2022.04.19 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 15, 2022
City Council Meeting Schedule
Tuesday, April 19, 2022
Time Meeting Location
6:15 p.m.
City Council work session to discuss:
1. Inclusion/multicultural advisory commission.
2. Constituent issues update.
3. City manager check-in.
4. New business.
5. Announcements.
Council Chambers/
Zoom
7 p.m. City Council meeting Council Chambers/
Zoom
Immediately
following the City
Council meeting
Continuation of City Council work session, if necessary Council Chambers/
Zoom
The public may attend the meetings via Zoom by connecting to them through one of the methods
identified below. Topic: Crystal City Council work session, City Council meeting, continuation of City Council work session, if
necessary.
Time: April 19, 2022, 6:15 p.m. Central Time (US and Canada)
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Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 15, 2022
City Council Work Session Agenda
Tuesday, April 19, 2022 at 6:15 p.m.
Council Chambers/Zoom
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 on Tuesday, April 19, 2022 at
_____ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. If the
agenda items are not completed in time for the regular City Council meeting at 7 p.m., the work
session will be continued and resumed immediately following the regular City Council meeting.
The public may attend the meeting via Zoom by connecting to it through one of the methods
identified on the City Council Meeting Schedule for Tuesday, April 19, 2022.
I. Attendance
Council members Staff
____ Banks ____ Norris
____ Budziszewski ____ Therres
____ Cummings ____ Gilchrist
____ Kiser ____ Elholm
____ LaRoche ____ Larson
____ Parsons ____ Ray
____ Adams ____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Inclusion/multicultural advisory commission.
2. Constituent issues update.
3. City manager check-in.
4. New business. *
5. Announcements. *
III. Adjournment
The work session adjourned at ______ p.m.
* Denotes no supporting information included in the packet.
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
CITY MANAGER WORK PLAN
MONTHLY CHECK IN – APRIL 2022
Objective 1 – Strategic planning for continued implementation of Council
priorities:
o Thriving Business Community
▪ Open To Business assistance available
▪ Community Development staff a resource for local business
community
▪ Several businesses opening or expanding (Bella’s ribbon cutting
– 4/19/22)
o Strong Neighborhoods
▪ Code enforcement – on-going
▪ Continued implementation of Master Parks System Plan
improvements – grants for pickleball courts at Becker Park and
soccer field at FAIR, dog park relocation and improvements at
Bassett Creek Park
▪ Home improvement loans/rebates available through CEE- on-
going
o Sound fiscal policies and practices
▪ Long term financial planning on-going
▪ ARPA final guidance received and discussed with Council at 4/7
work session; action on 4/19 Council agenda
o Welcoming and inclusive community
▪ Council reviewing draft of alternatives for equity and inclusion
commission at March and April work sessions
Objective 2 – Work-life balance
o Connecting with neighboring city managers
o Participate in metro and state professional organization to stay current
with trends
▪ State conference May 4 - 6
o Continue participation in peer group to hone professional skills
(monthly meetings)
Objective 3 – Monitor difficult conversations regarding Council effectiveness
o Council discussed inclusion/equity recommendations at monthly work
sessions – discussion to continue on April 19
Page 1 of 2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 15, 2022
City Council Meeting Agenda
Tuesday, April 19, 2022
7 p.m.
Council Chambers/Zoom Meeting
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. Appearances
3.1 The Mayor will recognize recipients of the 2022 Neighbors Recognizing Neighbors awards.
4. Consent Agenda
The Council will consider 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 City Council work session on April 5, 2022.
b. The City Council meeting on April 5, 2022.
c. The City Council work session on April 7, 2022.
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 a resolution designating how American Rescue Plan Act funds will be designated.
4.4 Approval of a resolution authorizing the Master Partnership Contract with the Minnesota
Department of Transportation.
4.5 Approval of a resolution authorizing the professional services contract for work at the Golden
Valley and Crystal Joint Water Commission pump houses.
5. 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).
Page 2 of 2
6. Regular Agenda
6.1 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.
6.2 The Council will consider a resolution approving the replacement of gym windows at the
Crystal Community Center.
The building capital fund includes funds for replacing gym windows at the Community
Center. Recommend adoption of the resolution approving these replacement windows.
6.3 The Council will consider a resolution approving pickleball and basketball court
improvements at Becker Park.
The parks capital fund includes funds for resurfacing and improving the courts at Becker
Park. The current tennis courts will be converted to pickleball courts. Recommend
adoption of the resolution approving resurfacing and painting the basketball and pickleball
courts and installing a sunshade at the Becker Park courts.
6.4 The Council will consider a resolution approving the purchase of replacement security
cameras for the recreation department.
The existing security cameras at the Community Center, pool, and skate park were installed
some time ago and need to be replaced. There are funds for replacing these cameras in the
IT fund. Recommend adoption of the resolution authorizing this replacement purchase.
7. Announcements
a. The next City Council meeting is Tuesday, May 3 at 7 p.m. in the Council Chambers at City Hall
and via Zoom.
b. The Parks and Recreation Commission will host the annual Arbor Day celebration and park
clean-up on Wednesday, May 4, from 6 - 7:30 p.m., at Bass Lake Park, 5601 Xenia Ave. N.
c. Metro Transit and Hennepin County are having a community meeting about the Blue Line
Extension on Thursday, May 5 from 5 - 7 p.m. at the Crystal Community Center.
d. 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.
8. Adjournment
Have a great weekend; see you at Tuesday’s meeting.
Memorandum
DATE: April 6, 2022
TO: Mayor and Council
FROM: Anne Norris, City Manager
SUBJECT: 2022 Neighbors Recognizing Neighbors Awards
____________________________________________________________________
Since 2017, the City of Crystal has honored those who make our city a wonderful place
to live and work with its Neighbors Recognizing Neighbors recognition awards program.
Each spring, the city seeks nominations from residents who want a wonderful neighbor
recognized for their kindness and helpfulness. This year, the Parks and Recreation
Commission reviewed the nominations and picked four winners for 2022.
All four award winners recently received their inscripted Crystal awards, and a video
presentation has been put together to honor them and their contributions to our
community.
In this presentation, we will hear from 2022 winners Garnet Barnett, Janet and Dean
Birkolz, Kate and Sean Pegg, and Keith Weiman.
The winners were invited to the City Council meeting and most, if not all of them, said
they would attend.
3.1
Crystal City Council work session minutes April 5, 2022
Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the
work session of the Crystal City Council was held at 6:56 p.m. on April 5, 2022 in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. 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, Banks, Budziszewski, Cummings, and Kiser.
Council members LaRoche and Parsons were absent.
City staff present: City Manager A. Norris, Assistant City Manager K. Therres, City Attorney J. Hill,
Recreation Director J. Elholm, West Metro Fire-Rescue District Chief S. Larson, Community
Development Director J. Sutter, Lieutenant P. Underthun, Officer G. Kusick, and City Clerk C. Serres.
II.Agenda
The Council and staff discussed the following agenda item s:
1.Constituent issues update.
2.New business.
3.Announcements.
III.Adjournment
The work session adjourned at 6:57 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Chrissy Serres, City Clerk
4.1(a)
Crystal City Council meeting minutes April 5, 2022
Page 1 of 3
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
April 5, 2022 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal,
Minnesota, and via Zoom. 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, Banks, Budziszewski, Cummings, Kiser, and Parsons.
Council Member LaRoche was absent.
City staff present: City Manager A. Norris, Assistant City Manager K. Therres, City Attorney J. Hill,
Recreation Director J. Elholm, West Metro Fire-Rescue District Chief S. Larson, Community
Development Director J. Sutter, City Planner D. Olson, Lieutenant P. Underthun, Officer G. Kusick,
and City Clerk C. Serres. Public Works Director M. Ray was present via Zoom.
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 Banks and seconded by Council Member Parsons to approve the agenda.
Motion carried.
3.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
3.1 Approval of the minutes from the following meetings:
a. The City Council work session on March 15, 2022.
b. The City Council meeting on March 15, 2022.
c. The City Council special meeting on March 29, 2022.
3.2 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.
3.3 Approval of Res. No. 2022-27, establishing the dates and offices for the 2022 municipal
elections.
Moved by Council Member Parsons and seconded by Council Member Banks to approve the consent
agenda.
Voting aye: Adams, Budziszewski, Cummings, Kiser, and Parsons.
Abstention: Banks
Absent, not voting: LaRoche
Motion carried.
4.Open Forum
No public comment was given during open forum.
4.1(b)
Crystal City Council meeting minutes April 5, 2022
Page 2 of 3
5. Regular Agenda
5.1 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 Banks and seconded by Council Member Kiser to approve the list of
disbursements over $25,000.
Voting aye: Adams, Banks, Budziszewski, Cummings, Kiser, and Parsons.
Absent, not voting: LaRoche
Motion carried.
5.2 The Council considered approval of the site plan for Odam Medical Clinic at 6014 Lakeland Ave.
N.
City Planner Dan Olson addressed the Council. The applicant’s architect, Tom Ofsthun, also
addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Banks to approve the
site plan for Odam Medical Clinic at 6014 Lakeland Ave. N. with the inclusion of the Planning
Commission’s findings and conditions.
Voting aye: Adams, Banks, Budziszewski, Cummings, Kiser, and Parsons.
Absent, not voting: LaRoche
Motion carried.
5.3 The Council considered a resolution to purchase furniture for the new police department facility
and city administrative offices.
Assistant City Manager Kim Therres addressed the Council.
Moved by Council Member Banks and seconded by Council Member Budziszewski to adopt the
following resolution:
RESOLUTION NO. 2022 – 28
RESOLUTION APPROVING PURCHASE OF A FURNITURE AGREEMENT
FOR THE POLICE DEPARTMENT BUILDING AND CITY ADMINISTRATIVE OFFICES
Voting aye: Adams, Banks, Budziszewski, Cummings, Kiser, and Parsons.
Absent, not voting: LaRoche
Motion carried, resolution declared adopted.
5.4 The Council considered a resolution approving plans and specifications and authorizing
advertisement for bids for parking lot improvements at Grogan Park (the Community Center) and
parking lot and dog park improvements at Bassett Creek Park.
Recreation Director John Elholm addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Cummings to adopt
the following resolution:
4.1(b)
Crystal City Council meeting minutes April 5, 2022
Page 3 of 3
RESOLUTION NO. 2022 – 29
APPROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
FOR IMPROVEMENTS IN GROGAN PARK AND BASSETT CREEK PARK
Voting aye: Banks, Budziszewski, Cummings, and Kiser.
Voting nay: Adams and Parsons.
Absent, not voting: LaRoche
Motion carried, resolution declared adopted.
5.5 The Council considered approval of a Memorandum of Understanding (MOU) for 2021 and 2022
health insurance contributions for Law Enforcement Labor Services (LELS), Local #56 (Police
Supervisors).
Assistant City Manager Kim Therres addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Banks to approve a
MOU for 2021 and 2022 health insurance contributions for LELS, Local #56 (Police Supervisors).
Voting aye: Adams, Banks, Budziszewski, Cummings, Kiser, and Parsons.
Absent, not voting: LaRoche
Motion carried.
6. Announcements
The Council made announcements about upcoming events.
7. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member Banks to adjourn
the meeting.
Motion carried.
The meeting adjourned at 7:42 p.m.
_____________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Chrissy Serres, City Clerk
4.1(b)
Crystal City Council work session minutes April 7, 2022
Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the
work session of the Crystal City Council was held at 6:30 p.m. on April 7, 2022 in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. Mayor Adams called the meeting to
order.
I.Attendance
The city manager recorded the attendance for city council members and staff:
Council members present: Adams, Budziszewski, Kiser, LaRoche, and Parsons.
Council members Banks and Cummings were absent.
City staff present: City Manager A. Norris. Finance Director J. McGann and Assistant Finance Director
J. Bursheim were present via Zoom.
II.Agenda
The Council and staff discussed the following agenda item:
1.Use of American Rescue Plan Act (ARPA) funds.
The Council continued discussion of the following agenda item to the April 19 City Council work
session:
2.Inclusion/multicultural advisory commission.
III.Adjournment
The work session adjourned at 6:47 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Anne Norris, City Manager
4.1(c)
Page 1 of 2
City of Crystal Council Meeting
April 19 2022
Applications for City License
Lawful Gambling – Temporary Permit
The Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for an event on May 20, 2022)
Liquor – Off-Sale
Klever Liquor, Inc. d/b/a Klever Liquor, 5120 56th Ave. N., Crystal, MN 55429
Liquor – Temporary On-Sale
The Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for an event on May 20, 2022)
Multiple Animal - Commercial
Emily Pollnow, 3035 Hampshire Ave. N., Crystal, MN 55427
Pet Supplies Plus, 345 Willow Bend, Crystal, MN 55428
Multiple Animal - Noncommercial
Jessica Barnhart, 4848 Florida Ave. N., Crystal, MN 55428
Justin Tucker, 8400 Northern Dr., Crystal, MN 55427
Tracey Videen, 4901 Vera Cruz Ave. N., Crystal, MN 55429
Rental – New
5023 Angeline Ave. N. – Bridget Nelson (Conditional)
Rental – Renewal
3313 Brunswick Ave. N. – Jon Miller (Conditional)
4212 Brunswick Ave. N. – John Bunkers
5127 Edgewood Ave. N. – CapGrow Holdings JV Sub VIII LLC (Conditional)
5101 Fairview Ave. N. – Todd and Andrea Zimmermann
2717 Hampshire Ave. N. – Blake Flettre
3109 Hampshire Ave. N. – Aron Johnson (Conditional)
2942 Idaho Ave. N. – CRGV Properties LLC (Conditional)
5132 Lakeside Ave. N. – Luisa Wiegand
3520 Lee Ave. N. – Lance Rosenberg (Conditional)
3537 Lee Ave. N. – Sarah Thorsen and Matthew Kluck (Conditional)
4700 Maryland Ave. N. – LSF8 Master Participation TR (Conditional)
5621 Perry Ave. N. – Lance Nordin
5202 Quail Ave. N. – Jay Bawar
2721 Vera Cruz Ave. N. – An Nguyen (Conditional)
4527 Welcome Ave. N. – Tom Kackman
3832 Yates Ave. N. – Cindy Brausen (Conditional)
3100 Yukon Ave. N. – ADS LLC (Conditional)
4227 Zane Ave. N. – MNSF (Conditional)
8009 33rd Pl. N. – CRGV Properties LLC
5925 36th Ave. N. – Bridge SFR IV Borrower LLC (Conditional)
4.2
Page 2 of 2
Rental – Renewal – cont’d
6812 44th Ave. N. – J&J Rental Properties
6727 46th Ave. N. – ADS LLC (Conditional)
5022 49th Ave. N. – MNSF (Conditional)
4824 59th Ave. N. – HPA II Borrower 2019-1 LLC
Tobacco
Eknoor, Inc. d/b/a Mini Grocery 2708 Douglas Dr. N., Crystal, MN 55422 (license was pre-
approved by City Manager Anne Norris on April 6, 2022)
Klever Liquor, Inc. d/b/a Klever Liquor, 5120 56th Ave. N., Crystal, MN 55429
Tree Trimmer
Monster Tree Service, 16526 W. 78th St., #320, Eden Prairie, MN 55346
4.2
4.3
4.3
CITY OF CRYSTAL
RESOLUTION NO. 2022 - ______
A RESOLUTION TO ELECT THE STANDARD ALLOWANCE
AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT
WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (“ARPA”) which
included $65 billion in recovery funds for cities across the country.
WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments
in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their
communities, residents, and businesses.
WHEREAS, The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to
States and territories which will distribute the funds to nonentitlement units of local government
(NEUs).
WHEREAS, The ARPA requires that States and territories allocate funding to NEUs in an
amount that bears the same proportion as the population of the NEU bears to the total population
of all NEUs in the State or territory.
WHEREAS, $2,502,454 has been allotted to the City of Crystal (“City”) pursuant to ARPA.
WHEREAS, The Coronavirus State and Local Fiscal Recovery Funds ensures that governments
have the resources needed to fight the pandemic and support families and businesses struggling
with its public health and economic impacts, maintain vital public services, even amid declines
in revenue, and build a strong, resilient, and equitable recovery by making investments that
support long-term growth and opportunity.
WHEREAS, In May 2021, the US Department of Treasury (“Treasury”) published the Interim
Final Rule describing eligible and ineligible uses of funds as well as other program provisions,
sought feedback from the public on these program rules, and began to distribute funds.
WHEREAS, on January 6, 2022, Treasury issued the final rule. The final rule delivers broader
flexibility and greater simplicity in the program, responsive to feedback in the comment process.
WHEREAS, the final rule offers a standard allowance for revenue loss of up to $10 million.
WHEREAS, recipients that select the standard allowance may use that amount, in many cases
their full award, for government services, with streamlined reporting requirements.
4.3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CRYSTAL, MINNESOTA, THE CITY ELECTS THE STANDARD ALLOWANCE
AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE AMERICAN
RESCUE PLAN ACT IN THE AMOUNT OF $2,502,454 TO BE USED FOR THE
GENERAL PROVISION OF GOVERNMENT SERVICES.
Adopted by the City Council of Crystal, Minnesota this 19th day of April, 2022.
________________________
Jim Adams, Mayor
Attest:
________________________
Chrissy Serres, City Clerk
4.3
Memorandum
DATE: April 19, 2022
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Reauthorize the MnDOT Master Partnership Contract
Summary
The City has had a MnDOT Master Partnership Contract in place since December 2015 and the current
version expires June 30, 2022. Since at least 2015 the contract 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 agreement.
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 36th 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.
Attachment
•MnDOT Master Partnership Contract
Recommended Action
Motion to approve the Master Partnership Contract with the Minnesota Department of Transportation
4.4
MnDOT Contract Number: 1050145
Master Partnership Contract Template 1
Updated 02/09/2022
STATE OF MINNESOTA
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 Crystal City, acting through its City Council, in this contract referred to as the
“Other Party.”
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.
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 July 1st, 2022, or upon the date last signed by all State
officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not
begin work under this Contract until ALL required signatures have been obtained and the Other Party has
been notified in writing to begin such work by the State’s Authorized Representative.
1.2. Expiration Date. This Contract will expire on June 30, 2027.
1.3. Exhibits. Exhibit A is attached and incorporated into this agreement.
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Other Party) for each particular engagement, except for Technical Services provided by the State to the
Other Party 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
4.4
MnDOT Contract Number: 1050145
2
executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in
the work order. The Other Party 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 Other Party.
If requested and authorized by the Other Party, these services may be performed by the State for the Other
Party 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
(If you have questions regarding whether a service is covered under 2.1.1, please contact Contract
Management).
2.2. The Other Party 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 Other Party 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 Other Party 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 Other Party 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.
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) cultural resources, engineering services, surveying, foundation recommendations and reports,
environmental documentation, right‐of‐way assistance (such as performing appraisals or providing
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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 Other Party 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. The Other Party 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
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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 Other Party 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 Other Party 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.
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.
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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 Other Party will tender the processing and defense of any
such claims to the State upon the State’s request.
4.3.10. The Other Party 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 Other Party is the Providing Party, and there is work performed on the trunk highway right‐of‐
way, the following will apply:
a. The Other Party 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 Other Party, or its contractor, if work is suspended or stopped
due to any such condition or concern.
b. The Other Party will require its contractor to conduct all traffic control in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
c. The Other Party 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.
d. All improvements constructed on the State’s right‐of‐way will become the property of the State.
5. Responsibilities of the Requesting Party
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 Other Party 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
6.1. In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
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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 Other Party 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 Other Party 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 Other Party.
a. The Other Party will make payment to the order of the Commissioner of Transportation.
b. 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.
c. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1050145W[XX] and Invoice Number: 00000[#####]
(see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
a. Generally. The State will promptly pay the Other Party after the Other Party 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.
b. 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 Other Party has
satisfactorily fulfilled all the terms of the work order contract.
8. Conditions of Payment
8.1. 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
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regulations. The Providing Party will not receive payment for work found by the Requesting Party to be
unsatisfactory or performed in violation of federal or state law.
9. State’s Authorized Representative and Project Manager
9.1. 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.
9.2. The State’s Project Manager will be identified in each work order contract.
10. Other Party’s Authorized Representative and Project Manager
10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s
Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other
Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other
Party without approval of each proposed work order contract by its governing body.
10.2. The Other Party’s Project Manager will be identified in each work order contract.
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 Other Party. 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
12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other
Party’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
13.1. 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 Other Party 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 Other Party 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 Other Party or the State.
14.2. Intellectual Property Rights
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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, 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.
a. 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.
b. 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
15.1. 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 Other Party 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
Other Party 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:
15.2. 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.
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15.3. 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.
15.4. Minn. R. Parts 5000.3400‐5000.3600.
15.4.1. 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.
15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements
for disabled workers:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
15.4.3. 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.
15.4.4. 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
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16.1. 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 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 Other Party 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 Other Party’s responsibilities under the
Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
18.1. 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
19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required
by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the
Other Party 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 Other Party 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.
20.1. The Other Party 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
Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order
contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination,
4.4
MnDOT Contract Number: 1050145
11
the Other Party 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 Other Party. The State is not obligated to
pay for any services that are provided after notice and effective date of termination or suspension.
However, the Other Party 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 Other Party notice of the lack of
funding within a reasonable time of the State’s receiving that notice.
22. Data Disclosure
22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party 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 Other Party to file state tax returns and pay delinquent state tax
liabilities, if any.
23. Defense of Claims and Lawsuits
23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and
subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under
this MPC, the Other Party 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 Other Party 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
Other Party 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 Other Party, and
will not be bound by the terms of any settlement entered into by the Other Party except with the written
approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
24.1. NONE
[THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK]
4.4
MnDOT Contract Number: 1050145
12
OTHER PARTY
The Other Party certifies that the appropriate person(s)
have executed the contract on behalf of the Other Party
as required by applicable articles, bylaws, resolutions or
ordinances.
By:
Title:
Date:
By:
Title:
Date:
COMMISSIONER OF TRANSPORTATION
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
By:
Date:
4.4
Exhibit A – Table of Technical Services
Master Partnership Contract Program FY 2023-2027
Date: 3/28/2022
Source
Code Title Description
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.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
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.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
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.
2855 Bridge Inspection Direct Support Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance.
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.
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.
1421
Bridge Management System
Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
2847 Bridge Poured/ Relief Joint Seal
All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities
that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance).
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.
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.
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.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
Page 1 of 5
4.4
Source
Code Title Description
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).
1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying
2106 Crack Sealing
All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic
control.
3023 Elec Comm Eq Rep - Miles
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
1800 Field Inspection
All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review,
measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations,
densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay
quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and
transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related
activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all
miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the
construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to
determine if construction contract terms have been met.
1040 Final Design Surveys
All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys
base map or DTM.
0601 Gen Training Preparation - Delivery
Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing
materials, and managing training records.
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.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
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.
Page 2 of 5
4.4
Source
Code Title Description
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.
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.
2660 Misc Revenue
Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for
gravel sold to contractors and others.
2822 Miscellaneous Bridge Maintenance
Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work
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.
3049
On Call Electronic Communications Infrastructure
Maintenance To be used by Statewide Radio Communications personnel to record on-call time.
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.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
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.
2406 Plowing & Material Application
Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using
mobile equipment. Includes changing cutting edges during event and related traffic control.
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.
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).
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
3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems.
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.
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.
Page 3 of 5
4.4
Source
Code Title Description
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.
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.
1879 State Furnished Materials
Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction
project with federal participation.
1738 State Project - Specific Materials Inspection
Performing material inspection and engineering 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 related technical
services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of 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).
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.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
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.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
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.
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.
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. Use with
Page 4 of 5
4.4
Source
Code Title Description
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.
1500 Traffic Mgt System Maintenance
Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters,
cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance
activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
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.
1870 Traffic Signal Maintenance
Work related to the structural 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.
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.
Page 5 of 5
4.4
RESOLUTION NO. 2022- _____
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 be 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 19th day of April 2022.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
4.4
Memorandum
DATE: April 19, 2022
TO: City Council
FROM: Mark Ray, PE, Crystal Director of Public Works
Pat Sele, Crystal Utilities Superintendent
SUBJECT: Crystal and Golden Valley Pump House professional services on behalf of JWC
Summary
The Joint Water Commission’s Capital Improvement Plan includes funding for work at both the Crystal
and Golden Valley pump houses. Staff reached out to Bolton & Menk to obtain a professional services
proposal to assist in the design and construction of the work at the two pump houses. Bolton & Menk
provided the professional services for the previous replacements of other pumps at both pump houses.
At the most basic level, the work is replacement of a pump at both the Crystal and Golden Valley pump
houses. However, there is a lot of related work that goes into pump replacement.
This project is a Joint Water Commission project that the City of Crystal is administering. The Joint Water
Commission has approved proceeding with this work.
Project cost
Bolton & Menk’s estimate cost is $66,700, paid for entirely by the Joint Water Commission. There will be
no direct expenditure of City funds for this project.
Project funding
This project will be funded using the Joint Water Commission’s capital project fund for pump house
work. Again, there will be no direct expenditure of City funds for this project.
Attachment
•Bolton and Menk professional services agreement
Recommended Action
Motion authorizing the professional services contract for the Joint Water Commission pump house
project
4.5
N:\Proposals\Joint Waters Commission-New Hope-Golden Valley-Crystal\HSP motor and pump replacement Crystal and Golden Valley\JWC Pump Replacement scope and fee letter
revised March 2022.docx
March 15, 2022
Patrick Sele
Utility Superintendent, City of Crystal
5001 W Broadway Ave
Crystal, MN 55429
Re: Joint Water Commission
Crystal and Golden Valley Pump and Motor Replacement
Dear Mr. Sele,
Thank you for providing us this opportunity to assist you with the pump and motor work for the Crystal
and Golden Valley pumps stations. Bolton & Menk, Inc., has the technical expertise, experience, and
resources to complete this project for the City and we appreciate your consideration.
Based on our understanding, the project will consist of the following major components:
- Crystal Pump Station: Replace motor #3 with new motor. Check pump when motor is pulled and
included line items for maintenance pump work. Motor will include anti-rotation. Balance new
motor once installed. Revise the motor to variable-speed operation using a new VFD. The new
VFD will be located within the existing MCC if space permits, else wall-mounted within the
station. Existing space constraints may limit the options for VFD location.
- Golden Valley Pump Station: Replace motor #4 with new motor. Check pump when motor is
pulled and included line items for maintenance pump work. Motor will include anti-rotation.
Balance new motor once installed. Revise the motor to variable-speed operation using a new
VFD. The new VFD will be located within the existing MCC if space permits, else wall-mounted
within the station. Existing space constraints may limit the options for VFD location. Replace
existing valve and actuator to match other actuators (Rotork).
- SCADA and Controls Work: The pump station control panels will be modified as required to
interface the VFDs. The SCADA system software will be modified to handle the new control and
monitoring including motor alarms. It is understood that the incumbent systems integrator
(Total Control Systems) will be sole-sourced for this work.
- Air Conditioning Systems: The proposed VFDs will reject heat into the Pump Station interior
areas. Bolton & Menk will separately engage a mechanical engineer to evaluate the cooling
requirements and provide any needed design.
We have identified three (3) tasks in order to complete the work as described above. A summary of the
tasks is described below:
4.5
Mr. Patrick Sele
Date: March 15, 2022
Page: 2
N:\Proposals\Joint Waters Commission-New Hope-Golden Valley-Crystal\HSP motor and pump replacement Crystal and Golden Valley\JWC Pump Replacement scope and fee letter
revised March 2022.docx
Task 1 – Preliminary Design Phase
• Assemble and review existing site data (plans, service records, etc.)
• Evaluate VFD locations for Crystal and Golden Valley
• Evaluate future VFD installation projects for both locations
• Evaluate valve and actuator options for Golden Valley replacement to be included in design
• Evaluate future valve, piping and actuator replacement for both locations
• Complete preliminary design summary memo
Task 2 – Final Design Phase
• Prepare final plans and specifications
• Design review meetings with City staff (if needed)
• Construction cost estimates
• Bidding services
Task 3 – Construction Phase
• Construction administration
• Construction observation
• Coordinating start-up services
• Record drawings
Bolton & Menk is teaming with Sheldon Sorensen from Barr Engineering for the electrical and controls
portion of this project.
We understand that the work can be done at any time, however, the plans and specifications will note
that Golden Valley must have three working pumps prior to working on the Crystal station. The plan is
to work through the design process and have plans ready for bidding in Summer 2022. Equipment lead
times have been significant recently due to supply chain issues. We will review and update the schedule
as we progress through the design process.
We propose to complete the above design and construction phase services for a total estimated fee of
$66,700. The following is a summary of our fees:
Design Phase
Preliminary Design Phase……………………………………………….$11,100
Final Design Phase ............................................................ $25,300
Subtotal Not-to-Exceed Fixed Fee ................................... $36,400
Construction Phase
Construction Administration/Shop Drawings ................... $14,800
Construction Observation ................................................ $13,500
Record Drawings ............................................................... $2,000
Subtotal Estimated Fee .................................................... $30,300
4.5
Mr. Patrick Sele
Date: March 15, 2022
Page: 3
N:\Proposals\Joint Waters Commission-New Hope-Golden Valley-Crystal\HSP motor and pump replacement Crystal and Golden Valley\JWC Pump Replacement scope and fee letter
revised March 2022.docx
Total Estimated Fee .......................................................... $66,700
Because the engineer has no direct control over the scheduling or operations of the project contractor,
construction phase services described in this proposal are estimated based on similar projects and are
proposed to be provided on an hourly basis at the rates noted.
Thank you for the opportunity to present this scope and fee letter and we look forward to working with
you, your staff, and Golden Valley staff on this project. If you need any additional information or have
any questions on the above, please do not hesitate to give me a call at (612) 803-5223.
Respectfully submitted,
Bolton & Menk, Inc.
Seth A. Peterson, P.E.
Principal Environmental Engineer
4.5
RESOLUTION NO. 2022- _____
AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR THE
JOINT WATER COMMISSION PUMP HOUSE PROJECT
WHEREAS, the Crystal City Council is committed to providing and maintaining quality
infrastructure that is essential for everyday residential, commercial, industrial, and recreational
activities in the City; and
WHEREAS, the Joint Water Commission’s (JWC) Capital Improvement Plan has funds
available for pump replacement at both the Golden Valley and Crystal pump houses; and
WHEREAS, the JWC Commissioners approved this project at their April meeting; and
WHEREAS, the City is acting on behalf of the JWC in administering this contract; and
WHEREAS, Bolton and Menk has completed previous pump replacement projects at
both JWC pump houses; and
WHEREAS, the equipment and staffing required for the design of such projects is beyond
the in-house capability of the City and Joint Water Commission.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the
contract with Bolton and Menk for the replacement of pumps at both the Golden Valley and
Crystal pump houses.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign said
contract.
Adopted by the Crystal City Council this 19th day of April 2022.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
4.5
DATE:April 13, 2022
TO:Anne Norris, City Manager
City of Crystal City Council
FROM:Jean McGann, Contracted Finance Director
RE:Expenditures over $25,000
Payee Amount
HealthPartners, Inc.April health insurance premiums $118,913.50
Kraus-Anderson Construction Co.New police building project management $64,462.48
Berwald Roofing Company, Inc.New police building costs $145,540.00
Crawford Door New police building costs $47,718.50
George F Cook Construction Co.New police building costs $48,448.55
Laketown Electric Corporation New police building costs $77,147.52
McDowall Company New police building costs $471,569.55
Northland Concrete & Masonry New police building costs $72,219.00
River City Erectors, Inc.New police building costs $26,916.60
RTL Construction New police building costs $73,432.05
Top Lite Contract Glazing New police building costs $84,589.90
MN PERA Employee & city req contributions for 4/1/22 pay date $67,059.56
Metropolitan Council Environ Svs Wastewater services for April $142,050.57
$1,440,067.78
Description
6.1
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: April 14, 2022
TO: Mayor and City Council
Anne Norris, City Manager
FROM: John Elholm, Recreation Director
SUBJECT: Replacement of Skylight/Wall Panels at the Crystal Community Center
The 2022 capital budget includes funds to replace nine skylight/wall panels in the gyms at the
Crystal Community Center. The current skylight/wall panels are original to the 30-year old
building. The project here will replace all nine skylight/wall panels (three in each gym) with the
same Kalwall brand of insulated panels. The new panels are 50% more efficient than the
existing ones.
Quotes received for this project are as follows:
•W. L. Hall, Co.$ 49,365
•Spec Pro, Inc.$ 59,209
The W. L. Hall, Co. quote includes a base amount of $47,395 plus a higher insulation value
upgrade of $1,970.
There is $125,000 allocated in the 2022 buildings fund for this project.
Staff recommends approval of the attached resolution entering into an agreement with W. L. Hall,
Co. in the amount of $ 49,365; for replacement of nine Kalwall skylight/wall panels at the Crystal
Community Center.
6.2
CITY OF CRYSTAL
RESOLUTION 2022 -
RESOLUTION IN SUPPORT OF REPLACING SKYLIGHT/WALL PANELS
IN THE GYM AT THE CRYSTAL COMMUNITY CENTER
WHEREAS, the City of Crystal owns and operates the Crystal Community Center; and
WHEREAS, the 2022 capital budget includes funds to replace skylight/wall panels in the gyms at the
community center; and
WHEREAS, the project includes nine Kalwall replacement panels that allow light to enter the gyms; and
WHEREAS, quotes were received from two vendors for completion of the work; and
WHEREAS, the lowest quote was received by W. L. Hall Co. in the amount of $49,365, which includes a
base amount of $47,395 plus a higher insulation value upgrade of $1,970; now,
THEREFORE, BE IT RESOLVED:
A.That the Crystal City Council wishes to enter into an agreement with W. L. Hall Co. in the
amount of $49,365 to furnish and install nine Kalwall replacement wall panels in the gyms at
the Crystal Community Center.
B.That the Crystal City Council hereby authorizes the mayor and city manager to sign the
agreement with W. L. Hall to complete the work.
Adopted by the Crystal City Council this 19th day of April, 2022.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.2
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Skylight/Wall Panel Replacement – W. L. Hall Co.
SKYLIGHT/WALL PANEL REPLACEMENT AGREEMENT
THIS SKYLIGHT/WALL PANEL REPLACEMENT AGREEMENT (“Agreement”) is
made and entered into this 19th day of April, 2022, by and between the City of Crystal, a Minnesota
municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and
W. L. Hall Co., a Minnesota company, located 530 15th Avenue South, Hopkins, MN 55343
(“Contractor”). The City and the Contractor may hereinafter be referred to individually as a “party”
or collectively as the “parties.”
RECITALS
A. The City desires to replace 9 skylight/wall panels in the gyms at the Crystal Community
Center, which is located at 4800 Douglas Drive, (“Center”).
B. The Contractor provided the City written quotes to provide the materials and to install 9
Kalwell skylight/wall panels at the Center in accordance with the specifications established
by the City (“Project”).
C. The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to
be legally bound, the City and the Contractor hereby agree as follows:
1. Scope of Work.
a. The Contractor agrees to furnish all materials, all necessary tools, and equipment, and to
perform all the work and labor necessary to complete the Project. The Project shall be
completed in accordance with the terms and conditions of this Agreement, the
Contractor’s quote, and scope of work contained in the attached Exhibit A (all work,
materials and equipment set forth in this paragraph and contained in Exhibit A are
hereinafter collectively referred to as the “Specifications”). Said Specifications are
hereby fully incorporated as part of this Agreement.
b. The Contractor agrees to diligently perform all work required to complete the Project and
to comply in all respects with the Specifications. The City may conduct such inspections
of the Project, work, and materials used as it may determine is needed. The City has the
right to reject any work or materials it reasonably determines is defective or unsuitable, or
that otherwise does not comply with the Specifications or the terms of this Agreement. If
the City rejects any work or materials, the Contractor is responsible for, at its own cost,
promptly removing and replacing such defective work or materials with approved work
or materials as needed to comply with the Specifications.
6.2
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Skylight/Wall Panel Replacement – W. L. Hall Co.
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost and
expense any loss or damage to the work and Project occurring during the installation or
prior to the final acceptance thereof by the City, by reason of fire, tornado, theft, or any
cause whatsoever, and to be wholly responsible for the installation, completion and
delivery of the Project in its entirety for the final acceptance by the City; and any payment
or payments made to the Contractor hereunder, shall not be construed as operating to
relieve the Contractor from responsibility for the construction and delivery of the Project
as provided and agreed through this Agreement.
2. Compensation.
a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the Contractor
up to 95 percent of the amount already earned under the Agreement. When the work is
95 percent or more completed, upon the sole determination of City staff, such portions of
the retained price shall be released only as the City determines it need not be retained to
protect the interest of the City in the satisfactory completion of the Agreement. The
balance shall be retained by the City until the final performance and completion of this
Agreement by the Contractor to the satisfaction, approval, and acceptance of the City
including provision by the Contractor of Minn. Dept. of Revenue Form IC-134 or other
authorized proof of the Contractor’s compliance with applicable state laws.
b. No claim for extra work done or materials furnished by the Contractor will be made by
the Contractor or allowed by the City, nor shall the Contractor do any work or furnish any
materials not covered by the Specifications, unless such work or materials is ordered in
writing by the City. Any such work or materials which may be done or furnished by the
Contractor without such written order first being given, shall be at the Contractor's own
risk and expense.
3. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any subcontract hereunder, no contractor,
material supplier, or vendor, shall, by reason of race, color, sex, creed, national origin, disability,
age, sexual orientation, status with regard to public assistance, or religion, discriminate against
any person or persons who are qualified and available to perform the work to which such
employment relates; that neither the Contractor nor any subcontractor, material supplier, or
vendor, shall in any manner discriminate against, or intimidate, or prevent the employment of
any such person or persons from the performance of work under this Agreement or any
subcontract hereunder on account of race, color, sex, creed, national origin, disability, age,
sexual orientation, status with regard to public assistance, or religion.
4. Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
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Skylight/Wall Panel Replacement – W. L. Hall Co.
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance listing
the City as an additional insured with respect to the aforementioned policies. To meet the
requirements herein, the Contractor may use a combination of excess and umbrella coverage.
The Contractor also agrees to keep in force during the entire term of this Agreement statutory
workers’ compensation insurance.
5. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents, and
representatives harmless from and indemnified against any and all loss, costs, fines, charges,
damage and expenses, including, without limitation, reasonable attorneys’ fees, consultants’
and expert witness fees, and travel associated therewith, due to claims or demands of any kind
whatsoever (including those based on strict liability) only to the extent caused by and arising
out of (i) the activities contemplated by this Agreement, (ii) including, without limitation, any
claims for any lien imposed by law for services, labor or materials, or (iii) by reason of the
execution of this Agreement or the performance of this Agreement. The Contractor, and the
Contractor’s successors or assigns, agree to protect, defend and save the City, and its officers,
agents, and employees, harmless from all such claims, demands, damages, and causes of action
and the costs, disbursements, and expenses of defending the same, including but not limited to,
attorneys’ fees, consulting engineering services, and other technical, administrative or
professional assistance. The Contractor further agrees to indemnify the City and hold it harmless
from and against any and all claims, suits, and actions against, and all loss, damage, costs, or
expense to the City occasioned by or arising from any infringement or claim of infringement of
any letters patent, or patent rights upon or covering any patented article or articles furnished or
installed by the Contractor under this Agreement for the City, of from or by reason of the use
by the City of any patented article or articles furnished or installed by the Contractor for the
City under this Agreement. The indemnity contained in this paragraph shall be continuing and
shall survive the performance or cancellation of this Agreement. Nothing in this Agreement
shall be construed as a limitation of or waiver by the City of any immunities, defenses, or other
limitations on liability to which the City is entitled by law, including but not limited to the
maximum monetary limits on liability established by Minnesota Statutes, Chapter 466, or
otherwise.
6. Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between the
City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City. The
manner in which the Project is to be performed shall be controlled by the Contractor; however,
the nature of the services and the results to be achieved shall be specified by the City.
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Skylight/Wall Panel Replacement – W. L. Hall Co.
7. Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and equipment
property installed prior to the effective date of termination. The following provisions of this
Agreement shall survive expiration, termination, or cancellation of this Agreement:
Indemnification; Insurance; Governing Law; Data Practices; and Audit.
8. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
9. Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
10. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
11. No Personal Liability. No officer, agent or employee of the City shall be personally liable to
the Contractor, or any successor in interest, in the event of any default or breach by the City on
any obligation or term of this Agreement.
12. Notices. Any notice, demand, or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally to the addresses listed in the
preamble to this Agreement, or at such other address with respect to either such party as that
party may, from time to time, designate in writing and forward to the other as provided in this
section.
13. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any third
person to create any relationship of third-party beneficiary, principal and agent, limited or
general partner, or joint venture between the City and the Contractor.
14. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall constitute one and the same instrument.
15. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
16. Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances, regulations,
rules, and standards.
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Skylight/Wall Panel Replacement – W. L. Hall Co.
17. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor, and
supersedes any other written or oral agreements between and City and Contractor.
18. Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity,
legality, and enforceability of the remaining provisions in any application thereof shall not in
any way be affected or impaired thereby.
19. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement,
term, or condition, nor does it imply that such covenant, agreement, term or condition may be
waived again.
20. Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
21. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year written above.
CITY: CONTRACTOR:
By: _____________________________ By: ___________________________
Jim Adams
Its: Mayor
By: ______________________________ Its: ___________________________
Anne Norris
Its: City Manager
6.2
Exhibit AContractor's QuoteAddBase6.2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: April 14, 2022
TO: Mayor and City Council
Anne Norris, City Manager
FROM: John Elholm, Recreation Director
SUBJECT: Becker Park Hard Surface Court Improvements
The 2022 capital budget includes funds for hard surface court improvements at Becker Park. The
project proposed here includes installation of bituminous surfacing, concrete, footings, fence
modifications, shade canopies, and color coating the new courts. Site furnishings are also
included in the overall project, but will be purchased separately.
Planning for this project began in the fall of 2021. Public input was sought through an on-line
survey to determine the preferred balance of courts between basketball, tennis and pickleball. A
banner with QR code was posted at the existing courts to direct current court users to the survey;
and links were provided through e-mailed newsletters, website posting and social media. There
was significant support to add 1 warm-up goal to the 2 goals already included for the basketball
court; and to convert the 3 tennis courts into 8 pickleball courts. The Crystal Park and Recreation
Commission reviewed the project each month as plans were developed. Additional input was
sought from the Crystal Community Center pickleball community and other pickleball players;
which led to the current pickleball court design.
The project budget is:
City Park Improvement Funds $ 200,000
MN DNR Outdoor Recreation Grant $ 100,000
Total Budget $ 300,000
Three quotes were solicited and two quotes were received to install bituminous surfacing,
concrete, footings and fence modifications to improve courts according to specifications.
Quotes are from:
$ 164,760 •Odesa II, LLC
•Bituminous Roadways, Inc.$ 166,784
6.3
Three quotes were solicited and one quote was received to color coat and line pickleball and
basketball courts following construction and according to specifications.
Quote is from:
•Bituminous Roadways, Inc.$ 32,065
Shade structures can be purchased through Minnesota’s cooperative purchasing venture from St.
Croix Recreation. Two 13’ x 20’ shade canopies are proposed to shade the pickleball viewing area.
Quote is from:
•St. Croix Recreation (state contract #119803) $ 25,384
Staff recommends approval of the attached resolution to enter into agreements with Odesa II, LLC
in the amount of $164,760, Bituminous Roadways, Inc. in the amount of $32,065 and St. Croix
Recreation in the amount of $25,384.
Pickleball Court Layout:
Public Engagement:
6.3
CITY OF CRYSTAL
RESOLUTION 2022 -
RESOLUTION IN SUPPORT OF PICKLEBALL AND BASKETBALL
COURT IMPROVEMENTS IN BECKER PARK
WHEREAS, the City of Crystal owns and operates Becker Park; and
WHEREAS, the 2022 capital budget (park improvement fund) includes funds for hard surface court
improvements in Becker Park; and
WHEREAS, additional funds have been authorized through an Outdoor Recreation Grant from the
Minnesota Department of Natural Resources for completion of the same project; and
WHEREAS, three quotes were solicited and two quotes were received to install bituminous surfacing,
concrete, footings and fence modifications to improve courts according to specifications; and
WHEREAS, the lowest quote was from Odesa II, LLC in the amount of $164,760; and
WHEREAS, three quotes were solicited and one quote was received to color coat and line pickleball and
basketball courts following construction and according to specifications; and
WHEREAS, the lowest quote was from Bituminous Roadways, Inc. in the amount of $32,065; and
WHEREAS, shade canopies can be purchased from St. Croix Recreation through Minnesota’s
cooperative purchasing venture (state contract #119803); and
WHEREAS, the quote for two 13’ x 20’ shade canopies from St. Croix Recreation is $25,384; now,
THEREFORE, BE IT RESOLVED:
A.That the Crystal City Council wishes to enter into agreements with:
1.Odesa II, LLC in the amount of $164,760; to install bituminous surfacing, concrete, footings,
and fence modifications to improve courts in Becker Park.
2. Bituminous Roadways, Inc. in the amount of $32,065; to color coat and line courts following
construction in Becker Park.
3. St. Croix Recreation in the amount of $25,384, to purchase two 13’ x 20’ shade canopies for
Becker Park.
B.That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with Odesa II LLC, Bituminous Roadways, Inc. and St. Croix Recreation as specified above.
Adopted by the Crystal City Council this 19th day of April, 2022.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
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Becker Park Court Improvements – Odesa II, LLC
PICKLEBALL AND BASKETBALL COURT IMPROVEMENT AGREEMENT
THIS PICKLEBALL AND BASKETBALL COURT IMPROVEMENT AGREEMENT
(“Agreement”) is made and entered into this 19th day of April, 2022, by and between the City of
Crystal , a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal , Minnesota
55422 (“City”), and Odesa II, LLC, a Minnesota company, located at 9003 Mayhew Lake Road NE,
Sauk Rapids, MN 55379 (“Contractor”). The City and the Contractor may hereinafter be referred
to individually as a “party” or collectively as the “parties.”
RECITALS
A. The City desires to have pickleball courts, basketball courts and other related improvements
completed in Becker Park, a City Park located at 5530 Douglas Drive North (“Park”).
B. The Contractor provided the City a written quote to construct pickleball courts, basketball
courts and other related improvements in the Park in accordance with the specifications
established by the City (“Project”).
C. The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to
be legally bound, the City and the Contractor hereby agree as follows:
1. Scope of Work.
a. The Contractor, for and in consideration of the payment or payments herein specified
and to be made by the City, covenants and agrees to furnish all materials, all necessary
tools, and equipment, and to do and perform all the work and labor necessary to
complete the Project, all in strict conformity with the Contractor’s quote and scope of
work contained in the attached Exhibit A (all work, materials and equipment set forth
in this paragraph and contained in Exhibit A are hereinafter collectively referred to as
the “Specifications”). Said Specifications are hereby fully incorporated as part of this
Agreement.
b. The Contractor agrees that all work and labor shall be done in the best and most
diligent manner and that all materials and labor shall be in entire and strict conformity
in every respect with the said Specifications and shall be subject to the inspection and
approval by the proper authorities of the City for the supervision of the work, and in
case any of said material or labor shall be rejected by the City as defective or
unsuitable, then the materials shall be removed and replaced with other approved
materials and the labor shall be done anew to the satisfaction and approval of the City
at the cost and expense of the Contractor.
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Becker Park Court Improvements – Odesa II, LLC
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2. Schedule; Liquidated Damages.
a. The Contractor agrees to commence the work on the Project at the earliest practicable
date and to prosecute the same diligently and without delay and to have the work
entirely completed in every respect to the satisfaction and approval of the City on or
before October 1, 2022. In case of the failure on the part of the Contractor, for any
reason except with the written consent of the the City, to complete the Project on or
before said date, the City shall have the right to deduct from any money due or which
may become due to the Contractor, the amount of two hundred dollars ($200.00) per
day for each and every day elapsing between the time stipulated for the completion
and the actual date of completion, in accordance with the terms thereof; or if no
moneys shall be due the Contractor, the City shall have the right to recover such sum;
such deduction to be made or such sum to be recovered not as a penalty, but as
liquidated damages. The Contractor agrees that it will be difficult for the City to
determine the amount of all damages that the City would incur as a result of delay and
that the liquidated damages set forth in this paragraph are reasonable.
b. The Contractor agrees to notify the City in writing of any and all causes of delay of
work, or any part thereof, within 24 hours after such cause of delay shall arise, and in
case of the failure of the Contractor to perform this Agreement and complete the work
at the time hereinafter specified, the City may immediately, or at any time thereafter,
proceed to complete the work at the cost and expense of the Contractor. Upon receipt
of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay the completion of the work, including
without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public
authorities, or delays or defaults caused by public carriers, the City shall reasonably
extend the date previously specified for the completion of the work and in such case
the Contractor shall only become liable for such liquidated damages for failure to
perform during any delay after the time is so extended.
3. Compensation.
a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the
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Becker Park Court Improvements – Odesa II, LLC
Contractor up to 95 percent of the amount already earned under the Agreement. When
the work is 95 percent or more completed, upon the sole determination of City staff,
such portions of the retained price shall be released only as the City determines it need
not be retained to protect the interest of the City in the satisfactory completion of the
Agreement. The balance shall be retained by the City until the final performance and
completion of this Agreement by the Contractor to the satisfaction, approval, and
acceptance of the City including provision by the Contractor of Minn. Dept. of
Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with
applicable state laws.
b. No claim for extra work done or materials furnished by the Contractor will be made
by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by the Specifications, unless such work or materials
is ordered in writing by the City. Any such work or materials which may be done or
furnished by the Contractor without such written order first being given, shall be at
the Contractor's own risk and expense.
4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any subcontract hereunder, no
contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national
origin, disability, age, sexual orientation, status with regard to public assistance, or religion,
discriminate against any person or persons who are qualified and available to perform the
work to which such employment relates; that neither the Contractor nor any subcontractor,
material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent
the employment of any such person or persons from the performance of work under this
Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin,
disability, age, sexual orientation, status with regard to public assistance, or religion.
5. Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance
listing the City as an additional insured with respect to the aforementioned policies. To meet
the requirements herein, the Contractor may use a combination of excess and umbrella
coverage. The Contractor also agrees to keep in force during the entire term of this Agreement
statutory workers’ compensation insurance.
6. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents,
and representatives harmless from and indemnified against any and all loss, costs, fines,
charges, damage and expenses, including, without limitation, reasonable attorneys’ fees,
consultants’ and expert witness fees, and travel associated therewith, due to claims or
demands of any kind whatsoever (including those based on strict liability) only to the extent
caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including,
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Becker Park Court Improvements – Odesa II, LLC
without limitation, any claims for any lien imposed by law for services, labor or materials, or
(iii) by reason of the execution of this Agreement or the performance of this Agreement. The
Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the
same, including but not limited to, attorneys’ fees, consulting engineering services, and other
technical, administrative or professional assistance. The Contractor further agrees to
indemnify the City and hold it harmless from and against any and all claims, suits, and actions
against, and all loss, damage, costs, or expense to the City occasioned by or arising from any
infringement or claim of infringement of any letters patent, or patent rights upon or covering
any patented article or articles furnished or installed by the Contractor under this Agreement
for the City, of from or by reason of the use by the City of any patented article or articles
furnished or installed by the Contractor for the City under this Agreement. The indemnity
contained in this paragraph shall be continuing and shall survive the performance or
cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation
of or waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466, or otherwise.
7. Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
the City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City.
The manner in which the Project is to be performed shall be controlled by the Contractor;
however, the nature of the services and the results to be achieved shall be specified by the
City.
8. Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and
equipment property installed prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit.
9. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
10. Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
11. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
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Becker Park Court Improvements – Odesa II, LLC
12. No Personal Liability. No officer, agent or employee of the City shall be personally liable
to the Contractor, or any successor in interest, in the event of any default or breach by the City
on any obligation or term of this Agreement.
13. Notices. Any notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed
in the preamble to this Agreement, or at such other address with respect to either such party
as that party may, from time to time, designate in writing and forward to the other as provided
in this section.
14. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any
third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Contractor.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
17. Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances,
regulations, rules, and standards.
18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor,
and supersedes any other written or oral agreements between and City and Contractor.
19. Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions in any application thereof
shall not in any way be affected or impaired thereby.
20. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant,
agreement, term, or condition, nor does it imply that such covenant, agreement, term or
condition may be waived again.
6.3
6
Becker Park Court Improvements – Odesa II, LLC
21. Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
22. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year written above.
CITY: CONTRACTOR:
By: _____________________________ By: ___________________________
Jim Adams
Its: Mayor
By: ______________________________ Its: ___________________________
Anne Norris
Its: City Manager
6.3
Contractor's Business Name:
Address:
Phone No:
Fax No:
I I BID FORM
D D LS II II-� /!":t tno L!-fl;L
.3?o-t2:SO-/;;J. '87
I I
PROJECT IDENTIFICATION: CRYSTAL BECKER PARK COURT IMPROVEMENT PROJECT
This bid is submitted to: CITY OF CRYSTAL
5001 WEST BROADWAY
CRYSTAL, MN 55422
1.The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER on the form included in the Contract Documents to perform and furnish
all Work as specified or indicated in the Contract Documents for the Contract Price and within the
Contract time indicated in this bid and in accordance with the other terms and conditions of the
Contract Document.
2.BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day
of Bid opening. BIDDER will sign and submit the Agreement and other documents required by
the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF
AWARD.
3.In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a)BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all of which is hereby acknowledged):
Date Number
(b)BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and laws and regulations that in
any manner may affect cost, progress, performance or furnishing of Work.
CRYSTAL BECKER PARK COURT IMPROVEMENT PROJECT
CITY OF CRYSTAL
WSB PROJECT NO. R-017610-000
BID FORM
PAGE 1
Exhibit A
Contractor's Quote
6.3
CRYSTAL BECKER PARK COURT IMPROVEMENT PROJECT BID FORM
CITY OF CRYSTAL
WSB PROJECT NO. R-017610-000 PAGE 2
(c) BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations, tests
and studies (in addition to or to supplement those referred to in (c) above) which pertain
to the subsurface or physical conditions at the site or otherwise may affect the cost,
progress, performance or furnishing of the work as BIDDER considers necessary for the
performance of furnishing the work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
(c) BIDDER has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports or similar information or data in respect of said Underground Facilities are or will
be required by BIDDER in order to perform and furnish the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents.
(e) BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of
the Contract Documents.
(f) BIDDER has given OWNER written notice of all conflicts, errors, discrepancies
that it has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to BIDDER.
(g) This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with any
agreement or rules of any group, association, organization or corporation; BIDDER has
not directly or indirectly induced or solicited any other BIDDER to submit a false or sham
Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over
any other BIDDER or over OWNER.
(h) Any other representation as required by Laws and Regulations.
4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICE(S):
(Quantities are indicated for the convenience of the Bidder. Final Payment will be based on
actual quantities.)
6.3
Bidder:
Address:
City, State, Zip:
BID PROPOSAL FORM -ADDENDUM 1
CRYSTAL BECKER PARK COURT IMPROVEMENT PROJECT
WSB PROJECT NO. 018988-000
Units Legend: LS= Lump Sum, SQ FT= Square Feet, SQ YO= Square Yard, LIN FT= Lineal Feet
No. Item
1 Furnish and place Bituminous Court Pavement on existing aggregate base as indicated
on plans and details -complete.
2 Furnish and place Surmountable Curb on existing aggregate base as indicated on plans,
details and specifications -complete.
3 Furnish and place 4-inch thick Concrete Walk with aggregate base (new and existing)
as indicated on plans, details and specifications -complete.
4 Provide Fence Improvements to existing fence which includes remove/replace existing
fence, new gates, and posts/footings as indicated on plans and details-complete.
5 Furnish and place 4-foot High Divider Fence and associated footings as indicated on
plans and details-complete.
6 Install Owner provided Pickleball Net System and associated footings as indicated on
plans and details-complete.
7 Install Owner provided Basketball Goal and associated footings as indicated on plans
and details-complete.
8 Install Shade Canopy Footings as indicated on plans and details, shade canopy
installation by others -complete.
9 Furnish and install Sediment Control Log -Type Wood Fiber as indicated on plans and
details -complete.
WORK TO BE COMPLETED BY CITY includes: removals (unless otherwise noted), installation
of site furnishings as noted, and restoration.
Units
SQ YD
LIN FT
SQFT
LUMP SUM
LIN FT
EACH
EACH
EACH
LIN FT
Telephone No.:
Fax No.:
Quantity Unit Price Total Price
2,650 3to f.._'i"tflJ/)
200 Lf !:)-qooo
2,142 7 :FD fvc<t.·s'
1 i 0,l)t)0 JO 0[}1)
330 i,, r) I cis,,co
8 <tDD fo c.f tD
3 <:.t.bD c:i.<-1 OD
4 /ODb Ljam
565 3 /bfS'
BIO TOTAL I lJ, '-{ tC.iC
Odesa II
9003 Mayhew Lake Rd NE
Sauk Rapids, MN 56379
320-250-1287
N/A
6.3
6.3
CRYSTAL BECKER PARK COURT IMPROVEMENT PROJECT PREVAILING WAGES
CITY OF CRYSTAL PROJECT
WSB PROJECT NO. 018988-000
PREVAILING WAGE REQUIREMENT
The contractor and any subcontractor on this project shall be required to pay all employees who work on
this project and who fall within any job classification established and published by the Minnesota
Department of Labor and Industry (Department) no less than the prevailing wage rate as certified by the
Department for all work performed on the project. The Department shall determine the prevailing wage
rate in accordance with Minn. Stat. §177.41 et seq. and applicable rules including, but not limited to,
Minnesota Rules 5200.1000 et seq. Neither the contractor nor any subcontractor shall evade or attempt
to evade the provisions of this section through the use of non-recognized training programs. The only
employees involved in training programs that shall be allowed to work this project shall be those
employed and registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor or with a state apprenticeship agency.
The contractor shall post in at least one conspicuous place on the job site, or have present on the person
of the supervisor in charge of the site if the City determines that posting at the job site is not practical, the
certified prevailing wage rates for each job classification for the area in which the project is being
performed, including the effective dates of any changes thereof. The posting shall also include the
penalties for any violations and the method by which violations may be reported.
The contractor shall be the responsible party to ensure the payme nt of prevailing wages by the contractor
and by any subcontractors employed and/or performing work as part of the project. The contractor shall
be responsible to inform all subcontractors to be hired by the contractor on this project of the prevailing
wage requirement and of the remedies available to the City if the subcontractor fails to pay at least the
prevailing wage as required. The contractor or subcontractor shall be liable directly to the underpaid
laborer or mechanic for the unpaid wages and agrees that laborers or mechanics have such a cause of
action against the contractor or subcontractor for unpaid wages.
The failure of the contractor or any subcontractor to abide by the prevailing wage requirement may result
in, in the City’s sole discretion, contract payment delay, cancellation of the contract, and/or payment of up
to five percent (5%) of the entire contract price by the contractor or subcontractor to the City as liquidated
damages. The contractor may appeal any action taken by the City pur suant to this section to the City
Council which reserves the right to have such appeal heard by an independent hearing examiner.
Upon the request of the City, the contractor and/or subcontractor shall submit to the City copies of their
weekly payrolls for each week in which any contact work is performed. Payrolls so submitted shall set out
accurately and completely all information required by the City.
No final payment shall be made under the contract until the validity of any prevailing wage complaint h as
been determined by the City or by the Department. The City and/or the Department shall have the right
to interview any employees during work hours relative to a complaint.
6.3
1
Becker Park Color Coating – Bituminous Roadways
PICKLEBALL AND BASKETBALL COLOR COATING AGREEMENT
THIS PICKLEBALL AND BASKETBALL COLOR COATING AGREEMENT (“Agreement”) is
made and entered into this 19th day of April, 2022, by and between the City of Crystal, a Minnesota
municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and
Bituminous Roadways, Inc., a Minnesota company, located at 1520 Commerce Drive, Mendota
Heights, Minnesota 55120 (“Contractor”). The City and the Contractor may hereinafter be referred
to individually as a “party” or collectively as the “parties.”
RECITALS
A. The City desires to have color coating applied to pickleball and basketball courts located in
Becker Park, a City Park located at 5530 Douglas Drive North (“Park”).
B. The Contractor provided the City a written quote to apply color coating to pickleball and
basketball courts in the Park in accordance with the specifications established by the City
(“Project”).
C. The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to
be legally bound, the City and the Contractor hereby agree as follows:
1. Scope of Work.
a. The Contractor, for and in consideration of the payment or payments herein specified
and to be made by the City, covenants and agrees to furnish all materials, all necessary
tools, and equipment, and to do and perform all the work and labor necessary to
complete the Project, all in strict conformity with the Contractor’s quote and scope of
work contained in the attached Exhibit A (all work, materials and equipment set forth
in this paragraph and contained in Exhibit A are hereinafter collectively referred to as
the “Specifications”). Said Specifications are hereby fully incorporated as part of this
Agreement.
b. The Contractor agrees that all work and labor shall be done in the best and most
diligent manner and that all materials and labor shall be in entire and strict conformity
in every respect with the said Specifications and shall be subject to the inspection and
approval by the proper authorities of the City for the supervision of the work, and in
case any of said material or labor shall be rejected by the City as defective or
unsuitable, then the materials shall be removed and replaced with other approved
materials and the labor shall be done anew to the satisfaction and approval of the City
at the cost and expense of the Contractor.
6.3
2
Becker Park Color Coating – Bituminous Roadways
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2. Schedule; Liquidated Damages.
a. The Contractor agrees to commence the work on the Project at the earliest practicable
date and to prosecute the same diligently and without delay and to have the work
entirely completed in every respect to the satisfaction and approval of the City on or
before October 1, 2022. In case of the failure on the part of the Contractor, for any
reason except with the written consent of the the City, to complete the Project on or
before said date, the City shall have the right to deduct from any money due or which
may become due to the Contractor, the amount of two hundred dollars ($200.00) per
day for each and every day elapsing between the time stipulated for the completion
and the actual date of completion, in accordance with the terms thereof; or if no
moneys shall be due the Contractor, the City shall have the right to recover such sum;
such deduction to be made or such sum to be recovered not as a penalty, but as
liquidated damages. The Contractor agrees that it will be difficult for the City to
determine the amount of all damages that the City would incur as a result of delay and
that the liquidated damages set forth in this paragraph are reasonable.
b. The Contractor agrees to notify the City in writing of any and all causes of delay of
work, or any part thereof, within 24 hours after such cause of delay shall arise, and in
case of the failure of the Contractor to perform this Agreement and complete the work
at the time hereinafter specified, the City may immediately, or at any time thereafter,
proceed to complete the work at the cost and expense of the Contractor. Upon receipt
of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay the completion of the work, including
without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public
authorities, or delays or defaults caused by public carriers, the City shall reasonably
extend the date previously specified for the completion of the work and in such case
the Contractor shall only become liable for such liquidated damages for failure to
perform during any delay after the time is so extended.
3. Compensation.
a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the
6.3
3
Becker Park Color Coating – Bituminous Roadways
Contractor up to 95 percent of the amount already earned under the Agreement. When
the work is 95 percent or more completed, upon the sole determination of City staff,
such portions of the retained price shall be released only as the City determines it need
not be retained to protect the interest of the City in the satisfactory completion of the
Agreement. The balance shall be retained by the City until the final performance and
completion of this Agreement by the Contractor to the satisfaction, approval, and
acceptance of the City including provision by the Contractor of Minn. Dept. of
Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with
applicable state laws.
b. No claim for extra work done or materials furnished by the Contractor will be made
by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by the Specifications, unless such work or materials
is ordered in writing by the City. Any such work or materials which may be done or
furnished by the Contractor without such written order first being given, shall be at
the Contractor's own risk and expense.
4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any subcontract hereunder, no
contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national
origin, disability, age, sexual orientation, status with regard to public assistance, or religion,
discriminate against any person or persons who are qualified and available to perform the
work to which such employment relates; that neither the Contractor nor any subcontractor,
material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent
the employment of any such person or persons from the performance of work under this
Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin,
disability, age, sexual orientation, status with regard to public assistance, or religion.
5. Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance
listing the City as an additional insured with respect to the aforementioned policies. To meet
the requirements herein, the Contractor may use a combination of excess and umbrella
coverage. The Contractor also agrees to keep in force during the entire term of this Agreement
statutory workers’ compensation insurance.
6. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents,
and representatives harmless from and indemnified against any and all loss, costs, fines,
charges, damage and expenses, including, without limitation, reasonable attorneys’ fees,
consultants’ and expert witness fees, and travel associated therewith, due to claims or
demands of any kind whatsoever (including those based on strict liability) only to the extent
caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including,
6.3
4
Becker Park Color Coating – Bituminous Roadways
without limitation, any claims for any lien imposed by law for services, labor or materials, or
(iii) by reason of the execution of this Agreement or the performance of this Agreement. The
Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the
same, including but not limited to, attorneys’ fees, consulting engineering services, and other
technical, administrative or professional assistance. The Contractor further agrees to
indemnify the City and hold it harmless from and against any and all claims, suits, and actions
against, and all loss, damage, costs, or expense to the City occasioned by or arising from any
infringement or claim of infringement of any letters patent, or patent rights upon or covering
any patented article or articles furnished or installed by the Contractor under this Agreement
for the City, of from or by reason of the use by the City of any patented article or articles
furnished or installed by the Contractor for the City under this Agreement. The indemnity
contained in this paragraph shall be continuing and shall survive the performance or
cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation
of or waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466, or otherwise.
7. Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
the City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City.
The manner in which the Project is to be performed shall be controlled by the Contractor;
however, the nature of the services and the results to be achieved shall be specified by the
City.
8. Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and
equipment property installed prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit.
9. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
10. Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
11. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
6.3
5
Becker Park Color Coating – Bituminous Roadways
12. No Personal Liability. No officer, agent or employee of the City shall be personally liable
to the Contractor, or any successor in interest, in the event of any default or breach by the City
on any obligation or term of this Agreement.
13. Notices. Any notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed
in the preamble to this Agreement, or at such other address with respect to either such party
as that party may, from time to time, designate in writing and forward to the other as provided
in this section.
14. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any
third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Contractor.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
17. Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances,
regulations, rules, and standards.
18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor,
and supersedes any other written or oral agreements between and City and Contractor.
19. Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions in any application thereof
shall not in any way be affected or impaired thereby.
20. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant,
agreement, term, or condition, nor does it imply that such covenant, agreement, term or
condition may be waived again.
6.3
6
Becker Park Color Coating – Bituminous Roadways
21. Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
22. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year written above.
CITY: CONTRACTOR:
By: _____________________________ By: ___________________________
Jim Adams
Its: Mayor
By: ______________________________ Its: ___________________________
Anne Norris
Its: City Manager
6.3
Contractor's Business Name:
Address:
Phone No:
Fax No:
II BID FORM
Bituminous Roadways, Inc.
1520 Commerce Drive
Mendota Heights, MN 55120
651-686-7001
651-687-9857
II
PROJECT IDENTIFICATION: CRYSTAL BECKER PARK COURT SURFACING IMPROVEMENT
PROJECT
This bid is submitted to: CITY OF CRYSTAL
5001 WEST BROADWAY
CRYSTAL, MN 55422
1.The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER on the form included in the Contract Documents to perform and furnish
all Work as specified or indicated in the Contract Documents for the Contract Price and within the
Contract time indicated in this bid and in accordance with the other terms and conditions of the
Contract Document.
2.BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day
of Bid opening. BIDDER will sign and submit the Agreement and other documents required by
the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF
AWARD.
3.In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a)BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all of which is hereby acknowledged):
Date Number
(b)BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and laws and regulations that in
any manner may affect cost, progress, performance or furnishing of Work.
CRYSTAL BECKER PARK COURT SURFACING IMPROVEMENT PROJECT
CITY OF CRYSTAL
WSB PROJECT NO. R-017610-000
BID FORM
PAGE 1
Exhibit A
Contractor's Quote
6.3
6.3
6.3
6.3
CRYSTAL BECKER PARK COURT SURFACING IMPROVEMENT PROJECT PREVAILING WAGES
CITY OF CRYSTAL PROJECT
WSB PROJECT NO. 018988-000
PREVAILING WAGE REQUIREMENT
The contractor and any subcontractor on this project shall be required to pay all employees who work on
this project and who fall within any job classification established and published by the Minnesota
Department of Labor and Industry (Department) no less than the prevailing wage rate as certified by the
Department for all work performed on the project. The Department shall determine the prevailing wage
rate in accordance with Minn. Stat. §177.41 et seq. and applicable rules including, but not limited to,
Minnesota Rules 5200.1000 et seq. Neither the contractor nor any subcontractor shall evade or attempt
to evade the provisions of this section through the use of non-recognized training programs. The only
employees involved in training programs that shall be allowed to work this project shall be those
employed and registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor or with a state apprenticeship agency.
The contractor shall post in at least one conspicuous place on the job site, or have present on the person
of the supervisor in charge of the site if the City determines that posting at the job site is not practical, the
certified prevailing wage rates for each job classification for the area in which the project is being
performed, including the effective dates of any changes thereof. The posting shall also include the
penalties for any violations and the method by which violations may be reported.
The contractor shall be the responsible party to ensure the payme nt of prevailing wages by the contractor
and by any subcontractors employed and/or performing work as part of the project. The contractor shall
be responsible to inform all subcontractors to be hired by the contractor on this project of the prevailing
wage requirement and of the remedies available to the City if the subcontractor fails to pay at least the
prevailing wage as required. The contractor or subcontractor shall be liable directly to the underpaid
laborer or mechanic for the unpaid wages and agrees that laborers or mechanics have such a cause of
action against the contractor or subcontractor for unpaid wages.
The failure of the contractor or any subcontractor to abide by the prevailing wage requirement may result
in, in the City’s sole discretion, contract payment delay, cancellation of the contract, and/or payment of up
to five percent (5%) of the entire contract price by the contractor or subcontractor to the City as liquidated
damages. The contractor may appeal any action taken by the City pur suant to this section to the City
Council which reserves the right to have such appeal heard by an independent hearing examiner.
Upon the request of the City, the contractor and/or subcontractor shall submit to the City copies of their
weekly payrolls for each week in which any contact work is performed. Payrolls so submitted shall set out
accurately and completely all information required by the City.
No final payment shall be made under the contract until the validity of any prevailing wage complaint h as
been determined by the City or by the Department. The City and/or the Department shall have the right
to interview any employees during work hours relative to a complaint.
6.3
By signing estimate or authorizing by email or PO, purchaser is agreeing to all terms and conditions as listed on the estimate, body of emails and
supplemental documents including billing terms, shipping information and model number(s), quantity and color(s).
St. Croix Recreation Fun Playgrounds INC.
1826 Tower Dr W
Stillwater, MN 55082 US
16514301247
hannah@stcroixrec.com
Estimate ESTIMATE #5605
DATE 03/08/2022
EXPIRATION DATE 04/05/2022
ADDRESS
City of Crystal
Accounts Payable
4141 Douglas Dr N
Crystal, MN 55422-1696
SHIP TO
Crystal Public Works/Parks
Attn: Delivery Contact
5001 W Broadway
Crystal, MN 55429
PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT.
SALES REP
Mike Basich
ACTIVITY QTY RATE AMOUNT
SS TC13209
13'x20' T-Cantilever, 9' Eave, Pier Mounted Columns
2 10,567.00 21,134.00T
STATE CONTRACT
STATE CONTRACT #119803
Applied in above pricing
T
MN Drawings
MN Engineered drawings
1 1,250.00 1,250.00T
SUBTOTAL 22,384.00
TAX (0%)0.00
SHIPPING 3,000.00
TOTAL $25,384.00
QUOTES ARE EFFECTIVE FOR 30 DAYS.
SALES TAX SUBJECT TO CHANGE. ADD IF NOT TAX EXEMPT OR
SUPPLY EXEMPTION CERTIFICATE IF NOT ON FILE OR ADD.
PAYMENT TERMS ARE NET 30 DAYS UNLESS OTHERWISE NOTED.
FAILURE TO PAY IN A TIMELY MANNER WILL BE SUBJECT TO
INTEREST AT 1.5%/MONTH OR 18% ANNUALLY.
ST CROIX RECREATION IS NOT LIABLE FOR INTERPRETATION OF
PROJECT BIDS, DRAWINGS OR ADDENDA. IT IS THE CUSTOMER'S
RESPONSIBILITY TO VERIFY ACCURACY OF MODEL NUMBER,
DESCRIPTION, QUANTITY AND COLOR DIRECTLY WITH ARCHITECT
OR END USER.
**LEAD TIMES AND SHIPPING DATES ARE BASED ON CURRENT
INVENTORY AND ARE SUBJECT OT CHANGE. WE WILL KEEP
CUSTOMERS UPDATED ON ANY CHANGES PERTAINING TO ORDER
WITH OPTION TO CANCEL. PLEASE BE PATIENT AS OUR VENDORS
NAVIGATE SUPPLY CHAINS & NATIONAL SHORTAGES.
Accepted Date: April 19, 2022
Accepted by City:
By: __________________________
Jim Adams
Mayor
By: __________________________
Anne Norris
City Manager
6.3
6.4
6.4
6.4
6.4
Please nand this corm to the City clerk before the rneeling begins,
To provide ampleapparel for in, parking time is barred
to three minutes silo topic discussion is limrtea to fo minutes.
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