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HomeMy WebLinkAbout8-23-23 Regular Meeting CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA Wednesday, August 23, 2023 7:00 p.m. A. CALL TO ORDER: B. ROLL CALL: GUSTAFSON____ LEEHY___ MEYER ___ WASSENBERG ____ WEHYEE___ STAFF PRESENT: LINEHAN___ C. APPROVAL OF AGENDA D. PRESENTATION 1. Proclamation Honoring the Life and Service of Jan Gibson Talbot E. APPROVAL OF MINUTES: 1. August 2, 2023 City Council Workshop Meeting Minutes F. PUBLIC HEARINGS: G. CONSENT AGENDA: 1. General Disbursements through a. 8/16/23: $244,551.73 b. 8/21/23: $544,121.68 Payroll through 8/15/23: $ 22,843.98 Wire Payments through 8/15/23: $13,661.86 2. City Licenses 3. Authorization to Purchase up to (2) GL3000PMC Guidance Lasers for Plow Trucks 4. Promulgation of Ramsey County Countywide Comprehensive Emergency Operations Plan 5. 2023 Pavement Management Program Pay Estimate #2 H: POLICY ITEMS: 1. Ordinance 23-05: Amending Chapter 46-27 to Remove Definition of “Uniform” from Parking Fines 2. WSB Professional Services Proposal for Community Park Building and Site Improvements I. INFORMATION/ANNOUNCEMENTS: J. 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. K. ADJOURNMENT: 1 BLANK PAGE  2 CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue MINUTES August 2, 2023 6:30 P.M. A.CALL TO ORDER: 6:42 PM B. ROLL CALL:GUSTAFSON_X_ LEEHY_X_ MEYER _X_ WASSENBERG_X_ WEHYEE_X_ STAFF PRESENT: LINEHAN_X_ VAN DER WERFF_X_ C. POLICY ITEMS: 1.Law Enforcement Contract Update Administrator Linehan provides an update on the search for a new law enforcement partner. Council discussed what they would like to see included in a potential policing contract, it should be customized to Falcon Heights’ needs. These needs can be adjusted week by week. 2.Budget Calendar Administrator Linehan introduced a tentative meeting schedule for the Council to discuss the 2024 budget. He is proposing to have budget workshops after the regular scheduled meeting instead of having special meetings on different days. Linehan plans on keeping things brief and can explain further detail if needed. This schedule will be on next week Council Agenda for Council to approve and it will also be put on the City’s calendar. Everything needs to be in place for the budget by September 27, 2023 and then the preliminary levy will be approved. Linehan adds that hopefully, police costs will be more known by then. The levy can be decreased but not increased. 3.Sister City Program Administrator Linehan states that funds are included in the budget for miscellaneous items such as sister cities. Councilmember Wehyee asked for the topic to be included on the August agenda. Councilmember Wehyee presents the Sister Cities Program to the Council as a good way to showcase our city, highlight and foster our accomplishments. It can be as formal as a city wants it to be. The program is helpful in expanding world knowledge and expending cultural knowledge. There is no limit to the amount of sister cities one city can have. Small and large cities can have sister cities and even municipalities can participate. Sister cities are often chosen by looking at historical ties or cultural similarities. Councilmember Wehyee suggest multiple cities that would fit with Falcon Heights. One would be in Liberia, where Councilmember Wehyee still has many family members residing. One would be in France, specifically the town where the Larpenteur Family came from. A good fit could also be a city in Somalia. The Sister 3 City program comes with a lot assistance when it comes to setting up connections and maintaining the network. There are different models the City can choose from that works best for Falcon Heights. Mayor Gustafson wonders what kind of model would fit best for Falcon Heights, what would we be able to showcase to other cities. Councilmember Wehyee would like to bring in the Community Engagement Commission for ideas on model and structure of the program. We could learn from other cities about their governing model or how they hold meetings. Cities do not have to be in direct comparison to be able to learn from each other. He also believes it’s something the community would be excited about to participate in and some might not even know this program is possible for Falcon Heights. Councilmember Wassenberg adds it would be nice to bring in a sister city that is completely different and to learn even more from each other. Councilmember Meyer likes the idea and thinks cultural enrichment is exciting. He adds it’s a potential way to celebrate the different places the people of Falcon Heights come from. Council discussed if the Sister Cities program could connect with the Third Sphere program and if they should be introduced and launched at the same time in Falcon Heights or if one would take attention away from the other. Councilmember Wehyee adds that the registration itself would not take up too much time. Choosing a city and formalizing the relationship would require more time, but this does not need to be rushed or acted on right away. Councilmember Wassenberg asks if Sister Cities is a program that stays with us over time or if it is more a flurry of events. If it stays overtime, we can change how much we focus on it overtime. Council discussed if they should start with partnering with a domestic city first and then branch out to an international city. They then talked about how to pick a city and if this requires community involvement through a poll or a survey or if Council can pick a city. The topic was tabled for a later meeting to further discuss. D. ADJOURNMENT: 9:15 PM DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or action may be taken. Members of the public that would like to make a comment or ask questions about an item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the meeting. Alternatively, time is regularly allotted for public comment during Regular City Council Meetings (typically 2nd and 4th Wednesdays) during the Community Forum. 4 BLANK PAGE  5 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION August 23, 2023 No. 23-54 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - PROCLAMATION HONORING THE LIFE AND SERVICE OF JAN GIBSON TALBOT WHEREAS, Jan Gibson Talbot dedicated herself to the service of the City of Falcon Heights, striving to make it a better place for all its residents; and WHEREAS, she served with distinction on the City of Falcon Heights City Council from 1992 to 2000, shaping policy, advocating for the best interests of the community, and ensuring that the city flourished during her tenure; and WHEREAS, prior to her time on the City Council, Jan Gibson Talbot showcased her commitment to equality, justice, and fairness through her invaluable service on the Human Rights Commission, reinforcing the city’s pledge to uphold the rights and dignity of all its citizens; and WHEREAS, in her unwavering dedication to the welfare of the community, Jan Gibson Talbot founded HearthStone of Minnesota, establishing a legacy that would go on to uplift countless lives across the state; and WHEREAS, her later years saw her contributing her vast expertise and leadership to the Mille Lacs Academy as its Executive Director, nurturing and guiding the institution with the same passion she brought to every endeavor; and WHEREAS, in the early stages of her illustrious career, Jan Gibson Talbot held pivotal roles at the state level in Minnesota, her insights and dedication leaving an indelible mark on the state's social service landscape; and WHEREAS, Jan Gibson Talbot displayed a relentless passion for community involvement, earning the respect and admiration of her peers, constituents, and all who were privileged to work alongside her; and WHEREAS, beyond her civic duties, Jan was a beacon of strength, compassion, and resilience, teaching us all the meaning of courage as she battled cancer with unwavering determination and grace; and WHEREAS, her passing on August 18, 2023, marks the loss of a remarkable community leader, a steadfast advocate for justice, and a beloved figure in the City of Falcon Heights; NOW THEREFORE BE IT RESOLVED that I, Mayor, Randall C. Gustafson, on behalf of the City Council of the City of Falcon Heights, Minnesota, do hereby proclaim August 23, 2023, as: "JAN GIBSON TALBOT DAY" in the City of Falcon Heights. We urge all residents to reflect upon Jan’s invaluable contributions to our community, her enduring legacy of public service, and the lessons of perseverance and hope she instilled in us all. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WASSENBERG WEHYEE 6 BLANK PAGE  7 8 9 10 11 12 13 14 15 16 17 18 19 BLANK PAGE  20 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Approval of City License(s) Description The following individuals/entities have applied for a Municipal Business License for 2023. Staff have received the necessary documents for licensure. 1. Cox Insurance Associates The following individuals/entities have applied for a Multifamily Rental Dwelling License for 2023. Staff have received the necessary documents for licensure. 1. Gary Carlson/Birch Terrace; 1688 Arona Street 2. Gary Carlson/Birch Terrace; 1511 Larpenteur Ave. W. Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends approval of the City license applications contingent on background checks and fire inspections as required. Meeting Date August 23, 2023 Agenda Item Consent G2 Attachment N/A Submitted By Kelly Nelson Assistant to the City Administrator 21 BLANK PAGE  22 REQUEST FOR COUNCIL ACTION (RCA) City of Falcon Heights, Minnesota __________________________ Item Purchase up to (2) GL3000PMC Guidance Lasers to be installed on the City’s newest dump truck(s) prior to winter plowing. Description Staff has researched guidance lasers to be mounted on City plow trucks and determined it to be a reasonably cost-effective solution to aid in Public Works’ snowplowing efforts. The GL3000 PMC Guidance Laser uses a bright green laser to cast a plowing edge ahead of the plow truck where the edge of the plow blade will be. Green is the most visible color to the eye in all working conditions. As a result, the laser helps to reduce damage caused by plow strikes by 80 to 100%, saving the City money by reducing future damage to signs, grass, trees and streets and curbs, etc. The purchase price of up to two GL3000PMC Guidance Lasers to outfit two plow trucks will be will be $5,590. The City may start with one guide and add another later if determined to be beneficial. There may be additional costs for installation. Staff believes the purchase of up to two GL3000PMC Guidance Lasers to be a worthwhile purchase for the City to help diminish future damage caused from winter plowing. Budget Impact The purchase of up to two GL3000PMC Guidance Lasers at a cost of $2,795 each are not budgeted for in our capital plan. There are funds available in the capital plan. Attachment(s) • GL3000 PMC Guidance Laser Info Action(s) Requested Staff recommends the Falcon Heights City Council authorize the City Administrator to execute all necessary documents to purchase up to two GL3000PMC Guidance Lasers based on the quoted price from RDO Equipment Co. Meeting Date August 23, 2023 Agenda Item Consent G3 Attachment GL3000 PMC Guidance Laser Info Submitted By Colin Callahan, Public Works Director 23 US Patents No. 7,966,753 / 8,205,360 Lets you know where your wing plow trailing edge will be BEFORE you get there! Avoid costly plow damage and reduce downtime. LASER GUIDANCE WING & TOW PLOWS Used by over 40 DOTs and 150 municipalities to reduce plow strikes by over 90%! The safer way to plow! 24 The GL3000PMC Guidance Laser uses an “ultra- bright” green laser spot to establish wing plow trailing edge location before you get there. The laser spot impacts on the road/snow surface ahead of the truck and shows the driver where the wing plow trailing edge will be. The laser reference spot is on the road and in the driver’s normal field of view. The GL3000PMC is a class IIIa ultra bright green laser with 5mW of power. Green is the most visible to the eye in all working conditions. The GL3000PMC laser is U.S. CFR 21-1040 and Canadian IEC 60825 compliant. The GL3000PMC meets all federal U.S. OSHA and Canadian CCOS standards for operation. Laser: 532 NM Class IIIa Green Laser Power: 12 Power Draw: 4.0 Amps (Maximum Operating), 0.03 Amps (Sleep Mode) Operating Temperature: -40˚F to +122˚F (-40˚C to +50˚C) Pneumatic: 120 PSI / 12V DC Operation Laser Dimensions: Height: 6 3/8 Inches Length: 7 7/8 Inches Width (At Widest Point): 4 1/4 Inches Cable Length from Laser to Control Box: Feet 12V Power Cable Length from Control Box: 5 Feet Pneumatic Hose Length (Laser to Air Source): 20 Feet Shipping Weight: 25 Lbs. The GL3000PMC is a versatile all weather product that can also be used for guiding highway paint stripers, asphalt distributors, pavement profilers, or virtually any other vehicle or equipment requiring line control. Use it in the winter and summer for all your guidance needs. DISTRIBUTED BY: MAIN HOUSING Hermetically sealed and dry nitrogen charged, containing optic plate mounting platform, micro processor electronics, laser, laser mounting assembly, laser driver board, automatic cooling and heating system. The front window is automatically heated to reduce or eliminate icing. PNEUMATIC AIR BLAST MODULE Removes snow build up from laser exit window with automatic air blast every 5 seconds. CONTROL PANEL IN CAB Allows the operator to turn the laser on and off as well as the de- icing and automatic air blast functions. 25 FEET OF INTERCONNECT CABLE With waterproof mil spec in-line connector mounted between the laser main housing and the control panel mounted in the cab. 15 FEET OF 12V DC CABLE Running from control box for connection to vehicle’s 12V DC power. 20 FEET OF 1/4-INCH, DOT APPROVED PNEUMATIC HOSE LINE Complete with in-line vehicle’s secondary air Cuts damage caused by plow strikes by 80 to 100% • Less strain on the driver Reduces equipment down time • It’s much safer • It will save you money Phone 541 548 0882 • Fax 541 548 0892 www.LaserLineMfg.com 1810 SE First Street, Suite H, Redmond, OR 97756 Most common install location Operators view from cab Tow-plow guidance 25 BLANK PAGE  26 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Adoption of Countywide Emergency Operations Plan (EOP) Description The City of Falcon Heights relies on the professional oversight of the Ramsey County Emergency Management Agency and Homeland Security (RCEMA). The RCEMA adopts a comprehensive countywide emergency management plan as our standard operations for the County. The last plan was adopted by the County in 2005, and was adopted by the City of Falcon Heights shortly after. The attached memo from RCEMA Director Judd Freed was reviewed by the Ramsey County Board when adopted in June. As the full EOP is over 300 pages, we have uploaded the public version of the plan to our website here: https://www.falconheights.org/home/showdocument?id=4171&isPublished=F alse&t=638279497213778413 Budget Impact N/A Attachment(s) • Memo • Countywide Letter of Promulgation • Resolution 23-55 Action(s) Requested I recommend that the Falcon Heights City Council adopt the recently amended countywide emergency operations plan. Meeting Date August 23, 2023 Agenda Item Consent G4 Attachment Memo; Countywide Letter of Promulgation; Resolution Submitted By Jack Linehan, City Administrator 27 1 Sponsor: Emergency Management & Homeland Security Title ..title Adopting the Countywide Comprehensive Emergency Operations Plan ..end Recommendation ..recommendation The Ramsey County Board of Commissioners adopt the newly amended countywide Comprehensive Emergency Operations Plan. Each year, the County Manager and the Chair of the Board will review any changes to the plan. ..end Background and Rationale ..body A Comprehensive Emergency Operations Plan (CEOP) is required by several state and federal laws including Minnesota Statutes Chapter 12, Section 12.25 and Title VI of the PL 100-707, the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (USC 68, sec, 5121 et seq). For two decades, Ramsey County has adopted a countywide approach to emergency operations planning. This approach saves money for all municipalities and county government agencies by reducing duplicated efforts and by streamlining both training and exercises/practice. It leads to saving lives, property, and the environment through a common language and a common concept of operations. This amended Comprehensive Emergency Operations Plan (CEOP) is a complete rewrite of the existing document considering lessons learned from real world emergencies that have impacted Ramsey County over the past several years. It reflects necessary changes to our operational processes and directs attention to Ramsey County’s most vulnerable communities. This rewritten CEOP was developed with the input of many affected Ramsey County agencies and from our municipal partners, as well as outside subject matter experts to better prepare the county for disasters in the decades to come. The countywide CEOP serves as the required plan for all of Ramsey County’s suburban municipalities. ..end County Goals (Check those advanced by Action) ☒ Well-being ☒ Prosperity ☐ Opportunity ☒ Accountability Racial Equity Impact This CEOP specifically includes requirements directed to better ensuring that traditionally marginalized communities are not ignored or neglected. With input from Ramsey County DIOD and outside subject matter experts, the CEOP is now intentional in addressing the need to apply a more equitable approach to planning, response, and recovery. Community Participation Level and Impact Click or tap here to enter text. ☒ Inform ☐ Consult ☐ Involve ☒ Collaborate ☐ Empower Fiscal Impact The CEOP is a federal requirement for significant amounts of grants and loans, particularly after disaster and during recovery Last Previous Action The last complete rewrite of the plan was adopted in 2005. The plan has been reviewed by each new Board chair. Attachments 1. Ramsey County CEOP 28 29 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION August 23, 2023 No. 23-55 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ADOPTING THE RAMSEY COUNTY COMPREHENSIVE EMERGENCY OPERATIONS PLAN WHEREAS, a Comprehensive Emergency Operations Plan (CEOP) is required by several state and federal laws including Minnesota Statutes Chapter 12, Section 12.25 and Title VI of the PL 100-707, the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (USC 68, sec, 5121 et seq); and WHEREAS, for two decades, Ramsey County has adopted a countywide approach to emergency operations planning. This approach saves money for all municipalities and county government agencies by reducing duplicated efforts and by streamlining both training and exercises/practice. It leads to saving lives, property, and the environment through a common language and a common concept of operations; and WHEREAS, this amended Comprehensive Emergency Operations Plan (CEOP) is a complete rewrite of the existing document considering lessons learned from real world emergencies that have impacted our community over the past several years, reflecting necessary changes to our operational processes and directs attention to our most vulnerable communities; and WHEREAS, this CEOP was developed with the input of many affected Ramsey County agencies and from our municipal partners, as well as outside subject matter experts to better prepare the city for disasters in the decades to come; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The Falcon Heights City Council hereby adopts the newly amended countywide Comprehensive Emergency Operations Plan as the Emergency Operations Plan for the city; and further, be it 2. Resolved, the Falcon Heights City Council authorizes the Mayor, City Administrator, and the emergency manager to promulgate this Comprehensive Emergency Operations Plan to all city agencies and departments. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan 30 WASSENBERG ____ Against City Administrator LEEHY WEHYEE 31 BLANK PAGE  32 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Request approval of Pay Estimate #2 for the 2023 Pavement Management Description Pay Estimate #2 is attached for the work on the 2023 Pavement Management Project. It is in the amount of $544,121.68 and includes the following work: • Utility Work • Asphalt Milling and Reclamation • Concrete Curb • Concrete Sidewalk • Paver Pathway The project engineer and contractor have reviewed and approved the estimate, and it is submitted for Council approval. With this pay estimate, the total amount paid to date on this project is $544,121.68 or 65.26% of the original contract price. Budget Impact This project has the following financial implications for the City and property owners along the streets under this maintenance project: • Assessments levied in accordance with the City’s assessment policy. • Use of Municipal State Aid (MSA), CRRSAA and street infrastructure funds to pay the City’s portion of the project. • Expenditure of storm and sanitary sewer fund dollars to pay for repairs needed to the existing utility system. Attachment(s) Pay Estimate #2 Action(s) Requested Motion to approve Pay Estimate #2 for the 2023 Pavement Management. Meeting Date August 23, 2023 Agenda Item Consent G5 Attachment Pay Estimate #2 Submitted By Stephanie Smith, Interim-City Engineer 33 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 1 of 8 Contract Number: FH23-01 Pay Request Number: 2 Project Number Project Description FH23-01 Falcon Heights 2023 Pavement Management Project Contractor: Northwest Asphalt, Inc. Vendor Number: N/A 1451 Stagecoach Rd Up To Date: 08/14/2023 Shakopee, MN 55379 Contract Amount Funds Encumbered Original Contract $1,301,092.25 Original $1,301,092.25 Contract Changes $-70,047.98 Additional N/A Revised Contract $1,231,044.27 Total $1,301,092.25 Work Certified To Date Base Bid Items $803,395.22 Change Order Items $0.00 Material On Hand $0.00 Total $803,395.22 Work Certified This Request Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date $572,759.66 $803,395.22 $40,169.76 $219,103.78 $544,121.68 $763,225.46 Percent: Retained: 5% Percent Complete: 65.26% This is to certify that the items of work shown in this certificate of Pay Estimate have been actually furnished for the work comprising the above-mentioned projects in accordance with the plans and specifications heretofore approved. Approved By: Approved By: [1#first_name#0] [1#last_name#1] [2#first_name#3] [2#last_name#4] Project Engineer Contractor [1#obtained#2] [2#obtained#5] Date Date Approved By Project Owner Date Stephanie Smith 08/14/2023 Lance Guentzel 08/14/2023 34 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 2 of 8 Payment Summary No. Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 2023-07-15 $230,635.56 $11,531.78 $219,103.78 2 2023-08-14 $572,759.66 $28,637.98 $544,121.68 Funding Category Name Funding Category Number Work Certified to Date Less Amount Retained Less Previous Payments Amount Paid this Request Total Amount Paid to Date Garden Avenue $277,931.49 $13,896.58 $43,370.89 $220,664.02 $264,034.91 Garden Ave Sidewalk $125,160.95 $6,258.05 $423.88 $118,479.02 $118,902.90 Holton, Ruggles, Albert, Sheldon St. $83,005.38 $4,150.26 $3,349.71 $75,505.41 $78,855.12 Idaho Ave Alley Assessments $9,578.38 $478.91 $3,610.00 $5,489.47 $9,099.47 Local Storm Sewer $231,213.44 $11,560.68 $162,212.30 $57,440.46 $219,652.76 Ruggles Pathway $45,745.58 $2,287.27 $6,137.00 $37,321.31 $43,458.31 Sanitary Sewer $30,760.00 $1,538.01 $0.00 $29,221.99 $29,221.99 Pay request ASAP Accounting Number Funding Source Amount Paid this Request Revised Contract Amount Funds Encumbered to Date Paid Contractor to Date 1 Municipal (MSAS > 5000) - Falcon Heights $414,648.45 $880,014.64 $880,052.64 $461,792.93 2 Local - Storm Sewer - Falcon Heights $57,440.46 $238,986.29 $274,248.27 $219,652.76 3 Sanitary Sewer - Falcon Heights $29,221.99 $34,512.74 $14,372.74 $29,221.99 5 Local - Streets - Falcon Heights $37,870.25 $57,644.83 $103,027.03 $44,368.25 6 Idaho Ave Alley $4,940.53 $19,885.77 $29,391.57 $8,189.53 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 1 2582.503 4" SOLID LINE MULTI COMP L F $0.55 2280 0 $0.00 0 $0.00 FH23-01 2 2582.503 4" DBLE SOLID LINE MULTI COMP L F $1.10 4100 0 $0.00 0 $0.00 FH23-01 3 2106.507 EXCAVATION - COMMON C Y $38.00 0 0 $0.00 0 $0.00 FH23-01 4 2211.507 AGGREGATE BASE (LV) CLASS 5 C Y $12.65 0 0 $0.00 0 $0.00 35 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 3 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 5 2503.503 12" RC PIPE SEWER CLASS V L F $66.94 51 0 $0.00 0 $0.00 FH23-01 6 2506.502 INSTALL CASTING EACH $0.01 0 0 $0.00 0 $0.00 FH23-01 7 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN G L F $515.00 0 0 $0.00 0 $0.00 FH23-01 8 2506.602 MANHOLE CASTING R- 3290-A EACH $1,125.00 0 0 $0.00 0 $0.00 FH23-01 9 2506.602 MANHOLE CASTING R- 2556 EACH $1,275.00 0 0 $0.00 0 $0.00 FH23-01 10 2521.518 4" CONCRETE WALK S F $8.15 0 0 $0.00 0 $0.00 FH23-01 11 2521.518 6" CONCRETE WALK S F $12.20 0 0 $0.00 0 $0.00 FH23-01 12 2531.618 TRUNCATED DOMES S F $62.00 0 0 $0.00 0 $0.00 FH23-01 13 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $15.95 0 0 $0.00 0 $0.00 FH23-01 14 2106.507 EXCAVATION - COMMON C Y $38.00 170 0 $0.00 170 $6,460.00 FH23-01 15 2451.607 FINE AGGREGATE BEDDING (CV) C Y $50.00 10 10 $500.00 10 $500.00 FH23-01 16 2451.607 COARSE AGGREGATE BEDDING (CV) C Y $50.00 60 60 $3,000.00 60 $3,000.00 FH23-01 17 2502.503 4" PERF PVC PIPE DRAIN L F $30.87 270 270 $8,334.90 270 $8,334.90 FH23-01 18 2502.602 4" PVC PIPE DRAIN CLEANOUT EACH $468.25 3 3 $1,404.75 3 $1,404.75 FH23-01 19 2521.518 6" CONCRETE WALK S F $12.20 105 130 $1,586.00 130 $1,586.00 FH23-01 20 2531.618 TRUNCATED DOMES S F $62.00 10 24 $1,488.00 24 $1,488.00 FH23-01 21 2540.618 STONE PAVERS S F $22.00 1600 1481 $32,582.00 1481 $32,582.00 FH23-01 22 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $15.95 300 0 $0.00 0 $0.00 FH23-01 23 2106.507 EXCAVATION - COMMON C Y $38.00 0 0 $0.00 0 $0.00 FH23-01 24 2360.601 CONTRACTOR DETERMINED SURFACE L S $12,197.00 0 0 $0.00 0 $0.00 FH23-01 25 2503.503 12" RC PIPE SEWER CLASS V L F $66.94 0 0 $0.00 0 $0.00 FH23-01 26 2506.502 INSTALL CASTING EACH $0.01 0 0 $0.00 0 $0.00 36 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 4 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 27 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN G L F $515.00 0 0 $0.00 0 $0.00 FH23-01 28 2506.602 MANHOLE CASTING R- 3290-A EACH $1,125.00 0 0 $0.00 0 $0.00 FH23-01 29 2506.602 MANHOLE CASTING R- 2556 EACH $1,275.00 0 0 $0.00 0 $0.00 FH23-01 30 2521.518 6" CONCRETE WALK S F $12.20 0 0 $0.00 0 $0.00 FH23-01 31 2531.618 TRUNCATED DOMES S F $62.00 0 0 $0.00 0 $0.00 FH23-01 32 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $15.95 0 0 $0.00 0 $0.00 FH23-01 33 2021.501 MOBILIZATION L S $43,358.00 1 0.5 $21,679.00 0.75 $32,518.50 FH23-01 34 2101.502 CLEARING EACH $800.00 7 0 $0.00 3 $2,400.00 FH23-01 35 2101.502 GRUBBING EACH $200.00 7 0 $0.00 3 $600.00 FH23-01 36 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH $500.00 10 0 $0.00 10 $5,000.00 FH23-01 37 2104.502 REMOVE CASTING EACH $165.00 39 31 $5,115.00 38 $6,270.00 FH23-01 38 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) L F $5.00 220 43 $215.00 95 $475.00 FH23-01 39 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) L F $3.00 1000 188.32 $564.96 188.32 $564.96 FH23-01 40 2104.503 REMOVE SEWER PIPE (STORM) L F $12.00 230 0 $0.00 76 $912.00 FH23-01 41 2104.503 REMOVE CONCRETE CURB L F $5.89 4420 995 $5,860.55 4376 $25,774.64 FH23-01 42 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y $19.00 76 17.8 $338.20 91.8 $1,744.20 FH23-01 43 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $11.64 720 75 $873.00 161 $1,874.04 FH23-01 44 2104.518 REMOVE CONCRETE SIDEWALK S F $1.39 280 64 $88.96 385 $535.15 FH23-01 45 2106.507 EXCAVATION - COMMON C Y $38.00 710 0 $0.00 100 $3,800.00 FH23-01 46 2106.507 EXCAVATION - SUBGRADE C Y $38.00 200 0 $0.00 0 $0.00 FH23-01 47 2106.507 SELECT GRANULAR EMBANKMENT (CV) C Y $34.79 100 0 $0.00 0 $0.00 37 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 5 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 48 2112.604 SUBGRADE PREPARATION S Y $0.50 4160 0 $0.00 0 $0.00 FH23-01 49 2112.619 AGGREGATE GRADING AND COMPACTION RDST $517.50 25 25 $12,937.50 25 $12,937.50 FH23-01 50 2123.61 STREET SWEEPER HOUR $150.00 50 0 $0.00 0 $0.00 FH23-01 51 2130.523 WATER MGAL $50.00 150 0 $0.00 3 $150.00 FH23-01 52 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y $12.65 580 0 $0.00 0 $0.00 FH23-01 53 2215.504 FULL DEPTH RECLAMATION S Y $0.97 10370 0 $0.00 10105 $9,801.85 FH23-01 54 2215.507 HAUL FULL DEPTH RECLAMATION (LV) C Y $0.01 1600 1600 $16.00 1600 $16.00 FH23-01 55 2231.509 BITUMINOUS PATCHING MIXTURE TON $166.85 80 74.7 $12,463.70 74.7 $12,463.70 FH23-01 56 2232.504 EDGE MILL BITUMINOUS SURFACE S Y $15.00 100 33 $495.00 33 $495.00 FH23-01 57 2232.504 MILL BITUMINOUS SURFACE (2") S Y $1.27 15860 15860 $20,142.20 15860 $20,142.20 FH23-01 58 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL $3.50 1920 110 $385.00 110 $385.00 FH23-01 59 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,B) TON $81.50 2130 51.9 $4,229.85 51.9 $4,229.85 FH23-01 60 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) TON $91.87 2460 965.5 $88,700.49 965.5 $88,700.49 FH23-01 61 2503.503 12" RCP PIPE SEWER L F $71.02 400 0 $0.00 671 $47,654.42 FH23-01 63 2503.602 CONNECT TO EXISTING STORM MANHOLE EACH $1,250.00 3 0 $0.00 4 $5,000.00 FH23-01 64 2503.602 INSPECTION HOLE EACH $400.00 6 3 $1,200.00 3 $1,200.00 FH23-01 65 2503.603 18" HDPE PIPE SEWER L F $98.34 16 0 $0.00 9.27 $911.61 FH23-01 66 2504.602 ADJUST GV AND BOX EACH $516.00 14 15 $7,740.00 15 $7,740.00 FH23-01 67 2506.502 ADJUST MANHOLE (FITTED STEEL RING) EACH $250.00 5 0 $0.00 0 $0.00 FH23-01 68 2506.502 INSTALL CASTING EACH $425.00 57 60 $25,500.00 60 $25,500.00 FH23-01 69 2506.503 CONSTRUCT DRAINAGE STRUCTURE DES 48- 4020 L F $573.14 28 0 $0.00 35.5 $20,346.47 38 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 6 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 70 2506.503 CONSTRUCT CATCH BASIN L F $481.94 80 0 $0.00 73.7 $35,518.98 FH23-01 71 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60- 4020 L F $962.84 5 0 $0.00 5 $4,814.20 FH23-01 72 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72- 4020 L F $1,115.28 19 0 $0.00 18.6 $20,744.21 FH23-01 73 2506.602 REHAB MANHOLE INTERIOR EACH $550.00 22 0 $0.00 0 $0.00 FH23-01 74 2506.602 ADJUST FRAME AND RING CASTING EACH $605.00 4 4 $2,420.00 4 $2,420.00 FH23-01 75 2506.602\00 011 RECONSTRUCT MANHOLE SPECIAL EACH $1,250.00 3 0 $0.00 2 $2,500.00 FH23-01 76 2506.602 MANHOLE CASTING R- 1733 EACH $1,060.00 31 27 $28,620.00 27 $28,620.00 FH23-01 77 2506.602 MANHOLE CASTING R- 4342 EACH $603.00 3 3 $1,809.00 3 $1,809.00 FH23-01 78 2506.602 MANHOLE CASTING R- 3290-A EACH $700.00 3 2 $1,400.00 2 $1,400.00 FH23-01 79 2506.602 MANHOLE CASTING R- 3067V EACH $700.00 14 15 $10,500.00 15 $10,500.00 FH23-01 80 2506.60200 01 MANHOLE CASTING R- 3067 VB EACH $700.00 7 7 $4,900.00 7 $4,900.00 FH23-01 81 2506.602 MANHOLE CASTING R- 3250-A EACH $770.00 1 1 $770.00 1 $770.00 FH23-01 82 2506.602 CONNECT INTO EXISTING STORM SEWER EACH $1,175.00 11 0 $0.00 13 $15,275.00 FH23-01 83 2521.518/00 040 4" CONCRETE WALK S F $5.10 13000 12783 $65,193.30 12783 $65,193.30 FH23-01 84 2521.518 6" CONCRETE WALK S F $12.20 2250 2158 $26,327.60 2158 $26,327.60 FH23-01 85 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F $33.50 1480 2075.5 $69,529.25 2075.5 $69,529.25 FH23-01 86 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 (MACHINE LAID) L F $19.35 3020 2243 $43,402.05 2243 $43,402.05 FH23-01 87 2531.503 CONCRETE CURB & GUTTER DESIGN B624 L F $37.00 130 74 $2,738.00 74 $2,738.00 FH23-01 88 2531.504 6" CONCRETE DRIVEWAY PAVEMENT S Y $87.15 80 188 $16,384.20 188 $16,384.20 39 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 7 of 8 Contract Item Status Project Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date FH23-01 89 2531.504 8" CONCRETE DRIVEWAY PAVEMENT S Y $96.65 140 108 $10,438.20 108 $10,438.20 FH23-01 90 2531.604 UPCHARGE FOR HIGH EARLY CONCRETE 6" DRIVEWAY PAVEMENT S Y $5.00 80 0 $0.00 0 $0.00 FH23-01 91 2531.604 UPCHARGE FOR HIGH EARLY CONCRETE 8" DRIVEWAY PAVEMENT S Y $6.75 140 0 $0.00 0 $0.00 FH23-01 92 2531.618 TRUNCATED RADIUS DOMES S F $64.00 172 236 $15,104.00 236 $15,104.00 FH23-01 93 2531.618 TRUNCATED DOMES S F $62.00 120 82 $5,084.00 82 $5,084.00 FH23-01 94 2540.602 INSTALL TEMPORARY MAILBOXES EACH $200.00 5 0 $0.00 0 $0.00 FH23-01 95 2563.601 TRAFFIC CONTROL L S $19,900.00 1 0.5 $9,950.00 0.75 $14,925.00 FH23-01 96 2573.501 EROSION CONTROL SUPERVISOR L S $500.00 1 0.8 $400.00 0.8 $400.00 FH23-01 97 2573.501 STABILIZED CONSTRUCTION EXIT LS $1,500.00 1 0 $0.00 0 $0.00 FH23-01 98 2573.502 INLET PROTECTION TYPE A EACH $125.00 5 0 $0.00 0 $0.00 FH23-01 99 2573.502 INLET PROTECTION TYPE B EACH $175.00 52 2 $350.00 52 $9,100.00 FH23-01 100 2573.503 SILT FENCE, TYPE HI L F $5.00 100 0 $0.00 0 $0.00 FH23-01 101 2573.503 SEDIMENT CONTROL LOG TYPE COMPOST L F $3.50 400 0 $0.00 0 $0.00 FH23-01 102 2574.604\00 001 TURF ESTABLISHMENT WITH HYDROSEED S Y $3.50 2280 0 $0.00 0 $0.00 FH23-01 103 2582.518 CROSSWALK MULTI COMP S F $5.50 1152 0 $0.00 0 $0.00 Base Bid Totals: $572,759.66 $803,395.22 Project Category Totals Project Category Amount This Request Amount To Date FH23-01 BASE BID $523,864.01 $748,039.57 FH23-01 ALTERNATE BID 4 $0.00 $0.00 FH23-01 ALTERNATE BID 3 $48,895.65 $55,355.65 FH23-01 ALTERNATE BID 2 $0.00 $0.00 FH23-01 ALTERNATE BID 1 $0.00 $0.00 40 CITY OF ROSEVILLE 2660 Civic Center Dr Roseville, MN 55113 Page 8 of 8 Contract Change Item Status Project CC CC# Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date Contract Change Totals: $0.00 $0.00 Contract Total $803,395.22 Contract Change Totals Number Description Amount This Request Amount To Date 1 Eliminating items for Ad-Alternates 2 and 4 that were not awarded. $0.00 $0.00 Material On Hand Additions Line Item Description Date Added Comments Material On Hand Balance Line Item Description Date Added Used Remaining 41 BLANK PAGE  42 REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Adoption of Ordinance 23-05 to Amend Chapter 46-27 to remove “uniform” from parking fines Description The City Council adopted Ordinance 23-04 on July 26th, which modified the City’s fee schedule to have fines for September 16th through August 14th be $50, and August 15th – September 15th be $100. In reviewing code, staff found a code discrepancy that needs to be cleaned up. Under Chapter 46-27 - Parking; restrictions; uniform parking fine, it states a generally “uniform” parking fine. That was not the intention of the State Fair Task Force nor the City Council upon adoption. To clarify this, staff and the City Attorney drafted the attached ordinance which removes the “uniform” section of the parking fines in Chapter 46. Additionally, under 46-27 (c), we recommend removing the final sentence. Staff believes this modification is merely a clarification of the intention of Ordinance 23-04, and that it will be enforceable during the 10-day posting requirement of this ordinance. Budget Impact N/A Attachment(s)  Ordinance 23-05 Meeting Date August 23, 2023 Agenda Item Policy H1 Attachment Ordinance Submitted By Jack Linehan, City Administrator 43 ORDINANCE NO. 23-05 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 46 OF THE FALCON HEIGHTS CITY CODE THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: Section 1. Section 46-27(c) of the Falcon Heights City Code is amended in its entirety to read as follows: (c) Parking fine. The fine for each violation of this section shall be set according to the City Fee Schedule. Section 2. This ordinance is effective immediately upon its passage and publication. ADOPTED this 23rd day of August, 2023, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ______________________________ Randall C. Gustafson, Mayor ATTEST: ___________________________________ Jack Linehan, City Administrator 44 ORDINANCE NO. 23-05 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 46 OF THE CITY CODE CONCERNING PARKING FINES THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Section 46-27 of the Falcon Heights City Code is amended to read as follows: Sec. 46-27 - Parking; restrictions; uniform parking fine (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Passenger vehicle means a passenger automobile, pickup truck, van, and motorcycle. Recreational vehicle means travel trailers including those that telescope or fold down, chassis-mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living quarters. Recreational vehicle is a vehicle that is not used as the residence of the owner or occupant, is used while engaged in recreational or vacation activities, and is either self-propelled or towed on the highways incidental to the recreational or vacation activities. Trailer means any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle. Truck means every motor vehicle designed, used or maintained primarily for the transportation of property. Street or public grounds means all public streets, highways, roads, alleys, lanes and park roads in the city and all public property in the city, whether owned by the city or some other public entity. Vehicle means any passenger vehicle, recreational vehicle, trailer, truck, or other vehicle used or intended to be used for the transportation of persons or property, including all property or cargo located within, loaded upon or attached to any such vehicle. (b) Restrictions on parking of vehicles. (1) No recreational vehicle, truck, unhitched trailer, bus or school bus shall be parked on any street or public grounds within the city for an additional time than is necessary to load or unload such recreational vehicle, truck, unhitched trailer, bus or school bus, not exceeding 90 minutes. (2) No vehicle shall be parked on any alley within the city except for normal pickup and delivery of passengers or commercial goods, not exceeding 30 minutes. 45 (3) No passenger vehicle or hitched trailer in combination with a passenger vehicle shall be parked on any street or public grounds within the city for more than 48 consecutive hours. (4) No vehicle shall be parked on any street or public ground that has been designated a "No Parking" area or an area where parking has been restricted to certain hours or days, by motion or resolution of the city council, and posted as such. (5) No vehicle shall be parked on any boulevard within the city. (6) No person shall park a vehicle, except an authorized emergency vehicle, within an area designated a fire lane. (7) No vehicle shall be parked on any street or public grounds in front of a public or private driveway or alley or within five feet of any public or private driveway or alley. (8) No vehicle shall be parked on any public or private property, including commercial property, without the express or implied consent of the property owner or his or her agent and shall not remain parked in violation of the terms of such consent. The terms of such consent may be posted in a conspicuous place by the owner or his or her agent. (9) No vehicle shall be parked on any city street during snow removal, as described in section 46-28. (c) Uniform Pparking fine. The uniform fine for each violation of this section shall be set according to the City Fee Schedule. The fine established by this section shall be imposed regardless of the time of the year of a violation. 46 214015v1 SECTION 2. This amended Ordinance shall be effective upon passage and publication. ADOPTED this 23rd day of August, 2023 by the City Council of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -- Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ___ Against City Administrator WASSENBERG WEHYEE 47 SUMMARY ORDINANCE NO. 23-05 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 46 OF THE FALCON HEIGHTS CITY CODE CONCERNING TRAFFIC AND VEHICLES This ordinance amends Chapter 46 of the Falcon Heights City Code concerning parking fines. The amendments include changes to definitions to clarify that fees for violations are outlined in the comprehensive fee schedule. A printed copy of the entire ordinance is available for inspection by any person during the City Administrator/Clerk’s regular office hours. APPROVED for publication by the City Council of the City of Falcon Heights, Minnesota this 23rd day of August, 2023. CITY OF FALCON HEIGHTS BY: ________________________________ Randall C. Gustafson, Mayor ATTEST: _____________________________________ Jack Linehan, City Administrator 48 BLANK PAGE  49 REQUEST FOR COUNCIL ACTION (RCA) City of Falcon Heights, Minnesota __________________________ Item WSB Proposal for Professional Services – Community Park Building and Parking Lot Improvements Description In 2014, the City selected WSB & Associates, Inc. (WSB) to perform a Parks Master Plan Study. As part of the study, the WSB did an extensive needs analysis of Community Park and developed multiple concepts for a future redevelopment. With a park renovation planned for 2024, the City solicited WSB for a proposal to design and manage the project. The attached proposal outlines the scope of work to be provided in the Community Park building and parking lot improvement project by WSB. Services to be provided by WSB & Associates, Inc., if hired by the City, include: topographic survey, geotechnical services, public engagement support, schematic design, final design, bidding services and construction administration related to Community Park building and parking lot improvements. Budget Impact Hiring WSB & Associates, Inc. for professional services, as outlined in the attached proposal, for services provided in Community Park’s building and parking lot improvement project, would result in fees not to exceed $329,817. The fees are budgeted for in our capital plan. Attachment(s) • WSB Proposal for Professional Services • Professional Services Agreement • Resolution 23-56 Action(s) Requested Staff recommends that the Falcon Heights City Council authorize the City Administrator to execute all necessary documents to appoint WSB to provide professional services in overseeing the construction administration of a new park building and site improvements at Community Park. Meeting Date August 23, 2023 Agenda Item H2 Attachment WSB Proposal for Professional Services; Professional Services Agreement; Resolution Submitted By Jack Linehan, City Administrator 50 G:\.Clients All\Falcon Heights\Proposals\2021 Community Park 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM August 17, 2023 Mr. Jack Linehan City Administrator 2077 Larpenteur Avenue West Falcon Heights, MN 55113 Re: Falcon Heights Community Park Building and Parking Lot Improvements Proposal for Professional Services Dear Jack: We appreciate the opportunity to present this proposal for topographic survey, geotechnical services, public engagement support, schematic design, final design, bidding services, and construction administration related to Community Park Building and Parking Lot Improvements. The scope of services presented in this proposal is based on discussions with you and our familiarity with the project area. Plans and specifications will be packaged to bid as a single bid package. The city has identified a total project budget between $2.5 million and $3.0 million for the new community building and parking lot improvements. This letter represents our entire understanding of the project scope. If you are in agreement, please sign and fill out the information in the space provided below and return one original signed copy to me for our records. The necessary contract documents will then be provided for review and signature. WSB will start work upon receipt of a signed contract. If you have any questions concerning the work plan or fee as discussed herein, please feel free to contact Bob at 763-231-4844. We look forward to working with you and greatly appreciate the opportunity to assist you and your staff in the completion of this project. Sincerely, WSB Robert Slipka, PLA, ASLA Andi Moffatt Senior Associate / Project Manager Vice President of Environmental Services ACCEPTED BY: City of Falcon Heights, MN Name Title Date 51 Exhibit B – Scope of Services Page 1 WSB & ASSOCIATES, INC. EXHIBIT B SCOPE OF WORK FALCON HEIGHTS COMMUNITY PARK BUILDING AND PARKING LOT IMPROVEMENTS The Client intends to retain Consultant to provide general engineering and other related professional services related to the Falcon Heights Community Park Building and Parking Lot Improvements. The Scope of Services are outlined below. ARTICLE B.1 – GENERAL SCOPE OF SERVICES The master plan update will occur in later summer and early fall of 2023. Following approval of updated master plan, final bid documents will be developed over the winter and spring of 2023/2024 and bid in the spring of 2024. This will include a new community park building and parking lot as well as additional associated improvements including connector trails and associated utilities. The total project budget is estimated between $2.5 and $3.0 million. Professional services will include master plan update, public engagement support, final design, bidding, and construction administration. The scope of services presented in this proposal is based on discussions with you and our familiarity with the project area. Plans and specifications will be packaged as a single bid package. WSB understands that there is a potential that this project may be include a Construction Manager as part of the design, bidding, and construction process. Construction is planned for 2024. B.1.1 Project Management. Project management is a key task included in each phase of the project. In each case, this task consists of management and administration, project coordination, and communication with the City staff and WSB personnel. Additional work included in this task involves attendance at a kick-off meeting and at progress meetings with City staff. Proper completion of this task will allow for open lines of communication and routine updates on project issues, as well as keeping the project on schedule and within budget. B.1.2 Topographic Survey WSB will perform field work and develop a topographical survey of the area to be developed. This survey will be prepared in AutoCAD format. The specific location of the survey will be determined following the kickoff meeting. The extent of the survey will be limited to the general development area for this project and will include: • Setting control suitable to use for the topographic survey and construction staking of the proposed improvements. • Collecting enough topography of the area for the proposed improvement per the supplied survey limits drawing. We will also collect enough topo for the new trail and will tie in points. • Processing the topographic data in Civil 3D to include all topographic features, contours, and TIN data. • This survey will be on the Ramsey County coordinate system and the vertical datum will be on NAVD 88 unless otherwise specified. B.1.3 Geotechnical Investigation. Based upon experience with similar projects the objectives of the geotechnical services are to perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues, and prepare recommendations for subgrade preparation and a pavement section. B.1.3.1 Site Access Based on a review of the information you provided, it appears that the site can be accessed with our CME-55 all-terrain track mounted auger drill. It should be noted that our drilling rig will damage landscaping such as lawns, trails and planted areas. We will do our best to minimize such damage, but WSB will not be liable for repair of property. B.1.3.2 Bore Hole Locating and Gopher State One Call WSB will stake the potential bore hole locations using a supplied site plan and existing site feature as guides. 52 Exhibit B – Scope of Services Page 2 Prior to sending a drill rig to the site WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed bore hole locations of their utilities. If there are private underground utilities that are not located by GSOC, you must notify the Geotechnical Group immediately. B.1.3.3 Subsurface Test Borings We propose to complete a total of five borings. Two borings at the proposed building location, two borings for the proposed parking lot, and one boring at potentially expanded stormwater pond. In the standard penetration test borings, we will sample and record blow counts at 2½ foot intervals to the boreholes termination depth. If unsuitable soils (existing fill, organic soils, etc.) are encountered at the proposed boring termination depth(s), it will be necessary to extend the borings into more competent materials. This will allow us to better evaluate potential construction issues. An additional charge of $30 per lineal foot will be assessed for borings extended beyond their proposed termination depths. If the added work requires an additional mobilization to the site it will be charged at $250 per day. In Minnesota, a boring that is deeper than 15 feet and sealed within 72 hours is considered a temporary boring / environmental well and requires Well Sealing Records be submitted to the Minnesota Department of Health. If the temporary boring / environmental well is extended to depths of more than 25 feet, a Construction Notification form and Fee are required. WSB will fill out the MDH notification and sealing record forms and sign on behalf of the owner unless directed otherwise. Based on our proposed services we do not anticipate creating an environmental bore hole. B.1.3.4 Schedule, Bore Hole Samples and Laboratory Testing Based on our current drilling backlog, we anticipate that we can mobilize our track mounted auger drill to the site in about three weeks from the time that written authorization is provided. Laboratory work and report preparation will take about two weeks following completion of the field work. It should be noted that this schedule may change based on timing of authorization, site conditions and other factors. Should our anticipated schedule change we will let you know. This estimate is based on work being completed during normal business hours, 7am to 6pm, Monday through Friday. Additional charges will apply to night or weekend drilling. Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS), and logged under the direction of a geotechnical engineer. Select samples will be set aside for laboratory testing. We may perform routine laboratory tests on selected soil samples obtained from the exploration. This may include determinations of natural moisture content and unconfined compressive strength with a calibrated penetrometer if cohesive soils are encountered and gradations on select sand samples from the borings. Such tests will aid in determining soil classification and properties and potential behavior characteristics to help guide our recommendations. B.1.3.5 Geotechnical Engineering Report Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction of foundations, pavement areas, and pond infiltration/detention. The report will also provide estimates of groundwater depths/elevations and a discussion of soils for use as structural fill and site fill. The report will also provide recommendations for pavement sections. B.1.4 Pre-Demolition Asbestos and Regulated Materials Assessment 53 Exhibit B – Scope of Services Page 3 Based on our understanding of the project we proposed the following scope of services: B.1.4.1 Asbestos Sampling • Consultant will complete destructive asbestos sampling at the Site building to identify friable and non-friable asbestos-containing materials (ACM) in accordance with Environmental Protection Agency (EPA), MPCA, and MDH rules and regulations. • Consultant will identify ACM that could become friable during demolition activities, and according to State and Federal regulations, would require abatement prior to disturbance. • The inspection and sampling will be performed by a US EPA-accredited and MDH- certified Asbestos Inspector. B.1.4.2 Asbestos Analysis • Asbestos samples will be analyzed under a 7-10 business day standard lab turnaround timeframe. • Up to eighty (60) samples will be analyzed for asbestos by Polarized Light Microscopy (PLM), EPA Method 600/R-93-116 (Asbestos in Bulk Building Materials). • For materials with low (less than 10%) concentrations of asbestos, a point count quantification of asbestos concentrations can be performed. Up to eight (6) samples will be point counted. B.1.4.3 Limited Lead-Based Paint Sampling • Consultant will collect lead-based paint (LBP) chip samples from painted/coated concrete surfaces at the Site buildings that have the potential to be recycled during the demolition process. B.1.4.4 Lead Paint Analysis • Lead paint samples will be analyzed under a 7-10 business day standard lab turnaround timeframe. • Up to six (6) samples will be analyzed for lead in paint. B.1.4.5 Regulated Materials Inventory • Consultant will complete a room-by-room inventory of regulated materials at the Site buildings that may require special handling or disposal prior to demolition. • Consultant will also note other items present that may require special attention prior to or during demolition including wells, septic systems, sumps, above/underground tanks, hoists, and oil water separators. B.1.4.6 Reporting • A report will be generated summarizing the results of the Destructive ARM Assessment. • Client will provide one review/comment of the draft report. B.1.5 Master Plan Update and Public Engagement This task consists of updating the existing master plan for approval by the Park Commission and City Council and completing construction plans, specifications, and bidding documents for the proposed improvements. B.1.5.1 Master Plan Update WSB will utilize the existing master plan as a means to update the Master Plan graphic. Key areas of focus are the parking lot, community building, and adjacent spaces. Once updates are complete, the plan will be shared with the City Council, Park Commission, and City staff for review and comment. WSB will incorporate comments and the Master Plan update will be shared with the public at an open house (up to two separate events). WSB will support City staff at an Open House at an agreed upon location. City staff may also share the updated plan for comments at other events or through their social media platforms to gain additional feedback. WSB and City staff will review public comments obtained at all open house events. Any 54 Exhibit B – Scope of Services Page 4 revisions identified will be incorporated and the final master plan will be presented to the Park Commission and City Council for approval. B.1.6 Construction Plans, Specifications, and Bidding. WSB will utilize the topographic survey and adopted master plan for development of proposed parking lot improvements and new community building. It has been discussed that additional improvements may also be sought though not currently budgeted for like a splash pad and court improvements. Preparation of bid documents for these additional design features are not included in this proposal and can be added as additional services upon request. B.1.6.1 Community Building (HCM – Subconsultant) See attached HCM Proposal. HCM proposed professional fees are based on the breakdown of staff and hours proposed per Task and the proposed Project Scope. Fees listed below represent the total estimated building project cost of $1,500,000 for the Facility. This would include architectural, interiors, structural, and MEP Engineering services. B.1.6.2 Preliminary Site Development Documents shall include the preparation of written text, plans, photos, product info, and other drawings necessary to describe the design, materials, colors, textures in sufficient detail for the City to envision the appearance and function of the proposed improvements. • This includes using the appropriate design standards for the listed facilities and preparing design development drawings. The drawings include basic site layout, landscaping, grading, removals plans, site utility plans, site lighting plans, and details as required. Outline specifications, including general and technical sections, will be prepared. • An estimate of the cost to construct these improvements will be refined based on these documents. From this estimate the City shall determine which of the improvements shall be included in the final design. B.1.6.3 Final Site Development Once the design options are fully explored and selected, WSB will prepare final Construction Documents. These documents shall include plans, details, and specifications in sufficient detail for the City to pursue competitive bids for the construction of the improvements. This task will include: • Title Sheet • Site Removals Plan • Site Layout Plan • Site Grading Plan o Erosion Control and Site SWPPP Plans (as necessary) o Spot Elevations (for key finished grade elements) • Pavement Designs and Typical Details • Site Utilities: Connecting to existing sanitary and water connections. It is understood that a portion of the sanitary service may be crushed, it is recommended the Owner televise the line to establish what portion, if any, can be salvaged. If total replacement is required, removal and replacement within the public right-of-way will be necessary as the sanitary service line is on the north side of the street. Services will be sized for the new building needs including fire protection requirements. • Storm Sewer, Drainage Plans, and Details: Analysis and design of the stormwater drainage and conveyance system consistent with stormwater management and permitting requirements. o Developing a drainage plan for the improvements and sizing storm structures as required for the new parking lot. o Based on the description of proposed improvements, sites that disturb over an acre are required to provide infiltration basins sized at 1.1” times the new and reconstructed impervious area and 90% TSS removal for both development and redevelopment projects, as well as providing rate control. If over an acre of net new impervious is created NPDES permit requirements would also be triggered which would require one inch off the new impervious to be treated. 55 Exhibit B – Scope of Services Page 5 o As part of the drainage design, it will be confirmed that treatment of the park building and parking lot area is not being provided by an existing BMP. It is assumed a BMP will need to be included with the project in order to meet permitting requirements based on the standards noted. Sizing, design and plans for the BMP are included as part of this scope. o Preparing and submitting a stormwater management plan to the Capitol Region Watershed District (CRWD) for approval. The plan will provide calculations for existing and proposed conditions and determine any adverse downstream impacts. This task assumes one round of permit comment responses. • Site electrical plans, details, and specifications o WSB will provide design plans for the installation of new parking lot lighting units. Lighting system construction plans will include the location and type of lighting units, foundations, conduit and wiring, and handholes if necessary. • Miscellaneous Site Construction Details o Prepare Technical Specifications o Prepare Final Cost Estimate • One complete paper and digital set of design development materials, construction drawings, specifications, and final estimate of probable construction costs at 60%, 90%, and 100% completion. B.1.6.4 Permits Due to project size, it is anticipated that a SWPPP will be required. Similarly, with an increase of impervious of more than one acre and disturbance of more than one acre, it is anticipated that a Capital Region Watershed District Permit will be required. • Based on our current understanding of the project, WSB has not included wetland delineations, environmental investigations, or associated remediation for the site within this proposal. If such services are determined to be required during the design phase, WSB can prepare a scope / fee for this work as “additional services.” Note: Any permit fees will be considered reimbursable expenses billed in addition to fee proposal. B.1.6.5 Bidding Assistance It is understood that the proposed improvements will be bid as one single package (though there is potential that the project may be bid through a Construction Manager). WSB will package the final plans and specifications into the formal bidding documents. This task will include an internal QA/QC review of the final plans, quantities, and specifications. WSB will print, assemble, and submit the final contract documents to the City and request authorization to advertise the project for bidding. We will prepare the ad for bid, coordinate the advertising, and coordinate the bid opening. WSB will receive and respond to bidder inquiries concerning the plans, specifications, and intent of the project. Logs of all inquiries will be kept and maintained to document inquiries. WSB will attend the project bid opening with the City. WSB will review the low bidder’s bid proposal, contractor’s / subcontractor’s relative experience and performance on similar projects, references, nature, and extent of other similar contracts, whether or not the contractor or subcontractors have ever been denied contract award, and any other information that would affect the ability of the contractor to perform the work. Based on this information, WSB will make a recommendation regarding award of contract. B.1.7 Construction Staking. Consultant will provide construction surveying tasks on an hourly basis. The fee includes one set of stakes, any re-stake or additional tasks outside of this scope of services would be billed at our normal two-person survey crew rate to the Contractor. Staking will include the following: • Verify control and stake construction limits. 56 Exhibit B – Scope of Services Page 6 • Offset stakes for sanitary and storm sewer with a cut sheet indicating horizontal and vertical distances from the stake to the pipe invert. • Offset stakes for watermain with a cut sheet indicating horizontal and vertical distances from the stake to the top of pipe. • Offsets for exterior building grid intersections. • 3-foot offset stakes placed at 25-foot intervals with a cut sheet indicating a cut/fill to the proposed top of curb. • Line and grade stakes for walks, parking lot, edges of pavement. • Sidewalk: Centerline offset stakes every 50 feet in tangent or 25 feet in curve (provide staking only when sidewalk is not parallel with the curb). B.1.8 Construction Material Testing. Consultant will provide construction material testing on an as needed basis, the fee estimated the level of services based on project scope, but soil correction and compaction may affect this estimate. B.1.9 Contract Administration and Site Progress Meetings. • Pre-Construction Conference: Consultant will conduct and facilitate a pre-construction conference. Meeting minutes will be prepared and distributed to all the attendees. ▪ Up to 40 hours for full time utility inspections related to installation of sanitary sewer and water service. • Weekly/Biweekly Site Progress Meetings: Consultant will attend up to twenty-five (25) weekly/biweekly site progress meetings within periods of active construction during the project to allow for proactive communication with the Contractor and Client, which will maximize efficiency during the construction. Meeting minutes will be prepared and distributed to all the attendees. These meetings will allow Consultant to: o Become generally familiar with and to keep the Client informed about the progress and the quality of the portion of the work completed. Note, this does not include exhaustive or continuous on-site inspections to check the quality or quantity of the work. o Determine in general if the work is being performed in a manner indicating that the work, when fully completed, will be in accordance with the Contract Documents. o Report to the Client known deviations from the Contract Documents. o Review submittals and shop drawings. o Answer Contractor questions and provide design intent and clarification for any issues that may arise during the project. o Review pay applications prepared by Contractor and make recommendations regarding payment. o In the event of changed conditions during the project, Consultant will prepare and distribute any necessary change orders to expedite the work in the field. o Substantial completion meeting and punch list. ARTICLE B.2 – ASSUMPTIONS Consultant has based the scope of work and fee upon the following assumptions. B.2.1 Assumptions • Existing utility services that serve the existing building on site will have sufficient capacity for the new building (including water, sanitary sewer, storm sewer, gas, electric, and communications). Only minor utility service modifications will be required, not entirely new services. • The property is not located in a flood hazard area. • The property does not contain any wetlands. • A Tree Preservation Plan is not required. • Standard design practices apply to this project. Design meeting sustainability and/or additional design criteria and documentation are not included in the fee (i.e. LEED, LID, B3, Energy Star, Green Communities, etc.). • If required, retaining walls will be low height boulder walls or modular block walls to be designed by a modular block retaining wall company. WSB will locate walls, determine wall heights, and prepare performance specification for design by others. 57 Exhibit B – Scope of Services Page 7 • The entire civil engineering and landscape architecture will be designed, documented, and bid as one set of construction documents. Individual civil/landscape bid packages for separate construction phases will require additional compensation. • Storm water analysis requested by government agencies that extends beyond the project site, may require additional compensation which will be billed on an hourly basis. • There are no off-site improvements required for this project beyond the property boundaries. Any off-site improvements will require additional compensation. ARTICLE B.3 – EXCLUSIONS B.3.1 The following items are excluded from this Agreement; however, Consultant can provide these professional services for additional compensation by amendment to this Agreement. • Wetland delineation and/or mitigation • An Environmental Site Assessment (ESA) Phase 1. • Traffic study • Irrigation design • Special inspections • Hazardous waste engineering • Archeological services • Ecological design services * WSB can add these items to our scope at an additional fee if they become required. ARTICLE B.4 – PROPOSED FEES, SCHEDULE AND ACCEPTANCE C.1.1 Services outlined in Paragraphs B.1 – B.3 above will be provided for an hourly not-to-exceed fee of $329,817. The following fee table provides an overview of fees that are broken into the main categories of work. Task 1 Design and Bidding $240,646 Task 2 Construction Administration $89,171 Total $329,817 58 H a g e n , C h r i s t e n s e n & M c I L w a i n A r c h i t e c t s August 11, 2023 City of Falcon Heights – Community Park C/O Robert Slipka (WSB) Re:City of Falcon Heights Community Park Civic Pavilion Dear Bob: We thank you for the opportunity to support WSB on this exciting opportunity with the City of Falcon Heights. HCM has extensive experience with Parks and Recreation work of all kinds with over 120 individual structures completed in the last 20 years, along with dozens of studies, audits, assessments (including the existing Community Park Building), and planning efforts. We appreciate our working relationship with WSB and look forward to working with your team and the City of Falcon Heights. Our Design Services for the proposed Civic Pavilion will include Architectural Design, Interior Design, Structural Engineering and Mechanical and Electrical Engineering. Our proposal includes fee for site & parking lot lighting, per your request. Our Team includes: •HCM Architects as the Team Leader/Manager, Architect of Record and for all Architectural and Interior Design services. •Paulson & Clark Engineering (PCE) for Structural Engineering services. •Emanuelson Podas (EP) for the M/E/P Engineering services. We understand that WSB will be providing the design and documentation for the site work, grading, and utility work and will hold the overall contract with the City of Falcon Heights, MN and our contract will be to WSB. Again, we appreciate you giving us this opportunity to be of service to you. If you have questions regarding this proposal or would like additional information from us please call me. Sincerely, Matthew Lysne, AIA, NCARB Hagen, Christensen & McILwain Architects 4201 Cedar Avenue S. | Minneapolis, MN 55407 | 612.904.1332 | hcmarchitects.com 59 Project Understanding & Work Scope Per Phase: Project Understanding We understand the scope to be full service design fees related to programming and design of a new Community Pavilion building at the existing Community Park. The building is anticipated to be approximately 2,400 sf and have similar programming to the City of Roseville Lexington Park. Gathering space, small meeting space, a catering kitchen, toilet rooms and seasonal use as a warming house for skating are all being considered. The building development will be part of a larger renovation of the park, courts and amenities that WSB is providing. The services in this proposal will include the Project Phases of Programming and Schematic Design, Design Development, the development of the Construction Documents for bidding, permitting and construction and the Public Bidding for the Project (CMaA and Sourcewell Procurement may be considered for selecting a General Contractor). Specific work scope included in each Phase is as follows: Phase 1 Programming, Schematic Designs & Cost Estimates: A. Program Development Tasks •Work with staff (1 meeting) to understand needs and functions •Define square footage requirements. •Identify important adjacencies. •Consider/identify efficiencies and long-term maintenance. •Initial Building Code Reviews •Identify and develop desired Site relationships between buildings and site amenities and the neighborhood. •Identify existing facility demolition, site impacts, etc. Deliverables: •Space Program •Narrative on key adjacencies, building systems and operations. •Building Code Reviews B. Schematic/Concept Design Tasks •Consider site area and adjacent infrastructure in relationship to the proposed buildings. •Develop Conceptual Building Block Plans •Prepare architectural schematic designs for the buildings identified above. •Review meetings with City staff – see meetings sections below. Deliverables: •Development of a Schematic Design Package that will include: - Floor Plans - Exterior Elevations - 3-D Model that will show building forms, fenestration and materials - Architectural Scope Narrative - MEP Scope Narratives C. Schematic Building Cost Estimate Tasks •Schematic Cost Estimates for the buildings prepared by 3rd Party Cost Estimating Consultant. 60 Deliverables •Schematic Construction Cost Estimate for Buildings D. Meetings Assumed Meetings to include: - (3) meetings with staff - (2) stakeholder meetings - (1) Park, Recreation, and / or Community Meeting - (1) City Council Meeting Deliverables: •Presentation materials to WSB for Committee and City Council meeting presentations Phase 2 Design Development & Updated Detailed Cost Estimates: Scope of Work: •Develop the Building Plans, Exterior Elevations & Building Sections •Develop structural system designs. •Develop MEP systems designs. •Develop finish plans, FFE plans and required interior elevations. •Work with Staff to develop interior & exterior material & finish selections. •Investigate all pertinent codes and safety regulations – meet with City Building Officials to confirm life safety and accessibility requirements. •Develop 3-D Model to include Design Development updates. •Present the Project at Park & Rec and City Council meetings. •Develop Design Development Package for review/approval and cost estimating purposes. •Develop a detailed Design development Detailed Cost Estimate for all (3) Buildings. Building Design Team Deliverables for this Phase: •Design Development Package including drawings and narratives for: •Architectural •Interior Finishes •Structural •Mechanical (HVAC & Plumbing) •Electrical •Design Development Detailed Cost Estimate. •Project meeting minutes documentation of meetings and presentations. •Understanding of local and state jurisdiction requirements. •Presentation materials for Park & Rec Board and City Council meetings Phase 3 Construction Documents: Scope of Work: •Bi-weekly meetings (assume 6 meetings) with the City and Project Design Team to review project goals, progress and to coordinate all design efforts. •Develop 60% & 90% CD Review Package for Design Team and Owner reviews. •Attend a 90% CD “Page-Turner” with the Owner and the entire Design Team for a full review of the Project Design. •Ongoing review of any design options with the City’s Project Manager •Detailed coordination with WSB their Project Team •Present the Project at Park & Rec and City Council meeting. •Complete Construction Documents made up of detailed plans and specifications provided to the City’s Project Manager for review prior to Project Bidding. 61 Building Design Team Deliverables for this Phase: •Complete Construction Documents made up of detailed Drawings and Specifications (Project Manual) for the Architectural, Interiors, Structural Engineering, Mechanical Engineering and Electrical Engineering for the Bidding, permitting and construction of the Project. Phase 4 Project Bidding Services: Scope of Work: •Issue documents for Bidding •Assist WSB in Prebid meeting with potential bidders. •Respond to substitution requests. •Develop Addenda to the Construction Documents •Answer all inquiries about the project as required for the competitive bidding of the project. •Review bids with Owner and qualify the apparent low bidder for the building. Deliverables: •Issuance of Addenda as required, responding to contractor questions. Phase 5 Construction Administration Services: Scope of Work: •Attend weekly construction mtgs. (assume 20 CA meetings) •Review work for compliance w/ construction documents •Appraise City of construction progress •Review shop drawings and product submittals •Answer RFI’s •Prepare Proposal Requests (PR’s) and ASI’s •Answer all contractor inquiries regarding the design intent of the documents. •Work closely with the Project Manager regarding the construction work •Review payment applications and prepare change orders. Deliverables: •Timely Submittal and Shop Drawing reviews •Review of Pay Applications •Issue Appropriate Change Orders •Punch list Inspections - one initial and one final per Phase (2 total) Phase 6 Project Close-Out: Scope of Work: •Review warranties, equipment manuals and related documents assembled by contractors. •Maintain accurate record set of field drawings and specifications. •Review the completed project 11 months after the date of occupancy and report any issues or warranty problems to the contractor for correction. •Discuss the facilities with City staff for feedback on operational issues. Deliverables: •Forward warranties, equipment manuals and related documents assembled by contractors. •Project As-Builts in digital and hard copy to City staff •11 Month Post-Construction Warranty Reviews 62 1 227661v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this ________ day of ___________________, 2022, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (“City” )and WSB & ASSOCIATES, INC., a Minnesota corporation (hereinafter referred to as "Engineer"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer for professional engineering services regarding the Falcon Heights Community Park Building and Parking Lot Improvements (“Project”). 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement; B. Insurance Certificate(s) approved by the Engineer; C. Engineer’s Proposal dated August 17, 2023 (“Proposal”) attached hereto as Exhibit “A”. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 3. COMPENSATION. Engineer shall be paid by the City for the services described in Exhibit “A” in accordance with the rates set forth in the Proposal. Compensation shall not exceed $329,817 Dollars, inclusive of expenses. 4. DOCUMENT OWNERSHIP. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 63 2 227661v1 7. STANDARD OF CARE. Engineer shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Engineer under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. Engineer shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. A. Engineer shall secure and maintain such insurance as will protect Engineer from claims under the Worker’s Compensation Acts, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Professional Liability $2,000,000 each claim The insurance coverages may be provided by a single policy or by a combination of policies, including umbrella or excess liability policies. B. The Engineer also agrees to maintain, at Engineer’s expense, Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Engineer in connection with its performance under this Agreement. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,000,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within the scope of Engineer’s Commercial General Liability policy, such Business Automobile Liability policy shall also include coverage for motor vehicle liability assumed under contract. C. City and its officers, employees and agents shall be named Additional Insured on the above CGL and Auto liability policies. D. The Engineer also agrees to maintain, at Engineer’s expense, Professional Liability Insurance coverage insuring Engineer against damages for legal liability arising from a negligent 64 3 227661v1 act, error or omission in the performance of professional services required by this Agreement during the period of Engineer’s services and for one (1) year following the date of final completion of its services. The professional liability insurance coverage shall provide limits of at least $1,000,000 per claim/occurrence and an annual aggregate. Coverage under such policy may not be subject to a deductible not to exceed $25,000 per occurrence. E. Prior to commencement of any work under this Agreement, Engineer will provide the City with certificates of insurance evidencing the required insurance coverage in a form acceptable to City. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be cancelled or reduced in limits by endorsement for any reason without at least 10 days prior written notice to the City of the intent to cancel. Engineer shall provide the City with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the City Certificate of Insurance, and shall contain sufficient information to allow the City to determine whether there is compliance with these provisions. At the request of the City, Engineer shall, in addition to providing such evidence of insurance, promptly furnish Manager with a complete (and if so required, insurer-certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at least thirty (30) days’ notice to the City prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On Certificate of Insurance, Engineer's insurance agency shall certify that he/she has Error and Omissions coverage. F. All policies of insurance required under this paragraph shall be issued by financial responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to the City. Such acceptance by the City shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, the City shall have fifteen (15) business days from the date of receipt of Engineer’s evidence of insurance to advise Engineer in writing of any insurer that is not acceptable to the City. If the City does not respond in writing within such fifteen (15) day period, Engineer’s insurer(s) shall be deemed to be acceptable to the City. G. The City shall, at any time during the period of this Agreement, have the right to require that Engineer secure any additional insurance, or additional feature to existing insurance, as the City may reasonably require for the protection of its interests or those of the public. In such event Engineer shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). 10. INDEPENDENT CONTRACTOR. The City hereby retains Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer’s performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or 65 4 227661v1 employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Except for services provided by Hagen, Christensen & Mcilwain, Paulson & Clark Engineering and Emanuelson Podas, as identified in the Proposal, Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statutes § 471.425. Engineer must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County Minnesota. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, City, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Engineer desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Engineer shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Engineer shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such 66 5 227661v1 patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16. RECORDS. Engineer shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. OWNERSHIP OF DOCUMENTS Project specific original (non PDF) engineering documents, drawings, modeling, and specifications prepared by the Engineer as part of the Scope of Services shall become the property of the City when the Engineer has been compensated for all Services rendered, provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall provide original documents created during Services rendered to the City upon request after project completion. Engineer shall, however, retain its rights in its standard drawing details, specifications, data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Scope of Services shall become the property of the City. 21. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 67 6 227661v1 22. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 23. NOTICES. Any notice given under this Agreement shall be deemed given on the third business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to City: City of Falcon Heights 2077 Larpenteur Ave. W. Falcon Heights, MN 55113 Attention: City Administrator If to Engineer: ____________________ ____________________ ____________________ Attn:________________ 24. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Engineer. In the event of termination, the City shall be obligated to the Engineer for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. 68 7 227661v1 Dated: ____________________, 2022. CITY OF FALCON HEIGHTS BY: Randy Gustafson Its: Mayor ATTEST: Jack Linehan Its: City Administrator Dated: __________________, 2022. WSB & ASSOCIATES, INC., d/b/a WSB By: _____________________________________ ____________________________ [print name] Its [title] 69 8 227661v1 EXHIBIT “A” To Professional Service Agreement Engineer’s Proposal 70 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION August 23, 2023 No. 23-56 - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION ACCEPTING OF PROPOSAL AND AUTHORIZATION OF CITY ADMINISTRATOR TO NEGOTIATE CONTRACT WITH WSB & ASSOCIATES, INC. (WSB) FOR PROFESSIONAL SERVICES PROVIDED IN COMMUNITY PARK’S BUILDING AND SITE IMPROVEMENT PROJECT WHEREAS, in 2014, WSB performed a Parks Master Plan Study; and WHEREAS, part of WSB’s 2014 Parks Master Study extensively analyzed Community Park ; and WHEREAS, WSB developed multiple concepts in 2014 for Community Park’s future redevelopment; and WHEREAS, Staff recommends the City hire WSB & Associates, Inc. (“WSB”) to provide professional services for the Community Park renovation planned for 2024; and WHEREAS, WSB has experience providing professional services to municipalities’ parks and trail systems including in the community of Crystal, Minnesota; and WHEREAS, WSB would provide services such as topographic survey, geotechnical services, public engagement support, schematic design, final design, bidding services and construction administration related to Community Park building and parking lot improvements; and WHEREAS, WSB’s proposal is for professional services provided hourly and not to exceed $329,817. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1.That the proposal from WSB & Associates, Inc. is accepted by the City Council of the City ofFalcon Heights.2.That the City Administrator is authorized by the City Council of the City of Falcon Heights toexecute the professional services agreement with WSB & Associates, Inc. for professionalservices provided in Community Park’s Building and Site Improvement Project. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor 71 GUSTAFSON ____ In Favor Attested by: ________________________ MEYER Jack Linehan ANDREWS ____ Against City Administrator LEEHY WEHYEE 72