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2017.05.02 Council Meeting Packet Posted: April 28, 2017 City Council Meeting Schedule May 2, 2017 Time Type of meeting Location 6:20 p.m. 1st Council work session to discuss:  Police Department Body Camera Pilot Program Policy  Events – what determines if they’re city events or not Conference Room A 7:00 p.m. City Council meeting Council Chambers Following the City Council meeting 2nd Council work session to discuss:  West Metro Fire-Rescue District quarterly update  West Metro Fire-Rescue District governance  Constituent issues update  New business  Announcements Conference Room A Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 28, 2017 City Council First Work Session Agenda May 2, 2017 6:20 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at ______ p.m. on May 2, 2017 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Budziszewski ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Gilchrist ____ Kolb ____ Revering ____ LaRoche ____ Elholm ____ Parsons ____ Serres ____ Adams II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Police Department Body Camera Pilot Program Policy 2. Events – what determines if they’re city events or not III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion and Integrity” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: April 26, 2017 SUBJECT: WORK SESSION ITEM: MAY 2, 2017 ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM As you are aware, the Crystal Police Department has been researching a body camera pilot program for the last two years. Per Minnesota State Statute 626.8473, a law enforcement agency and city council must provide an opportunity for public comment before written policy adoption. Attached to this memo is the draft written policy of the Body Camera Pilot Program. At the May 2, 2017 work session we will be discussing the policy with you and asking that at the May 16, 2017 council meeting you ask for public comment. As always, please let me know if you have any questions. Thanks. City Council Meeting Agenda May 2, 2017 7 p.m. Council Chambers The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda.* 3. Proclamation 3.1 The Council will proclaim May 3 as Arbor Day in the City of Crystal. 4. Appearance 4.1 Hennepin County Attorney Mike Freeman will provide a community update to the Council.* 5. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the minutes from the following meetings: a. The regular City Council meeting on April 19, 2017. b. The regular City Council work session on April 19, 2017. 5.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 5.3 Approval of a resolution to re-authorize the Master Partnership Agreement with the Minnesota Department of Transportation. Crystal currently has a contract with MNDOT but it expires June 30. Th ere is no cost to the agreement and the agreement allows for faster contracting should some issue or project come up. Recommend approval of the resolution re-authorizing execution of the agreement. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal City Council Meeting Agenda May 2, 2017 Page 2 of 3 6. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas.) 7. Regular Agenda 7.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 7.2 The Council will consider a resolution awarding the contract to paint the old utilities building. The 2017 PIR includes $15,000 for painting the old utilities building. Recommend approval of the resolution awarding the contract to Rainbow Painting Inc. to paint the old utilities building. 7.3 The Council will consider a resolution awarding the contract to replace an air conditioning unit at City Hall. The 2017 PIR includes $40,000 for replacing a third air conditioning unit at City Hall. In order to maintain consistency with existing units and the HVAC contract or, recommend approval of the contract with UHL for replacing the air conditioning unit at City Hall. 8. Announcements a. The Parks & Recreation Commission will host the annual Arbor Day Celebration and Neighborhood picnic on Wednesday, May 3, at 6 p.m. at Yunkers Park, 8617 31st Avenue North. b. Crystal Community Plant Swap, Sunday, May 7, from 5 – 5:30 p.m. , South Parking Lot at Community Center. c. The Public Works Connects Us Celebration to celebrate the final phase of street reconstruction will be Wednesday, May 10, at 6 p.m. at Skyway Park, 61st and Florida. d. Crystal Crime Prevention Board is holding its annual Jail & Bail Fundraiser on Wednesday, May 17, 11 a.m. – 1 p.m. at the Crystal Police Department Neighborhood Outreach Office. Crystal City Council Meeting Agenda May 2, 2017 Page 3 of 3 e. Crystal Business Association meets on Wednesday, May 17, at 8:30 a.m. at Herzing University, 5700 West Broadway. f. Quad Communities Beyond the Yellow Ribbon is hosting its 3rd annual Glow Golf Tournament on Thursday, May 18, at 6 p.m. at New Hope Golf Course, 8130 Bass Lake Road. g. Crystal Fund for Community Progress Plant Sale on Saturday, May 20, from 9 a.m. – 2 p.m. at the Crystal Community Center. h. Girl and Boy Scout troops are invited to lead the pledge at City Council meetings. Troops that are interested may contact city staff for information. i. City council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 9. Adjournment 10. May 2, 2017 Meeting Schedule Time Type of meeting Location 6:20 p.m. 1st Council work session to discuss:  Police Department Body Camera Pilot Program Policy  Events – what determines if they’re city events or not Conference Room A 7 p.m. City Council meeting Council Chambers Following the City Council meeting 2nd Council work session to discuss:  West Metro Fire-Rescue District quarterly update  West Metro Fire-Rescue District governance  Constituent issues update  New business*  Announcements* Conference Room A * Denotes no supporting information included in the packet. Have a great weekend. See you at Tuesday’s meeting. PROCLAMATION CRYSTAL 2017 ARBOR DAY CELEBRATION MAY 3 2017 WHEREAS, Crystal is a tree city and has been a tree city since 1998; and WHEREAS, the Crystal Parks & Recreation Commission serves as Crystal’s Tree Board; and WHEREAS, as Crystal’s Tree Board, the Parks & Recreation Commission holds an annual community event to recognize the importance of trees in our community, to provide information to residents on the importance of trees for shade, wildlife habitat, and erosion prevention; and WHEREAS, this year’s Crystal Arbor Day Celebration will be Wednesday, May 3, at 6 p.m. at Yunkers Park at 8617 31st Avenue North; and WHEREAS: the City of Crystal wishes to promote the Parks & Recreation Commission and their Arbor Day Celebration. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim Wednesday, May 3, 2017, as ARBOR DAY and the month of May as Arbor Month in the City of Crystal. Dated this 2nd day of May, 2017 _________________________ Jim Adams, Mayor 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 3.1 City Council meeting minutes April 19, 2017 Page 1 of 9 1. Call to Order, Roll Call and Pledge of Allegiance Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on April 19, 2017 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent: Dahl. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Public Works Director/City Engineer M. Ray, City Planner D. Olson, Recreation Director J. Elholm, Police Chief S. Revering, City Attorney T. Gilchrist and City Clerk C. Serres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2. Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Parsons and seconded by Council Member Deshler to approve the agenda. Motion carried. 3. Appearances 3.1 Police Chief S. Revering addressed the Council and Mayor Adams conducted the swearing in of Police Officer Steven Parker. 4. Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The regular City Council meeting on April 4, 2017. b. The regular City Council work sessions on April 4, 2017. c. The regular City Council work session on April 13, 2017. 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 5.1 City Council meeting minutes April 19, 2017 Page 2 of 9 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of Resolution No. 2017-50, accepting the following donations: a. $1,000 from Maxwell Aircraft Service, Inc. for Crystal Airport Open House. b. $3,282 from VFW Post 494 for Crystal K-9 Unit. Moved by Council Member LaRoche and seconded by Council Member Parsons to approve the consent agenda. Motion carried. 5. Open Forum The following person addressed the Council: • Janet Reusch, 6500 40th Ave N, regarding trash in Hagemeister Park. 6. Public Hearing 6.1 The Mayor announced the purpose of the public hearing: To receive comment for Phase 16 street reconstruction special assessments and consider a resolution to adopt assessments. Public Works Director/City Engineer M. Ray addressed the Council. The city received the following written objections: • James LaPointe, 5649 Quail Ave. N. • Marsha McMurdo and Stoney Jackson, 6000 Quail Ave. N. • Jordan Obermiller, 4718 57th Ave. N. • Richard Rostamo, 6014 Lakeland Ave. N. The Mayor opened the public hearing for testimony. The following persons addressed the Council: • Tom Mathisen, former Crystal Public Works Director/City Engineer commented on the positive aspects of street reconstruction. • Duane Baltus, 6300 Lombardy, regarding cost of project/assessment and trees in relation to sanitary sewer. • Tom Ruen, 5731 Regent Ave. N., regarding curb replacement. • Nick Obermiller, 4718 57th Ave. N., regarding cost of project/assessment. • Tiffany Kovaleski, 5626 57th Ave. N., regarding previous sewer replacement and a tree on the property. • Robert Johnson, 5612 Regent Ave. N., regarding property value concerns. • Patricia Anderson, 6313 Lombardy Ln., regarding cost of project/assessment. • Cheryl Mattison, 5824 Quail Ave. N., regarding traffic routes in the project area. • Wayne Remer, 5630 Quail Ave. N., regarding cost of project/assessment. 5.1 City Council meeting minutes April 19, 2017 Page 3 of 9 • Marjorie Keith, 5641 Quail Ave. N., regarding cost of project/assessment and trees in relation to sanitary sewer. • Garrett Bothun, 5655 Xenia Ave. N., regarding cost of project/assessment. There being no one else wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Kolb and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 51 ADOPTING ASSESSMENT ROLL FOR PHASE 16 SKYWAY PARK NEIGHBORHOOD STREET RECONSTRUCTION PROJECT #2016-16 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7. Regular Agenda 7.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member LaRoche and seconded by Council Member Parsons to approve the list of disbursements over $25,000. Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried. 7.2 The Council considered a resolution for a variance for a detached garage at 5809 Rhode Island Ave. N. City Planner D. Olson addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 52 RESOLUTION APPROVING A VARIANCE FOR 5809 RHODE ISLAND AVENUE NORTH 5.1 City Council meeting minutes April 19, 2017 Page 4 of 9 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.3 The Council considered approval of the Joint Powers Agreement between the City of Crystal and the State of Minnesota Bureau of Criminal Apprehension on behalf of the city’s prosecuting attorney. Police Chief S. Revering addressed the Council. Moved by Council Member Parsons and seconded by Council Member LaRoche to approve the Joint Powers Agreement between the City of Crystal and the State of Minnesota Bureau of Criminal Apprehension on behalf of the city’s prosecuting attorney. Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried. 7.4 The Council considered a resolution authorizing the Phase 16 Joint Powers Agreement with Brooklyn Park. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 53 AUTHORIZE JOINT POWERS AGREEMENT BETWEEN THE CITY OF CRYSTAL AND THE CITY OF BROOKLYN PARK FOR PROJECT #2016-16 PHASE 16 STREET RECONSTRUCTION Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.5 The Council considered bids and a resolution awarding the contract for the Phase 16 street reconstruction project. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Deshler and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 5.1 City Council meeting minutes April 19, 2017 Page 5 of 9 RESOLUTION NO. 2017 – 54 AWARDING CONTRACT FOR PHASE 16 SKYWAY PARK NEIGHBORHOOD STREET RECONSTRUCTION PROJECT #2016-16 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.6 The Council considered a resolution awarding the construction services contract for the Phase 16 street reconstruction project. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 55 AWARDING CONSTRUCTION SERVICES CONTRACT FOR PHASE 16 SKYWAY PARK NEIGHBORHOOD STREET RECONSTRUCTION PROJECT #2016-16 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.7 The Council considered a resolution awarding the materials testing contract for Phase 16 street reconstruction and 2017 alley construction projects. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 56 APPROVING CONSTRUCTION MATERIALS TESTING SERVICES CONTRACT FOR 2017 STREET AND ALLEY RECONSTRUCTION PROJECTS Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 5.1 City Council meeting minutes April 19, 2017 Page 6 of 9 7.8 The Council considered bids and a resolution awarding the contract for the 2017 alley reconstruction project. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Parsons and seconded by Council Member Kolb to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 57 AWARD CONTRACT FOR ALLEY RECONSTRUCTION PROJECT PROJECT #2017-07 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.9 The Council considered civil penalties for violation of liquor license regulations by Tremolo LLC d/b/a Crystal Wine and Spirits located at 4920 West Broadway. City Clerk C. Serres and Police Chief S. Revering addressed the Council. Crystal Wine and Spirits Owner Eric Charlson appeared before the Council and answered questions. Moved by Council Member Kolb and seconded by Council Member Deshler to impose a penalty of $1,500 and a license suspension of one day based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Deshler, Kolb, LaRoche, Parsons and Adams. Voting nay: Budziszewski. Absent, not voting: Dahl. Motion carried 5-1. 7.10 The Council considered civil penalties for violation of liquor license regulations by Blazin Wings, Inc. d/b/a Buffalo Wild Wings #69 located at 5590 West Broadway. City Clerk C. Serres addressed the Council. Crystal Buffalo Wild Wings General Manager Matthew Wheeler appeared before the Council and answered questions. Moved by Council Member Kolb and seconded by Mayor Adams to impose a penalty of $250 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Kolb, Adams and Deshler. 5.1 City Council meeting minutes April 19, 2017 Page 7 of 9 Voting nay: LaRoche, Parsons and Budziszewski. Absent, not voting: Dahl. Motion failed 3-3. Moved by Council Member Budziszewski to impose a penalty of $750 and a license suspension of one day based on the staff report, including the findings contained therein, and the other information presented regarding this matter. Motion failed for lack of a second. Moved by Council Member Deshler and seconded by Council Member Parsons to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: LaRoche, Parsons, Adams, Deshler and Kolb. Voting nay: Budziszewski. Absent, not voting: Dahl. Motion carried 5-1. 7.11 The Council considered civil penalties for violation of liquor license regulations by Chipotle Mexican Grill of Colorado LLC d/b/a Chipotle Mexican Grill #764 located at 5608 West Broadway. City Clerk C. Serres addressed the Council. Chipotle Service Manager Jesus Sanvoba appeared before the Council. Moved by Council Member Parsons and seconded by Council Member Deshler to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Parsons, Adams, Deshler, Kolb and LaRoche. Voting nay: Budziszewski. Absent, not voting: Dahl. Motion carried 5-1. 7.12 The Council considered civil penalties for violation of liquor license regulations by El Pajaro, Inc. d/b/a El Loro Mexican Restaurant located at 99 Willow Bend. City Clerk C. Serres addressed the Council. El Loro Manager Oscar Rivera appeared before the Council. Moved by Council Member Deshler and seconded by Council Member Parsons to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. 5.1 City Council meeting minutes April 19, 2017 Page 8 of 9 By roll call and voting aye: Adams, Deshler, LaRoche and Parsons. Voting nay: Budziszewski and Kolb. Absent, not voting: Dahl. Motion carried 4-2. 7.13 The Council considered civil penalties for violation of liquor license regulations by Liquor Liquidator 3, Inc. d/b/a Liquor Liquidator 3 located at 5120 56th Ave. N. City Clerk C. Serres addressed the Council. Moved by Council Member Parsons and seconded by Council Member LaRoche to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Deshler, LaRoche, Parsons and Adams. Voting nay: Budziszewski and Kolb. Absent, not voting: Dahl. Motion carried 4-2. 7.14 The Council considered civil penalties for violation of liquor license regulations by Best Buy Beverage International LLC, d/b/a MGM Liquor Warehouse/Crystal located at 6200 56th Ave. N. City Clerk C. Serres addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Kolb to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Kolb, LaRoche, Parsons and Adams. Voting nay: Budziszewski. Abstained, not voting: Deshler. Absent, not voting: Dahl. Motion carried 4-1. 8. Announcements The Council made several announcements about upcoming events. 9. Adjournment Moved by Council Member Deshler and seconded by Council Member LaRoche to adjourn the meeting. Motion carried. The meeting adjourned at 9:07 p.m. 5.1 City Council meeting minutes April 19, 2017 Page 9 of 9 ____________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres City Clerk 5.1 City Council work session minutes April 19, 2017 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:33 p.m. on April 19, 2017 in the City Council Chambers, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I. Attendance The city clerk recorded the attendance for City Council members and staff: Council members present: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent: Dahl. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Public Works Director/City Engineer M. Ray, Recreation Director J. Elholm, Police Chief S. Revering, City Attorney T. Gilchrist and City Clerk C. Serres. II. Agenda The Council and staff discussed the following agenda items: 1. Park Master Plan update 2. City manager monthly check in 3. Constituent issues update 4. New business 5. Announcements III. Adjournment The work session adjourned at 6:57 p.m. ________________________________ Jim Adams, Mayor ATTEST: ________ Chrissy Serres City Clerk 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 5.1 Page 1 of 1 City of Crystal Council Meeting May 2, 2017 Applications for City License Rental – New 4500 Adair Ave N – Reill Properties LLC (Conditional) 3816 Colorado Ave N – Randall and Diana Romsdahl (Conditional) 3000 Douglas Dr N – Minnesota Senior Living LLC 3240-3246 Nevada Ave N – Gabe Richards (Conditional) 5542 Toledo Ave N – Kathrin Long (Conditional) 5716 Wilshire Blvd – Mike Viaene and Jon Kotrba (Conditional) 4246 Xenia Ave N – RTO Investments (Conditional) 6401 47th Ave N – Wren Rentals (Conditional) Rental – Renewal 3612 Adair Ave N – IH3 Property Minnesota LP (Conditional) 4555 Brunswick Ave N – Sean Leintz (Conditional) 2755 Douglas Dr N – Reese Pfeiffer 4841 Florida Ave N – Jason Flaa 3156 Idaho Ave N – John and Lucille Furlong (Conditional) 4812-4814 Idaho Ave N – Equitron Holdings (Conditional) 5942 Idaho Ave N – MNSF PMC Northern (Conditional) 5237 Jersey Ave N – JDA Group LLC 5324 Jersey Ave N – Andrew Patrias (Conditional) 2948 Kentucky Ave N – Wending Bao and Kin Norman Ho (Conditional) 3146 Kentucky Ave N – Nicolas Cortes (Conditional) 3232 Louisiana Ave N – Lakheshwar Singh (Conditional) 3421 Major Ave N – Royalty Estates LLC (Conditional) 4808 Maryland Ave N – Daniel and Kathy Wright 5709 Orchard Ave N – Theresa and Richard Thielen 3832 Yates Ave N – Cindy Nelson Brausen 5625 Yates Ave N – Yee Mun Leong (Conditional) 6028 36th Ave N – R Truelson (Conditional) 7017 36th Ave N – 36th Avenue Ventures, LLC (Conditional) 7025 36th Ave N – 36th Avenue Ventures, LLC (Conditional) 6700 44th Ave N – Toni Powell Law (Conditional) 7018 50th Ave N – Eduardo Valadez (Conditional) 7825 58th Pl N – Lori Terrell 5.2 Memorandum DATE: May 2, 2017 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Reauthorize the MnDOT Master Partnership Contract Summary The current MnDOT Master Partnership Contract has been in place since December 2015 and expires June 30, 2017. During that time it has not been used. Since there is no cost to the City to have it in-place and it allows for faster contracting should a project come up, it is recommended to reauthorize the contract. The MnDOT Master Partnership Contract is a general agreement that sets the framework for MnDOT providing a variety of services to the City. There is no cost to the agreement as it just sets the framework for a more streamlined project delivery in the future. Any future project will go through the normal Council review and approval process, it is just that the contracting with MnDOT will be easier (faster) because of this agreement. Potential ways this contract could be used in the future:  The City owns the traffic signal on 36 th at Cub Foods but it is operated (signal timing) by MnDOT. If repairs or re-timing or some other change is desired, this agreement could be used depending on the scope of work.  If a flashing yellow arrow is desired to be installed on a MnDOT-owned signal, this contract could be used.  In an emergency, this contract could be used to bring MnDOT resources into the City to assist with storm clean up, repair of road infrastructure, or other critical infrastructure needs. Attachments  MnDOT Master Partnership Agreement Recommended Action Motion to reauthorize the contract with the Minnesota Department of Transportation. 5.3 MnDOT Contract Number: 1028129 STATE OF MINNESOTA AND CITY OF CRYSTAL MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the “State” and the City of Crystal acting through its City Council, in this contract referred to as the “Local Government." Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a “Work Order” contracts. 7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Partnership Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2022. Page 1 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Local Government understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. “Requesting Party” is defined as the party requesting the other party to perform work under a work order contract. “Providing Party” is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State’s then-current rate for performing the Technical Services. The then-current rate may include the State’s normal and customary additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. Page 3 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 The Local Government will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Local Government to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. Page 4 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State’s request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State’s Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. 4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party Page 5 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum” or “unit rate” payment. 7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this MPC will not exceed $500,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. Page 6 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1028129 and Invoice Number ###### Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized representative. The balance due will be paid when the State’s authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. 9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government’s Authorized Representative for administering this master contract is the Local Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s performance. The Local Government’s Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government’s Project Manager will be identified in each work order contract. 10. State’s Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance. 10.2. The State’s Project Manager will be identified in each work order contract. Page 7 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, Page 8 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. Page 9 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers’ Compensation Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be Page 10 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Page 11 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State’s receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank – signature page follows] Page 12 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 MnDOT Contract Number: 1028129 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: By: (with delegated authority) Title: Title Assistant Commissioner or Assistant Division Director Date: Date: By: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By: Date: Date: Page 13 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) 5.3 Page 1 of 4 MPC Program FY 2017-2022 Exhibit A - Table of Tech Serv Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Date: 04/20/2017 If a source code is not on this list, a work order is needed. Source Code Title Description 0032 Business Unit Management All expenses of business/office managers for general management and administration of support functions. includes administering central facilities maintenance and facilities capital budgets. 0152 Support Services Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other MnDOT systems, attending staff meetings and other indirect support activities. 0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects. 0600 General Training Attended All costs (time, registration, materials, travel expenses, etc.) for attending or participating informal or informal training, including conferences that primarily provide training. 1182 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and triaxial tests. 1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT. 1421 Bridge Management System Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry. 1434 Structural Metals Inspection-Non DOT Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices) for local agency projects. 1501 Traffic Management System (TMS)Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information, managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables, monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when providing traffic operations technical assistance external to MnDOT. 1513 Traffic Management System (TMS) Integration For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation. 1520 Pavement Management System For tasks related to the operation of the pavement management system, including development and maintenance/technical support. Includes tasks to meet needs external to MnDOT. 1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample. 1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081). 5.3 Page 2 of 4 MPC Program FY 2017-2022 Exhibit A - Table of Tech Serv Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Date: 04/20/2017 If a source code is not on this list, a work order is needed. Source Code Title Description 1732 Material Testing & Inspection Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight deflectometer (FWD) testing. 1733 Concrete Plant Inspections Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with stationary concrete plants or mobile concrete paving plant inspection. 1734 Construction Materials Inspections Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete, reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices). 1735 Bituminous Plant Inspection Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with bituminous plant inspection. 1738 State Project - Specific Materials Inspection Performing material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and for SP specific tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical services in the field and offices). 1800 Field Inspection Occasional construction project field inspection (not cyclical inspection of assets); Includes field inspection of materials such as gradations, densities/DCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests, but not the actual laboratory verifications. 1870 Traffic Signal Maintenance This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements. Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public inquiries. 1871 Lighting Maintenance & Utilities All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing, maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public inquiries/complaints, review utility billings, provide data, and conduct field reviews. 1875 Locate One Call Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management system, signal systems, or roadway lighting systems. 5.3 Page 3 of 4 MPC Program FY 2017-2022 Exhibit A - Table of Tech Serv Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Date: 04/20/2017 If a source code is not on this list, a work order is needed. Source Code Title Description 1876 Traffic Counting Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field data, processing data, and developing new techniques for collection. 2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching 2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead sign structures. Includes related cable locates and traffic control. Does not include structural work. 2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement. includes related traffic control. 2222 Sign/Delineation/Marker Repair Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control. 2316 Brush & Tree Removal Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump removal/grinding. Includes related traffic control. 2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment. 2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit. 2819 Bridge Curb, Walk And Railing Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median barriers on bridges. Includes related traffic control. 2820 Bridge Deck Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or slab overlays and replacements and underside deck delamination. Includes related traffic control. 2822 Miscellaneous Bridge Maintenance This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related traffic control. 2824 Bridge Inspection-Non-Federal All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments. Includes related inspection reports and deck condition surveys. 2827 Bridge Expansion, Relief Joints All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device bolts and replacing seal glands. Includes related traffic control. 2828 Bridge Inspection-Federal Fund All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use Source Code 2824. 5.3 Page 4 of 4 MPC Program FY 2017-2022 Exhibit A - Table of Tech Serv Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Date: 04/20/2017 If a source code is not on this list, a work order is needed. Source Code Title Description 2829 Bridge Superstructure All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders. Includes related traffic control. 2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic 2834 Waterway Maintenance All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel protection repair that is not part of slope protection. Includes related traffic control. 2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control. 2863 Traffic Signal Inspection Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures. Includes labor, equipment, materials, and traffic control. 3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA. 3002 Radio/Electronic Infrastructure Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project 3005 Radio - Mobile Equipment Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list. 3009 Radio/Electronic System Upgrade & Installation Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic systems. Use for all work performed to correct or repair deficiencies found in a new installation. 3025 Tower/Building Maintenance Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing, landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC. 3027 Radio Programming Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used as fixed base radios as part of the Inter-OP System (Use 3009). 3049 On Call Electronic Communications Infrastructure Maintenance To be used by Statewide Radio Communications personnel to record on-call time. 5.3 RESOLUTION NO. 2017- _____ APPROVING MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Crystal is committed to partnering with other agencies to efficiently and effectively provide services and projects benefiting residents and businesses in the City; and WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby desires to enter into the Master Partnership Contract with MnDOT and authorizes the Mayor and City Manager to sign the contract. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Crystal City Council hereby authorizes the City Engineer to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Manager may execute such work order contracts on behalf of the City of Crystal without further approval by the City Council. Adopted by the Crystal City Council this 2nd day of May 2017. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 5.3 7.1 Memorandum DATE: May 2, 2017 TO: City Council FROM: Mark Ray, PE, Director of Public Works Brad Fortin, Parks and Building Superintendent SUBJECT: Painting contract for 6209 41st Avenue North (Old PW-Utilities and salt shed) Background The 2017 PIR includes funding for the painting of the old utilities building and the salt shed located at 6209 41st Avenue North. BU #4706 has $15,000.00 allocated for this project. Routine painting of these buildings is important to maintain the aesthetics and functionality of these facilities. This is especially important as these buildings are in a residential area. Painting of these buildings requires specialized lifting apparatus utilized by commercial painting contractors. Quotes for the painting work were obtained from two reputable painting companies:  Rainbow Painting Inc. $10,200.00  Prism Painting Inc. $15,640.00 Rainbow Painting Inc. was the lowest quote and has done other work in the City recently (Becker Park building in 2015). Recommended Action Motion to authorize the contract with Rainbow Painting for the painting of two City buildings. 7.2 RESOLUTION NO. 2017- _____ APPROVING THE CONTRACT FOR PAINTING TWO CITY BUILDINGS WHEREAS, the old utilities shop serves as a storage facility for public works and police equipment year round; and WHEREAS, the salt shed contains the City’s salt year round for winter operations; and WHEREAS, providing proper maintenance of these buildings is important for long term life of the buildings; and WHEREAS, the buildings are in a residential area with homes looking onto the site; and WHEREAS, the existing buildings need to be painted; and WHEREAS, adequate funds are allocated in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the City Manager to sign the contract with Rainbow Painting Inc. to paint the old utilities building for $10,200. Adopted by the Crystal City Council this 2nd day of May 2017. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 7.2 Memorandum DATE: May 2, 2017 TO: City Council FROM: Mark Ray, PE, Director of Public Works Brad Fortin, Parks and Facilities Superintendent SUBJECT: Replacement of City Hall A/C Condenser unit on Police Department side Background The 2017 PIR includes funds for replacing the air conditioning condensing unit for the Police Department side of the building at City Hall. BU#4336 has $40,000.00 allocated for the replacement. Replacement of the existing 20 year old air conditioning unit helps to ensure reliable cooling for the city’s Police departments HVAC needs. Emergency repairs to this unit in the past have led to its replacement scheduled for 2017. The City solicited quotes from three vendors for the 40 ton air conditioner. Shadegg Mechanical (Trane unit) $38,775.00 UHL Inc (Daiken unit) $40,800.00 Harris Mechanical (Daiken unit) $65,340.00 The other two existing air conditioning units (including one recently replaced) are Daiken units. In order to have consistent equipment for operation, parts, and repairs it is recommended that the contract for replacement be with UHL Inc. The cost difference is an additional $2,025 (5%) and is $800 (2%) over the budgeted amount. Staff is confident that cost savings in other PIR projects can close the $800 difference with the budgeted amount. Additionally, this unit will be connected to the existing City Hall building automation system (proprietary) that was setup and supported by UHL. UHL also manages the building automation system at the Community Center. With each HVAC project in the City we are trying to standardize the equipment and control system to provide improved maintenance and operation over the long term. Recommended Action Motion to approve the resolution authorizing the replacement of the A/C condensing unit to UHL Inc. for $40,800. 7.3 RESOLUTION NO. 2017- _____ APPROVING THE CONTRACT FOR REPLACEMENT OF AN AIR CONDITIONING UNIT AT CITY HALL WHEREAS, the existing air conditioning unit at City Hall has had a number of breakdowns in recent years and required emergency repairs; and WHEREAS, these repairs added unplanned costs to the City; and WHEREAS, the existing unit is 20 years old; and WHEREAS, proper air conditioning is important for building occupancy; and WHEREAS, the proposed unit is the same brand as the two other existing units; and WHEREAS, this is consistent with the City’s efforts to standardize equipment to improve overall building operation and maintenance efforts; and WHEREAS, funds are allocated in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the City Manager to sign the contract with UHL Inc. for the replacement of an air conditioning unit at City Hall on the Police Department side for $40,800. Adopted by the Crystal City Council this 2nd day of May 2017. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 7.3 Posted: April 28, 2017 City Council Second Work Session Agenda May 2, 2017 Immediately Following City Council Meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at ______ p.m. on May 2, 2017 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Budziszewski ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Gilchrist ____ Kolb ____ Larson ____ LaRoche ____ Revering ____ Parsons ____ Serres ____ Adams II. Agenda The purpose of the work session is to discuss the following agenda items: 1. West Metro Fire-Rescue District quarterly update 2. West Metro Fire-Rescue District governance 3. Constituent issues update 4. New business* 5. Announcements* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov M E M O R A N D U M DATE: April 3, 2017 TO: Crystal and New Hope City Councils FROM: Kirk McDonald, New Hope City Manager and West Metro Board Vice President Anne Norris, Crystal City Manager and West Metro Board Secretary Sarah Larson, West Metro Fire-Rescue District Chief RE: West Metro Fire-Rescue District Governance Options At its January and March work sessions, the West Metro Fire-Rescue District Board discussed the current West Metro governance structure and what works and what could be improved. The Board agreed the current model including the 7th neutral party works but several Board members have concerns that having elected officials and appointed staff (city managers) as members of the board could create a difficult situation for staff in situations where they would be voting contrary to the elected officials (effectively voting against their bosses). While the Board has full confidence in the current city managers under the current board, some board members wish to eliminate the possibility of any potential conflict in the future. The Board also discussed having the District function more like a city department (city manager responsible for department head, department head responsible for department operations, etc.) In summary, the West Metro Board discussed the following as potential benefits to changes in governance: - Have West Metro run more like a city department (i.e., city managers and fire chief handle operational issues) - Board not involved in operations – only policy and budget - Not have elected officials and appointed staff (city managers) as peers At its March work session, the Board requested both city councils provide comments on possible changes to the governance and structure of West Metro Fire-Rescue District. Option 1: - Keep Board as is - Board meets regularly to review financial matters, approve budget, policies Option 2: - Reduce Board to 5 – 2 from each city (excluding city managers) and 1 neutral party - City managers become co-executive directors (Board chair resolves disputes) - Fire chief reports directly to executive directors instead of the board, to more closely mirror city operations (ex. Police Chief reports to City Manager, not City Council) - Board continues to meet to review financial matters, approve budget, policies (functions like a city council does for a city) The West Metro Board would also like feedback on the importance of and/or need for one of the two city representatives on the Board being a citizen representative.