CCA 12/18/2017 ri_f
r CITY COUNCIL MEETING OF DECEMBER 18, 2017
The City of Fridley will not discriminate against or harass anyone in the admission or access
to, or treatment, or employment in its services, programs, or activities because of race, color,
creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status
with regard to public assistance. Upon request, accommodation will be provided to allow
individuals with disabilities to participate in any of Fridley's services, programs, and activities.
Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534)
CONFERENCE MEETING (6:00 p.m.)
Community Development Updates
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Fridley
City Code, Section 205.20. 0-5, Telecommunications
Towers and Facilities District to Conform to Recent
Legislative Enactments Related to Small Wireless
Deployment;
and
Adopt Official Title and Summary Ordinance 1 - 24
2. Second Reading of an Ordinance to Repeal Chapter 407
of the Fridley City Code, and Enact a New Chapter of
the Code of Ordinances to Administer and Regulate
the Public Rights-of-Way in the Public Interest and to
Provide for the Issuance and Regulation of Right-of-Way
Permits and to Amend Chapter 11 to Reflect New Fees
for Small Wireless Facilities in the Public Rights-of-Way;
and
Adopt Official Title and Summary Ordinance 25 - 58
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2017 PAGE 2
NEW BUSINESS:
3. Resolution to Approve an Agreement with the
Minnesota Department of Transportation to
Provide for a Delegated Contract Process 59 - 73
4. Resolution Designating Precincts and Polling
Locations for the 2018 Election Year 74 - 75
5. Resolution Approving the 2017 Gifts, Donations
and Sponsorships to the City of Fridley 76 - 78
6. Claims (179013 — 179231) 79 - 96
7. License 97
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes
ADOPTION OF AGENDA:
7A. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premises Permit
For Fridley Lions at Fridley American Legion
Post 303 Located at 7365 Central Avenue N.E.
(Ward 2)
and
Resolution in Support of an Application for a
Minnesota Lawful Gambling Premises Permit
For Fridley Lions at Two Stooges Sports Bar and
Grill Located at 7178 University Avenue N.E.
(Ward 3) (This item was added during the City
Council meeting.)
7B. Approve a Revised Construction Cooperation
Agreement with Metropolitan Council Environmental
Services for Restoration of Community Park
(This item was added during the City Council
meeting.)
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2017 PAGE 3
PUBLIC HEARING:
8. Consideration of an Ordinance Amending
Fridley City Charter, Chapter 7, Taxation and
Finances 98 - 107
NEW BUSINESS:
9. Resolution Receiving Report and Calling a Hearing
on Improvements for West Moore Lake Drive Trail
and Street Resurfacing Project No. 2017-21 108 — 127
10. Approve Agreement for Professional Services for
Locke Park Filtration Plant Improvement
Project 17-509 128 - 140
11. Approve a Joint Powers Agreement Between the
City of Fridley and Coon Creek Watershed District
for the Implementation of a Springbrook Creek
Weir Filter Retrofit Project 141 - 148
12. Informal Status Reports 149
ADJOURN.
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Fridley
FRIDLEY CITY COUNCIL MEETING
OF DECEMBER 18, 2017
7:00 p.m. - City Council Chambers
Attendance Sheet
Please print name, address and item number you are interested in.
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GENDA ITEM
/JFthlle) CITY COUNCIL MEETING OF
DECEMBER 18, 2017
Date: December 13,2017
To: Walter T.Wysopal,City Manager /I.
From: Scott Hickok,Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Second Reading for Text Amendment,TA#17-02 to amend Chapter 205.30 0-5,
Telecommunications and Towers and Chapter 11 Fees
and
Approval of Summary Ordinance for TA#17-02
BACKGROUND
Due to the wireless telecommunications industry lobbying for legislation to make it easier for them to
deploy their facilities within the public right-of-way as quickly and inexpensively as possible, City staff along
with the City Attorney have prepared the attached amendment to the Telecommunications and Towers
code.
As part of this text amendment,Chapter 11 Fees also needs to be amended to reflect a fee that will be
charged to permit the small wireless facilities in a Single Family zoning district. Facilities in this zoning
district will be required to go through a Special Use Permit process and as a result,the$1,500.00 fee that is
charged for Special Use Permits will also apply to this type of permit.
PREVIOUS COUNCIL/COMMISSION ACTION
At the November 15,2017 Planning Commission meeting,a public hearing was held for TA#17-02. No one
from the public addressed the Planning Commission on this amendment. After a brief discussion,the
Planning Commission made a motion to approve TA#17-02.
The motion was approved unanimously.
The City Council held a public hearing and had the 1n Reading for TA#17-02 on December 11,2017.
STAFF RECOMMENDATION
City staff recommends concurrence with the Planning Commission and that the Council hold the second
and final reading of ordinance TA#17-02.
Due to the length of text amendment TA#17-02,staff has prepared the attached summary ordinance for
publication purposes,and asks for the Council's approval of it. Passing a summary ordinance will save the
City significant costs in publication.
1
CITY OF FRIDLEY
ANOKA COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 205.30. 0-5
TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT TO CONFORM
TO RECENT LEGISLATIVE ENACTMENTS RELATED TO
SMALL WIRELESS DEPLOYMENT
The Fridley City Council hereby finds after review, examination and recommendation of staff that
Chapter 205.30 related to 0-5 Telecommunications Towers and Facilities District and Chapter 11.01
related to Fees be hereby amended and ordains as follows:
SECTION I: That Chapter 205.30 be hereby amended as follows:
FRIDLEY ZONING CODE
CHAPTER 205.30. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES
DISTRICT
City Code Chapter 205.30 of the Code of Ordinances (hereafter "this Code") is hereby amended
to read as follows:
205.30.1.PURPOSE AND INTENT
The general purpose of this Section is to create an overlay zone to regulate the placement,
construction, and modification of towers and wireless telecommunications facilities as well as
regulate placement, construction and operation of distributed antenna systems in the public right-
of-way in order to protect the health, safety, and welfare of the public, while at the same time not
unreasonably interfering with the development of the competitive wireless telecommunications
marketplace in the City.
Specifically,the purposes of this Section are:
A. To protect residential areas and land uses from potential adverse impact of towers and
wireless telecommunications facilities;
B. To minimize adverse visual impact of towers and wireless telecommunications facilities
through careful design, siting, landscaping, and innovative camouflaging techniques;
C. To promote and encourage shared use/collection of towers and existing antenna support
structures as a primary option rather than construction of additional single-use Towers in
order to minimize the adverse visual impact of towers and wireless telecommunications
Facilities;
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D. To avoid potential damage to property caused by towers and wireless telecommunications
facilities by ensuring that such structures are soundly and carefully designed, constructed,
modified,maintained, located, and removed when no longer used or determined to be
structurally unsound;
E. To ensure that towers and wireless telecommunications facilities are compatible with
surrounding land uses;
F. To facilitate the provision of wireless telecommunications services to the residents and
businesses of the City in a streamlined, orderly, and efficient fashion;
G. To encourage the location of towers in industrial and business districts,rather than residential
areas;
H. To enhance the ability of providers of telecommunication services to provide such services to
the community quickly, effectively, and efficiently;
I. To identify specific sites within the City where wireless telecommunications facilities may be
located. J. To serve the growing demand for telecommunications services through placement
of distributed antenna systems(DAS) small wireless facilities in the public right-of-way.
205.30.2. DEFINITIONS
The following words, terms, and phrases, when used in this section, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning;
"Antenna Support Structure"means any building or other structure other than a tower which can
be used for location of wireless telecommunications facilities.
"Applicant"means any Person that applies for a permit for wireless telecommunication facilities
or towers, automatic meter reading devices or small wireless facilities DAS.
"Application"means the process by which a person submits a request to develop, construct,
build,modify, or erect wireless telecommunication facilities or a tower upon land within the
City, develop, construct, build,modify, or erect an automatic meter reading system within the
City; or develop, construct, build,modify, or erect small wireless facilitiesDAS within the public
right-of-way. Application includes all written documentation, verbal statements and
representations, in whatever form or forum,made by an applicant to the City concerning such a
request.
"Approved Site"means a site which has been approved by the City Council as an eligible
location for placement of wireless communication facilities.
"Automatic Meter Reading device"means a device which is designed for collecting, storing,
processing, filtering and forwarding utility meter data within the public safety and utility
3
bandwidth licensed by Federal Communications commission, including any antenna attached to
such device and excluding devices reading and transmitting data from a single utility meter.
"Automatic Meter Reading system"means a series of devices which is designed for collecting,
storing,processing, filtering and forwarding utility meter data within the public safety and utility
bandwidth licensed by Federal Communications Commission, including any antenna attached to
such device.
"City"means the City of Fridley, Minnesota.
"Collocate"or "Collocation"means to install,mount,maintain,modify, operate,or replace a
small wireless facility on,under,within, or adjacent to an existing wireless support structure that
is owned privately or by a local government unit.
"Electrical Engineer"means an electrical engineer licensed by the State of Minnesota.
_. _
"Existing Site"means a tower or antenna support structure installed or erected prior to
December 18, 1997, and which is not located on an approved site.
"Micro Wireless Facility"means a small wireless facility that is no larger than twenty-four(24)
inches long, fifteen(15) inches wide, and twelve (12)inches high, and whose exterior antenna, if
any, is no longer than eleven(11) inches.
"Local Government Unit"means a county,home rule charter or statutory city,town, or the
Metropolitan Council.
"Owner"means any Person with fee simple title to any approved site, existing site, site
approved by special use permit, or wireless telecommunications facility.
"Pad Mount Device"means a devisce which is designed for collecting, storing,processing,
filtering and forwarding utility meter data within the public safety and utility bandwidth licensed
by Federal Communications Commission, including any antenna attached to such device like the
automatic meter reading device;but;which is installed on its own pedestal and not on an existing
public utility structure.
"Person" is any natural person,firm,partnership, association, corporation, company, or other
legal entity,private or public, whether for profit or not for profit.
4
" , ,,
"Satellite Earth Station Antenna"is all equipment necessary for processing of traffic received
from terrestrial distributions prior to transmission via satellite and of traffic received from the
satellite prior to transfer of channels of communication to terrestrial distribution systems.
"Small wireless facility"means(1)a wireless facility that meets both of the following
Qualifications: (i)each antenna is located inside an enclosure of no more than six(6)cubic feet in
volume or, in the case of an antenna that has exposed elements,the antenna and all its exposed
elements could fit within an enclosure of no more than six(6)cubic feet; and(ii)all other
wireless equipment associated with the small wireless facility, excluding electric meters,
concealment elements,telecommunications demarcation boxes,batter backup power systems,
grounding equipment,power transfer switches, cutoff switches, cable, conduit,vertical cable
runs for the connection of power and other services, and any equipment concealed from public
view within or behind an existing structure or concealment,is in aggregate no more than twenty-
eight(28)cubic feet in volume; or(2)a micro wireless facility.
"State"means the State of Minnesota.
"Structural Engineer"meaFns a structural engineer licensed by the State of Minnesota.
"Telecommunications Right-of-Way User"means a person owning or controlling a facility in the
public right-of-way, or seeking to own or control a facility in the public right-of-way,that is used
or is intended to be used for providing wireless service, or transporting telecommunication or
other voice or data information. A cable communication system defined and regulated under
Minn. Stat. Chapter 238, and telecommunications activities related to providing natural gas or
electric energy services whether provided by a public utility as defined in Minn. Stat. §216B.02,
a municipality, a municipal gas or power agency organized under Minn. Stat. Chapters 453 or
453A, or a cooperative electric association organized under Minn. Stat. Chapter 308A, are not
telecommunications right-of-way users for the purposes of this Chapter and Minn. Stat. §
237.163, except to the extent these entities are offering wireless services.
"Toll"means to stop the running of a relevant time period, such as a review period.
"Tower"Means a self-supporting latticer guyedr monopole structure constructed from grade
which supports wireless telecommunications facilities. The term"tower"shall not include
amateur radio operator's equipment as licensed by the FCC. Lattice or guyed structures are
prohibited.
"Utility Pole"means a pole that issued in whole or in part to facilitate telecommunications or
electric service.
"Wireless Backhaul Facility"means a facility used to transport communications data by wire
from a wireless facility to a communications network.
5
to"Wirelessor Facihavelity"installed means
upon equipmentornear a ata fitowerxedor locationanantenna that enablessupportthestructuprovisionre. Howeverof wi,relessthe
services between user equipment and a wireless service network, including: (1)equipment
associated with wireless service; (2)a radio transceiver, antenna, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment,regardless of technological
configuration; and(3)a small wireless facility. "Wireless facility"does not include the
following: wireless support structures,wireline backhaul facilities; or coaxial or fiber-optic
cables between utility poles or wireless support structures or that are not otherwise immediately
adjacent to or directly associated with a specific antenna.
"Wireless Service"means any service using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi, whether at a fixed location or by means of a mobile device,that is provided
using wireless facilities. Wireless service does not include services regulated under Title VI of
the Communications Act of 1934,as amended, including a cable service under United States
Code,title 47, section 522,clause(6).
"Wireless Support Structure"means a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities,as reasonably determined
by a local government unit.
"Wireless Telecommunications Facilities"means any cables, wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or reception of
communications(other than radio or television broadcast communications)which a person seeks
locate
term wireless telecommunications facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less which is located in an area
zoned industrial or commercial; and
B. Any satellite earth station reception antenna one meter or less in diameter, regardless of
zoning category;and
C. Automatic meter reading systems.-;and
D. '• -. -- ' • - -- t . - Small wireless facilities.
205.30.3.NON-CONFORMING USES
A. Existing sites shall be considered a legal non-confirming use,unless otherwise provided
for in this Chapter.
B. Installation of additional wireless telecommunications facilities beyond those in existence
on December 18, 1997, on existing sites is prohibited. Failure to comply with this
provision will be considered a violation of this Chapter and subject to the penalties
described herein. Routine maintenance of wireless telecommunications facilities on
Existing Sites is permitted, except that existing sites and any wireless
6
telecommunications facilities installed on existing sites may not increase in size,height,
weight, or otherwise result in an increase in the intensity of the non-conforming use.
C. If any wireless telecommunications facilities in an existing site are abandoned for a
period of one year, such existing site shall lose is legal conforming status and shall be
considered an illegal nonconforming use. The abandoned wireless telecommunications
facilities shall not be re-established on the site, and must be removed within twelve (12)
months of the cessation of operations. If not removed,the city may remove the facility
and assess the costs of removal against the Owner(s), according to the procedures
established in Chapter 128 of the City Code.
205.30.4. DISTRICT BOUNDARIES FOR OVERLAY ZONE
A Telecommunications Towers and Facilities District, 0-5,is created and shall apply to all land
within the City subject to the provisions and use requirements contained in this Section.
205.30.5. USES PERMITTED
A. The construction of towers and the installation,operation and maintenance of wireless
telecommunications facilities shall be permitted use in the approved sites identified on
Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional approved
sites may be approved by the City Council, subject to the amendment procedures set forth in
Section 205.05.04 of the City code,and the requirements of this section.
B. All principal, special use, and accessory uses allowed in each underlying primary zoning
district are permitted in the telecommunications towers and facilities district,except that no
towers shall be constructed, and no wireless telecommunications facilities shall be placed on
towers or antenna support structures, except as provided for in this Chapter.
C. Special Uses. The construction of towers and the installation, operation, and maintenance of
wireless telecommunications facilities shall be a special use in Zoning districts M-1, M-2, M-
3, and M-4, and any abutting railroad rights-of-way.
D. Automatic Meter Reading System Performance Standards. All automatic meter reading
systems must meet the following performance standards:
(1) All automatic meter reading devices located in the public right-of-way,must obtain an
automatic meter reading device permit and pay the appropriate permit fee, as provided for
in Chapter 407 and Chapter 11 of the City Code. This permit requirement does not apply
to individual meters or mobile automatic reading devices.
(2) Mapping information for the site(s)must be provided with the automatic meter reading
device permit application in a format compatible to be utilized by the City of Fridley's
Geographic Information System(GIS).
7
(3) All automatic meter reading device(s)must be located no higher than the top of a public
utility structure and no closer to grade than fifteen (15)feet.
(4) Automatic meter reading devices not installed on a public utility structure will be
considered as pad mount design. Its location shall be subject to review and approval of
the City prior to automatic meter reading device permit application.
(5) All automatic meter reading devices must be the same color as the public utility structure
on which they are located or as approved by City Staff.
E. Small Wireless Facilities in the Public Right of Way Performance Standards in Underlying
Non-Residential Districts. . . _. .• . _ _ - A• _ 1 :- - . -_ . All
small wireless facility DAS operators and small wireless facilities DAS are permitted uses in
all non-residential underlying zoning districts within the public right-of-way and shall meet
the following criteria and performance standards:
(1) The small wireless facility DAS shall only be located on an existing pub lity
st uctureutility pole or wireless support structure, excluding stop lights.
a. Ifpubic utilit tr t h. utility pole or wireless support structure be replaced
te-stinetufall4fraccommodatinge the small wireless facility DAS,
shall not exceed fifty(50)feet in height.
(2) The City may prohibit small wireless facilityDAS attachment to decorative public utility
structures.
(3) There shall be no interference with public safety communication or with the original use
of the ctureutility pole.
(4) The small wireless facility DAS shall not block light emanating from the p
stfuetur-eutility pole.
(5) If the small wireless facilityDAS is to be attached to a City-owned
stnieturnutility pole or wireless support structure, the applicant shall pay a rental fee to the
City pursuant to the City's standard Collocation Agreement .
(6) The small wireless facility DAS shall,to the greatest extent possible match the public
ntility-stRietufeutility pole or wireless support structure in color,material and design and the
small wireless facilityDAS design shall,to the greatest extent possible minimize exposed
cables, wires and other attachment hardware.
8
(7) The small wireless facilityDAS shall not extend above the top of the existing public
utility stru t' utility pole by more than ten(10)feet and the maximum height of the existing
pub"" utility str. etu eutilitypole or wireless support structure shall net be fifty(50)
feet'. _ _. •- - - • . . _ . .. . - , - � �
(8) The small wireless facilityDAS shall be no larger than six(6)three (3)cubic feet-wave
(9) The small wireless facilityDAS shall not extend outward from the utility structure by
more than three(3)feet.
(10)Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in the
right-of-way permit and City Code Chapter 407, Rights of Way Management.Tefe shall be
(11)The small wireless facilityDAS applicant shall provide evidence that the
stmetureutility pole or wireless support structure has adequate structural capacity to carry the
additional equipment proposed.
(12) The small wireless facility DAS applicant must agree that the small wireless
facilityDAS or any component of the small wireless facilityDAS equipment shall be
removed and relocated in compliance with any requirements set forth in the right-of-way
permit and City Code Chapter 407, Rights of Way Management, at the plica t'
- =- ' = : : - = - =- - - - , if the City or road authority for the public right-of-
way in which it is located requires removal or and relocation of the
s ructureutility pole for a public project.
(13) The small wireless facility DAS applicant shall submit in writing to the City,written
approval from the p utility pole or wireless support structure owner,if
not the City, for which the small wireless facilityDAS will be attached to.
(14) The small wireless facilityDAS applicant shall obtain any and all permits and approvals
from road authority for the public right-of-way in which is small wireless facilityDAS is
located.
(15)The small wireless facilityDAS applicant must be a telecommunications right-of-way
user as defined in Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless facilityDAS applicant shall obtain a right-of-way permit from the
City's engineering department and comply with any requirements set forth in the right-of-
way permit and City Code Chapter 407, Rights of Way Management.
(17)A small wireless structure shall be at least 900 feet in distance from any other small
wireless structure.
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(18)All small wireless structures and small wireless facilities shall be installed 2 feet from
the edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede the trail,
sidewalk or pedestrian way.
(19) The small wireless facility shall at least 12 feet above the ground.
(-1-72B The small wireless facilityDAS applicant shall comply with all applicable local, state,
and federal ordinances, statutes and regulations.
F. Small Wireless Facility Performance Standards in the Public Right of Way in Underlying
Residential Districts. All small wireless facility operators and small wireless facilities are
special uses in all underlying residential districts within the public right-of-way and shall
meet the following criteria and performance standards:
(1) The small wireless facility shall only be located on a utility pole or wireless support structure,
excluding stop lights.
a. The-utility pole or wireless support structure accommodating the small wireless
facility shall not exceed fifty(50) feet in height.
(2)The City may prohibit small wireless facilityDAS attachment to decorative public utility
structures.
(3) There shall be no interference with public safety communication or with the original use of
the utility pole.
(4) The small wireless facility DAS shall not block light emanating from the utility pole.
(5) If the small wireless facilityDAS is to be attached to a City-owned utility pole or wireless
support structure,the applicant shall pay a rental fee to the City pursuant to the City's standard
Collocation Agreement .
(6)The small wireless facility shall,to the greatest extent possible match the utility pole or
wireless support structure in color,material and design and the small wireless facilityDAS design
shall,to the greatest extent possible minimize exposed cables,wires and other attachment
hardware.
(7)The small wireless facility shall not extend above the top of the existing utility pole by more
than ten(10)feet and the maximum height of the utility pole or wireless support structure shall
net be fifty(50)feet.
(8)The small wireless facility shall be no larger than six(6)-cubic feet.
(9) The small wireless facility-shall not extend outward from the utility structure by more than
three(3) feet.
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(10)Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in the
right-of-way permit and City Code Chapter 407, Rights of Way Management.
(11) The small wireless facilityapplicant shall provide evidence that the utility pole or wireless
support structure has adequate structural capacity to carry the additional equipment proposed.
(12)The small wireless facility applicant must agree that the small wireless facility or any
component of the small wireless facility equipment shall be removed and relocated in
compliance with any requirements set forth in the right-of-way permit and City Code Chapter
407,Rights of Way Management, if the City or road authority for the public right-of-way in
which it is located requires removal or and relocation of the utilitypole for a public project.
(13) The small wireless facility applicant shall submit in writing to the City, written approval
from the utility pole or wireless support structure owner, if not the City, for which the small
wireless facility will be attached to.
(14) The small wireless facility applicant shall obtain any and all permits and approvals from
road authority for the public right-of-way in which is small wireless facility is located.
(15)The small wireless facility applicant must be a telecommunications right-of-way user as
defined in Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless facility applicant shall obtain a right-of-way permit from the City's
engineering department and comply with any requirements set forth in the right-of-way permit
and City Code Chapter 407, Rights of Way Management.
(17)A small wireless structure shall be at least 900 feet in distance from any other small wireless
structure.
(18)All small wireless structures and small wireless facilities shall be installed 2 feet from the
edge of any trail, sidewalk,or pedestrian way so as not to obstruct or impede the trail, sidewalk
or pedestrian way.
(19) The small wireless facility shall at least 12 feet above the ground.
(20) The small wireless facility shall be installed at the residential lot's corner in the right of
way.
(21) The small wireless facility applicant shall comply with all applicable local, state, and federal
ordinances, statutes and regulations.
205.30.6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A
11
Additional approved sites, other than those provided in Appendix A to this Ordinance, shall be
approved by the City Council according to the amendment procedures of Section 205.05.04 of
the City code. The criteria used to determine whether a site shall be designated as an approved
site shall include, but not be limited to,the following requirements:
A. Whether the proposed new site is capable of being developed to support more than two
operating wireless telecommunications facilities comparable to the others in weight, size,and
surface area.
B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its
proximity to volatile, flammable, explosive, or hazardous materials such as LP gas,propane,
gasoline, natural gas, or corrosive or other dangerous chemicals; and
C. Whether the proposed new site is necessary and that useable approved sites are not located
within a one-half(1/2)mile radius of the proposed new site; and
D. Whether all foreseeable telecommunications uses of the proposed site could comply with any
separation and buffer requirements of the underlying zoning district;
E. Whether all foreseeable telecommunications uses of the proposed new site could comply
with the setback requirements of the underlying zoning district; and
F. Whether the proposed site is accessible for service vehicles;
G. If applicable, whether the proposed site has been designed and certified by a structural
engineer to be structurally sound and, at minimum, in conformance with the Building and
Electric Codes adopted by the City,the National Electric Safety Code, and any other standards
and requirements outlined in this Section.
H. If applicable,whether the approved site complies with all applicable Federal Aviation
Administration lighting and painting regulations.
I. Whether the proposed site will further the City's objective that all towers, antenna support
structures, and wireless telecommunications facilities be designed to blend into the surrounding
environment.
J. Whether the proposed site has adequate open space to allow wireless telecommunications
facilities to be installed without detrimentally impacting landscape, displacing parking, or
impeding sight lines of a current or future principal use.
K. Whether the proposed site adequately contributed to the City's overall effort to adequately
meet the needs of the wireless telecommunications industry.
12
L. Whether the proposed site has amenities such as trees that will allow screening and sight line
relief. If not,whether the combination of site size and other site features help to provide sight
line relief.
M. Whether there are other structures near the proposed site that can serve as visual distractions
such as high power transmission structures,highway shoring, billboards.
N. Whether there are existing buildings or natural topographic features that meet the height
requirements of wireless telecommunications facilities without a tower structure, or which allow
for a lower overall height of any necessary Tower.
0. Whether there is adequate space on the proposed site so that the base of any necessary Tower
can accommodate essential equipment.
P. Whether the proposed site is outside of any underlying residential zoning districts.
Q. Whether housed equipment can be placed on top or on the side of a structure that currently
exists in the proposed site.
205.30.7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS
TELECOMMUNICATIONS FACILITIES ON APPROVED SITES IN THE CITY.
A. All persons seeking to install, operate and maintain towers wireless telecommunications
facilities in approved sites in the city must file a telecommunication site permit
application with the City which shall include:
(1) The names, address, and telephone number of the Applicant; and
(2) Written,technical evidence from a qualified and licensed structural engineer that the
proposed tower or antenna support structure is capable of supporting the equipment
necessary to install, operate, and maintain the proposed antenna. The engineer shall
also certify the capability of the tower to provide adequate structural support
considering existing or other proposed antenna installations. The engineer shall also
assess and state the design safety margin of the entire antenna support system. The
engineer shall state that within the limits of engineering certainty, if the structure
would fall or collapse for any reason or due to any event,the structure will be
completely contained within the area identified; and
(3) If proposed on a City-owned site, a completed application form for lease approval as
provided by the City; and
(4) A report from a qualified and licensed professional engineer which described the
height and design of the proposed wireless telecommunications facility including a
cross-section and elevation; and
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(5) A scalable site plan drawn at an engineering scale showing the location of the
wireless telecommunications facility in relation to surrounding structures; and
(6) If located on a water tower, a written report addressing the requirements contained
herein for water towers; and
(7) Foundation, cross-section, and building plans for installation of the wireless
telecommunications facility; and
(8) An application fee as required by Chapter 11; and
(9) The application shall also contain an affirmative statement indicating that the
applicant agrees to comply with the provisions in Section 205.30.25. regarding
abandonment; and
(10) No new or existing wireless telecommunications service will interfere with public
safety telecommunications. Before the introduction of new service or before
implementing any change in existing service, all wireless telecommunications service
providers shall notify the City at least ten(10)calendar days in advance of such
changes and allow the City to monitor interference levels during the testing process;
and
(11) Application for a building permit from the City pursuant to Chapter 206 of the
code; and
(12) A statement as to whether the proposed development of an approved Site is
capable of being developed to support more than two (2)operating wireless
telecommunications facilities comparable to the others in weight, size, and surface
area; and
(13) Written,technical evidence from an independent consulting engineer licensed to
practice geological engineering in the State of Minnesota confirming that the soil at
the location of the tower or wireless telecommunication facility is capable of
supporting the proposed antenna arrays, equipment, and personnel performing typical
work functions; and
(14) A landscaping plan showing location of materials, height at planting,types of
materials, and installation practices.
B. All persons seeking to install, operate, and maintain towers or wireless telecommunications
facilities in M-1,M-2, M-3, or M-4 Zoning Districts as a special use permit shall submit the
information required in 205.30.07.A, except items (3)and(11).
205.30.8.APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN THE
CITY
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All persons seeking to install,operate and maintain automatic meter reading systems in the City
must file an application with the City,which shall include:
A. The name, address and telephone number of the applicant and property owner; and
B. Written,technical evidence from a qualified Structural Engineer that the integrity of the
structure on which a proposed automatic reading devise(s)will be attached and the attachment
devise itself will not jeopardize the structural integrity of the public utility structure; and
C. A location plan matching the public utility structure identification(address) and the
appropriate automatic meter reading device; and
D. An individual automatic meter reading device permit fee as required by Chapter 11; and
E. The application shall contain an affirmative statement indicating that the applicant agrees to
comply with the provisions in section 205.301112.25. regarding abandonment; and
F. No automatic meter reading system will interfere with public safety telecommunications.
Before the introduction of new service or before implementing any change in existing service, all
automatic meter reading system operators shall notify the City at least ten(10)calendar days in
advance of such changes and allow the City to monitor interference levels during the testing
process.
205.30.9. APPLICATION FOR PLACEMENT OF SMALL WIRELESS FACILITIES
! _ p. I' • _ _ _ . IN THE RIGHT-OF-WAY
A. All persons seeking to install,operate and maintain small wireless facilities domed
within the right-of-way within the City must file a right-of-
way permit application with the City that, in addition to any other requirements set forth
in City Code Chapter 407, includes:
(1) The names, address, and telephone number of the right-of-way permit applicant; and
(2) Written technical evidence from a qualified and licensed structural engineer that the
proposed DASsmall wireless facilities utility pole or wireless
support structure is capable of supporting the equipment necessary to install, operate
and maintain the DASsmall wireless facility. The engineer shall also certify the
capability of the utility pole or wireless support structure to
provide the adequate support needed considering the existing or other proposed
equipment installations. The engineer shall also assess and state the design safety
margin of the entire public utility str ctureutility pole or wireless support structure
and small wireless facilityDAS. The engineer shall state that within the limits of
engineering certainty,if the utility pole or wireless support
structure would fall or collapse for any reason due to any event,the
stfuetufeutility pole or wireless support structure will be completely contained within
the area identified; and
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(3) A completed right-of-way permit application form as provided by the City; and
(4) A report from a qualified and licensed professional engineer which described the
height and design of the proposed small cell wireless facilityDAS including a cross-
section and elevation; and
(5) A scalable site plan drawn at an engineering scale showing the location of the small
cell wireless facilityDAS in relation to the surrounding structures; and
(6) Foundation, cross-section, and building plans for installation of the small cell wireless
facilityDAS; and
(7) A right-of-way application and fee as required by Chapter 11; and
(8) A building permit application and fee pursuant to Chapter 206;
(9) An escrow fee as set forth in Chapter 11 to be held and utilized in the event the small
cell wireless facilityDAS is abandoned without removal by the applicant and
(10) The right-of-way application shall contain an affirmative statement indicating that
the applicant agrees to comply with the provisions of 205.30.5.E for small cell
wireless facilityDAS performance standards and 206.30.25 for abandonment.
(11) Written,technical evidence from an independent consulting engineer licensed to
practice geological engineering in the State of Minnesota confirming that the soil at
the location of the DASsmall wireless facilityis capable of supporting the his
utility pole or wireless support structure to which the small cell
wireless facilityDAS will be attached.
(12) Documentation that the DASsmall wireless facility has applied for and obtained
any licenses and approvals that are required by federal and state agencies.
B. Action on Small Wireless Facility Permit Applications.
1. Approval or Denial. The city shall approve or deny a small wireless facility permit
application within 90 days after filing of such application. The small wireless facility permit,
and any associated building permit application, shall be deemed approved if the city fails to
approve or deny the application within the review periods established in this section.
a. Consolidated Applications. An applicant may file a consolidated small wireless
facility permit application addressing the proposed collocation of up to 15 small
wireless facilities, or a greater number if agreed to by the city, provided that all
small wireless facilities in the application:
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i. Are located within a two-mile radius
ii. Consist of substantially similar equipment; and
iii. Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the city may approve
some small wireless facilities sites and deny others, but may not use denial of one
or more permits as a basis to deny all small wireless facilities in the application.
b. Tolling of Deadline. The 90-day deadline for action on a small wireless facility
permit application may be tolled if:
i. The city receives applications from one or more applicants seeking
approval of permits for more than 30 small wireless facilities within a
seven-day period. In such case, the city may extend the deadline for
all such applications by 30 days by informing the affected applicants
in writing of such extension.
ii. The applicant fails to submit all required documents or information
and the city provides written notice of incompleteness to the applicant
within 30 days of receipt of the application. Upon submission of
additional documents or information, the city shall have 10 days to
notify the applicant in writing of any missing information.
iii. The city and a small wireless facility applicant agree in writing to toll
the review period.
2. Scope of Approval. An approval of a small wireless facility permit under this section
authorizes the installation, placement, maintenance, or operation of a small wireless facility to
provide wireless service and shall not be construed to confer authorization to (1) provide any
service other than a wireless service, or (2) install, place, maintain, or operate a wireline
backhaul facility in the right-of-way.
3. Denial. Any denial of a right-of-way or small wireless facility permit must be made in
writing and must document the basis for the denial. The city must notify the applicant in writing
within three business days of the decision to deny the permit. If a permit application is denied,
the applicant may cure the deficiencies identified by the city and resubmit its application. If
applicant user resubmits the application within 30 days of receiving written notice of the denial,
no additional filing or processing fee shall be imposed. The city must approve or deny the
revised application within 30 days after the revised application is submitted.
205.30.10. APPLICATION PROCESS
A. Upon submission of an application on an approved site, for an antenna meter reading system,
or DASsmall wireless facility,the City shall notify the applicant in writing to confirm if the
application is complete addressing all of the requirements as required by this Section. If the
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application is incomplete,the letter will specify what information is missing and the applicant
must then submit a new application. If an application is submitted on an approved site which is
owned by the City, a lease agreement must be approved by the City Council. The City shall
comply with the time deadlines for agency action as dictated in Minnesota State Statutes.
Construction or installation on approved sites may begin upon approval of the lease agreement, if
necessary, and issuance of a building permit. Construction or installation on an automated meter
reading system or DASsmall wireless facility may begin upon approval of the application and
issuance of any required permits and execution of any required Collocation Agreement.
B. If a small wireless facility,tower or wireless telecommunications facility is approved by a
special use permit, the applicant must also apply for and receive a building permit.
205.30.11. TOWER HEIGHT
Tower height shall be measured from the average adjoining grade to the highest point of
construction of any tower or wireless telecommunications facilities. Towers are exempt from the
maximum height restrictions of the districts where located. Towers shall be permitted to a height
of one hundred twenty-five (125) feet. An additional 25' of tower height shall be permitted for a
total height of one hundred fifty(150)feet, If all of the following criteria can be met:
A. The tower exists within a lineal dimension of two hundred fifty(250)feet of any one of
the following structures that exceed the height of one hundred and fifty feet. These structures
include: buildings,power lines, and train/rail yard fixtures such as light fixtures,
B. Tower can meet or exceed any local, State,of Federal regulations relative to tower fall
distance.
C. All permits required to replace or expand an existing tower be reviewed and approved by
the City prior to alteration.
205.30.12. STEALTH DESIGN AND EXTERIOR FINISHES
All approved sites,towers, and wireless telecommunications, and small wireless DAS facilities
shall be designed to blend into the surrounding environment. Monopoles with antenna arrays
shall be finished so as to be compatible with other buildings or structures in the area,and shall be
finished with a non-corrosive material. Wireless telecommunications facilities placed on water
towers shall be finished with a non-corrosive material to match the color of the water tower.
205.30.13. ILLUMINATION
Towers shall not be artificially illuminated except as required by the Federal Aviation
Administration("FAA").
205.30.14. LANDSCAPING AND SCREENING
All sites shall include appropriate landscaping as required herein and shall comply with all
landscaping requirements of the underlying zoning district. Accessory above-ground equipment
must utilize existing buildings or structures, if possible. If no existing structures are available,the
owner of the wireless telecommunications facilities may construct such a structure. At minimum,
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all ground equipment shall be fully screened from public rights-of-way or residential property by
existing structures, a brick decorative wall, or a solid one hundred percent(100%)opaque
vegetative enclosure, six feet in height at planting.
205.30.15. SECURITY
All towers must be reasonably posted and secured to protect against trespass. Chain link fences
may be used to protect towers and wireless telecommunications facilities. Barbed or razor wire is
prohibited. All facilities shall be designed to discourage unauthorized climbing on the structure.
All small wireless structures shall be designed in a manner so that the structure from ground
level to twelve feet prevents unauthorized climbing on the structure.
205.30.16. INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY
Installation of wireless telecommunication facilities on water towers will be permitted when the
city is fully satisfied that the following requirements are met:
A. The wireless telecommunications facility will not increase the risks of contamination to the
City's water supply.
B. There is sufficient room on the structure and/or in the grounds to accommodate the wireless
telecommunication facility.
C. The presence of the wireless telecommunication facility will not increase the water tower or
reservoir maintenance costs to the City.
D. The presence of the wireless communication facility will not be harmful to the health of
workers maintaining the water tower or reservoir.
E. All state and federal regulations pertaining to non-ionizing radiation and other health hazards
has been satisfied.
205.30.17. BUILDING PERMIT REQUIRED
A building permit is required for installation of any tower,wireless telecommunications facility,
or small wireless structureDAS. The completed installation, including all associated buildings,
shall comply with all applicable building codes including but not limited to the most currently
adopted version of the N.F.P.A. 70 National Electrical Code,TIA/EIA 222 Structural Standards
for steel antenna towers, and others as may be determined by the Building Official.
205.30.18. SETBACKS
The tower or wireless communications facility shall be located in rear or side yard areas and
shall be set back at least ten(10)feet from side or rear lot lines.
205.30.19. SIGNS
Signs no larger than 4 square feet in size and attached to a structure are the only permitted
signage associated with the tower or wireless telecommunications facility.
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205.30.20. CERTIFICATIONS AND INSPECTIONS
A. All towers and wireless telecommunications facilities shall be periodically reviewed by the
City to be structurally sound and in conformance with the requirements of the City Code,this
Chapter, any conditions of approval placed on a special use permit and all other construction
standards set forth by the City's Code, and federal, state, and local law. Existing sites may be
inspected for compliance with this Section at any time if the City believes there are questions
regarding compliance with the City Code,this Section, any conditions of approval placed on a
special use permit, all other construction standards set forth in the City's Code, and all other
federal, state and local laws.
B. The City and its agents shall have authority to enter onto any approved site, existing site,or
site approved by special use permit between the inspections and certifications required above,to
inspect the site for the purpose of determining whether the sites comply with the State Building
and Electrical Codes,the National Electric Safety Code and all other construction standards
provided by the City's Code and federal and State law.
C. The City reserves the right to conduct such inspections at any time,upon reasonable
notice to the owner(s). All expenses related to such inspections by the City shall be borne
by the site owner(s).
20530.21.MAINTENANCE
A. Ordinary and reasonable care of towers, wireless telecommunications facilities, automatic
meter reading systems/devices, and small wireless facilitiesDAS shall be employed at all times.
All towers,wireless telecommunications facilities, automatic meter reading systems, and small
wireless facilitiesDAS shall at all times be kept and maintained in good condition, order and
repair so that the same shall not menace or endanger the life or property of any person.
B. Owners shall install and maintain towers,wireless telecommunications facilities, automatic
meter reading systems/devices, and small wireless facilitiesDAS in compliance with the
requirements of the National Electric Safety Code and all FCC, State and local regulations, and
in such manner that will not interfere with the use of other property.
C. All maintenance or construction on towers,wireless telecommunications facilities, automatic
meter reading systems/devices, or small wireless facilitiesDAS shall be performed by qualified
maintenance and construction personnel.
A. All owners of wireless telecommunications facilities, automatic meter reading
systems/devices, and small wireless facilitiesDAS shall maintain compliance with current radio
frequency emission standards of the FCC. In order to provide information to its citizens, copies
of all FCC information concerning wireless telecommunications facilities, automatic meter
reading systems/devices, and small wireless facilitiesDAS shall be made available to the City
and updated annually.
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E. In the event the use of a tower, a public utility structure, a wireless telecommunications •
facility, an automatic meter reading system/device, or small wireless facilitiesDAS is
discontinued by the owner of the wireless telecommunications facility, automatic meter reading
system, or small wireless facilitiesDAS, or in the event an owner files notice to the FCC of its
interest to cease operating the owner shall provide written notice to the City of its intent to
discontinue use and the date when the use shall be discontinued.
205.30.22. PRIORITY FOR USE
Priority for use of the installation,maintenance and operation of towers and wireless
telecommunications facilities will be given to the following entitles in descending order:
A. City of Fridley.
B. Public safety agencies,including law enforcement, fire, and ambulance services, which are
not part of the City of Fridley and private entities with a public safety agreement with the City of
Fridley.
C. Other governmental agencies, for uses which are not related to public safety.
D. Entities providing licensed commercial wireless telecommunication services including
cellular,public and personal communication services(PCS), _ •
_. . . - . - -
= -' •• . - •• - • -•. '_- ," , . _ _, and similar services that are marketed to the
general public.
205.30.23. CO-LLOCATION
Towers shall be designed to support more than two wireless telecommunications facilities.
Wireless support structures shall be designed to support more than one small wireless facility.
205.30.24. FEES
The applicant shall pay the fees listed in Chapter 11 for processing a request to install, operate,
and maintain a tower,public utility structure,pad mount device, a wireless telecommunications
facility, an automatic meter reading system and/or devices, or small wireless facilitiesDAS in the
City. If deemed as necessary due to the nature of the application,the applicant shall also be
required to reimburse the City for its cost to retain a consultant to review the requested
application.
20530.25. ABANDONMENT
If any site for which approval to install,maintain,and operate a tower, or a public utility
structure, or wireless telecommunications facilities, automatic meter reading systems or s
wireless facilitiesDAS has been granted by the City shall cease to be used for a period of 365
consecutive days,the City shall notify the wireless telecommunications facility operator,
automatic meter reading device operator,the DAS small wireless facility operator and the owner
of the property,that said site or system has been deemed abandoned. Upon a finding of
abandonment by the City,the tower,public utility structure,wireless telecommunications
facilities, automatic meter reading system, or small wireless facilitiesDAS must be removed or
an annual user fee shall be paid to the City. If it is determined that the abandoned tower,public
21
utility structure, wireless telecommunications facility, automatic meter reading system or small
wireless facilitiesDAS cannot be removed in a reasonable time period by the owner or operator,
the City shall assess all costs related to the removal to the owner(s)or operator(s), according to
the procedures established in Chapter 128 of the City Code.
205.30.26. NO RECOURSE
No Recourse against the City. Every permit issued to an applicant for construction, installation,
maintenance, or operation of a wireless telecommunications facility, automated meter reading
system/device or small wireless facilitiesDAS shall provide that,without limiting such
immunities as the City of other persons may have under applicable law, an applicant/permit
holder shall have no monetary recourse whatsoever against the City of its elected officials,
boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage
arising out of any provision or requirements of this Ordinance or because of the enforcement or
lack of enforcement of this Ordinance or the City's exercise of its authority pursuant to this
Ordinance, a permit, a lease, or other applicable law,unless the same shall be caused by criminal
acts or by willful gross negligence.Nothing herein shall be construed as a waiver of sovereign
immunity.
205.30.27. DATA PRACTICES
All documentation submitted pursuant to this Chapter by an applicant shall be subject to and
governed by the Minnesota Government Data Practices Act.
205.30.28. SEVERABILITY
If any clause, section, or other part of this Section shall be held invalid or unconstitutional by any
court of competent jurisdiction,the remainder of this Section shall not be affected thereby,but
shall remain in full force and effect.
205.30.29.VIOLATION
Any person who shall violate any of the provisions of this Section shall be guilty of a
misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code.
SECTION II: That Chapter 11 FEES be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 11. GENERAL PROVISIONS AND FEES
Section 11.10.FEES
205.30 Telecommunications Permit to Locate on Approved Site $400 user/tower
Telecommunications Towers and Facilities District
$500
205.30.24 DAS-Small Wireless Facility in a R-1,Single $1,500
Family Zoning District Application Review Fee
205.30.9(9)DAS Small Wireless Facility Abandonment $2,000
Escrow
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
18TH DAY OF DECEMBER,2017.
Scott J. Lund,Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: December 11, 2017
First Reading: December 11, 2017
Second Reading: December 18,2017
Publication Date: December 29,2017
23
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205.30 0-5,TELECOMMUNICATIONS
TOWERS AND FACILITIES DISTRICT TO ADD LANGUAGE TO ACCOMMODATE
RECENT LEGISLATIVE CHANGES RELATED TO SMALL WIRELESS
INSTALLATIONS IN THE RIGHT OF WAY
I. Title
An ordinance that amends Sections 205.30 of the Fridley City Code for the purpose of adding
language to the code to accommodate recent legislative changes related to small wireless
installations in the right of way.
II. Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Ch. 205.30 0-5, Telecommunications Towers and Facilities District is hereby amended to
add language to the code that universally defines small wireless facilities and related definitions
created by the legislation. It's amended to require a special use permit for equipment to be
installed in a Single Family neighborhood and create regulations related to collocation. This
amendment will also create a process for handling application and the timeline specific to this
type of technology. All amendments are related to recently approved state legislation.
III. Notice
This Title and Summary has been published to clearly inform the public of the intent and effect of
the City of Fridley's Telecommunication Towers and Facilities District Ordinance. A copy of the
ordinance,in its entirety,is available for review by any person during regular business hours at the
offices of the City Clerk of the City of Fridley,6431 University Avenue N.E.,Fridley,MN 55432.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
18m DAY OF DECEMBER 2017.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 11, 2017
First Reading: December 11,2017
Second Reading: December 18,2017
Published: December 29,2017
24
AGENDA ITEM
y CITY COUNCIL MEETING OF
DECEMBER 18, 2017
TO: Walter Wysopal, City Manager PW17-075
FROM: James Kosluchar, Public Works Director
Stacy Stromberg, Planner
DATE: December 14, 2017
SUBJECT: Second Reading of an Ordinance and Approval of Summary Ordinance
Repealing and Replacing Chapter 407 Rights-of-Way Management and
Amending Chapter 11 Fees
In conjunction with a proposed text amendment to Chapter 205,Telecommunications and
Towers driven by legislation passed by the State of Minnesota in 2017,the City is required
to permit the installation of small wireless facilities within public rights-of-way. In order to
most efficiently conform to the new statutory requirements,the League of Minnesota Cities,
along with the Suburban Rate Authority, developed an updated standard right-of-way
ordinance for use by Minnesota cities. The City Attorney and staff have incorporated
applicable language into Fridley Code Chapter 407 Rights-of-Way Management in the
attached proposed ordinance.
The changes relating to the required updates associated with Small Wireless Facilities in
the Rights-of-Way Management ordinance are numerous,therefore the City Attorney has
recommended repealing the entire chapter and replacing it with the attached. The new
ordinance also:
1. Updates dated references since its passage in 2003.
2. Clarifies that certain types of work induding tree planting, landscaping, and other
obstructions are subject to this chapter.
3. Allows waiving of right-of-way permitting and fees for repairs to City utility services
when a separate utility permit is obtained by a registered contractor.
4. Reduces the limits for obstructions that do not require a permit from eight hours to
four hours during daylight.
5. Establishes fees for permitting of small wireless facilities, and increases fees for
excavation permits from$300 to$350(these have not been adjusted since 2003).
In addition,the attached ordinance modifies fees in Chapter 11 to conform to new statutory
requirements.
The first reading of this ordinance was held on December 11,2017,and no comments have
been received. One clarification was made since the first reading;that the$150 permit fee
for small wireless facility sites is per site (to recover costs associated with consolidated
permit applications).
25
Staff is recommending that the City Council move to hold the second reading of the
attached Ordinance Repealing and Replacing Chapter 407 Rights-of-Way
Management and Amending Chapter 11 Fees and adopt the attached Summary
Ordinance. If approved, the City Clerk's office will publish the attached summary
ordinance (found on the final page of this item), and the new ordinance will become
effective 14 days after publication.
JPK/jk
Attachments
26
Fridley City Code Chapter 407 Section 407.32.
ORDINANCE NO.2017-
CITY OF FRIDLEY,
ANOKA COUNTY,MINNESOTA
AN ORDINANCE TO REPEAL CHAPTER 407 AND ENACT A NEW CHAPTER OF
THE CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC
RIGHTS OF WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE
ISSUANCE AND REGULATION OF RIGHT OF WAY PERMITS AND TO AMEND
CHAPTER 11 TO REFLECT NEW FEES FOR SMALL WIRELESS FACILITIES IN
THE PUBLIC RIGHTS OF WAY
The Fridley City Council hereby finds after review,examination and recommendation of staff that
existing Chapter 407 related to Rights of Way Management be hereby repealed in its entirety and a new
Chapter 407 related to Rights of Way Management be enacted and ordains as follows:
SECTION I: That existing Chapter 407 RIGHTS-OF-WAY MANAGEMENT established by City
of Fridley Ordinance No.945,1116,and 1139 be repealed in its entirety.
SECTION II: That a new Chapter 407 RIGHTS-OF-WAY MANAGEMENT be enacted as
follows:
FRIDLEY CITY CODE
CHAPTER 407. RIGHTS-OF-WAY MANAGEMENT
407.01. FINDINGS AND PURPOSE
1. To provide for the health, safety and well-being of its citizens, and to ensure the structural
integrity of its streets and the appropriate use of the public rights-of-way,the City strives to
keep its public rights-of-way in a state of good repair and free from unnecessary
encumbrances. Although the general population bears the financial burden for the upkeep of
the public rights-of-way, a primary cause for the early and excessive deterioration of its
public rights-of-way is frequent excavation by persons whose equipment or facilities are
located therein.
Public right-of-way obstruction is a source of frustration for merchants,business owners and
the general population which must avoid these obstructions or change travel or shopping
plans because of them and has a detrimental effect on commerce. Persons whose equipment
or facilities is located within the public right-of-way are the primary cause of these frequent
obstructions.
The City holds the public rights-of-way within its geographical boundaries as an asset in trust
for its citizens. The City and other public entities have invested millions of dollars in public
funds to build and maintain the public rights-of-way. It also recognizes that some persons,
by placing their equipment or facilities in the public right-of-way and charging the citizens of
the City for goods and services delivered thereby, are using this property held for the public
good. Although such services are often necessary or convenient for the citizens, such
persons receive revenue and/or profit through their use of public property.
As a result of all these intrusions in the public right-of-way, it is appropriate for the City to
27
establish a system of documenting what is placed in the public rights-of-way within its
municipal boundaries to inform its citizens and the other public entities of the equipment or
facilities that have been placed in the right-of-way that is held in trust for them.
2. In response to the foregoing facts, the City hereby enacts this Chapter of the City Code
relating to right-of-way permits and administration,. This Chapter imposes reasonable
regulations on the placement and maintenance of facilities and equipment currently within
the City's public rights-of-way or to be placed therein at some future time. It is intended to
complement the regulatory roles of state and federal agencies. Under this Chapter,persons
disturbing and obstructing the public rights-of-way will bear the financial responsibility for
their work. Finally,this Chapter provides for recovery of out-of-pocket and projected costs
from persons using the public rights-of-way.
This Chapter shall be interpreted consistently with Minnesota Statutes, Sections 237.16,
237.162, 237.163, 237.79, 237.81 and 238.086 and the other laws governing applicable
rights of the City and users of the right-of-way. This Chapter shall also be interpreted
consistently with Minnesota Rules, Chapter 7819 where possible. To the extent any
provision of this Chapter cannot be interpreted consistently with the Minnesota Rules, that
interpretation most consistent with the Act and other applicable statutory and case law is
intended.
3. In addition to the foregoing recovery of costs and regulation of use, the City Council
determines that there is an existing and legitimate state and local public policy, which
authorizes the City to require payments as reimbursement or return to the public for the use
value of the public rights-of-way from those who obtain revenue or profits from such use.
This reimbursement is provided for and defined in this ordinance as the"user fee."This fee
does not apply to the repair, replacement or reconstruction of an existing facility.
Telecommunication facilities are exempt from a user fee by state statute.
a. Public Interest and Welfare.
The City Council finds that it is in the public interest to provide for the payment of a
user fee by all persons who use and occupy the right-of-way for operating their
businesses. This provides equity by requiring all users of the public right-of-way to pay
compensation apportioned equally among them all for the value and benefit of using
such public right-of-way. To ensure such fair treatment, this Chapter exempts franchise
holders which pay franchise fees to the City on the date of adoption of this Chapter from
the payment of a user fee.
b. Nota Rate.
The City Council finds and determines that the user fee authorized by this Chapter is not
and is not intended to be a rate as that term is defined in Minnesota Statutes, Section
216B.02, Subd. 5. Such user fee is not a fee for a service that is provided to the
customer of a person using the public right-of-way,but is rather a fee paid for the right
of that person to operate in the public right-of-way,and to maintain the equipment in the
public right-of-way in the City of Fridley.
4. Pursuant to the authority granted to the City under state and federal statutory,administrative
and common law,the City hereby elects to manage rights of way within its jurisdiction.
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407.02. DEFINITIONS
The following definitions apply in this Chapter of this Code. References hereafter to"sections"
are, unless otherwise specified, references to sections in this Chapter. Defined terms remain
defined terms whether or not capitalized.
1. "Abandoned facility"means a facility no longer in service or physically disconnected from a
portion of the operating facility, or from any other facility, that is in use or still carries
service. A facility is not abandoned unless declared so by the Right-of-Way User.
2. "Applicant"means any Person requesting permission to excavate or obstruct a Right-of-Way.
3. "City"means the City of Fridley,Minnesota. For purposes of section 407.27, City means its
elected officials,officers,employees and agents.
4. "Collocate"or"Collocation"means to install,mount,maintain,modify, operate,or replace a
small wireless facility on, under, within, or adjacent to an existing wireless support structure
or utility pole that is owned privately,or by the City or other governmental unit.
5. "Commission"means the State of Minnesota Public Utilities Commission.
6. "Congested Right-of-Way"means a crowded condition in the subsurface of the public right-
of-way that occurs when the maximum lateral spacing between existing underground
facilities does not allow for construction of new underground facilities without using hand
digging to expose the existing lateral facilities in conformance with Minnesota Statutes,
Section 216D.04, Subd. 3,over a continuous length in excess of 500 feet.
7. "Construction Performance Bond"means any of the following forms of security provided at
permittees option:
a. Individual project bond
b. Cash deposit
c. Security of a form listed or approved under Minnesota Statutes, Section 15.73,
Subd.3
d. Letter of Credit,in a form acceptable to the City
e. Self-insurance,in a form acceptable to the City
f. A blanket bond for projects within the City, or other form of construction bond,
for a time specified and in a form acceptable to the City.
8. "Degradation"means a decrease in the useful life of the Right-of-Way caused by excavation
in or disturbance of the Right-of-Way, resulting in the need to reconstruct such Right-of-
Way earlier than would be required if the excavation did not occur.
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9. "Degradation Cost" means the cost to achieve a level of restoration as determined by the
City at the time the permit is issued,not to exceed the maximum restoration shown in plates
1 to 13,set forth in Minnesota Rules,Parts 7819.9900 to 7819.9950.
10."Degradation Fee"means the estimated fee established at the time of permitting by the City
to recover costs associated with the decrease in the useful life of the Right-of-Way caused
by the excavation,and which equals the Degradation Costs.
11."Department"means the Department of Public Works of the City.
12. "Director" means the Director of the Department of Public Works of the City, or the
Director's designee.
13."Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation,obstruction,patching,or restoration as establish by permit.
14."Emergency" means a condition that (1) poses a clear and immediate danger to life or
health, or of a significant loss of property; or(2) requires immediate repair or replacement
of Facilities in order to restore service to a customer.
15."Equipment" means any tangible asset used to install, repair, or maintain Facilities in any
Right-of-Way.
16."Excavate or excavation" means to dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
17."Excavation Permit" means the permit which, pursuant to this Chapter, must be obtained
before a Person may excavate in a Right-of-Way. An Excavation Permit allows the holder
to excavate that part of the Right-of-Way described in such permit.
18. "Excavation Permit Fee" means money paid to the City by an Applicant to cover the costs
as provided in Chapter 11 of this Code.
19."Facility or Facilities" means any tangible asset in the Right-of-Way required to provide
Utility Service.
20."Five-year project plan" is a plan showing projects adopted by the City for construction
within the next five years.
21."High density corridor"means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be
required to build and install facilities in a common conduit system or other common
structure.
22. "Hole"means an excavation in the pavement, with the excavation having a length less than
the width of the pavement.
23."Local Representative" means a local person or persons, or designee of such Person or
Persons, authorized by a Registrant to accept Service and to make decisions for that
Registrant regarding all matters within the scope of this Chapter.
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24."Management Costs"means the actual costs the City incurs in managing its Rights-of-Way,
including such costs, if incurred, as those associated with registering Applicants; issuing,
processing, and verifying Right-of-Way permit applications and inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during
right-of-way work; determining the adequacy of right-of-way restoration; restoring work
inadequately performed after providing notice and the opportunity to correct the work; and
revoking right-of-way permits. Management costs do not include payment by a
Telecommunications Right-of-way User for the use of the right-of-way,the fees and cost of
litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123;
Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those
sections, or the City fees and costs related to appeals taken pursuant to Section 407.29 of
this Chapter.
25. "Obstruct" to place any tangible object in a Right-of-Way so as to hinder free and open
passage over that or any part of the Right-of-Way for a period in excess of 4 consecutive
daylight hours.
26. "Obstruction Permit" means the permit which, pursuant to this Chapter, must be obtained
before a Person may obstruct a Right-of-Way, allowing the holder to hinder free and open
passage over the specified portion of that Right-of-Way for a period over 4 daylight hours
by placing Equipment described therein on the Right-of-Way for the duration specified
therein.
27. "Obstruction Permit Fee"means money paid to the City by a Permittee to cover the costs as
provided in Chapter 11 of this Code.
28. "Patch or Patching" means a method of pavement replacement that is temporary in nature.
A Patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind,of the existing pavement for a minimum of two feet beyond the edges
of the excavation in all directions. A Patch is considered full Restoration only when the
pavement is included in the City's five-year project plan.
29."Pavement"means any type of improved surface that is within the public right-of-way and
that is paved or otherwise constructed with asphalt,concrete,aggregate or gravel.
30."Permit" Has the meaning given "right of way permit" in Minnesota Statutes, Section
237.162.
31. "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right-of-Way
has been granted by the City under this Chapter.
32. "Person" means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit,and whether natural,corporate or political.
33. "Probation" means the status of a Person that has not complied with the conditions of this
Chapter.
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34. "Probationary Period" means one year from the date that a Person has been notified in
writing that they have been put on Probation.
35. "Repair" means the temporary construction work necessary to make the Right-of-Way
useable for travel.
36. "Registrant" means any Person who (1) has or seeks to have its Equipment or Facilities
located in any Right-of-Way, or(2)in any way occupies or uses,or seeks to occupy or use,
the Right-of-Way or place its Equipment or Facilities in the Right-of-Way.
37. "Registration fee"means money paid to the City by a Registrant to cover the cost associated
with registration.
38."Restore or Restoration" means the process by which an excavated Right-of-Way and
surrounding area, including pavement and foundation is returned to the same condition and
life expectancy that existed before excavation.
39. "Restoration Cost" means the amount of money paid to the City by a Permittee to achieve
the level of restoration according to plates 1 to 13 to Minnesota Rules,Chapter 7819.
40."Right-of-Way or Public Right-of-Way" means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City,
county or State has an interest, including other dedicated rights-of-way for travel purposes
and utility easements of the City, county or State. A Right-of-Way does not include the
airwaves above a Right-of-Way with regard to cellular or other nonwire telecommunications
or broadcast service.
41. "Right-of-Way Permit" means the Excavation Permit, the Obstruction Permit, and/or the
Small Wireless Facility Permit,depending on the context,required by this Chapter.
42."Right-of-way User" means (1) a telecommunications right-of-way user as defined by
Minnesota Statutes, Section 237.162, subd. 4; or (2) a person owning or controlling a
facility in the right-of-way that is used or intended to be used for providing utility service,
and who has a right under law,franchise,or ordinance to use the public right-of-way.
43."Service"or"Utility Service" includes but is not limited to(1)those services provided by a
public utility as defined in Minnesota Statutes, Section 216B.02,subds.4 and 6;(2)services
of a telecommunications right-of-way user, including transporting of voice or data
information; (3) services of a cable communications systems as defined in Minnesota
Statutes, Chapter 238; (4) natural gas or electric energy or telecommunications services
provided by the City; (5) services provided by a cooperative electric association organized
under Minnesota Statutes, Chapter 308A; and (6) water, sanitary sewer, and storm water,
including service laterals,steam,cooling,or heating services.
44."Service Lateral" means an underground facility that is used to transmit, distribute or
furnish Utility Service from a common source to an end-use customer or premises.
45."Small Wireless Facility" means a wireless facility that meets both of the following
qualifications:
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a. Each antenna is located inside an enclosure of no more than six cubic feet in volume
or could fit within such an enclosure;and
b. All other wireless equipment associated with the small wireless facility provided
such equipment is,in aggregate,no more than 28 cubic feet in volume,not including
electric meters, concealment elements, telecommunications demarcation boxes,
battery backup power systems,grounding equipment,power transfer switches,cutoff
switches, cable, conduit, vertical cable runs for the connection of power and other
services, and any equipment concealed from public view within or behind an
existing structure or concealment.
46. "Supplementary Application" means an application made to permit impacts to more of the
Right-of-Way than permitted, or to extend the duration of a permit that had already been
issued.
47."Telecommunication Rights-of-Way User"means a Person owning or controlling a Facility
in the Right-of-Way,or seeking to own or control a Facility in the Right-of-Way that is used
or is intended to be used for transporting telecommunication or other voice or data
information. For purposes of this Chapter, a cable communication system defined and
regulated under Minnesota Statutes, Chapter 238, and telecommunication activities related
to providing natural gas or electric energy services whether provided by a public utility as
defined in Minnesota Statutes, Section 216B.02 a municipality, a municipal gas or power
agency organized under Minnesota Statutes, Chapters 453 and 453A, or a cooperative
electric association organized under Minnesota Statutes, Chapter 308A, are not
Telecommunications Right-of-Way Users for purposes of this Chapter except to the extent
such entity is offering wireless service.
48."Temporary surface"means the compaction of subbase and aggregate base and replacement,
in kind, of the existing pavement only to the edges of the excavation. It is temporary in
nature except when the replacement is of pavement included in the City's two-year project
plan,in which case it is considered full restoration.
49."Toll"means to stop the running of relevant the time period,such as a review period.
50. "Trench"means an excavation in the pavement,with the excavation having a length equal to
or greater than the width of the pavement.
51. "Two-year project plan"shows projects adopted by the City for construction within the next
two years.
52."Unusable or Unused Equipment and Facilities" means Equipment and Facilities in the
Right-of-Way which have remained unused for one year and/or for facilities that are not
registered or located by Gopher One Call or for which the Registrant is unable to provide
proof that it has either a plan to begin using it within the next twelve (12) months or a
potential purchaser or user of the Equipment or Facilities.
53."User Fee" is the sum of money, payable to the City, by a person who is neither furnishing
utility services nor a telecommunications right of way user using or occupying the Right-of-
Way;provided,however,that the City may at its option provide,at any time by ordinance or
by amendment thereto, for a greater or different fee applicable to all such persons in an
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amount and by a method of determination as may be further provided in such ordinance or
amendment thereto.
54."Wireless Facility" means equipment at a fixed location that enables the provision of
wireless services between user equipment and a wireless service network, including
equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-
optic cable, regular and backup power supplies, and a small wireless facility, but not
including wireless support structures, wireline backhaul facilities, or cables between utility
poles or wireless support structures, or not otherwise immediately adjacent to and directly
associated with a specific antenna.
55."Wireless Service" means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device,that is
provided using wireless facilities. Wireless service does not include services regulated under
Title VI of the Communications Act of 1934,as amended,including cable service.
56."Wireless Support Structure"means a new or existing structure in a right-of-way designed to
support or capable of supporting small wireless facilities, as reasonably determined by the
City.
407.03. ADMINISTRATION
1. Responsibility.
The Director is the principal City official responsible for the administration of the Rights-of-
Way, Right-of-Way Permits, and the ordinances related thereto. The Director may delegate
any or all of the duties hereunder.
2. Franchise Supremacy.
The City may, in addition to the requirements of this Chapter,require any person which has
or seeks to have equipment located in any Right-of-Way to obtain a franchise to the full
extent permitted by law now or hereinafter enacted. The terms of any franchise which are in
direct conflict with any provision of this Chapter whether granted prior or subsequent to
enactment of this Chapter, shall control and supersede the conflicting terms of this Chapter.
All other terms of this Chapter shall be fully applicable to all Persons whether franchised or
not.
407.04. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY
1. Registration.
Each person who occupies, uses, or seeks to occupy or use, the public Right-of-Way or
place any Equipment or Facilities in the Right-of-Way, including Persons with installation
and maintenance responsibilities by lease, sublease or assignment, must register with the
City. Registration will consist of providing application information and paying a
registration fee.
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2. Registration Prior to Work.
No Person may construct, install,repair,remove,relocate, or perform any other work on, or
use any Equipment or Facility or any part thereof in any Right-of-Way without first being
registered with the City.
3. Exceptions.
a. Ground Cover Plantings and Gardens.
Nothing herein shall be construed to repeal or amend the provisions of a City ordinance
permitting Persons to plant or maintain boulevard ground cover plantings or gardens in
the area of the Right-of-Way between their property and the street curb. Persons
planting or maintaining boulevard ground cover plantings or gardens shall not be
deemed to use or occupy the Right-of-Way, and shall not be required to obtain any
permits for planting or maintaining such boulevard ground cover plantings or gardens
under this Chapter. Planting or maintenance of trees, shrubs, and installation or
maintenance of structural landscaping, signs, poles, fences, and any other visual or
physical obstructions are subject to the provisions of this Chapter at the discretion of the
Director.
b. City Utility Service Repair.
The Director may exempt some or all permit requirements and permit fees for
Excavations and Obstructions for repairs of City utility service laterals,including water,
sanitary sewer, and storm sewer if a utility permit is issued in conjunction with the work
and registration and mapping information is provided by the Person or contractor
associated with the repair consistent with this Chapter.
c. Gopher State One Call Law.
In addition,nothing herein relieves a Person from complying with the provisions of the
Minnesota Statutes, Chapter 216D, known informally as the "Gopher State One Call"
law.
407.05. REGISTRATION INFORMATION
1. Information Required.
The information provided to the City at the time of registration shall include,but not be limited
to:
a. Each Registrant's name,Gopher One-Call registration certificate number,address and
email address if applicable,and telephone and facsimile numbers.
b. The name, address and E-mail address, if applicable, and telephone and facsimile
numbers of a Local Representative. The Local Representative or designee shall be
available at all times. Current information regarding how to contact the Local
Representative in an Emergency shall be provided at the time of registration.
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c. A certificate of insurance or self-insurance acceptable by the City:
(1) Verify that an insurance policy has been issued to the Registrant by an insurance
company licensed to do business in the State of Minnesota, or a form of self
insurance acceptable to the City;
(2) Verifying that the Registrant is insured against claims for Personal injury,
including death, as well as claims for property damage arising out of the (i) use
and occupancy of the Right-of-Way by the Registrant, its officers, agents,
employees and Permittees,and(ii)placement and use of Facilities in the Right-of-
Way by the Registrant, its officers, agents, employees and Permittees, including,
but not limited to, protection against liability arising from completed operations,
damage of underground Facilities and collapse of property;
(3) Naming the City as an additional insured as to whom the coverages required
herein are in force and applicable and for whom defense will be provided as to all
such coverages;
(4) Requiring that the City be notified thirty (30) days in advance of cancellation of
the policy or material modification of a coverage term;
(5) Indicating comprehensive liability coverage, automobile liability coverage,
workers compensation and umbrella coverage established by the City in amounts
sufficient to protect the City and the public and to carry out the purposes and
policies of this Chapter.
a. The City may require a copy of the actual insurance policies.
b. If the Person is a corporation, a copy of the certificate required to be filed under
Minnesota Statutes, Section 300.06 as recorded and certified to by the Secretary of
State.
c. A copy of the Person's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other applicable state or federal agency, where the
Person is lawfully required to have such certificate from said Commission or other
state or federal agency.
2. Notice of Changes.
The Registrant shall keep all of the information listed above current at all times by providing
to the City information as to changes within fifteen(15)days following the date on which the
Registrant has knowledge of any change.
3. Grant of Right;Payment of User Fee.
Any person required to register under Section 407.04, which occupies, uses, or places its
equipment in the public right-of-way but who is not a telecommunications right of way user
or a right of way user as defined by this Chapter and Minnesota Statutes Chapter 237, is
hereby granted a right to do so if and only so long as it (1) timely pays the user fee as
provided herein, and(2)complies with all other requirements of law. This legal entitlement
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shall not include use of the right-of-way for purposes in furtherance of furnishing utility
services for which additional authorization is required by this Code or other state or federal
law,unless the person pays the user fee for such non-utility service use.
The user fee reflects the value of the right-of-way needed for new facilities and is based on
the average market value of the land, adjusting for the cost of acquisition and non-exclusive
use. The dimensions of the occupied land shall incorporate the Gopher One Call criteria of
2-foot clearance on all sides. Such fee shall be paid to the City in substantially equal
(quarterly, semi-annual, annual) installments, subject to adjustment and correction at the
conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar
year, prorated on a daily basis, during any time period in which the said person uses or
occupies the right-of-way to furnish utility serviced, or places, maintains or uses its wires,
mains,pipes,or any other facilities or equipment in the right-of-way.
This section does not apply to a person who uses and occupies the right-of-way for operating
their business when there is a pre-existing franchise agreement between that person and the
City and the payment of a franchise fees, nor does it apply to the repair, replacement or
reconstruction of an existing facility.
The grant of such right is expressly conditioned on,and is subject to, continuing compliance
with all provisions of law,including this Chapter.
407.06. REPORTING OBLIGATIONS
1. Operations.
Each Registrant proposing to work in the City shall, at the time of registration and by
December 1 of each year, file a construction and major maintenance plan for underground
Facilities with the City. Such plan shall be submitted using a format designated by the City
and shall contain the information determined by the City to be necessary to facilitate the
coordination and reduction in the frequency of Excavations and Obstructions of Rights-of-
Way.
The plan shall include,but not be limited to,the following information:
a. The locations and the estimated beginning and ending dates of all Projects to be
commenced during the next calendar year (in this section, a "Next-year Project");
and
b. To the extent known, the tentative locations and estimated beginning and ending
dates for all Projects contemplated for the five years following the next calendar year
(in this section,a"Five-year Project").
The term "project" in this section shall include both Next-year Projects and Five-year
Projects.
By January 1 of each year the City will have available for inspection a composite list of all
Projects of which the City has been informed in the annual plans. All Registrants are
responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each Registrant may change any Project in its list of Next-year
Projects, and must notify the City and all other Registrants of all such changes in said list.
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Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project of
another Registrant listed by the other Registrant.
2. Additional Next-year Projects.
Notwithstanding the foregoing, the City will not deny an application for a Right-of-Way
Permit for failure to include a project in a plan submitted to the City if the Registrant has
used commercially reasonable efforts to anticipate and plan for the project.
3. Applicants obtaining Anoka County Highway or Minnesota Department of Transportation
right-of-way permits for facilities in their rights-of-way within the corporate limits of the
City must provide a copy to the City and submit a copy of the plans with mapping data for
recording purposes per Section 407.21.
407.07. PERMIT REQUIREMENT
1. Permit Required.
Except as otherwise provided in this Code,no Person may Obstruct or Excavate any Right-
of-Way, or install or place facilities in the right of way without first having registered and
obtained the appropriate Right-of-Way Permit from the City to do so.
a. Excavation Permit.
An Excavation Permit is required to excavate that part of the Right-of-Way
described in such permit and to hinder free and open passage over the specified
portion of the Right-of-Way by placing equipment or facilities described therein, to
the extent and for the duration specified therein.
Multiple excavations limited to 600 feet are considered one project and require an
Excavation Permit.
Each permit application will require the mapping data per Section 407.21.
b. Obstruction Permit.
An Obstruction Permit is required to hinder free and open passage over a specified
portion of Right-of-Way for periods in excess of 4 consecutive daylight hours by
placing Equipment described therein on the Right-of-Way, to the extent and for the
duration specified therein.
An Obstruction Permit is not required if a Person already possesses a valid
Excavation Permit for the same project. Failure to obtain an Obstruction Permit
prior to the obstruction will require an after-the-fact obstruction permit plus payment
of a delay penalty.
c. Small Wireless Facility Permit
A small wireless facility permit is required by a registrant to erect or install a
wireless support structure, to collocate a small wireless facility, or to otherwise
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install a small wireless facility in the specified portion or the right of way, to the
extent specified therein, provided that such permit shall remain in effect for the
length of time the facility is in use,unless lawfully revoked.
d. Permit Waiver
In the event of a major catastrophe or emergency declared by the City requiring the
restoration of services that are within the right-of-way, the requirement for permits
and permit fees may be waived by the City at its discretion.
After restoration of the service has been completed, an updated mapping plan per
Section 407.21 must be submitted to the City within 60 days.
2. Permit Extensions.
No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified in
the permit unless such Person (i) makes a Supplementary Application for another Right-of-
Way Permit before the expiration of the initial permit, and (ii) a new permit or permit
extension is granted.
3. Delay Penalty.
Notwithstanding subd. 2 of this section,the City shall establish and impose a Delay Penalty
in accordance with Minnesota Rule, Part 7819.1000 subp. 3 for unreasonable delays not
including days during which work cannot be done because of circumstances constituting
force majeure or days when work is prohibited as unseasonal or unreasonable in completion
of permitted Right-of-Way activity. The Delay Penalty shall be established from time to
time by the City Council and shall include any delay or damages charged by the City's
construction contractor and may include liquidated damages consistent with the contract.
4. Permit Display.
Permits issued under this Chapter shall be conspicuously displayed or otherwise available at
all times at the indicated work site and shall be available for inspection by the City.
407.08. PERMIT APPLICATIONS
Application for a permit is made to the City. Right-of-Way Permit applications shall contain,
and will be considered complete only upon compliance with the requirements of the following
provisions.
1. Registration with the City pursuant to this Chapter.
2. Submission of a completed permit application form, including all required attachments, and
scaled drawings showing the location and area of the proposed project and the location of all
known existing and proposed Facilities.
3. Payment of money due the City for
a. permit fees,estimated Restoration Costs and other Management Costs;
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b. prior permitted or unpermitted Right-of-Way activity;
c. any undisputed loss, damage,or expense suffered by the City because of Applicant's
prior activity in the Rights-of-Way or any Emergency actions taken by the City;
d. franchise or user fees,if applicable.
4. Payment of disputed amounts due the City by posting security or depositing in an escrow
account an amount equal to at least 110%of the amount owing.
5. When an Excavation Permit is requested for purposes of installing additional Facilities, and
the posting of a Construction Performance Bond for the additional Facilities is insufficient,
the posting of an additional or larger Construction Performance Bond for the additional
Facilities may be required.
407.09. ISSUANCE OF PERMIT;CONDITIONS
1. Permit Issuance.
If the Applicant has satisfied the requirements of this Chapter,the City shall issue a permit.
2. Conditions.
The City may impose reasonable conditions upon the issuance of the permit and the
performance of the Applicant thereunder to protect the health, safety and welfare or when
necessary to protect the Right-of-Way and its current use.
3. Compliance with Laws.
In addition,a permittee shall comply with all requirements of local,state,and federal laws,
including but not limited to Minnesota Statutes,Section 216D.01 - .09(Gopher One Call
Excavation Notice System)and Minnesota Rules,Chapter 7560.
4. Supplemental Provisions for Small Wireless Facility Permits
a. Small Wireless Facility Agreement.
A Small Wireless Facility shall only be collocated on a small wireless support
structure owned or controlled by the City,or any other City asset in the right-of-way,
after the Applicant has executed a standard small wireless facility collocation
agreement with the City. The standard collocation agreement may require payment
of the following:
(1) Up to$150 per year for rent to collocate on the City structure;
(2) $25 per year for maintenance associated with the collocation;
(3) A monthly fee for electrical service as follows:
i. $73 per radio node less than or equal to 100 maximum watts;
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ii. $182 per radio node over 100 maximum watts;or
iii. The actual costs of electricity, if the actual cost exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the
required small wireless facility permit, provided, however, that the Applicant shall
not be additionally required to obtain a license or franchise in order to collocate.
Issuance of a small wireless facility permit does not supersede, alter or affect any
then-existing agreement between the City and Applicant.
b. Deadline for Action
The City shall approve or deny a small wireless facility permit application within 90
days after filing of such application. The small wireless facility permit, and any
associated building permit application, shall be deemed approved if the City fails to
approve or deny the application within the review periods established in this section.
c. Consolidated Permit Applications
An Applicant may file a consolidated small wireless facility permit application
addressing the proposed collocation of up to 15 small wireless facilities, or a greater
number if agreed to by a local government unit, provided that all small wireless
facilities in the application:
(1) Are located within a two-mile radius;
(2) Consist of substantially similar equipment;and
(3) Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve
some small wireless facilities and deny others,but may not use denial of one or more
permits as a basis to deny all small wireless facilities in the application.
d. Tolling for Action
The 90-day deadline for action on a small wireless facility permit application may be
tolled if
(1) The City receives applications from one or more Applicants seeking approval of
permits for more than 30 small wireless facilities within a seven-day period. In
such case, the City may extend the deadline for all such applications by 30 days
by informing the affected Applicants in writing of such extension.
(2) The Applicant fails to submit all required documents or information and the City
provides written notice of incompleteness to the Applicant within 30 days of
receipt the application. Upon submission of additional documents or
information,the City shall have ten days to notify the Applicant in writing of any
still-missing information.
(3) The City and a small wireless facility Applicant agree.in writing to toll the
review period.
407.10 PERMIT FEES
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1. Excavation Permit Fee.
The Excavation Permit Fee shall be established by the City in an amount sufficient to
recover the following costs:
a. City Management Costs;
b. Mapping Costs;
c. Degradation Costs,if applicable.
2. Obstruction Permit Fee.
The Obstruction Permit Fee shall be in an amount sufficient to recover the City
Management Costs associated with recording and inspecting the right-of-way obstruction.
3. Small Wireless Facility Permit Fee.
The City shall impose a small wireless facility permit fee in an amount sufficient to recover:
a. City Management Costs;
b. City engineering, make-ready, and construction costs associated with collocation of
small wireless facilities;
c. Mapping Costs;
d. Degradation Costs,if applicable.
4. Payment of Permit Fees.
a. No Right-of-Way Permit shall be issued without payment of associated Right-of-Way
Permit Fees, unless otherwise specified in this Chapter. The City may allow
Applicant to pay such fees within thirty(30)days of billing.
b. The mapping portion of the excavation fees is waived if the mapping data provided to
the City is in a GIS format compatible with the City's standards.
5. Nonrefundable.
Permit fees that were paid for a permit that the City has revoked for a breach as stated in
Section 407.20 are not refundable.
6. Application to Franchises.
Unless otherwise agreed to in a franchise, management costs may be charged separately
from and in addition to the franchise fees imposed on a right-of-way user in the franchise.
7. Waiver of Fees.
Payment of fees, as identified in this Chapter, with the exception of restoration costs, for
water and/or sanitary sewer connections to property in the City are waived. However
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Registration and the Right-of-way Permit application must be submitted and approved by
the City prior to commencement of any work.
407.11. RIGHT-OF-WAY PATCHING AND RESTORATION
1. Timing.
The work to be done under the Excavation Permit, and the Patching or Restoration of the
Right-of-Way as required herein, must be completed within the dates specified in the
permit, increased by as many days as work could not be done because of extraordinary
circumstances beyond the control of the Permittee or when work was prohibited as
unseasonal or unreasonable under Section 407.14.
2. Patch and Restoration.
Permittee shall Patch its own work. The City may choose either to have the Pennittee
restore the Right-of-Way or to restore the pavement itself.
a. City Restoration.
If the City restores the pavement, Permittee shall pay the costs thereof within thirty
(30) days of billing. If, during the twenty-four (24) months following such
Restoration, the pavement settles due to Pennittee's improper backfilling, the
Permittee shall pay to the City, within thirty(30) days of billing, all costs associated
with having to correct the defective work.
b. Permittee Restoration.
If the Permittee Restores the Right-of-Way itself, the City may require at the time of
application for an Excavation Permit the posting of a Construction Performance Bond
in an amount determined by the City to be sufficient to cover the cost of Restoration
in accordance with the provisions of Minnesota Rules, Part 7819.3000. If, within
twenty-four(24)months after completion of the Restoration of the Right-of-Way,the
City determines that the Right-of-Way has been properly restored, the surety on the
Construction Performance Bond shall be released.
3. Standards.
The Permittee shall perform Excavation Patching and/or Restoration according to the
standards and with the materials specified by the City and shall comply with Minnesota
Rules,Part 7819.1100. The City shall have the authority to prescribe the manner and extent
of the Restoration, and may do so in written procedures of general application or on a case-
by-case basis.
Methods of restoration may include, but are not limited to, patching, replacement of the
right-of-way base,and milling and overlay of the entire area of the right-of-way affected by
the work.
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The permittee shall correct defects in patching, or restoration performed by permittee or its
agents. Permittee upon notification from the City, shall correct all restoration work to the
extent necessary, using the method required by the City. Said work shall be completed
within five (5) calendar days of the receipt of the notice from the City, not including days
during which work cannot be done because of circumstances constituting force majeure or
days when work is prohibited as unseasonal or unreasonable under Section 407.14.
If the permittee fails to restore the right-of-way in the manner and to the condition required
by the City, or fails to satisfactorily and timely complete all restorations required by the
City, the City as an option,may do such work. In that event, the permittee shall pay to the
City,within thirty(30)days of billing,the cost of restoring the right-of-way.
4. Guarantees.
By choosing to restore the Right-of-Way itself, the Permittee guarantees its work and shall
maintain it for twenty-four (24) months following its completion. During this 24-month
period it shall, upon notification from the City, correct all restoration work to the extent
necessary,using the method required by the City. Said work shall be completed within five
(5) calendar days of the receipt of the notice from the City,not including days during which
work cannot be done because of circumstances constituting force majeure or days when
work is prohibited as unseasonal or unreasonable under Section 407.14.
5. Obligation.
Construction triggers an obligation of the right-of-way user that the right-of-way restoration
be completed according to the conditions set forth in this Chapter. The right-of-way user
also assumes responsibility for"as built" drawings and for repairing facilities or structures,
including right-of-way that was damaged during facility installation. The obligation is
limited to one year for plantings and turf establishment.
6. Failure to Restore.
If the Permittee fails to restore the Right-of-Way in the manner and to the condition required
by the City, or fails to satisfactorily and timely complete all Restoration required by the
City, the City at its option may do such work. In that event the Permittee shall pay to the
City,within thirty(30)days of billing, the cost of Restoring the Right-of-Way. If Permittee
fails to pay as required,the City may exercise its rights under the Construction Performance
Bond.
7. Degradation Cost in Lieu of Restoration.
In lieu of Right-of-Way Restoration, a Right-of-Way user may elect to pay a Degradation
Fee with the approval of the City. However, the Right-of-Way User shall remain
responsible for Patching and the Degradation Fee shall not include the cost to accomplish
these responsibilities.
407.12. JOINT APPLICATIONS
1. Joint Application.
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Registrants may jointly apply for permits to Excavate or Obstruct the Right-of-Way at the
same place and time.
2. With City Projects.
Registrants who join in a scheduled Obstruction or Excavation performed by the City,
whether or not it is a joint application by two or more Registrants or a single application,are
not required to pay the Obstruction and Degradation portions of the permit fee.
A right-of-way permit application must be completed. In these circumstances, the
excavation fee will be waived.
Mapping data must be provided per Section 407.21.
3. Shared Fees.
Registrants who jointly apply for Right-of-Way Permits, which the City does not perform,
may share in the payment of the Right-of-Way Permit Fee. Registrants must agree among
themselves as to the portion each will pay and indicate the same on their applications.
407.13. SUPPLEMENTARY APPLICATIONS
1. Limitation on Area.
A Right-of-Way Permit is valid only for the area of the Right-of-Way specified in the
permit. No Permittee may obstruct or do any work outside the area specified in the permit,
except as provided herein. Any Permittee which determines that an area greater than that
specified in the permit must be Obstructed or Excavated must before working in that greater
area (i) make application for a permit extension and pay any additional fees required
thereby,and(ii)be granted a new permit or permit extension.
2. Limitation on Dates.
A Right-of-Way Permit is valid only for the dates specified in the permit. No Permittee
may begin its work before the permit start date or, except as provided herein, continue
working after the end date. If a Permittee does not finish the work by the permit end date, it
must apply for a new permit for the additional time it needs, and receive the new permit or
an extension of the old permit before working after the end date of the previous permit.
This Supplementary Application must be approved before the initial permit end date.
407.14. OTHER OBLIGATIONS
1. Compliance with Other Laws.
Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to obtain all other
necessary permits, licenses, and authority and to pay all fees required by the City or other
applicable rule, law or regulation. A Permittee shall comply with all requirements of local,
state and federal laws, including Minnesota Statutes, Section 216D.01-.09 ("One Call
Excavation Notice System"). A Permittee shall perform all work in conformance with all
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applicable codes and established rules and regulations, and is responsible for all work done
in the Right-of-Way pursuant to its permit,regardless of who does the work.
2. Prohibited Work.
Except in an Emergency,and with the approval of the City,no Right-of-Way Obstruction or
Excavation may be done when seasonally prohibited or when conditions are unreasonable
for such work.
3. Interference with Right-of-Way.
A Permittee shall not so Obstruct a Right-of-Way that the natural free and clear passage of
water through the gutters or other waterways shall be interfered with. Private vehicles of
those doing work in the Right-of-Way may not be parked within or next to a permit area,
unless parked in conformance with City parking regulations. The loading or unloading of
trucks must be done solely within the defined permit area unless specifically authorized by
the permit.
4. Trenchless Excavation.
As a condition of all applicable permits,permittees employing trenchless excavation
methods,including but not limited to Horizontal Directional Drilling,shall follow all
requirements set forth in Minnesota Statutes,Chapter 216D and Minnesota Rules,Chapter
7560 and shall require potholing or open cutting over existing underground utilities before
excavating,as determined by the Director.
407.15. DENIAL OF PERMIT
1. Reasons for Denial.
Except in an emergency,no right-of-way permit will be granted.
a. To any person required to be registered who has not done so;
b. To any person required to file an annual report but has failed to do so;
c. For any next-year project not listed in the construction and major maintenance plan
required under this Chapter;
d. For any project which requires the excavation of any portion of a right-of-way which
was constructed or reconstructed within the preceding five(5)years;
e. To any person who has failed within the past two(2)years to comply,or is presently
not in full compliance,with the requirements of this Chapter,
f. To any person who has outstanding debt owed to the City;and
g. To any person as to whom there are existing grounds for the revocation of a permit.
Notwithstanding the provisions of this Section, the City may issue a permit in any case
where the permit is necessary(a)to prevent substantial economic hardship to a customer of
the permit Applicant, or(b)to allow such customer to materially improve its utility service,
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or (c) to allow a new economic development project, or (d) as otherwise required by law;
and where the permit Applicant did not have knowledge of the hardship, the plans for
improvement of service, or the development project when said Applicant was required to
submit its list of Next-year Projects.
The City may deny a permit to protect the public health, safety and welfare, to prevent
interference with the safety and convenience of ordinary travel over the right-of-way,would
cause a conflict or interfere with an exhibition, celebration, festival, or any other event, or
when necessary to protect the right-of-way, its use, and its users. The City may consider
one or more of the following factors:
a. the extent to which right-of-way space where the permit is sought is available;
b. the competing demands for the particular space in the right-of-way;
c. the availability of other locations in the right-of-way or in other rights-of-way for the
equipment or facilities of the permit Applicant;
d. the applicability of ordinance or other regulations of the right-of-way that affect
location of equipment or facilities in the right-of-way;
e. the degree of compliance of the Applicant with the terms and conditions of its
franchise,this Chapter,and other applicable ordinances and regulations;
f. the degree of disruption to surrounding neighborhoods and businesses that will result
from the use of that part of the right-of-way;
g. the condition and age of the right-of-way, and whether and when it is scheduled for
total or partial reconstruction;and
h. the balancing of the costs of disruption to the public and damage to the right-of-way,
against the benefits to that part of the public served by the expansion into additional
parts of the right-of-way.
2. Procedural Requirements.
The denial or revocation of a permit must be made in writing and must document the basis
for the denial. The City must notify the Applicant or right-of-way user in writing within
three business days of the decision to deny or revoke a permit. If an application is denied,
the right-of-way user may address the reasons for denial identified by the City and resubmit
its application. If the application is resubmitted within 30 days of receipt of the notice of
denial, no additional application fee shall be imposed. The City must approve or deny the
resubmitted application within 30 days after submission.
407.16. INSTALLATION REQUIREMENTS
The excavation, backfilling, patching, repair, and restoration, and all other work performed in
the Right-of-Way shall be performed and completed in conformance with Minnesota Rules,
Parts 7819.1100 and 7819.5000, Engineering Standards adopted by the PUC, City, county,and
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State,and any other applicable local requirements, in so far as they are not inconsistent with the
Minnesota Statutes,Sections 237.162 and 237.163.
407.17. INSPECTION
1. Notice of Completion.
When the work under any permit hereunder is completed, the permittee shall furnish a
Completion Certificate in accordance with Minnesota Rule,Part 7819.1300.
Unless waived by the City, a person designated by the right-of-way user as a responsible
employee shall sign a completion certificate showing the completion date for the work
performed, identifying the installer and designer of record, and certifying that work was
completed according to the requirements of the City.
If necessary due to approved changes for the work as projected when the permit was applied
for, the permittee shall submit"as built"drawings or maps within six months of completing
the work,showing any deviations from the plan that are greater than plus or minus two feet.
The City shall respond within 30 days of receipt of the completion certificate. Failure to
approve or disapprove the Permittee's performance within 30 days is deemed to be approval
by the City.
2. Site Inspection.
Permittee shall make the work-site available to the City and to all others as authorized by
law for inspection at all reasonable times during the execution of and upon completion of
the work.
3. Authority of Director
A. At the time of inspection the City may order the immediate cessation of any work which
poses a serious threat to the life,health,safety or well-being of the public.
B. The Director may issue an order to the Permittee for any work which does not conform
to the terms of the permit or other applicable standards, conditions, or codes. The order
shall state that failure to correct the violation will be cause for revocation of the permit.
Within ten(10) days after issuance of the order, the Permittee shall present proof to the
City that the violation has been corrected. If such proof has not been presented within
the required time,the City may revoke the permit pursuant to Section 407.20.
407.18. WORK DONE WITHOUT A PERMIT
1. Emergency Situations.
Each Registrant shall immediately notify the City of any event regarding its Facilities which
it considers to be an Emergency. The Registrant may proceed to take whatever actions are
necessary to respond to the Emergency. Excavators' notification to Gopher State One Call
regarding an emergency situation does not fulfill this requirement.Within two business days
after the occurrence of the Emergency the Registrant shall apply for the necessary permits,
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pay the fees associated therewith and fulfill the rest of the requirements necessary to bring
itself into compliance with this Chapter for the actions it took in response to the Emergency.
If the City becomes aware of an emergency regarding a Registrant's Equipment or
Facilities, the City will attempt to contact the Local Representative of each Registrant
affected, or potentially affected by the Emergency. In any event, the City may take
whatever action it deems necessary to respond to the Emergency, the cost of which shall be
borne by the Registrant whose Facilities occasioned the Emergency.
2. Non-Emergency Situations.
Except in an Emergency,any Person who,without first having obtained the necessary permit,
Obstructs or Excavates a Right-of-Way must subsequently obtain a permit, and as a penalty
pay double the normal fee for said permit, pay double all the other fees required by the
Legislative Code, deposit with the City the fees necessary to correct any damage to the
Right-of-Way and comply with all of the requirements of this Chapter.
407.19. SUPPLEMENTARY NOTIFICATION
If the activity in the Right-of-Way begins later or ends sooner than the date given on the Right-
of-Way Permit, Permittee shall notify the City of the accurate information as soon as this
information is known.
407.20. REVOCATION OF PERMITS
1. Substantial Breach.
The City reserves its right, as provided herein,to revoke any Right-of-Way Permit, without
a fee refund, in the event of a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any material condition of the permit including a threat to
the safety of workers or the right-of-way user or the utility users. A substantial breach by
Permittee shall include,but shall not be limited to,the following:
The violation of any material provision of the Right-of-Way Permit;
A. An evasion or attempt to evade any material provision of the Right-of-Way Permit,or the
perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
B. Any material misrepresentation of fact in the application for a Right-of-Way Permit;
C. The failure to complete the work in a timely manner;unless a permit extension is obtained
or unless the failure to complete work is due to reasons beyond the Permittee's control;or
D. Failure to relocate existing facilities as specified in Sec.407.23;or
E. Failure of the utility to pay any required costs,fees,or charges billed by the City or
F. The failure to correct, in a timely manner, work that does not conform to a condition
indicated on an Order issued pursuant to this Chapter.
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2. Written Notice of Breach.
If the City determines that the Permittee has committed a substantial breach of a term or
condition of any statute, ordinance,rule, regulation or any condition of the permit the City
shall make a written demand upon the Permittee to remedy such violation. The demand
shall state that continued violations may be cause for revocation of the permit. A substantial
breach, as stated above, will allow the City to place additional or revised conditions on the
permit to mitigate and remedy the breach.
3. Response to Notice of Breach.
Within twenty-four (24) hours of receiving notification of the breach, Permittee shall
provide the City with a plan, acceptable to the City that will cure the breach. Permittee's
failure to so contact the City, or the Permittee's failure to submit an acceptable plan, or
Permittee's failure to reasonably implement the approved plan, shall be cause for immediate
revocation of the permit. Further, Permittee's failure to so contact the City, or the
Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably
implement the approved plan, shall automatically place the Permittee on Probation for one
(1)full year.
4. Cause for Probation.
From time to time, the City may establish a list of conditions of the permit, which if
breached will automatically place the Permittee on Probation for one full year, such as, but
not limited to, working out of the allotted time period or working on Right-of-Way grossly
outside of the permit authorization.
5. Automatic Revocation.
If a Permittee, while on Probation, commits a breach as outlined above, Permittee's permit
will automatically be revoked and Permittee will not be allowed further permits for one full
year,except for Emergency repairs.
6. Reimbursement of City Costs.
If a permit is revoked, the Permittee shall also reimburse the City for the City's reasonable
costs, including Restoration Costs and the costs of collection and reasonable attorneys' fees
incurred in connection with such revocation.
407.21. MAPPING DATA
1. Information Required.
Each Registrant shall provide Mapping information required by the City in accordance
with Minnesota Rules,Parts 7819.4000 and 7819.4100.Failure to provide Mapping and
detailed drawings pursuant to this subsection shall be grounds for revoking the permit
holder's registration. Mapping data shall include the following information:
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a. location and approximate depth of Applicant's mains,cables, conduits,switches,and
related equipment and facilities,with the location based on:
(1) offsets from property lines,distances from the centerline of the public right—of-
way,and curb lines as determined by the City;or
(2) coordinates derived from the coordinate system being used by the City;or
(3) any other system agreed upon by the right-of-way user and City;
b. the type and size of the utility;
c. a description showing above-ground appurtenances;
d. a legend explaining symbols, characters, abbreviations, scale, and other data shown
on the map;and
e. any facilities to be abandoned, if applicable, in conformance with Minnesota
Statutes,Section 216D.04,subd. 3.
The permittee shall submit "as built" drawings reflecting any subsequent changes and
variations from the information provided under 407.08,Subd.2.
The right-of-way user is not required to provide or convey mapping information or data in a
format or manner that is different from that which it currently utilizes and maintains. The
right-of-way user shall, however, include the cost to covert the data furnished by the right-
of-way user to a format currently in use by the City as part of the permit application fee.
These data conversion costs,unlike other costs that make up permit fees,may be included in
the permit fee after the permit application process is completed and shall be immediately
due to the City upon the ascertainment of the cost and notice of the fee to the Applicant.
Any permit for which such fee has not been paid within 30 days of notice from the City may
upon written notice be revoked. The City shall not issue any other permits to the registrant
related to any City right-of-way until such fee is paid.
Mapping data shall be provided with the specificity requested by the City for inclusion in
the mapping system used by the City.
For mapping data provided to the City of Fridley in GIS format compatible with the City's
standards,the mapping portion of the excavation fee is waived.
2. Submittal Requirement.
a. Within six (6)months after the acquisition,installation,or construction of additional
equipment or any relocation, abandonment, or disuse of existing equipment, each
registrant shall submit the Mapping Data required herein.
b. All existing right-of-way users shall submit detailed plans as may be reasonable and
practical for all facilities and equipment installed, used or abandoned within the
public right-of-way.
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c. Notwithstanding the foregoing, Mapping Data shall be submitted by all Registrants
for all equipment which is to be installed or constructed after the date of passage of
this Chapter at the time any permits are sought under these ordinances.
d. A new Registrant,or a Registrant which has not submitted a plan as required above,
shall submit complete and accurate Mapping Data for all its equipment at the time
any permits are sought under these ordinances.
3. Telecommunication Equipment.
Information on existing facilities and equipment of telecommunications right-of-way users
need only be supplied in the form maintained by the telecommunications right-of-way user.
4. Service Laterals.
All permits issued for the installation or repair of service laterals,other than minor repairs as
defined in Minnesota Rules, Part 7560.0150, subp. 2, shall require the permittee's use of
appropriate means of establishing the horizontal locations of installed service laterals and
the service lateral vertical locations in those cases where the Director reasonably requires it.
Permittees or their subcontractors shall submit to the Director evidence satisfactory to the
Director of the installed service lateral locations. Compliance with this subdivision 2 and
with applicable Gopher State One Call law and Minnesota Rules governing service laterals
installed after Dec. 31,2005,shall be a condition of any City approval necessary for:
a. payments to contractors working on a public improvement project, including those
under Minnesota Statutes,Chapter 429,and
b. City approval under development agreements or other subdivision or site plan
approval under Minnesota Statutes, Chapter 462. The Director shall reasonably
determine the appropriate method of providing such information to the City. Failure
to provide prompt and accurate information on the service laterals installed may
result in the revocation of the permit issued for the work or future permits to the
offending permittee or its subcontractors
407.22. LOCATION OF FACILITIES
1. Subd. 1.Placement, location,and relocation of facilities must comply with the Act,with
other applicable law,and with Minnesota Rules,Parts 7819.3100, 7819.5000,and
7819.5100,to the extent the rules do not limit authority otherwise available to cities.
2. Corridors.
The City may assign specific corridors within the Right-of-Way, or any particular segment
thereof as may be necessary, for each type of Facility that is or, pursuant to current
technology, the City expects will someday be located within the Right-of-Way. All
excavation, obstruction, or other permits issued by the City involving the installation or
replacement of Facilities shall designate the proper corridor for the Facilities at issue.
Any Registrant who has Facilities in the Right-of-Way in a position at variance with the
corridors established by the City shall,no later than at the time of the next reconstruction or
excavation of the area where the Facilities are located, move the Facilities to the assigned
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position within the Excavation of the Right-of-Way, unless this requirement is waived by
the City for good cause shown, upon consideration of such factors as the remaining
economic life of the Facilities, public safety, customer Service needs and hardship to the
Registrant.
3. Nuisance.
Any facilities found in a right-of-way that have not been registered shall be deemed to be a
nuisance. The City may exercise any remedies or rights it has at law or in equity, including,
but not limited to,abating the nuisance or taking possession of the Equipment or Facilities
and restoring the right-of-way to a usable condition.
4. Limitation of Space.
To protect public health,safety,and welfare,or when necessary to protect the Right-of-Way
and its current use,the City shall have the power to prohibit or limit the placement of new or
additional Facilities within the Right-of-Way. In making such decisions, the City shall
strive to the extent possible to accommodate all existing and potential users of the Right-of-
Way, but shall be guided primarily by considerations of the public interest, the public's
needs for the particular Utility Service, the condition of the Right-of-Way, the time of year
with respect to essential utilities, the protection of existing Facilities in the Right-of-Way,
and future City plans for public improvements and development projects which have been
determined to be in the public interest.
407.23. RELOCATION OF FACILITIES
A Registrant must promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its Facilities in the Right-of-Way whenever the
City for good cause requests such removal and relocation, and shall restore the Right-of-Way
consistent with Minnesota Rules, Parts 7819.0050 — 7819.9950. The City may make such
request to prevent interference by the Company's Equipment or Facilities with (i) a present or
future City use of the Right-of-Way, (ii) a public improvement undertaken by the City, (iii) an
economic development project in which the City has an interest or investment, (iv) when the
public health, safety and welfare require it, or(v) when necessary to prevent interference with
the safety and convenience of ordinary travel over the Right-of-Way.
Notwithstanding the foregoing,a Person shall not be required to remove or relocate its Facilities
from any Right-of-Way which has been vacated in favor of a non-governmental entity unless
and until the reasonable costs thereof are first paid to the Person thereof.
407.24. PRE-EXCAVATION FACILITY AND FACILITIES LOCATION
In addition to complying with the requirements of Minnesota Statutes, Section 216D.01-.09
("One Call Excavation Notice System") before the start date of any Right-of-Way excavation,
each Registrant who has Facilities or Equipment in the area to be excavated shall mark the
horizontal and vertical placement of all said Facilities. Any Registrant whose Facilities are less
than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with
the excavation contractor to establish the exact location of its Facilities and the best procedure
for excavation.
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407.25. DAMAGE TO OTHER FACILITIES
When the City does work in the Right-of-Way and finds it necessary to maintain, support, or
move a person's Facilities to protect it,the City shall notify the Local Representative as early as
is reasonably possible. The costs associated therewith will be billed to that person and must be
paid within thirty (30) days from the date of billing. Each person shall be responsible for the
cost of repairing any Facilities in the Right-of-Way which it or its Facilities damages. Each
person shall be responsible for the cost of repairing any damage to the Facilities of another
persons caused during the City's response to an Emergency occasioned by that persons
Facilities.
407.26. RIGHT-OF-WAY VACATION
1. Reservation of Right.
If the City vacates a Right-of-Way which contains the Facilities of a Registrant, and if the
vacation does not require the relocation of Registrant's or Permittee's Facilities, the
registrant's rights in the vacated right-of-way are governed by Minnesota Rules, Part
7819.3200 and the City shall reserve,to and for itself and all Registrants having Facilities in
the vacated Right-of-Way, the right to install, maintain and operate any Facilities in the
vacated Right-of-Way and to enter upon such Right-of-Way at any time for the purpose of
reconstructing,inspecting,maintaining or repairing the same.
2. Relocation of Facilities.
If the vacation requires the relocation of Registrant's or Permittee's Facilities; and(i) if the
vacation proceedings are initiated by the Registrant or Permittee,the Registrant or Permittee
must pay the relocation costs;or(ii)if the vacation proceedings are initiated by the City,the
Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City
and the Registrant or Permittee; or(iii) if the vacation proceedings are initiated by a Person
or Persons other than the Registrant or Permittee,such other Person or Persons must pay the
relocation costs.
407.27. INDEMNIFICATION AND LIABILITY
1. Authority,Generally.
As a condition for issuing a permit for work on a public right-of-way, the City may require
the permittee to indemnify the City against liability claims. The City may require
indemnification when a permit authorizes a permittee to obstruct or excavate on or within a
public right-of-way to install,maintain,or repair the permittee's facilities.
2. Claims Indemnified
City may require the permittee to defend, indemnify, and hold harmless the City from all
liability or claims of liability for bodily injury or death to persons, or for property damage,
in which the claim:
a. alleges a negligent or otherwise wrongful act or omission of the permittee or its
employee,agent,or independent contractor in installing,maintaining,or repairing the
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permittee's facilities; and alleges that the City is liable, without alleging any
independent negligent, or otherwise wrongful act or omission on the part of the City;
or
b. is based on the City negligent or otherwise wrongful act or omission in issuing the
permit or in failing to properly or adequately inspect or enforce compliance with a
term,condition or purpose of the permit granted to the permittee.
3. Claims not Indemnified
A permittee is not required to indemnify the City for losses or claims occasioned by the
negligent or otherwise wrongful act or omission of the City except:
a. to the extent authorized in subpart 2 regarding the issuance of a permit or the
inspection or enforcement of compliance with the permit;or
b. when otherwise provided in an applicable franchise agreement.
4. Remedy is Additional; Subrogation
A defense or indemnification of the City by a permittee is deemed not to be a waiver of any
defense or immunity otherwise available to the City.
A permittee, in defending any action on behalf of the City is entitled to assert every defense
or immunity that the City could assert in its own behalf.
407.28. ABANDONED AND UNUSABLE FACILITIES
1. Discontinued Operations.
A Registrant who has determined to discontinue all or a portion of its operations in the City
must provide information satisfactory to the City that the Registrant's obligations for its
Facilities in the Right-of-Way under this Chapter have been lawfully assumed by another
Registrant and locate and provide to the City a map which clearly identifies the facility and
also maintains it as a real property record.
2. Abandoned Facilities.
Facilities of a Registrant who fails to comply with Subd. 1 of this Section, and which, for
two (2) years, remains unused or one year after the passage of this Chapter, any Facilities
found in a Right-of-Way that have not been Registered with the City shall be deemed to be
abandoned. Abandoned Facilities are deemed to be a nuisance. The City may exercise any
remedies or rights it has as law or in equity, including, but not limited to, (i) abating the
nuisance,(ii)taking possession of the Facilities and restoring the Right-of-Way to a useable
condition, or (iii) requiring removal of the Facilities by the Registrant, or the Registrant's
successor in interest.
3. Removal.
Any Registrant who has unused, unusable and abandoned Facilities in any Right-of-Way
shall remove it from that Right-of-Way if required in conjunction with other right-of-way
repair, excavation or construction, unless this requirement is waived by the City or other
remedy agreed to.
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407.29. APPEAL
A Right-of-Way user that: (1)has been denied registration; (2)has been denied a permit; (3)has
had a permit revoked; or (; (4) believes that the fees imposed are not in conformity with
Minnesota Statutes, Section 237.163, subd. 6; or (5) disputes a determination of the Director
regarding Section 1.24,subd.2 of this ordinance may have the denial,revocation, fee imposition,
or decision reviewed,upon written request,by the City Council. The City Council shall act on a
timely written request at its next regularly scheduled meeting. A decision by the City Council
affirming the denial, revocation, or fee imposition will be in writing and supported by written
findings establishing the reasonableness of the decision.
407.30. RESERVATION OF REGULATORY AND POLICE POWERS
A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City
to adopt and enforce general ordinances necessary to protect the health, safety and welfare of
the public.
407.31. SEVERABILITY
If any portion of this Chapter is for any reason held invalid by any court of competent
jurisdiction,such portion shall be deemed a separate,distinct,and independent provision and
such holding shall not affect the validity of the remaining portions thereof.Nothing in this
Chapter precludes the City from requiring a franchise agreement with the Applicant,as allowed
by law,in addition to requirements set forth herein.
407.32. FEES
Any fees imposed under this Chapter shall be reviewed and adopted at least annually at the
same time and in the same manner as other fees established by the City.
At any time, in its discretion,the City expressly reserves the right to review the fees imposed in
this Chapter and, upon notice and public hearing, modify them if it is satisfied that such action
is necessary to reflect the cost of regulating and supervising the activities governed by this
Chapter.
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SECTION III: That Chapter 11 FEES be hereby amended as follows:
CODE SUBJECT FEE
407
407.07 Excavation Permit 50
Obstruction Permit $50
Small Wireless Facility Permit $150 ner facility
Permit Extension Fee $20
Delay Penalty $125 week
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF ,2017.
Scott J.Lund,Mayor
ATTEST:
Debra A.Skogen,City Clerk
First Reading:
Second Reading:
Publication Date:
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SUMMARY ORDINANCE NO.
AN ORDINANCE TO REPEAL CHAPTER 407 AND ENACT A NEW CHAPTER OF THE
CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS OF
WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND
REGULATION FOF RIGHT OF WAY PERMITS AND TO AMEND CHAPTER 11 TO
REFLECT NEW FEES FOR SMALL WIRELESS FACILITIES IN THE
PUBLIC RIGHTS OF WAY
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code Chapter 407.
Rights of Way Management.
II. Summary
The City Council of the City of Fridley does hereby ordain as follows:
New legislation was adopted by the Minnesota State Legislature that requires the City to permit
the installation of small wireless facilities within public rights of way. To conform,the City has
worked with the League of Minnesota Cities, the Suburban Rate Authority and City Attorney to
incorporate applicable language and minor updates to Fridley City Code Chapter 407 Rights of
Way Management.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. A copy of the ordinance, in its entirety,is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431
University Ave N.E.,Fridley,MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18th
DAY OF DECEMBER 2017.
SCOTT J.LUND,MAYOR
ATTEST:
DEBRA A. SKOGEN,CITY CLERK
First Reading: December 11,2017
Second Reading: December 18,2017
Published: December 29,2017
58
AGENDA ITEM
(v.,
by y CITY COUNCIL MEETING OF
DECEMBER 18, 2017
TO: Walter Wysopal, City Manage PW17-077
FROM: James Kosluchar, Public Works Director
DATE: December 14, 2017
SUBJECT: Resolution to Approve Agency Agreement 1029949 with the Minnesota
Department of Transportation to Provide for a Delegated Contract Process
The City has received the attached draft agreement from MnDOT,along with a letter requesting
approval of the attached resolution to allow execution of the agreement. This agreement
replaces existing agreement 99892 between the City of Fridley and MnDOT,approved in 2011,
that allows the City to perform under a Delegated Contract Process to complete transportation
projects receiving federal aid. Under this agreement, MnDOT is identified to act as the City's
agent in accepting federal aid. This agreement is intended to cover all future federally funded
projects that the City of Fridley is involved in until revisions are needed to the agreement.
Essentially, the agreement allows the City to perform work directly with MnDOT on
administrative matters relating to federally funded transportation projects, rather than having to
work with the FHWA. It allows more expeditious and responsive contract administration when
federal funding is involved in these projects.
I spoke to MnDOT staff,and they indicate that the updated agreement was mainly necessary to
add details which are required to by federal law under the 2 CFR 200. Under the new
provisions, the City agrees to comply with the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards included in Section 18 of the agreement,
and agrees to pass through these requirements to its subcontractors and third party contractors,
as applicable. This language must be included in all federally funded project agreements as of
October 1, 2017, and will be included in our West Moore Lake Resurfacing and Trail
Improvements Project ST2017-21, and any future federally funded projects.
All 64 state aid cities that use the Delegated Contract Process and 87 counties that use the
Delegated Contract Process have received this agreement with the same modifications in
language.
Staff recommends the City Council move to approve the attached resolution directing the
Mayor and City Manager to execute MnDOT Agency Agreement 1029949 to provide for a
Delegated Contract Process.
JPK/jk
Attachments
59
RESOLUTION NO. 2017 -
RESOLUTION TO APPROVE AN AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION
TO PROVIDE FOR A DELEGATED CONTRACT PROCESS
WHEREAS,the City of Fridley and the Minnesota Department of Transportation(MnDOT) last
entered into an agency agreement in 2011 to establish a delegated contract process to administer
transportation projects that include federal funds, and
WHEREAS, MnDOT from time to time updates language in this otherwise ongoing delegated
contract process agreement, and
WHEREAS, MnDOT has proposed revisions to the existing delegated contract process
agreement(MnDOT Agreement No. 99892)currently in force with the City of Fridley, and
WHEREAS,the proposed agreement(MnDOT Agreement No. 1029949)allows the City to
work directly with MnDOT on administrative matters relating to federally funded transportation
projects and allows more expeditious and responsive contract administration when federal
funding is involved in projects,
NOW THEREFORE BE IT RESOLVED,that pursuant to Minnesota Statutes Sec. 161.36,the
Commissioner of Transportation be appointed as Agent of the City of Fridley to accept as its
agent, federal aid funds which may be made available for eligible transportation related projects,
and
BE IT FURTHER RESOLVED,the Mayor and City Manager of the City of Fridley, Anoka
County, Minnesota, are hereby authorized and directed for and on behalf of the City to execute
and enter into an agreement with the Commissioner of Transportation prescribing the terms and
conditions of said federal aid participation as set forth and contained in"Minnesota Department
of Transportation Agency Agreement No. 1029949", a copy of which said agreement was before
the City Council and which is made a part hereof by reference.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS le DAY of DECEMBER,2017.
SCOTT J. LUND-MAYOR
ATTEST:
DEBRA A. SKOGEN- CITY CLERK
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MnDOT Contract No. 1029949
DEPARTMENT O
TRANSPORTATION
STATE OF MINNESOTA
AGENCY AGREEMENT
for
FEDERAL PARTICIPATION IN CONSTRUCTION
This agreement is entered into by and between the City of Fridley("Local Government")and the State of Minnesota
acting through its Commissioner of Transportation ("MnDOT").
RECITALS
1. Pursuant to Minnesota Statutes Section 161.36,the Local Government desires MnDOT to act as the Local
Government's agent in accepting federal funds on the Local Government's behalf for the construction,
improvement,or enhancement of transportation financed either in whole or in part by Federal Highway
Administration ("FHWA") federal funds, hereinafter referred to as the"Project(s)";and
2. This agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has
no specific State Project number associated with it,and
2.1. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205,and
2.2. This agreement supersedes agreement number old (99892)
2.3. This project is for construction not research and development.
2.4. MnDOT requires that the terms and conditions of this agency be set forth in an agreement.
AGREEMENT TERMS
1. Term of Agreement
1.1. Effective Date. This agreement will be effective on the date the MnDOT obtains all required signatures
under Minn.Stat. §16C.05,Subd. 2. Upon the effective date,this agreement will supersede agreement
99892.
2. Local Government's Duties
2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds in its
behalf made available for the Project(s). Details on the required processes and procedures are available on
the State Aid Website
2.2. Staffing.
2.2.1.The Local Government 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 any construction contract let for the Project(s). In the alternative where the Local
Government elects to use a private consultant for construction engineering services,the Local
Government will provide a qualified,full-time public employee of the Local Government,to be in
responsible charge of the Project(s).The services of the Local Government to be performed hereunder
may not be assigned,sublet,or transferred unless the Local Government is notified in writing by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This
written consent will in no way relieve the Local Government from its primary responsibility for
performance of the work.
Updated December 1,2017 1
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MnDOT Contract No. 1029949
2.2.2.During the progress of the work on the Project(s),the Local Government authorizes its Project
Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to
Minnesota Statutes Section 161.39. Such services may be covered by other technical service
agreements. If MnDOT furnishes the services requested,and if MnDOT requests reimbursement,then
the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full
cost and expense of furnishing such services. The costs and expenses will include the current MnDOT
labor additives and overhead rates,subject to adjustment based on actual direct costs that have been
verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co-
principal with respect to the Project(s).
2.3. Pre-letting. The Local Government will prepare construction contracts in accordance with Minnesota law
and applicable Federal laws and regulations.
2.3.1.The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA
has authorized the Project(s). Any Project(s)advertised prior to authorization without permission will
not be eligible for federal reimbursement.
2.3.2.The Local Government will prepare the Proposal for Highway Construction for the construction
contract,which will include all of the federal-aid provisions supplied by MnDOT.
2.3.3.The Local Government will prepare and publish the bid solicitation for the Project(s)as required by
state and federal laws.The Local Government will include in the solicitation the required language for
federal-aid construction contracts as supplied by MnDOT.The solicitation will state where the
proposals, plans,and specifications are available for the inspection of prospective bidders, and where
the Local Government will receive the sealed bids.
2.3.4.The Local Government may not include other work in the construction contract for the authorized
Project(s)without obtaining prior notification from MnDOT that such work is allowed by FHWA.
Failure to obtain such notification may result in the loss of some or all of the federal funds for the
Project(s).All work included in a federal contract is subject to the same federal requirements as the
federal project.
2.3.5.The Local Government will prepare and sell the plan and proposal packages and prepare and
distribute any addenda, if needed.
2.3.6.The Local Government will receive and open bids.
2.3.7.After the bids are opened,the Local Government will consider the bids and will award the bid to the
lowest responsible bidder,or reject all bids. If the construction contract contains a goal for
Disadvantaged Business Enterprises,the Local Government will not award the bid until it has received
certification of the Disadvantaged Business Enterprise participation from the MnDOT Office of Civil
Rights.
2.3.8.The Local Government entity must disclose in writing any potential conflict of interest to the Federal
awarding agency or pass through entity in accordance with applicable Federal awarding agency policy.
2.4. Contract Administration.
2.4.1.The Local Government will prepare and execute a construction contract with the lowest responsible
bidder, hereinafter referred to as the"Contractor," in accordance with the special provisions and the
latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto.All
contracts between the Local Government and third parties or subcontractors must contain all
applicable provisions of this Agreement, including the applicable federal contract clauses,which are
identified in Appendix II of 2 CFR 200, Uniform Administrative Requirements,Cost Principles and Audit
Requirements for Federal Awards, and as provided in Section 18 of this agreement.
2
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MnDOT Contract No. 1029949
2.4.2.The Project(s)will be constructed in accordance with plans,special provisions,and standard
specifications of each Project. The standard specifications will be the latest edition of MnDOT
Standard Specifications for Highway Construction,and all amendments thereto. The plans,special
provisions,and standard specifications will be on file at the Local Government Engineer's Office.The
plans,special provisions, and specifications are incorporated into this agreement by reference as
though fully set forth herein.
2.4.3.The Local Government will furnish the personnel,services,supplies,and equipment necessary to
properly supervise, inspect,and document the work for the Project(s).The services of the Local
Government to be performed hereunder may not be assigned,sublet,or transferred unless the Local
Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23
CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its
primary responsibility for performance of the work.
2.4.4.The Local Government will document quantities in accordance with the guidelines set forth in the
Construction Section of the Electronic State Aid Manual that were in effect at the time the work was
performed.
2.4.5.The Local Government will test materials in accordance with the Schedule of Materials Control in
effect at the time each Project was let.The Local Government will notify MnDOT when work is in
progress on the Project(s)that requires observation by the Independent Assurance Inspector as
required by the Independent Assurance Schedule.
2.4.6.The Local Government may make changes in the plans or the character of the work,as may be
necessary to complete the Project(s),and may enter.into Change Order(s)with the Contractor.The
Local Government will not be reimbursed for any costs of any work performed under a change order
unless MnDOT has notified the Local Government that the subject work is eligible for federal funds
and sufficient federal funds are available.
2.4.7.The Local Government will request approval from MnDOT for all costs in excess of the amount of
federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain
such approval may result in such costs being disallowed for reimbursement.
2.4.8.The Local Government will prepare reports, keep records,and perform work so as to meet federal
requirements and to enable MnDOT to collect the federal aid sought by the Local Government.
Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist,
available from MnDOT's authorized representative.The Local Government will retain all records and
reports and allow MnDOT or the FHWA access to such records and reports for six years.
2.4.9.Upon completion of the Project(s),the Project Engineer will determine whether the work will be
accepted.
2.5. Limitations.
2.5.1.The Local Government will comply with all applicable Federal,State,and local laws, ordinances,and
regulations.
2.5.2.Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota
that no person in the United States will, on the grounds of race,color,or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving Federal financial assistance(42 U.S.C. 2000d). Through expansion of the mandate
for nondiscrimination in Title VI and through parallel legislation,the proscribed bases of discrimination
include race,color,sex, national origin, age,and disability. In addition,the Title VI program has been
extended to cover all programs,activities and services of an entity receiving Federal financial
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MnDOT Contract No. 1029949
assistance,whether such programs and activities are Federally assisted or not. Even in the absence of
prior discriminatory practice or usage,a recipient in administering a program or activity to which this
part applies, is expected to take affirmative action to assure that no person is excluded from
participation in,or is denied the benefits of,the program or activity on the grounds of race,color,
national origin,sex,age,or disability. It is the responsibility of the Local Government to carry out the
above requirements.
2.5.3.Utilities. The Local Government will treat all public, private or cooperatively owned utility facilities
which directly or indirectly serve the public and which occupy highway rights of way in conformance
with 23 CFR 645"Utilities"which is incorporated herein by reference.
2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any
facility constructed or improved under this Agreement.
3. MnDOT's Duties
3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement
of federal funds and will act in accordance herewith.
3.2. Project Activities.
3.2.1.MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the
Project(s),and for reimbursement of eligible costs pursuant to the terms of this agreement.
3.2.2.MnDOT will provide to the Local Government copies of the required Federal-aid clauses to be included
in the bid solicitation and will provide the required Federal-aid provisions to be included in the Proposal
for Highway Construction.
3.2.3.MnDOT will review and certify the DBE participation and notify the Local Government when certification
is complete. If certification of DBE participation (or good faith efforts to achieve such participation)
cannot be obtained, then Local Government must decide whether to proceed with awarding the
contract. Failure to obtain such certification will result in the project becoming ineligible for federal
assistance,and the Local Government must make up any shortfall.
3.2.4.MnDOT will provide the required labor postings.
3.3. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s)
was not completed in compliance with federal requirements.
3.4. Inspection. MnDOT,the FHWA, or duly authorized representatives of the state and federal government will
have the right to audit, evaluate and monitor the work performed under this agreement. The Local
Government will make available all books, records, and documents pertaining to the work hereunder,for a
minimum of six years following the closing of the construction contract.
4. Time
4.1. The Local Government must comply with all the time requirements described in this agreement. In the
performance of this agreement,time is of the essence
4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the
date defined in the federal financial system or federal agreement("end date"). No work completed after
the end date will be eligible for federal funding. Local Government must submit all contract close out
paperwork to MnDOT,twenty four months prior to the end date.
5. Payment
5.1. Cost. The entire cost of the Project(s)is to be paid from federal funds made available by the FHWA and by
other funds provided by the Local Government. The Local Government will pay any part of the cost or
4
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MnDOT Contract No. 1029949
expense of the Project(s)that is not paid by federal funds. MnDOT will receive the federal funds to be paid
by the FHWA for the Project(s), pursuant to Minnesota Statutes§ 161.36,Subdivision 2. MnDOT will
reimburse the Local Government,from said federal funds made available to each Project,for each partial
payment request,subject to the availability and limits of those funds.
5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect
costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan,the rate proposed
will be used on a provisional basis.At any time during the period of performance or the final audit of a
project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part
200. MnDOT may adjust associated reimbursements accordingly.
5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following
certification of the partial estimate,the Local Government will make partial payments to the Contractor in
accordance with the terms of the construction contract for the Project(s).
5.3.1.Following certification of the partial estimate,the Local Government may request reimbursement for
costs eligible for federal funds.The Local Government's request will be made to MnDOT and will
include a copy of the certified partial estimate.
5.3.2.Upon completion of the Project(s),the Local Government will prepare a final estimate in accordance
with the terms of the construction contract for the Project(s). The Project Engineer will certify the
final estimate. Following certification of the final estimate,the Local Government will make the final
payment to the Contractor in accordance with the terms of the construction contract for the
Project(s).
5.3.3.Following certification of the final estimate,the Local Government may request reimbursement for
costs eligible for federal funds. The Local Government's request will be made to MnDOT and will
include a copy of the certified final estimate along with the required records.
5.3.4.Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and
state eligibility of all the payment requests. If the Project is found to have been completed in
accordance with the plans and specifications, MnDOT will promptly release any remaining federal
funds due the Local Government for the Project(s). If MnDOT finds that the Local Government has
been overpaid,the Local Government must promptly return any excess funds
5.3.5.In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source,
or funding cannot be continued at a sufficient level to allow for the processing of the federal aid
reimbursement requests,the Local Government may continue the work with local funds only, until
such time as MnDOT is able to process the federal aid reimbursement requests.
5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this agreement
must comply with 2 CFR 200.306.
5.5. Federal Funds. Payments under this Agreement will be made from federal funds.The Local Government is
responsible for compliance with all federal requirements imposed on these funds and accepts full financial
responsibility for any requirements including, but not limited to,2 CFR Part 200 imposed by the Local
Government's failure to comply with federal requirements. If,for any reason,the federal government fails
to pay part of the cost or expense incurred by the Local Government,or in the event the total amount of
federal funds is not available,the Local Government will be responsible for any and all costs or expenses
incurred under this Agreement.The Local Government further agrees to pay any and all lawful claims arising
out of or incidental to the performance of the work covered by this Agreement in the event the federal
government does not pay the same.
5
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MnDOT Contract No. 1029949
5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each
project and submit all financial, performance,and other reports as required by the terms of this Agreement
and the Federal award,twenty four months prior to the end date of the period of performance for each
project. MnDOT will determine, at its sole discretion,whether a closeout audit is required prior to final
payment approval. If a closeout audit is required,final payment will be held until the audit has been
completed. Monitoring of any capital assets acquired with funds will continue following project closeout.
6. Conditions of Payment.All services provided by Local Government under this agreement must be performed to
MnDOT's satisfaction, as determined at the sole discretion of MnDOT's Authorized Representative and in
accordance with all applicable federal,state,and local laws,ordinances, rules,and regulations. The Local
Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of
federal,state,or local law.
7. Authorized Representatives
7.1. MnDOT's Authorized Representative is:
Name: Mitchell Rasmussen,or his successor.
Title: State Aid Engineer
Phone: 651-366-4831
Email: Mitch.rasmussen@state.mn.us
MnDOT's Authorized Representative has the responsibility to monitor Local Government's performance and
the authority to accept the services provided under this agreement. If the services are satisfactory,
MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment.
7.2. The Local Government's Authorized Representative is:
Name:James Kosluchar or his/her successor.
Title:Fridley City Engineer
Phone:763-572-3550
Email:jim.kosluchar@fridleymn.gov
If the Local Government's Authorized Representative changes at any time during this agreement,the Local
Government will immediately notify MnDOT.
8. Assignment Amendments,Waiver,and Agreement Complete
8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this
agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this agreement,or their successors
in office.
8.2. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original agreement,or
their successors in office.
8.3. Waiver. If MnDOT fails to enforce any provision of this agreement,that failure does not waive the provision
or MnDOT's right to subsequently enforce it.
8.4. Agreement Complete. This agreement contains all negotiations and agreements between MnDOT and the
Local Government. No other understanding regarding this agreement,whether written or oral, may be used
to bind either party.
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MnDOT Contract No. 1029949
8.5. Severability. If any provision of this Agreement or the application thereof is found invalid or unenforceable
to any extent,the remainder of the Agreement, including all material provisions and the application of such
provisions,will not be affected and will be enforceable to the greatest extent permitted by the law.
9. Liability and Claims
9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent
authorized by law and will not be responsible for the acts and omissions of any others and the results
thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736,governs MnDOT liability.
9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government's agent
for acceptance and disbursement of federal funds,and not as a principal or co-principal with respect to the
Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project
including,without limitation,claims related to contractor selection (including the solicitation,evaluation,
and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work,and any
ultra vires acts. The Local Government will indemnify,defend(to the extent permitted by the Minnesota
Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the
Project(s), including reasonable attorney fees incurred by MnDOT. The Local Government's indemnification
obligation extends to any actions related to the certification of DBE participation,even if such actions are
recommended by MnDOT.
10. Audits
10.1. Under Minn.Stat. § 16C.05,Subd.5,the Local Government's books, records,documents,and accounting
procedures and practices of the Local Government,or other party relevant to this agreement or transaction,
are subject to examination by MnDOT and/or the State Auditor or Legislative Auditor,as appropriate,for a
minimum of six years from the end of this agreement, receipt and approval of all final reports,or the
required period of time to satisfy all state and program retention requirements,whichever is later. The
Local Government will take timely and appropriate action on all deficiencies identified by an audit.
10.2. All requests for reimbursement are subject to audit, at MnDOT's discretion. The cost principles outlined in 2
CFR 200.400-.475 will be used to determine whether costs are eligible for reimbursement under this
agreement.
10.3. If Local Government expends$750,000 or more in Federal Funds during the Local Government's fiscal year,
the Local Government must have a single audit or program specific audit conducted in accordance with 2
CFR Part 200.
11. Government Data Practices.The Local Government and MnDOT must comply with the Minnesota Government
Data Practices Act, Minn.Stat. Ch. 13,as it applies to all data provided by MnDOT under this agreement,and as it
applies to all data created,collected, received,stored, used, maintained,or disseminated by the Local
Government under this agreement.The civil remedies of Minn.Stat. §13.08 apply to the release of the data
referred to in this clause by either the Local Government or MnDOT.
12. Workers Compensation.The Local Government certifies that it is in compliance with Minn.Stat. §176.181,Subd.
2, pertaining to workers'compensation insurance coverage. The Local Government's employees and agents will
not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers'Compensation
Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission
on the part of these employees are in no way MnDOT's obligation or responsibility.
13. Governing Law,Jurisdiction,and Venue.Minnesota law,without regard to its choice-of-law provisions,governs
this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
14. Termination;Suspension
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MnDOT Contract No. 1029949
14.1. Termination by MnDOT. MnDOT may terminate this agreement with or without cause,upon 30 days
written notice to the Local Government. Upon termination,the Local Government will be entitled to
payment,determined on a pro rata basis,for services satisfactorily performed.
14.2. Termination for Cause. MnDOT may immediately terminate this agreement if MnDOT finds that there has
been a failure to comply with the provisions of this agreement,that reasonable progress has not been made,
that fraudulent or wasteful activity has occurred,that the Local Government has been convicted of a
criminal offense relating to a state agreement,or that the purposes for which the funds were granted have
not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota,
including the refusal to disburse additional funds and requiring the return of all or part of the funds already
disbursed.
14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this agreement if:
14.3.1. It does not obtain funding from the Minnesota Legislature;or
14.3.2. 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. MnDOT 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. MnDOT will not be assessed
any penalty if the agreement is terminated because of the decision of the Minnesota Legislature,or
other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of
the lack of funding within a reasonable time of MnDOT's receiving that notice.
14.4. Suspension. MnDOT may immediately suspend this agreement in the event of a total or partial government
shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the
Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of
non-payment.
15. Data Disclosure. Under Minn.Stat. §270C.65,Subd.3,and other applicable law,the Local Government consents
to disclosure of its social security number,federal employer tax identification number,and/or Minnesota tax
identification number,already provided to MnDOT,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.
16. Fund Use Prohibited.The Local Government will not utilize any funds received pursuant to this Agreement to
compensate,either directly or indirectly,any contractor,corporation,partnership,or business, however
organized,which is disqualified or debarred from entering into or receiving a State contract. This restriction
applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a
subcontractor,or as an equipment or material supplier. This restriction does not prevent the Local Government
from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government's
contract award on this Project.
17. Discrimination Prohibited by Minnesota Statutes§181.59.The Local Government will comply with the provisions
of Minnesota Statutes§181.59 which requires that 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 will contain provisions by which 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,will, 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,will, in any manner,discriminate against,or
8
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MnDOT Contract No. 1029949
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 of Minnesota,or any county, city,town,township,school,school district or
any other person authorized to contracts for employment,and all money due,or to become due under the
contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement.
18. Appendix II 2 CFR Part 200 Federal Contract Clauses.The Local Government agrees to comply with the following
federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements,Cost Principles and Audit
Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third
party contractors,as applicable. In addition,the Local Government shall have the same meaning as "Contractor" in
the federal requirements listed below.
18.1. Remedies.Contracts for more than the simplified acquisition threshold currently set at$150,000,which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and Defense
Acquisition Regulations Council(Councils)as authorized by 41 U.S.C. 1908, must address administrative,
contractual,or legal remedies in instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as appropriate.
18.2. Termination.All contracts in excess of$10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be effected and the basis for settlement.
18.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet
the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp., p. 339),as amended by
Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
18.4. Davis-Bacon Act,as amended. (40 U.S.C.3141-3148)When required by Federal program legislation,all
prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision
for compliance with the Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as supplemented by
Department of Labor regulations(29 CFR 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the statute,contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages
not less than once a week.The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation.The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity
must report all suspected or reported violations to the Federal awarding agency.The contracts must also
include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C.3145), as supplemented
by Department of Labor regulations (29 CFR 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means,any person employed in the
construction, completion,or repair of public work,to give up any part of the compensation to which he or
she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency.
18.5. Contract Work Hours and Safety Standards Act. (40 U.S.C. 3701-3708)Contract Work Hours and Safety
Standards Act(40 U.S.C.3701-3708).Where applicable, all contracts awarded by the non-Federal entity in
excess of$100,000 that involve the employment of mechanics or laborers must include a provision for
9
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MnDOT Contract No. 1029949
compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of
40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market,or contracts for transportation or transmission of intelligence.
18.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental,or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts
and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
18.7. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),
as amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards,orders or regulations
issued under the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as
amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
18.8. Debarment and Suspension. (Executive Orders 12549 and 12689)A contract award(see 2 CFR 180.220)
must not be made to parties listed on the government wide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549(3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by
agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
18.9. Byrd Anti-Lobbying Amendment. (31 U.S.C. 1352)Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or
an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier
up to the non-Federal award.
18.10. Procurement of Recovered Materials.See 2 CFR 200.322 Procurement of Recovered Materials.
18.11. Drug-Free Workplace. In accordance with 2 C.F.R. §32.400,the Local Government will comply with the
Drug-Free Workplace requirements under subpart B of 49 C.F.R. Part 32.
18.12, Nondiscrimination. The Local Government hereby agrees that,as a condition of receiving any Federal
financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964(78 Stat.
252,42 U.S.C. §2000d), related nondiscrimination statutes(i.e.,23 U.S.C. §324,Section 504 of the
Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975),and applicable regulatory
requirements to the end that no person in the United States shall,on the grounds of race,color, national
origin,sex, handicap,or age be excluded from participation in, be denied the benefits of,or otherwise be
10
70
MnDOT Contract No. 1029949
subjected to discrimination under any program or activity for which the Local Government receives Federal
financial assistance. The specific requirements of the Department of Transportation Civil Rights assurances
(required by 49 C.F.R.§§21.7 and 27.9)are incorporated in the agreement.
18.13. Federal Funding Accountability and Transparency Act(FFATA).
18.13.1. This Agreement requires the Local Government to provide supplies and/or services that are funded
in whole or in part by federal funds that are subject to FFATA.The Local Government is responsible
for ensuring that all applicable requirements,including but not limited to those set forth herein,of
FFATA are met and that the Local Government provides information to the MnDOT as required.
a. Reporting of Total Compensation of the Local Government's Executives.
b. The Local Government shall report the names and total compensation of each of its five most
highly compensated executives for the Local Government's preceding completed fiscal year, if
in the Local Government's preceding fiscal year it received:
i. 80 percent or more of the Local Government's annual gross revenues from Federal
procurement contracts and Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR 170.320(and subawards);and
ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts),and Federal financial assistance subject to the Transparency Act(and
subawards);and
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a)or 15(d)of the Securities
Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue
Code of 1986. (To determine if the public has access to the compensation information,
see the U.S.Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.).
Executive means officers, managing partners,or any other employees in management
positions.
c. Total compensation means the cash and noncash dollar value earned by the executive during
the Local Government's preceding fiscal year and includes the following(for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock,stock options,and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R),Shared Based Payments.
iii. Earnings for services under non-equity incentive plans.This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor
of executives, and are available generally to all salaried employees.
iv. Change in pension value.This is the change in present value of defined benefit and
actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax qualified.
11
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MnDOT Contract No. 1029949
18.13.2. Other compensation, if the aggregate value of all such other compensation (e.g.severance,
termination payments,value of life insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds$10,000.
18.13.3. The Local Government must report executive total compensation described above to the MnDOT
by the end of the month during which this agreement is awarded.
18.13.4. The Local Government will obtain a Data Universal Numbering System (DUNS)number and
maintain its DUNS number for the term of this agreement. This number shall be provided to
MnDOT on the plan review checklist submitted with the plans for each project. More information
about obtaining a DUNS Number can be found at: http://fedgov.dnb.com/webform/
18.13.5. The Local Government's failure to comply with the above requirements is a material breach of this
agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be
obligated to pay any outstanding invoice received from the Local Government unless and until the
Local Government is in full compliance with the above requirements.
[THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.]
12
72
MnDOT Contract No. 1029949
City of Fridley DEPARTMENT OF TRANSPORTATION
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 ordinances
By: By:
Title: Title:
Date: Date:
COMMISSIONER OF ADMINISTRATION
By: By:
Title: Date:
Date:
Updated December 1,2017 13
73
CITY COUNCIL MEETING
tool
Fridley OF
DECEMBER 18, 2017
To: Walter T. Wysopal, City Manage���,C/
From: Debra A. Skogen, City Clerk
Date: December 14, 2017
Re: Resolution Designating Polling Places the 2018 Primary and General Elections
Minnesota Statute 204B.16, subd.1. requires the governing body of each municipality to designate
by ordinance or resolution election precincts and polling locations by December 31st of each year
for the following year.
The attached resolution designates the precincts and polling places to be used for the 2018 primary
and general elections.
Staff recommends a motion adopting a resolution designating precincts and polling locations for the
2018 election year,as shown in Attachment 1.
74
Attachment 1
RESOLUTION NO. 2017-
A RESOLUTION DESIGNATING PRECINCTS AND POLLING LOCATIONS
FOR THE 2018 ELECTION YEAR
WHEREAS, Minnesota Statute 204B.16, subd. 1 requires the governing body of each municipality
to designate by resolution each year no later than December 31 s`, polling places for each election
precinct;and
WHEREAS, the polling places designated by this resolution are to be used for elections duringthe
year 2018.
NOW, THEREFORE BE IT RESOLVED that the polling places to be used as the municipal
precincts in the calendar year 2018 are as follows:
Ward 1 Precinct 1 Grace Evangelical Free Church, 755 73rd Ave NE
Ward 1 Precinct 2 Hayes Elementary School,615 Mississippi St NE
Ward 1 Precinct 3 Fridley Municipal Center,6431 University Ave NE
Ward 1 Precinct 4 Fridley Community Center,6085 7th Street NE
Ward 2 Precinct 1 Woodcrest Elementary School, 880 Osborne Rd NE
Ward 2 Precinct 2 Michael Servetus Unitarian Church,6565 Oakley Dr NE
Ward 2 Precinct 3 St.Philip's Lutheran church,6180 Highway 65 NE
Ward 2 Precinct 4 North Park Elementary School, 5575 Fillmore St NE
Ward 3 Precinct 1 Springbrook Nature Center, 100 85th Ave NE
Ward 3 Precinct 2 Redeemer Lutheran church,61 Mississippi Way NE
Ward 3 Precinct 3 Stevenson Elementary School, 6080 E River Rd NE
Ward 3 Precinct 4 Fridley Covenant Church,6390 University Ave NE
BE IT FURTHER RESOLVED that the Fridley City Council hereby directs the clerk to make all
necessary notifications and preparations for elections held in 2018 as required by Minnesota Statute,
Minnesota Rules and the Administrative Policy of the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
18TH DAY OF DECEMBER 2017.
ATTEST: SCOTT J.LUND- MAYOR
DEBRA A. SKOGEN-CITY CLERK
75
= AGENDA ITEM
JJFñdle?j CITY COUNCIL MEETING OF
DECEMBER 18, 2017
To: Wally Wysopal, City Manage ,
From: Shelly Peterson, Finance Director
Date: December 14, 2017
Re: Resolution Approving 2017 Gifts, Donations, & Sponsorships
Background
Each year the City receives a multitude of gifts and donations. The City is sincerely grateful for the
support we receive from an array of organizations and individuals. Without this support,the
continuation of different events or programs would be difficult to sustain. Attached is a schedule
for 2017 listing all of donations and gifts received by various city departments thru December 13,
2017.
All the items listed on the attached schedule are required to be accepted by the city council and
adopted by a two-thirds majority. In addition, all items have been determined to be donated free of
any quid pro quo expectation by the donor.
Recommendation
Staff recommends Council adopt the resolution approving the 2017 gifts, donations, and
sponsorships listed on schedule 1.
76
RESOLUTION NO.2017-
A RESOLUTION APPROVING THE 2017 GIFTS,DONATIONS
AND SPONSORSHIPS TO THE CITY OF FRIDLEY
WHEREAS, each year the City receives a multitude of gifts and donations; and
WHEREAS, the City is sincerely grateful for the support we receive from an array of
organizations and individuals; and,
WHEREAS, without this support, the continuation of different events or programs would be
difficult to sustain; and
WHEREAS, the attached 2017 schedule lists all the donations and gifts received by various city
departments thru December 13th; and
WHEREAS, all the items listed on the attached schedule are required to be accepted by the city
council and adopted by a two-thirds majority; and
WHEREAS, in addition, all items have been determined to be donated free of any quid pro quo
expectation by the donor.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY
OF FRIDLEY HEREBY APPROVES THE 2017 GIFTS, DONATIONS AND
SPONSORSHIPS LISTED ON SCHEDULE 1 THIS 18TH DAY OF DECEMBER,2017.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
77
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96
CITY COUNCIL MEETING OF
Fridley DECEMBER 18, 2017
LICENSE LIST
Temporary On-Sale Intoxicating Fridley Lions
Liquor— Public Safety Director
February 16,2017 City Clerk
97
AGENDA ITEM
[tee`
Fridley
CITY COUNCIL MEETING OF
December 18. 2017
To: Walter Wysopal, City Manager ir)
From: Debra A. Skogen, City Clerk
Date: December 18,2017
Re: RESOLUTIONS IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY LIONS AT FRIDLEY
AMERICAN LEGION LOCATED AT 7365 CENTRAL AVENUE NE AND TWO
STOOGES SPORTS BAR AND GRILL LOCATED AT 7178 UNIVERSITY
AVENUE NE
Minnesota State Law requires a lawful gambling organization applying for a State Premise
Permit to contact the City in which it will be conducting lawful gambling in to provide a
resolution in support of their application.
In 2016, the Fridley American Legion's Gambling Manager was found to have embezzled
money from the organization's charitable gambling proceeds. The American Legion is
responsible for repaying those funds through restitution, insurance or direct repayment. After
working with the Minnesota Gambling Control Board, the American Legion has reached an
agreement that would suspend their lawful gambling's license for the months of January and
February 2018.
The American Legion currently conducts lawful gambling at the Fridley American Legion and at
Two Stooges Sports Bar and Grill. Over the weekend, the American Legion reached an
agreement with the Fridley Lions to conduct lawful gambling at the American Legion and Two
Stooges for the months of January and February 2018. The State does not recognize a temporary
permit and will issue a perpetual license agreement for lawful activity. However, there is a lease
termination clause allowing a lease to be terminated by either party with a written thirty(30) day
notice. If the Legion or Two Stooges wishes to discontinue their lease, they would provide the
thirty day written notice to the Fridley Lions.
To help expedite the process, staff recommends the City Council adopt the following two
resolutions in support of an Application for a Minnesota Premises Permit for
1. Fridley Lions at the Fridley American Legion Located at 7365 Central Avenue NE; and
2. Fridley Lions at Two Stooges Sports Bar and Grill Located at 7178 University Avenue
NE
RESOLUTION NO.2017-
_
A RESOLUTION IN SUPPORT OF AN APPLICATION
FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT
FOR FRIDLEY LIONS AT FRIDLEY AMERICAN LEGION POST 303
LOCATED AT 7365 CENTRAL AVENUE NE
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Permit from Fridley Lions; and
WHEREAS, the location of the Premise Permit is for Fridley American Legion Post 303 located
at 7365 Central Avenue NE; and
WHEREAS, the Fridley Lions is a qualifying organization and currently holds a license for four
premises in the City for lawful gambling at Banquets of Minnesota, Route 47 Pub & Grub,
Shortstop—Fridley, and Broadway Bar&Pizza; and
WHEREAS, the City of Fridley has found no reason to restrict the location or deny the
application for lawful gambling purposes.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
supports the Minnesota Lawful Gambling Premise Permit Application for the Fridley Lions
Fridley American Legion Post 303 located at 7365 Central Avenue NE, Fridley, Minnesota.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
18th DAY OF MAY 2017.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
RESOLUTION NO.2017-
A RESOLUTION IN SUPPORT OF AN APPLICATION
FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT
FOR FRIDLEY LIONS AT TWO STOOGES SPORTS BAR AND GRILL
LOCATED AT 7178 UNIVERSITY AVENUE NE
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Permit from Fridley Lions; and
WHEREAS, the location of the Premise Permit is for Two Stooges Sports Bar and Grill located
at 7178 University Avenue NE; and
WHEREAS, the Fridley Lions is a qualifying organization and currently holds a license for four
premises in the City for lawful gambling at Banquets of Minnesota, Route 47 Pub & Grub,
Shortstop—Fridley, and Broadway Bar&Pizza; and
WHEREAS, the City of Fridley has found no reason to restrict the location or deny the
application for lawful gambling purposes.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
supports the Minnesota Lawful Gambling Premise Permit Application for the Fridley Lions at
Two Stooges Sports Bar and Grill located at 7178 University Avenue NE, Fridley, Minnesota.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
18th DAY OF MAY 2017.
Scott J. Lund,Mayor
ATTEST:
Debra A. Skogen, City Clerk
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 18, 2017
TO: Walter Wysopal, City Manager PW17-080
FROM: James Kosluchar, Public Works Director
DATE: December 18, 2017
SUBJECT: Approve a Revised Construction Cooperation Agreement with
Metropolitan Council Environmental Services for Restoration of
Community Park
On June 8, 2017, the City Council approved a Construction Cooperation Agreement with the
Metropolitan Council Environmental Services(MCES)relating to their use of Community
Park.
Subsequent to our approval,MCES advised that their attorneys requested some revisions to the
agreement. Our staff developed a redline of the agreement for the City Attorney's review of the
MCES requested changes. The City Attorney responded with two additional changes.
We were informed today that MCES has approved of the final document, including our City
Attorney's changes. As there are no further City Council meetings for the year,and MCES have
requested that they reimburse us prior to the end of the year, staff has little choice but to add
this item to tonight's agenda.
Work has been completed in accordance with this agreement.
Staff therefore recommends the City Council move to approve the attached Revised
Construction Cooperation Agreement with Metropolitan Council Environmental Services
for Restoration of Community Park.
If the Council approves, staff will invoice the Met Council for $23,754 in accordance with the
agreement.
JPK:jpk
Attachments
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 12, 2017
TO: Walter Wysopal, City Manager PW17-039
FROM: James Kosluchar, Public Works Director
DATE: June 8, 2017
SUBJECT: Approve a Construction Cooperation Agreement with Metropolitan Council
Environmental Services for Restoration of Community Park
During the past 18 months, the Metropolitan Council Environmental Services (MCES) has
utilized Community Park property to stage construction for the North Area Interceptor 8 project.
This project was intended to rehabilitate an 84" trunk sanitary sewer interceptor east of the
BNSF Railway near Community Park. As the restoration cannot easily be completed to provide
the level of quality the City desires with its current contractor, MCES proposes to provide an
allowance the City to contract for restoration elements. These include repairs to the irrigation
system and final grading and turf establishment. Lastly,an additional allowance is provided to
upgrade scoreboards at Community Park in lieu of payment for lost use of the property.
The City's Recreation Director and Parks and Streets Operations Manager have reviewed this
arrangement,and have approved it as satisfactory and substantial to complete final restoration
outside the contractors responsibilities (including fencing, grading, stabilization, etc.).
It is important to note that this agreement relates to Community Park only,and the disposition of
Plaza Park and final restoration is subject to the City's discretion, including removal and repair
of a temporary trail. The Park and Recreation Board and staff are reviewing alternatives for
Plaza Park's final restoration.
Staff therefore recommends the City Council move to approve the attached Construction
Cooperation Agreement with Metropolitan Council Environmental Services for
Restoration of Community Park.
If the Council approves, staff will invoice the Met Council for $23,754 in accordance with the
agreement.
JPK:jpk
Attachment
Metropolitan Council No. 16I072
CONSTRUCTION COOPERATION AGREEMENT FOR
RESTORATION OF COMMUNITY PARK IN FRIDLEY,MN
THIS AGREEMENT is made and entered into by and between the Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota, hereinafter
referred to as "Council" and the City of Fridley, a municipal corporation under the laws of the
State of Minnesota,hereinafter referred to as the"City".
BACKGROUND RECITALS
1. The Council completed construction of North Area Interceptor (NAI)
Rehabilitation Project 808680 Site 1 in Community Park in the City of Fridley in
November 2016, except for restoration of a City baseball field that was used for
equipment staging and material storage ("the Council Project"). The site is shown
in Exhibit A, attached.
2. To restore the baseball field to existing or better condition, a specialty contractor
is required to complete the work.
3. The Council is not staffed or equipped to perform the restoration of the City
baseball field.
4. Both Council and City desire that the City contract directly with a qualified
specialty contractor to ensure the baseball diamond is restored in a manner that is
acceptable to the City and to allow the City to administer any follow up warranty
work.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is
hereby acknowledged by the parties, the parties agree as follows:
AGREEMENT
1. Scope. The City will either 1) self perform the work,or 2)obtain bids and enter into an
agreement with a contractor for the construction of the work. The City will supervise the
work that will be performed under the agreement. The work that will be performed by
the City's contractor will include the following items: repair of the existing irrigation
system damaged during the Council Project, finish grade the outfield to remove erosion
control vegetation and provide a proper substrate for installation of specialty seeding,
install and maintain specialty seeding for one year, and upgrade existing scoreboards in
lieu of paying for use of the property. A breakdown of the costs for the work is shown in
Exhibit B. Upon completion of this work,the City shall be responsible for all ongoing
and future maintenance of Community Park.
2. Term. The term of this Agreement shall commence on the date this Agreement is
executed by both parties and shall terminate on December 31,2017, unless otherwise
terminated as provided in this Agreement..
3. Payment. Upon execution of this Agreement,the City shall submit an invoice to the
Council for$23,754. The Council shall pay the City within 30 calendar days of receipt of
1
Metropolitan Council No. 16I072
the invoice.No payment will be requested or made which will cause the total value of
this Agreement to exceed$23,754.
4. Liability. Each party agrees that it will be responsible for its own acts and the results
thereof to the extent authorized by law, and shall not be responsible for the acts of the
other party and the results thereof. The City's and Council's liability is governed by the
provisions of Minnesota Statutes, Chapter 466.
5. Additional Provisions to be Included by City.In the event the City obtains bids and
enters into an agreement with a contractor for the work,the City further agrees that the
City further agrees that the contract between the City and the contractor shall include
clauses that: 1)require the contractor save and protect,hold harmless, indemnify, and
defend the Council and its members, agents, and employees against any and all claims,
expenses(including without limitation attorney's fees,witness fees, and disbursement
incurred in the defense thereof), losses,damages, or lawsuits for damage or injury that
are alleged to arise out of,result from, or attributable to,whether in whole or in part,the
contractor's Work, including acts or omissions of its employees, subcontractors,
representatives, or agents, or anyone else for whom contractor may be liable; 2)require
the contractor to state that nothing in the agreement shall be construed to waive the
municipal immunities or liability limits provided in the Minnesota Municipal Tort Claims
Act or other applicable state or federal law; 3)require the contractor to provide and
maintain insurance as provided on Exhibit C naming Council as additional insured; and
4)require the contractor to be an independent contractor for the purposes of completing
the work provided for in this Agreement.
6. Compliance. The City agrees to comply with all federal, state and local applicable laws
and ordinances applicable to and binding upon the City including but not limited to
nondiscrimination, affirmative action,public purchases, contracting, employment,
including workers' compensation and surety deposits required for construction contracts.
The provisions of Minnesota Statutes, Section 181.59 and of any applicable local
ordinance relating to civil rights and discrimination and the Affirmative Action Policy
statement of the City shall be considered a part of this Agreement.
7. Record-Keeping,Audit. Pursuant to Minnesota Statutes, Section 16C.05, subdivision 5,
the Parties agree that the books,records, documents, and accounting procedures and
practices relevant to this Agreement are subject to examination by the Council,the City
and the state auditor or legislative auditor, as appropriate, for a minimum of six years
from the end of this Agreement.
8. Waiver, Severability. The provisions of this Agreement shall be deemed severable. If
any part of this Agreement is rendered void, invalid, or unenforceable, such rendering
shall not affect the validity and enforceability of the remainder of this Agreement unless
the part or parts which are void, invalid or otherwise unenforceable shall substantially
impair the value of the entire Agreement with respect to the parties. One or more waivers
by said party of any provision, term, condition or covenant shall not be construed by the
other party as a waiver of a subsequent breach of the same by the other party.
2
Metropolitan Council No. 16I072
9. Notice. Any notice or demand, which may or must be given or made by a party hereto,
under the terms of this Agreement or any statute or ordinance, shall be in writing and
shall be sent (i) certified mail, (ii) by e-mail, provided that the recipient of such notice
acknowledges receipt by e-mail or otherwise in writing, or(iii) delivered in person to the
other party addressed to the following authorized representatives:
Metropolitan Council City Engineer
Attn: General Manager of Environmental Services City of Fridley
390 Robert Street North 6431 University Ave NE
St. Paul, MN 55101-1805 Fridley,MN 55432
10.No Third Party Beneficiary. The covenants of this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their successors and assigns. This
Agreement is not intended to for the benefit of any third-party.
11. Complete Agreement. 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. 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
authorized representatives of the parties hereto.
12. Governing Law. This Agreement is governed, construed, and enforced under the laws
of the State of Minnesota without regard to its conflicts of law provisions
13.Assignability. This Agreement may not be assigned by either Party without the other
party's express written consent, such consent not to be unreasonably withheld.
14.Data Practices. The Parties will comply with the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13, as it applies to all data created, collected, received,
stored, used, maintained, or disseminated in accordance with this Agreement. The civil
remedies of Minnesota Statutes, section 13.08, apply to the release of the data referred to
in this section by either Party.
15.Prompt Payment of Subcontractors. Consistent with Minnesota Statutes,
section 471.425, if any part of the Work is subcontracted,the contractor shall pay any
such subcontractor within ten(10)days of the contractor's receipt of payment from the
Council for undisputed services provided by the subcontractor. The contractor shall not,
by reason of said payments,be relieved from responsibility for that portion of the Work
done by the subcontractor and shall be responsible for the entire Work until the same is
finally accepted by the Council.
The Contractor shall pay interest at the rate of one and one half percent(1 Y2%)per month
or part thereof to a subcontractor on any undisputed amount not paid in accordance with
the preceding paragraph. The minimum monthly interest payment for an unpaid balance
of one hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance of less
3
Metropolitan Council No. 16I072
than one hundred dollars ($100), the contractor shall pay the actual interest due to the
subcontractor.
In accordance with Minnesota Statutes, section 471.425, a subcontractor who prevails in
a civil action to collect interest penalties from the contractor must be awarded its costs
and disbursements, including attorney fees, incurred in bringing the action. Execution of
this Agreement constitutes the contractor's consent to such award in the event a
subcontractor prevails in such an action.
16. Workers Compensation. Any and all employees of each of the respective parties
hereto, and all other persons engaged by each respective party in the performance of any
work or services required or provided herein to be performed by the respective party shall
not be considered employees of any of the other parties hereto, and that any and all
claims that may or might arise under the Worker's Compensation Act or the Minnesota
Economic Security Law 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 of the part of said employees while so engaged,on any work or services
provided to be rendered herein,will not be the obligation or responsibility of other
respective party.
17. Termination. Either Party may terminate this agreement upon ninety (90) days written
notice to the other party.
The remainder of this page is intentionally blank. Signature page to follow.
4
Metropolitan Council No. 16I072
IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized officers as of the day and year first above written
METROPOLITAN COUNCIL,
A public corporation and political subdivision
of the State of Minnesota
By:
Leisa Thompson
General Manager of Environmental Services
Date:
CITY OF FRIDLEY
A municipal corporation of the
State of Minnesota
By:
Its: Mayor
Date:
and
Its: City Manager
Date:
5
EXHIBIT A: City of Fridley Plaza Park Baseball Field to be Restored
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EXHIBIT B- ENGINEER COST ESTIMATE
MCES NAI Rehabilitation Phase 8- Project 808680 Baseball Field Restoration
Item Unit Qty Unit Price Extended Amount
1 Irrigation System Repair LS **** "'" $2,100
2 Finish Grading LS **** **** $2,000
3 Seeding and Maintenance LS **** **** $7,500
4 Upgrade Scoreboards LS **** **** $10,600
SUBTOTAL $22,200
7%Fees $1,554
TOTAL $23,754
Exhibit C
INSURANCE AND BOND REQUIREMENTS
Insurance Requirements. Contractor shall purchase from and maintain during
the Work, or longer if required elsewhere in this contract, in a company or companies
lawfully authorized to do business in the jurisdiction in which the Project is located,
insurance set forth below providing protection from claims which may in any way be
related to Contractor's Work under the Contract and for which Contractor may be legally
liable,whether such operations be by the Contractor or by a Subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be liable:
1. General Liability and Umbrella Insurance
1.1. Contractor shall maintain commercial general liability(CGL) on an occurrence
form and, if necessary, commercial umbrella insurance with a limit of not less
than$1,000,000 each occurrence and a general aggregate limit of not less than
$2,000,000. The general aggregate limit shall apply separately to this project.
1.1.1. CGL insurance shall be written on ISO occurrence form CG 00 01 12
04(or a substitute form providing equivalent coverage) and shall cover
liability arising from premises, operations,independent contractors,
products-completed operations,personal injury, advertising injury,
contractual liability, including the contractual liability assumed in Section
9.01
1.1.2. The Metropolitan Council, its Architect/Engineer, its officers, agents and
employees shall be included as an additional insured under the CGL utilizing
ISO CG 20 26 04 13 and ISO CG 20 37 04 13, or their equivalent. Such
coverage shall be maintained in effect for the benefit of the Metropolitan
Council, its Architect/Engineer, officers, agents and employees, for a
minimum period of three years following Final Acceptance by COUNCIL of
the work related to this contract. This insurance shall be primary and non-
contributory with respect to any other insurance or self-insurance programs
afforded to Metropolitan Council. There shall be no endorsement or
modification of the CGL to make it excess over other available insurance.
2. Automobile and Umbrella Liability Insurance
2.1. Contractor shall maintain Business automobile coverage, ISO CA 00 01, 1997 or
later edition, and if necessary an Umbrella Liability policy on a following-form
basis, for liability arising out of the operation,maintenance or use of any
automobile, whether owned, non-owned,rented or leased, with a limit of not less
than$1,000,000 each accident.
2.1.1. Pollution liability coverage equivalent to that provided under the ISO
pollution liability-broadened coverage for covered autos endorsement(CA
Exhibit C
99 48) shall be provided, and the Motor Carrier Act endorsement(MCS 90)
shall be attached.
2.1.2. The Metropolitan Council, its officers, agents and employees shall be
included as an additional insured by endorsement, ISO Form CA 20 48 02 99
or equivalent
3. Workers' Compensation and Employers Liability
3.1. Workers' Compensation pursuant to Statute
3.2. Employers Liability with limits not less than$500,000 each accident for bodily
injury by accident, $1,000,000 each employee for bodily injury by disease,
$500,000 policy limit for bodily injury by disease.
4. Property Insurance
4.1. Contractor shall purchase and maintain property insurance written on a builder's
risk"all-risk"or equivalent policy form in the amount of the initial contract sum,
plus value of subsequent contract modifications and cost of materials supplied or
installed by others, comprising total value for the entire Project at the site on a
replacement cost basis.
4.2. It shall provide coverage for,but not be limited to, loss or damage to the Work,
temporary buildings, falsework,Work materials and equipment stored off or on
site and in transit.
4.3. Include the interests of the Metropolitan Council, Contractor, Subcontractors,
and A/E, each of whom is deemed to have an insurable interest.
4.4. Policy shall be maintained in effect until Final payment and acceptance by the
Metropolitan Council.
4.5. Include an endorsement permitting partial utilization of the Work if Metropolitan
Council finds it necessary to occupy or use a portion or portions of the Work
completed prior to Final Payment and Acceptance of the Work.
5. Contractor Pollution Liability(CPL)
5.1. Contractor shall maintain this coverage with limits not less than$1,000,000 each
claim and$2,000,000 annual aggregate. Coverage shall include bodily injury,
property damage, including loss of use of property, clean-up costs, defense
(including costs and expenses in cuffed in the investigation, defense, or
settlement of claims),products and/or completed operations, and contractual
liability. Coverage shall also be provided for transport of waste and non-owned
disposal sites,if contractor is disposing of waste.
5.2. The Metropolitan Council shall also be listed as an insured on such policy.
5.3. If CPL policy is written on a claims-made basis,then retroactive date must
precede the earlier of either i.)the effective date of this contract, or ii.)the date
work begins and shall provide an extended reporting period.
Exhibit C
6. Railroad Protective Liability
6.1. If applicable,Contractor shall purchase and maintain Railroad Protective
Liability(RPL)Insurance which shall list the interest of the Railroad as the
insured.
6.2. Limits shall be not less than required by Railroad.
Other Insurance Provisions. The insurance policies shall contain the following
provisions:
6.3. Each insurance policy shall be endorsed to state that coverage shall not be
suspended,voided, canceled or non-renewed, except after thirty days' prior
written notice(ten day notice for cancellation due to non-payment of premium),
has been given to the Council at the following address:
Metropolitan Council
Attn: Risk Management
390 N. Robert St.
Saint Paul,MN 55101
6.4. In addition to notifying its insurer(s) in accordance with the policy, Contractor
shall provide prompt written notice(to the address above) as soon as reasonably
possible of any accident or loss relating to work performed on behalf of the
Metropolitan Council.
6.5. Each policy shall be endorsed to state that the insurer agrees to waive all rights of
subrogation against the Council, its members, agents and employees, for losses
arising out of the performance of this contract.
6.6. Insurance is to be placed with insurers with Best's rating of no less than A:VII.
6.7. The Contractor shall furnish the Council with certificates of insurance and with
copies of endorsements evidencing coverage required by this article. The
certificates and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All certificates
and endorsements are to be received by the Council before work commences.
The COUNCIL is not obligated to review certificates or other evidence of
insurance, or to advise the CONTRACTOR of any deficiencies in such
documents, and receipt thereof will not relieve the CONTRACTOR from, nor be
deemed a waiver of the COUNCIL's right to enforce,the terms of the
CONTRACTOR's obligations hereunder. The COUNCIL will have the right to
examine any policy required by this Contract.
CONTRACTOR's Responsibility for Insurance. The COUNCIL does not represent in
any way that the insurance specified in this contract,whether in scope of coverage or
limits, is adequate or sufficient to protect the CONTRACTOR's business or interests. It
is the sole responsibility of the CONTRACTOR to determine the need for and to procure
additional coverage that may be needed in connection with this contract. Furthermore,
the procuring of such required policy or policies of insurance shall not be construed to
Exhibit C
limit the CONTRACTOR's liability under this contract nor to fulfill the indemnification
provisions and requirements of this contract. Notwithstanding any policy or policies of
insurance, the CONTRACTOR shall be obligated for the full and total amount of any
damage, injury, or loss arising out of or resulting from acts or omissions in performing
work under this agreement.
AGENDA ITEM
Ilk
CITY COUNCIL MEETING OF
CITY
FEY DECEMBER 18, 2017
To: Walter T. Wysopal, City Managere
From: Debra A. Skogen, City Clerk'
Date: December 11, 2017
Re: Public Hearing on a Proposed Ordinance Amending Fridley City Charter Chapter 7
Taxation and Finances
The Fridley Home Rule Charter is the fundamental law which defines the powers the citizens
agree to give their city government. The Charter Commission is comprised of fifteen court
appointed citizens who meet about eight times a year to discuss and refine the charter in response
to the needs of the community.
The City Council adopted an ordinance amending Chapter 7 in reference to levy restrictions
earlier this year. After passage of that amendment, the Charter Commission continued its
discussion and reviewed the remainder of Chapter 7.
Minnesota Statute, Section 410.12, Subd. 7., allows for an amendment by ordinance upon
recommendation of the Charter Commission. Within one month of receiving a recommendation
to amend the charter by ordinance, the city must publish notice of a public hearing on the
proposed ordinance. The public hearing must be held at least two weeks but not more than one
month after the notice is published.
On November 6, 2017, the Charter Commission recommended an amendment by ordinance to
the City Council that would bring Chapter 7 current with today's laws and accounting standards
and practices. The City Council received the recommendation and on November 13, 2017,
adopted Resolution No. 2017-63 scheduling the public hearing for December 18th and directing
the City Clerk to publish the notice of the proposed amendment. The text of the ordinance was
published in the November 24, 2017 edition of the Fridley SunFocus and on the City's website
meeting the publication requirements.
Staff recommends a motion holding the public hearing on the proposed Charter amendment to
Chapter 7 on the proposed Ordinance, as shown in Attachment 1.
98
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 7. TAXATION
AND FINANCES
The Fridley City Charter has completed its review of Chapter 7 and has recommended an
amendment of the City Charter by Ordinance to the City Council on November 7, 2017.
The Fridley City Council hereby finds after review, examination and recommendation of the
Charter Commission that Fridley City Charter Chapter 7 related to taxation and finances should
be hereby amended and ordains as follows:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
SECTION 1: THAT SECTION 7.02.3 BE HEREBY AMENDED AS FOLLOWS:
Section 7.02. POWER OF TAXATION
3. Any other fees created,or increased beyond the limits set forth in subsection 1, shall require
voter approval as stipulated in subsection 2.
A. For the purposes of this subsection, "fees" includes sales and use taxes,recycling fees.
gas and electric franchise fees and any other fee that produces a tax burden or direct
financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152,
1244)
B. For the purposes of this subsection,the term "fees" does not include: utility charges,
recycling fees,Parks and Recreation Department participation fees, charges for photo-
copying, sales of municipal liquor store products,or civil and criminal fines and other
charges collected in cases of restitution or violation of law or contract. The term "fees"
also does not include rental housing fees,building permit fees,liquor license fees,the
extension or transfer of cable television service authority to additional service providers
for which fees are already being charged, fees for the operation of junk yards, annual
license fees for the operation of pawn shops and other regulated business, and any other
charge for services,including health and safety related Code enforcement, and other
goods, services or materials routinely provided by the City to its citizens or other
members of the public which,by law,must be limited to the actual cost of the service
being provided. The term"fees" shall not include any special assessments made under
Minnesota state law. Statutes Section 429. (Ref Ord 1152, 1244)
C. All fees and other charges referenced in section B above shall be designed to cover the
cost of the service and anticipated future costs. For the purposes of this subsection, "fee
increase"includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or
fee rate increase, an expansion in the legal definition of a tax or fee base, and an
extension of an expiring tax or fee. (Ref Ord 1152)
99
Ordinance No. Page 2
SECTION II: THAT SECTION 7.04. PREPARATION OF ANNUAL BUDGET BE
HEREBY AMENDED AS FOLLOWS:
Section 7.04. PREPARATION OF ANNUAL BUDGET
The City Manager shall prepare the estimates for the annual budget The budget shall include all
funds identified by the City Manager as requiring annual budget estimates. The budget which
shall include any estimated deficit/surplus for the current year. The budget shall contain
sufficient detail to be readily understood and contain explanatory statements as deemed
necessary.
The estimates of revenues and expenditures for general and special revenue funds shall be by
organizational unit and include comparative figures for the current fiscal year and actual figures
for the two preceding fiscal years. . - . . . - . ... -- -- . . ' . Eaeli
. .. _ .
Expenditure estimates shall be divided into three(3)major subdivisions as follows:
A. Salaries and Wages,
B. Ordinary Expenses,
C. Capital Outlay.
In funds other than general and special revenue, the proposed expenditures shall be presented in
an understandable manner according to the discretion of the City Manager.
2. Salary detail shall show a list of all salaried officers and pesittions with salary allowance and
number of persons holding each. Wages shall be broken down in sufficient detail to justify the
. . a . . .. - - . . • .. - . • . .' -- , - .. _
direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord. 625)
precedingfiscal years, and, . . . . . ' . . -, -- ., .. - . . . ., . - - . .
expenditure during the current year. In addition to estimates of expenditures, the City Manager
of revenues for the ensuing fiscal year. The estimates shall be submitted to the Council at its
Publication prior to November 15. (Ref Ord. 625, Ord. 916)
SECTION III: THAT SECTION 7.06 ENFORCEMENT OF THE BUDGET BE
HEREBY AMENDED AS FOLLOWS:
Section 7.06. ENFORCEMENT OF THE BUDGET.
It shall be the duty of the City Manager to enforce stfietly the provisions of the budget in accordance
with the City Council budget resolution and other financial policies of the City. The City Manager
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Ordinance No. Page 3
orders and encumbrances. No officer or employee of the City shall place any orders or make any
purchases except for the purposes and to the amounts authorized in the budget resolution. Any
obligation incurred by any person in the employ of the City an officer or City employee for any
purpose not authorized in the budget resolution or for any amount in excess of the amount therein
wed-shall appropriated in the budget resolution or in excess of available moneys in any fund
of the City may be considered a personal obligation upon the person incurring the expenditure.
(Ref. Ord. 857)
SECTION IV: THAT SECTION 7.07. ALTERATIONS IN THE BUDGET BE HEREBY
AMENDED AS FOLLOWS:
Section 7.07. ALTERATIONS IN THE BUDGET.
After the budget shall have has been duly adopted,the Council shall not have power to increase the
amounts therein fixed in the budget resolution,whether by the insertion of new items or otherwise,
beyond the estimated revenues,unless the actual receipts shall exceed such estimates, and in that
event,not beyond such actual receipts. Y-- - - - - - - .. . . .-
The Council may at any time,by resolution passed by a vote of at least four(4)members of the
Council,reduce salaries or the sums appropriated for any purpose by the budget resolution,or by
vote of at least four(1)members of the Council authorize the transfer of sums from the unexpended
balances of the budget to other purposes. (Ref. Ord. 946)
SECTION V. THAT SECTIONS 7.10. TAX SETTLEMENT WITH COUNTY AND 7.11.
DISBURSEMENTS HOW MADE BE HEREBY REPEALED IN THEIR ENTIRETY AS
FOLLOWS:
Section 7.10. TAX SETTLEMENT WITH COUNTY.
Section 7.11. DISBURSEMENTS, HOW MADE.
person in whese favor the order was-4rawn. The Treasurer shall issue no check upon any City
funds except upon such order. In the discretion of the Council the order and check may be a single
instrument. No claim against the City shall be allowed unless accompanied by either an itemized
bill, or a payroll, or time sheet, each of w#ich shall be approved and signed by the responsible City
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Ordinance No. Page 4
may by resolution or motion provide for the regular payment without specific individual
which have been previously duly and regularly incurred.
SECTION VI: THAT SECTION 7.12. FUNDS BE KEPT BE HEREBY AMENDED AS
FOLLOWS:
Section 7A-2 10. FUNDS TO BE KEPT.
There shall be maintained by the Finance Director a classification of funds which shall provide for a
general fund and funds required by law, ordinance, or resolution and meet generally accepted
accounting standards and procedures. The Council may, by resolution,make interfund loans where
permitted by law except from funds held by the City as a trustee or custodian or in the capacity of an
agent. in the City Treasury the following funds:
to be paid into any other fund.
B. A debt service fund, into which shall be paid all receipts from taxes or other sources
for the payment of principal and interest of all obligations issued by-t e-Git -execpt
by special assessments and bonds issued on account of any municipally owned
utility. Out of this fund shall be paid the principal and interest of such obligations
when due. Any surplus in such fund not needed immediately for debt service may
any time.
C. A bond fund, into which shall be paid and disbursed the proceeds of all bonds issued
such bonds.
D. A special assessment fund, which shall be used to finance local improvements that
are to be paid for, in whole or in part, from special assessments against benefited
property. There shall be paid into this fund: (1) collections of special assessments,
with interest, levied against benefited property; (2) proceeds of bonds or certificates
proceeds of interfund loans; (3) amounts from other City funds representing either
(a) apportionments of costs against the City at large, (b)benefit assessments against
City property, or(c) appropriations to maintain the integrity of the fund. There shall
be paid out of this fund: (1) all expenses and-costs of the improvement projects that
bonds and certificates of indebtedness, with interest, at or before maturity, and any
interfund loans; (3)transfers to the general fund of any unencumbered surplus of the
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Ordinance No. Page 5
appropriations from tax funds if necessary, and in addition may by ordinance create
order to anticipate the collection of special assessments the Council may by a
majority vote issue and sell bonds and certificates of indebtedness, pledging the full
outstanding at any time shall not exceed the sum of the following;
(1) all assessments levied and uncollected; (2) assessable cost of work in progress;
and (3) the cash reserve for working capital as previously determined by
. . . •-- • - -•- • . . .•. • . upon completion be certified
by the City Manager as to total cost, which shall thereupon be apportioned by
fund, with any interest due,not later than one(1)year after the due dates.
E. A public utility fund into which shall be paid all money derived from the sale of
from the sale of utility services, and from the sale of any property acquired for or
used in connection with any such utility. There shall be paid out of this fund the cost
of the purchase, construction, operation, maintenance and repair of such utility,
including the principal of and interest upon obligations which have been or shall be
for all utilities which are operated separately.
F. In addition to the foregoing funds, there may be maintained in the City Treasury,
(1) A working capital or revolving fund, for financing self sustaining activities not
accounted for through other funds.
individuals or other governmental units.
(3) Such other funds as may be required by statute or-ordinance. In lieu of
establishing any of the three(3) foregoing types of funds, Subsections 1,2, and
3,the Council may provide for the recording-of operations or activities for which
the use of such funds night be suitable through the maintenance of separate
accounts in any appropriate fund already established. The Council shall have
full power to make by duly adopted ordinance such interfund loans, except from
funds held under Subsection 2 hereof, as it may deem necessary and appropriate
from time to time.
SECTION VII: THAT SECTION 7.13 RECEIPTS TO GO TO CITY TREASURER BE
HEREBY REPEALED IN ITS ENTIRETY AS FOLLOWS:
Section 7.13. RECEIPTS TO GO TO CITY TREASURER.
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Ordinance No. Page 6
All receipts of money belonging to the City, or any branch thereof, excepting only those funds
receive the same. All such moneys, and also all moneys received upon tax settlements from the
SECTION VIII: THAT SECTION 7.14 ACCOUNTS AND REPORTS BE HEREBY
AMENDED AS FOLLOWS:
Section 7.1-4 11. ACCOUNTS AND REPORTS.
The accounts of the city shall be maintained in accordance with generally accepted governmental
accounting standards and procedures. The City Manager shall submit such reports as will be
necessary in order to keep the Council fully informed of the financial conditions of the City. Once a
year in accordance with Minnesota state law,the City Manager shall submit a complete financial
report of the City, for the preceding fiscal year. This report shall contain audited financial
statements and disclosures which present the City's financial position. A summary of the report
shall be published in the official newspaper in a format consistent with the Minnesota State Auditor
requirements. be the Chief Accounting Officer of the City and of every branch thereof, and the
Council may prescribe and enforce proper accounting methods, forms,blanks, and other devices
consistent with the law, this Charter and the ordinances in accord with it. The City Manager shall
of the City as the Council may require. The Council may at any time and shall annually provide for
authorized to make examination of the affairs of municipalities. On or before the first day of April
in each year the City Manager shall prepare a complete financial statement in form approved by the
Council of the City's financial operations for the preceding calendar year, and quarter, which
be published in the official newspaper on or before the third week in April,July, October and
January as appropriate. (Ref Ord. 625, Ord. 857)
SECTION IX: THAT SECTION 7.15. BONDED DEBT AND DEBT LIMIT BE HEREBY
AMENDED AS FOLLOWS:
Section 7.-1-5 12. BONDED DEBT AND DEBT LIMIT INDEBTEDNESS.
1. In addition to all the powers in respect to borrowing and the issuance of bonds and other
obligations for the payment of money specifically or impliedly granted by this Charter, and
any amendments thereto, the City shall have all the powers in reference to these subject
matters granted to cities of its same class by the laws of the State of Minnesota state law. in
torce from time to time. The City shall have the power to issue and sell its bonds to the
State of Minnesota and to comply with all provisions of law relative to loans to
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Ordinance No. Page 7
instrumentalities or frem the State of Minnesota or any of its instrumentalities, and to
comply with all provisions of law relative to obtaining such loans or funds.
2. The Council by a vote of at least four(4) of its members may authorize the issuance of the
bonds to provide funds for any public purpose not prohibited by law,_ er The City Council
may in at its discretion, by a majority vote of all of its members, submit to the electorate
propositions for the issuance of such bonds. When such a proposition is submitted to the
electorate, no bonds or other term obligations of the City may be issued except pursuant to a
favorable vote of a majority of those voting on the proposition of their issuance. e
�.. . .. . . -- . . . •--- . -- ' ... - . ., .. - _.
ten percent (10%) of the last assessed valuation of the taxable property therein, or the limit
authorized by State law for cities of the same class, whichever is the Beater, but in
computing the total bonded debt, certificates of indebtedness, bonds, warrants or other
equipment, purchase, construction, maintenance, extension, enlargement or improvement of
street railways, telegraph or telephone lines, water, lighting, heat and power plants, or either,
operated by the City, or the acquisition of property needed in connection therewith, or for
of lands for streets, parks, or other public improvements or for the improvement thereof, to
a permanent improvement revolving fund; or (1) for the purpose of anticipating the
collection of general taxes for the year in which issued. (Ref. Ord. 857)
SECTION X: THAT SECTION 7.16. FORM AND REPAYMENT OF BONDS BE
HEREBY REPEALED IN ITS ENTIRETY AS FOLLOWS:
Section 7.16. FORM AND REPAYMENT OF BONDS.
No bonds shall be issued to run for longer than the reasonable life expectancy of the property or
improvement for which the bonds are authorized, as ascertained and set forth in the resolution
authorizing such bonds, and in no case shall bonds be issued to run for more than thirty(30) years.
and the proceeds from such bonds shall not be diverted to any other purpose. It shall be the duty of
the City Manager to include ince budget estimates each year a sum or sums amply sufficient to pay
another sum sufficient to pay the interest for the same year on the Bonds which will be still
outstanding. It shall be the duty of the Council, enforceable by mandamus upon the suit of any
bondholder or taxpayer, to include such sum or sums as may be necessary for this purpose in the
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Ordinance No. Page 8
annual budget which it passes. (Ref. Ord. 857)
SECTION XI: THAT SECTION 7.17. DEBT AND TAX ANTICIPATION
CERTIFICATES BE HEREBY AMENDED AS FOLLOWS:
Section 7. 13. DEBT AND TAX ANTICIPATION CERTIFICATES.
In a manner consistent with Minnesota state law, at any time after January 1, following the making
of an annual tax levy, the council may issue certificates of indebtedness in anticipation of the
collection of taxes levied for any fund and not yet collected. The total amount of the certificates
issued against any fund for any year with interest thereon until maturity shall not exceed ninety
percent (90%) of the total current taxes for the fund uncollected at the time of the issuance. Such
certificates shall be issued on such terms and conditions as the Council may determine but they shall
become due and payable not later than the 1'day of April of the year following their issuance. The
proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the
full faith and credit of the City shall be irrevocably pledged for the redemption of the certificates in
the order of their issuance against the fund.
any calamity or other public emergency should subject the City to the necessity of making
extraordinary expenditures, then the Council may authorize the sale by the City Treasurer of
emergency debt certificates to run not to exceed eighteen(18)months and to bear interest at
not more than allowable by State Statutes. A tax sufficient to redeem all such certificates at
maturity shall be levied as part of the budget of the following year. The authorization of an
issue of such emergency debt certificates shall take the form of an ordinance approved by at
least four ('1) of the members of the Council; the ordinance may, if deemed necessary, be
passed as an emergency ordinance. (Ref. Ord. 592)
2. For the purpose of providing necessary moneys to meet authorized expenditures, the
Council may issue certificates of indebtedness in any year prior to the receipt of taxes
.. - . .o
belonging to the fund for the benefit of which the borrowing is authorized. (Ref. Ord. 592)
SECTION XII: THAT SECTION 7.18. BONDS OUTSIDE THE DEBT LIMIT BE
HEREBY REPEALED IN ITS ENTIRETY AS FOLLOWS:
Section 7.18. BONDS OUTSIDE THE DEBT LIMIT.
Without limit as to amount, the Council may issue bonds for legal purposes outside of the debt
limit: (a) for the creation and maintenance of a permanent improvement revelving fund, (b) for
either, or other revenue producing public utilities of whatever nature, owned and operated by the
City, or of acquiring property needed in connection therewith, (c)for-public improvements payable
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Ordinance No. Page 9
SECTION XIII: THT SECTION 7.14. EMERGENCY DEBT CERTFICATES BE
HEREBY CREATED AS FOLLOWS:
Section 7.14. EMERGENCY DEBT CERTIFICATES
If in any year, the receipts from taxes or other sources should from some unforeseen cause
become insufficient for the ordinary expenses of the City, as provided for in the budget, or if any
calamity or other public emergency should subject the City to the necessity of making
extraordinary expenditures, then the Council may by resolution, issue and sell certificates. A tax
sufficient to pay principal and interest on such certificates with the margin required by law shall
be levied as required by law. The authorization of an issue of such emergency debt certificates
shall take the form of a resolution approved by at least four(4) of the members of the council. It
may be passed as an emergency resolution and would be exempt from voter approval.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 20 .
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 18, 2017
First Reading:
Second Reading:
Publication Date:
107
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 18, 2017
TO: Walter Wysopal, City Manager PW17-076
FROM: James Kosluchar, Public Works Director
Brandon Brodhag, Civil Engineer
DATE: December 14, 2017
SUBJECT: Receiving Feasibility Report and Calling for a Public Hearing for West
Moore Lake Drive Trail and Street Resurfacing Project No. 2017-21
On August 22, 2016, the City Council approved Resolution 2016-41 directing preparation of a
feasibility report for West Moore Lake Drive Trail and Resurfacing Project No. ST2017-21. The
project is proposed in the Lakeview neighborhood.
On November 1,2016,property owners and Council Members were invited to attend an open house
to discuss the project.Sixty(60)properties received notice of the open house via U.S.Mail.There
are 34 properties in the Lakeview neighborhood that would be subject to assessment under the
proposed project. Staff gave a presentation to eighteen(18)attendees including Councilmember
Varichak and Councilmember Bolkcom. The presentation provided a project summary, project
budget,and estimated assessments. Following the staff presentation,the meeting was opened to
group questions and comments.Several property owners stayed after the meeting to ask individual
questions regarding the project.The attendance sheet from the meeting is attached.Concerns were
raised from the residents about the project that included traffic speed,safety and maintenance.Staff
told the residents that the issues would be looked into and would respond accordingly.
Staff analyzed the concerns from the residents and came up with some different options for the
project to present to the neighborhood. Staff decided to have another open project meeting on
February 7th,2017 and invited the 60 properties from the project area to go over their concerns and
present the different options.Seventeen(17)attendees signed in at the project meeting including
Councilmember Varichak,Councilmember Saetike and Councilmember Barnette,as well as Dennis
Craft from ISD 14.The meeting emphasized the different options that were being explored for the
planned bicycle/pedestrian improvements,focused on reducing speed of vehicles(traffic calming)
and providing additional safety to the project.A FAQ packet was provided with a list of questions
that have been brought to our attention since the first meeting.The residents didn't prefer any of the
options presented and still had their concerns about the project.
On August 22,2017 Public Works staff installed a demonstration of the project on West Moore Lake
Drive in between 58th Avenue and Marigold Terrace. In this way, residents in the area had the
opportunity to see how the corridor would change with implementation of the preferred traffic
calming option.Engineering staff directed the demonstration set up for two days and then met with
the neighborhood to discuss the project on August 24, 2017. Residents along the corridor were
invited via U.S mail. Staff met with the residents on site and presented the different parts of the
demonstration and then answered questions from the residents about the project.Residents felt that
108
the trail may be better suited on the west side of the street and felt that the lanes weren't wide
enough for their satisfaction with the traffic calming elements. After the meeting and due to a
number of comments provided, staff reviewed the west side of the street for the trail and decided
that the west side was a better option for this corridor because of safety factors including fewer
crossings,fewer parking,driveway, and delivery conflicts, and better sight-line issues.
After the City Council resolution, staff resumed final preparation of the feasibility report. The
attached feasibility report includes consideration for public comment and concern received
through open house discussion, property survey,and telephone conversations.
Please refer to the completed feasibility report,which concludes:
1. The project is necessary as included in the City of Fridley's proposed Long-Term Street
Maintenance Program,and 2018-22 Capital Investment Program.
2. The project is cost-effective,and will result in reduced maintenance requirements within
the project area and a long-term savings to the City of Fridley.
3. The project is feasible and is funded in the proposed FY2018 budget.
Staff recommends the City Council move to approve the attached resolution receiving the
Feasibility Report for West Moore Lake Drive Trail and Street Resurface Project No.
ST2017-21 and calling for a public hearing on the proposed improvements on January 22,
2018.
If the City Council approves the attached resolution at this meeting, public hearing notices will be
received by property owners abutting the project area and the public hearing will be advertised in
the official newspaper.
BJB/bjb
Attachments
109
RESOLUTION NO. 2016-
A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT FOR WEST MOORE LAKE DRIVE TRAIL AND STREET
RESURFACING PROJECT NO. 2017-21
WHEREAS, pursuant to Resolution 2016-041 of the City Council of the City of Fridley adopted
August 22, 2016, a report has been prepared by the City of Fridley Public Works Department with
reference to the improvements listed in`Exhibit A',attached,and this report was officially received by
the City Council on December 18,2017,and
WHEREAS,the report provides information regarding whether the proposed project is necessary,cost-
effective,and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY,MINNESOTA:
1. The council will consider the improvement of such street in accordance with the report
and the assessment of abutting property for all or a portion of the cost of the improvement
pursuant to Minnesota Statutes,Chapter 429 at an estimated total cost of the
improvement of$630,000.
2. A public hearing shall be held on such proposed improvement on the 22nd day of January
2018,in the Council Chambers of the Fridley City Hall at 7:00 p.m.and the clerk shall
give mailed and published notice of such hearing and improvement as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18th
DAY OF DECEMBER,2017.
SCOTT J.LUND-MAYOR
ATTEST:
DEBRA A. SKOGEN-CITY CLERK
110
EXHIBIT A
WEST MOORE LAKE DRIVE TRAIL AND STREET RESURFACING
PROJECT NO.2017-21
PROPOSED IMPROVEMENTS
Street and utility improvements, including milling, bituminous asphalt overlay, pavement
reclamation,trail and bicycle lane construction,drainage,water main,and utility repairs including
the street segments as follows:
WEST MOORE LAKE DRIVE from MEDTRONIC PARKWAY(57Th AVE)to TRUNK HIGHWAY 65
111
CITY OF FRIDLEY, MINNESOTA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
f MEW
Fridley
FEASIBILITY REPORT
FOR
WEST MOORE LAKE DRIVE TRAIL AND STREET
RESURFACING PROJECT
NO. ST2017-21
December 2017
I hereby certify that this plan, specifications, or report was prepared by me or under my
direct supervision and that I am a duly licensed Professional Engineer with the laws of
the State of Minnesota.
J .,
Date: December 18, 2017
James P. Kosluchar, P.E.
Registration No. 26460
1
112
TABLE OF CONTENTS
Description pane No.
INTRODUCTION 3
STREET RESURFACING PLAN 4
BACKGROUND 5
PROPOSED IMPROVEMENTS 6
Overview 7
Pavement Resurfacing 7
Water Main Improvements 7
Sanitary Sewer and Storm Sewer Repairs 7
Stormwater Quality Improvements 8
ESTIMATED COSTS 8
FUNDING SOURCES 8
Street Rehabilitation Funding 9
Sanitary Sewer and Storm Sewer Repairs 9
SUMMARY 9
APPENDICES 10
FIGURE A PROJECT AREA MAP 11
FIGURE B OPINION OF PROBABLE COST 12
FIGURE C FUNDING SOURCES 14
FIGURE D PROJECT SCHEDULE 15
FIGURE E TYPICAL SECTIONS 16
2
113
INTRODUCTION
The City of Fridley has an ongoing obligation to maintain its streets in an efficient
manner, to provide a high level of service while maintaining a minimum budget. To
enable the City to identify improvements that will provide for an efficient level of service
and life-cycle cost, staff inspects and rates its pavements on a regular basis. The City
also has developed a pavement improvement plan based on resurfacing pavement and
base treatment with intermittent sealcoating. The goal is to provide maintenance
improvements at scheduled intervals. For example:
Activity Schedule
Initial Construction Year 0
Sealcoating Year 8
Sealcoating Year 16
Resurfacing Year 24
Sealcoating Year 32
Sealcoating Year 40
Reconstruction Year 48
This is an ideal and aggressive sequence for street maintenance. Note that the final
reconstruction may be substituted with resurfacing activities if roadway base is in good
condition, with the intent to extend road life for an additional cycle of 24 years.
Due to the variability with budgets, road configurations, traffic patterns, condition of
utilities, source of funds, other projects, etc.,the basic schedule above varies and
fluctuates for each roadway segment.
As part of identifying the best candidate for this year's pavement resurfacing project,
City of Fridley Engineering Division staff works with Street Maintenance Division staff to
develop the list of candidate projects. The factors considered are physical
characteristics, budgetary factors, and other considerations are listed to assist in
selection of a best candidate.
The Engineering Division monitors existing pavements through semi-annual
inspections. From this inspection information, the Engineering Division prepares a
Street Resurfacing Plan consistent with the Street Capital Improvement Plan, which
designates candidate street segments for construction, reconstruction, and
rehabilitation. The City of Fridley also performs preventative surface maintenance (e.g.
sealcoating), routine crack sealing and pothole patching maintenance.The amount of
street maintenance on this segment is increasing annually due to the rapid deterioration
of the existing pavements.
The Engineering Division has prepared a Street Resurfacing Plan consistent with the
Long-Term Street Maintenance Program, which designates candidate street segments
for construction, reconstruction, and rehabilitation. The Plan identifies the areas within
the city and the anticipated year for maintenance projects. Please refer to the following
map summarizing the Long-Term Street Maintenance Program.
3
114
STREET RESURFACING PLAN
City of
Fridley
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Street Resurfacing Plan
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115
BACKGROUND
The area under consideration for street and utility rehabilitation is in the Lakeview
neighborhood. This area is predominantly residential. The area also includes the
Fridley High School, and City of Fridley's Sand Dunes Park. The neighborhood is
generally bordered by Medtronic Parkway NE to the south, 61st Avenue NE to the north,
Moore Lake/Highway 65 to the east and access roads into other parts of the Lakeview
neighborhood to the west.
Street segments selected for rehabilitation include:
Street and utility improvements, including milling, bituminous asphalt overlay, pavement
reclamation, drainage,water main, and utility repairs including the street segments as
follows:
West Moore Lake Drive NE Medtronic Parkway NE to 59th Avenue NE
West Moore Lake Drive NE 59th Avenue NE to 61st Avenue NE
See Figure A in the Appendix for a map of proposed street construction.
The street segments were constructed in 1970. The streets last received a sealcoat in
2005. Currently, the streets provide 2-way traffic with shoulder striping. It is estimated
that the average daily traffic is around 1400 vehicles per day based on traffic count data
taken in recent years. The record pavement thickness ranges from 3.0 inches to 6.0
inches. The underlying aggregate base thickness ranges from 6"to 12" of Class 5
base. The street width for the section from Medtronic Parkway to 59th Avenue is 38 feet
and the section from 59th Avenue to 61st Ave has a width of 42 feet wide.
5
116
PROPOSED IMPROVEMENTS
Overview
The street rehabilitation project compliments and combines improvements including an
off-street shared use trail and roadway resurfacing on West Moore Lake Drive from
Medtronic Parkway to 61°Avenue, and on-road bike lanes on West Moore Lake Drive
from 61°t Avenue to Trunk Highway 65. The trail and bike lane project was developed
consistent with the City's Active Transportation Plan, and was identified as a priority
project in 2014.
The trail and bike lane project was submitted for eligible FHWA funding for the trail and
bicycle lane improvements in 2015, and received $486,362 in federal funding through
the regional project solicitation. As the roadway pavement will be impacted by
construction, pavement rehabilitation that was originally planned for 2022 on this
segment would be advanced to 2018.
The pavement rehabilitation and trail and bike lane improvements are combined into a
single project. Street rehabilitation is funded through the typical combination of funding
sources, including Minnesota State Aid System (MSAS)funding and special
assessments. Combining the projects allows for a reduction in construction impacts
and reduced project costs. Due to the proposed reduction in width of the street and the
combined work, special assessments for the street rehabilitation will be reduced by
approximately 27%.
The project will also be coordinated with parking and access improvements at the
Fridley High School planned for 2018.
Staff has held multiple open houses and onsite meetings with the neighborhood where
the proposed project is going to take place to discuss the resurfacing project and trail
and bike lane project.The residents provided their concerns with the project,which are
almost entirely related to the trail and bike lane work. Traffic speed through the
neighborhood was also identified as a major concern. Staff evaluated traffic and
developed various traffic calming options, and presented these to the neighborhood at
meetings and in the field, but the residents didn't prefer changes required to implement
any of those options.
Staff originally planned on having the multi-use shared trail on the east side of West
Moore Lake Drive. This alignment was slightly preferred on balance due to reduced
utility conflicts. After hearing concerns from the neighborhood, including those regarding
parking, bus stops and deliveries, visibility, and grading staff felt that moving the
planned trail to the west side of West Moore Lake Drive was a better option on balance.
The length of all segments included in this residential project area is approximately 0.56
miles. The work will include pavement rehabilitation, a multi-use shared trail, bike
lanes, and utility improvements.
In August, 2016, a resolution was adopted by City Council to initiate the West Moore
Lake Drive Trail and Resurfacing Project No. ST2017-21.
6
117
Geometric Revisions
The street south of 59th Avenue will be reduced in width, and parking eliminated on the
west side of the roadway. This is to accommodate the proposed off-street trail while
maintaining the overall paved width and avoid encroaching into residents yards.The
elimination of parking will also provide for better sight lines at the intersection of 58th
Avenue, as parked vehicles can currently obscure southbound vehicles travelling on
West Moore Lake Drive. The reduced road width is anticipated to have a slightly
beneficial effect on vehicle speeds through the corridor.
The street north of 59th Avenue will remain in its current width, to accommodate regular
and special event school overflow parking.
The intersection of Marigold Terrace will be reconfigured for better visibility and
reduction of pavement. The design will tighten the intersection considerably, which will
reduce speeds of vehicles entering or exiting Marigold Terrace.
Pavement Resurfacing
Rehabilitation of the streets will include asphalt redaiming, asphalt paving, concrete
curb repairs, and miscellaneous utility repairs. Damaged or settled concrete curbs will
be replaced.
Construction records indicate that some streets were found to have an adequate
combination of aggregate base and asphalt and others found to have insufficient
aggregate base and/or asphalt. Soils in the area are generally granular and provide for
a stable sub-base. Geotechnical soil exploration is being performed to verify existing
conditions and identify any soil correction needed. Staff recommends standard
residential pavement and base rehabilitation consisting of full depth reclamation and
topped with 3"of asphalt pavement. See Figure E in the Appendix for details of existing
and proposed typical sections.
Water Main Improvements
Existing valves within the project area will either be replaced, or repaired, and fire
hydrants will be replaced with the project. The Engineering staff will consider allowing
various material and installation options to minimize costs and disruption.
Sanitary Sewer and Storm Sewer Repairs
Sanitary sewer repairs will not be a part of the West Moore Lake Drive Trail and
Resurface project. No defects were identified with the sanitary sewer system in this
project area. Castings on the sanitary sewer manholes will be either replaced or reset
as a part of the paving.
Staff will provide inspection service on residential laterals to identify severe root
intrusion at the main connection. Property owners will be notified and may coordinate
with the Sewer Division to complete a video inspection of the service line. Excavations
to repair and clean service laterals with severe root intrusions are born by the property
owner, per City Code.
7
118
Storm sewer repairs will include manhole and inlet adjustments and repairs. Catch
basin structures are generally in good condition, but structures in the project area have
been identified as requiring repair, and this work will be included in the project.
There are multiple sump pumps in the vicinity of Marigold Terrace that were identified
during open house meetings. As part of this project, a stormwater interceptor pipe is
planned to be installed to eliminate standing water on roadways in this vicinity.
Staff also plans to incorporate into the plan, if feasible, provisions for a stormwater
sump system near 59th Avenue to allow an easier method of temporary pumping of
Moore Lake during a high-water emergency. This was done in 2011 after the lake
reached record levels, and to avoid flooding of homes adjacent to the lake.
Stormwater Quality Improvements
The project area is not being considered for major stormwater quality improvements as
a part of this project. Residents in the area have been informed of the City's
Raingarden program. We will continue to work with residents, and install raingardens
where appropriate and beneficial. Cooperative stormwater treatment is being discussed
with the school in conjunction with their parking and access project.
Private Utility Work
The project scope has been provided to private utilities to allow them to upgrade their
facilities during the project. At this time, CenterPoint Energy has not identified a need to
upgrade or repair their facilities. Other private utilities have not provided information on
their need to upgrade or repair their facilities.
ESTIMATED COSTS
The total project cost is estimated to be $630,000. These estimates include 5%
contingency and overhead costs relating to technical services, printing, publishing,
permit fees, etc. All costs are preliminary, but are expected to stay within the budgeted
amount in the 2018 Capital Investment Plan. Estimated costs of the project can be
found on Figure B of the Appendix.
FUNDING SOURCES
Costs for this project will be paid using Federal funding for trail and bike lane elements,
and Minnesota State Aid System funding, , and special assessments for the street
rehabilitation. Utility enterprise funds will fund their respective elements. Only the street
rehabilitation work is subject to special assessment; trail and utility work are not
proposed to be subject to special assessment. A preliminary project budget can be
found in Figure C of the Appendix.
8
119
Street Rehabilitation Funding
The estimated cost of$534,000 for the City's pavement rehabilitation, trail and bike lane
work will be funded using monies from special assessments (for street rehabilitation
only), Federal Aid and the City's Minnesota State Aid System account. The City will
assess residential properties adjacent to street rehabilitation in accordance with its
major street maintenance policy for local streets. These assessments will provide
approximately$115,000 based on the proposed project scope. The following
assessments are based on past history as applied by Council policies for Low Density
Residential (single family, duplex). Using these past methods of calculating
assessments, and considering our preliminary project budget, staff has estimated
assessment of approximately$2,070 per unit for Low Density Residential properties.
Due to the combination with the trail improvements, these assessments are reduced by
an estimated $750.
An additional $44,500 special assessment is projected to ISD14 property for the
roadway rehabilitation work. No special assessment is proposed for the City's Dunes
Park property.
The remaining balance of approximately$419,000 for local street resurfacing will be
reimbursed from Federal Aid and the City's Minnesota State Aid System account.
Water Main Improvements
The estimated cost of$55,000 for upgrading the water main distribution system will be
funded using monies from the Water Utility Fund. In 2018, $150,000 in funding is
identified with in the CIP as available capital expenditure for this project.
Sanitary Sewer and Storm Sewer Repairs
Utility funding will be applied to repairs to the Sanitary Sewer and Storm Sewer
collection systems. General repairs and upgrades are expected to be $12,000 and
$30,000 respectively.
SUMMARY
The work proposed for ST2017-21 West Moore Lake Drive Trail and Street Resurfacing
project is consistent with the City of Fridley's Long-Term Street Maintenance Program,
2018-2022 Capital Investment Program, and can be fully funded by its 2018 Budget.
The project is cost effective, necessary, and feasible from an engineering standpoint as
described in this report. The Engineering Department recommends that the City Council
approve this project as presented.
9
120
APPENDICES
9
121
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c1
W.MOORS LAKE DR
> Trail and Resurfacing
Project No. ST2017-21
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5'3TH AVEOn-Street Trail
r��j ::::
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vj�j ( LDR)
40,,
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1
Figure B - Engineer's Opinion of Probable Cost
ST2017-21 WEST MOORE LAKE DRIVE TRAIL AND STREET RESURFACE PROJECT 12114/2017
BM
MnDO
I NO.T I DED
DESCRIPTION I UNIT I COST 'EST.QTY TOTALI E COST
T
Scdtedule A-Streets/Trail
2021.501 Mobgbadan LS $ 52,000.00 0.8 $ 41.600.00
2101.502 Remove Tree EA $ 450.00 3 $ 1,30.00
2101.507 Grub Tree EA $ 450.00 3 $ 1,350.00
2102.502 Pavement Martino Removal LF $ 0.57 7074 $ 4.032.18
2104.501 Remove Concrete Curb&Gutter LF $ 3.70 2160 5 7,992.00
2104.501 Remove Concrete Valley Gutter LF $ 8.00 290 $ 2,320.00
2104.501 Remove Sewer Pipe(Sloan) LF $ 20.00 270 $ 2,320.00
2104.505 Remove Bituminous Driveway SY $ 6.00 159 $ 954.00
2104.505 Remove Concrete Driveway ST , $ 14.00 38 $ 532.00
2104.505 Remove Concrete Pavement SY S 20.00 80 $ 1,200.00
2104.505 Remove Bituminous Pavement SY $ 40.00 4 , $ 160.00
2104.509 Remove Gate Valve&Box EA $ 205.00 1 $ 205.00
2104.509 Remove Dramas aructure EA 5 350.00 8 $ 2.800.00
2104.511 Sawcut Concrete Pavement (Fug Death) LF S 4.00 18 5 6260
2104.513 Sawcut Bituminous Pavement (Full Depth) LF $ 2.00 259 $ 518.00
2104.523 Seivaae Sinn Type C EA 5 25.50 12 S 306,00
2105.501 Common Excavation-Haul Excess Reclaim Off Site (P) CY $ 15.00 775 $ 11.825.00
2105.507 Subprade Excavation (EV) CY $ 10.00 444 $ 4,440.00
2112.501 Aggregate Base Preparation (P) STA 5 300.00 12 $ 3,600.00
2215.501 Anpnepate Base.Class 7 Fug Depth Recycled Production (P) SY $ 1.30 7970 $ 10,361.00
2211.503 Aooreaele Base(CV)Close 5 CY $ 32.00 115 $ 3,680.00
2232.501 Mil?Bituminous Surface-Fug Width SY $ 1.00 5992 $ 5,902.00
2231.502 4"Bituminous Patch w/8"Class 5 Marmots , SY 3 30.60 40 $ 1,224.00
2331.803 Bituminous
Joint Saw&Seal
LF S 5.00 2718 ; 13,590.00
2357.502 Bituminous Material for Tack Coat GAL S 4.00 719S 2,876.00
8:12.52360.501 12.5 2" Wear Course SPWEB34OR TN $ 70.00 1350 ' $ 94,500.00
2360.501 Type SP9.5 Wearing Course Mbdure(2.8) TN $ 84.86 275 $ 23278.75
2360.502 SP12.5 1.5"Non Weer Course SPNW0330B TN ,$ 70.00 450 $ 31.500.00
2503.511 12"CS Pipe Sewer EA $ 65.00 10 S 650.00
2503.511 ir CS Pbe Sewer LF $ 100.00 20 $ 2,000.00
2503.541 12"RC Poe Sewn Des 3006 SY $ 35.00 81 , 5 2835.00
2504.602 Rebuild 6"Gate Valve EA ,$ 2500.00 8 $ 20,000.00
2504.602 10'Gate Valve&Box EA $ 2870.00 1 $ 2870.00
2505.602 Must Gas Valve Box EA $ 500.00 4 $ 2000.00
2506.522 Ad ust Frame&Ring Casdmg _ EA $ 370.00 20 $ 7,400.00
2506.602 Install Catch Basin EA $ 1,300.00 7 $ 9,100.00
2506.602 Connect Into Exietlmg Drainage Structure EA _$ 1,000.00 4 5 4,000.00
2521.501 6'Concrete Wags SF , $ 8.00 5850 $ 35,100.00
2531.501 Concrete Curb&Gutter Design 6618 LF $ 21.00 2704 $ 56,784.00
2531.507 6"Concrete Driveway Pavement ST $ 50.00 38 $ 1,900.00
2531.603 Concrete Valley Gutter 36"Wide . LF I 30.00 290 $ 8,700.00
2531.618 Truncated Domes SF $ 46.00 84 $ 3,864.00
2545,602 Adult Handhole EA $ 357.00 1 $ 357.00
2563,601 Traffic Control ,, LS $ 20.000.00 0.9 S 18.000.00
2564.531 Sinn Panels Type C SF $ 35.70 9 $ 321.30
2564.537 Instal Sian Type C EA $ 117.30 18 $ 2,111.40
2573.530 Storm Drain kid Protection EA $ 175.00 11 $ 1,925.00
2574.508 Fatizer (Type 3X300 LB/AC) LB $ 2.00 80 $ 160.00
2574.525 4'Select Topsoil Borrow (CV) CY $ 45.00 142 $ 6,390.00
2575.501 Seeding AC $ 6,000.00 0.28 $ 1,680.00
2575.502 Seed (25-151X120 LB/AC) , LB $ 4.00' 33 S 132.00
2575.562 Hyrdwric Soil Stablixsr (2100 LB/AC) LB S 3.00 557 $ 1,671.00
2582.501 24"Stop Line White:Epoxy SF $ 30.00 82 5 2.480.00
2583.602 4"Solid Single Line White:Epoxy LF S 0.46 10904 $ 5,015.84
2582.502 4"Broken Line Yellow:Epoxy , LF S 3.50 594 $ 2.079.00
2582.502 4"Said Double Line Yellow:Epoxy IF $ 3,50 3564 S 12.474.00
2582.503 Crosswalk:Eaoxy , SF 5 4.40 270 5 1.188.00
2584.501 Pavement Message White:Epoxy _ SF , $ 25.00 221 S 5.525.00
SPEC Reoair/Replace Pet Ferxino and Initiation Svetem LS $ 3.000.00 1 S 3.000,00
SPEC 3"Bituminous Driveway WI 6"CL 5 Aggregate SY , $ 40.00 159 S 8.360.00
SPEC Ivisc Items LS _5 6000.00 0.9 $ 5,400.00
Subtotal $ 607,81127
6%Eng/Adm $ 26,382.06
Schedule A-Streets Total $ 533,233.53
123
Figure B - Engineer's Opinion of Probable Cost
ST2017-21 WEST MOORE LAKE DRIVE TRAIL AND STREET RESURFACE PROJECT 12/14/2017
n.a3
UNIT EST.TOTAL.' EXTEMED
MNO T I DESCRIPTION I UNIT I COST I QTY I COST
Ichedule B B.Sanitary Sewer
2021.501Mobii�On LS $ 5.000.00 1 $ 5.000.00
2508.521 (Furnish and Install Casting]Mil) EA $ 800.00 7 I$ 5.800.00 I
Subtotal $ 10,800.00
8%Contingency And 6%EnglAdm $ 630.00
Schedule B-Sanitary Sewer Total $ 11,130.00
Schedule C-Storm Sewer
2021.501 Moban LS $ 52,000.00 0.1 $ 5.200.00
2104.509 Remove Castle EA $ 150.00 13 $ 1,950.00
2508.521 Furnish and install Castkw(MH) EA $ 800.00 2 $ 1,800.00
2506.521 Furnish and irstai Castkg(CB) EA $ 850.00 11 $ 9,350.00
2506.803 Reconstruct MH Rings(extra depth) LF $ 260.00 2 $ 520.00
Subtotal $ 18,020.00
6%Eng/Adm $ 931.00
Schedule C-Storm Sewer Total $ 19,561.00
Schedule D-Water Main
2021.501 Mobil stlon LS $ 52.000.00 0.1 , $ 5.200.00
2104.501 Remove Curb&Gutter LF $ 3.70 80 $ 296.00
2104.505 Remove Bituminous Driveway SY $ 8.00 200 $ 1200.00
2104.509 Remove Existing Hydrent&Gate Valve EA $ 1,000.00 4 $ 4,000.00
2104.513 Saw Bituminous - LF S 2.00 200- $ 400.00
2105.801 Dewatering LS $ 3.500.00 1 $ 3,500.00
2231.502 4'Bituminous Patch w/8'Class 5 Aggregate SY30.00 22 $ 873.20
2504.802 F31 Hydrard war GV Assbiy EA 8 8.500.00 4 $ 26,000.00
2531.501 F b 18818 Curb&Gutter LF 21.00 80 $ 1,880.00
2531.507 F&16'Concrete 1#wv vil4'Sand Base SY , $ 50.00 100 $ 5.000.00
2531.803 Concrete Valley Gutter 3r Wide LF $ 30.00' 50 $ 1,500.00
2563.801 ,Traffic Control LS $ 20.000.00 0.1 $ 2.000.00
2574.508 Ferttmsr (Type 31(300 LB/AC) LB $ 2.00 0.75 $ 1.50
2574.525 4'Select Topsoil Borrow(CV) CY $ 45,00 3 $ 135.00
2575.501 Seeding AC, $ 6,000.00 0.01 S 80.00
2575.502 Seed (25-151X120 LB/AC) LB $ 6.15 1 $ 8.15
2575.582 Hyrdaulic Soil Stabiixer (2100 LB/AC) LB $ 3.00 12 $ 38.00
SPEC Misc Items LS $ 8,000.00 0.1 800.00
Subtotal $ 52,267.66
6%Eng/Adm $ 2,614.39
Schedule D-Water Mahn Total $ 54,1102.24
Grand Total(A+B+C+D) $ 615,816.58
124
Figure C - Funding Sources
ST2017-21 West Moore Lake Drive Trail and Street
Resurface Project BJB
Estimated 2018 Budgeted
No. Description Amount Amount
1 Special Assessments* $114,796.00 $80,000.00
2 Water Fund $55,000.00 $150,000.00
3 Sanitary Sewer Fund $12,000.00 $20,000.00
4 Storm Water Fund'** $30,000.00 $30,000.00
5 MSA/Federal Funding $418,204.00 $520,000.00
Grand Total $630,000.00 $800,000.00
Special Assessment Breakdown
Assessments
LDR Single Family 32 x $ 2,068.00 = $86,176.00
Non-LDR Commercial 1430 x $ 34.00 = $48,620.00
LDR Total $114,796.00
Assessment Grand Total $114,796.00
*Note that Special Assessments amounts are a calculated need for Estimated Amount,
based on the project estimate, and the Budgeted Amount is calculated based on the project
scope and property information.
***Excludes possible outside funding for area water quality treatment.
125
Figure D - Project Schedule
ST2017-21 West Moore Lake Drive Trail and Street Resurface
Project
BJB
The tentative schedule for this project is as follows:
PRELIMINARY ACTIVITIES
Project Open House: November 1, 2016
Preliminary Assessment Hearing: January 22, 2018
DESIGN AND SUBMITTALS
Agency Submittals Complete: March 2018
Design Completed: March 2018
LETTING,AWARD,AND CONSTRUCTION
Resolution Advertising for Bids: April 2018
First Advertisement for Bids: April 2018
Bid Letting: May 2018
Contract Award: May 2018
Begin Construction (earliest): June 2018
Complete Construction (deadline): August 2018
FINAL ACTIVITIES
Final Assessment Hearing: October 2018
Certified Assessment Roll Complete: November 2018
Note: subsequent activities may be influenced by changes in schedule of previous activities
126
,
FIGURE E TYPICAL SECTIONS
R/W R/W
60'
30'
CLEAR
ZONE
8' 800' I 10.0D' 12.00' 1 r 1 T 800' 8.00' _
THRU PARKING LANE RU LANE THRU LANE SHARED USE
PATH
EX C&G •
NEW C&G REMOVE EXIST.
(WEST) (EAST) C&G
PROPOSED SECTION (NTS) EXISTING SECTION (NTS)
2" SPWEA34OR WEAR COURSE ������ � 4" BITUMINOUS
1 1/2" SPNWB330B NON WEAR COURSE .V.
6" AGGREGATE BASE (RECLAIM) � � 6"-12" CL V. AGGREGATE VIEW TO NORTH
SUBGRADE
PROPOSED
WEST MOORE LAKE DRIVE
(MEDTRONIC PKWY TO 59TH AVE)
R/W R/W
.� 60'
44 _
CLEAR
ZONE
8' _ 8' _ 3;1,
13.5' 1 ' I r 8.00'
NG/
PARKING/ I THRU LANE THRU LANE PARKgING/ SHARED USE
SHOULDER _ SHOULDER PATH
EX C&G • EX C&G
(WEST) (EAST)
PROPOSED 2" _
EXISTING SECTION (NTS)
MILL & OVERLAY �`
6" BITUMINOUS
*0:0.10; 10" CL V. AGGREGATE VIEW TO NORTH
SUBGRADE
PROPOSED
WEST MOORE LAKE DRIVE
(59TH AVE TO 61ST AVE)
R/W R/W
80'-88'
44.
D-3' 0-3'
VARIES VARIES
5' 800 I sax? I I 8.00' 5'
BIKE PARKING LANE LANE THRU LANE THRU LANE BIKE LANE
NORTH BOUND SOUTH BOUND
EX C&G EX Cc
EX.CONC. WALK
dG
(NORTH) EXISTING SECTION (NTS) (SOUTH)
2.5"-3" BITUMINOUS
0"-8" CL V. AGGREGATE
SUBGRADE VIEW TO EAST
PROPOSED
WEST MOORE LAKE DRIVE
(61ST AVE TO HWY 65)
127
111111 AGENDA ITEM
` lCITY COUNCIL MEETING OF
Frid
DECEMBER 18, 2017
TO: Walter Wysopal, City Manager PW17-072
FROM: James Kosluchar, Public Works Director
Nic Schmidt, Civil Engineer
DATE: December 13, 2017
SUBJECT: Approve Agreement for Professional Services for Locke Park Filtration
Plant Improvement Project 17-509
On Tuesday, November 14th, the Engineering Division sent out a request for proposals
(RFP)to several engineering consultants for the Locke Park Filtration Plant Improvement
Project.The proposals were due Monday, December 4th and subsequently reviewed. Public
Works Utility and Engineering Staff were impressed with the response and level of quality
of the proposals.
The City of Fridley's Locke Park Filtration Plant is located on the University Avenue Service
Road, north of 69th Avenue NE and was originally constructed in 1969. The Plant was
upgraded in 1993 and included building modifications,the reconfiguration of process piping,
and electrical and control improvements.
Given the last major upgrades were made over two decades ago and due to ongoing
operational deficiencies, Staff developed a scope of improvements for the Locke Park
Filtration Plant which will include: New backwash reclaim basin, existing filter rehabilitation,
effluent pipe reconfiguration, plant modifications related to governing safety regulations,
waste discharge piping modifications, and exterior remediation.
As it relates to the RFP, engineering services will be required for three phases of the
project: Feasibility; Design and Permitting;and Construction Administration.The Feasibility
Phase will define major components of the project and help evaluate need and cost as it
relates to budgetary restraints. This phase will conclude with a final summary of
improvements and set scope for the project.The Design and Permitting Phase will include
development of final design documents, as determined by the previous phase, for
regulatory review and issuance for bidding. Upon award of the project,engineering services
will include Construction Administration through completion and closeout.
With the above in mind, Public Works Utility and Engineering Staff structured the proposal
process to include two separate submittals. Each consultant provided a Project Approach
Proposal and Compensation Proposal. This approach allowed the Review Team to
independently score the proposals based on the value of experience and uniqueness of
128
their project approach without knowing the cost of engineering services. The scoring was
weighted equally between the two proposals. The Review Team agreed the project
approach and associated costs for services were of equal importance for delivery of a
sound and cost effective public utility improvement. Costs for engineering services were
competitive amongst the consultants. Project approaches were similar; however, there
were two standout proposals providing added value by means of future considerations for
plant flexibility and ultimately a sense of low risk toward a successfully completed project.
The Review Team's scoring revealed a proposal from SEH with many strengths and
significant confidence the consultant would deliver a project providing an improved, high-
functioning filtration plant distributing safe drinking water to the public.
If approved, the schedule of engineering services would begin in December 2017 with the
Feasibility Phase and conclude February 2018. The Design and Permitting Phase would
follow and be complete by June 2018. Construction is preliminary scheduled from July 2018
with substantial completion by May 2019. In the event of any unforeseen circumstances,
Engineering Staff recommends and will pursue the flexibility within the service agreement to
terminate the contract at any point within any of the phases outlined above.
The project is funded under the Water Utility CIP. The source of revenue is Water Utility
Capital Improvement Bonds.
Staff recommends the City Council move to approve and enter into the attached
Agreement for Professional Services for Locke Park Filtration Plant Improvement
Project No. 17-509 with Short Elliot Hendrickson,Inc.in the amount,not to exceed of
$222,590.00. If the Council approves, staff will notify the consultant of the award and
execute the Agreement for Professional Services.
NS/ns
Attachment
129
Agreement for Professional Services
This Agreement is effective as of December 18, 2017, between City of Fridley(Client)and Short Elliott
Hendrickson Inc. (Consultant).
This Agreement authorizes and describes the scope,schedule, and payment conditions for Consultant's work on
the Project described as: Locke Park Filter Plant Improvement Project, City of Fridley Project 17-508/509.
Client's Authorized Representative: Nic Schmidt
Address: 6431 University Avenue NE
Fridley, MN 55432
Telephone: 763.572.3556 email: nic.schmidt@fridleymn.gov
Project Manager: Miles B. Jensen, PE
Address: 3535 Vadnais Center Drive
St. Paul, MN 55110
Telephone: 651.490.2020 email: mjensen@sehinc.com
Scope: The Basic Services to be provided by Consultant as set forth herein is provided subject to the attached
General Conditions of the Agreement for Professional Services(General Conditions Rev. 07.14.16),which is
incorporated by reference herein and subject to Exhibits attached to this Agreement.
Engineering and Construction Administration Services as set forth in the SEH proposal, dated December 4, 2017.
Resident Project Representative Services
A combination of full-time and part-time RPR services will be provided as set forth in the SEH proposal for
Engineering and Construction Administration Services, dated December 4,2017 and in accordance with attached
Exhibit B.
Schedule:As set forth in the SEH proposal for Engineering and Construction Administration Services, dated
December 4, 2017.
Payment:A retainer in the amount of$0 will be paid in advance of Consultant starting work and will be applied to
the final invoice(s).
For the proposed Feasibility Phase and Design &Permitting Phase services,the collective lump sum fee is
$100,252 excluding expenses and equipment. Reimbursement for expenses and equipment are invoiced as they
are incurred. The payment method, basis,frequency and other special conditions for lump sum and
reimbursement charges are set forth in attached Exhibit A-3.
For the proposed Construction Administration Phase services,the estimated fee is subject to a not-to-exceed
amount of$122,338 excluding expenses and equipment. Reimbursement for expenses and equipment are
invoiced as they are incurred. The payment method, basis,frequency and other special conditions for hourly rate
and reimbursement charges are set forth in attached Exhibit A-1.
This Agreement for Professional Services, attached General Conditions, Exhibits and any Attachments
(collectively referred to as the"Agreement") supersedes all prior contemporaneous oral or written agreements and
represents the entire understanding between Client and Consultant with respect to the services to be provided by
Consultant hereunder. In the event of a conflict between the documents, this document and the attached General
Short Elliott Hendrickson Inc. Letter Agreement-1 City of Fridley
(Rev.07.14.16)
130
Conditions shall take precedence over all other Exhibits unless noted below under"Other Terms and Conditions".
The Agreement for Professional Services and the General Conditions(including scope, schedule,fee and
signatures) shall take precedence over attached Exhibits.This Agreement may not be amended except by written
agreement signed by the authorized representatives of each party.
Other Terms and Conditions: Other or additional terms contrary to the General Conditions that apply solely to
this project as specifically agreed to by signature of the Parties and set forth herein: None.
Short Elliott Hendrickson Inc. City of Fridley
By: By:
Miles B. Jensen, PE Scott Lund
Title: Regional Practice Center Leader Title: Mayor
By:
Walter Wysopal
Title: City Manager
Short Elliott Hendrickson Inc. Letter Agreement-2 City of Fridley
(Rev.07.14.16)
131
General Conditions of the Agreement for Professional Services
SECTION I—SERVICES OF CONSULTANT SECTION II—CLIENT RESPONSIBILITIES
A. General A. General
1. Consultant agrees to perform professional services as set forth 1. The Client shall,in proper time and sequence and where
in the Agreement for Professional Services or Supplemental appropriate to the Project,at no expense to Consultant,provide
Letter Agreement("Basic Services").Nothing contained in this full information as to Client's requirements for the services
Agreement shall create a contractual relationship with or a cause provided by Consultant and access to all public and private lands
of action in favor of a third party against either the Client or the required for Consultant to perform its services.
Consultant.The Consultant's services under this Agreement are 2. The Consultant is not a municipal advisor and therefore Client
being performed solely for the Client's benefit,and no other party shall provide its own legal,accounting,financial and insurance
or entity shall have any claim against the Consultant because of counseling and other special services as may be required for the
this Agreement or the performance or nonperformance of Project.Client shall provide to Consultant all data(and
services hereunder. professional interpretations thereof)prepared by or services
B. Schedule performed by others pertinent to Consultant's services,including
1. Unless specific periods of time or dates for providing services but not Nmited to,previous reports;sub-surface explorations;
are specified,Consultant's obligation to render services laboratory tests and inspection of samples;environmental
hereunder will be for a period which may reasonably be required assessmentand impact statements,surveys,
restrictions;as
-
for
for the completion of said services. descriptions;zoning,deed and other land uve ,property
built drawings,electronic data base and maps.The costs
2. If Client has requested changes In the scope,extent,or associated with correcting,creating or recreating any data that is
character of the Project or the services to be provided by provided by the Client that contains inaccurate or unusable
Consultant,the time of performance and compensation for information shall be the responsibility of the Client.
Consultant's services shall be adjusted equitably.The Client 3. Client shafi provide prompt written notice to Consultant whenever
agrees that Consultant is not responsible for damages arising the Client observes or otherwise becomes aware of any changes
directly or indirectly from delays beyond Consultant's control.If in the Project or any defect in Consultant's services.Client shall
the delays resulting from such causes increase the cost or the promptly examine all studies,reports,sketches,opinions of
time required by Consultant to perform its services in accordance construction costs,specifications,drawings,proposals,change
with professional skill and care,then Consultant shall be entitled orders,supplemental agreements and other documents
to a equitable adjustment in schedule and compensation. presented by Consultant and render the necessary decisions
C. Additional Services and instructions so that Consultant may provide services in a
1. If Consultant determines that any services it has been directed or timely manner.
requested to perform are beyond the scope as set forth in the 4. Client shall require all utilities with facilities within the Client's
Agreement or that,due to changed conditions or changes in the Project site to locate and mark said utilities upon request,
method or manner of administration of the Project,Consultant's relocate and/or protect said utilities as determined necessary to
effort required to perform its services under this Agreement accommodate work of the Project,submit a schedule of the
exceeds the stated fee for Basic Services,then Consultant shall necessary relocation/protection activities to the Client for review
promptly notify the Client regarding the need for additional and comply with agreed upon schedule.Consultant shall not be
services.Upon notification and in the absence of a written liable for damages which arise out of Consultant's reasonable
objection,Consultant shall be entitled to additional compensation reliance on the information or services furnished by utilities to
for the additional services,and to an extension of time for Client or others hired by Client.
completion of additional services absent written objection by 5. Consultant shall be entitled to rely on the accuracy and
Client. completeness of information or services furnished by the Client
2. Additional services shall be billed in accord with agreed upon or others employed by the Client and shall not be liable far
rates,or if not addressed,then at Consultant's standard rates. damages arising from reasonable reliance on such materials.
D. Suspension and Termination Consultant shall promptly notify the Client if Consultant discovers
that any information or services furnished by the Client is in error
1. If Consultant's services are delayed or suspended in whole or in or is inadequate for its purpose.
part by Client,or if Consultant's services are delayed by actions
or inactions of others for more than 60 days through no fault of SECTION III—PAYMENTS
Consultant,then Consultant shall be entitled to either terminate A. Invoices
its agreement upon 7 days written notice or,at its option,accept
an equitable adjustment of rates and amounts of compensation 1. Undisputed portions of invoices are due and payable within 30
provided for elsewhere in this Agreement to reflect reasonable days.Client must notify Consultant in writing of any disputed
costs incurred by Consultant. items within 15 days from receipt of invoice.Amounts due
2. This Agreement may be terminated by either party upon seven Consultant will be increased at the rate of 1.0%per month(or
days written notice should the other party fail substantially to the maximum rate of interest permitted by law,if less)for
perform In accordance with its terms through no fault of the party invoices 30 days past due.Consultant reserves the right to retain
initiating the termination. Instruments of Service until all invoices are paid in full.
3. This Agreement may be terminated by either party upon thirty Consultant will not be liable for any claims of loss,delay,or
days'written notice without cause.All provisions of this damage by Client for reason of withholding services or
Agreement allocating responsibility or liability between the Client Instruments of Service until all invoices are paid full.
and Consultant shall survive the completion of the services Consultant shall be entitled to recover all reasonable costs and
hereunder and/or the termination of this Agreement. disbursements,including reasonable attomey's fees,incurred in
4. In the event of termination,Consultant shall be compensated for connection with collecting amounts owed by Client.
services performed prior to termination date,Including charges 2. Should taxes,fees or costs be imposed,they shall be in addition
for expenses and equipment costs then due and all termination to Consultant's agreed upon compensation.
expenses. 3. Notwithstanding anything to the contrary herein,Consultant may
pursue collection of past due invoices without the necessity of
any mediation proceedings.
General Conditions-1
(Rev.07.14.16)
132
•
SECTION IV—GENERAL CONSIDERATIONS with this Agreement.The Client agrees that as the Client's sole
A. Standards of Performance and exclusive remedy,any claim,demand or suit shall be
directed and/or asserted only against Consultant,and not
1. The standard of care for all professional engineering and related against any of Consultant's individual employees,officers or
services performed or furnished by Consultant under this directors,and Client knowingly waives all such claims against
Agreement will be the care and skill ordinarily exercised by Consultant individual employees,officers or directors.
members of Consultant's profession practicing under similar
circumstances at the same time and in the same locality. D. Assignment
Consultant makes no warranties,express or implied,under this 1. Neither party to this Agreement shall transfer,sublet or assign
Agreement or otherwise,in connection with its services. any rights under,or interests in,this Agreement or claims based
2. Consultant neither guarantees the performance of any on this Agreement without the prior written consent of the other
Contractor nor assumes responsibility for any Contractor's failure party.Any assignment in violation of this subsection shall be null
to furnish and perform the work in accordance with its and void.
construction contract or the construction documents prepared by
Consultant.Client acknowledges Consultant will not direct, SECTION V—DISPUTE RESOLUTION
supervise or control the work of construction contractors or their A. Mediation
subcontractors at the site or otherwise.Consultant shall have no 1. Any dispute between Client and Consultant arising out of or
authority over or responsibility for the contractor's acts orrelating to this Agreement or services provided under this
omissions,nor for its means,methods or procedures of Agreement, (except for unpaid invoices which are governed by
construction.Consultant's services do not include review or Section III),shall be submitted to nonbinding mediation as a
evaluation of the Client's,contractor's or subcontractor's safety precondition to litigation unless the parties mutually agree
measures,or job site safety or furnishing or performing any of otherwise.Mediation shall occur within 60 days of a written
the Contractor's work. demand for mediation unless Consultant and Client mutually
3. If requested in the scope of a Supplemental Letter Agreement, agree otherwise.
then Consultant may provide an Opinion of Probable
Construction Cost.Consultant's Opinions of Probable B. Litigation—Choice of Venue and Jurisdiction
Construction Cost provided for herein are to be made on the 1. Any dispute not settled through mediation shall be settled
basis of Consultant's experience and qualifications and through litigation in the state where the Project at issue is
represent Consultant's best judgment as a professional generally located.
familiar with the industry.However,since Consultant has no
control over the cost of labor,materials,equipment or service SECTION VI—INTELLECTUAL PROPERTY
furnished by others,or over the Contractor's methods of A. Proprietary Information
determining prices,or over competitive bidding or market P
conditions,Consultant cannot and does not guarantee that 1. All documents,including reports,drawings,calculations,
proposals,bids or actual construction cost will not vary from specifications,CADD materials,computers software or hardware
Opinions of Construction Cost prepared by Consultant.If Client or other work product prepared by Consultant pursuant to this
wishes greater assurance as to probable Construction Cost, Agreement are Consultant's Instruments of Service(Instruments
Client shall employ an independent cost estimator or negotiate of Service')and Consultant retains all ownership interests in
additional services and fees with Consultant. Instruments of Service,including all available copyrights.
2. Consultant shall retain all of its rights in its proprietary
B. Indemnity for Environmental Issues information including,without limitation,its methodologies and
1. Consultant is not a user,generator,handler,operator,arranger, methods of analysis,ideas,concepts,expressions,inventions,
storer,transporter or disposer of hazardous or toxic substances, know how,methods,techniques,skills,knowledge and
therefore the Client agrees to hold harmless,indemnify and experience possessed by Consultant prior to,or acquired by
defend Consultant and Consultant's officers,directors, Consultant during,the performance of this Agreement and the
subconsultant(s),employees and agents from and against any same shall not be deemed to be Work Product or Work for Hire
and all claims,losses,damages,liability and costs,including but and Consultant shall not be restricted in any way with respect
not limited to costs of defense,arising out of or in any way thereto.
connected with,the presence,discharge,release,or escape of B. Client Use of instruments of Service
hazardous or toxic substances,pollutants or contaminants of any
kind at the site. 1. Provided that Consultant has been paid in full for its services,
Client shall have the right in the form of a license to use
C. Limitations on Consultant's Liability Instruments of Service resulting from Consultant's efforts on the
1. The Client hereby agrees that to the fullest extent permitted by Project.Consultant shall retain fug rights to electronic data and
law,Consultant's total liability to the Client for any and all the drawings,specifications,induding those in electronic form,
injuries,claims,losses,expenses,or damages whatsoever prepared by Consultant and its subconsultants and the right to
arising out of or in any way related to the Project or this reuse component information contained in them in the normal
Agreement from any cause or causes including,but not limited course of Consultant's professional activities.Consultant shall be
to,Consultant's negligence,errors,omissions,strict liability, deemed to be the author of such Instruments of Service,
breach of contract or breach of warranty shall not exceed five electronic data or documents,and shall be given appropriate
hundred thousand dollars($500,000).In the event Client desires credit in any public display of such Instruments of Service.
limits of liability in excess of those provided in this paragraph, 2. Records requests or requests for additional copies of
Client shall advise Consultant in writing and agree that Instruments of Services outside of the scope of services are
Consultant's fee shall increase by 1%for each additional five available to Client subject to Consultant's current rate schedule.
hundred thousand dollars of liability limits,up to a maximum limit
of liability of five million dollars($5,000,000). C. Reuse of Documents
2. Neither Party shall be liable to the other for consequential 1. All Instruments of Service prepared by Consultant pursuant to
damages,induding,without limitation,lost rentals,increased this Agreement are not intended or represented to be suitable for
rental expenses,loss of use,loss of income,lost profit,financing, reuse by the Client or others on extensions of the Project or on
business and reputation and for loss of management or any other Project.Any reuse of the Instruments of Service
employee productivity,incurred by one another or their without written consent or adaptation by Consultant for the
subsidiaries or successors,regardless of whether such damages specific purpose intended will be at the Client's sole risk and
are foreseeable and are caused by breach of contract,willful without liability or legal exposure to Consultant;and the Client
misconduct,negligent act or omission,or other wrongful act of shall release Consultant from all claims arising from such use.
either of them. Client shah also defend,indemnify and hold harmless Consultant
3. It is intended by the parties to this Agreement that Consultant's from all claims,damages,losses and expenses including
services shall not subject Consultant's employees,officers or attorneys'fees arising out of or resulting from reuse of
directors to any personal legal exposure for the risks associated Consultant documents without written consent.
General Conditions-2
(Rev.07.14.16)
133
Exhibit A-1
to Agreement for Professional Services
Between City of Fridley,Minnesota (Client)
and
Short Elliott Hendrickson Inc.(Consultant)
Dated December 18,2017
Payments to Consultant for Services and Expenses
Using the Hourly Basis Option
The Agreement for Professional Services is amended and supplemented to include the following agreement of the
parties:
A. Hourly Basis Option
The Client and Consultant select the hourly basis for payment for Construction Administration Phase services
provided by Consultant. Consultant shall be compensated monthly. Monthly charges for services shall be
based on Consultant's current billing rates for applicable employees plus charges for expenses and
equipment.
Consultant will provide an estimate of the costs for services in this Agreement. It is agreed that after 90%of
the estimated compensation has been earned and if it appears that completion of the services cannot be
accomplished within the remaining 10% of the estimated compensation, Consultant will notify the Client and
confer with representatives of the Client to determine the basis for completing the work.
Compensation to Consultant based on the rates is conditioned on completion of the work within the effective
period of the rates. Should the time required to complete the work be extended beyond this period,the rates
shall be appropriately adjusted.
B. Expenses
The following items involve expenditures made by Consultant employees or professional consultants on
behalf of the Client.Their costs are not included in the hourly charges made for Construction Administration
Phase services and shall be paid for as described in this Agreement but instead are reimbursable expenses
required in addition to hourly charges for services:
1. Long distance services, dedicated data and communication services,teleconferences, Project Web sites,
and extranets.
2. Fees paid, in the name of the Client,for securing approval of authorities having jurisdiction over the
Project that is inclusive of review and permit fees.
3. Plots, Reports, plan and specification reproduction expenses.
4. Postage, handling and delivery.
5. Advertising/publication fees.
6. Material testing fees.
7. SCADA coordination and programming fees.
8. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client.
9. Renderings, models, mock-ups, professional photography, and presentation materials requested by the
Client.
10. All taxes levied on professional services and on reimbursable expenses.
11. Other special expenses required in connection with the Project.
12. The cost of special consultants or technical services as required.The cost of subconsultant services
shall include actual expenditure plus 10% markup for the cost of administration and insurance.
Note: As per the Project Request for Proposals, Mileage,travel costs, and travel time shall be considered
non-reimbursible for this project.
Short Elliott Hendrickson Inc. Exhibit A-1 -1 City of Fridley,Minnesota
(Rev.02.06.14)
134
The Client shall pay Consultant monthly for expenses.
C. Equipment Utilization
The utilization of specialized equipment, including automation equipment, is recognized as benefiting the
Client.The Client, therefore, agrees to pay the cost for the use of such specialized equipment on the project.
Consultant invoices to the Client will contain detailed information regarding the use of specialized equipment
on the project and charges will be based on the standard rates for the equipment published by Consultant.
The Client shall pay Consultant monthly for equipment utilization.
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Short Elliott Hendrickson Inc. Exhibit A-1 -2 City of Fridley, Minnesota
(Rev.02.06.14)
135
Exhibit A-3
to Agreement for Professional Services
Between City of Fridley, Minnesota(Client)
and
Short Elliott Hendrickson Inc.(Consultant)
Dated December 18,2017
Payments to Consultant for Services
Using the Lump Sum Plus Expenses Option
The Agreement for Professional Services is amended and supplemented to include the following agreement of
the parties:
A. Lump Sum Plus Expenses Option
The Client and Consultant may select Lump Sum Plus Expenses for payment for the collective Feasibility
Phase and Design and Permitting Phase services provided by Consultant. During the course of providing its
services, Consultant shall be paid monthly based on Consultant's estimate of the percentage of the work
completed. The Lump Sum amount includes compensation for Consultant's services and the services of
Consultant's Consultants, if any,for the agreed upon Scope of Work.Appropriate amounts have been
incorporated in the initial Lump Sum to account for labor, overhead, and profit,The Client agrees to pay for
other additional services, equipment, and expenses that may become necessary to complete Consultant's
services at their standard rates.
B. Expenses
The following items involve expenditures made by Consultant employees or professional consultants on
behalf of the Client and shall be paid for as described in the Agreement and this Exhibit.
1. Long distance services, dedicated data and communication services,teleconferences, Project Web sites,
and extranets.
2. Fees paid, in the name of the Client,for securing approval of authorities having jurisdiction over the
Project that is inclusive of review and permit fees.
3. Plots, Reports, plan and specification reproduction expenses.
4. Postage, handling and delivery.
5. Advertising/publication fees.
6. Material testing fees.
7. SCADA coordination and programming fees.
8. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client.
9. Renderings, models, mock-ups, professional photography, and presentation materials requested by the
Client.
10. All taxes levied on professional services and on reimbursable expenses.
11. Other special expenses required in connection with the Project.
12. The cost of special consultants or technical services as required.The cost of subconsultant services
shall include actual expenditure plus 10% markup for the cost of administration and insurance.
Note: As per the Project Request for Proposals, Mileage,travel costs,and travel time shall be considered
non-reimbursible for this project.
The Client shall pay Consultant monthly for expenses.
Short Elliott Hendrickson Inc. Exhibit A-3-1 City of Fridley,Minnesota
(Rev.10.21.10)
136
C. Equipment Utilization
The utilization of specialized equipment, including automation equipment, is recognized as benefiting the
Client. The Client, therefore, agrees to pay the reasonable cost for the use of such specialized equipment on
the project.
Consultant invoices will contain detailed information regarding the use of specialized equipment on the project
when it is to be reimbursed by the Client. Charges will be based on the standard rates for the equipment
published by Consultant.
The Client shall pay Consultant monthly for expenses.
c:\users\mjensen\documents\mbj\fridley'ocke park wtp\inprovements proposaAexhlbit a3-Is plus exp.docx
Short Elliott Hendrickson Inc. Exhibit A-3-2 City of Fridley, Minnesota
(Rev.10.21.10)
137
Exhibit B
to Agreement for Professional Services
Between City of Fridley, Minnesota(Client)
and
Short Elliott Hendrickson Inc.(Consultant)
Dated December 18,2017
A Listing of the Duties, Responsibilities and
Limitations of Authority of the Resident Project Representative
Through more extensive on site observations of the construction work in progress and field checks of materials
and equipment by the Resident Project Representative(RPR), Consultant shall endeavor to provide further
protection for Client against defects and deficiencies in the work of Contractor(Work); but,the furnishing of such
services will not make Consultant responsible for or give Consultant control over construction means, methods,
techniques, sequences or procedures or for safety precautions or programs, or responsibility for Contractor's
failure to perform the Work in accordance with the Contract Documents. Contract Documents are the documents
that govern or are pertinent to Contractor's Work including but not limited to the agreement between Client and
Contractor, the Contractor's bid,the bonds, specs, Drawings*, Field Orders*,Addenda*, clarifications,
interpretations, approved Shop Drawings*and reports collectively called the Contract Documents.The duties and
responsibilities of the RPR are further defined as follows:
A. General
RPR is an agent of Consultant at the site,will act as directed by and under the supervision of Consultant, and
will confer with Consultant regarding RPR's actions. RPR's dealings in matters pertaining to the on site work
shall in general be with Consultant and Contractor keeping the Client advised as necessary. RPR's dealings
with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall
generally communicate with Client with the knowledge of and under the direction of Consultant.
B. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values
prepared by Contractor and consult with Consultant concerning acceptability.
2. Conferences and Meetings:Attend meetings with Contractor, such as preconstruction conferences,
progress meetings,job conferences and other project-related meetings, and prepare and circulate copies
of minutes thereof.
3. Liaison:
(a) Serve as Consultant's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract Documents; and assist
Consultant in serving as Client's liaison with Contractor when Contractor's operations affect Client's
on-site operations.
(b) Assist in obtaining from Client additional information,when required for proper execution of the
Work.
4. Shop Drawings and Samples*:
(a) Record date of receipt of Shop Drawings and Samples.
(b) Receive Samples furnished at the site by Contractor, and notify Consultant of availability of
Samples.
(c) Advise Consultant and Contractor of the commencement of any Work requiring a Shop Drawing or
sample if the submittal has not been approved by Consultant.
5. Review of Work, Observations and Tests:
(a) Conduct on-site observations of the Work in progress to assist Consultant in determining if the Work
is in general proceeding in accordance with the Contract Documents.
(b) Report to Consultant whenever RPR believes that any Work is unsatisfactory, faulty or defective or
does not conform to the Contract Documents, or has been damaged, or does not meet the
requirements of any inspection,test or approval required to be made; and advise Consultant of
Short Elliott Hendrickson Inc. Exhibit B-1 City of Fridley, Minnesota
(Rev. 10.21.10)
138
Work that RPR believes should be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
(c) Determine if tests, equipment and systems start-ups and operating and maintenance training are
conducted in the presence of appropriate personnel, and that Contractor maintains adequate
records thereof; and observe, record and report to Consultant appropriate details relative to the test
procedures and start-ups.
(d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the
Project, record the results of these inspections and report to Consultant.
6. Interpretation of Contract Documents: Report to Consultant when clarification and interpretations of the
Contract Documents are requested by Contractor and transmit to Contractor clarifications and
interpretations as issued by Consultant.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications*and report with RPR's recommendations to Consultant. Transmit to Contractor decisions
as issued by Consultant.
8. Records:
(a) Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings
and samples, reproductions of original Contract Documents including all Work Change Directive*,
Addenda, Change Orders*, Field Orders, additional Drawings*issued subsequent to the execution
of the Contract, Consultant's clarifications and interpretations of the Contract Documents, progress
reports, and other related documents.
(b) Keep a diary or log book, recording Contractor hours on the job site,weather conditions, data
relative to questions of Work Change Directive Change Orders or changed conditions, list of job site
visitors, daily activities, decisions, observations in general, and specific observations in more detail
as in the case of observing test procedures; and send copies to Consultant.
(c) Record names, addresses and telephone numbers of all Contractors, subcontractors and major
suppliers of materials and equipment.
9. Reports:
(a) Furnish Consultant periodic reports as required of progress of the Work and of Contractor's
compliance with the progress schedule and schedule of Shop Drawing and sample submittals.
(b) Consult with Consultant in advance of scheduled major tests, inspections or start of important
phases of the Work.
(c) Draft proposed Change Orders and Work Change Directive, obtaining backup material from
Contractor and recommend to Consultant Change Orders,Work Change Directive, and Field
Orders.
(d) Report immediately to Consultant and Client upon the occurrence of any accident.
10. Payment Requests: Review applications for payment with Contractor for compliance with the established
procedure for their submission and forward with recommendations to Consultant, noting particularly the
relationship of the payment requested to the schedule of values,Work completed and materials and
equipment delivered at the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to be assembled and furnished by
Contractor are applicable to the items actually installed and in accordance with the Contract Documents,
and have this material delivered to Consultant for review and forwarding to Client prior to final payment
for the Work.
12. Completion:
(a) Before Consultant issues a Certificate of Substantial Completion, submit to Contractor a list of
observed items requiring completion or correction.
(b) Conduct final inspection in the company of Consultant, Client, and Contractor and prepare a final list
of items to be completed or corrected.
(c) Observe that all items on final list have been completed or corrected and make recommendations to
Consultant concerning acceptance.
Short Elliott Hendrickson Inc. Exhibit B-2 City of Fridley, Minnesota
(Rev.10.21.10)
139
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment,
unless authorized by Client.
2. Shall not exceed limitations of Consultant's authority as set forth in the Agreement for Professional
Services.
3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's
superintendent.
4. Shall not advise on, issue directions regarding or assume control over safety precautions and programs
in connection with the Work.
5. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor.
6. Shall not authorize Client to occupy the Project in whole or in part.
7. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as
specifically authorized by Consultant.
*All instances in this Exhibit of this capitalized term are as defined in the EJCDC form C-700, copyrighted in
2013.
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Short Elliott Hendrickson Inc. Exhibit B-3 City of Fridley, Minnesota
(Rev.10.21.10)
140
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 18, 2017
TO: Walter Wysopal, City Mana2e '. PW17-078
FROM: James Kosluchar, Public Works Director
DATE: December 15, 2017
SUBJECT: Approve a Joint Powers Agreement with the Coon Creek Watershed District for
the Implementation of a Springbrook Creek Weir Filter Retrofit Project
In April 2016, the Coon Creek Watershed District (CCWD) issued its final Watershed
Restoration and Protection Strategy Report (WRAPS) to the Minnesota Pollution
Control agency. This report is intended on developing a watershed wide plan to meet
stomrwrater Total Maximum Daily Load (TMDL) requirements that have been
established in recent years to improve water quality.Springbrook Creek,located in the
CCWD,is a part of the area covered by the wrap.
In performing water quality analysis for the WRAP,it was noted that Springbrook Creek
is near impaired levels for bacteria contamination, and may seasonally exceed the
levels established for impairment. As with many urban metro watersheds, sources of
the bacteria are mainly waterfowl and pet waste.
Coon Creek Watershed District staff recognized that the Springbrook Nature Center
weir system provides an opportunity for an innovative treatment to reduce bacterial
contamination. This treatment would install a biochar (charcoal) filter in the space
between the now abandoned weir and the new weir installed by the City in 2014. The
CCWD discussed with City staff an application for funding for the project from the Met
Council. The funding request was successful, and detailed plans have since been
developed by the CCWD and reviewed with the City.
The attached Joint Powers Agreement establishes the roles and responsibilities for
construction and two year period of pilot testing of this innovative treatment,which is the
first of its kind in the state.The Coon Creek Watershed district will be fully responsible
for construction, maintenance,testing, and water quality sampling for this project.The
City of Fridley will provide the location for the project,access to the site,and location for
informational signage. We want to think our partners at the CCWD for their initiative in
looking into a solution for potential impairment of Springbrook Creek,and the innovative
approach of this project.
141
Staff recommends the City Council move to approve the attached Joint Powers
Agreement with the Coon Creek Watershed District for the Implementation of a
Springbrook Creek Weir Filter Retrofit Project If approved, staff will work to
coordinate implementation with the CCWD for completion of the project, and request
that CCWD provides a report to the City Council upon conclusion of the pilot project.
JPK/jk
Attachment
142
JOINT POWERS AGREEMENT
FOR THE IMPLEMENTATION OF A
SPRINGBROOK CREEK WIER FILTER RETROFIT PROJECT
This Agreement is entered into December 18,2017,by the Coon Creek Watershed District,a
metropolitan watershed district and political subdivision of the State of Minnesota(District),and the City
of Fridley,a municipal corporation under the laws of the State of Minnesota(City).
RECITALS
A. The District and the City share a common interest in improving water quality and reducing
dissolved and bacterial pollutants in Springbrook Creek located within the City of Fridley and the Coon
Creek Watershed District.
B. The District in cooperation with the City intends to implement in Springbrook Creek a
biochar-enhanced filter retrofit project,to treat and reduce dissolved and bacterial pollutants in urban
stormwater.
C. The District is willing to design and construct this retrofit project within Springbrook Creek
and the City of Fridley upon the terms and conditions set forth below. The Metropolitan Council has
awarded the District a stormwater research grant for this project.
D. Minnesota Statutes section 471.59 authorizes political subdivisions of the State of Minnesota
to enter into joint powers agreements for the joint exercise of powers common to each.
THEREFORE,in consideration of mutual promises set forth below and other good and valuable
consideration,the Coon Creek Watershed District and the City of Fridley agree as follows:
1. PURPOSE.
The District and City agree that it is mutually beneficial for the District to undertake the design,
construction and field-testing of a biochar-enhanced filter retrofit project to reduce dissolved and bacterial
pollutants in Springbrook Creek.
2. METHOD.
The District is responsible for completing the design,construction and testing of this retrofit
project as more particularly described in the project Work Plan and Grant Agreement attached as Exhibit
1,and the attached Design Plans developed by the District Engineer and reviewed and approved by the
City Engineer(Project).
The District is responsible for soliciting and hiring a contractor as necessary to construct the
Project in accordance with the attached Project Design Plans and Work Plan and Grant Agreement
attached as Exhibit 1. The District will administer the construction contract and will be responsible for
paying the contractor amounts due in accordance with the applicable contract documents. The timeline
for Project implementation and completion is set out in the Work Plan included in the Grant Agreement
attached as Exhibit 1.
3. COSTS.
The total estimated cost of this Project is$79,974.00. The District is responsible for these Project
costs. The District has received from the Metropolitan Council a stormwater research grant for this
Project(75%of the Project costs up to a maximum of$53,500.00),and will apply these fiords towards the
143
total project costs incurred. The City is responsible for any additional costs outside the Project scope as
described in the attached Exhibit 1 Grant Agreement and Work Plan,and attached Design Plans
developed by the District Engineer and reviewed and approved by the City Engineer. For example,if the
City would like to install additional modifications to the existing weir infrastructure,those costs would be
the responsibility of the City.
4. SITE ACCESS.
The City agrees to grant the District and its contractors,agents,access to the Project site between
January 2018 and December 2019 for construction oversight,water sampling,filter maintenance,and
demonstration purposes. The City agrees that the District may install interpretative signage at the Project
site and include an educational display that will be housed inside the Springbrook Nature Center to
educate visitors on urban stormwater pollutants and best management practices.
5. OPERATION AND MAINTENANCE.
Because this is a pilot project designed to test a new stormwater BMP,the effectiveness of the
subject filter beyond the initial two-year study period is unknown. If the filter is determined to be
effective at reducing phosphorus and E. Coli concentrations in Springbrook Creek,a long-term
maintenance plan will be developed by the District with input from the City. If the filter is determined to
be ineffective,the District will decommission the filter by closing the gate valves and capping the intake
valves. The City will own all the improvements comprising the Project.
In order to meet the water quality monitoring requirements outlined in the attached Grant
Agreement between the District and the Metropolitan Council,the Project filter must be on-line between
April 15 and October 15 during the study period(i.e.the water elevation in Pool C must be maintained
above the elevation of the filter intake pipes). The City agrees to operate the subject weirs with at least
four stoplogs in place during this time period. Stoplogs may be removed in anticipation of precipitation
events as long as they are returned within 72 hours.
6. TERM OF AGREEMENT.
This Agreement is effective on the date it has been fully executed by both parties,and expires
December 31,2020,unless earlier terminated as provided below.
7. TERMINATION OF AGREEMENT.
Either party may terminate this Agreement with or without cause upon 30-days'prior written
notice of termination to the other.
8. AMENDMENTS.
The terms of this Agreement may be changed only in writing by mutual agreement of both
parties.
9. LIABILITY.
Each party to this Agreement shall be liable for the acts and omissions of itself and its officers,
employees,and agents,to the extent authorized by law. No party shall be liable for the acts or omissions
of another party or another party's officers,employees or agents. Nothing in this Agreement shall be
deemed to be a waiver by any party of any applicable immunities or limits of liability including,without
limitation,Minnesota Statutes sections 3.736(State Tort claims)and chapter 466(Municipal Tort
Claims),as amended.
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10. NOTICE.
Any notice required or permitted under this Agreement will be sent by registered or certified mail
or hand delivered to the parties at the addresses set forth below or at such other place as a party shall
designate in writing by certified or registered mail.
Coon Creek Watershed District City of Fridley
Coon Creek Watershed District City Manager
do Administrator City of Fridley
12301 Central Avenue Northeast 6431 University Avenue NE
Blaine,MN 55434 Fridley,MN 55432
11.GOVERNMENT DATA PRACTICES.
The District and City will comply with the Minnesota Government Data Practices Act,Minnesota
Statutes Chapter 13,as amended,as it applies to all data created,collected,received,stored,used,
maintained or disseminated by the District or the City under this Agreement.
Dated: COON CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
By
Its President
Dated: CITY OF FRIDLEY
By
Scott Lund
Its Mayor
By
Walter Wysopal
Its City Manager
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Exhibit 1
Legal Name of Project Sponsor:
Coon Creek Watershed District
Designated Project Representative:
Tim Kelly, District Administrator
Mailing Address,E-Mail Address,&Telephone Number of Project Sponsor:
12301 Central Avenue NE, Suite 100
Blaine, Minnesota 55434
763-755-0975
tkelly@cooncreekwd.org, cc:jdauphinais@cooncreekwd.org
Project Title:
A novel application of a biochar-enhanced filter to address dissolved and bacterial pollutants
Total Project Cost: $71,343
Grant Request Amount: $53,507
How do you intend to quantify the environmental benefits of this project?
The Coon Creek Watershed District(CCWD)will quantify the pollutant reductions achieved by this project by
supplementing their annual water quality monitoring program with additional high-resolution sampling for phosphorus
and E. coli at the project site.
Specifically, the CCWD has been monitoring the water quality(temperature, pH, conductivity, dissolved oxygen,
turbidity,total suspended solids, total phosphorus, & E.coli.)of Springbrook Creek annually at three sites since 2013.
Monitoring records from these sites, located roughly 1.5 miles upstream, 0.4 mi upstream, and 0.7 mi downstream of
the proposed project site,will provide baseline information for post-implementation comparisons. In addition to
continuing this monitoring program, the CCWD will collect grab samples for E. coli,total phosphorus, and dissolved
phosphorus immediately upstream (influent)and downstream (effluent)of the proposed in-stream filter every two
weeks from April through October for at least two years following construction. Percent reductions in E. coli and
phosphorus will be calculated by comparing pollutant concentrations in treated versus untreated water and
extrapolated to annual loading reductions to assess scalability and progress towards meeting TMDL goals.The
performance of the filter over time will be analyzed to determine appropriate maintenance intervals.
Project Summary including information on water resource benefiting
(Provide a short description of the project,goals,objectives,budget,and project timeline.)
We propose to design, install, and test a novel biochar-enhanced filter for treating dissolved and bacterial pollutants
in Springbrook Creek in Anoka County.
Springbrook Creek drains a 4.1 square mile fully-developed suburban watershed which outlets to the Mississippi
River near the Coon Rapids Dam. Springbrook Creek was listed as impaired for aquatic life in 2006 based on
macroinvertebrate bioassessments and for aquatic recreation in 2014 due to elevated levels of Escherichia coli(E.
coli). Excess total phosphorus(TP)was identified as the primary stressor to Springbrook Creek's biota as part of the
Coon Creek Watershed Stressor Identification study. TP concentrations regularly exceed Minnesota's water quality
standard of 100 ug/L.Given Springbrook Creek's low concentration of total suspended solids (5 mg/L), it is suspected
that dissolved phosphorus makes up a large fraction of TP. To meet E. coli and TP standards and reduce stress on
biota in Springbrook Creek,the Coon Creek Watershed TMDL study calls for annual load reductions of 15-65%of
E_coli and 6-35%of TP depending on flow. Exceedances occur across all flow regimes, including during baseflow.
Because the Springbrook Creek subwatershed is fully developed,there is little space for new construction of
conventional BMPs. Instead,we propose to retrofit existing weir infrastructure with an innovative filter. Specifically, in
the middle reaches of the creek,there is an impoundment controlled by 3 weirs located at the Springbrook Nature
Center in Fridley. Because the original metal sheet pile weirs at this site were in poor condition, new vinyl weirs were
installed approximately 3 feet upstream of each existing weir in 2013. The gap between these weirs creates an
approximately 3'x 12'x 5' space on both sides of the flow path at the weir's notch.We propose to fill these voids with
146
filter media at the downstream set of weirs and to redirect a portion of the flow through these filters and back into the
channel. We propose to perform a head-to-head field test of two novel filter media mixtures: 1)iron-enhanced sand
and biochar and 2)spent lime and biochar. Both iron-enhanced sand and spent lime have been shown to reduce total
and dissolved phosphorus in stormwater treatment applications. Recent studies have shown that biochar is effective
at removing E. coli from simulated stormwater in laboratory column trials. We will monitor the performance of both
filters in removing TP, dissolved phosphorus, and E. coli over time.The results of this field test could be broadly
applicable to filtration-based BMPs across the state (e.g. stormwater pond filter benches, sump catch basin retrofits,
permeable weirs,etc.).
In addition to gaining insights on the performance of a new stormwater BMP, this project addresses multiple local and
regional priorities.This project will not only help address local impairments for aquatic life and recreation in
Springbrook Creek, but will also reduce TP and E.coli loading to the Mississippi River which is also impaired for
excess nutrients and bacteria. This project will also benefit source water protection efforts as it is located in the
Priority'A' Source Water Protection Areas for the Cities of Saint Paul and Minneapolis. Furthermore, the proposed
project is located on property owned by the City of Fridley at the Springbrook Nature Center which draws up to
150,000 visitors annually and would serve as an excellent demonstration site. Interpretive signage would be installed
along the floating boardwalk at the project site and an educational display would be housed in the nature center
building to educate the public on sources of nutrients and bacteria in urban watersheds.
The project objectives are:
1)To field-test innovative biochar-enhanced filters to determine their efficacy in treating excess phosphorus and
E.coli in stormwater.
2)To decrease TP and E. coli in Springbrook Creek to work towards meeting pollution standards and reducing stress
on biota in Springbrook Creek and downstream impaired waters.
3)To educate the public on local water quality impairments, sources of nutrients and bacteria in urban watersheds,
and appropriate BMPs.
Budget:
Project Development& Promotion: $16,752
Construction& Maintenance: $37,159
Performance Monitoring: $12,168
Project Administration: $5,264
Total Project Cost: $71,343
Timeline:
Fall 2017: Finalize project design, Bidding process, pre-construction water quality monitoring
Winter/Spring 2018: Project construction
Spring-Fall 2018&2019: Post-construction water quality monitoring
Fall 2019: Filter maintenance if needed
December 2019: Project completion and final reporting
147
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AGENDA ITEM
fr.! CITY COUNCIL MEETING OF
DECEMBER 18, 2017
INFORMAL STATUS REPORTS
149