hausman was present and included the event in her newsletter. The CEC is hoping to
collaborate with the Sheridan Story for volunteer opportunities and events.
• My first CEC meeting was on January 27, and we reviewed the strategic planning
report. We have a lot of work to do such as developing the CEC plan, updating the
liaison and new resident packets, create liaison events (spring and fall), a potential
collaboration with the Air National Guard on September 26, and lastly, create a
statement outlining Falcon Heights values and bring it to the city council workshop.
Adding on, we have two vacancies on the CEC. Pastor Rick King resigned on Monday,
February 10, and will be reaching out to the community if they are interested in serving
the commission. Our next meeting will be on Monday, February 24.
Mayor Gustafson
• The Planning Commission will not meet on February 25, due to caucuses and lack of
urgent business.
• The Community Response Training has five or more openings for Ramsey County,
meets on Wednesdays, and has nine sessions. It is free to attend and all are welcome.
• We had a Block Captain meeting and some neighborhood liaisons were present. In
Falcon Heights, we refer our block captains as neighborhood liaison, while other cities
do not. The topic was about tax fraud ID and tax, and coronavirus products such as
miracle cures, and romance.
• On Wednesday, March 4, is Coffee/Eggroll with a Cop at Eggroll Queen Cafe from
11:30am - 1pm.
• I spoke with the City of St. Paul, City Council President Amy Brendmoen who stated
today that they pulled out of their Consent Agenda on the approval of St. Paul Fire
32 of 69
5 | Page
Department withdrawing from the nearest unit response agreement that Falcon Heights
entered in 2015. This is separate from the Mutual Aid Agreement.
• I want to thank Ben Smith for his service and dedication. We are sad to see him leave.
Residents who are interested in joining the Fire Department please apply online. We are
a paid-on-call staff.
• I would like to thank the Public Works Department for plowing the snow on Sunday.
They did an amazing job.
City Administrator Thongvanh
• We have been applying for different grants this year.
• It is not public yet but we will be having a Baseball Clinic with the Twins in the summer.
Staff will be researching different venues in case of rainy weather since they do not
allow reschedules and if the Community Building is not available. We are also looking
to collaborate with different cities so that we can have the event in their community
spaces.
• The city is working towards the strategic planning report on increasing
communications, creating new events such as Breakfast with City Council, and a new
website.
• Summer seasonal positions are now available. Applications are online and at city hall.
I. COMMUNITY FORUM:
J. ADJOURNMENT:
________________________________
Randy Gustafson, Mayor
Dated this 12th day of February, 2020
_________________________________
Sack Thongvanh, City Administrator
33 of 69
BLANK PAGE
34 of 69
1 | Page
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
February 26, 2020 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: ANDREWS _X__ GUSTAFSON__X__ LEEHY_X__
MIAZGA _X__ WEHYEE_X__
STAFF PRESENT: THONGVANH_X___
C. PRESENTATION
1. Environment Commission Annual Report, Jim Wassenberg, Environment
Commission Chair
Jim Wassenberg, Environment Commission Chair
Jim reviewed the Environment Commission recent and future activities, which includes:
• Drafting of Native Landscaping code modifications (recently adopted)
• Continue to host the Sustainability Fair. In 2020, the commission will collaborate with St Anthony Citizens for Sustainability and Resilient Roseville
• Food Scraps Collection Site (recently approved and is located at City Hall parking lot)
• Community Communication through EC Corner on the Weekly E-newsletter
• Home energy audit promotion
• Investigate future projects for Planned Urban Development, Beekeeping, EV charging station, Greening of Schools
• Continued outreach to other Twin Cities Environmental Commissions and Groups
D. APPROVAL OF MINUTES:
N/A
E. PUBLIC HEARINGS:
1. Ordinance Amendment to Chapter 46 of the City Code
City Administrator Thongvanh
The proposed ordinance changes were introduced at the November 2019 City Council Workshop
meeting. City Staff presented the proposed ordinance again at the January 2020, and February 2020
City Council Workshops. The changes include clarifications on vehicles that may park where and for
how long. In addition, we will also change the parking fine to $50. The next change is on the snow
removal period and provides clarity on how snow events are handled when it comes to parking.
Mayor Gustafson received a letter from a concerned citizen regarding the 72-hour versus the 48-hour
period when the snowfalls. City Administrator clarified that it is the amount of time allowed between
35 of 69
2 | Page
from start to finish. The 72 hours were in place when the city contracted with the Ramsey County for
snowplow and now with two owned trucks, Public Works plows the street. We are getting done
quicker and allowing 48 hours to plow the streets is reasonable.
Mayor Gustafson received another letter from a concerned citizen who lives in the Northome
neighborhood regarding the 48 hours on a vehicle parked on our streets. Mr. Gustafson stated that
Falcon Heights always had the 48 hours restriction. The proposed ordinance is to clarify what a
passenger vehicle is versus a truck/bus/recreational vehicle.
Jim Wassenberg, Environment Commission Chair
I would like to thank Public Works for their hard work and dedication to plow our streets. I want to
make a comment that I appreciate the changes to the ordinance that will allow the city to maintain
the roads.
Council Member Leehy
I want to point out on the fee schedule item for Solicitors, Peddlers, and Transient Merchants. If you
received a door-knock from a solicitor and who does not have a city license, please direct them to the
city hall and notify the city staff. The company must submit a Solicitors, Peddlers, and Transient
Merchants license for each individual. The City Administrator must approve the application and the
license is not transferable.
Council Member Wehyee
Asked City Administrator on how the fee schedule is determined. City Administrator Thongvanh
stated that every year he brings the fee schedule to the city council workshops to review if there need
to be any changes. If the fee schedule does not have any changes then it will be an overview. If there
is a significant change to the fee schedule such as the false alarm, then we do request staff to research
surrounding cities to make sure it is comparable and will go through multiple meetings.
Council Member Andrews
I appreciate raising the parking fee to $50. It will help during fair time and prevent parking issues.
Council Member Miazga, Approved 5-0
F. CONSENT AGENDA:
1. General Disbursements through: 2/18/20 $82,879.31
Payroll through: 2/15/20 $18,632.59
2. Appoint Pedro De Filippo Vannucci to the Environment Commission
3. Resignation of Rick King from the Community Engagement Commission
Pedro De Filippo Vannucci
I am thankful for accepting me to the youth Environment Commission. I am excited to
volunteer for Falcon Heights and help build a sustainable and environmental city.
Mr. Wassenberg added that the Pioneer Press wrote an article about Falcon Heights appointing
its first youth commissioner after launching the program last year.
36 of 69
3 | Page
G: POLICY ITEMS:
1. Amendment to Administrative Manual Regarding Guidelines for Snow and Ice
Control
City Administrator Thongvanh
The City Council requested that staff look into a snow removal policy outside of the formal City
Code. City staff found a snow and ice policy in the existing Administrative Manual; however, it is
unknown when the policy was last revised. With no revised date, the city decided to update the
Administrative Manual, which includes the language noting that the City performs its plowing of
local streets as well as updated information on pathway plowing, and specific information related to
property damage, parking restrictions, and responsibilities of property owners. The current and
proposed policy borrows language from existing policies in Roseville and Arden Hills. Staff believes
these changes will provide an important communication tool to residents during winter months.
A reminder about the manual. It gives staff guidance on how to approach different situations and
scenarios. In addition, it also helps our residents understand the process of how we handle each
situation and scenario.
Council Member Leehy
I appreciate how staff is combing through and getting the policies, ordinances, and manual
updated. I request I would like to make it have a revision stamp in order to help future
revisions.
Council Member Wehyee, Approved 5-0
H. INFORMATION/ANNOUNCEMENTS:
Council Member Andrews
• The State of Minnesota is part of the Super Tuesday for the Primary Election for the
Presidential Election. It is on Tuesday, March 3, from 7AM-8PM. I encourage
everybody to go vote.
Council Member Miazga
• Regarding the Primary Election, residents can vote at two polling places. If you live West of Snelling Ave, you will vote at City Hall. If you live East of Snelling Ave, you will vote at Falcon Heights United Church of Christ. Last night, I attended the caucus and was grateful to see many community members of the event.
• The Falcon Heights bonding bill is still pending. I sent letters to all the senate bonding
committee members.
• NYFS is getting closer to hiring a new president and director. They are down to five applicants.
37 of 69
4 | Page
• I am very grateful that we live in a state where the state Health Department is well funded
by the governor and educated. The governor is well in touch with the Centers for Disease
Control and Prevention (CDC), and Health Department daily to be informed about the coronavirus. We live in a good state.
Council Member Leehy
• Parks and Recreation Commission meeting is on Monday, March 2. The city commission
meetings are open to the public and can provide public inputs.
Council Member Wehyee
• I have been communicating with the University of Minnesota and Commonwealth Terrace Cooperative (CTC) boards and am requesting representatives to do a formal
presentation at the city hall. The presentations will help residents be aware of the
proposals on the potential renovation and redevelopment at CTC.
• The Community Engagement Commission (CEC) meeting was on Monday, February 24.
• Updates:
• We have the honor of having Sue Gerhz, who was the former mayor of the
city. She spoke about the history of our commission and provided updates
on the Peace Garden. They are looking for volunteers for the groundbreaking on July 7. More information will be provided in the next few months and get community members to involve volunteering opportunities.
• Continue to review the strategic planning report and create a CEC plan in
the 1st quarter. We expect to accomplish the plan soon. The commission will also present the plan to the City Council in April. In addition, we also brainstormed on how to get more community involvement and increase participation from residents and the city council.
• Continue to update the New Resident packet and Neighborhood Liaison handbook
• Spring Together is on Saturday, June 6 from 11am-2pm.
• Breakfast with City Council is on Saturday, March 21 from 10am-noon.
• There are two openings and if you are interested in joining the
commission, please apply.
• I received an email from a resident stating that the city has improved on communications to the community. I was happy to hear about it because our main goal is to improve our communications with the residents.
Mayor Gustafson
• Breakfast with City Council is on Saturday, March 21, from 10am-noon. All are welcome
to attend.
• On Friday, March 24, the League of Women Voters Roseville Area is hosting How Are
Our Cities Addressing Environmental Issues? event at Roseville Library Community
room at 6:30pm. I will be one of the panelists.
• Wednesday, March 4, is Coffee/Eggroll with a Cop at Eggroll Queen Café. The event
starts at 11:30am.
38 of 69
5 | Page
• The annual Scouting Day host by Sheriff’s Office is on Saturday, February 29. If you are
in a scout troop or know anyone who is, please attend the event.
City Administrator Thongvanh
• The Spring Newsletter will be out in mid-March.
• The 2020 Census is coming up and residents will be getting notifications on how to complete the form online and in-person. City staff will also put the information in the weekly newsletter.
• The warming house is closed for the season due to the warm weather. This year we had more people at the ice rink.
• City staff is starting to work on Spring Together, Baseball Clinic workshop, Ice Cream Social, and summer programs.
• Summer position applications are now open. City Staff attended the Roseville School
District job fair to promote the positions.
• A reason why we do not have the February 12, meeting minutes is that all the staff was working on data requests. Originally, it was just me but due to the huge amount of requests, I had all my staff assist me. They did a great job in helping and we were able to complete it.
• Fire Department Updates:
• Increase communications on social media and weekly newsletter.
• Received positive feedback from the firefighters regarding communications, training sessions, organization, and connecting with the community and cities.
• Audits: researching different helmets because the current ones are outdated and
need replacements. In addition, provide equipment that the department needs.
• The City of Roseville Fire Department has been helping us create a description for Assistant Fire Chief, Fire Chief, captains, and firefighters. The city never had this before so it is a great step in terms of making sure we have a professional department.
I. COMMUNITY FORUM: Please limit comments to 3 minutes per person. Items brought before the Council will be referred
for consideration. Council may ask questions for clarification, but no council action or discussion
will be held on these items.
J. ADJOURNMENT:
________________________________
Randy Gustafson, Mayor
Dated this 26th day of February, 2020
_________________________________
Sack Thongvanh, City Administrator
39 of 69
BLANK PAGE
40 of 69
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 3/03/20 $253,331.50
Payroll through: 2/29/20 $19,450.80
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 March 11, 2020
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
41 of 69
BLANK PAGE
42 of 69
43 of 69
44 of 69
45 of 69
46 of 69
47 of 69
48 of 69
49 of 69
50 of 69
51 of 69
BLANK PAGE
52 of 69
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Amendment to Administrative Manual Regarding Guidelines for Snow and Ice
Control
Description
In 2018, the City submitted an application for the FEMA Assistance to Firefighters
Grants in the amount of $111,000. The request included Personal Protective
Equipment (helmets, boots, hoods, coats and pants) for $63,000 and Modify
Facilities (Source Capture Exhaust Systems) for $48,000.
The City was denied the request for Personal Protective Equipment, but awarded
funds for the Source Capture Exhaust Systems. The grant is a 95/5 match. The City
Council accepted the grant in October 2019.
The City requested quotes from two companies to perform the installation of the
Source Capture Exhaust System. In addition to this work, it is necessary to install an
attachment onto one truck muffler and an electrical sub-panel.
Budget Impact Grant from FEMA would cover $45,714.28 of the project cost, with a required City
match of $2,285.72, for a total approved budget of $48,000. Anything above this
would be covered by city funds.
Plymovent system installation $42,597.00 (TNC Industries, Inc)
Muffler adapter for one fire truck $250.00
Installation of electrical sub-panel $5,600.00 (Tom Lynch)
Project total $48,447.00
Attachment(s) • Quote from TNC Industries, Inc
• Quote from Air Cleaning Technologies, Inc
Action(s)
Requested
Staff recommend approving the quote from TNC Industries, Inc for installation of
Plymovent system and authorize the City Administrator to authorized additional
work as necessary not to exceed $10,000.
Meeting Date March 11, 2020
Agenda Item Policy G1
Attachment Quotes
Submitted By Justin Markon, Community
Development Coordinator
53 of 69
BLANK PAGE
54 of 69
TNC__
Industries, Inc.
7100 Medicine Lake Road – Suite 200 – New Hope, MN 55427 – Phone (763) 559-0808 – Fax (763) 559-0111
January 30, 2020
Falcon Heights Fire Department
Attn: Assistant Chief Anton Fehrenbach
2077 Larpenteur Avenue West Falcon Heights, MN 55113
Re: Diesel Exhaust Extraction System
Dear Assistant Chief Fehrenbach,
We offer the following proposal for installing a vehicle exhaust extraction system for the
Falcon Heights Fire Station. The proposal includes all labor and Plymovent Equipment to
install a code compliant system. This vehicle exhaust extraction system meets or exceeds the NFPA requirements as well as the Minnesota State Mechanical Code requirements for a source capture system.
We will provide one Plymovent 3hp fan with a Plymovent OS3 Controller, wireless
transmitters for starting the system, magnetic grabbers, ductwork, installation labor and
materials. The fan will cover the three vehicles listed below.
Bay One and Three
Provide one Plymovent Model SBTA21 in the front of Bay 1 and Bay 3. The SBTA21 is
designed for vehicles with under carriage side exhaust that are backed into the station and
parked with the tailpipe within 29’ of the door. Ladder 757 will be parked in Bay One.
Engine 753 will be parked in Bay Three. Bay Two
Engine 752’s tailpipe is 42’ to the door when parked and therefore, it will be connected
using a Plymovent Model STR401 or Straight Rail Assembly with a complete trolley and
flex assembly. The STR is designed for bays with vehicles that have under carriage side
exhaust and are driven through the station or backed into the bay and parked with the tailpipe over 30’ from the door.
We include electrical wiring to the Plymovent OS3 control panel and from the OS3 to the
fan. We also include roofing and hole cutting for the duct penetration through the roof.
The price for the work outlined above is $40,972.
55 of 69
2
Falcon Heights would be responsible for installing the wireless transmitters in the three vehicles. If preferred, we will coordinate and pay for the installation of the three
transmitters for an add to the contract of $1625.
We appreciate the opportunity to work with Falcon Heights to protect their fire fighters.
Sincerely, TNC Industries, Inc.
Thomas P. Egan
Vice President
56 of 69
Mfgr.Part #Description Price Qty Extend
Plymovent Source CaptureExhaust Removal System
A Plymovent Source Capture System Meets or Exceeds
the following standards:
OSHA (Occupational Safety & Health Administration) -
"install local exhaust ventilation that removes harmful
fumes at their source - hose to tailpipe or stack exhaust"
Plymovent SBTA21-MG Sliding Balancer Track, SBTA21, Magnetic Nozzle.$0.00 2 $0.00PlymoventSTRA41-MG Straight Rail System for back-in bay. Rail length 40 ft..$0.00 1 $0.00
Plymovent TEV-5 5hp Fan, TEV style fan. 208-230V, 3 phase fan. 10" dia. inlet $0.00 1 $0.00
Plymovent OS3-5 Operation Control Box for 5hp fan:Wireless Transmitters (qty. 3) installed in FD VehiclesWireless Receiver
$0.00 1 $0.00
A.C.T.Installation of New Plymovent System:- Local Mechanical Labor- Lodging / Travel- Supports / Bracing- Spiral Ductwork & fittings- Tailpipe Modifications- Electrical Connection of Fan- Freight
$0.00 1 $0.00
A.C.T.Warranty All PlymoVent Equipment is covered under a three year warranty on ALL parts associated with the exhaust system (exclusions include obvious misuse and/or abuse, electrical surges or brown-outs, etc.). On-site local service is provided for one year
$0.00 1 $0.00
Budgetary Estimate: Installed System:$47,050.00 1 $47,050.00
Anton Fehrenback, Asst. ChiefFalcon Heights Fire Dept.2077 Larpenteur Ave. WestFalcon Heights, MN 55113anton.fehrenbach@falconheights.org
Quote Expires on:
Sales QuotationAir Cleaning Technologies, Inc.
221 Oak Street Bonner Springs, KS 66012-1028Ph. 913-422-0091 Fax: 913-422-0093www.aircleaningtech.net
Providing Clean Air in the Workplace!
203738 11/25/2019 5/25/2020
Salesperson: Rory Smith
DateQuote Number:
57 of 69
Mfgr.Part #Description Price Qty Extend
Tax
I accept the terms and conditions of this quotation.
Signed:______________________________________________
Name:_____________________ Title: ___________________
Date: ______/_______/_______ P.O. # __________________Total
Sub-Total $47,050.00
$47,050.00
58 of 69
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Community Park Building Inspection
Description The Community Park Building is used on a regular basis throughout the year for
various City events, Lions Club events, Recreational Programs, and as a rental for
many private events.
In the last five years, the City has continued to do visual inspections and repairs.
During the 2019 visual inspections and repairs, concerns were discovered that will
need further investigation is we want to continue to use that facility. The building
is brick and wood constructed.
Bolton & Menk was recommended by our City Engineer, a firm they have used in
the past. Services provided will include:
•Perform a one-day field investigation of accessible portions of the building.
•Evaluate the structural impacts to the facility based on the current observed
deterioration.
•Prepare a rehabilitation recommendations letter report outlining potential
repair and rehabilitation methods and expected design life of those repairs
or rehabilitations.
•Develop budgetary cost estimates for potential structural repairs and
rehabilitations.
•Participate in 1 meeting with City staff to discuss the habitation
recommendations.
Budget Impact The cost is not to exceed a fixed fee of $5,500.
Attachment(s) •Proposal
Action(s)
Requested
Staff would recommend approval of proposal for engineering services for the
Community Park building for structural evaluation and recommendations.
Meeting Date March 11, 2020
Agenda Item Policy G2
Attachment Quote
Submitted By Sack Thongvanh, City Administrator
59 of 69
BLANK PAGE
60 of 69
November 7, 2019
Sack Thongvanh
City Administrator
2077 West Larpenteur Avenue
Falcon Heights, MN 55113
RE: Proposal for Engineering Services
Community Park Building Structural Evaluation and Recommendations
Dear Mr. Thongvanh,
Thank you for providing Bolton & Menk this opportunity to assist you in developing a solution to the
structural deterioration of your community park building. We have developed the following proposal
which outlines our anticipated scope of services, estimated fee and assumptions.
Our scope of work and associated fee was developed based on our field visit to the facility on November
1st and the Power Point photos you provided. The building was locked during our initial site visit, so our
observations and proposed scope of services is based on our observation of the exterior.
Photograph 1: Exterior View of Community Park Building
61 of 69
Name: Sack Thongvanh
City of Falcon Heights
Date: November 7, 2019
Page: 2
Photograph 2: Initial Façade Repairs Under Way
Photograph 3: Apparent Distress in Upper Level Windows
62 of 69
Name: Sack Thongvanh
City of Falcon Heights
Date: November 7, 2019
Page: 3
Because the scope of potential repair work has not been fully developed for this facility, we would
recommend a phased approach. The first phase would entail conducting a field investigation, evaluating
the conditions observed and developing a recommendations report. The recommendations report can then
be reviewed with City staff and stakeholders to prioritize the required repairs.
Field Investigation, Evaluation and Recommendations Report
We would recommend the following tasks to better determine the condition of the building and assist the
City in prioritizing future repairs and improvements.
Perform a one-day field investigation of accessible portions of the building.
Evaluate the structural impacts to the facility based on the current observed deterioration.
Prepare a rehabilitation recommendations letter report outlining potential repair and rehabilitation
methods and expected design life of those repairs or rehabilitations.
Develop budgetary cost estimates for potential structural repairs and rehabilitations.
Participate in 1 meeting with City staff to discuss the rehabilitation recommendations.
Design and Bidding Document Preparation
Based on the rehabilitation recommendations letter report, the City can select a potential rehabilitation
method that best fits their budget, operational and schedule requirements. A summary of tasks and related
fee can be developed and provided to the City after completion of the recommendations report.
In preparing this proposal, we have noted the following assumption, exclusions and anticipated scope of
services provided by others. Please review these and respond if any adjustments are required.
Proposal assumptions:
1. The City will provide access to the facility by staff familiar with past deterioration.
2. We have not included design and bidding phase services. The scope of the structural design and
bidding phase work cannot be adequately determined at this time. We would be happy to provide
an estimate for these services once the recommendation report is complete and the design phase
scope of services can be adequately determined.
Information/Scope of services provided by others:
1. City will provide access to their existing building design documents for determination and
documentation of the existing conditions.
2. City will provide access and ladders to review conditions above ceiling access panels, if present.
3. Application and coordination of building code reviews and applicable building permits.
Proposal Exclusions:
1. Petrographic, destructive or non-destructive testing services
2. Environmental work related to hazardous material identification and disposal
3. Structural special inspections
4. Civil design and surveying
We propose to complete the field investigation, evaluation and recommendations report for a not to
exceed fixed fee of $5,500. Additional services, if requested, will be billed at our standard hourly rates.
63 of 69
Name: Sack Thongvanh
City of Falcon Heights
Date: November 7, 2019
Page: 4
We are excited at the opportunity to complete this project for the City of Falcon Heights. Please contact
me at (612) 772-4272 or eric.leagjeld@bolton-menk.com if you have any questions regarding this
proposal.
Sincerely,
Bolton & Menk, Inc.
Eric Leagjeld, PE Marcus Thomas, PE
Senior Project Manager Principal Engineer
64 of 69
Terms Public Client 2019 Compact 10 pt Page 1 of 5 2019 (20190712)
TERMS OF PROPOSAL
The accompanying Proposal, Offer or Scope Document (referred to as "Service Documents") describes the “Project” and
“Services” to be performed and is subject to the following terms and conditions. These Terms of Service (referred to as
"Terms") are an integral part of the Services as if stated directly therein. No change or deviation from these Terms will be
binding without the written approval of Bolton & Menk, Inc. (BMI). Such changes may require an adjustment in the proposed
fee, schedule or scope.
SECTION I - CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform the Services as
described in the attached Service Documents.
B. Upon mutual agreement of the parties hereto,
Additional Services may be authorized as described in
Paragraph IV.B.
SECTION II - THE CLIENT'S
RESPONSIBILITIES
A. The CLIENT shall promptly compensate the
CONSULTANT in accordance with Section III of these Terms.
B. The CLIENT shall place any and all previously
acquired information in its custody at the disposal of the
CONSULTANT for its use. Such information shall include but
is not limited to: boundary surveys, topographic surveys,
preliminary sketch plan layouts, building plans, soil surveys,
abstracts, deed descriptions, tile maps and layouts, aerial
photos, utility agreements, environmental reviews, and
zoning limitations. The CONSULTANT may rely upon the
accuracy and sufficiency of all such information in
performing services unless otherwise instructed, in writing,
by CLIENT.
C. The CLIENT will guarantee access to and make all
provisions for entry upon public portions of the project and
reasonable efforts to provide access to private portions and
pertinent adjoining properties.
D. The CLIENT will give prompt notice to the
CONSULTANT whenever the CLIENT observes or otherwise
becomes aware of any defect in the proposed project.
E. The CLIENT shall designate a liaison person to act
as the CLIENT'S representative with respect to Services to
be performed. Said representative shall have the authority
to transmit instructions, receive instructions, receive
information, interpret and define the CLIENT'S policies with
respect to the project and CONSULTANT'S services.
F. The CONSULTANT’S services do not include legal,
insurance counseling, accounting, independent cost
estimating, financial advisory or “municipal advisor” (as per
2010 Dodd-Frank Reform Act and SEC rules) services and
the CLIENT shall provide such services as may be required
for completion of the Project.
G. The CLIENT will obtain any and all regulatory
permits required for the proper and legal execution of the
Project. CONSULTANT will assist CLIENT with permit
preparation and documentation to the extent described in
the attached Service Documents.
H. The CLIENT may hire, at its discretion, when
requested by the CONSULTANT, an independent test
company to perform laboratory and material testing
services, and soil investigation that can be justified for the
proper design and construction of the Project. The
CONSULTANT shall assist the CLIENT in selecting a testing
company. Payment for testing services shall be made
directly to the testing company by the CLIENT and is not
part of the Services, unless explicitly included in the Service
Documents. If CLIENT elects not to hire an independent test
company, CLIENT shall provide CONSULTANT with guidance
and direction on completing those aspects of design and
construction that require additional testing data.
SECTION III - COMPENSATION FOR
SERVICES
A. FEES.
1. The CLIENT will compensate the CONSULTANT in
accordance with the Proposal.
2. The Schedule of Fees shall apply for services
provided through end of current year. Hourly rates may be
adjusted by CONSULTANT, in consultation with CLIENT, on
an annual basis thereafter to reflect reasonable changes in
its operating costs. Adjusted rates will become effective on
January 1st of each subsequent year. Rates and charges do
not include sales tax, if applicable. If such taxes are imposed
and become applicable after the date of these Terms,
CLIENT agrees to pay any applicable sales taxes.
3. Additional Services as outlined in Section I.B will
65 of 69
Terms Public Client 2019 Compact 10 pt Page 2 of 5 2019 (20190712)
vary depending upon project conditions and will be billed
on an hourly basis at the rates described in Section III.A.1.
4. Expenses required to complete the agreed scope
of services will be invoiced separately, and include but are
not limited to large quantities of prints; extra report copies;
out-sourced graphics and photographic reproductions;
document recording fees; special field and traffic control
equipment rental; outside professional and technical
assistance; geotechnical services; and other items of this
general nature required by the CONSULTANT to fulfill the
Services. CONSULTANT shall be reimbursed at cost plus an
overhead fee (not-to-exceed 10%) for these Direct Expenses
incurred in the performance of the work, subject to the
Total cost not to exceed fee or approved Additional
services.
B. PAYMENTS AND RECORDS
1. The payment to the CONSULTANT will be made by
the CLIENT upon billing at intervals not more often than
monthly at the herein rates and terms.
2. If CLIENT fails to make any payment due
CONSULTANT for undisputed services and expenses within
45 days after date of the CONSULTANT'S invoice, a service
charge of one and one-half percent (1.5%) per month or the
maximum rate permitted by law, whichever is less, will be
charged on any unpaid balance.
3. In addition to the service charges described in
preceding paragraph, if the CLIENT fails to make payment
for undisputed services and expenses within 60 days after
the date of the invoice, the CONSULTANT may, upon giving
seven days' written notice to CLIENT, suspend services and
withhold project deliverables due until CONSULTANT has
been paid in full for all past due amounts for undisputed
services, expenses and charges, without waiving any claim
or right against the CLIENT and without incurring liability
whatsoever to the CLIENT.
4.Documents Retention. The CONSULTANT will
maintain records that reflect all revenues, costs incurred
and services provided in the performance of the Services.
The CONSULTANT will also agree that the CLIENT, State or
their duly authorized representatives may, at any time
during normal business hours, and as often as reasonably
necessary, have access to and the right to examine, audit,
excerpt, and transcribe any books, documents, papers,
records, etc., and accounting procedures and practices of
the CONSULTANT which are relevant to the Services for a
period of six years.
SECTION IV - GENERAL
A. STANDARD OF CARE: Professional services
provided under the Service Documents will be conducted in
a manner consistent with that level of care and skill
ordinarily exercised by members of the CONSULTANT’S
profession currently practicing under similar conditions. No
warranty, express or implied, is made.
B. CHANGE IN PROJECT SCOPE: In the event the
CLIENT changes or is required to change the scope or
duration of the project from that described in the Service
Documents, and such changes require Additional Services
by the CONSULTANT, the CONSULTANT shall be entitled to
additional compensation at the applicable hourly rates. To
the fullest extent practical, the CONSULTANT shall give
notice to the CLIENT of any Additional Services, prior to
furnishing such Additional Services. The CONSULTANT shall
furnish an estimate of additional cost, prior to authorization
of the changed scope of work and the Terms will be
amended.in writing.
C. LIMITATION OF LIABILITY
1.General Liability of CONSULTANT. For liability
other than professional acts, errors, or omissions, and to
the fullest extent permitted by law, CONSULTANT shall
indemnify, defend and hold harmless CLIENT from losses,
damages, and judgments (including reasonable attorneys’
fees and expenses of litigation) arising from claims or
actions relating to the Project, provided that any such claim,
action, loss, damages, or judgment is attributable to bodily
injury, sickness, disease, or death, or to injury to or
destruction of tangible property, but only to the extent
caused by the acts and omissions in the non-professional
services of CONSULTANT or CONSULTANT’S employees,
agents, or subconsultants.
2.Professional Liability of CONSULTANT. With
respect to professional acts, errors and omissions and to
the fullest extent permitted by law, CONSULTANT shall
indemnify and hold harmless CLIENT from losses, damages,
and judgments (including reasonable attorneys’ fees and
expenses of litigation) arising from third-party claims or
actions relating to the Project, provided that any such claim,
action, loss, damages, or judgment is attributable to bodily
injury, sickness, disease, or death, or to injury to or
destruction of tangible property, but only to the extent
caused by a negligent act, error or omission of
CONSULTANT or CONSULTANT’S employees, agents, or
subconsultants. This indemnification shall include
reimbursement of CLIENT’S reasonable attorneys’ fees and
expenses of litigation, but only to the extent that defense is
insurable under CONSULTANT’S liability insurance policies.
66 of 69
Terms Public Client 2019 Compact 10 pt Page 3 of 5 2019 (20190712)
3.General Liability of Client. To the fullest extent
permitted by law and subject to the maximum limits of
liability set forth in Minnesota Statutes Section 466.04,
CLIENT shall indemnify, defend and hold harmless
CONSULTANT from losses, damages, and judgments
(including reasonable attorneys’ fees and expenses of
litigation) arising from third-party claims or actions relating
to the Project, provided that any such claim, action, loss,
damages, or judgment is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of
tangible property, but only to the extent caused by the acts
or omission of CLIENT or CLIENT’S employees, agents, or
other consultants.
4. To the fullest extent permitted by law, CLIENT and
CONSULTANT waive against each other, and the other’s
employees, officers, directors, members, agents, insurers,
partners, and consultants, any and all claims for or
entitlement to special, incidental, indirect, or consequential
damages arising out of, resulting from, or in any way related
to the Services, from any cause or causes. CLIENT waives all
claims against individuals involved in the services provided
under these Terms and agrees to limit all claims to the
CONSULTANT’S corporate entity.
5. Nothing contained in the Service Documents or
these Terms shall create a contractual relationship with or a
cause of action in favor of a third party against either the
CLIENT or the CONSULTANT. The CONSULTANT'S services
are being performed solely for the CLIENT'S benefit, and no
other entity shall have any claim against the CONSULTANT
because of any agreement between CLIENT and
CONSULTANT for the performance or nonperformance of
Services provided hereunder.
D. INSURANCE
1. The CONSULTANT agrees to maintain, at
CONSULTANT’S expense a commercial general liability
insurance policy and, at its option, excess or umbrella
liability policy or policies, insuring CONSULTANT against
claims for bodily injury, death or property damage arising
out of CONSULTANT’S general business activities. The
general liability coverage shall provide limits of not less
than $2,000,000 per occurrence and not less than
$2,000,000 general aggregate. Coverage shall include
Premises and Operations Bodily Injury and Property
Damage; Personal and Advertising Injury; Blanket
Contractual Liability; Products and Completed Operations
Liability.
2. The CONSULTANT also agrees to maintain, at
CONSULTANT’S expense, a single limit or combined limit
automobile liability insurance policy and, at its option,
excess umbrella liability policy or policies, insuring owned,
non-owned and hired vehicles used by CONSULTANT for the
Services. The automobile liability coverages shall provide
limits of not less than $1,000,000 per accident for property
damage, $2,000,000 for bodily injuries, death and damages
to any one person and $2,000,000 for total bodily injury,
death and damage claims arising from one accident.
3. CLIENT shall be named Additional Insured for the
liability policies required in III.D.1 and 2.
4. The CONSULTANT agrees to maintain, at the
CONSULTANT'S expense, statutory worker's compensation
coverage together with Coverage B, Employer’s Liability (or
Stop Gap coverage in ND) limits of not less than $500,000
for Bodily Injury by Disease per employee, $500,000.00 for
Bodily Injury by Disease aggregate and $500,000 for Bodily
Injury by Accident.
5. During the period of design and construction of the
project, the CONSULTANT also agrees to maintain, at
CONSULTANT’S expense, Professional Liability Insurance
coverage insuring CONSULTANT against damages for legal
liability arising from an error, omission or negligent act in
the performance of professional services authorized by
CLIENT. The professional liability insurance coverage shall
provide limits of not less than $2,000,000 per claim and an
annual aggregate of not less than $2,000,000 on a claims-
made basis.
6. CLIENT shall maintain statutory Workers
Compensation insurance coverage on all of CLIENT’s
employees and other liability insurance coverage for injury
and property damage to third parties due to the CLIENT’S
negligence.
7. Prior to commencement of the Services,
CONSULTANT will provide the CLIENT with certificates of
insurance, showing evidence of required coverages. All
policies of insurance shall contain a provision or
endorsement that the coverage afforded will not be
canceled or reduced in limits by endorsement for any
reason except non-payment of premium, until at least 30
days prior written notice has been given to the Certificate
Holder, and at least 10 days prior written notice in the case
of non-payment of premium
E. OPINIONS OR ESTIMATES OF CONSTRUCTION
COST: Where provided by the CONSULTANT as part of the
Service Documents or otherwise, opinions or estimates of
construction cost will generally be based upon public
construction cost information. Since the CONSULTANT has
no control over the cost of labor, materials, competitive
bidding process, weather conditions and other factors
affecting the cost of construction, all cost estimates are
opinions for general information of the CLIENT and the
67 of 69
Terms Public Client 2019 Compact 10 pt Page 4 of 5 2019 (20190712)
CONSULTANT does not warrant or guarantee the accuracy
of construction cost opinions or estimates. The CLIENT
acknowledges that costs for project financing should be
based upon contracted construction costs with appropriate
contingencies.
F.CONSTRUCTION SERVICES: It is agreed that the
CONSULTANT and its representatives shall not at any time
supervise, direct, control, or have authority over any
contractor’s work, nor shall CONSULTANT have authority
over or be responsible for the means, methods, techniques,
sequences, or procedures of construction selected or used
by any contractor, or the safety precautions and programs
incident thereto, for security or safety at any Project site,
nor for any failure of a Contractor to comply with Laws and
Regulations applicable to that Contractor’s furnishing and
performing of its work. CONSULTANT shall not be
responsible for the acts or omissions of any Contractor.
CLIENT acknowledges that the on-site contractor(s) are
solely responsible for construction site safety programs and
their enforcement.
G. USE OF ELECTRONIC/DIGITAL DATA
1. Because of the potential instability of
electronic/digital data and susceptibility to unauthorized
changes, copies of documents that may be relied upon by
CLIENT are limited to the printed copies (also known as
hard copies) that are signed or sealed by CONSULTANT.
Except for electronic/digital data which is specifically
identified as a project deliverable, all electronic/digital data
developed by the CONSULTANT as part of the Project is
acknowledged to be an internal working document for the
CONSULTANT’S purposes solely and any such information
provided to the CLIENT shall be on an “AS IS” basis strictly
for the convenience of the CLIENT without any warranties
of any kind. As such, the CLIENT is advised and
acknowledges that use of such information may require
substantial modification and independent verification by
the CLIENT (or its designees).
2. Provision of electronic/digital data, whether
required by the Service Documents or provided as a
convenience to the Client, does not include any license of
software or other systems necessary to read, use or
reproduce the information. It is the responsibility of the
CLIENT to verify compatibility with its system and long-term
stability of media. CLIENT shall indemnify and hold
harmless CONSULTANT and its Subconsultants from all
claims, damages, losses, and expenses, including attorneys'
fees arising out of or resulting from third party use or any
adaptation or distribution of electronic/digital data
provided by CONSULTANT, unless such third party use and
adaptation or distribution is explicitly authorized by the
Service Documents.
H. REUSE OF DOCUMENTS
1. Drawings and Specifications and all other
documents (including electronic and digital versions of any
documents) prepared or furnished by CONSULTANT are
instruments of service in respect to the Project and
CONSULTANT shall retain an ownership interest therein.
Upon payment of all fees owed to the CONSULTANT, the
CLIENT shall acquire a limited license in all identified
deliverables (including Reports, Plans and Specifications) for
any reasonable use relative to the Project and the general
operations of the CLIENT.
2. CLIENT may make and disseminate copies for
information and reference in connection with the use and
maintenance of the Project by the CLIENT. However, such
documents are not intended or represented to be suitable
for reuse by CLIENT or others on extensions of the Project
or on any other project. Any reuse by CLIENT or, any other
entity acting under the request or direction of the CLIENT,
without written verification or adaptation by CONSULTANT
for such reuse will be at CLIENT'S sole risk and without
liability or legal exposure to CONSULTANT and CLIENT shall
indemnify and hold harmless CONSULTANT from all claims,
damages, losses and expenses including attorney's fees
arising out of or resulting from such reuse.
I. CONFIDENTIALITY: CONSULTANT agrees to keep
confidential and not to disclose to any person or entity,
other than CONSULTANT’S employees and subconsultants
any information obtained from CLIENT not previously in the
public domain or not otherwise previously known to or
generated by CONSULTANT. These provisions shall not
apply to information in whatever form that comes into the
public domain through no fault of CONSULTANT; or is
furnished to CONSULTANT by a third party who is under no
obligation to keep such information confidential; or is
information for which the CONSULTANT is required to
provide by law or authority with proper jurisdiction; or is
information upon which the CONSULTANT must rely for
defense of any claim or legal action.
J. PERIOD OF SERVICES: The obligations described
in these Terms and Service Documents will remain in effect
for the longer of a period of two (2) years after written
authorization to proceed is issued by the CLIENT or such
other expressly identified completion date set forth in the
Service Documents. The period for completion of Services
may be extended upon mutual agreement of the parties.
K. TERMINATION: The relationship and obligations
described in an agreement incorporating these Terms and
Service Documents (“Agreement”) may be terminated by
either party for any reason or for convenience by either
68 of 69
Terms Public Client 2019 Compact 10 pt Page 5 of 5 2019 (20190712)
party upon seven (7) days written notice. In the event of
termination, the CLIENT shall be obligated to the
CONSULTANT for payment of amounts due and owing
including payment for services performed or furnished to
the date and time of termination, computed in accordance
with Section III.
L. INDEPENDENT CONTRACTOR: Nothing herein is
intended or should be construed in any manner as creating
or establishing the relationship of co-partners between the
parties hereto or as constituting the CONSULTANT or any of
its employees as the agent, representative, or employee of
the CLIENT for any purpose or in any manner whatsoever.
The CONSULTANT is to be and shall remain an independent
contractor with respect to all Services performed.
M. CONTINGENT FEE: The CONSULTANT warrants
that it has not employed or retained any company or
person, other than a bona fide employee working solely for
the CONSULTANT to solicit or secure performance of the
Services, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any
other consideration, contingent upon or resulting from
authorization for performance of the Services.
N. NON-DISCRIMINATION: The provisions of any
applicable law or ordinance relating to civil rights and
discrimination shall be considered part of this Services as if
fully set forth herein. The CONSULTANT is an Equal
Opportunity Employer and it is the policy of the
CONSULTANT that all employees, persons seeking
employment, subcontractors, subconsultants and vendors
are treated without regard to their race, religion, sex, color,
national origin, disability, age, sexual orientation, marital
status, public assistance status or any other characteristic
protected by federal, state or local law.
O. ASSIGNMENT: Neither party shall assign or
transfer any interest in any agreements executed for
performance of the Services without the prior written
consent of the other party.
P. SURVIVAL: All obligations, representations and
provisions made in or given in Section IV and Documents
Retention clause of these Terms will survive the completion
of all services of the CONSULTANT or the termination of the
relationship for any reason.
Q. SEVERABILITY: If any provision or part of the these
Terms or any agreements executed for performance of the
Services is held to be void or unenforceable under any law
or regulation, that provision shall be deemed stricken, and
all remaining provisions shall continue to be valid and
binding upon CLIENT and CONSULTANT, who agree that the
Terms and any agreements executed for performance of
the Services shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the
intention of the stricken provision.
R. CONTROLLING LAW: These Terms and all
agreements executed for performance of the Services is to
be governed by the law of the State of Minnesota and
venued in courts of Minnesota; or at the choice of either
party, and if federal jurisdictional requirements can be met,
in federal court in the district in which the project is
located.
S. DISPUTE RESOLUTION: CLIENT and CONSULTANT
agree to negotiate all disputes between them in good faith
for a period of 30 days from the date of notice of dispute
prior to proceeding to formal dispute resolution or
exercising their rights under law. Any claims or disputes
unresolved after good faith negotiations shall then be
submitted to mediation using a neutral from the Minnesota
District Court Rule 114 Roster, or if mutually agreed at time
of dispute submittal, a neutral from the American
Arbitration Association Construction Industry roster. If
mediation is unsuccessful in resolving the dispute, then
either party may seek to have the dispute resolved by
bringing an action in a court of competent jurisdiction.
T. MINNESOTA GOVERNMENT DATA PRACTICES
ACT: All data collected, created, received, maintained, or
disseminated, or used for any purposes in the course of the
CONSULTANT’S performance of the Services is governed by
the Minnesota Government Data Practices Act, Minnesota
Statutes Section 13.01, et seq. or any other applicable state
statutes and state rules adopted to implement the Act, as
well as state statutes and federal regulations on data
privacy. The Consultant agrees to abide by these statutes,
rules and regulations and as they may be amended. In the
event the CONSULTANT receives a request to release data,
it shall notify CLIENT as soon as practical. The CLIENT will
give instructions to CONSULTANT concerning release of
data to the requesting party and CONSULTANT will be
reimbursed as Additional Services by CLIENT for its
reasonable expenses in complying with the request.
ATTACHMENTS: Scope and Fee Schedule
69 of 69