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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. r �b of 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. 1".L.#2P tv �'i'=.. ,w. +,�„rm W t ,,;l'.F ` .E=',.-:-41114,4e44#0,0r.„' .�#Z3 " m. ?P'S."• � �s VIA I rJe �PPie. � � p row I 3 3 .c- ��� s.{- Acof 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; 2 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. 9 (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. 10 (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 13 (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 14 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 15 (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: 16 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 17 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, 18 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. 19 205.30.20. 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. 20 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 22 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. 28 407.02. 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. 29 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. 30 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. 31 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: 32 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 33 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. 34 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. 35 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 36 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. 37 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 38 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; 39 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; 40 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 41 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 42 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. 43 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. 44 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 45 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, 46 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 47 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, 48 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. 49 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: 50 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. 51 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 52 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. 53 407.25. 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 54 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. 55 407.29. 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. 56 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: 57 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 60 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 61 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 62 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 3 63 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 64 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 65 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. 6 66 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 7 67 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 68 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 69 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 71 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 G1 3 is a 00 m 0 W Is V -0 -0 c -0 .c ccc OWl LL U. U. U. L U. L i U. L U. U. U. U. UlULUlUUUUUU U. Lc = ccaccacco a) a) a) 0 8 0 8 8 8 8 C7 Uo C7 0 0 0 O9 0 0 0 N m un cn N to to v� mn ci)Z u)Z u)Z N c0Z c0Z E k on =w rro m d � 0 c e co oY Y Y y Y Y Y Y Y Y Y Y Y Y Y Y Y Y y Y y Y Uy U N N m N tU tU U a) U U U U U Cl U tl U yyU C U a) U i� C7 t fJ U L w L L E E E E E E L L L L L L L L L t 0 O O N N N .0 CD rn oU U 1- H i= i= H H U U U U U U U U U U U CU U U U U .0 .0 .0 U U U U U U U COOOpOOO .. O� coco co O 8 p O O p N pa O O O O O O O InmOO1n 0)pt G m O O co to N0 t71 M M O pOp O ci O pGp pp ci pO pa •? to O co' co' C t0 10 ci O dp s- pp Cp 03 C IC) O tn0 N ‘...0 ,_0 Cop t0 100 O 10 1n O O fNO CSD. 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No o ti 11 R F 1-- 1- 10 d E c n, 4/1 Z \ c 3 z C g = u 'o vn u a au t ar .O a a, r O Y a or c o Z 0N N � N cc00 ^ NcctiNO co Cr cp z Ln to to N n C. avavMMm m a 0 N .M ro a N N n t v c 3 3 N N N u 1 " 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 r q s 9 ,`4 \.... ,, —.fir „i„, _ . .. . ,... . , , 'die - 1 ., * 1 ' ' r . ” 4` 'rte ' -*» rT r _ V. �'; a •s a ,y, F' z + rr. 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 100 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 101 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 102 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. 103 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 104 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 105 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 106 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 alas 24/1/ Street Resurfacing Plan 7 t- 2018-2029 I • OSBORNE II t.) I'll 2620 2024 • bitj202$ •;,- !nsiTnen' 4`f - 2014 1424 "10 - 2027 ,. MISSISSIPPI SI IVL . I Pla CREEK SD NE H I 2010 2024 :on 10. 2017 I. *021 MI z Resurfacing of Local 2 'lb Streets to be Determined ,50ii ni 2017 I 7 2024 Hi agi 2018 FT 2025 -1 2019 2026 NB 2020 ni 2027 2021 2028 MI 2022 r---1 2029 2023 4 115 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 63RD AVE e W _- w. s Il (I II d _, <' 11 �� Y G�ROL DR Fridley ��, -. t, 4v i � Figure A —�,..' West Moore Lake c1 W.MOORS LAKE DR > Trail and Resurfacing Project No. ST2017-21 - \rP li ''OO -fes ce '. 1' I txG I commoloi Off-Street Trail 5'3TH AVEOn-Street Trail r��j :::: Street to:::::::: Resurfacing (LDR)OLD TER , -_. 4010, to Non vj�j ( LDR) 40,, Parcels to be Notified 58TH , rs.i- 43' 0 - 5ETH A ' g y °0mit, Etq 4v. - _ 1Mm 1 1- b 4<` HACKMANN AVE ' s, +44 1 2 Fridley Public Wats °' A CARRIE 1-N L'..*G rrdky 3. --,- - .2 "rp ate:12/1/1 4/2017 404 Di22iniemmummimmoimombilkilliiiiir Path:11FSFILE02\Data1Share\GIS\gistlata\publicworkslprojects\W_Moore_Lake_Dr.mxm 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. c:\users\mjensen\documentslmbjlfridley\locke park wtptimprovements proposaltexhibit al-hourly plus exp.docx 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. c:\users\mjensen\documents\mbtj\fridleyMacke park wtpUnprovements proposal\exhibit b-rpr services.docc 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. 144 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 145 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 ia o - vim WI Z l Y W =°°Js 2-o• o S' U N 4- �\C�OR� 00 C U) Z V g = w a W s 1ico H 1 it i :.,,, __,,„, , .,, 4 v 1 i a iJ rj 0 121 • E-4 k 11 www - l R3 g ,--, Q c55 X (� AGG � r4 o W '—' a W W a 2U E o si z 0 3AV 1V211.N30 0 0 C-.) r o Z F Zi r24 S a'1 U) 3AY ALIS213AINn Ely I.L.., Q 6 2 H co N z z gi g O N U rD 5 =E w ti p a �sso -2 "s.1'i a 148 AGENDA ITEM fr.! CITY COUNCIL MEETING OF DECEMBER 18, 2017 INFORMAL STATUS REPORTS 149