03-24-2020 Regular AgendaREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
MARCH 24, 2020
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Pledge of Allegiance
Open forum
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.
Approval of the Minutes of City Council Meeting March 10, 2020
AGENDA APPROVAL
1.Approval of the Agenda
2.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.Approve a resolution amending the allocation of the 2019 General Fund Budget.
Staff Report No. 45
B.Consider the approval of a resolution authorizing the submission of the 73rd Street Safe Routes to
School Project funding application for Federal Surface Transportation Program (STP) funds.
Staff Report No. 46
C.Consider the ratification of a $36,000 contract change with WSB and Associates, Inc., for final design
services and environmental documentation for the 77th Street Underpass Project and authorize the City
Manager to approve contract changes up to $175,000 without further City Council consideration.
Staff Report No. 47
D.Consider the approval of a Small Wireless Facility Collocation Agreement with Cellco Partnership d/b/a
Verizon Wireless, that sets forth the terms and conditions of collocation on wireless support structures within
City right-of-way.
Staff Report No. 48
E.Consider the approval of a bid tabulation and award of contract to Bituminous Roadways Inc. for the 2020
Mill and Overlay project in the amount of $2,239,139.50 and authorize of the City Manager to approve
contract changes under $175,000 without further City Council consideration.
Staff Report No. 49
3. Consideration of items, if any, removed from Consent Calendar
CITY MANAGER’S REPORT
4.City Manager's Report
CLAIMS AND PAYROLLS
5.Claims and Payroll
COUNCIL DISCUSSION
6.Hats Off to Hometown Hits
7.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.
CALL TO ORDER
The meeting was called to order by Mayor Maria Regan Gonzalez at 7:00 p.m. in the Council
Chambers.
Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; Ben Whalen; and
Present: Simon Trautmann
Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Neil Ruhland,
Communications Manager; Chris Regis, Finance Director; Melissa Poehlman,
Assistant Community Development Director; and Kelly Wynn, Senior Office
Assistant
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance
OPEN FORUM
No speakers
APPROVAL OF MINUTES
M/Supple, S/Trautmann to approve the minutes of the: (1) City Council Closed Work Session
of March 10, 2020; and (2) City Council Meeting of March 10, 2020
Motion carried 5-0
Item #1
PRESENTATION OF PROCLAMATION DECLARING MARCH 10, 2020 TIBET
DAY
Mayor Regan Gonzalez read the proclamation and presented it to those present from the
Tibetan community.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
March 10, 2020
Council Meeting Minutes -2- March 10, 2020
Tenzin Dhangson accepted the proclamation and spoke of their appreciation for the City of
Richfield in recognizing residents who are of Tibetan descent.
Item #2
APPROVAL OF THE AGENDA
M/Supple, S/Trautmann to approve the agenda
Motion carried 5-0.
Item #3
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider a resolution approving an agreement related to a previously approved planned unit
development at 1401 77th Street East (Audi Richfield). (Staff Report No. 38)
RESOLUTION NO. 11725
RESOLUTION APPROVING A CONSTRUCTION AGREEMENT
FOR A PLANNED PARKING STRUCTURE FOR AUDI RICHFIELD
AT 1401 77TH STREET EAST
B. Consider the approval of the Minnesota Department of Natural Resources Outdoor Recation
Gran Resolution to submit a grant for the Universally Inclusive Playground at Augsburg Park
and authorize staff to execute the grant agreement if awarded. (Staff Report No. 39)
RESOLUTION NO. 11726
RESOLUTION APPROVING THE SUBMITTAL OF A MINNESOTA DEPARTMENT OF
NATURAL RESOURCES OUTDOOR RECREATION GRANT AND AUTHORIZE THE
RECREATION SERVICES DIRECTOR TO EXECUTE THE GRANT
Council Member Whalen clarified the change in Item A is referring to the parking structure and
giving them an extension to provide the Audi dealership more time.
Mayor Regan Gonzalez commented on how there are two dealerships having parking
developments.
M/Garcia, S/Trautmann to approve the consent calendar
Motion carried 5-0.
Council Meeting Minutes -3- March 10, 2020
Item #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None
Item #5
PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE
PROVIDING FUNDING FOR CERTAIN CAPITAL IMPORVEMENTS FROM THE
SPECIAL REVENUE FUND (STAFF REPORT NO. 41)
Supple presented staff report 41 and opened the public hearing.
M/Supple, S/Whalen to close public hearing.
Motion carried 5-0.
M/Supple, S/Garcia to approve second reading of the transitory ordinance providing for the
expenditure of funds from the Special Revenue Fund for certain capital improvements.
Council Member Whalen highlighted how the liquor store profits help support the city parks.
Motion carried 5-0
Item #6
CONSIDER THE SECOND READING OF AN ORDINANCE AMENDING
SUBSECTIONS 705.17, 715.05 AND 720.07 OF THE RICHFIELD CITY CODE
RELATING TO SANITARY SEWER, WATER AND STORM WATER UTILITY
BILLING AND ESTABLISHMENT OF A NEW SECTION 727 RELATING TO THE
STREET LIGHT SYSTEM (STAFF REPORT NO. 42)
Council Member Trautmann read staff report 42 and explained this is to free up staff time and
provide clear expectations to property owners.
M/Trautmann, S/Garcia to approve the second reading of an ordinance amending Subsections
705.17, 715.05, and 720.07 of the Richfield City Code relating to sanitary sewer, water and storm
water utility billing and establishment of a new section 727 relating to the street light system.
Motion carried 5-0
Item #7
CONSIDER A RESOLUTION PROVIDING FOR THE SALE OF $5,375,000
GENERAL OBLIGATION BONDS SERIES 2020A (STAFF REPORT NO. 43)
Council Member Whalen presented staff report 43.
Director Regis stated he believed this is a good move for the City.
Council Meeting Minutes -4- March 10, 2020
Council Member Whalen commented on how he appreciated the staff always looking out for
opportunities to save the residents money.
M/Whalen, S/Supple to approve the attached resolution providing for the sale of $5,375,000
General Obligation Bonds, Series 2020A.
RESOLUTION NO. 11727
RESOLUTION PROVIDING FOR THE SALE OF
$5,375,000 GENERAL OBLIGATION BONDS, SERIES 2020A
Mayor Regan Gonzalez commented on the extremely detailed historical context of the staff
report and its helpfulness.
Council Member Supple highlighted how important it is that the City is re-lining the water
mains to keep them in good condition.
Motion carried 5-0
Item #6
CITY MANAGER’S REPORT
City Manager Rodriguez had nothing to report.
Item #7
CLAIMS AND PAYROLL
M/Garcia, S/Trautmann that the following claims and payrolls be approved:
U.S. Bank 03/10/2020
A/P Checks 285293 - 285624 $ 899,759.76
Payroll: 152792 – 153128 43135 – 431636 689,314.85
TOTAL $ 1,589,074.61
Motion carried 5-0.
Item #8
HATS OFF TO HOMETOWN HITS
Council Member Garcia reminded residents to help pick up trash and clearing out storm drains
as the snow continues to melt. She also spoke of keeping an eye on your neighbors and to help those
in need. Council Member Garcia thanked City Manager Rodriguez for all of her hard work and would
like her to know how much she is appreciated.
Council Member Trautmann called out the Richfield men’s varsity basketball team in moving
forward in the Minnesota State High School League tournament. He also reminded residents of the
Council Meeting Minutes -5- March 10, 2020
upcoming fundraising dinner for the Wood Lake Nature Center, April 24, and to donate for the silent
auction.
Council Member Whalen acknowledged City Clerk VanHoose and all the election judges for
their hard work and dedication when it came to the presidential primary. He also thanked the Jewish
Community Action, along with a few other groups, who hosted a forum on housing and protection
needs for construction workers. He then thanked the Richfield Ready Committee for hosting their
annual breakfast to support local youth and talks on mental health. Council Member Whalen reminded
residents of the next housing work session on March 16, 2020. He also encouraged residents to
attend the upcoming events on March 23 and March 26 with the Congress for New Urbanism
regarding the Portland and 494 gateway.
Council Member Supple thanked City Clerk VanHoose and all the election judges for the hours
they put in for the presidential primary. She also reminded residents to pick up after their pets when
out for walks to keep City parks and streets looking beautiful. She then spoke of the over 80 poems
submitted for the sidewalk contest hosted by the Arts Commission. The commission is still narrowing
down the selections by both adult and youth submissions. Council Member Supple commented on the
Human Rights Commission opening up the application process for the Gene and Mary Jacobson
Outstanding Citizen award. Nominations are due by April 30, 2020. She also reminded residents to be
mindful of speeds on residential streets as more people are outdoors.
Mayor Regan Gonzalez spoke of the Census invitations residents will be receiving and how
crucial it is for members to fill out the forms correctly. On April 1, 2020, residents are able to come to
the Community Center from 6-8pm and receive assistance in filling out their Census forms. She then
reminded people to view the new Recreation Services Guide. The guide registration is now open and
is full of classes and programming for youth and adults. Mayor Regan Gonzalez echoed thanks to City
Clerk VanHoose, staff and election judges. Running an election is a huge undertaking and she
requested the community come together and volunteer to become election judges. She then spoke of
the City of Richfield Annual Review that will be coming out in the near future. She also reminded
residents of the Community Survey is available online.
City Manager Rodriguez spoke of the opt-in option to fill out the surveys online. However, if
residents received a survey in the mail to please fill out and return that survey.
Item #9
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:40 p.m.
Date Approved: March 24, 2020
Maria Regan Gonzalez
Mayor
Kelly Wynn Katie Rodriguez
Senior Office Assistant City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.A.
STAFF RE P ORT NO. 45
CIT Y COUNCIL ME E T ING
3/24/2020
RE P O RT P RE PA RE D B Y: C hris Regis, F inance D irector
D E PA RTME NT D IRE C TO R RE V IE W: C hris Regis, F inance D irector
3/16/2020
O THE R D E PA RTM E NT RE V IE W: N/A .
C ITY MA NA G E R RE V IE W: K atie Rodriguez
3/19/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Approve a resolution amending the allocation of the 2019 General Fund Budget.
E X E C UT IV E S UM M ARY:
The City Charter provides that the City Council must appropriate monies for operations of the City on a
departmental level basis.
During the course of the year, the City Council amends the operating budget and it is referred to as
the Revised Budget.
At year end, if a department within the City’s General Fund exceeds its approved appropriation, a
transfer of appropriations from another General Fund department is required to bring that
department’s budget into balance.
T hree General Fund departments currently exceed their approved 2019 appropriations. T hose three
departments and the amount they exceed their 2019 appropriations are as follows:
T he Finance Department’s budget for 2019 exceeds the adopted appropriation by
approximately $11,000 or 1.68%.
T he Community Development Department budget for 2019 exceeds the adopted
appropriation by approximately $11,000 or .66%.
T he Public Works Department budget for 2019 exceeds the adopted appropriation by
approximately $36,000 or .85%.
To balance the appropriation of the Finance, Community Development, and Public Works
departments, a combined transfer of appropriations from the Legislative-Executive department in the
amount of $64,000 is recommended. T he level of this transfer will provide a small surplus in each
department.
Finally, it should be noted, that the General Fund will end 2019 with an estimated surplus of
$451,068.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the resolution amending the 2019 General Fund Budget by authorization of a
transfer of appropriations from the Legislative-Executive Department to the Finance, Community
Development, and Public W orks Departments.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The causes for exceeding appropriations are as follows:
Finance Department
Finance division exceeded their appropriation due to the sell back of leave time by division
employees and the recognition of increased leave balances at year end.
T he Assessing division exceeded their appropriation due to an increase in the Assessing
services contract with Hennepin County.
Community Development Department
T he Planning & Zoning division exceeded their appropriation due to additional Comprehensive
Plan costs and the required matching funds to participate in the Congress for New Urbanism
Legacy project.
T he Inspections division exceeded their appropriation due to increased personnel costs as a
result of increased leave balances at year end. T he leave balances increased due to the
increased level of work required due to the busy construction season which resulted in
employees taking less time off. In addition, the division incurred costs for space remodeling to
accommodate increased staff to meet the demand of the construction season. T he division did
generate $2,157,000 of general fund revenues in 2019.
Public W orks Department
The Streets division exceeded their appropriation due to increased personnel costs as a result
of increased leave balances at year end.
T he Parks division exceeded their appropriation due to increased maintenance costs during
2019 which included emergency tree removal at Taft Park and a new dumpster pad at Veterans
Park.
It should be noted that the City is required to accrue and recognize the cost of unused leave
balances at the end of every year. If the unused leave balance has increased from the previous
year, an expenditure is required to be recognized. T his required accrual has factored into to
some of the divisions exceeding their appropriations. Finally, it is very difficult to budget for this
type of accrual.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City Charter provides that the City Council must appropriate monies for operations of the City on a
department level basis.
During the course of the year, the City Council amends the operation budget and it is referred to as the
Revised Budget.
C.C R IT IC AL T IMIN G IS S U E S:
N/A.
D.F IN AN C IAL IMPAC T:
The amount exc eeding budget for the Finance, Community Development and Public W orks departments
is approximately $58,000.
City staff is recommending that the 2019 Revised Budget be allocated $64,000 between the following
departments and divisions in order to balanc e all City departments and provide a small surplus in each
department:
I NC RE A S E D B UD GE TE D E X P E ND I TURE S
Finance Department
Finance Division $ 6,000
Assessing Division $ 6,000
Community Development Department
Planning & Zoning Division $ 1,000
Inspections Division $12,000
Public W orks Department
Streets Division $ 6,000
Parks Division $33,000
Total $64,000
D E C RE A S E B UD GE TE D E X P E ND I TURE S
Legislative Executive Department
Legal Division $64,000
Total $64,000
Net Change to General Fund Budget $ 0
E.L E GAL C ON S ID E R AT ION:
City Charter provides that the City Council must appropriate funds at the department level of spending.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The transfer does not affect the annual General Fund Budget; instead it provides that no department end the
fiscal year overspent.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
2019 General F und B udget A mendment Resoultuion Resolution L etter
RESOLUTION NO
RESOLUTION AUTHORIZING REVISION OF 2019 BUDGETS OF VARIOUS
DEPARTMENTS
WHEREAS, Resolution No. 11580 appropriated funds for personal services, other
services and charges, supplies and capital outlays for each department of the City for the
year 2019; and
WHEREAS, Resolution No. 11687 authorized revision of the 2019 budget various
departments; and
WHEREAS, the City Manager has requested a revision of the 2019 budget
appropriations in accordance with charter provisions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, MN as follows:
SUMMARY
INCREASE BUDGETED EXPENDITURES
Finance Department
Finance Division $ 6,000
Assessing Division $ 6,000
Community Development Department
Planning & Zoning Division $ 1,000
Inspections Division $12,000
Public Works Department
Streets Division $ 6,000
Parks Division $33,000
Total $64,000
DECREASE BUDGETED EXPENDITURES
Legislative Executive Department
Legal Division $64,000
Total $64,000
Net Change to General Fund Budget $ 0
Passed by the City Council of the City of Richfield, MN. this 24nd day of March,
2020.
______________________
Maria Regan Gonzalez, Mayor
ATTEST:
_______________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.B.
STAFF RE P ORT NO. 46
CIT Y COUNCIL ME E T ING
3/24/2020
RE P O RT P RE PA RE D B Y: Jack B roz, Transportation E ngineer
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer
3/18/2020
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/19/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of a resolution authorizing the submission of the 73rd Street Safe Routes to
School Project funding application for Federal Surface Transportation Program (S T P) funds.
E X E C UT IV E S UM M ARY:
The Metropolitan Council is currently accepting applications as part of the Regional Solicitation process for
federal funding of transportation projects. Staff has identified a Sate Routes to School (S RTS) project along
73rd Street between Lyndale Avenue to the I -35W pedestrian bridge crossing that meets the qualifications for
the federal funds under the S RTS category.
The project scope intents to include pedestrian and accessibility improvements that are identified as a gap in
the S RTS system, including consideration of narrowing 73rd Street to provide a sidewalk along the roadway
from Lyndale to the I -35W pedestrian crossing and accessible upgrades to the pedestrian bridge itself.
W ith Council approval, staff is preparing to submit an application for the requested amount of approximately
$1,500,000 to be contributed to the project. I f successful, funding would be available for construction in
2024/2025. Applications are due April 16, 2020.
I f selected for funding, Public W orks will return to City Council to authorize acceptance of the grant funds
and design approval. Final details of the project would be determined through a public input process.
RE C O M M E ND E D AC T I O N:
By Motion: Approv e the resolution authorizing the submission of the 73rd Stre et Safe
Routes to School Project funding application for Federal Surface Transportation Program
(STP) funds.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The Metropolitan Council and the Transportation Advisory Board have released the 2020 Solicitation
Package for federal funds. The regional solicitation process selects projects to be funded within the
following categories:
Roadway Traffic Management Technologies
Roadway Spot Mobility
Roadway Expansion
Roadway Reconstruction/Modernization
Roadway Bridges
Transit Expansion
Transit Modernization
Travel Demand Management
Multiuse Trails & Bicycle Facilities
Pedestrian Facilities
Safe Routes to Schools
Highway Safety I mprovement Program
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Pedestrian and bike improvements are proposed along 73rd Street in the City's Safe Routes to
School Comprehensive Plan.
The proposed project meets multiple goals in the City's Comprehensive Plan (Chapter 7 -
Transportation).
C.C R IT IC AL T IMIN G IS S U E S:
The deadline for Regional Solicitation applications is April 16, 2020 and Council authorization is needed
to submit the application.
D.F IN AN C IAL IMPAC T:
The construction cost of the 73rd Street Safe Routes to School Project is estimated to be approximately
$1,500,000. I f selected for S TP funds, up to 80% of the project cost would be funded with Federal
dollars and the remaining amount could be funded using Municipal State Aid Funds.
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
P roject Map E xhibit
Resolution Resolution L etter
73rd Street Safe Routes to School Improvements Project Extents
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri
Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the
GIS User Community
Safe Route to School
3/17/2020 0 0.05 0.10.03 mi
0 0.09 0.170.04 km
1:4,514
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO APPLY FOR THE
REGIONAL SOLICITATION FOR TRANSPORTATION PROJECTS
WHEREAS, the City of Richfield acts as the applicant for the 73rd Street Safe
Routes to School Project from Lyndale Avenue to Humboldt Avenue contained in the
Safe Routes to School Infrastructure program application to be submitted by April 16,
2020;
WHEREAS, the City of Richfield has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to ensure matching
funds and adequate construction of the proposed project;
WHEREAS, the City of Richfield has not violated any Federal, State or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other
unlawful or corrupt practice;
WHEREAS, the City of Richfield has estimated the total project cost to be
approximately $1,500,000;
WHEREAS, the City of Richfield confirms if the project cost exceeds the amount
listed in the Application, the City of Richfield will provide or secure all additional funds
necessary to complete the project.;
WHEREAS, the City of Richfield confirms that it will fund twenty percent of the
total project cost, as required if selected for funding;
WHEREAS, the City of Richfield certifies that it will comply with all applicable
laws, regulations, and rules of the Application; and
WHEREAS, that the sources and uses and other financing commitment
represented are accurate.
NOW, THEREFORE BE IT RESOLVED that the City Engineer is hereby
authorized to apply to the Metropolitan Council for funding of this project on behalf of
the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 24th Day of
March, 2020.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.C.
STAFF RE P ORT NO. 47
CIT Y COUNCIL ME E T ING
3/24/2020
RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer
3/17/2020
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/19/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the ratification of a $36,000 contract change with W S B and Associates, Inc., for final design
services and environmental documentation for the 77th Street Underpass Project and authorize the
City Manager to approve contract changes up to $175,000 without further City Council consideration.
E X E C UT IV E S UM M ARY:
Background
On August 4, 2015 the City awarded the 77th Underpass preliminary and final design services and
environmental documentation contract to W S B and Associates, I nc., in an amount not to exceed
$2,146,841.92. T he work was to be fully funded by the 2014 Local Road Improvement Program
(LRIP) grant funds the City received for preliminary and final design. At the time of the original
contract approval, the City manager could have been given explicit authority to approve minor
contract changes not to exceed $100,000. T his routine authority was not written into the staff report.
T herefore, City Council must ratify the $36,000 contract change necessary to finalize the 77th
Underpass design.
Reason for Change
Minor contract changes of this nature are common with projects of this magnitude. I n completing final design,
it was determined that the designed stormwater holding ponds on the east end of the project were no longer a
cost-effective solution, due to unexpectedly high costs to obtain right-of-way from the Metropolitan Airport
Commission. Due to this, the engineering consultant had to design a new stormwater solution on City
property, which resulted in the added project design costs.
RE C O M M E ND E D AC T I O N:
By Motion: Ratify the $36,000 contract change with W S B and Associates, Inc., for the preliminary and
final design services and environmental documentation for the 77th Street Underpass and Trunk
Highway 77 Crossing project and authorize the City Manager to approve contract changes up to
$175,000 without further City Council consideration.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
See executive summary
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
I ncreasing capacity of the I -494 corridor and construction of the 77th Street underpass at Cedar Avenue
(TH 77) are identified in the City's Comprehensive Plan (Chapter 7 - Transportation).
C.C R IT IC AL T IMIN G IS S U E S:
Design must be completed so the project is ready for letting in late 2020 and construction in 2021.
D.F IN AN C IAL IMPAC T:
The design engineering consultant has expended the sum of the initial contract and needs
authorization to proceed to complete the final design.
The additional $36,000 in design fees will be paid for out of the project budget using a combination
of funding sources including Municipal State Aid and State Bonding funds.
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.D.
STAFF RE P ORT NO. 48
CIT Y COUNCIL ME E T ING
3/24/2020
RE P O RT P RE PA RE D B Y: Joe P owers, A ssistant C ity E ngineer
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer
3/17/2020
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/19/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of a Small Wireless Facility Collocation Agreement with Cellco Partnership d/b/a
Verizon W ireless, that sets forth the terms and conditions of collocation on wireless support
structures within City right-of-way.
E X E C UT IV E S UM M ARY:
I n the past twelve months, both AT&T and Verizon W ireless have submitted several applications for installation
of small-cell wireless facilities in Richfield. A co-location agreement with AT&T was approved by the City
Council on February 11, 2019, which allows AT&T to apply for permits and place small-cell wireless
infrastructure on City-owned light poles. The City Attorney and attorneys for Verizon W ireless have been
negotiating a co-location agreement for several months and have recently finalized the agreement.
I n the past two months, Verizon W ireless has submitted seventeen applications for “stand-alone” small-cell
wireless facilities to be constructed in City right-of-way. A “stand-alone” facility consists of a new pole
structure and associated antennas owned solely by Verizon. The City is required by state statute to allow
construction of these facilities, within reason and subject to City review. Staff expect that Verizon W ireless will
be submitting another thirty or more permits within the coming months. This co-location agreement would allow
Verizon W ireless to apply for, and the City to approve, permits to attach small-cell wireless equipment to City-
owned light poles, as opposed to constructing new, stand-alone pole structures. Staff supports approval of this
agreement, as co-location of future facilities will be less intrusive to both Public Works operations and
Richfield residents.
RE C O M M E ND E D AC T I O N:
By motion: Approve the Small Wireless Facility Collocation Agreement with Cellco Partnership d/b/a
Verizon W ireless, that sets forth the terms and conditions of collocation on wireless support
structures within City right-of-way.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
W ireless and cellular service providers are looking for solutions to provide better and more reliable
service to customers.
One method of enhancing service is to install "small cell" antennas to fill in areas with poor existing
coverage.
State legislation was passed in 2017 that allows these antennas to be installed in the right-of-way.
The City of Richfield adopted an ordinance on September 12, 2017 amending City Code Section
802 enacting an agreement and permitting process for small cell facilities within City right-of-way.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Section 802 of the Richfield City Code depicts the City's current practices of permitting the use
within rights-of-way.
Minnesota Statutes, Section 237.162, defines public right-of-way including management of
standards and costs.
Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act")
and 2017 Session Laws, Chapter 94, amending the Act, are interpreted with consideration of
small cell wireless technology.
C.C R IT IC AL T IMIN G IS S U E S:
An approved agreement must be in place before the City can permit small cell facilities collocated on
existing right-of-way support features.
D.F IN AN C IAL IMPAC T:
The City is allowed to charge fees on the permit review as well as charge rent for facilities located in the
right-of-way and on City-owned support features.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the agreement and will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Tammy Hartman - Verizon W ireless Network Outreach Manager
AT TAC H ME N T S:
D escription Type
Verizon C ollocation A greement B ackup Material
City of Richfield,
Minnesota
Small Wireless Facility Collocation
Agreement
This Small Wireless Facility Collocation Agreement (the “Agreement") is made this
______day of____________, 20______, between the City of Richfield, a Minnesota local
government unit, with its principal offices located at 6700 Portland Avenue in Richfield,
Minnesota 55423 (“Lessor) and Cellco Partnership d/b/a Verizon Wireless, with its principal
offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920,
(“Lessee”). Lessor and Lessee are collectively referred to as the "Parties" or individually as a
"Party."
WHEREAS, the Federal Communications Act of 1934, as amended, authorizes Lessor to
manage and control access to and use of public rights-of-way within city limits; and
WHEREAS, Lessor has elected to manage its rights-of-way as authorized by Minnesota
Statues, Sections 237.162-.163 and Lessor’s municipal code of ordinances (the “Code”); and
WHEREAS, this Agreement shall apply to the collocation of Small Wireless Facilities
(as hereinafter defined). For purposes of this Agreement, “collocate" or "collocation" means to
install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or
adjacent to an existing Wireless Support Structure (as hereinafter defined) that is owned by the
Lessor; and
WHEREAS, a “Small Wireless Facility" means: a wireless facility, as defined by
Minnesota Statues, Section 237.162, subd. 13, that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all its exposed elements could fit
within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment
associated with the small wireless facility, excluding electric meters, concealment elements,
telecommunications demarcation boxes, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of
power and other services, and any equipment concealed from public view within or behind an
existing structure or concealment, provided such equipment shall be in aggregate no more than
28 cubic feet in volume; and
WHEREAS, Lessor owns or controls existing structures in the public right-of-way that
may be determined by Lessor to be capable of supporting a Small Wireless Facility ("Wireless
Support Structure"), which are located within the geographic area of a license or other
authorization held by Lessee to provide wireless services; and
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Wireless Facility Collocation Agreement Page 1
WHEREAS, Lessor hereby sets forth the terms and conditions of collocation on its
Wireless Support Structures; and
WHEREAS, Lessee desires to install, maintain and operate Small Wireless Facilities on
Lessor's Wireless Support Structures; and
WHEREAS, Lessor and Lessee desire to enter into this Agreement to define the general
terms and conditions which will govern their relationship with respect to the particular sites at
which Lessee will collocate its Small Wireless Facilities on Lessor's Wireless Support
Structures; and
WHEREAS, Lessee shall compensate Lessor for the collocation of Small Wireless
Facilities on Lessor’s Wireless Support Structures; and
WHEREAS, Lessor and Lessee acknowledge that they will enter into an agreement
supplement (“Supplement”) in substantially the form attached hereto as Exhibit A, with respect
to each particular Wireless Support Structure on which Lessee will collocate; and
WHEREAS, this Agreement is not exclusive and Lessor reserves the right to grant
permission to other entities to collocate Small Wireless Facilities.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and
the applicable Supplement, Lessor agrees to lease to Lessee certain space described in the
applicable Supplement upon Lessor's Wireless Support Structure in the public right-of-way for
the installation, operation and maintenance of Small Wireless Facilities; together with the non
exclusive right of access over, under and through the Premises (as hereinafter defined) for the
purpose of installation, operation and maintenance of Lessee’s Small Wireless Facilities. The
space leased by Lessor to Lessee described in the applicable Supplement is hereinafter
collectively referred to as the "Premises." The Premises may include, without limitation, certain
space on the ground (the “Equipment Space”) adjacent to the Wireless Support Structure, and
space on the Wireless Support Structure for the installation, operation and maintenance of
antennas and other equipment (the “Antenna Space”) as described in the Supplement.
Notwithstanding anything in the Supplement to the contrary, the Premises under each
Supplement shall include such additional space necessary for the installation, operation and
maintenance of wires, cables, conduits, and pipes (the “Cabling Space”) running between and
among the various portions of the Premises and to electrical and telephone utility, cable, and
fiber sources adjacent to the Premises. Lessor may grant Lessee, or the local utility, or fiber or
cable provider, upon Lessee’s approval, the right to install any utilities, cable, and fiber for
Lessee to operate its communications facility, provided the location of those utilities, cable, and
fiber shall be as reasonably designated by Lessor. Lessor’s approval shall not be unreasonably
withheld.
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2.PLANS AND DRAWINGS.
(a) Before receiving approval from Lessor to install a Small Wireless Facility on
Lessor’s Wireless Support Structures in public rights -of-way, Lessee shall submit to the Director
of Public Works or the Director’s designee, detailed construction plans and drawings for each
individual location, together with maps, showing specifically the Wireless Support Structures to
be used, the number and character of the attachments to be placed on such Wireless Support
Structures, equipment necessary for the use, proposed replacement of existing Wireless Support
Structures and any new installations for transmission conduit, pull boxes, and related
appurtenances (the “Application”). The Director or the Director’s designee shall determine
whether to give Lessee permission to proceed with the work as proposed by Lessee within ninety
(90) days of receipt of Lessee’s Application. If the Director or Director’s designee does not
approve Lessee’s Application, it will provide a written explanation to Lessee of the basis for the
rejection within the same ninety (90) day period. Each Application may request attachments to
up to fifteen (15) different Wireless Support Structures or a greater number if agreed to by
Lessor. Lessee shall perform all work at its own expense and make attachments in such manner
as to not interfere with the services of Lessor.
(b) If Lessee has not received approval or rejection of an Application and related
Supplement (provided on the form set forth in Exhibit A) within 90 days, the Application and
related Supplement are deemed approved pursuant to Minnesota Statutes Section 237.163,
provided Lessee has given Lessor at least five days’ notice before the expiration of the 90-day
deadline. If Lessee fails to give such notice prior to expiration of the 90-day deadline, Lessee
may instead send notice to Lessor after the 90-day deadline has expired, and Lessor shall have 5
days from the date the notice is sent to take action on the Application and related Supplement.
Nothing in this Agreement shall be construed to waive or otherwise supersede the rights of either
Party under applicable federal, state, or local laws.
3. CONDITION OF PROPERTY; ENGINEERING STUDY. The Lessor may elect to
perform necessary make-ready work identified in an Application. If Lessor elects to perform the
make-ready work, Lessor will notify Lessee of such election at the time of approving the
Application. If Lessor elects to perform the make-ready work, Lessor will provide Lessee with
an estimate of the make-ready costs within fourteen (14) days of Lessor approving the
Application. Lessee shall have sixty (60) days from the receipt of such make-ready estimate to
accept the estimate. If Lessor does not elect to perform the make-ready work, Lessee shall
perform such make-ready work. Any expenses necessary to make the Premises ready for
Lessee’s construction of its improvements under either option shall be the responsibility of
Lessee. Lessee must obtain and submit to Lessor a structural engineering study showing the
Wireless Support Structure and foundation is able to support the proposed Small Wireless
Facility. Lessor makes no warranties or representations, express or implied, including warranties
of merchantability or fitness for a particular use, except those expressly set forth in this
Agreement.
4. USE OF PUBLIC RIGHTS-OF-WAY.
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Wireless Facility Collocation Agreement Page 3
A. All communications equipment shall be installed in accordance with
applicable Laws (as hereinafter defined) and Lessee shall comply with all applicable laws,
ordinances, rules and regulations adopted by Lessor. Within the public rights-of-way, the
location of the communications equipment shall be subject to the reasonable and proper
regulation, direction and control of the Lessor, or the official to whom such duties have been
delegated by Lessor. Lessee shall have no ownership interest in any Wireless Support Structure
owned by Lessor.
B. Lessee and its authorized contractors shall give Lessor reasonable notice
of the dates, location, and nature of all construction and major maintenance work to be
performed on its communications equipment that requires excavation or obstruction within the
public rights-of-way.
C. Any damages to Lessor’s Wireless Support Structures, equipment thereon
or other infrastructure caused by Lessee’s installation or operations shall be repaired or replaced
at Lessee’s sole cost and to Lessor’s reasonable satisfaction.
5. STRUCTURE RECONDITIONING, REPAIR, REPLACEMENT,
RELOCATION.
A. From time to time, if Lessor paints, reconditions, or otherwise improves or repairs
the Wireless Support Structure in a substantial way (“Reconditioning Work”), Lessee shall
reasonably cooperate with Lessor to carry out such Reconditioning Work.
B. Prior to commencing Reconditioning Work, Lessor shall provide Lessee with not
less than ninety (90) days’ prior written notice. Upon receiving that notice, it shall be Lessee's
sole responsibility to provide adequate measures to cover or otherwise protect Lessee's
equipment from the consequences of the Reconditioning Work, including but not limited to paint
and debris fallout. No more than once annually, Lessor reserves the right to require Lessee to
remove all of Lessee's equipment from the Wireless Support Structure and Premises during
Reconditioning Work, provided the requirement to remove Lessee's equipment is contained in
the written notice required by this Section. If Lessor requires Lessee to remove its equipment,
then (i) Lessee may place a temporary structure, if determined feasible by the Lessor (City
Engineer) and Lessee, at a location equivalent to Lessee’s current use of the Wireless Support
Structure until such time the Reconditioning Work is complete; or (ii) if Lessee is unable to place
a temporary structure, Lessor shall allow Lessee to abate the Annual Rental for so long as the
Reconditioning Work continues.
C. Lessee may request a modification of Lessor's procedures for carrying out
Reconditioning Work in order to reduce the interference with Lessee's use of the Premises. If
Lessor agrees to the modification, Lessor will provide an estimate of the incremental cost and
expense related to the modification of Lessor’s procedures for the Reconditioning Work and if
Lessee elects to proceed, then Lessee shall be responsible for all such incremental cost and
expense.
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Wireless Facility Collocation Agreement Page 4
D. If Lessor intends to replace a Wireless Support Structure (“Replacement Work”),
Lessor shall provide Lessee with at least ninety (90) days' written notice to remove its
equipment. Lessor shall also promptly notify Lessee when the Wireless Support Structure has
been replaced and Lessee may re-install its equipment without incurring any additional
Supplement fees or costs.
E. If Lessor intends to repair a Wireless Support Structure due to storm or other
damage (“Repair Work”), Lessor shall notify Lessee to remove its equipment as soon as
possible. In the event of an emergency, Lessor shall contact Lessee by telephone to Licensee’s
Network Monitoring Center at (800) 624-6620 prior to removing Lessee’s Equipment. Once the
Wireless Support Structure has been replaced or repaired, Lessor will promptly notify Lessee it
can reinstall its equipment without incurring any additional Supplement fees or costs.
F. If Lessee’s installation requires a new Wireless Support Structure to be
constructed or an existing Wireless Support Structure to be replaced by Lessee (the
“Replacement Wireless Support Structure”) then any such Replacement Wireless Support
Structure shall be deemed to be a fixture on the Property and the Replacement Wireless Support
Structure shall be and remain the property of the Lessor, without further consideration to or from
Lessor. Unless otherwise provided in the applicable Supplement, Lessor shall be responsible for
any and all costs relating to the operation, maintenance, repair and disposal of the Replacement
Wireless Support Structure. If the Replacement Wireless Support Structure replaces an existing
structure, then also as part of Lessee’s installation, Lessee shall remove, dispose, salvage and or
discard the existing structure at Lessee’s sole discretion. In the event that a Replacement
Wireless Support Structure is damaged to the extent requiring replacement, Lessee shall provide
a Replacement Wireless Support Structure for installation by Lessor within a reasonable period
of time.
G. If Lessor determines to abandon any Wireless Support Structure and Lessor so
determines that the Wireless Support Structure does not need to be permanently removed for
reasons of public safety or security, then Lessor shall give Lessee ninety (90) days’ prior written
notice of Lessor’s intent to abandon the Wireless Support Structure. Within such time, Lessee
may (a) remove or otherwise dispose of its Small Wireless Facilities, at which time the
Supplement shall automatically terminate without further liability to Lessee, or (b) elect to
acquire title to the Wireless Support Structure at no cost to Lessee in “as is, where is” condition.
If Lessee elects to acquire title, then Lessor shall promptly execute and deliver a bill of sale and
assignment transferring the Wireless Support Structure to Lessee in “as is, where is” condition
subject only to Lessor’s representation and warranty that Lessor is the sole owner, and Lessor
owns the Wireless Support Structure free and clear of any liens, leases, licenses or other third-
party rights or encumbrances. Lessee shall be under no obligation to provide, maintain or repair
lighting or any other public service on any Wireless Support Structure which Lessee may elect to
acquire title from Lessor.
6. TERM; RENTAL.
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Wireless Facility Collocation Agreement Page 5
This Agreement shall commence as of the date first written above, and, if not lawfully
terminated sooner, remain in full force and effect for as long as Lessor uses any Small Wireless
Facility in accordance with Minnesota Statutes Section 237.163, subd. 3a(4). Each Supplement
shall be effective as of the date of execution by both Parties (the "Effective Date"), provided,
however, that the term of each Supplement shall commence on the first day of the month in
which Lessee commences installation of its equipment on the Premises (the “Commencement
Date”), at which time rental payments shall commence and be due at a total annual rental of
$175.00 (the “Annual Rental”), representing $150.00 per year for rent to occupy space on a
Wireless Support Structure and $25.00 per year for maintenance associated with the space
occupied on a wireless support structure. Consistent with Minnesota Statutes Sections 237.162-
.163, the term of each Supplement shall be equal to the length of time that the Small Wireless
Facility is in use (the "Term"), unless the Supplement is terminated pursuant to this Agreement.
The annual rental for each Supplement shall be paid in advance annually on each anniversary of
the Commencement Date to the payee designated by Lessor in the Supplement, or to such other
person, firm or place as Lessor may, from time to time, designate in writing at least thirty (30)
days in advance of any rental payment date by notice given in accordance with Paragraph 18
below. Lessor and Lessee shall acknowledge in writing the Commencement Date of each
Supplement. Lessor and Lessee acknowledge that the initial rental payment for each Supplement
may not actually be sent by Lessee until ninety (90) days after Lessee’s written
acknowledgement confirming the Commencement Date of each Supplement. Upon agreement
of the Parties, Lessee may pay rent by electronic funds transfer. Lessor hereby agrees to provide
to Lessee the reasonable documentation required for Lessee to pay all rent payments due to
Lessor. Upon execution of this Agreement, Lessor shall provide to Lessee the reasonable
documentation required for Lessee to pay all rent payments due to Lessor, including a
completed, most current version of Internal Revenue Service Form W-9. If changes to Lessor’s
W-9 are required, Lessor shall promptly submit a new W-9 to Lessee. Annual Rental shall accrue
in accordance with this Agreement, but Lessee’s initial rental payment due under this Agreement
shall not be considered late until the later of (a) ninety (90) days after the requested
documentation has been received by Lessee, and (b) the date the payment is due. If Lessor makes
changes to its W-9, Lessor shall allow ninety (90) days for the first payment thereafter to be
processed by Lessee and delivered to Lessor
7. ELECTRICAL
Lessor may, at all times during the Term of each Supplement, provide electrical service
and telephone service access within the Premises. As provided by Minnesota Statutes Sections
237.162-. 163, an annual fee for electricity used to operate the Small Wireless Facility, if not
purchased directly from a utility, shall be added to the annual rent due under each Supplement at
the rate of:
A. $73.00 per radio node less than or equal to 100
max watts;
B. $182.00 per radio node over 100 max watts; or
C. The actual costs of electricity, if the actual costs exceed the amount in item (A) or
(B);
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Wireless Facility Collocation Agreement Page 6
D. As agreed by Lessor and Lessee.
The amount of any such annual fee shall be set forth in each Supplement.
8. APPLICATION FEES AND ENGINEERING COSTS. The Parties acknowledge
and agree that, pursuant to Minnesota Statutes, Sections 237.162-. 163 and the FCC Order, Lessor
may charge a non-recurring application fee not to exceed $500 for an application to collocate on
up to five facilities and $100 for each additional facility beyond five (the “Application Fee”).
The Application Fee shall cover any fees reasonably related to the placement, construction,
maintenance, repair, movement, modification, upgrade, replacement, or removal of Lessee’s
small wireless facilities, including any application or permit fees. In addition, the Lessor may
charge the actual costs of the initial engineering and preparatory construction work associated
with Lessee's collocation in the form of a onetime, nonrecurring, commercially reasonable,
nondiscriminatory, and competitively neutral charge. Lessee shall pay the Application Fee at
the time of application for the Supplement, and the actual and reasonable initial engineering and
preparatory construction work costs within sixty (60) days of receipt of an invoice that itemizes
the costs.
9. USE. Lessee shall use the Premises for the purpose of constructing, maintaining,
repairing and operating Small Wireless Facilities and uses incidental thereto. As long as a
proposed modification meets the definition of a Small Wireless Facility, Lessee shall have the
right, without any increase in rent, to replace, repair, add to or otherwise modify its utilities, fiber
or cable, equipment, antennas and/or conduits or any portion thereof, and the frequencies over
which the equipment operates. Subject to Lessee obtaining a right-of way work permit, Lessee
may perform routine maintenance and repairs, or replace any part of the Small Wireless Facility
on the Premises with a facility or component that is substantially similar or smaller in size,
weight and height without further approval of Lessor. Any additions shall require Lessor’s
written approval, which shall not be unreasonably withheld, conditioned or delayed.
10. GOVERMENTAL APPROVALS; PERMITS. It is understood and agreed that
Lessee's ability to use the Premises is contingent upon Lessee obtaining all of the certificates,
permits and other approvals (collectively the "Government Approvals") that may be required by
any Federal, State or Local authorities, as well as a satisfactory structural analysis that will
permit Lessee use of the Premises as set forth above. The parties acknowledge that each
Supplement shall be in lieu of a small wireless facility permit. Lessor shall cooperate with Lessee
in its effort to obtain the Governmental Approvals. Lessee shall have the right to terminate the
applicable Supplement if: (i) any of the applications for Governmental Approvals is finally
rejected; (ii) any Governmental Approval issued to Lessee is canceled, expires, lapses, or is
otherwise withdrawn or terminated by governmental authority; (iii) Lessee determines that the
Governmental Approvals may not be obtained in a timely manner; (iv) Lessee determines that
the Premises is no longer technically compatible for its use; or (v) Lessee, in its sole discretion,
determines that the use of the Premises is obsolete or unnecessary. Notice of Lessee's exercise of
its right to terminate shall be given to Lessor in accordance with the notice provisions set forth in
Paragraph 20 and shall be effective upon the mailing of that notice by Lessee, or upon such later
date as designated by Lessee. All rentals paid to the termination date shall be retained by Lessor;
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Wireless Facility Collocation Agreement Page 7
however, any rentals paid for periods after the termination date shall be refunded to Lessee
within sixty (60) days of receipt of written request from Lessee. Upon such termination, the
applicable Supplement shall be of no further force or effect except to the extent of the
representations, warranties, and indemnities made by each Party to the other thereunder.
Otherwise, the Lessee shall have no further obligations for the payment of rent to Lessor for the
terminated Supplement.
11. INDEMNIFICATION.
A. To the fullest extent permitted by law, Lessee agrees to defend, indemnify and
hold harmless Lessor, and its employees, officials, and agents from and against all claims,
actions, damages, losses and expenses, including reasonable attorney fees, arising out of Lessee’s
negligence, misconduct, or Lessee’s failure to perform its obligations under this Agreement,
except to the extent that such liabilities, damages or claims are a result of the negligence or
willftil misconduct of Lessor or other indemnified party. Lessee’s indemnification obligation
shall apply to Lessee’s contractors, subcontractors, or anyone directly or indirectly employed or
hired by Lessee, or anyone for whose acts Lessee may be liable. Lessor will provide Lessee with
prompt, written notice of any written claim covered by this indemnification provision; provided
that any failure of Lessor to provide any such notice, or to provide it promptly, shall not relieve
Lessee from its indemnification obligations in respect of such claim, except to the extent Lessee
can establish actual prejudice and direct damages as a result thereof. Lessor will cooperate with
Lessee in connection with Lessee’s defense of such claim. Lessee shall not settle or compromise
any such claim or consent to the entry of any judgment without the prior written consent of
Lessor and without an unconditional release of all claims by each claimant or plaintiff in favor of
Lessor. The indemnity obligation shall survive the completion or termination of this Agreement.
B. To the fullest extent permitted by law, Lessor shall indemnify, hold harmless and,
at Lessee’s sole option, defend Lessee, its principals, parents, affiliates, officers, directors,
contractors, subcontractors, suppliers, Lessees, invitees, agents, attorneys, employees, successors
and assigns (together “Lessee Indemnitees”) from and against any and all liabilities, damages or
claims for damage, including but not limited to all actual and reasonable costs, attorneys’ fees,
and other charges and expenditures that Lessee Indemnitees may incur, asserted by reason of the
negligent installation, operation, use, repair, or removal of Lessor’s Structures or breach of the
terms of this Agreement by Lessor, including acts or omissions by its agents, contractors, or
subcontractors except to the extent that such liabilities, damages or claims are a result of the
negligence or willful misconduct of Lessee.
C. Neither party will be liable under this Agreement for consequential, special,
punitive or indirect damages, whether under theory of contract, tort (including negligence), strict
liability or otherwise.
12. INSURANCE.
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Wireless Facility Collocation Agreement Page 8
A. Waiver of Subrogation. To the extent allowed by law, each party hereby waives
and release any and all rights of action for negligence against the other party which may
hereafter arise on account of damage to Lessee’s property, resulting from any fire, or other
casualty of the kind covered by standard fire insurance policies with extended coverage,
regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by
either party. This waiver and release shall apply between the Parties and shall also apply to any
claim asserted as a right of subrogation. All such policies of insurance obtained by Lessee
concerning its property shall waive the insurer's right of subrogation against Lessor.
B. General Liability. Lessee agrees that at its own cost and expense, it will maintain
commercial general liability insurance per ISO CGL form or equivalent with limits of
$2,000,000 per occurrence for bodily injury or property damage and $4,000,000 general
aggregate including premises, operations, products-completed operations, personal injury,
advertising injury, and contractual liability coverage. Lessee shall include the Lessor as an
additional insured as their interest may appear under this Agreement.
C. Automobile Liability. Lessee shall maintain commercial automobile liability
Insurance, covering all owned, hired, and non-owned automobiles, with a combined single
liability limit of $2,000,000 each accident for bodily injury and property damage.
D. Workers’ Compensation. Lessee agrees to provide workers’ compensation
insurance for all its employees in accordance with the statutory requirements of the State of
Minnesota and employers’ liability insurance with limits as follows: $500,000 for bodily injury
by disease per employee; $500,000 aggregate for bodily injury by disease; and $500,000 for
bodily injury by accident.
E. Additional Insurance Conditions.
(i) Lessee shall deliver to Lessor a certificate of insurance as evidence
that the above coverages are in full force and effect.
(ii) Lessee’s required policies shall be primary insurance and non
contributory to any other valid and collectible insurance available
to Lessor with respect to any claim arising under this Agreement.
(iii) Upon receipt of notice from its insurer(s), Lessee shall provide
least thirty (30) days’ advanced written notice to Lessor if any
required policies are cancelled.
(iv) Lessee may meet the required insurance coverage and limits with
any combination of primary and umbrella/excess liability
insurance
Notwithstanding the foregoing, Lessee may self-insure the required insurance under the same
terms and conditions as outlined in this Paragraph 12.
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Wireless Facility Collocation Agreement Page 9
13. LIMITATION OF LIABILITY. Except for indemnification obligations pursuant
to Paragraph 11, neither Party shall be liable to the other, or any of their respective agents,
representatives, or employees, or to any customer or purchaser of such party, or to any other
person for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special, exemplary or consequential damages, loss of data, or interruption or
loss of use of service, even if advised of the possibility of such damages, whether under theory of
contract, tort (including negligence), strict liability or otheiwise. Lessee shall not be liable for or
responsible for addressing environmental conditions that do not result from the facilities or
activities of Lessee.
14. INTERFERENCE.
A. At Lessor’s written request, Lessee shall obtain a radio frequency interference
study carried out by an independent professional radio frequency engineer showing that Lessee’s
intended use will not interfere with any current communication facilities which are located on or
near a Wireless Support Structure. Lessee shall not transmit or receive radio waves at the
Premises until such evaluation has been satisfactorily completed and approved by Lessor, which
approval shall not be unreasonably withheld, conditioned or delayed. Lessee agrees to install
equipment of the type and frequency which will not cause harmful interference which is
measurable in accordance with then existing FCC standards to any equipment of Lessor or other
tenants of the Property which existed on the Property prior to the date the applicable Supplement
is executed by the Parties. In the event any after-installed Lessee’s equipment causes
interference in excess of FCC standards, and after Lessor has notified Lessee of such interference
by a written communication or call to Lessee’s Network Monitoring Center at (800) 624-6620,
Lessee will take all commercially reasonable steps necessary to reduce the interference to within
FCC standards, including but not limited to, at Lessee’s option, powering down such interfering
equipment and later powering up such interfering equipment for intermittent testing. If the
interference continues to exceed FCC standards for a period in excess of 48 hours following such
notification, Lessor shall have the right to require Lessee to reduce power, and/or cease
operations until such time Lessee can make repairs to the interfering equipment. In no event will
Lessor be entitled to terminate a Supplement or relocate the Equipment as long as Lessee is
making a good faith effort to remedy the interference issue.
B. Lessee will comply with all FCC regulations regarding radio frequency (“RF”)
emissions and exposure limitations. Lessee is allowed to install signage and other mitigation,
such as a power cut-off switch on Wireless Support Structures, to allow workers and third parties
to avoid excess exposure to RF emissions. Lessor’s authorized field personnel will contact
Lessee’s designated point of contact not less than twenty-four (24) hours in advance to inform
Lessee of the need for a temporary power-shut-down. In the event of an unplanned outage or
cut-off of power or an emergency, the power-down will be with such advance notice as
practicable. Once the work has been completed and the worker(s) have departed the exposure
area, the party who accomplished the power-down shall restore power and inform Lessee as soon
as possible that power has been restored. The parties acknowledge that they understand the vital
nature of Lessee’s equipment and agree to limit the frequency of power-downs and restore power
as promptly as much as reasonably possible.
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 10
C. Lessor will endeavor to prevent other attachers which emit RF on Lessor’s
Wireless Support Structures from (1) causing RF interference to RF signals of Lessee, (2)
interfering with Lessee’s use of the Wireless Support Structure, or (3) interfering with Lessee’s
ability to comply with the terms and conditions of this Agreement. If Lessee reasonably
determines that any of the foregoing are occurring, then Lessor will meet and confer with Lessee
within five (5) days of Lessor receipt of notice of the interference from Lessee, and shall
endeavor to correct any interference promptly and shall coordinate and cooperate with Lessee
relating to the same.
D. Lessor will endeavor to promptly notify Lessee if a third party applies for access
to a Wireless Support Structure which Lessee has attached facilities. Lessor will not grant after
the date of this Agreement a permit, license or any other right to any third party if, prior to such
grant, Lessee notifies the Lessor in writing that such third party’s use may materially interfere
with the Lessee’s existing equipment, Lessee’s use and operation of its facilities, or Lessee’s
ability to comply with the terms and conditions of this Agreement
15. REMOVAL. Lessee shall, within ninety (90) days after expiration of the Term,
or any earlier termination of a Supplement, or an abandonment of it facilities, remove its
equipment, conduits, fixtures and all personal property and restore the Premises to its original
condition, reasonable wear and tear excepted, at Lessee’s sole cost and expense. Lessor agrees
and acknowledges that all of the equipment, conduits, fixtures and personal property of Lessee
shall remain the personal property of Lessee and Lessee shall have the right to remove the same
at any time during the Term, whether or not said items are considered fixtures and attachments to
real property under applicable Laws. If the time for removal causes Lessee to remain on the
Premises after termination of the Supplement, Lessee shall pay rent at the then-existing monthly
rate, until such time as the removal of the equipment, fixtures and all personal property are
completed. If Lessee fails to remove its facilities within the required time period, Lessor
reserves the right to remove the facilities and charge Lessee for the full cost of the removal and
storage charges.
16. QUIET ENJOYMENT AND REPRESENTATIONS. Lessor covenants that
Lessee, on paying the rent and performing the covenants herein and in a Supplement, shall
peaceably and quietly have, hold and enjoy the Premises. Lessor represents and warrants to
Lessee as of the execution date of each Supplement, and covenants during the Term, that Lessor
is has good and sufficient title and interest to the Property, and has full authority to enter into and
execute the Supplement.
17. ASSIGNMENT. This Agreement and each Supplement under it may be sold,
assigned or transferred by the Lessee without any approval or consent of the Lessor to the
Lessee's principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or
substantially all of Lessee's assets in the market defined by the FCC in which the Property is
located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Agreement and each Supplement may not be sold, assigned or transferred without the
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 11
written consent of the Lessor, which consent will not be unreasonably withheld, delayed or
conditioned.
18. NOTICES. All notices hereunder must be in writing and are validly given if sent
by certified mail, return receipt requested, or by commercial courier, provided the courier's
regular business is delivery service and provided further that it guarantees delivery to the
addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows or to any other address that the Party to be notified may have designated:
Lessor: City of Richfield
Attention:_________
6700 Portland Avenue South
Richfield, Minnesota 55423
Lessee: Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Contact Number for day to day operations:
Licensor: _____________
Licensee: 1-800-638-2822
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant
to the foregoing.
19. DEFAULT. If there is a breach by a Party with respect to any of the provisions of
this Agreement, or under the provisions of an individual Supplement, the non-breaching Party
shall give the breaching Party written notice of that breach. After receipt of the written notice,
the breaching Party shall have thirty (30) days in which to cure the breach for breaches
involving failure to pay. For breaches not involving failure to pay, if the breach is not cured (a)
within sixty (60) days after receipt of written notice of the breach from the non-breaching Party
or (b) if the breach cannot reasonably be remedied in such time, if the failing Party does not
commence a remedy within such time and diligently pursue the cure to completion, this
Agreement may be terminated.
20. CASUALTY. In the event of damage by fire or other casualty to the Premises
that cannot reasonably be expected to be repaired within forty-five (45) days following same or,
if the Property is damaged by fire or other casualty so that such damage may reasonably be
expected to disrupt Lessee's operations at the Premises for more than forty-five (45) days, then
Lessee may, at any time following such fire or other casualty, provided Lessor has not completed
the restoration required to permit Lessee to resume its operation at the Premises: (i) terminate the
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 12
Supplement upon fifteen (15) days’ prior written notice to Lessor, (ii) place a temporary
facility, if feasible, at a location equivalent to Lessee’s current use of the Wireless Support
Structure until such time as the Wireless Support Structure is folly restored to accommodate
Lessee’s Small Wireless Facility; or (iii) apply for a new Supplement for an alternate location
equivalent to Lessee’s current use of the Wireless Support Structure, and Lessor shall waive the
application fee so long as such relocation was due to a casualty event not directly caused by
Lessee. Any such notice of termination shall cause the Supplement to expire with the same
force and effect as though the date set forth in such notice were the date originally set as the
expiration date of the Supplement and the Parties shall make an appropriate adjustment, as of
such termination date, with respect to payments due under the Supplement. Notwithstanding the
foregoing, the rent shall abate during the period of repair following such fire or other casualty in
proportion to the degree to which Lessee’s use of the Premises is impaired. Lessee will be
entitled to collect all insurance proceeds payable to Lessee on account thereof.
21. APPLICABLE LAWS.
A. “Laws” means any and all laws, regulations, ordinances, resolutions, judicial
decisions, rules, permits and approvals applicable to the subject of this Agreement or Lessee’s
use that are in force during the term of this Agreement, as lawfully amended including, without
limitation, Lessor’s city Code. Lessee and Lessor shall comply with all applicable Laws. Laws
shall include any preemptory rules, regulations and orders of the Federal Communications
Commission (the “FCC”) upon final adjudication, if any, of the same. This Agreement does not
limit any rights Lessee may have in accordance with Laws to install its own poles in the right of
way or to attach Lessee’s equipment to third - party poles located in the right of way. This
Agreement shall in no way limit or waive either party’s present or future rights under Laws.
B. In the event that any legislative, regulatory, judicial, or other action affects the
rights or obligations of the Parties, or establishes rates, terms or conditions for the construction,
operation, maintenance, repair or replacement of equipment on city infrastructure or in the right
of way, that differ, in any material respect from the terms of this Agreement (“New Law”), then
either Party may, upon thirty (30) days’ written notice, require that the terms of this Agreement
be amended to conform to the New Law. Such conformed terms shall then apply on a going
forward basis for all existing and new equipment, unless the New Law requires retroactive
application, in which case such new terms shall apply retroactively, as required by the New Law.
In the event that the parties are unable to agree upon such new terms within ninety (90) days
after such notice, then either party may seek appropriate relief with the FCC, the state regulatory
commission if appropriate, or a court of competent jurisdiction, provided that the Agreement
shall remain in effect on the same terms and conditions until determination of such relief.
C. Lessor and Lessee agrees to comply with applicable state and federal
environmental laws and regulations including those governing hazardous materials and waste;
and warrants that it administers and enforces policies, practices and procedures sufficient to
achieve such compliance with respect to its facilities
Created for the City of Richfield using League 11 /29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 13
22. GOVERNMENT DATA. The Parties acknowledge and agree that this
Agreement is considered public data not on individuals and is accessible to the public under
Minnesota Statutes, Section 13.03. Lessee and Lessor agree to abide by the applicable
provisions of the Minnesota Government Data Practice Act, Minnesota Statues, Chapter 13, and
all other applicable state or federal rules, regulations or orders pertaining to privacy or
confidentiality.
23. PROMPT BILLING. Any charges payable by Lessee under this Agreement other
than permit fees and annual rental shall be billed by Lessor within one (1) year from the end of
the calendar year in which the charges were incurred; any charges beyond such period shall not
be billed by Lessor, and shall not be payable by Lessee.
24. GENERAL PROVISIONS.
A. Entire Agreement. This Agreement and any associated Supplement supersedes
any prior or contemporaneous representations or agreements, whether written or oral, between
the Parties and contains the entire agreement.
B. Captions. Captions contained in this Agreement are for reference only, and
therefore, have no effect in construing this Agreement.
C. Ambiguities. If any term of this Agreement is ambiguous, it shall not be
construed for or against any Party on the basis that the Party did or did not write it.
D. Amendments. Any modification or amendment to this Agreement shall require a
written agreement signed by both Parties.
E. Third Party Rights. This Agreement is not a third party beneficiary contract and
shall not in any respect whatsoever create any rights on behalf of any person or entity not
expressly a party to this Agreement.
F. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Minnesota. The venue for all proceedings related to this
Agreement shall be in the state and federal courts whose jurisdiction includes Hennepin County,
Minnesota, without waiver of any right to removal.
G. Waiver. The failure of either Party to insist upon strict performance of any of the
terms or conditions of this Agreement or the waiver by either Party of any breach or failure to
comply with any provision of this Agreement by the other Party shall not be construed as, or
constitute a continuing waiver of such provision or a waiver of any other breach of or failure to
comply with any other provision of this Agreement.
H. Force Majeure. Except for payment of sums due, neither Party shall be liable to
the other or deemed in default under this Agreement, if and to the extent that a Party’s
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 14
performance is prevented by reason of force majeure. “Force majeure” includes war, an act of
terrorism, fire, earthquake, flood and other circumstances which are beyond the control and
without the fault or negligence of the Party affected and which by the exercise of reasonable
diligence the Party affected was unable to prevent.
I. Further Assurances. From and after the execution of this Agreement, the parties
shall fully cooperate with each other and perform any further act(s) and execute and delivers any
further documents which may be necessary in order to carry out the purposes and intentions of
this Agreement.
J. Savings Clause. If any court finds any portion of this Agreement to be contrary to
law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and
effect.
K. Counterparts. This Agreement may be signed in counterparts, each of which shall
be deemed an original, and which taken together shall be deemed to be one and the same
document.
Signature Page Follows
Created for the City of Richfield using League
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement
11/29/2017
Page 15
IN WITNESS WHEREOF, the Parties, have caused this Agreement to be
approved on the date above.
Lessor:
City of Richfield
By:_____
Name:___
Its: Mayor
Date: ___
By:___________
Name:_________
Its: City Manager
Date:__________
Lessee:
Title:
Date
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 16
EXHIBIT A
COLLOCATION AGREEMENT SUPPLEMENT
This Collocation Agreement Supplement (“Supplement”), is made this_______day of________,
20_______between the City of Richfield, a Minnesota local government unit, with its principal
offices located at 6700 Portland Avenue in Richfield, Minnesota 55423, (“Lessor” and Verizon
Cellco Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon
Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (“Lessee”).
1. SMALL WIRELESS FACILITY COLLOCATION AGREEMENT. This
Supplement is a Supplement as referenced in that certain Small Wireless Facility Collocation
Agreement between the City of______________and_______________, dated___________
______, 20___, (the
“Agreement”). All of the terms and conditions of the Agreement are incorporated herein by
reference and made a part hereof without the necessity of repeating or attaching the Agreement.
In the event of a contradiction, modification or inconsistency between the terms of the
Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms
used in this Supplement shall have the same meaning described for them in the Agreement
unless otherwise indicated herein.
2. PREMISES. Lessor hereby leases to Lessee certain spaces on and within Lessor's
Property located at______________, including the location of the Wireless Support Structure
on the Property is shown on Exhibit 1 attached hereto and made a part hereof. The Equipment
Space, Antenna Space and Cabling Space are as shown on Exhibit 2, attached hereto and made a
part hereof.
3. TERM. The Commencement Date and the Term of this Supplement shall be as set
forth in the Agreement.
4. CONSIDERATION. Rent under this Supplement shall be $175.00 per year,
payable to the City of Richfield at 6700 Portland Avenue, Richfield, MN 55423 as set forth in
the Agreement
Lessor [is/is not] providing electricity pursuant to Paragraph 7 of the Agreement,
therefore [an/no] annual electrical service fee shall be added to the annual rent due under this
Supplement.
5. SITE SPECIFIC TERMS.
,Cp\ In this section, include any site-specific terms, including whether Lessee will be installing a
replacement Wireless Support Structure.
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 17
IN WITNESS WHEREOF, the Parties, have caused this Agreement to be approved on
the date above.
Lessor:
City of Richfield
By:_____
Name:___
Its: Mayor
Date: ____
By:___________
Name:_________
Its: City Manager
Date:__________
Lessee:
BY:
Name:
Title:
Date
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 18
EXHIBIT 1
Site Plan of Property
Created for the City of Richfield using League 11/29/2017
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement Page 19
EXHIBIT 2
Equipment Space (if any), Antenna Space and Cabling Space
e and Cabling Space
Created for the City of Richfield using League
of Minnesota Cities Model Contract: Small
Wireless Facility Collocation Agreement
11/29/2017
Page 20
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #2.E.
STAFF RE P ORT NO. 49
CIT Y COUNCIL ME E T ING
3/24/2020
RE P O RT P RE PA RE D B Y: Joe P owers, A ssistant C ity E ngineer
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector/C ity E ngineer
3/18/2020
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
3/19/2020
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of a bid tabulation and award of contract to Bituminous Roadways Inc. for the
2020 Mill and Overlay project in the amount of $2,239,139.50 and authorize of the City Manager to
approve contract changes under $175,000 without further City Council consideration.
E X E C UT IV E S UM M ARY:
This is the final year of the six year Accelerated Mill and Overlay Program. Approximately 15 miles
of residential roads will receive mill and overlay in 2020. The residential roads have not received any major
resurfacing since they were originally constructed in the 1970s. To prepare for this year's mill and overlay,
repairs to curbs, sidewalks, catch basins, and manholes were completed in 2019. CenterPoint Energy also
installed new gas lines and services in 2019 and will complete this work in Spring 2020, prior to the mill and
overlay project.
For roads that are adequate candidates, mill and overlay is a cost effective maintenance solution that provides
most of the benefits of new construction at a fraction of the cost. The surface is milled to remove the top 2"-3"
of asphalt and a new asphalt top layer is applied improving the surface integrity of the road and eliminating
patching needs. Typically the base layer of these roads is found to be in good condition. I n conjunction with
regular maintenance, the life of a roadway can be extended beyond the original intended life of 20-30 years.
Bids for the mill and overlay project were opened on March 10, 2020. Bituminous Roadways I nc. was the
lowest responsive and responsible bidder in the amount of $2,239,139.50
RE C O M M E ND E D AC T I O N:
By motion: Approve the bid tabulation and award of contract to Bituminous Roadways Inc. for the
2020 Mill and Overlay project in the amount of $2,239,139.50 and authorize the City Manager to
approve contract changes under $175,000 without further City Council consideration.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The residential roads were originally constructed between 1972 and 1977. A pavement
management program began in 1980. That policy direction was set to protect the City’s capital
investment and maintain an acceptable roadway system. The City’s ongoing preventive
maintenance program is essential in delaying the costs associated with total reconstruction.
I n September 2014, residential mill and overlay was approved in the Five-Year Reconstruction
Plan for the purpose of utilizing Street Reconstruction Bonds to finance the work in place of
special assessments. The bonds are paid down by an increase in the electric and gas franchise
fees, effective April 2014.
Approximately 85 miles of roadway will be milled and overlaid as part of the six year program.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City has adopted a pavement management program to maintain the quality of the road and
prolong the life of the capital investment.
I n 2013, the City Council approved an Accelerated Mill and Overlay Program to complete the
remaining 85 miles of roads that have not received any major resurfacing since they were
constructed. This program also includes the repair of storm and sanitary manhole collars and
catch basins, as needed.
An increase in electric and gas franchise fees was approved in 2013, and enacted in
April 2014, to fund the Accelerated Mill and Overlay Program.
C.C R IT IC AL T IMIN G IS S U E S:
The mill and overlay work is scheduled to begin May 4, 2020, and be completed by J une 26,
2020.
Regular preventive maintenance techniques are effective in delaying costly street reconstruction
projects.
D.F IN AN C IAL IMPAC T:
Nine (9) bids were received for the 2020 Mill and Overlay project.
The lowest responsive and responsible bid was $2,239,139.50 submitted by Bituminous
Roadways, I nc.
This cost of this work is within the project budget and funded by existing franchise fees.
A recent history of bid prices for mill and overlay:
Year Bid Price Asphalt (ton)Contractor
2008 $40.00 Harddrives
2010 $47.00 Valley Paving
2015 $52.00 Harddrives
2016 $40.80 Park Construction
2017 $37.00 Bituminous Roadway s
2018 $36.85 Bituminous Roadway s
2019 $45.00 Bituminous Roadway s
2020 $48.75 Bituminous Roadways
Additional work may be added or subtracted from the mill and overlay contract depending on
actual cost of construction.
E.L E GAL C ON S ID E R AT ION:
W hen the amount of purchase is estimated to exceed $175,000, sealed bids shall be solicited by
public notice in the manner and subject to the law governing contracts or purchases by the City of
Richfield.
The advertisement for bid for the project was published in the Richfield Sun-Current on February
13, 2020, and on the Questcdn.com website on February 6, 2020.
Bid opening was held on March 10, 2020. A copy of the bid tabulation is attached.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
2020 Mil and Overlay B id Tab B ackup Material
2020 Mil and Overlay Map B ackup Material
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