HomeMy WebLinkAboutCC PACKET 02122008CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
February 12, 2008
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the following items:
I. Approval of the February 12, 2008, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Swearing -In of Police Office Elliott Erdman. Mayor Faust (p. 1)
B. Recognition of Reserve Officers. Police Chief John Ohl.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen
so requests, in which event the item will be removed from fire Consent Agenda and placed elsewhere on the agenda.
A. Approval of January 22, 2008, Council Meeting Minutes. (pp. 2 - 8)
B. Licenses and Permits. (p. 9)
C. Claims. (pp. 10 -12)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 08-015; Approving a Cooperative Agreement with Hennepin County for the
Construction of Silver Lake Road. Craig Twinem & Peter Lemke, Hennepin County,
presenting. (pp. 13 - 41)
B. City Engineer Update. Todd Hubmer, WSB & Associates, presenting. (pp. 42 - 43)
C. Resolution 08-16; Adopting a Master Partnership Contract between the City of St. Anthony and
the Minnesota Department of Transportation. Todd Hubmer, WSB & Associates, presenting.
(pp. 44 - 68)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the City Council about arty item trot included on the regular agenda. Speakers are requested to come to the podinrn, sign their name
and address or the foam at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City
Council will not take official action on items discussed at this tune, but may typically refer tire matter to staff for a future report or direct the matter to be
scheduled on air upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
ZACouncil Meetings12008102122008\agendapg#.doc
St. Anthony Police Department
1
I, ELLIOT RICHARD ERDMAN DO SOLEMNLY SWEAR THAT 1 WILL
SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS OF
THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF
SAINT ANTI -TONY.
ON MY HONOR, I WILL NEVER BETRAY MY BADGE, MY INTEGRITY, MY
CHARACTER OR THE PUBLIC TRUST.
I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND
IMPARTIALLY DISCHARGE MY DUTIES AS A LAW ENFORCEMENT
OFFICER IN PROVIDING ASSISTANCE AND SERVICE TO ALL THAT LOOK
TO ME FOR HELP TO THE BEST OF MY ABILITY.
FEBRUARY 12, 2008
POLICE OFFICER ERDMAN
MAYOR
CHIEF OF POLICE
a
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 January 22, 2008
4
5
6 CALL TO ORDER
7
8 Mayor Faust called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE
11
12 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
13
14 ROLL CALL
15
16 Present: Mayor Faust; Councilmembers Gray, Roth, Stille, and Thuesen
17 Absent: None
18 Also Present: City Manager Mike Mornson and City Clerk Barbara Suciu
19
20
21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
22 ITEMS:
23
24 I. APPROVAL OF JANUARY 22, 2008 CITY COUNCIL MEETING AGENDA
25
26 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the City
27 Council Meeting Agenda of January 8, 2008 as amended.
28
29 Motion carried unanimously (5/0)
30
31 IL PROCLAMATIONS AND RECOGNITIONS.
32
33 A. Recognition of Tom Keith, Principal of St. Anthony High School for receiving the Silver
34 Ranking from U.S. News and World Report
35
36 Mayor Faust presented Mr. Tom Keith, Principal, with the 2008 "America's Best High Schools"
37 Silver Medal Ranking from the US News and World Report. He stated St. Anthony is in the top
38 500 schools in the nation.
39
40 Mr. Keith addressed Council and expressed his gratitude for the support from the community, the
41 school staff, parents, and City staff.
42
43 Mayor Faust pointed out that St. Anthony has a very well rounded curriculum. He stated that
44 without a strong school system, St. Anthony would not be the city it is.
45
46 IIL CONSENT AGENDA.
47
48 A. Approval of January 8, 2008 Council Meeting Minutes
49 B. Consider naavment of claims
City Council Regular Meeting Minutes
January 22, 2008
Page 2
C. Resolution 08-013; Accepting a donation from Barbara Meier for the St. Anthony Police
Department — Citizen's Academy
Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve the Consent
Agenda as amended.
7 Motion carried unanimously (5/0)
8 IV. PUBLIC HEARINGS.
9
10 A. Public Hearing regarding the transfer of the Intoxicating Liquor License for Applebee's
11 Resolution 08-014; Approving the transfer of the IntoxicatingLiquor License to
12 Applebee's Restaurants North, LLC.
13
14 Mayor Faust opened the Public Hearing at 7:07 p.m.
15
16 City Manager Mornson presented Resolution 08-014. He stated staff received the necessary
17 documentation for a transfer of the intoxicating liquor license from American Limited
18 Partnership of Minnesota to Applebee's Restaurant North, LLC. He reported the St. Anthony
19 Police Department conducted a background investigation on the appropriate officers and
20 employees of the corporation. He indicated that no items of concern were discovered. City
21 Manager Morrison reported staff would send the information to the State of Minnesota for review
22 after approval of the liquor license.
23
24 Councilmember Stille questioned why the request for transfer was necessary.
25
26 Mr. Dallas Ward, Assistant Manager, replied that all the corporately owned Applebee's were
27 purchased by the I -Hop Corporation, therefore, making the transfer necessary.
28
29 Mayor Faust closed the Public Hearing at 7:10 p.m.
30
31 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve Resolution 08-
32 014, a Resolution approving the transfer of the Intoxicating Liquor License for Applebee's
33 Restaurants North, LLC, DBA Applebee's Restaurant at 2800 — 39°i Avenue.
34
35 Motion carried unanimously (5/0)
36
37 V. REPORTS FROM COUNCIL AND STAFF
38
39 None
40
41 VI. GENERAL POLICY BUSINESS OF THE COUNCIL
42
43 A. Three Rivers Park Update
44
45 Commissioner Rosemary Franzese, Three Rivers Park District, presented a history and an update
46 on Silverwood Park. She reported the entire park would require closing during the construction
City Council Regular Meeting Minutes
January 22, 2008
Page 3
period beginning June 2, 2008 with an anticipated opening of summer 2009. She stated this $14
million cost is the largest investment in a single project in the 50 year history of the Three Rivers
Park District. She introduced key members of the project.
5 Mr. Chris Gear, Three Rivers Park District, provided a project overview on Silverwood Park. He
6 reported the total estimated construction and development costs are at approximately $14
7 million. He stated that about $1 million would be spent on a new maintenance facility, $6.5
8 million on the visitor's center, $4.5 million on general park improvements and miscellaneous
9 items make up the difference.
10
11 Mr. Michael Horn, Three Rivers Park District, provided updates and changes on the buildings
12 and the site plan for Silverwood Park. He displayed drawings and photos of the proposed
13 buildings.
14
15 Mr. Dennis Hahn, Three Rivers Park District, presented the building floor plans and the
16 anticipated uses.
17
18 Mr. Larry Blackstad, Three Rivers Park District, expressed the enthusiasm of everyone involved
19 with this project. He reported Silverwood Park would be operated and maintained by Three
20 Rivers. He reported the park would be fully staffed with recreation, education, public safety, and
21 maintenance personnel. He stated this would be a beautiful asset to St. Anthony.
22
23 Councilmember Thuesen commented that great thought was put into the 'Park. He questioned
24 whether cross-country skiing would be allowed in the park and if the trails would be groomed.
25
26 Mr. Hahn replied that an examination of the park for the ability to provide trails would be needed
27 first. He commented the cross-country skiers have been allowed in the park to date. He
28 explained bike trails, walking trails, and island access would be provided. He stated that the
29 open areas would probably be available for snow shoeing.
30
31 Councilmember Thuesen commented there is a great deal of open green space in the park and
32 questioned whether people would be discouraged from accessing these areas and kept to the
33 trails.
34
35 Mr. Hahn replied they hope to enhance the natural environment with plantings and create off -
36 trail educational experiences.
37
38 Councilmember Thuesen questioned how successful they have been with limiting the removal of
39 trees.
40
41 Mr. Horn replied the current plan calls for very few trees would be removed in the visitor's
42 center area.
43
44 Councilmember Stille questioned whether the visitor's center building would be LEED
45 (Leadership, Energy, Environmental Design( certified.
46
C!
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City Council Regular Meeting Minutes
January 22, 2008
Page 4
Mr. Horn replied they are required to follow state B3 mandates. He stated they are making every
effort reduce the environmental impact and increase sustainability as mandated by the state. He
stated they have not pursued LEED certification.
Councilmember Stille questioned whether the cost stated included the land.
Mr. Gierzal replied the acquisition and development costs are about $21 million.
Councilmember Roth questioned how many parking spaces there would be.
Mr. Horn replied 155 in the main parking area and 68 in the overflow lot.
Mayor Faust commented on the 260 seating spaces in the visitor's center.
Mr. Hahn replied that was correct for banquet seating.
Mayor Faust questioned if there are any restrictions on the use of the visitor's center.
Mr. Horn replied beer and wine are allowed; however, there is an ordinance prohibiting hard
liquor.
Mayor Faust questioned whether the park would be open to the public when the visitor's center
is rented for a private event.
Mr. Hahn replied the park would be open to the public during regular park hours.
Councilmember Roth questioned whether there would be enough parking places when large
events occur.
Mr. Horn replied the parking needs would be met with the planned parking and also by using
adjacent neighborhoods and shuttle vehicles.
Commissioner Franzese mentioned Three Rivers is making a tremendous contribution to the
quality of the water. She stated they are in the process of an ongoing study for Total Maximum
Daily Load (TMDL).
Mr. Horn expanded on the TMDL study.
Mayor Faust commented that Three Rivers Park is in the Rice Creek Watershed District and
most of St. Anthony is in the Middle Mississippi Watershed District. He pointed out that the
City is working with Three Rivers Park, the MMWMO, and the Rice Creek Watershed District.
He applauded the Park Board and staff for taking the time to do it right the first time rather than
meeting artificial dates. He complemented and thanked Commissioner Franzese and Chair
Larry Blackstad in that without their help, there would not be a connection to the NE Diagonal
Trail.
City Council Regular Meeting Minutes
January 22, 2008
Page 5
VIL REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS
City Manager Mornson reported the City Council Meeting on February 12, 2008 would include
the swearing in of Officer Elliot Erdman, the City Engineer's Update, the MNDOT Agreement,
and the Hennepin County Agreement.
7 City Manager Mornson reported he would be attending the Civic Engagement Committee
8 Meeting held on January 25, 2008 at the Edina City Hall.
9 City Manager Mornson reported he would be attending a meeting with the Minneapolis Park
10 Staff on January 24, 2008 regarding the Grand Round Program. He indicated lie would report
11 back to Council on this program.
12
13 City Manager Mornson reported staff is working on the written agreements with the St.
14 Anthony -New Brighton School District and the Sports Boosters on snow plowing and
15 maintenance of the ball fields.
16
17 City Manager Mornson reported the Finance Department changed a banking relationship, which
18 resulted in a $14,000 savings. He reported that the Liquor Departments reported a savings of
19 $6,000 on credit cards because of a change in vendors. He indicated this amounts to about
20 $20,000 in savings to the City.
21
22 City Manager Mormon reported that Officer Jeff Spiess received the 2007 Officer of the Year
23 Award from the Traffic Advisory Committee sponsored by the Hennepin County Chiefs of
24 Police Association. He stated Officer Spiess has been a leader in traffic safety for the past
25 several years. He reported that during 2007 Officer Spiess issued over 1,150 citations, made
26 more than 50 DWI arrests, has been active in educating the community through instructing the
27 DARE program, being a certified crime prevention officer and a drug enforcement expert and
28 conducting classes in the citizen's academy.
29
30 City Manager Mornson presented a list of 13 Inter Government Meetings attended by he and his
31 staff during the month of January 2008. He stated these result in great relationships with the
32 City.
33
34 Councilmember Thuesen reported the Vital Aging Council has been quite busy. He stated they
35 completed a project where properties with addresses difficult to see from the road were
36 identified. He reported that Superintendent Rod Thompson met with the Vital Aging Council on
37 issues regarding the senior population of St. Anthony. He reported that four residents of the
38 community were interviewed by the third grade classes of Wilshire Park Elementary. He stated
39 that Mr. Larry Long, in partnership with the West Metro Education Program (WMEP), would
40 put together a history of what these individuals have experienced during their life in St. Anthony.
41 He explained this would be presented to the community on March 6, 2008 at 7:30 p.m. in the St.
42 Anthony High School auditorium. He stressed that this is not a school event; it is a community
43 event. He reported volunteers are needed and encouraged residents to call 706-1202 for more
44 information.
45
0
City Council Regular Meeting Minutes
January 22, 2008
Page 6
1 Councilmember Gray reported that on January 9, 2008, he attended the Sports Boosters Meeting
2 where Mr. Gary Goldsmith was elected president. He stated the Boosters are in the process of
3 redefining their support of youth sports.
4
5 Councilmember Gray reported that on January 10-11, 2008, he attended the Strategic Goal
6 Setting session with Council and Staff.
7
8 Councilmember Gray reported attending the Chamber of Commerce meeting on January 15,
9 2008 where Commissioner Stenglein and staff discussed the Silver Lake Road Project.
10
11 Councilmember Roth reported he participated in the League of Minnesota Cities New
12 Councilmember session on January 1849, 2008. He stated he found it very beneficial.
13
14 Councilmember Stille reported attending the Sister Cities Committee Board Meeting on January
15 13, 2008. He commented a Salo, Finland visit in 2008 was discussed.
16
17 Mayor Faust reported attending the January 10-11, 2008 Strategic Goal Setting Session. He
18 stated a report would be forthcoming on March 25, 2008 for adoption and presented to the
19 community.
20
21 Mayor Faust commented that a large group attended the Chamber of Commerce luncheon and
22 discussion on the Silver Lake Road project. He stated that residents were favorably impressed
23 with the project for the most part. He reported another open house would occur in March or April
24 and open to the public.
25
26 Mayor Faust reported that on January 15, 2008 he attended a Middle Mississippi Water
27 Management Plan Workshop to work on a 10 year Watershed Plan. He stated it is quite extensive
28 as it is in cooperation with the other area watershed districts.
29
30 Mayor Faust reported attending the League of Minnesota Cities Board Meeting on January 17,
31 2008 to look at legislative priorities. He stated that water infrastructure funding and drinking and
32 waste water standards requirements were discussed. He asked the Board as to whether any
33 funding that would recognize St. Anthony completed its I & L He reported that this was
34 approved unanimously by the Board and funding would be available.
35
36 Mayor Faust reported the League of Minnesota Cities Board also discussed the Cable Franchise
37 Authority to reflect that authority is left at the local level relative to new technology and fiber
38 optics. He commented that hindrances that do not give local authority were also put on record
39 with the Board. He stated the Board is very sensitive to what the City of St. Anthony is
40 attempting to accomplish.
41
42 Mayor Faust reported attending the League of Minnesota Cities Government Retreat on January
43 18, 2008.
44
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City Council Regular Meeting Minutes
January 22, 2008
Page 7
Mayor Faust reported that on January 22, 2008, he and City Manager Mornson met with the
Mayors and City Administrators from Falcon Heights and Lauderdale. He stated St. Anthony is
committed to this relationship and saw it as becoming stronger.
VITT. COMMUNITY FORUM
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
There being none, Mayor Faust continued with the agenda.
IX. INFORMATION AND ANNOUNCEMENTS
X. MISCELLANEOUS INFORMATIONAL DOCUMENTS
None.
XI. ADJOURNMENT
Mayor Faust adjourned the meeting at 8:00 p.m.
Respectfully submitted,
Dianna Wise
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor
Saint Anthony Village
DATE: February 12, 2008 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval•
General Contractors License:
All -Brite Sign, Rogers, MN
VSI Construction, Maple Grove, MN
Heating & Air Conditioning License:
Conditioned Air, Eagan, MN
0
BREMER BANK ST. ANTHONY VILLAGE 10
CHECK REGISTER
VENDOR # PAYEE
CHECK
DATE
AMOUNT
8511 AT&T Mobility
5508
1/17/2008
$67.87
220 Anoka County Warrants
5510
1/24/2008
$500.00
9417 High Technology Crime
5511
1/24/2008
$60.00
8242 AFFILIATED COMPUTER SERV
5513
2/13/2008
$383.40
4779 ALCORN BEVERAGE CO, INC
5514
2/13/2008
$1,008.60
8621 ALLIANCE MECHANICAL
5515
2/13/2008
$462.50
9256 ALLIED MEDICAL PRODUCTS
5516
2/13/2008
$2,990.00
9250 AMERICAN MESSAGING
5517
2/13/2008
$157.46
8863 ANTILLA/RYAN
5518
2/13/2008
$22.61
7835 ARCH WIRELESS-METROCALL
5519
2/13/2008
$421.59
8794 ARCTIC GLACIER INC.
5520
2/13/2008
$284.70
7048 BARTON SAND AND GRAVEL
5521
2/13/2008
$546.53
4293 BELLBOY CORP.
5522
2/13/2008
$28,787.68
9060 BLAINE LOCK & SAFE INC.
5523
2/13/2008
$255.66
7168 BOYER FORD TRUCKS, INC.
5524
2/13/2008
$301.74
7253 BRAKE & EQUIPMENT WAREHO
5525
2/13/2008
$336.49
9148 BRW ENTERPRISES
5526
2/13/2008
$261.00
4231 CAPITOL BEVERAGE SALES
5527
2/13/2008
$31,354.80
9028 CAPITOL CITY REGIONAL FI
5528
2/13/2008
$50.00
9100 CAT & FIDDLE BEVERAGE
5529
2/13/2008
$2,918.61
610 CATCO
5530
2/13/2008
$173.48
2380 CENTERPOINT ENERGY
5531
2/13/2008
$1,390.87
4080 CHISAGO LAKES DIST. CO.,
5532
2/13/2008
$4,161.71
9056 CITY OF ROSEVILLE
5533
2/13/2008
$2,622.58
4095 COCA COLA BOTTLING COMPA
5534
2/13/2008
$532.15
4107 COMPTON'S COMMERCIAL CLN
5535
2/13/2008
$3,860.63
8602 CROWN TROPHY
5536
2/13/2008
$27.58
8557 DAILEY DATA & ASSOCIATES
5537
2/13/2008
$62.50
4127 DANIMAL DISTRIBUTING INC
5538
2/13/2008
$327.50
9174 DAY DISTRIBUTING CO
5539
2/13/2008
$2,100.00
9560 DEFENSIVE EDGE TRAINING
5540
2/13/2008
$350.00
8437 DIRECTV INC
5541
2/13/2008
$29.77
820 DORSEY & WHITNEY
5542
2/13/2008
$1,114.25
.0141 DRIVER & VEHICLE SERVICE
5543
2/13/2008
$18.25
8411 DRIVER & VEHICLE SERVICE
5544
2/13/2008
$18.25
8697 EXTREME BEVERAGE
5545
2/13/2008
$128.00
9395 FACTORY MOTOR PARTS CO
5546
2/13/2008
$270.98
8153 FILTERFRSH
5547
2/13/2008
$76.97
8359 FLAHERTY'S HAPPY TYME CO
5548
2/13/2008
$448.00
8647 FRATTALLONE'S HARDWARE
5549
2/13/2008
$3.18
1030 G & K SERVICES INC
5550
2/13/2008
$1,252.86
9561 GLOBAL SYNERGY GROUP, LL
5551
2/13/2008
$5,629.37
1180 GOODIN COMPANY
5552
2/13/2008
$124.39
1250 GRAINGER
5553
2/13/2008
$84.32
9102 GRAND PERE WINES, INC
5554
2/13/2008
$1,678.33
4172 GRAPE BEGINNINGS, INC.
5555
2/13/2008
$2,512.65
4175 GRIGGS COOPER & CO INC
5556
2/13/2008
$44,553.56
9248 GTS
5557
2/13/2008
$200.00
7188 H & L MESABI INC
5558
2/13/2008
$1,189.61
1300 HACH COMPANY
5559
2/13/2008
$119.19
BREMER BANK ST. ANTHONY VILLAGE 11
CHECK REGISTER
VENDOR # PAYEE
CHECK
DATE
AMOUNT
8342 HENNEPIN COUNTY TREASURE
5560
2/13/2008
$23.17
8987 HENNEPIN COUNTY TREASURE
5561
2/13/2008
$439.93
4207 HOHENSTEIN'S, INC
5562
2/13/2008
$5,860.90
8252 HOME DEPOT CREDIT SERVIC
5563
2/13/2008
$52.93
8013 ICMA
5564
2/13/2008
$220.00
4125 JJ TAYLOR DISTRIBUTING
5565
2/13/2008
$64,472.14
4220 JOHNSON BROTHERS LIQUOR
5566
2/13/2008
$51,515.16
8229 LOFFLER BUSINESS SYSTEMS
5567
2/13/2008
$632.69
9114 M. AMUNDSON LLP
5568
2/13/2008
$1,220.91
2100 MACQUEEN EQUIPMENT CO
5569
2/13/2008
$33.82
2125 MALENICK/JOHN
5570
2/13/2008
$70.37
2130 MAMA
5571
2/13/2008
$54.00
9073 MARCO, INC.
5572
2/13/2008
$277.37
4265 MARK VII SALES INC
5573
2/13/2008
$29,494.83
8263 MCLEOD USA, INC.
5574
2/13/2008
$219.26
9559 METRO CITIES
5575
2/13/2008
$3,232.00
9527 METRO LEAK DETECTION, IN
5576
2/13/2008
$225.00
2240 METROPOLITAN COUNCIL
5577
2/13/2008
$38,938.92
9459 MIDC ENTERPRISES
5578
2/13/2008
$10.12
2280 MIDWEST ASPHALT CORP
5579
2/13/2008
$63.43
9549 MINNESOTA STATE FIRE MAR
5580
2/13/2008
$140.00
5190 MN DEPT NATURAL RESOURCE
5581
2/13/2008
$3,757.14
7356 MOORE-SYKES/KIM
5582
2/13/2008
$180.33
7205 MSSA
5583
2/13/2008
$35.00
9084 MUZAK LLC
5584
2/13/2008
$55.41
7370 MYERS TIRE SUPPLY COMPAN
5585
2/13/2008
$1.74
2505 NARDINI FIRE EQUIP CO
5586
2/13/2008
$105.39
8996 NEEDHAM DISTRIBUTING CO
5587
2/13/2008
$199.25
9222 NEW BRIGHTON FORD
5588
2/13/2008
$22.50
8883 NEW FRANCE WINE COMPANY
5589
2/13/2008
$2,341.34
8764 NFPA
5590
2/13/2008
$150.00
9266 NORTHERN WATER WORKS SUP
5591
2/13/2008
$373.26
9151 NORTHLAND INN
5592
2/13/2008
$4,395.50
45 OFFICE DEPOT
5593
2/13/2008
$1,435.27
7226 OLSON'S PLUMBING
5594
2/13/2008
$2,468.00
1230 ONE CALL CONCEPTS, INC.
5595
2/13/2008
$74.50
8528 PACE ANALYTICAL SERVICES
5596
2/13/2008
$190.00
9275 PAT KERNS WINE MERCHANTS
5597
2/13/2008
$696.33
4354 PAUSTIS & SONS
5598
2/13/2008
$8,540.23
8805 PETTY CASH - BREMER BANK
5599
2/13/2008
$166.06
4360 PHILLIPS WINE & SPIRITS
5600
2/13/2008
$43,217.60
4161 PREMIUM WATERS, INC
5601
2/13/2008
$112.00
9139 PROPERTY KEY, INC.
5602
2/13/2008
$50.00
4385 QUALITY WINE CO
5603
2/13/2008
$44,875.95
4492 QWEST
5604
2/13/2008
$303.33
9356 REGIONS INTERSTATE BILLI
5605
2/13/2008
$30.72
4133 SALUD AMERICA
5606
2/13/2008
$1,789.00
9405 SETS DESIGN, INC.
5607
2/13/2008
$330.50
9127 SIMPLEXGRINNELL
5608
2/13/2008
$606.00
8725 SITARZ/MARK
5609
2/13/2008
$511.97
9402 SOFTWARE HOUSE INTERNATI
5610
2/13/2008
$1,290.78
BREMER BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR# PAYEE
CHECK
DATE
AMOUNT
8983 SOULO DESIGN, INC
5611
2/13/2008
$150.00
5238 SPECIALTY RADIO SERVICE
5612
2/13/2008
$428.41
9072 SPECIALTY WINES & BEV. L
5613
2/13/2008
$522.00
9083 ST, ANTHONY RETAIL DEVEL
5614
2/13/2008
$1,648.47
1810 ST. ANTHONY VILLAGE KIWA
5615
2/13/2008
$276.00
3490 STREICHER'S
5616
2/13/2008
$1,560.07
7337 TIMESAVER OFF SITE SECRE
5617
2/13/2008
$882.73
7365 TOLL GAS & WELDING SUPPL
5618
2/13/2008
$36.49
8907 TOUSLEY FORD
5619
2/13/2008
$242.82
3560 TRACY PRINTING
5620
2/13/2008
$359.97
8824 TRI -COUNTY BEVERAGE, INC
5621
2/13/2008
$217.00
9309 TROMBLEY/JOHN
5622
2/13/2008
$442.05
8449 TWIN CITY GARAGE DOOR
5623
2/13/2008
$1,170.73
8859 U.S. BANK
5624
2/13/2008
$220,000.00
7341 U.S. TIRE & EXHAUST
5625
2/13/2008
$3.07
9171 UNIQUE PAVING MATERIAL
5626
2/13/2008
$215.56
8270 UNITED STATES POSTAL SER
5627
2/13/2008
$700.00
8227 VERIZON WIRELESS
5628
2/13/2008
$732.24
9126 VINO SOURCE
5629
2/13/2008
$421.00
4451 VINOCOPIA
5630
2/13/2008
$2,109.71
8316 WINE COMPANY/THE
5631
2/13/2008
$3,019.35
8310 WINE MERCHANTS INC
5632
2/13/2008
$16,556.69
4499 WORLD CLASS WINES, INC.
5633
2/13/2008
$2,843.88
8273 WSB & ASSOCIATES, INC.
5634
2/13/2008
$8,301.00
2680 XCEL ENERGY
5635
2/13/2008
$12,802.04
9076 XCELERATED COMPUTER SOLU
5636
2/13/2008
$185.00
830 ZEE MEDICAL SERVICE
5637
2/13/2008
$87.16
TOTAL $737,647.66
12
A
W.SR
& Assocmres, r,��, Infrastructure ■ Engineering ■ Planning ■ Construction
February 6, 2008
Honorable Mayor, City Council and Staff
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 541.4800
Fax: 763 541-1700
Re: Hennepin County Transportation Agreement No. PW59-10-07
Hennepin County Cost Share Agreement for the Reconstruction of Silver Lake Road
Dear Honorable Mayor, City Council, and Staff:
Attached please fund Resolution No. 08-015, a Resolution entering into a construction cooperative agreement
with Hennepin County for the reconstruction of Silver Lake Road from St. Anthony Boulevard to 37°i
Avenue NE. This agreement anticipates the estimated cost for the project to be $8,452,478, with $5,323,733
paid for by Hennepin County and $3,128,745 paid for by the City of St. Anthony.
The cost participation numbers presented to the Council in this agreement are currently estimates only. The
actual cost of the project will be based on the actual prices for right-of-way acquisition, and the bid prices
received for the construction of Silver Lake Road. The cost split currently shown is consistent with our
discussions with Hennepin County during the development of preliminary and final plans of Silver Lake
Road. The St. Anthony Village portion of costs does include the reconstruction of City water and sanitary
sewer systems, which are 100% the responsibility of St. Anthony Village, in the amount of $1,470,000.
The City of St. Anthony has and will incur costs associated with the reconstruction of Silver Lake Road for
the design of the water and sewer systems by the City Engineer, participation in the public task force,
development of specifications for the water and sewer replacement, and support services necessary for the
undergrounding of private utilities and the connections at private residents' homes, and communications with
residents through the design and construction phases of the project. At this time, we anticipate the total cost
to the City of St. Anthony to be approximately $3,500,000 for this project.
If you have any questions, I will be available at your February 12 Council meeting, or feel free to call me at
763-287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
cc: Jay Hartman, City of St. Anthony Village
Roger Larson, City of St. Anthony Village
KI1626-18W drain l Docsl L7'R-Guice-020508. doe
13
14
Hennepin County Transportation Department
1600 Prairie Drive 612-596-0300, Phone
Medina,MN 55340-5421 763-478-4000, FAX
763-478-4030,TDD
www.hennepin.us
January 23, 2008
Mr. Michael Morrison
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
AGREEMENT NO. PW 59-10-07
CSAH 136 (Silver Lake Road); County Project 0524
Dear Mr. Morrison:
Submitted for approval are two copies of the above referenced agreement. The agreement outlines
maintenance and cost responsibilities for the reconstruction of Silver Lake Road from St. Anthony
Boulevard to 37°i Avenue ME -
If the agreement is satisfactory, please have both copies signed by the appropriate officials and return
them to this office. Also, please return two certified copies of a resolution authorizing these officials
to sign the agreement. Upon completion of the remaining signatures by Ilennepin County officials,
we will send you one fully executed copy for your files.
If you have any questions concerning the agreement, please feel free to contact me at (612) 596 -
0360.
Upon approval of the agreement, please call Wayne Loos at (612) 596-0380 to arrange for pick up
by Hennepin County.
Sinc rel
Craig M. Twinem, P.E.
Design Division Engineer
encl
c: Todd Hubmer (WSB)
An Equal Opportunity Employer Recycled Poper
15
Agreement No. PW 59-10-07
County Project No. 0524
County State Aid Highway No. 136
City of Saint Anthony
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS_ AGREEMENT, Made and entered into this day of
_ , 2008 by and between the County of Hennepin, a body politic and
corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and
the City of Saint Anthony, a body politic and corporate under the laws of the State of
Minnesota, hercinafter referred to as the "City".
WITNESSETH:
WHEREAS, the County and the City have been negotiating to bring about the
improvement of that portion of County State Aid Highway No. (CSAR) 136 (Silver Lake Road)
from St. Anthony Boulevard to 37°i Avenue N.E. as shown on the County Engineer's plans for
County Project No. (C.P.) 0524 which improvements contemplate and includes grading,
drainage, bituminous and concrete surfacing, curb and gutter, concrete walk, water main,
retaining walls, traffic signal system, landscaping and other related improvements, and which
shall hereinafter be referred to as the "Project"; and
WHEREAS, the above described Project lies within the corporate limits of the City; and
WHEREAS, the County Engineer has heretofore prepared an Engineer's Estimate of
quantities and unit prices for the above described. Project in the sum of Six Million Three
Hundred Eighty One Thousand Ninety Nine Dollars and No Cents ($6,381,099.00). A copy of
said estimate, marked Exhibit "A", is attached hereto and by this reference tirade a pail: hereof,
and
WHEREAS, the City have indicated its willingness to participate in the construction,
engineering and maintenance costs of the Project as detailed herein; and
WHEREAS, the construction costs for the Project shallbe comprised of municipal and
county state aid funds, county road bonds and local funds; and
WHEREAS, the City has requested that the County participate in the costs of the
landscaping included in the plans for the Project in accordance with the County's Roadside
Enhancement Partnership. Program (REPP); and
W
M
Agreement No. PW 59-10-07
CSAH 136; C.P. 0524
WHEREAS, the County has REPP funds available and has expressed willingness to
participate in the construction costs of the landscaping; and
WHEREAS, the City has requested that lines and facilities for distribution of electrical
energy be relocated underground by Xcel Energy within the limits of the Project; and
WHEREAS, the City has requested that the Comity participate in the costs of the aforesaid
utility line burial costs in accordance with the County's Roadside Enhancement Partnership
Program; and
WHEREAS, the Comity has REPP funds available and has expressed willingness to
participate in the construction costs of the aforesaid utility line burials; and
WHEREAS, the City has requested that street lighting and pedestrian lighting be installed
by Xcel Energy within the limits of the Project; and
WHEREAS, the City has requested that the County participate in the costs of the aforesaid
street lighting and pedestrian lighting installed by Xcel Energy in accordance with the County's
Roadside Enhancement Partnership Program; and
WHEREAS, the County has REPP funds available and has expressed willingness to
participate in the costs of the aforesaid street lightingand pedestrian lighting installed by Xcel
Energy; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under
the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
NOW TIIEREFORE, IT IS HEREBY AGREED:
The County will advertise for bids for the work and construction of the Project, receive and
open bids pursuant to said advertisement and will enter into a contract with the successful bidder
at the unit prices specified in the bid of such bidder, according to law. The contract will include
the plans and specifications prepared by the County, which said plans and specifications are also
referenced and identified as State Aid Project Number (S.A.P). 27-736-04, and approved by the
Minnesota Department of Transportation (Mn/DOT).
-2- VVL
17
Agreement No. PW 59-10-07
CSAH 136; C.P. 0524
II
The Comity will administer the contract and inspect the construction of all the contract work
contemplated herewith. However, the City Engineer shall have the right, as the work progresses,
to enter upon the job site to make any inspections deemed necessary and shall cooperate with the
County Engineer and staff at their request to the extent necessary, but will have no responsibility
for
for the supervision of the work.
The City agrees that the County may make changes in the plans or in the character of said
contract construction which is reasonably necessary to cause said construction to be in all things
performed and completed in a satisfactory manner. It is further agreed by the City that the
County may enter into any change orders or supplemental agreements with the County's
contractor for the performance of any additional construction or construction occasioned by any
necessary, advantageous or desirable changes in plans, within the original scope of the Project.
Said changes may result in an increase or decrease to the City's cost participation estimated
herein.
The City shall have the right to review any proposed changes to the plans and
specifications as they relate to the City cost participation prior to the work being performed. The
City's Engineer or designated representatives shall have the right to approve any change orders or
supplemental agreements prepared by the County that affect the City's share of the construction
cost.
The City further agrees that it will participate in the settlement of any claims from the
County's contractor that involve delays attributable to unreasonable delays in approval by the
City for plan or specification changes deemed necessary by the County Engineer or staff. 'rhe
amount of City participation in any such claims shall be commensurate with the percentage of
delay directly attributable to the City's actions.
III
The City shall reimburse the County for its share of the contracted construction costs for
the Project as set forth in the Division of Cost Summary in said Exhibit "A". The respective
proportionate shares of the pro -rata pay items included in Exhibit "A" shall remain unchanged
throughout the life of this Agreement. It is understood that the estimated amount on Page I of
this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted
construction work on the Project and that the unit prices set forth in the contract with the
successful bidder and the final quantities as measured by the County Engineer's designated
representatives shall govern in computing the total final contract construction cost for
apportioning the cost of the Project according to the provisions herein. It is further understood
and agreed that the final quantities as measured by the County Engineer's designated
representatives for contract pay items shall be subject to the review by the City Engineer.
Agreement No. PW 59-10-07
CSAR 136; C.P. 0524
IV
In addition to the aforesaid City's proportionate share of the contracted construction costs
for the Project, the City also agrees to reimburse the County for a share of the construction
engineering costs for the Project. Said City's share of the construction engineering costs shall be
equal to eight (8) percent of the sanitary sewer and water main replacement work included in the
Project. The amount of said City's share in the contract engineering costs is estimated in Exhibit
"A". It is understood that said City's share shown in Exhibit "A" is an estimate and that the
actual City's share of the contract engineering costs will be computed using the total final
amount of the City sanitary sewer and water main contract construction costs for the Project.
V
The City agrees to grant right of way to the County over those lands owned by the City that
are a part of the required right of way for said Project. Said right of way shall be granted at no
cost to the County.
The County or its agents will acquire all additional right of way, permits and/or easements
required for the construction of said Project. All costs for all additional right of way, permits
and/or easements within the City required for the construction of the Project shall be shared
equally between City and County, as set forth in the Division of Cost Summary on sheet I of
Exhibit "A".
VI
The County, at its sole cost and expense, has conducted a Phase 1 Environmental
Assessment (BSA) on the Project. In the event a Phase II ESA is required on any parcel, it is
hereby understood and agreed that the City shall reimburse the County for fifty (50) percent of all
costs incurred by the County for the completion of said future Phase II ESA. If any such Phase II
ESA identifies contamination within the new right of way for the Project that must be abated, the
County will hire consultants and contractors as necessary to perform the necessary abatement of
the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any
such abatement required may be accomplished under a separate project or may be included in the
Project.
The County will investigate and exhaust all available options for payment of costs incurred
related to the aforereferenced Phase II ESA. This includes, but is not limited to, responsible
parties and governmental agencies. The City hereby agree to reimburse the County fifty (50)
percent of all costs incurred by the County for the completion of the aforereferenced
environmental work performed on parcels associated with this Project for which the County does
not receive reimbursement from other sources.
19
Agreement No. PW 59-10-07
CSAH 136; C.P. 0524
VII
After an award by the County to the successful bidder on the Project, the County shall
invoice the City for ninety five (95) percent of the estimated City share in the contract
construction and engineering costs for the Project. Payments shall be made to the County, in the
name of the Hennepin County Treasurer, by the City for the full amount due stated on the
invoices within forty five (45) days of the invoice date. Said estimated City share shall be based
on actual contract unit prices applied to the estimated quantities shown in the plans.
In the event the County Engineer or the County's staff determines the need to amend the
construction contract with a supplemental agreement or change order which results in an increase
in the contract amount for the Project, the City hereby agrees to remit within forty five (45) days
of notification by the County of said change an amount equal to ninety five (95) percent of the
estimated City share as documented in the supplemental agreement or change order.
The remainder of the City's share in the contract construction and engineering costs of the
Project, including additional costs resulting from supplemental agreements and change orders,
will be due the County upon the completion of the Project and submittal of the County Engineer's
final estimate for the Project to the City.
Upon final payment to the Project contractor by the County, any amount remaining as a
balance in the deposit account will be returned to the City, within 45 days, on a proportionate
basis based on the City's initial deposit amount and the City's final proportionate share of the
Project costs. Likewise, any amount due the County from the City upon final payment by the
County shall be paid by the City as its final payment for the construction costs of the Project
within forty five (45) days of receipt of an invoice from the County.
VIII
The County will supply the traffic signal cabinet, controller and control equipment, video
detection equipment, including the emergency vehicle preemption (EVP) cards, (County
Supplied Equipment) for the traffic control signal system installed as a part of said Project. The
City agrees to reimburse the County for its proportionate share of the costs of the County.
Supplied Equipment. Said proportionate share of the County Supplied Equipment shall be equal
to the City's proportionate share of the contract signal work. An estimate of the City's share of
County Supplied Equipment is incorporated into Exhibit "A". It is further agreed that said
estimate of the costs of County Supplied Equipment is an estimate and that the actual costs of
equipment as determined by the County Engineer shall govern in computing the total final
apportionment of cost participation by the City in the County Supplied Equipment.
The County will invoice the City separately for said County Supplied Equipment.
5 W�
20
Agreement No. PW 59-10-07
CSAII 136; C.P. 0524
Payment shall be made to the County by the City for the full amount due on said invoice within
forty five (45) days of the invoice date.
IX
The County, through its Roadside Enhancement Partnership Program (REPP), will
participate in a proportionate share of the construction costs for the burial of utilities within the
limits of the Project by Xcel Energy. Also the County, through its Roadside Enhancement
Partnership Program, will participate in a proportionate share of the construction costs for the
installation of pedestrian and street lighting within the limits of the Project by Xcel Energy.
It is understood that lines and facilities for local distribution of electrical energy will be
relocated underground within the limits of'the Project by Xcel Energy under a separate contract
with the City. The County, through REPP, will participate in a proportionate share of the costs to
underground said lines and facilities for local distribution of electrical energy. As set forth in the
County's Cost Participation Policy the County's proportionate share of the construction costs
eligible for this funding source shall be fifty (50) percent, and shall not exceed the amount of
$390,000.00 (based on a maximum County contribution of $300,000.00 per centerline mile).
Included in Exhibit "A" is the amount of $390,000.00, which represents the County's share of the
costs to underground Xcel Energy's facilities.
Similarly, it is understood that street and pedestrian lighting will be installed within the
limits of the Project by Xcel Energy under a separate contract with the City. The County,
through REPP, will participate in a proportionate share of the costs to design and install street
and pedestrian lighting. As set forth in the County's Cost Participation Policy the County's
proportionate share of the design and construction costs eligible for this funding source shall be
fifty (50) percent. Included in Exhibit "A" is the estimated amount of $210,000.00, which
represents the County's proportionate share of the costs to install street and pedestrian lighting
within the limits of the Project.
KI
The proportionate shares of the various costs associated with said Project have been
identified and set forth in Articles III through IX of this Agreement. All of the aforereferenced
costs are included in tabular format in Exhibit "A". As summarized in Exhibit "A", the
estimated amount that the County is to pay to the City as a result of this Agreement is
$600,000.00, the estimated amount that the City is to pay the County as a result of this
Agreement is $3,128,745.00. It is understood and agreed that said payment amounts are estimates
and that the actual payment amounts shall be based on actual costs and contract unit prices, as
specified elsewhere throughout this Agreement.
6- \i—V1 �_.
21
Agreement No. PW 59-10-07
CSAH 136; C.P. 0524
XI
All payments to the City must be postmarked by the date due or a late penalty of one (1)
percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The
County shall pay the amount due as stated of such amount. Should a disputed amount be
resolved in favor of the County, the City shall reimburse the disputed amount plus daily interest
thereon calculated from the date such disputed amount was received by the City. Daily interest
shall be at the rateof one (1%) percent per month on the disputed amount.
All payments to the County must be postmarked by the date due or a late penalty of one (1)
percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The
City shall pay the amount due as stated on the statement; notwithstanding any dispute of such
amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse
the disputed amount plus daily interest thereon calculated from the date such disputed amount
was received by the County. Daily interest shall be at the rate of one (I%) percent per month on
the disputed amount.
XII
All records kept by the City and the County with respect to the Project shall be subject to
examination by the representatives of each party hereto.
XIII
The County reserves the right not to issue any permits for a period of five (5) years after
completion of the Project for any service cuts in the roadway surfacing of the County Highways
included in said Project for any installation of underground utilities which would be considered
as new work; service cuts shall be allowed for the maintenance and repair of any existing
underground utilities.
XIV
As part of the Project, "No -Parking" signs shall be installed as represented in the plans and
the City, at their expense, shall provide the enforcement for the prohibition of on -street parking
on those portions of CSAH 136 constructed under this Project recognizing the concurrent
jurisdiction of the Sheriff of Hennepin County.
Any modification of the above parking restrictions shall not be made without first
obtaining a resolution from the Hennepin County Board of Commissioners permitting said
modification.
It is further agreed that the City shall, at their own expense, remove and replace City
-7- \W=
22
Agreement No. PW 59-10-07
CSAH 136; C.P. 0524
owned signs that are within the construction limits of said Project if requested by the County's
Project Engineer.
XV
The City agrees that any municipal license required to perform electrical work within the
City shall be issued to the Contractor or the County at no cost to the Contractor or the County.
Electrical inspection fees shall not be more than those established by the State Board of
Electricity in the most recently recorded Electrical Inspection Fee Schedule.
XVI
The City shall install, cause the installation of, or perpetuate the existence of an adequate
three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic
control signal, flasher and integral street lights included in the Project at the sole cost and expense
of the City. Further, the City shall provide the electrical energy for the operation of the said traffic
control signal, flasher and integral streetlights at its sole cost and expense.
XVII
The City shall not revise by addition or deletion, nor alter or adjust any component, part,
sequence, or timing of the aforesaid traffic control signal, however, nothing herein shall prohibit
prompt, prudent action by properly constituted authorities in situations where a part of such
traffic control signals may be directly involved in an emergency.
XVIII
Upon completion of this Project, the County shall thereafter maintain and repair the traffic
control signal system installed as a part of said Project, all at the sole cost and expense of the
County. Said maintenance shall include all EVP components. Further, the County, at its
expense, shall maintain 110 -volt power to the line side of the fuse in the base of the signal poles
for the integral streetlights. The City, at its expense, shall maintain the fuse, the luminary and the
wire to the load side of the fuse in the base of the signal poles.
The EVP Systems provided for herein shall be installed, operated, maintained or removed
in accordance with the following conditions and requirements:
Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will
provide the County Engineer or his designated representative a list of all such vehicles
with emitter units.
8 -W�
23
Agreement No. PW 59-10-07
CSAH 136: C.P. 0524
2. Malfunctions of EVP Systems shall be reported to the County immediately.
3. In the event said EVP Systems or components are, in the opinion of the County, being
misused or the conditions set forth herein are violated, and such misuse or violation
continues after receipt by the City of written notice thereof from the County, the County
shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this
paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads,
indicator lamps and all other components shall become the property of the County.
4. All timing of said EVP Systems shall be determined by the County.
XIX
Upon completion of the Project, the City shall thereafter continue to maintain and repair
that portion of CSAH 136 reconstructed under the Project, according to the provisions set forth
in the agreement which is re -written periodically between the City and the County providing for
the maintenance of County owned roadways within the corporate limits of the City.
It is understood and agreed that upon completion of any and all improvements proposed
herein, all fencing, railings, water distribution system components, sanitary sewer systems,
concrete sidewalk, concrete driveway, lighting and all municipal street construction included in
said improvement shall be the property of the City and all maintenance, restoration, repair,
replacement or other work or services required thereafter shall be performed by the City at no
expense to the County.
Notwithstanding the maintenance responsibilities of the City as specified in the previous
paragraph, it is further understood and agreed that upon completion of any and all improvements
proposed herein, all streetscape, landscaping and associated landscaping structures shown in the
plans for the Project, shall become the responsibility of the City and all maintenance, restoration,
repair, replacement or other work or services required thereafter shall be performed by the City at
no expense to the County. It is further understood and agreed that said streetscape, landscaping
and associated landscaping structures shall be maintained by the City in accordance with the
attached "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS -
TRANSPORTATION DIVISION; RECOMMENDED URBAN LANDSCAPE/STREETSCAPE
GUIDELINES" (marked Exhibit "B") which by this reference is made a part hereof.
It is further understood and agreed that upon completion of the Project, the City, at their
sole cost and expense, will perform all routine maintenance on the retaining walls and retaining
wall fencing constructed as a part of the Project. In the event, at any time in the future, that the
retaining walls constructed as a part of the Project for highway purposes are rehabilitated and/or
replaced, the County will be responsible for the costs of rehabilitation and/or replacement of said
retaining walls and integral retaining wall fencing.
-9- M—L-
24
Agreement No. PW 59-10-07
CSAH 136; C.P. 0524
Upon completion of the Project the County shall, at its own cost and expense, retain
ownership and maintenance responsibilities for those portions of the roadway storm sewer
drainage system functioning as catch basins and associated lead pipes that are within or between
the outermost curb lines of the County roadway as well as those within the radius return limits of
intersecting municipal streets. All other components of the roadway storm sewer drainage system,
constructed as a part of this Project including but not limited to all trunk lines, drainage structures,
ponds, storm water treatment structures, storm interceptors and cross road culverts, shall become
the property of the City and shall be maintained by the City.
All questions of maintenance responsibilities that may arise shall be jointly resolved by the
City Engineer and the County's Operations Division Engineer.
It is hereby understood that the County requires an operational clear zone behind the face
of curb for storage of snow removed from County roadways. The City hereby agrees that the
City shall be responsible for the removal of any snow that may be placed on the sidewalks and/or
pedestrian/bicycle paths within the operational clear zone, as a result of the County's snow
removal operations on CSAH 136 within the limits of the Project. This paragraph is not intended
to confer a benefit upon any third parry and the City's decision to remove snow from the
sidewalk and/or paths shall be made by the City in its sole discretion pursuant to its policy on
removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails.
XX
The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
agents, volunteers and employees, from any liabilities, claims, causes of action, judgments,
damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or
indirectly from any act or omission of the City, its contractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable for related
to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined
City owned improvements constructed as part of said Project. The City's liability shall be
governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
The County agrees to defend, indemnify, and hold harmless the City, its officials,
officers, agents, volunteers, and employees from any liability, claims, causes of action,
judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting
directly or indirectly from any act or omission of the County, its contractors, anyone directly or
indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable
related to the ownership, maintenance, existence, restoration, repair or replacement of the afore
defined County owned improvements constructed as part of said Project. The County's liability
shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
-10- \LA—
25
Agreement No. PW 59-10-07
CSAR 136; C.P. 0524
XXI
Each party agrees that it will be responsible for its own acts and the results thereof, to the
extent authorized by the law, and shall not be responsible for the acts of the other party and the
results thereof. The County's and the City's liability is governed by the provisions of Minnesota
Statutes, Chapter 466.
The County and the City each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance or self-insurance program.
XXII
It is further agreed that any and all employees of the City and all other persons engaged by
the City in the performance of any work or services required or provided for herein to be
performed by the City shall not be considered employees of the County, and that any and all
claims that may or might arise under the Minnesota Economic Security Law or the Workers'
Compensation Act of the State of Minnesota on behalf of said employees while so engaged and
any and all claims made by any third parties as a consequence of any act or omission on the part
of said employees while so engaged on any of the work or services provided to be rendered
herein shall in no way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in
the performance of any work or services required or provided for herein to be performed by the
County shall not be considered employees of the City, and that any and all claims that may or
might arise under the Minnesota Economic Security L,aw or the Workers' Compensation Act of
the State of Minnesota on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said employees
while so engaged on any of the work or services provided to be rendered herein shall in no way
be the obligation or responsibility of the City.
XXIII
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Ilennepin County Engineer or designated
representative shall manage this Agreement on behalf of the County and serve as liaison between
the County and the City.
In order to coordinate the services of the City with the activities of the County and the City
so as to accomplish the purposes of this Agreement, the City Engineer or designated
representative shall manage this Agreement on behalf of the City and serve as liaison between
the City and the County.
-11-
26
Agreement No, PW 59-10-07
CSAH 136; C.P. 0524
XX] V
The County Engineer or designated representative will prepare weekly progress reports for
the Project as provided in the specifications. Copies of these reports will be furnished to the City
upon request.
XXv
It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement signed
by the parties hereto.
XXv]
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating
to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin
County shall be considered a part of this Agreement as though fully set forth herein.
(this space left intentionally blank)
- 12- jA/ 1-
Agreement No, PW 59-10-07
CSAI-I 136; C.P.0524
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year first above written.
CITY OF ST. ANTHONY
(Seal) By:_
Mayor
Date:
And:
Manager
COUNTY OF HENNEPIN
ATTEST:
Bv:
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FORM:
IN
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
By:
Chair of its County Board
Date:
And:
County Administrator
13-
Assistant County Administrator, Public
Works
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Department and
County Engineer
—W�
27
DIVISION OF COST SUMMARY
HENNEPIN COUNTY PROJECT NO 0524
CSAH 136 (SILVER LAKE ROAD)
FROM SAINT ANTHONY BOULEVARD TO 37TH AVENUE NE
CONTRACT CONSTRUCTION
ROADWAY
STORM SEWER
SANITARY SEWER AND WATERMAIN REPLACEMENT
LANDSCAPING
CONTRACT CONSTRUCTION SUBTOTAL
ENGINEE=RING
CONSTRUCTION(4)
COUNTY SUPPLIED EQUIPMENT
TRAFFIC SIGNAL EQUIPMENT(3)
RIGHT OF WAY
PERM. HIGHWAY, WALL, LIGHT, AND TEMP. EASEMENTS
UTILITY RELOCATIONS
XCEL ENERGY UNDERGROUNDING(1)
PEDESTRIAN AND STREET LIGHT INSTALLATION
PEDESTRIAN AND STREET LIGHTING(2)
PROJECT COST TOTAL =
mm
8,452,478 $ 5,323,733 $ 3,128,745
(1) BASED ON XCEL ENERGY ESTIMATE. WITH FUNDING AT THE 50% LEVEL $888,702/2 = $444,351, BUT FUNDING IS CAPPED AT
$300,000 PER CENTERLINE MILE. PROJECT HAS 1.3 CENTERLINE MILES. COST AMOUNT SHOWN IS MAXIMUM ALLOWED PER
POLICY BASED ON CENTERLINE MILES.
(2) XCEL ENERGY OUTDOOR LIGHTING. XCEL ENERGY TO INSTALL VIA A SEPARATE CONTRACT BETWEEN CITY AND XCEL
ENERGY.
(3) 50% CITY/50% COUNTY.
(4) COMPUTED AS 8 PERCENT OF THE SANITARY SEWER AND WATERMAIN REPLACEMENT CONTRACT CONSTRUCTION.
(8% X $1,470,959 = $117,677)
0524 Div Cost CSAH 136.xls
I Iennepin County Agreement No. PW 59-10-07
Exhibit "A"; Sheet 1 of 5 ��
TOTAL
ESTIMATED
COST
HENNEPIN
COUNTY
SAINT ANTHONY
VILLAGE
$
4,504,714
$
4,005,904
$
498,811
$
390,356
$
390,356
$
-
$
1,470,959
$
1,470,959
$
15,070
$
4,973
$
10,097
$
6,381,099
$
4,401,233
$
1,979,866
$
117,677
$
117,677
$
45,000
$
22,500
$
22,500
$
600,000
$
30000
$
300,000
$
888,702
$
390,000
$
498,702
$
420,000
$
210,000
$
210,000
8,452,478 $ 5,323,733 $ 3,128,745
(1) BASED ON XCEL ENERGY ESTIMATE. WITH FUNDING AT THE 50% LEVEL $888,702/2 = $444,351, BUT FUNDING IS CAPPED AT
$300,000 PER CENTERLINE MILE. PROJECT HAS 1.3 CENTERLINE MILES. COST AMOUNT SHOWN IS MAXIMUM ALLOWED PER
POLICY BASED ON CENTERLINE MILES.
(2) XCEL ENERGY OUTDOOR LIGHTING. XCEL ENERGY TO INSTALL VIA A SEPARATE CONTRACT BETWEEN CITY AND XCEL
ENERGY.
(3) 50% CITY/50% COUNTY.
(4) COMPUTED AS 8 PERCENT OF THE SANITARY SEWER AND WATERMAIN REPLACEMENT CONTRACT CONSTRUCTION.
(8% X $1,470,959 = $117,677)
0524 Div Cost CSAH 136.xls
I Iennepin County Agreement No. PW 59-10-07
Exhibit "A"; Sheet 1 of 5 ��
COUNTY/CITY
ACCOUNTS PAYABLE / RECEIVABLE SUMMARY
Payable to City by
Item County
Contract Construction
Roadway
Storm Sewer
Sanitary Sewer & Watermain
Landscaping
Construction Administration
County Supplied Signal Equip.
Right of Way
Utility Undergrounding $390,000
Pedestrian & Street Lighting" $210,000
TOTALS
$600,000
Payable to County
by City
$498,811
$0
$1,470,959
$10,097
$117,677
$22,500
$300,000
$2,420,044
29
Hennepin County Agreement No. PW 59-10-07
Exhibit "A"; Sheet 2 of 5 �/�
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R' f
DEPARTMENT OF PUBLIC WORKS
TRANSPORTATION DIVISION
RECOMMENDED URBAN LANDSCAPE/
STREETSCAPE GUIDELINES
ansportation Division Engineer
Revision No. 0 Date 04/03/95
APRIL, 1995
33
Hennepin County Agreement No, PW 59-10-07
Exhibit "B'; Sheet 1 of 8 \pj
April 3, 1995
TABLE OF CONTENTS
34•
Paqe
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . 1
RECOMMENDED GUIDELINE CRITERIA . . . . . . . . . 1
° Boulevard . . . . . . . . . . . . . . . . . . . . . . . . . 1
• Crosswalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
® Curb . . .
Irrigation . . . . . . 2
Landscaping/Streetscaoina , , , , . Z
° Medians . . .
Operational Clear Zone . . . . . . . . . . . . . . . . . . 3
° Right of Way . . . . . . . . . . . . . . . . . . . . . . . . . . 3
° Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Signals, Signing and Other Traffic Control Devices . . . . . . . . 4
• Snow Storage . . . . . . . . . . . . . . . . . . . . . . . . 4
• Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . 4
Trees . .
5
Utilities . . ,
PERMITS . . . . . .
5
FIGURE I . . . . .
Hennepin County Agreement No. PW 59-10-07
«'
Exhibit "B"; Sheet 2 of 8 w
April 3, 1995
HENNEPIN COUNTY
DEPARTMENT OF PUBLIC WORKS
TRANSPORTATION DIVISION
RECOMMENDED URBAN
LANDSCAPE/STREETSCAPE GUIDELINES
APRIL, 1995
INTRODUCTION
Hennepin County Department of Public Works' Transportation Division (Division)
has as a delegated function and responsibility to maintain a system of
roadways that provide transportation for residents of the County in a safe,
efficient manner. Year around safety requires adequate sight distances and a
minimum operational clear zone that can also accommodate snow storage. The
Division has prepared this Recommended Urban Landscape/Streetscape Guidelines
(Guidelines) to more consistently and thoroughly respond to questions about
urban landscape/ streets cape design practices.
All landscape/streetscape plans must be prepared and signed in accordance with
the Board of Architecture, Engineering, Land Surveying, Landscape Architecture
and Interior Design. The City Engineer shall also approve and sign the title
or cover sheet for those landscape/streetscape plans. The City Engineer must
also evaluate sight distances along the project and assure the Division,.in a
report, that sight distances are adequate.
The placement of obstacles or fixed objects, such as structures, trees, etc.,
within Hennepin County's right of way shall be cause for the Municipality to
assume legal liability and additional maintenance responsibility through a
Cooperative Agreement.
RECOMMENDED GUIDELINE CRITERIA
The following is an alphabetical listing of the Division's recommended
guidelines for land scape/streetscape design. The criteria listed is not all
inclusive or necessarily complete. Requests for more clarification should be
addressed to the Division Engineer or his/her designee. Figure 1 at the end
of this document contains a summarization of the recommended operational clear
zone guidelines.
► Boulevard
The Division prefers a low maintenance boulevard. Snow and ice control
methods may prevent the survival of some desired vegetation. The .
Municipality has the responsibility for mowing and the maintenance of
facilities behind the curb.
- i -
35
Hennepin County Agreement No. PW 59-10-07
Exhibit "B".; Sheet 3 of 8 W �-
April 3, 1995
• Crosswalks
Crosswalks shall conform to the Minnesota Manual on Uniform Traffic Control
Devices (MMUTCD).
The County's standard crosswalk is a block type pattern, painted white, on
top of bituminous or concrete pavement. Municipalities have the responsi-
bility to maintain pavement crosswalk markings, after the initial painting.
Non-standard crosswalk surfaces (such as decorative brick, colored
aggregate, etc.) shall require prior approval by the Division.
Municipalities shall have the responsibility to install and maintain any
crosswalk surface, as well as the abutting material, if the crosswalk
surface is not consistent with the road surface. The municipality shall
also indemnify the County for the use of a non-standard crosswalk surface.
Curb
Curb design must conform to Hennepin County's Standard Design and the State
Aid manual. Curb and pedestrian ramps must comply with the Americans With
Disabilities Act (ADA).
• rrriaation
Water from irrigation systems shall not flow or spray onto the traveled .
roadway or onto any County owned structures such as traffic signal
components and signage. Concrete gutters shall collect excess water from
irrigation systems and not allow water to flow across roadways (gutter in).
Effects of subgrade saturation shall be addressed when irrigation systems
are proposed. Provisions, such as perforated pipe, shall be included for
the pickup and disposal of irrigation water.
The Division will not allow an open cut for installation or maintenance of
irrigation piping within three years of construction, so consideration
should be given to installing irrigation piping within a sleeve for roadway
crossings. Maintenance and repair of the irrigation system is the
responsibility of the owner.
• Landscaping/Streets caping
Roadway geometrics and driver sight distances shall be considered when
installing landscape items. A report indicating adequate sight distances
have been maintained is required for all access points along the project.
The report should consider all elements obstructing a driver's vision such
as trees, shrubs, plantings/planters, .structures, etc.
Any loose landscaping material, such as bark, must have an adequate means
of containment that will prevent the material from spilling onto the
roadway or sidewalk. The Municipality shall be responsible for maintaining
such material, if installed, and for removing the material from the roadway
or sidewalk if the material spills onto those surfaces. Loose landscape
rock is not permitted within Hennepin County's right of way because of
problems caused during mowing, etc.
-2-
36
1-lennepin County Agreement No. PW 59-10-07
Exhibit "B"; Sheet 4 of 8 W
April 3, 1995
37 .
The Municipality or owner has the responsibility to trim all plantings and
to maintain visibility.
Hennepin County's responsibility for landscape/streetscape restoration,
after any County activity, shall be limited to top soil, sod or seed.
Restoration of specialty landscape/streetscape items, sidewalks and
plantings shall be the responsibility of others.
The Division prefers traffic control signage to be located behind the
sidewalk. Landscape/streetscape should not obstruct the view of signage.
Landscape/streetscape should make allowances for placement or future
expansion of utilities within the right of way.
Traffic control during maintenance of landscaping shall comply with MMUTCD
for traffic control.
• Medians
The Division can supply typical design standards for raised and depressed
medians. Median drainage is a concern of the Division and should be
discussed with the Division's Design Section. The Division's guideline
does not allow planting trees within the median unless there is the minimum
operational clear zone for the posted speed limit (see Operational Clear
Zone).
Plantings, including raised planting beds, in medians shall not be higher
than 3 feet from the bottom of the curb gutter line, however, sight lines
must still be checked. Plantings should be kept as far back from the face
of curb as possible to minimize disturbance due to snow plowing (see also
Irrigation). If the Municipality proceeds with placing plantings within
Hennepin County right of way, then the Municipality has the responsibility
to trim plantings to maintain sight lines.
• Operational clear Zone
To facilitate the safe operation and maintenance of a roadway facility, an
operational clear zone is required. Encroachment into the operational
clear zone causes safety and maintenance concerns.
The Division standard provides an operational clear zone of 6 feet from the
face of curb where posted speeds are 35 miles per hour (MPH) or less. For
speeds greater than 35 MPH to 45 MPH, the Division standard provides a 10
foot operational clear zone. The required operational clear zone for
speeds over 45 MPH shall be analyzed on an individual basis by the Division
(see Figure 1).
• Right of Wav
Streetscape/landscape items within the County's right of
for the public and owned by the Municipality. Hennepin
allow private enhancements within the County's right of
-3
way are reserved.
County does not
way.
I
Hennepin County Agreement No. PW 59-10-07
Exhibit "B"; Sheet 5 of 8 \Aj �_
April 3, 1995
• Sidewalks.
The Division recommends a sidewalk with a minimum 5 foot width and prefers
the sidewalk be placed 6 feet from the face of curb to accommodate snow
storage.
9 Signals. Signing and Other Traffic Control Devices
All traffic control devices must comply with MMUTCD.
For urban cross sections, the Division recommends traffic signs be placed
at least 6 feet from the face of curb to the edge of sign. Sign placement
is preferred behind the sidewalk. The location of utilities should be
considered with regard to future sign placement. In areas where there is
no sidewalk, clearance to the signage should be at least 6 feet from the
curb or edge of shoulder to allow for snow storage and/or future
sidewalk(see Snow Storage).
Lands cape/street scape should not obstruct the view of signage..
Traffic signals shall have the Division's
other color scheme requires prior review
require the Municipality to maintain the
Division. Lead based paint shall not be
current Mn/DOT specifications.
i Snow Storage
standard type and color. Any
and approval by the Division and
paint system at no cost to the
used. Paint must comply with
The Division requires minimum operational clear zones for snow storage
along the -side of the road based on the posted speed limit. The
requirement of an operational clear zone for snow storage,allows the
Division .to.efficiently clear roads of snow and help maintain the road's
traffic carrying capacity. Inadequate snow storage will reduce lane
widths., adversely affect traffic handling capacity of the road and prevent
trucks from using the partially blocked traffic lane. Roads that are not
cleared of snow along the curb to the storm drain can also cause drainage
problems when the snow melts.
The Division may require that the Municipality obtain an easement if there
is inadequate snow storage available within the right of way as a result of
landscape/streetscape structure placement. In areas where
landscape/streetscape structures cause inadequateroom to store snow off
the road, the Municipality will be required to either move or haul away the
snow (see Introduction for legal liability and maintenance requirements).
C Street Lighting
Street lighting must be functional and meet appropriate standards for
illumination. Special consideration should b� given to eliminating glare
and shadows. Questions on lighting should b. rererred to the Division's
Design Section.
-4-
ME
Hennepin County Agreement No, PW 59-10-07
Exhibit "B'; Sheet 6 of 8 VIi
April 3, 1995
® Trees
Trees, in general, can obstruct the view of.signs and signals. Prior to
the placement of any tree, sight lines should be evaluated that includes
consideration for fully mature trees and their canopies.
The Division standard does not sanction the planting of trees on County
right of way within the operational clear zone (see Operational Clear
Zone).
Planting coniferous trees is discouraged within Hennepin. County's right of
way.
Tree grates in sidewalks or paved areas, unless properly installed and
maintained, can be a hazard to pedestrians, people with disabilities, and
snow removal operations, etc. The Municipality assumes all liability for
the placement of any tree grates or other obstacles within the County's
right of way.
Irrigation, if deemed necessary, should be limited to a trickle type system
(see Irrigation).
The Division does not contribute to the replacement of any
streetscape/landscape alteration as a result of any highway maintenance,
modification or utility work..
• Utilities
Underground utilities that do not extend above the surface may be placed
within the County's operational clear zone. Above ground utilities,
however, should be placed outside the County's operational clear zone.
PERMITS
The Division's Permit Office shall be informed of all construction or
maintenance work within the County's road right of way. Traffic Control and
time of work must be approved by the Division prior to beginning any work.
(Example: Parking in a traffic lane during rush hour is not allowed.)
-5-
39
�I-Iennepin County Agreement No, PW 59-10-0-7
Exhibit "B"; Sheet 7 of 8 w �—
FIGURE 1
HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS
TRANSPORTATION DIVISION
RECOMMENDED LANDSCAPE / STREETSCAPE GUIDELINES
TYPICAL ROADWAY CROSS SECTION
PLACEMENT OF TREES,
TRAFFIC LANE MINIMUM_ UTILITIES,_FIXED OBJECTS. ETC.
2' GUTTER OPERATIONAL
CLEAR ZONE „
AND SNOW
STORAGE
RECOMMENDED PLACEMENT OF SIGNS
F--
BOULEVARD
FACE OF CURB
POSTED SPEED LIMIT MINIMUM OPERATIONAL CLEAR ZONE
35 M.P.H. OR LESS 6 FOOT (FROM THE FACE OF CURB)
GREATER THAN 35 M.P.H. TO 45 M.P.H. 10 FOOT (FROM THE FACE OF CURB)
GREATER THAN 45 M.P.H. ANALYZED ON AN INDIVIDUAL
BASIS BY THE DIVISION.
APRIL 1995
6
Hennepin County Agreement No. PW 59-10-07
Exhibit "B'; Sheet 8 of 8 \A,/ L
CITY OF ST. ANTHONY
RESOLUTION 08-015
A RESOLUTION AUTHORIZING THE CTTY OF ST. ANTHONY
TO ENTER A CONSTRUCTION COOPERATIVE AGREEMENT
WITH HENNEPIN COUNTY FOR THE RECONSTRUCTION OF
SILVER LAKE ROAD
WHEREAS, Hennepin County has prepared final plans and specifications for the
reconstruction of Silver Lake Road between St. Anthony Boulevard and 37"'
Avenue NE:
WHEREAS, Hennepin County has prepared Agreement No. PW 59-10-07 for County Project
No. 136,
WHEREAS, This agreement estimates the total cost of the project to be $8,452,478, with the
City of St. Anthony contributing $3,128,745,
WH]REAS, These costs will be revised to reflect the actual bid and construction costs for
Silver Lake Road.
NOW, THEREFORE, BE 1T RESOLVED, by the City Council of the City of St. Anthony:
Authorizes City staff to enter into Agreement No. 59-10-07 with Hennepin
County for the reconstruction of Silver Lake Road between St. Anthony
Boulevard and 37t" Avenue.
2. The City Council approves the final layout and design of Silver Lake Road as
prepared by Hennepin County for construction in 2008.
Adopted this 12"' day of February, 2008.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
k11626-18L1dnrirdResohrtioslRBS 08-015doe
41
A
WJB
& Associatet, Lm.
February 6, 2008
Infrastructure n Engineering ■ Planning n Construction
Honorable Mayor, City Council, and Staff
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: Engineer's Update
Dear Honorable Mayor, City Council and Staff:
42
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 541-4800
Fax: 763 541.1700
This letter is intended to provide you with an update on various engineering projects currently underway
within the City of St. Anthony. Please find outlined below the current projects and the status of each:
2007 Street Reconstruction Project
The 2007 Sheet Reconstruction Project reached substantial completion in the fall of 2007. The
contractor will return this spring to complete any unfinished business and to address all punch list
items, including bad sod, settlements in yards, and to place a second lift of asphalt on city streets.
We can anticipate the second lift of asphalt to occur sometime after May 15.
2. Automated Water Meter Replacement Program
This project is nearing completion. There are only a handful of meters left to be installed within the
City of St. Anthony Village and the remainder of those are special locations requiring specialized
meters. Since our last update, the City can now read more than 2,100 meters, and we anticipate the
remainder of the meters to be read within the next month and a half.
Any meters which are not read within the next month and a half will require either replacement of
the transmitter or relocating the transmitter at the individual homes to improve its transmission.
We will continue to track the progress of this program and report to the Council.
3. Silver Lake Road
We anticipate the City and County to hold an open house in March or early April. 'Phis open house
will discuss the design, schedule and access issues associated with reconstructing Silver Lake Road.
4. Water Reuse Project
The water reuse project is currently in final design and we estimate construction to begin in May of
2008, concurrent with the Silver Lake Road project.
FIWPWINILo,AWa(et*Ref'Oa!'CesIIdNGR Updale020508.doe
Engineer's Update
February 6, 2008
Page 2
If you have any questions, I will be available at your February 12 Council meeting, or feel free to call me at
763-287-7182.
Sincerely,
WSB & Associates, Ine.
Todd E. Hubmer, PE
FIWPWIMLori1Wa1er ResovtnesUYNGR Update 020508.doe
Fj1
A
WSB
Infrastructure ■ Engineering n Planning n Construction
December 28, 2007
The Honorable Mayor, City Council, and Staff
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 5414800
Fax: 763 541-1700
Re: Master Partnership Contract Between the City of St. Anthony and the
Minnesota Department of Transportation
Dear Honorable Mayor, City Council and Staff:
Attached please find a Resolution for your consideration adopting a Master Partnership Contract
between the City of St. Anthony and the Minnesota Department of Transportation. The existing
contract between the City of St. Anthony and the Minnesota Department of Transportation will
expire on December 31, 2007.
The attached contract is anticipated to cover a 5 -year period and would allow the City of St.
Anthony to request services under an agreement with Mn/DOT as services are needed.
We recommend the City of St. Anthony adopt the following Resolution in anticipation that some of
the services provided by Mn/DOT will be needed by the City within the next 5 years. If you have
any questions, please feel free to call me at 763-287-7182.
Sincerely,
WSB & Associates, bee.
Todd E. IIubmer, PE
City Engineer
Enclosure
cc: Mike Morrison, City of St. Anthony
Jay Hartman, City of St. Anthony
lh
K\1626-22\Admin\Resolutions\LTR-lino-122807.doc
001
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MODOT Contract Number
CPMS Contract No.
STATE OF MINNESOTA
AND CITY Or ST. ANTHONY
MAS`i ER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter
referred to as the "State and the City of ST. ANTHONY acting through it's City Council, hereinafter referred to as the
"Local Government".
Recitals
1. Tile parties are authorized to enter into this agreement pursuant to Minnesota Statutes §§15.061, 471.59 and 174.02.
2. Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with mid cooperate with any governmental authority for the purposes of constructing, maintaining and
improving the trunk highway system.
3. Each party to this Contract is a "road authority" as defined by Minnesota Statutes §160.02 (subd. 25).
4. Minnesota Statutes Section 161.39, subdivision L authorizes a road authority to perform work for another road
authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying,
preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minnesota Statues §174.02 (subd. 6) authorizes the Commissioner of Transportation to enter into agreements with
other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation -related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally procure services from the other patty, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework
for the efficient handling of such requests. This Master Partnership Contract contains terms generally governing the
relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise
specified herein) enter into a "Work Order" contracts.
7. Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into
"Work Order" contracts. These will Work Orders will specify the work to be done, timelines for completion, and
compensation to be paid for the specific work.
8. The parties are entering into this Master Partnership Contract to establish terms that will govern all of the Work
Orders subsequently issued under the authority of this Contract.
Master Contract
1 Term of Master Contract
1.1 Effective Date: This contract will be effective on the date last signed by the Local Government, and all State
officials as required under Minn. Stat. § 16C.05, subd. 2.
A party must not accept work under this Contract until it is fully executed.
1.2 Expiration Date. This Contract will expire five years after its effective date.
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1.3 Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Local Government) for each particular engagement. The work order contract will specify the detailed scope of
work and deliverables for that engagement. A party must not begin work under a work order until such work
order is fully executed. The terms of this Master Partnership Contract will apply to all work orders issued
hereunder, unless specifically varied in the work order. The Local Government understand that this Master
Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued
for work actually performed under fully -executed work orders.
1.4 Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all
work order contracts: 11. Liability; 12. State Audits; 13. Government Data Practices and Intellectual Property;
16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; and 21. Data Disclosure.
1.5 Exhibits. A sample work order contracts is attached and incorporatedinto this contract as Exhibit A.
2 Scope of WorlJDeliverables
2.1 A party may request the other party to perform any of the following services tinder individual work order
contracts.
2.11 Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minnesota Statutes § 16C.08 (subd. 1) professional/technical
services "means services that are intellectual in character, including consultation, analysis, evaluation,
prediction, planning, programming, or recommendation; and result in the production of a report or
complction of a task". Professional and technical services do not include providing supplies or materials
except as incidental to performing such services. Professional and technical services include (by way of
example and without limitation) engineering services, surveying, foundation recommendations and
reports, environmental documentation, right-of-way assistance (such as performing appraisals or
providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric
layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A
party will normally provide such services with its own personnel, however, a party's
professional/technical services may also include hiring and managing outside consultants to perform
work.
2.1.2 Routine Roadway Maintenance A party may provide routine roadway maintenance upon the request of
the other party. Routine roadway maintenance services may include, but are not limited to; lane or edge
striping, pavement message painting, sign repair, guardrail repair, carcass removal, or equipment repair.
Routine maintenance does not include roadway reconstruction. All services must be performed by an
employee with sufficient skills, training, expertise or certification to perform such work, and work must
be supervised by a qualified employee of the party performing the work.
2.1.3 Construction Administration. A party may administer roadway construction projects upon the request.
of the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle
pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the providing party's own forces, or the providing
party may administer outside contracts for such work. Construction administration may include letting
and awarding construction contracts for such work (including state projects" to be completed in
conjunction with local projects). All contract administration services must be performed by an employee
with sufficient skills, training, expertise or certification to perform such work.
2.2 When a need is identified, the State and the Local Government will discuss the proposed work and the resources
needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and
detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract
will be limited to one specific project/engagement, although "on call" work orders may be prepared for certain.
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MufDOT Contract Number____
CFMS Contract No.
types of services, especially for "routine roadway maintenance" items as identified section 2.1.2. The work order
will also identify specific deliverables required, and timeframes for completing work. A work order must be fully
executed by tite parties prior to work being commenced. The Local Government will not be paid for work
performed prior to authorization by the State.
3 Responsibilities of the Providing Party
The party requesting the work will be referred to as the "Requesting Party" and the party performing the work will be
referred to as the "Providing Party". Each work order will set forth particular requirements for that
project/engagement.
3.1 Terms Applicable to ALL Work Orders. The terms in this section 3.1 will apply to ALL work orders.
3.1.1 . Each work order will identify an Authorized Representative for each party. Each party's authorized
representative is responsible for administering the work order, and has the authority to make any decisions
regarding the work, and to give and receive any notices required or permitted under this Master Contract or
the work. order.
3.1.2 The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to
be in responsible charge of the project(s) and to supervise and direct the work to be performed
under each work order. For services not requiring an engineer, the Providing Party will furnish and assign
anotherrespmrsible employee to be in charge of the project. The services of the Providing Party under a
work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the
Requesting Party's authorized representative. This written consent will in no way relieve the Providing
Party from its primary responsibility for the work.
3.1.3 If the Local Government is the Providing Party, the Project Engineer may request in writing specific
engineering and/or technical services from the State, pursuant to Minnesota Statutes Section 161.39. Such
set -vices may be covered by other technical service agreements. If the State furnishes the services
requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for
the fall cost and expense of furnishing such services. The costs and expenses will include the current State
labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified
by audit.
3.1.4 Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a
project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract
is fully executed is considered unauthorized and undertaken at the risk of non-payment.
3. 1.5 In connection with the performance of this contract and any work orders issued hereunder, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party
is authorized or permitted to award contracts in connection with any work order, the Providing Party will
require and cause its contractors and subcontractors to comply with all Federal and State laws and
regulations.
3.2 Additional Terms for Routine Roadway Maintenance. The terms of section 3.1 and this section 3.2 will apply to
all work orders for routine roadway maintenance.
3.2.1 Unless otherwise provided for by agreement or work order, the Providing Party must obtain all permits and
sanctions that may be required for the proper and lawful performance of the work.
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3.2.2 The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals,
policies and operations.
3.2.3 The Providing Party must use State -approved materials, including (byway of example and without
limitation), sign posts, sign sheeting, and de-icing and anti -icing chemicals.
3.3 Additional Terms for• Constraction Adnunistration. The terms of section 3.1 and this section 3.3 will apply to all
work orders for construction administration.
3.3.1 Contract(s) must be awarded to the lowest responsible bidder in accordance with state law.
3.3.2 Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract
amount. The Providing Party will take all necessary action to make claims against such bonds in the event
of any default by the contractor.
3.3.3 Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota
Department of Transportation Standard Specifications for Construction.
3.3.4 For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State
harmless against any loss incurred with respect to the performance of the contracted work, and must be
required to provide evidence of insurance coverage commensurate with project risk.
3.3.5 Contractor(s) must pay prevailing wages pursuant to state law.
3.3.6 Contractor(s) must comply with all applicable Pederal,.and State laws, ordinances and regulations,
including but not limited to applicable human rights/anti-discrimination laws and laws concerning the
participation of Disadvantaged Business Enterprises in federally -assisted contracts.
3.3.7 The Providing Party may approve minor changes to the Requesting Party's portion of the project work if
such changes do not increase the Requesting Party's cost obligation under the applicable work order.
3.3.8 The Providing Party will not approve any contractor claims for additional compensation without the
Requesting Party's written approval; and the execution of a proper amendment to the applicable work
order when necessary. The Local Government will tender the processing and defense of any such claims
to the State upon the State's request.
3.3.9 The Local Government must.coordinate all trunk highway work affecting any utilities with the State's
Utilities Office.
3.3.10 The Providing Party must coordinate all necessary detours with the Requesting Party.
4. Responsibilities of the Requesting Party
4.1 After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its
possession relating to the project that may be of use to the Providing Party in performing the work.
4.2 All such data furnished to the Providing Party will remain the property of the Requesting Party and will be
promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract
(subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable
law).
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4.3 The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any
such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting
Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and
if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected
data. Delay in furnishing data will not be considered justification for an adjustment in compensation.
4.4 The.State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the
bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for
Highway Construction, that are different froth those required for State Aid construction.
4.5 The Requesting Party will perform final reviews and/or inspections of its portion of the project work. If the work
is found to have been completed in accordance with the work order contract, the Requesting Party will promptly
release any remaining funds due the Providing Party for the Project(s).
4.6 The work order contracts may include additional responsibilities to be completed by the Requesting Party.
5 Time
In the performance of project work under a work order contract, time is of the essence.
6 Consideration and Payment ,
6.1 Consideration, The Requesting Party will pay the Providing Party as specified in the work order.
6.2 State's Maximrnn Obligation. The total compensation to be paid by the State to the Local Govemntent under
. allwork order contracts issued pursuant to this Master Contract will not exceed $1 million.
6.3 Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing
Party's services, and unless otherwise specifically set forth in all applicable work order, the Providing Party will
not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing
any work order contract. hu those cases where the State agrees to reimburse travel expenses, such expenses will be
reimbursed in the same manner and in no greater amount than provided in tine current "Mn/DOT Travel
Regulations" a copy of which is on file with and available from the MuIDOT District Office. The Local
Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it
has received the State's prior written approval for such travel.
6.4 Payment.
6.4.1 Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order,
and will make prompt payment in accordance with Minnesota law.
6.4.2 Payment by the Local Government. The Local Government will make payment to the order of the
Commissioner of Transportation. IMPOR'T'ANT NOTE: PAYMENT MUST REFERENCE THE
"MN/DOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF TRIS CONTRACT.
Remit payment to the address below:
Mn/DOT
Attn: Cash Accounting
RE: Mn/DOT Contract Number (see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
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ME
ME
CPMS Contract No,
T -Number
6.4.3 Payment by the State.
6.4.3.1 Generally. The State will promptly pay the Local Government after the Local Government
presents an itemized invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services. Invoices must be submitted as specified in the
applicable work order, but no more frequently than monthly.
6.4.3,2 Relainage for Professional and Technical Services. For work orders for professional and technical
services, as required by Minn. Stat. § 16C.08, subd. 5(b), no more than 90 percent of the amount due
under any work order contract may be paid until the final product of the work order contract has been
reviewed by the State's authorized representative. The balance due will be paid when the State's
authorized representative determines that the Local Government has satisfactorily fulfilled all the
terms of the work order contract.
7 Conditions of payment
All work performed by the Providing Party under a work order contract must be performed to. the Requesting Party's
satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative
and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not
receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law.
Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order
Contracts
8.1 The Local Government's Authorized Representative for administering this master contract is the Local
Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's
performance. The Local Government's Authorized Representative is also authorized to execute work order
contracts on behalf of the Local Government without approval of each proposed work order contract by its
governing body.
8.2 The Local Government's Project Manager will be identified in each work order contract.
9 State's Authorized Representative and Project Manager
9.1 The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the
responsibility to monitor the State's performance.
9,2 The State's Project Manager will be identified in each work order contract.
10 Assignment, Amendments, Waiver, and Contract Complete
10.1 Assignment Neither patty may assign or transfer any rights or obligations under this Master Contract or any
work order contract without the prior consent of the other and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Master Contract, or their
successors in office.
10.2 Amendinertts. Any amendment to this master contract or any work order contract trust be in writing and will
not be effective until it has been executed and approved by the same parties who executed and approved the
original contract, or their successors in office.
10.3 Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party's right to subsequently enforce it.
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10.4 Contract Complete, This master contract and any work order contract contain all negotiations and
agreements between the State and the Local Government. No other understanding regarding this master
contract or any work order contract issued hereunder, whether written or oral, may be used to bind either
party.
11 Liability
Each party will be responsible for its own acts and omissions to the extent provided by law. The Local
Government's liability is governed by Minnesota Statutes chapter 466 and other applicable law. The State's
liability is governed by Minnesota Statutes section 3.736 and other applicable law. This clause will not be
construed to bar any legal remedies aparty may have for the other patty's failure to fulfill its obligationsunder
this master contract or any work order contract. Neither party agrees to assume any environmental liability on
behalf of the other party. A Providing Patty under any work order is acting only as a "Contractor" to the
Requesting Party, as the term "Contractor" is defined in Minnesota Statutes § l 1513.03 (subd. 10), and is entitled
to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act.
12 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the patties and by the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract.
13 Government Data Practices and Intellectual Property
13.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract
and any work order contact, and as it applies to all data created, collected, received, stored, used, maintained,
or, disseminated by the Local Government under this Master Contract and any work order contract. 'file civil
remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local
Government or the State.
13.2. lnteltectual Property /tights
13.2.1 latellectual Property Rights. The Requesting Patty will own all rights, title, and interest in all of
the intellectual property rights, including copyrights,.patents, trade secrets, trademarks, and service
marks in the Works and Documents created and paid for under work order contracts. Works
means all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing
Party, its employees, agents, and subcontractors, either individually orjointly with others in the
performance of this master contract or any work order contract. Works includes "Documents."
Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials,
whether in tangible or electronic forms, prepared by the Providing Party; its employees, agents, or
contractors, in the performance of a work order contract. The Documents will be the exclusive
Property of the Requesting Party and all such Documents must be immediately returned to the
Requesting Party by the Providing Party upon completion or cancellation of the work order
contract. To the extent possible, those Works eligible for copyright protection under the United
States Copyright Act wilt be deemed to be "works made for hire." The Providing Party
Government assigns all right, title, and interest it may have in the Works and the Documents to the
Requesting Party. The Providing Party must, at the request of the Requesting Patty, execute all
papers and perform all other acts necessuy to transfer or record the Requesting Party's ownership
interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Patty grants
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the Providing Patty an irrevocable and royalty -free license to use such intellectual for its own non-
commercial purposes, including dissemination to political subdivisions of the state of Minnesota
and to transportation -related agencies such as the American Association of State Highway and
Transportation Officials,
13.2.2 Obligations with Respect to Intellectual Property.
13.2.2.1 Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by the
Providing Party, including its employees and subcontractors, in the performance of the work order
contract, the Providing Party will immediately give the Requesting Party's Authorized
Representative written notice thereof, and must promptly furnish the Authorized Representative
with complete information and/or disclosure thereon.
13.2.2.2 Representation. The Providing Party must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain
any interest in and to the Works and Documents.
14 Affirmative Action
The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to
Minnesota Statutes §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an
affirmative action plan for the employment'of minority persons, women, and the qualified disabled, and submit such plan
to the Commissioner of the Minnesota Department of Human Rights_ In addition, when the Local Government lets a
contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the
following in the bid or proposal solicitation and any contracts awarded as a result thereof:
14.1 Covered Conti -acts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the
state where it has its principle place of business; then the Contractor must comply with the requirements of
Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. §
363A.36 because it employed more than 40 full-time employees in another state and does not have a
certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
14.2 Minn. Stat. § 363.073. Minn. Stat. §.363A.36 requires the Contractor to have an affirmative action plan
for the employment of minority persons, women, and qualified disabled individuals approved by the
Minnesota Commissioner of Flumau Rights ("Commissioner") as indicated by a certificate of compliance.
Time law addresses suspension or revocation of a certificate of compliance and contract consequences in that
event. A contract awarded without a certificate of compliance may be voided.
14.3 Minn. K. Parts 5000.3400-5000.3600.
14.3.1 General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules
include, but are not limited to, criteria for contents, approval, and implementation of affirmative
action plans; procedures for issuing certificates of compliance and criteria for' determining a
contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and
hearing; annual compliance reports; procedures for compliance review; and contract consequences for
non-compliance. The specific criteria for approval or rejection of an affirmative action plan are
contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to,
parts 5000.3420-5000.3500 and 5000.3552-5000.3559.
14.3.1.2 Disabled Workers. The Contractor must comply with the following affirmative action requirements
for disabled workers:
(1) Tile Contractor must not discriminate against any employee or applicant for employment because of
physical or mental disability in regard to any position for which the employee or applicant for
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employment is qualified. The Contractor agrees, to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled persons without discrimination based upon their
physical or mental disability in all employment practices such as the following: employment,
upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of
Human Rights issued pursuant to the Minnesota Human Rights Act.
(3) In the event of the Contractor's noncompliance with.the requirements of this clausei actions for
noncompliance may be taken in accordance with Minnesota Statutes Section 363A.36, and the rules
and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the conunissioner of the Minnesota Department of
Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified disabled employees and applicants for
employment, and the rights of applicants and employees.
(5) The Contractor must notify cacti labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by the
terms of Minnesota Statutes Section 363A.36, of the Minnesota Human Rights Act and is committed
to take affirmative action to employ and advance in employment physically and mentally disabled
persons.
14.3.2 Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or
make a.good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of
compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and
termination of all or pati of this contract by the Commissioner or the State.
14.3.3 Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363.073 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for
nonc6mpliance.
15 'Workers' Compensation
Each party will be responsible for its own employees for any workers compensation claims. This Master
Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government
employees under Minnesota Statutes § 15.53. To the extent that this Master Contract, or any work order issued
hereunder, is determined to be subject to Minnesota Statutes § 15.53, such statute will control to the extent of any
conflict between the Contract and the statute.
16 Publicity
16.1 Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party must identify the State as the sponsoring" agency and must not be released without prior
written approval from the State's Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Local Government individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from a work order contract.
162 Data Practices Act. Section 16.1 is not intended to override the Local Government's responsibilities under
the Minnesota Government Data Practices Act.
1013/2007
53
54
CFMS Contract No.
T -Number
17 Governing Law, Jurisdiction, mid Venne
Minnesota law, without regard to its choice -of -law provisions, governs this master contract and all work order
contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of
any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
18 Prompt Payment; Payment to Subcontractors
Tile parties must make prompt payment of their obligations in accordance with applicable law. As required by
Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the
Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar
days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by
the subcontractor(s) and must pay interest at the rate of one and one-half percent per month orally part of a month
to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
19 Minn, Stat. § 181.59 The Local Government will comply with the provisions of Minn. Stat. § 181.59 which
requires:
Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction sliall contain
provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the
performance of any work under any contract, or any subcontract, no contractor, material supplier, or
vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are
citizens of the United States or resident aliens who are qualified and available to perform the work to
which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any
manner, discriminate against, or intimidate, or prevent the employment of any person or persons
identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or
persons from the performance of work under any contract on account of, race, creed, or color; (3) That
a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated
by the state, county, city, town, school board, or any other person authorized to grant the contracts for
employment, and all money due, or to become due under tate contract, may be forfeited for a second
or any subsequent violation of the terms or conditions of this contract.
20 Termination
20.1 Termination by the State for Convenience. The State or commissioner of Administration ay cancel this
Master Contract and any work order contracts at any time, with or without cause, upon 30d I ays written
notice to the Local Government. Upon termination, the Local Government and the State will be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed.
20.2 Termination by the Local Government for Convenience. The.Local Government may cancel this Master
Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the
State. Upon termination, the Local Government and the State will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
20.3 Termination for Instcfficient funding. Tile State may immediately terminate this Master Contract.and any
work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if
funding.cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to the Local Government. The State is not obligated to pay for
any services that are provided after notice and effective date of termination. However, the Local
Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed
10/3/2001 - 10
CPMS Contract No.
T -Number
to the extent that funds are available. Tile State will not be assessed any penalty if the master contract or
work order is terminated because of the decision of the Minnesota legislature or other finding source, not to
appropriate funds. The State must provide the Local Government notice of the lack of funding within a
reasonable time of the State's receiving that notice.
21 Data Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Local Government consents to disclosure of its federal
employer tax identification number, and/or Minnesota tax identificatioin number, already provided to the State, to
federal and state tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any.
22 Defense of Claims and Lawsuits
If any lawsuit or claim is filed by a third patty (including but not limited to the Local Government's contractors
and subedutractors), arising out of trunk highway work performed pursuant to a valid work order issued under this
Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the
defense of such claims to the State or allow the State to participate in the defense of such claims . The Local
Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof,
when the claim or cause of action asserted is based on its own acts of omissions in performing or supervising the
work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative
dispute resolution process. 'file State will not be responsible for any judgment entered against the Local
Government, and will not be bound by the terms of any settlement entered into by the Local Government except
with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to
applicable law.
23 Additional Provisions
23.1 Foreign Outsourcing. If the Local Government lets a contract for professional/technical or other services
pursuant to any work order, the Local Government will require proposing vendors/bidders to disclose where
work will be performed, and will use the extent to which services will be. perforated in the United States as a
factor in determining the "best value" in awarding any such contract. It is the State's policy that state fronds
spent on contracts rettuain in the United States to the maximum extent possible.
[the balance of this page has intentionally been left blank]
1013/2007
55
56
LOCAL GOVERNMENT
The Local Government certifies that the appropriate person(s)
haveexec tted the contract on behalf of the Local Government as
required by applicable articles or bylaws.
By: --A --
Title: I Vt �A1/� ✓
--+----------------
CIMS Contract No.
T -Number
COMMISSIONER OF TRANSPORTATION
By:
(will] delegated authority) ----
Date:
COMMISSIONER OF ADMINISTRATION
As delegatul to Materials Management Division
By:
Date:
MnfDOT Contract Management
As to from & execution
13y: _
10!3/2007 12
Mn/DOT Agreement No. _Work Order 01
57
STATE OF MINNESOTA
WORK ORDER UNDER
MASTER PARTNERSHIP CONTRACT
State Project ('SP):
Project Identification: Services provided by State
CFMS Contract No. ----.NA
❑Payable by State
_® Receivable by State
Trunk Highway (TI1)r
This Work Order Contract is issued under the authority of State of Minnesota, Department of Transportation (Mn/DOT)
Master Partnership Contract No. listed above between the state of Minnesota acting through its Commissioner of
Transportation ("State") and City of St. Anthony, a political subdivision of the State of Minnesota ("Local Government")
and is subject to all applicable provisions and covenants of that Agreement which are incorporated herein by reference.
Work Order Contract
Article 1 Term of Work Order,Contract; Incorporation of Exhibits:
1.1 Effective date: This Work Order Contract will be effective on the date that all, required signatures are
obtained by State, pursuant to Minnesota Statutes Section 16C.05, subdivision 2. The
Providing Agency must not begin work under this Contract until ALL required
signatures have been obtained and the Providing Agency has been notified in
writing to begin such work by the Requesting Agency's Authorized Representative.
1.2 Expiration date: This Work Order Contract will expire on November 30, 2012, or when all obligations
have been satisfactorily fulfilled, which ever occurs first..
1.3 Exhibits: Exhibits A through B are attached and incorporated into this Work Order Contract.
Article 2 Nature of Work-, Remtestirre vld Providing Party'
2.1 The box(es) checked below indicate the nature of the work to be performed. See Section 2.1 of the Master
Partnership Contract for applicable definitions.
® Routine Roadway Maintenance (See Exhibit B)
® Professional And Technical Services (See Exhibit B)
❑ Construction Administration
2.2 The boxes checked below show which party is the "Requesting Party" and which party is the "Providing Party".
2.2.1 The Requesting Party is ❑ State ® Local Government
2.2.2 The Providing Party is ®State ❑ Local Government
Article 3 Scone of Work:
3.1 The Providing Party will perform services under this Work Order summarized generally as follows:
(Rev 09/26/07)
Mn/DOT Agreement No_` _Work Order_ tl 58
The State will provide transportation -related routine roadway maintenance and/or professional/technical services
to the Local Government. Examples of services are shown on Exhibit B.
Article 4 Deliverables by the Providing Party
4.1 Upon receipt of a written request form the Local Government, the State will evaluate the request and promptly
inform the Local Government if the State will perforin the work, either as submitted or with modifications. if
accepting the work, the State will identify a project manager for lite work to be performed. Any work assignment
accepted by tire State pursuant to this contract is subject to all teens and conditions of this contract.
4.2 After the State accepts a work assignment, the State will promptly perform the work in a professional manner and
in accordance with generally accepted government standards. If the Local Government deems that the work is not
proceeding in a satisfactory manner, the Local Government will bring such concerns to the State's Project Manager
in charge of the particular project. The Parties will endeavor to resolve any disputes concerning work under this
contract in the "lost informal and cost-effective spanner reasonably available.
Article 5 Itctns provided or completed by the Requesting Party
5.1 The Local Govermnent will submit a brief written request for any services to the State. The request may be in the
form of a letter or memorandum and may be transmitted by fax or email- A request may be made via telephone,
but will not be considered accepted unless acknowledged in writing by the State. The request must include
sufficient detail on the scope of rte work to be performed to afford the State the opportunity to assess the
resources necessary to accomplish the work and develop a cost estimate.
Article 6 Consideration of Pavnleut•
6.1 Payment Baris..'rhe State may, at its option, charge the Local Government on either a lump -sum or aetual.cost
basis for performance of the work.
6.2 Actual Cost Basis. Unless a lump sum or other payment arrangement is agreed upon, all work performed by the
State will be billed on an actual cost basis_ For work performed upon an actual cost basis, the State will provide a
report showing the actual cost of the services per by the State under this contract. 'rhe State's "Actual
Cost" will consist of all of the following elements:
(1) The actual cost of any materials provided by the State; and
(2) Travel expenses reasonably and necessarily incurred by Elie State in the performance of the work. Such
travel expenses will be subject to the limitations contained in the "Minnesota Department of
Transportation Travel Regulations in effect at the time the work is performed; and
(3) Labor costs incurred by the State in performance of the work. Such labor costs will consist of:
(a) The actual hourly wage or salary of State personnel for time pent working on the project; and
(b) Labor and overhead additive, at a rate to be determined annually by tite appropriate State
FinanciallAccounting Officer. Labor additive will include fringe benefits, holiday and vacation
pay, and applicable workers compensation and:payroll tax expenses.
(4) Equipment costs ineurted.by the State in the performance of the work. Such cost will consist of
(a) The hourly rental rate of the equipment; and
(b) Fuel and other direct operational costs not included in the equipment rental rate.
Articlel' Terrns of Payment•
7.1 The State will invoice the Local Government upon completion of.tile services, or at regular intervals trot more
than once monthly as agreed upon by the parties.
712 The Local Government will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the
address below:
Minnesota Department of Transportation
Attn: Cash Accounting
(Rev 09/26/07) _ 2 _
Mn/DOT Agreement No.' Work Order„ 01 59
RE: MnIDOT invoice number (include the MODOT invoice number)
Mail stop 215
395 John Ireland Blvd
St. Paul, MN 55155
IMPORTANT: THE REMITTANCE MUST INCLUDE THE "Mn/DOT INVOICE NUMBER."
Article 8 T ocal Government's Project Manager:
8.1 The Local Government 's Project Manager for this Work Order is the Local Government's Engineer for technical
matters. The Local Government's Project Manager for this Work Order is responsible for overseeing the Local
Government's fulfillment of its obligations under this Work Order, reviewing and approving invoices, resolving
disputes related to this Work Order; and for giving or receiving any notices required or permitted by this Work
Order.
Article 9 State's Project Manua
9.1 The State's Project Manager, for this Work Order is the District Engineer. The Suite's Project Manager is
responsible for overseeing the State's fulfillment of its obligations under this Work Order, reviewing and
approving invoices, resolving disputes related to this Work Order, and for giving or receiving any notices required
or permitted by this Work Order.
Article 10 Termination
I0.1 TerntUratiali liy the State. The Local Government, the State or the Commissioner of Administration may cancel
this Work Order at any time, with or without cause, upon 30 days' written notice to the other Party., Upon
termination, the Providing Party will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
10.2 Teraninatimt for Insufficient-Futuling. If the State is the Requesting Party, The State may immediately terminate
this Work Order if it does not obtain funding from the Minnesota Legislature, or other funding source; or if
funding cannot be continued at a level sufficient to allow for the payment of the.services covered here.
Termination must be by written or fax notice to the Local Government. The State is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the Local Government will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds
are available. Tile State will not be assessed any penalty if the Work Order is terminated because of the decision
of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Local
Government notice of the lack of funding within a reasonable time of the State's receiving that notice.
Article 11 Additional Provisions
11.1 Tine parties intend that the services provided under this contract will not be construed as an interchange of
employees subject to Minnesota Statutes § 15.5 1, et .seq. If the provision of the services under this contract is
deemed to be subject to Minnesota Statutes § 15151, et. seq., and any provision in this contract is determined to
conflict with such statute, then the statute will control to the extent of any such conflict.
(Rev 09126107) - 3 -
Mn/DOT Agreement No. Work Order 01 _ 6 0
I,OCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION
The Local Government certifies that the appropriate person(s)
have executed the contract on behalf of the Local Government
as required by applicable articles, bylaws, resolutions, or. By:
ordinances.'
Title: District Engineer
Date:._
Title:����_ ----
Date:
COMMISSIONER OF ADMINISTRATION
(Rev 09/16/01) _ - - Q -
Mn/DOT Agreement No .._--_Work Order 01 61
EXHIBIT A —STANDARD TERMS
STANDARD TERMS FOR ROUTINE ROADWAY MAINTENANCE
1. The Providing Party will perforin routine maintenance in accordance with the specifications and
guidelines in the current "MuIDOT Maintenance Manual"
2. Unless otherwise provided in this Work Order, the Providing Party is not required to perform
extraordinary maintenance or reconstruction. The Providing Party should notify the Requesting Party
immediately if if becomes aware of any maintenance, not covered by this Work Order, that should be
addressed immediately to prevent the risk of serious injury to the public.
3. The Providing Palsy will perform traffic control in accordance with Minnesota Manual on Uniform
Traffic Control Devices,
STANDARD TERMS FOR PROMSIONAL 'AND TECHNICAL SI&RVICES
The Providing Party will prepare all documents in accordance with Minnesota law, applicable Federal
laws and regulations, and geometric design standards for trunk highway plans as described in the current
versions of MnIDOT Manuals, available through the Mn/DOT State Aid Division of on the MnIDOT
website, www.dot.state.inn.us
2. The Providing Party will, as applicable in developing plans, include the standard specifications from the
latest edition of Mit/DOT Standard Specifications for Construction, and, all amendments thereto.
The Providing Party will furnish the personnel, services, supplies, and equipment necessary to properly
perform, supervise, and document the work for the project(s). The services of the Providing Party to be
performed hereunder may not be assigned, sublet, or transferred unless approved in writing by Mn/DOT.
This written consent will in no way relieve the Local Government from its primary responsibility for
performance of the work.
(Rev 09/26/07) - 5 -
Mn/DOT Agreement No.—_ Work Order 01 ( 2
Exhibit B - Available Services
Following are examples of services available from Mn/DOT pursuant to this agreement. Other services may be available upon
request. Note that this agreement cannot be used for the construction of joint facilities, nor does it replace the "Municipal Agreement"
process for cooperative construction programs.
Maintenance
• Pavement striping
Ilridge
Construclia✓Mairnendnce services including:
• Bridge load ratings
• Bridge inspections
• Hydraulic data system support/management
Standards, Research and Governance services including:
• Bridge standards and specifications development
• Bridge research
• Bridge construction, maintenance and hydraulic training
Bridge Cousa uction and Maintenance services including:
• Construction planning and programming
• Construction support
• Steel fabrication services
• Maintenance assistance
Bridge Design services including:
• Preliminary bridge studies and plans
• Final bridge designs and plans
• Bridge construction estimating
• Hydraulic structure recommendations
• Consultant management
Land Management
• Appraisal services
• Legal services
• .Eminentdomain support
• Legal descriptions
• Geodetic surveying
• Photogrametric mapping
• Platting
• Direet purchase
Electronic Communications
• Glectronic.and telecommunications system design, installation and maintenance services
Materials
• Pavement condition data
• Materials testing
• Box culvert inspection
• Pre -stress beams for county and city bridges
(Rev 09/26/07) - 6 -
63
From: Rick Kjonaas 1" ?i, q
To: CEAM@listsstate.mn.us � �. r, �,,ry!
Date: 10/2/2007 3:36:24 PM
Subject: partnership agreements -revised ( n 5 2007
(please disregard earlier) �hVs�Cad A 58i4+�ri! I j
City Engineers,
Looking back on the past years, Mn/DOT and the local agencies have shared many partnerships for a
variety of services, such as lab services, providing materials, and maintenance related activities. Some
of these partnerships were formed, often without a formalized contract, by using a partnership agreement.
Many of original partnership agreements were written to expire after 5 years, which ends in November.
A new Master Partnership Agreement has been written to replace the old partnership and master
agreements and will have a future life of 5 years. This Master Partnership Agreement will be
supplemented with project specific work orders and are reciprocal, used for when you provide services or
when Mn/DOT provides services. Every work type can be used with this process when state funds are
used. The scope of services for each work order are developed in the districts with the project managers
or District State Aid Engineers you have established relationships with and are simple to put in place.
We strongly encourage every city to execute the Master Partnership Agreement even if you currently
think you have no need for an agreement at this time. When an idea develops to share services between
the two agencies, having the Master Partnership Agreement in place will save time because it is required
before any work order can be approved. Work orders are simple to execute any time during the 5 -year
life of the Master Partnership Agreement. For example, if you intend to use the Mn/DOT lab services for
your projects, you will need to have the Master Partnership Agreement executed. Since this is one of the
most common uses, we have prepared the first receivable work order (W01) for you to request and pay
for.Mn/DOT services. The Master Partnership Agreement together with W01 will replace the expiring
Partnership Agreements.
Attached is a letter from Mn/DOT Division Directors outlining the program, the generic new Master
Partnership Agreement and a sample resolution required for the signature approval. In addition to the
Master Agreement, a generic work order (W01) intended for when you to pay for any Mn/DOT service
and a generic work order to be use for all other work types negotiated between you and the district
offices. The generic work order is designed to be used in both ways, Mn/DOT providing the services or
the local agency providing the services.
SALT will provide you agency specific master agreements, resolutions and work order one (W01) at the
prescreening meetings for your convenience and ready for you to take to your councils for approval. This
email is for your information. We hope that many of these documents will be adopted by the end of the
year. Questions can be directed to me or brought to the prescreening meeting.
Thanks in advance for helping to make this agreement process a success.
Richard D. Kjohaas
Deputy State Aid Engineer
651-366-3802
CC: DSAE ONLY; Prescott, Mary
yw,q
v %liairesot<i tlepnremcu.f of'C`rAll sportsrtinn
r
1 a 395 John Ireland Blvd.
St. Paul, MN 55155
September 28, 2007
To: City Engineers
County Engineers
Local Units of Government
From: Julie Skallman; Division Direct
State Aid for Local Transportation
Richard Arnebeck, Director
Engineering Services Division
Robert Winter, Director..
Operations Division
Subject: Mn/DOT Partnership Agreement
We are pleased to announce the continuation of "Master" Partnership Agreements between Mn/DOT and
counties, cities, and other political subdivisions. The first round of Master Partnership Agreements was
signed in November 2002, and expires at the end of their maximum five-year term as provided by state
law. Attached to this memo are agreement templates that will be used for anew five-year term.
This agreement emphasizes our continuing efforts to partner with cities, counties, and other political
subdivisions to deliver transportation -related services in the most efficient and effective manner possible.
The agreement ensures services we provide you will continue to be available in the future. Minnesota
Statutes § 174.02 authorizes Mn/DOT to enter into "partnership" agreements, and allows Mn/DOT
districts and offices to receive reimbursement for the services they provide directly into their District
accounts.
Previously, you signed two different Master Partnership Agreements.. One agreement provided a
mechanism for Mn/DOT to pay you, while the other agreement provided a mechanism for Mn/DOT to
receive payment from you. This updated agreement combines both of those elements into a single
document. Once signed, this next generation Master Partnership Agreement will replace those two prior
agreements. Any work in progress under a. prior agreement will continue under that prior agreement until
the work is finalized or the new agreement is executed. The first work order agreement is being
customized to replace the old partnership agreements and should be executed along with the "new"
Master Partnership Agreement.
65
Mn/DOT Partnership Agreement
September 28, 2007
Page 2
In developing this new generation of Master Partnership Agreements, our intent is to have a simple
process in place for standard fee for service agreements. With this in mind, the Master Partnership
Agreement attached reflects the following changes:
• This agreement can be used to both make and receive payments.
e The confusing "Path" designations from dre prior Mn/DOT—payable agreement have been
eliminated — the services have been given a descriptive title rather than a generic "path" letter.
• The services are defined as "Professional and Technical Services", "Routine Maintenance", and
"Contract Administration".
• There is now a single work order template, replacing the three previous work order templates,
which were specific to the "path" selected.
• The legal "boilerplate" is mostly unchanged; it has just been adjusted to be reciprocal (i.e. to
reflect that Mn/DOT may be either the payer or payee).
• The "standard" requirements applicable to each type of service have mostly been moved from the
master contract to the work order. The agreement writer may customize or supplement these
requirements as necessary for the specific project. This will insure that the most vital technical
information related to each project is contained in the work order.
• The goal is to have maximum flexibility. For example, two different types of services can now be
covered under a single work order.
The new partnership agreement is intended to include all the services that may be provided by Mn/DOT
or your organization without the need for many separate agreements. The Office Director and/or District
Engineer, as well as the local governmental agency, will have the authority to use it at their discretion.
Mn/DOT's Finance Division will be responsible for ensuring monies are documented and appropriate
budgets reimbursed.
This Master Contract will need to be approved by your local board/council (see attached sample
resolution), and must be sinned by at least one local official with the authority to sign contracts. We do
not require signatures to be notarized. Please return three copies of the signed agreement along with a
copy of the County Board or City Council resolution to: Jan Ekem, 395 John Ireland Blvd. M.S. 700,
St. Paul, Minnesota 55155. When the State has fully executed the agreement, you will receive one
original for your files. When the agreement is fully executed and you want to request a service:
1. Contact the District State Aid Engineer. Iie/she will direct your request to a Mn/DOT project
manager.
2. Identify a project manager from your jurisdiction. Include his/her name, phone, address, and
email with your request.
3. Work with Mn/DOT's project manager to verify the service, rate, timeframe, and any other
specifies necessary. Mn/DOT will generate a work order to document the agreed-upon work.
4. Schedule the work.
5.. Mn/.DOT will invoice your jurisdiction quarterly.
M.
M&DOT Partnership Agreement
September 28, 2007
Page 3
6. Upon receipt of invoice, promptly remit payment to the address below. Include the Mn/DOT
Contract Number found in the upper right comer of the agreement. Make check payable to
Commissioner of Transportation and submit it to: Minnesota Department of Transportation,
Attn: Cash Accounting, RE Mn/DOT Contract Number 395 John Ireland Blvd., MS
215, St. Paul, MN 55155
We look forward to continuing our partnership to deliver the best products and services in the most
efficient manner for the citizens of Minnesota.
Attachments
Cc: Carol Molnau Lisa Freese Tim Henkel Scott Peterson
Kevin Gray Mary Prescott Rick Kjonaas
Jim Cownie District Engineers Office Directors
67
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 08-016
A RESOLUTION ADOPTING A MASTER PARTNERSHIP CONTRACT
BETWEEN THE CITY OF ST. ANTHONY AND
THE MINNESOTA DEPARTMENT OF TRANSPOWFATION
WHEREAS, The Minnesota Department of Transportation (MN/DOT) wishes to cooperate
closely with local units of government to coordinate the deliver of transportation
services and maximize the efficient deliver of such services at all levels of
government; and
WHERAS, Mn/DOT and local governments are authorized by Minnesota Statutes sections
471.59, 174.02, and 161.20, to undertake collaborative efforts for the design,
construction, maintenance, and operation of state and local roads; and
WHEREAS, The parties wish to be able to respond quickly and efficiently to such
opportunities for collaboration, and have determined that having the ability to
write "work orders" against a master contractor would provide the greatest speed
and flexibility in responding to identified needs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony:
That the City of St. Anthony enter into a Master Partnership Contract with the
Minnesota Department of Transportation, a copy of which is before the City
Council.
2. That the proper City officers are authorized to execute such contract, and any
amendments thereto.
3. That the proper City officers are authorized to negotiate work order contracts
pursuant to the Master Contract, which work order contracts may provide for
payment to or from MN/DOT, and that the proper City officers may execute
such work order contracts on behalf of the City without further approval by
the City Council.
IaC.OI??Ccil./eeklllgs�200810212200MRI,S08-016-ndo�nion fAMDOTAM,w Cmm.a 6,
Adopted this ff" day of Februar , 2008.
ATTEST':
City Clerk
Reviewed for administration:
Mayor
City Manager
FUTURE COUNCIL AGENDA ITEMS
Meeting
Meeting
as of Februa 6, 2008
Date
Type
Staff
Items/Issues
February 26
March 10
Special
5:30 p.m.
JOINT MEETING WITH THE PARKS COMMISSION
Department Head Annual Resorts
March 11
Liquor
Finance
Public Works
Ehlers
Resolution Calling for Public Hearing on issuance of Bonds and on
Street Reconstruction Plan for Silver Lake Road
March 18
Special
5:30 p.m.
JOINT MEETING WITH THE PLANNING COMMISSION
Johnson Controls
Worksession
Key Financial Strategies
Silver Lake Village Development
Snow Plowing
March 25
Planning Commission items from March 18
Department Head Annual Reports
Fire
Police
Richard Fursman
Presentation of 2008 Goals
Asst. City Manager
Sign Ordinance - 1st reading
Fire Chief
Housing Code Ordinance - 1st reading
Fire Code Ordinance - 1st reading
Public Hearing on Issuance of Bonds and on Street Reconstruction
April 8
Ehlers
Plan and adopts Resolution giving preliminary approval for their
issuance and approving Street Reconstruction Plan by
unanimous vote for Silver Lake Road.
April 22
Planning Commission items from April 15
City Manager
Finance Director
Public Hearing on 2009 Budget
Asst. City Manager
Sign Ordinance - 2nd reading
Fire Chief
Housing Code Ordinance - 2nd reading
Fire Code Ordinance - 2nd reading
April 29
Special
5:15 p.m.
Joint Meeting with School Board
6:30 p.m.
Council worksession - Capital Equipment Budget
May 13
Police Chief
Graduate Citizen Academy
Ehlers
Resolution Approving Offers for Bonds and Adopts Resolution
Approving the Sale of Bonds
May 27
Planning Commission items from May 20
Tautges, Redpath
Audit Presentation
Asst. City Manager
Sign Ordinance - 3rd reading
Fire Chief
Housing Code Ordinance - 3rd reading
Fire Code Ordinance - 3rd reading
February 2008
Monthly Planner
rrintea oy uvenaar creator for vvinaows on ubrruua
Mar 2008
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2
Jan 2008
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34) 31
3
4
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9
10
11
12
13
14
15
16
Council Meeting
7 pm
17
18
19
20
21
22
23
HOLIDAY
Joint Meeting
with Planning
Commission
5:30 Planning
Commission
meeting 7 pm
24
25
26
27
28
29
City Council
Meeting 7 pm
rrintea oy uvenaar creator for vvinaows on ubrruua
March 2005
Monthly Planner
------------
Saturday
Feb 2008
Apr 2008
1
S M T W T F S
S M T W T F S
1 2
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24 25 26 27 28 29
27 28 29 30
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Joint Meeting
Council Meeting
with Parks
7 pm
Commission
16
17
18
19
20
21
22
Joint Meeting
HOLIDAY
with Planning
Commission
5:30 Planning
Commission
meeting 7 pm
23
24
25
26
27
28
29
City Council
Meeting 7 pm
30
31
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INVESTMENT PORTFOLIO: 12/31/07
dIM GENERAL
Iniclos
Dute
DID--
Malu�as
$5]],000 GC COMMERCIAL PAPER
_
URI%
4026%
09
0321/06
$219.000 HE COMMERCIAL PAPER
4.
10/18/07
02/15106
$220.000 GE COMMERCIAL PAPER
4.542%
1121/07
04/15108
DAINRAUSCHER.--GENERAL
FED HOME LOAN BANK MED TERM NOTE
$200.000
FNMA MEDIUM TERM NOTE
GNA4A POOL 23364
9.00%
09/0106
09/15,06
GNMA POOL 23356
900%
11/0120
11/15108
$100,000 STATE BANK INDIA -CHICAGO, IL CID
5.150%
09114/07
03114/00
MZHOO WASHINGTON MUTUAL BANK NEVADA CID
S.IDO%
10117/07
01/17108
$100.000 BANK OF BARODAY NEW YORK CID
5.150%
10/12107
02112/08
$100,000 UNITED CENTRAL BANK GARLAND CID
5.OD0%
10/11107
0420/06
$25000 COLONIAL BANK MONTGOMERY AL C/O
4650%
1128,07
0520/00
$10400 COUNTRYWIDE BANK ALEXANDRIA VA CID
4750%
1128107
0526108
$100000 ETRADE BANK ARLINGTON VA CA
4.700%
1120107
05130108
$623000 GENERAL ELECTRIC COMM PAPER
4548%
12113/07
04111/00
$103000 GENERAL ELECTRIC COMM PAPER
4428%
1220107
03719/00
$100.000 FNMA MEDIUM TERM NOTE
6.00%
0726/02
072522
S10D OO FNMA MEDIUM TERM NOTE
500%
0324/04
0410120
S10DOOD FEDERAL HONE LOAN MORTGAGE 6.0091°
6.00%
1125/05
11/1520
$100.00 FNMA MEDIUM TERM NOTE
6.207%
11/18105
102]25
$100.000 FNMA MEDIUM TERM NOTE
6207%
11/18105
102725
40A ARMY, WATER. FILTRATION
$ 100000 FEDERAL HOME LOAN MORTGAGE
500°G
0426/04
0423/14
S t0O0DO FEDERAL NATIONAL MORTGAGE AS50CIATIONISTERUP
4.00-7.00%
09/15/04
09115116
5100, 000 FEDERAL NATIONAL MORTGAGEASSOOIATIONISTEP-UP
5007,00%
09716/04
09/16/16
$200, 000 FEDERAL NATIONAL MORTGAGE CORP
500%
01/20105
10/10/13
5130000 FEDERAL HOME LOAN BANK
5.50%
01/31705
06112719
$ 100000 FEDERAL HOME LOAN BANK STEPUP
450200%
0228105
02117717
5100.000 FEDERAL HOME LOAN BANK - STEPUP
4.125�750'L
05/02,05
10/07716
$ 170,000 FEDERAL HOME LOAN BANK
550%.
1105/O8
112622
S 75000 COWLITZ BANK LONGVIEW � CID
5.20041
03115/07
03115/10
$ 930, 000 FED HOME LOAN MTG ZERO COUPON
6050°%
02111/05
0623/33
RAIN RAUSCHER.-HONEYWELL
$100000 LASGLLEBANK-ZERO COUPON BOND
625%
02/19103
02/1923
$100000 STANDARD FEDERAL - ZERO COUPON BOND
625%
02/19/03
0271023
$100000 LASCLLE BANK ZERO COUPON BOND
6.10%
03130/05
0313025
$100,000 STANDARD FEDERAL -ZERO COUPON BOND
6.10%
0320/05
03130125
$ 95,000 CITIZENS NATIONAL BANK CID
5750%
0623/07
0720/11
526,000 REPUBLIC BANK LOUISVILLE KY CID
4.950%
12105/07
03/00/08
$15.000 FEOERAL HONE LOAN MORTGAGE
550%
03115/04
12115/15
SI00000 FEDERAL HOME LOAN MORTGAGE
500%
0423/04
07/09118
5100000 FEDERAL HOME LOAN MORTGAGE
504%
0423104
061,6/18
$100.000 FED NATIONAL MORTGAGE ASSOCIATION
fi00%
0727704
02/1224
$100.000 FEDERAL HOME LOAN MORTGAGE
6.00%
11/05705
11108/30
S 950DD FEDERAL HOME LOAN MORTGAGE
625%
02107/06
1211521
$ 12,000 FEDERAL HOME LOAN MORTGAGE
6.25%
02107/06
1211521
510000 FED NATIONAL MORTGAGE ASSOCIATION
6.265%
03/07/06
0210626
$1000DO FED NATIONAL MORTGAGE ASSOCIATION
6.265%
03,07/06
0210626
550.000 FEDERAL HOME LOAN MORTGAGE
6.10%
022707
01/1522
RAIN RANCHER -(HRA)
$200,000- FNMA 0334 P/O
$10000- FHLMC MEDIUM TERM NOTE - STEP UP
$1750DD- FNMACOUPON- 5.520%
$200,000 FNMACOUPON- STEPUP
$100,00-BANCOI$ANTANDER -STEP UP
$90.000-FNMA-STEPUP 4.50%-550%
6,00% 0924/02
4600% 112VW
5.30% 02114107
5.50% 06114/07
5.50°% 0]/1010]
410% 1120/07
5976% 1022/02
6.00% 1125/02
500% 03/10/04
500% oanOm4
5.54% 03/19104
565% 11/17/04
5.65% 0120105
5.125 SIoMUP 04MI105
533% 06/14/05
4250-635% 0622705
4.250% 0826/05
4.75% 0829/05
525% 09/01/05
5.33'4 1100105
5225% 10,11/05
724% 04202)
4.00 050'% 03/18/04
5520% 03130104
4.00-8.00°% 03101/04
5.110% 08,17105
450-550% 10105107
09/15/18
0221/08
05/14,08
1VI4/12
1129/12
05/30100
102227
10222]
09/12/13
03/19/14
03/11/19
1028/19
1028119
03/3021
0225115
04/13/15
06/09/08
10/19/10
02/17/15
04/04/13
11/19/12
032523
04/12/19
04/12/19
02/10/12
02/1INI
mro1n0
TOTALBOOKVALUE
$563,659.20
$215.55440
$216,074,22
_995.......9
5995287900
$122.16
$1]544
S1oo.00O00
$4],000.00
$1000DOD0
$100.000.00
$25.00000
$100,00000
510000000
$613,82]15
$101.09380
$100000.00
5100.00000
S1oo.ODO o0
$100,000.00
$10000000
$1,788,018 35
$10000000
$100,00000
510000000
s20SAD0oo
$130,00000
$100,000.00
$10000000
$17000000
$1]1,4]240
$1.246.473,40
$29.170 OD
$29,1]000
$30041.97
$3004197
$95,00000
$26.00000
$15,000.00
$94.25000
$94.625.00
$100,000.00
$100.000 00
595000 00
$12000.00
$99.82241
$99,62241
$49.904.30
$999,926.14
$199.477,00
520].5850
$60,00000
5100,000 00
$50,000,00
$10400000
$20000000
$100,00000
520000000
$20,OODOO
$50.00800
$100,00800
$1 OO.00D00
$100.000.00
$200,000,00
5100.125 00
S10D,000.00
$100,000,00
$100.00000
598.000.00
$199.90185
05
$2.665.09065
54,]7667
$100.00000
$175.000.00
$20DO0000
$100,060 oD
$90.000.00
$669,]]60]
$8,364.57551
TIme1/152008 MONTHLY INVESTMENT REPORT DEC 20ONNVESTI
DEANWITTER
$520.000
MERRILL LYNCH ZERO COUPON BOND
$210,00
GE COMMERCIAL PAPER
560000
DISCOVER BANK GREENWOOD CID
$100,000
MIOFIRST BANK OKLAHOMA CID
$50,000
BANCO SANTANDER CID
$100.000
NATIONAL BANK SOUTH CAROLINA
$200,000
FED HOME LOAN BANK MED TERM NOTE
$100.000
FED HOME LOAN BANK MED TERM NOTE
$200.000
FNMA MEDIUM TERM NOTE
$200,000
PUMP MEDIUM TERM NOTE
$S40U0
FNMA ME01UM TERM NOTE
$100.000
FED NATIONAL MORTGAGE ASSOCIATION
$IDD 000
FED NATIONAL MORTGAGE ASSOCIATION
$100,000
FED NATIONAL MORTGAGE ASSOCIATION
$200.000
FED NATIONAL MORTGAGE ASSOCIATION
$100,000
FED NATIONAL MORTGAGE ASSOCIATION
$100,000
FED HOME LOAN BANK
5100,000
FED HOME LOAN BANK
$100,000
FED HOME LOAN BANK
$90.000
FED NATIONAL MORTGAGE ASSOCIATION
$199.904
FED HOME LOAN BANK MED TERM NOTE
RAIN RANCHER -(HRA)
$200,000- FNMA 0334 P/O
$10000- FHLMC MEDIUM TERM NOTE - STEP UP
$1750DD- FNMACOUPON- 5.520%
$200,000 FNMACOUPON- STEPUP
$100,00-BANCOI$ANTANDER -STEP UP
$90.000-FNMA-STEPUP 4.50%-550%
6,00% 0924/02
4600% 112VW
5.30% 02114107
5.50% 06114/07
5.50°% 0]/1010]
410% 1120/07
5976% 1022/02
6.00% 1125/02
500% 03/10/04
500% oanOm4
5.54% 03/19104
565% 11/17/04
5.65% 0120105
5.125 SIoMUP 04MI105
533% 06/14/05
4250-635% 0622705
4.250% 0826/05
4.75% 0829/05
525% 09/01/05
5.33'4 1100105
5225% 10,11/05
724% 04202)
4.00 050'% 03/18/04
5520% 03130104
4.00-8.00°% 03101/04
5.110% 08,17105
450-550% 10105107
09/15/18
0221/08
05/14,08
1VI4/12
1129/12
05/30100
102227
10222]
09/12/13
03/19/14
03/11/19
1028/19
1028119
03/3021
0225115
04/13/15
06/09/08
10/19/10
02/17/15
04/04/13
11/19/12
032523
04/12/19
04/12/19
02/10/12
02/1INI
mro1n0
TOTALBOOKVALUE
$563,659.20
$215.55440
$216,074,22
_995.......9
5995287900
$122.16
$1]544
S1oo.00O00
$4],000.00
$1000DOD0
$100.000.00
$25.00000
$100,00000
510000000
$613,82]15
$101.09380
$100000.00
5100.00000
S1oo.ODO o0
$100,000.00
$10000000
$1,788,018 35
$10000000
$100,00000
510000000
s20SAD0oo
$130,00000
$100,000.00
$10000000
$17000000
$1]1,4]240
$1.246.473,40
$29.170 OD
$29,1]000
$30041.97
$3004197
$95,00000
$26.00000
$15,000.00
$94.25000
$94.625.00
$100,000.00
$100.000 00
595000 00
$12000.00
$99.82241
$99,62241
$49.904.30
$999,926.14
$199.477,00
520].5850
$60,00000
5100,000 00
$50,000,00
$10400000
$20000000
$100,00000
520000000
$20,OODOO
$50.00800
$100,00800
$1 OO.00D00
$100.000.00
$200,000,00
5100.125 00
S10D,000.00
$100,000,00
$100.00000
598.000.00
$199.90185
05
$2.665.09065
54,]7667
$100.00000
$175.000.00
$20DO0000
$100,060 oD
$90.000.00
$669,]]60]
$8,364.57551
TIme1/152008 MONTHLY INVESTMENT REPORT DEC 20ONNVESTI