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HomeMy WebLinkAbout10-13-2015 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 13, 2015 CITY COUNCIL MEETING AGENDA 7.00 P.M., or upon conclusion of preceding worksession 7:00 p.m. I. Call to Order/Pled >e of Alle 7iance/A ro�,al of Air Estimated -,enda times 7:05 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff 0 Recycling Award (pg. 3) 7:10 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length), 7:15 p.m. IV. Consent A enda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes— September 22, 2015 (pg. 5) C. Approve A-1 Excavating, Inc. Yd Payment for 2015 Street and Utility Reconstruction (pg. 9) D. Approve Payment to Washington County—2013 —Campus Project totaling $20,826.21 (pg. 17) E. Approve Resolution and Access Agreement to BCA Criminal Data Communications Network (pg. 21) F. Award the 2015 Fall Tree Removal, Pruning, and Stump Grinding Project to YTS Companies, LLC (pg.39) G. Approve Safety Consulting Contract Renewal (pg. 53) H. Approve Letter of Understanding for the Animal Humane Society—2016 (pg. 63) 1. Approve City Hall Cleaning Contract with East Suburban Resources (pg. 69) J• Approve Addendum #fit with Stantec for Street Reconstruction Engineering Services (pg. 75) K. Approve MS4 Permit Assistance Agreement with Stantec (pg. 81) 7:20 p.m. V. Public Hearin 2s None 7:20 p.ln. VI. Old Business A. St. Croix River Crossing Project Update (no enclosure) B. Street Reconstruction Update (no enclosure) Page 1 of 122 Agenda October 13,2015 Page 2 7:30 p.m. VII. New Business A. Consider Resolution of Support—City Law Enforcement Personnel (pg. 103) B. Approve Trail Easement Acquisition (pg. 109) C. Schedule a City Council Work Session—October 27, 2015 (pg. 117) D. Trail Crossing—Osgood Ave (pg. 119) 8:00 P.M. VIII. Other Council Items or Announcements 8:05 p.m. IX. Adjournment Page 2 of 122 I Oak Park Heights Request for Council Action Meeting Date October 13, 2015 Agenda Item Recycling Award Time Req, 0 Agenda Placement Staff Reports Originating Department/Requestor Admini ion/Jennifer Pinski 1 Requester's Signature`, Action Requested Receive Jnf ation Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 122 r.. r U City Of Oak Park Het hts 14168 Oak Park Blvd N.Box 2007.Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)43439,0574 October 1, 2015 Don Job 14541 571h Street North Oak Park Heights, MN 55082 Dear Mr. Job: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, October 1, 2015, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Cong-ratulatio t r Pinski Deputy Clerk TREE CITY U.S.A. Page 4 of 122 Oak Park Heights Request for Council Action Meeting Date October 13, 2015 Agenda Item Approve City Council Minutes— Se ptember 22, 2015 Time Req, 0 Agenda Placement Consent Originating Department/Requ stor miriistrationlJennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached, Page 5 of 122 CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 22, 2015 CITY COUNCIL MEETING MINUTES 1. Call to order/Pledge of A1legianeefApproval of Agenda. Mayor McComber called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Finance Director Caruso, Police Chief DeRosier, City Planner Richards, and City Engineer Mann. Absent: None. Mayor McComber added "Approve City Council Minutes—September 8, 2015" to the Consent Agenda as Item C. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. II. Couneil/Staff Reports: A. M�McComber: She reported that the next Parks Commission meeting was set for October 19 at 7:00 p.m. She also reported that the League of Minnesota Cities was running a `Mayor for a Day' essay contest, and entry forms could be found at City Hall. B. Councilmember Dougherty: No report. C. Councilmember Lilie en: No report. D. Councilmember Runk: No report. E. Councilmember Swenson: No report. F. Staff: Deputy Clerk Pinski reported that Kenton and Deborah Doyle of 13215 50 Street North were chosen as the recycling award winners. III. Visitors/PubHc Comment: Anthony and Shari Weyer of 5499 Oakgreen Place stated that they experienced a sewer backup and wanted the City Council to be aware that LMCIT said the City was not liable, but they would pay up to 50% of cash value. Mayor McComber stated Council would have staff contact LMCIT to get the background and contact the Weyers back. IV. Consent Agenda: A. Approve Bills & Investments B. Approve 2015-2016 Snow Plowing Agreement C. Approve City Council Minutes— September 8, 2015 Page 6 of 122 City Council Meeting Minutes September 22, 2015 Page 2 of 3 Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. IV. Public ffmj� None VI. Old Business: A. St. Croix River Crossin Pro'ect U date: Mayor McComber reported that the tables went up on the first piers the previous week, and City Administrator Johnson reported that the City was awaiting final revisions of as-builts and close-out items. No action was taken. B. Street Reconstruction U date: City Engineer Mann reported that final restoration work was continuing in phase 1; phase 2 was paved and restoration work was beginning; and in phase 3, utility work was continuing and major pipe installation was expected the following week. No action was taken. VII. New Business: A. 2016 Annual Bud et—Consider Pro osed Bud et and Tax Levies: Finance Director Caruso reported that the proposed preliminary budget was $5,648,560 which was an increase of about 4.56 percent over 2015. She also reported that there was a 3.36 percent increase in the preliminary property tax levy from 2015. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution adopting the proposed budget and tax levies. Roll call vote taken. Carried 5-0. B. 2016 Annual Bud et— Schedule Public Hearin for Truth in Taxation: Councilmember Swenson, seconded by Councilmember Liljegren, moved to set the Truth in Taxation Hearing for December 8, 2015 at 7:00 P.M. Carried 5-0. C. Consider Amendments to Cit Ord. 401.15 - Fences. City Planner Richards reviewed his planning report which was included in the City Council meeting packet for that evening. Councilmember Runk requested that "up to or on property line"be defined. City Planner Richards stated he would make a change to clarify if needed. Mayor McComber recommended that the height limits be changed to be more clear. Councilmember Runk, seconded by Councilmember Swenson, moved to approve with two changes. clarify "up to or on property line" if needed in Page 7 of 122 City Council Meeting Minutes September 22, 2015 Page 3 of 3 Section 401.15.E.2, and change heights in Section 401.15.E.4.b 3'8"to 4', Section 401.15.E,4.c 6'8"to 7', and Section 401.15.E.4.d 8'8"to 9', and 401.15.E.4.e 10'8" to l 1' Roll call vote taken. Carried 5.0. D. Consider Approval of Bodv Worn Camera Purchase: Councilmember Swenson, seconded by Councilmember Liljegren, moved to authorize the body worn camera purchase. Carried 5-0. Councilmember Swenson, seconded by Councilmember Runk, moved to approve the master fee schedule addition suggested by the Chief. Carried 5-0. E. App We Hiring PrOGess and Candidate List for Police Officer: Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the hiring process and getting the candidate list for the new officer position. Carried 5-0. Fill. Other Council Items or Announcements: None X. Ac1'ourument Councilmember Swenson, seconded by Councilmember Dougherty, moved to adjourn the meeting at 7:27 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Fonn, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 8 of 122 Oak Park Heights Request for Council Action Meeting Date October 1 lox Agenda Item Title A-1 Excavating,-Inc . 3rd Payment for 201.ci Street and Utility Reconstruction Agenda Placement Consent Originating Department/Requestor_Finance — Betty Caruso, Finance Director Requester's Signature Action Requested A rove rdt payment re guest for A-x Excavatin Inc 201.r, Street Reconstruction Area D Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). The attached pay request of A-I Excavating, Inc is $514,714.54 for the period of 9/3/15 through 10/9/15 for the 2015 Street Reconstruction Project-Area D. The total contract is for $3,359,802.70, net of the change orders. The payment has been approved by the engineer and administration and reviewed by the Finance Department. This payment has been reduced by 5% retainage. The Finance Department recommends approval of this payment upon receipt of the lien waiver and fully signed documents. Page 9 of 122 Owner: City of Oak Park Heights,P,O.Box 2007,Sfllwater,MN 55082 Stantee For Period: 9/3/2015 to 101912015 bate: Ocrober 9,2015 Contractor: A-1 Excavating,Inc.,408 26th Ave.,Bloomer,INI 54724 Request No: 3 CONTRACTOR'S REQUEST FOR PAYMENT 2015 STREET RECONSTRUCTION -AREA D STANTEC PROJECT NO. 1 9380 1 994D SUMMARY 1 Original Contract Amount 2 Change Order-Addition $ 3,385,037.70 3 Change Order-Deduction $ 1 14,192`50 4 Revised Contract Amount $ 139,427,50 5 value Completed to Date $ 3,359,802.70 6 Material on Hand $ 2,483,845.42 7 Amount Earned $ 0.00 8 Less Retainage 517. $ 2,483,845.42 9 Subtotal $ 124,192.27 10 Less Amount Paid Previously $ 2,359,653.15 11 Liquidated damages- $ 1,844,938.31 72 AMOUNT DUE TH)S REQUEST FOR PAYMENT NO. $ 0.00 3 $ 514,714.84 Recommended for Approval by: STANTEC Approved by Contractor: A-1 EXCAVATING, INC. Approved by Owner: CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: 1 9 3801 994D RE03.4sm Page 10 of 122 No. Contract Unit Current Quantity rfY Amounf BASE BID:PART 1 - STREETS Unit Quantity Price Quantity to Date to Date 1 MOBILIZATION 2 TRAFFIC CONTROL LS 1 160200.00 0.15 0.9 144,180.00 3 TEMPORARY MAIL LS 1 13000.00 0-15 0.9 LS 1 1 6000.00 11,700.00 4 lNLETPROTECTION OJ5 0.9 14,400.00 5 SILT FENCE,TYPE MACHINE SLICED EA 61 130.00 8 36 LF 3400 2 4,680.00 6 RECLAIM BITUMINOUS 00 S PAVEMENT 1930 3,860.00 7 REMOVE SIGN SY 0 2.00 EA 5 100.00 0.00 8 SALVAGE AND REINSTALL SIGN 0.00 9 REMOVE TREE EA 8© 160.00 EA 170 61 0.00 0.00 10 REMOVE ROADWAY BARRIERS 754 93,940.00 11 CLEARING AND GRUBBING, INCLUDING LARGE STUMP LS 1 1000.00 0.00 REMOVAL 12 REMOVE BITUMINOUS PAVEMENT LS 1 55060.00 1 55,000.00 13 SAWING BITUMINOUS PAVEMENT-STREET SY 27820 1'60 2020 27820 44,512,00 14 REMOVE CONCRETE CURB &GUTTER LF 1530 2.00 1349 LF 330 500 2,698.00 . 15 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 330 7,650.00 16 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 16460 0.85 8626 7,332.10 SF 12175 17 REMOVE CONCRETE WALK 0.45 4212 1,895.40 18 REMOVE GRAVEL DRIVEWAY SF 2000 0.80 435 0,20 348.00 SF 5650 19 COMMON EXCAVATION (P) 1 1 15 223 Op 20 SUBGRADE EXCAVATION (CV) CY 11560 17.00 8499 93,489.00 21 COMMON EXCAVATION-INFILTRATION FEATURE CY 5789 6.25 907 5,668.75 22 AGGREGATE BASE,CLASS 5 CY 590 11.00 TN 4020 1000 0.00 . 23 SELECT GRANULAR BORROW (MODIFIED) 9077.38 90,773.80 24 SELECT GRANULAR BORROW(CV) -INFILTRATION TN 6026 9'75 948.4 9,246.90 FEATURE 25 SELECT GRANULAR BORROW MODIFIED (CV) - CY 465 12,00 6.00 INFILTRATION FEATURE CY 26 GEOTEXTILE FABRIC TYPE V SY 45 22.00 S Y 12253 2.00 0'00 27 4"PVC PERFORATED DRAIN TILE, WITH COARSE FILTER 0.00 AGGREGATE AND FILTER FABRIC 28 BITUMINOUS MATERIAL FOR TACK COAT LF 1560 9.00 AL 1342 280 2,240.00 G 29 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (2,B) GAL 130 273.00 30 TYPE SP 12.5 WEARING COURSE MIXTURE{2,C) TN 1643 56.00 360.23 1777.57 99,543.92 31 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS 2,6 TN 1873 58.50 ( 1 423 116.00 0.00 32 CUSTOM CONCRETE DRIVEWAYS/WALKS-MATCH 230.5T 26,739.16 EXISTING PATTERN/COLOR SF 2635 12.10 33 6 INCH CONCRETE DRIVEWAY 0.00 34 B618 CONCRETE CURB AND GUTTER SF 10335 5.80 3676 21,320.80 35 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 690 13'00 26 LF 19786 10.60 338.00 36 CONCRETE WALK 10606 112,423.60 37 CONCRETE STEPS SF 2000 4.50 405 1,822.50 38 SEEDING, INCLUDING SEED,FERTILIZER,AND WOOD SF 270 61.00 48 2,928.00 FIBER BLANKET 39 HYDROSEED WITH MULCH SY 4210 2.60 0.00 40 SODDING,MINERAL TYPE SY 34200 1.35 10003 10003 13,504.05 41 SELECT TOPSOIL BORROW SY 20 35.00 TN 7570 0.00 42 SIGN PANELS 0.01 243.81 2.44 43 CYLINDER STYLE DELINEATOR (X4-13), 6"DIAMETER, SF 30 37.00 0.00 WHITE 44 STREET NAME BLADE SIGNS EA 7 70•00 EA 5 2 0.00 35.00 45 12"SOLID WHITE STOP BAR 0.00 46 WATER FOR DUST CONTROL LF 186 4.00 MG d00 0.00 47 STREET SWEEPER(WITH PICKUP BROOM) HR 25'00 0.00 TOTAL BASE BID:PART T -STREETS 120 130'00 31.5 4,095.00 BASE BID: PART 2-WATERMAIN 870,827.42 48 TEMPORARY WATER SERVICE LS 1 1 6060.00 0,25 1 16,000.00 1938019944 RE03_x6m Page 11 of 122 No. Contract Unit Current Quantity Item Unit Quantity Price Amount ni 49 EXCAVATION SPECIAL (POTHOLE EXISTING UTILITY) ni Quantity to Date to Date 50 REMOVE WATER MAIN PIPE 40 150.00 51 REMOVE WATER SERVICE LF 9505 1.00 19.05 9776 9,776.00 52 REMOVE HYDRANT LF 3150 1.00 1107 3459 53 REMOVE VALVE AND BOX EA 17 100.00 2 3,459.00 EA 19 1,900.00 CY 5760 1 54 ROCK EXCAVATION-WEATHERED 26 2000 72 24000 55 ROCK EXCAVATION-HARD 310.57 310.57 310.57 56 SAND CUSHION CY 570 30.00 100,85 100.85 57 IMPROVED PIPE FOUNDATION LF 2600 3,00 3.025.50 58 CONNECT TO EXISTING WATER MAIN LF 8974 0.50 0.00 0.00 9 770 59 6"DIP WATER MAIN,CLASS 52 EA 0.00 3 10 17,000.00 60 8"DIP WATER MAIN,CLASS 52 LF 8574 68.00 1979.5 8966.5 609,722.00 61 PIPE BURST 6"PVC,C900 WATER MAIN,INCLUDING LF 931 74`00 1 156 85,544.00 DUAL TRACER WIRE 62 6"GATE VALVE AND BOX LF 210 105.00 210 22,050.00 63 8"GATE VALVE AND BOX EA 43 1220.00 10 EA 52,460.00 64 ADJUST VALVE 80X 3 1640.00 3 4,920.00 65 WATER MAIN OFFSET-6" EA 2 75.00 66 WATER MAIN OFFSET-8" EA 7 2750.00 0.00 67 HYDRANT EA 1 3000.00 0.00 68 DUCTILE IRON FITTINGS EA 17 3800.00 0.00 5 22 83,600.00 69 INSULATION-4"THICK LB 6210 1.00 671 2523 2,52100 00 70 1"CORPORATION STOP SF 8000 4.00 71 1"CURB STOP AND BOX EA 105 720.00 O.) EA 105 250.00 34 118 14,20.00 o 72 1"TYPE"K"COPPER PIPE 34 ]13 28,2550.00 73 CONNECT TO EXISTING WATER SERVICE LF 3150 41'00 1107 3459 141,819.OD TOTAL BASE BID:PART 2-WATERMAIN EA 106 80.00 39 118 9,440.00 BASE BID:PART 3-SANITARY SEWER 1,106,199.07 74 REMOVE SANITARY SEWER CASTING AND RINGS 75 REMOVE SANITARY SEWER PfPE LF EA 41 100.00 6 600.00 76 REMOVE SANITARY MANHOLE 230 1.00 200 20,0 200.00 77 8"PVC SANITARY SEWER PIPE-SDR 26 EA 4 400.00 3 LE 4 1,600.0() 78 10"PVC SANITARY SEWER PIPE-SDR 26 30 69'00 10 10 690.00 79 CONNECT TO EXISTING SANITARY SEWER PIPE LF 198 70.001 190 190 13,300.00 80 10"X4"PVC WYE EA 5 1300.00 3 3 EA 6 19000 3,900.00 . 81 4"PVC SANITARY SEWER SERVICE PIPE 2 2 380.00 82 CONNECT TO FX6TING SEWER SERVICE LF 120 49.00 18 18 83 IMPROVED PIPE FOUNDATION EA 6 180.00 2 2 360.00 882.00 84 4'DIAMETER SANITARY SEWER MH LF 230 0.50 2 0.00 3 640 00 3 85 EA 3 7,920.00 4'DIAMETER SANITARY SEWER MH WITH OUTSIDE DROP EA 86 RECONSTRUCT MANHOLE 1 4740.00 0.00 87 SANITARY MANHOLE OVERDEPTH LF 90 160,00 LF 00 0.00 10 170. 88 FURNISH$INSTALL NEW SANITARY MH CASTING AND 10 10 1,700.00 RINGS 89 FURNISH &INSTALL NEW WATERTIGHT SANITARY MH EA 34 440.00 20 20 $,800.00 CASTING AND RINGS 90 PRECONSTRUCTION SANITARY TELEVISING LF 3 1021.00 LF 7$56 1.60 0.00 91 SEWER REHABILITATION WITH CIPP,8" 9802 15,683.20 92 SEWER REHABILITATION WITH CIPP,9" LF 4805 21.50 50 0.00 93 SEWER MANHOLE REHABILITATION LF 445 29. 0.00 TOTAL BASE BID:PART 3-SANITARY SEWER LF 216 162'pQ 0.00 BASE BID: PART 4-STORM SEWER 56,015.20 94 REMOVE STORM SEWER CASTING AND RINGS EA 95 REMOVE STORM SEWER MANHOLE OR CATCH BASIN EA 12 100.00 12 12 1,200.00 96 REMOVE STORM SEWER PIPE 3 350.00 3 3 1,050.00 97 12"RCP STORM SEWER,CL 5 LF 100 10.00 00 0.00 98 15"RCP STORM SEWER,CL 5 LF 260 37. LF 0.00 506 38.00 69 420 15,960.00 183841994Q REtl3.�dgm Page 12 of 122 No. Item Contract Unit Current Quantity Amount 99 18"RCP STORM SEWER,CL 5 Unit Quanti ty Price Quantity to Date to pate LF 2170 38.00 1286 1582 60,1 16.00 100 21"RCP STORM SEWER,CL 4 LF 343 44.00 325 325 14,300.00 101 24"RCP STORM SEWER,CL 4 LF 105 50.00 104 104 5,200.00 702 4'DIAMETER STORM SEWER MH OR CBMH EA 21 2000.00 13 21 103 5'DIAMETER STORM SEWER MH OR CBMH 42,000.00 104 &DIAMETER STORM SEWER MH OR CBMH EA 5 2600.00 5 5 13,000.00 105 7'DIAMETER STORM SEWER MH OR CBMH EA 3 3400.00 3 3 10,200.00 EA 5 410000 T06 2'x3'CATCH BASIN . 5 5 20,500.00 107 DRAINAGE SWALE GRADING EA 11 1500'00 3 11 16,500.00 108 FURNISH&INSTALL NEW STORM SEWER CASTING AND SY 400 1000 0'00 RINGS-CB EA 109 FURNISH&INSTALL NEW STORM SEWER CASTING AND 5 520.00 0 RINGS-MH EA 5 440.00 110 CONNECT TO EXISTING STORM SEWER PIPE EA S 500.00 000 111 CONNECT TO EXISTING STORM STRUCTURE 3 3 1,500,00 112 CONNECT TO STRUCTURE(DRAINTILE) EA 2 600.00 1 2 1,200.00 EA 78 70.00 14 980.00 TOTAL BASE BID:PART 4-STORM SEWER 203,706.00 TOTAL BASE BID:PART I -STREETS TOTAL BASE BID:PART 2-WATERMAIN 870,827.42 TOTAL BASE BID:PART 3-SANITARY SEWER 1,106,199.07 TOTAL BASE BID:PART 4-STORM SEWER 56,015.20 TOTAL BASE BID 203,706.00 2,236,747.69 ALTERNATE 1 -VALLEY VIEW PARKING LOT 113 MOBILIZATION LS 1 6000.00 0,25 114 TRAFFIC CONTROL 1 6,000.00 LS 1 2750.00 0.25 1 2,750.00 115 RECLAIM BITUMINOUS PAVEMENT 116 SAWING BITUMINOUS PAVEMENT 3950 2.00 3950 7,900.00 LF 117 COMMON EXCAVATION (P) LF 80 3'� 87 261.00 118 BITUMINOUS MATERIAL FOR TACK COAT CY 440 7.00 440 3,080.00 GAL 180 2.50 160 160 400.00 719 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (2,B) TN 350 58.00 120 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 341.97 29,834.26 121 B618 CONCRETE CURB AND GUTTER 350 65.00 320.4 320.4 20,826.00 122 HYDROSEED WITH MULCH LF 1930 14.00 1917 26,838.00 123 SELECT TOPSOIL BORROW SY 780 1.50 1411 1411 2,1 16.50 TOTAL ALTERNATE 1 -VALLEY VIEW PARKING LOT TN 20 16.00 0.00 90,005.76 ALTERNATE 5- OSMAN, 64TH,OZARK STREET IMPROVEMENTS 222 MOBILIZATION LS 1 2750.00 0.25 1 223 TRAFFIC CONTROL 2,750.00 LS 1 1700.00 0.25 1 224 TEMPORARY MAIL L5 1 10001,700.00 .00 0.25 1 225 INLET PROTECTION 1,000.00 226 SILT FENCE,TYPE MACHINE SLICED EA 3 130.00 2 3 390.00 LF 30 2,00 227 REMOVE TREE 30 60.00 228 REMOVE BITUMINOUS PAVEMENT EA 2 610'00 0.00 229 SAWING BITUMINOUS PAVEMENT-STREET SY 5440 1.60 1545 2,472.00 230 REMOVE CONCRETE CURB &GUTTER LF 130 3.00 412 1,206.00 231 REMOVE BITUMINOUS DRIVEWAY PAVEMENT LF 3305 2.30 12 27.660 SF 3300 1.00 232 REMOVE CONCRETE DRIVEWAY PAVEMENT 0.00 233 REMOVE GRAVEL DRIVEWAY SF 600 1.00 000 234 COMMON EXCAVATION (P) SF 300 1.00 0.00 235 SUBGRADE EXCAVATION CY 2775 11.00 850 9,350.00 236 AGGREGATE BASE,CLASS 5 CY 1390 6.25 000 MODIFIED TN 930 10'00 929.49 9,294,40 237 SELECT GRANULAR BORROW (MODIFIED) TN 1390 9.75 238 GEOTEXTILE FABRIC TYPE V 0.00 SY 1220 2.00 239 4"PVC PERFORATED DRAIN TILE,WITH COARSE FILTER 0.00 AGGREGATE AND FILTER FABRIC LF 40 12.00 0.00 193801994D RE03.xism Page 13 of 122 No. Contract Unit Current Quantity Amount Item Unit Quantity Price 240 BITUMINOUS MATERIAL FOR TACK COAT Quantity to Date to Date 241 TYPE SP 12,5 NON-WEARING',COURSE MIXTURE (2,B) TNL 516 56.00 60 60 135.40 242 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 225.08 12,604.48 243 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS 2,6 TN 516 58'50 151.14 151.14 8,841.69 ( } 244 6 INCH CONCRETE DRIVEWAY 70 120.00 0,00 L 245 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 604 .80 0.00 246 HYDROSEED WITH MULCH F 31 10 111.20 930 10,416.00 247 SELECT TOPSOIL BORROW SY 5180 1.40 1 141 1 141 1 1,975.40 LF 248 12"SOLID WHITE STOP BAR 1164 0.01 0.00 249 WATER FOR DUST CONTROL LF 44 8'0 0.00 MG 250 STREET SWEEPER (WITH PICKUP BROOM) HR 5 6 40'00 0.00 251 ADJUST VALVE BOX 6 130.00 0.00 252 CONNECT TO STRUCTURE (DRAINTILE) EA 3 75'40 4.00 EA TOTAL ALTERNATE 5-OSMAN,64TH,OZARK STREET IMPROVEMENTS 2 70 OQ 0'00 62,223.07 ALTERNATE 6 - PANAMA STORM 253 MOBILIZATION 254 TRAFFIC CONTROL LS 1 1250.00 0.25 7 1,250,00 255 4"PVC PERFORATED DRAIN TILE,WITH COARSE FILTER LS 1 1600.00 0.25 1 1'600.00 AGGREGATE AND FILTER FABRIC 256 15"RCP STORM SEWER,CL 5 LF 20 12.00 0,00 257 2'x3'CATCH BASIN LF 300 38.00 260 9,880.00 258 CONNECT TO EXISTING STORM STRUCTURE EA 1 1500.00 1 7,500.00 259 CONNECT TO STRUCTURE(DRAINTILE) EA 1 1100.00 1 1,100.00 TOTAL ALTERNATE 6- PANAMA STORM EA 1 70.00 0.00 15,330.00 CHANGE ORDER NO. T i MOBILIZATION 2 TRAFFIC CONTROL LS 0 2750.00 0.00 3 TEMPORARY MAIL LS 0 1700.00 400 4 INLET PROTECTION LS 0 1000.00 0.00 5 SILT FENCE,TYPE MACHINE SLICED EA 0 130.00 0.00 6 REMOVE TREE LF 0 2'00 0.00 7 REMOVE BITUMINOUS PAVEMENT EA 2 (610'00) 0.00 8 SAWING BITUMINOUS PAVEMENT-STREET SY 3910 (1.60) 000 9 REMOVE CONCRETE CURB &GUTTER LF 270 3.00 0.00 10 REMOVE BITUMINOUS DRIVEWAY PAVEMENT LF 3105 (2'30) 0,00 11 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 2550 (1.00) 0.00 12 REMOVE GRAVEL DRIVEWAY SF 505 (1'04) 0,00 13 COMMON EXCAVATION (P) SF 3fl0 (1.00) 000 14 SUBGRADE EXCAVATION CY 1650 (11.00) 000 15 AGGREGATE BASE,CLASS 5 CY 1070 (6.25) 000 16 SELECT GRANULAR BORROW(MODIFIED)(MODIFIED TN 155 (10'00) 0.00 17 GEOTEXTR TN 730 (9.75) E FABRIC TYPE V 0.00 18 4"PVC PERFORATED DRAIN TILE,WITH COARSE FILTER SY 910 (200) 0.00 AGGREGATE AND FILTER FABRIC LF 40 19 BITUMINOUS MATERIAL FOR TACK COAT (12'5) 0.00 20 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (2,B) TN 386 (2.25) 0.00 21 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 376 (5b OQ) 0`00 22 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS (2,B) TN 54 (58.50) 0.00 23 6 INCH CONCRETE DRIVEWAY (120'00) 0.00 24 SURMOUNTABLE CONCRETE CURB AND GUTTER SF 505 (7,80) 0,00 25 HYDROSEED WITH MULCH LF 2170 (11.20) 0.00 26 SELECT TOPSOIL BORROW SY 4110 (1.40J 0.00 27 12"SOLID WHITE STOP BAR TN 950 (0.01) 0.00 28 WATER FOR DUST CONTROL LF 29 (8.00) 0.00 29 STREET SWEEPER(WITH PICKUP BROOM) MG 40 (40.00) 000 30 ADJUST VALVE BOX HR 3 (130'00) 0.00 31 CONNECT TO STRUCTURE (DRAINTILE) EA 2 (75.00) 0.00 TOTAL CHANGE ORDER NO. 1 EA 2 (70.00) 0.00 0.00 7938019940 RE03.xlsm Page 14 of 122 No. Contract Unit Current Quantity Amount Item Unit Quantity Price Quantity to Date to Date CHANGE ORDER NO.2 -ALTERNATE NO.3 1 MOBILIZATION 2 TRAFFIC CONTROL LS 1 1250.00 1 1,250.00 3 INLET PROTECTION LS 1 1000.00 1 11000.00 4 SILT FENCE,TYPE MACHINE SLICED EA 2 130'00 0.00 5 SALVAGE AND REINSTALL SIGN LE 600 2'00 0.00 6 REMOVE BITUMINOUS PAVEMENT EA 4 160'00 0.00 7 SAWING BITUMINOUS PAVEMENT SY 1420 2.00 1236 247200 8 AGGREGATE BASE,CLASS 5 LF 60 3.00 000 9 TEMPORARY WATER SERVICE TN 240 10.00 208.89 2,088.90 10 EXCAVATION SPECIAL(POTHOLE EXISTING UTILITY) LS 1 5000.00 1 51000.00 EA 2 150.00 11 REMOVE WATERMAIN LF 0.00 12 REMOVE WATER SERVICE LF 642 1.00 572 572.00 13 REMOVE HYDRANT LF 120 1.00 0.00 14 REMOVE VALVE AND BOX EA 1 100'00 2 200.00 15 CONNECT TO EXISTING WATER MAIN EA 1 20.00 1 20.00 16 6"DIP WATER MAW,CLASS 52 EA 3 1700.00 3 5,100.00 17 8"DIP WATER MAIN,CLASS 52 LF 140 49.00 22 1,078.00 18 6'GATE VALVE AND BOX LF 642 55.00 572 31,460.00 19 8"GATE VALVE AND BOX EA 5 1220.00 3 3,660.00 20 ADJUST VALVE BOX EA 3 1640.00 2 328000 21 HYDRANT EA 1 75.00 0.00 22 DUCTILE IRON FITTINGS EA 2 3800.00 2 7,600.00 23 INSULTATION-4"THICK LB 550 9.00 302 2,718.00 24 CONNECT TO EXISTING WATER SERVICE SF 100 4.00 0.00 TOTAL CHANGE ORDER NO,2-ALTERNATE NO.3 EA 3 80.00 3 240.00 67,738.90 CHANGE ORDER NO.3 i PRETREATMENT BOX,ACID TURRET EA 2 PRETREATMENT BOX,ACD BUNKER 2 1925'00 2 31850.00 3 4"DRAINTILE CLEAN OUT EA 8 1325.00 3 6 7,950.00 4 GATE VALVE ASSEMBLY EA 8 230.00 0.00 5 EDGING,VINYL EA 8 415'00 0.00 6 POLY LINER LF 645 8.80 0.00 7 SOD SF 1500 1.30 0.00 8 SOD SY 554 17.60 000 9 HYDROSEED WITH MULCH SY 20 (35.00) 0.00 10 REMOVE TREE SY 534 (1.35) 000 11 DRAINAGE SWALE GRADING EA 8 (610.00) 000 TOTAL CHANGE ORDER NO.3 SY 400 (10.00} 000 11,800.00 TOTAL BASE BID: TOTAL ALTERNATE 1 -VALLEY VIEW PARKING LOT 2,236,747.69 TOTAL ALTERNATE 5-OSMAN,64TH,OZARK STREET IMPROVEMENTS 90,005.76 TOTAL ALTERNATE 6-PANAMA STORM 62,223.07 TOTAL CHANGE ORDER NO. 1 15,330.00 TOTAL CHANGE ORDER NO,2-ALTERNATE NO.3 0.00 TOTAL CHANGE ORDER NO.3 67,738.90 TOTAL WORK COMPLETED TO DATE 11,800.00 2,483,845.42 1 9380 1 994D REM Asm Page 15 of 122 PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS STANTEC PROJECT NO, 193801994D CONTRACTOR A-1 EXCAVATING, INC. CHANGE ORDERS No. Date Description 1 4/23/2015[Alternate Change Order provides for adjustments to thit,$139,427,50, / ct. See Change Order 2 6/4/2015 Change Order provides for the addition of No. 3 to project. See Change Order 3 7/13/2015 hange Order provides for adjustments to this ct. See Change Order Total Change Orders PAYMENT SUMMARY No. From To Payment 1 Retainage Completed 05/01/2015 0711712015 826,396.55 43,494.56 2 0711812015 09/02/2015 1,018,541.77 97,102.02 18942 040133 3 09/03/2015 10/09/)015 514,714.84 124,192.27 2,483,845.42 Material on Hand on:e $2,359,900.1Original Contract $3,385,037.70 3 E$2,484,OE9242JRevised hange Orders 2 [$ 5,235.00} Contract $3,359,802.70 193801994D RE03.xlsm Page 16 of 122 Oak Park Heights Request for Council Action Meeting Date October 13th, 2015 Time Required: 1 Minute Agenda item Title; Approve Payment to Washington Count —2013 - Campus Project totaling $20.826.21 Agenda PIacement _ Consent Agenda Originating Departxnent/Requtor 'c Johnson City Administrator Al Requester's Signature Action Requested A rove a ent to Washington Count —2013 - Campus Project totalin¢&,826.21 Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): fn July 2013(1)the City executed Cooperative Construction agreement with Washington County relating to their campus improvement projects and which included a number of City utility alterations and improvements.The initial Agreement included only estimates, but was then approved by the City Council with final amounts due for$349,858 for Construction as outlined in the May 2013 memo to the City Council from Chris Long,the City Engineer as attached. The City is also obligated per the Cooperative Construction Agreement for portions of Design and Construction Engineering totaling an estimated amount of$5,200. Bringing the City's estimated total to$356,165.10. Final costs based on actual totals/quantifies are now at$352,872.83 or$3,292.27 lower than estimated. At this time the City has received billing from Washington County in the amount of$20,826.21-Paying this amount will result in a total payment to Washington County of$352,872.83.STANTEC has informed the City that they have secured the necessary City as-builts for water and sanitary sewer systems. Possible Total Amount DUE-Construction Only $ A007D7 DISCOUNT SA#3 and WO N4 $ 104,375.46} Amount Owed-Construction Only $ 346,331.84 Amount Paid to date-construction only $ 328,311.93 Balance Due for Construction $ 18,019.91 Balance due for Design Engineering $ Balance due for Construction Engineering $ 2806 Total Amount Remaining Due $ Tot.!Amount to be Paid By City-All Costs(Construction,Engfneerin $ 352,872.83 Recommendation: At this time the City Council should approve the payment to Washington County the amount of $20,826.21. (�) Please note the Agreement signed by all parties in July did not update the figures from the initial engineers estimate,even though it was following the date of the final bids—actual figures above were used. Page 17 of 122 i J . WASHINGTON COUNTY Public Works 11660 MYERON ROAD NORTH STILLWATER, MN 55082 (612)4304342 INVOICE: 773' 81529M D TO: Oak Park Heights City ATE: September 30th 2015 P.Q. Box 2007 Oak Park Heights MN 55082-3007 Date Item Labor Hours+Fringe -`----- -----Amount ---- ............. ---------- -.. ........I---- ------------- ------------- ---------------------- 09/30/15 CR 62/63 $20,826.21 Parading Lot Project Construction Cost for City/County Cooperative Agreement No. 8338 TOTAL DUE: $20,826.21 I declare under the penalties of law that this account claim or demand, is just and correct and that no part of it has been paid. 42W]a2shin9atonCO-U rub orks PLEASE RETURN DUPLICATE COPY OF INVOICE WITH PAYMENT Page 18 of 122 Stantec Consulting Services Inc. 2335 Highway 36 West St.Paul MN 55113 Tel: (651)636-4600 Fax.,(651)636-1311 May 29, 2013 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Re: 2013 Washington County Campus City Utility Improvements— Bid Results Stantec Project No.. 193801736 Dear Eric: The bid results have been received from Washington County for the,above reference project. The overall low bidder was Hardrives with a total overall bid of$2,497,735.08. Below is the overall bid results: ENGINEER'S HARDIRIVES NORTHWEST EST. (LOW ARNT SCHIFSKY ASPHALT Total $ 2,525,978.85 2,497,735.08 2,767,527.08 2,770,012.63 2,826,462.41 We also prepared the table below which shows the City's apportionment of the project for the utility work. Base on the percentage apportioned to the City, we estimated the mobilization and traffic control costs. ENGINEER'S' NORTHWEST CRY ITEMS ESTIMATE HARDRIVES ,' ARNT SCHIFSKY ASPHALT Ci U81" % N/A" 13.38°.b 13.38%, 13.60°!0 9.02°f0 Utility Bid Item Amounts $ 280,587.50 334,139.98 ," 370,353.00 376,729.50 255,060.90 Est. City . Mobilization $ 14,000.001 14,046.60 ' 12,846.81 34.000.70 22,913.28 Est. Clty Traffic Control $ 2,000.00' 1,672.21 '" 2,087.61 3,400.07 649.73 Total S 296,587.50`' 349,1358.80 385,287.41 414,130.27 278,623.91 Diu ��+." rtu,� ,, �•�v '� Based on the tables above, the overall low bidder is not the low bidder for the City utility items. The difference between the two Lowest bidders for the City utility items is$71,234.89. Although this is very unfortunate for the City, the County is required to accept the overall project low bidder. Page 19 of 122 Page 2 of 2 Reference: 2013 Washington County Campus City Utility Impravements-Bid Results This occurrence is very atypical from cooperafive projects that we and the County have been involved with in the past. There are risks with all parties when bidding cooperatively= where this scenario could have been reversed with the County having to select the low bidder which may have not been the bidder with the lowest County bid items. It is difficult understand fully why the utility items were significantly different between the bidders. Different utility subcontractors could be utilized with different methods of completing the project work. Since this project included staging and joint coordination, it was necessary to bid this project in concurrence with the County work. Recommendation We are recommending approval of the NO results received. I me roan improvements are being completed this construction season and the utility repairs are necessary at this time. If you have any questions or require further information please call me at(651)604-4808. Sincerely, STANTEC 4� . Christopher W. Long, P.E. Cc:Andy Kegley, Betty Caruso—Oak Park Heights; Marts Hanson, Jason Petersen, Rohini Ray, Lucas Miller—Stantec. Page 20 of 122 �P- Oak Park Heights Request for Council Action Meeting Date October 13t". 2015 Time Required: 1 Minute Agenda Item Title: Access A regiment to BCA Criminal Data Communications Network Agenda Placement Consent Agenda Originating Department/Requestor Erie Jo "son i Administrator/Mark Vierlin City -.. - - -ttorney. f Requester's Signature Action Requested Approve the Re Dilution, Joint Powers Agreement and the Court Data Services Sub riber Amendment to CJSN Subscriber A 7reement with the Minnesota Bureau of Criminal Apprehension. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City is required to enter into various agreements with the Minnesota Bureau of Criminal Apprehension to use the BCA systems and tools and their criminal data communications network. Specifically two documents are needed: Joint Powers Agreement and the Court Data Services Subscriber Amendment to CJSN Subscriber Agreement. These must be executed every five years. These agreements once executed essentially grant the City (both the Police Department and the Prosecuting Attorney's Office) access to those systems/networks. To complete these agreements the enclosed resolution is necessary to be passed and once passed the City will need to execute these two documents. Recommendation: Approve the enclosed Resolution,Joint Powers Agreement and the Court Data Services Subscriber Amendment to CJSN Subscriber Agreement Page 21 of 122 RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF OAK PARK HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Oak Park Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oak Park Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Oak Park Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it, 2. That the Chief of Police, Brian DeRosier, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Sandy Kruse is appointed as the Authorized Representative's designee. 3. That the City Attorney, Mark J. Vierling, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Rachel Seely is appointed as the Authorized Representative's designee. 4. That Mary McComber, the Mayor for the City of Oak Park Heights, and Eric Johnson, the City Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this day of -, 2015. CITY OF OAK PARK HEIGHTS By: Mary McComber Its Mayor ATTEST: By: Eric Johnson Its City Administrator Page 22 of 122 SWIFT Contract 9 100692 STATE OF MINNESOTA MN082 i 400 JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA")and the City of Oak Park Heights on behalf of its Police Department("Agency"}. Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. 1 Term of Agreement Agreement 1.1 Effective elate: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN)and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three(3)methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services. enterprise service bus and message queuing. For purposes of this Agreement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement_ Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access.In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation(FBI)National Crime Information Center. 1. Page 23 of 122 SWIFT Contract 9 100692 MN0821400 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening(pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at bttps://app.dps.mn.gov/cedn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https:Hsps.x.state.mn.us/sites/bcaservieccatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://d s.mn.gov/divisions/bca/bca- divisions/mnjis/Documents/BCA-Polic. -on-Appropriate-Use-of-Svstems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency(i)satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement.. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal Iaws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 29 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk cstate.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must 2 Page 24 of 122 SWIFT Contract# 100692 Nf N 0821400 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one(1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees(see Clause 3 below), and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Two Hundred Seventy Dollars($270.00) or a total annual cost of One Thousand Eighty Dollars($1,080.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul,MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief Brian DeRosier, 14168 Oak Park Boulevard N, PO Box 2007, Oak Park Heights, MN 55082, (651)439-4723, or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral,may, be used to bind either party. 3 Page 25 of 122 SWIFT Contract# 100692 MN08214�00 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books,records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents,and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored,used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court,applicable state statute or federal Iaw. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause,"Individual User"means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement.Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber 4 Page 26 of 122 SWIFT Contract 9 100692 MN082 l 400 Amendment.None of these provisions alter the Agency's internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2. BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 1 l.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court, 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement,or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 1.1 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insarffcient Funding. Either party may immediately terminate this Agreement 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 must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available.Neither parry will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature,or other funding source, not to appropriate funds.Notice of the lack of funding must be provided within a reasonable time of the affected parry receiving that notice. 12 Continuing obligations The followim-, classes survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8, Government Data Practices; 9. Investigation of alleged violations; sanctions; and I O.Venue. 5 Page 27 of 122 SWIFT Contract# 100692 MNQ821400 The parties indicate their agreement and authority to execute this.Jgn ree" ent hl,signing below. L AGENCY 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Name:Mary McComber CRIMINAL APPREHENSION (PRINTED) Name: Signed: — (PRINTED) Signed: Title: Mayor (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMiNtISSTOIN'ER OF -kD.NIINISTIZI'I ION Name:Eric Johnson delegated io�Nlateriak 11an�t,, € }uncut f)i%isipn Signed: Bp' Date: Title:City Administrator (with delegated authority) Date: 6 Page 28 of 122 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety. Bureau of Criminal Apprehension, ("BCA") and the City of Oak Paris Heights on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency. SWJFT Contract number 100692, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment_ The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections S through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 Page 29 of 122 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is -vvwr, <.courts.statc.mn.LIS or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 Page 30 of 122 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. Office. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records"means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of 3 Page 31 of 122 Subscriber's duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non- official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To Iimit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section I of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court. Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 Page 32 of 122 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited Iicense to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation. and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to 5 Page 33 of 122 any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITV. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable Iaw. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be 6 Page 34 of 122 governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Page 35 of 122 Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS, 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA 8 Page 36 of 122 shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at Iaw or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION, This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. 9 Page 37 of 122 PN `FITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. ST.ATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF !odwrdual shat funds have been encumbered as CRIMINAL APPREHENSION required by.-Vinn,Star §§ 16A.15 and 160.05. Name. Name: (PRINTED) (PRINTED) Signed: Signed: Title: Date: (with delegated authority) S W[FT Contract No. Date: 2. SUBSCRIBER(AGENCY) 4. COMMISSIONER OF ADMINISTRATION Subscriber must attach written verification of delegated to Materials Management Division authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. By: Name:Mark J.Vierling Date: Signed: 5. COURTS Authority granted to Bureau of Criminal Apprehension Title:City Attorney for Oak Park Heights Name: (with delegated authority) (PRINTED) Date: Signed: Name:Mary McComber Title: Signed: (with authorized authority) Date: Title:Mayor (with delegated authority) Date: Name:Eric Johnson Signed: Title:City Administrator (with delegated authority) Date: 10 Page 38 of 122 it Oak Park Heights Request for Council Action Meeting Date: Tuesday October 13th 2015 Agenda Item: Fail 2015 Tree Removal, Pruning and Stump Grinding Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requestor: Public Works, Andy Kegley, Public Works Director Lisa Danielson Arborist Requester's Signature Action Requested: 644 the 2015 Fall Tree Removal Pruning and Stump Grinding Promect to YTS Com ani s LLC. Please See Attached Memo, Three (3) tree services submitted quotes to complete the City of Oak Park Heights Fall 2015 Tree Removal, Pruning and Stump Grinding List. Quote requests were sent to five (5) tree services. YTS Companies, LLC. submitted the lowest quote; therefore I recommend that YTS, Companies LLC. be awarded the project. Page 39 of 122 itCity of Oak Park Heights 14168 Oak Park Blvd N..Boa 2007 e Oak Park Heights,MN 55082+Phone(651)439-4439 a Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc.* Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson, Arborist Z_D Date: 10/8/2015 Re: City of Oak Park Heights Fall 2015 Tree Removal, Pruning and Stump Grinding Quotes Attached are the copies of the quotes that were submitted from tree services for the Fall 2015 City of Oak Park Heights Tree Removal, Pruning and Stump Grinding list. Trees included on the list are along City boulevard right-of-ways, City trails and in City parks. Trees to be removed are dead, ash to be removed for Emerald ash borer (EAB) management, diseased elms, or pose a risk. Trees to be removed due to death or risk have been marked with a bright orange "X" on the street or park side of the trunk. Diseased elms are marked with a bright orange ring around the trunk and a "15" indicating the year they began showing signs of decline in health. The list includes location, tree species, sizes, and work to be done. A number of boulevard trees are being pruned of hanging, broken branches and many others are being pruned due to low hanging branches in need of pruning for clearance. Trees that are removed along City boulevard right-of-ways or high traffic/turf park areas will have the stumps and major surface roots ground out, sites will be restored with black dirt and grass seed. Residents having a boulevard tree removed will have the option of having a replacement tree planted on the boulevard if space permits next year. Quote requests were sent out to (5) five tree services; (3) three tree services provided a quote by the deadline. YTS Companies, LLC. provided the lowest quote; therefore I'll make the recommendation that they be awarded the project. TREE CITY U.S.A. Page 40 of 122 Submitted Quote Totals Tree Service Quote Total YTS Companies, LLC. $8,655.00 St. Croix SavATree $10,235.00 S & S Tree Specialists $13,685.00 2 TREE CITY U.S.A. Page 41 of 122 2015 Tree Removals, Prunning and Stump Grinding Proposal from: YTS Companies, LLC. 14310 Northdale Blvd. Rogers, MN 55374 Contact Person: Keith Yetzer 651-270-9337 Work Item Cost($) Work Item Cost($) 1 580 41 $45 2 $125 42 $45 3 $575 43 $200 4 $1.10 44 $70 5 $110 45 $85 6 $110 46 $soQ 7 $125 47 $50 8 $125 48 $50 9 $110 49 $60 10 $135 50 $45 11 $135 51 $45 12 $45 52 $45 13 $45 53 $100 14 S45 54 $15 15 $45 55 $45 16 $45 56 $45 17 $550 57 $45 18 $45 58 $45 19 $45 59 $170 20 $45 60 $45 21 $45 61 $45 22 $45 62 $45 23 $45 63 $45 24 $45 64 $45 25 $45 65 $400 26 $45 66 $110 27 $45 67 $40 28 $60 68 $40 29 $60 69 $175 30 $45 70 $40 31 $45 71 $40 32 $45 72 $110 33 $45 73 $75 34 $45 74 $300 35 $45 75 $650 36 $45 76 $750 37 S45 77 $100 38 $45 39 $60 40 $45 Sub Totals $3,595 $5,060 Total $8,655.00 Submitted by: . pate; / "I; ° 1.5 �ougla IAIV-- Vice President Page 42 of 122 RECEIVED 0()CI CT City Of Oak Park Heights M ___] PM PM Propwgal for (]'4"-,ity cx Park Heights FcJr sc-,,rvice at O.al;,k, Park Prepared By Page 43 of 122 Commercial Tree Maintenance 3 Pruning, removal, and stump work per Quote request dated 09-24-2015. See attached spreadsheet for itemization of prices. $ 10,235.00 Page 44 of 122 AUTHORIZATION TO PROCEED WITH ESTMMTE SavATree has been given authorization to proceed with the estimate and detail of work as outlined in our proposal dated September 30, 2015, General Tree Care $ 10,235.00 This proposal has been provided to you on a confidential basis. We kindly request that neither this proposal nor any of its contents be reproduced or shared with any competitor without the prior written consent of SavATree. Thank you for your continued confidence in our professionalism. I authorize the work described above and agree to the terms and conditions that follow, AUTHORIZATION Dated Applicable sales tax is added to all services, which are billed upon completion. If you wish to pay via credit card, please complete the information below: Circle One: MASTERCARD VISA DISCOVER AMEX Card # Expire Date Arborist/Branch Contact: Account# 1019008 Chris Muehleck SavATree& SavaLawn 675 Grupe St. Roberts, WT 54023 P:(715)749-3475 F:(715)749-3465 E:roberts@savatree.com Wi Business Number: Page 45 of 122 TERMS AND CONDITIONS Thank you for choosing us!The following terms and conditions together with the terms presented on front and the Plant Health Care and/or Lawn Care Dalasheel ("Dalasheel'),if applicable for your state,constitute your entire agreement with Nature's Trees.Inc.(11)a SavA"ree,SavaLawn,St.Crcia Tien Seivice.,St.Croix SavATree..Autumn Tree,Country Green and DeerTech collectively referred to as"SavATree." PERFORMANCE Our Plant Health Care and Lawn programs are designed to manage and not eradicate weeds, insects, mites, disease and deer browsina Horticulturally tolerable levels of insects, mites,disease and deer browse may still be present after treatments. Epidemic infestations may require additional visits at additional cost to you,pending your approval Each time we are on your property,an evaivat on card will be lef', indicating the service(s)performed and,if necessary,any additional recommendations Remeasurement of your lav,,n,trees or shrubs may also be done if there is a discrepancy between the original estimate and the actual square footage or preduct(sr required. You will be notified of any price adjustments on a go forward basis. Work crews will arrive at the job site unannounced unless othena,ise noted herein, The Datasheet provides approximate and alternate dates of our service. SavATree shall not be liable for damage or losses due to delays for weather or causes beyond our control. By signing this agreement,you accept that every day during the agreement's term is a specific date on whicn applications will be applied,and you are continuously on notice that SavATree will perform applications on any day during the term of this agreement if any other day becomes unnecessary or infeasible for performance (due to weather. scheduling conflicts or weed insect. mile and disease cycles)in which case you waive SavATree's performance on such a day. Absent extraordinary circumstances.you request that SavATree not further Contact you concerning dates of application as such further contact would be a burden to vou.The following provisions apply to New York and Wnnesota clients only: The term of this agreement shall be for twenty years from the date it is signed by you however this agreement may be terminated without penalty at any time by either party. 1fJORKMANSHIP All work is perfanned it a professional manner by experienced personnel outfitted with the appropriate tools and e.quiprnent to complete the job properly Our work meets and exceeds the guidelines and standards set forth by ANSI (the American National Standards Institute)A300. As part of the Arbor Patrol Program,we may perform some minor deep root watering. minor fertilization and/or minor pruning of insect infested or diseased limos Any additional major work to be performed will be evaluated during a follow-up site inspection by an arborist who will submit an estimate for client approval The client is responsible for advising SavATree regaidirrg the location of underground utilities in the area where work is to be done SavATree shall not be responsible for damage to such uttliti[s unless the location has been indicated prior to the commencement of work. Any dispute controversy or claim arising out of or relating to this agreement or the breach thereof,shall be determined and settled by arbitration under the Rules of the American Arbitration Association. The arbitration award shall be final and binding.Judgment on the award maybe entered in any Court having competent jurisdiction thereof Recommendations are intended tc minimize or reduce hazardous conditions associated vv rh trees The owner or owners representative is responsible for the annual scheduling of the required inspection of supplemental support systems. No auarantees are intended or implied with regard to work product. INSURANCE SavATree is insured for the liability resulting from injury to persons or negligent damage to property,and all its employees are covered by Workers' Compensation Insurance.A certificate of insurance is available upon request. OWNERSHIP By signing this agreement,you warrant that all trees. plant material and property on which work is to be performed are either owned by you or that perm!ssion fo;the work has been obtained from the owner by you It is further agreed that the property owner or representative shafl be responsible fol obtaining any and all permits which may be required by local authorities. SavATree is hereby held harmless from aL claims for damages resulting from the client's failure to obtain such permits. Minnesota clients are required to cancel this program upon sale of property. TERMS OF PAYMENT The total cost estimates on the front of this agreement are valid for 60 days unless otherwise noted.All accounts are payable upon receipt of invoice A deposit of D'% may be required prior to the commencement of General Tree Care work.A service charge of 1.5% per month, which is an annual percentage rate of 18%.vvill be added to accounts thirty days after the invoice date. Your next treatment may not be performed if your account is past due. Past due balances vo+d any guarantees- If outside assistance is used to collect the account, the client is responsible for all costs associated with the collection including. but not Ifrnited to reasonable attorney fees arrd court costs Sal-es tax,if applicable will be added to the amounts of this esimate per your local and sate tax jurisdiction. Should an;tern-s of this agreement be amended subsequent payment for our services shaft your written acceptance thereof The foilc%vee g Dr­nsion applies to New York clients only. Py signing this agreement. you accent ti.at tre annual program total cost shall increase or,January 1st of each year of this agreement by 1%less than the annual increase in,l.e C (CPI-i published on vvww.bls gov for twelve moans ending October 31st unless atherr,�lse agreed and you hereby aciKnowledge that you have rece`ved notice of and understand the total cost of SavATree's services. CONGEALED CONTINGENCIES You agree to pay SavATree on a tame aric !'­Dle°i_,s Lass far air, additionai worst required to complete:he lob occasioned by concrete or other foreign matter:stingin0 ir: a'`. t'le 'ee,trees. er c-arne-he5, el2ctncal line encountered In eXCavatlons;and work not described within this proposes er ar ^;he; condition not apparent in e tir.-a::f g:,ie ,.o, specified. STATE NOTIFICATION REQMI)EI,�Eli TS Certain states require that spe-- fic product information be submitted to you. Part of this agreement is our Datasheet,which provides such information. The Datasheet can be found sa,a; ee co,Vdshndo,him;and fol IAasse.chusetts clients,see the Consumer Information Bulletin atwww.savatree comldslmacnsminfo. You tr,e right to ie- e•se specific date pre-rotification for certain applications in certain states. Your,,.,then autho'ization on the Authorization _c c' waives any pre-notlflcatlen iequ�rement Unless noted otherwise. r Nev, fork Stale: The properly owner or owner's agent mom., specific date or dates of the appllcalion(s)to be provided and,if so requested tl_F pes:iclde applicator or business must inform cf the specific dates and induce that date or dates in the contract.Wisconsin clients hereb: consent to receiving e:ectronic pre-notification of materials to be used on their property via the datasheet link listed above. 4.,t,1 T C:tr4`ti f7i.7 FMitiRAL PROGR�,ld L,`n nit' cu'best art:e,s ro. When you are satisfied with our services,please tell a friend.When your friend signs up for one of our piCC��., 'r.' enEiV2dCrn _ �rerlr,ary gift with our appreciation. CiieiS Uc (;�Oal.t.��Tl :rE .t,=Cai.1t-.i�,I<TcE Should our service -.II short of your expectations,please contact us immediately. Final payment will be due only upon your complete Page 46 of 122 City of Oak Park Heights 2015 Fall Tree Pruning and Removal list Tree number price 1 $ 115.00 RECEIVED 2 $ 115.00 3 $ 960.00 4 $ 75.00 5 $ 75.00 6 $ 25.00 City of Oak Park Heights 7 $ 115.00 AM PM 8 $ 80.00 9 $ 80.00 10 $ 80.00 11 $ 80.00 12 $ 80.00 13 $ 80.00 14 $ 80.00 15 $ 80.00 16 $ 80.00 17 $ 490.00 18 $ 80.00 19 $ 80.00 20 $ 80.00 21 $ 80.00 22 $ 80.00 23 $ 80.00 24 $ 80.00 25 $ 80.00 26 $ 80.00 27 $ 50.00 28 $ 80.00 29 $ 125.00 30 $ 80.00 31 $ 80.00 32 $ 80.00 33 $ 80.00 34 $ 80.00 35 $ 80.00 36 $ 80.00 37 $ 80.00 38 $ 80.00 39 $ 80.00 40 $ 80.00 41 $ 80.00 42 $ 80.00 43 $ 165.00 44 $ 80.00 Page 47 of 122 45 $ 80.00 46 $ 875.00 47 $ 80.00 48 $ 80.00 49 $ 80.00 50 $ 80.00 51 $ 80.00 52 $ 80.00 53 $ 80.00 54 $ 80.00 55 $ 80.00 56 $ 80.00 57 $ 80.00 58 $ 80.00 59 $ 80.00 60 $ 80.00 61 $ 80.00 62 $ 80.00 63 $ 80.00 64 $ 80.00 65 $ 475.00 66 $ 115.00 67 $ 115.00 68 $ 80.DD 69 $ 80.00 70 $ 80.00 71 $ 80.00 72 $ 80.00 73 $ 80.00 74 $ 140.00 75 $ 700.00 76 $ 750.00 77 $ 115.00 total $ 10,235.00 Page 48 of 122 Lisa Danielson From: Neeser, Rob <rneeser @sstree.com> Sent: Tuesday, October 06, 2015 5:27 PM To: Lisa Danielson Subject: RE: Quote Request for City of Oak Park Heights Fall Tree Removals, Pruning and Stump Grinding List Attachments: Fall 2015 Quote Request 9-24-2015.pdf Lisa, Thank you for the opportunity to bid on the city removals and pruning. If you have any questions please feel free to contact me. From: Lisa Danielson [mailto:LDanielson @cityofoakparkheights.com] Sent: Thursday, September 24, 2015 7:24 AM To: Neeser, Rob Subject: Quote Request for City of Oak Park Heights Fall Tree Removals, Pruning and Stump Grinding List Hi Rob- Attached is the quote request packet for the City of Oak Park Heights Fall Tree Removals, Pruning and Stump Grinding List with details and other important information. Work items are located along City boulevard right-of ways, City trails and in City parks. Please prepare an itemized quote for the following tree work items (1-77).The deadline for submission of quotes is Wednesday, October 7th 2015 at Noon for consideration at the City of Oak Park Heights City Council Meeting on Tuesday, October 10th 2015. Quotes may be submitted in person at City Hall, mailed, faxed (651)- 439-0574, or sent electronically to me via email. If you have any other questions feel free to contact me. Thank you, Lisa Danielson City of Oak Park Heights,Arborist (651)-439-4439 Idanielson @cityofoakparkheights.com Page 49 of 122 Work item Price 1 $100.00 2 $100.00 3 $1,500.00 4 $100.00 5 $50.00 6 $50.00 7 $100.00 8 $75.00 9 $50.00 10 $75.00 11 $75.00 12 $75.00 13 $75.00 14 $75.00 15 $75.00 16 $75.00 17 $700.00 18 $75.00 19 $75.00 20 $75.00 21 $75.00 22 $75.00 23 $75.00 24 $75.00 25 $75.00 26 $75.00 27 $75.00 28 $75.00 29 $75.00 30 $75.00 31 $75.00 32 $75.00 33 $75.00 34 $75.00 35 $75.00 36 $75.00 37 $75.00 38 $75.00 39 $75.00 40 $75.00 41 $75.00 42 $75.00 43 $225.00 44 $150.00 45 $100.00 46 $1,500.00 Page 50 of 122 47 $100.00 48 $100.00 49 $150.00 50 $100.00 51 $100.00 52 $150.00 53 $175.00 54 $75.00 55 $75.00 56 $75.00 57 $100.00 58 $100.00 59 $200.00 60 $75.00 61 $75.00 62 $60.00 63 $150.00 64 $50.00 65 $700.00 66 $100.00 67 $150.00 68 $150.00 69 $75.00 70 $150.00 71 $100.00 72 $100.00 73 $150.00 74 $300.00 75 $1,100.00 76 $1,400.00 77 $100.00 Tota 1 $13,685.00 Page 51 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 52 of 122 Oak Park Heights Request for Council Action Meeting Date: Tuesday October 13, 2015 Agenda Item : Approve Safety Consulting Contract Renewal Time Req. 1 Minute Agenda Placement: Consent Originating Department/Reque or: Public Works, Andy Kegley_ Public Works Director Requester's Signature Action Requested: Autho `ze Staff to renew Safe Assure Contract Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 53 of 122 r City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum °o: Eric Johnson, Administrator Cc: Mayor and Council ,�t From: Andrew Kegley, Public Works Director Date: 09/09/15 Rea Safe Assure Contract Renewal OSHA requires documented proof of employee training and written procedures for standards that are set by the agency. For the past several years, the City of OPH and surrounding Cities (Stillwater, Lake Elmo, et al.) have cooperatively contracted with Safe Assure to provide staff training, a written safety policy manual, mock OSHA inspections of the P.W. shop and other such services. Safe Assure is thorough in the service they provide through quality training as well as following up on questions from OPH P.W. staff and providing required materials for documentation. The rate for one year of unlimited service is$3,087. This is the same rate safe assure charged since 2013. The service is fiznded from a percentage split in the P.W. contracted services fund. Safe Assure provides valuable service to OPH. I recommend the Council approve signing a contract to continue services for another year. Page 54 of 122 SafeAssure Consultants Inc. Invoice 200 4th St SW PO Box 281 Date Invoice# Willmar,MN 56201 9,12/201_5 912 Bill To Ship To City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Ileialtts MN 5-5082 P.O. Number Terms Rep Ship Via F.O.B. Project Due by Sept_30th 4/2/2015 Quantity Item Code Description Price Each Amount 1 Consulting Safety Training 3,087.00 1,087.00 Thank you for your business! Wtf appreciate your partnership wish tips! Total $3,087.00 Page 55 of 122 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that:, Fpp�ti to The City of Oak Park Heights are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work place Accident&Injury program that promotes safe& healthful working conditions" EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers& employees must take to insure employee safety from fire& other emergencies" CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 'Procedures shall be developed, documented& utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for.- development& maintaining a written hazard communication program for the work place..." RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational r'njuries and illnesses for that establishment............" CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b)of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. I Of 7 Page 56 of 122 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks": GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered In an O.S.H.A. Standard may be covered under section 5(a)(I)of the act, which states: Each employer shall furnish to each of{their}employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to (their) employees. " PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) 'Application. "Protective equipment, including personal protective equipment for eyes, face, head, and extremities,protective clothing, respiratory devices, and protective shields and barriers,shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j)(I)(ii)(b)of this section, depending upon its activity..................... ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD's, MSD hazards and controls used to address MSD hazards," MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth-moving equipment operators and all other employees working on the ground exposed to mobile earth-moving equipment shall be trained in the safe work procedures pertaining to mobile earth-moving equipment and in the recognition of unsafe or hazardous conditions. 2 Of 7 Page 57 of 122 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart 0 - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) Of 7 Page 58 of 122 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Oak Park Heights to obtain as required to comply with OSHA standards,. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for The City of Oak Park Heights are for the sole and express use by The City of Oak Park Heights and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA. standards/statutes. These changes or additions, when made during a contract year, will be made at no additional cost to The City of Oak Park Heights. All written programs/services that are produced by SafeAssure Consultants, Inc. are to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse The City of Oak Park Heights should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants,Inc. SafeAssure Consultants,Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 4 Of 7 Page 59 of 122 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Oak Park Heights Written Programs &Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out/Tag Out (Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Sloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal 5 Of 7 Page 60 of 122 Powered Industrial Trucks/Forklifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal General Safety Requirements • review/modify or write site specific program • documented training of all personnel The "SafeAssure Advantage" -,le for A'VVAlr\, LAr, LK i N, i=KU0, Bloodborne • Safety Committee Advisor • Employee Safety Progress Analysis • _-.- - -_-. _ _-- . _ ��. _ __ +-om Fastenal Stores or Catalogs r1 EZo/ nfF anv ii-,q) • Job Hazard Analysis (JHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • "ALERT" data base • Unlimited consulting services 6 Of 7 Page 61 of 122 Contract/ Agreement THIS AGREEMENT is made this first day of October, 2015 between The City of Oak Park Heights, Oak Park Heights, Minnesota, herein referred to as The City of Oak Park Heights and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this contract/agreement, The City of Oak Park Heights (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of$2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by "The Hartford" insurance companies. SafeAssure further agrees that The City of Oak Park Heights will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Oak Park Heights, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Oak Park Heights, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Oak Park Heights, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed agreement/contract, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Oak Park Heights, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Oak Park Heights. ANNUAL CONTRACT $ 2987.00 DAMARCO SERVICES (MSDS ON-LINE) $ 100.00 ANNUAL $3,087.00 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH CONTRAC711=* X The City of Oak Park Heights X The City of Oak Park Heights X —'"�-' 090215 SafeAssure Consultants, Inc. Date 7 Of 7 Page 62 of 122 Oak Park Heights Request for Council Action Meeting Date October 13`h 2015 Time Required: 1 Minute Agenda Item Title: Animal 14umane Society—Le tterOf Understanding - 2016 Agenda Placement Consent Agenda Originating Department/Reques r Eric Johnson. City Administrator Requester's Signature f' r Action Requested Approve ett�r of Understanding for tllc Animal Humane Society- 2016 f� Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City of Oak Park Heights does have a continuing relationship with the Animal Humane Society to accept animals secured by the City, (typically the City's Police Department). The AHS is seeking a written agreement between the City that is consistent with past practices and anticipated fee structures. The AHS is typically the only convenient and reliable resource available to the City to provide these animal shelter/possible recovery resources. Fee structures as noted are reasonable and consistent with past years. Staff does recommend the approval of the Letter of Understanding for Impound Housing services for 2016 - rates remain the same as 2015. Page 63 of 122 lkrA39_�� animal humane society 9/25/2015 City of Oak Park Heights P,O, Box 2007 Stillwater, MN 55082 Dear Municipal Administrator, As you know, Animal Humane Society partners with local cities to improve the lives and welfare of animals as well as the impact they have on people in our community. We look forward to continuing our partnership with your city in 2016. Last October we launched our successful Community Cats program, through which stray cats that are not candidates for adoption are sterilized, ear-tipped, and returned to where they were found. Returning cats to their environment in this manner will eventually stabilize and reduce the stray cat population, reducing costs to the city. As this program continues, your animal control officers may see more cats with tipped ears. These are cats that have thrived outside and are not suited for placement in a home environment. Please continue to communicate to your officers that these cats should be left in the community and not brought to the shelter. Two copies of your 2016 contract are enclosed. We anticipate no changes that will impact our municipal contracts, so the language in the new agreement is consistent with the one you signed for 2015. 1 am also pleased to share with you that our standard holding fees will remain at $135 per animal for cats and dogs and $41 per animal for other domestic animals. If you have any questions, please free to contact me at the email or phone number below, Otherwise, please sign both copies of the contract and return them to the Woodbury address below. Janelle Dixon, our President & CEO, will then sign them, return one to you, and keep one for our records, We are starting this process earlier this yearto ensure that all contracts are signed and returned by January 1, 2016. We appreciate your partnership as we seek to serve both the people and animals of our communities. Sincerely, Graham Brayshaw, DVM Director of Animal Services, Animal Humane Society gbrayshaw @animalhumanesociety.org (763)489-2224 Animal Humane Society, Woodbury c/o Dawn Mathews, Site Manager 9785 Hudson Rd. Woodbury, MN 55125 Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury Telephone 763 522 4325 Page 64 of 122 www.animalhumanesociety.org animal. humane society Animal Humane `society and The City of Oak Park Heights, MN Letter of Understanding for Impound Housing Services 2016 1. Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer(CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: S days in MN, 7 Days in WI or until reclaimed by owner within this holding period. h. AHS will follow internal policy and best practice for unclaimed animals. The City of Oak Park Heights may request and view AHS policies at any time. 2, AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury 1 Telephone 763 522 4325 Page 65 of 122 www.animathumanesociety.org animal humane society 3. The City of Oak Park Heights agrees to: a. Adhere to the drop off procedure set forth by AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of$135 per canine or feline and a $41 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. AHS will charge a $10 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. Fees for animals seized by the municipality (such as rabies quarantine) may vary due to the differing nature of their holding periods and services required. f. Adhere to AHS policy and best practice for unclaimed animals. The City of Oak Park Heights may request and view AHS policies at any time. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. i. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. j. Release AHS from all liability of claims resulting from or related to providing impound housing services. The City of Oak Park Heights accepts responsibility for the CSO/ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing. Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury 2 Telephone 763 522 4325 www.animalhumanesociety.org Page 66 of 122 animal humane society This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. The agreement can be ended at anytime by either party with a 30 day notice. This agreement is entered into on the day of , 2016 by Janelle Dixon, President & CEO Signed on behalf of Municipal Authority Animal Humane Society Printed Name and Title Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury 3 Telephone 763 522 4325 www.animalhu man esociety.arg Page 67 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 68 of 122 . P Oak Park Heights Request for Council Action Meeting Date October 13` 2015 Time Required: 1 minute Agenda Item Title: Approve City Hall Cleanjbg Contract with East Suburban Resources Agenda Placement Consent A n Originating Department/Re est nson, Citv Administrator Requester's Signature Action Requested An��C/City Hall Cleaning Contract with East Suburban Resources Background/Justificatio (Please indicate if any previous action has been taken or if other public bodies have advised): The City's cleaning contractor GCM recently informed the City that it cannot continue with the work at City Hall due to their inability to find staffing that meets certain security criteria.GCM and the City had a relationship for the past 8+and was positive.The City's monthly fee was 5695/month and included two weekly cleanings of the City Hall areas and once weekly cleaning of the Police Department. Prior to the City reaching out to alternative cleaning contractors,Staff did contact the local firm East Suburban Resources which employs local persons with adults with disabilities to perform various tasks.ESR has performed work for Washington County in a similar capacity for many years as well as the St.Croix Rec—Sports Complex (DOME)and the feedback from these two entities was generally positive. Process-wise, ESR assigns a few individuals to perform the required cleaning but which are always supervised by a job coach when on site.ESR crews arrive together and leave together. Attached is a proposed"DRAFT'contract that would outline the required cleaning elements to be fulfilled and is the same list as performed by GCM.The rate per month is estimated to be+/-$450,The sAntract can be terminated by either party with 30 days written notice. Staff would recommend the approval of the enclosed agreement subject to final approval of the City Administrator and City Attorney (enclosed is additional information on East Suburban Resources) Page 69 of 122 ESR INC. OPERATING AGREEMENT This Agreement, is made and entered into this day, by and between and EAST SUBURBAN RESOURCES, INC., 1754 WASHINGTON AVENUE, STILLWATER, MINNESOTA 55082 (herein after ESR) and the City of Oak Park Heights, a municipal corporation. WITNESSETH WHEREAS, CITY OF OAK PARK HEIGHTS is in need of contract labor services for general facility cleaning at the Oak Park Heights City Hall and Police Department. WHEREAS, ESR represents that ESR is qualified and willing to furnish these services, and, WHEREAS, CITY OF OAK PARK HEIGHTS wishes to purchase these services from ESR, Now, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: I TERM OF AGREEMENT The term of this is an indefinite term Agreement which begins on October 2015 this contract for services may be terminated by either party at any time, with or without cause, by giving a thirty (30) calendar day written termination notice to the other party. If the termination notice is given by mail, then the thirty (30) days will commence on the date the written notice is received.A formal evaluation/review involving both parties will be conducted within the first thirty (30)days of this agreement's fulfillment and at least quarterly thereafter. Any remaining services or fees payable shall be prorated to the nearest date of last service. Services under this contract shall commence effective the week of October , 2015. 11, SERVICES ESR staff will perform the cleaning services for the City Hall and Police Department. Such cleaning services for each "Per Clean" include general cleaning of all internal public and office areas, bathrooms, meeting rooms, kitchens, locker rooms, break-rooms and offices, including dusting, vacuuming, sweeping, mopping, bathroom cleaning, general cleansing, etc., but not including window washing. The City Hall areas shall be cleaned on Tuesday and Thursday mornings commencing not later than 10:00 am, The City Hall includes ALL areas of the main floor(upper) that are not secured by the Police. The Police Department(including lower level locker rooms) shall be cleaned on Thursday mornings commencing at 8:30 AM. The Contactor shall provide all necessary staff, equipment and materials to complete the work listed herein. (City shall provide paper goods for dispensers and hand soap) Page 70 of 122 Ill. PLACE OF WORK&STAFFING It is understood that the Contractor services will be rendered entirely at the Oak Park Heights City Hall and Police Department, 14168 Oak Park Blvd, Oak Park Heights, MN, 55082. ESR hereby contracts with CITY OF OAK PARK HEIGHTS to fumish necessary "crew" (minimum of three persons, plus a job coach) to perform various tasks (see attached) The ESR crew will work TWO days per week, approximately from 10 AM to 12 PM, on Tuesdays and from 8:30 AM to 12PM on Thursdays. Days of exception will only be those necessitated by acts of God and the observed holidays recognized by ESR (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Thanksgiving Friday, Christmas Eve and Christmas Day). If a recognized holiday falls on a Saturday or Sunday, the proceeding Friday or the following Monday will be designated as the holiday. If less than a two-week written notice request for holiday services is given, ESR cannot guarantee coverage, and if the service is available, it will be billed at double time. Additionally, ESR will provide the workers and sufficient training and on-site supervision to perform its obligations hereunder. No work shall be completed without the job-coach on-site and supervising such crew. IV. COMPENSATION CITY OF OAK PARK HEIGHTS shall pay ESR at the total rate of$4501 month. Any alterations or adjustments of this contract will be subject to the mutual agreement of both parties hereto with a written amendment. ESR will invoice monthly, and CITY OF OAK PARK HEIGHTS will pay such invoices within thirty (30) days net basis from receipt. All invoices will be prepared in sufficient detail for CITY OF OAK PARK HEIGHTS to reconcile the invoices with the daily time records kept by ESR. Payment not received within 30 days of invoice will be assessed a 1.5% per month finance charge. A$15.00 service charge will assessed for all returned checks Payment by CITY OF OAK PARK HEIGHTS will be made out to the order of ESR, Inc. and submitted to the offices at 1754 Washington Ave., Stillwater, MN 55082. V. INDEPENDENT CONTRACTOR It is agreed upon by both parties that at all times and for all purposes hereunder, ESR and its employees are independent contractors and not employees of CITY OF OAK PARK HEIGHTS. ESR agrees to indemnify and hold harmless from and against any claims by ESR employees, including but not limited to, Workers Compensation claims, unemployment benefits and claims as a result of the Americans with Disabilities Act ESR shall provide all necessary and appropriate insurance(s) for the benefit of its employees and site supervisors. Proof of insurance shall be provided prior to the commencement of any actual on-site 2 Page 71 of 122 work. Prior background checks will be required for all crew members and job staff and must meet the security requirements as defined by the Chief of Police. ESR employees shall provide any and all documents and completed forms as reasonably required by the Chief of Police to fulfill this provision. Vl. REQUIREMENT OF WRITTEN AMENDMENTS Any and all alterations, amendments, deletion or waivers of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing and duly signed by the parties. VII. ENTIRE AGREEMENT It is understood and agreed upon by the parties that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this Agreement is the only and complete Agreement regarding the subject hereof. IN WITNESS WHEREOF, the parties have hereunto set their hand and/or sea[ this day and year above written City of Oak Park Heights EAST SUBURBAN RESOURCES, INC. Owner/Manager Ed Boeve Executive Director (Date) (Date) Page 72 of 122 ESWEmployment & Services for Adults with Disabilities HC)IiE WHO WE ARE CALENOAP HELP CHANCE LIVES - CRHR5 CONTACT M SU51�,ESS PARTNERS Our Philosophy ESR believes that alt people have the right to share equaLy in all aspects of community Je- CARF Accreditation Tie:as z'.c'ESR!c r0ces i5:o L-cMde-.,-e sppc-t lezessx -or i-C:v d.j nz"o.;%e, PrikarhHPAA Statement .ear,a i I reutato e n, of nit,[i't Expe. c'fere�'-'I -I ESR —e c-,-g wiThin the cor-.-nurjry. Board ofDirectos-BiTclers'SeLect-ChDre Services-DTH Services-Resources-Team ESR will foster and promote the exercise of the right to seLf de:emra-ion of all peop:e, Councit p5peda.-,tncse.-.i--,nj abil.:--`es und 5pe6K needs.To these ends,ESR endorses the I`QILO•ilg concepts in order of importance: Empowermem CCCISL-ers,:rei"fan s aiz,XIE-7 t7e ChCCH-SIC)L,.:be-M ,-Ac sicr rakers in tie and de.iverj C'SL ESR'v,'L promote the right -Esen:E�ti. -s of .)'ccrsL,r.err a,�c.re"r rEx to c�ccze services aid the 1)rc,,.-,Ie :nose services. Integration Services pro%ccd by ESR should enhance an integ-zteb lifestyle.Each Co')5_Te-S'CL C kno'Ar and be known within their CCI- •LII:y as defined by them.Each person 51,LLc havE azCPSE"3 CCM.�vqi-,�resources a%aitable to citizens anc tC regular ;I!rso—�lollr�ict,%i-)I 1'r'I-e c-rrr-, :,,,,%-c ar pai:t ca-eg%e- Ec3io-ric L--a i%ccaricia.)rog-arrs vJL.be P.R'vael'and ce,. E-E� n a raiser erna,cez'7e p3s--oi o-Ec tle ura-rEzers or:r'E concepts ed Agave Our p—c'eat approach is to provide errptcy.-rei-I opperru-iities either as an idepeRdent position with an employer or as part of an ernpLoyea crew member. Retum to too of page Copyright Q 2015-Agercv Therne on Gerau;s Framework WordPrfss Log in Page 73 of 122 ES- Employment & Services for Adults with Disabilities HOME OUR Pi-ILQSDPH`s GALE ND4R HELP CHANGE WIVES BUSINESS PARTNERS CAREERS CONTACT ESR Who We Are Employment&Services for Adults with Disabilities CARF Accrokarion ESR formerly East Sub.;rban Resources}is a private ror7-o=it acer.cr scp:^_-ir:e adults Pivaq!HIPAAStatement W ^ C,seDC[tie5 a^C tither s2eua,reeds by helping tree,irtegmte into the Larger community and gain meanirg`ut employment. Board of Directors-Biraers'Select-Chore Since 1964,ESR ha<-served consumers in d': :u :-_snip;with Services-DTH Services-Resources-Team area bwine_ze;,schccL aid goner Tent _-• : -1,21 Council reside­of St.Croix i.%., - - _.rson'a-s,%E carve to atmcrst 504 each year. ESR Locations • Stillwater Prc_ t=1,1754 Washington Ave.,Stitivrater,MN 55082,(65 1) 351-0190 • Forest Lake Program Center,744 Hest Broadway Ave.,Forest Lake,MN 5 502 5,(651) 4645137 • Nev.Richmond Program Center,1525 North 4th St.,New Richmond,W'I 54017,(715) 246-029 • Oakda'.e Program Center,7600 Third St.N..Suite E00,Qakdale,MN 55128,(651}379- 1896 • Wes,Pointe Program Center,8619 W.Point Douglas Rd,Cottage Grove,MN 55016, _'449-2038 Our Guiding Principles Each individuat'tas value. • Every individual should be treated with dignity and respecs_ • Every indmiluaL is capable of grow'th and leashing through community experiences. • Every individual has the,right to expe-9er:ce li`e and participate in activities in the most natura-seslr,gs through,•a,at=_.e adapta*_ic^s are necessary. • Every individuaLshou;d he an active and visible participant in his/her communit-y. • Every individual has the right,and should have the opportunity,to be the primary decision maker in his/her Life Annual Repotls: ■ ESR's 2013 AnnuaL Report ESR Newsletters: • =aLL 2014 NewsLetter • Spring 2014 Newsjetter Page 74 of 122 s Oak Park Heights Request for Council Action Meeting Date October 13"' 2415 Time Required: 1 minute Agenda Item Title: STANTEC Street Agreements—Addendum#2 Agenda.Placement Consent A e a Originating Department/Requ tar Johnson, Ci Administrator Requester's Signature Action Requested A _ rov ddendum#2 with STANTEC for Street Reconstruction Engine$6ng Services. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo. Page 75 of 122 O 4 • City of Oak Park Heights 14168 Oak Park Blvd. N•13ox 2007.Oak Park Heights.MN 55082*Phone(651)439-4439*Fax(651)439-0574 October 9,2015 MEMO TO: Mayor and City Council a be FRAM: Eric Johnson,City Ad in a or RE: STANTEC Street Recons ction ree is-;;Addendum#2 The City has an comprehensive agreement with STANTEC for planned items related to the 2014-2015 Street Reconstruction and totals $1.25 million dollars. This was approved by the City Council on 1/14/14, That agreement covered all aspects of pre-design, design, feasibility, surveying, project management, provision of as-builts/GIS documentation and close-out. (This Agreement-defined as Addendum#1) also attached hereto) Items that such Agreement did not generally cover were project additions, such as change orders that were not inclusive of the initial design scope. STANTEC may request additional compensation for such work as the City may seek credits for work not completed or deleted. To date the City has approved only a few alterations beyond the initial scope and includes the following list below - totaling $22,097 in additional services or +/- 1.77% change in Agreement Costs due to City requested actions 1 deletions. CITY ENGINEERING/CONSTRUCTION MGMT COSTS-2014&2015 Street Reconstruction Base Agreement with Stantec-Jan 2014 $ 1,2S0,000.00 Scope Change 1 Stagecoach Watermain $ 11,420.00 Scope Change 2 Watermain(Alt##2 w/Hardrives) $ 4,760.00 Scope Change 3 Valley View Park-Entrance (Alt##1 with Hardrives) $ 6,290.00 Scope Change 4 Valley View Park-Parking Area(Alternate w/A1) $ 3,751.00 CREDITfor Area D-Deletions 6Sth,Ozark,Etc. (Stantec completed design) $ (4,114.00) Total Engineering Servcies w/City Direct Actions $ 1,272,097.00 Difference from initial Agreement $ 22,097.00 %Difference from initial Agreement 1.77% STAFF would recommend the approval of the Addendum #2 which addresses these supplemental items added 1 deleted by the City over the last two construction seasons. Please note this Addendum#2 does not deal with the matters related to items resulting from liquidated damages andfor the Oren Ave. water main project Page 76 of 122 StanteC PROFESSIONAL SERVICES AGREEMENT ADDENDUM #2 Attached to and forming part of the PROFESSIONAL SERVICES AGREEMENT ADDENDUM #1 (SEE ATTACHED), BETWEEN: CITY OF OAK PARK HEIGHTS, MINNESOTA (hereinafter called the "CITY") -and- STANTEC CONSULTING SERVICES INC. (hereinafter called the "Engineer") This project specific addendum modifies PSA Addendum #1, for the Oak Park Heights 2014 - 2016 Street Reconstruction Project(hereinafter called the "Project")., areas B,C, D & E as identified on Figure 1 of the Feasibility Report prepared in October, 2013. Due to circumstances not foreseen prior to the signing of Addendum #1, the following modifications have been agreed upon between the CITY and the Engineer: Modifications: 1. Engineering Extra Services- for the following tasks performed in 2014 (also see attached correspondence dated June 17, 2015): a. Task 1 -Water main Improvements along Stagecoach Trail b. Task 2-Water main Improvements between Stagecoach North and Perkins Ave c. Task 3-Valley View Park Entrance Reclaim and Overlay d. Total Additional Fee: $22,460. 2. Alternates 1 and 2 - Valley View Parking Lot-includes the preliminary design for bidding, final design and construction services associated with the Alternate. See attached cost estimate. a. Total Additional Fee: $3,751. 3. Alternates 3, 4,5 and 6-includes modifying the bidding documents (plan set and bid form) to incorporate the named Alternates. Also includes the savings in reduction of construction observation due to omission of parts or all of four streets. See attached cost estimate. a. TotaE Additional Fee: -$4,114. Total Addifional Fee to be added to the Lump Sum of$1,250,000 is: $22,097.00 Page 1 of 2 Page 77 of 122 Stantec PROFESSIONAL SERVICES AGREEMENT' ADDENDUM #2 Unless there is a further alteration as agreed to in writing between the CITY and the Engineer, this agreement shall prevail throughout the course of the Project and such terms shall supersede the November IV - 1999 Agreement and PSA Addendum #1. CITY OF OAK PARK HEIGHTS STANTEC CONSULTING SERVICES INC. Dr. Eric Johnson, AICP Lee M. Mann, P.E., Principal City Administrator Page 2 of 2 Page 78 of 122 ® Stantee PROFESSIONAL SERVICES AGREEMENT ADDENDUM #1 Attached to and forming part of the PROFESSIONAL SERVICES AGREEMENT, DATED NOVEMBER 18, 1999, BETWEEN: CITY OF OAK PARK HEIGHTS, MINNESOTA (hereinafter called the "CITY") -and- STANTEC CONSULTING SERVICES INC. (hereinafter called the "Engineer") This project specific addendum revises Section 3 of the AGREEMENT, City's Payment to Engineer, for the Oak Park Heights 2014 -2016 Street Reconstruction Project(hereinafter called the "Project")., areas B, C, D & E as Identified on Figure 1 of the Feasibility Report prepared in October,2013 (Attachment"A"). The Engineer and the CITY agree on a lump sum, not to exceed fee of$1,250,000.00, to the CITY for engineering expenses related to the Project including the following elements consistent with past practices including: Feasibility, Preliminary Surveying/Field Investigation, Design and Bidding, Construction Observafion/Management, Surveying, Creating and Providing Record Plans/Base Map Updates; (not including third-party testing or permit fees). General Scope of Engineering Services to be Provided: 1. Feasibility-includes creating a report identifying the project areas,the type of improvements required, the cost for those improvements, and how the City could fund the improvements. 2. Preliminary Surveying/Field Investigation-includes preliminary surveying, and field investigation for sanitary and storm sewer; and sanitary sewer televising review and coordinate any third party testing in order to determine needed improvements. 3. Design and Bidding -includes the design and bidding of street reconstruction, water main replacement, storm sewer rehabilitation,sanitary sewer rehabilitation,and sanitary sewer lining, 4. Construction Observation/Management - includes the construction observation of street reconstruction and utility improvements; quantity record keeping; daily observation reports; testing reports; and general project coordination with the contractor, residents, and businesses; working with the City to address deficiencies and/or securing data necessary should the contractor be in violation of the contract up to and including removal and securing performance from the Project security. 5. Surveying - includes water main, storm sewer, and street staking; record plan surveying following improvements. 6. Creating and Providing Record Plans/Base Map Updates-includes providing an electronic (.pdf) copy of the record plans,and completion of AutoCAD base map updates to all improved utilities.Shape files of the utilities and roadway surfaces will be provided to the City and which shall also include X-Y-Z dimensions and data labels The listing above constitutes what is generally anticipated with a project of this magnitude and the parties agree that this list is not exhaustive. Unique deviations shall be promptly communicated to the other party for consideration for costs increases or reductions outside this General Scope. Page 1 of 2 Page 79 of 122 5 Stantec PROFESSIONAL SERVICES AGREEMENT ADDENDUM #1 In addition,the following considerations shall prevail: • Progress payments will be made by the CITY to the Engineer based on relative progress and/or completion of each phase listed above. • Should the CITY or the Engineer discover circumstances that could be wholly unanticipated with a project of this type and would cause expense or cost savings, both parties agree that the other may request additional compensation or cost reductions; any such requests must be made promptly and with detailed supporting documentation provided: • In the event the CITY would request additional work that will result in a substantial change in design or project scope,Stantec may request additional compensation from the CITY. • In the event the CITY project is altered to reduce construction costs by more than 10% (due to one or a combination of total design changes) the CITY may request cost reductions from the Engineer. • In the event the City project is delayed,and work cannot be completed by the end of 2016. Unless there is a further alteration as agreed to in writing between the CITY and the Engineer, this agreement shall prevail throughout the course of the Project and such terms shall supersede the November 18111.1999 Agreement or any subsequent amendments. f CITY OF K PA GHTS STANTEC CONSULTING SERVICES INC. D ./is 10 nson, AICP Cry Ad inistratar Christopher W. Long, P.E., f Michael Kennedy, P.E., Vice Presidem Page 2 of 2 Page 80 of 122 t Oak Park Heights Request for Council Action Meeting Date October 1P, 2015 Time Required: 1 Minute Agenda Item Title: Approve MS4 Permit Assistance A Bement with STANTEC Agenda Placement Consent Agenda Originating Department/Reciue r on Citv A ator Requester's Signature Action Requested A rov 4 Permit Assistance Aereement with STANTEC. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City is required to comply with the Municipal Storm Sewer System(MS4)requirements as issued by the Minnesota Pollution Control Agency.For this compliance two ACTIONS must be completed with ACTION 1 being due in April 2016 and ACTION 2 roughly 12 months after submission of ACTION 1 to the MPCA.As these elements are technical in nature the City Engineer is best suited to perform the required tasks.At this time Staff is recommending in the approval of the attached agreement with STANTEC for$7,800 that completes the required ACTION 1 items. This project is funded in the 2016 Proposed Budget. Please see the enclosed summary proposal from STANTEC and a short background about what MS4 generally consists o£ Page 81 of 122 October 8,2015 Eric A.Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd N P.O. Box 2007 Oak Park Heights,MN 55082 Reference:MS4 Stormwater General Permit Assistance Scope of Services Dear Eric, The purpose of this letter is to provide the City of Oak Park Heights with a scope of service proposal to assist the transition of the City in becoming a Municipal Separate Storm Sewer System(MS4)City and to meet the submittal requirements of the new MS4 permit issued by the Minnesota Pollution Control Agency(MPCA). Background On October 20,2014,the MPCA sent a letter to the Honorable Mary McComber informing the City of Oak Park Heights that it has been identified as a new MS4 City.With this action,all new MS4s must complete a set of tasks and prepare a set of submittals to the MPCA to meet the MS4 permit requirements within 18 months of the date of notice. It is our opinion that the process for Oak Park Height's compliance with the MS4 permit should be broken into two actions:Action 1 should proceed immediately,and Action 2 can proceed as early as once Action 1 is submitted. Each part is described below. MS4 Permit Compliance—Action 1 Action 1 involves the submittal of the MS4 Permit Application Form and Stormwater Pollution Prevention Program(SWPPP)Document to the MPCA.The Application Form and SWPPP Document are provided in a 13-page form(attached for reference)from the MPCA that each permittee must complete by the date designated by the MPCA.The City of Oak Park Heights is required to submit the completed form by April 20,2016.This effort will complete Action 1.A scope and estimated cost to assist the City with completing Action 1 is provided in subsequent sections of this letter, Please note that the SWPPP is a set of legally enforceable commitments on the part of your City describing how you will manage stormwater in your jurisdiction.Therefore,it must be prepared with care. Design vJth co mmurVt in m i d Page 82 of 122 October 8, 2015 City of Oak Park Heights Page 2 of 5 Reference: MS4 Stormwater General Permit Assistance Scope of Services MS4 Permit Compliance—Action 2 With the submittal of Action 1 to the MPCA,MS4 Permit Compliance Action 2 can proceed.After the application form and SWPPP Document are submitted(_Action 1),the City can expect the following: 1. MPCA staff will review your submittals and issue a preliminary approval.They may wish to work with you during this review if they believe your submittals need to be revised. 2. The MPCA's preliminary approval and your submittal materials will be released for statewide public notice and comment.The comment period will probably be 3o days. 3. MPCA staff will review and respond to any comments submitted during the statewide public notice and comment period.They may wish to work with you during this review if they want you to respond to comments or they believe your submittals need to be revised. 4. The MPCA will issue a final approval,and you will receive a written notice of final approval of your application from the MPCA Commissioner.The date of this letter will be the date that coverage under the new MS4 general permit is extended to your City. Once this acceptance procedure is complete,the City will have 12 months after the date of permit coverage extension(see#4 above)to fully comply with the new permit requirements.The process of full compliance with the new MS4 permit requirements is considered Action 2 of MS4 Permit Compliance.As mentioned above,Action 2 can begin once Action 1 is submitted to the MPCA and must be completed within 12 months of the date of permit coverage extension.The scope of Action 2 will be identified through the completion of Action 1 and will be provided to the City at a later date. MS4 Permit Compliance Action 1—Scope of Services The scope of services to assist the City in completing Action 1 of the MS4 permit compliance is divided into three tasks,as described below.A detailed breakdown of each task is provided in the attacbed scope of services and estimated cost table. Task x: MS4 Permit Application and SWPPP Document Preparation This task will include an inventory and evaluation of the City's existing stormwater management program,identifying the Best Management Practices(BMPs)the City currently uses,a review of regulatory mechanisms,and an evaluation of partnerships with the Valley Branch Watershed District,Brown's Creek Watershed District,and other entities.Following these efforts, Stantec will fill out the MS4 Permit Application Form and SWPPP Document for the City to review. Task 2:Meetings We propose two meetings with City staff to complete Action 1.The first meeting will be a kickoff meeting to discuss the scope of Action 1 and determine responsibilities to complete various r:\client\municipal\nak_park_heights_ci_mn\stOr hater\ms4\2ot5\swppp proposal scope and budget\oph_nisq implernentation_.:upe_151008.ducx Page 83 of 122 October 8, 2015 City of Oak Park Heights Page 3 of 5 Reference: MS4 Stormwater General Permit Assistance Scope of Services components of Action i.The second meeting will be a pre-submittal meeting with the City to review the draft Application Form and SWPPP Document prepared by Stantec. Task 3: Prepare]List of Required Tasks to Complete Action 2 As we are proceeding with Task 1 as described above,we will be noting various items that the City must address following the submittal of the Application Form and SWPPP Document.We will create a list of required items along with a description,proposed schedule,and preliminary cost estimate for Stantec to prepare the items.From this list,we could then work with the City to determine how to proceed with each of the items. MS4 Permit Compliance Action 1— Proposed Fee We propose a total estimated fee not to exceed$7,800 to complete Tasks 1-3 for Action 1. This is to include all work necessary to complete Tasks 1-3 of Action 1 and miscellaneous expenses related to preparing the above referenced Application Form and SWPPP Document.Please refer to the attached Scope of Services— MS4 Stormwater General Permit Submittal for a more detailed breakout of Tasks 1-3. As mentioned above,Task 3 will provide the City with a list of tasks,proposed schedule,and an estimated Stantec fee to complete the items in Action 2 to bring the City into full compliance with the new MS4 permit. MS4 Permit Compliance Action i—Schedule The due date of April 20Ut,2015 for completing the above tasks has been outlined in the Notice of Regulatory Requirements for the City of Oak Park Heights under the National Pollutant Discharge Elimination System/State Disposal System Stormwater General Permit for Municipal Separate Storm Sewer Systems better sent to the City on October 20,2014 by the MPCA.Stantec proposes the following timeline to undertake the tasks. Task Proposed Start Date Kickoff Meeting October 14, 2015 Task 1: MS4 Permit Application and SWPPP Document Preparation October 14,2015 Pre-submittal Meeting/Finalize SWPPP document December 8, 2015 Task 3: Prepare List of Required Tasks to Complete Action 2 December 15,2015 r:\gent\m, ==pal\oak_park_heights_ui_mn\stormwater\ms4\2ot;,\sappp proposal scope aid budget\oph_ms4 implementations ope_t5toa8.dmx Page 84 of 122 October 8,2015 City of Oak Park Heights Page 4 of 5 Reference: MS4 Stormwater General Permit Assistance Scope of Services Conclusion Services will be provided in accordance with the most current Professional Services Agreement between Stantec and Oak Park Heights.If this proposal is acceptable to the City,please sign and return one copy for our records as indication that we are authorized to proceed with the services discussed in this proposal.We are prepared to begin work on the tasks upon authorization as our schedule indicates,and look forward to continuing our working relationship. The tasks outlined above will be prepared by or under the supervision of Tyler Johnson. If you have questions about any of the information contained in this letter,please contact Tyler directly.We appreciate the opportunity to continue to provide MS4-related services to the City of Oak Park Heights. Regards, Stantec Consulting Services Inc. Tyler K.Johnson, P.E. Project Manager Phone:651-604-4767 tyler.johnson@stantec.com c.Lee Mann,Stantec Dan Edgerton,Stantec r:\client\municipal\oak_park_heights_ci_mn\stormwater\m,4\2o15\skppp proposal scope and hndget\oph_ms4 implementation—scope t5roos.doex Page 85 of 122 October 8,2015 City of Oak Park Heights Page 5 of 5 Reference: MS4 Stormwater General Permit Assistance Scope of Services STANTEC ACCEPTED BY CLIENT: Print Name By Sign Name yier Johnson, Project Manager Date 10/8/2015 Date Y Dan Edgerton, Senior Associate Date 10/812015 r:\client\municipal\oak_park_heights_ei_mn\stnrmwater\msq\2oi5\swppp proposal scope and budget\oph_msq implementa[ion_sc:ope_i,ioo8.dcex Page 86 of 122 Scope of Services- MS4 Stormwater General Permit Submittal July 21-2015 Stantec Required Tasks Estimated Comments Hours Task t:MS4 Permit Application and SWPPP Document Preparation a. General Contact Information 2.0 Fitt out general contact information section b- identifying Partnerships(Section q 2 0 City to provide Stantec with partnership documentation showing partnership history and the MCMs involved in the partnership Review the City's regulatory mechanisms for illicit discharges,construction site stormwater c. Description of Regulatory Mechanisms(Section II) 16,0 runoff control,and post-construction stormwater management,and provide appropriate documentation.A task list and schedule will be developed to update the City's existing regulatory mechanisms to address deficiencies in meeting permit requirements. d_ Enforcement Response Procedures(ERPs)(Section lit) 4.0 Provide a task list and schedule to complete this permit requirement.Discussion with City staff will be necessary to develop a task list and schedule. Review the City's storm sewer system map and inventory to see 4 it meets the permit e. Storm Sewer System Map and inventory(Section IV) 2.0 requirements.A task list and schedule will be developed for any deficiencies in meeting permit requirements. f. MOM 1:Public Education and Outreach(Section V.A) 2.0 Review and describe the City's current public education and outreach program efforts_Consult with the City to identify additional program efforts necessary for permit compliance. g. MGM 2:Public Participation and Involvement(Section V.B) E2.O Review and describe the City's current public participation and involvement program efforts. Consult with the City to identify additional program efforts necessary for permit compliance. h_ MOM 3:Ellic i Discharge Detection and Elimination(Section V.C) Revi ew and describe the City's current illicit discharge program efforts.Consult with the City to identify additional program efforts necessary for permit compliance. Review and describe the City's current construction site stormwater nrnoff control program i. MCM 4:Construction Site Starmwater Runoff Control(Section V.D) 2.0 efforts.Consult with the City to identify additional program efforts necessary for permit lcorn fian eview and ce.describe the City's current post-construction stormwater management program j. MOM 5:Post-Construction Stormwater Management(Section V.E) 2.0 efforts_Consult with the City to identify additional program efforts necessary for permit 1comoliance. k MOM 6:Pollution Prevention/Good Housekeeping for Municipal Operations 2 0 Review and describe the City's current pollution prevention/good housekeeping program efforts. (Section V.F) Consult with the City to identify additional program efforts necessary for permit compliance. I. Compliance Schedule for TMDLs with an Applicable WLA(Section VI) 4.0 Fill out the MS4 Permit Total Maximum Daily Load(TMDL)attachment spreadsheet,including identifying future BMPs to address the TMDL Wasteload Allocation. Task 2:Meetings a. Kickoff meeting with City staff to discuss the MS4 application 6.0 Meeting held prior to filling out the application to get information from the City and assign tasks (2 Stantec employees 10 attend) Pre-submittal meeting with City staff to discuss the MS4 application and any If the City does not have certain permit requirements completed at the time of submittal, b. additional tasks and task schedules necessary to meet the permit 6.0 specific tasks and a schedule must the provided in the application to address the requirement(2 requirements Stantec employees to attend) Task 3:Prepare List of Required Tasks to Comptete Action 2 Prepare an itemized list of tasks,including a proposed completion schedule a_ and preliminary cost estimate,to bring the City into compliance with the e new MS4 permit Estimated Hours 62.0 Estimated Stantec Labor Cost $7,690 Assume a billing rate of$124)hour Reimbursable Expenses $110 Mileage to attend meetings and printing costs Total Proposed Fee to Complete Action 1 is Not to Exceed $7,800 Page 87 of 122 Minnesota Pollution part 2 Application for Control Agency 520 Lafayette Road North MS4 General Stormwater Permit 5t.Paul,MN 55155-4144 Authorization to discharge Stormwater associated with small Municipal Separate Storm Sewer Systems (MS4) Stormwater Pollution Prevention Program (SWPPP) Document Doc Type; Permit Application Instructions: Submitting this application confirms your intent to receive authorization to discharge stormwater under the National Pollutant Discharge Elimination System/State Disposal System(NPDES/SDS) MS4 General Stormwater Permit(MNR40000). Submittal: This MS4 SWPPPApplication for Authorization form must be submitted electronically via email to the MPCA at ms4permitprogram.pca,aestate.mn.us from the person that is duly authorized to certify this form.All questions with an asterisk(")are required fields. All applications will be returned if required fields are not completed. Questions: Contact Rachel Stangl at 651-757-2879 or rachel.stan I state.mn.us, Cole Landgraf at 651-767-2880 or cole.land_raf__state mn.us, or call toll-free at 800-657-3864. General Contact Information (*Required fields) MS4 Owner(with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: *County: (City,county, municipafity, government agency or other entity) *Mailing address: *City: *State: *Zip code: *Phone(including area code): *Email: MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: *First name: (Department head, MS4 coordinator, consultant, etc.) *Title: *Mailing address: *City: *State: *Zip code: *Phone(including area code): *Email: Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: First name: (Department head, MS4 coordinator, consultant, etc.) Title: Organization: Mailing address: City: State: _ Zip code: Phone(including area code): Email: Verification 1. I seek to discharge stormwater associated with a small MS4 after the effective date of this Permit,and will submit this MS4 SWPPP Application for Authorization form, in accordance with the schedule in Appendix A,Table 3, and completed in accordance with the Permit(Part II.D.). El Yes 2. 1 have read and understand the NPDESISDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. ❑ Yes www.pca.state.mn.us 651-296-6300 800-657.3864 TTY 651-282-5332 or 800-657-3864 • AvaitabteRagE1tMrcEftt22 formats wq-strm4-49t • 219115 Page t of 13 Certification ❑ Yes-f certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information submitted. I certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat. §§7001.0070 and 7001.0540.The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name below, I certify the above statements to be true and correct,to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: (This document has been electronically signed) Title: Date(mm/dd/yyyy): Mailing address: City: _ State: Zip code: Phone (including area code): Email: (Vote: The application will not be processed without ceffification. www.pca.state.mn.us • 651-296-6300 800-657-3864 TTY 651-282.5332 or 800.657-3864 • AvailableRA904"ti%aRformats wq-strm4-491 • 1/9115 Page 2 of 13 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s)with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. ❑ No partnerships with regulated small MS4s If you have more than five partnerships, use the tab key after the last line to generate a new row. Name and description of partnership MCM10ther Hermit requirements involved B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document. II. Description of Regulatory Mechanisms: (Part ILD.2) A. Illicit discharges For guidance refer to the U.S.Environmental Protection Agency's(EPA) Model Illicit Discharge and Connection Ordinance (found on EPA website at http:/l water.epa.g ov/palwaste/npdes/swbmpllliicit-Discharge-Detection-and-Elimination.cfm). 1. Do you have a regulatory mechanism(s)that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit(Part III.D.3.b.)? ❑Yes ❑ No a. If yes: 1) Check which type of regulatory mechanism(s)your organization has(check all that apply): ❑ Ordinance ❑ Contract language ❑ Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: 2) Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form. Additionally, if your regulatory mechanism is an ordinance or a rule, provide a citation. Citation: Direct link: ❑ Check here if attaching an electronic copy of your regulatory mechanism. b. If no: Describe the tasks and corresponding schedules that will be taken to ensure that,within 12 months of the date permit coverage is extended,this permit requirement is met. www.pca.state,mn.us • 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • AvailableRagdldOrfdtl\22formats wq-strm4-491 • 219115 Page 3 of 13 B. Construction site stormwater runoff control 1. Do you have a regulatory mechanism(s)that establishes requirements for erosion and sediment controls and waste controls? ❑ Yes ❑ No a. If yes: 1) Check which type of regulatory mechanism(s)your organization has(check all that apply): ❑ Ordinance ❑ Contract language ❑ Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: 2) Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form. Additionally, if your regulatory mechanism is an ordinance or a rule, provide a citation: Citation: Direct link: ❑ Check here if attaching an electronic copy of your regulatory mechanism. 2. Answer yes or no to indicate whether your regulatory mechanism(s) requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls that is at least as stringent as the Agency's general permit to Associated t^^itf r,0r)strucii01; Activity(CSW Permit) No.MN 8100001 (Part III.D.4.a.(1)-(8)) (Document can be found on the MPCA website at http://www.pca,state.mn.us/wfhva5b : Refer to Satisfying Regulatory Mechaois__? Roouireme_m�s__for Constr�FCtion Site SSt_cr:r,i ater Ranotl Ccntrat in Maoicipal Stormwater Permits for elaboration on each of the eight permit requirements in Part III.DA.a.(1)-(8). (Document can be found on the MPCA website at http://ww%v.pca.state.mn.us/sbiza7c) Note: Your regulatory mechanism may already contain some elements of these items, but it must be at least as stringent as the CSW Permit to check yes. a. Best Management Practices(BMPs)to minimize erosion. ❑ Yes ❑ No b. BMPs to minimize the discharge of sediment and other pollutants. ❑ Yes ❑ No c. BMPs for dewatering activities. ❑Yes ❑ No d. Site inspections and records of rainfall events. ❑ Yes ❑ No e. BMP maintenance. ❑ Yes ❑ No f. Management of solid and hazardous wastes on each project site. ❑ Yes ❑ No g. Final stabilization upon the completion of construction activity, including the use of ❑Yes ❑ No perennial vegetative cover on all exposed soils or other equivalent means. h. Criteria for the use of temporary sediment basins. ❑ Yes ❑ No If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to ensure that, within six months of the date permit coverage is extended,these permit requirements are met: C. Post-construction stormwater management 1. Do you have a regulatory mechanisms)to address post-construction stormwater management activities? ❑ Yes ❑ No a. If yes: 1) Check which type of regulatory mechanism(s)your organization has(check all that apply): ❑ Ordinance ❑ Contract language ❑ Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: www.pcastate.mn.us 651.246-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Availabtef g*tVwAivt2forrrats wq-strrn4-491 • 219115 Page 4 of 13 2) Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form. Additionally, if your regulatory mechanism is an ordinance or a rule, provide a citation: Citation: Direct link: ❑ Check here if attaching an electronic copy of your regulatory mechanism. 2. Answer yes or no below to indicate whether you have a regulatory mechanism(s) in place that meets the following requirements as described in the Permit(Part III.D.5.a.): Refer to the Technical Support Document for the Post-Construction Stormwater Management Conditions in the Gcocral Stormwater Permit fMNH040009)for Small Municipal Separate Storm Sewer Systems for elaboration on each of the five permit requirements in Part III.D.5.a.(1)-(5) (Document can be found on the MPCA website at http://www p state,rin.us/sbizaic) Note: Your regulatory mechanism may already contain these items, but it must be at least as stringent as Permit requirements(Part III.D.5.a.(1)-(5))to check yes. a. Site plan.review: Requires that owners and/or operators of construction activity submit ❑Yes ❑ No site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. b. Conditions for post construction stormwater management: Requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices(e.g., infiltration,evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs,etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable(MEP): 1) For new development projects—no net increase from pre-project conditions(on an ❑ Yes ❑ No annual average basis) of: a) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit(Part III.D.5.a(3)(a)). b) Stormwater discharges of Total Suspended Solids JSS). c) Stormwater discharges of Total Phosphorus(TP). 2) For redevelopment projects—a net reduction from pre-project conditions (on an ❑Yes ❑ No annual average basis)of: a) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit(Part III.D.5.a(3)(a)). b) Stormwater discharges of TSS. c) Stormwater discharges of TP. c. Stormwater management limitations and exceptions: 1) Limitations a) Prohibit the use of infiltration techniques to achieve the conditions for post- ❑ Yes ❑ No construction stormwater management in the Permit(Part III.D.5.a(2))when the infiltration structural stormwater BMP will receive discharges from,or be constructed in areas: i. Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. ii. Where vehicle fueling and maintenance occur. iii. With less than three(3)feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. iv. Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. b) Restrict the use of infiltration techniques to achieve the conditions for post- ❑Yes ❑ No construction stormwater management in the Permit(Part III.D.5.a(2)),without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater,when the infiltration device will be constructed in areas: i. With predominately Hydrologic Soil Group D (clay) soils. ii. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. www.pca.sfate.mn.us 651-296-6300 800-657-3863 TTY 651-282.5332 or 800.657-3864 • AvailabteFFagdM2rtrbilltiQ2formats wq-strm4-491 • 219115 Page 5 of 13 iii. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R.4720.5100, subp. 13. iv. Where soil infiltration rates are more than 8.3 inches per hour. c) For linear projects where the lack of right-of-way precludes the installation of ❑ Yes ❑ No volume control practices that meet the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2)),the permittee's regulatory mechanism(s)may allow exceptions as described in the Permit(Part III.D.5.a(3)(b)).The permittee's regulatory mechanism(s)shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. d. Mitigation provisions: The permittee's regulatory mechanism(s)shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met: 1) Mitigation project areas are selected in the following order of preference: ❑Yes [-] No a) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. c) Locations in the next adjacent DNR catchment area up-stream d) Locations anywhere within the permittee's jurisdiction. 2) Mitigation projects must involve the creation of new structural stormwater BMPs or the ❑ Yes ❑ No retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. 3) Routine maintenance of structural stormwater BMPs already required by this permit ❑ Yes ❑ No cannot be used to meet mitigation requirements of this part. 4) Mitigation projects shall be completed within 24 months after the start of the original ❑ Yes ❑ No construction activity. 5) The permittee shall determine,and document,who will be responsible for long-term ❑ Yes ❑ No maintenance on all mitigation projects of this part. 6) If the permittee receives payment from the owner and/or operator of a construction ❑ Yes ❑ No activity for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). e. Long-term maintenance of structural stormwater BMPs: The permittee's regulatory mechanism(s)shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee,that have been implemented to meet the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2)).This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee's MS4,and that are in the permittee's jurisdiction. The legal mechanism shall include provisions that, at a minimum: 1) Allow the permittee to conduct inspections of structural stormwater BMPs not owned or []Yes ❑ No operated by the permittee, perform necessary maintenance,and assess costs for those structural stormwater 6MPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. 2) Include conditions that are designed to preserve the permittee's right to ensure ❑Yes ❑ No maintenance responsibility,for structural stormwater BMPs not owned or operated by the permittee,when those responsibilities are legally transferred to another party. 3) Include conditions that are designed to protect/preserve structural stormwater BMPs ❑Yes ❑ No and site features that are implemented to comply with the Permit(Part III.D.5.a(2)). if site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in the Permit(Part III.D.5.a(2))continue to be met. If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to ensure that,within 24 months of the date permit coverage is extended,these permit requirements are met: www.pca.state.mn.us • 651.296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Avaitable%gdt&&vAQ2formats wq-strrn4.491 • 2/9/15 Page 6 of 13 III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have written ERPs that satisfy the requirements of the Permit(Part III.B.)for regulatory mechanisms pertaining to illicit discharge detection and elimination, construction site stormwater runoff control,and post-construction stormwater management? ❑ Yes ❑ No If no, describe the tasks and corresponding schedules that will be taken to ensure that,within 24 months of the date permit coverage is extended,these permit requirements are met: IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Storm sewer system map 1. Do you have a storm sewer system map and inventory? ❑Yes ❑ No If yes, what format is it in (e.g., CAD, GIS, physical map)? b. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit(Part III.C-1.a-d), as listed below: a. The permittee's entire small MS4 as a goal,but at a minimum,all pipes 12 inches or greater ❑Yes ❑ No in diameter, including stormwater flow direction in those pipes. b. Outfalls, including a unique identification (ID) number assigned by the permittee, and an ❑ Yes ❑ No associated geographic coordinate. c. Structural stormwater BMPs that are part of the permittee's small MS4. ❑ Yes ❑ No d. All receiving waters. ❑Yes ❑ No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to ensure that,within 24 months of the date permit coverage is extended,these permit requirements are met: B. Pond,wetland, and lake inventory 1. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch. 172. Sec.28:with the following inventories, according to the specifications of the Permit (Part II I.C.2.a.-b.), including: a. All ponds within the permittee's jurisdiction that are constructed and operated for purposes ❑ Yes ❑ No of water quality treatment,stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. b. All wetlands and lakes,within the permittee's jurisdiction,that collect stormwater via ❑ Yes ❑ No constructed conveyances. 2. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. a. A unique identification (ID)number assigned by the permittee. ❑Yes ❑ No b. A geographic coordinate. ❑ Yes ❑ No c. Type of feature(e.g., pond,wetland, or lake).This may be determined by using best ❑ Yes ❑ No professional judgment. If you answered no to any of the above permit requirements for your Pond,wetland, and lake inventory, describe the tasks and corresponding schedules that will be taken to ensure that,within 24 months of the date permit coverage is extended,these permit requirements are met: 3. Answer yes or no to indicate if you are attaching your pond,wetland and lake inventory to the ❑Yes ❑ No MPCA on the form provided on the MPCA website at: hv Wwww.pca.state.mn.uslms4, under the`Permit'tab, according to the specifications of Permit(Part III.C.2.b.(1)-(3)). If you answered no,the inventory form must be submitted to the MPCA MS4 Permit Program within 24 months of the date permit coverage is extended. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Avai table Re gdt@4-aUA2form ats wq-strm4-491 • 219115 Poge 7 of 13 V. Minimum Control Measures (MCMs) (Part 11A 5) A. MCM 1: Public education and outreach 1. The Permit requires that,within 36 months of the date permit coverage is extended, new permittees develop and implement a public education program to distribute educational materials or equivalent outreach that informs the public of the impact stormwater discharges have on waterbodies and focuses on illicit discharge recognition and reporting,as well as other specifically selected stormwater-related issue(s)of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the table for categories of BMPs that you have established and BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA Measurable Goals Guidaiwe for Please it Small MS4s(found on the EPA website at http://water.epa.gov/polwaste/npdes/stormwater/Municipal-Se arate-Storm-Sewer-S stem-MS4-Main-Pa e.cfm). If you have more than five categories, use the tab key after the last line to generate a new row. BMP categories Measurable goals and timeframes for implementation I 3. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: B. MCM 2: Public participation and involvement 1. The Permit(Part III,D.2.a.) requires that, within 36 months of the date permit coverage is extended, new permittees develop and implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: 2. List the categories of BMPs that address your public participation and involvement program, including the distribution of educational materials and a program implementation plan. Use the table for categories of BMPs that you have established and BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed.In addition,provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs.Refer to the EPA's Measurable Goals Guidance{or Please H Small fv1S4s(Document can be found on the EPA website at httt //%vat_er epa.qov/polwaste/npdes/stormwater/Municipal-Sel)arate-Storm-Sewer-System-MS4-Main- i?age If you have more than five categories, use the tab key after the last line to generate a new row. BMP categories — v Measurable goals and timeframes for implementation 3. Do you have a process for receiving and documenting citizen input? ❑ Yes ❑ No If you answered no to the above permit requirement,describe the tasks and corresponding schedules that will be taken to ensure that,within 36 months of the date permit coverage is extended, this permit requirement is met: 4. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: www.pca.state.mn.us • 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • AvaitabteRglcot @fn @tilLZaormats wq-strm4-491 . 219115 Page 8 of 13 C. MCM 3: Illicit discharge detection and elimination 1. The Permit(Part III.D.3.)requires that,within 36 months of the date permit coverage is extended, new permittees develop, implement,and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part IIl.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities ❑ Yes ❑ No conducted under the Permit(Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted during dry-weather conditions(e.g., periods of 72 or more hours of no precipitation). b. Detecting and tracking the source of illicit discharges using visual inspections.The permittee ❑Yes [] No may also include use of mobile cameras,collecting and analyzing water samples,and/or other detailed procedures that may be effective investigative tools. c. Training of all field staff, in accordance with the requirements of the Permit(Part III.D.6.g.(2)), ❑Yes ❑ No in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. d. Identification of priority areas likely to have illicit discharges, including at a minimum, ❑Yes ❑ No evaluating land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. e. Procedures for the timely response to known,suspected,and reported illicit discharges. ❑ Yes ❑ No f. Procedures for investigating, locating,and eliminating the source of illicit discharges. ❑Yes ❑ No g. Procedures for responding to spills,including emergency response procedures to prevent spills ❑Yes ❑ No from entering the small MS4.The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn.Stat.§ 115.061. h. When the source of the illicit discharge is found, ERPs are used as required by the Permit(Part ❑Yes ❑ No III.B.)to eliminate the illicit discharge and require any needed corrective action($). If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to ensure that,within 36 months of the date permit coverage is extended, these permit requirements are met: 3. List the categories of BMPs that address your illicit discharge detection and elimination program, including the distribution of educational materials and a program implementation plan. Use the table for categories of BMPs that you have established and BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase 11 Small MS4s_(found on EPA website at httl)://water.epa. ov/polwaste/npdeslstormwater/Munici_al-Separate-Storm-Sewer-�StC[TI-MS4-Main- Page.cfm). If you have more than five categories, use the tab key after the last line to generate a new row. BMP categories Measurable goals and timeframes for implementation 4. Do you have procedures for record-keeping within your illicit discharge detection and elimination (IDDE) program as specified within the Permit(Part III.D.3.h.)? ❑Yes ❑ No If you answered no, indicate how you will develop procedures for record-keeping of your illicit discharge, detection and elimination Program,within 36 months of the date permit coverage is extended: 5. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: www.pca.state.mn.us • 651-296-6300 • 800.657-3864 TTY 651.282-5332 or 800-657-3864 • Avaitab(et?egot @finafitZ2formats wq-strm4-411 • 219115 Page 9 of 13 D. MCM 4: Construction site stormwater runoff control 1. The Permit(Part III.D.4) requires that,within six months of the date permit coverage is extended, new permittees develop, implement, and enforce, a construction site stormwater runoff control program that reduces pollutants in stormwater runoff to the small MS4 from construction activity with a land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale,that occurs within the permittee's jurisdiction. Describe your current program: 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit (Part I11.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the ❑Yes ❑ No start of construction activity? b. Does the site plan review procedure include notification to owners and operators proposing ❑Yes ❑ No construction activity that they need to apply for and obtain coverage under the MPCA's general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001? c. Does your program include written procedures for receipt and consideration of reports of ❑Yes ❑ No noncompliance or other stomtwater related information on construction activity submitted by the public to the permittee? d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? ❑Yes ❑ No 2) Does your program identify a frequency at which you will conduct construction site ❑ Yes ❑ No inspections? 3) Does your program identify the names of individual(s)or position titles of those ❑Yes ❑ No responsible for conducting construction site inspections? 4) Does your program include a checklist or other written means to document construction ❑Yes ❑ No site inspections when determining compliance? e. Does your program document and retain construction project name, location,total acreage to ❑Yes ❑ No be disturbed, and owner/operator information? f- Does your program document stormwater-related comments and/or supporting information ❑ Yes ❑ No used to determine project approval or denial? g. Does your program retain construction site inspection checklists or other written materials ❑Yes ❑ No used to document site inspections? If you answered no to any of the above permit requirements,describe the tasks and corresponding schedules that will be taken to ensure that, within six months of the date permit coverage is extended,these permit requirements are met. 3. List the categories of$MPs that address your construction site stormwater runoff control program, including the distribution of educational materials and a program implementation plan. Use the table for categories of BMPs that you have established and BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guiclance for Phase 1I Small MS4s (found on EPA website at http:Ilwater epa.govlpolwaste/npdes/stormwater/Municipal-Separate-Storm-Sewer- Svstem-MS4-Main-Page.cfm). If you have more than five categories, use the tab key after the last line to generate a new row. BMP categories Measurable goals and timeframes for implementation 4. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: www.pca.state.mn.us • 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available Ra*tWhatitWorrnats wq-strm4-491 • 219115 Page 10 of 13 E. MCM 5: Post-construction stormwater management 1. The Permit(Part III.D.5)requires that,within 24 months of the date permit coverage is extended, new permittees develop, implement, and enforce, a post-construction stormwater management program that prevents or reduces water pollution after construction activity is completed, related to new development and redevelopment projects with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, within the permittee's jurisdiction and that discharge to the permittee's small MS4. Describe your current program: 2. Have you established written procedures for site plan reviews that you will conduct prior to the start ❑Yes ❑ No of construction activity? 3. Answer yes or no to indicate whether you currently document the following, as required by the Permit(Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit(Part ❑Yes ❑ No III.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? b. All supporting documentation associated with mitigation projects that you authorize? ❑Yes ❑ No c. Payments received and used in accordance with Permit(Part III.D.5.a.(4)(f))? ❑ Yes ❑ No d. All legal mechbnisms drafted in accordance with the Permit(Part III.D.5.a.(5)), including ❑Yes ❑ No date(s)of the agreement(s) and names of all responsible parties involved? If you answered no to any of the above permit requirements, describe the steps that will be taken to ensure that, within 24 months of the date permit coverage is extended, these permit requirements are met. 4. List the categories of BMPs that address your post-construction stormwater management program„ including the distribution of educational materials and a program implementation plan. Use the table for categories of BMPs that you have established and BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase it Small MS4s (found on EPA website at http//water.e a gov/polwast ipdes/stormwater/Municipal-Separate-Storm-Sewer- If you have more than five categories, use the tab key after the last line to generate a new row. BMP categories J_Measurable goats and timeframes for implementation 5. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: F. MCM 6: Pollution preventionlgood housekeeping for municipal operations 1. The Permit(Part III.D.6.) requires that,within 36 months of the date permit coverage is extended, new permittees develop and implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program:. 2. Do you have a facilities inventory of permittee owned/operated facilities, as outlined in the ❑ Yes ❑ No Permit(Part III.D.6.a.),that contribute pollutants to stormwater discharges,which may include, but is not limited to: composting, equipment storage and maintenance, hazardous waste disposal, hazardous waste handling and transfer, landfills, solid waste handling and transfer, parks, pesticide storage, public parking lots, public golf courses, public swimming pools,public work yards, recycling, salt storage,vehicle storage and maintenance yards, and materials storage yards? www.pca.state.mn.us 651-296-6300 80(3 657-3864 TTY 651-282-5332 or 800-657-3864 • Available Rdgfttgi*0ti�formats wq-strm4-491 • 2/9/15 Page f f of 13 If no, describe the tasks and corresponding schedules that will be taken to ensure that,within 36 months of the date permit coverage is extended,this permit requirement is met: 3. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program, including the distribution of educational materials and a program implementation plan. Use the table for categories of BMPs that you have established and BMPs that you plan to implement over the course of the permit term, Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA's Measurable Goals Guidance for Phase l!Small MS4s(found on EPA website at http://water epa.gov/polwaste/npdes/stormwater/Municipal-Sepaarate- Storm-Sewer-System-IVI S4-M ain-Pa ge.cfm). If you have more than five categories, use the tab key after the last line to generate a new row. BMP categories ! Measurable goals and timeframes for implementation 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? ❑ Yes ❑ No a. If no, continue to 6. b. If yes, 1) The Minnesota Department of Health (MDH) is in the process of mapping the following items. Maps are available at MDH website at: http.i/,vAvw health.state rrin us,/divs/eh/water/swo/maps/index.htm. Is a map including the following items available for your MS4: i. Wells and source waters for drinking water supply management areas identified ❑Yes ❑ No as vulnerable under Minn. R.4720.5205,4720.5210, and 4720.5330? ii. Source water protection areas for surface intakes identified in the source water ❑ Yes ❑ No assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. §§300j—13? 2) Have you developed and implemented BMPs to protect any of the above drinking ❑Yes ❑ No water sources? If no, describe the tasks and corresponding schedules that will be taken to ensure that,within 36 months of the date permit coverage is extended,this permit requirement is met: 6. Have you developed procedures and a schedule for the purpose of determining the TSS and ❑ Yes [:] No TIP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater,according to the Permit(Part III.D.6.d.)? If no,describe the tasks and corresponding schedules that will be taken to ensure that, within 36 months of the date permit coverage is extended,this permit requirement is met: 7. Do you have inspection procedures that meet the requirements of the Permit(Part ❑ Yes ❑ No III.D.6.e.(1)-(3))for structural stormwater BMPs, ponds and outfalls,and stockpile, storage and material handling areas? If no, describe the tasks and corresponding schedules that will be taken to ensure that, within 36 months of the date permit coverage is extended, this permit requirement is met: www.pca.state.mn.us 651-296-6300 - 800-657-3864 - TTY 651-282-5332 or 800-657-3864 - Avai1abteRecgdt@>a1t&22formats wq-strm4-491 - 219115 Page 19 4f 13 8. Have you developed and implemented a stormwater management training program commensurate with each employee's job duties that: a. Addresses the importance of protecting water quality? ❑Yes ❑ No b. Covers the requirements of the permit relevant to the duties of the employee? ❑ Yes ❑ No c. Includes a schedule that establishes initial training for new and/or seasonal employees ❑ Yes [:] No and recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? If you answered no to any of the above permit requirements,then describe the tasks and corresponding schedules that will be taken to ensure that,within 36 months of the date permit coverage is extended,these permit requirements are met: 9. Do you keep documentation of inspections, maintenance,and training as required by the ❑ Yes ❑ No Permit(Part III.D.6.h.(1)-(5))? If no, describe the tasks and corresponding schedules that will be taken to ensure that,within 36 months of the date permit coverage is extended,this permit requirement is met: 10. Provide the name or the position title of the individual(s)who is responsible for implementing and/or coordinating this MCM: VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA)prior to the effective date ❑ Yes ❑ No of the Permit? Refer to the Master List MS4 Permit TMDL Spreadsheet for a list of MS4s with an approved TMDL with an assigned WLA. 1. If no, continue to section VII. 2. If yes, fits out and attach the MS4 Permit TMDL Attachment. This form is found on the MPCA MS4 website, under the Permit tab: http-//wvAy.pca.state.mr-.us/msa. VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which ❑ Yes ❑ No are regulated by this Permit(Part III.F.)? 1. If no, this section requires no further information. 2. If yes,you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4,then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement with this document. This form is found on the MPCA MS4 website, under the Permit tab: http,//ww,W.pga._s.tate.iiin uslms4. VIII. Add any Additional Comments to Describe Your Program www.pca.state.mn.us 651-296-6300 • ^800-657-3864 TTY 651-282-5332 for 800-657.3864 • AvailabobobatW64tp2g formats wq-strm4-49( • 219115 Page 13 of 13 Municipal Stormwater Program An Overview Minnesota Pollution Control wq-swl-04 April 2008 Agency he Municipal Separate Storm Sewer solely for stormwater, and which are not System(MS4)general permit is part of a publicly owned wastewater mandated by the federal regulations treatment system. Examples of stormwater under the Clean Water Act and infrastructure include curbs, ditches, administered by the Minnesota Pollution culverts, stormwater ponds and storm Control Agency. sewer pipes. Common owners or operators of MS4s include cities,townships and The MS4 permitting program gives owners public institutions. or operators of municipal separate storm sewer systems approval to discharge The MS4 general permit focuses on stormwater to Iakes, rivers and wetlands in reducing the pollution that enters these Minnesota. public systems and discharges to wetlands, streams and lakes("waters of the state"). Environmental harm Owners and operators of MS4s which are Urban stormwater frequently contains required to get a permit are created in one litter,oil, chemicals,toxic metals,bacteria, of three ways: By federal rule,40 CFR § and excess nutrients, like nitrogen and 122.34(a)and(b)(the Clean Water Act), phosphorous. Polluted stormwater state rule(Minnesota.Rules Chapter 7090), contributes to swimming-beach closings, or by public petition to the Minnesota fish-eating advisories, excess algae growth pollution Control Agency. and poor water clarity in urban water By federal rule, stormwater systems in resources, especially lakes. urban areas are labeled Mandatory MS4s. In addition to human effects,poorly In addition to these, Minnesota added other managed urban stormwater can drastically stormwater systems(Designated MS4s)to alter the natural flow and infiltration of the list. These MS4s are only added if the water,scour stream banks and harm or stormwater system is located in an urban eliminate aquatic organisms and area that meets the criteria established in ecosystems. the State Rule for population and discharge points. The primary goal of the MS4 general The number of MS4s in Minnesota is permit is to improve water quality by reducing pollutants in stormwater growing as urban areas expand. As of April discharges. Specifically,the ro T 2005,there were 243 MS4s in Minnesota. g p tram aims to ensure proper management of stormwater discharges into waters of the Public Process state. After a term of five years,the MS4 general permit is improved and revised, if Defining MS4s necessary,and reissued. Public comment In general terms,MS4s are publicly owned or operated stormwater infrastructure,used wq-swl-04 Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • www pca state_mn us 651-296-6300 • 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 101 of 122 is encouraged before the re-issuance of new MS4 Citizens served by an MS4 are invited to encourage the general permits and before the creation of new MS4s. In owner or operator(normally their city,township or addition,the public is asked each year to share its county)to tackle stormwater pollution problems,but the opinion on plans the owner or operator of their local responsibility for water quality is not left in the hands of MS4 has made to manage stormwater. These opinions public officials, are shared at local meetings required by the permit. Public and private spaces contribute to urban stormwater pollution. While MS4 administrators control the public Requirements of the sources of stormwater pollution, it's ultimately in the MS4 General Permit hands of private citizens to change the way they do small All owners or operators o#'MS4s are required to satisfy things that will have a dramatic effect on the quality of their favorite the requirements of the MS4 general permit; fishing spat or swimming beach. Minneapolis and St. Paul are required to meet customized individual permits, which are similar but Simple Steps for which contain additional requirements. Better Water Quality Basically,the MS4 general permit requires the MS4 You can make simple changes to reduce stormwater operator or owner to create a Stormwater Pollution pollution and improve the quality of your local lake or Prevention Program with six important components: river by following these tips: 1. Public education and outreach,which includes . Fertilize established lawns with phosphorous-free teaching citizens about better stormwater fertilizer and don't overspray fertilizer into the street. management ® Rake leaves and sweep grass clippings away from 2. Public participation: Include citizens in solving curbs.Clean curbs mean clean water. stormwater pollution problems. This includes a . When you wash your car or truck, direct water onto required public annual meeting and an annual report. your lawn to soak up soap. 3. A plan to detect and eliminate illicit discharges to the Find attractive alternatives to large, impervious stormwater system(like chemical dumping and driveways and sidewal wastewater connections) ks, • Direct your home's gutters onto your lawn. Water that 4. Construction-site runoff controls doesn't make it to the curb can't carry poi lutants to lakes 5. Post-construction runoff controls and streams. 6. Pollution prevention and municipal "good housekeeping"measures, like covering salt piles and Detailed Information street-sweeping. For more detailed information about the MS4 general permit or for further information about reducing Reducing Stormwater Pollution stormwater pollution, please visit the MPCA stormwater The MS4 general permit is a requirement,but also a tool program Web site: ww w.pca.state.mn.us/stormwater in the hands of city,township and county officials who want to improve the quality of lakes and rivers that receive their stormwater discharges. MS4 administrators have can improve the quality of life for their citizens by protecting and restoring local water quality. Municipal Separate Stormwater Sewer System (MS4) Program Overview • wq-swl-04 + March 2008 Minnesota Pollution Contra[Agency page 2 Page 102 of 122 1• Oak Park Heights Request for Council Action Meeting Date October 13'h, 2015 Time Required: 5 Minutes Agenda Item Title: Consider Resolution of Support--City Law Enforcement Pcrsonnel_ Agenda Placement New Business Originating Department/Reque st or__Mayor Mary McCamber & Council Member Mark Swenson Requester's Signature Action Requested Discussion, Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): We would like the Council to consider passing a resolution that outlines and demonstrates additional support for our City's Police Officers as well as outlining support for the passage of legislation at the state or national level that would essentially make an assault on police officers as a"hate/bias"crime. Please see the attached proposed resolution as well as similar actions taken by City of Red Wing(MN). Please note that Mayor McComher and Council Member Swenson independently contacted me about the same principles of support;staff merged the two concepts sought by each into one resolution as attached for Council consideration. —Eric J,1019115 Page 103 of 122 RESOLUTION A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS SUPPORTING THE EFFORTS OF LAW ENFORCEMENT PERSONNEL Whereas,each day over 900,000 sworn law enforcement officers serve in the United States, and; Whereas,over 50,000 officers are assaulted each year and more than 15,000 arc injured in the line of duty each year,and; Whereas, in 2014 alone, 126 officers were killed in the line of duty,and; Whereas, in light of the recent negativity directed towards some law enforcement officials in various parts of the United States there is need to recognize the difficult and dangerous career these individuals have chosen in public service to their communities,and; Whereas, as few professions carry such risks as law- enforcement but which is a needed service in our communities, the City believes it remains important to demonstrate that the City is grateful for these individuals willingness to risk their lives to protect others and encourages the community to similarly demonstrate that understanding and support. NOW,THEREFORE,BE IT RESOLVED by the City Council for the City of Oak Park Heights that it does hereby thank its Police Officers for their service to the citizens and community of Oak Park Heights. The City Council encourages its citizens and community partners to similarly show such support for City Police Officers and other law enforcement personnel and can be accomplished in many ways such as: • See a police officer?Thank a police officer; • Send a card of support to your local police department or state agency; • Share a positive story about a positive law enforcement experience on social media; • Ask children in your community to write letters in support of law enforcement; • Participate in Project Blue Light and proudly display your blue light in support of law enforcement; • Thank the officers on your business billboard/marquee. BE IT FURTHER RESOLVED,that the City Council for the City of Oak Park acknowledges the crises of violence directed toward Police Officers and that Officers show great restraint and professionalism while often times putting themselves in danger to protect the citizens of Oak Park Heights and therefore the City of Oak Park Heights does hereby support the creation and passage of legislation at the State and/or Federal levels making assault on police officers a hate I bias motivated crime along with the perpetual renewal of Bulletproof Vest Partnerships and Support Programs for law enforcement and their families. This Resolution is adopted by the City_ Council of the City of Oak Park Heights, Minnesota, this th day of Mary McComber,Mayor ATTEST: Eric Johnson, City Administrator Page 104 of 122 7777 PoStBulletin.com di'L�-�akir�14 N&iiNs I rviuflim�--dia (Conple�--tivily The community bank strong emough to earn national recognition. Re!' -ing respond-s to 'violent surge against IWI IWf I 'j' !„"-III C., uilk,m A--i L' P=Et- RED 71-a r-:.,•- C":V CV-=1 00k 2Cri CM:2v.- TC iU rC'-'=2 Lark 1kilimms Temn TI-2 rY-&can%fa,an-k'=2 'hi= JTL u 21 mf5=t to pm be Z:!�-Vcd-'-tz a h=2 Cnriz.71%z circ is tr,be iu=t:-%m&Qco-id in Xrmt ir.',Emn2---tz to zd ,-t Wi-r-wn Cctmt%:is 011- ww fhe first to adcVt the:2-n.-U224L -W"Q iLa•,-an't had ar.-'ta7dmz-_i.2 that bare—C. I. peopif, 1m• r,ah--m C;.-.Lt—':=--fS-C=i-M-.-rizpanse to the t�-=:: �-2 -he Featuxed.Ads Randzz-mid- Allina RJUMM HOMES --ha;r.--w-'LrE-r.%zit]"to 't-ha.-=IwTt ZXM7 rem C4fte S-rsa aga�n=PCHaf,across thia A L 33CZ ammrdmg=R-d F=jitc Cr--.;f 2ens r.-I T-- kcihLman.7h2 rsaL;rrnn giE la�-: m�]-=rno--t dazl:z-'=th2 Um-ted S*a---s as Df 22X3 IF—A ftpl—, SGy za,up�-crm az z7-t:n2 sa-ma timQ Lav, --,- -- WA!'rkj 31-:ih-'• an dmd a —%--s tha 7-a:.r hzrm mayn-m tha c 4e chantia,4-:'?ip ir.a zn-- ba--Lcz%-n"Zm St.ra PaRma c.,::md-ha=art'2 _ta:. but re-a-:st a-raa u-Tx am Ccc-.'z said it-Stw Mn -'dth a-Ph-u- . aaritc-L Nprv- Ck-CCLM=-'t17%S.ZgL 2L'- PohLma-z and Ci-n•Cvmci:sr--mmmr?z-g-,-R--L" i"t", ALA in'29 -ZT MOM M mcznz!':T&Lorr-m-o-idam'1:•.-:I:z Nar_M&:Frztuzm-CE-dar LOCAL,V-VtR and fW-42M::W,-S W -T IRI V scrMa:fl=m POi&j 4— nr=:izntCffth2FTaTama1Oydivo: 'essec P. 'r:' a C-- RidgM iS C Im -.'7E'%2 az a -=-Stima c::a'.+^ unformirE arm' -c--n zr:g th2:midativaz weirs pzzI,zd tHz C.-iRT zm; :-T.2*-- Liqr-izirr-o,—_d12 La•,-z-rfcrcz-•nRmt rzwzffi=-riT,.z thR Ru:2-:VTocif Pa--nzurs�:y 'can hZMM.C=tars far ZZ r.t.a Qrd CC�.a_ Addit==L 71--a th.Clr&::Zn b,-r_"-img rr:zy zt s,&.YTI- ava7z.-amy-his rr.n=-"-tr t---n c r.their Hxl=----hr.grasr.ur.-'.s mgir--.to rQCO=---Q----U:---i m--= 'L�t Tews T- sa=-r-2-mmamy ra-z mud;tD'hi�:.p.;--tt2ct&.z;r -t---il:!a=f=r=r%z7 rmmuu- S N IPS, Z is tha-2-ma-=f 2-11-,-i=1,2===L.S.th&.- .7 rasa'-•caru U, 12 mcm r t ra:-2 t C=L:--LW Zr r CQM T nQM Z7. =mrun&=th 2,.'do n=t--a r.° aLc--a and trait 6--E=ion to th2ir is z;,.;rz.�Atzd,'Pz::Lm-an=a c ftorn tha P�2 rmsc:�-=-am- Resolution No. 6873 A Resolution in Support of Law Enforcement Whereas: The men and women of our nation's law enforcement agencies wear their uniforms with honor, dedication, and integrity as they protect and serve their communities; and Whereas: These uniforms have made them targets by those who seek to kill or injure law enforcement officers simply because of their profession and commitment to duty, and Whereas: The national law enforcement family mourns the recent loss of Harris County (TX) Sheriff Darren Goforth, Fox Lake (IL) Police Department Lt. Charles Joseph Gliniewicz, Kentucky State Police Trooper Joseph Cameron Ponder, and McHenry County (IL) Sheriff's Deputy Dwight Darwin Maness; and Whereas: The citizens of Red Wing, Minnesota stand with the families of the fallen, and the officers currently protecting our community and the officers throughout the United States: and Whereas: To honor the twenty-eight officers lost this year as they protected their communities they were sworn to uphold, we ask every officer of the Red Wing Police Department who stands behind the thin blue line to turn on their red and blue lights for 1 minute every day at 11:00 A.M.; and Whereas: The City of Red Wing, Minnesota agrees with National Fraternal Order of Police President Chuck Canterbury who has called on the Administration to acknowledge this crisis and asked them to work with us to address the violent surge against police To expand the Federal hate crimes law to protect police, to reauthorize the Bulletproof Vest Partnership Program and to fully fund the State and local law enforcement assistance programs that provide our men and women in the field with the resources and equipment they need to do their jobs and get home to their families at the end of their shift. Now therefore be it resolved that the City of Red Wing, Minnesota stands together with the Red Wing Police Department and officers nationwide. Together we are united. "Fortes in Unitate'- 'Strength in Unity' Adopted this 28" day of September. 2015. Dean Hove, Council President Page 106 of 122 ATTEST: f Kathy Se mour hnson, TIVIC City C (seal) Presented to the Mayor at l p.m. on this 2Ay of September. 2015. Approved this day of September, 2015. 7 Daniel D. Bender, Mayor Page 107 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 108 of 122 J r o• Oak Park Heights Request for Council Action Meeting Date October 13th, 2015 Time Required: 5 Minutes Agenda Item Title: Approve Trail Easement Acquisition Agenda Placement New Business Originating Department/Rego stor A/C ohnson, City Administrator Requester's Signature :; o' Action Requested -Approve Trail Easement Purchase Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The Council will recall that in 2013 the City did hope to develop a trail way along the east side of Osgood Ave from 5811'street to STH 36. Unfortunately the City could not secure an easement from a landowner(well drilling firm– shown in yellow) nor could the City secure the equal cross-indemnification from Washington County so that construction could occur using CDBG _ �� x funding as secured by the City. For these two reasons the project ceased to r be viable at that time. % Wcutlough4iell 10-trail easement(approximate) Since that time Washington County (I believe as part of the SCRCP) has Pail tomeanderaround poles,etc to wi ` installed a trail way along Osgood Ave to a point as initially discussed to 59th produceAOA compliant trail. Street–shown in green. While the McCullough Property trail section remains unknown, the City still r ♦ a. F_ has an opportunity to secure a 10' easement, 300'- shown in red -from Calvary Assembly (Assemblies of God) for that portion of the trail should it ever be needed. The City has already paid for the development of the to trail yam°utepprax;m�te� a ' easement language. For the proposed fee of$3,000 it might be prudent to (traH to mea^der around poles.ekIto p T i c°mplianttrail secure the easement now. If the County does reroute the south frontage road this easement will prove valuable to make that north-south connection as ,Ttra;;oasement(approximrke) " •f there is limited County ROW for any trail way and would better connect a MiItomeandofa round poI as,etc)to dense neighborhood to the commercial area. pmduceAOAcompri ant traa, F +a< azo1,a ae — Should the Council still support this concept, use of $3,004 from the . — 1 F" "M2"70"9 10'trail easement(approximate) ° City Park Dedication fund would be eligible funding and staff would o raElto meander around poles.etc)toe tla.^,<a, recommend the acquisition as it is consistent with the City's Park and produce ADA compliant trail. Trail Plan–(see page 20 and 27 and as shown on Page 45–Proposed Parks and Trails Map). Page 109 of 12 .1 � n v 4 Y , - f, ' M. 8' trail installed with SCRCP layout (GREEN) .. Old roadways shown , " McCullough Well , 1A' trail easement(approximate) � n� .� eft (trail to meander around poles, etc) to produce ADA compliant trail. y I P 4W KF- , „ 4 Y r a TJ me 10' trail easement(approximate) (trail to meander around poles, etc) to R ' produce ADA compliant trail. r 10' trail easement(approximate) � {trail to meander around poles, etc} to Pllr #4402920114449 , k produce ADA compliant trail. A . qW x :rt ` PIN#0442920110049 �. 10'trail easement(approximate) ' (trail to meander around poles, etc) to PIN #0402920110049 — produce ADA compliant trail. L,7 of � i w „ i + it,,. Page 110 of 12 1V I r., ISSUES IDENTIFICATION ► Link Oak Park Heights to Stillwater and Bayport by way of Mn/DOT's proposed NORTHERN trail on Highway 95, OAK PARK ► Provide interconnections with the Stillwater trail system whenever possible. HEIGHTS ► Link Sunnyside to Mn/DOT's trail, TRAIL ► Link Sunnyside to the bluff area by way of Lookout Trail. ISSUES ► Find a way to link Lookout Trail to the west. Link the homes west of Osgood Avenue to the south and east and define the best trail routes along both sides of Osgood Avenue to a point north of Highway 36 (possibly 62nd Street), ► Provide access from the homes north of 62,d Street and east of Osgood Avenue to the area south of Highway 36. ► Mn/DOT shall provide a bike trail along the south side of Highway 36 from EASTERN Osgood Avenue to Peller Avenue. OAK PARK ��� ► Provide trails on both sides of Osgood Avenue through the City. HEIGHTS ► Provide access for those residents east of Osgood Avenue to safely cross TRAIL Osgood Avenue and access the mall, Swager Park, and Brekke Park. ISSUES ► Define where the designated crosswalk(s) should be south of Highway 36 on Osgood Avenue. ► Provide linkages and trails throughout the A.S. King Plant ash disposal facility once it is capped. ► Provide interconnection with the Bayport trail system whenever possible. Continue to work with Andersen on an off-street trail on the south side of their OAKGREEN parking lot. TO OSGOOD ► Provide trails on both sides of Oakgreen Avenue. TRAIL ► Connect the Pondview Condominiums at the southwest corner of Highway 36 ISSUES and Oakgreen Avenue to the rest of the trail system. ► Provide safe crossings on Oakgreen Avenue. CITY OF OAK PARK HEIGHTS 2008 COMPREHENSIVE PARK & TRAIL SYSTEM PLAN 20 Page 111 of 122 GOALS AND POLICIES ► Acquire park/trail facilities to satisfy the recreational and transportation needs ACQUISITION of the residents on both a neighborhood and community-wide basis. POLICIES ► Identify means for park/trail acquisition, i.e., dedication, purchase, eminent domain, donation. ► Identify means for establishment of park/trail facilities within subdivisions, i.e., outlots, easements, etc. ► Ensure that the proper right-of-way widths are dedicated for sidewalks and trails during the subdivision process (see development standards contained herein). ► Identify sources of funds to be utilized for acquisition, i.e., trail dedication fund, capital improvement program, bond issuance, grant programs, etc. ► Establish who is responsible for park/trail construction within subdivisions. ► Determine to what extent wetlands, drainageways, floodpiain areas, etc, should be accepted as part of park and trail dedication within subdivisions. ► Besides the standard programs and facilities typically recognized by the City, consideration should be given to the following areas: • Areas for nature preservation. • Cultural enrichment. • Facilities for the disabled. Public activity areas and facilities in employment centers. • Organized sports and recreational activities. • Teen programs and facilities. • Senior citizen programs and facilities. ► Provide for the efficient maintenance and operation of clean, orderly, MAINTENANCE controlled, safe, and attractive parks and trailways. Park maintenance and AND OPERATION operation shall safeguard the physical condition of trailways from deterioration POLICIES or damage due to weather, vandalism, or other natural or human causes. ► Develop a clear and concise system of park and trail graphics and signage that direct people along trails and into parks to specific points of interest. ► Define specific park and trail safety rules. CITY OF OAK PARK HEIGHTS 2008 COMPREHENSIVE PARK & TRAIL SYSTEM PLAN 27 Page 112 of 122 �I y � , d � rFl W u 173 � I I����� T —L i I[�A� m In 2 m i N � / o OA L en _. VVV II C P ro a w,i I ro 3 `.. _ . x.Yr�tw+tuw�= _+sr' tr- .,c�r a.•... r,4, <7 'I h '4_ _. L. f ET In- cn L T _ i r�ro o p o p CD CL m m X -�UPJ �... Page 113 ef cn 122 {4*14 tar" mi r G � « vn �� E � t of ,� C � ''• .wj l vti WIN i s f i�®ii �I I 111 ' � � ..- ..aaw.r wR.� ��' y • _ �: ,�11frWIw. , o- TM { i t r _ a , t. ' t A w s Page 114 of 122 CERTIFICATE OF RESOLUTION OF THE STILLWATER ASSEMBLIES OF GOD CHURCH I, Pastor John K. Kaiyalethe, President of The Stillwater Assemblies of God Church, a corporation created and existing under the laws of the State of Minnesota, with its principal office located at 5805 Osgood Avenue North, Stillwater,Minnesota,do hereby certify that the following resolution was adopted by duly authorized action: "WHEREAS,the Stillwater Assemblies of God Church is desirous of granting the City of Oak Park Heights a PUBLIC WALKWAY AND BIDE PATH EASEMENT over certain real property owned by it known legally described as: SEE ATTACHED EXHIBIT A And; WHEREAS, the area over which the easement for PUBLIC WALKWAY AND BIKE PATH EASEMENT is to be located is described as follows: SEE ATTACHED EXHIBIT B "RESOLVED,that said above described real property located in Oak Park Heights, Minnesota be conveyed to the City of Oak Park Heights by The Stillwater Assembly of God Church for the payments of Three Thousand Dollars ($3,000.00)." "IT IS FURTHER RESOLVED, that Pastor John K. Kaiyalethe, as President and Agent in Fact, are hereby authorized and directed to execute the easement, and make any and all other instruments necessary or convenient to the conveyance." I further certify that the quoted resolution is still in force and effect and has er b n repealed. And the authority thereby conferred is not inconsistent with the Charter or By-Law of the Co or 'on. In witness w reof, I have hereunto set my hand. C; J01111-- K. }2' ,Ie - The Stillwater Asse7,11 1 es of God ilurch STATE OF MINNESOTA COUNTY OF WASHINGTON On , 2014 before me personally appeared John K. Kaiyalethe, personally known to me to be the person wh se subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand an fficial seal Signature (SEAL) • Gienna Efll80 Notary Public•Minnesota (amy Commission Epim 0113112017 Page 115 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 116 of 122 Oak Park Heights Request for Council Action Meeting Date October 1.3_'',2015 Time Required: 5 Minutes Agenda Item Title: Schedule a City Council W-ork Session -Oct 27`', 2015 A-enda Placement New Business,J, Originating Department/Req tar J son Cit -dministrator Requester's Signature Action Requested Discussio 4ossible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Staff would like to the City Council to consider scheduling a work session for Oct 27"',2015 to address the following two items: I. The City has received an inquiry from the Coalition of Utility Cities—Ms.Carolyn Jackson-to hold a short work session meeting so the Council may be presented a direct update on their efforts and prospective thoughts for the upcoming 2416 Legislative session. Staff did discuss with Ms.Carolyn Jackson about holding that work session on October 27m prior to the regularly scheduled City Council meeting. 2. The City did reach out to the MNDNR for an update on the concept of the installation of a boat ramp/ launch facility apparently being discussed to be installed on the St.Croix River,possibly below or near the western terminus of the new SCRC Bridge.MNDNR Staff have expressed a willingness to present the information they do have at this time to the City Council in a work session. Per the City's policy on work sessions,this type of communication from a State Agency is to be televised. however if the Council desires it to be untelevised the Council may direct that at a regularly scheduled meeting. Note again,at this time Staff has been informed that the MNDNR has not yet developed detailed or extensive plans and is only in the conceptual stages of planning for the facility. Requested Action: Schedule a City Council work session on October 27th—commencing at 6 pm-for the two items above and determine if the meeting with the MNDNR is televised or untelevised, Page 117 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 118 of 122 Oak Park Heights Request for Council Action Meeting Date October 13t", 2015 Time Required: 5 Minutes Agenda ltern 'Title: Trail Crossing— Osgood Ave. Agenda Placement New Business Originating Department/Requestor Mayor McComber Requester's Signature Action Requested See below. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City to reach out to Washington County to request they provide an update and/or options for trail improvements for the trail crossing of Osgood Ave at 58`b Street.Perhaps a pedestrian crossing signalization— similar to the flashing yellow systems the City has installed at Nova Scotia& 59"'and along Oakgreen Ave could be considered. This area the already does contain striping for a crosswalk and is an east-west connection in the City. ti 39a5 W - z 5900 W ANDERSON CORPORATION pop 14617 p m m 909 I 59th ST N cOa _ O 5650 5805 ~0.` a Z_....A Z 7 SETH 5T 4821 fl 5731 ` � r Q yr Q Q _.... _. 5 6 ¢ N 4820 14860 11 5711 �T_F@ fCrossin }c THST1 rVi ° m W m f° n vai 5575 5676 5< d*4 UpPER.56TH ST N c 1pg1T ?ER,55TH�ST w wry. 48111 h Page 119 of 122 ,.l Q �� r z Q � � NanV?ltod � G✓ ��PPB I"d 9-8 IN r P _ Nantl P,oBsp ' K2 Y P8�0'; antl Poo 8a . NanV omO� z - z Na az x N aty oaug,p� ,z r R N Y wu8 0 z �_-anq R-AFo c ` 1 �Y e,,ioag anaN � SAO ...... Y C) v1-- N _ 2 `a� Z �W'x ai✓ xa�la�g+Mi oaoB,xmN '°� ct kn S a4gllsn9�'N 9s A — — L p O Un 2 m C O O to o.- a IL Page 120 of 122 Government Center C� W 4 Frontage 60th St. N S � k g "`�"� 6�0th Street N ►ak Park Heights o } (yak Park City Hall o Campus Swager Park 5$th St.N Crossing Park ,,� ���.��,�.�. 58th St. 5 7th St. N U. 56th St. N r 10, kso p Upper 55th St. N Brekke Park -, "* Valley View Park 55th Street N Valley View Park Drive 'p 4 Page 121 of 122 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 122 of 122