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061416CompleteAgenda (2)
SPECIAL CITY COUNCIL WORKSESSION RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM JUNE 14, 2016 6:15 PM Call to order 6:15 p.m. - 6:30 p.m. Discussion regarding Northwest Richfield Bicycle Routes. (Council Memo No. 42) 2. 6:30 p.m. - 6:45 p.m. Discussion regarding 70th Street Bicycle Routes. (Council Memo No. 42) Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager June 9, 2016 Council Memorandum No. 42 The Honorable Mayor and Members of the City Council Subject: Northwest Richfield Bicycle Routes & 70th Street Bicycle Routes (Worksession Agenda Items No. 1 & 2) Council Members: At the June 14 City Council Worksession, Public Works staff will discuss the following items: Northwest Richfield Bicycle Routes This project will add over 2.5 miles of planned bicycle routes in Northwest Richfield, (north of 66th Street and west of 1-35W). The Transportation Commission recommended the project during their June 1, 2016 meeting after reviewing project details and the results of the May 24, 2016 Public Open House. (Attached: Project fact sheet and summary of open house meeting) 70th Street Bicycle Routes The Three Rivers Park District (TRPD) is leading this project to add over 2 miles of planned bicycle route on 70th Street between Lyndale and Cedar Avenues. The project received federal funding from the Federal Transportation Alternatives Program (TAP) in 2014. The Cooperative Agreement with TRPD was approved 1/28/2014. The Transportation Commission's direction would provide dedicated, on -street bicycle lanes that will require "No Parking" restrictions on one side of 70th Street from Nicollet Avenue to 18th Avenue. The Transportation Commission is seeking direction from City Council prior to initiating public input. (Attached: Draft project fact sheet) Please contact Kristin Asher, Director of Public Works, at 612-861-9795 for further discussion. SLD:jb Attachment Email: Assistant City Manager Department Directors Northwest Richfield Bicycle Routes pill -post - The City's Complete Streets Policy, Bicycle Master Plan and Guiding Principles have established goals for multimodal transportation options for Richfield residents. This project is intended to add over 2.5 miles of planned bicycle routes in Northwest Richfield, (north of 66`h Street and west of 1-35W). The streets in this same area were Milled and Overlaid in 2015. The new pavement markings can be applied to implement the bicycling network after the Mill and Overlay is completed in a section of the City, Project Elements Features of the project include: • Bicycle Route Pavement Markings and Signs • New Street Name Signs • New 10' Multi -use Path construction from Russell Avenue to Newton Avenue (adjacent to the MnDOT noise walls for Highway 62) May 24th Omen Hnnse Info • Display Boards • Handout Timeline Construction to begin in 2016 and completed in 2016 Project financing City Funding Project Map Tri C., °I 1. 1N -,z repe:enetwsn °. MWra. wa respect m Iwoe a ,I.e ^ Wm. T i, °pFN:,amMaMeetWr°I1:v'. rep. Tna.lrrc Northwest Richfield Bike Routes � l.etarue a tget°re�tbn b W YNr b m tM KcwK,, artercr. 1 Irc� . �Jp Feet ..r furaNiRYb nlYEIY, W MM OM° hr 4 P+p— T*e tssa W Ue Arte •n k', aM bfunea W nft .de.0 rt; we De:e. 510.2011, NORTHWEST ROUTES .rr 11,4eeting Summary Public Open House 5/24/2016 RICHFIELD I, STREETS ORG Madison Park Shelter Northwest Richfield Bicycle Routes Improvement Project Meeting Purpose The goal of the meeting was to let the public know about the upcoming project and project's features: • Loop Route (Xerxes to Girard via 64th St/Washburn Ave/62nd St) • Sheridan/Russel Route (62nd St to 66th St) • Logan Route (62nd St to 66th St) • Pavement Markings • Street Name Signs • Multiuse Path construction Meeting Notice • Approximately 1300 invitations were mailed to the property owners in the Richfield area north of 66th St and west of 1-35W • Posted on the City's website calendar • Sweet Streets Website updated with project information • Open House "Facebook events" were created on the Sweet Streets Page Public Response Approximately 20 residents attended and 15 comment cards were filled out. Written comment summary: • 10 comments were supportive of the proposed design along with related notes as follows: 0 1 comment requested wider trail segments 0 1 comment requested secure bicycle parking within the City 0 1 comment disappointed that crossing 66th St at Girard will not be allowed 0 1 comment requested a better crossing of Penn Ave • 2 comments expressed concerns about adding bicycle traffic on narrow streets with parking on both sides of the street • 3 comments were received that did not comment on the proposed project. 0 2 comments expressed concerns regarding traffic and parking conflicts on 63rd and Penn. 0 1 comment expressed concern that Madison Park had not received improvements after the Crosstown project impacts occurred. Meeting Photos Figure 1- Meeting Format Figure 2- Resource Table be&h heady -..0000001- 70TH 70TH STREET BICYCLE ROUTE �. ThreeRivers RICHo jSTA` LYNDALE AVENUE TO CEDAR AVENUE PARK DISTRICT PROJECT BACKGROUND The City's 'omnlete Streets Policy, Bicycle Master Plan, and uiding Principle- have established goals for multimodal transportation options for Richfield residents. This project is intended to add over 2 miles of planned bicycle routes on 70th Street, (Lyndale Avenue to Cedar Avenue). This project would provide safer bicycle connections to: • Richfield Senior High School • Augsburg Park • Augsburg Library • Richfield Community Center • Richfield Dual Language School • Richfield STEM School • Christian Park The 70t" Street Bicycle Route will provide connections to the City's existing bicycle facilities on Nicollet Avenue (bikeable shoulder), Portland Avenue (off-street trail and on -street bicycle lanes), Bloomington Avenue (on -street bicycle lanes) and the new off-street Nokomis -Minnesota River Regional Trail along Cedar Avenue. This route also connects to Metro Transit Bus Routes on Lyndale, Nicollet, Portland, and Bloomington Avenues. PROJECT MAP 70" St Q ` 1 Q v c J ■ M � � ■ � I tAvsl ■ ■ 1 LtlMSr 1 �dT'.1 ■ t" 1 651! AWMEM IIN ..■ ■ ■ d v y j i i 'hSt C 5 i - ■ S E ^ 9 i 9 i 9 ■ ■ ■ ■ •..e«..,,nwlt.�.l.. 3 i . 4 i ■ d 7 Fd � a T S f i N « ■ M 4fl�r til ' y " �0 ■ 7 A ■ 70" St Q ` 1 Q v c J LEGEND: PROPOSED BICYCLE ROUTE EXISTING BICYCLE FACILITIES PROJECT ELEMENTS • Bicycle Route Pavement Markings and Signs • New Street Name Signs with Bicycle Route designation • No Parking Restrictions on the north side of 70th from approximately Nicollet Ave to 18th Avenue -wI ■ M � � ■ � I tAvsl ■ ■ 1 LtlMSr 1 �dT'.1 ■ t" 1 651! ■ ■ C 'hSt ■ th 9 ■■■ ■ Proposed rNZParkin ron north side of 70 70St ■ ■ ■ ■ ■ ■ koala's ■ ■ ■I■Il■ ■ ■ ■ ■ ■1i s _ +� �0�■�i,'� r � 7 r ■ f 4 w C ■ 6 w e 4■larlo �t 9 XMW i 1 � �0 > Q ■ O al y ■ Q c s C J Z■ ao■ OOn u LEGEND: PROPOSED BICYCLE ROUTE EXISTING BICYCLE FACILITIES PROJECT ELEMENTS • Bicycle Route Pavement Markings and Signs • New Street Name Signs with Bicycle Route designation • No Parking Restrictions on the north side of 70th from approximately Nicollet Ave to 18th Avenue -wI 6CHI& ire 2A �' 70TH STREET BICYCLE ROUTE RICH�FIRD „ST` LYNDALE AVENUE TO CEDAR AVENUE TIMELINE • Public Input and Preliminary Design- Summer 2016 • Final Design- Fall/Winter 2016 • Construction- Summer 2017 PROJECT FINANCING • Design - Three Rivers Park District • Construction Administration - Three Rivers Park District • Construction Funding - Federal and Municipal State Aid PUBLIC INPUT Please take a few minutes and let us know your thoughts — we welcome your comments and suggestions. .fes nreeRivers PARK DISTRICT Transportation Commission Meetings: June 1st and July 6th 2016 (7:00 pm at Richfield's Municipal Center) Public Open House- June 2016 City Council- July 2016 CONTACT INFORMATION Jack Broz Richfield Public Works 1901 66th St East Richfield, MN 55423 Phone: 612.861.9792 Fax: 612.861.9796 JBroz(a)cityofrichfield.org REGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS JUNE 14, 2016 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Open forum (15 minutes ma)imum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Pledge of Allegiance COUNCIL DISCUSSION 1. • Schedule of upcoming City Council meetings (Council Memo No. 43) • Hats Off to Hometown Hits 2. Approval of the minutes of the (1) Special Concurrent City Council, Housing and Redevelopment Authority and Planning Commission Worksession of May 24, 2016; and (2) Regular City Council Meeting of May 24, 2016. AGENDAAPPROVAL 3. Approval of the agenda. 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of the approval of the first reading of an ordinance allowing up to two licensed gambling organizations to conduct gambling at On Sale Liquor or Club establishments. Staff Report No. 82 B. Consideration of the approval of the bid minutes and tabulation for the Community Center Air Conditioning Replacement Project and authorize a construction contract from Cool Air Mechanical in the amount of $316,800. Staff Report No. 83 C. Consideration of the approval of a resolution approving a two-year Interim Use Permit for occasional employee parking on a vacant lot adjacent to Lakewinds Co-op. Staff Report No. 84 D. Consideration of the approval of a resolution authorizing the 77th Street Underpass Project application submission for Federal Surface Transportation Program funds under the Regional Solicitation process. Staff Report No. 85 E. Consideration of the approval of a resolution authorizing the Lyndale Avenue Project application submission for Federal Surface Transportation Program funds under the Regional Solicitation process. Staff Report No. 86 Consideration of the approval of a resolution for reimbursement of certain expenditures from the proceeds of reconstruction bonds to be issued by the City for the following projects: • 66th Street Reconstruction (2017-2019) • 6 -Year Mill and Overlay (2018) Staff Report No. 87 G. Consideration of the approval of rejecting all bids submitted for the 2016 Sealcoat Project. Staff Report No. 88 H. Consideration of the approval of an Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard. Staff Report No. 89 5. Consideration of items, if any, removed from Consent Calendar PROPOSED ORDINANCES 6. Consideration of the first reading of an ordinance repealing Section 910 of Richfield City Code pertaining to shade tree pest control and replacing it with a new Section 910 and schedule a second reading for June 28, 2016. Staff Report No. 90 OTHER BUSINESS 7. Consideration of a Cooperative Agreement with Hennepin Countyfor the County State Aid Highway (CSAH) No. 53 (66th Street) Reconstruction Project. Staff Report No. 91 8. Consideration of the bid minutes and tabulation for the Cedar Avenue Liquor Store remodel and upgrade and authorize a construction contract from Ebert Construction Inc., Corcoran, MN in the amount of $782,200.00 and bid alternate #1 for $20,718.00. Staff Report No. 92 CITY MANAGER'S REPORT 9. City Manager's Report CLAIMS AND PAYROLLS 10. Claims and payrolls Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. 11. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager June 9, 2016 Council Memorandum No. 43 The Honorable Mayor and Members of the City Council Subject: Schedule of Upcoming City Council Meetings (Agenda Item No. 1 ) Council Members: During Council Discussion on the June 14, 2016 Regular City Council agenda, the City Council should determine the following schedule: • Schedule the Advisory Commission Interview Date(s) ➢ Saturday, July 9 ➢ Saturday, July 16 ➢ Saturday, July 23 • Reschedule or cancel the Tuesday, August 9 Regular City Council Meeting due to the Primary Election • Schedule the Friday, August 12 Special City Council Meeting to canvass the Primary Election • Reschedule or cancel the Tuesday, August 23 Regular City Council Meeting • Schedule the Special City Council Meeting to discuss the 2017 Budget ➢ Wednesday, August 31 ➢ Thursday, September 1 ➢ Tuesday, September 6 ubmitteri /P'U� L. D City Manager SLD:cak Email: Assistant City Manager Department Directors CALL TO ORDER CITY COUNCIL MINUTES Richfield, Minnesota Special Concurrent City Council, Housing and Redevelopment Authority, and Planning Commission Worksession May 24, 2016 The concurrent worksession was called to order by Mayor/HRA Commissioner Goettel at 6:00 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Tom Fitzhenry and Present: Michael Howard. HRA Members Mary Supple, Chair; Pat Elliott, Debbie Goettel, and David Gepner. Present: HRA Members Doris Rubenstein. Absent: Planning Commission Erin Vrieze Daniels, Chair; and Sean Hayford Oleary. Members Present: Planning Commission Susan Rosenberg; Charles Standfuss; Gordon Vizecky; Rick Jabs; and Members Absent: Daniel Kitzberger. Staff Present: Steven L. Devich, City Manager/Executive Director; John Stark, Community Development Director; Melissa Poehlman, City Planner; and Theresa Schyma, Deputy City Clerk. Item #1 DISCUSSION REGARDING CEDAR CORRIDOR MASTER PLAN UPDATE (COUNCIL MEMO NO. 34/11-11RA MEMO NO. 14) Michelle Mongeon Allen, JLG Architects, presented preliminary Comprehensive Plan and Zoning District designation options for the Cedar Corridor area. Community Development Director Stark stated that staff is requesting feedback and clarification from the three policy bodies regarding any changes they would like to see to the Cedar Corridor Master Plan so that those ideas can be incorporated into the draft documents that will be presented at a community open house scheduled for June 1, 2016. The City Council, HRA Commissioners and Planning Commission Members discussed the differences between Mixed Use Neighborhood, Mixed Use Community and Mixed Use Regional; attracting businesses that will hire locally for living wage jobs; overlay zoning; finding a theme in the area for marketing purposes; finding a balance between businesses that are complimentary to the airport and residential neighborhoods; and inclusionary housing. Community Development Director Stark stated that finding a balance between thinking big versus impacts to the surrounding residential area is more in the details and scale of the potential businesses than in specific use. Special Worksession Minutes -2- May 24, 2016 The consensus was that there needs to be flexibility in the plan for when the market and economy meander. Furthermore, the consensus was to start in a broad place and get feedback from the community with specific examples, descriptions and visuals so that people are able to envision the future of the area. City Manager Devich stated that the Cedar Corridor is a big chance to attract businesses that make sense for the City, especially when the underpass is complete and the area will be in very high demand. City Planner Poehlman asked if there were any strong feelings about the 18th Avenue alignment option. The consensus was the 18th Avenue alignment is still the best option. The concurrent worksession was adjourned by unanimous consent at 6:50 p.m. Date Approved: June 14, 2016. Debbie Goettel Mayor Theresa Schyma Steven L. Devich Deputy City Clerk City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 24, 2016 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers. Council Members Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and Present: Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Jim Topitzhofer, Recreation Services Director; John Stark, Community Development Director; Chris Regis, Finance Manager; Karen Barton, Assistant Community Development Director; Mary Tietjen, City Attorney; and Theresa Schyma, Deputy City Clerk. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Elliott to approve the (1) Special City Council Worksession of Mav 10, 2016; and (2) Regular City Council Meeting of May 10, 2016. Motion carried 5-0. Item #1 RECEIPT OF THE CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED DECEMBER 31, 2015 S.R. NO. 79 Caroline Stutsman, representative of the City's audit firm BerganKDV, Ltd., reviewed the 2015 Audit and 2015 Comprehensive Annual Financial Report. M/Goettel, S/Fitzhenry to approve receipt of the City of Richfield Comprehensive Annual Financial Report for fiscal year ended December 31, 2015. Council Meeting Minutes -2- Motion carried 5-0. Item #2 PRESENTATION REGARDING THE HENNEPIN COUNTY VETERANS' SERVICE OFFICE May 24, 2016 Milton Schoen, Hennepin County Veterans' Services director, announced the launch of a Veterans' Service location in Richfield beginning in June 2016. The satellite office will be located at Woodlake Center, 6601 Lyndale Avenue Suite #200, and will initially be open two days per month for veterans' claims service. The City Council encouraged Mr. Schoen to communicate and educate the Richfield Police and Fire Departments on the programs the Hennepin County Veterans' Service Office offers since they are typically the first responders that a veteran could see in a time of need. Item #3 PRESENTATION REGARDING THE MEMORIAL DAY CEREMONY AT VETERANS MEMORIAL PARK Reed Bornholdt, Secretary of the Honoring All Veterans Memorial Board, made a presentation regarding the Memorial Day Ceremony at Veterans Memorial Park. Item #4 UPDATE FROM COLLEEN CAREY, PRESIDENT OF THE CORNERSTONE GROUP, REGARDING THE LYNDALE GARDEN CENTER Colleen Carey, President of The Cornerstone Group, provided an update regarding the Lyndale Garden Center redevelopment. Her update included the revised plan reducing the height of the building to four stories, contamination clean-up grants, financing, and future neighborhood meetings. Item #5 COUNCIL DISCUSSION • Schedule commission applicant interviews in July • Hats Off to Hometown Hits The City Council consensus was to schedule commission applicant interviews on a Saturday in July. Mayor Goettel asked the City Council to provide their July availability to the City Manager. Council Member Elliott reported on the following: • Construction traffic on 66th Street • The success of the recent City-wide garage sale Council Member Howard announced the semi-annual commission member recruitment beginning June 1. He noted the work of the Human Rights Commission to increase diversity on commissions and encouraged all residents to apply. Council Member Fitzhenry provided a Noise Oversight Committee update. Item #6 COUNCIL APPROVAL OF AGENDA M/Elliott, S/Howard to approve the agenda. Council Meeting Minutes -3- Motion carried 5-0. Item #7 CONSENT CALENDAR May 24, 2016 A. Consideration of the approval of a resolution approving a four-month interim use permit to allow temporary vehicle inventory storage on vacant former Lyndale Garden Center property. S.R. No. 80 RESOLUTION NO. 11208 RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW TEMPORARY VEHICLE INVENTORY STORAGE AT 6400 LYNDALE AVENUE SOUTH This resolution appears as Resolution No. 11208. B. Consideration of the approval of a resolution reprogramming 2015 Community Development Block Grant funds from the Penn Avenue Streetscape Program to the Deferred Loan Program and authorizing execution of any required agreements with Hennepin County. S.R. No. 81 RESOLUTION NO. 11209 RESOLUTION APPROVING REPROGRAMMING 2015 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF ANY REQUIRED AGREEMENTS WITH HENNEPIN COUNTY This resolution appears as Resolution No. 11209. M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 5-0. Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #9 CITY MANAGER'S REPORT City Manager Devich provided an update on the end of the legislative session. Item #10 CLAIMS AND PAYROLLS M/Garcia, S/Goettel that the following claims and payrolls be approved: U.S. Bank 05/24/16 A/P Checks: 249924-250349 1,420,770.63 Payroll: 119020-119348, 42452-42453 $ 631,225.31 TOTAL $ 2,051,995.94 Motion carried 5-0. Council Meeting Minutes -4- May 24, 2016 OPEN FORUM None. Item #11 ADJOURNMENT The City Council Meeting was adjourned by unanimous consent at 7:58 p.m. Date Approved: June 14, 2016 Debbie Goettel Mayor Theresa Schyma Steven L. Devich Deputy City Clerk City Manager AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 4.A. STAFF REPORT NO. 82 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: Betsy Osborn, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director 6/7/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the first reading of an ordinance allowing up to two licensed gambling organizations to conduct gambling at On Sale Liquor or Club establishments. EXECUTIVE SUMMARY: Subsection 1100.13 subd. 11 (b) of the City Code currently states On sale Liquor or Club establishments shall be limited to one licensed gambling organization and one lease at any one time in the licensed premises and any rooms adjoining the premises under the same management. The City has received requests from the American Legion Au)aliary to conduct raffles at the Minneapolis - Richfield American Legion. A licensed gambling organization already conducts gambling at the American Legion, so the Au)aliary would not be permitted under current code to conduct the raffles. Adoption of the proposed Ordinance would allow the Au)aliary to obtain a premises permit and conduct the raffles at the American Legion. It would also allow greater fle)ability for other On Sale Liquor or Club establishments wishing to allow up to two licensed gambling organizations on their premises. RECOMMENDED ACTION: By Motion: Approve the first reading of an ammendment to the Lawful Gambling ordinance and schedule a second reading of the ordinance for June 28, 2016. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The City has historically allowed one premises permit at any one time on any one On Sale or Club establishment. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy The City Code currently allows one licensed gambling organization at any one time in a On Sale or Club establishment. The Minnesota Gambling Control Board does not limit the number of licensed gambling organizations at any one time in an On Sale or Club establishment. Adopting the amended ordinance allowing a second premises permit at any one time for an On Sale or Club establishment and allowing a second licensed gambling organization to hold a lease with the same On Sale or Club establishment provides greater fle)ability for establishments holding On Sale and Club licenses. C. CRITICAL TIMING ISSUES: There are no critical timing issues. D. FINANCIAL IMPACT: There is no financial impact. E. LEGAL CONSIDERATION: The City Attorney drafted the ordinance and will be available for questions. ALTERNATIVE RECOMMENDATION(Sl: The Council could leave the City Code as is, which means that those On Sale establishments would not be able to allow a second premises permit to be held by a licensed gambling organization in their establishment at any one time. PRINCIPAL PARTIES EXPECTED AT MEETING: There are no parties expected at this meeting. ATTACHMENTS: Description Type D Lawful Gambling Ordinance Amendment BILL NO. AN ORDINANCE AMENDING SUBSECTION 1100.13 OF THE RICHFIELD CODE OF ORDINANCES RELATING TO LAWFUL GAMBLING THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection l 100. 13, subdivision 1 1(b) of the Richfield City Code is amended as follows: Subd. 11. Lawful gambling at on -sale establishments. Lawful gambling at on -sale or club license establishments shall be conducted in compliance with the following regulations: (b) On -sale establishments shall be limited to one (1) two 2 licensed gambling organizations at any one (1) time in the licensed premises and any rooms adjoining the premises under the same management. No ase shail "hailbe made with eiie (1) efganization whileTanothef lease ; iii off et f the sa+ne on ale esta .lisp m efA Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted this of , 2016. By: Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 4.13. STAFF REPORT NO. 83 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director 6/6/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the bid minutes and tabulation for the Community Center Air Conditioning Replacement Project and authorize a construction contract from Cool Air Mechanical in the amount of $316,800. EXECUTIVE SUMMARY: As part of the approved 2016 Capital Improvement Budget, the heating and cooling system at the Community Center is scheduled for upgrade this year. The building's 51 -year old boiler was replaced ahead of schedule last fall. The remaining items to be replaced this year include a new air conditioning unit for the upper level, condenser, upper floor air ducts, new boiler piping and upgraded controls. All of this equipment has far exceeded its life expectancy. The new equipment will significantly improve the effectiveness of heating and cooling and energy efficiency. A total of six bids were received. The lowest bid received was from Cool Air Mechanical based out of Ham Lake, Minnesota, in the amount of $316,800. Pending Council approval, the project will begin on September 12, 2016 with substantial completion on October 24, 2016. Some programs conducted at the Community Center during this time will be moved temporarily to other locations and some programs will be delayed. RECOMMENDED ACTION: By Motion: Approve the bid minutes and tabulation for the Community Center Air Conditioning Replacement Project and authorize a construction contract from Cool Air Mechanical, in the amount of $316,800. [+Y67 M:J x9191 iyi I iyi 1:4 ki 1U_19I:s] Z F A. HISTORICAL CONTEXT • Wold Architects has been working with staff to plan the replacement of the Community Center's boiler and air conditioner for over a year. Wold originally estimated the cost of both projects at $437,000. • The 51 -year old Community Center boiler was replaced unexpectedly last fall after failing inspection at a cost of $62,470. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • Under the City's Purchasing and Spending Authority Policy, all contracts greater than $100,000 must be approved by the City Council. • City contracts that involve a prime contractor must require the prime contractor to pay subcontractors within ten days of the prime contractor's receipt of payment from the city for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time. • Contracts greater than $100,000 require a performance bond and a payment bond. • The attached advertisement for bids was published in the SunCurrent Newspaper on May 10, 2016 in accordance with City policy. C. CRITICAL TIMING ISSUES: The timing of the advertisement for bids was based on the assumption that construction prices would be favorable after the summer construction period ends for schools. Thus, the project is scheduled to begin September 12, 2016 with substantial completion on October 24, 2016. This is also a period of time that requires less cooling and heating. D. FINANCIAL IMPACT: The total project cost, including boiler, will be funded out LGA Set Aside Funds as follows: Air Conditioner Replacement $316,800 Boiler Replacement $62,470 Design Costs $22,000 Contingency (5%) $19,000 Total Cost $420,270 E. LEGAL CONSIDERATION: There are no legal issues expected for this project. ALTERNATIVE RECOMMENDATION(Sl: Council may decide to reject the bids and delay the air conditioning project to a later date, however construction pricing may increase as time goes on as with the risk of equipment failure. PRINCIPAL PARTIES EXPECTED AT MEETING: There are no principal parties expected at the meeting. ATTACHMENTS: Description Type D Advertisement for Bids Backup Material D Bid Tabulation Backup Material SECTION 00 11 13 ADVERTISEMENT FOR BIDS RICHFIELD COMMUNITY CENTER — 2016 MECHANICAL UPGRADES 7000 Nicollet Avenue South Richfield, Minnesota City of Richfield will receive single prime sealed bids for Richfield Community Center — 2016 Mechanical Upgrades until 2:00 p.m. local time on May 26, 2016 at the Richfield Municipal Center — Bartholomew Room, 6700 Portland Avenue, Richfield, Minnesota 55423, at which time and place all bids will be publicly opened and read aloud. Bidding documents, including the Proposal Form, Drawings and Specifications, will be on file at the Offices of the Architect, Wold Architects and Engineers, 332 Minnesota Street, Suite W2000, Saint Paul, Minnesota 55101. (651) 227- 7773; at the Minnesota Builders Exchange; McGraw Hill Construction/Dodge Plan Center; Reed Construction; iSgFt Plan Room (St. Paul, MN); and from P1anWell at www.e-arc.com/arcEOC/Secures/PWELL_ PrivateList. aspx?Prj Type—pub This project includes: Mechanical upgrades to hydronics and HVAC, including new cabinet unit heaters, concrete housekeeping pads, misc. finishes, gypsum board/metal stud pipe enclosure. American Reprographics Company, 4730 Park Glen Road, St. Louis Park, Minnesota 55416 (952) 697-8800, facsimile (952) 697-8803 will provide complete downloadable sets of the Bidding Documents to prospective bidders and subcontractors. The downloads will be available May 5, 2016. A deposit check in the amount of $25 made out to ARC for each set downloaded via the internet at http://www.e-arc.com/mn/saintlouispark and clicking on the P1anWell icon, then the Public Plan Room icon, select Richfield Community Center. Make proposals on the bid forms supplied in the Project Manual. No oral, telegraphic or telephonic proposals or modifications will be considered. Submit with each bid, a certified check or acceptable bidder's bond payable to City of Richfield in an amount equal to five percent (5%) of the total bid. The successful bidder will be required to furnish satisfactory Labor and Material Payment Bond, and Performance Bond. Bids may not be withdrawn within thirty (30) days after the scheduled time of opening bids, without the consent of the Owner. The Owner reserves the right to accept any bid or to reject any or all bids, or parts of such bids, and waive informalities or irregularities in bidding. On site construction activities may not begin until September 26, 2016. The Owner requires Substantial Completion of the project on or before October 17, 2016. City Council CITY OF RICHFIELD No. 152254 00 11 13-1 Advertisement For Bids CITY OF RICHFIELD, MINNESOTA Bid Opening May 26, 2016 2:00 p.m. Richfield Community Center — 2016 Mechanical Upgrades Bid No. 16-07 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Elizabeth VanHoose, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the Richfield Community Center — 2016 Mechanical Upgrades, as advertised in the official newspaper on May 12, 2016. Present: Elizabeth VanHoose, City Clerk Dave Conrads, Building Operations Manager Mike Klass, Wold Architects and Engineers Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Addendum Responsible Base Bid Bond Nos. 1-3 Bidder Corval Group Yes N/A Yes $ 525,539.00 St. Paul, MN Cool Air Mechanical Inc. Yes Yes Yes $ 316,800.00 Ham Lake, MN Morcon Construction Yes Yes Yes $ 353,100.00 Golden Valley, MN Derau Construction Yes Yes Yes $ 378,800.00 Burnsville, MN Meisinger Construction Yes Yes Yes $ 386,600.00 South St. Paul, MN CM Construction Co. Yes Yes Yes $ 356,800.00 Burnsville, MN The City Clerk announced that the bids would be tabulated and considered at the June 14, 2016 City Council Meeting. Elizabeth VanHoose City Clerk AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 4.C. STAFF REPORT NO. 84 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: Melissa Poehlman, City Planner DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 6/7/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution approving a two-year Interim Use Permit for occasional employee parking on a vacant lot adjacent to Lakewinds Co-op. EXECUTIVE SUMMARY: As part of the approved larger Planned Unit Development (PUD) for the entire former Lyndale Garden Center site, the vacant lot adjacent to the current Lakewinds Co-op (Lakewinds) parking lot was proposed to be green space. The lot would be available for overflow parking during events and potentially available for development in the future. The work was never completed and The Cornerstone Group recently sold the property to Lakewinds. Current parking at Lakewinds exceeds the City's allowable maximums. This was permitted based on the fact that some sharing, especially during events, would take place. Despite this, Lakewinds representatives have stated that parking shortages are experienced occasionally. These shortages occur a few times in the summer and in the days leading up to Thanksgiving. The applicant has stated that the need for additional parking is approximately 20 days per year. Parking is not permitted as the primary use of a parcel, nor is the construction of parking in quantities that exceed allowable maximums permitted without a parking study. The applicant has requested an interim use permit in order to alleviate occasional shortages while evaluating true long-term parking needs for the store and needs that may arise if the development to the north moves forward. Given that current shortages occur so infrequently, staff is recommending only minor clean-up, as opposed to paving and striping. Staff believes that paving and striping would encourage use of the lot by non -employees on a more regular basis and that is not the intent. Staff is recommending approval of a two-year Interim Use Permit with the possibility of a one- year administrative extension. According to The Cornerstone Group, redevelopment of the northern portion of the site should be complete by this time. The permit would allow employee parking on the site for up to 45 days per year and require appropriate signs and landscaping to prohibit more frequent use. An amendment to the Lakewinds PUD and combination of the two lots will be required prior to any permanent changes to the vacant lot. RECOMMENDED ACTION: By Motion: Approve a resolution approving a two-year Interim Use Permit for occasional employee parking on a vacant lot adjacent to Lakewinds Co-op. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Discussed in Executive Summary. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • The purpose of an Interim Use Permit is to allow a use that may not be compatible with the Comprehensive Plan to operate for a limited period of time. • The Council may waive ordinance provisions upon finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The Council must find that the temporary nature of this permit makes the nonconforming use permissible at this time. • In evaluating a request for an Interim Use Permit, the Council must also consider its compliance with the criteria outlined in Subsection 547.15 of the City Code, further articulated in the attached document. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: The required application fee has been paid. E. LEGAL CONSIDERATION: • Apublic hearing was also held before the Planning Commission on May 23, 2016. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the site. • No members of the public commented on the proposal. ALTERNATIVE RECOMMENDATION(Sl: • Approve the interim use permit for a different length of time (up to five years maximum). • Approve the interim use permit with additional/modified conditions. • Deny the request with findings that the requirements are not met. PRINCIPAL PARTIES EXPECTED AT MEETING: Jared Hensel, Lakewinds Store Manager ATTACHMENTS: Description Type ❑ Resolution Resolution Letter ❑ Requirements Backup Material ❑ Consent Agreement Exhibit ❑ Site Plan Exhibit ❑ Planning & Zoning Maps Exhibit RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW OCCASSIONAL EMPLOYEE PARKING BY LAKEWINDS FOOD COOPERATIVE EMPLOYEES AT 6430 LYNDALE AVENUE SOUTH WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS, an application has been filed with the City of Richfield which requests an interim use permit to allow Lakewinds Food Cooperative (the "Applicant") employees to occasionally park at property legally described as follows: Lot 4, Block 1, Lyndale Gardens Addition, Hennepin County, MN WHEREAS, the Property is zoned Planned Mixed Use (PMU); and WHEREAS, private parking lots are not permitted as a principal use of property in any zoning district in the City; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent; and WHEREAS, the Planning Commission held a public hearing on May 23, 2016 to review the application for an interim use permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The proposed interim use permit request meets all applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows: The proposed interim use is not a permitted primary use within the City. In accordance with Subsection 547.15 Subd. 3e the City Council finds that the temporary nature of the interim use eliminates the detriment that a stand-alone parking lot will have to a mixed use area. Also, the infrequent nature of the use (no more than 45 days per year) makes the deferral of parking lot improvements reasonable in this instance. 2. An interim use permit for employee parking by Lakewinds Food Cooperative employees at the property legally described above, as described in City Council Staff Report No. is approved with the following conditions: a. The property may be used for employee parking for no more than 45 days per year. b. Landscaping, either in the ground or in large planters, shall be installed along the eastern property line to screen the lot and provide a barrier to limit potential customer parking. c. Signs must be installed to prohibit non-employee parking. d. The interim use permit will expire two (2) years from its effective date (June 14, 2018), or upon violation of the conditions under which the permit was issued, whichever occurs first. e. The Community Development Director may issue one administrative extension of this permit for up to one additional year. Reasons for an extension would include redevelopment plans for Lots 1 and 2 of this block that would impact its future use. An extension shall not be granted solely based on cost to improve the site to meet City requirements. The annual monitoring fee, as dictated by City Code, will apply to this extension. f. A parking study shall be required prior to the issuance of permits for a permanent parking lot on this lot. This lot shall be combined with an adjacent lot prior to the issuance of permits for a permanent parking lot. g. The interim use permit shall be reviewed periodically by the City to ensure compliance with the conditions set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of June 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Interim Use Permit Requirements Subsection 547.15 Subd. 3. a) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. Staff recommends that the permit expire in two years with one possible administrative extension of up to one additional year. The lot has been vacant for a number of years. Landscaping along the eastern side of the lot will help to improve the appearance of the lot while a more permanent use/solution can be explored. b) The use will terminate upon a date or event that can be identified with certainty. Interim use permits may not be granted for a period greater than five (5) years. Staff recommends termination on June 14, 2018. c) The use will not adversely impact the health, safety and welfare of the community during the period of the interim use. The occasional use of the site for parking is not anticipated to adversely impact health, safety, or welfare. Long-term, more permanent improvements to the site will be necessary. d) The use is similar to existing uses in the area. Other portions of the former Lyndale Garden Center site remain vacant as well. Additional redevelopment is anticipated, but the vacancy and occasional parking will not cause any immediate issues that do not already exist. e) An interim use shall conform to zoning regulations except the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. See above, letter "d." f) There is adequate assurance that the property will be left in suitable condition after the use is terminated. The property will remain largely as -is. g) By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The property owner has signed a consent agreement agreeing to this condition. h) The property owner, by agreement, agrees to any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit. The property owner and applicant are aware of all conditions. No improvements that will need to be removed are proposed. i) The property owner agrees to abide by any additional conditions that the Council deems appropriate for permission of the use. The property owner and applicant are aware of all conditions. CONSENT AGREEMENT WHEREAS, on November 13, 2007 the City Council of the City of Richfield adopted Ordinance No. 2007-19, which establishes a framework for regulating temporary use of land through the issuance of interim use permits; and WHEREAS, Section 547.15 Subdivision 2 of this Ordinance requires an applicant for an interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the proposed interim use will not impose additional costs on the public if there is a future need for public acquisition of the applicant's property through eminent domain, that the applicant has no entitlement to future reapproval of the interim use permit and that the applicant will abide by the conditions of approval that the City Council attaches to the interim use permit; NOW, THEREFORE, _Lyndale Gardens LLC_, as the property owner and co - applicant for an interim use permit for _occasional employee parking (u to 45 days per year)_ (use of property) at 6430 Lyndale Ave (legally described as Lot 4, Block 1 Lyndale Gardens Addition)_, (location) agree as follows: 1. If this application is approved by the Richfield City Council and an interim use permit is issued, the interim use of the property will not impose additional costs on the City or any other public entity if it is necessary to acquire the property or a portion thereof by eminent domain after issuance of the interim use permit. 2. The applicant acknowledges that the proposed use is temporary and terminates upon expiration of the interim use permit. The applicant has no legal or equitable right to future reapproval of the interim use permit and must file a new application for that purpose. 3. The applicant will comply with all conditions imposed by the City Council on the interim use permit. 4. This Consent Agreement shall be binding on any owner, operator, tenant and/or user of the property for which the interim use permit has been granted and the applicant is authorized to sign this Consent Agreement on behalf of said owner, operator, tenant and/or user of the property. DATED: Applicant (Applicant must be the Property Owner) STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20, by , d ,the of i.e. wL I ts[,, e , a Minne to ° , on behalf of said company. . 3W� � t � , s E STEIN TNMNOTTYPUBLIG MINNESOTA No L� lic d W, �§ \� � ( )_3 kk§ 7 � } k IL -LIN U)Q I q X C:w TT 76 x LL o N O o U IL 0 0 r N N m Q ❑ ❑ X 0 N (INV2iE) ❑ y ❑ CL N" C 131bbVH K is U N CD CL o 4• • g � ❑ w a � N � 'o U 13IbbVH � w � � L � - a N v• _ ❑ � W X � � N o w rL • — �❑ = � X � � ❑ w � �d � cn � = a oo L X s s � N � FTK CL J ' Oj 1I O C N U U U U C f0 L 0 0 0 0 X v CL w LO CD L ❑ o iq v ❑❑ � � O O � E v J ' O D O D 'U it O > E C U m V (V w ❑ ❑ Y Oj O � E ❑ + � a � m U L v Uddtr�� �.• �■ NN U ❑ ) E ■ ■ 0 O i �U ' O ° FTT=N X D 3 ' 2 0i E N � � ? d J ^ U X 0 ) Y MT ���Ud '^ 76 x LL o N O � � ■'■ 1 N N - ONVUE) ❑ CL N" C 131bbVH K is U N w w w -Lu • g � s a � 'o Oa U 1 L � a Cl) W 0 0 o � �/� N � FTK CL J ' Oj 1I O C N L O LO CD O5-6 'U it O > E C U m V -6a Epi N Uddtr�� AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 4.D. STAFF REPORT NO. 85 CITY COUNCIL MEETING REPORT PREPARED BY: Jeff Pearson, City Engineer 6/14/2016 DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 6/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution authorizing the 77th Street Underpass Project application submission for Federal Surface Transportation Program funds under the Regional Solicitation process. EXECUTIVE SUMMARY: The Metropolitan Council is currently accepting applications as part of the Regional Solicitation process for federal funding of transportation projects. The 77th Street Underpass Project meets all of the qualifications under the category of "Roadway Expansion Including Multimodal Elements." With Council approval, staff is preparing to submit an application for the requested amount of $7,000,000 to be contributed to the project. If successful, funding would be awarded in 2020. However, in order to advance the project, the funds could be applied to construction as early as 2017 and the City would be reimbursed in the award year of 2020. Applications are due July 15, 2016. RECOMMENDED ACTION: By Motion: Approve the resolution approving the submission of the 77th Street Underpass Project funding application for Federal Surface Transportation Program (STP) funds. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The Metropolitan Council and the Transportation Advisory Board have released the 2016 Solicitation Package for federal funds. The regional solicitation process selects projects to be funded within the following categories: • Roadway Expansion • Roadway Reconstruction/Modernization • Roadway System Management • Bridge Rehabilitation/Replacement • Multiuse Trails and Bicycle Facilities • Pedestrian Facilities • Safe Routes to School • Transit Expansion • Travel Demand Management (2018 and 2019 funds) • Transit System Modernization Applications in the category of 'Roadways' must be for construction projects that fit the following criteria: • Aroadway project that adds thrudane capacity. • Projects must be located on a non -Freeway Principal Arterial or "A' Minor Arterial functionally -classified roadway, consistent with the map adopted by TAB on August 20, 2014. B. POLICIES (resolutions, ordinances, regulations, statutes, etch The proposed project meets multiple goals in the City's Comprehensive Plan (Transportation). C. CRITICAL TIMING ISSUES: The deadline for Regional Solicitation applications is July 15, 2016. D. FINANCIAL IMPACT: The construction cost of the underpass is estimated to be $13.5-15 Million. If selected for STP funds, up to $7,000,000 would be funded with Federal dollars and the remaining amount would be funded with both State and Local funds. E. LEGAL CONSIDERATION: The City Attorney will be available to answer questions. ALTERNATIVE RECOMMENDATION(B)LI Council may choose not to adopt the resolution and therefore not submit an application for the federal funds. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type ❑ 77th Underpass Funding Resolution Resolution Letter RESOLUTION NO. RESOLUTION AUTHORIZING SUBMISSION OF THE 77TH STREET UNDERPASS PROJECT FUNDING APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS WHEREAS, the City of Richfield has previously completed phased improvements to 77th Street Corridor including 77th Street expansion and the reconstruction of the Penn Avenue Bridge over 1-494, the 76th Street Bridge over 1-35W, and the Lyndale Avenue Bridge over 1-494; and WHEREAS, the City of Richfield proposes to provide a multi -modal connection via the 77th Street Underpass to regional destinations such as MSP International Airport and the Mall of America as well as a Regional Trail connection between the Minneapolis Grand Rounds system and the Minnesota National Wildlife Refuge; and WHEREAS, the City of Richfield understands that the 77th Street Underpass Project will aid 1-494 traffic congestion by removing local vehicle trips from the Principal Arterial system as well as providing increased transit service to destinations along the corridor; and WHEREAS, the City of Richfield has determined that the 77th Street Underpass Project will create increased redevelopment opportunities along the 1-494 corridor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield approves the submission of the 77th Street Underpass 2016 Application for Federal Surface Transportation Program funds. The application includes the construction of 77th Street via underpass of TH 77 to complete the planned A Minor Arterial Reliever and improve connections to destinations for walking, biking, and transit use along this corridor. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of June, 2016. Debbie Goettel, Mayor /_IaI2M9 Elizabeth VanHoose, City Clerk AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 4.E. STAFF REPORT NO. 86 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: Jack Broz, Transportation Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 6/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution authorizing the Lyndale Avenue Project application submission for Federal Surface Transportation Program funds under the Regional Solicitation process. EXECUTIVE SUMMARY: The Metropolitan Council is currently accepting applications as part of the Regional Solicitation process for federal funding of transportation projects. The Lyndale Avenue Project meets all of the qualifications under the category of "Roadway Reconstruction/Modernization." With Council approval, staff is preparing to submit an application for the requested amount of $7,000,000 to be contributed to the project. If successful, funding could be applied to construction as early as 2020. Applications are due July 15, 2016. RECOMMENDED ACTION: By Motion: Approve the resolution approving the submission of the Lyndale Avenue Project funding application for Federal Surface Transportation Program (STP) funds. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The Metropolitan Council and the Transportation Advisory Board have released the 2016 Solicitation Package for federal funds. The regional solicitation process selects projects to be funded within the following categories: • Roadway Expansion • Roadway Reconstruction/Modernization • Roadway System Management • Bridge Rehabilitation/Replacement • Multiuse Trails and Bicycle Facilities • Pedestrian Facilities • Safe Routes to School • Transit Expansion • Travel Demand Management (2018 and 2019 funds) • Transit System Modernization B. POLICIES (resolutions, ordinances, regulations, statutes. etch The proposed project meets multiple goals in the City's Comprehensive Plan (Transportation). C. CRITICAL TIMING ISSUES: The deadline for Regional Solicitation applications is July 15, 2016. D. FINANCIAL IMPACT: The construction cost of Lyndale Avenue from 63rd Street to 76th Street is estimated to be $9-10 million. If selected for STP funds, up to $7,000,000 would be funded with Federal dollars and the remaining amount would be funded with Street Reconstruction Bonds. E. LEGAL CONSIDERATION: None ALTERNATIVE RECOMMENDATION(S): Council may choose not to adopt the resolution and therefore not submit an application for the federal funds. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Lyndale Funding Resolution Resolution Letter RESOLUTION NO. RESOLUTION AUTHORIZING SUBMISSION OF THE LYNDALE AVENUE PROJECT FUNDING APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS WHEREAS, the City of Richfield understands that the Lyndale Avenue pavement and utilities were constructed in 1977 or earlier and despite regular maintenance have significantly deteriorated since that time; and WHEREAS, the City of Richfield has previously completed and approved an Arterial Roadway Study including Lyndale Avenue; and WHEREAS, the City of Richfield has an approved Complete Streets Policy; and WHEREAS, the City of Richfield has an approved Bicycle Master Plan including Lyndale Avenue; and WHEREAS, the City of Richfield has completed a Guiding Principles process for major transportation projects; and WHEREAS, the City of Richfield has determined that the Lyndale Avenue Project will create improved mobility and increased redevelopment opportunities along the corridor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield approves the submission of the Lyndale Avenue 2016 Application for Federal Surface Transportation Program funds. The application includes the reconstruction of Lyndale Avenue, an A Minor Arterial Reliever, from 63rd Street to 76th Street (excluding the intersection with 66th Street), and improved connections to destinations for walking, biking, and transit use along this corridor. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of June, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 41. STAFF REPORT NO. 87 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: Elizabeth Finnegan, Civil Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 6/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a resolution for reimbursement of certain expenditures from the proceeds of reconstruction bonds to be issued by the City for the following projects: • 66th Street Reconstruction (2017-2019) • 6 -Year Mill and Overlay (2018) EXECUTIVE SUMMARY: On April 12, 2016, the City Council approved a 5 -Year Street Reconstruction Plan and the use of street reconstruction bonds for 2017-2019 construction of the following projects: • 66th Street Reconstruction • 6 -Year Mill and Overlay Adoption of the proposed resolution will enable City staff to begin incurring construction costs for these projects. The resolution allows costs incurred up to 60 days prior to Council approval of the resolution to be reimbursed using the proceeds of the street reconstruction bonds. RECOMMENDED ACTION: By Motion: Approve a resolution for reimbursement of certain expenditures from proceeds of street reconstruction bonds to be issued by the City for the 66th Street Reconstruction and 6 -Year Mill and Overlay projects. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT At the March 22, 2016, City Council Worksession the following projects were discussed as part of the 2017 5 -Year Street Reconstruction Plan: • 77th Street Underpass (2017) • 66th Street Reconstruction (2017-2020) • 6 -Year Mill and Overlay (2017-2020) • 65th Street Reconstruction (2020) • Penn Avenue Reconstruction (2021) At the April 12, 2016, City Council Meeting, the Council approved the 5 -Year Street Reconstruction Plan and adopted a resolution authorizing the issuance of street reconstruction bonds for the 2017-2019 construction projects. B. POLICIES (resolutions, ordinances, regulations, statutes, etch In order to utilize the Street Reconstruction Bonds, the following must and has occurred: • Creation of a 5 -Year Street Reconstruction Plan (April 2016) • Public Hearing regarding the 5 -Year Street Reconstruction Plan and Issuance of Bonds (April 12, 2016) • Adoption of a resolution approving the plan and giving preliminary approval of the issuance of bonds (April 12, 2016) • City Council approval of plan and issuance of bond by a vote of all members present at the meeting (April 12, 2016 - 5-0 vote) • 30 day period where voters may petition for a referendum, or vote, on the issuing of bonds (expired May 12, 2016) The 5 -Year Street Reconstruction Plan is revised annually with the Capital Improvement Plan. C. CRITICAL TIMING ISSUES: 66th Street is in dire need of reconstruction and the Mill and Overlay project is needed to maintain the integrity of Richfield's residential streets. The reimbursement resolution is necessary to cover any project costs incurred prior to the sale of the bonds. D. FINANCIAL IMPACT: Adoption of the proposed reimbursement resolution provides approval for City staff to incur costs for the 66th Street Reconstruction project and 6 -Year Mill and Overlay project only. The current bond amounts for the projects are: * 66th Street Reconstruction $15,200,000 ■ 2017 - $9,000,000 ■ 2018 - $4,000,000 ■ 2019 - $2,200,000 * 6 Year Mill and Overlay Project $5,800,000 Bond Issuance Costs $1.100.000 * Total $22,100,000 E. LEGAL CONSIDERATION: The City Attorney will be available to answer questions. ALTERNATIVE RECOMMENDATION(B)LI N/A PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description D Resolution Type Resolution Letter D 5 Year Street Reconstruction Plan Backup Material RESOLUTION NO. DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WITH RESPECT TO THE 66th STREET RECONSTRUCTION PROJECT AND 6 YEAR MILL AND OVERLAY PROJECT WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Richfield, Minnesota (the "City") expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of tax-exempt bonds; and WHEREAS, the City has determined to make this declaration of official intent (the "Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA AS FOLLOWS: 1. The City proposes to undertake the 66th Street Reconstruction Project and project designated as the 6 Year Mill and Overlay Project within the City (the "Projects"). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Projects from the proceeds of bonds in an estimated maximum principal amount of $22,100,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the Projects for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Projects and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Projects' expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. The foregoing resolution was moved by Councilmember seconded by Councilmember The following voted in the affirmative: The following voted against: Councilmember was absent. and Adopted by the City Council of the City of Richfield, Minnesota, this 14th day of June, 2016. 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The underpass will improve access to and from the Metro Transit South Garage, and provide direct access for cars, bicyclists, pedestrians and transit users from Richfield to MSP and the Mall of America. 66th Street (2017-2020) Reconstruction of 66th Street (CR53) from Upton Avenue to Richfield Parkway. This project includes reconstruction of failing pavement, replacement of City utilities, undergrounding of parallel overhead utility lines, and improved bicycle and pedestrian accommodations. The project also addresses safety and traffic flow concerns through the use of additional medians and roundabouts. Residential Mill & Overlay (2017-2020) As part of a 6 year initiative to perform major maintenance to extend the life of the City's residential roads, originally constructed in the mid-70s, asphalt streets will receive a mill and overlay. To date, approximately 15 miles of the City's residential roads have been completed with the remaining 85 miles to be resurfaced over the course of the project. The project also includes catch basin and curb repairs, along with replacement of City utility manholes. The bonding required to complete the project will be financed through the increase in Franchise Fees effective April 2014. 65th Street Central (2020) Reconstruction of 65th Street between Nicollet Avenue and 66th Street. This project will replace the failing concrete road surface with new asphalt. The project will also replace City utilities. Consistent with the City Complete Streets Policy, a public involvement process would be used to determine the future design of the roadway. Penn Avenue Reconstruction (2021) Reconstruction of Penn Avenue from 62nd Street to 75th Street. This project includes reconstruction of failing pavement, replacement of City utilities, and undergrounding of parallel overhead utility lines. Consistent with the City and County Complete Streets Policies, a public involvement process would be used to determine the future design of the roadway. April 12, 2016 AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 4.G. STAFF REPORT NO. 88 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: Mike Petersen, Project Engineer DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 6/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: Steven L. Devich 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of rejecting all bids submitted for the 2016 Sealcoat Project. EXECUTIVE SUMMARY: City staff is recommending that Council reject all bids for the 2016 Sealcoat Project based on an internal clerical error. After the bid opening, another bid envelope was discovered that had been received before the deadline, but not routed to the City Clerk and therefore was not opened at the bid opening. After consultation with the City Attorney, and in an effort to maintain fairness and inclusion of all responsive bidders, city staff recommends rejection of all bids and re -advertise. RECOMMENDED ACTION: By Motion: Reject all bids submitted for the 2016 Sealcoat Project. *14-11-461 a:7 x101iyil►yi1=11kiIBYA9Is] zF A. HISTORICAL CONTEXT The area to be sealcoated in 2016 is small, compared to previous years, due to the Accelerated Mill and Overlay program. The sealcoat area generally consists of the loop streets on the north side of the city and the route along the Metro Sewer Project that was completed in 2011. Bids for the 2016 Sealcoat Project were opened on May 31, 2016 at 10:00 am. It was discovered approximately 2 hours after the bid opening that a bid had been submitted on time to the public works building and was placed in a staff inbox. The bid was not routed to the City Clerk and was not read during the bid opening. City staff consulted with the City Attorney and it was decided to reject all bids and re -bid the project in an effort to maintain fairness and inclusion of all responsive bids. B. POLICIES (resolutions, ordinances, regulations, statutes, etch The City has the authority to reject all bids. C. CRITICAL TIMING ISSUES: • Formal rejection of the bids should occur in a timely manner in order for the contractors to plan their seasonal workload. • City staff is prepared to re -advertise the project immediately following Council action. New bids would be opened on June 28, 2016. D. FINANCIAL IMPACT: • Cost associated with rejecting the bids and re -bidding the project will be minimal. • Contractors who purchased the original bid set will receive the new bid set at no charge. E. LEGAL CONSIDERATION: The City Attorney has been consulted regarding this situation and is available to answer questions. ALTERNATIVE RECOMMENDATION(Sl: N/A PRINCIPAL PARTIES EXPECTED AT MEETING: N/A ATTACHMENTS: Description Type D 2016 Sealcoat Map Backup Material pxw,leooleaS 9602\y}noSuollonilsuoopuelliod t0 960Z\sdeW\5uuaaul5u3MJoM ollQnd\SIE)\:I 7 0- J a) 0rim V •rim 4- 0 I - *rim V M s r OWL MV30 OOLZ NOIA49N OWL 418L 0ozz N3 Ilo OOLL 41LL }J 009L 449L OObZ N33nO 4Z9L NOIDNIWOOlB OWZ 113Ssnd OO9L 419L 009Z NVOIM3HS N OO L 41bL II OWZ NOl n 00£L 41£L 006Z 1N3ONIA OOZL 41ZL OOL£ S3XM3X OOLL 41LL OIL 410L 006 IOM3 008 OOVOIHo OZL Snannioo OOL M d OZg ONV wo 009 ONVl1MOd 009 415 00b 410 0 4Z£ NO1 110 („) 00£ Pi£ 003 NZ VL SN3A S C9 w 00L "Ir r C) A 000 13110OIN CD V v OS 1130SIVlB 3 OOL H1MOM W OW AMnBSllld 00£ 1NVSV3ld 00b ONVMo 009 131MMVH 009 Ol31dMVO OOL 3NONAl '.L008 HOIHON 006 1NVAH8 -POOL XVdlOO _OOLL 1NOdnO OOZL NOSM3N3 00£L 1NON3Md o" 0MVM1O =OO9L 1O1O8WnH o 009L ONIAMI CDOLL S3W 008E XONN OWL NVOOI 0003 WOMON OOLZ NOIA49N 0ozz N3 Ilo 00£Z NN3d }J LN OObZ N33nO OWZ 113Ssnd N 009Z NVOIM3HS N OOLZ SVWOHL II OWZ NOl n 006Z 1N3ONIA 000£ NMnBHSVM OOL£ S3XM3X AGENDA SEC -10N: CONSENT CALENDAR AGENDA ITEM # 4.H. STAFF REPORT NO. 89 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: John Stark, Community Development Director DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director 6/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of an Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard. EXECUTIVE SUMMARY: In 2001 the City of Richfield (City) worked with the Minnesota Department of Transportation (MnDOT) to secure a commercial lease for the construction of a parking lot on excess MnDOT right-of-way. In return, the City leases the parking lot to the Transmission Shop, Inc. (Transmission Shop) located at 6958 Cedar Avenue to remedy a neighborhood parking problem that occurred from the relocation of the business. The Transmission Shop constructed the parking lot and has paid the taxes for the property since 2001. The parking lot has been successful in remedying any parking problems that had existed in the neighborhood. The agreement between all the parties has been successfully renewed every two -years at MnDOTs request since 2001. The City's original License Agreement with the Transmission Shop required a renewal of that Agreement until at least 2016 so that the Transmission Shop's investment in constructing the parking lot could fully depreciate. At this point, the City could choose not to renew the License Agreement, but City staff is not recommending that course of action because MNDOT plans on retaining ownership of the underlying land in the eventuality that Trunk Highway 77 might some day be widened. As such, any use of the site will be interim in nature and the current use is likely the most reasonable interim use. RECOMMENDED ACTION: By Motion: Approve the Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar Avenue and Diagonal Boulevard. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • In August 2001 the City approved a Commercial Lease between the City and MnDOT for the construction of a parking lot on excess right-of-way land (45,750 sq. ft.) at approximately Cedar Avenue and Diagonal Boulevard. • At the same time, the City also approved a License Agreement between the City and the Transmission Shop for the use of the parking lot. The City pursued this arrangement with MnDOT as a way to remedy neighborhood parking problems resulting from the relocation of a transmission shop from 6409 Cedar Avenue to 6958 Cedar Avenue. The property located at 6409 Cedar Avenue was acquired for the 66th Street/TH 77 Interchange bridge and ramp project. • The original Lease and License Agreements were set to expire on June 30, 2006. The Lease and License Agreements were continued via an amendment by the City Council in 2006, 2008, 2010 and 2012. • The parking lot has been successful over the years, remedying any parking problems in the area and the Transmission Shop is interested in extending the License Agreement. • MnDOT has provided an amendment to the Lease to extend it for another two years, after which time, additional extensions can be considered. The License Agreement is also being extended for the same term. • Barring any redevelopment in the area or use of the excess land by MnDOT, it is understood by all parties to the Lease and License Agreements that the excess land can be used until at least 2016. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • The original Commercial Lease and License Agreements allow for term extensions. • Amendments to the Lease and License Agreements are set for another two years. Term extensions can be made once the proposed term expires. C. CRITICAL TIMING ISSUES: MnDOT could terminate the Lease if the subject land is needed for highway purposes. Currently it continues to be considered excess right-of-way. The current Lease with MNDOT and License Agreement with The Transmission Shop are set to expire on June 30, 2016. D. FINANCIAL IMPACT: • There is no financial impact to the City. • Since this is essentially a "pass through" license agreement of a property we do not own, staff does not believe that the City could charge rent for use of this site. E. LEGAL CONSIDERATION: Kennedy and Graven prepared the original License and the Amendment to the License Agreement for the City. ALTERNATIVE RECOMMENDATION(B)LI Continue to Lease the property from MNDOT, but discontinue the License Agreement permitting The Transmission Shop use of the property. PRINCIPAL PARTIES EXPECTED AT MEETING: N/A ATTACHMENTS: Description Type D Lease with MnDOT Contract/Agreement D Transmission Shop License Agreement Contract/Agreement Minnesota Department of Transportation Metro District 1500 W. County Road B2 Roseville, MN 55113 651-234-7598 C. S. 2758(77=279)901 LEASE NO. 27692 PARCEL; 0009 AMENDMENT OF COMMERCIAL LEASE No. 6 THIS AGREEMENT, is made by and between the State of Minnesota, Department of Transportation ("Landlord") and City of Richfield ("Tenant"), and shall be an amendment and addition to Lease No. 27692. WITNESSETH: WHEREAS, Landlord and Tenant entered into Lease No. 27692 ("Lease") involving the rental of a commercial property; WHEREAS, the parties deem certain amendments and additional terms and conditions mutually beneficial for the effective continuation of said Lease; and NOW THEREFOR, Landlord and Tenant agree to substitution and/or addition of the following terms and conditions which shall become a part of the Lease No. 27692, effective as of the date set forth hereinafter. Effective on June 30, 2016, this Lease No. 27692 shall be renewed for a period of two (2) year(s) commencing on July 1, 2016 and continuing through June 30, 2018, with the right of termination in both Landlord and Tenant as set forth in the Lease. 2. Effective June 30, 2016, Sections 9 of the Lease are deleted in their entirety and the following Sections of the Lease is substituted thereof: 9, INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceled, except on 30 days' prior written notice to Landlord. 9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or equivalent form including Premises -Operations Liability, Products/Completed Operations Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than $2,400,000 each occurrence. If such insurance contains a general aggregate limit, it will be equal to or greater than $2,040,000 and apply separately to this Lease. Commercial Amendment Page 1 of 3 Zs1022 6/1/2016 The insurance shall name the State of Minnesota as an Additional Insured with respect to performance of the Lease. 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs covering Landlord, its officers and employees. 9.2 Tenant shall maintain during the full term of this Lease workers' corn pensation insurance with statutory limits and employers' liability insurance with limits not less than $100,000 bodily injury by disease per employee, $500,000 bodily injury by disease aggregate and $100,000 bodily injury by accident. If Minnesota Statute 176.041 exempts Tenant from Workers' compensation insurance or if the Tenant has no employees in the State of Minnesota, Tenant must provide a written statement, signed by the authorized signer of the contract, stating the qualifying exemption that excludes Tenant from MN Workers' Compensation requirements. If during the course of the contract the Tenant becomes eligible for Workers' Compensation, the Tenant must comply with the Worker's Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. An Umbrella or Excess Liability insurance policy may be used to supplement the policy limit to satisfy the full policy limits required by the Lease. 3. Effective June 30, 2016, Section 20 of the Lease is hereby deleted and the following Section is substituted therefore: Section 20 HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not cause or permit any hazardous substance or pollutant or contaminant to be used, generated, stored or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors or invitees. If the Tenant causes or allows the Premises to become contaminated in any manner by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any hazardous substance or pollutant or contaminant on the Premises, and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions approved by the Landlord to return the Premises to a condition that is in accordance with all applicable Federal, State and Local regulations. 4. The terms of the original Lease and its amendment(s) are expressly reaffirmed and remain in full force and effect. By this reference the original Lease and its amendment(s) are attached and incorporated into this agreement. Commercial Amendment Page 2 of 3 LS1022 6/1/2016 TENANT City of Richfield Signature Print Name Title Signature Print Name Title Date Date LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION By Tom O'Keefe, P.E. Metro Program Delivery Engineer Date Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT Title Date Commercial Amendment Page 3 of 3 LS1022 611/2016 June 14, 2016 AMENDMENT TO LICENSE AGREEMENT THIS AMENDMENT is made and entered into as of June 14, 2016, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation ("Grantor") and the TRANSMISSION SHOP, INC., a Minnesota corporation ("Grantee), and amends that certain License Agreement between Grantor and Grantee dated August 16, 2001. Recitals A. Grantor and Grantee entered into a License Agreement involving the use of certain land at 6945 Cedar Avenue, Richfield, Minnesota, depicted on the attached Exhibit A. B. The parties desire to extend the term of the License Agreement by this Amendment. Terms 1. Effective on June 30, 2016, the License Agreement shall be renewed for a period of two years, commencing on July 1, 2016 and continuing through June 30, 2018, with the right of termination as set forth in the License Agreement. 2. The terms of the original License Agreement are expressly reaffirmed and remain in full force and effect, except as modified by this Agreement. GRANTOR THE CITY OF RICHFIELD By Debbie Goettel, Mayor By Steven L. Devich, City Manager AGENDA SECTION: PROPOSED ORDINANCES AGENDA ITEM # 6. STAFF REPORT NO. 90 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: Jared Voto, Administrative Aide/Analyst DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 6/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the first reading of an ordinance repealing Section 910 of Richfield City Code pertaining to shade tree pest control and replacing it with a new Section 910 and schedule a second reading for June 28, 2016. EXECUTIVE SUMMARY: City Code references Minnesota Statutes that are periodically updated by the Legislature. From time -to -time housekeeping updates are needed to City Code to ensure references to Statutes are correct. Section 910 includes references to Statutes that have been repealed and requires a housekeeping update to reference current Statutes. In addition, with Emerald Ash Borer (EAB) found on private property in the city in March 2016, staff has included EAB as a public nuisance, similar to Oak Wilt and Dutch Elm Disease, allowing the use of special assessments for tree removals, if desired by the property owner. RECOMMENDED ACTION: By Motion: Approve the first reading of an ordinance repealing Section 910 of Richfield City Code pertaining to shade tree pest control and replacing it with a new Section 910 and schedule a second reading for June 28, 2016. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT None B. POLICIES (resolutions, ordinances, regulations, statutes. etch • Section 910 of Richfield City Code pertains to shade tree disease/pest control. • Chapter 89 of 2015 Minnesota Statutes pertains to state forests, tree planting, and forest roads, including control of shade tree pests. C. CRITICAL TIMING ISSUES: None D. FINANCIAL IMPACT: None E. LEGAL CONSIDERATION: The City Attorney reviewed the proposed ordinance and is available to answer questions. ALTERNATIVE RECOMMENDATION(51. None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type o Ordinance BILL NO. 2016 - AN ORDINANCE REPEALING SECTION 910 OF RICHFIELD CITY CODE PERTAINING TO SHADE TREE PEST CONTROL AND REPLACING IT WITH A NEW SECTION 910 THE CITY OF RICHFIELD DOES ORDAIN: SECTION 1. Section 910 of the Richfield City Code is hereby deleted in its entirety and replaced as follows: SECTION 910. - SHADE TREE PEST CONTROL. 910.01. - Declaration of policy. The Council has determined that the health of the trees in the city is threatened by shade tree pests, and the loss or ill health of trees growing upon public and private property substantially depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. In addition to and in accordance with Minn. Stat. §§ 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 910.03. - Jurisdiction. Except as otherwise provided by a permit issued pursuant to Section 810 or Section 811 of this Code, the city shall have control of all street trees, shrubs, and other plantings now or hereafter in any street, park, public right-of-way or easement, or other public place within the city limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs, and other plantings. 910.05. - Declaration of a shade tree pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest, as defined by Minn. Stat. § 89.001, to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest, including necessary timelines for action. 910.07. - Public nuisances defined. A shade tree pest, as defined by subsection 910.25, occurring within a defined control zone is a public nuisance. 910.09. - Shade tree pest nuisances are unlawful. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises the person owns or controls within the city. The nuisance may be abated as provided in this section. 910.11. - Tree Inspector. The Council may appoint a tree inspector to coordinate the activities of the city relating to the control and prevention of damage by shade tree pests. The tree inspector will recommend to the Council the detail of any program for the declaration, control, and prevention of shade tree pests. The tree inspector is authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term "tree inspector" includes any person designated by Council or the tree inspector to carry out activities authorized in this section. 910.13. - Abatement of shade tree pest nuisances. In abating a nuisance, defined under subsection 910.07, the organism, condition, plant, tree, wood, or material identified as injurious to the health of shade trees shall be removed or effectively treated so as to destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement procedures shall be carried out in accordance with the control measures and areas prescribed by section 910.25. 910.15. - Reporting discovery of shade tree pest. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a public nuisance caused by a shade tree pest as defined under subsection 910.07 shall report the same to the Public Works Department. 910.17. - Inspection and application of control measures. Subdivision 1. The tree inspector is authorized to inspect premises and places within the city to determine whether shade tree pests exist thereon and to investigate all reported incidents of shade tree pests. The tree inspector is authorized to take all reasonable measures to prevent the maintenance of public nuisances and may enforce the provisions relating to abatement in this section. Diagnosis of shade tree pests may be by the presence of commonly recognized symptoms; by tests as may be recommended by the commissioner of the Minnesota Department of Agriculture or the commissioner of the Minnesota Department of Natural Resources; or other reliable means. Subd. 2. Except in situations of imminent danger to human life and safety, the tree inspector shall not enter private property for the purpose of inspecting or preventing maintenance of public nuisances without the permission of the owner, resident, or other person in control of the property, unless the tree inspector has obtained a warrant or order from a court of competent jurisdiction authorizing the entry. Subd. 3. No person, firm, or corporation shall interfere with the tree inspector or with anyone acting under the tree inspector's authority while engaged in activities authorized by this section. 910.19. - Standard abatement procedure. Except as provided in subsection 910.21, whenever a tree inspector determines with reasonable certainty that a public nuisance, as described by this ordinance, is being maintained or exists on premises in the city, the tree inspector is authorized to abate a public nuisance according to the procedures in this subsection. Subdivision 1. The tree inspector will notify in writing the owner of record of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. The tree inspector shall keep a copy of the notice. Subd. 2. The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the city at the expense of the owner. The notice shall specify the control measures to be taken to abate the nuisance, and provide a reasonable amount of time to abate the nuisance. The notice will also state that the owner has the right to appeal the determination that a public nuisance exists by submitting a request in writing to the tree inspector within seven (7) days after service of the notice, or before the date by which abatement must be completed, whichever comes first. Subd. 3. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the tree inspector or designated person shall have the authority to obtain permission or an administrative search warrant, enter the property, and carry out abatement in accordance with the notice of abatement. 910.21. - Abatement procedure in event of imminent danger. Subdivision 1. If the tree inspector determines that the danger of infestation to other shade trees is imminent, and delay in control measures may put public health, safety, or welfare in immediate danger, the tree inspector may provide for abatement without following subsections 910.19. The tree inspector must reasonably attempt to notify the owner of the affected property of the intended action. Subd. 2. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. 910.23. - Recovery of cost of abatement; liability and assessment. Subdivision 1. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. Subd. 2. After notice and hearing, as provided in Minn. Stat. § 429.061 (which may be amended from time to time), the city clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges against each separate lot or parcel to which the charges are attributable. The Council may then certify the charges against the property to the county auditor for collection along with current taxes the following year or in annual installments as the Council may determine in each case. 910.25. — Declared shade tree pests, control measures, and control areas. Subdivision 1. Oak wilt. (a) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any species of the genus Quercus existing within the control area defined that has bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and contains to any degree any spore or reproductive structures of the fungus Ceratocystis fagacearum. (b) The control measures taken to abate oak wilt disease shall be in accordance with current technical and expert opinions and plans as designed by the state of Minnesota commissioner of agriculture or commissioner of natural resources. (c) The control area for oak wilt disease is defined as all lands within the boundaries of the city. Subd. 2. Dutch elm disease. (a) Dutch elm disease is a shade tree pest and is defined as a disease of elm trees caused by the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi, and includes any living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any species of the genus Ulmus existing within the control area defined that has bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and could contain bark beetles or any spore or reproductive structures of the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi. (b) The control measures taken to abate Dutch elm disease shall be in accordance with current technical and expert opinions and plans as designed by the state of Minnesota commissioner of agriculture or commissioner of natural resources. (c) The control area for Dutch elm disease is defined as all lands within the boundaries of the city. Subd. 3. Emerald ash borer. (a) Emerald ash borer is a shade tree pest and is defined as an insect that attacks and kills ash trees. The adults are small, iridescent green beetles that live outside of trees during the summer months. The larvae are grub- or worm -like and live underneath the bark of ash trees. (b) The control measures taken to abate emerald ash borer shall be in accordance with current technical and expert opinions and plans as designed by the state of Minnesota commissioner of agriculture or commissioner of natural resources. (c) The control area for emerald ash borer is defined as all lands within the boundaries of the city. SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Passed by the City Council of the City of Richfield, Minnesota this 28th day of June, 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk REPORT PREPARED BY: AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 7. STAFF REPORT NO. 91 CITY COUNCIL MEETING Jeff Pearson, City Engineer 6/14/2016 DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director 6/8/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of a Cooperative Agreement with Hennepin County for the County State Aid Highway (CSAH) No. 53 (66th Street) Reconstruction Project. EXECUTIVE SUMMARY: In advance of the upcoming reconstruction of 66th Street (County State Aid Highway No. 53) between Xerxes Ave and 16th Ave, City and County staff have negotiated the attached Construction Cooperative Agreement. According to the proposed agreement, the City of Richfield will participate in the costs of the contracted construction work for the project as set forth in the Division of Cost Summary in Exhibit A. The total estimated City of Richfield costs for the project is approximately $23,516,000. This amount includes the City cost share for the following notable project items: • Right -of -Way Acquisition (50%/50%) • Construction of Street, Sidewalk, and Bicycle Facilities • Construction of Roundabouts at Lyndale Ave and Nicollet Ave • New Traffic Signals (with Flashing Yellow Arrow Controls where feasible) • Reconstruction of City Utilities (Water, Sewer) and Storm Sewer (100°/x) • Undergrounding of Overhead Utilities (50%/50%) • Enhanced Streetscape and Landscape Elements RECOMMENDED ACTION: By Motion: Approve Construction Cooperative Agreement No. PW -22-19-16 between the County of Hennepin and the City of Richfield for the reconstruction of County State Aid Highway (CSAH) No. 53 (66th Street) from Xerxes Avenue South to 16th Avenue South. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Project Layout • The City Council approved the Preliminary Layout No. 4B from 1-35W to 16th Avenue at the October 28, 2014 meeting. • The City Council approved the Preliminary Layout - Low Impact from Xerxes Avenue to Oliver Avenue and Preliminary Layout No. 4B from Oliver Avenue to 1-35W at the December 9, 2014 meeting. • The City Council approved the installation of a roundabout at the intersections with Lyndale Avenue and with Nicollet Avenue (CSAH 52) at the February 24, 2015 meeting. Proposed Project Schedule • 2016 • 2017 • 2018 Pre -Construction Work (Demolition, Relocation of Private Utilities) Major Reconstruction of West Segment (Xerxes to 1-35W) and East Segment (Portland Ave to 16th Ave) excluding north sidewalk and driveways Completion of north sidewalk and driveways in 2017 construction area Major Reconstruction of Central Segment (1-35W to Portland Avenue) excluding north sidewalk and driveways City of Richfield Streetscape Work in 2017 construction area • 2019 Completion of north sidewalk and driveways in 2018 construction area o City of Richfield Streetscape Work in 2018 construction area B. POLICIES (resolutions, ordinances, regulations, statutes, etch • The 66th Street Reconstruction Project is included in the approved Five Year Street Reconstruction Plan and the City's Capital Improvement Plan. • The 66th Street Reconstruction Project has been identified as a priority in the City's Comprehensive Plan. • Hennepin County has submitted the plans to MnDOT for final approval. C. CRITICAL TIMING ISSUES: The Construction Cooperative Agreement needs to be approved to maintain the proposed project schedule and to not jeopardize federal funding. D. FINANCIAL IMPACT: The total project is estimated to cost $60 million with the following approximate contributions: • $9,600,000 Federal • $26,000,000 County • $23,750,000 City (includes reconstruction of City utilities) The following sources are planned for the City contribution: • Street Reconstruction Bonds ($15,200,000) • Municipal State Aid (gas tax) or City Utility Funds ($7,800,000) • Utility Rate Payers Fee ($750,000) E. LEGAL CONSIDERATION: The City Attorney has reviewed the agreement and will be available to answer questions. ALTERNATIVE RECOMMENDATION(Sl: Council may choose to take no action at this time; however, it is recommended that the Construction Cooperative Agreement be approved before the construction contract is awarded. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description Type D Construction Cooperative Agreement Contract/Agreement D CCA- Exhibit Contract/Agreement D CCA- Exhibit B Contract/Agreement CCA- Exhibit C Contract/Agreement Concept #4B Exhibit Minimum Impact Section Exhibit Agreement No. PW 22-19-16 County Project No. 1011 County State Aid Highway No. 53 City of Richfield County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2016 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Richfield, a municipal corporation under the laws of the State of Minnesota, and hereinafter referred to as the "City". RECITALS WITNESSETH: WHEREAS, the County and the City have been negotiating to bring about the complete reconstruction of County State Aid Highway No. (CSAH ) 53 (66th Street) from Xerxes Avenue South to 16th Avenue South as shown on the County Highway Engineer's plans for County Project No. (C.P.) 1011 which project contemplates and includes grading, drainage, bituminous surfacing, curb and gutter, sidewalk, bikeway, lighting, traffic signals, landscaping, and other related improvements, and which shall hereinafter be referred to as the "Project"; and WHEREAS, the above described Project lies within the corporate limits of the City; and WHEREAS, the County Highway Engineer has prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Thirty Six Million Seven Hundred Eleven Thousand Eight Hundred Forty Four- Dollars and Sixty Cents ($36,711,844.60). A copy of said estimate, marked Exhibit "A", is attached and is made a part of this Agreement; and WHEREAS, the City of Richfield has approved Preliminary Layout No. 4B from I -35W to 16th Avenue South for the Project on October 28, 2014; and WHEREAS, the City of Richfield has approved Preliminary Layout Low Impact from Xerxes Avenue to Oliver Avenue South and Preliminary Layout No. 4B from Oliver Avenue South to I -35W for the Project on December 9, 2014; and WHEREAS, the City of Richfield has approved the installation of a roundabout at the intersection with Lyndale Avenue and at the intersection with CSAH 52 (Nicollet Avenue) as part of the Project on February 24, 2015; and Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 WHEREAS, the City has recently awarded a construction contract for a storm water improvement project adjacent to the Project in the area of Monroe Park which facilitates the Project; and WHEREAS, the City and the County have previously entered into County Agreement No. PW 45-19-14 establishing the terms and conditions by which the right of way and easements required for the Project are to be acquired, and establishing future construction cost participation responsibilities; and WHEREAS, the City has indicated its willingness to participate in the construction, engineering and maintenance costs of the Project as detailed herein; and WHEREAS, the construction costs for the Project will be comprised of federal funds, county state aid funds, municipal state aid funds, and local funds; and WHEREAS, to ensure compatibility with the County's existing network of traffic signal systems the County will furnish the video detection equipment, controllers, control equipment and control cabinets to be installed as apart of the Project; and WHEREAS, the County and the City have also been negotiating to install streetscape and landscaping within the Project limits, in conjunction with the Project via a separate municipal project, hereinafter referred to as the "Streetscape Project"; and WHEREAS, the City will be responsible to develop the plans and administer the Streetscape Project, and the County has expressed willingness to participate in the costs of the Streetscape Project; and WHEREAS, the County will participate in the construction costs of the Streetscape Project; and WHEREAS, the County and the City have also been coordinating the undergrounding overhead electrical power lines within the Project limits, in conjunction with the Project via a City contract with Xcel Energy; and WHEREAS, the City will enter into a contract with Xcel Energy to underground overhead electrical power lines; and WHEREAS, the County has Roadside Enhancement Partnership Program (REPP) funds available and has expressed willingness to participate in the construction costs to underground overhead electrical power lines and in the costs to construct the Streetscape Project; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 2015, Section 162.17, Subdivision 1, and Section 471.59. Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 NOW THEREFORE, IT IS HEREBY AGREED: I -- Bids/Plans/Specifications The County will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to Minnesota law. The contract will include the plans and specifications prepared by the County and the City, which said plans and specifications are referenced and identified as S.P. 027-653-021 and S.P. 157-020-029 and approved by the Minnesota Department of Transportation (MnDOT). All design work performed by the City or its agents that is to be incorporated into the bidding documents for the Project must be prepared and certified by a Professional Engineer licensed in the State of Minnesota. All designs, which affect County facilities, must conform to MnDOT Design Standards applicable to County State Aid Highways. All plans and specifications must be made available to the County in a timely manner for periodic review as requested by the County. All plans and specifications must meet the approval of the County Engineer or a designated representative prior to being incorporated into the County's plans for the Project. The City must deliver to the County all original, reproducible, certified final plan sheets and specifications to be incorporated into the County's bidding documents. Reproducible final plan sheets must be permanent drawings on reproducible 11 inch by 17 inch sheets. The drafting on the plan sheets must be of such size and quality as will permit the making of readable, first class prints including clear reproduction of grid lines, symbols and legends. No adhesive backed material may remain on any final plan sheet. Bar scales must be used throughout the plan as necessary. It is understood and agreed that the City may deliver plans sheets in an electronic format acceptable to the County in lieu of the above stated reproducible final plan sheets. The City will retain ownership of its original plans and specifications prepared by it or its agents. Upon completion by the County of all reproductions deemed necessary for bidding and construction purposes said original plans and specifications must be returned to the city. II -- Contract Administration The County will administer the contract and inspect the construction of all the contract work in the Project. However, the City Engineer or designated representatives have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and will cooperate with the County Highway Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The City agrees that the County may make changes in the plans or in the character of said contract construction which is reasonably necessary to cause the construction to be in all things performed and completed in a satisfactory manner. The City also agrees that, subject to the Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 limitations in this section, the County may enter into any change orders or supplemental agreements with the County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Those changes may result in an increase or decrease to the City's estimated cost participation. The City will have the right to review any proposed changes to the plans and specifications as they relate to the City's cost participation prior to the work being performed. The County must obtain prior approval from the City Engineer or designated representatives for any change orders or supplemental agreements prepared by the County that affect the City's share of the construction cost. The City Engineer or designated representative shall have up to seven (7) calendar days to authorize the issuance of any negotiated change orders or supplemental agreements prepared by the County that affect the City's share of the construction cost. If the City Engineer or designated representative fails to notify the County within the seven (7) day period, the change orders or supplemental agreements shall be considered approved by the City. It is understood by the County that the City Engineer is authorized to approve change orders or supplemental agreements up to $100,000, and changes over said amount require City Council approval. Therefore, it is understood and agreed by the parties that change orders or supplemental agreements that require City Council approval will be processed in a manner to allow for inclusion on the next available City Council meeting and will not be subject to the above stated seven day period. The City Engineer or designated representative shall have up to seven (7) calendar days to authorize the issuance of any negotiated change orders or supplemental agreements prepared by the County that affect the City's share of the construction cost. If the City Engineer or designated representative fails to notify the County within the seven (7) day period, the change orders or supplemental agreements shall be considered approved by the City. The City agrees to participate in the settlement of any claims from the County's contractor if the claims are directly attributable to the City's unreasonable delay in approving plan or specification changes deemed necessary by the County Engineer or staff. The City agrees to participate financially in such claims, commensurate with the percentage of delay directly attributable to the City's actions or failure to act. III -- Cost Participation/Construction Costs The City agrees to participate in the costs of the contracted construction work for the Project as set forth in the Division of Cost Summary in said Exhibit "A". The respective proportionate shares of the pro -rata pay items included in Exhibit "A" will remain unchanged throughout the life of this Agreement. The parties acknowledge that the estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted construction work on the Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Highway Engineer's designated representatives will govern in computing the total final contract construction cost for Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 apportionment purposes. The parties agree that the final quantities as measured by the County Highway Engineer's designated representatives for contract pay items in which the City is participating are subject to review and approval by the City Engineer. IV -- Right Of Way Acquisition Costs As previously referenced, the City and the County have entered into County Agreement No. PW 45-19-14 establishing the terms and conditions by which the right of way and easements required for the Project are to be acquired, and have set forth the division of costs of properties acquired for these purposes. In addition, County Agreement No. PW 45-19-14 recognized that the City's anticipated source of funding for the Project may preclude its use for right of way acquisition. As established in County Agreement No. PW 45-19-14, the County agreed to only invoice the City for its share of right of way acquisition costs up to the City's available funding, anticipated to be $2,000,000.00; and the City agreed to pay a portion of the County's construction cost share for the Project in an amount equal to the City's remaining cost responsibility for right of way acquisition as established in County Agreement No. PW 45-19-14. It is estimated that the City will pay $3,591,700.00 of the County's participating construction cost share for the Project in addition to its own participating construction cost share as established in this Agreement. It is further understood and agreed that the actual amount that the City shall pay towards the County's participating construction cost share for the Project shall be the actual amount determined to be the City's actual share of the right of way acquisition costs as specified in County Agreement No. PW 45-19-14 less the City's available funding for right of way acquisition estimated to be $2,000,000.00. It is further understood and agreed that the City agrees to waive all city permit fees for disconnecting public utilities, including but not limited to sewer and water utilities, for all the properties acquired in total as part of the Project. V -- Environmental Assessment The County, at its sole cost and expense, has conducted a Phase I Environmental Assessment (ESA) and a Phase 11 ESA on the Project. If additional Phase 11 ESA's are required on any parcel, the parties agree that the City will reimburse the County for all costs the County incurs for the completion of the future Phase II ESA, at the same percentage used to acquire the parcel. If a Phase II ESA identifies contamination within the new right of way for the Project that must be abated, the County will hire consultants and contractors as necessary to perform the necessary abatement of the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any abatement required may be accomplished under a separate project or may be included in the Project. The County will investigate and exhaust all available options for payment of costs incurred related to any future Phase 11 ESA. This includes, but is not limited to, responsible Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 parties and governmental agencies. The City agrees to reimburse the County, at the same percentage used to acquire the parcel, all costs incurred by the County within the respective city for the completion of the environmental work performed on parcels associated with this Project for which the County does not receive reimbursement from other sources. VI -- En2ineerin2 Costs In addition to the City's share of the contracted construction costs for the Project, the City agrees to pay to the County ten (10) percent of its share of the contracted construction costs as the City's share of the engineering design costs for the Project, as set forth in the Division of Cost Summary in Exhibit "A". The City also agrees to reimburse the County for its proportionate share of the construction engineering costs for the Project, equal to eight (8) percent of the City's share of final contract construction costs for the Project. The City's estimated share of contract administration costs is shown in Exhibit "A". The parties acknowledge the amounts shown in Exhibit "A" are estimates and that the City's actual share of contract administration costs will be computed using the City's share of the final contract construction costs for the Project. As previously referenced the City or its agents have provided design engineering which has been incorporated into the bidding documents for the Project. It is understood by the parties that the City will only pay the County for design engineering performed by the County or its agents. VII -- County Supplied Equipment It is understood and agreed that the County will supply the traffic signal cabinet, controller and control equipment, and video detection equipment (County Supplied Equipment) for the traffic control signal systems installed as part of the Project. It is further understood and agreed that the City shall reimburse the County for its proportionate share of the costs for the County Supplied Equipment as set forth in the Division of Cost Summary in Exhibit "A". VIII -- Electrical Power Lines In conjunction with the Project, Xcel Energy will be burying overhead electrical power lines throughout the limits of the Project. It is understood by the parties that the City will enter into an agreement with Xcel Energy to accomplish said underground relocation of the electrical power lines within the Project's limits. It is understood that as a consequence of the burial of overhead electrical power lines, individual service feeds for the residences and businesses may need to be rewired in a manner to make the service feeds compatible with the newly buried electrical power lines. The City agrees that the City is responsible to coordinate with Xcel and the affected property owners regarding any individual service feed rewiring that may be required or desired. Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 The County, through its Roadside Enhancement Partnership Program (REPP), will participate in a proportionate share of the costs to underground overhead electrical power lines within the Project limits. As set forth in the County's Cost Participation Policy the County's proportionate share of the costs eligible for this funding source is fifty (50) percent. The County will pay the City an estimated $875,000 as its share of the costs to underground overhead electrical power lines in the City. The City agrees that the County's maximum cost participation in its share of the costs to underground overhead power lines shall not exceed $875,000. The County will pay its share of electric utility burial costs directly to the City rather than applying its share as a credit against the City's proportionate shares of the Project costs. It is understood by the parties that Xcel Energy will invoice the City for eighty (80) percent of the estimated costs to underground overhead electrical power lines prior to the start of the work by Xcel Energy. Upon receipt of said invoices and after execution of this agreement, the City will invoice the County for fifty (50) percent of the invoice received by the City from Xcel Energy. Upon completion of the work by Xcel Energy and acceptance of the work by the County Highway Engineer or a designated representative, the City will invoice the County for the remainder of the County's share of the costs. The County agrees to remit payment to the City within forty five (45) days after receipt of the City's invoice. However, if utility burial does not occur as originally planned along the corridor or if County funding exceeds actual final costs for the City to bury utilities, then the City will return to the County the remaining unutilized portion of County funds paid up front for the utility burial within the City. IX -- Streetscape Project Plans and Costs The City will develop all the necessary construction plans, specifications and proposals, for the herein defined municipal Streetscape Project. The construction documents must be developed in accordance with the most current "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS - TRANSPORTATION DIVISION; RECOMMENDED URBAN LAND SCAPE/STREETS CAPE GUIDELINES", a copy which is attached and marked Exhibit "B" and which is made a part of this Agreement. It is understood and agreed by the parties that the operational clear zone guidelines provided in Exhibit `B" may be modified in specific instances by the City upon approval of the County Highway Engineer or designated representative. The Streetscape Project must include the plans and specifications prepared by the City or its agents and approved by the County and by the Minnesota Department of Transportation Division of State Aid for Local Transportation. The City understands and acknowledge that the County intends to maximize to the fullest extent possible the use of County State Aid funds to reimburse the City for the County's share of the costs for the Streetscape Project. The County expressly reserves the right not to pay the City for the County's share of the costs if any action or inaction by the City causes MnDOT's State Aid Engineer to determine that the County's costs are not eligible for State Aid funding. 7 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 It is understood that all work to be performed under the Streetscape Project must be finished upon completion of the construction activities of the Project. It is anticipated that the CSAH 53 corridor from CSAH 31 to Humboldt Avenue and from Park Avenue to 16`h Avenue respectively (Stage One) will be ready for streetscape activities in calendar year 2018. The City agrees to administer its Streetscape Project and perform the required engineering, inspection and testing for the Streetscape Project. The County Engineer and staff have the right, as work progresses, to make any inspections deemed necessary, but will have no responsibility for supervision of the work. The County will participate in the costs of the Streetscape Project. The County's participation in the costs for the Streetscape Project is estimated to be $900,000 as set forth in the Division of Cost Summary in Exhibit "A". The County will pay its share of the Streetscape Project costs directly to the City rather than applying it share as a credit against the City's proportionate shares of Project costs. Upon completion of the Streetscape Project, the City will submit an itemized invoice to the County for one hundred (100) percent of the County's share of the costs for the City's Streetscape Project, with supporting documentation for all invoiced costs. The County agrees to remit payment to the City, within forty-five (45) days after receipt of the invoice. X -- Proiect Costs/Invoicing/Payments The proportionate shares of the various costs associated with the Project have been identified and set forth in Articles TIT through IX of this Agreement. All of those costs are included in tabular format in Exhibit "A". For informational purposes only, the estimated amount the City is to pay the County as its share of the costs is $21,841,514. The City acknowledges that the stated amounts are estimates and that the actual payment amounts will be based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement. It is understood and agreed by the City and the County that the City shall pay the County for its share of all Project costs described in this Agreement and as shown in Exhibit "A" (contract construction costs, engineering costs, right of way costs, environmental studies and County Supplied Equipment), on the following dates and in the following amounts: • $2,500,000 - upon Agreement execution • $7,200,000 - May 1, 2017 • $3,100,000 - July 1, 2017 • $5,000,000 - May 1, 2018 • $4,041,514 - May 1, 2019 Notwithstanding anything to the contrary herein, the parties agree and understand that the final payment on May 1, 2019 will be adjusted to reflect final actual costs in each of the categories of expenditure described in this Agreement and as shown in Exhibit "A". Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 It is understood and agreed by the parties that the City shall request of the Minnesota Department of Transportation (MnDOT), a State Aid advancement in the amount of $3,100,000 so that the City may fulfill its cost participation obligations as described above. In the event MnDOT does not approve the City's State Aid advancement request, the $3,100,000 payment due the County on July 1, 2017 shall be included in the City's final payment due the County in 2019. It is further understood and agreed by the parties that the County will be authorized to invoice the City on December 15, 2017 for the City's 2018 payment and on December 15, 2018 for the City's 2019 payment. Payments by the City for all Project costs shal I be made to the County, in the name of the Hennepin County Treasurer, by the City for the full amount due on each date stated above, subject to adjustment in the amount due on May 1, 2019 as described above. XI -- City Utilities It is understood that the City has designed and recently constructed a storm water improvement project adjacent to the Project in the area of Monroe Park, said city storm water project being known as the "West Richfield Storm Water Improvement Project" and identified as WSB Project Number 1532-97. It is further understood by the parties that the City has designed and will award a contract for said West Richfield Storm Water Improvement Project to provide for storm water flow from CSAH 53. In recognition of the contributing storm water flow from CSAH 53, the County will reduce the City's right of way cost participating share due the County by the lump sum amount of $310,000.00. Similarly, the County acknowledges the effort put forth by the City and its consulting engineers during the preliminary and detail design phases of the Project. In recognition of the City's effort, the County will reduce the City's construction cost participating share due the County up to $110,000.00. Said reduction will be made after receipt by the County of copies of the final invoices for the three City consulting engineering contracts noted below: Short Elliott Hendrickson, Inc. - street lighting design ($25,000.00) Kimley-Horn and Associates, Inc. - public and stakeholder engagement ($40,000.00) Kimley-Horn and Associates, Inc. - public and stakeholder engagement ($45,000.00) The City has expressed an interest in hiring a consulting engineer to assist the County in its inspection of municipal utilities installed during construction of the Project. Subject to the approval of the County, the City will request in writing the County's approval of the consulting engineer the City will hire. In recognition of the City's effort, the County will reduce the City's construction engineering participating cost share due the County by the actual costs incurred by the City to provide said municipal utility inspection up to a maximum of $200,000.00. Said reduction will be made after receipt by the County of copies of the final invoice from the City's consulting engineering. It is understood by the parties that the County will not reimburse the Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 City for City staff time spent on the Project. It is further understood and agreed by the City that said consulting engineer hired by the City will have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Highway Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. XIi -- Interest on Late Payments All payments due to a party must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the non-paying party. Each party must pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the disputing party, the party who received payment must reimburse the disputed amount plus daily interest thereon calculated from the date the disputed amount was received by that party. Daily interest will be calculated at the rate of one (1%) percent per month on the disputed amount. XIII -- Records/Data All records kept by the City and the County with respect to the Project are subject to examination by the representatives of each party to this Agreement and are subject to examination by the State Auditor or Legislative Auditor for a minimum of six years from the end of this Agreement pursuant to Minn. Stat. § 16C.05, subd. 5. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City and County pursuant to this Agreement shall be governed by Minnesota Statutes, Chapter 13, as amended, and any other applicable state statutes and state rules adopted to implement Chapter 13, as well as any state laws and federal regulations relating to data privacy. XIV -- County Permits The County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highways included in the Project for any installation of underground utilities that would be considered as new work; service cuts must be allowed for the maintenance and repair of any existing underground utilities. XV -- No Parking Signs As part of the Project, "No -Parking" signs shall be installed as represented in the plans and the City, at its expense, agrees to provide the enforcement for the prohibition of on -street parking on those portions of CSAH 53 constructed under this Project, recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. The City agrees not to modify the above parking restrictions without first obtaining a resolution from the Hennepin County Board of Commissioners permitting the modification. 10 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 The City, at its own expense, agrees to remove and replace city -owned signs that are within the construction limits of the Project if requested by the County's Project Engineer. XVI — Traffic Control Signals The City will install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals, flashers and integral street lights to be installed as part of this Project, at no cost to the County. The City also agrees to provide the electric energy for the operation of the traffic control signal systems and integral lights at no expense to the County. Similarly, the City agrees to provide the electric energy for the operation of the street and pedestrian lights included in the Project at no expense to the County It is understood and agreed by the parties the signal timing for the traffic control signal systems included in the Project shall be determined by the County. The City further agrees not to revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the traffic control signals, however, nothing in this section prohibits prompt, prudent action by properly constituted authorities in situations where a part of the traffic control signals may be directly involved in an emergency. Upon completion of the Project, the County will be responsible for the operation and maintenance of the traffic control signal systems installed as part of this Project, at the County's cost. However, the City shall be responsible for maintenance of all EVP components and shall coordinate said maintenance with the County. In addition, the City at its sole expense agrees to maintain the fuse, the luminary and the wire to the load side of the fuse in the base of the signal poles. The EVP Systems provided for herein must be installed, operated, maintained or removed in accordance with the following conditions and requirements: Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Section 169.011, subd. 3 and 169.03. The City will provide the County Engineer or his designated representative a list of all such vehicles with emitter units. 2. The City agrees to report malfunctions of EVP Systems to the County immediately after discovery of the malfunction. 3. In the event the EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components will become the property of the County. 11 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 4. All timing of EVP Systems will be determined by the County. It is understood by the parties that the Project includes traffic signal service cabinets designed for battery backup in case of electrical power outages for the traffic control signal system included in the Project. It is understood that the County or its agents will be responsible for providing the initial batteries, inverter and cabling for said service cabinets and will be responsible for providing replacement batteries, at the County's discretion. XVII-- Ownership/Maintenance of Project Components Upon their completion, all water distribution system components, municipal sanitary sewer systems, concrete sidewalk, concrete bikeway, fencing, street and pedestrian lighting and all municipal street construction included in the Project will become the property of the City, and the City will perform all maintenance, restoration, repair, replacement or other work or services required thereafter at no expense to the County. It is understood that maintenance of the intersecting municipal streets begins at the back of curb of CSAH 53. Upon their completion, all streetscape, landscaping and associated landscaping structures shown in the plans for the Project and Landscaping Project, will become the responsibility of the City and the City will perform all maintenance, restoration, repair, replacement or other work or services required thereafter at no expense to the County. The City agrees to maintain the streetscape, landscaping and associated landscaping structures in accordance with the attached "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS - TRANSPORTATION DIVISION; RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES" (Exhibit "B"). Upon completion of the Project the County, at its own cost and expense, will retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways, as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, drainage structures, ponds, storm water treatment structures and cross road culverts, will become the property of the City and must be maintained by the City. Each parties' maintenance responsibilities for the storm sewer drainage system are shown pictorial in the attached Exhibit "C". If, at any time in the future, the storm water trunk lines constructed as a part of this Project are reconditioned and/or replaced, the costs of reconditioning and/or replacement must be apportioned between the County and City by contributing flow. It is understood and agreed by the parties hereto that upon completion of the Project, all routine maintenance on the retaining walls and integral fencing constructed as a part of the Project shall be the responsibility of the City. All questions of maintenance responsibilities that may arise will be jointly resolved by the 12 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 City's Director of Public Works and the County's Department Director for Operations. The parties understand that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The City, at its discretion, will remove snow that may be placed on the sidewalks and/or pedestrian/bicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAH 53 within the limits of the Project. This paragraph is not intended to confer a benefit upon any third party, and the City's decision regarding snow removal is at the City's sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails. XVIII -- Indemnification The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. XIX-- Liability/Insurance Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Chapter 466, as a waiver of any immunities or defenses available to the City or the County under law, or as the City or County accepting liability for the acts or omissions of the other under Minnesota Statutes, section 471.59, subd. la. To the fullest extent permitted by law, this Agreement and the activities carried out hereunder shall be construed as "cooperative activity" and it is the intent of the City and County that they shall be deemd a "single governmental unit" for the purposes of determining total liability as set forth in Minnesota Statutes, section 471.59, subd. la(b). The County and the City each warrant that they are able to comply with the 13 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 aforementioned indemnity requirements through an insurance or self-insurance program. XX -- Employees of Respective Parties Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City will not be considered employees of the County, and any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein will in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County will not be considered employees of the City, and any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein will in no way be the obligation or responsibility of the City. XXI -- Designated Representative In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County and so as to accomplish the purposes of this Agreement, the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. The County Engineer or designated representative will prepare weekly progress reports for the Project as provided in the specifications. Copies of these reports will be furnished to the City as requested. XXII -- Entire Agreement/Amendments/Termination It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 14 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 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 all of the parties. Except as otherwise set forth herein, this Agreement may be terminated by the mutual written agreement of the parties. XXIII-- Non -Discrimination The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XXIV-- Recitals Incorporated The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part of this Agreement by this reference. XXV-- 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 of parts which are void or unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. XXVI-- Bindin6 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 for the benefit of any third party. XXVII -- Governing Law This Agreement shall be governed by the laws of Minnesota. XXVIII -- Force Majeure Neither party will be responsible to the other for a failure to perform or a delay in performance under this Agreement, if some failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. is Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 XXVIX-- Notices Any notice of 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) by certified mail, (ii) by email, provided that the recipient of such notice acknowledges receipt by email or otherwise in writing, or (iii) in person to the other party addressed to the following representatives: Hennepin County City of Richfield County Highway Engineer Director of Public Works 1600 Prairie Drive 1901 E. 66"' Street Medina, MN 55340-3410 Richfield, MN 55423 (this space left intentionally blank) 16 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) CITY OF RICHFIELD By: Mayor Date: And: Manager Date: 17 Agreement No. PW 19-22-16 CSAH 53; C.P. 1011 COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: By: Assistant County Attorney Date: APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: 18 By: Chair of its County Board Date: And: County Administrator Date: And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: County Highway Engineer Date: RECOMMENDED FOR APPROVAL By: Department Director, Transportation (Road & Bridges) - Operations Date: ) | [ [ r (/ . . �pis | ! 12 ))§!§§.! `) .§} §!)�,■.,l; t! �§!! � .§: §) ..[ ))[ �! , ,l §!§§(\ §§�;,|§§|§ [\((§�(\ | t ;§§|§) : .,,,.,.-1;;:l�`!!!§!!| [ [ milli I g d milli IIIIIIII IN omme 11 goin 11 NIPPON MINNIE Iiiiiiiiiiiiiiiiiiiiiill MINNIE 111111 g d \ § 5- E E |0 {k /j Mill E mill \ § 5- E E |0 {k /j � .. ^ . . . . . �B B �� w g 5 �8�0 � 0 3 & _ _ o G _ - 'o - s 3 'a o � � G _ � b a � � M p_ � 3 � w � 3 � z 3 0 �� a � z � G - d£sd ��- a�� ��� w� w� ago a m �� o co C O1 O (/J U. =a a- C L �x =w ■ w g 5 �8�0 � 0 3 & _ _ o G _ - 'o - s 3 'a o � � G _ � b a � � M p_ � 3 � w � 3 � z 3 0 �� a � z � G - d£sd ��- a�� ��� w� w� ago a m �� o co C O1 O (/J U. =a a- C L �x =w x Z s a =dao �sW>� wM i 3 F G _ - outgo osg�'-mow df'oo o�a�m ■ 4Milli. . . . . . . . . . . . ..... ........ ..... x Z s a =dao �sW>� wM i 3 F G _ - outgo osg�'-mow df'oo o�a�m 111011111111111111 1. . . . . . . . . . . Eo o co c Q m SW ■ Eo o co c Q m SW HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TRANSPORTATION DIVISION RECOMMENDED URBAN LANDSCAPE/ STREETSCAPE GUIDELINES ansportatian Division Engineer Revision No. 0 Date _04 j03Z95 APRIL, 1995 Hennepin County Agreement PW 22-19-16 Exhibit "B"; Sheet 1 of 8 April 3, 1995 TABLE OF CONTENTS Parc e INTRODUCTION .......... 1 RECOMMENDED GUIDELINE CRITERIA . . . . . . . . . . . . . . . . . . . . . I • Boulevard . .. 1 0 Crosswalks . ............... • Curb . . . . • Irrigation 2 • Landscaping/Streetscaping , , , , , , , , , , , , , , , . . . , 2 • Medians . . . . . . . . , , , • Operational Clear Zone . . . .. ................... 3 • Right of Way . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 3 • SidewaIks . . . . • Signals, Signing and Other Traffic Control Devices 4 • Snow Storage-.. . 4 • Street Lighting . 4 • Trees . . . . Util ities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PERMITS . 5 FIGURE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Hennepin County Agreement PW 22-19-16 Exhibit T": Sheet 2 of a April 3, 1995 HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TRANSPORTATION DIVISION RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES APRIL, 1995 INTRODUCTION Hennepin County Department of public Works' Transportation Division (Division) has as a delegated function and responsibility to maintain a system of roadways that provide transportation for residents of the County in a safe, efficient manner. Year around safety requires adequate sight distances and a minimum operational clear zone that can also accommodate snow storage. The Division has prepared this Recommended Urban Landscape/Streetscape Guidelines (Guidelines) to more consistently and thoroughly respond to questions about urban landscape/streetscape design practices. All landscape/streetscape plans must be prepared and signed in accordance with the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design. The City Engineer shall also approve and sign the title or cover sheet for those landscape/streetscape plans. The City Engineer must also evaluate sight distances along the project and assure the Division,. in a report, that sight distances are adequate. The placement of obstacles or fixed objects, such as structures, trees, etc., within Hennepin County's right of way shall be cause for the Municipality to assume legal liability and additional maintenance responsibility through a Cooperative Agreement. RECOMMENDED GUIDELINE CRITERIA The following is an alphabetical listing of the Division's recommended guidelines for landscape/streetscape design. The criteria listed is not all inclusive or necessarily complete. Requests for more clarification should be addressed to the Division Engineer or his/her designee. Figure 1 at the end of this document contains a .summarization of the recommended operational clear zone guidelines. • Boulevard The Division prefers a low maintenance boulevard. Snow and ice control methods may prevent the survival of some desired vegetation. The Municipality has the responsibility for mowing and the maintenance of facilities behind the curb. - 1 - Hennepin County Agreement PW 22-19-16 Exhibit "B". Sheet 3 of 8 April 3, 1995 Crosswalks Crosswalks shall conform to the Minnesota Manual an Uniform Traffic Control Devices (MMUTCD). The County's standard crosswalk is a block type pattern, painted white, on top of bituminous or concrete pavement. Municipalities have the responsi- bility to maintain pavement crosswalk markings. after the initial painting. Non-standard crosswalk surfaces (such as decorative brick, -colored aggregate, etc.) shall require prior approval by the Division. Municipalities shall have the responsibility to install and maintain any crosswalk surface, as well as the abutting material, if the crosswalk surface is not consistent with the road surface. The municipality shall also indemnify the County for the use of a non-standard crosswalk surface. • Curb Curb design must conform to Hennepin County's Standard Design and the State Aid manual. Curb and pedestrian ramps must comply with the Americans With Disabilities Act (ADA). Irrigation Water from irrigation systems shall not flow or spray onto the traveled roadway or onto any County owned structures such as traffic signal components and signage. Concrete gutters shall collect excess water from irrigation systems and not allow water to flow across roadways (gutter in). Effects of subgrade saturation shall be addressed when irrigation systems are proposed. Provisions, such as perforated pipe, shall be included for the pickup and disposal of irrigation water. The Division will not allow an open cut for installation or maintenance of irrigation piping within three years of construction, so consideration should be given to installing irrigation piping within a sleeve for -roadway crossings. Maintenance and repair of the irrigation system is the responsibility of the owner. • Lands caping/Streetscapina Roadway geometrics and driver sight distances shall be considered when installing landscape items. A report indicating adequate sight distances have been maintained is required for all access points along the project. The report should consider all elements obstructing a driver's vision such as trees, shrubs, pIanti ngs/planters, structures, etc. Any loose landscaping material, such as bark, must have an adequate means of containment that will prevent the material from spilling onto the roadway or sidewalk. The Municipality shall be responsible for maintaining such material, if installed, and for removing the material from the roadway or sidewalk if the material spills onto those surfaces. Loose landscape rock is not permitted within Hennepin County's right of way because of problems caused during mowing, etc. -z- Hennepin County Agreement PW 72-19-16 Exhibit "B"; Sheet 4 of 8 April 3, 1995 The Municipality or owner has the responsibility to trim all plantings and to maintain visibility. Hennepin County's responsibility for landscape/streetscape restoration, after any County activity, shall be limited to top soil, sad or seed. Restoration of specialty lands cape/ streetscape items, sidewalks and plantings shall be the responsibility of others. The Division prefers traffic controlsignage to be located behind the sidewalk. landscape/streetscape should not obstruct the view of signage. Landscape/ streetscape should make allowances for placement or future expansion of utilities.within the right of way. Traffic control during maintenance of landscaping shall comply with MNUTCD far traffic control. • Medians The division can supply typical design standards for raised and depressed medians. Median drainage is a concern of the Division and discussed with the Division's Deshould be sign Section. The Division's guideline does not allow planting trees within the median unless there is the minimum operational clear zone for the posted speed limit (see Operational Clear Zone). Plantings, including raised planting beds, in medians shall not be higher than 3 feet from the bottom of the curb gutter line, however, sight lines must still be checked. Plantings should be kept as far back from the face of curb -as possible to minimize disturbance due to snow plowing (see also Irrigation). If the Municipality proceeds with placing plantings within Hennepin County right of way, then the Municipality has the responsibility to trim plantings to maintain sight lines. • Operational Clear zone To facilitate the safe operation and maintenance of a roadway facility, an operational clear zone is required. Encroachment into the operational clear zone causes safety and maintenance concerns. The Division standard provides an operational clear zone of 6 feet from t h e face of curb where posted speeds are 35 miles per hour (MPH) or less. For speeds greater than 35 MPH to 45 MPH, the Division standard provides a 10 fast operational clear zone. The required operational clear zone for speeds over 45 MPH shall be analyzed on an individual basis by the Division (see Figure 1). • Right of Wav Streetscape/land scape items within the County's right of for the public and owned by the Municipality. Hennepin allow private enhancements within the County's right of -3- way are reserved. County does not way. Hennepin County Agreement PW 22-19-16 Exhibit "B"'. Sheet 5 of 8 April 3, 1995 Y Sid dewa_ 1 ks . The Division recommends a sidewalk with a minimum 5 foot width and prefers the sidewalk be placed 6 feet from the face of curb to accommodate snow storage. Si nals Signing and other Traffic Control Devices All traffic control devices must comply with MMUTCD. For urban cross sections, the Division recommends traffic signs be placed at least 6 feet from the face of curb to the edge of sign. Sign placement is preferred behind the sidewalk. The location of utilities should be considered with regard to future sign placement. in areas where there is no sidewalk, clearance to the signage should be at least 6 feet from the curb or edge of shoulder to allow for snow storage and/or future. sidewalk(see Snow Storage). Landscape/ streets cape should not obstruct the view of signage.. Traffic signals shall have the Division's other color scheme requires prior review require the Municipality to maintain the Division. Lead based paint shall all not be current Mn/DOT specifications. • Snow Storage standard type and color. Any and approval by the Division and Paint system at no cost to the used. Paint must comply with The Division requires minimum operational clear zones for snow -storage along the -side of the road based on the posted speed limit. The requirement of an operational clear zone for snow storage allows the Division .to efficiently clear roads of snow and help maintain the road's traffic carrying capacity. Inadequate snow storage will reduce lane widths., adversely affect traffic handling capacity of the road andprevent trucks from using the partially blocked traffic lane: Roads that are not cleared of snow along the curb to the storm drain can also cause drainage problems when the snow melts. The Division may require that the Municipality obtain an easement if there is inadequate snow storage available within the right of way as a result of landscape/streetscape structure placement. In areas where landscape/streetscape structures cause inadequate room to store snow off the road, the Municipality will be required to either move or haul away the snow (see Introduction for legal liability and maintenance requirements) . • Street Lighting Street lighting must be functional and meet appropriate standards for illumination. Special consideration should b� given to eliminating glare and shadows. Questions nn lighting should b: re -jarred to the Division's Design Section. - 4 - Hennepin County Agreement PW 22-19-16 Exhibit "B"; Sheet 6 of 8 April 3, 1995 • Trees Trees, in general, can obstruct the view of signs and signals. Prior to the placement of any tree, sight lines should be evaluated that includes consideration for fully mature trees and their canopies. The Division standard does not sanction the planting of trees on County right of way within the operational clear zone (see Operational Clear Zone). Planting coniferous trees is discouraged within Hennepin County's right of way. . Tree grates in sidewalks or paved areas, unless properly installed and maintained, can be a hazard to pedestrians, people with disabilities, and snow removal operations, etc. The Municipality assumes all liability for the placement of any tree grates or other obstacles within the County's right of way. Irrigation, if deemed necessary, should be limited to a trickle type system (see Irrigation). The Division does not contribute to the replacement of any streets cape/ landscape alteration as a result of any highway maintenance, modification or utility work.. • Utilities Underground utilities that do not extend above the surface may be placed within the County's operational clear zone. Above ground utilities, however, should be placed outside the County's operational clear zone. PERMITS The Division's Permit Office shall be informed of all construction or maintenance work within the County's road right of way. Traffic Control and time of work must be approved by the Division' prior to beginning any work. (Example: Parking in a traffic lane during rush hour is not allowed.) -5- Hennepin County Agreement PW 22-19-16 Exhibit "B"; Sheet 7 of 8 FIGURE 1 HENNEP IN COUNTY DEPARTMENT OF PUBLIC . WORKS TRANSPORTATION DIVISION RECOMMENDED LANDSCAPE / STREETSCAPE GUIDELINES UR TYPICAL ROADWAY - CROSS SECTION 0 C 2' GUTTER OPERATIONA CLEAR ZONE AND SNOW STORAGE PLACEMENT OF TREES TIES. FIXED oeL]Fr TR RECOMMENDED PLACEMENT OF SIGNS BOULEVARD FACE OF CURB POSTED SPEED LIMIT MINIMUM OPERATIONAL CLEAR ZONE 35 M.P.H. OR LESS 6 FOOT (FROM THE FACE OF CURB) GREATER THAN 35 M.P.H. TO 45 M. P. H. 10 FOOT (FROM THE FACE OF CURB) GREATER THAN 45 M.P. H. ANALYZED ON AN INDIVIDUAL BASIS BY THE DIVISION. APRIL 1995 R Hennepin County Agreement PW 22-19-16 Exhibit "B".- Sheet 8 of 8 I JM_ _ i W lul�1 _p1 lJHJI8 i0 ALI o r YN303 jn Alli \C]lp! I I I � F_ Q0 c9 � 0 to �\ O LM t 00+501. 'tl15 0 f Y� 3NIl H31 VM � N I lolol l i N Z ,� 4 O a PEI -,UP \ F v a \ N W N F K .I C? V1 1� a N ... ... G M � r M LO u'I r z T ]AV S3XH3X wz a a --- -- ;-f�---- Z z I" — z lmlN\ a w \ `I 1 M 2 In m i I mI J N r W FF 1111 a N (� p N 0. O N a m W � \ � O U O 2 4 V W � w W = �w csz J i;iii = H q S m s yj .�- ¢ io m 'm a_ w Zi s z ix ! / *d 'D C7 a xW m e a s \o _ m � U o 4 I `Im CCG i tiJ I 1 a U l I Q = N 'm Ln a \ ti• 3 4 � O 4 N w W d p G Z h 2 4 r o W w 6 F o Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 1 of 33 C}nL `; J /V�J\ I W \ c � Q� ` r• ----------- \ f11 � lo k- \ Ir 1PO �A 0 CL c CL c • 000 N N (\ + Oln c Z N LO OW Z W I I w� = 111 N 4 Z V M CL dLLI co N LA F_ Q0 c9 � 0 to �\ O LM t 00+501. 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Sheet 2 of 33 a w � x —� 0o'9z+ S 3AV SdwOHi o C 00+L L L 'VISLn a .+ 3N I I HDAN IL to a a No srsv nn•nw - Ln 1+1 W w -�F - til R x N _ � 00•YY+ I .J W Q M � ti N o N ' r-- 00 DDW _ CW? = SI I - i � w ~ 4 Q •Sa-i. ------ --- � J J W Q a �3 - = o000+ S 3AV NOldn J 4 Y Z } .. 610, :00'91+ o m C LU C-5 W SID v; - - ______� 0 3 t g 4 SI W � � N t/1 _ 00'69+, e 00'0>r o g Ym- - - - -_ z z IT J� _ F OQ'il+Ox ~ � ♦ —7d ry NZ - — CN .v ♦ / Was ZQ 00.05+ Do+L L L •V15 c a 3NII 01M f -- -- -- 7-s S IAV INION I A m� 5 x Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 3 of 33 O W V+ Nr C N N I � � o O To o N u Z O _ OQ+�ZL 'Fits 4 rl N a - 3N17 �17YV a a 1111111 N F- ------------------------- F o a �I C> LL a N M F- ------ - - N ~ z In d U N oa a a Q z Z N `\ r-: Q z LO W 3 x x t. Lu N F l%F W ;i 00'05♦ C = N M w Q� ■ 4 �_ Ul o. �c�ilm� -�„ QQ'BZ+ = J N U co l I h O J J (L V) 00'DOF '.Lf - - p Ln x O 00'06+ - - +.I "' 6 00 U - u W J N z _ U IY-F DQ' - w _ o 4 O y 8 4L m. of W.d 1 3 CD V)~ QQ'QQF O o C U + Q `i W I u N w � p CL I 1 0019s+Ln = - s r ry ON � z TITS -1 =Vd IE � < S 3Ae SVHOHI Ul s 00,W+ �O 3Ni3 HEMI F I ¢ J Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 4 of 33 0 06'05* - A ` U O Hennepin County Agreement PW 22-19-16 Exhibit"C Sheet 5 of 33 w x to � '00•gy+ w � � N O O m 00+62 I Z N ati 3NIl HUM a ti .teills 3SVIIIt W dtl C? w G °' N LL d N K o C, r r a7 z to 3' 1 � 7 O w V N + U 2 O � M I z w z - Hennepin County Agreement PW 22-19-16 Exhibit"C Sheet 5 of 33 '00•gy+ w o = r - SCO' � C W vl a � LLJ LIDm a 4499 e 4 N M W M z N r 3' 1 � 7 J Ln - _ I "' o CL \ W y a ? a 8-1 0.a 31 N 2 G L --------- yy. �1 `\. s 3AG N33no ? N U 00 N O 2 W z F a La a Q _ 00 .,-- 0 0 �� 8 I o w 4 3NI l HOLM a N x a a f uu ----------------- w a � z '� wx v=i a a u z i w i m zz Jw W w 0 — - _ - I•e t: IF: ! O �z. 0 z i a h z s g U r zW _ •� u o { N w I _---I--" ---- i O 00 go+ = s 3Ad N33no 0 0�� Hennepin County Agreement PW 22-19-16 Exhibit"C Sheet 5 of 33 '00•gy+ w o = r - SCO' � C W a � LLJ LIDm a 4499 e 4 N w 3' 1 � 7 J - "' o CL \ a ? a 8-1 31 N 2 G L �1 `\. ? a 5 and ��3ssnd 2 W z a La 0 0 �� 8 00+M 'VIS J o w 4 3NI l HOLM a N x a a f ----------------- w a � z '� wx v=i a a u z i w i m ai a Hennepin County Agreement PW 22-19-16 Exhibit"C Sheet 5 of 33 Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 6 of 33 � W = N m Q \ N m I 75 N N O W N 2 � � Y N Q ri r 00+5£l 'V1S J c Ln 3NII H31VR d r W o 1f1 LU a w ry 5099 1194 W N � r M mo o o r N + 2 o m� UO i — Qy � G5 a � a lu ........ M P M ....... ......... - Z Z f/l 1� 11 W x S AV 83A 0 fn M Z m dj N Lu C] �n.aa oo N U oF0 LJ J g — - N IL m 4� 9099 9099 o W x �. � � "1 m ; Q w V7 l 1 I to• ; 0-j 1 I g m , 00'Lf+ -' IN a d aM u O 00+Z I �E0. fir" S iO i a 3ATI 'D L41 oz J -- 'y $ � `--' aJ � IW � o � 3H1 30 A 1VN011VN J C �, N _ In Ws m � L 'S ]AV NN3d mo' �� r O5+ t0' GI Z2 HS� �-� re o � 0 2199 0 3 T 1 Iml�S „1 T£ 8099 NM3nyl S,AONVS Y g w 510, V � IN I 7,;to 00+621 •V1S ve 1 � 3NI l H)1VYi =o IoW a s �� - --. — A3llV a / \/ l H () - -- . YEN � z a Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 6 of 33 BZS9 8099 y�o I Hennepin County Agreement RW 22-19-16 Exhibit "C".- Sheet 7 of 33 N 0 US9 i 4 BZS9 8099 y�o I Hennepin County Agreement RW 22-19-16 Exhibit "C".- Sheet 7 of 33 .Q L r- ' S..L U m L.L i f 4--' C C S ]AV NV080N I o Av. `Z l N O T J " F u "S 3Ad ti xo �+ a N O } \ M Z N dl o h O w U N O 6099 .. Q 47 Q Z a a Z z N Q F 4 ff w = LD lA O N � M ct 1••i J N F 1(i J w ff = N w q qt m LO' N U pp N N J - - _ \• •00+ Z s a a N _ n q4 �~.. � `0010� • � I � w ,� I Q W Q P F cc a afY x N K Z 00105+ W- cr W u4 u1 y W A w -- so jp•� S and` N JQ i:_:__:, u .Q L r- ' S..L U m L.L i f 4--' C C S ]AV NV080N I Av. N O 3NII HOIYN J " F ti LL a a N O } \ M Z N dl o h O w U N O 6099 .. Q 47 Q Z a a Z z N Q F 4 ff w = LD lA O N � M ct 1••i J N F 1(i J w ff = N w q qt m a N U pp N N R � 00 "OD+ WEE+ 1199 �,I Hennepin County Agreement PW 22-19-16 Exhibit "C", Sheet 8 of 33 S ]AV ON[Adl 00+651 'V1S 3NIl HOiffl 9099 1 �I ep95 W = M m o e � m m b o � w M N E Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 10 of 33 � \z � wu wz NZ v C O------------- Q) f 1 0 6F59 Um� � m Q = S ]Ad 101OONnH S ]AV ON[Adl 00+651 'V1S 3NIl HOiffl 9099 1 �I ep95 W = M m o e � m m b o � w M N E Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 10 of 33 Hennepin County Agreement PW 22-19-16 Exhibit "C"'. Sheet 11 of 33 o W a N `Z l � � N m N O VUI Z 4 J O O N d O � F C3 C3 a �n W p 1"I IT17: 'Ol+ 00+y91 a w --- a 3NIl H�17YY M � 1 �� � z N F ❑ z m 1 � O V N O s g 1 I $ m W u Z a s - z z mt- 3 u 1 m 4 Q W _ ■ � Q _ - U �~ M5£ H1 L M M x m ZJ Ul W Y N Lal f LLLJJ 1m1m� Ito' ' rel i1 v d VS N z ee M+ 10' 'Z8+ - -- - - .. v oFo z W- li • --: w�' x i 1H3 M54 FIl ilUilgi xa zm — � W 1 1 I `• _ ti i i i caIJr Z 4 J 1C; N u CL 00,0 0010 19 Ir K Ili x¢\` \N; G UO J1 \ l0 w \ � LO nl S ]A QOYd1J n UIQ ¢ ¢ a� (D y N y 2ig 6 O jIA�` �Inlj =Mz Ri bt99 - - I � 6099 z199 � o u .. __i - - - - - - - - - - - - - - - - - 1 -- 2 ---:- 00+65L '7Is ~ 3N I l H017Y1 w p 1 4x �i Y W E 1 Hennepin County Agreement PW 22-19-16 Exhibit "C"'. Sheet 11 of 33 a m � o 00 *00s O O O i 8099 Z N w o OO+OLf '7!S - - -- - <0 3NI i H3l7PI a 4 w IA w p Q o N v = r :) h m Z �.. o W N - Qo w Z p W + c9 a o zZ W .. •n rl Z z 4 W 4 F N M N s u 3i w m F W rn LLcr N 13 10.E d cc }ac 0 1099 J" e x t LLJ WL YS 6 0 vai LL_ 00,U+ ib' m 9z+ m m = - - -z J 3 ]'. y 31 U - S 3Ad NOSd3N3 9 C W C OG4 \ w SLp, `o a 8099 •a CA 0655 2N i Ta r ♦� > I��.' as a4 SLo' p0'ZP4 I 9 0 OSI rt_ :i o IUITl \� . m. \------------`- ---------------W ,41 T1 - pp.Z t -- - - -- �an1n� P T 1{ 4 a O N !N3 A5 H! 9I+ i I � I iIX3 ■S5 Hl w g 3 � -- n n OO+b91 '715 a J I O L+ > 3NIZ H317ri f ' S!o' 1l d MS2 Hl 1 ❑ ¢ j Y 'O Hennepin County Agreement PW 22-19-16 Exhibit "C", Sheet 12 of 33 S 80 3dOHS 301 o• o�°�` Lvw �, w w 1 = 1 C 1 f 1 �Q aX Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 13 of 33 W N ,punk 2lb/0 t6 � Il�u iiiLLL O = pp•OOr W N a J Z i O zE 3N11 H�S7MV a a .moi i.�\ r v a m I Tc: � W N iro• '• I m � W LL O 4 N W V r Q W r ~ z m z In i40• a u O + W Lal L�LI 0 a < m o WN CL € J w a - ,100.00, z z m o w Q z Ip 0 ai m z ----- ----- w _ 1 M F M W 0. S N r------------- V/l 6 1 1 W � ry I Ln m r 1 � I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N (D ;, I C ' W C I I, X� 6 w o• o�°�` Lvw �, w w 1 = 1 C 1 f 1 �Q aX Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 13 of 33 W N H \ O 00+9LL 'VIS a N a zE 3N11 H�S7MV a a .moi r v a � W N iro• '• I m � W LL O 4 N - ~ z m z In i40• a u O + W N Z O WN O a w a - z z m o w Q z Ip ai m z 1 M F M W 0. S N r------------- W a a I Ln m r 1 � I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N _ - - oq I I, X� G 1 i � J w I I I wv� " o w oQ 0. r B d C 5099 00•os+ _ �o m o CO.40 m m °CA - �Q QDDMNA m " � W 4 F N y} 4 b099 � w w z o• o�°�` Lvw �, w w 1 = 1 C 1 f 1 �Q aX Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 13 of 33 0 00}184 i'l �ao N 3N1 00 •, 4 W z N o� z u � r N O " r x s u --------- lsl0 7ti � I - - pn'0l# 0 z n (D C6 �i � r 1 LLj J t W w 0 / WLL R ti a N O W d 3 Q a W W W 6 � Ld nx — iQ W 1 L. CL � c7 N CW7 00'5!+ - z a a N e bv m � � Ir W w 20 I I I La M U CL t/1 M -- - ON J - J - is OIQ\ 0 Z S J r � aW Za J W V N 00,0 o " rum W Q N J •� nS N N r O 94 Oho N �F Fn 00 •, 4 W z N � N N O " Ir�In/ Z o N ui- n C6 �i � r 1 5 INI t W w 0 / WLL R ti a N O W d 3 Q F } NI ~ kn 7 ID �.e', •00'56 - � c7 N z 00'5!+ - z a z 0 z m � � Ir W 20 F La M i.. M -- - ON J J 11 y h OIQ\ 0 Ln J W N =IL o " rum W Q N J •� nS N N r O Oho N M Eby. Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 14 of 33 •n ti u 1 Iul7� > J d 3 Q N z m � � F i.. OIQ\ 0 o " N •� u YY x, / e d ',, / o W y ~ ♦� F N w O` uai Eby. Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 14 of 33 Hennepin County Agreement PW 2219-16 Exhibit "C"; Sheet 15 of 33 0 i9 SZ vSi 1i i93 NOlirnO3 i Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 16 of 33 00+551 Al 1 HMW4 i 0 i9 SZ vSi 1i i93 NOlirnO3 i Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 16 of 33 l `5 e- z I Y I s <4 I I 1114 .I I I 'LI 11 _ I I 'I I •^ _ 3 I I I f' O Q 69S 133HS 33S - 3NIl HDI M l II 1M v (U ry O Ur L Q X C W C9 _ ESS 133HS 33S - 3NII HIVVI m I I l I I I I I � \\ I 1 I � I I a I I -- J a I r I Q1 O o W Mo M 0 Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 17 of 33 Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 18 of 33 W w i N m W O I�IN1 1 O u ylp• r 004661 'VIS Q ti 3 ° - ;00'00+ 3NII KUM Y 1�• N W O r ¢ ••I LL a N o _- M ZLO U N w ti a f dl a a 4 w En > r J a W Irz a N i - --------- `a N O In If to f W K b 11 1 G = N o 00'9Y+ ,,, u w Q 't OO'00 I N N 7 Z - V N O LLJ - 09•Y0+"' vi _ ..ISI'{b+ 09'Y6+ uQo Q ca Oil• 1110' W o s m w S and 1NdSd31d s�¢� ---- W O P QQ'CjQF O_ _ •a in zap wi a o Q. W C3 a) ~NO w • I{ L �. W 1 1 Iall Q S C W m o 1 I I 0 CL 1 I Slo t4 O U aQ 00+ N fWWY _ a Lr)40L WJ ... I/m�NR Ln_ y` N •' 4 fit 4 � � � J L�.\. ul � � V • y s 'E- vi e ' of •`� - _ _ ¢ LLO _ _ ;•�•00, 7.� y i F m a l,a c IN1 h O N • �,\�• W 93 t 9 00P35YK+6 HOIITf103 y a i B3 U 3A ONV89 . ` 00+261IS V15 f 3N [ l H51VW g _ V e a� - - - - - of - - i rl X11 II� 2Ny z O Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 18 of 33 W Jr 00+SOZ 'tlSS 3Nll Haim am, w NN b N W W Jr 00+SOZ 'tlSS 3Nll Haim am, w NN b N Hennepin County Agreement PW 22-19.16 Exhibit "C"; Sheet 19 of 33 N w O Y, ^i m 6 � O uVi O � U O U � •� oW m g m o T- 9 0 T F 6 2 N W � K 6 O F N � W w � W 2 O Hennepin County Agreement PW 22-19.16 Exhibit "C"; Sheet 19 of 33 Hennepin County Agreement PW 22-19-16 Exhibit "C' ; Sheet 20 of 33 a i U W I 'V!s Oolzt 3Nll HO1VW oo'oo« �w N om N r J p LO N 3hI0Z MJYHS wore= OInV U10Ytl 4 N I� I IN 1699 31190R F F v a w +n ana is3e w 0 � ' S a N a o - 1 r Z n W O n N a IL wa: X Z v, a N W W M = xW 1311 2 J w N F N m cN / Z5 H 300 wIl. J m N a � SE z w r y e m n ,,II11UUnn�� r Z = Ui lfi J CD Mil 0 LD W I I x N o i`�a'i rr i .`IM pu7J a a N K Z 3 F w LU 3 a o 1N3 ou ' -,• 00+�Oz vis 3N[l HO1VW I 1991 1 .- 1 , a Hennepin County Agreement PW 22-19-16 Exhibit "C' ; Sheet 20 of 33 a Di; N c O Q U) W^ ry O `_J ME C9S L33HS 33S - 3NII H31Vri i \\ lel III II C awYz �O m O W M c M 0 Hennepin County Agreement PW 22-19-16 Exhibit "C"'. Sheet 21 of 33 ■ ■ Q ■ ■ £9S_ 133HS 33S - 3N]l H3MI O U C ' I ' I 4 I I Ww I Ck LLJ _ -- - I I d W ' I .- c� a N-0 a I o LLJ W I . ��a l o W �, I I � I (\j I Ln--- I a in s ,i i U I I I I 10 m O W M c M 0 Hennepin County Agreement PW 22-19-16 Exhibit "C"'. Sheet 21 of 33 Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 22 of 33 0 tS9 N OO+bZZ 'tl1S 3NII H —55 V1 S ]A Hennepin County Agreement PW 22-19-16 Exhibit "Cl: Sheet 23 of 33 w N � r - z" J o 1099 i G N i fi09 z 410 �i r e: N N LL K a N } O 00'05*r F — o M z m U h N } 2 O .' q a a 00 z w z _ Q 4 W 0 \ M 0099 � V099 9099 M In H D. W ce , v 00'05+ LW G V O Vl N • N N 10' a I � N 4 � � 3 m• lo• � g T $ e _-- 6099 mo I r o' S AC aNZ `i r N Eti , LI a e 111= 0099 i i P— F 16 \a.7 .amu w — I 4 o. N6 w 4 � 6 _ _ = 00+92 'tll5 ;;.�. 3N I l HOiMlk s� f Y u C I T I u¢i c Hennepin County Agreement PW 22-19-16 Exhibit "Cl: Sheet 23 of 33 o 3NII HDIVY4 89E 7 E N7 JlddV 1± 6459 3N I I HO1VY4 -TE-11 S 3AV a82 II II I 3AV HiV --- — --- --- P099 —TOOIJ9 OW S 3, V NOINI�J O Hennepin County Agreement PW 22-19-16 Exhibit "C". Sheet 24 of 33 O 7,9 a; LLJ >1 CL (D VI LJ FQ G 0 LO U (I c: c To- ------------ I 6459 3N I I HO1VY4 -TE-11 S 3AV a82 II II I 3AV HiV --- — --- --- P099 —TOOIJ9 OW S 3, V NOINI�J O Hennepin County Agreement PW 22-19-16 Exhibit "C". Sheet 24 of 33 N `A� / I , ,I a� ,I � I�Irv`�i1 00+0H '71s 3NII HDiVN b9f < TT EE' Ul v OQ+9KZ '715 — 3N I I H31M i � Y 0 O U 0099 Q a3SO13 a N011v1S m SID BIVl�N15 Y 1 Li I ^ a O t— Z - - - I +n w I M J I I W 199 ��•I I�IN1 '1� I � �mIMS II II w I \ W 2 � Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 25 of 33 1 - - - - L 6 Z � AV 00 SP } irw 1099 LLIJ 00•SY+ o a Y N 0099 a o a jW O 5 uIMN W — x 4o v 4 I UIMI ` I 1 _ LL = ; 1 c � 0 � z I N j — W E rc o ! z - 099 5699 W �., a. o i N o lw I �a a o a i Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 25 of 33 1 - - - - L 6 Z � AV 1b } Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 25 of 33 0 ry I '1 rcpLLl-'yl I I o I ca ' I I 00+2vz 'V1S ti H 3NI3 HON I I id ,i l Y S ane ON -VII Od_ I / S2 HdSO i� o z Y a .a � � v S m 0 w •z _ m ^ Y 04C3 a: Uj ti M V J N V Q V j H W G roma r. Q rf a 4 --- L099 LL 3A ioholnv L41 � a _ to z Z Q ws z $ � C W ' 1 I I a I LACL ' 1 I � VI b n19 99. 9.9 £S 1 NDILVnO3 z o % 00+9£Z 'Vis id ,i l Y S ane ON -VII Od_ I / S2 HdSO i� o .a I � •z _ m ^ Y 04C3 a: + < a+ c M V N V Q V j H W G roma r. rf --- L099 - 3A ioholnv L41 v }I 473HY l4'19r9£i £S 7 b n19 99. 9.9 £S 1 NDILVnO3 % 00+9£Z 'Vis _ rr N O M a M 0 Hennepin County Agreement PW 22-19-16 Exhibit "C", Sheet 26 of 33 Hennepin County Agreement PW 22-19-16 Exhibit "C". Sheet 27 of 33 W� =o N r~ I 1i 1 I � ^n o Q 00+8 t'Z IY1.] N G M O I - 3N 11 H31VY4 - - - (L LO ti - F c� a i +W m 0 m LL a N v z LO z za ? N Ly - a i w a N + 4099 6099 N 2 Z N o a Z - m s �+ 0 I' N r LLI -,F CD J = I I E- S E�--E 3Ad snew ioo N a M. -T - V1 W ase r r'1 i M - rl�nl i -1 iGY � 0099 !- u N.L CD b J l V) W`� d L I I - ✓Y I M LIl � D o _ ' a- � H a 1499 "yy1 z i I _ �o I - 1 S RV Tadd fr w w o� w �a I �I ❑ iolo/'W'�i+� �w a I / I I 8099 00+ZOZ I ti I II 0099 -- vi o 3NI l HD1VW s 1 J F- I I II U =a Hennepin County Agreement PW 22-19-16 Exhibit "C". Sheet 27 of 33 o 1 I I I I O I � I W OO+hSZ 'Y1S 3N] l HOiVY4 r 1 i N c� a m x � N F N N p N J C N a .t m } W a R L, LL d N z I O � z In D a� O U N + WIL Z O m fV Z Z N V1 L 6 OM .J CC 2 N WINN w ¢ a U M N U 00 F _ I N N I m1�5 I�� n S a " i N i S (p J J ----------------------- •• m 'm x u Ip o A I - c m _ a r 7 s C y S 3Ad OOVDIHO g O b 0099 m € 2 a o w � a � w F m rn yr � S J urn � i 0 00+8OZ 'VIS o C6 tc � a , Hennepin County /Agreement PW 22-19-16 Exhibit T" I- Sheet 28 of 33 I wpm y-+ i. I I^ V,� •y/ I I k ■ 4 ■ 0 CL 1. N i 1 v Z Z v it L a � r _ o 0 u U I W - CL _ w 0.x S U3 i w W cr 1 1 ' ' W L 1 1 N Y I I w z n ✓I 0. a u � � I I N c� a m x � N F N N p N J C N a .t m } W a R L, LL d N z I O � z In D a� O U N + WIL Z O m fV Z Z N V1 L 6 OM .J CC 2 N WINN w ¢ a U M N U 00 F _ I N N I m1�5 I�� n S a " i N i S (p J J ----------------------- •• m 'm x u Ip o A I - c m _ a r 7 s C y S 3Ad OOVDIHO g O b 0099 m € 2 a o w � a � w F m rn yr � S J urn � i 0 00+8OZ 'VIS o C6 tc � a , Hennepin County /Agreement PW 22-19-16 Exhibit T" I- Sheet 28 of 33 l N o i 00+09Z 'V1S >: " W1 1 H31VP4 00'08+:: _ I y; 1099 IZ99 JI 4 m=rET[1 S RV 1 MII II �yi i4@ si Z a � I 1 rc _ m � o d i S k v � 0 Z Lli =_ Z J = IIp J a W a LL U � O cr �W a LL1 C9 J_ W a � xw y V ---- - c I Q Q m " W ® Q W N OIMr( I _ I W o r N ] 6©6 v o S rcsa 1 H = Ik i s 00+e�z vls 3N] l HDAN 1 ' I I ' I 1099 IZ99 JI 4 m=rET[1 S RV 1 MII II �yi i4@ si a a Hennepin County Agreement PW 22-19-16 E=xhibit "C". Sheet 29 of 33 I a a Hennepin County Agreement PW 22-19-16 E=xhibit "C". Sheet 29 of 33 a m w � = m N � r � -I _ i l L G � I N 1 W Z `m' f 00+99Z 'VIS ¢ •�, n 31 3N [ l H%VA v � v a W O •i oa os+ sC6 3Ad Hl2 N 0. N o z m 31 TE W Z O ZO a - W= W m� I r m _ } J z vdi I N G M Q4l J o ui w v! jFn w .. CL \ G m W U j�p '�' � 2 W d W N U 06 n \ i W J uW m ' V)n� 9 N — — � N Z `Q 1 �✓ v L W p s and HlzL ,W C Ma Q o M a z � . 4 C4u i z mho �••••• •� � - =lP/ w 1 0 2:: z \a':. ¢ O ."1 c � I � 1 z • z µo 109+ ----. - - - - - - -F 00'044 zo. m rc 1 d d 00'04+ a 00+09Z 'VIS m 3N!l HO1VA a99 € u r 1 i lmlml � � 5 s o f Hennepin County Agreement PW 22-19-16 Exhibit "C"; Sheet 30 of 33 Ev W � w a h .: �I_ ,ter ^-. ------------- S 1S 3Ad His N 00+ZlZ 'visLO ae 3NIl HOOK a 0+ —v a 1 1 v.�•.riEWJ . - _ - -- - D ��u �lllyyyy I O Z = 1 r I W v cw z I O WLO gY r n= CL O m w u ?.o I 4 a W LA W In w - IL li W a 1 INm I Q _ IL N _____ cl a ° W Q r w J a Q ; �3----------- LU - ----- w Ir LLJ -- ;n 0 m g S 3Ad Hibl m ZD' c m e -00'01+. SID• o �O K W N O^ I I 7 q �3..l1 P N . 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K �. K TMa . E A.go MEo . E Rx IL, �A oE. �r a; I 66th Street West of Nicollet Design influenced by the following Guiding Principles: Guiding Principles: Multimodal Design Multimodal Design Design for People Connectivity and Public Realm Sustainable Solutions Design for People Sustainable Solutions •Healthy and Active Lifestyles Project Goals Achieved 0 Pedestrian 0 Transit 0 Recreational Bicyclist d Commuter Bicyclist 2 Vehicle Safety 2 Environmental 2 Maintenance goEw. K �. K TMa . E A.go MEo . E Rx IL, �A oE. �r a; I 66th Street West of Nicollet Design influenced by the following Guiding Principles: Multimodal Design Connectivity and Public Realm Design for People Sustainable Solutions Healthy and Active Lifestyles Ak4 : A 4, A" -i R � Project Goals Achieved Q Pedestrian • Transit • Recreational Bicyclist 0 Commuter Bicyclist • Vehicle Safety • Environmental Q Maintenance 11 i Ra,Eo uE.A� i 2TT .� I��`"T J ® h.- ndAssoociates,In- 66tH Street Reconstruction Project rile design influenced by the following Guiding Principles: Multimodal Design Connectivity and Public Realm Design for People Sustainable Solutions llealthy an d Active Lifestyles f y. iJ�_ L[7 CY7 Project Goals Achieved Q Pedestrian Q Transit 0 Recreational Bicyclist ❑ Commuter Bicyclist ❑ Vehicle Safety 2 Environmental Z Maintenance 1s , -As 1 Kim ley}))HornI �n 66 Street Reconstruction Project 91 fJViED aW Thrill"W TlI1R1L TW�7IAY LT it.7SI✓lf TIII1V E nlnuLAW 11MU SEIAJ1Fh 118E 115E PATI I a7.s -As 1 Kim ley}))HornI �n 66 Street Reconstruction Project AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 8. STAFF REPORT NO. 92 CITY COUNCIL MEETING 6/14/2016 REPORT PREPARED BY: William Fillmore, Liquor Operations Director DEPARTMENT DIRECTOR REVIEW: William Fillmore, Liquor Operations Director 6/2/2016 OTHER DEPARTMENT REVIEW: N/A CITY MANAGER REVIEW: STEVEN L. DEVICH 6/8/2016 ITEM FOR COUNCIL CONSIDERATION: Consideration of the bid minutes and tabulation for the Cedar Avenue Liquor Store remodel and upgrade and authorize a construction contract from Ebert Construction Inc., Corcoran, MN in the amount of $782,200.00 and bid alternate #1 for $20,718.00. EXECUTIVE SUMMARY: At the February 23, 2016 Regular City Council meeting, Council authorized a capital improvement and directed staff to proceed with the remodeling and upgrade of the municipal liquor store located at 6600 Cedar Avenue South. Store Renovation Plans The renovation of the current Cedar Avenue liquor store will include a major overhaul of the entire building and property improvements. The plan would increase cooler space by 34% and sales floor shelving by 23%. The parking area will also be expanded and arranged to ease traffic movements in peak customer activity periods and after final parking dimensions are determined, the city will then seek bids for that portion of the project. The current monument sign may potentially have to be relocated due to a new parking configuration. Both the parking improvements and relocated free- standing signage will be separate projects and bid separately. Improvements include: • Roof Replacement • Concrete Sidewalk Replacement • Bituminous Mill and Overlay Parking Area (Separate bid) • Pneumatic Entry/Exit Door Replacement • Product Refrigeration Equipment (Compressor, Fans, Doors, Product Shelving) • Numerous Interior Appointments (Exposed Ceiling, Polished Concrete Floor, Exposed HVAC Vents) • Restroom and Office Relocation • Sales Floor Product Shelving • Wall Graphics and Isle Product Identification Signage • Exterior Signage • Point of Sale Counters • Exterior Canopy Replacement Over Entryway • New, relocated pylon sign, closer to Old Cedar Ave. (Separate bid) RECOMMENDED ACTION: By Motion: Approve bid minutes and tabulation for the Cedar Avenue Liquor Store remodel and upgrade and authorize a construction contract from Ebert Construction Inc., Corcoran, MN in the amount of $782,200.00 and bid alternate #1 for $20,718.00. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • City Council discussed an upgrade of the Cedar Avenue liquor store at the 2015-2016 Council/Staff Budget Review. (August 24, 2015) • Much of the mechanical equipment is 30 years old and in need of replacement. • The Cedar Store Interior is outdated and in need of refreshment. • Customer vehicle traffic and parking is difficult to maintain during peak sales periods. • City Council directed staff to examine possible land acquisition to expand the store's current location and deferred action at the January 26, 2016 Regular City Council meeting. • City Council reviewed new store analysis, and felt that upgrading the existing structure and expanding parking would be a more prudent plan and to proceed with the project at the February 23, 2016 Regular City Council Meeting. • Advertisement for Bids was published on May 5 and 12, 2016. • Nine responsible bidders submitted bids for a 2016 renovation that were publicly opened on May 24, 2016. • Ebert Construction Inc., Corcoran MN, submitted the lowest bid. • Ebert Construction performed a similar upgrade to the Lyndale Liquor store in 2013. B. POLICIES (resolutions, ordinances, regulations, statutes, etcy • Council approval is required for all expenditures over $100,000. • All contracts over $100,000 require sealed bids by public notice. C. CRITICAL TIMING ISSUES: The acceptance of the bid tabulation and the award of contract will allow the project to begin in early September with a pre -determined completion on, or before November 4, 2016. D. FINANCIAL IMPACT: • Project estimate was $800,000-$1,000,000. • The lowest bid submitted by Ebert Construction Inc. was for $782,200.00. • This project can be paid for with Liquor Funds in 2016. E. LEGAL CONSIDERATION: NA ALTERNATIVE RECOMMENDATION(S): The City Council could decide not to make any improvements to the municipal liquor store located at 6600 Cedar Avenue South. PRINCIPAL PARTIES EXPECTED AT MEETING: Ebert Construction Representative Mike Klass, WOLD Architects ATTACHMENTS: Description ❑ Bid Advertisement ❑ bid tabulation Type Backup Material Backup Material SECTION 00 11 13 ADVERTISEMENT FOR BIDS RICHFIELD LIQUOR STORE — 2016 RENOVATION 6600 Cedar Avenue South Richfield, Minnesota The City of Richfield will receive single prime sealed bids for Richfield Liquor Store — 2016 Renovation until 2:00 pm local time on May 19, 2016 at the Richfield Municipal Center — Bartholomew Room, 6700 Portland Avenue South, Richfield, Minnesota 55423,at which time and place all bids will be publicly opened and read aloud. Bidding documents, including the Proposal Form, Drawings and Specifications, will be on file at the Offices of the Architect, Wold Architects and Engineers, 332 Minnesota St. W2000, St. Paul, Minnesota 55102. (651) 227-7773; at the Minneapolis Builders Exchange; Builders Exchange at St. Paul; McGraw Hill Construction/Dodge Plan Center; Reed Construction; iSgFt Plan Room (St. Paul, MN); and from P1anWell at www.ersdigital.com. This project includes: Renovation of the interior retail areas, including demolition, polished concrete flooring, casework, concrete block and gypsum/metal stud partitions, VCT, paint, new refrigeration unit, mechanical ductwork, lighting, and power. Exterior work including demolition to include the following: new automatic swing entry systems, storefront systems, new metal wall panel system, re -roofing, and mist. tuckpointing and cleaning of stone. American Reprographics Company, 4730 Park Glen Road, St. Louis Park, Minnesota 55416 (952) 697-8800, facsimile (952) 697-8803, will provide complete sets of the Bidding Documents to prospective bidders and subcontractors. The copies will be available around April 27, 2016. Both a deposit check in the amount of $70 and a non-refundable check in the amount of $30 made out to "City of Richfield" for each set ordered are required or Bidding Documents may be ordered via the internet at http://www.e-are.com/mn/saintlouispark.and clicking on the P1anWell icon, then the Public Plan Room icon, select "Richfield Liquor Store — 2016 Renovations". The following information must accompany the deposit: Company name, mailing address, street address, phone and facsimile numbers and type of bidder (i.e. General, Mechanical or Electrical Subcontractor to General, or other). A refund of $70 will be sent to prime contractors who submit a bid to the Owner and subcontractors for each set (including addenda) returned to American Reprographics Company in good condition within ten (10) calendar days of the award date, subject to the conditions of AIA Document A701. Refunds will not be given if the plans are returned to the Architect's Office. Make proposals on the bid forms supplied in the Project Manual. No oral, telegraphic or telephonic proposals or modifications will be considered. Submit with each bid, a certified check or acceptable bidder's bond payable to City of Richfield in an amount equal to five percent (5%) of the total bid. The successful bidder will be required to furnish satisfactory Labor and Material Payment Bond, and Performance Bond. Bids may not be withdrawn within thirty (30) days after the scheduled time of opening bids, without the consent of the Owner. The Owner reserves the right to accept any bid or to reject any or all bids, or parts of such bids, and waive informalities or irregularities in bidding. On site construction activities may not begin until September 12, 2016. The facility will be closed for business for one (1) - seven (7) week period of time for demolition and new construction. The Owner requires Substantial Completion of the project on or before November 4, 2016. City Council Ctl11b, 70to]uslIIa111110 WE No. 152160 00 11 13-1 Advertisement For Bids CITY OF RICHFIELD, MINNESOTA Bid Opening May 24, 2016 2:00 p.m. Richfield Liquor Store — 2016 Renovations Bid No. 16-05 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Elizabeth VanHoose, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the Richfield Liquor Store — 2016 Renovations, as advertised in the official newspaper on May 5 and May 12, 2016. Present: Elizabeth VanHoose, City Clerk Bill Fillmore, Liquor Operations Director Dave Conrads, Building Operations Manager Mike Klass, Wold Architects and Engineers Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: The City Clerk announced that the bids would be tabulated and considered at the June 14, 2016 City Council Meeting. Elizabeth VanHoose City Clerk Bid Addendum Responsible Alternate #1 Bidder's Name Bond Nos. 1-4 Bidder Base Bid Mechanical Upgrade CoBeck Construction Co. Yes Yes Yes $ 828,990.00 $ 24,379.00 South St. Paul, MN Ebert Construction Inc. Yes Yes Yes $ 782,200.00 $ 20,718.00 Corcoran, MN Jorgenson Construction Inc. Yes Yes Yes $ 849,000.00 $ 20,300.00 Minneapolis, MN Meisinger Construction Yes Yes Yes $ 895,000.00 $ 22,600.00 South St. Paul, MN Parkos Construction Yes Yes Yes $ 815,800.00 $ 21,000.00 West St. Paul, MN Westin Construction Yes Yes Yes $ 908,000.00 $ 24,253.00 Burnsville, MN Derau Construction Yes Yes Yes $ 899,500.00 $ 28,000.00 Burnsville, MN A&L Construction, Inc. Yes Yes Yes $ 968,000.00 $ 22,500.00 Maple Grove, MN CM Construction Co. Yes Yes Yes $ 1,100,000.00 $ 19,500.00 Burnsville, MN The City Clerk announced that the bids would be tabulated and considered at the June 14, 2016 City Council Meeting. Elizabeth VanHoose City Clerk