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HomeMy WebLinkAbout10-09-2018 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 9, 2018 CITY COUNCIL MEETING AGENDA 6:00 P.M. AT CITY HALL 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:05 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff 6:05 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). A. Community Award for Tim Nolde—Approve Resolution and Present Award(pg. 3) B. Allen Eisinger, BFD Chief—Fire Prevention Week— Oct. 7— 13 (pg. 5) 6:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes— September 11, 2018 (pg. 7) C. Approve City Council Meeting Minutes— September 11, 2018 (pg. 9) D. Approve Gambling Premises Permit for North Tartan Girls Basketball at Muddy Cow (pg. 15) E. Approve Resolution Adopting Washington County All Hazard Mitigation Plan Update (pg. 17) F. Approve Change Order 91 —Palmer Station &Utility Improvements Relating to Time Extension (pg. 19) G. Approve 2019-2021 City/Washington County Conservation District EMWREP Agreement(pg. 23) 6:10 p.m. V. Public Hearings 6:10 p.m. VI. Old Business A. City Hall— Security and Door Access Management(pg. 31) B. No Wake Zone Request— Sunnyside Marina(pg. 71) C. Norrell Ave. & STH 36 Frontage Road—Municipal Agreement Program (pg. 73) 6:30 p.m. VII. New Business A. Wal-Mart Easement—Frontage Road Alignment(pg. 81) B. STH 36 Intersection Timing and Priorities (pg. 91) Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 92 City Council Agenda September 25,2018 Page 2 6:40 p.m. VIII. Other Council Items or Announcements 6:40 p.m. IX. Adjourn Page 2 of 92 pt - Oak Park Heights Request for Council Action Meeting Date October 9, 2018 Agenda Item Community Award for Tim Nolde—Approve Resolution and Present Award Time Req. 5 Agenda Placement Visitor's/Public Comment Originating Department/Requestor Councilmember Swenson Requester's Signature..............._____ Action Requested Approve and present award Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached Resolution. Page 3 of 92 RESOLUTION 18-10-35 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION RECOGNIZING TIM NOLDE FOR THE CITY OF OAK PARK HEIGHTS COMMUNITY AWARD WHEREAS, the City Council for the City of Oak Park Heights enjoys thanking and recognizing residents and business partners that have made a positive impact on the Community; and, WHEREAS, Mr. Tim Nolde, a businessman, advocate, and life-long St. Croix Valley resident, continues to make significant accomplishments that have made a positive impact on the community through active redevelopment of distressed lands including the development of over 350 affordable senior living units within the City of Oak Park Heights; and, WHEREAS, Mr. Tim Nolde has been a positive and willing partner to the City, its planning organizations and financing partners, and the community as a whole to make the facilities—Oak Park Senior Living—a continuing success. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights that it does hereby recognize and thank Mr. Tim Nolde for his service and dedication to the City and its residents to provide such housing opportunities and does present to'him this Community Award commemorating such appreciation. Passed by the City Council of Oak Park Heights this 91h day of October, 2018. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 4 of 92 0,, 11 Oak Park Heights Request for Council Action Meeting Date October 9".2018 Time Required: 5 Minutes Agenda Item Title: Allen Eisinger, BFD Chief—Fire Prevention Week—Oct 7-13 Agenda Placement Visitor Section Originating Department/Requestor kiic Johnson. Citv Administrator Requester's Signature G Action Requested No action anticipated. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Mr. Allan Eisinger, the Bayport Fire Chief will be present to provide information relating to Fire Prevention Week, see enclosed. Page 5 of 92 Fire Prevention Week 2018 Page 1 of 1 IHOME I APPARATUS I LOCAL REGULATIONS I RUN STATISTICS I FIRE SAFETY I ABOUT US I CONTACT US I BAYPORT FIRE DEPARTMENT Proud/y Serving the Communities of. Bayport, Oak Park Heights,Baytown and West Lake/and FIRE PREVENTION WEEK LOOK. LISTEN. LEARN. OCTOBER 7 - 13, 2018 FIMhappen anywbew. FIRE PREWENTION VZ LOOK. LISTEN. LEARN. Be aware. r Fire can happen anywhere. _. This year's FPW campaign,'Look.Listen.Learn.Be aware.Fire can happen anywhere;works to educate people about three basic but essential steps to take to reduce the likelihood of having a fire--and how to escape safely in the event of one: 'LOOK"for places fire could start.Take a good look around your home.Identify potential fire hazards and take care of them. 'LISTEN'for the sound of the smoke alarm.You could have only minutes to escape safely once the smoke alarm sounds.Go to your outside meeting place,which should be a safe distance from the home and where everyone should know to meet. 'LEARN"two ways out of every room and make sure all doors and windows leading outside open easily and are free of clutter. Also,Sparky the Flre Dog®has a new friend,Simon,who Is helping teach this year's FPW messages-He's a smart,resourceful character who will join Sparky In spreading fire-safety messages to adults and children alike. SAFETY TIP SHEETS: ESCAPE PLANNING FSMOKE ALARMS AT HOME I HOME FIRE SPRINKLERS More information on this topic and Fire Prevention Week can be found on the National Fire Protection Association web site. HOME CONTACT U3 COPYRIGHT®BAYPORT FIRE DEPARTMENT Page 6 of 92 http://www.bayportfire-org/fire-prevention-week-2017.htm1 10/4/2018 Oak Park Heights Request for Council Action Meeting Date---October 9, 2018 Agenda Item Approve City Council Worksession Notes—September 11, 2018 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer 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 7 of 92 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY, SEPTEMBER 25,2018 Present: Mayor McComber,Councilmembers Dougherty, Liljegren, Runk, and Swenson; City Administrator Johnson; City Attorney Vierling; and City Clerk Pinski. Also present: Pat McGraw and Tyler Johnson from Stantec. 1. Call to Order: Mayor McComber called the meeting to order at 7:09 p.m. 2. MNDOT Grant Award: City Administrator Johnson showed a concept map and said that the grant was applied for and received. He said there was still a$700,000 gap in funding and there was time to discuss the funding source. Pat McGraw from Stantec said the award amount was only for certain eligible items and proposed that City Engineer Mann and City Administrator Johnson go over the cost-participation policy then meet with MNDOT to discuss to see if the City would still be interested. Johnson showed a copy of the concept drawing that was provided to Walmart and said he was awaiting response. Tyler Johnson from Stantec said that the Brown's Creek Watershed District rules did not provide options. Councilmember Runk suggested it may be possible to obtain a variance. No action was taken. 3. MHG—Holiday Inn: City Administrator Johnson reported that the Brown's Creek Watershed District said the developer had to prove they had the right to drain to the pond and that it could handle the volume, as they thought it would exceed the capacity of the pond and wanted the applicant to direct the water to the existing pond. City Attorney Vierling reported that the engineers have already determined that the runoff would be under capacity. Tyler Johnson of Stantec reported that Randy from Stantec wrote a letter to the Department of Health and the Minnesota Board of Water and Soil Resources. No action was taken. 4. Adjourn: The meeting was adjourned at 7:55 p.m. Page 8 of 92 pi, - - Oak Park Heights Request for Council Action Meeting Date October 9, 2018 Agenda Item Approve City Council Meeting Minutes—September 11, 2018 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer 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 9 of 92 CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 25, 2018 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Vierling, and City Planner Richards. Absent: City Engineer Mann. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she attended the League of Minnesota Cities Board of Directors Retreat; the Local Economies Policy Committee meeting; the School District's World's Best Workforce Task Force meeting; the Big Four meeting with Cities, Counties, Schools, and Townships; the Xcel Energy Integrated Resources Plan meeting; and a meeting with Xcel Energy, Washington County, and the Utilities Coalition regarding property values. She reported she would be attending the Minnesota Association of Small Cities conference in October; that information on the Mayor for a Day Contest was on the City's website; and that Fall Cleanup was set for September 29. B. Councilmember Dougherty: He reported the Planning Commission met on September 13, and there were two items from that meeting on the City Council Agenda. C. Councilmember Liljegren: He reported the September Parks Commission meeting was cancelled. He also said he had been receiving calls regarding the signals on Highway 36. Mayor McComber suggested that the City invite Adam Josephson to the next City Council Worksession to discuss. D. Councilmember Runk: He reported he attended the CVB meeting and the Middle St. Croix Watershed Management Organization meeting. He said he also attended the Brown's Creek Watershed District meeting as an observer, but they took the Madison Hospitality Group project off the Agenda. E. Councilmember Swenson: He reported he attended the Cable Commission meeting and they talked about livestreaming the Pony games. F. Staff. City Clerk Pinski reported that Danielle Koenig of 14913 57th Street North was chosen as the recycling award winner. Page 10 of 92 City Council Meeting Minutes September 25, 2018 Page 2 of 4 III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes—September 11, 2018 C. Approve City Council Minutes— September 11, 2018 D. Approve Tobacco License for Northern Tier Retail LLC dba SuperAmerica#5059 E. Approve Policy on Video Data F. Approve Redpath and Company Auditing Services for December 31, 2018 G. Approve Amendments to Community Award Policy Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: A. No Wake Zone Reguest: City Administrator Johnson presented a PowerPoint presentation. Rick Chapman, General Manager of Sunnyside Marina, was present and said that excessive wakes create dangerous situations for their boaters and the gas dock. Mayor McComber explained the procedure for a request like this and opened the Public Hearing. Greg Carlson of 908 Cypress Street South in Cambridge, on behalf of Boutwells Landing, said that they had a boat slip and pontoon for residents and was in favor of a no wake zone due to safety. Charles Gifford, who has property at Sunnyside, said that having a no wake zone would not affect enjoyment of the river. Eric Wolf, 2167 901h Street, Somerset,representing Midwest Marina Association and as a boater and Wolf Marina owner, was opposed to any more no wake zones or water surface regulations. He thought it should be a matter of enforcement and education. Mike Thron, 16411 Division Street, agreed with Eric Wolfs statement. Mike Dahl, 15580 15th Street,Afton, supported the no wake zone. Steve Kuzj, 10800 66th Street, Stillwater, supported the no wake zone for safety. Phil Moe, 15148 Upper 63rd Street North, said wakes were inconvenient for smaller boats. Page 11 of 92 City Council Meeting Minutes September 25, 2018 Page 3 of 4 Steve Isakson, 3391 Osgood Lane North, said most marinas were in a no wake zone. Tim Holden, 6187 Peabody Avenue North, showed evidence of damage from wakes and was in favor of a no wake zone due to safety issues. Vicky Gifford, who has a slip on Pier 5, said it was a safety issue. CJ Randazzo, 5305 Novak Avenue, opposed the no wake zone saying it would hurt the Stillwater economy. Brian Utecht, 2628 Greenmeadow Court, Stillwater, opposed the no wake zone and said Sunnyside could install a wave attenuator as a breakwater and educate on marina respect. He also suggested the gas dock could be moved to a more protective area. Mike Mankowski, 6345 St. Croix Trail, said he has seen many safety issues due to wakes and would like the no wake zone approved and extended to the proposed new boat launch. Richard Engdahl, Boutwells, supported the no wake zone. Charles Ritz, 13991 60th Street, opposed the no wake zone and suggested a breakwall like the Bayport Marina. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to close the Public Hearing. Carried 5-0. Councilmember Swenson said there was very little respect on the river, and education was the biggest toolkit. He said he would support a campaign for enforcement violations. Councilmember Liljegren suggested asking the DNR and the Sheriff's Departments how many tickets had been written for violations and suggesting they step up enforcement. Councilmember Dougherty said he did not feel he had enough information to make a decision on the request. Councilmember Runk suggested staff send a letter to the DNR,the National Park Service, the US Coastguard, and the County Sheriff's Departments requesting information and encouraging enforcement and to include comments from the public in the letter. Councilmember Swenson, seconded by Councilmember Liljegren, moved to direct staff to request information on enforcement as suggested by Councilmember Runk and draft a Resolution calling for and supporting Page 12 of 92 City Council Meeting Minutes September 25, 2018 Page 4 of 4 enhanced enforcement to be brought back to the next City Council meeting. Carried 5-0. VI. Old Business: None VII. New Business: A. Conditional Use permit—Detached Garage Addition—5737 Peller Ave.. City Planner Richards reviewed his planning report. He said the request was for a garage addition. Councilmember Dougherty, seconded by Councilmember Swenson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. ISD 834—Conditional Use Permit Amendment—Garage Placement 5701 Stillwater Blvd. N.: City Planner Richards reviewed his planning report. He said the request was for an amended CUP for a storage building. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. Metropolitan Airports Commission—Joint Airport Zoning Board: Mayor McComber said that she would go to the initial meeting on October 9. Councilmember Liljegren said he would go if McComber was unable to attend. City Administrator Johnson said a representative could be chosen at a future date. VIII. Other Council Items or Announcements: None IX. Adjourn: Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 7:06 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 13 of 92 THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 92 R L' Oak Park Heights Request for Council Action Meeting Date October 9, 2018 Agenda Item Approve Gambling Premises Permit for Tartan Girls Basketball at Muddy Cow Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer 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). An application was made by Kristie Larson on behalf of North Tartan Girls Basketball to conduct gambling activity at Muddy Cow, 5991 Norwich Avenue North, Oak Park Heights. The State of Minnesota requires approval by the City in a Resolution. See attached. Page 15 of 92 RESOLUTION 18-10-34 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION APPROVING A GAMBLING PREMISES PERMIT APPLICATION MADE BY NORTH TARTAN GIRLS BASKETBALL FOR GAMBLING ACTIVITY AT MUDDY COW WHEREAS, Kristie Larson, on behalf of North Tartan Girls Basketball has applied with the State of Minnesota Gambling Control Board for a permit to conduct lawful gambling activity at the site of Muddy Cow, 5991 Norwich Avenue North; and WHEREAS,the City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the permit as applied for by North Tartan Girls Basketball with the State of Minnesota Gambling Control Board. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of North Tartan Girls Basketball with the State of Minnesota Gambling Control Board to for a permit to conduct lawful gambling activity at the site of Muddy Cow, 5991 Norwich Avenue North, within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 9th day of October, 2018. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 16 of 92 �Plll I Oak Park Heights Request for Council Action Meeting Date October 9", 2018 Time Required: 1 Minute Agenda. Item Title: Approve Resolution — Adopting Washington County All Hazzard Mitigation Plan Update Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson City Administrator Requester's Signature Action Requested Approve Resolution — Adopting Washington County All Hazzard Mitigation Plan Update Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Washington County Sheriffs Office Emergency Management staff has completed the most recent update to the Washington County All Hazard Mitigation Plan. The plan update process engaged representatives from cities and townships in hazard mitigation planning to identify risks and vulnerabilities associated with natural and manmade disasters and develop long-term strategies for protecting people and property from future hazard events. It is a large document and we have a copy available here at City Hall but can also be found: i tns://www.co washington mn us/1104/Planning and Preparedness After making the required updates to the Washington County All Hazard Mitigation Plan over the past two years, the plan was submitted to Minnesota Homeland Security and Emergency Management and then FEMA for approval. Both agencies reviewed the plan and approved it with no changes required. The City has now been requested by Washington County to adopt the Washington County All Hazard Mitigation Plan update. Generally, to be eligible to receive any of the funding sources that may be applicable to the implementation of the Plan that may benefit the City, the City is requested to provide a signed resolution to the County for submittal to the State and FEMA. NOTE: FEMA -approved hazard mitigation plan is a condition for receiving certain types of non -emergency disaster assistance, including funding for mitigation projects. As the City is aware, Hazard mitigation is the effort to reduce loss of life and property by lessening the impact of disasters. It is most effective when implemented under a comprehensive, long-term mitigation plan. Mitigation plans are key to breaking the cycle of disaster damage, reconstruction, and repeated damage. Page 17 of 92 RESOLUTION ADOPTION OF THE WASHINGTON COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS,the City of Oak Park Heights has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000,and WHEREAS,the Act establishes a framework for the development of a multi jurisdictional County Hazard Mitigation Plan;and WHEREAS,the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS,the Washington County Plan includes a risk assessment including past hazards,hazards that threaten the County,an estimate of structures at risk,a general description of land uses and development trends;and WHEREAS,the Washington County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs;and WHEREAS,the Washington County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Washington County will maintain public participation and coordination;and WHEREAS,the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment;and WHEREAS,the Washington County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants;and WHEREAS,this is a multi jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Oak Park Heights supports the hazard mitigation planning effort and wishes to adopt the Washington County All-Hazard Mitigation Plan. This Resolution was passed and adopted this 9th day of October,2018. Attest: Mary McComber,Mayor Eric Johnson, City Administrator Page 18 of 92 Oak Park Heights Request for Council Action Meeting Date October 9th,2018 Time Required: 1 Minute Agenda Item Title: Annrove Change Order#I —Palmer Station&Utility improvements Relating to Time Extension. Agenda Placement Consent A e a -��Z�/ Originating Department/Req- stor• ohnson, City Administrator Requester's Signature Action Requested vZhanaae Order#1 —Palmer Station&Utility Im rovements Rel a ' to Time Extension. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Approve Change Order#1 —See Memo from the City Engineer Dated Oct 5"',2018 Page 19 of 92 2335 Highway 36 West,St.Paul MN 55113-3819 Stantec October 5,2018 City of Oak Park Heights Attn: Eric Johnson 14168 Oak Park Blvd. N. Oak Park Heights,MN 55082-2007 Re: Palmer Station Street& Utility Improvements- Construction Contract Change Order No. 1 Stantec Project No. 193804151 Dear Eric, Transmitted herewith are four (4) copies of Change Order No. 1 for the above referenced project. This Change Order provides for an extension of the substantial completion date for the project. The contractor has requested this extension due to delays caused by private utility companies, weather, and the developers delay in finalizing contractual issues for Palmer Station with the City. All of these issues are outside the contractors control. The substantial completion date would be extended from October 5,2018 to October 31,2018. For the reasons outlined above,it is our recommendation that the time extension be granted. If the City Council chooses to,it would be appropriate to approve Constructlon Contract Change Order No. 1. If approved, please execute the documents, keep one (1) copy for your files, and forward two (2) copies to the contractor,and one (1) copy to our office (labeled Engineer's Copy). Should you have any questions regarding this, please feel free to call me at 651-604-4850. Regards, Stantec Consulting Services Inc. Lee M.Mann, PE City Engineer Lee.mann@stantec.com Attachment: Change Order No. 1 (4 copies) Page 20 of 92 Owner: City of Oak Park Hts.,P.O.Box 2007,Oak Park Hts.,MN 5! Date October 4,2018 ®stantec Contractor: Miller Excavating, Inc.,3741 Stagecoach Trail,Still water,MN 55082 Bond Co:Granite Re, Inc., 14001 Quailbrook Dr.,Oklahoma City,OK 73134 Bond No: CHANGE ORDER NO. 1 PALMER STATION STREET AND UTILITY IMPROVEMENTS STANTEC PROJECT NO. 193804151 Description of Work This Change Order provides for an extension of 18 days to the Substantial Completion Date due to conditions beyond the control of the Contractor.These conditions include private utility issues,rain delays,and a delayed project start due to contractual coordination between the Developer and the City.No additional compensation will be provided to the Contractor for this change in dates. 193W9151CHO1.x1sm Page 21 of 92 Original Contract Amount $599,881.66 Previous Change Orders $0.00 This Change Order $0.00 Revised Contract Amount (including this change order) $599,881.66 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): October 5, 2018 Ready for final Payment (days or date): September 27, 2019 Increase of this Change Order: Substantial Completion (days or date): October 31, 2018 Ready for final Payment (days or date): NO CHANGE Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Date: Approved by Contractor: Approved by Owner: MILLER EXCAVATING, INC. CITY OF OAK PARK HEIGHTS Date Date cc: Owner Contractor Bonding Company Stantec 193804151CH01.x1sm Page 22 of 92 Oak Park Heights Request for Council Action Meeting Date October 9d',2018 Time Required: 1 Minute r Agenda Item Title:_ Consider Joining EMWREP—for MS4 Educational Assistance Agenda Placement Consent Agenda Originating Department/Requestor ErieJobnson, City Administrator Requester's Signature Action Requested A ove 2 -2021 Cit —Washington Qggply Conservation District— EMWRE A ement. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City is compelled to implement the rules, regulations and requirements found under the Municipal Separate Storm Sewer System(aka MS4)and secure a PERMIT to discharge public water though City systems into other Federal and State Waters.As the City does now fall under such unfunded mandate annual requirements for the City's MS4 permit includes the following six parameters(see listing->)and must be accomplished annually.The City must complete its MS4 permit submission to the MPCA by fall 2016. Requirements of the M34 General Permit A"-u`mt s or operators of ms4s are required to satis7�4j Parameter#1 — Public Education and Outreach can be time consumingand the requirementsoftbeMS4i spit. MiraaeaPobs and St"Pans are required to n2eet requires the creation and dissemination of materials to inform citizens about the customimed indbvidzwpermits,which are similarbut impacts polluted storm water runoff can have on water quality data and that is R"'icb conte additional Basically,the MSB general permit requires the MS4 timely,pertinent and relevant to the City. QPcratoz er mer to create a Stormwater Pollution Prevention Program with six impoilant components: To accomplish this, the City could of course contract with the City Engineer or other '" ire a ti1YO9 andeach,nohich includes�v �l 9 z�s amoaa4 better staater knowledgeable party to develop and implement these conditions and ensure xnanagement compliance with the MS4 permit.However there is another opportunity and that is being 2" Public participation: 3arh'de citizens in sosriag st0"nWa erPollutionprobleoms.TWO includes a part of the East Metro Water Resource Education Program(EMWREP)offered though requited public annual'm and an annual report" the Washington County Conservation District. 3. A plan to defect and cHnnnaYe Wicit discbarLres to the syr ;t...,,ti_al dumping area For an annual fee of$700,this EMWREP will develop,publish,disseminate and ensure 4" Cons tion-zite_uou fcontrols the City is meeting its compliance requirements under this Parameter of its MS4 permit. $" �`{° '��on and m& (� 6" Polsustion prevratioa area municipal--good A number of cities currently participate in this joint venture — including Stillwater, -g,des,like covering salt paes and Woodbury, Lake Elmo, etc. The effort requires a three-year commitment with optionaleC1GC $ _.. renewals thereafter. Staff would recommend the City participate in this joint venture as it will likely save dollars for creation of materials,staff time for publication and dissemination,etc.Enclosed is a copy of the proposed agreement for consideration. Page 23 of 92 Contract Number: 19-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2019-2021 EAST METRO WATER RESOURCE EDUCATION PROGRAM A. PARTIES This Agreement is made and entered into by Washington Conservation District,hereinafter referred to as HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement,and this Agreement provides for the withdrawal or addition of PARTNERS to the East Metro Water Resource Education Program. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. B. PURPOSE WHEREAS,the PARTNER and the HOST have a common objective of educating the citizens of the Twin Cities east metro area about water resource,stormwater,and groundwater management in order to improve water quality;and WHEREAS,the PARTNER has identified a need for education assistance;and WHEREAS, 8 watershed organizations in Washington County have education components in their respective watershed management plans;and WHEREAS,25 communities,including multiple watersheds and the County,in Washington County are required to obtain a Municipal Separate Storm Sewer System(MS4)Permit from the Minnesota Pollution Control Agency(MPCA),which requires nonpoint source pollution education;and WHEREAS,the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations;and WHEREAS,the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements;and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. §§ 103A.206;and WHEREAS,the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD.3 and 7. NOW,THEREFORE,the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2019 to December 31, 2021 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PART ER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER,update the project budget,and distribute it to each PARTNER. 2019-2021 Shared Water Resource Education Program Agreement Page 24 of 92 Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual Workplan,Annual Budget,and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Workplan developed as described in Exhibit A. PARTNER-specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared,multi jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement,the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget,educational material expenses not otherwise paid for will not be incurred. PARTNER's annual contribution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER's governing body. In the'case that overall contributions of funding from all of the PARTNERS exceeds the budget in Exhibit B by less than 20%, the excess contributions will be used to fund additional educational materials or support staff. Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 20%,the PARTNERS have the option of having their proportional amount of the excess budget refunded or can direct the funds to be used for EMWREP activities. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure: County: $12,800/year Small Watershed Districts(Taxable Market Value<$1 Billion): $12,800/year Medium Watershed Districts(TMV$1-5 Billion): $19,300/year Large Watershed Districts(TMV>$5 Billion): $25,000/year Watershed Management Organizations: $6,300/year Large MS4 Cities: $2,700/year(Population>5,000) Small MS4 Cities: $700/year(Population<5,000) In-kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $12,800 of in-kind match to the program per year. As shown in Exhibit B, PARTNER contributions will be reviewed and adjusted on an annual basis,as needed. H. PAYMENTS 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined 2019-2021 Shared Water Resource Education Program Agreement Page 25 of 92 contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERS. I. EQUAL EMPLOYMENT OPPORTUNITY CIVIL RIGHTS During the performance of this Agreement,the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program,service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes,rules and regulations and as they may be amended. L. AUDITS,REPORTS,AND MONITORING PROCEDURES The HOST will: 1. Maintain records that reflect all revenues,cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours,and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. M. INDEMNITY No party to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision 1 a. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys' fees)to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party- N. lyN. INDEPENDENT CONTRACTOR 2019-2021 Shared Water Resource Education Program Agreement Page 26 of 92 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has,or will secure at its own expense,all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person,while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties.Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration. P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph O above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER'S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement-year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement,with the actual termination date falling on the anniversary date. Pro-rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER's termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A, the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro-rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual right to use,sell, license,publish,or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers,shall remain the property of the HOST. 2019-2021 Shared Water Resource Education Program Agreement Page 27 of 92 CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Oak Park Heights Annual Contribution Amount: $700 Contract start date: January 1,2019 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER HOST BY: BY: ................................................_ Board Chair Date ............_............ ............----------___. Title BY: —-------____------.r __-_------a- BY: WCD Manager Date Title Approval as to form and execution: Date 2019-2021 Shared Water Resource Education Program Agreement Page 28 of 92 EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire,employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space,office furniture,computer,transportation,and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection,Annual Workplan Development,and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment,staff,and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST,discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare,coordinate,and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan,including planning,implementing,evaluating,and reporting on such anticipated activities as presentations,workshops,in-field training,demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with"Watershed Partners"and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for web-based East Metro Water Resource Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report(which meets MS4 requirements)and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members ______ _____ __________________ _______ ______ _____ 2019-2021 Shared Water Resource Education Program Agreement Page 29 of 92 EXHIBIT B BUDGET Shared Water Resource Education Program-Washington Conservation District Annual Budget Staff Support and Overhead Expenses Materials Total $144,200 $10,000 $154,200.00 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS* *PARTNER contributions will be reviewed and adjusted on an annual basis,as needed and in accordance with the terms of the Agreement. PARTNER Annual Contribution SWWD $25,000 VBWD $19,300 BCWD $19,300 CLFLWD $19,300 CMSCWD $12,700 RWMWD $12,700 RCWD $3,000 Washington $12,800 County MSCWMO $6,300 Cottage Grove $2,700 Forest Lake $2,700 Lake Ehno $2,700 Hugo $2,700 Oakdale $2,700 Stillwater $2,700 Woodbury $2,700 Dellwood $700 Grant $700 Newport $700 Oak Park Heights $700 St.Paul Park $700 West Lakeland $700 Willemie $700 TOTAL $154,200.00 2019-2021 Shared Water Resource Education Program Agreement Page 30 of 92 Oak Park Heights Request for Council Action Meeting Date October 9",2018 Time Required: 5 Minutes Agenda Item Title: Qfty Hall—Securi and Do&Access Management Agenda Placement Old Business Originating Department/Request1— FV son Citv Administrator Requester's Signature Action Requested Discussionissible Action. Background/Justification(Pleas mdicate if any previous action has been taken or if other public bodies have advised): PLEASE SEE THEATTACHED MEMO Page 31 of 92 City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Hei-ghts,MN 55082-efhone 51 439-4439•Fax 651 439-0574 1015118 f MEMO TO: Mayor and City Council Me FROM: Eric Johnson,City Admini RE: Door Access and oZs, Updates In early 2018,the City developed a p by whi o' ement some updates and corrective actions to its security and door management system as replacement hardware is becomin cult to source and problems with the coordination between the door management and alarm systems were becoming difficult to mana .Accordingly,the City Council did form an ad-hoc Committee to investigate these issues, determine possible solutions and potentially implement necessary actions. The Committee included: Mayor McComber, Council Member Runk, Betty Caruso, Brian DeRosier, Andy Kegley, Jenni Pinski and Eric Johnson. After much investigation by this Committee and with additional input from a consultant with NAC,the Committee concluded that the causes of current issues in such systems stems from:the daisy-chain wiring methodology utilized during construction, the obsolescence of some hardware and the complex integration of the alarm and door management system.Therefore,solving these issues would require a broad action. Subsequently,the Committee did issue an RFQ in July 2018 that attempted to address all of these issues and would install a new system, re-run new cabling and correct any wiring defects and install a less complex system where the security and door management systems would be more independent. In June, City solicited over 10 vendors, received three formal responses and did narrow that down to two firms: LVC and Identysis. (one submission was rejected due to document compliance).Both firms are known to be competent in the field,provided proper references and their bids were quite comparable: $95,045 for LVC and$94,987 for Identysis. The Committee did receive a presentation from both firms about their software product and had an opportunity to ask questions about operations,access,data storage etc.Both firms offer a valuable product. City of Oak Park Heights LVC-Identysis What Is the Are there Multiple Annual Annual Annual Nemeof Vendorswhoran IntruslonAlarm Service Software Sof vare for service their What Is the Name of Monitoring RFQ-Quoted Agreement Agreement Door Access SOFTWARE Product for Alarm Agreement Toted-Svear Price Wats Costs P d7 (Droodetinw) Svs Costs Costs YES-Collins Electric Identysis $ 94987.00 $ for example-Not$ 86400 52 Proprietaryto Basch $ 912.00 $ 103,867.00 Identysis Yes-(NAC)for LVC $ 95,045.00 $ 0.00 $ 0.00 Avignon example-Not Bosch $ 360.00 $ 9r4845.00 proprietary to LVC NOTE:Both parties have discussed the concpets of altering theor monitoring costs and fees_this Is hard to compare_so these—taken at face value Recommendation of Committee: The Committee upon further vetting does propose that LVC be awarded the quote as the Committee believed that the LVC software (Aviglion)was more user friendly and would be slightly cheaper over a five-year period when supplemental licensing andlor fees are Included. The majority of the funding could be derived from the City current fund balance for the City Hall of$84,913 and which generally stemmed from remaining City Hall construction bond fund's accrued interest and the remaining portion from the City Hall Maintenance Fund which has a current balance of$161,061. If approved the City Staff would move forward with the project begin to schedule time with the Contractor and hope to have all systems installed by the and of the let Quarter 2019.(Draft copy of the Agreement and underlying RFQ is attached) Page 32 of 92 AGREEMENT DATE—When Fully Executed by the City below. AGREEMENT TO IMPLEMENT THE FOLLOWING: City Hall Security/Door Access Management System THIS DOCUMENT SERVES AS A FINAL AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS(THE CITY)AND LVC Companies.(THE CONTRACTOR). • The Contractor shall provide all services as delineated in the Request for Quotes dated 6119118 and as replied and returned to the City in the Bid Submission page in an amount not to exceed:$95,045.00.Contractor's submitted signed quote submission page and the issued Request for Quotes is attached and Incorporated into this Agreement as'Exhibit A'and unless expressly deviated from in this Agreement the RFQ shall prevail with its directives,requirements and Prevailing Conditions. • This Agreement once fully executed by the City shall serve as a notice of acceptance by the City of the Contractor's quote and shall also act as a'notice to proceed'by the City for the submitted price quote subject to the terms of the RFQ. • The Contractor shall complete all work as outlined in the RFQ at a cost submitted in the Contractor's quote not later than days from the City's signature dated below.Failure to complete all work by this date will entitle the City to withhold 5%of the contracted amount for each week thereafter(prorated daily).The City shall provide timely access to the property during regular working hours—M-F-8 am to 4:30 pm. Reasonable delays related to weather conditions shall not be unreasonably denied by the City but shall requested to the City promptly for prior approval. • Except for intentional or willful acts by the City,the Contractor does hereby release the City from any loss or liability incurred by the Contractor related to the disposition of the work at the site or on this project.The Contractor shall implement best management practices and industry standards to complete this project and will uppropriate caution to complete the work in a safe and efficient manner. • Upon execution of this document by both parties, any and all previous agreerrild are no longer valid. Unless expressly agreed to through a written agreement,no additional costs,proposals or commitmet�s are valid or biding upon the City. Except for the Quote Submission Page,the Contractors supplemental statements and conditions are invalid unless separately agreed to and in writing. • The Contractor shall provide proof of at least$1,000,000 General Commercial Liability Insurance naming the City as additionally insured and shall be affixed to this Agreement as'Exhibit B'. • The Contractor shall secure a local building permit from the City Building Official and follow all federal,state,county or other local laws that may be in effect related to the performance of this project.The City shall rebate the cost of any City issued permits back to the Contractor. Failure to comply with all applicable building codes shall result in the City withholding any payments until a final approval is granted by the Building Official. ACCEPTED: Date Signature for Contractor—Must be able to Bind Firm. Print Name Notary for Contractor Signature—Affix Notary Stamp Here a Date Eric Johnson,City Administrator Notary Page 33 of 92 "Exhibit A" To: AGREEMENT TO IMPLEMENT THE FOLLOWING: City Hall Security/ Door Access Management System Includes: 1. Quote Submission Page. 2. RFQ As Issued - 6.19.18 Page 34 of 92 "Exhibit B" To: AGREEMENT TO IMPLEMENT THE FOLLOWING: City Hall Security I Door Access Management System 1. Proof of Liability Insurance Page 35 of 92 M 'k City of Oak Park Heights Request for Quotes - City Hall Security / Door Access Management System ISSUANCE DATE: June 19th,2018 Last date of accepting Quotes: July 13th,2018—2 PM Pagel of 34 RFQ-City Hall/PW-Security-Access Page 36 of 92 City of Oak Park Heights Request for Quotes-City Hall Security/Door Access Management System. The City of Oak Park Heights is seeking the services of a contractor to provide and install all necessary services and equipment for the installation, activation and general operation of a City Hall Security/Door Access Management System—AKA—the"Project". PROJECT ELEMENTS REQUIRED: SEE APPENDIX A&B&C. PREVAILING CONDITIONS: 1. The Contractor shall include and provide the furnishing of all materials, equipment, labor, fasteners, permits, insurances, etc., to provide a complete and finished Project following applicable industry best practices and standards and as determined by the City. It is the Contractors responsibility to secure all necessary measurements, actual conditions and/or field/site verifications prior to submitting a quote. 2. Full Payment will be made once the City provides written final acceptance, as-builts and full Lien Waivers are provided. No partial or progress payments will be made. 3. Contractor must be a licensed Minnesota Contractor. Verification will be required should your firm be awarded the project. 4. Contractor must fully complete the Project in not less than sixty(60)days from the date of project acceptance by the City. The project acceptance date will be defined by the City providing a contractor a signed and notarized copy of the quote document and a final Agreement. Your quote is a binding legal document that you will complete the Project in the specified time frame and with stated conditions. 5. The City may deduct five (5) percent from amounts due for each day project is not complete beyond the 60-day requirement. 6. The City reserves the right to reject any and all submissions received for this project and for any reason. The City is sole entity that may determine a Contractor's qualifications The City is not responsible for any costs associated with preparing a quote submission to the City or for non- award. 7. Contractors are required to visit the site(s) and take relevant measurements prior to submitting a quote. 8. Contractors quote shall be valid for 120 days from date of submission to the City. 9. The City shall not execute or sign any agreements drafted or provided by the Contractor. The terms and conditions of the RFQ shall prevail. Page 2 of 34 RFQ-City Hall/PW-Security Access Page 37 of 92 10. The Contractor may not subcontract this work to any other firm without the written consent of the City. 11. The Contractor shall provide documentation that they are fully bonded and insured to perform the Project. All Contractors and staff or subcontractors may be subject to a full police background check and subject to the review and approval of the City. 12. All work shall be performed during the City's regular business hours—M-F 8:00 am to 4:30 PM. 13. The Contractor shall provide a BID SECURITY in the form of a CASHIER'S CHECK to the City of Oak Park Heights in an amount equal to 10% of their submitted quote but shall not be less than $5,000. This security shall be withheld by the City until the project is complete and fully accepted by the City. Non-selected bidders shall have these amounts refunded within 90 days. 14. The prevailing contractor shall be required to provide a PERFORMANCE BOND or CASH SECURITY(selected by the City) in a form suitable to the City that fully secures their work, equipment, and all aspects of their submission. 15. A final agreement between the City and Contractor shall be required prior to any work commencing. This agreement will include and require a full indemnification of the City should there be any loss incurred by the Contractor as it relates to this project. The Contractor, their staff or subcontractors will at no time be insured by the City. The City is not responsible for the health, safety and welfare for the Contractor, the Contractor's staff and/or sub-contractors. Follow all best site management practices. 16. Any items not reasonably anticipated to be included in the Proposal and/or issued RFQ in its shall be addressed based upon a time and materials basis following local industry standards and the Metro St. Paul, MN market costs. Any changes, additions or alterations shall be promptly implemented by the Contractor as directed(via the issuance of a written directive)by the Owner so as to not disrupt any timing and/or prompt execution of the Project. The Owner shall provide these directives in writing. The Owner and Contractor shall communicate regularly as to any necessary changes, additions or alterations. 17. If applicable, the Contractor shall secure, pay for and attain all required permits and inspections. No payments will be made to the Contractor until the City building official provides a final inspection deeming the project as fully compliant with the Minnesota Building Code. 18. The Contractor shall provide a two-year warranty and shall cover all aspects of construction including all materials, software, computers, hardware and all necessary labor. The warranty shall commence upon final payment by the City. 19. The Contractor is fully responsible for collateral damages to the worksite or facility including damages cause by Contractor's staff or approved sub-contractors. 20. The Contractor shall be reimbursed by the City for City issued permit fees. 21. The Contractor is responsible for damages to the City's property as a result of executing this Project, including repairs to buildings, walls, computer equipment, wiring, backfilling and restoring Page 3 of 34 RFQ-Clty Hall/PW-security.Amoss Page 38 of 92 of any additional grass or hard surface areas. Use care, best site management practices, and the right sized equipment for all project elements. 22. The Contractor would be responsible for any GOPHER-1 underground facility notifications and location of all underground facilities 23. Contractors are required to visit the site(s) prior to submitting a quote. A final contract between the City and the prevailing contractor will be required (incorporating the terms and conditions of this RFQ)including proof of insurance. 24. Note: APPENDIX B — General Site Plan and Internal Systems plan sheets are enclosed for general reference—All items and actual site conditions should be field verified by the Contractor. 25. Project location is noted on map below, and is 14168 Oak Park Blvd N. 26. DIRECT ALL Questions to Eric Johnson, 6514394439 PROJECT LOCATION IN OAK PARK HEIGHTS N 1116 .-..�e . : STIR 36 . I 'Tli i 3 ¢ _ N . 7 V . a: WESW C its°rf 0AL,Pink IIcip is - • 'I.�7lYNIla 47th !h .a •,77L►lll r su V' �.uY.1L.f... _ r"" . #, ,: y.. waxit�:a iccc• c.:,t, ,;r�x erx a �x +C *M IA L Page 4 of 34 RFQ-City Hall/PW-Security-Access Page 39 of 92 City of Oak Park Heights Request for Quotes-City Hall Security 1 Door Access Management System. QUOTE SUBMISSION PAGE—Due July M 2018 by 2 om —MUST BE SUBMITTED IN ORGINIAL FORM OWN vAWben9rbuW asIi961etW and B/e CRYAwm thedW to Gale Me RFOavem atanvtl W RETURN TO. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. PO BOX 2007 Stillwater,MN 55082 Print your Prices Clearly and in Ink/Type: Your Price Submitted Price for all items outlined in Appendix A&B&C and all items as outlined in the Prevailing Conditions: $ .00 <-Submit Price Quote Here ALSO: Bidders must include with their submission: 1.Bid Security(Cashier's Check)equal to 10%of their Submitted pricing or$5,000 whichever is greater. 2.Detailed Information about Firm 3.Complete ALL Elements Section 5.1 and submit as outlined. Signature: Date Your Name: Your Title: (the person signing this document must be an owner or executive of such firm eligible to bind the company to the project) Firm Name: MN State Contractor Lic.# (Firm must be a licensed MN Contractor) Phone# Acceptance by the City(Subject to final Agreement): Date Eric Johnson,City Administrator Date Notary Page.5 of 34 RFQ-City Hall/PW-Security-Access Page 40 of 92 APPENDIX A—PROJECT ELEMENTS—PARTS 1 to 5 PART 1 SUMMA.RV 1.1. SUMMARY 1. Provide a complete Physical Access control system(PACS)including equipment, installation and warranty for securing the Oak Park Heights city hall and public works buildings.Further follow the enclosed specifications and requirements. 2. Provide a complete intruder detection system including equipment,installation and warranty for securing the Oak Park Heights city hall and public works building.Further follow the enclosed specifications and requirements.The PACS and intruder detection system shall be operable as separate systems. 3. Note:The City is the OWNER and the term City or Owner may be used interchangeably when necessary as determined by the City of Oak Park Heights. 4. The Contractor is to provide all elements as outlined in Appendix A,B&C for the submitted pricing found on the Quote Submission page. Page 6 of 34 RFQ-City Hall/PW-Security-Access Page 41 of 92 PART 2 SYSTEM DESIGN REQUIREMENTS 2.1. PHYSICAL ACCESS CONTROL SYSTEM(PACS) A. Acceptable Manufacturer: 1. Hardware A. PACS control panels must be Mercury based and non-proprietary B. LifeSafety Power Mercury panel enclosures are required C. Any equipment manufacturer is acceptable for accessory hardware if its design and capabilities meet the requirements of this specification and as approved by the City 2. Software A. Any equipment manufacturer is acceptable if its design and capabilities expressly meet the requirements of this specification and as may approved by the City. B. SYSTEM DESIGN OVERVIEW 1. The Access Control solution shall be in the following form(s): A. Physical Access Control System Server a. Any communication,database or web server functions of the PACS must be installed and running on a local server. b. Server must reside in the Oak Park Heights city hall building server room C. Client software or web browser based End-user system management is acceptable—contractor shall provide either as required by the City and each shall be equal in pricing. d. Software or web-based system management must communicate with the onsite PACS server. Hardware/panel based(embedded)management systems are not approved B. The PACS hardware must be comprised of two headend equipment locations a. Oak Park Heights city hall building located at 14168 Oak Park Blvd,and related facilities at the adjacent Public works Building a. All PACS intelligent controllers and control panels associated with the city hall building are to be located in city hall server room. b. Usc of PACS controllers outside of the server room is not approved c. Reuse and addition of field electronic locking hardware power supplies is acceptable. b. Oak Park Heights Public works building a. All PACS intelligent controllers and control panels associated with the public works building are to be located in the security equipment area of the public works building. b. Intelligent controller(s)must communicate to the PACS server via standard TCP/IP network connection. Page 7 of 34 RFQ-City Hall/PW-Security-Access Page 42 of 92 c. Reuse and addition of field electronic locking hardware power supplies is acceptable. C. The PACS architecture shall provide scalability with no server hardware or software upgrades to support the addition of: a. Card readers and/or input/output points b. Intelligent controllers and control panels System Operation overview c. All setup,maintenance,and interaction with the system shall be accomplished with no interaction with the operating system or directory structure. d. Interfacing with the PACS server shall be via a web browser or software client. a. Browser based interfaces must have one single point of connection(IP address) e. The PACS server shall: a. Act as the central repository for all system configuration and activity. b. Enable distributed decision-making at the intelligent field hardware controllers. f. Control panels must maintain complete functionality during periods where communication is lost between a server and its associated intelligent hardware controllers. 2.2. INTRUDER DETECTION SYSTEM A. Acceptable Manufacturer are as follows: 1. DSC 2. Honeywell 3. Bosch 4. GE 5. DMP B. System Design Overview. 1. Protected areas A. The following areas must operate independently via logical partition or use of separate control panel: a. Oak Park Heights Police department within the city hall building b. Public works building adjacent to the city hall building B. Arming/Disarming keypads a. System design of keypad placement must allow for arming and disarming in a way that minimizes the risk of false alarms. b. Oak Park Heights Police keypads must be located I the following locations: a. Lower Level Garage b. Rear Police Stairwell Entry Page 8 of 34 RFQ-City Hall/PW-Security-Access Page 43 of 92 C. Public Works building keypads must be located I the following locations: a. Front Entry b. Rear Entry C. System and user management a. Client software or web browser based End-user(user arming/disarming codes) system management is required. D. The intruder detection system control panel(s)and expansion equipment shall be located in two areas a. Oak Park Heights city hall building a. All intruder control panels are to be located in city hall server room. b. Use of zone input modules located outside of the server room is not approved. b. Oak Park Heights Public works building a. Intruder equipment must be located in specified equipment area of the public works building. C. All intruder"zone"inputs shall use wired connections d. Use of wireless zone devices is not approved 2. System Operation A. The following distinct methods of system arming and disarming are required: a. Manually from partition keypad b. Automatically via pre-programmed schedule c. Manually from software or web interface B. Protected partitions/locations must allow the following: a. Complete independent operation of: a. Manual or automated arming and disarming b. Manual zone bypassing C. System user-management b. Cross partition functions are not required C. System must have entry and exit delay to provided adequate time to arm or disarm the system a. Entry and exit delay must be adjustable by the City D. Central Station monitoring a. Intruder detection system must be monitored 24/7 b. Communication with central station must use IP or cellular communication paths C. Central station must allow flexible response types per zones and alarm types. Page 9 of 34 RFQ-City Hall/PW-Security-Access Page 44 of 92 PART 3 TECHNICAL SYSTEM SPECIFICATIONS 3.1. PACS FUNCTIONALITY AND CAPABILITES A. PACS Alarm Control Functionality 1. For each alarm and event in the system,Administrators shall have the option to: A. Automatically send an email message to a recipient. B. Create distinct schedules that shall be able to be assigned to different alarm types. C. Create distinct action for an alarm including: a. Mass denial of credentials(lock down) B. PACS Building Access Restrictions 1. Access Groups—An access group shall consist of card reader and schedule combinations. A. The PACS shall allow credential holder access to secure areas based on a. Card reader b. Time c. Day 2. Schedules—The PACS shall support the creation of schedules: A. Schedules shall serve as templates for application parameters including,but not limited to: a. Access groups b. Masking devices c. Device modes B. Schedule shall have the ability to be assigned a predetermined interval. a. Each interval shall have the ability to be assigned to any day(s)of the week. b. Shall be assigned to function as holiday types. C. Schedules shall be downloaded to all related intelligent controllers for local processing and decision making. D. Schedules shall support conventional names up to 30 alphanumeric characters. 3. Holidays-The PACS shall allow specific dates and/or ranges to be defined as a holiday. A. The following parameters of the PACS can be temporarily altered,adjusted or suspended,including,but not limited to: a. Card reader modes b. An Identity's access rights C. Masking Schedules. 4. Card Reader Options-The PACS shall allow the following options to be defined for card readers in the system: A. Specify the off-line mode operations should the card reader lose communications with the intelligent controller. Page 10 of 34 RFQ-City Hall/PW-Security-Access Page 45 of 92 B. Extended Cardholder Door Held Open Time-The PACS shall allow a card reader's door held open time to be extended beyond the normal configured time a. PACS shall be able to define application of this functionality by a. Card reader b. Credential holder 5. Card Reader Scheduled Mode Overrides-The PACS shall support the ability for card reader modes to be overridden from the standard mode on a scheduled basis. 6. Multiple Card Formats-The PACS,intelligent controller,and card readers shall all support a minimum of 8 card formats,including but not limited to: A. Wiegand B. The PACS shall support any industry standard format that uses: a. A card number, b. A facility code, c. An issue code combination C. PACS Custom Function Abilities 1. Input and output linkages shall be capable on a panel level for custom programed actions without intervention from the PACS server 2. Server linkages with additional functionality not available from panel linkages shall be available with assistance from the PACS server D. Identity Management Functionality 1. Identity Management Integration-The PACS shall offer an integrated Identity Management and Enrollment functionality as part of the core system functionality. 2. Data Import-The PACS shall have to ability to import Identity records and their associated image in a standard JPEG format. 3. The PACS shall provide a pre-configured one-time import utility,using standard Comma Separated Value(.csv)or similar files that shall allow the import of Identity information. 4. Identity Enrollment-The PACS shall allow individual enrollment of identities.Each Identity shall allow entry of required and optional fields. 5. A Credential shall be created and assigned during enrollment by the Operator and without additional fees. 6. Credential Re-Issuance: A: The Operator shall be able to deactivate,activate and re-activate existing credentials. 7. Access group modifications or assignments shall be automatically downloaded to the appropriate intelligent controllers: A. Without Operator intervention B. Completed as a push communication immediately after an Identity record is saved. Scheduled,batch updated are not accepted. S. Credential Activation and Deactivation Dates-The PACS shall support activation and deactivation dates for all Credentials created. A. All access rights of a Credential shall be eliminated after the deactivation date. Page 11 of 34 RFQ-City Hall/PW-Security-Access Page 46 of 92 B. Should the Identity become authorized for access again,new access rights shall be applicable to the same Credential,and re-issue shall not be required. 9. PIN Codes-The PACS shall support up to 8-digit PIN codes. A. Each credential holder in the PACS shall have the ability to choose a PIN to be associated with their record. B. A credential holder's PIN shall have the ability to be changed should the original PIN code be compromised. 10. Credential Options-The PACS shall support industry standard pre-encoded physical credential options including listed,but shall be the final choice of the Operator without change in fee or cost A. Composite Credentials such as PVC cards B. Proximity Credentials including dual PVC technology that includes both proximity and magnetic stripe technology C. Contact Smart Credentials D. MiFare Credentials E. DESFIRE Credentials F. HID iClass Credentials 11. Multiple Active Credentials-The PACS shall allow Identities to have multiple active Credentials associated with their record. 12. Revoke Credential Access-The PACS shall allow Operators to revoke access privileges from a credential holder by updating that credential holder's Credential status. A. A Credential with Revoked access shall immediately stop functioning at all card readers. 13. Search Capabilities-The PACS shall have the ability to search Identities 14. Control Hardware Device Status-The PACS shall support real-time system status that depicts all field hardware devices configured. A. The real-time system status shall list at a minimum the following: a. Intelligent controllers b. Input Control Modules C. Alarm inputs d. Relay outputs e. Card readers f. The hardware status shall show the real-time status of all these devices(on- line vs.off-line,alarms activated,masking status,etc.). E. System Monitoring and Administration 1. Alarm and Event Logging-The PACS shall track and keep a comprehensive log of all alarm and event activity 2. Administrators shall be able to suppress certain alarms from logging during pre-defined scheduled times of the day. 3. Operator Accounts-The PACS shall support Operator Accounts. A. Each Operator Account shall require a unique user name password to access the system. Page 12 of 34 RFQ-City Hall/PW-Security-Access Page 47 of 92 B. Each Operator Account shall also be assigned a Role,which shall determine the permission level for that account,thus controlling what functions the Operator can perform in the system. 4. Operator Control of Field Hardware Devices-The PACS shall allow Operators to manually control the state of field hardware devices and their input/output points from the Alarm Monitor. A. Card Readers a. Manually control reader state or based on current schedule a. Unlocked b. Locked C. Pulse the Door Open d. Restore the Door to its Correct State B. Outputs a. Manually control reader state or based on current schedule a. Turn on b. Turn off c. Pulse outputs 5. The PACS shall utilize a last command wins methodology.For example:if an output is set to off due to a schedule and an Operator manually turns it on,then the output will remain on until it is manually turned off or until the next scheduled interval occurs. 6. Buttons in the Graphical User Interface(GUI)shall be available to control the operational state of the door including: A. Lock B. Unlock C. Grant D. Restore(normal operation) 7. Door Summary and Status Page-The PACS shall support a Door Summary and Status Page that shall display a list of all doors defined in the system.For each door in the system,the Door Summary and Status Page shall display: A. Current Door Mode B. Door Status S. Reports-The PACS shall support system,database and transaction reports. A. Standard PACS reports shall include the following or similar functioning reports: a. Audit Log Report b. Identity Report C. Panel Report d. Credential Report e. Transaction Report 9. System Backups-The PACS shall have the ability to backup and restore all user and hardware configuration data A. Backups shall be performed: Page 13 of 34 RFQ-City Hall/PW-Security-Access Page 48 of 92 a. Automatically on a predefined daily schedule b. Manually via the user interface B. Backups shall be stored on external physical drive(network or local) 3.2. INTRUDER DETECTION SYSTEM(IDS) A. IDS FUNCTIONALITY AND CAPABILITES 1. Intruder detection system must support A. Supports up to 80 zones. B. Supports up to 5 separate partitions. C. Supports up to 40 users. D. Support up to 8 keypads. E. Provides supervision of peripheral devices. F. Supports long-range radio(LRR)communication. G. Provides scheduling capability to allow for automated operations. H. Supports alarm reporting via Internet. 2. Area protection A. System must be partitioned or use separate dedicated control panels a. Must be expandable up to 5 partitions without upgrading hardware. B. Protected areas must be secured using industry standard device including but not limited to: a. Door Position switches b. Motion detection sensors c. Glass Break sensors C. Arming and disarming keypad a. Must have the ability to be partition/location specific a. Must not display information from other partition/locations b. Must not operate other partitions/locations 3. System administration—Intruder system must include management software or web portal for use by end-user. A. End-user software or web-based management interface must provide the following functions: a. Password protected access to the management software or web portal b. View listing of current intruder system user codes c. User codes must have custom alphanumeric"name"or similar field d. The ability to assign users to one or more partitions/locations e. The ability to disable a user's code f. The ability to disable a user's access to the software or web interface g. The ability to delete users Page 14 of 34 RFQ-City Hall/PW-Security-Access Page 49 of 92 4. Central station monitoring-Intruder system must be monitored for alarms at all times A. Control panel must be capable of transmitting the following a. ' Alarms with zone details b. Trouble/service with condition details C. Arming/open with user details d. Disarming/close with user detail e. Exit fault f. Timer test B. Communications must be sent via IP or cellular communications paths Page 15 of 34 RFQ-City Hall/PW-Security-Access Page 50 of 92 PART 4 EXECUTION 4.1. SUMMARY A. Provide installation,programming,testing and training for complete functional physical access control and intruder detection systems at the Oak Park Heights city hall and public works buildings. B. All installation and programming must be completed directly by contractor. Use of sub-contractors for security technology equipment installation and programming work is not approved. C. Any items not reasonably anticipated to be included in the Proposal and/or issued RFQ in its shall be addressed based upon time and materials basis following local industry standards and the Metro St.Paul,MN market costs.Any changes,additions or alterations shall be promptly implemented by the Contractor as directed(via the issuance of a written directive)by the Owner so as to not disrupt any timing and/or prompt execution of the Project.The Owner shall provide these directives in writing. The Owner and Contractor shall communicate regularly as to any necessary changes, additions or alterations. D. Any deviations from the specifications shall first require a CHANGE ORDER to be fully executed by the Owner and Contractor 4.2. INSTALLATION A. Cabling 1. All cabling to provide complete long-term functioning PACS and IDS systems must be provided by contractor and installed. 2. All cabling must meet or exceed all systems manufacturers requirements—proof of such shall be required to be provided to the Owner.Cabling shall be installed as generally referenced in Appendix C;doors and other devices may not be"daisy-chained"without the written approval of the Owner.The Owner may reject any proposed cabling and may require an alternative cabling without penalty or additional costs. 3. All cabling must meet or exceeded requirements set by current NFPA codes,electrical code,building code or any authority that may have jurisdiction. 4. Cabling must be run in workmanlike manner and properly supported,including wall penetrations.All Cabling must be used in accordance with its specified range and application—all subject to Owner verification. 5. Head-end cabling must be clearly labeled;Reuse or Provide and Install all needed raceways,sleeves and related fire blocking. 6. Physical Access Control system A. Bundled access control cabling or similar required to accommodate the following from head-end location to doors: a. Card readers with LED control b. Request to exits C. Double pole double throw door position switches a. Position status to both PACS and IDS d. Electronic locking hardware control and/or power Page 16 of 34 RFQ-City Hall/PW-Security-Access Page 51 of 92 e. Network connection for panel communications 7. Intruder detection system A. Cabling to accommodate the following a. Keypads b. Sirens c. Door position switches a. One four conductor cable to double pole double throw(DPDT)position switch for both PACS and IDS is acceptable on access-controlled doors B. Equipment 8. Physical Access Control system A. All control panels and equipment required for a complete functioning PACS, including those items listed in part B directly below(4.2.B.1.13),must be supplied by the contractor B. Reuse of the following equipment is acceptable if it is found in good order by the Contractor and verified with the City.The Contractor shall extend its warranties to any re-used equipment. a. Card Readers b. Request to exits C. Electronic Door locking hardware d. Electronic Door locking hardware power supplies e. Existing PACS server 9. Intruder Detection System A. All control panels and equipment required for a complete functioning IDS must be supplied by the contractor B. DPDT Position switches are required on all access-controlled doors C. Approval required for reuse of any equipment: a. Door contacts on non-access-controlled doors b. Security sirens 10. Software installation A. All server software required for functioning PACS and IDS must be installed by contractor.The contractor shall also provide all licensing for at least one year from the date of project acceptance,if it is an annual fee.The Contractor shall additionally provide the licensing if it is a flat fee. B. All client software required for functioning PACS and IDS must be installed by contractor C. Reuse of existing client workstations and PACS server is approved. 11. System Programming A. PACS a. The contractor must provide programming required for a complete functioning physical access control system. b. The contractor must complete the following programming within the PACS: a. Label doors Page 17 of 34 RFQ-City Hall/PW-Security-Access Page 52 of 92 b. Create access groups C. Create schedules for access and door auto locking/unlocking d. Create one year of holidays e. Import card holder database from previous PACS system f. Create master user for system management B. IDS a. The contractor must provide programming required for a complete functioning intruder detection system(IDS) b. The contractor must complete the following programming within the IDS: a. Label security zones b. Create independent systems or partitions • Oak Park Heights Police • Public works building C. Create master user for system management d. Establish communications with central station monitoring center via cellular or IP Communication C. Documentation a. As-built drawings including but not limited to following must be provided upon competition of the installation of both PACS and IDS: a. Control panel locations b. Field equipment locations c. Main Cable pathways b. User manuals for all installed control panels C. Installation manuals for all installed control panels and related equipment D. Power If necessary,the Contractor shall provide any necessary power supply as may be specified by the manufacturer's specifications to all systems,devices and equipment and shall be fully compliant with the electrical code.This includes including the provision of power to all new or current equipment,services,installation,permits, inspections,etc.The Contractor's use of"ethernet"or other cabling typically used for data,for any power supply is not permitted without the written approval of the City. E. Systems Training a. Contractor must provide comprehensive systems training in two forms a. Formal training with systems administrators • Training will cover all aspects of managing both the PACS and IDS b. Informal training with end-users • Training will cover day to day interactions with the IDS Page 18 of 34 RFQ-City Hall/PW-Security-Access Page 53 of 92 PART 5 CONTRACTOR REQUIREMENTS 5.1. CONTRACTOR BID REQUIREMENTS A. Bid submission must also provide contractors qualifications including but not limited to the following information: 1. Years in business 2. Number of employees 3. List of three references from Minnesota or Wisconsin entities of an equivalent or larger size building or project scope;ONE OF WHICH MUST BE FROM A PUBLIC AGENCY but must be from a city,county or school district. A. Include names,contact name and phone number or email address 4. Certificates from employee completed manufacturer training on proposed systems 5. Note:Background Checks will be ultimately required of all persons performing work and the City may in its sole discretion disqualify any individual who it deems not suitable for work within the City's systems.The Contractor shall provide any data requested by the City relative to such background checks. B. System Design Options 1. Intruder detection system bid must include door perimeter security. 2. Intruder detection system may include add-on option for interior detection devices,but such add-on may not require wholesale alterations to other systems,software,hardware or other devices. C. Reoccurring costs 1. Bid submission must also provide on a separate document or package any required, recommended or optional reoccurring costs for systems including but not limited to: A. Central station monitoring—(Also include monitoring firm name and details and a sample copy of planned agreement) B. Software service agreements C. Extended warranties D. Regular system testing E. Regular software updates F. Recurring Fees associated any operational duties the City may reasonably anticipate. G. Failure to provide such documents may result in such cost being deducted from any final settlement to the Contractor as determined by the City. D. Systems warranty and service A. Systems equipment,programming and installation shall be warrantied from defects for two years from date of completed installation,programming and training. B. Contractor must have a 24-hour on site response time for service or as approved by the Owner. Page 19 of 34 RFQ-City Hall/PW-Security-Access Page 54 of 92 APPENDIX B General Site Plan and Internal Systems plan sheets of the City Hall and Public Works Building are enclosed for general reference. While the City believes these drawings are reasonably representative of the current conditions all items and actual site conditions should be field verified by the Contractor prior to bidding in the event there is a conflict or question. Page 20 of 34 RFQ-City Hall/PW-Security-Access Page 55 of 92 '---'--- rEGEN-WC KEY NOTES lkt | -�---' ----- �---------- ----- ------ --- — — -------�---4 | Page onmeu � �� � �:,• �� �-f Vis:. � �''- �_�, El CEWERAL NOTES n �. ., ••. % w i#! ' IfEY WOTES — ''2, c. � u,t.� _ �r �"•V a n•i �s .. 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A + 1 . - m� .. atlwwq.NhwW 55178 FMA51c 651.756-7170 Fwb:6567$7471 MNh10s wwW.OalOc _ M+ l < MIIf traeg�5psr1�ww�b O � sum � p _ ® p-ja Oak Park Heights .Mr City Hall r— Oak PelgM ark Hs, m or ©" �. ! Mn_ M lra •a. NOTIFIER' Jab a«:29CM9 Drawn .M. �l Checked 9y:a.Hwwon Dake:)ub 31,2M dffib ' LJFl Alarm r, Wall-Maln Level — ° mem a Pu6Ac Works Bulldna FA- Page 68 of 92 APPENDIX C Rgure—1a y^Q:r,:tal cord access system f Access Control Panel f r Nre srx e. _. I; � ■rx ■rc Door 92 � Door 42 � CO)Qor 93 Door#4 7 Page 34 of 34 RFQ-City Hall/PW-Security-Access Page 69 of 92 THIS PAGE INTENTIONALLY LEFT BLANK Page 70 of 92 e Oak Park Heights Request for Council Action Meeting Date rte .92018 Time Required: 5 Minutes Agenda Item Title: NO WAKE Zone Request—Sunnyside Marina Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator 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): UPDATE: At this time, Staff has no new data to present other than to inform the Council that the enclosed letter was sent as requested to the MNDNR and to the Washington County Sheriff. These are the two key entities with primary enforcement jurisdiction and who have a regular presence on the water. More time will be necessary for any responses. Page 71 of 92 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007 Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 9/28/18 TO: Dan Starry,Sheniff,Washington County,MN Via EMAIL ONLY sheriff _co.washinoton.mmus Keith Parker,Central Region Director Minnesota DNR Via EMAIL ONLY keith.oarker0state.mmus RE: NO WAKE ZONE–Current Regulations/Enforcement. Dear Dan and Keith: The City Council for the City of Oak Park Heights has been recently petitioned by the Sunnyside Marina to express formal support for the establishment of a NO WAKE ZONE on the St.Croix River generally IN��� lying easterly of their facility as shown in the image. Sunnrsidell�era�a The City Council did hold a public hearing regarding such request and collected public commentary.As could be anticipated,both sides of the " discussion(pro NO WAKE ZONE and anti-NO WAKE ZONE)provided input and made valid points. However,where there did appear to be some common-ground among these two groups was that enforcement of current regulations related to the impacts stemming from WAKES may need to be more proactively �e n 23 Mi pursued; with the thought being that more engaged enforcement of current regulations may ameliorate some of the concerns of those advocating for a NO WAKE ZONE and perhaps so much so that further pursuit of a NO WAKE ZONE may not be practically necessary. Accordingly,we have two inquiries: 1. Could your respective offices please provide to the City,a report on the volume or incident of any enforcement actions (written tickets or citations or engaged in other formal contact)upon an Operator in this area that relates directly to the impacts of a WAKE... and/or perhaps more specifically... has your department /agency issued citations or other enforcement actions upon a boat Operator for violating 86B.311 (2).; or others as it may relate to the impacts a WAKE generated from their boat that damages property.Perhaps this data could be compiled since August 1,2018 and when a general NO WAKE was NOT In effect— (2)in a reckless or grossly negligent manner that causes personal injury to another or damage to the such as during times property of another; of high water. 2. We would appreciate any input that you could provide on this matter,the ability to address this WAKE IMPACT issue with such as 868.311 tool and; Could this be more pro-actively enforced and/or are there practical limitations which hinder enforcement? I would be very happy to answer any questions you may have and clarify this request if needed. Kind Regards, (/ — Eric Johnson City Administrator Page 72 of 92 1 Oak Park Heights Request for Council Action Meeting Date October 9th 2018 Time Required: 5 Minutes Agenda Item Title: Norrell Ave. & STH 36 EMntgge Road—Municipal Agreement Program Agenda Placement Old Busine Originating Department/Re estor• rri&Johns2nQtY Administrator Requester's Signature Action Requested Discussi n Possible Action In May, the City Council approved an action to complete a grant submission to the MNDOT Municipal Agreement Program to seek funding for the possible relocation of the frontage road at Norell Ave. The City has been awarded $644,000 out of a requested maximum of $710,000. At this time MNDOT is requested that the City provide an affirmative statement as to its continued desire to accept such funds. For the sake of further analysis as MNDOT funding can come with some conditions and use prohibition,STANTEC did review the anticipated cost rules and that summary is enclosed. In short,the City wants to be sure the funding can be reasonably allocated project elements—which generally appears to be the case. Therefore, Staff would recommend sending the enclosed letter to MNDOT-Mr. Phil Bergem. Recall,the estimated construction costs of this project are$1.6 million,with related soft costs and land acquisitions in addition to this—so more funding will be needed,but this is a positive start forward. Enclosures: Summary Information about the Municipal Agreement Program—Use of Funds Oct 1st MEMO Letter to Phil Bergem, MNDOT. Page 73 of 92 ® Stantec To: Lee Mann, PE From: Pat McGraw, PE St. Paul, MN St. Paul, MN File: TH 36 Backage Road Date: October 1, 2018 Reference: Assessment of MnDOT's Potential Cost Share Based on Interpretation of the MnDOT Cost Share Policy Pending written acceptance from the City of Oak Park Heights, MnDOT has selected the TH 36 at Norell Avenue project as a recipient of$644,000 in FY 2020 Metro Local Partnership Program Funds. In order to receive the funds, the City must first make a reasonable commitment to proceed with the project. The $644,000 from MnDOT may only be used towards items deemed by MnDOT to be eligible in accordance with MnDOT's Cost Participation Policy.Therefore, there is potential for an amount less than the granted amount to ultimately be eligible. To assist the Oak Park Heights City Council in their decision of whether or not to accept the funds and commit to the project,this memo provides an initial interpretation of what the eligible costs will likely be and whether those costs would meet or exceed the granted amount. Sections cited in the discussion below are from the Cost Participation and Maintenance Responsibilities with Local Units of Government Manual. Note: the Cost Participation Policy and the associated Manual are intended for MnDOT internal use and are"not intended to provide any claim or expectation of legal entitlement to financial participation except where MnDOT has specifically contracted at its sole discretion for such participation." Interpretations stated herein will ultimately need to be confirmed with MnDOT. Key Points Resulting from Review of MnDOT's Cost Participation and Maintenance Responsibilities with Local Units of Government Manual: 1, Studies and/or Desian Costs(II.C): MnDOT would need to agree to using additional funds for these costs and the City would need to hire a consultant through a competitive, open selection process. MnDOT would need to approve of the process and selection. Unless the grant amount will be significantly underutilized by construction costs alone, this would not be a worthwhile pursuit for the City. 2. RNV(II.C.2): Per September 17,2018 award letter from Phil Bergem, RNV costs will be a local responsibility. Per section II.C.2 of the MnDOT.manual, MnDOT participation in RNV acquisition costs could be possible, although the process to achieving agreement is unclear. Unless the City will be acquiring RNV which will become MnDOT property, or it is readily apparent that the full grant amount will not be spent on applicable construction costs, pursuing MnDOT participation in RNV costs will not be worthwhile for the City. Note: any RNV MnDOT will own or participate in cost of acquisition will need to be purchased according to MnDOT's rules. Following the MnDOT process is time consuming and costly. 3. Roadways(II.C.3.a):This section of the guide addresses the primary criteria regarding MnDOT's ability to participate in roadway construction costs. The following are excerpts of the fundamentally pertinent points. a. II.C.3.a.2.iii. Local Roadways: For costs to improve local roadways to adequately accommodate traffic tuming from the trunk highway onto a local roadway due to the addition of tum lanes on the trunk highway." ml.v:119381activeU938018281rep"4echnicaimportslcooperative agreement funding applicationlapplication of mndot_cost_share_poiicylmem_application of mndot_cost_share_policy.docx Page 74 of 92 ® Stantec October 1,2018 Lee Mann,PE Page 2 of 3 Reference: Assessment of MOOT's Potential Cost Share Based on Interpretation of the MOOT Cost Share Policy b. "MnDOT may participate in costs for reconstruction of local roadways at intersections with trunk highways to a design different from that of the existing roadway. MnDOT participation will be limited to those situations where the local roadway project directly improves the operation or safety of the trunk highway. MnDOT participation will be limited to costs associated with local roadway construction beyond the existing condition that result in net benefits to the trunk highway system. The benefits will be limited to crash reduction and delay reduction on the trunk highway that directly result from the local road improvement. MnDOT participation may not exceed 100%of the local roadway improvement cost." c. "MnDOT will participate in costs for roadway construction on local roadways necessitated by frontage road construction in the same proportion as MnDOT's responsibility for participation in the frontage road construction." d. "Cost participation for other non-traditional intersection mod cations will be determined on a case-by-case basis." Given the above language, it is possible that all of the roadway work could be deemed eligible for MnDOT participation, with the likely exception of the southem leg of the roundabout. 4. Drainage(II.C.3.c): Costs to perpetuate drainage associated with the roadway areas attributed to MnDOT benefit should be MnDOT costs. Costs associated with local roadways or locally desired system improvements would be local. Broader improvements needed to receive required agency approvals (such as regional ponding improvements)may be shared based on the overall cost share percentages. 5. Utilities(II.C.3.g): Cost of adjusting attributed to the party responsible for costs of the roadway work driving the adjustment need. 6. Aesthetics (II.C.3.f):Aesthetic improvements adjacent to the trunk highway(median between proposed roundabout and TH 36,frontage road ends, and potentially the roundabout)may be partially eligible. 7. Lighting(II.C.34: MnDOT may participate in lighting which is justified under the MnDOT Traffic Engineering Manual, meet recommended standards and are approved by the MnDOT District Traffic Engineer. SummarvlConclusions: See attached exhibit.The frontage road intersection is being relocated to benefit the .function of the TH 36 intersection. Therefore, costs of work fundamentally required to physically accomplish this improvement are eligible costs. The roadway and associated required improvements(utility adjustments, justifiable lighting, drainage, etc.)of the green shaded areas(areas 1 -5, &7) in the attached exhibit are eligible for MnDOT participation. It is possible MnDOT may see area 5 as the local road leg of an intersection and therefore a local cost.Area 6 (blue shading)is likely all local costs. Frontage road sections not required to be realigned but which will be turned back to the City(areas 3a&8)should be reviewed by the City and MnDOT to identify improvements to be made prior to tum-back.Agreed upon turn-back related improvements may also be eligible. Our interpretation of the MnDOT Cost Share Policy leads us to believe the majority of the estimated$1,626,256 in construction costs will be eligible.With a grant amount of$644,000, approximately 40%of the project would need to be eligible in order to consume the full grant amount. Consider also that on an area basis the stretch of roadway between TH 36 and the roundabout and the frontage road cul-de-sacs alone accounts for approximately 46%of the project. Therefore, pending ml v:1193ftc ivell938018281feportsltechnicalreportslcoopemtive agreement funding applicationlapplication_of mndot cost_share-jolicylmem_appiication_oL mndot_cost share policy.docx Page 75 of 92 ® Stantec October 1,2018 Lee Mann,PE Page 3 of 3 Reference: Assessment of MnDOT's Potential Cost Share Based on Interpretation of the MnDOT Cost Share Policy confirmation from the Municipal Agreements Engineer, it would be reasonable to anticipate the entire $644,000 will be utilized. It is worth noting that 8%of the$644,000 is assigned to construction engineering costs so less than the total amount would need to be eligible for construction costs participation to fully utilize the grant. We recommend the attached graphic be reviewed and expectations confirmed with the MnDOT Area Manager, and subsequently with the Municipal Agreements Engineer. Stantec Consulting Services, Inc. Pat McGm,, PE Associate Phone:(651)967-4655 Fax: N/A Pat.mcgraw@stantec.com Attachment: Sketch depicting anticipated eligibility for MnDOT cost participation c. N/A ml.r.119381act ll938Ol828VeportsVechnicalreportsXcooperaWe agreement funding applicationWpplication_of mndotrxeILshare_.policylmem_application_oL mndoLcosLshare_policy.docx Page 76 of 92 i • ., r r ,�. J ry 1 I � r P. 1 .• r • i 1"I F i' I. I o-�- tqq-. ffi • + fir, Y 41,k , a 16" a ° • 4Q ° i •: rr �., � r � ,•i ..".,l�, lye G e`._ a �� , n r City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 October 5th,2018 Mr. Phillip Bergem MNDOT—Local Partnership Engineer Office of State Aid 1500 W.County Road 132 Roseville,MN 55113-3174 RE: Successful Request for FY 2020 Metro Local Partnership Program Funding—Partial TH 36 at Norell Avenue(Control Section 8214) Dear Mr. Bergem: With this letter please be advised that the City would like to accept this funding with the reduced grant amount of $644,000 for the above project and as outline in the attached communication.We appreciate that notice and the decision as it with significantly help this area. At this time,we are not able to provide an anticipated project schedule,including 60%and 90%plan submittals and proposed bid date,however these are anticipated to be developed in more detail during the 1 a quarter of 2019. Plea 7mee k if you require anything further at this time. ind 7Edohnson,, Administrator ecopy: Lee Mann, Stantec Adam Josephson,MnDOT Area Manager Ryan Coddington,MnDOT Area Engineer Lars Impola,MnDOT Metro Traffic Kaare Festvog, MnDOT TSAM Page 78 of 92 DEPARTMENT OF Offwe of State Aid—Metro District TRANSPORTATION 15w west Co+mty Rd Bz ftosevr7le,MN 35113-3179 September 17,2018 Eric Johnson City Administrator City of Oak Park Heights PO Box 2007 Oak Park Heights,MN 55082 Re_ Successful Request for FY 2020 Metro Local Partnership Program Funding—Partial TH 36 at Norell Avenue(Control Section 8214) Dear Mr.Johnson, I am writing to inform you of the decision reached by the Fiscal Year(FY)2020 Metro Local Partnership Program Selection Committee regarding the above referenced project Your project was one of those selected from the 9 candidate projects submitted for consideration.The offer is for$644,000 for Construction related costs.This is $66,000 less than the$710.000 requested.The selection committee determined that there were three projects, including Oak Park Heights,which were of equal merit,but when added to projects already selected,exceeded the budget available.As a result these three projects each had the offers reduced to match the funds available. The funds are intended to construct a project as outlined in your proposal and may be used to supplement other applicable state and local funds being applied towards the project. The referenced funding amount is the maximum amount of MnDOT Metro Local Partnership Program(LPP) funding available for this project LPP funds can only be used for construction items that can be justified in accordance with the MnDOT Cost Participation Policy.if the cost of eligible items falls below this maximum amount,the funds awarded wili be reduced to match the cost of the eligible items.A copy of the MnDOT Cost Participation Policy can be viewed at I. if this funding is accepted byyour agency,you will be expected to provide project plans and specifications to my office that conform to the MnDOTTrunk Highway design format The Municipal Agreement Program Pian Preparation,Design and Construction Guide will be useful in project development and can be viewed at I� The project plans and specifications will be reviewed and commented on by MnDOT functional groups and by Central Office.We will provide the LPP process information upon request All costs for Right of Way acquisition,Utility Relocation(as applicable)and Prefiminary Engineering are the responsibirdy of the local agency. A Cooperative Construction Agreement will be written by MnDOT's Office of Technical Support and must be fully executed prior to award of the project To receive the funds,this project must be let by lune 30,2020.After that date the money may be unavailable to our office. Please reply by letter or email by October 1%2018 if Oak Park Heights would like to accept this funding with the reduced amount The written confirmation should include acceptance of the conditions of Right-of-Way,utility Page 79 of 92 Eric Johnson September 17,2018 Page 2 Relocation and Design along with the funding level proposed.if funding is accepted by the city,a project kickoff meeting will be set up before project plan development starts. if possible,also include with your acceptance letter an anticipated project schedule,including 60%and 90%plan submittals and proposed bid date. If you have any questions about the selection process or funding situation please let me know. Sincerely, V Phillip Bergem Local Partnership Program Engineer Metro State Aid ecopy. Lee Mann,Stantec Adam Josephson,MnDOTArea Manager Ryan Coddington,MnDOTArea Engineer Lars impola,MnDOT Metro Traffic Knare Festvog,MnDOTTSAM Page 80 of 92 Oak Park Heights Request for Council Action Meeting Date October 9th,2018 Time Required: 5 minutes Agenda Item Title: Wal-Mart Easement—FsoZge Road Ali pmgig Agenda Placement New Business Originating Department/Request o son 1 Administrator Requester's Signature Action Requested Wal-Mart Eas went—Fronta a Road Alignment Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Staff has spent considerable time engaging with WAL-MART to develop an easement document that would permit/allow the City to construct a re-routed frontage road;please see the attached DRAFT. Generally,the City is asked to pay$1.00 for the easement,however the City will need to invest during construction the costs associated with adjusting access points, islands for parking and to ensure drainage remains positive. We will need to continue to develop the final the best concept plan for Wal-Mart and their on-site traffic and that will be part of the final plan. Once this is fully executed,the City will have until 12/31/2023 to begin construction; if the City does not build this roadway,the easement is void. Requested Action. Staff is seeking general approval of the Easement document by the Council and permission to execute the Agreement when finalized between the City and Wal-Mart subject to any revisions required by the City Attorney. Page 81 of 92 MUNICIPAL UTILITY EASEMENTS AND AGREEMENT THIS INDENTURE, made this_day of 2018, by and between Walmart Real Estate Business Trust and Wal Mart Stores Ina 1861. (verify names&sites)(collectively the "Owner"), a corporation under the laws of the State of ,party of the first part; and the City of Oak Park Heights,Washington County, Minnesota, a Minnesota Statutory City, (the "City"). WITNESSETH: WHEREAS, both parties desire to undertake, effectuate and/or implement the Realignment Project, (the "Project'') of the south frontage roadway as generally depicted in Exhibit A with legal descriptions as it may impact lands of the Owner with PIN # 0502920210022 and 0502920120048. WHEREAS, the Owner is willing to convey any necessary lands as reasonably required by the City Engineer for public purposes for the development, execution and completion of the Project as generally depicted and shown in Exhibit A. Any such lands required by the City Engineer are approximately 1.45 acres and lying generally north or directly under the Northern States Power(Xcel Energy)Transmission Line and related easements. WHEREAS, the Owner warrants to the City that they have marketable title and fee ownership of the real estate hereinafter described for the two parcels, see descriptions for which is annexed to this document as Exhibit B and representative map. IT IS AGREED THAT: That for and in consideration of the sum of one dollar no/00's dollars($1.00)and other good and valuable consideration, the receipt of which is hereby acknowledged, the Owner has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights,its successors and assigns the following elements: a. A perpetual easement for a Municipal streets, roadways, sidewalks, trails and related transportation elements and for municipal utility purposes (water, sanitary and storm water utilities) with the right to enter upon the real estate hereinafter described at any time that it may see fit,and construct,maintain,repair and replace any lines,equipment, materials,or other items for municipal transportation or utility purposes,for the purpose of establishing, maintaining, repairing or replacing the said municipal utilities and transportation infrastructure over, across, through and under the lands hereinafter described,together with the right to excavate and refill ditches and/or trenches for the location of said Municipal utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public infrastructure. Page 82 of 92 b. The legal descriptions of the easements to be conveyed to the City are shown in Exhibit C but may be modified by the City upon completion of the Project as demonstrated by the"as built"survey prepared and secured at the request of the City; and any lands not reasonably required by the City as identified within the "as built" survey shall be released to the Owner. c. Upon the disturbance of the Grantor's property for any of the approved actions by the City, except for emergency conditions,the City shall provide reasonable notice of any pending work to be performed in such easement. d. The City warrants to the Owner that the Owner shall bear no street,storm or other utility assessments for the development of such roadway as generally depicted in the Project. e. The City shall restore impacts to parking areas and ensure reasonable interface and connections with the anticipated roadway alignment following proper engineering standards. f. Following typical development protocols as may be outlined in City Ordinance, the Owner will develop a plan to create reasonable access to the new roadway as shown in the Project for the potential development of an "out-lot" in the northeast area of the Owners current parking lot. The Owners access to the new roadway shall not be unreasonably withheld, conditioned or delayed by the City and shall follow the City established zoning ordinances. g. Except as may be precluded by law, the City is responsible for injury or damage to persons or property, arising in connection with the City's negligence in use of the above-described easements by the City or during any of the City's construction in the same manner as it has with any city street. h. Upon completion of the Project,the City shall verify all final right of way dimensions, develop final legal descriptions and shall finalize any necessary easement language alterations. i. If the City does not materially execute the construction of the Project by December 31St, 2023 the easements and land rights conveyed herein and this Agreement shall be void and of no effect. That said easement areas are located on the grounds of the Owner as the same is located in the City of Oak Park Heights, County of Washington, State of Minnesota, and is described as follows,to-wit: See attached Exhibit B In addition to the foregoing,the following commitments apply: 1. The City agrees to use due care in any use of the easement herein granted and, in the 2 Page 83 of 92 construction,installation,repair,replacement and maintenance either City's improvements or the easement area as provided for herein so as not to unreasonably disturb Owner's use of its property. If the City vacates the easement area which may only be triggered by a formal City Council action,the City agrees to return the easement area to its condition which existed prior to the installation of any of its improvements in the easement area,including but not limited to the replacement of any sod,landscaping,paving or other improvements that existed within the easement area prior to such installation or repair. 2. The City will forever waive and hold the Owner harmless for,and defend The Owner against, any third-party claims, causes of action, and suits which arise from the City's, its agents', employees'or invitees'acts or omissions,including but not limited to the use of the easement herein granted and will indemnify The Owner for losses suffered due to any such third-party claims,causes of action or suits. 3. The City further agrees that the City will at all times during the duration of this easement maintain general liability insurance wholly consistent with coverages applied to other City roadways, including their operations and maintenance, and to the extent as permitted under MN. Statute 466.04. The City further agrees, upon request to deliver to Wal-Mart a certificate(s) from an insurance company to Wal-Mart evidencing the existence of such insurance. 4. The City represents that it shall construct such roadway consistent with two-dimensional Concept Layout as found in Exhibit . Prior to any construction,the City shall provide final construction drawings to be issued by the City Engineer to Wal-Mart which shall generally consist of. (i) site plans (ii) utility plans (iii) grading plans including stormwater management; (iv) erosion and sediment control plans including rock construction entrances (to be in place prior to any construction), silt fence (to be in place prior to any construction) and other erosion controls required as required for the work on the Property("Development Plan"). Said Development Plan is to be prepared by certified/licensed architects and/or engineers. 5. Wal-Mart may have up to fourteen(14) calendar days after receipt of the final construction drawings from the City to comment on such drawings and may request alterations to the layout from the City for those items that are materially and significantly inconsistent with the Concept Layout; if the City Engineer concurs with Wal-Mart that certain elements do materially and significantly deviate from the Concept Layout,the City shall be responsible to implement corrective action as determined by the City Engineer or the City may cancel this easement agreement. TO HAVE AND TO HOLD, said perpetual easements and right-of-way unto the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, its successors and assigns, forever subject to the foregoing. The Owner does hereby covenant with the CITY OF OAK PARK HEIGHTS,that it is lawfully seized and possessed of the real estate above described. 3 Page 84 of 92 IN WITNESS WHEREOF,the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: OWNER By: Witness By: Witness Its STATE OF ) ss. COUNTY OF ) On this day of ,2018,before me,a Notary Public,within and for said County and State, personally appeared and to me personally known,who, being each by me duly sworn did say that they are respectively the and Of _ .... _....a corporation under the laws of the State of Notary Public 4 Page 85 of 92 IN PRESENCE OF: CTEV OF OAK PARD BF.T�UTS ___ _______---------___-__ By. Witness Mary McComber Its Mayor By. Witness Eric Johnson Its Administrator STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this day of ,2018,before me,a Notary Public,in and for said County and State, appeared Mary McComber and Eric Johnson,to me personally known,who being by me first duly sworn, did say that they are respectively the Mayor and Administrator of the CITY OF OAK PARK HEIGHTS, who executed the foregoing document by authority of the City Council of the CITY OF OAK PARK HEIGHTS, and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said CITY OF OAK PARK HEIGHTS. _------------ -- Notary Public 4 Page 86 of 92 EXHIBIT"A" Project Plans Land to Acgat far New Rkght-cfAfty tierlyawr [.a.-d.te� i WdH.rtF—J-+fail f.c ac C.uc as,a A•idpe�dki MdAft UC aai,a f 9-Aft UC aas ac . � i,# mcwcP3ucaiacwaPiuc mm: - ` - arcw�.usuc <nmx ei' as ftk a$: too f � ... Walmart Parking Lot Access oak FWktlagW KN . FreLiwf Caeerot5-Faratrorntmo v* Page 87 of 92 EXHIBIT"B" OWNERS LANDS Legal Description(s)of Parcels with PIN#0502920210022 and 0502920120048. Parcel 0502920210022: Legal Descriptions-TBD Parcel 0502920120048:Legal Descriptions- TBD .+gin ' I r NY: �".s►r s 'V N ... _ 0502920210022 4 "fit - " r llli4LMARTSTORESRIC 1861 9 ` " 0502920120D48 r V AL—MART REAL ESTATE BUSINESS TRUST, -x ti F -0 Page 88 of 92 EXIIHBIT "C" Legal Description(s)of Easements across parcels with PIN#0502920210022 and 0502920120048. TBD. Page 89 of 92 THIS PAGE INTENTIONALLY LEFT BLANK Page 90 of 92 Oak Park Heights Request for Council Action Meeting Date October 9a`,2018 Time Required: 5 Minutes Agenda Item Title: STH 36 Intersection Timing and Priorities Agenda Placement New Business Originating Department/Requestor: Mike Liljearen, City Council Member. 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): I would like the City Council to discuss the sending of a communication to MNDOT asking them to outline how they determine signal timing along STH 36 lying east of Stillwater Blvd. My concern is that not enough time is allocated for the north-south movements and how can this be better accommodated. In addition,perhaps the Council would invite some from MNDOT to present this rationale at an upcoming meeting. Page 91 of 92 THIS PAGE INTENTIONALLY LEFT BLANK Page 92 of 92