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HomeMy WebLinkAboutAgenda Packets - 1999/02/16 CITY OF MOUNDS VIEW F' SPECIAL. "WORK S�ESSI�ON AGENDA February 16 1999 6:04 p.m. Items Discussed Per Consensus 1. Discussion of School Board Bond Report. 2. COUNCIL REPORTS 3. Discussion of City Employee Use of Public Works Garage. A. Discussion of Administrative Policy Manual. 4. Discussion of Employee Cell Phones. 5. Review of Retreat. 6. Discussion of City Consultants Selection. 7. Discussion of Building Inspections Agreement. 8. Discussion of Community Center Construction Budget/Actual Review and Closeout Follow up. 9. Discussion of Catering Service for Food and Liquor Services at the Community Center. 10. Discussion of Signing Options for Golf Course and Other City Areas. 11. Discussion of Community Survey and Remnant Parcel Survey. 12. Discussion of Police Chief's Severance Package. 13. Review of Woodcrest Park Ponding Plan. 14. Discussion of Signal Light at Pleasantview Drive and Highway 10. 15. Discussion of Propane Vehicles. 16. Discussion of Risk Management and Process Safety Programs. MEMO February 12, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: February 16, 1999 City Council Work Session We've got several items to go through Tuesday evening. Here's what's on tap: Item 1 - School Board Bond Report: Because of the nature of this issue I the school district and its impact on Mounds View's tax base, it seemed appropriate to have the school come in and report on their interest and reasons for their proposal. Very roughly, it appears that an $80 million bond would mean about$130 a year for the average house in Mounds View. The School Superintendent, Board Chair and Community Ed Director met with the area's mayors and administrators last Wednesday, but unfortunately neither I nor Dan could attend. They have been gracious enough to schedule themselves in to meet with us Tuesday and review their proposal with the Council. Item 2 - Council Reports: We have not had this item on work session agendas in the past, but the volume of requests for things I have had this past week, I thought maybe this would be helpful. Questions have come up as to how to get things on a meeting agenda. While I don't want to be a roadblock to someone's request, it often is not clear as to what the issue is or how much work I or staff should do in preparing for a single member's interest. It is however wholly appropriate to raise interests before the entire Council for addressing and direction and definition of the interest for review and/or staff preparation if needed. Perhaps with this on the work session agendas as well as the regular meetings,everyone will know things can be brought up. I would have put it first,but had committed the school to 6 p.m. Item 3 - City Employee Use of Public Works Garage: Council requested this be discussed on Tuesday. The administrative policy regarding this has been given to Council as well. Seeing as this has been an administrative policy, and the cell phones use can be considered an administrative oversight issue, I thought bringing up the rest of the administrative policy manual may be in order as well. This has been in various stages of development over the past two and a half years, but due to staff turnover has gotten set aside. It may be easier for Council to review all the policies at your convenience and then debate changes rather than bringing up one at a time. Council may also want to consider clarifying what level of interest or involvement it may have so as not to have the impression that staff may be working at cross purposes. Item 4 - Employee Cell Phones: Department heads will be present to respond to any questions. Bruce is putting together a compilation of billing information over the past few years. Council asked for a cost justification of the use of cell phones. After some discussion internally about just what that meant, it appears to me that a justifiable cost is related to the value imparted to employees having cell,which naturally depends on what they are using them for. In general, the phones are to be used for keeping the employee in constant contact for city related business. For some this may mean that they could be needed at any given time and that they are expected to respond. For others, it may additionally mean that a phone would be a better manner for communication than perhaps a radio or a pager. Each of these should be weighed against the cost of the use of the phone, the level of the desire for the city to be in contact with the employee and the alternatives for achieving the similar levels of satisfactory communication. During my time with the City, I have viewed cell phone use as a responsibility of the employee to be in contact if and when needed by the city, and that some secondary use, mostly personal calls, are acceptable if in moderation. Our calling plan allots a certain number of minutes for a fixed cost and only when exceeded does the need for examination of calls need to be considered. Due to the differences in work and individual preferences for communicating,this will and is expected by me to vary from employee to employee, as long as the general understanding overrides in the use of the phones,that being that employees entrusted with phones will be in contact if and when needed, and that nonbusiness use of the phone will be kept to a minimum. The Council's preferred standards may be different and staff is willing to adapt to those standards if so directed. Item 5-Review of Retreat: Cari will go over the options found for the retreat for confirmation with Council. Item 6 - City Consultants Selection: There has been some discussion and comments made regarding the city's use of consultants,particularly for engineering,but the city also uses consultants in a variety of ways. Perhaps the Council would like to discuss this in more detail and review the arrangements we currently have,the options that consultants present and advantages/disadvantages securing, retaining and working with them present. Item 7-Building Inspections Agreement: Carl and Nyle will be present to review the status and draft of this agreement. Council will recall that the 1999 budget is established with the action of contracting out our building inspections with the fire department starting April 1. Cari has also spent time drafting a separation agreement with our current building inspector. These items can be discussed in order to present a draft for approval at an upcoming regular meeting. Item 8 - Community Center Construction Budget/Actual Review and Project Close Out Expenses: Council has talked a little about this, but the gist currently is understanding and authorizing the final project purchases as requested by the Parks and Recreation Commission in view of the overall project costs and construction budget. Bruce's memo touches on the options presented for paying for those requests should the Council agree to make the purchases. Staff can respond to any questions from the discussion. Should approvals be indicated to make purchases, staff will move on the appropriate process for making them. Item 9 - Community Center Catering Agreements: Bruce has included in the packet agreements for food and liquor catering at the community center and can respond to questions the Council may have. These items would be scheduled for formal approval at the February 22 meeting. Item 11 - Community Survey and Remnant Parcel Survey: Rick Jopke whipped together this little survey to deal with the community's feelings towards the remnant parcel. The questions are straight forward,but staff thought the Council may want to review them. If generally agreed to,we will place the survey in the upcoming Mounds View Matters. Item 12 - Police Chief Severance Agreement: With Chief Ramacher leaving at the end of next month,he is entitled to separation provisions in city code. Cari will review the details of this item, but the primary question that exists has to do with use of accumulated sick leave and severance. City policy for non-collective bargaining employees is to grant using 50% of 960 hours of unused sick leave as a severance. In two recent collective bargaining agreements, the City proposed and the unions agreed to an option on that provision that allowed an employee to choose instead to use up to 65%of total unused sick leave towards future monthly medical insurance. This did two things, one it created an added incentive not to use sick leave once the employee had accumulated enough to gain full severance, and two, it allowed an employee to retire early,particularly when it can be so difficult to get insurance that some will choose to remain employed. This has another practical benefit to the City, it does not have to pay out in one lump sum a large amount of funds for a severance. In Ramacher's case,the City will continue to pay for health insurance monthly as it has been, until either his 65% value runs out or he doesn't take insurance anymore. At the latest, the City's obligation would end when Ramacher turns 65 and is eligible for Medicare. I give this matter this much attention right now because it is the first time that a non-union employee is seeking this. It is also the first time anyone has chosen this as an option and while some Council members may recall this from the collective bargaining sessions,new members may not be aware of it. From may standpoint, it is an acceptable for the City implement in Ramacher's case, but since it has not been extended to non-union employees, it would need authorization from the Council. Hence, we will give you the entire agreement to review. Item 13 -Woodcrest Park Ponding Plan: With the need to mitigate wetlands at the Community Center,an option staff and the prior Council considered was to reinstate wetlands at Woodcrest Park. Rice Creek Watershed was good enough to allow the City to proceed on the parking lot at the Community Center while we consider this option. For those not familiar with Woodcrest Park, it is a park that sits essentially on wet somewhat unstable ground. This limits it useability as a park frankly and some park like features could be maintained and even improved upon if the City returned it to what is likely its more natural wetlands state. Mike can review this option with the Council for how to physically do this. The other consideration for the Council is that some public notice and hearings should probably accompany this process. Staff can review options for this as well with Council Tuesday evening. Item 14-Signal Light at Pleasantview Drive and Highway 10: We touched on this briefly at the last work session with the Ramsey County officials. The City would need to take some action in order for this project to proceed. Mike and I can go over this. There is some past information included in this packet. Item 15 -Propane Vehicles: Mike will cover this one. Item 16-Risk Management and Process Safety Programs: Mike will review these too. A cost is involved in this item, essentially mandated to us to do. There are a few other things going on of course. Some additional information regarding board appointments pertaining to the Planning Commission is in your boxes. Some questions arose on whether staff actually determined the correct expiration of some positions or not. Some research confirmed in my opinion that the right determinations were made. To make it easier to understand, the spreadsheet in your box was created. We will be doing additional ones for others boards and commissions as well. Hopefully that will cut down on the annual effort to restaff these boards. I have not had any new word on our airport legislation, other than things are proceeding well at the capital. In your office at City Hall, we have already taken away your computer, but we intend to give one back, a better one, but we ran out of time this week so you won't see it until next week. We are closed for the Monday holiday, Presidents Day, and it appears Clinton is still president. That's all I know. See you Tuesday. CL N 5 N LU0NMMN- CO - OLnd' NN- rn N0/ d. 00LU000) CO000d' v- N00 M 4 • O .0L!) MOO 'd: r- 'ral � MOOMd; COd U)• ONCO - O) UlCDI` I,- f,- d V- a Q� \ � NMONN000 � r6 � 0NMNMO) LUONNLU00C0d' 77M O C0 MMS 0 CO 4- 1 00000OCOOOM 0) LI7NLnMLnl1) O) O) NhOd- d' ON!' NI' NMC0 - 0 O d- 00 00 00 — 0) CO O d. T- r CO Ln N up c) Nr 00 VD CO CO Co Co N CO N CO op 0 X0`00 CMMMI- - MCMI- MMMdO' M � NtIl` v- M01 mMMMMNt' 000) Ts- M Ln C O co O O C? N 00 N N co 4 Nr 38 'TO) OOMd HOM140 0\1 00 O OCD Oodu? c? 000000 (NI CD O On N 0) I` c N- E � orn °O `• CD � CDCDCCOCOCOCOCOCO -a o M 0 LU CO 00 0o 6M CO 6 o CO CO CO CO M CO CO CO CO CO CO CO CO CO 0) O C) U C)° 0) MO) ODNI- ' NrOONCONNd d' CON- - ooNNLt7NNCO d' V CO • _ N O I,- O CO O) O) 00 - c- N- 00 ti 00 N LI) CO d. 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LB ,Dfab (1) O U a) m • = N Q (B N (c6 a) 0 U a) O a) 2O --) OZOC) Q -) -) 2Q2tL -) OZOu) < -) 2 < 2t_ -.3OZOCOQ - -) 2 -� 5 Item No. • Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Retreat Options Date of Report: February 12, 1999 We have a variety of options for our retreat: Northland Inn -Brooklyn Park The Northland Inn is available for March 12-13. The prices are as follows: For Friday's meeting 8:00 AM- 5:00 PM -- $65/per person. This includes continuous coffee/snack breaks and a buffet style lunch. At 5:00, the overnight and next day package kicks in at$165.00 per person which includes hotel room, continental breakfast on Saturday, buffet lunch and the meeting room (Grand Total - 16 people - $3,680) If we decide not to spend the night, we can rent the conference room for both days, including continental breakfast,buffet lunch and continuous coffee/snack breaks from 8:00 AM - 5:00 PM for both days for $2080.00 ($65.00 per person per day) Minneapolis Marriott Southwest- Minnetonka The Marriott Southwest is available for March 12-13. The prices are as follows: If we want to stay overnight,they offer a group rate of$74.00 per person(normally $149)which equals $1,184.00. The conference room rental includes a food and beverage minimum of$500 per day. So for two days, the conference room is $1,000 which includes whatever food we would like. If we spend less than $500 on food,then the remainder becomes the room rental fee, otherwise, there is no rental fee. Banquet room only both days- $1,000 total Banquet room and overnight- approx. $2,200 Plymouth Radisson and Conference Center-Info. Available Monday Hopkins House - The Hopkins House is also available on these dates. The prices are as follows: Since we have 10 or more people, the room rate is $59.95 per room(total 959.20). The conference center has a food and beverage minimum of$325.00 per day (again, if the $325 is spent,there is no room rental fee). Banquet room only both days - $750 Banquet room and overnight- $1709.20 N:\USERS\CARIS\RETREAT2.WPD tp 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone &Graven (612) 337-9310 fax e-mail:attys@kennedy-graven.com CHARTERED ROBERT C. LONG Attorney at Law Direct Dial(612)337-9202 January 3, 1997 Chuck Whiting City Clerk-Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Retainer for General Legal City Attorney Services Dear Chuck: As we discussed, this letter is intended to serve as a Retainer Agreement concerning the scope of legal services to be provided by Kennedy & Graven, Chartered (the "Firm") to the City of Mounds View (the "City") and the fees which will be charged for such services. If the City Council concurs with the provisions contained in this letter, please arrange to have it signed in the spaces provided and return a signed copy to me. 1. The City appoints the Firm as City Attorney with Robert C. Long acting as primary legal counsel with respect to the services described in this letter. 2. The Firm agrees to perform all usual and customary legal services for the City in accordance with the terms of this letter. 3. The City agrees to compensate the Firm for services as follows: a) An annual retainer fee for the City's general civil legal services of$36,000 (based on a regular hourly rate of $100 per hour) payable in monthly installments of $3,000 per month, by the end of each month, commencing for services rendered during the twelve month period beginning January 1, 1997. Services to be covered by the retainer fee are as follows: 1) Attendance at regular City Council meetings during the twelve month retainer period to be determined by the City Clerk-Administrator; 2) Formal and informal legal advice to City staff and elected officials as requested; 3) Preparation of Ordinances and Resolutions as requested; RCL114982 M0125-11 Chuck Whiting January 3, 1997 Page 2 4) Advising committees of the City from time to time as requested by staff; 5) Advising the City Council and staff, as necessary or as required, to discuss topics including, but not limited to important legislative or judicial developments; 6) Formal and informal advice on operating procedures and personnel matters including interpretations of federal, state and local rules and regulations relating to operating procedures, such as data privacy requirements, open meeting law requirements and othei personnel and administrative requirements of federal, state or local law. 7) Providing Code Supplements incorporating new ordinances every six months. b) For all other City legal services, including those described below, except for those services described in paragraphs 5 and 6, compensation at an hourly rate of$115 for Firm attorneys and $60 per hour for law clerks and $70 per hour for legal assistants: 1) Real estate transactions; 2) Review and preparation of Tax Increment Finance documents and development agreements; (Steve Bubul would also be involved in TIF matters.) 3) General legal advice to the Mounds View EDA and attendance at EDA meetings; 4) Labor and employment matters other than routine or general advice; 5) Civil litigation matters, including condemnation and special assessment challenges; 6) Special projects which are so designated by the City Council or the City Clerk-Administrator, including attendance at City commission and committee meetings when requested in addition to the regular meetings covered as part of the retainer agreement, including current files MU125-50 and MU125-51 relating to the golf course and airport matters. 4. The Firm shall also be separately reimbursed for any costs and disbursements which it incurs in connection with providing any of the services described in paragraph 3 of this RCL114982 MU125-11 Chuck Whiting January 3, 1997 Page 3 letter; including computer assisted legal research at the rate charged by the provider. Reimbursable costs and disbursements shall not include charges for secretarial or word processing services, or any other unauthorized costs, such as the purchase of legal publications or attorneys' continuing legal education requirements. Billings by the Firm to the City for services, costs and disbursements shall be made monthly. The billing statement shall be of sufficient detail to adequately inform the City concerning the tasks performed, the attorney performing them, the time spent on each such task and the nature and the extent of costs and disbursements. The statement shall also show the total time spent and the fees, charged under category 3b and the total time spent under category 3a. Within the limits of its billing system, the firm's billing statement shall also, as requested by the City Clerk-Administrator, show the types of work done in various categories and the time spent and fees attributable to each of such categories. 5. In instances where the Firm is authorized to act as approving bond counsel on a particular transaction, fees for services rendered by the Firm in such capacity shall be those usually and customarily charged by the Firm for such services and shall be negotiated on a fixed rate for each separate transaction. (Dave Kennedy or Bruce Batterson would act as bond counsel.) 6. The hourly rate for all attorneys of the Firm for services for which costs are passed through to a developer or applicants will be $125.00. For all civil litigation or formal administrative proceedings, commencing with the service on the City of a summons and complaint or formal charge or notice of administrative proceedings, the hourly rate for attorneys of the Firm will be $125.00. 7. The Firm will provide, without cost to the City, any relevant summaries of legislation of recent court decisions, so long as the Firm continues to provide such service generally to its clients. 8. It is the intention of the parties and it is hereby agreed that the "primary City Attorney" as used herein means and refers to Robert C. Long who will, except in the case of extraordinary circumstances involving disability, unavoidable conflict or other good and substantial reasons, perform, supervise and be responsible to the City for the legal services herein agreed upon. The Firm shall, upon request, provide the City with the names and qualifications of other attorneys employed by the Firm who may from time-to-time be directed to perform services described in this letter under the supervision of Robert Long. 9. The Firm agrees that it will not undertake the representation of any person or other entity during its appointment as general counsel in instances where such representation may create a potential conflict of interest, unless: RCL114982 MU125-11 Chuck Whiting January 3, 1997 Page 4 a) The Firm reasonably believes the representation will not adversely affect its relationship with the City; and b) The City and such other person or entity have consented after consultation. 10. The Firm agrees that it will not, during its appointment as City Attorney, undertake the representation of any appointed official of the City or the City Clerk-Administrator in connection with any personal legal matter of such person; and will not during such appointment, absent the consent of the City Clerk-Administrator, undertake the representation of any other employee of the City. 11. The appointment of the Firm as City Attorney may be terminated by the City at any time and by the Firm upon 60-days' written notice to the City. Nothing in this letter or the City's acceptance shall be deemed to preclude the opportunity of the City to retain and appoint legal counsel other than the Firm to represent the City in any legal matters. 12. Subject to the rights of termination described in paragraph 11, the provisions of this letter shall be deemed to be automatically extended from year-to-year or extended with such modifications or adjustments as the City and the Firm may from time-to-time mutually agree to. KENNEDY & GRAVEN, CHARTERED By 9r11S43 -tC r 1/3//17 Robert C. Long The provisions of this letter are understood and accepted. Dated: 4111/1 CITY ®. MOUNDS VIEW /` By � W �. • ' �Duane McCarty Its Mayor By acf.-(12,*-- Chuck Whiting City Clerk-Administrator RCL114982 MU125-11 02/12/99 FRI 09:26 FAX 651 490 2150 SEH 0001 • • • AnirErsai -, FAX TRANSMITTAL U $535 VADNAIS CENTER DRIVE 200 SEN CENTER /114 ►yM 9-9 w O FIELD : ST.PAIR,MN 55110 • l Q, 610325-2055 DATE:_ �l I/'I�/► l 8003252055 612 490-2150 fAX o 5909 BAKER ROAD ,T FROM:._5..-,`114r"&,._._........., 14 ___002SUITE 590r MINNE ,ON 55345 TOTAL PAGES: 1 812 931.9501 '—"�"— (ung cow sheet) • 800 7M4787 812 931.1189 FAX • • 0 113 S.FIFTH AMAX CI URGENT • P.a BOX 1717 I`,� ST.CLOUD,MN 56302-1717 f��C Q/I/�L'i'�. 820 2524740 ATTENTION: I 800 5724817 f� 1'r 32025148760FAX ++v" + • CO/ORG NIZATION: ,����OtS Y r�4 o 421 FRENET7E DRIVE CMPFEWA Fi1cd.9,m 54729 FAX No: 6121 7$If.- 3462 TELEPHONE: 715 720 .I 710 20,5881 ,IS G, 440114.S. Ali ryc�' 7187 7FAX SUBJECT: • • - 0 6110 ENTERPRISE(ANE REMARKS: , SURE 120 ++���� �� Amami,wrss7re • p bra ces! Se#VKaS 608274.2020 nJJ- ,, �y r ,�a I-f� 608 2742026 FAX W T !�1`ll�' �4%�^ - 0 2021CUNEAVENUEN. SU17F2 GRIFFITH.IN 48319 ---V • 219 839-7097 219 898.70189 FAX P•-Ly / V l rr a re - Weare O Seree9 original by Mal / JA79frfFAX0f/Y Senotng as requested • For your p infonnationonacolds 0 Rearm and aliment O Approval D Action 0 Distribution 0 RaM9ion and resubmittal 11 as smtssion was net reasivad rope*Plops contact ttas sander at dm phone number atom An Vbisadve Adios, WE REQUESTA RESPONSE FROM YOU BY: a 02/12/99 FRI 09:26 FAX 651 490 2150 SEH e002 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF MOUNDS VIEW, MINNESOTA AND SHORT ELLIOTT HENDRICKSON INC. THIS AGREEMENT made as of the_ day of in the year Nineteen Hundred Ninety-Three by and between the CITY OF MOUNDSVIEW, MINNESOTA, hereinafter called the CITY and SHORT ELLIOTT HENDRICKSON INC., 3535 Vadnais Center Drive,St. Paul,Minnesota,hereinafter called SEH. WHERE AS, the CITY intends to retain SEH to assist the City relating to investiga- tions,preliminary studies, design and construction of public improvements,including resi- dent project representation, construction staking and such miscellaneous field surveys as necessary to advise the City on issues relating to such public improvements. NOW, THEREFORE, the CITY and SEH for the considerations hereinafter set forth agree as follows: SECTION I - GENERAL SERVICES A. GENERAL SEH shall act as the CITY'S day to day professional representative and perform the following as directed by the City Council or its authorized representative. 1. Conduct Reviews and Investigations and Prepare Reports on Project Feasibil- ity. 2. Prepare applications and supporting documents for government grants,loans or advances. 3. Assist the City to obtain approvals from authorities having jurisdiction over a project. 4. Prepare Easement Descriptions and Drawings Page No. 1 November 17,1993 02/12/99 FRI 09:26 FAX 651 490 2150 SEH 2003 5. Provide additional services due to significant changes in the general scope of a project or its design including but not limited to changes in size, corn- ple dty of character or type of construction. 6. Prepare change orders or other services and supporting data in connection with a change of the project condition which is inconsistent with the origi- nal design intent. 7. Consulting services to the City during the construction of a Project. 8. Provide Resident Project Representation and construction staking work as described in Exhibit A. 9. Assist in the start-up,testing,adjusting and balancing during the operation of equipment or systems. 10. Prepare record drawings showing changes made during construction based on data furnished by the Contractor which SEH considers signifi- cant. 11. Prepare Assessment Rolls 12. Provide professional services made necessary by the default of a Contrac- tor or by defects in the Contractor's work in the performance of the con- struction contract. 13. Provide services as an expert witness for the City in any litigation or other proceedings. 14. Review and/or prepare Environmental Assessment Worksheets and En- vironmental Impact Statements. 15. Review and evaluate statements or documents prepared by others. 16. Prepare City maps. 17. Other services rendered not in connection with a specific Improvement Project for which SEH has been retained. Page No. 2 November 17,1993 02/12/99 FRI 09:27 FAX 651 490 2150 SEH Ij004 B. MEETING ATTENDANCE SEH shall attend meetings as directed by the CITY Meetings shall include but are not necessarily limited to the following: 1. City Council and Workshop Meetings 2. Public Agency Meetings 3. Court Hearings SECTION II - IMPROVEMENT PROJECTS A. GENERAL SEH shall design and prepare plans and specifications and provide general construction services for Improvement Projects as directed by the CITY Individual improvement projects shall be identified and the scope and detail thereof described in a brief Supplemental Letter Agreement submitted by SEH to the CITY which letter proposal shall provide details for payment to SEH. Written acceptance and/or authorizing council action of any agreement submitted will be required prior to commencing work. B. DESIGN PHASE After SEH has received authorization to proceed with the final design phase,SEH shall: 1. On the basis of the approved preliminary documents,prepare construction drawings and.specificatioris for the Project or such a portion thereof as out- lined by the CITY. Such plans and specifications shall be prepared in accor- dance with CITY requirements and the requirements of those State and/or Federal Agencies from whom approvals must be obtained. 2. Advise the CITY of any adjustment of the project cost estimate caused by changes in scope, design requirements or construction cost, and furnish a revised cost estimate for the Project based on the completed drawings and specifications. Page No.3 November 17, 1993 02/12/99 FRI 09:27 FAX 651 490 2150 SER Z 005 3. Furnish sets of plans and specifications for CITY and Agency review. 4. Prepare proposal forms and notice to bidders. • 5. Assist the CITY in obtaining and evaluating bids and awarding Contracts for the construction of the Project. 6. Assist in the preparation of the Contract Agreement. C. " CONSTRUCTION PHASE During the construction phase,SEH shall: 1. Make visits to the site at intervals appropriate to the various stages of con- struction to observe as an experienced and qualified design professional the progress and quality of the executed work of the Contractor(s), and to determine in general, if such work is proceeding in accordance with the Contract Documents. SEH shall not be required to make exhaustive or con- tinuous onsite inspections to check the quality or quantity of such work. SEH shall not be responsible for the means,methods,techniques,sequenc- es or procedures of construction selected by the Contractor(s) or the safety precautions and programs incidental to the work of the Contractor(s). SEH'S efforts will be directed toward providing a greater degree of confi- dence for the CITY that the completed work of the Contractor will conform to the Contract Documents,but SEH shall not be responsible for the Con- tractor's ontractor's failure to perform the construction work in accordance with the Contract Documents. During such visits and on the basis of SEH's on-site observations SEH will keep the CITY informed of the progress of the work and will endeavor to guard the CITY against defects and deficiencies in the work of the Contrac- tors.This obligation does not include anything related to safety.It is agreed that safety matters are Contractor's responsibility. SEH may disapprove work as failing to conform to the Contract Documents. 2. Review samples,schedules,shop drawings,the results of tests and inspec- tions and other data which the Contractor is required to submit, but only for conformance with the design concept of the project and compliance Page No.4 November 17, 1993 02/12/99 FRI 09:27 FAX 651 490 2150 SEH 2006 with the information given in the Contract Documents. Such review shall not extend,to means,methods,sequences,techniques or procedures of con- struction or to safety precautions and programs incidental thereto. SEH shall receive and review (for general content as required by the specifica- tion), maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by the Con- tractor in accordance with the Contract Documents. 3. Consult with and advise the CITY, act as the CITY'S representative at the Project site,issue all instructions of the CITY to the Contractor and prepare routine change orders as required. 4. Review the Contractor's Application for Payment, determine the amount owing the Contractor and make recommendations to the CITY regarding the payment thereof. SEH'S recommendations are based on on-site observations as experienced and qualified design professionals. The recommendations by SEH consti- tute a representation to the CITY that to the best of their knowledge, infor- mation and belief, the work has progressed to the point indicated on said application and the quality of work is in accordance with the Contract Doc- uments,subject to the results of any subsequent test called for by the Con- tract Documents and any qualifications stated in his recommendations. 5. Conduct a site visit to determine if the project is substantially complete and conduct a final site visit to determine if the work has been completed in ac- cordance with the Contract Documents. Such site visits may include repre- sentatives from the CITY and/or other involved governmental agencies.If the Contractor has fulfilled all of his obligations,SEH may give written no- tice to the CITY that the work is acceptable for final payment. 6. SEH shall not be responsible for the acts or omissions of any Contractor,or of any subcontractor or supplier,or any of the Contractor(s)'or subcontrac- tor's or supplier's agents or employees or any other persons (except SEH'S employees and agents) at the site or otherwise furnishing or performing any of the Contractor's work;however,SEH shall not be released from lia- Page No.5 November 17,1993 02/12/99 FRI 09:28 FAX 651 490 2150 SER (1007 bility for failure to properly perform duties and responsibilities assumed by SEH in the Contract Documents. Further, SEH shall not be responsible if conditions at the site of the work are different than the conditions predicted following general observations at the site, review of existing plans and records made available to SEH by the CITY for the specific site and review of soils data resulting from formal soils investigation programs undertaken. SEH shall endeavor to provide • the CITY with construction plans, specifications and contract documents that conform to site conditions identified during site investigations,but it is recognized that unknown conditions may exist that cannot be discov- ered until complete site excavations are made and that SEH does not bear the responsibility for their discovery or for additional construction costs that may result from the unknown conditions. SECTION III - THE CITY'S RESPONSIBILITY A. THE CITY SHALL: 1. Provide full information as to its requirements for the Project. 2. Assist SEM by furnishing all available information pertinent to the Project. 3. Guarantee access to and make all provisions for SEH to enter upon public and private lands as required for SEH to perform his work under this Agreement. 4. Provide such legal, accounting and insurance counseling services as may be required for the Project. S. Give prompt written notice to SEH whenever the CITY observes or other- wise becomes aware of any defect in the project. 6. Furnish television inspection of sewers, land surveys, soil borings, labora- tory material tests,soil tests and other special items pertinent to the Project. 7. The CITY shall be responsible for the accuracy and/or omissions of data consisting of, but not limited, to computations, as built drawings, and maps furnished by the CITY. Page No.6 November 17,1993 02/12/99 FRI 09:28 FAX 651 490 2150 SEH Z008 8. Bear all costs incidental to compliance with the requirements of this Section TTI. SECTION IV - PERIOD OF SERVICES A. STANDARD PROFESSIONAL SERVICES The services called for in Section LA., General Services, shall continue until terminated. B. IMPROVEMENT PROJECTS After the CITY'S acceptance of the preliminary report and upon written authorization from the CITY and agreement as to the final scope of the Project, SEH shall proceed with the performance of the services called for in Section ILB., Improvement Projects, of this Agreement. SEH shall deliver the completed construction drawings, specifications and cost estimates for all authorized work on the project in accordance with the Supplemental Letter Agreement submitted by SEH for each individual project. SECTION V - PAYMENTS TO SEI A. DAY TO DAY PROFESSIONAL SERVICES AND MEETING ATTENDANCE UNDER SECTION I: 1. SEH shall be compensated monthly for services described in Section I.A. Said compensation shall be paid at SEH's current billing rate at the applica- ble employee rate plus the cost of expenses and equipment as outlined in Sections V.C. and V.D. 2. Meeting Attendance a. For attendance at CITY Council and Council Workshop Meetings during nonbusiness hours,no payment will be made. b. For attendance at other meetings unrelated to Improvement Projects,SEH shall be paid at SEH's current billing rate of the appli- cable employee plus the cost of expenses and equipment as outlined in Sections V.C. and V.D. Page No.7 November 17, 1993 02/12/99 FRI 09:29 FAX 651 490 2150 SEH 2009 SEH shall bill the CITY monthly for meeting attendance described in Sec- tion V.A.2.b. B. IMPROVEMENT PROJECTS UNDER SECTION II: 1. Design Phase a. Lump Sum Basis Option If the CITY and SEH select the Lump Sum Basis for Payment, SEH shall be compensated for preparation of Plans and Specifications (described in Section II.B.) on a negotiated lump sum fee as provid- ed in the Supplemental.Letter Agreement. During the course of the work SEH shall be paid monthly based. on SEH'S estimate of the percentage of the work completed. Total payments to the ENGI- NEER for work described in Section II.B. shall not exceed the lump sum amount including the cost of expenses and equipment as out- lined in Section V.C.and V.D. b. Fee Schedule Basis Option 1. If the CITY and SEH select the Fee Schedule basis for pay- ment,SEH shall be compensated for Preparation of Plans and Specifications (described in Section II.B. in accordance with a Fee Curve expressed as a percentage of construction or a Fee Schedule attached to the Supplemental Letter Agreement. During the design phase (preparation of plans and specifica- tions)SEH shall be paid monthly.Monthly payments shall be based on SEH's current billing rates of the applicable em- ployee plus the cost of expenses and equipment as outlined in Sections V.C. and V.D.Total payments to SEH for work de- scribed in Section II.B. shall be the total of the fee amount plus the cost of expenses and equipment. 2. Project construction cost to be used as a basis for payment shall be based on one of the following sources with prece- dence in order of list. Page No.8 November 17, 1993 02/12/99 FRI 09:29 FAX 651 490 2150 SEH 0 010 a The average of the two (2) lowest acceptable bona fide Contractor's bids. b SEWS most recent cost estimate for the project as ap- proved by the CITY upon completion of the final design. 3. The project construction cost does not include SEWS fee, the cost of the land or right-of-way, or compensation for and/or damages to property unless this Agreement so specified,nor does it include the CITY'S legal, accounting or insurance counseling services, or interest charges incurred in connec- ' tion with the Project. 4. If any portion of the Project is not bid or put under Contract for a period of twelve months after completion of the final design phase, SEH'S compensation for preparation of plans and specifications for that portion shall be based in one of the following sources with precedence in the order listed. a The average of the two (2) lowest acceptable bona fide Contractor's bid for such portion of the project. b SEWS most recent cost estimate for such portion of the project as approved by the CITY c. Hourly Basis Option If the CITY and SEH select the hourly basis, SEH shall be compen- sated monthly for Preparation of Plans and Specifications (de- scribed in Section II.B.) on an hourly basis. Monthly payments shall be based on SEH's current billing rates of applicable employees plus the cost of expenses and equipment as outlined in Sections V.C. and V.D. SEH will provide an estimate of the costs for the preparation of the Plans and Specifications in the Supplemental Letter Agreement.It is agreed that after 90% of costs have been incurred, SEH will notify .the CITY and confer with representatives of the CITY to determine the basis for completing the work. Page No.9 • November X7, 1993 02/12/99 FRI 09:29 FAX 651 490 2150 SEH 12011 2. Construction Phase SEH shall be compensated monthly for services described in Section ILC. Said compensation shall e paid at SEH's current billing rate of the applica- ble employee plus the cost of expenses and equipment as outlined in Sec- tions V.C. and V.D. C. EXPENSES The following expenses represent expenditures made by SEH, its employees, or professional consultants} specifically for the Project and shall be paid for as agreed in this Section V. Expenses include 10%for cost of administration. 1. Transportation 2. Fees paid, in the name of the CITY, for securing approval of authorities having jurisdiction over the Project. 3. Plan and specification reproduction. 4. Other special expenses connected therewith required in connection with the Project and authorized by the CITY D. EQUIPMENT UTILIZATION The utilization of specialized equipment(computers,electronic survey equipment and automatic data plotting equipment)for data acquisition,detailed engineering computations and plan preparation as well as for the development and preparation of easement descriptions and assessment rolls is recognized as benefiting the Ci TY through more efficient production of project documents and minimization of costs involved with document modification when the project • scope or other conditions change. The CITY, therefore, agrees to pay the reasonable cost for the use of such specialized equipment on the project. SEH's invoices to the CITY will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the current standard rates for equipment published by SEH. E. GENERAL 1. If this Agreement is terminated upon completion of any phase of SEH's Page No. 10 November 17, 1993 02/12/99 FRI 09:30 FAX 651 490 2150 SEH 11012 services,the monthly progress payments shall be made in accordance with Section V.A. and V.B. If SEH's services are terminated during the phase of the work, SEH shall be paid for services performed during such phase. Payment during such phase shall be based on an hourly rate as described in Section V.A, and V.B.plus reimbursable expenses as described in Section V.C. and equipment expenses as described in Section V.D. SECTION VI - GENERAL CONSIDERATIONS A. INDEMNIFICATION Notwithstanding the Scope of Services to be provided by SEH pursuant to this Agreement or Supplemental Letter Agreements, it is understood and agreed that SEH is not a user, handler, generator, operator, treater, Storer, transporter or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations,now existing or hereafter amended,found or identified in the City. It is further understood and agreed that services SEH will undertake, for the CITY'S benefit, are potentially uninsurable obligations involving the presence or potential presence of hazardous or toxic substances, pollutants or contaminates. Therefore, the CITY agrees to hold harmless, indemnify and defend SEH and SEH's officers, subcontractor(s),employees and agents from and against any and all claims,losses,damages,liability and costs,including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release,or escape of hazardous or toxic substances,pollutants or contaminants of any kind,except for such liability as may arise out of SEH's sole negligence in the performance of services under this Agreement. B. LIMITATIONS ON SEWS LIABILITY The CITY hereby agrees that to the fullest extent permitted by law SEH's total liability to the CITY for any and all injuries, claims, losses,expenses, or damages whatsoever arising out of or in any way related to a project or this Agreement from any cause or causes including,but not limited to, SEH's negligence, errors, omissions, strict liability, breath of Contract or breach of warranty shall not • exceed the total sum paid on behalf of or to SEH by SEH's insurers in settlement Page No. 11 November 17, 1993 02/12/99 FRI 09:30 FAX 651 490 2150 SEH 11013 • or satisfaction of City's claims under the terms and conditions of SEH's insurance policies applicable thereto. C. REUSE OF DOCUMENTS All documents, including original drawings, and specifications,prepared by SEH pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by the CITY or others on extensions of the Project or on any other Project. Any reuse without written verification or adaptation by SEH for the specific purpose intended will be at the CITY'S sole risk and without liability or legal exposure to SEH; and the CITY shall indemnify and hold harmless SEH from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. D. ASSIGNMENT SEH shall not, without the written consent of the CITY assign any interest or obligation in this Agreement. E. INSURANCE SEH shall secure and maintain such insurance as SEH deems necessary or appropriate to protect SEH from claims under Worker's Compensation,accidents or claims for bodily injury, death or property damage which may arise from the performance of SEH's services under this Agreement. F. TERMINATION This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination SEH shall be paid compensation for services performed to termination date, including expenses and equipment then due and all terminal expenses. Page No. 12 November 17,1993 02/12/99 FRI 09:31 FAX 651 490 2150 SEH Ij014 • G. FAILURE TO MAKE PAYMENTS If the CITY fails to make any payment due SEH for services and expenses within thirty days after receipt of SEH'S statement therefor,the amounts due SEH will be increased at the rate of 1%per month from said thirtieth day,and in addition,SEH may, after giving seven days' written notice to the CITY, suspend services under this Agreement until SEH has been paid in full all amounts due for services, expenses and charges. APPROVED: CITY OF SHORT ELLIOTT HENDRICKSON INC. BY: BY ADDRESS FOR GIVING NOTICES: 3535 Vadnais Center Drive St.Paul,MN 55117 • Page No. 13 November 17, 1993 ,02/12/99 FRI 09:31 FAX 651 490 2150 SEH fj015 EXHIBIT A TO AGREEMENT FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND • LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement for Professional Services,between the City of Mounds View (OWNER) and SHORT ELLIOTT HENDRICKSON INC. If requested by the OWNER or recommended by SEH, and approved in writing by the other,1)one or more full time Resident Project Representatives(RPR),experienced in the type of construction proposed,will be furnished and directed by SEH in order to provide additional representation at the Project site during the construction phase and, 2) SEH will provide necessary field survey personnel experienced in the type of construction proposed to place construction stakes for use by the Contractor in constructing the project. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, SEH shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR;but, the furnishing of such services will not make SEH responsible for or give SEH control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs,or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in Section U.C. of the Agreement. The duties and responsibilities of the RPR are limited to those of SEH in 1) The agreement with the OWNER and SEH, and 2) in the construction Contract Documents, and 3) further limited as follows: Page No. 14 November 17, 1993 02/12/99 FRI 09:31 FAX 651 490 2150 SEH IJ 016 A. GENERAL RPR is an agent of SEH at the site, will act as directed by and under the supervision of SEH, and will confer with.SEH regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with SEH and CONTRACTOR keeping the OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of SEH. B. DUTIES AND RESPONSIBILITIES OF RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing sub- mittals and schedule of values prepared by CONTRACTOR and consult with SEH concerning acceptability. 2. Conferences and Meetings:Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings,job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as SEH's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understand- ing the intent of the Contract Documents; and assist SEH in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify SEH of availability of samples for examination. Page No. 15 November 17, 1993 02/12/99 FRI 09:52 FAX 651 490 2150 SEH tj017 c. Advise SEH and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by SEH. S. Review of Work,Rejection of Defective Work,Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist SEE in determining if the Work is in general proceeding in accordance with the Contract Documents. . ......... .. .. .... b. Report to SEH whenever RPR believes that any Work is unsatisfac- tory, faulty or defective or does not conform to the Contract Docu- ments, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise SEH of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, in- spection or approval. c. Verify that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appro- priate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to SEH appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agen- cies having jurisdiction over the Project, record the results of these inspections and report to SEH. 6. Interpretation of Contract Documents: Report to SEE when clarification and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by SEH. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recom- mendations to SEH. Transmit to CONTRACTOR decisions as issued by SEH. Page No. 16 November 17,1993 02/12/99 FRI 09:32 FAX 851 490 2150 SEH 11018 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences,Shop Drawings and samples,reproductions of orig- inal Contract Documents including all Work Directive Changes,Ad- denda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract,SEH's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Di- rective Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures;and send copies to SEH. c. Record names, addresses and telephone numbers of all CONTRAC- TORS, subcontractors and major suppliers of materials and equip- ment. 9. Reports: a. Furnish SEH periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with SEH in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, ob- taining backup material from CONTRACTOR and recommend to SEH Change Orders,Work Directive Changes,and Field Orders. d. Report immediately to SEH and OWNER upon the occurrence of any accident. Page No. 17 November 17, 1993 02/12/99 FRI 09:32 FAX 651 490 2150 SEH [I019 • 10. Payment Requests:Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to SEH, noting particularly the relation- ship of the payment requested to the schedule of values,Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates,Maintenance and Operation Manuals:During the course of the Work,verify that certificates,maintenance and operation manuals and oth- er data required to be assembled and furnished by CONTRACTOR are ap- plicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to SEH for review and for- warding to OWNER prior to final payment for the Work. 12. Completion: a. Before SEH issues a Certificate of Substantial Completion,submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of SEH, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to SEH concerning acceptance. C. LIMITATIONS OF AUTHORITY Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substi- tution of materials or equipment,unless authorized by SEH. • 2. Shall not exceed limitations of SEH's authority as set forth in the Agree- ment or the General Provisions to the Letter Agreement or the Contract Documents. Page No. 18 November 17, 1993 02/12/99 FRI 09:33 FAX 651 490 2150 SEH 0020 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcon- tractors or CONTRACTOR'S superintendent. 4. Shall not advise on,issue directions relative to or assume control over any aspect of the means,methods,techniques, sequences or procedures of con- struction unless such advise or directions are specifically required by the Contract Documents. 5. Shall not advise on,issue directions regarding or assume control over safe- ty precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by SEH. Page No. 19 November 17, 1993 02/12/99 FRI 09:93 FAX 651 490 2150 SEH IJ021 ' SCHEDULE • HOURLY BILLABLE COST BY CLASSIFICATION (1) cL SSIFICA"DON ACTUAL PAYROI L RATE(1) OFFICE STAFF Principal86.80 - 133.30 73.80 - 127.10 Project Mang®r � 59.85 - 108.50 49.60 Project Engineer I Architect I Planner/Scientist 80.50 Staff Engineer I Architect/Planner 1 Scientist 59.60 - 70.60 ,. Lead Technician 49.75 - 67.30 Senior Technician 34,90 • 58.15 Technician 5 43.55 Associate Technician 30.30,555 • 43.55 VYord.Processor 30.25 - 49.15 General Clerical 43.40 - 58.90 Graphic Designers E{FLD ST VE 5.80 - 0 5.80 - 84.5 Lead Project Representative 555 Sr. Project Representative 65.105. Project Representative 339.55 -.65 - 78.6090 Survey Party Chief � Survey instrument Operator 39.55 -27.90 - 445.75 .85 Survey Assistant (1) The actual rate.charged is dependent upon the hourly nate of the employee assigned to the project. The rates shown are subject to change. Effective: April 1, 1998 Expires: April 1, 1999 Item No. Type of Business: WK WK: Work Session;PH: Public Hearing; CA:Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Building Inspection Contract Date of Report: February 12, 1999 Attached is a draft copy of the proposed building inspections contract with the Spring Lake Park-Blaine-Mounds View Fire Department for your discussion. Payment for the services provided by the Fire Department to the City shall be as follows: (a) The City will pay Fire Department a maximum of$40,000 per year, $5000 of which is due by January 1 of each contract year. The remainder will be billed throughout the year as work is performed. This cost is based on historical numbers of plan reviews and inspections. (b) The annual cost to the City for such services shall not exceed $40,000 unless the activity increased by more than a 10%margin, at which time the Fire Dept. Could renegotiate a compensation package. (c) Payment for services shall be made upon the presentation of billing statements to the Municipality. The Municipality shall make payment to the Fire Department within thirty (30) days of its receipt of the billing statement or make reasonable arrangements for payment acceptable to the Fire Department. A copy of this contract has been submitted to the City Attorney for approval, as well as the Fire Department's attorney. A more complete draft will be available for your review on Tuesday night. Res ectfully Submitted, Cari Schmidt Assistant to the City Administrator N:\USERS\CARIS\BUILD2.WPD AGREEMENT FOR BUILDING INSPECTION SERVICES This Agreement, made and entered into this day of , 1999, by and between the CITY OF MOUNDS VIEW, MINNESOTA, a municipal corporation, 2401 Highway 10, Mounds View, MN 55112, (hereinafter referred to as the "Municipality") and the SPRING LAKE PARK-BLAINE-MOUNDS VIEW FIRE DEPARTMENT, INC., a Minnesota non-profit corporation(hereinafter referred to as the"Fire Department"). WITNESSETH WHEREAS, the Fire Department is located in the Cities of Mounds View, Spring Lake Park and Blaine, Minnesota, and maintains a fully equipped volunteer fire department which is willing to provide building inspection services to the City of Mounds View; and WHEREAS, the Municipality wishes to receive building inspection and plan review services from the Fire Department; NOW, THEREFORE, in consideration of the representations, warranties and mutual covenants contained herein, and the considerations hereinafter set forth, the parties hereto agree as follows: ARTICLE I. PURPOSE The Fire Department agrees to provide building inspection and plan review services within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. ARTICLE II. TERM This Agreement applies to all building inspection services provided by the Fire Department for the Municipality commencing April 1, 1999 until December 31, 2001. This Agreement shall continue in effect until terminated or amended. ARTICLE III. SERVICES The Municipality agrees to purchase and the Fire Department agrees to furnish the following services for the City of Mounds View: 3.1 Fire Department agrees to answer all calls for building inspection, plan review and site review by sending out building inspection personnel as soon as practical to such areas designated and requested by the City. 3.2 All portions of the City shall be designated on a map which shall be supplied to the Fire Department. 3.3 Fire Department agrees to furnish the building inspection,plan review, and site review services and necessary personnel as requested by the City to the said designated areas in the City, for the consideration set forth below, and agrees that its building inspection personnel will make every reasonable effort to respond to requests from the City for inspection services. 3.4 Fire Department agrees to the position description and performance of the duties as described on ATTACHMENT A of this document. ARTICLE IV. COMPENSATION 4.1 Payment for the services provided by the Fire Department to the City shall be as follows: (a) The City will pay Fire Department a maximum of$40,000 per year, $5000 of which is due by January 1 of each contract year. The $5,000 due is a non refundable fee for administrative expenses, and not applied to any work performed. The remainder will be billed throughout the year as work is performed. (b) The annual cost to the City for such services shall not exceed $40,000 (a figure based on historical numbers of plan review and inspections)unless said activity increases by more than a ten(10%) margin, at which time the Fire Department and the City could renegotiate a compensation package. (c) Payment for services shall be made upon the presentation of billing statements to the Municipality. The Municipality shall make payment to the Fire Department within thirty (30) days of its receipt of the billing statement or make reasonable arrangements for payment acceptable to the Fire Department. 4.2 The Fire Department agrees to submit to the City a copy of the Fire Department's annual financial report as prepared by its certified public accountant no later than June 30 of each year. ARTICLE V. DEPARTMENT ORGANIZATION 5.1 The Fire Department agrees to remain at all times a non-profit corporation under Minnesota Statutes 317.17. 5.2 The Fire Department shall at all times be in compliance with such equipment, personnel and training standards relating to building inspections as may be required by the laws of the State of Minnesota and the Federal Government. 5.3 The Fire Department agrees to have one or more I.C.B.O certifications, including but not limited to plans examiner, combination inspector, as well as Minnesota Building Official n:\users\caris\build.con Mounds View Building Inspector Contract-Draft 3-2/12/99 Class II Certification. 5.4 The entire cost of operation to the Fire Department of salaries, compensation, repairs and upkeep shall be borne by said Fire Department and payment shall be made from the consideration herein stated and the City shall be in no way liable for any amount other than the payment of the amounts herein set forth or any amounts negotiated under Article IV. 5.5 It is further agreed that the Fire Department shall carry Public Liability Insurance and Workers' Compensation Insurance for its personnel and on any of its equipment and the operators of such equipment, said insurance to provide a minimum of$500,000 primary and $1,000,000 excess coverage. All insurance policies purchased by the Fire Department shall include the City as an additional insured and shall contain a cancellation clause requiring thirty (30) days' written notice to be mailed to the City prior to such date of cancellation. A certificate of insurance shall be provided to the City indicating the types and amounts of insurance in force. (NEEDVERIFICATION,AS WELL AS A STATEMENT REFERENCING APPROPRIATE;AUTHORITY MADE AND INSERTED'.HERE ABOUT THE AUTHORITY-OF THE NON-PROFIT TO PERFORM BOLDING INSPECTION SERVICES) ED LANGUAGE ABOUT CITY APPOINTING BUILDING OFFICIAL AFTER THE FIREDEPARTMENT HIRES THEM) ARTICLE VI. DUTIES OF PARTIES 6.1 The Fire Department shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Agreement. 6.2 The Municipality shall have all reasonable and necessary cooperation and assistance from the Fire Department, its officers, agents, and employees, so as to facilitate the performance of this Agreement. ARTICLE VII. INDEMNIFICATION 7.1 The Municipality agrees to indemnify and hold harmless the Fire Department from any claims,losses,costs, expenses,or damagesinjuries;or;sickness resulting from the acts or omissions of the respective offices, agents, or employees, relating to the activities conducted by either party under this Agreement. ARTICLE VIII. ENFORCEMENT 8.1 If any claim, proceeding or action is brought by the City or the Fire Department to n:\users\canis\build.con Mounds View Building Inspector Contract-Draft 3-2/12/99 enforce the provisions of this Agreement, the prevailing party shall be entitled, in addition to costs of suit, to reasonable attorneys' fees incurred in connection with any such claim, proceeding or action and the same may be awarded by the court having jurisdiction of such claim, proceeding or action. ARTICLE IX. CHOICE OF LAW 9.1 The provisions of this Agreement shall be construed in accordance with the laws of the state of Minnesota. ARTICLE X. BENEFIT 10.1 This Agreement shall be binding upon and inure to the benefit of the successors of the City and the Fire Department. ARTICLE XI. TERMINATION 11.1 This Agreement may be terminated by either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. 112 This Agreement may be terminated for inadequate performance as determined by the CLty. ARTICLE XII. ENTIRE AGREEMENT 12.1 This Agreement contains the entire understanding between the City and the Fire Department concerning the subject matter hereof; and the provisions applicable thereto cannot be amended, altered, enlarged, supplemented, abridged, modified, extended, or waived except in writing duly signed by all the parties hereto. CITY OF MOUNDS VIEW SPRING LAKE PARK-BLAINE MOUNDS VIEW FIRE DEPARTMENT By By Dan Coughlin Its Mayor By N:\users\caris\build.con Mounds View Building Inspector Contract-Draft 3-2/12/99 Charles S. Whiting Its City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF • ) The foregoing instrument was acknowledged before me on this day of , 1999, by Dan Coughlin and Charles S. Whiting, the Mayor and City-Clerk-Administrator,respectively, of the City of Mounds View, a municipal corporation, on behalf of the municipal corporation. Notary Public N:\users\caris\build.con 5.Mounds View Building Inspector Contract-Draft 1-2/1/99 APPENDIX A BUILDING INSPECTOR POSITION DESCRIPTION Position Description: Perform comprehensive building, housing and fire inspections on residential, commercial and industrial properties to ensure compliance with existing city and state codes and policies governing new construction and existing structures. Essential Duties and Responsibilities: • Provides:a set number of hours per week in a specified time frame(to be decided upon-by the parties) whereupon the City of Mounds View can schedule inspections Provides a set;number of hours per week in a specified time-frame(to be decided upon by thhe parties)to be present in Mounds View City Hall for resident-walk-ins. • Provides guidance and assistance in all areas of building permit applications and reviews all submitted permits to ensure compliance with established state and local codes and ordinances. • Oversees and issues permits which are in compliance and provides assistance in identifying changes required in specifications to meet established codes. • Calculates building permit fees and ensure that all fees are assessed accordingly. • Conducts on-site comprehensive inspections to ensure compliance with existing codes including building, mechanical,plumbing, fire and housing. • Ensures all related paperwork is completed and full documentation is available for decisions related to the inspection process. • Provides concise code interpretations for those circumstances in which there is a difference of opinion of the specific intent of a specific code provision. • Assists with city, county, state, and federal programs by taking applications, performing inspections and completing paperwork necessary to provide eligibility for applicants. • Reviews contractor license applications for recommendation to the City Council. • Investigates citizen complaints related to the building,housing, and fire code activities of the City with the goal of resolving issues in the best interest of all concerned. Peripheral Duties: • Informs the Public Works and Community Development Director of any inspection related activities which require immediate attention or action. N:\users\caris\build.con 6.Mounds View Building Inspector Contract-Draft 1-2/1/99 • Consults with the City Attorney as required to review and assure proper legal requirements are being met in all building, housing, and fire code activities, or to initiate legal action to ensure code compliance. • Continually reviews existing code and ordinances for consistency in ease of enforcement and interpretation and recommend modifications wherever necessary. • Attends meetings as assigned or as requested when matters relate to responsibilities assigned. • Assumes other responsibilities as apparent or as delegated. Necessary Skills and Abilities: (A) Thorough knowledge of uniform building codes and electrical codes, plumbing codes, mechanical codes, general construction codes, and a thorough knowledge of carpentry. Considerable knowledge in electrical work, carpentry work, cement work, or plumbing, and skill in applying knowledge of national uniform building codes, zoning and land use applications. Knowledge of methods, materials, terminology and practices in general building construction. Knowledge of laws governing zoning and general building construction. (B) Ability to establish effective working relationships with contractors, developers, architects, engineers, owners, developers, the general public and city personnel. Ability to read and understand complicated plans and blueprints;Ability to communicate effectively orally and in writing; (C) A valid state driver's license, or ability to obtain one by start of employment. (D) One or more I.C.B.O certifications,including but not limited to plans examiner,combination inspector. Minnesota Building Official Class II Certification required. N:\users\caris\build.con 7.Mounds View Building Inspector Contract-Draft 1-2/1/99 City of Mounds View,— Staff Report To: Chuck Whiting, City Clerk-Administrator From: Bruce A. Kessel, finance Director Item Title/Subject: Furnishings for C ommunity Center Date of Report: February 10, 1999 The Park and Recreation Commission haas prepared a list of approximately$43,000 of additional items that were not previously identified that would assist in the operation of the Community Center. In addition, they are exploring v..hether cost estimates for the sand volleyball court and two half court basketball courts that were on the original plans are included in the amounts reserved in the construction budget for 1as idscaping. At the present time, it appears that the ac-ival costs for the Community Center will be within several thousand dollars of the construction budget including the associated contingency fund. When the Community Center bids were approved by the City Council, the Council was informed that if the bids were approved with the alternatives,that the total project including all associated costs would be approximately $6.2 milli :. Based upon the information presented at the February 1, 1999 work session, it appear that the total cost with the estimated costs for items not yet completed will be approximately $6.a 9 million. At your request, there are several funding options if the items are to be purchased: 1. TIF Funds. Based upon my under standing of TIF, most of the items on the list totaling $43,000 should be allowable TIF 4xpenditures if purchased in the near future. The most questionable items would be the is -en games at$5,000 and the TV/VCR/cart at$650. 2. Park Dedication Funds. At the encM_of 1998, the City has approximately $227,000 in Park Dedication Funds. It is my underssanding that the Park and Recreation Commission has discussed using these funds to pay— for some or all of the items on the list. 3. General Fund Reserves. The Genual Fund does not have restrictions which would prohibit using its reserves to purcIzase items on the list. However, since these items were not budgeted, if they are to be purchased, a budget amendment would be necessary. Using any of the above sources has vario._zs advantageous and drawbacks which relate more to the overall City policy for each of these funds. If you need any additional information, please let me know. • DATE: February 3, 1999 TO: Parks and Recreation Commission FROM: Terri Blattenbauer 5,/ MVCC Program Executive RE: Discussion from meeting 1/27/99 By your request I am providing a list of the items we discussed as a priority for completion of the gym at the Community Center. I believe an additional meeting is necessary to keep this project moving forward. Please let me know if you CANNOT attend a special Parks and Recreation Commission meeting on Wednesday,February 10, 6:30 pm at the Community Center. The list is as follows: * 4 additional baskets $13,000 * 2 additional baskets (6 new total) $9,000 * Wall padding under baskets $3,400 * Divider curtain $8,000 * Scoreboard $3,200 * Teen games (pool, air hockey etc.) $5,000 $1,000 from Dahlco * Refrigerator for Sr. Lounge $750 Possible donation * TV/VCR/cart $650 Can use banquet centers until they need them. TOTAL $43,000 * Landscape/sand VB, BB Rick mentioned this is a part of the C.C. development plans. I will get info. Message to Rick to attend Feb. regular mtg. There is $227,000 in the Park Dedication fund. I have the long term financial plan for projects that were prior determinations, along with rationale. I will share this with you at the meeting. Past P & R Commission minutes left at City Hall date only from 1996-97. I have nothing more current than that. Please refer back to your records for the established 5 year plan. I will continue to explore. This will be part of our discussion on the 10th. It is with great enthusiasm that I look forward to pursuing these projects. My numbers are at the Community Center (612)783-7834 or V-mail (612)717-4042. See you on the 10th! Community Center Construction summary 1996 1997 Estimated Land acquisition 1998 1999 to complete Total Land&building 764,590.00 0.00 Appraisal 1,550.00 764,590.00 Land Survey 2,250.00 . 1,550.00 Topography 1,185.00 2,250.00 Taxes&Assessments 1,185.00 Assessment 40,708.34 0. 40,708.34 2nd half property taxes 12,538.2929 Legal 12,538.29 • Kennedy&Graven 5,126.95 18,837.80 7,931.74 0.00 Briggs&Morgan 8,189.90 31,896.949 0 Community Partners 3,385.70 8,189.90 WAI 3,385.70 Preliminary 16,999.06 3,899.50 0.00 Construction 2,965.00 141,764.47 131,654.04 20,898.56 Interior 20,587.50 10,980.00 • 22,7 2,745.00 345.00 334,412.50 Project management 4,789.00 4,312.50 Site visits 3,900.00 4,789.00 Engineering 1,200.00 4,160.00 8,060.00 Project assessment 3,901.00 1,200.00 Revise drawings 11,045.50 3,518.50 3,901.00 Reimbursable • 13,236.73 7,890.66 14,564.00 Interest 41.90 259.91 21,127.39 Commonwealth 301.81 Contract-phase I 942 57204 0.00 Contract-phase II 2,793,521.56 942,572.04 Escrow service 500.00 1,000.00 676,369,87 3,469,891.43 Payoff on drywall installer 26,121.00 1,500.00 Financial consultant-Springsted 9,125.70 6,451.55 25,121.00 Community Survey 4,500.00 15,577 NSP 13,785.54 8,094.47 4,500.00 Election 4,495.00 21,880.01 SEH 276.18 12,868.65 4,495.00 13,144.00 American Eng 2,450.00 City salaries 423.79 2,450.00 Licences&Fees 423.79 Building permits 29,939.03 0.00 29,939.03 Inspection fees 273.75 368.91' Rice Creek fees 500.00 22,000.00 500.00 Legal notice publications 1 379.46 2,500.06 Relocate utility pole 2,954.00 1,379.46 Miscellaneous 1,744.58 1,448.07 32,,1192.65 0. Performance bonds 420.23 Keying of building • 1,098.14 420.23 Wiring for telecommunications 1,098.14 Bleachers 11,330.59 11,330.59 Phone 35,500.00 35,500.00 Furniture 5,000.00 5,000.00 Parking Lot 132,975.00 132,975.00 Irrigation&landscaping 26,000.00 26,000.00 Misc equipment 38,000.00 38,000.00 1,381.48 1,381.48 0.00 Subtotal 847,300.44 1,219,_968.79 3,078,680.98 0.000.00 944,783.22 6,090,733.43 847,300.44 1,218,088.92 3,078,680.98 1,218,088.92 EDA 1,879.87 1,879.87 1,219,_968.79 3,078,680.98 1,219.968.79 01/29/99 01:17 PM City of Mounds View Staff Report To: Honorable Mayor & members of the City Council From: Bruce A. Kessel, Finance Director Item Title/Subject: Agreements at Community Center Date of Report: February 12, 1999 Attached are the latest drafts for the caterers for food service and also liquor service. If you have any questions, concerns, etc. please let me know so that I can forward them on to Kennedy & Graven and the associated caterers. Kennedy& Graven are also working on the agreement with the YMCA. Hopefully, I will have a draft within the near future that I can forward to you for your review. Feb-08-98 03:40pm From-KENNEDY & GRAVEN +8123379310 T-201 P.01/11 F-556 KENNEDY & GRAVEN,CHARTERED 470 PILLSBURY CENTER MINNEAPOLIS,MN S5402 (612)337-9300 FAX#(612)337-9310 Date: February 8, 1999 Our File No,: MU205-4 TO: Bruce Kessel FAX#: 784-3462 FROM: Scott Riggs Direct Dial#: (612)337-9260 COMMENTS: Bruce: Please fund following the revised Catering Agreement—others to follow_ Please call to discuss. Scott Number of pages including cover sheet: 11 1f a problem arises,call Service Center at(612)337-9294 NOTICE OF CONFIDENTIAL INFORMATION: This fax contains confidential information which is legally privileged. The information is for the sole use of the intended recipient(s) listed above. Distribution or disclosure to any individuals not so listed is strictly prohibited. SJR-157895 MU2o5-s Feb-08-99 03:40pm From-KENNEDY & GRAVEN +8123379310 T-201 P.02/11 F-558 CATERING AND FOOD SERVICE AGREEMENT This Agreement("Agreement"), dated , 1999 is made between the CITY OF MOUNDS VIEW, a municipal corporation under the laws of Minnesota(hereinafter"City") and ELEGANT THYMES CATERING,a division of ROYAL FARE FOOD EMPORIUM, L.L.C. (hereinafter"ETC")to provide catering and food services at the Mounds View Community Center Banquet Facility(hereinafter"Facility"). RECITALS 1. The City is the owner of the Mounds View Community Center located at 5394 Edgewood Drive in the City of Mounds View. 2, ETC represents that it is a Minnesota corporation in good standing with the State of Minnesota and its agents,representatives, and employees have the necessary education. training, experience,certification, and licensing for purposes of providing catering services at the Facility. 3. The City desires to have and ETC agrees to provide the following services: a. Provide a selection of menus and:sasociated prices for events to be held at the Mounds View Community Center that require food; b. Meet with Facility staff and/or prospective clients to set menus and fees for the clients' particular event; c. Provide adequate staffing to meet the demand of the particular event at each and every food function; d. Meet all health regulations,city ordinances,state law,federal law and any other regulations,rules or requirements concerning food service. NOW THEREFORE,in consideration of the mutual covenants and promises contained in this Agreement,the City and ETC agree as follows: ARTICLE 1: DEFINITIONS OF TERMS USED IN AGREEMENT 1. Center-The gymnasium,lounge/senior center and meeting rooms A and B in the Mounds View Community Center. 2. City -The City of Mounds View, a municipal corporation under the laws of Minnesota. For purposes of reserving and using the Center and Facility and paying compensation under this Agreement, the term"City"shall also include any other individual or entity that the City may contract with to provide recreation prograrmmning for the City;the City will provide ETC with a written list of any such individuals)or entities and authorized events prior to them being included as a City use. SJR-1553s9 1 MU205-4 Feb-06-99 03:40pm From-KENNEDY & GRAVEN +6123379310 T-201 P.03/11 F-556 - 3. Carrununity Center-The entire Mounds ViewCommunity nd community educati n area.the ter and the Facility,as well as the kitchen,day care center 4. Elegant Thymes Catering(ETC)-Elegant Thymes Catering,a division of Royal Fare Food Emporium, L.L.C. 5. Facility-The banquet hall portion of the Mounds View Community Center. ARTICLE II:TERMS AND CONDITIONS OF AGREEMENT The initial term of this Agreement will be two(2)years,commencing on January 1, 1999 and continuing through December 31, 2000.This Agreement shall automatically renew annually thereafter under the same terms and conditions unless either party gives written notice of termination to the other party on or before September 30,2000 or on or before September in any subsequent year of any additional term of the Agreement; such termination may be made by either party without penalty or cause. ETC shall have the exclusive right to provide catering and food services at the Facility,except as follows: 1. If users are not using the food or catering services users notn provide their own beverages and deserts,however, they ill be allowed d to useanyof the equipment or supplies of ETC without the written consent of ETC.Any such user will be responsible for set up and clean up for their event. 2. Weekday daytime users of the lounge/senior center can prepare or have prepared by other sources, any food product,however, they will not be allowed to use any of the equipment or supplies of ETC without the written consent of ETC. Any such user will be responsible for set up and clean up for such event. 3. City sponsored recreation events in the lounge/senior center, lobby,meeting room or gymnasium can prepare or have prepared by other sources, any food product,however, they will not be allowed to use any of the equipment or supplies of ETC without the written consent of ETC. Any such user will be responsible for set up and clean up for such event. 4. The City is allowed to have vending sales from a source other than ETC in the lobby area of the Center. ARTICLE III; COMPENSATION ETC shall prepare an invoice for services to be provided for each event as soon as practicable after an event has been scheduled, and remit said invoice to the City. Said invoice shall be SA-155389 55384 2 MU2054 Fab-08-96 03:41pm From-KENNEDY i GRAVEN +6123376310 T-201 P.04/11 F-556 provided to the City at least one week prior to the date of the event.The City shall record the invoice in its records and collect the required deposit.The City shall also send an invoice and related statements for unpaid balances and inform ETC of any renter who has an unpaid balance prior to an event.ETC will not provide services for any event unless all amounts owed for such event are paid prior to said event,After the event,ETC will inform the City within two business days of any additional charges that are warranted from said event,at which time any such amounts will be invoiced and collected by the City. The City shall receive all payments from center and facility patrons for services provided. Advances/deposits will not be considered revenue until s ich time as the related event has charges Any c es for damages will not be considered revenue for purposes of calculating payments to ETC.Discounts and credit card processing fees as well as sales tax charges,will be considered deductions from revenues for purpOSes of calculating payments. Within three weeks of an event,the City will remit to ETC ninety-two and one-half(92.5) percent of the amount invoiced for services provided by ETC,less the deductions noted above, provided, however,that for any additional charges that are warranted and invoiced after the event,ETC's percentage of such amounts will not be paid until collected by the City. In addition, if any renter includes an additional amount above the amount invoiced as a tip or gratuity, such amount shall be remitted in its entirety(less any credit card processing fees)to ETC.The remaining seven and one-half(7.5)percent of the amount invoiced for services provided by ETC less the deductions noted above, shall be retained by the City as its administrative fee and processing fee. ARTICLE IV:DUTIES AND RESPONSIBILITIES The City and ETC recognize and acknowledge that the Mounds View Community Center has multiple tenants who share the use of some areas of the Center and agree to cooperate in effectively operating and maintaining such areas for the good of all the users of the Mounds View Community Center. A. ETC's Duties and Res nsihilities. ETC shall devote its best efforts on a contract basis to providing catering and food services and marketing such services shall provide quality service to customers. All servicesp by ETC,ETC's agents,a employees pursuant to this Agreement shall be provided by the company and such persons as an independent contractor and not as an employee of the City for any purpose,including but not limited to income tax withholding,workers' compensation,social security and Medicare taxes, liability for tons, and eligibility for employee benefits.In addition,ETC agrees to do the following: 1. Defend,indemnify and hold harmless the City,its elected officials, officers,employees, agents and representatives,from and against any and all claims,costs,losses,expenses, demands, actions or causes of action,including reasonable attorneys fees and other costs and expenses of litigation,which may:wise out of this Agreement for services provided by ETC hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City SJR-155389 3 MU205-a Feb-08-99 03:41pm From-KENNEDY 1 GRAVEN +6123379310 T-201 P.05/11 F-556 of any limitations on liability set forth in Minnesota Statutes,Chapter 466. 2. Data provided to ETC under this Agreement shall be administered in accordance with Minnesota Statutes,Chapter 13--The Minnesota Data Practices Act, and all data on individuals shall be maintained in accordance with statutory guidelines. 3. Provide all customary services provided by a caterer and food service provider,including, but not limited to,the following: a. Provide a selection of menus and prices for events held at the Center that require food. The prices and menus shall be agreed upon by the City; b. Meet with Facility staff and/or prospective clients to set menus and fees for the center patrons' particular event. c. Provide adequate staffing,including supervision,to the degree necessary of a particular event at every catering or food function. d. ETC agrees to meet all health regulations,city ordinances, state law, federal law and any other regulations,rules or requirements concerning food service. 4. Assist the City in promoting the catering and food service at Facility.Any expenses not previously agreed to by the City will be borne by ETC. 5. Maintain a price list or printed schedule of prices of all available food and catering services, which will be available during normal business hours of the Center. All prices shall be competitive with similar establishments within the service area. 6. Provide the personnel necessary to successfully operate and provide food and catering services at the Facility. ETC shall maintain an adequate level of staffing and supervision at all times in order to fulfill its obligations. ETC agrees to comply with all applicable federal, stare and local laws,resolutions,ordinances,rules,regulations and executive orders pertaining to unlawful discrimination on account of race,color,creed, religion, national origin, sex,marital status, disability, age,or status with regard to public assistance. ETC will insure that all its agents,.employees and representatives and agents have had training in sexual harassment,gender sensitivity and cultural diversity. 7. Provide appropriate identification of its agents,employees, and representatives during the performance of this Agreement. 8. Maintain workers' compensation insurance in compliance with all applicable statutes, and professional,automobile,contract, and general liability insurance in amounts and in forms satisfactory to the City as required by Article Vll of this Agreement.ETC agrees to provide the City with a copy of its Certification of Insurance for catering and copies of all appropriate licenses. 9. Clean the Facility and Center after a catering or food event. Such cleaning shall, at a minimum,remove the food and equipment used for the event in addition to any soiling caused by the catering or food service. s,a-1553139 4 Mtri05 4 Feb-08-99 03:42pm From-KENNEDY I GRAVEN +6123379310 T-201 P.06/11 F-556 10. ETC agrees to provide the following equipment to be located at the Facility: a. All linens,chipa,flatware,serving pieces,etc.necessary to provide catering services to groups of up to 350. b. An under sink dishwasher in the kitchen area. c. Coffee brewing equipment. Upon mutual written consent of both ETC and the City,the City may enter into a lease arrangement for any of the items noted above,and ETC will reimburse the City for the cost of any such lease within ten business days from the earlier of the date the City receives an invoice or is required to make payment on any such lease. 11- Operate and provide the catering and food services in accordance with all federal, state, and local laws,regulations,ordinances, and City policies. ETC will obtain all permits, licenses, and certifications necessary to enzure compliance with all federal, state and local laws,regulations and ordinances. 12. Affirms,that to the best of its knowledge, its involvement in this Agreement does not result in a conflict of interest with any party or entity, which may be affected by the terms of this Agreement. ETC agrees that, should any conflict or potential conflict of interest become known,ETC will immediately notify the City of the conflict or potential conflict. B. The City's Dudes and Responsibilities. The City agrees to provide the resources to maintain the Facility and associated equipment. In addition,the City agrees to do the following: 1. Maintain liability insurance in accordance with limits established by Minnesota statutes. 2. Provide and maintain the following equipment at the Facility for use by ETC: a. Ice machine; b. Refrigerator; c, Designated area for storage of linens,china, flatware,serving pieces,etc.; and d. Kitchen facilities as they presently exist at the facility. 3. Provide access for events to ETC for the following: a. Banquet room, kitchen, and storage area; b. Tables and chairs. 4. Ensure that the Facility is cleaned and set up for the event. 5. Provide general custodial services and maintenance for the Facility,other than the service required to be provided by ETC in Article III,Section 9,and agree to keep the Facility and related equipment in good repair. SIR-155389 5 MU2Ui-4 Feb-08-99 03:43pm From-KENNEDY & GRAVEN +6123379310 T-201 P.07/11 F-556 ' • ARTICLE V:TERMINATION If ETC fails to perform any of the terms,conditions, or requirements of this Agreement,the City will give ETC thirty (30) day's written notice of such o�orrect the problem,lure. After except that the City, of the written notice of such failure,ETC will have up to thirty (30)dayst at its sole discretion,may in any case take immediate steps at ETC's expense to correct a problem in order to protect the health, safety and weC°s rif gCity and the public ht to rior If ETC fails to the end of the thirty(30)day period without affecting they to terminate ETC to correct the problem related to the performance of any of the terms,conditions or requirements of this Agreement within the aforesaid thirty(30) day period for such provision,the City may terminate the Agreement by giving ETC thirty(30) day's written notice of such termination. If the City fails to perform any of the terms,conditions or requirements of this Agreement,ETC will give the City thirty(30) day's written notice of such failure. After receipt of the written notice,the City will have thirty (30) days to correct the problem,except that ETC may in any case take immediate steps at the City's expense to correct the e end of the thirty(30) daytect the period health, safety and welfare of ETC and the public prior without affecting ETC's right to terminate the Agreement. If the City fails to correct the problem within that thirty(30)day period,ETC may terminate the Agreement by giving the City thirty (30) days' written notice of such termination. ETC may also terminate this Agreement for any reason by providing 60 days written notice of its intent to terminate said Agreement,provided,however,that ETC waives any interest rorr g t deo compensation for catering or food events for the sixty(60) day period immediately po date it provides such notice. For any compensation already paid to ETC for the sixty (60)day period immediately prior to the date it provides such nonce,ETC will include a certified check payable to the City with its written notice of its intent to ternunate this Agreement under the terms of this paragraph. ARTICLE VI: OTHER PROVISIONS 1. Addresses and Notices. Any notice permitted or required to be given under this Agreement must be in writing and shall be deemed to have been given if sent by certified mail,postage prepaid, addressed as follows: To the City: City Clerk-Administrator City of Mounds View 2401 Highway 10 Mounds View,MN 55112 To ETC: Elegant Thymes Catering a division of Royal Fare food Emporium,L.L.C. 5516 46th Avenue South Minneapolis,MN 55417 9JR-155389 6 MUJ205-4 Fib-06-99 03:43pm From-KENNEDY t GRAVEN +6123379310 T-201 P.06/11 F-556 If either party has a change of address,that party must give written notice tof a her party of such change as provided herein. Any party failing to providenotice ange of address shall be deemed to have received any notice sent as provided above. 2. Amendment, This Agreement may be modified or amended only upon the written consent of ETC and the City. 3. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective unless upon the written consent of ETC and the City.. 4. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 5. Choice of Law and Venue;, This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes,controversies,or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota,and all parties to this Agreement waive any objection to the jurisdiction of these courts,whether based upon convenience or otherwise. 6. Construction. In the event that any one or more of the provisions of this Agreement,or any application thereof, shall be found to be invalid,illegal or otherwise unenforceable, the validity,legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby. 7. Entire Atreement. This Agreement,any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and ETC,and supersedes any other written or oral agreements between and City and ETC. 8. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. 9. Waiver. No failure by any party to insist upon the strict performance of any covenant, duty,agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach[hereof�sh ll onditiotitute a waiver ofnor does it imply that such covenant,y such breach of anany other covenant,agreement,term, agreement,terra or condition may be waived again. 10. Work Product. All records, information,materials and other work products prepared and developed in connection with the provision of services hereunder shall become the exclusive and confidential property of the City. No such products shall be made available to any other individual or organization by ETC without the prior written approval of the City. Sig-i$5389 7 MU2U5.4 Feb-08-98 03:43pm From-KENNEDY 1 GRAVEN +6123370310 T-201 P.00/11 F-556 • 11. Mutual Renegotiation. This Agreement may be renegotiated renegotiations of this Agreement ETC upon mutual consent of both of the parties. Any such mutual g must be reduced to writing as either an amendment to this Agreement or as an entirely new agreement. TC 12. Understandin and Intent of the Parties as to this A eement.The Citytate a MEnz ora, acknowledge that the City was the recipient of an end grant from the acting through its Commissioner of Children,Families and Learning,to be utilized for a portion of the renovation of the Community Center.to. The City and dn forth ETC iratend a of and have found that this Agreement is for the purposes ofpromoting that this Agreement is e public health, safety and welfare of the City, and thereby represent not intended to constitute a"Use Agreement" as that term is used by Minnesota Statutes, section 16A.695. Notwithstanding anything to the foregoing,the City does not make any representation or warranty concerning administrative or judicial interpretation of,or the applicability or lack thereof of Minnesota Statutes, section 16A.695 to this Agreement. ETC hereby waives any claim for any damages or other relief against the City,and its officers, agents, and employees, arising from an action, ofcessful or not, and Min�to Statutes, regardless by whom initiated,brought regardingapplicability section 16A.695. To the extent that Minnesota Stautes,, section 16A.695 should be found to be applicable to this Agreement,by the State or a court of competent jurisdiction, such that it constitutes a Use Agreement,ETC and the City agree as follows: the City and ETC shall amend the agreement accordingly to conform to statutory requirements and shall file any reports required by Minnesota Statutes, Section 16A.695, with the appropriate department of the state of Minnesota. Further,the parties agree to undertake any and all actions to bring this Agreement into compliance with any other provision of requirement of law. ARTICLE VII: PERFORMANCE BOND AND INSURANCE PROVISIONS A. Performance Bond. The City reserves the right to require,in itsCity i discretion, tat ETCt osta bond,�d, certificate of deposit, or other similar instrument approvedby from BTUs non rfotxnance of reasonably deems to be adequate compensation for damages resulting pe its obligations under this Agreement. B. Insurance. ETC will maintain in full force and effect, at its own cost and expense during the term of the this Agreement the following insurance coverage: 1. Commercial General Liability Insurance with limits of: $2,000,000 each occurrence; $3,000,000 general aggregate. injury and Including coverage for products--completed operations and personal advertising liability. SIR-i$5389 S MT.J205-4 Feb-06-00 03:44pm From-KENNEDY ri GRAVEN +6123376310 T-201 P.10/11 F-556 This policy shall contain an endorsement adding the City of Mounds View as an additional insured. 2. Business Auto with combined single limit of$1,000,000. 3. Standard Workers Compensation and Employers Liability with limits of: Bodily Injury by Accident$500,00 each accident; Bodily Injury by Disease$500,000 each employee; Bodily Injury by Disease $500,000 policy limit. 4. The City of Mounds View shall be provided with a certificate of insurance for all of the policies maintained pursuant to this Agreement that shall show the described coverage including the additional insured endorsement, and the certificate shall provide 60 days nonce to the City of Mounds View in the event of cancellation or non-renewal. All required insurance shall be with a company acceptable to the City. SIR-155389 9 Minos-4 Fub-08-99 03:44pm From-KENNEDY & GRAVEN +6123379310 T-201 P.11/11 F-556 IN WITNESS WHEREOF,City and ETC have executed this Agreement the day and year first above written. CITY OF MOUNDS VIEW By: Dan Coughlin, Its: Mayor By: Charles S.Whiting Its City Clerk-Administrator ELEGANT THYMES CATERING By: Its: a division of ROYAL FARE FOOD EMPORIUM,L.L.C. Its: Approved as to form and content; By: City Attorney S,I K-155389 10 M1J205-4 Feb-12-90 12:50pm From-KENNEDY A GRAVEN +5123379310 1-384 P.01/11 F-857 KENNEDY & GRAVEN,CHARTERED 470 PILLSBURY CENTER MINNEAPOLIS,MN 55402 (612)337-9300 FAX#(612)337-9310 Date: February 12, 1999 Our File No.: MU205-4 TO: Bruce Kessel FAX#: 784-3462 FROM: Scott Riggs Direct Dial#: (612)337-9260 COMMENTS: Bruce: Please find following the REVISED Liquor Catering Service Agreement. Please note that I have made the change you noted as to how the compensation is to be determined and paid to the liquor caterer, as well as the insurance modifications provided by Chuck Clysdale(p.4 i8,p. 8-9, Art. 8.1 &2.). I have also added a sentence to p.7, 16 as to the amendment of the Agreement to comply with applicable law. There are a few areas that I still need to discuss with you regarding the draft: 1)on page 2 -- any limitations to the exclusive right? —(e.g. city sponsored events); 2) on page 6—I am still not sure of the meaning nor the effect of the last paragraph of Article V, please advise. After discussing these items with you,the Agreement should be ready to go. Please review and give me a call to discuss. Scott Number of pages including cover sheet: 11 If a problem arises,call Service Center at(612)337-9294 NOTICE OF CONFIDENTIAL INFORMATION: This fax contains confidential information which is legally privileged. The information is for the sole use of the intended recipient(s) listed above. Distribution or disclosure to any individuals not so listed is strictly prohibited. SIR-158154 MU2OS-4 Feb-12-99 12:50pm From-KENNEDY & GRAVEN +8123379310 1-384 P.02/11 F-857 LIQUOR CATERING SERVICE AGREEMENT This Agreement ("Agreement"),dated , 1999 is made between the CITY OF MOUNDS VIEW, a municipal corporation under the laws of Minnesota(hereinafter"City") and ROBERT H. WASTE(d/b/a Robert's Off 10,located at 2400 County Road H2, Mounds View,MN 55112) thereinafter"Waste")to provide liquor catering services at the Mounds View Community Center Banquet Facility (hereinafter"Facility"). RECITALS 1. The City is the owner of the Mounds View Community Center located at 5394 Edgewood Drive in the City of Mounds View. 2. Waste represents that he is a person in good standing with the State of Minnesota and that he and his agents,representatives. and employees have the necessary education,training, experience, certification,and licensing for purposes of providing liquor catering services at the Facility. 3. The City desires to have and Waste agrees to provide the following services: a. Provide a selection of options with associated prices for events to be held at the Mounds View Community Center that require intoxicating and/or 3,2 percent malt liquor; b. Meet with Facility staff and/or prospective dlientS to set options and fees for the clients' particular event; c. Provide adequate staffing to meet the demand of the particular event at each and every function requesting liquor catering services; d. Meet all health regulations,city ordinance, state law, federal law and any other regulations,rules or requirements concerning liquor catering services. NOW THEREFORE,in consideration of the mutual covenants and promises contained in this Agreement, the City and Waste agree as follows: ARTICLE I:DEFINITIONS OF TERMS USED IN AGREEMENT 1. Center-The gymnasium,lounge/senior center and meeting rooms A and B in the Mounds View Community Center. 2. City-The City of Mounds View,a municipal corporation under the laws of Minnesota. For purposes of reserving and using the Center and Facility and paying compensation under this Agreement,the term"City"shall also include any other individual or entity that the City may contract with to provide recreation programming for the City; the City will provide Waste with a written list of any such individual(s) or entities and authorized events prior to them being included as a City use. SJR-I56945 1 MU205.4 Feb-12-99 12:51pm From-KENNEDY & GRAVEN +6123379310 T-384 P.03/11 F-857 3. Community Center-The entire Mounds View Community Center,including the Center and the Facility,as well as the kitchen,day care center and community education area. 4. Facility -The banquet hall portion of the Mounds View Community Center. 5. Liquor—Intoxicating and/or 3.2 percent malt liquor,as defined by state statutes. 6. Waste—Robert H. Waste, d/b/a.Robert's Off 10. ARTICLE II:TERMS AND CONDITIONS OF AGREEMENT The initial term of this Agreement will be two(2) years,commencing on January 1, 1999 and continuing through December 31,2000.This Agreement shall automatically renew annually thereafter under the same terms and conditions unless either party gives written notice of termination to the other party on or before September 30,2000 or on or before September 30th in any subscquenr year of any additional term of the Agreement; such termination may be made by either party without penalty or cause. Waste shill have the exclusive right to provide liquor catering services at the Facility,except as follows: [NOTE ANY LIMITATIONS?) ARTICLE iii: COMPENSATION Renters using liquor catering services shall be allowed to choose from three types of service: 1. Host bar whereby the renter will pay for all drinks for a period of time or will purchase tickets which will be distributed and used to purchase drinks; 2. Cash bar whereby all drinks will need to be purchased with cash; and 3. Combination bar utilizing both option one and two above. When an event will have a host bar,Waste shall prepare an invoice for services to be provided for each event as soon as practicable after an event has been scheduled,and remit said invoice to the City. Said invoice shall be provided to the City at least one week prior to the date of the event. The City shall record the invoice in its records and collect the required deposit.The City shall also send an invoice and related statements for unpaid balances and inform Waste of any renter who has an unpaid balance prior to an event. Waste will not provide services for any event unless all amounts owed for such event are paid prior to said event- After the event,Waste will inform the City within two business days of any additional charges that are warranted from said event, at which time any such amounts will be invoiced and collected by the City. When an event will have a cash bar,Waste shall provide cash register(s)to record all sales. At the end of the day or event,Waste shall remit all amounts received from the event in addition to all cash register tapes to the City. SIR-156945 2 WJ205-* Feb-12-99 12:51pm From-KENNEDY GRAVEN +6123379310 T-384 P.04/11 F-857 The City shall receive all payments from center and facility patrons for services provided. Advances/deposits will not be considered revenue until such time as the related event has occurred. Any charges for damages will not be considered revenue for purposes of calculating payments to Waste. Discounts and credit card processing fees as well as sales tax charges, will be considered deductions from revenues for purposes of calculating payments. Within three weeks of an event,the City shall remit to Waste ninety (90)percent of the amount invoiced for services provided by Waste,less the deductions noted above,provided, however, that for any additional charges that are warranted and invoiced after the event, Waste's percentage of such amounts will not be paid until collected by the City. In addition, if any renter includes an additional amount above the amount invoiced as a up or gratuity, such amount shall be remitted in its entirety (less any credit card processing fees)to Waste.The remaining ten(10) percent of the amount invoiced for services provided by Waste less the deductions noted above, shall be retained by the City as its administrative fee and processing fee. ARTICLE IV: DITTIES AND RESPONSIBILITIES The City and Waste recognize and acknowledge that the Mounds View Community Center has multiple tenants who share the use of some areas of the Center and agree to cooperate in effectively operating and maintaining such areas for the good of all the users of the Mounds View Community Center. A. Waste's Duties and Responsibilities. Waste shall devote its best efforts on a contract basis to providing liquor catering services and marketing such services at the Facility. Waste shall provide quality service to customers. AU services provided by Waste,Waste's officers, agents, and employees pursuant to this Agreement shall be provided by Waste and such persons as an independent contractor and nor as an employee of the City for any purpose,including but not limited to income tax withholding,workers' compensation, social security and Medicare taxes,liability for torts, and eligibility for employee benefits. In addition, Waste agrees to do the following: 1. Defend, indemnify and hold harmless the City,its elected officials, officers,employees, agents and representatives, from and against any and all claims,costs,losses,expenses, demands,actions or causes of action,including reasonable attorneys fees and other costs and expenses of litigation,which may arise out of this Agreement for services provided by Waste hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes,Chapter 466. 2. Data provided to Waste under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13—The Minnesota Government Data Practices Act, and all data on individuals shall be maintained in accordance with statutory guidelines. 3. Provide all customary services provided by a liquor catering service provider, including, but not limited to,the following: SJR-156;45 3 Mt12o5.4 Feb-12-99 12:52pm From-KENNEDY A GRAVEN +6123379310 T-384 P.05/11 F-857 a. Provide a selection of options and prices for events held at the Center that require liquor. The prices and options shall be agreed upon by the City. b. Meet with Facility staff and/or prospective clients to set option and fees for the center patrons' particular event. c. Provide adequate staffing,including supervision, to the degree necessary of a particular event at every liquor catering function. d. Provide all glasses,cups or other supplies for serving liquor,in addition to providing bar rags,etc. e. Waste agrees to meet all health regulations, city ordinances,state law, federal law and any other regulations,rules or requirements concerning liquor catering services. 4. Assist the City in promoting the liquor catering service at the Facility.Any expenses not previously agreed to by the City will be borne by Waste. S. Maintain a price list or printed schedule of prices of all liquor catering services,which will be available during normal business hours of the Center. AU prices shall be competitive with similar establishments within the service area. 6. Provide the personnel necessary to successfully operate and provide liquor catering services at the Facility. Waste shall maintain an adequate level of staffing and supervision at all times in order to fulfill its obligations. Personnel shall wear a uniform or other attire that is appropriate for each event. Waste agrees to comply with all applicable federal, state and local laws,resolutions, ordinances,rules,regulations and executive orders pertaining to unlawful discnmination on account of race,color,creed, religion,national origin,sex,marital status,disability,age, or status with regard to public assistance.Waste will insure that all its agents,employees and representatives have had training in sexual harassment, gender sensitivity and cultural diversity. 7. Provide appropriate identification of its agents,employees, and representatives during the performance of this Agreement. 8. Maintain workers' compensation insurance in compliance with all applicable statutes, and commercial general liability,business auto and liquor liability insurance in amounts and in forms satisfactory to the City as required by Article VII of this Agreement. Waste agrees to provide the City with a copy of its Certificate(s)of Insurance and copies of all required licenses. 9. Clean the Facility and Center after a liquor catering event. Such cleaning shall, at a minimum,remove the glasses,cans and other utensils used to dispense the liquor used for the event in addition to any soiling caused by the liquor service. After an event, all trash receptacles shall be emptied the in the bins outside the Facility. 10. Waste agrees to provide the following equipment to be located at the Facility: a. Locked storage cabinets for liquor. SIR-156945 4 MU205-4 Feb-12-98 12:52pm From-KENNEDY & GRAVEN +8123379310 T-384 P.08/11 F-857 b. Utensils,etc. necessary for the performance of any liquor catering service. Upon mutual written consent of both Waste and the City,the City may enter into a lease arrangement for any of the items noted above, and Waste will reimburse the City for the cost of any such lease within ten business days from the earlier of the date the City receives an invoice or is required to make payment on any such lease. In addition, Waste shall provide any ice required in excess of that generated by the City's equipment or on a temporary basis if the City's equipment is out of service. 11. Use only Coca-Cola Products provided by Midwest Coca-Cola Bottling Company for set- ups/mixing with liquor. 12. Operate and provide the liquor catering services in accordance with all federal, state, and local laws,regulations,ordinances,and City policies. Waste will obtain all permits, licence~, and certifications necessary to ensure compliance with all federal, state and local laws,regulations and ordinances. 1.3. Affirms,that to the best of its knowledge,its involvement in this Agreement does not result in a conflict of interest with any party or entity,which may be affected by the terms of this Agreement. Waste agrees that,should any conflict or potential conflict of interest become known, Waste will immediately notify the City of the conflict or potential conflict. B. The City's Duties and Responsibilities. The City agrees to provide the resources to maintain the Facility and associated equipment. In addition,the City agrees to do the following: 1. Maintain liability insurance in accordance with limits established by Minnesota statutes. 2. Provide and maintain the following equipment atihe Facility for use by Waste: a. Ice machine; b. Refrigerator; c. Designated area for storage of liquor; and d. Two portable bars. 3. Provide access for events to Waste for the following: a. Banquet room,kitchen,and storage area: and b. Portable bars. 4. Ensure that the Facility is cleaned and set up for the event. 5. Provide general custodial services and maintenance for the Facility,other than the service required to be provided by Waste in Article W. Section 9, and agree to keep the Facility and related equipment in good repair. SJR-156945 5 MU20544 Feb-12-99 12:53pm From-KENNEDY i GRAVEN +6123379310 T-384 P.OT/11 F-857 ARTICLE V: TERMINATION If Waste fails to perform any of the terms,conditions,or requirements of this Agreement,the City will give Waste thirty(30)days written notice of such failure. After receipt of the written notice of such failure,Waste will have up to thirty(30) days to correct the problem,except that the City, at its sole discretion, may in any case take immediate steps at Waste's expense to correct a problem in order to protect the health, safety and welfare of the City and the public prior to the end of the thirty(30)day period without affecting the City's right to terminate Waste. If Waste fails to correct the problem related to the performance of any of the terms,conditions or requirements of this Agreement within the aforesaid thirty(30) day period for such provision,the City may terminate the Agreement by giving Waste thirty(30)days written notice of such termination. if the City fails to perform any of the terms,conditions or requirements of this Agreement, Waste will give the City thirty(30)days written notice of such failure. After receipt of the written notice,the City will have thirty(30) days to correct the problem,except that Waste may in any case take immediate steps at the City's expense to correct the problem in order to protect the health,safety and welfare of Waste and the public prior to the end of the thirty (30)day period without affecting Waste's right to terminate the Agreement. if the City fails to correct the problem within that thirty(30)day period,Waste may terminate the Agreement by giving the City thirty (30)days written notice of such termination. Waste may also terminate this Agreement for any reason by providing 60 days written notice of its intent to terminate said Agreement,provided,however,that Waste waives any interest or right to compensation for liquor catering events for the sixty(60)day period immediately prior to the date it provides such notice. For any compensation already paid to Waste for the sixty(60)day period immediately prior to the date it provides such notice, Waste will include a certified check payable to the City with its written notice of its intent to terminate this Agreement under the terms of this paragraph. ARTICLE VI: OTHER PROVISIONS 1. Addresses and Notices. Any notice permitted or required to be given under this Agreement must be in writing and shall be deemed to have been given if sent by certified mail,postage prepaid, addressed as follows: To the City: City Clerk-Administrator City of Mounds View 2401 Highway 10 Mounds View,MN 55112 To Waste: Robert H.Waste d/b/a Robert's Off 10 2400 County Road H2 Mounds View,MN 55112 SJR-156445 6 MtJ2OS4 Fob-12-99 12:53pm From-KENNEDY & GRAVEN +6123379310 T-384 P.08/11 F-857 If either party has a change of address,that party must give written notice to the other party of such change as provided herein. Any party failing to provide.notice of a change of address shall be deemed to have received any notice sent as provided above. 2. Amendment. This Agreement may be modified or amended only upon the written consent of Waste and the City. 3. Assignment This Agreement shall be binding upon and inure to the benefit of the parties. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective unless upon the written consent of Waste and the City. 4. Authority. tach of the undersigned parties warrants it has the full authority to execute this Agreement. S. Choice of Law and Venue, This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes,controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based upon convenience or otherwise. 6. Construction; Modification. In the event that any one or more of the provisions of this Agreement,or any applicationrthereof, shall be found to be invalid, illegal or otherwise unenforceable,the validity,legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby.The parties agree that should this Agreement be found to be contrary to any applicable law or regulation by a court or agency with proper jurisdiction,the Agreement shall be amended and d modified by the parties to comply with the applicable law or regulation. 7. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and Waste, and supersedes any other written or oral agreements between and City and Waste. 8. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. 9. Waiver. No failure by any party to insist upon the strict performance of any covenant, duty,agreement,or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement,term, or condition,nor does it imply that such covenant, agreement,term or condition may be waived again. 10. Work Product. All records,information,materials and other work products prepared and developed in connection with the provision of services hereunder shall become the SJR-156945 7 MU205-4 Feb-12-98 12:54pm From-KENNEDY & GRAVEN +8123379310 T-384 P.09/11 F-857 exclusive and confidential property of the City. No such products shall be made available to any other individual or organization by Waste without the prior written approval of the City. 11. Mutual Renegotiation. This Agreement may be renegotiated by the City and Waste upon mutual consent of both of the parties. Any such mutual renegotiations of this Agreement must be reduced to writing as either an amendment to this Agreement or as an entirely new agreement. 12. Understandin. and Intent of the Parties as to thi A_regiment.The City and Waste acknowledge that the City was the recipient of an end grant from the State of Minnesota, acting through its Commissioner of Children,Families and Learning,to be utilized for a portion of the renovation of the Community Center. The City and Waste intend and have found that this Agreement is for the purposes of promoting and in furtherance of the public health, safety and welfare of the City,and thereby represent that this Agreement is not intended to constitute a"Use Agreement" as that term is used by Minnesota Statutes, section 16A.695. Notwithstanding anything to the foregoing,the City does not make any representation or warranty concerning administrative or judicial interpretation of, or the applicability or lack thereof of,Minnesota Statutes,section 16A.695 to this Agreement. Waste hereby waives any claim for any damages or other relief against the City, and its officers, agents,and employees,arising from an action, whether successful or not, and regardless by whom initiated,brought regarding the applicability of Minnesota Statutes, section 16A.695. To the extent that Minnesota Statutes, section 16A.695 should be found to be applicable to this Agreement,by the State or a court of competent jurisdiction, such that it constitutes a Use Agreement,Waste and the City agree as follows: the City and Waste shall amend the agreement accordingly to conform to statutory requirements and shall file any reports required by Minnesota Statutes, Section 16A.695,with the appropriate department of the state of Minnesota. Further,the parties agree to undertake any and all actions to bring this Agreement into compliance with any other provision of requirement of law. ARTICLE VII: PERFORMANCE BOND AND INSURANCE PROVISIONS A. Performance Bond. The City reserves the right to require,in its discretion,that Waste post a bond, certificate of deposit, or other similar instrument approved by the City in an amount as the City reasonably deems to be adequate compensation for damages resulting from Waste's nonperformance of its obligations under this Agreement. B. Insurance. Waste will maintain in full force and effect, at its own cost and expense during the term of the this Agreement the following insurance coverage: 1. Commercial General Liability Insurance with limits as follows: $1,000,000 each occurrence; silt-156945 8 MU305.4 Feb-12-99 12:54pm From-KENNEDY & GRAVEN +6123378310 T-384 P.10/11 F-867 $2,000,000 general aggregate. Including coverage for products—completed operations and personal injury and advertising liability. This policy shall contain an endorsement adding the City of Mounds View as an additional insured. 2. Liquor Liability Insurance with limits as follows: $1,000,000 bodily injury each person; $1,000,000 each common cause; $1,000,000 property damage each common cause; $1,000,000 loss of means of support; $1,000,000 each common cause; and $1,000,000 annual aggregate. This policy shall contain an endorsement adding the City of Mounds View as an additional insured. 3. Business Auto with combined single limit of$1,000,000. 4. Commercial Umbrella Insurance with a policy aggregate Iimit of$3,000,000. 5. Standard Workers Compensation and Employers Liability with limits of: Bodily Injury by Accident$500,00 each accident; Bodily Injury by Disease$500,000 each employee; Bodily Injury by.Disease$500,000 policy limit. 6, The City of Mounds View shall be provided with a certificate of insurance for all of the policies maintained pursuant to this Agreement that shall show the described coverage including the additional insured endorsement, and the certificate shall provide 60 days notice to the City of Mounds View in the event of cancellation or non-renewal. • All required insurance shall be with a company acceptable to the City. SJR-15e945 9 MU205-3 z•; Feb-12-99 12:55pm From-KENNEDY & GRAVEN +6123379310 T-384 P.11/11 F-857 IN WITNESS WHEREOF,the City and Waste have executed this Agreement the day and year fust above written. CITY OF MOUNDS VIEW By: Dan Coughlin, Its: Mayor By: Charles S.Whiting Its Clerk-Administrator ROBERT H.WASTE, d/b/a ROBERT'S OFF 10 By: Robert H.Waste Approved as to form and content: By: City Attorney SJR-156945 10 MU2QS-4 CITIZEN INPUT NEEDED citizen input on what to do with a piece of land which will be left over when the City realigns Edgewood Drive between Bronson Drive and Highway 10 this spring. Developers have Bronson BrAre expressed interest in purchasing the property Cly -- from the City as well as the adjacent privately Hall • Community =� Center ,„ �= owned Midland Videen property to construct retail commercial or office buildings. The City lig== Council would like to know what, if anything, Rem mCftp and ;a00, _ ProPe PrOPettk � '_ Mounds View residents think should be done ry with the city-owned land. Please complete the yg \ survey on the bottom of the page and return it to Theater Sitedyro , , = the City. Your input is important! Illos ' ��� County Road f2 Please answer the following and/or provide any u I I N additional comments you have. The City should: COMMENTS: Do nothing. The site should be left as open space. Keep the property and use it as a storm water holding pond to help solve existing storm water problems. Keep the property and use it for a different public use. Please specify use: Sell the property to the highest bidder. Sell the property for Retail Commercial development(drug store, restaurant, Please fill out this form and phone,mail,fax,or coffee shop, hardware store, video email results to: store,etc.) Rick Jopke _ Sell the property for Office development Community Development Director (insurance agency, medical clinic, 2401 Highway 10 lawyers office,mortgage company,etc.). Mounds View, MN 55112 612-717-4021 Sell the property for a different use. 612-784-3462 (fax) Please specify use: rickj@rcmnet.org (email) Thank you! Item No. Type of Business: WK WK: Work Session;PH: Public Hearing; CA: Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Resolution 5313 - Chief Tim Ramach'r's Severance Package Date of Report: February 11, 1999 After 28 years of service to the City of Mounds View, Chief Tim Ramacher has announced his retirement. The attached resolution outlines the severance package he is entitled to,which consists of the following: Vacation - The employee will be compensated for 100% of accrued vacation and compensatory time upon separation provided the employee has a minimum of six months continuous employment as a regular employee with the City of Mounds View. (Section 4.35 - Separation Compensation) Sick Leave - Severance pay shall be granted in the amount of fifty percent(50%) of unused sick leave to employees who have completed ten years of service. Maximum accumulation of sick leave is 120 days. Additional banked sick leave hours will not be computed in severance pay. Under their negotiated union contracts, Patrol officers and Sergeants have an additional option of using 65% of their accumulated sick leave towards fiieir insurance premium for as long as the funds are available until the retiree's 65th birthday. (Section 23 of the 1998 L.E.L.S. contract)' Although, Chief Ramacher is not a member of the Union, he would like to utilize this provision in his severance package. Staff Recommendation: Resolution 5313 will be on the February 22 City Council meeting for your approval. 1 Article 23-Severance Pay 23.1 Severance pay shall be granted in the amount of fifty percent(50%)of unused sick leave to employees who have completed ten years of service. Upon the death of the employee,the beneficiary of the employee shall be paid the benefit. 23.2 Employees who have completed ten years of service and retire may elect,in lieu of severance pay as provided in Section 23.1,to have the employer use sixty five percent(65%)of the employee's accumulated and banked sick leave for the retiree's group insurance premium for as long as the funds are available up to the retiree's 65th birthday. RESOLUTION NO. 5313 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE SEVERANCE PACKAGE OF TIM RAMACHER WHEREAS, Tim Ramacher has completed 28 years of dedicated service to the City of Mounds View; and WHEREAS,he has elected to retire effective March 31, 1999; and WHEREAS,he is entitled to the following severance benefits upon retirement: • 100 % of accumulated vacation and compensatory time accumulated(Personnel Code Section 4.35 - Separation Compensation); • 65% of accumulated and banked sick leave for the retiree's group insurance premium for as long as the funds are available up to the retiree's 65th birthday (Section 23 - 1998 L.E.L.S. Contract); NOW, THEREFORE,BE IT RESOLVED the City Council hereby approves the aforementioned provisions for Tim Ramacher's severance package and expresses their sincere appreciation for his 28 years of dedicated service to the City of Mounds View. Adopted this 22nd day of February, 1999 ATTEST: Mayor Dan Coughlin (SEAL) City Administrator Charles S. Whiting N:\USERS\CARIS\BACKUPU.YNNETTE\PERSONNE\RAMACHER.WPD-2 Item No._ Staff Report No. Meeting Date: February 16, 1999 Type of Business: W.K. WK: Work Session;PH.'Public Hearing; CA: Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Woodcrest Park Wetland Renovation and Mitigation Project Date of Report: February 10, 1999 The Community Center parking lot expansion to include the removal of the existing wetland, prompted a mitigation project within the City. The previous City Council authorized Woodcrest Park as the mitigation site. Staff will present the plans for the mitigation at the work session. Staff will recommend that a public hearing be scheduled to inform the residents of the project. This project has received preliminary approval of the agencies involved. This project is scheduled to proceed this summer with completion by early fall. The permit issued for the mitigation has a completion deadline of one year which will expire • approximately in November of 1999. Mic.ael Ulrich, Director of Public Works Item No. /If Staff Report No. • Meeting Date: February 16, 1999 Type of Business: W.K. WK: Work Session;PH.•Public Hearing; CA: Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Resolution of Participation for Traffic Signal Date of Report: February 10, 1999 It appears that the traffic signal at the intersection of Pleasantview Drive and TH10 will proceed in 1999. Anoka County is the lead agency in this project, with Spring Lake Park, MnDot and Mounds View also contributing funding. The City of Spring Lake Park has requested a resolution • of support and participation for the project. Staff will present a resolution for Council's consideration at the work session and subsequent approval at the February 22, 1999 regular meeting. Michael Ulrich, Director of Public Works City of Spring Lake Park 1301 Eighty First Avenue Northeast Spring Lake Park,Minnesota 55432 (612)784-6491 November 26, 1997 Mayor Harley Wells Councilmembers Jeanne Mason Mr. Chuck Whiting Barbara Carlson City Administrator DanThomasJ.l M d City of Mounds View Thomas J.Madigan 2401 Highway 10 Administrator, Mounds View, Mn. 55112 Clerk-Treasurer Barbara L.Nelson Dear Chuck: Chief of Police Bruce Porter In regard to our conversation of last week, I Parks&Recreation have attached a copy of the most current plan Director for the signalization of Highway 10 at Pleasantview Jay T.McCluskey Drive. As I mentioned, this project has a very long Public Works history but appears to be closer to reality with Director participation by Anoka County, Ramsey County and James Vickaryous the State. Even though this project borders both of our cities and provides safer, easier access to the highway for our joint fire department, Spring Lake Park has been unsuccessful in gaining Mounds View's participation in the project. Also, attached is a copy of a resolution adopted by the Spring Lake Park City Council on July 15, 1996 supporting a name change for Lakeside Park to "Lakeside Lions Park" in recognition of the Lions Club's financial assistance and contribution of manpower to help us upgrade and maintain the park facilities in times of dwindling resources. This resolution was presented to Mounds View in a joint Council meeting and we were once again unsuccessful in obtaining Mounds View's support. The City of Spring Lake Park would be eager to reopen discussions of either or both of these issues if you believe the possibility exists for a different outcome. We welcome the opportunity to work with the City of Mounds View on issues of mutual interest. Sincerely, Barbara L. Nelson, CMC F# x/)k Administrator, Clerk/ �,/' Treasurer RESOLUTION NO. 96-24 A RESOLUTION ADDING LIONS NAME TO LAKESIDE PARK WHEREAS, the Spring Lake Park Lions Club has donated approximately $200,000 over a two year period for improvements at Lakeside Park; and, WHEREAS, members of the Spring Lake Park Lions Club have donated numerous hours of labor on the improvements at Lakeside Park; and, WHEREAS, those improvements include the construction of a new beach house, retaining wall, 1/2 mile of sidewalk within the park, ballfields and the planting of sod and trees; and, WHEREAS, the contribution of money and labor came at a time when the Cities of Spring Lake Park and Mounds View were experiencing significant reductions in State aid to cities; and, WHEREAS, is it unlikely that the cities would have been able to make these improvements without the generosity of the Spring Lake Park Lions Club. NOW, THEREFORE BE IT RESOLVED, that the Spring Lake Park City Council supports an addition to the name of Lakeside Park to Lakeside Lions Park in recognition of their contributions to the park. BE IT FURTHER RESOLVED that the name, "Lakeside Lions Park" , is intended to reflect recognition and appreciation of the original founders of the park as well as the Spring Lake Park Lions Club who have provided much needed support in thes difficult economic times. "Harley/Wells, Mayor ATTEST: „efkLa,,_,,,,_, Abi,,,,c) Barbara L. Nelson, Administrator, Clerk/Treas. The foregoing resolution was moved for adoption by Councilmember Mason Upon roll call, the following voted aye: Councilmembers Mason, Goggins, and Mayor Wells And the following voted nay: Councilmember Conde Whereupon the Mayor declared said resolution duly passed and adopted this fifteenth day of July 1996. • • • . .• .' • to st., " . \ 1 1 I_ _Li. J it .1.' ! 1 /A 1../` • • ' '-II I. 14 1 .. 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City of Spring Lake Park 1301 Eighty First Avenue Northeast Spring Lake Park,Minnesota 55432 (612)784-6491 Mayor Harley Wells July 13 , 1998 Councilmembers Jeanne Mason Barbara Carlson Daniel Goggins Thomas J.Madigan Mr. Chuck Whiting Administrator, City Administrator Clerk-Treasurer City of Mounds View Barbara L.Nelson 2401 Highway 10 Chief of Police Mounds View, MN. 55112 David Toth Dear Chuck: Parks&Recreation Director Jay T.McCluskey I have reviewed my file on the proposed signal at Highway 10 and Pleasantview Drive and am enclosing a copy of the Public Works Cooperative Agreements Project Submittal from Anoka County Director James Vickaryous for the T.H. 10/Central Avenue/Pleasantview Drive improvements. I believe this document explains all elements of the project, confirming the $130,000 signal cost I cited in my letter of June 24, 1998 (as of December 27, 1995. ) We have not reached the point with either MNDOT or the County where engineering plans have been prepared and have been working from conceptual drawings. The most current drawing is the one prepared by Anoka County which was provided to you earlier. It should be noted that we have received a written commitment from Ramsey County to partiicpate in the signal in the amount of $12,000. If you require any additional information for consideration of this project, I would be happy to allow you or your staff to review the file and we would make copies of anything you feel would be helpful. The file is 5 1/2 inches thick and dates back to 1979. It's difficult for me to determine what would be relevant to your Council . Sincerely, Barbara L. Nelson Admr. , Clerk/Treasurer k1/, Enclosure COUNTY OF ANOKA -:;44,5;* Public Services Division 4'4w4Ese HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 December 27, 1995 r 4 f Mr. Bob Brown Metro Division State Aid Engineer Minnesota Department of Transportation Li r 1500 County Road B2 West Roseville, MN 55113 Re: Cooperative Agreements Program for Fiscal Year 1997 Trunk Highway 10 / CSAH 35 (Central Avenue) /Pleasant View Drive Improvements Dear Mr. Brown: Please find enclosed, a Cooperative Agreements Project Submittal from Anoka County for the improvements of CSAH 35 and Pleasant View Drive at the intersection of Trunk Highway 10 in the City of Spring Lake Park. This is submitted for evaluation for Cooperative Agreement Program Funds for State Fiscal Year 1997. Thank you in advance for your consideration of this submittal. If you have questions on the contents of this submittal, please feel free to contact either Doug Fischer or me at 754-3520. . Sincerely, Jon G. Olson, PE County Engineer Affirmative Action / Equal Opportunity Employer LOCALLY INITIATED COOPERATIVE AGREEMENTS PROGRAM FOR THE STATE FISCAL YEAR 1997 TRUNK HIGHWAY 10 / CSAH 35 (CENTRAL AVE) SOUTH FRONTAGE ROAD EXTENSION AND DETACHMENT, NORTH FRONTAGE ROAD DETACHMENT, AND PLEASANT VIEW DRIVE SIGNALIZATION ANOKA COUNTY HIGHWAY DEPARTMENT PROJECT DESCRIPTION: This proposal consists of three components on the Trunk Highway 10 corridor between the interchange at TH 65 and Pleasant View Drive in the City of Spring Lake Park. The three components are: 1.) the extension of CSAH 35 to serve as a frontage road and eliminating its existing access onto TH 10 and extending it to a new intersection point on Pleasant View Drive; 2.) the elimination of the north frontage road access onto TH 10 at the intersection of 83rd Avenue; and 3.) the signalization and geometric improvements of Pleasant View Drive at its intersection with TH 10. Anoka County's interest in this project is primarily based on the elimination of the safety hazard that exists at the current intersection of CSAH 35 and TH 10. In 1994, the Anoka County Highway Department performed a study of this intersection in preparation of an application for the 1998/99 Hazard Elimination Safety (HES)Program. The three year accident study (1991 through 1993) revealed a total of 16 accidents including seven injury accidents and one fatality. Using the criteria set forth under HES guidelines, it was proposed that providing a traffic control signal system at this location would be a solution to reducing this high incidence of accidents. Although the project qualified for HES funds with a cost/benefit ratio of 3.0, the project was not selected by the HES review panel, believed partly because of MnDOT's reluctance to add another signal on TH 10 in close vicinity to the TH 65 interchange. Anoka County recognizes the problematic conditions that a signal at this location may have caused and, as an alternative, is now proposing to detach the existing access onto TH 10 and extent CSAH 35 as a frontage road along the south side of TH 10 and connect instead to Pleasant View Drive which has full access onto TH 10 approximately 1,700 feet to the east. The added benefit to this proposal is that there would be an additional closure of seven direct accesses onto TH 10. This would complete the first component of this submittal. The second component would further eliminate the incidence of accidents at the CSAH 35 /TH 10 intersection. This would be accomplished by eliminating the direct access of the north frontage road from its location across from CSAH 35. The median break is also proposed to be removed • as a part of either component one or two. The final component of this proposal is integral to the improvements proposed by either component one or two. This component would include the geometric improvements and signalization of Pleasant View Drive at its current intersection with TH 10. It is believed that the signal warrants from the intersection of CSAH 35 and TH 10 would be carried over into a signal justification at the Pleasant View Drive location. Signal warrant 2 (Interruption of Continuous Traffic), signal warrant 9 (Four Hour Volumes) and signal warrant 11 (Peak Hour Volumes) have already been justified at the CSAH 35 location. This project has already been discussed with both the City of Spring Lake Park and MnDOT and all parties are receptive to making improvements pending final cost sharing and funding arrangements. Because of its location, further agreements with the City of Blaine and Ramsey County would also need to be acquired, although both of these parties have expressed interest in this project. Project Cost: A cost for these improvements are estimated at $580,000 and does not include any right-of-way acquisition or relocation costs. A component cost breakdown is as follows: a. South frontage road extension: $200,000 b. North frontage road detachment: $50,000 c. Pleasant View Geometrics: $200,000 Pleasant View Signalization: $130,000 Total Cost $580,000 Project Participation: Using the cost sharing guidelines as outlined in MnDOT Technical Memorandum 93-31-ES-04, the project costs would be divided as follows: Component 1 - South Frontage Road Extension MnDOT Share: 100% Local Share: 0% Component 2 -North Frontage Road Detachment MnDOT Share: 100% Local Share: 0% Component 3a- Pleasant View Geometric Improvements MnDOT Share: 25% Local Share: 75% Component 3b - Pleasant View Signal System MnDOT Share: 50% Local Share: 50% Based on this cost participation schedule, this project is proposed to be funded with $365,000 Cooperative Agreement Program funds and $215,000 in local funds. Under the Locally Initiated Cooperative Agreements Program, Anoka County will assume all design, construction and management of this project. Right-of-Way acquisition and relocation costs are the responsibility of the local agency. Attachments: ■ Project location map. ■ Plan view of proposed construction. ■ 1994 HES Program Submittal Worksheet . . EN . Z Gz7 - • • . Z • . . . C.4 0 • . r.14 E4 . i • • P4 '04 . t C..7 C.-) • 444 •ett 0 I - 0.4 I:4 c...) • • E-4 ta, CLI 1 0 C-) • . . I i . , :".••' ___, 7 r j _.,7 41=011.1111111111111 c.i....._ 1 ••• I A II \t\i r-.._,-=.,.... ...1....:;L:1.111 I. - :. 1. • r , • • , 1.._ , -u, i , . r 1 \ 1-- I . i id. I eI = • • • .,,\q i \ tc) . ,6.8 o.m ....., s..;36 ( _,, \ 1 . , . . . 4..„, 1... . • : .•• • . . I - ifilkl -- \ t....../ 1 ,.o. _II xot I I I 1 ..3 o 1.2 • . / ' • • -.., i _ 1-,..— r - ' _71111.411.411 ;.: IF 1 17 ji: :417:'6....:;77. A:( i ' itit*IL -, 1 1 ..c o cc ua to o el ...e .• 1 - • ! • -: , .. ! , ! : —. .1.2 , `C. 0 04 ea. ' .I:' .. g.......... 11, t • I -. .E ': ' .4 •7 • ,--, i • .4.. _ -1-' .• i. i ', — - • \., . 7. •• e ,s,•‘-.4 ,-- ......, , -T .1- 1 ii-- . *'11"'" .1 - ! rrz-- ,........._:,,,_,.„.j____, _.„ t_--I'''. 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L-• 'T / • -:- ph, •, i . • - ...„-- ...• - - "r 1'1 '`' • ". -* ••••' ri ._,..-.1- .4. lz) .1----..'i- -\ ii,. --! ,, •..a...,,• - - . --:--- 1 -- . , , ----1., t, i ," ),---) 1.kft..‘ 1 -; • — -.k! : .___ ;•-•7 I-,L.t.t•.- .-,-..0 / ,_ k4 .< i %1'. +.* X1 • ,)::":....1::C.-- . a - -7 - 0 a 1— • __ . • e.--;.,-, 7, ,, (-sr)1 -'',/ ........—N—t. I _. AI -___ ......,..... 1.-- i •:.? ' / 4. • • • ! f•. .. .. ....-..--....... •,. • - HAZARD ELIMINATION SAFETY PROGRAM ANOKA COUNTY HIGHWAY DEPARTMENT • CANDIDATEA CSAH 35 (OLD CENTRAL) AT US 10: THIS PROPOSAL CONSISTS- OF THE INSTALLATION OF A TRAFFIC SIGNAL AIT CSAH 35 (OLD CENTRAL AVE) AND US 10, WHICH 1S WARRANTED ON THE BASIS OF WARRANT 2, INTERRUPTION OF CONTINUOUS TRAFFIC, WARRANT 9, FOUR HOUR VOLUMES, AND WARRANT 11, PEAK HOUR VOLUMES. THIS INSTALLATION QUALIFIES FOR INCLUSION IN THE ISTEA HAZARD ELIMINATION SAFETY (HES) PROGRAM BY MEETING CRITERIA 1 AND 3. ---> AN ALTERNATIVE PROPOSAL WHICH MAY BE WORTH CONSIDERATION IN LIEU OF THIS HES PROGRAM TRAFFIC SIGNAL INSTALLATION CONSISTS OF ELIMINATING THE US 10/CSAH 35 INTERSECTION BY CLOSING THE EXISTING MEDIAN OPENING AND CONSTRUCTING A FRONTAGE ROAD EXTENSION OF CSAH 35 TO PLEASANT VIEW DRIVE. T `s..e.Rpg. S.--V.„. ,_`^r i'".�Y-I .:vs•i�r"Y..r ',ir ' iW,i. � • . •• - .•.•c�,�: •-r..•�+.u..- ,.' -� ''' .1.--.5.6...a c 'd'1'' . G_•�:_.;_-: r-_ _i-!►;CC,..� :'• �I ..t7, •s'-• :ix _ •1. >Y..j f:T 3t� & + -'= -`Ci,_a.v`,��`,ti3.-:y^ sa y:�•"�•�� �i-r-�iya�••�..0^;r .-•� - - *}a--v �.rt' �� �.��� e �. 'c•' ...4~„ R: t.._r'S;' C�'..t.."-,..‘V.9.:,'3, . ... TN: e..,$:,:•-•••109-^,,uc.�•l.4,„..2:dr. 1.-.-a .1t J : : =r r.....,,,,-.1.1/2, 4.L:, 2•�S.. �s� f-*.'''.'l r '-';'.1-, 'c ••••'-''''.,;:'- _ •- L1L__1� 1•T'�} �y..L �,+A tih,+, ;•__= M !fi r•� _+r? 7•• 1 • '...'?..4... ;e�'4• �� . \k--.`"".'*7_,...,..'"..•i + 'an i-•l'f'�.•;� 11:„.. '*--..+ �' t-• .1i.•'k'•i_, L_.. -.•& ..G,..if..:�=....:!i.0.e , t:L �:�' .. • .:yiC t v. :��'•. • ,Viik.'�i,� '16., • cif. '� .j •s�,•�'4�y •e�,.� ,-; _ �� ' 4'Y ='.. ;s- a_ - .-„:„:„,1,; _.._...: j••-••--.•• rar-T.. - i• .`♦+ .Y '•.:7 • �-....1.177- ..-'!...4.:`.:y,�'q'.t f^r` F. ;- .- . . ' r 's `C'-!.t.i fS'. 3 •.r`.. :'S�c.. 1.V{, � Y ti s ypi... . ��" -, +,,._-_- .^.--- •s -.«Q3 t..- r • ' �� _ ��. . _.r. .._J1: +..,-..,-,%•... .6. :'}J l4'`..y�yo'Z`�r l.• � x7' •7.,,,::"ma -• - ?G.a .:'S4 '":."• ._'k • I -''.. 'fcy � ' .yam.'•-'f``f.t"1_'�4- ��l'-;•-•..T' _�.• t t � t�tf4 411.•:-s!.:, .4'i ' vt- .`? _e�•�'* :5.••- . • ...,. rf'fiG'.• � � ,".�.rr X31;, r yrs� • • - YG: •..K. ,:5� .Fa v��,• _ v 'L�-."C a :n. ...,. ', ' -''�. .••y�,• It.,f„i`��: � o: te��,z � ��.�,`*,��_��_ s�•`•;,.=1'.x'4®� ,,,""•t,....,..... �..::»:�-YX:.,.ss,� try � ;4 ,C �iw . r y.-.-t.,.. �_ •..!r gat 1r �;:^. ? t= �.,.!: X1:•"5 �fd'ir. $'�f,M�� • w "n .st n_v �.h.....- .• i• __='.3 ``ei�✓s,;, ``esh'�l.i� . •- .•47.;..„--,::. �```{I : • f HAZARD ELIMINATION SAFETY BENEFIT-COST CALCULATION FISCAL YEAR 1998-99 Control Section Main Line Roadway MNDOT US 10 Location ACHD CSAH 35 Reference Points Used US 10 235+00.365 • • CSAH 35 003+00.800 State, County, City or Township A. Proposed Work NEW SIGNAL NO ADDITIONAL CHANNELIZATION B. Project Cost S. 110,000 C. Traffic Growth Factor 1.34 D. Capital Recovery 1. Percent Interest 6% . 2. Project Service Life 10 3. Capital Recovery Factor 0.1359 E. . Anticipated Reduction 1. Property Damage 0.42 % 2. Personal Injury 0.44 % . • 3. Fatal • % . 3.. Years.. :;_: :<:> <;:>::<»;:> s>�:::::;:>::::::::::<.>:�.:.:::<<:::::<::>::::::::::;: ;�::<:.>::::: ;:>:::::::: :>�:>:<>:><;>:::>::»»>::<>: ;:>:::::<:>::>:<:>::<:::>;<::»: :>� :.. .. .... . . Accident. . >:>:;:::: ::.:;:;.;:.:>:::.;.:;:>:::::::::.:::.:::..:::.::::::.:.::._:..::.:......:.......... F .. cast:::.::.:.:::.:::.:.:.�:.�:::....:::::.�::.:...::.....:...:::.:::::.�.�._».:.:.:...:.: Type I 1991 1992 1993 Total Acc. Type 'Total Acc.I / Years = Average Accidents Per Year PD 5 21 1 8 PD 1 8 ' 3 2.67 PI I 41 1 • 3 8 PI I 8 I 3 2.67 F F I 13 1 .Average Cost Per.Accident;...:;;;::;;.:::: :.,<: /. Annual Cost Type I Average Accidents Cost Total $14949.00 PD 1 2.67 2,000 5340 PI I . 2.67 26,500 70755 J. Annual Benefit F I 500,0001 544722.50 Total 5.34 . 76095 K. Benefit/Cost 3.0 Accident Rate 0.38 • 'Severity Rate 0.94 Comments A fatal accident occurred at this intersection during 1991. Accident reduction benefits are calculated using this fatal as a type "A" personal injury accident. • • 1 v)rn < c� 0 p c a Q v Q ^. - 9 co i c p 5 u 9 c + a) c.)— E_ -,.... .. E...... ,... p u C b u 1 .0 N m ca 1149. a) J m 1 O F- rn - .w.. ,,.,� rn .. c6 Z rn O .- .- - _ e e T � • o out nl $ o b c, Co < T 1 w --3 } W — _, < Z - c) p .! 211 < F y Cl) T CI O O m° N N © 4.2 v L. J T - h O z < J — _ZO O .0 O I - r•-• c o o Q ocv ~ 0 F0 OO0 m cJ c) ,ae k F-n 0 JWLLI < N co N r- r- it) N e- .r) In U WCr) I > J ` o u) a w Cf) CO ^c chi N- 0 m c O Z U CL U 0 zD Z W W LCL o n w LL Z c] < — -- — co>_ ° F- C - ° E W L''¢ -� r'J C c < >- -J O z • C c �. �� — T o° c •T N O < Xch C ° c N N O C' < F' '-' O Cz W ?�/- G T T 0 L.:.. — G C C J 0 0 o N „ e W J o • v) O O 0 h . Y -.-< — F- Z T w CC w 0 0 0 < I- . LL vn T u c CD 0 x r W T = • (I) F' --1 < CO (.) J J ^ J _ W U_ W F- 0 LLI W 11.1 0 ~ ~ 0 < p.. < + 0 -J Li 000 }- �O Z J CO < _ n O 0 0HZ Z Z - O Z u 0 U Li C>- F- O 0 = (3 . 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