The URL can be used to link to this page

Home My WebLink AboutJune 21, 1999 Work SessionCITY Of COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION NOTICE OF COUNCIL WORK SESSION Mayor Gary L. Peterson Councilmembers Donald G. Jolly Marlaine Szurek Julienne FYyckoff John Hunter C~ t~an~r IValt Fehst Notice is hereby given that a Council Work Session is to be hem in the CITY OF COLUMBIA HEIGHTS ' as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: COLUMBIA HEIGHTS CITY COUNCIL MONDAY, JUNE 21, 1999 7:00 P.M. CONFERENCE ROOM I ~,: AGENDA Authorization to Award Bid for Carpeting of JPM Porch Area/Recreation Office Request for Extension of Time to Amend Comprehensive Plan JPM Hall Emergency Generator Authorization for the Consulting Firm of BR W to Begin Central Avenue Street Construction Plans Sign Maintenance Agreement - Minnesota Department of Transportation The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, To make arrangements. (TDD/782-2806 for deaf or hearing impaired only) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: June 28, 1999 ,) AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation _,,~ APPROVAL ITEM: REQUEST AUTHORIZATION TO AWARD BID BY: Keith Windschitl~ BY: FOR CARPETING FOR MURZYNHALL PORCH AREA DATE: June 17, 1999 ,'~' AND RECREATION OFFICE NO: BACKGROUND: The Recreation Deparlment is received authorization to seek bids for replacement of the carpeting in the porch area of the main hall and the Recreation Office in Murzyn Hall. Staffhas budgeted $3,000 for the porch area and $1,800 for the Recreation Office in accoun! 101-45129-5120. Originally when the budget was prepared for 1999, staff estimated the cost of a mid-range carpet. When carpet was selected this year, we decided to go with a high grade carpet that we feel will last longer and wear better given the large numbers of people that utilize Murzyn Hall. Due to the higher quality of carpet, the bids came in higher than we originally budgeted for. This additional cost will be covered by the $2,500 surplus from the low bid on the refinishing of the wood floor. Staff received three bids from three different floor covering companies. All three bids were to include installation and purchase of the same carpet selected by staff. The bids are as follows: 1. Anderson's New Carpet Design $7,378.32 2. Integrity Floor Covering, Inc. $7,358.50 3. Barbara-Leonard, Inc. $7,006.30 RECOMMENDED MOTION: Move to award the low, qualified, responsible bid to Barbara-Leonard, Inc. in the amount of $7,006.30 to purchase and install new carpet for the main hall and Recreation office of Murzyn Hall with funding from 101-45129'5120. COUNCIL ACTION: ANDERSON'S NEW CARPET DESIGN, INC. ?~)0 UNIVERSITY AVE NE FRIDLEY, MN 66432 ~1~471-484e FAX ~12-~714492 Estimate NAME I AODRESS COLUMBIA HEtM4T~ MEURZYN HAU. IN MiLL IT. N.E. COLUMBIA HE~HTS, MN M421 VINYl, BA~E IN OFFICE8 1~0 t40 ?0 RATE 24.S00~? l" 4.00 1.66 O.~t 'A t 1/'~1 PER MONTH ttRVIC~ ¢~ ON ALi. II)A~T AMOUNT~ 4,MI.1i 1,1X.00 2t7.00 1~0 U4 81GNATURE FLOORCCIVERING[~c- 41:5 WEST 60TH :>'I'REF. T · MINNF. APOLI$, MN 55419 PHONF. 6121861-7448 FAX 612/861-7436 PROPOSAL rl~M 1Lot NellO T574 f40 in the ~ area ~ the ~ hall tl.trdofl l,lbCN'. Regular wcx'king hours, QTY Va.q/yd. RA'I~ TO~ AL 5,664.,50 Quality b O~ Specialty Pr~s 10:9 -1999 1~: 41 INTEGRITY FLOORCC~ERING 612 861 74:~6 P.02 FLOORCOVERI~G~ 4'13 WEST 00TH STI~E'I' * MINNEAPOLIS, MN 55415 PHONE 611/861-7448 FAX ~ 12/861-7436 PROPOSAL DATE i P.O. NO. TER~8 PROJECT SALES REP! Net 10 Offioe A~a __8,~y ~ i~ transfli~. Othe~ to do take up ar~ 1 Lot 1,674.00 1,6711.00 Nole: Ca'pet has not been selecled ye~, and the~e is a $8.50 Prtroerbs 10:9 TOTAL P. 82 ********************************** QUOTATION *********************************** BARBARA-LEONARD, INC aka B-L-S CARPETS 601 CAMPUS DRIVE NEW BRIG~F~ON MN 55112-3498 Phone #: (651) 639-1499 Fax #: (653) 639-1377 QUOTE ~; 261877 DATE: 06/16/99 TERMS ARE: 2%/30 NET 31. DAYS SALESPERSON: BRUCE PAGE #: 1 To: CITY OF COLUMBIA HEIGHTS HENRY HENRY 530 MILL ST NE COLUMBIA HTS MN 55421 PHONE: (612) 978-7047 Ship to/Job Name: JOH~ P MURZYN HALL FLOOR FINISHES 530 MILL ST NE (HE~[RY) CO~MBIA HTS MN CODE QUANTITY DESCRIPTION $ PRICE $ AMOUNT * DEMOLITION BY OWNER. * SOCIAL HALL & OFFICES; 085 0.0 MR PREPARE FLOORS - BY OWNER 55.00 0.00 ~ FLOOR MUST BE READY TO APPLY ADHESIVES # WHEN INSTALLERS ARRIVE! 106 184.0 SY PALAZZO #]57140 12' CARPET 23.95 4406.80 022 100.0 SY ATRIUM ~150316 12' CARPET 9.90 990.00 081 284.0 SY INSTALL CARPET DIRECT GLUE 4.35 1235.40 071 144.0 LF INSTALL ROPPE 4" CB-737 BASE 1.65 237.60 113 78.0 LF INSTALL METALS & VINYL TRANS 1.75 136.50 ****~*MINNESOTA CO~I'RACT #400259~****** THIS QUOTE IS EFFECTIVE THROUGH 11/30/99 *****~*MINNESOTA CONTRACT #400259******* -A~C~NT MA'NAGE~. GI~ATURE Hourly Charges Are Per Man-Hour, Monday - Friday, Daytime Hours. Please Use The QUOTE ~ Above When Referring Subtotal $ 7006.30 To This Project. Sales Tax $ 0.00 QUOTATION Total $ 7006.30 ********************************** QUOTATION *********************************** [0 'a LL£[6~;9Z[9 'ON X~J S;1(la~3S"!8 6Z:§I (]31'1 66-91,-NI]r CITY COUNCIL LETTER Meetinl~ of: June 28~ 1999 AGENDA SECTION: Consent ORIGINATING DEPT.: ~ CITY MANAGER ~' APPROVAL NO: . C°mmunity Devel°pmen.~t~ .~['l ITEM: Request for Extension of Time to BY' Joe Hollman DATE: June 17, 1999{/~ NO: Amend Comprehensive Plan , Issue $~tement: The City is required to review its Comprehensive Plan for consistency with the amended Metropolitan Council policy plans and to prepare a revised Comprehensive Plan for submission to the Metropolitan Council. This is a request for an extension of time to complete the process. The original deadline for submission of the Plan to the Metropolitan Council was December 31, 1998. Met. Council extended that deadline to June 30, 1999. They are now providing an opportunity for a second extension to December 31, 1999. Much progress has been made in updating the Comprehensive Plan, however, due to the requirement to have our Comprehensive Plan submitted to adjacent jurisdictions for review and comment, our plan will not be ready for submission to the Met. Council by June 30. Accordingly, we are requesting an extension of this deadline (see attached letter dated June 14, 1999). Analysis: In order for the Metropolitan Council to grant an extension of the deadline date (State Statutes allow the Metropolitan Council to grant an extension), the Metropolitan Council must receive a resolution from the City Council as well as a completed request form (attached). Also, a model resolution provided by the Metropolitan Council has been revised to reflect the extension to December 31, 1999. Please note that staff anticipates having the Plan completed before the December 31 deadline. It is expected that the Plan will be submitted to adjacent jurisdictions in July and submitted to the Metropolitan Council in October. Recommendation: Staffis requesting City Council approval of the attached Resolution 99-66 and submission of the completed request form to the Metropolitan Council in order to grant the extension to the due date for submission of the Comprehensive Plan amendment. Reggmmended Motions: Move to waive the reading of Resolution 99-66, there being ample copies available to the public. Move to approve Resolution 99-66, being a resolution requesting extension of the due date to December 31, 1999, for review of the City of Columbia Heights Comprehensive Plan for consistency with amended Metropolitan Council policy plans. Attachments: Resolution 99-66; Completed Request Form; and, Letter from Metropolitan Council. COUNCIL ACTION: RESOLUTION 9966 BEING A RESOLUTION OF ~ COLUMBIA HEIG~S CITY COUNCIL REQUESTING EXTENSION OF ~ DUE DATE TO DECEMBER 31, 1999, FOR REVIEW OF ~ CITY OF . COLUMBIA NlrlGHTS COMPREI:i~NSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS WHRREAS, State Statutes (Minn. Stat. 473.175-473.871 (1996)) requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WI:r~.REAS, the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the City; and WH~REAS, the City of Columbia Heights is required to review its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by December 31, 1998; and WIlfREd, the City adopted Resolution 98-101 on November 9, 1998, requesting that the Metropolitan Council grant an extension to Sune 30, 1999, to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected SChool districts for review and comment; and, following approval by the Planning and Zoning Commission and after consideration by the City Council, submit the plan to the Metropolitan Council for review; and, WHEREAS, the City of Columbia Heights has scheduled and budgeted to complete a major review and update of its comprehensive plan by December 31, 1998; and has proceeded diligently to complete its comprehensive plan for Metropolitan Council review. NOW, TI~I~.REFORE BE IT RESOLVED that the Columbia Heights City Council requests that the Metropolitan Council grant the City of Columbia Heights an extension to December 31, 1999, to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected SChool districts for review and comment; and, following approval by the Planning and Zoning Commission and aRer consideration by the City Council, submit the plan to the Metropolitan Council for review; PASSED THIS.__ Offered by: Seconded by: Roll Call: DAY OF ,19 Mayor Gary L. Peterson Jo-Anne Student, Council Secretary REQUEST FOR EXTENSION OF p,~G PERIOD TO DECEMBER 31. 1999 Coawletod req~ fo~ mai ~ao~fag Re$olmton m~t be eecefved at ~e Metropolita:~ Council o.O~ce~ by .lane $0,1999~ or a~ soon therea~er as is practie~ C~ ty Community Name Name of Local Contact Person Fax (612) ot' Col umbta Hei gh ts Date or--ion Application June 29, Joe Hollman Phone ~12 ) 7a2-~SS6 1999 Yom, ~l~ovoes to ~e follo~ q~tioeis ~ p~ovfde ~ Meteopolffan Council with iafo~uuton needed to &el~ eas~e ~ coa~plation b~ December 31,1999. PLANNING PROCESS TIMELINE: Working backwards from 12/31/99, please provide the target dates for each step of the planning process identified below. No later ~ 12/31/99 - Date ofplan submission to Metropolitan Council October, 1999 - City Council/Tow~hip Board/County Board action September. 1999 - Public hearing date No later than 10/31/99 - Initiation of 60-day ~-view/comm~at period by adjacent jurisdictions and school districts duly, 1999 - Completion of draft plan text and mapping I I I PLANNING ISSUES: Please place a checkmaflc (/) next m the issues ideniified below thai are contributing to the need for the requested extension. S Su~ffwofldoad El Contract planner delays o OlS 0 MUSA ~xpansion issues 0 Area development or redevelopment plan(s) 0 Planning Commission/City Council/Board 0 Population, household, employment forecast issues 0 Sewer flow forecast issues 0 Cu~ stagin~ pten 0 Public participation process 0 Worksheet 'A" 0 Wo~ ~B' 0 Metropolitan Council density policy issues 13 Developmem of plan components: Fumre land use _Housing _ Staface Water __ Solar Access ~on __ Transportaiion Sewer Plan _ P k/op _ Water Supply Plan __ Aviation/Airport Plan __ Historic Preserv~on Plan __ Solar Access Protection ~ Impleme~tfion _ Critical Am~MNP~A xxOther Additional £na~neering Studies and D~ta needed to be obtained. -1- I FORECASTS: Please provide the information requested below to .the best of your ability at this point in your planning process. (Circle one) Yes /~N~] Have community population forecasts changed from the previous extepsion request? Have community employment forecasts changed from the previous extension request? If"Yes," to what ~ Have community wastewater flow forecasts changed from the previous extension request? If 'Yes,' to what extent? Yes ~ Have community estimates of vacant, developable land within the MUSA changed from the previous extension request?. If"Yes," to what extent? Yes /NoJ Have oomm~m~ty ~ of the amount of land needed to be added ~o MUSA changed from the previous extension request? If "Yes," to what extent? OTHKR CO~: Please provide any additional OOmm~ll~ appraisal of your community's ability to submit your updated plan for r~view by the 12/31/99 deadline. (Use additional sic--ts as necessary.) The draft of the C~prehensive Plan is nearly complete, and staff fully expects to be able roi have it completed and sent out to adjacent jurisdictions and affected school districts in July., lg99. V:~LIBRARY~COMMUND1APetm~Ext_ExecSum.doc MetroPOlitan Council Working .for the Region, Planning for the Future RECEIVED JUN 1 6 June 14, 1999 Mr. Kenneth Anderson Community Development Director City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 Re: Request for Extension of Time to Complete Review and Amendment of Local Comprehensive Plans Dear: Minnesota Statutes authorize the Metropolitan Council to grant extensions to local governments that require additional time to complete the review of and any amendment to their comprehensive plans, fiscal devices and official controls. In response to inquiries regarding extension of the current June 30, 1999 deadline for completing comprehensive plans, the Metropolitan Council has authorized staffto afford communities an opportunity to seek deadline extensions to December 31, 1999. As part of a request for extension, local governments are being asked to provide a timetable and a plan for completion of the review and update. Accordingly, I am enclosing with this letter an extension request form intended to provide the Metropolitan Council with information about your planning process so we can work directly with you on issues or conflicts you have " identified and to facilitate the completion of plan updates by the December deadline. A model resolution is enclosed, as well, which should accompany your request for extension. I would like to call your attention to some important issues for your consideration should the Metropolitan Council grant your community an extension to December 31, 1999: Thc comprehensive plan update must be submitted by December 31, 1999 with the mandatory 60-day adjutant juri'~licfion r~,ew process already completed. As such, the target date for plan completion and circulation will be October 31. e For those communities identifying conflicts in forecasts or obstacles to plan completion, you may be asked to meet with Council staff and/or your Council district representative(s) to resolve outstanding issues. For plans that cannot be completed by December 31, 1999, with the mandatory 60-day adjacent community review, additional administrative deadline extensions will not be possible, thus requiting special action by the Metropolitan Council to extend the .... -~ completion deadline on a community-by-community basis. 230 Fast Fifth Street AREA CODE CHANGES TO 651 IN JULY, 1998 st. Paul. Minnesota 55101-1626 (612} 602-1000 F~x 602-1550 TDD/TTY 291-0904 Metro Into Line 602-188~ -2- 4. Following submittal of your comprehensive plan update to the Metropolitan Council, no other amendments to your plan should be submitted until the Metropolitan Council has reviewed and acted on the plan update. 5. Be advised that an extension ofthe comprehensive plan completion deadline does not change any due dates for surface water plans or Critical Area/MNRRA plan funding agreements. If you have any questions regarding the form or the process for granting plan extensions contact your Sector Representative, Sandra Pinel, at 651-602-1513. Sincerely, Community Development Division Enclosures CC: James Nelson, Metropolitan Council Representative, District 10 Sandra Pinel, Sector Representative Tori Boers, Watershed Coordinator Jack Frost, Watershed Coordinator Judy Sventek, Watershed COOrdinator Thomas McElveen, Deputy Director, Community Development Division Richard Thompson, Supervisor, Comprehensive Planning V:q..IBRARYI, COMMUNDV~P~t~rs~xt..C'vrLIr.doc City of Columbia Heizhts Public Works Departmem Work Session Discussion Item Work Session Date: June 21, 1999 Prepared by: Kevin Hansen, Public Works Director/City Engine~________..~ Item: Emergency Generator at JPM Background: The City's Y2KCommittee has been meeting in preparation for Y2K. A discussion item has been emergency power at Murzyn Hall. In the event of any widespread power outage, there are no public facilities that can operate stand-alone, including the District 13 schools. Although this is an issue precipitated by Y2K, it should be recognized that emergency power at Murzyn could serve the City for any type of emergency such as storms, tornadoes, etc. where a shelter with cooking facilities can provide relief to the community. Considering the Y2K Contingency Plan and the City's Civil Defense Plan, an emergency power source at JPM was evaluated. Electricians have been contacted to determine the power load, connection, and transfer switch. All of the electricians stated that the window is closing on availability of generators of this size, likely by the end of June to place an order. The cost for a dedicated, on-site 80-100 KW generator would be in the $23,000-$25,000 range, with the hookup and transfer switch in the $6,000-$9,000 range. The Y2K Committee has researched sources and availability of large generators through rental companies, MN State Surplus and National Guard (reported in the 6/7/99 Y2K Committee Meeting Minutes) and has found there is not a definite source for a generator of adequate size. The Regional Mutual Aid Association does have generators available, up to 25 KW. The risk is that other area cities may be in the same conditions as what is driving our need. Requested Action: Authorization to install a permanent 100 KW generator at Murzyn Hall. Alternate: Authorization to install temporary power connection and transfer switch at Murzyn Hall to facilitate a future portable emergency power generator. City of Columbia Heiahts Public Works Department Work Session Diaeuuion Item Work Session Date: June 21, 1999 Prepm~ by: Kevin Hansen, Public Works Director/City Item: Central Avenue Street Reconstruction Project Background: The City of Columbia Heights was awarded a Cooperative Agreement f~m Mn/DOT in the amount of $500,000 for improvements to Central Avenue from 37* to 43~d Avenue. The Cooperative Agreement program is separate fi~m State Aid in Mn/DOT and projects follow their own development and approval time line. Analysis/Conclusions: The City received funding from Mn/DOT for fiscal year 2001 which allows funding to become available June 1, 2000 (or 1 to 2 months earlier with approval). To provide for May or June begin construction date, the preparation of preliminary plans and engineering report needs to begin now. A time line graph indicating the various steps, reviews and time frame has been prepared by Mn/DOT and is attached for reference. The Engineering Consultant Firm of BRW was hired by the City to perform the Central Avenue Traffic Study and also successfully prepared the funding application for this program. Because of their background, I would recommend continuing the work as described on the attached proposal. Development of Preliminary Plans is requested at this 6me to initiate plan preparation process and allow time for any recommendations from the Master Corridor Study being performed by SRF. Final plan preparation may then include streetscape improvements as developed through the Master Corridor Plan. Requested Action: Authorize preparation of an Engineering Report and Preliminary Plans for Central Avenue from 37* to 43~ Avenue based upon the work proposal by BRW; and, authorize the Mayor and City Manager to enter into a contract for the same. Attachment: Project Timeline BRW Proposal FY 2000 METRO DMSION MUNICIPAL AGREEMENT PROGRAM PROJ-ECTS LOCAL PROJF, CT Fundi. l Fmd~ blclude S.P. PROJECT LOCATION AGENCY TYPE OF WORK COMblENT$ Awlbbl~ ~ for C~'_~_ ! 4 mmmm dmm~ Mw Mmml. C'q ~dmi~ ,--- mm~ ~,q 11i ~ bm 0208.109 TH6S~BmklrL,BJIBh( NImLikt iqQidm...L~ 133MA~.m~-~_ - Ml~lllvd., S3?O.OOO Fm.~ md mmm~ dd~ 0201.112 Tl,liSiIlItlkLIMJI4J rr, mlJdld idladm&THJSdlmldiiJm. Fr~l'HiJjlffidorlud},. 1110,000 SII3._~.~v_ ioo4.27 ZumDM Yum S47,ooo ~.16 TH611C3AH = CU.~ Cm.~ ,,m M,r*,/um M I,~ .tis. d,/um SS29.000 Un,w__ Itiimd mdim, dmmuL, m 'm....' j.,.L .... ._ ~ _"*__:::.:.-- " r Nab _ L:~__ :-- ..... ' Ii' IIN~brFYMae SI40,0QC S1S1~__ .j?~-)~_.47 TH $l ll"q--..A--M. J2 4' ....... :'"~,.~,, J~ -'~--' lid .... q' ' "Jl'l'~'-": I--,-- ~.I- SJCI~,J 2t12*2'Y$ 1'3SW41'~---'LdmJ ...... ~' ' -L,..TmiI:-:.E-- ~ bill ' 'dlltl .... · ' SSO,0OJ 4 IVP i m CSAH I*1. 2T1~.112 iKVP ........ ml3M l- 2_r, ...-i.394 Clly~_. IllUMl~.z..;~M .... Ii$.00e 6201.Ti S~mBo~qr j SLPud btmj wmu. J 1100.01~ ?oo2.]s TH 21 ~J'nln2 J~fllm 42" IC~ muais bf4am fumd 42' C)4,. S20,Q00 Ut.mr Teed S2JI6,000 S2,999j60 o20~SOm4'Thm143ml.lS~fll I:hTd' 'btam'/imMAdmmudu~bm&md? Ptymmilbl~M0~redm~Abll~l tMn,nm S,M0,~ 0=I~S0 I-]SW O MI Atoll CnmF M&lkk ~maom 1001-SI TIi 41 f~ll TH 21j Io TH ! Ci~ d'CMIdl ,IdllJlJ 11J 41 J4,~0,~ Jl'y 3004 uMamn I 0el,.H TI141JlJTH ? Cil~ d'k WWmmmlml, J & mF rbd m la04~S , $1._m~_.am II.0e0.,w ~ut.6? TH]llmC°'m ~ DdmU Cal~ Idtdw k. mulm ,2722-S] TNHmCb. lkLr lis limllFilC4111~ .Mq41OTdlilll21d Sltdl.rJPY3000 nMaamr_~,__~ ~__~-__,2 THiOICSAH# ----_-,t~- -, i~,-- -, .i Ns- - .,__~=~_~:__:._mq, ~n . 6J21-~$14 THIIJ_'_--"-II ILPitd ,n.- '~--.. ........ mums FY 2001 METRO DIVISION JUN-18-1999 08:05 BRW 612 390 13~8 BRW June 18, 1999 "/04) Third Su'eec South G~2 ~TU 07~ 612 370 1378 Mr. Kcvin Hanson, PE Director of Public Works\ City Engineer City of Columbia Heights 637 - tSm Avenue N.E. Columbia Hcights,'MN $542 ! RE: Proposal for Preliminary ]D~i~n Services Central Avenue (TH 65) Improvement Project Dear Mr. Hansen: The followins proposal is offered for your consideration for preliminary design services for the Central Avenue (TH 65) Improvements pro.j.ect. Thc project includes the imple?entation ora consistent system of left mm lanes and medians on Central Avenue between 37'" Avenue and 4Yd Avenue. The project will atso include the removal of existing.on street parking along portions of thc roadway. BRW has previously assismcd the Cily with the preparation ora lVinU3OT Cooperative Agreement funding request for the project. Mn~)OT has selected thc project for $540,000.00 in Cooperative Asreemcnt funding for Fiscal Year 2001. Fiscal Year 2001 extends from July !, 2000 u~ June 30, 2001. Mn~)OT has stated that the project may b~ able to be advanced for a contract award in Fiscal Year 2000 if the plans and specifications are completed and approved earlier. In addition to the proposed roadway improvements, thc City is considering the inclusion of other work as a part of thc projcct. The additional work may include the following: Utility Improvements The City is considcrins the rehabilitation or replacement of existing watermain and sanitary sewer utilities in the project ar~, Landscaping\ Urban Design Improvements The City is considcring the addition of landscaping and othar urban design improvements along the Central Avcnuc corridor. The City is currently Working on a Master Redevelopment Plan for the corridor that will define the proposed Imuiscaping\ urban design improvements. The proposed Central Avenue romiway improvements will need to bc coordinmcd with these improvements. JLa-lB-1999 88:85 BRW 61~ 5~0 15~78 P.O3xl~ BRW Mr, Kevin Hansen 3une 18, 1999 Page 2 Central Avenue and 37~ Avenue Intersection Improvements The City would like to consider deSign alternatives to improve the safety and operation of the existing Central Avenue and 37'h Avenue intersection. This existing intersection is currently five legged, with Reservoir Boulevard being the fifth leg. The City is requesting preliminary design phase services only at this time. The preliminary design phase will include the further investigation of the additional work detailed above, the preparation of a preliminary roadway layout plan and the completion of an engineering report detailing the proposed improvements. This proposal does not include any final design or co~ruction administration services. As discussed, we will provide an additmnal proposal at a later date for these services once the scope of work for the project has been defined. The following is a summary of the proposed scope of work, estimated costs and schedule for thc complction of the preliminary design phase services. SCOPE OF WORK The following is a summary of the proposed scope of work for thc preliminary design phase of · the project based upon the discussions of our meeting on June 15, 1999. 1. Investigate Utility Improvements BR.W will meet with City staff to review the condition ofexisting watermain and snnitary sewer along Central Avenue between 37~h Avenue and 43'e Avenue, Based upon these discussions we will determine possible replacement\ rehabilitation alternatives and the associated estimated costs for this work. After the determination of the alternatives and cfsts, we will meet with City staff to determine the scope of the utility work to be included in thc project. We have assumed that any field review of the utilities or sanitary sewe~ televising work will be performed and\ or coordinated by City staff. 2. Coordination with Landscaping\ Urban Design Improvements BRW will meet with City rdaff and the consultant completing the Master Redevelopmcm Plan to determine the landscaping\ urban design improvements to be included along this section of Centrai Avenue. We have also assumed that we will at, end up to two public meetings for the Master Redevelopment Plan. We will determine the estimated costs for the landscaping\ urban design improvements after the scope of the improvements has been determined. JUN-18-1999 B8:B5 BRW 61~ ~ 15~B P.B4/B~ 'JBRW Mr. Kevin Hansen June ! 8, ! 999 Paic 3 Investigate 3'/t~ Avenue and Central Avenue Design BRW will develop lane geometry alternatives for the 37th Avenue and Central Avcnuc intersection assuming that the Reservoir Boult~t~rd connection to the intersection will remain. We will develop up to three alternative layouts that will tsarrow Reservoir Boulevard near Central Avenue and detail the impacts and necessap/revisions to thc cxisting sisnal system at the intersection. Turning radius requirements et the intersection will be consider'ed in determining the alternative layouts. We will also coordinate the proposed imcrsection improvements with the City of Minneapolis to match their lane geometry at the south leg otthe intersection. Prepare Preliminary Layout Plan BRW will prepare a preliminary layout plan detailing thc improvements included as a part of the project. We have assumed that the CitY will provide electronic ~rial topographic mapping information for usc as base mapping for thc preliminary layout. We have also asstnned that some additional field surve~ng work will be required to i'urthcr verify\ detail the existing conditions. A total of 24 hours of field surveying time has bc~n included in this proposal to complete thc field verification work. A large scale (1" - 30') drewiz,4~ of the preliminar7 layout will be prcpm-ed for use as a part of the public involvement process. Prepare Engineering Report BRW will prepare a preliminary ensineering report detailin$ the scope of work, preliminary estimated costs and schedule for the proposed improvements. The results of the investigatiom detailed above as work tasks I through 3 will be summarized in thc report. The report will also include a small-scale version of the preliminary layout drawing. We luvc assumed that we will provide thc City with twelve copies of the final en~ineerin~ report. Public Involvement BRW will attend up to three meetings with residents\ business owners and City staff to discuss the proposed Central Avenue improvements. We have assumed that tl~ese meetinF, s will be necessary to gather public input into the roadway design process. SUN-lB-1999 88:B6 BRW 61~ 5~ 15~B P. BSxB~ BRW Mr. Kevin Hansen June 18, 1999 ESTIMATED COSTS Wc propose that thc work be performed on an hourly basis. The following is a summary of the estimated costs to complete the work tasks identified above. Task Estimated Cost 2. 3. 4. 5. 6. Investigate Utility Improvements $ 2,000.00 Coordination with Landscaping\ Urban Design Improvements $ 2,000.00 Investigate 37's Avenue and Central Avenue Design $ 3,500.00 Prepare Preliminary Layout Plea $ 9,200.00 Prepare Engineering Report $ 9,800.00 Public Involvement Process $ 2,000.00 Total Estimated Cost S 25,500.00 It is estimated that reimbursable expcnscs in thc amount of $700.00 will bc incurred for items such as milcase, reproduction and delivery charges. Reimbursable expenses would be billed directly to the City with no BRW markup. We, therefore, propose to perform work identified in thc scope of work on an hourly basis for the total estimated not to exceed amount of $29,200.00 for ali labor and reimbursable expenses. Labor will be invoiced on a monthly basis using the attached hourly rate schedule. We understand that the City's currem construction cost budget (no engineering~ administrmive costs included) for the project is $750,000.00. This budget does nm include any utility, landSCaping\ urban design or 37~ Avenue improvements, The construction cost budget will be further defined as a part of the preliminnry design phase services. SCHEDULE The following is a summary ora preliminary schedule for the completion of thc preliminary design phase services. Kick-off Meeting\ Begin Work Complete Utility, Landscaping and 37* Avenue Investigations Complete Draft of Engineering Report Week of June 28, 1999 July 30, 1999 August 9, ! 999 JUN-18-1999 88:86 BRW 61~ 5~ 15'~8 P.B6xB? 'IBRW Mr. Kevin Nansen June 18, 1999 Page $ Engineering Report Presentcd to City Council at Work Session Public Hearing Accept Feasibility Report and Order Plans nad Specs August 16, i 999 To Be Iktermined September 13, 1999 The schedulc assumes that the City will provide the aerial topographic information by July 16, 1999. This infommion is needed to complete the preliminary layout plan. Thc completion of the preliminary design phase services in accordance with this schcdulc should allow the final plans to be completed and submitted to Mn'OOT for State Aid\ Cooperative Agreement revi~.w in late November 1999. This should allow the project to be bid in the spring of 2000 with construction starting in Ma~A June 2000. It should be noted that the schedule is very dependent on the Mn~)OT approval process and may vary depending upon the review schedule and the nature and extent of the review comments. If thc proposal is acceptable, we understand that a Professional Services Agreement will be prepared and executcd for these services. BRW would be happy to prepare a draft Professional Services Agreement for your review if you desire. Thank you for the opportunity to submit this proposal. We look forward to working with you and City staff.on the project. Please call if you have any questions or need any addilional information. Sincerely, BRW, Inc. Jori B. Horn, PE Vice President Copy: Jan Matn-tquist\ BRW · Bob Green\ BRW File JUN-18-199~ 88:B6 BRW 612 5~ 155'8 P.B~xO? · BRW Mr. Kevin Hansen June 18, 1999 page 6 BRW, INC. HOURLY RATE SCHEDULE JUNE 1999 CLASSIFICATION GRADE l? (SR. GRADE 16 (vP) GRADE 15 (VP) GRADE 14 (VP\ SR, ASSOC..) GRADE 13 (ASSOC.) GRADE 12 (SR, CON,\ STAFF 5) GRADE 11 (SR. CON.\ STAFF 5\ CON. 2) GRADE 10 (CONS. 2\ CONS. 1) ORADE E9 (CONS, 2\ CONS. 1) GRADE E8 (CONS, 1\ CONS. 2) GRADE N9 (STAFF d) GRADE NS (STAFF 4\ STAFF 3) GRADE 7 (STAFF 3) G~E 6 (STAFF 2) GRADE 5 (STAFF 1) GRAbE 4 (STAFF !) 3 PERSON SURVEY CREW 2 PERSON SURVEY CREW HOURLY BILLrNG . RATE $175.00 $160.00 $140.00 S130.00 SIO0.O0 90.00 80,00 65.OO 60.OO 55.OO $ 60.00 $ 55.OO $ 50.00 $ 40.OO $ 35.O0 $ 30.00 $125.00 $ 95.00 City of Columbia Hei_v. hts Public Works Department Work Session Discussion Item Work Session Date: June 21, 1999 £ngin~~~..~~ Prepared by: Kevin Hansen, Public Works Director/City Item: Request fFom Metro Transit for a Sign Maintenance Agreement Background: Attached is a letter and Joint Powers Agreement from Metro Transit requesting a maintenance agreement for bus stop signage. This is a form agreement that was initiated in 1998 with several Metro communities. Essentially, Metro Transit does not have maintenance forces to install, replace or maintain bus stop signage on their mutes. They are requesting cities to provide them with sign maintenance to be reimbursed at actual costs for labor and materials. The initial installation of new signage will occur over time, as City forces are able to perform the work. The City of Minneapolis, along with the Metro communities, has already executed the agreement and is in the process of sign replacement. Staff would recommend that additional time for ~corporating into our sign inventory program also be reimbursed as part of this agreement. Requested Action: Authorization to enter into a/Ioint Powers Agreement with the Metropolitan Council for the installation, replacement and maintenance of Metro Transit Bus Stop Sign age. Attachments: Metro Transit Letter Proposed Joint Powers Agreement MetroTransit May 12, 1999 RECEIVED MAY ! 3 1999 PUBLIC WORKS Mr. Kevin Hansen City of Columbia Heights 637 38th Avenue FIE Columbia Heights, MN 55421 Metro Transit is requesting that the City of Bloomington participate in a bus stop sign installation, replacement and maintenance program. I have contacted cities, served by Metro Transit, and breifly eXPlained the features of the requested program. For your review and your City's review, ! have attached the following documents: A Joint Powers Agreement between the Metropolitan Council and the City of Bloomington (2 copies) A Field List for example only. At time of construction a district supervisor will work with your crew and supply them with a completed field list as to the exact location of each bus stop sign. Metro Transit has no sign crew to install, replace or maintain bus stop signs. The attached Joint Powers Agreement sets forth the terms and reimbursement of a bus stop sign installation, replacement and maintenance program that would be performed by the City and reimbursed by Metro Transit (Metropolitan Council). Key provisions of the agreement are listed below: 1. The Joint Powers Agreement - sets forth terms and conditions of the work 2. Exhibit A - lists each sign location and specifies the sign replacement conditions 3. Exhibit B - summarizes the total number of signs estimating the quantities required 4. Exhibit C - calculates the estimated value of the contract, subject to actual field conditions A service of the Metropolitan Council 560 Sixth Avenue North http://www, metrotran$it.org Minneapolis, Minnesota 55411-4398 (612) 349-74(X) Transit Info 373-3333 TTY 341-0 An Equal Oppo~unity Empio,.,,er Council Contract No. ~ JOINT POWERS AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND TgK CITY OF COLUM3tWA ~T. IGSfT~ FOR INSTALLATION, REPLACEMENT, AND MAINTENANCE OF BUS STOP SIGNAGE ~ AGREEMENT is made this day of . ,19 , between the Metropolitan Council ("the Council'S), a Minnesota politi~ai subdivision, and the City of Columbia Heights ("the City"), a Minnesota municipal corporation. WHEREAS, the Council is authorized b~ Minnesota Statutes section 473.405 to construct, equip, and operate transit and paratransit systems in the seven-county metropolitan area; and W]~REAS, the Council has begun Capital Improvement Project Number 329 I, for providing new bus stop signs at all its bus stops, and route number and destination holders at selected bus stops; and WHEREAS, new and existing bus stop signs and related signs require ongoing maintenance and replacement, and Council route changes may necessitate moving the location of bus stops and bus zones; and WHEREAS, the City possesses the authority, skill, and expertise to install, remove, maintain, and retrofit traffic signs and sign-mounting structures within its jurisdiction; and WI~EREAS, the Council and the City desire jointly and cooperatively to provide for installation, replacement, and maintenance of signage, pursuant to Minnesota Statutes section 471.59, to serve the needs of residents and visitors who use transit. NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, the parties agree as follows: I. DEFINITIONS 1.01 CircleT Signs. "CircleT Signs" means the old bus stop signs removed by the City, bearing the logo-of a white "T" within a white circle on a red background. 1.02 HoMers. "Holders" mean units for displaying route number, destination and other transit service information at bus stops. 1.03 Holder Components. "Holder Components" means the holder units; mounting screws, nuts, washers, and bearing plates;'and tarnperproof clamps and screws with necessary keying tools. 1.04 Sign Components. "Sign Components" means the new bus stop signs and nylon washers. -1- Il. LOCATION OF BUS STOPS 2.01 Council Selection. The Council is responsible for selecting locations for bus stops and bus stop signage, and for providing the criteria for placement of bus stop signage. The Council will notify the City of the locations selected by the Council for bus stops and bus stop signage. If the City has concerns regarding a proposed location, the City will notify the Council in writing within ninety (90) days of the City's receipt of Council notice of the proposed location. The Council will consider the City's input in making the f'mal determination whether to implement the proposed location. If posting of a No Parking Zone is required, the Council will notify all affected property owners and appropriate District Council(s) and receive approval prior to requesting the City to install required signnge. 2.02 Access for People with Disabilities. The City and the Council will coordinate and consult regarding development ora plan for providing access to new bus stops in accordance with the applicable provisions of the Americans with Disabilities Act of 1990 and the regulations implementing the Act at 49 C.F.R. part 37, Appendix A, section 10.2. HI. INSTALLATION OF NEW BUS STOP SIGNS; CAPITAL IMPROVEMENT PROJECT 3.01 Location Lists. With this agreement, the Council shall provide to the City a preliminary bus stops list designating locations at which bus stop signage is required and designnting the locations at which Holders will be installed. Prior to commencement of the work, the Council will provide to the City a detailed, updated bus stop sign inventory as needed, with specific information on the signnge required at each bus stop location. The inventory is attached to this agreement as Exhibit A.. :3.02 Delivery of Bus Stop Signs and HoMers. The Council will furnish to the City Sign Components, consisting of bus stop signs and nylon washers for protecting the reflective front face of the bus stop signs, to be used by the City for installation of the signs. The Council will furnish to the City Holder Components, consisting of complete holder units and mounting screws, nuts, washers, and bearing plates; and tamperproof clamps for pipe installations and tamperproof screws for channel installations, including necessary keying tools. The Council will provide the City with a schedule for delivery of Sign and Holder Components. The Council will deliver Sign and Holder Components in substantial canons with each sign and Holder protected to minimize the possibility of damage. The City shall notify the Council of signs or Holders found to be defective within a reasonable time after receipt of a delivery. The Council shall replace quantities of defective Sign or Holder Components to the extent permitted by its reserve supply. The City shall not install defective Sign or Holder Components. / 3.03 Storage and Handling of Bus Stop Signs and Holders. The City shall inventory the Sign and Holder Components received and maintain the inventory showing Components installed and in storage. The City shall use due care in handling the C.omponents and shall store the Components in a secure and dry location, stacking them on pallets or using other storage means that provide for air circulation between the floor surface and the canons. The City shall not store the signs or Holders stacked flat. The City is responsible for loss of or damage to the Sign and Holder Components while in '~,~'s storage. T~e City shall not install damaged Sign or Holder Components. 3.04 Installation. The City shall be responsible for all work related to installing bus stop signs and Holders at locations in the City as designated by the Council in the bus stops list or bus stop sign invent6ry. This includes removal, recycling or disposing of materials, and repairs where necessary. The City shall provide all equipment, tools, and supplies necessary for installation, other than the Sign and Holder Components provided by the Council. The City shall be responsible for placement of the signs at the bus stops in a manner in compliance with the sign placement criteria furnished to the City by the Council. All hardware and other materials furnished and installed by the City shall be corrosion resistant, for exterior use, and of a quality at least equal to those us~! by the City for similar work. All hardware and other materials furnished and installed by the City shall be new and free from defects upon completion of the work. The City shall use the nylon protective washers furnished by the Council under the City's own metal ~vashers used in mounting the bus stop signs. The City shall install the protective nylon' washers directly against the reflective sheeting of the front face of'the bus stop signs. The City shall be responsible for recycling existing CircleT Signs removed under this agreement. 5.05 .Holder Installation. In installing Holders, the City shall use either Council-furnished safety, tamPer-proof hardware, or tamper-proof hardware selected by and acquired at the City's own expense. The City shall install Holders in a manner so as to maximize pedestrian safety and minimize vulnerability to vandalism. The City shall perform the installation of each Holder by (1) removing the top (or bottom) end cap and glass window, (2) mounting the Holder to the sign-mounting structure approximately $ feet, 10 inches (70 inch.es) from grade to the top of the Holder, and (3) replacing the glass window and refastening the top (or bottom) end cap to the Holder body. The City shall mount the Holder as labeled: "INSTALL HOLDER THIS END UP" to help insure that the bottom end cap (with its pre-fitted neoprene setting blocks for receiving the glass window) is at the bottom of the installed Holder. The Council shall be responsible for the installation of its own informational inserts in the Holder. IV. COMPENSATION FOR CAPITAL IMPROVEM~ENT PROJECT 4.01 Initial Worksheet and Proposal Sheet. The Council has prepared an initial Worksheet and an initial Proposal Sheet for the City's work related to Capital Improvement Project Number 3291. The initial Worksheet and the initial Proposal Sheet are attached to and incorporated in this agreement as Exhibit B and Exhibit C, respectively. The initial Worksheet and the initial Proposal Sheet display initial database quantities, application factors, projected quantities, and proposed compensation for the work to be performed. 4.02 Payment. The Council shall reimburse the City based on unit prices per task multiplied by quantities of tasks performed. 4.03 Compensation. The Council's estimate of reimbursement to the City is shown on the initial Proposal Sheet (Exhibit C). Quantities entered on Exhibit C are from March 1995 or a more current update of the Council's Ailstops database. Unit costs entered on Exhibit C are the Council's estimate of fair and equitable compensation for the work to be performed. 4.1}4 Invoice Requirements. Progress payments and cumulative total compensation to the City shall be in accordance with an approved Cost Tabulation Sheet in the format in Exhibit D attached to and incorporated in this agreement. The Cost Tabulation Sheet shall be completed by the City and submitted to the Council for payment as follows: Quantities entered on the Cost Tabulation Sheet shall be invoice quantities of actual work performed. Co Quantities entered on the Cost Tabulation Sheet shall not exceed quantities shown on Exh~it C unless so amended by prior written notification and mutual ar. ceptance by authorized representatives of the Council and the City. Unit cos~ entered on the Cost Tabulation Sheet shall be identical to the unit costs shown on Exhibit C unless otherwise approved in writing by an authorized repr"-~-~entative of the Council. d. Payment under this a/reement is subject to the following requirements: (i) Billings shall be submitted not more frequently than once per month. However, the Council encourMes the City to submit one billing upon completion of the work or progress billings at regular semi-annual or quarterly intervals. (ii) Invoices must include the Council contract number. ROUTINE REPLACEMENT AND MAINTENANCE OF E,~_STING BUS STOP SIGNAGE S.Ol Services. The City shall be responsible for installing, maintaining, relocating, and moving existing bus stop signs and new bus stop signs installed after the date of this agreement at bus stop locations designated by the Council. The Council shall provide the signs. The City shall supply the signposts, hardware, and labor and equipment required for routine replacement and maintenance of bus stop signs. 5.02 Compensation. The Council will reimburse the City for the reasonable costs incurred in connection with routine maintenance and replacement of signs. The City shall submit invoices to the Council not more frequently than once per month for the City's routine bus stop sign replacement and maintenance activities. Each invoice must contain the Council contract number and be supplemented by an accompanying and separate detailed description of the work involved; the labor and equipment used in the performance of the work; and the parts and materials furnished by the City. TERM AND TERMINATION OF AGREEMENT 6.01 Term. This agreement shall commence on the date of execution of this agreement and shall continue in force and effect until terminated in accordance with paragraph 6.02. 6.02 Temlnntion of AgFeement. Once the City has completed its responsibilities for Capital Improvement Project number 3291, or if the Council notifies the City that funds for Capital Improvement Project Nmnber 3291 have been depleted or withdrawn, the portions of this agreement providing for the performance of and payment for work for Capital Improvement Project number 3291 shall terminate. This agreement may also be terminated by either party without cause upon sixty (60) days' written notice to the other party. Vll. ACCOUNTING, RECORD, AND AUDIT REQUIREMENTS 7.01 Separnte Accounts. The City agrees to establish and maintain separate accounts for the work undertaken pursuant to article IH and article V. The City will maintain accurate and complete records and accounts relating to the receipt and expenditure of any and all funds paid by the Council under this a/~'ement. The City must maintain adequate records to document all invoices submitted to -4- the Council. All accounts and records shall be kept and maintained for a period of at least five (5) years following the tennination of this agreement. 7.02 Audit. As required by Minnesota Statutes section 16B.06, the records, books, documents, and accounting procedures and practices of the City and of any subcontractor relating to work performed purmiant to this agreement shall be subject to audit and examination by Council and the Legislative Auditor and State Auditor. The City shall permit the Council or its designee to inspect and copy all accounts, records and business documents, including those of any subcontractor, at any time during regular business hours as necessary to audit this agreement. Within thirty (30) days after completion, the Cit~ shall deliver to the Council a copy of any financial or operational audit of the work performed by the City done by the City or at its request or at the direction of any governmental agency or department. The Council shall have the right in its discretion to monitor, examine, and investigate all elements of the work performed pursuant to this agreement. VIII. GENERAL PROVISIONS 8.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the City. 8.02 Compliance with Law. In performing the work provided for in this agreement, the City agrees to comply with all applicable federal, state, and local laws. In particular, the City will be responsible for performing installation of bus stop signs and holders in compliance with the applicable provisions of: ao MINNESOTA MANUAL FOR. UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, current edition and as amended. bo MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION, current edition and as amended. MINNESOTA STATUTES CHAPTER 216D regarding excavation, location of underground facilities, notification of Gopher State One Calling System and precautions to avoid damage. Specific provisions in this article include, in part, certain standard terms and conditions required by the Depa~h,ent of Transportation ("DOT~, whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT to be passed to the City, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Notwithstanding anything to the contrary in this agreement, all Federal Transit Administration ("FTA") mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The City shall not perform any act, fail to perform any act, or refuse to comply with any Council requests which would cause the Council to be in violation of the FTA terms and conditions. However, no reference to DOT or FTA shall be construed to make DOT or FTA a perty to this agreement. 8.03 Project Management Responsibility. The City shall be responsible to furnish or secure, administer, and manage all labor, material, equipment and support for the accomplishment of thc work, except as expressly stipulated to be furnished by or as the responsibility of the Council. Under the terms of thi's agreement, the City has and retains full control and supervision of the services and full control over the employment, direct compensation and discharge of all persons assisting in the performance of its services under this agreement. The City agrees to be Solely responsible for all matters relating to payment of employees, including compliance with social security, payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employes and all other persons employed by it in the performance of any work or services required or provided under this agreement, shall not be considered employees of the Council and that any and all claims that may arise under the Worker's ComPensation Act of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of the City's or any subcontractor's employees or other persons while so engaged on any of the work or services to be rendered shall not be the obligation or responsibility of the Council. 8.04 Contact Persons. Upon entering this agreement, the Council and the City will each notify the 'other of the name(s) and telephone number(s) of contact persons for their respective duties under this agreement. The Council and the city shall each notify the other as soon as possible of any changes in the contact persons. If there are no changes in contact persons, by January I ofeach year this agreement is in effect, the City and the Council will confirm to the other that the information regarding the identified contact person remains vali~i. 8.05 Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The City's and the Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 8.06 No Waiver. Nothing in this agreement shall be interpreted as a waiver or release of either the Council's or the City's authority under Minnesota Statutes section 473.411, subdivision 5, pertaining to Council use of highways and other public roadways and roadway appurtenances. The Council reserves its rights to have Council staffor contractors install temporary or permanent signs where necessitated by route changes or weather detours, or as required to conduct its public transit and paratransit operations. 8.07 Equal Employment Opportunity; Non-Discrimination. In conjunction with the execution of its obligations, the City agrees that it and any subcontractors shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, natural origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, and shall take affirmative actions to ensure applicants are employed and employees are treated during employment without regard to race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, in all matters, including employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff, return from lay0ffor termination; rates of pay or other forms of compensation; and selection for training or apprenticeship. The City agrees that it will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the U.S. Department of Transportation, to the end that, in accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The City further agrees that it, and any subcontractors under this agreement, shall not discriminate against any qualified disabled person who is an employee or applicant for employment and shall take affirmative action to ensure that such qualified individuals are treated without regard to their disability in regard to job application procedures; hiring, advancement or discharge of employees; compensation; job -6- training; and other terms, conditions, and privileges of employment, pursuant to the Americans with Disabilities Act. In addition, the City agrees to abide by the,requirements of 49 C.F.R. Part 23, regarding minority (disadvantaged) business enterprises in DOT programs. Failure to carry out the requirements set forth in 49 C.F.R. section 23.43(a) shall constitute a breach of this agreement and, after the notification of the DOT,'may result in termination of this agreement by the Council or such remedy ns the Council deems appropriate. . 8,08 Permits, Bonds, and Approvals. The City is responsible for obtaining all applicable local and state licenses, permits, bonds, and authorizations necessary for performing the work in this agreement. 8.09 Federal Requirements. The City acknowledges that this agreement is subject to FTA requirements for third party procurement. The City acknowledges that, if the City subcontracts the work provided for in this agreement, the City 3~-ill conduct any subcontractor solicitation and require performance of subcontracted portions of.this agreement in compliance with applicable FTA requirements, including requirements of the Davis-Bacon Act, the Seismic Safety requirements of 42 U.S.C. §7701, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act. The City shall seek assistance from the Council in determining the applicability of'these Federal requirements for any subcontracted work to be done under this agreement. 8.10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. If'this agreement is in a total amount exceeding. $100,000.00, by signing this agreement, the City certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this qreement by any Federal department or agency. This certification is a material representation of fact upon which the Council relies in entering this agreement. If it is later determined that the City knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The City shall provide to the Council immediate written notice if'at any time the City learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The City further certifies that it will comply with the requirements of.49 C.F.R. section 29.510 and obtain the required certifications before entering into any subcontracts over $100,000 using funds provided through this agreement, and submit copies of the subcontractors' certifications to the Council. 8.11 Certification of Restrictions on Lobbying; Disclosure. If this agreement is in a total amount exceeding $100,000, the City certifies that no federal appropriated funds have been paid or will be paid by or on behalf of'the City for influencing or attempting to influence an officer or employee of' any federal agency, a member of Congress, an officer or employee of Congress, or an employee ora member of'Congress in connection with the awarding of'any federal contract, the making of'any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of' any federal contract, grant, loan, or cooperative agreement. A certification of'this compliance is attached to and made a part of'this agreement as Exhibit E. The City further certifies that, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an of~cer or employee of'any federal agency, a member of'Congress, an o~cer or employee of'Congress, or an employee of'a member of Congregs in connection with the projects funded by the funds allocated to the City in this agreement, the City shall complete end submit to the Council, Standard Form-LLL, "Disclosure Form to Renort LRllb.YJIlg,' in accordance with its instructions. -7- The City certifies that it will require the language of this certifw, ation lm included in the award documents for any subcontracts in excess of $100,000.00 under this a~reem~nt, and that all subcontractors shall certify and disclose accordingly to the City. The certificztio~ referred to in this article and attached and made a part of this a~e~ment are material representations of fact upon which the Council relies when this agreement is made. IN WITNESs WI~.REOF, the parties have utused this agreement to be executed by their duly- authorized representatives. CITY OF COLUMB~ HEIGI1TS By Its Date Approved as to form: Lynn M. Belgea Associate General Counsel METROPOLrfAN COUNCIL By James $. Solem, RegiOnal Administrator Date -8- EXmMT E Lobbyin~ Restriction Certiflcttion (Printed name and title of authorized official) , hereby certify on behalf of the City of Columbia Heights that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any parson for influencing or attempting to influence an officer or employee of any agency, a Member of Consress, an officer or employee of Consress, or an employee of a Member of Consress in connection with the awarding of any Federally funded contract, the making ofany Federal srant, the making of any Federal loan, the entering into of any cooperative aS;reement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any qency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, Brant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including s_ubcontracts, subgrants, and contracts under grants, loans, and cooperative afpeements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S100,000 for each such failure. Executed this day of ,19 By: (Signature of AUthorized Official) (Title of Authorized Official) Attest: E-I