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2018-10-02 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA October 2, 2018 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approve September 18, 2018 City Council Minutes b. Acknowledgement of June 20, 2018 Airport Relations Commission Meeting Minutes c. Approve Resolution 2018-76 Supporting the Dakota County 2019-2023 Capital Improvement Plan d. Authorize Storm Sewer Improvements at 531 Marie Avenue and Valley Park Trail e. Approve Resolution 2018-75 Acknowledging The Receipt of a Donation to the City f. Acknowledgement of August 2018 Fire Synopsis g. Approval of August 2018 Treasurer’s Report h. Approval of Claims List i. Authorize Grant Application for Fire Department Equipment 6. Citizen Comment Period (for items not on the agenda) *See guidelines below 7. Public Hearing - none 8. New and Unfinished Business a. Authorize Contract for Construction Manager for Fire Station Remodel 9. Community Announcements 10. Council Comments 11. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Monday, September 17, 2018 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilors Duggan, Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of the documents, pulling items e.) Approve Community Service Officer Hire and k.) Approve Resolution 2018-74 Provide for the Sale of $1,125,000 General Obligation Bonds Series 2018A. a. Approve August 21, 2018 City Council Minutes b. Approve September 4, 2018 City Council Minutes c. Acknowledge August 15, 2018 Parks and Recreation Commission Minutes d. Approve Resolution 2018-71 Support of a MN Innovation Loan for Entrepreneurs (MILE) Application to Poma 22, LLC from MN Dept. of Employment and Economic Development e. Approve Community Service Officer Hire f. Accept Resignation of Firefighter g. Approve Ordinance 532 Amend Code Regarding Right-of-Way Management h. Approve Ordinance 533 Amend Code Regarding Seasonal Weight Restrictions and Weight Limits i. Approve Resolution 2018-73 Award Contract for 2018 Sanitary Sewer Rehabilitation j. Approve a Purchase Order for the City Hall Lower Level Sidewalk Replacement k. Approve Resolution 2018-74 Provide for Sale of $1,125,000 General Obligation Bonds Series 2018A l. Approve Animal Impound Agreement - South St. Paul Animal Hospital page 3 m. Approve Building Activity Report n. Approve Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM E) APPROVE COMMUNITY SERVICE OFFICER HIRE Councilor Duggan stated that it was nice to see a sainted person coming on board with the name of Katie Saint. It was also nice to see the City getting up to a full staff in the police department. Councilor Petschel pointed out that Ms. Saint has outstanding qualifications. Councilor Duggan moved to approve the hiring of Katie Saint as Community Service Officer, with a starting hourly rate of $18.89. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 K) APPROVE RESOLUTION 2018-74 PROVIDE FOR THE SALE OF $1,125,000 GENERAL OBLIGATION BONDS SERIES 2018A Councilor Duggan acknowledged receipt of this resolution. Councilor Duggan moved to adopt RESOLUTION 2018-74 PROVIDING FOR THE SALE OF $1,125,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2018A. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) HENRY SIBLEY HIGH SCHOOL ALMAS GROUP The ALMAS (Anglos Latinos Motivated to Succeed) Group from Henry Sibley High School expressed their appreciation to the Council for passing an ordinance prohibiting the sale of flavored tobacco products in Mendota Heights. Walking into a convenience store and seeing empty shelves where flavored tobacco products used to be makes them proud to be a part of a community that is willing to make the health of the community – and the young people – a priority. They are excited to continue to work with the Council in raising the age limit to purchase tobacco products to 21 years. The Councilors expressed their support of the ALMAS Group and their efforts in raising awareness of the harmful effects from tobacco. page 4 B) ADOPTING PRELIMINARY BUDGET AND LEVY Finance Director Kristen Schabacker shared the following points regarding the preliminary budget: • The proposed levy is $9,435,150; representing a 9.82% increase from fiscal year 2018 • The 2019 budget for all funds is just over $15M • The taxable market value for the city is just over $2M, an increase of 5.94% from 2018 • The proposed city tax rate is 39.275, up from 37.826 in 2017 • The average residential home value increased by 0.1% from last year • The median home value in 2019 is $380,230. The home valued at $361,780 last year would have paid $1,412 in city taxes; that home this year would be valued at the median and will pay $1,537 • The property tax increase will be approximately 8.84% for the city’s portion o Includes an amount for the fire station remodel – the first bond payment is included in the levy, which is part of the reason why there is a 9.82% increase o Had the fire station not been remodeled, the levy increase would have been 2.58% • New in 2019: o The fire station remodel o Parks maintenance worker position scheduled to start in April 2019 o Increased revenue from field usage fees o Police officer budgeted for the entire year; position started mid-year in 2018 o Natural Resources position was a partial year in 2018 and will be a full year in 2019 o Increase for the firefighters pension o Cost of living adjustment included in employee wages o Included a 5% increase for the city’s contribution to insurance for employees • Capital items discussed at the budget workshop are not included in the levy but will be paid for out of the general fund reserves o Rifle replacement for the Police Department o Policy body cameras and squad cameras o Fire chief vehicle o Public Works gate o Street Department truck o Two mowers for the Parks Department o Parks registration software Tax Levy Comparison 2018 Final to 2019 Proposed • General Fund – increased 3.68% • Fire Relief – increase 12.5% • Fire Station – increased 100% (from $0 to $519,932) • Special Levies – increased 4.61% Ms. Schabacker reiterated that changes can be made to the preliminary budget prior to the adoption of the final budget in December; however, the preliminary levy cannot be increased once it is certified to Dakota County in September. The budget may be increased if funded by sources other than the property tax levy. In November, Dakota County will send out the proposed property tax amounts based on the preliminary levy adopted in September. The final budget and levy will be discussed at the Council meeting on December 4, 2018. The final levy needs to be certified to the County no later than December 28, 2018. page 5 Councilor Duggan requested that the preliminary budget be posted on the city’s website; which Ms. Schabacker agreed to do. Councilor Duggan encouraged the Council to seriously think about a larger increase in IT as it becomes an area of greater need for the city and to consider hiring an IT staff member in the near future. Councilor Miller moved to adopt RESOLUTION 2018-66 APPROVING PROPOSED 2018 LEVY COLLECTIBLE IN 2019. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 Councilor Miller moved to adopt RESOLUTION 2018-67 ADOPTING 2019 PRELIMINARY BUDGET. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 Councilor Petschel moved to adopt RESOLUTION 2018-68 APPROVING FINAL 2018 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2019. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC HEARING A) NPDES PHASE II STORM WATER PRMIT – ANNUAL PUBLIC HEARING Public Works Director Ryan Ruzek explained Mendota Heights is a holder of a Municipal Separate Storm Sewer System (MS4) permit. The requirement of holding this permit is that the city holds a public hearing annually. This public hearing is in relation to activities the city undertook in the 2017; however, all of the permit requirements are still the same. As an MS4 permitee, the city is required to meet six components, or minimum control measures, of its Surface Water Pollution Prevention Program (SWPPP): Public Education and Outreach, Public Participation/Involvement, Illicit Discharge Detection and Elimination, Construction Site Runoff and Control, Post-Construction Runoff Control, and Pollution Prevention/Good Housekeeping. Mr. Ruzek explained how the city addresses these components through the Best Management Practices. Councilor Miller asked for additional information on the pond management plan. Mr. Ruzek explained the sediment removal project. Currently, the city has a consultant looking at pond improvement at Wentworth Park. Two ponds are proposed to have sediment removed and improvements made as part of the Marie Avenue project next year. The city is hoping to complete two pond projects per year. Councilor Miller asked what process is used to determine which ponds to include each year. Mr. Ruzek replied that at its September 4, 2018 meeting, the City Council adopted the Surface Water Management page 6 Plan, which included a model that showed phosphorus removal efficiencies. Staff would also take a look at pond sizes to see which ones they could get the most bang for the buck from. He listed additional potential considerations. Councilors asked questions regarding alternative treatment options, potential setbacks or unforeseen issues, funding and grant considerations, aesthetics and water activities in the future, and the smell coming from Copperfield Pond. Mr. Ruzek addressed each question. Mayor Garlock moved to open the public hearing. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 No comments were heard from the public. Councilor Duggan moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-72 DENYING LOT SPLIT AND LAND COMBINATION OF CITY- OWNED LANDS FOR PROPERTIES LOCATED AT 754 AND 760 UPPER COLONIAL DRIVE AND PART OFWENTWORTH PARK AND APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNERS OF 760 UPPER COLONIAL DRIVE Community Development Director Tim Benetti explained that this resolution was to officially deny selling off part of the area of Wentworth Park located behind the two properties located at 754 and 760 Upper Colonial Drive. At the July 2, 2018 City Council meeting, the Council approved the application for a lot line adjustment with a variance between the two properties; however, the Council tabled the lot split and combination requests to allow city staff and the city attorney to consult with all parties and explore options. At the August 13, 2018 Council Work Session, the Council provided direction to staff to have the half- built shed on the 754 Upper Colonial Drive site removed; however, they should work with the 760 Upper Colonial Drive site as the fence appeared to have been installed many years ago. Councilor Duggan requested that the city attorney address the suggested changes he had provided. City Attorney Andrew Pratt replied that the suggested changes looked fine to him. He also noted that under Item 5 Fence Removal or Relocation Upon Sale of Subject Property, in the section that reads “. . . relocate the new fence and planting materials . . .” the word ‘new’ would be removed. Councilor Petschel suggested the planting materials be required to be removed or relocated as well. After discussion, the Council agreed that the “(if so desired)” be struck from Item 5. page 7 Councilor Petschel moved to adopt RESOLUTION 2018-72 DENYING A LOT SPLIT AND LOT COMBINATION OF CITY-OWNED LANDS FOR PROPERTIES LOCATED AT 754 AND 760 UPPER COLONIAL DRIVE AND PART OF WENTWORTH PARK. AND APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND CURRENT and FUTURE NEW OWNERS OF 760 UPPER COLONIAL DRIVE with the agreed upon changes. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 B) TAKE PUBLIC INPUT FOR POLICE BODY-WORN CAMERA POLICIES Chief of Police Kelly McCarthy explained that the Police Department would like to provide an opportunity to members of the public who have an opinion they would like to have stated for the record on the Police body-worn camera policy and proposal. She prepared a best practice guide that was furnished by the League of Minnesota Cities and is available on the city’s website, as well as the draft policy for the body cameras. There were no comments from the public. Councilor Miller stated that he believed this to be a good policy and would help police and the general public to remain safe. He asked what the next steps would be for implementation. He also asked if the type of body cameras has been determined. Chief McCarthy replied that the department has been in a soft testing phase where officers have gotten to experience several different manufacturers and different types of cameras. The officers have found that the Taser or Axon camera is their preferred camera; it does integrate with a Taser or an Axon in-car camera system. The next steps would be negotiating with Taser and Axon for those prices. Once the budget is approved, they would work with the supplier and the city’s IT provider to make sure they could get them purchased and implemented. Then they would have to train on the components. Councilor Petschel asked if the department had received any feedback from the Facebook post. Chief McCarthy replied that they have received a few comments; however, it is hard to get people fired up about policy review and implementation. The Department will try other techniques in the coming weeks. Councilor Petschel asked if the Department had reached a satisfactory arrangement regarding the storage of the data. Chief McCarthy replied in the affirmative and noted that each provider, if they go with Taser or Axon, has storage available in the Cloud, which meets all of the BCA security requirements. Councilor Paper asked if law offices needed special software to access the videos. Chief McCarthy replied in the negative and explained that the attorney would be sent a link and credentials and they could then log on and view the incident they were working on. Additional questions regarding data storage, retention policies, maintenance of the data, IT support and expertise, and costs were asked by the Councilors and address by Chief McCarthy. page 8 C) ESTABLISH JOINT MEETING DATE WITH THE PLANNING COMMISSION FOR DISCUSSION OF 2040 COMPREHENSIVE PLAN UPDATE City Administrator Mark McNeill explained that there is a large amount of information that the Council will be reviewing as part of the 2040 Comprehensive Plan Update. On Thursday, September 13, 2018 the Planning Commission held a workshop where it was suggested that a date be established for the Council and the Planning Commission to meet jointly to begin to go over the information. The date the Commission suggested was Monday, October 15, 2018 at 6:00 p.m. This date and time was agreed upon by the City Council. Councilor Duggan noted that he attended the workshop on September 13, 2018 and was amazed at the amount of material. He suggested that copies be made available to the Councilors soon so they could come prepared to the October 15, 2018 joint session. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • 2040 Comprehensive Plan Open House on September 25 from 4:30 – 7:00 pm • City Council Workshop on October 2 where staff anticipates a request for Tax Increment Assistance for Senior Housing at the Larsen Greenhouse site • Planning Commission Public Hearing regarding the Henry Sibley High School Football - Athletic Field Variances – Thursday, October 4 at 7:00 pm • Movie in the Park on Saturday, September 22 at Mendakota – “Moana” • Registration is now open for fall recreation programs– information available on the city’s website • Aeration of Par 3 is underway but was rained out COUNCIL COMMENTS Councilor Petschel commented on a wonderful event held on September 14 – Pink Out for the Cure. Much of the fund raising was done in the name of individuals in people’s families who are either currently dealing with cancer or have succumbed to cancer; donations were made in their memory. She also expressed her appreciation to the residents for making the city so beautiful. She has been going door-to-door and has never seen so many beautiful gardens and plants. Mayor Garlock stated that he received notification that School District 197 Foundation is having its 9th Annual 5K on September 29, 2018 to raise money for grants. The event will be held at Sibley High School. Councilor Miller stated that the Fire Department Annual Open House is September 22, 2018 and encouraged all to come. Councilor Paper expressed his appreciation to the ALMUS Group for discussing flavored tobacco. He looks forward to them returning and bringing more information for Tobacco 21. page 9 He also asked for confirmation that Dodd Road was going to be closed this week. Public Works Director Ryan Ruzek confirmed that there will be a one-day closure. MnDOT has been working closely with the Fire Chief Dreelan on coordinating some of these closures. Councilor Duggan stated that this city should realize that it has some of the most wonderful people in the world. Three of them took part in a forum, running for re-election. The city is fortunate to have such talented people wanting to serve. They are also privileged to have NDC4 cable commission willing to record and air the candidate forums, allowing residents an opportunity to get to know the candidates. He asked if the website would have a description of the limits on the bonfire materials allowed. City Administrator Mark McNeil replied that he would make sure it was posted. Councilor Duggan commented on the great shape the soccer fields are in. He also stated that with the name change of Highway 110 to Highway 62, that he was reopening the challenge to name the tunnel, as it can no longer be called “The Hole in 110”. He ended with a quote: “fama malum qua non aliud velocius ullum”, which means “There is no evil swifter than a rumor”. ADJOURN Councilor Paper moved to adjourn. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:13 p.m. ____________________________________ Neil Garlock ATTEST: Mayor _______________________________ Lorri Smith City Clerk page 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES June 20, 2018 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, June 20, 2018, at Mendota Heights City Hall. 1. Call to Order Chair Sloan called the meeting to order at 7:00 pm. 2. Roll Call The following commissioners were present: David Sloan, Arvind Sharma, Jim Neuharth, Sally Lorberbaum, Kevin Byrnes, and Gina Norling. Absent: William Dunn. Also present: Assistant City Administrator Cheryl Jacobson, Dana Nelson, Manager of Noise, Environment and Planning with MAC; Kurt Mara, Traffic Management Officer, FAA; Michele Sand, FAA. 3. Approval of Minutes a. Approval of Minutes from the April 18, 2018 Meeting Motion by Neuharth/Second by Sharma to approve the minutes of the April 18, 2018 ARC meeting, with a noted addition of “mean value” to the discussion of turboprop data charting. Motion carried 4-0; Norling and Lorberbaum abstained. b. Approval of Minutes from the May 22, 2018 Meeting Motion by Neuharth/Second by Norling to approve the minutes of the May 22, 2018 meeting. Motion carried 6-0. 4. Unfinished and New Business a. Follow-up Discussion on 12L Departure proposal Commissioner Norling summarized the NOC meeting presentation regarding the 12L Departure proposal, the meeting outcome and a follow-up technical meeting and tower tour with FAA staff. Dana Nelson of MAC provided background on the NOC consideration of the proposal and noted that the FAA was provided and reviewed the ARC’s proposal presentation. Kurt Mara and Michelle Sand of the FAA noted that the arrival and departure patterns at MSP are distinct and that controllers must ensure that there is some form of separation between aircraft. FAA staff noted that a solution to address the 12L request is to increase, as much as practical, the use of crossing in the corridor procedures. Michele Sand stated that the FAA had already re-briefed Controllers and reminded them about the crossing procedures. Sand also noted that the FAA is encouraging Controllers to find time throughout the day when following the Crossing-in-the Corridor procedures is better. But further noted, that use is up to the Controller. page 11 Discussion regarding rethinking the Mendota Heights proposal was had. Suggestions included modification of operating procedures; increasing use of desired tracks during low to mid demand periods; addressing increased use of tracks during high demand periods; and a trial period during non-high demand times. The group noted that the greatest gains is by using crossing in the corridor procedures. Other items noted by MAC staff included the launch of a new flight tracker which will be mobile friendly. Staff also noted upcoming listening sessions to be held on July 17 and August 27. Nelson stated that the September 19 NOC meeting will include a State of the Airport presentation by Brian Rykes. b. Review of Airport Operational Statistics i. Complaint Information. Complaint charts were reviewed. There were no notable changes. ii. Runway Use. Runway use charts were reviewed. There were no notable changes. iii. Noise Monitoring. Noise monitoring charts were not available for review. iv. Turboprop. Data was received from Brad Juffer of MAC. Data will be provided by Neuharth to Byrnes. Byrnes will create charts. 5. Acknowledge Receipt of Various Reports/Correspondence Monthly news articles were reviewed. 6. Upcoming Meetings 7. Public Comments No public comments were received. 8. Commissioner Comments Commissioner Byrnes asked about disclosures for homes that have been received noise mitigation and whether or not disclosure was required. The group noted that such disclosure would be city code related. A suggestion was made to monitor the number of flights in the 120 heading each month for review of the crossing in the corridor procedures. 9. Adjourn The meeting was adjourned at 8:38 PM Minutes Taken By: Cheryl Jacobson Assistant City Administrator page 12 REQUEST FOR COUNCIL ACTION DATE: October 2, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution Supporting the Dakota County 2019-2023 Capital Improvement Plan COMMENT: INTRODUCTION The Council is asked to approve Resolution 2018-76 supporting the Dakota County 2019-2023 Capital Improvement Plan. BACKGROUND Every year Dakota County updates their five-year Capital Improvement Plan (CIP). In conjunction with these updates, the County asks for resolutions of support from County cities and townships to present to the County Board at the public hearing where the CIP is formally adopted. This year’s public hearing before the County Board is scheduled for November 8, 2018 at the County Administrative Center in Hastings. A copy of the Draft 2019-2023 CIP is attached for your review. DISCUSSION Mendota Heights has a number of projects listed within the 2019-2023 Dakota County Capital Improvement Plan. Resurfacing CSAH 63 (Delaware Ave) from Marie Avenue to Dodd Road (TH 149). This project also includes a Mill and Overlay just north and south of Highway 62 and an expanded shoulder on the West St. Paul side of Delaware between Marie Ave and Wentworth Ave. Resurfacing CSAH 31 (Pilot Knob Road) from I-494 to Highway 13. Interchange Study at I-494 for the realigned Argenta Trail Regional Roadway Visioning Study update Design of future Improvements to CSAH 63 (Delaware Avenue) Marie Ave to Dodd Road (TH 149) – 2023 Design, Possible 2027 Construction Big Rivers Regional Trail – Mendota Heights Trailhead Improvements page 13 Additional improvements not shown at this time would include a replacement of the Marie Avenue Underpass and an Intersection Study of Wentworth Avenue and Dodd Road. If Council desires improvements to any County Roads (Wentworth, Wachtler, Delaware, Lexington), please express this desire to staff. County projects typically carry a 55% County/45% City cost share. A new cost share policy has been adopted by Dakota County that reduces the city share on certain projects to 25% BUDGET IMPACT None at this time. RECOMMENDATION Staff recommends that City Council approve Resolution 2018-76 supporting the Dakota County 2019-2023 Capital Improvement Plan. ACTION REQUIRED If Council wishes to support the Dakota County 2019-2023 CIP, they should adopt a Resolution in support of the CIP. RESOLUTION 2018-76, A RESOLUTION SUPPORTING PROJECTS LISTED IN THE DRAFT 2019-2023 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN. Adoption of this Resolution would require a simple majority vote. page 14 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2018-76 RESOLUTION SUPPORTING PROJECTS LISTED IN THE DRAFT 2019-2023 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN WHEREAS, the City of Mendota Heights values the cooperative working relationship it has with Dakota County; and WHEREAS, the City of Mendota Heights supports the continued maintenance and improvement of our regional road network, trails and park system; and is further supportive of the proposed work on the regional trail network; and WHEREAS, the City of Mendota Heights is also supportive of vehicular and pedestrian public safety as well as storm water drainage improvements throughout the public right-of-way in the city. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights, Minnesota supports the efforts of Dakota County to improve public safety, transportation, storm water drainage, parks, trails, and recreational facilities through the Draft 2019-2023 Capital Improvement Plan. Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS By________________________________ Neil Garlock, Mayor ATTEST: By_____________________________ Lorri Smith, City Clerk page 15 ` 9/10/2018 10:58 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 Dakota County 42-149 CSAH 42 CS AH 5 to CSAH 11 Bituminous Mill & Overlay Burnsville 1,800,000 - 1,440,000 - 324,000 - 36,000 Dakota County Highway Surface - Gravel 750,000 - - - - - 750,000 Dakota County 99-06 Highway Surface - Gravel Spot Locations 50,000 - - - - - 50,000 Dakota County Traffic Control Devices Durable Pavement Markings 500,000 - - - - - 500,000 Dakota County Bike Trail 700,000 - - - - - 700,000 Cities/Others Storm Sewer System Repair 500,000 100,000 - - - - 400,000 Dakota County/Cities 2019 Preservation Subtotal: 10,665,245 100,000 1,440,000 - 4,743,000 200,000 4,182,245 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 9-54 CSAH 9 At Flagstaff Avenue Construction Lakeville 1,100,000 - - - 990,000 - 110,000 Lakeville 26-56 CSAH 26 CS AH 26, CSAH 28, CSAH 31, CSAH 43 Construction - ATMS Eagan 3,892,200 1,208,538 1,206,560 - 1,329,392 - 147,710 Dakota County 31-79 CSAH 31 At CSAH 32 Signal Rep - Dbl Left Turns ROW Acquisition Eagan 1,570,000 706,500 - - 777,150 - 86,350 Dakota County 32-91 CSAH 32 Dupont Ave to I-35 SB Ramp Construct - Roundabout Burnsville 300,000 - - - 270,000 - 30,000 Burnsville 62-26 CSAH 62 Realign CSAH 62; turnlanes on CSAH 47 ROW Acquisition Vermillion Township 200,000 - - - 180,000 - 20,000 Dakota County 73-30 CSAH 73 Oakdale (73) & Marie Trail Extension Trail Construction West St Paul 150,000 - - - - - 150,000 West St Paul Jurisdictional Classification 1,000,000 - - - - - 1,000,000 Dakota County ROW Preservation & Management 500,000 225,000 - - - - 275,000 Dakota County Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 Dakota County Signal Projects - Various Locations Signal Revisions 250,000 - - - 225,000 - 25,000 Dakota County 2019 Management Subtotal: 10,462,200 2,482,038 1,206,560 - 4,046,542 - 2,727,060 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 8-21 CSAH 8 CSAH 63 (Delaware) to Humboldt Ave Construction West St Paul 4,700,000 1,437,500 984,000 - 2,050,650 - 227,850 Dakota County 23-76 CSAH 23 CS AH 86 (280th St) to CR 96 (Eveleth Ave)Construction Greenvale Twp 6,860,000 - - - 6,174,000 - 686,000 Dakota County 42-139 CSAH 42 E j ct TH 55 to old CR 87 (Lock Blvd)Construction Nininger Twp 5,600,000 - - - 5,040,000 - 560,000 Dakota County 50-23 CSAH 50 Holyoke Ave to CSAH 23 (Cedar Ave)Construction Lakeville 9,500,000 2,025,000 3,200,000 - 3,847,500 - 427,500 Dakota County 73-19 CSAH 73 Bonaire Path to IGH/Rosemount line ROW Acquisition Rosemount 750,000 225,000 - - - - 525,000 Dakota County 86-34 CSAH 86 CS AH 23 to TH 3 ROW Acquisition Eureka, Castle Rock, Gre 3,200,000 - - - 2,880,000 - 320,000 Dakota County 88-20 CSAH 88 TH 56 to TH 52 ROW Acquisition Randolph Township 1,750,100 - - - 1,575,090 - 175,010 Dakota County 91-25 CSAH 91 TH 50 (240th St) to 210th St ROW Acquisition Miesville, Douglas, Mars 1,782,000 - - - 1,603,800 - 178,200 Dakota County Signal Projects - Various Locations Replace/New/Geometric Improve 570,000 - - - 513,000 - 57,000 Dakota County 2019 Replacement Subtotal: 34,712,100 3,687,500 4,184,000 - 23,684,040 - 3,156,560 Transportation Capital Improvement Program: 2019 Section REPLACEMENT: MANAGEMENT: PRESERVATION: DRAFT page 16 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 26-54 CSAH 26 TH 55 to TH 3 ROW Acquisition Eagan, Inver Grove Heights 10,440,000 4,698,000 - - 5,167,800 - 574,200 Dakota County 63-27 New "63"CSAH 26 to north (new alignment)ROW Acquisition Inver Grove Heights 4,720,000 708,000 - - - - 4,012,000 Dakota County2019 Expansion Subtotal: 15,160,000 5,406,000 - - 5,167,800 - 4,586,200 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 6-06 CR 6 At CSAH 73 (Oakdale Ave)Design West St Paul 230,000 103,500 - - - - 126,500 Dakota County 9-55 CSAH 9 3/4 Intersection at Icenic, Heritage Design Lakeville 50,000 22,500 - - 24,750 - 2,750 Dakota County 9-56 CSAH 9 W of CSAH 23 to CSAH 31 (incl 179th St)Design/Study Lakeville 600,000 200,000 - - - - 400,000 Dakota County 23-81 CSAH 23 At CSAH 80 (250th Street W)Design Eureka Twp 100,000 - - - 90,000 - 10,000 Dakota County 26-56 CSAH 26 CSAH 26, CSAH 28, CSAH 31, CSAH 43 Consultant Coord - ATMS Eagan 155,300 14,085 124,000 - - - 17,215 Dakota County 32-87 CSAH 32 CSAH 43 (Lexington) to TH 3 Design Eagan 800,000 360,000 - - 396,000 - 44,000 Dakota County 33-15 CSAH 33 At 140th/Connemara Preliminary Design Apple Valley/Rosemount 100,000 45,000 - - 49,500 - 5,500 Dakota County 42-144 CSAH 42 CH 42 Corridor Assessment Study (Westerly Dak Co limits to CSAH 33)Study AV/B'ville 907,000 136,000 - - - - 771,000 Dakota County 63-27 New "63"CSAH 26 to north (new alignment)Design Inver Grove Heights 371,400 55,710 - - - - 315,690 Dakota County 97-196 NE Farmington System Study (170th to 208th)Study Farm/Lville/Empire 100,000 45,000 - - - - 55,000 Dak/Fgtn 63-29 CSAH 63 Interchange Study at 494 Study IGH, MH, Eagan 300,000 30,000 - - - - 270,000 Dakota County 97-xxx RRSVS Regional Roadway System Vision Study - Update Eagan, IGH 180,000 60,000 60,000 60,000 Dakota County Attorney Reimbursement 240,877 - - - - - 240,877 Dakota County CIP Reimbursement to Operations 5,061,035 1,055,131 - - 1,925,796 - 2,080,108 Dakota County Future Studies/Professional Services 400,000 135,000 - - - - 265,000 Dak Co/Consultant Township Road Distribution 20,900 - - - - - 20,900 Dakota County Consultant Construction Administration 850,000 - - - 425,000 - 425,000 Consultant 2019 Resources Subtotal: 10,466,512 2,261,926 124,000 60,000 2,911,046 - 5,109,540 2019 TOTAL: 81,466,057 13,937,464 6,954,560 60,000 40,552,428 200,000 19,761,605 RESOURCES: EXPANSION: DRAFT page 17 9/10/2018 10:58 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency Highway Surface - Bituminous Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 Dakota County Highway Surface - Gravel 600,000 - - - - - 600,000 Dakota County Highway Surface - Gravel Spot Locations 50,000 - - - - - 50,000 Dakota County Traffic Control Devices 500,000 - - - - - 500,000 Dakota County Bike Trail 700,000 - - - - - 700,000 Cities/Others Storm Sewer System Repair 500,000 100,000 - - - - 400,000 Dakota County/Cities 2020 Preservation Subtotal: 8,715,245 100,000 - - 4,419,000 200,000 3,996,245 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 6-06 CR 6 At CSAH 73 (Oakdale Ave)ROW Acquisition West St Paul 325,000 146,250 - - - - 178,750 Dakota County `CSAH 9 3/4 Intersection at Icenic, Heritage Construction Lakeville 500,000 - 400,000 - 90,000 - 10,000 Dakota County 9-56 CSAH 9 Gerdine to CSAH 31 (Pilot Knob)ROW Acquisition Lakeville 2,000,000 - - - - - 2,000,000 Dakota County 23-81 CSAH 23 At CSAH 80 (250th Street W)ROW Acquisition Eureka Twp 300,000 - - - 270,000 - 30,000 Dakota County 32-87 CSAH 32 CS AH 43 (Lexington) to TH 3 ROW Acquisition Eagan 3,000,000 1,350,000 - - 1,485,000 - 165,000 Dakota County 38-AV CSAH 38 Placeholder - limits TBD Repair/Replace Retaining Walls Apple Valley 500,000 - - - 450,000 - 50,000 Dakota County 62-26 CSAH 62 Realign CSAH 62; turnlanes on CSAH 47 Construction Vermillion Township 1,500,000 - - - 1,350,000 - 150,000 Dakota County Jurisdictional Classification 2,000,000 - - - - - 2,000,000 Dakota County ROW Preservation & Management 500,000 225,000 - - - - 275,000 Dakota County Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 Dakota County Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 90,000 - 10,000 Dakota County 2020 Management Subtotal: 12,325,000 2,163,250 400,000 - 4,010,000 - 5,751,750 MANAGEMENT: PRESERVATION: Transportation Capital Improvement Program: 2020 Section DRAFT page 18 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 73-19 CSAH 73 Bonaire Path to IGH/Rosemount line Construction Rosemount 3,960,000 1,188,000 - - - - 2,772,000 Dakota County 78-10 CSAH 78 TH 3 to CSAH 79 (Blaine Ave)Construction Castle Rock Township 7,200,000 - - - 6,480,000 - 720,000 Dakota County 78-12 CSAH 78 CSAH 79 (Blaine) to CSAH 47 ROW Acquisition Castle Rock Twp, Hampton 1,044,800 - - - 940,320 - 104,480 Dakota County 86-34 CSAH 86 CSAH 23 to TH 3 Construction Eureka, Castle Rock, Greenvale and Waterford 11,000,000 - 4,200,000 - 6,120,000 - 680,000 Dakota County 91-25 CSAH 91 TH 50 (240th St) to 210th St Construction Miesville, Douglas, Marshan 8,219,400 - - - 7,397,460 - 821,940 Dakota County Signal Projects - Various Locations Replace/New/Geometric Improve 2,000,000 1,000,000 - - 900,000 - 100,000 Dakota County 2020 Replacement Subtotal: 33,424,200 2,188,000 4,200,000 - 21,837,780 - 5,198,420 - Proj. No.Road Segment Project/ Description Location Annual Cost City Share (1)Federal State CSAH Gravel Tax/Other County Funds 63-27 New "63"CSAH 26 to north new alignment Construction Inver Grove Heights 5,760,000 864,000 - - - - 4,896,000 Dakota County 2020 Expansion Subtotal: 5,760,000 864,000 - - - - 4,896,000 - EXPANSION:DRAFT page 19 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency At 140th/Connemara Design Apple Valley/Rosemount 100,000 45,000 0 0 49500 0 5500 Dakota County 42-124 CSAH 42 CSAH 42 Corridor Design Apple Valley 730,000 271,625 - - 415,225 - 43,150 Dakota County 46-50 CSAH 46 Pleasant Dr to TH 61 Study Hastings 300,000 75,000 - - - - 225,000 Dakota County 81-14 New "81" CSAH 66 (200th St) to CSAH 46/48 Design Empire Township 244,800 - - - 220,320 - 24,480 Dakota County 83-10 CR 83 CSAH 88 (292nd St) to Cannon River Design Randolph City/Township 53,000 - - - - - 53,000 Dakota County 88-23 CSAH 88 CR 94 (Cooper Ave) to TH 56 Design City of Randolph 272,200 - - - 244,980 - 27,220 Dakota County 89-07 CR 89 TH 50 (240th St) to CSAH 62 Design Hampton, Douglas, Marshan Twps 481,400 - - - - - 481,400 Dakota County 91-29 CSAH 91 210th St to TH 316 Design Marshan Twp 120,000 - - - 108,000 - 12,000 Dakota County 91-30 CSAH 91 Miesville Trail to TH 61 Design Miesville, Douglas Twp 90,000 - - - 81,000 - 9,000 Dakota County 96-07 CSAH 96 West Dak Co line to CSAH 23 Design Greenvale Township 378,000 - - - - - 378,000 Dakota County 97-195 TH 3 TH 3 Study - Connemara to TH 149 Study IGH,Eagan,Rsmt 2 1 - - - - 1 Attorney Reimbursement 244,490 - - - - - 244,490 Dakota County CIP Reimbursement to Operations 5,212,866 1,086,785 - - 1,983,570 - 2,142,511 Dakota County Future Studies/Professional Services 300,000 135,000 - - - - 165,000 Dak Co/Consultant Township Road Distribution 20,900 - - - - - 20,900 Dakota County Consultant Construction Administration 600,000 - - - 300,000 - 300,000 Consultant0 0 Resources Subtotal: 9,147,658 1,613,411 - - 3,402,595 - 4,131,652 - 2020 TOTAL: 69,372,103 6,928,661 4,600,000 - 33,669,375 200,000 23,974,067 - 9/10/2018 10:58 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 Dakota County Highway Surface - Gravel 750,000 - - - - - 750,000 Dakota County Highway Surface - Gravel Spot Locations 50,000 - - - - - 50,000 Dakota County Traffic Control Devices Durable Pavement Markings 500,000 - - - - - 500,000 Dakota County Bike Trail 700,000 - - - - - 700,000 Cities/Others Storm Sewer System Repair 500,000 100,000 - - - - 400,000 Dakota County/Cities 2021 Preservation Subtotal: 8,865,245 100,000 - - 4,419,000 200,000 4,146,245 - Transportation Capital Improvement Program: 2021 Section 33-15 PRESERVATION:DRAFT page 20 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 6-06 CR 6 At CSAH 73 (Oakdale Ave)Construction West St Paul 1,550,000 69,750 1,395,000 - - - 85,250 Dakota County 9-56 CSAH 9 Gerdine to CSAH 31 (Pilot Knob)Construction Lakeville 5,000,000 - - - - - 5,000,000 Dakota County 11-27 CSAH 11 At Burnsville Parkway Construction Burnsville 350,000 157,500 - - 173,250 - 19,250 Dakota County 23-81 CSAH 23 At CSAH 80 (250th Street W)Construction Eureka Twp 1,500,000 - - - 1,345,000 - 155,000 Dakota County 31-79 CSAH 31 At CSAH 32 Signal Rep - Dbl Left Turns Construction Eagan 3,918,700 1,763,415 - - 1,939,785 - 215,500 Dakota County 32-87 CSAH 32 CSAH 43 (Lexington) to TH 3 Construction Eagan 5,000,000 2,250,000 - - 2,475,000 - 275,000 Dakota County 33-15 CSAH 33 At 140th/Connemara ROW Acquisition Apple Valley/Rosemount 350,000 157,500 - - 173,250 - 19,250 Dakota County 81-14 New "81" CSAH 66 (200th St) to CSAH 46/48 ROW Acquisition Empire Township 1,224,300 - - - 1,101,870 - 122,430 Dakota County 83-10 CR 83 CSAH 88 (292nd St) to Cannon River ROW Acquisition Randolph City/Township 265,300 - - - - - 265,300 Dakota County 88-23 CSAH 88 CR 94 (Cooper Ave) to TH 56 ROW Acquisition City of Randolph 1,306,000 - - - 1,175,400 - 130,600 Dakota County Jurisdictional Classification 2,000,000 - - - - - 2,000,000 Dakota County ROW Preservation & Management 500,000 225,000 - - - - 275,000 Dakota County Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 Dakota County Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 90,000 - 10,000 Dakota County 2021 Management Subtotal: 24,664,300 5,065,165 1,395,000 - 8,748,555 - 9,455,580 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 42-124 CSAH 42 CSAH 42 Corridor ROW Acquisition Apple Valley 2,275,000 956,250 - - 1,186,750 - 132,000 Dakota County 78-12 CSAH 78 CSAH 79 (Blaine) to CSAH 47 Construction (+ new Bridge) Castle Rock Twp, Hampton 4,240,000 - - - 3,816,000 - 424,000 Dakota County 88-20 CSAH 88 TH 56 to TH 52 Construction Randolph Township 8,000,000 - - - 7,200,000 - 800,000 Dakota County 89-07 CR 89 TH 50 (240th St) to CSAH 62 ROW Acquisition Hampton, Douglas, Marshan Twps 2,407,800 - - - - - 2,407,800 Dakota County 91-29 CSAH 91 210th St to TH 316 ROW Acquisition Marshan Twp 1,500,000 - - - 1,350,000 - 150,000 Dakota County 96-07 CR 96 West Dak Co line to CSAH 23 ROW Acquisition Greenvale Township 1,632,400 - - - - - 1,632,400 Dakota County Signal Projects - Various Locations Replace/New/Geometric Improve 2,000,000 1,000,000 - - 900,000 - 100,000 Dakota County 2021 Replacement Subtotal: 22,055,200 1,956,250 - - 14,452,750 - 5,646,200 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 26-54 CSAH 26 TH 55 to TH 3 Construction Eagan, Inver Grove Heights 12,800,000 5,760,000 - - 6,336,000 - 704,000 Dakota County - - - - - - - 2021 Expansion Subtotal: 12,800,000 5,760,000 - - 6,336,000 - 704,000 MANAGEMENT: REPLACEMENT: EXPANSION:DRAFT page 21 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 28-44 CSAH 28 At Elrene Rd, at Mike Collins Dr Design Eagan 40,000 18,000 - - 19,800 - 2,200 Dakota County 38-xx CSAH 38 CSAH 5 to CSAH 31 (Pilot Knob)Design B'ville/Apple Val 100,000 45,000 - 55,000 Dakota County 42-124 CSAH 42 CSAH 42 Corridor Consultant Construction Administration Apple Valley 454,000 164,600 - - 259,850 - 29,550 Dakota County 53-04 CR 53 CSAH 47 (Northfield Blvd) to CSAH 86 (280th St)Design Waterford,Sciota 100,000 - - - - - 100,000 Dakota County 59-05 CR 59 TH 19 to CSAH 47 Design Sciota Twp 100,000 - - - - - 100,000 Dakota County 97-xx 3 miles gravel road & RR 245th, 225th Design Eureka Twp 122,400 - - - - - 122,400 Dakota County Attorney Reimbursement 248,157 - - - - - 248,157 Dakota County CIP Reimbursement to Operations 5,369,252 1,119,388 - - 2,043,078 - 2,206,786 Dakota County Future Studies/Professional Services 300,000 135,000 - - - - 165,000 Dak Co/Consultant Township Road Distribution 20,900 - - - - - 20,900 Dakota County Consultant Construction Administration 600,000 - - - 300,000 - 300,000 Consultant2021 Resources Subtotal: 7,454,709 1,481,988 - - 2,622,728 - 3,349,993 2021 TOTAL: 75,839,454 14,363,403 1,395,000 - 36,579,033 200,000 23,302,018 RESOURCES: DRAFT page 22 9/10/2018 10:58 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 Dakota County Highway Surface - Gravel 400,000 - - - - - 400,000 Dakota County Spot Locations Highway Surface - Gravel 50,000 - - - - - 50,000 Dakota County Traffic Control Devices 500,000 - - - - - 500,000 Dakota County Bike Trail 700,000 - - - - - 700,000 Cities/Others Storm Sewer System Repair 500,000 100,000 - - - - 400,000 Dakota County/Cities 2022 Preservation Subtotal: 8,515,245 100,000 - - 4,419,000 200,000 3,796,245 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 28-44 CSAH 28 At Elrene Rd, at Mike Collins Dr Construction Eagan 400,000 180,000 - - 198,000 - 22,000 Dakota County 33-15 CSAH 33 At 140th/Connemara Construction Apple Valley/Rosemount 1,950,000 877,500 - - 965,250 - 107,250 Dakota County 38-xx CSAH 38 CSAH 5 to CSAH 31 (Pilot Knob)Construction-ATMS B'ville/Apple Val 1,800,000 162,000 1,440,000 178,000 20,000 Dakota County 81-14 New "81" CSAH 66 (200th St) to CSAH 46/48 Construction Empire Township 4,500,000 - - - 4,050,000 - 450,000 Dakota County 83-10 CR 83 CSAH 88 (292nd St) to Cannon River Construction Randolph City/Township 975,000 - - - - - 975,000 Dakota County 88-23 CSAH 88 CR 94 (Cooper Ave) to TH 56 Construction City of Randolph 3,265,300 - - - 2,938,770 - 326,530 Dakota County Jurisdictional Classification 3,000,000 - - - - - 3,000,000 Dakota County ROW Preservation & Management 500,000 225,000 - - - - 275,000 Dakota County Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 Dakota County Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 90,000 - 10,000 Dakota County 2022 Management Subtotal: 18,090,300 1,886,500 1,440,000 - 8,695,020 - 6,068,780 Transportation Capital Improvement Program: 2022 Section PRESERVATION: MANAGEMENT: DRAFT page 23 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 42-124 CSAH 42 CSAH 42 Corridor Construction Apple Valley 5,150,000 1,795,000 - - 3,019,500 - 335,500 Dakota County 53-04 CR 53 CSAH 47 (Northfield Blvd) to CSAH 86 (280th St)ROW Acquisition Waterford,Sciota 700,000 - - - - - 700,000 Dakota County 59-05 CR 59 TH 19 to CSAH 47 ROW Acquisition Sciota Twp 1,000,000 - - - - - 1,000,000 Dakota County 89-07 CR 89 TH 50 (240th St) to CSAH 62 Construction Hampton, Douglas, Marshan Twps 8,850,000 - - - - - 8,850,000 Dakota County 91-29 CSAH 91 210th St to TH 316 Construction Marshan Twp 4,500,000 - - - 4,050,000 - 450,000 Dakota County 91-30 CSAH 91 Miesville Trail to TH 61 ROW Acquisition Miesville, Douglas Twp 825,000 - - - 742,500 - 82,500 Dakota County 96-07 CR 96 West Dak Co line to CSAH 23 Construction Greenvale Township 6,300,000 - - - - - 6,300,000 Dakota County 97-xx 3 miles gravel road & RR 245th, 225th ROW Acquisition Eureka Twp 612,300 - - - - - 612,300 Dakota County Signal Projects - Various Locations Replace/New/Geometric Improve 2,000,000 1,000,000 - - 900,000 - 100,000 Dakota County 2022 Replacement Subtotal: 29,937,300 2,795,000 - - 8,712,000 - 18,430,300 - Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency xx-xx CSAH xx Placeholder Placeholder City 0 0 - - 0 - - 28-48 CSAH 28 TH 3 to 0.62 mile east ROW Acquisition Inver Grove Heights 1,056,000 475,200 - - 522,720 - 58,080 Inver Grove Heights 2022 Expansion Subtotal: 1,056,000 475,200 - - 522,720 - 58,080 - Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 94-05 CR 94 CSAH 47 to CSAH 88 (292nd St)Design Waterford, Sciota, Randolph 432,500 - - - - - 432,500 Dakota County Attorney Reimbursement 251,880 - - - - - 251,880 Dakota County CIP Reimbursement to Operations 5,530,329 1,152,970 - - 2,104,370 - 2,272,989 Dakota County Future Studies/Professional Services 300,000 135,000 - - - - 165,000 Dak Co/Consultant Township Road Distribution 20,900 - - - - - 20,900 Dakota County Consultant Construction Administration 600,000 - - - 300,000 - 300,000 Consultant 2022 Resources Subtotal: 7,135,609 1,287,970 - - 2,404,370 - 3,443,269 - 2022 TOTAL: 64,734,454 6,544,670 1,440,000 - 24,753,110 200,000 31,796,674 - REPLACEMENT: EXPANSION: RESOURCES:DRAFT page 24 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency Highway Surface - Bituminous 6,365,245 - - - 4,419,000 200,000 1,746,245 Dakota County Highway Surface - Gravel 750,000 - - - - - 750,000 Dakota County Spot Locations Highway Surface - Gravel 50,000 - - - - - 50,000 Dakota County Traffic Control Devices 500,000 - - - - - 500,000 Dakota County Bike Trail 700,000 - - - - - 700,000 Cities/Others Storm Sewer System Repair 500,000 100,000 - - - - 400,000 Dakota County/Cities 2023 Preservation Subtotal: 8,865,245 100,000 - - 4,419,000 200,000 4,146,245 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency Dakota County Jurisdictional Classification 3,000,000 - - - - - 3,000,000 Dakota County ROW Preservation & Management 500,000 225,000 - - - - 275,000 Dakota County Safety and Management Projects 1,500,000 342,000 - - 275,000 - 883,000 Dakota County Signal Projects - Various Locations Signal Revisions 200,000 100,000 - - 90,000 - 10,000 Dakota County 2023 Management Subtotal: 5,200,000 667,000 - - 365,000 - 4,168,000 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency 53-04 CR 53 CSAH 47 (Northfield Blvd) to CSAH 86 (280th St)Construction Waterford,Sciota 3,950,000 - - - - - 3,950,000 Dakota County 59-05 CR 59 TH 19 to CSAH 47 Construction Sciota Twp 5,760,000 - - - - - 5,760,000 Dakota County 91-30 CSAH 91 Miesville Trail to TH 61 Construction Miesville, Douglas Twp 3,000,000 - - - 2,700,000 - 300,000 Dakota County 97-xx 3 miles gravel road & RR 245th, 225th Construction Eureka Twp 1,500,000 - - - - - 1,500,000 Dakota County 94-05 CR 94 CSAH 47 to CSAH 88 (292nd St)ROW Acquisition Waterford, Sciota, Randolph 2,000,000 - - - - - 2,000,000 Dakota County Signal Projects - Various Locations Replace/New/Geometric Improve 2,000,000 1,000,000 - - 900,000 - 100,000 Dakota County2023 Replacement Subtotal: 18,210,000 1,000,000 - - 3,600,000 - 13,610,000 Transportation Capital Improvement Program: 2023 Section MANAGEMENT: PRESERVATION: REPLACEMENT:DRAFT page 25 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency - - - - - - - 28-48 CSAH 28 TH 3 to 0.62 mile east Construction Inver Grove Heights 600,000 - - - 540,000 - 60,000 Inver Grove Heights0 3 xpansion Subtotal: 600,000 - - - 540,000 - 60,000 Proj. No.Road Segment Project/ Description Location Annual Cost City Share Federal State CSAH Gravel Tax/Other County Funds Lead Agency xx-xx CSAH xx Placeholder Design Township - - - - - - - Dakota County 63-xx CSAH 63 Marie to TH 149 (Dodd Rd)Design W St Paul,Med Hgts 600,000 150,000 - - 405,000 - 45,000 Dakota County 80-xx CSAH 80 TH 3 to 1 mile west of CSAH 79 Design Castle Rock Twp 500,000 - - - 450,000 - 50,000 Dakota County Attorney Reimbursement 251,880 - - - - - 251,880 Dakota County CIP Reimbursement to Operations 5,530,329 1,152,970 - - 2,104,370 - 2,272,989 Dakota County Future Studies/Professional Services 300,000 135,000 - - - - 165,000 Dak Co/Consultant Township Road Distribution 20,900 - - - - - 20,900 Dakota County Consultant Construction Administration 600,000 - - - 300,000 - 300,000 Consultant0 3 Resources Subtotal: 7,803,109 1,437,970 - - 3,259,370 - 3,105,769 2023 TOTAL: 40,678,354 3,204,970 - - 12,183,370 200,000 25,090,014 9/10/2018 12:39 ANNUAL COST CITY SHARE (1)FEDERAL STATE CSAH GRAVEL TAX & OTHER COUNTY COST 2019 81,466,057 13,937,464 6,954,560 60,000 40,552,428 200,000 19,761,605 2020 69,372,103 6,928,661 4,600,000 - 33,669,375 200,000 23,974,067 2021 75,839,454 14,363,403 1,395,000 - 36,579,033 200,000 23,302,018 2022 64,734,454 6,544,670 1,440,000 - 24,753,110 200,000 31,796,674 2023 40,678,354 3,204,970 - - 12,183,370 200,000 25,090,014 TOTAL: 332,090,422 44,979,168 14,389,560 60,000 147,737,316 1,000,000 123,924,378 EXPANSION: RESOURCES: TRANSPORTATION DEPARTMENT CAPITAL IMPROVEMENT PROGRAM 5-YEAR SUMMARY CIP 5 Year Summary Projects By Year DRAFT page 26 5-YEAR COST CITY SHARE (1)FEDERAL STATE CSAH GRAVEL TAX & OTHER COUNTY COST PRESERVATION: 45,626,225 500,000 1,440,000 - 22,419,000 1,000,000 20,267,225 MANAGEMENT: 70,741,800 12,263,953 4,441,560 - 25,865,117 - 28,171,170 REPLACEMENT: 138,338,800 11,626,750 8,384,000 - 72,286,570 - 46,041,480 EXPANSION: 35,376,000 12,505,200 - - 12,566,520 - 10,304,280 RESOURCES: 42,007,597 8,083,265 124,000 60,000 14,600,109 - 19,140,223 TOTAL: 332,090,422 44,979,168 14,389,560 60,000 147,737,316 1,000,000 123,924,378 County Funds County Program Aid (2)Wheelage Tax (3)General Fund Hwy Distribution (6)County Cost Individual Year End Balance Cumulative Year End Balance Est Fund Balance 12.31.18 77,734,669 P 2019 4,672,609 - 3,900,000 - 19,761,605 (11,188,996) 66,545,673 2020 4,719,336 - 4,000,000 2,450,075 23,974,067 (12,804,656) 53,741,017 2021 4,766,529 - 4,100,000 - 23,302,018 (14,435,489) 39,305,528 2022 4,814,194 - 4,200,000 - 31,796,674 (22,782,480) 16,523,048 2023 4,814,194 - 4,200,000 - 25,090,014 (16,075,820) 447,228 TOTAL: 23,786,862 - 20,400,000 2,450,075 123,924,378 State Aid "CSAH" Construction State Aid "CSAH" Maintenance Flexible Highway Account (4)Motor Vehicle Lease Sales Tax (5) State Aid "CSAH" Cost Individual Year End Balance Cumulative Year End Balance (CSAH + Fed Hwy + Fed 63) Est Fund Balance 12.31.18 10,600,000 U 2019 - 11,601,035 1,400,000 1,600,000 12,576,742 40,552,428 (13,374,651) (2,774,651) 2020 - 12,259,673 1,400,000 1,600,000 13,032,697 33,669,375 (5,377,005) (8,151,656) 2021 - 12,274,796 1,400,000 1,600,000 13,222,678 36,579,033 (8,081,559) (16,233,215) 2022 1,723,700 12,397,544 1,400,000 1,600,000 13,619,305 24,753,110 4,263,739 (11,969,476) 2023 - 12,397,544 1,400,000 1,600,000 13,619,305 12,183,370 16,833,479 4,864,003 TOTAL: 1,723,700 60,930,592 7,000,000 8,000,000 66,070,727 147,737,316 TRANSPORTATION DEPARTMENT CAPITAL IMPROVEMENT PROGRAM 5-YEAR SUMMARY BY PROJECT TYPE CIP 5 Year Summary Projects By Year TRANSPORTATION DEPARTMENT CAPITAL IMPROVEMENT PROGRAM - REVENUE CIP 5 Year Summary Projects By Year CIP 5-Year Summary Projects By Year DRAFT page 27 9/10/2018 12:40 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other Placeholder for 2019 250,000 - - - 225,000 - 2019 MANAGEMENT: Signal Projects - Various Locations Signal Revisions/Communications Location 250,000 - - - 225,000 - Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - 30-36 CSAH 30 Diffley at Braddock Tr (only Co $ shown)Signal - Complete Rebuild Eagan 250,000 - - - 225,000 - 31-81 CSAH 31 At 494 Ramps (2-"T" intersections)Signal - Complete Rebuild Eagan/Mend Hgts (only Co $ shown) 320,000 - - - 288,000 - - - - - - - - - - - 2019 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve Location 570,000 - - - 513,000 - 2019 TRANSPORATION TRAFFIC SIGNAL PROJECTS DRAFT page 28 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - - - - - Placeholder for 2020 200,000 100,000 - - 90,000 - - - - - - - - - - - 2020 MANAGEMENT: Signal Projects - Various Locations Signal Revisions/Communications Location 200,000 100,000 - - 90,000 - 9/10/2018 12:40 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other 2020 Placeholder ($2M total) 650,000 325,000 - - 292,500 - 32-92 CSAH 32 Cliff Rd at Slater Rd in Eagan Signal - Complete Rebuild Eagan 350,000 175,000 - - 157,500 - 32-93 CSAH 32 Cliff Rd at Thomas Center/Beacon Hill Signal - Complete Rebuild * Contingent upon 2018 Study Eagan 1,000,000 500,000 - - 450,000 - 2020 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve Location 2,000,000 1,000,000 - - 900,000 - Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other 42-124 CSAH 42 At Pennock Ave Design Apple Valley 52,500 23,625 - - 25,875 - 42-125 CSAH 42 At Hayes Ave Design Apple Valley 82,500 37,125 - - 43,875 - 42-126 CSAH 42 CSAH 42 At Southcross Drive Design Signal-Complete Rebuild Burnsville 10,000 5,000 - - 4,500 - 42-127 CSAH 42 At Gardenview Drive Design Apple Valley 225,000 101,250 - - 111,350 - 42-133 CSAH 42 At Elm Dr, At Redwood Dr Design Apple Valley 127,500 - - - 114,750 - 42-134 CSAH 42 At Garrett Ave Design Apple Valley 127,500 57,375 - - 63,125 - 42-151 CSAH 42 At Galaxie Ave Design Apple Valley 52,500 23,625 - - 25,875 - 33-017 CSAH 33 Diamond Path at CSAH 42 Design Apple Valley/Rosemount 52,500 23,625 - - 25,875 - 2020 TRANSPORATION TRAFFIC SIGNAL PROJECTS DRAFT page 29 2020 CSAH 42 Resources: CSAH 42 Corridor Intersection Projects Design Location 730,000 271,625 - - 415,225 - 9/10/2018 12:40 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - - - - - Placeholder for 2021 200,000 100,000 - - 90,000 - - - - - 2021 MANAGEMENT: Signal Projects - Various Locations Signal Revisions/Communications Location 200,000 100,000 - - 90,000 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - - - - - Placeholder for 2021 2,000,000 1,000,000 - - 900,000 - - - - - 2021 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve Location 2,000,000 1,000,000 - - 900,000 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other 42-124 CSAH 42 At Pennock Ave ROW Acquisition Apple Valley - - - - - 42-125 CSAH 42 At Hayes Ave ROW Acquisition Apple Valley - - - - - 42-127 CSAH 42 At Gardenview Drive ROW Acquisition Apple Valley 1,500,000 675,000 - - 742,500 42-133 CSAH 42 At Elm Dr, At Redwood Dr ROW Acquisition Apple Valley 100,000 - - - 90,000 42-134 CSAH 42 At Garrett Ave ROW Acquisition Apple Valley 425,000 191,250 - - 210,250 42-151 CSAH 42 At Galaxie Ave ROW Acquisition Apple Valley 200,000 90,000 - - 99,000 33-017 CSAH 33 Diamond Path at CSAH 42 ROW Acquisition Apple Valley/Rosemount 50,000 - - - 45,000 2021 CSAH 42 CSAH 42 Corridor Intersection Projects Design Location 2,275,000 956,250 - - 1,186,750 2021 TRANSPORATION TRAFFIC SIGNAL PROJECTS DRAFT page 30 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other 42-124 CSAH 42 At Pennock Ave Consultant Construction Admin Apple Valley 28,000 12,600 - - 13,900 - 42-125 CSAH 42 At Hayes Ave Consultant Construction Admin Apple Valley 44,000 19,800 - - 21,700 - 42-126 CSAH 42 CSAH 42 At Southcross Drive Consultant Construction Admin Burnsville 70,000 35,000 - - 31,500 - 42-127 CSAH 42 At Gardenview Drive Consultant Construction Admin Apple Valley 120,000 54,000 - - 59,000 - 42-133 CSAH 42 At Elm Dr, At Redwood Dr Consultant Construction Admin Apple Valley 68,000 - - - 61,000 - 42-134 CSAH 42 At Garrett Ave Consultant Construction Admin Apple Valley 68,000 30,600 - - 33,650 - 42-151 CSAH 42 At Galaxie Ave Consultant Construction Admin Apple Valley 28,000 12,600 - - 13,900 - 33-017 CSAH 33 Diamond Path at CSAH 42 Consultant Construction Admin Apple Valley/Rosemount 28,000 - - - 25,200 - 2021 CSAH 42 Resources: CSAH 42 Corridor Intersection Projects Design Location 454,000 164,600 - - 259,850 - 9/10/2018 12:40 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - - - - - Placeholder for 2022 200,000 100,000 - - 90,000 - - - - - - 2022 MANAGEMENT: Signal Projects - Various Locations Signal Revisions/Communications Location 200,000 100,000 - - 90,000 - Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - - - - - Placeholder for 2022 2,000,000 1,000,000 - - 900,000 - - - - - - 2022 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve Location 2,000,000 1,000,000 - - 900,000 - 2022 TRANSPORATION TRAFFIC SIGNAL PROJECTS DRAFT page 31 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other 42-124 CSAH 42 At Pennock Ave Signal - Construction Apple Valley 350,000 157,500 - - 173,250 42-125 CSAH 42 At Hayes Ave Signal - Construction Apple Valley 550,000 247,500 - - 272,250 42-126 CSAH 42 At Southcross Drive Signal - Complete Rebuild Burnsville 350,000 175,000 - - 157,500 42-127 CSAH 42 At Gardenview Drive Signal - Construction Apple Valley 1,500,000 675,000 - - 742,500 42-133 CSAH 42 At Elm Dr, At Redwood Dr Intersection Improvements Apple Valley 850,000 - - - 765,000 42-134 CSAH 42 At Garrett Ave Signal - Construction Apple Valley 850,000 382,500 - - 420,750 42-151 CSAH 42 At Galaxie Ave Signal - Construction Apple Valley 350,000 157,500 - - 173,250 33-017 CSAH 33 Diamond Path at CSAH 42 Signal - Construction AV/Rosemount 350,000 - - - 315,000 2022 CSAH 42 CSAH 42 Corridor Construction Location 5,150,000 1,795,000 - - 3,019,500 9/10/2018 12:40 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - - - - - Placeholder for 2023 200,000 100,000 - - 90,000 - - - - - 2023 MANAGEMENT: Signal Projects - Various Locations Signal Revisions/Communications Location 200,000 100,000 - - 90,000 Proj. No.ROAD SEGMENT PROJECT DESCRIPTION Location Project Description City Annual Cost City Share (1)Federal State CSAH Other - - - - - Placeholder for 2023 2,000,000 1,000,000 - - 900,000 - - - - - 2023 REPLACEMENT: Signal Projects - Various Locations Replace/New/Geo Improve Location 2,000,000 1,000,000 - - 900,000 2023 TRANSPORATION TRAFFIC SIGNAL PROJECTS DRAFT page 32 JL Key Project Number Project Title Annual Cost City Federal Transportation Sales Tax Total Project Cost 2019 Section ST00001 ST00001 Reconstruction of CSAH 70 from east of I-35 to CSAH 23 (Cedar Ave) in Lakeville 2,625,000 1,181,250 - 1,443,750 21,875,000 ST00003 ST00003 MVTA Bus Shelter Pads and Installation 50,000 - - 50,000 50,000 ST00005 ST00005 Transit Service Expansion Capital and Operating - Set aside 785,000 - - 785,000 785,000 ST00006 ST00006 "New" County Road 32 (Cliff/117th St) from CSAH 32/CSAH 71 (Rich Valley Boulevard) to Trunk Highway 52 in Inver Grove Heights 2,000,000 - - 2,000,000 7,000,000 ST00007 ST00007 CSAH 42 Service Extension to Dakota County Technical College 165,000 - - 165,000 288,750 NEW NEW Reimburse Parks CIP: Lake Marion Greenway - Burnsville 1,000,000 - - 1,000,000 1,000,000 NEW NEW Reimburse Regional Rail Operations - Staff Reimbursement 74,807 - - 74,807 405,179 6,699,807 1,181,250 - 5,518,557 2020 Section ST00001 ST00001 Reconstruction of CSAH 70 from east of I-35 to CSAH 23 (Cedar Ave) in Lakeville 17,500,000 3,500,000 7,000,000 7,000,000 21,875,000 P00109 ST00002 Reimburse Parks CIP: MRRT Rosemount East 1,000,000 - - 1,000,000 2,000,000 ST00003 ST00003 MVTA Bus Shelter Pads and Installation 50,000 - - 50,000 50,000 ST00005 ST00005 Transit Service Expansion Capital and Operating - Set aside 950,000 - - 950,000 950,000 ST00006 ST00006 "New" County Road 32 (Cliff/117th St) from CSAH 32/CSAH 71 (Rich Valley Boulevard) to Trunk Highway 52 in Inver Grove Heights 4,000,000 - - 4,000,000 7,000,000 ST00007 ST00007 CSAH 42 Service Extension to Dakota County Technical College 123,750 - - 123,750 288,750 NEW NEW CSAH 23 (Cedar Avenue) Pedestrian Overpass at 140th Street in Apple Valley 300,000 135,000 - 165,000 4,000,000 NEW NEW Reimburse Regional Rail Operations - Staff Reimbursement 77,799 - - 77,799 405,179 24,001,549 3,635,000 7,000,000 13,366,549 2021 Section ST00003 ST00003 MVTA Bus Shelter Pads and Installation 50,000 - - 50,000 50,000 ST00005 ST00005 Transit Service Expansion for Capital and Operating - Set aside 950,000 - - 950,000 950,000 NEW NEW CSAH 46 - 2 to 4 Lane Expansion 2,000,000 324,000 - 1,676,000 28,000,000 NEW NEW CSAH 23 (Cedar Avenue) Pedestrian Overpass at 140th Street in Apple Valley 700,000 315,000 - 385,000 4,000,000 NEW NEW Reimburse Parks CIP: MRRT Wakota Trailhead 1,000,000 - - 1,000,000 1,000,000 NEW NEW Reimburse Regional Rail Operations - Staff Reimbursement 80,911 - - 80,911 405,179 0 4,780,911 639,000 - 4,141,911 2022 Section NEW NEW City of Burnsville - Pedestrian Crossing TH 13 (County Share)825,000 - - 825,000 825,000 ST00003 ST00003 MVTA Bus Shelter Pads and Installation 50,000 - - 50,000 50,000 NEW NEW Transit Service Expansion Capital and Operating - Set aside 950,000 - - - 950,000 NEW NEW CSAH 46 - 2 to 4 Lane Expansion 4,000,000 648,000 - 3,352,000 28,000,000 0 NEW NEW CSAH 23 (Cedar Avenue) Pedestrian Overpass at 140th Street in Apple Valley 3,000,000 150,000 - 2,850,000 4,000,000 NEW NEW Reimburse Regional Rail Operations - Staff Reimbursement 84,148 - - 84,148 405,179 0 NEW NEW Reimburse Parks CIP: Minnesota River Greenway - Fort Snelling 1,000,000 - - 1,000,000 1,000,000 0 9,909,148 798,000 - 8,161,148 DRAFT page 33 JL Key Project Number Project Title Annual Cost City Federal Transportation Sales Tax 2023 Section ST00004 ST00004 NB - MnPass Lane 20,000,000 - - 20,000,000 NEW NEW CSAH 46 - 2 to 4 Lane Expansion 22,000,000 1,548,000 - 20,452,000 ST00003 ST00003 MVTA Bus Shelter Pads and Installation 50,000 - - 50,000 ST00005 ST00005 Transit Service Expansion Capital and Operating - Set aside 950,000 - - 950,000 NEW NEW Reimburse Regional Rail Operations - Staff Reimbursement 87,514 - - 87,514 NEW NEW Reimburse Parks CIP: Parks & Greenway Improvements - TBD 1,000,000 - - 1,000,000 44,087,514 1,548,000 - 42,539,514 Annual Cost City Department of Transportation /Federal Highway Administration Transportation Sales Tax Local Federal County Funds 2019 6,699,807 1,181,250 - 5,518,557 2020 24,001,549 3,635,000 7,000,000 13,366,549 2021 4,780,911 639,000 - 4,141,911 2022 9,909,148 798,000 - 8,161,148 2023 44,087,514 1,548,000 - 42,539,514 89,478,929 7,801,250 7,000,000 73,727,679 DRAFT page 34 2019 Ref Project #Project Title Levy CPA Park Fund General Fund ELF PTLF Regional Park Bonding Federal MN Historical Society AOF Trans. Sales Tax County-led State Bonding PLANNING 1 0230 Park and Greenway Planning 300,000 300,000 Planning Subtotal 300,000 ACQUISITION 4 P00040 Park and Greenway Acquisitions 1,133,333 3,400,000 4,533,333 Acquisition Subtotal 4,533,333 GENERAL 6 P00117 Grant Match 550,000 550,000 7 NEW Systemwide Pavement Reconstruction 150,000 150,000 General Subtotal 700,000 GREENWAY DEVELOPMENT 11 P00075 Greenway Enhancements 260,000 260,000 12 P00078 Greenway Collaborative 500,000 500,000 14 P00109 MRRT Rosemount East 2,000,000 2,000,000 15 NEW LMGW - Burnsville 60,000 240,000 100,000 1,000,000 1,400,000 16 P00085 BRRT - Mendota Hts Trailhead Improvements 50,000 1,241,008 1,291,008 20 NEW Pine Bend Bluff Historical Marker Restoration 225,000 50,000 275,000 22 P00081 R2RGW - Robert St Crossing 699,257 1,086,743 1,786,000 Greenway Development Subtotal 7,512,008 PARK DEVELOPMENT 26 P00074 Enhancements 375,000 375,000 27 NEW Lake Byllesby Master Plan Improvements 172,372 952,656 204,606 255,000 1,122,255 425,009 3,131,898 29 P00131 Whitetail Woods Master Plan Improvements - Park Development Subtotal 3,506,898 NATURAL RESOURCES 38 P00020 Base Program Funding 263,887 760,000 1,023,887 Natural Resources Subtotal 1,023,887 TOTAL EXPENSE 232,372 2,766,913 1,705,236 3,133,333 2,500,000 2,363,263 425,009 - 50,000 3,400,000 1,000,000 - 17,576,126 TOTAL REQUEST DRAFT page 35 2020 Ref Project #Project Title Levy CPA Park Fund General Fund ELF PTLF (7/1/20) Regional Park Bonding Federal Other AOF Trans. Sales Tax County-led State Bonding PLANNING 1 0230 Park and Greenway Planning 300,000 300,000 Planning Subtotal 300,000 ACQUISITION 4 P00040 Park and Greenway Acquisitions 1,133,333 3,400,000 4,533,333 Acquisition Subtotal 4,533,333 GENERAL 6 P00117 Grant Match 577,500 577,500 7 NEW Systemwide Pavement Reconstruction 157,500 157,500 General Subtotal 735,000 GREENWAY DEVELOPMENT 11 P00075 Greenway Enhancements 250,000 250,000 12 P00078 Greenway Collaborative 525,000 525,000 14 P00109 MRRT Rosemount East 1,000,000 1,000,000 15 NEW LMGW - Burnsville - Greenway Development Subtotal 1,775,000 PARK DEVELOPMENT 26 P00074 Enhancements 250,000 250,000 30 NEW Thompson County Park MP Improvements 235,695 1,186,619 96,728 1,519,042 31 NEW Spring Lake Park MP Improvements 1,249,474 1,249,474 33 NEW Lebanon Hills Master Plan Improvements 100,000 100,000 34 NEW Systemwide Facility Needs Asmt Implementation 750,000 750,000 Park Development Subtotal 3,868,516 NATURAL RESOURCES 38 P00020 Base Program Funding 47,794 1,025,772 1,073,566 Natural Resources Subtotal 1,073,566 TOTAL EXPENSE 235,695 2,766,913 - 1,133,333 2,500,000 1,249,474 - - - 3,400,000 1,000,000 - 12,285,415 TOTAL REQUEST DRAFT page 36 2021 Ref Project #Project Title Levy CPA Park Fund General Fund ELF PTLF (7/1/21) Regional Park Bonding Federal Other AOF Trans. Sales Tax County-led State Bonding PLANNING 1 0230 Park and Greenway Planning 300,000 300,000 Planning Subtotal 300,000 ACQUISITION 4 P00040 Park and Greenway Acquisitions 1,133,333 3,400,000 4,533,333 Acquisition Subtotal 4,533,333 GENERAL 6 P00117 Grant Match 606,375 606,375 7 NEW Systemwide Pavement Reconstruction 165,375 165,375 General Subtotal 771,750 GREENWAY DEVELOPMENT 11 P00075 Greenway Enhancements 262,500 262,500 12 P00078 Greenway Collaborative 551,250 551,250 14 P00109 MRRT Rosemount East 600,000 600,000 24 NEW MRRT - Wakota Trailhead 300,000 1,000,000 1,300,000 Greenway Development Subtotal 2,713,750 PARK DEVELOPMENT 26 P00074 Enhancements 262,500 262,500 30 NEW Thompson County Park MP Improvements 239,052 603,234 842,286 31 NEW Spring Lake Park MP Improvements 634,354 22,039 1,700,034 2,356,427 33 NEW Lebanon Hills Master Plan Improvements 1,249,474 1,249,474 34 NEW Systemwide Facility Needs Asmt Implementation 750,000 750,000 Park Development Subtotal 5,460,687 NATURAL RESOURCES 38 P00020 Base Program Funding 62,700 1,046,586 1,109,286 Natural Resources Subtotal 1,109,286 TOTAL EXPENSE 239,052 2,766,913 - 1,133,333 2,500,000 1,249,474 1,700,034 900,000 - 3,400,000 1,000,000 - 14,888,806 TOTAL REQUEST DRAFT page 37 2022 Ref Project #Project Title Levy CPA Park Fund General Fund ELF PTLF (7/1/22) Regional Park Bonding Federal Other AOF Trans. Sales Tax County-led State Bonding PLANNING 1 0230 Park and Greenway Planning 300,000 300,000 Planning Subtotal 300,000 ACQUISITION 4 P00040 Park and Greenway Acquisitions 1,133,333 3,400,000 4,533,333 Acquisition Subtotal 4,533,333 GENERAL 6 P00117 Grant Match 636,694 636,694 7 NEW Systemwide Pavement Reconstruction 173,644 173,644 General Subtotal 810,338 GREENWAY DEVELOPMENT 11 P00075 Greenway Enhancements 275,625 275,625 12 P00078 Greenway Collaborative 578,813 578,813 17 P00127 MnRGW - Ft Snelling Segment 600,000 1,249,474 3,200,000 1,000,000 6,049,474 19 NEW R2RGW - Valley Park and TH 149 (Dodd) Underpass 288,000 1,152,000 1,440,000 23 NEW MRRT Master Plan Improvements 220,597 17,867 238,464 25 NEW NCGW - Lakeville and Farmington 120,000 480,000 600,000 Greenway Development Subtotal 9,182,376 PARK DEVELOPMENT 26 P00074 Enhancements 275,625 275,625 32 NEW Miesville Ravine MP Improvements 21,845 1,700,034 1,721,879 33 NEW Lebanon Hills Master Plan Improvements 100,000 100,000 34 NEW Systemwide Facility Needs Asmt Implementation 750,000 750,000 Park Development Subtotal 2,847,504 NATURAL RESOURCES 38 P00020 Base Program Funding 138,590 1,012,056 1,150,646 Natural Resources Subtotal 1,150,646 TOTAL EXPENSE 242,442 2,766,913 - 1,133,333 2,500,000 1,249,474 1,700,034 4,832,000 - 3,400,000 1,000,000 - 18,824,196 TOTAL REQUEST DRAFT page 38 2023 Ref Project #Project Title Levy CPA Park Fund General Fund ELF PTLF (7/1/23) Regional Park Bonding Federal Other AOF Trans. Sales Tax County-led State Bonding PLANNING 1 0230 Park and Greenway Planning 300,000 300,000 Planning Subtotal 300,000 ACQUISITION 4 P00040 Park and Greenway Acquisitions 1,133,333 3,400,000 4,533,333 Acquisition Subtotal 4,533,333 GENERAL 6 P00117 Grant Match 668,528 668,528 7 NEW Systemwide Pavement Reconstruction 182,326 182,326 8 NEW Park & Greenway MP Improvements 1,700,034 1,000,000 2,700,034 General Subtotal 3,550,888 GREENWAY DEVELOPMENT 11 P00075 Greenway Enhancements 289,406 289,406 12 P00078 Greenway Collaborative 607,753 607,753 23 NEW MRRT Master Plan Improvements 144,866 1,249,474 1,394,340 Greenway Development Subtotal 2,291,499 PARK DEVELOPMENT 26 P00074 Enhancements 289,406 289,406 33 NEW Lebanon Hills Master Plan Improvements 986,148 986,148 34 NEW Systemwide Facility Needs Asmt Implementation 750,000 750,000 Park Development Subtotal 2,025,554 NATURAL RESOURCES 38 P00020 Base Program Funding 240,686 952,659 1,193,345 Natural Resources Subtotal 1,193,345 TOTAL EXPENSE 144,866 2,766,913 - 1,133,333 2,500,000 1,249,474 1,700,034 - - 3,400,000 1,000,000 - 13,894,620 TOTAL REQUEST DRAFT page 39 DRAFT Parks CIP: Five Year Summary (2019-2023) Ref Project #Project Title 2019 2020 2021 2022 2023 PLANNING 1 0230 Park and Greenway Planning 300,000 300,000 300,000 300,000 300,000 Planning Subtotal ACQUISITION 4 P00040 Park and Greenway Acquisitions 4,533,333 4,533,333 4,533,333 4,533,333 4,533,333 Acquisition Subtotal GENERAL 6 P00117 Grant Match 550,000 577,500 606,375 636,694 668,528 7 NEW Systemwide Pavement Reconstruction 150,000 157,500 165,375 173,644 182,326 8 NEW Park & Greenway MP Improvements - - - - 2,700,034 General Subtotal GREENWAY DEVELOPMENT 11 P00075 Greenway Enhancements 260,000 250,000 262,500 275,625 289,406 12 P00078 Greenway Collaborative 500,000 525,000 551,250 578,813 607,753 14 P00109 MRRT Rosemount East 2,000,000 1,000,000 600,000 - - 15 NEW LMGW - Burnsville 1,400,000 - - - - 16 P00085 BRRT - Mendota Hts Trailhead Improvements 1,291,008 - - - - 17 P00127 MnRGW - Ft Snelling Segment - - - 6,049,474 - 19 NEW R2RGW - Valley Park and TH 149 (Dodd) Underpass - - - 1,440,000 - 20 NEW Pine Bend Bluff Historical Marker Restoration 275,000 - - - - 22 P00081 R2RGW - Robert St Crossing 1,786,000 - - - - 23 NEW MRRT Master Plan Improvements - - - 238,464 1,394,340 24 NEW MRRT - Wakota Trailhead - - 1,300,000 - - 25 NEW NCGW - Lakeville and Farmington - - - 600,000 - Greenway Development Subtotal PARK DEVELOPMENT 26 P00074 Enhancements 375,000 250,000 262,500 275,625 289,406 27 NEW Lake Byllesby Master Plan Improvements 3,131,898 - - - - 29 P00131 Whitetail Woods Master Plan Improvements - - - - - 30 NEW Thompson County Park MP Improvements - 1,519,042 842,286 - - 31 NEW Spring Lake Park MP Improvements - 1,249,474 2,356,427 - - 32 NEW Miesville Ravine MP Improvements - - - 1,721,879 - 33 NEW Lebanon Hills Master Plan Improvements - 100,000 1,249,474 100,000 986,148 34 NEW Systemwide Facility Needs Asmt Implementation - 750,000 750,000 750,000 750,000 Park Development Subtotal NATURAL RESOURCES 38 P00020 Base Program Funding 1,023,887 1,073,566 1,109,286 1,150,646 1,193,345 Natural Resources Subtotal TOTAL EXPENSE 17,576,126 12,285,415 14,888,806 18,824,196 13,894,620 DRAFT page 40 Page JL Key Project Number Project Title Year Annual Cos t State-Bonding DCC Construction Fund Environmental Legacy Fund County Funds Total Project Cost Project Type State Other County Funds County Funds 2019 EQUIPMENT REPLACEMENT: New New Replace (5) Juvenile Service Center HVAC Rooftop Units 2019 150,000 - - - 150,000 150,000 Equipment Replacement New New Replace Pneumatic BAS Controls 2019 150,000 - - - 150,000 150,000 Equipment Replacement New New Juvenile Service Center Laundry Upgrade 2019 31,000 - - - 31,000 31,000 Equipment Replacement New New Northern Service Center Building Automation System Replacement 2019 500,000 - - - 500,000 650,000 Equipment Replacement New New Dakota Communications Center Programmed Equipment Replacement 2019 168,925 - 168,925 - - 280,910 Equipment Replacement New New Law Enforcement Center HVAC Improvements 2019 375,000 - - - 375,000 375,000 Equipment Replacement New New Wentworth Library BAS Controls Upgrade 2019 165,000 - - - 165,000 165,000 Equipment Replacement New New Countywide Elevator Study and Phase 1 Improvements 2019 550,000 - - - 550,000 550,000 Equipment Replacement New New Law Enforcement Center Generator Replacement 2019 150,000 - - - 150,000 1,500,000 Equipment Replacement New New Northern Service Center Electrical Transfer Switch Replacement 2019 100,000 - - - 100,000 100,000 Equipment Replacement 2019 Equipment Replacement Subtotal:2,339,925 168,925 2,171,000 3,951,910 MAINTENANCE & REPAIR: B70041 B70041 Carpet Replacement Program 2019 210,000 - - - 210,000 1,319,300 Maintenance &Repair New New Roof Replacement Program 2019 797,500 - - - 797,500 3,271,500 Maintenance &Repair B70040 B70040 Parking Lots Seal & Repair 2019 226,500 - - - 226,500 873,500 Maintenance &Repair New New Judicial Center Public Restrooms Renovation 2019 43,200 - - - 43,200 403,200 Maintenance &Repair New New Law Enforcement Center Housing Unit Maintenance Allocation 2019 100,000 - - - 100,000 300,000 Maintenance &Repair B20018 B20018 Law Enforcement Center Security Improvements 2019 55,000 - - - 55,000 330,000 Maintenance &Repair New New Inver Glen Library Exterior Enclosure 2019 140,000 - - - 140,000 140,000 Maintenance &Repair 2019 Maintenance & Repair Subtotal:1,572,200 1,572,200 6,637,500 NEW CONSTRUCTION: B70049 B70049 Recycling Center Site / Preliminary Design 2019 2,000,000 - - 2,000,000 - 2,300,000 New Construction New New Maintenance Facility Optimization Study (MFOS) Implementation Plan - Empire S 2019 8,398,528 - - - 8,398,528 13,631,256 New Construction New New SMART Center 2019 6,320,000 3,160,000 - - 3,160,000 13,200,000 New Construction 2019 New Construction Subtotal:16,718,528 3,160,000 2,000,000 11,558,528 29,131,256 OTHER/MISCELLANEOUS: New New Library Security Enhancements 2019 65,000 - - - 65,000 65,000 Other/Miscellaneous B70051 B70051 Special Assessments 2019 20,000 - - - 20,000 120,000 Other/Miscellaneous B70052 B70052 Storm Water Improvements 2019 25,000 - - - 25,000 150,000 Other/Miscellaneous New New Countywide Exterior Wayfinding Signage Design and Strategic Replacement 2019 55,000 - - - 55,000 180,000 Other/Miscellaneous New New Open Office Space Sound Masking 2019 170,000 - - - 170,000 490,000 Other/Miscellaneous New New Courts Holding Cells Enhancements 2019 125,000 - - - 125,000 125,000 Other/Miscellaneous New New Countywide Fall Protection Study and Phase 1 Improvements 2019 145,000 - - - 145,000 145,000 Other/Miscellaneous 2019 Other/Miscellaneous Subtotal:605,000 605,000 28,966,948DRAFT page 41 RENOVATION: Page JL Key Project Number Project Title Year Annual Cost State-Bonding DCC Construction Fund Environmental Legacy Fund County Funds Total Project Cost Project Type New New Wentworth Library Design and Renovation 2019 552,057 - - - 552,057 5,570,571 Renovation B30029 B30029 Heritage Library Renovation 2019 2,713,200 - - - 2,713,200 5,822,000 Renovation B30026 B30026 Pleasant Hill Library Renovation 2019 1,761,420 - - - 1,761,420 3,693,700 Renovation 0 B70050 Miscellaneous Projects 2019 185,000 - - - 185,000 1,110,000 0 B70054 B70054 Adjustable Work Stations 2019 400,000 - - - 400,000 1,600,000 Renovation B30031 B30031 Galaxie Library Renovation 2019 340,000 - - - 340,000 5,400,000 Renovation B70056 B70056 Countywide Office Space Reconfigurations 2019 450,000 - - - 450,000 2,885,000 Renovation B10040 B10040 Northern and Western Service Center Courts Security Improvements 2019 1,200,000 - - - 1,200,000 1,794,000 Renovation New New Juvenile Service Center Intake Area Enhancements 2019 125,000 - - - 125,000 125,000 Renovation 2019 Renovation Subtotal: 7,726,677 7,726,677 57,006,613 2019 Building Total 2019 Total 28,962,330 3,160,000 168,925 2,000,000 23,633,405 125,694,227 2020 EQUIPMENT REPLACEMENT: New BXXXX Replace Inver Glen Library 80 Ton Chiller 2020 115,000 - - - 115,000 115,000 Equipment Replacement New New Replace Juvenile Services Center 35 & 42 Ton Cooling Units 2020 175,000 - - - 175,000 175,000 Equipment Replacement New New Wentworth Library Boiler Replacement 2020 175,000 - - - 175,000 175,000 Equipment Replacement New New Heritage Library - Replace 2000 DX Cooling Unit 2020 105,000 - - - 105,000 105,000 Equipment Replacement New New Law Enforcement Center Generator Replacement 2020 1,350,000 - - - 1,350,000 1,500,000 Equipment Replacement 2020 Equipment Replacement Subtotal:1,920,000 1,920,000 2,070,000 MAINTENANCE & REPAIR: B70041 B70041 Carpet Replacement Program 2020 216,300 - - - 216,300 1,319,300 Maintenance &Repair New New Roof Replacement Program 2020 893,000 - - - 893,000 3,271,500 Maintenance &Repair B70040 B70040 Parking Lots Seal & Repair 2020 179,000 - - - 179,000 873,500 Maintenance &Repair New New Judicial Center Public Restrooms Renovation 2020 360,000 - - - 360,000 403,200 Maintenance &Repair New New Judicial Center Loading Dock Modifications 2020 75,000 - - - 75,000 75,000 Maintenance &Repair New New Law Enforcement Center Housing Unit Maintenance Allocation 2020 100,000 - - - 100,000 300,000 Maintenance &Repair New New Western Service Center Loading Dock Modifications 2020 75,000 - - - 75,000 75,000 Maintenance &Repair B20018 B20018 Law Enforcement Center Security Improvements 2020 55,000 - - - 55,000 330,000 Maintenance &Repair 2020 Maintenance & Repair Subtotal:1,953,300 1,953,300 6,647,500 NEW CONSTRUCTION: New New Recycling Zone Study Implementation Plan 2020 1,292,420 - - 1,292,420 - 9,355,756 New Construction New New SMART Center 2020 5,380,000 2,690,000 - - 2,690,000 13,200,000 New Construction 2020 New Construction Subtotal:6,672,420 2,690,000 1,292,420 2,690,000 22,555,756DRAFT page 42 OTHER/MISCELLANEOUS: Page JL Key Project Number Project Title Year Annual Cost State-Bonding DCC Construction Fund Environmental Legacy Fund County Funds Total Project Cost Project Type B70051 B70051 Special Assessments 2020 20,000 - - - 20,000 120,000 Other/Miscellaneous B70052 B70052 Storm Water Improvements 2020 25,000 - - - 25,000 150,000 Other/Miscellaneous New New Judicial and Administration Center Railing Code Modifications 2020 450,000 - - - 450,000 450,000 Other/Miscellaneous New New Countywide Exterior Wayfinding Signage Design and Strategic Replacement 2020 55,000 - - - 55,000 180,000 Other/Miscellaneous New New Open Office Space Sound Masking 2020 155,000 - - - 155,000 490,000 Other/Miscellaneous 0 B70050 Miscellaneous Projects 2020 185,000 - - - 185,000 1,110,000 0 2020 Other/Miscellaneous Subtotal:890,000 890,000 2,500,000 RENOVATION: B70054 B70054 Adjustable Work Stations 2020 400,000 - - - 400,000 1,600,000 Renovation B70055 B70055 Parking Lots LED Conversion 2020 208,000 - - - 208,000 421,000 Renovation B70056 B70056 Countywide Office Space Reconfigurations 2020 450,000 - - - 450,000 2,885,000 Renovation New New Wescott Library Design and Renovation 2020 1,057,238 - - - 1,057,238 10,622,384 Renovation New New County Museum ADA Improvements 2020 1,200,000 - - - 1,200,000 1,200,000 Renovation New New Wentworth Library Design and Renovation 2020 5,018,514 - - - 5,018,514 5,570,571 Renovation 2020 Renovation Subtotal: 8,333,752 8,333,752 22,298,955 2020 Building Total 2020 Total 19,769,472 2,690,000 - 1,292,420 15,787,052 56,072,211 2021 EQUIPMENT REPLACEMENT: New New Programmed Security Camera Replacement 2021 187,000 - - - 187,000 187,000 Equipment Replacement 2021 Equipment Replacement Subtotal:187,000 187,000 187,000 MAINTENANCE & REPAIR: B70041 B70041 Carpet Replacement Program 2021 223,000 - - - 223,000 1,319,300 Maintenance &Repair New New Roof Replacement Program 2021 798,500 - - - 798,500 3,271,500 Maintenance &Repair B70040 B70040 Parking Lots Seal & Repair 2021 112,000 - - - 112,000 873,500 Maintenance &Repair B20018 B20018 Law Enforcement Center Security Improvements 2021 55,000 - - - 55,000 330,000 Maintenance &Repair New New Western Service Center Chiller Rebuild 2021 55,000 - - - 55,000 55,000 Maintenance &Repair 2021 Maintenance & Repair Subtotal:1,243,500 1,243,500 5,849,300 NEW CONSTRUCTION: New New Recycling Zone Study Implementation Plan 2021 4,607,448 - - 4,607,448 - 9,355,756 New Construction 2021 New Construction Subtotal:4,607,448 4,607,448 9,355,756 OTHER/MISCELLANEOUS: B70051 B70051 Special Assessments 2021 20,000 - - - 20,000 120,000 Other/Miscellaneous B70052 B70052 Storm Water Improvements 2021 25,000 - - - 25,000 150,000 Other/Miscellaneous New New Open Office Space Sound Masking 2021 55,000 - - - 55,000 490,000 Other/Miscellaneous 0 B70050 Miscellaneous Projects 2021 185,000 - - - 185,000 1,110,000 0 2021 Other/Miscellaneous Subtotal:285,000 285,000 1,870,000DRAFT page 43 RENOVATION: Page JL Key Project Number Project Title Year Annual Cost State-Bonding DCC Construction Fund Environmental Legacy Fund County Funds Total Project Cost Project Type B70054 B70054 Adjustable Work Stations 2021 400,000 - - - 400,000 1,600,000 Renovation B70056 B70056 Countywide Office Space Reconfigurations 2021 450,000 - - - 450,000 2,885,000 Renovation New New Wescott Library Design and Renovation 2021 9,565,146 - - - 9,565,146 10,622,384 Renovation New New Burnhaven Library Design and Renovation 2021 565,605 - - - 565,605 5,706,051 Renovation 2021 Renovation Subtotal: 10,980,751 10,980,751 20,813,435 2021 Building Total 2021 Total 17,303,699 - - 4,607,448 12,696,251 38,075,491 2022 EQUIPMENT REPLACEMENT: New New Dakota Communications Center Programmed Equipment Replacement 2022 111,985 - 111,985 - - 280,910 Equipment Replacement New New Juvenile Service Center Generator Replacement 2022 40,000 - - - 40,000 450,000 Equipment Replacement 2022 Equipment Replacement Subtotal:151,985 111,985 40,000 730,910 MAINTENANCE & REPAIR: B70041 B70041 Carpet Replacement Program 2022 229,500 - - - 229,500 1,319,300 Maintenance &Repair New New Roof Replacement Program 2022 315,000 - - - 315,000 3,271,500 Maintenance &Repair B70040 B70040 Parking Lots Seal & Repair 2022 112,000 - - - 112,000 873,500 Maintenance &Repair B20018 B20018 Law Enforcement Center Security Improvements 2022 55,000 - - - 55,000 330,000 Maintenance &Repair 2021 Maintenance & Repair Subtotal:711,500 711,500 5,794,300 NEW CONSTRUCTION: New New Recycling Zone Study Implementation Plan 2022 3,455,888 - - 3,455,888 - 9,355,756 New Construction 2022 New Construction Subtotal:3,455,888 3,455,888 9,355,756 OTHER/MISCELLANEOUS: B70051 B70051 Special Assessments 2022 20,000 - - - 20,000 120,000 Other/Miscellaneous B70052 B70052 Storm Water Improvements 2022 25,000 - - - 25,000 150,000 Other/Miscellaneous 0 B70050 Miscellaneous Projects 2022 185,000 - - - 185,000 1,110,000 0 2022 Other/Miscellaneous Subtotal:230,000 230,000 1,380,000 RENOVATION: B70056 B70056 Countywide Office Space Reconfigurations 2022 450,000 - - - 450,000 2,885,000 Renovation New New Robert Trail Library Design and Renovation 2022 539,681 - - - 539,681 5,446,808 Renovation New New Burnhaven Library Design and Renovation 2022 5,140,446 - - - 5,140,446 5,706,051 Renovation 2022 Renovation Subtotal: 6,130,127 6,130,127 14,037,859 2022 Building Total 2022 Total 10,679,500 - 111,985 3,455,888 7,111,627 31,298,825 DRAFT page 44 2023 EQUIPMENT REPLACEMENT: Page JL Key Project Number Project Title Year Annual Cost State-Bonding DCC Construction Fund Environmental Legacy Fund County Funds Total Project Cost Project Type New New Juvenile Service Center Generator Replacement 2023 410,000 - - - 410,000 450,000 Equipment Replacement 2023 Equipment Replacement Subtotal:410,000 410,000 450,000 MAINTENANCE & REPAIR: B70041 B70041 Carpet Replacement Program 2023 236,500 - - - 236,500 1,319,300 Maintenance &Repair New New Roof Replacement Program 2023 372,000 - - - 372,000 3,271,500 Maintenance &Repair B70040 B70040 Parking Lots Seal & Repair 2023 112,000 - - - 112,000 873,500 Maintenance &Repair 2023 Maintenance & Repair Subtotal:720,500 720,500 5,464,300 NEW CONSTRUCTION: New New Lebanon Hills Grounds Maintenance Shop 2023 843,711 - - - 843,711 6,106,197 New Construction New New South Grounds and Transportation Maintenance Shop 2023 1,680,818 - - - 1,680,818 12,159,779 New Construction 2023 New Construction Subtotal:2,524,529 2,524,529 18,265,976 OTHER/MISCELLANEOUS: B70051 B70051 Special Assessments 2023 20,000 - - - 20,000 120,000 Other/Miscellaneous B70052 B70052 Storm Water Improvements 2023 25,000 - - - 25,000 150,000 Other/Miscellaneous 0 B70050 Miscellaneous Projects 2023 185,000 - - - 185,000 1,110,000 0 2023 Other/Miscellaneous Subtotal:230,000 230,000 1,380,000 RENOVATION: New New Inver Glen Library Design and Renovation 2023 433,332 - - - 433,332 4,383,315 Renovation B70056 B70056 Countywide Office Space Reconfigurations 2023 450,000 - - - 450,000 2,885,000 Renovation New New Robert Trail Library Design and Renovation 2023 4,907,127 - - - 4,907,127 5,446,808 Renovation 2023 Renovation Subtotal: 5,790,459 5,790,459 12,715,123 2023 Building Total 2023 Total 9,675,488 - - - 9,675,488 38,275,399 DRAFT page 45 State-Bonding DCC Construction Fund Environmental Legacy Fund County Funds State Other County Funds County Funds 2019 28,962,330 3,160,000 168,925 2,000,000 23,633,405 2020 19,769,472 2,690,000 - 1,292,420 15,787,052 2021 17,303,699 - - 4,607,448 12,696,251 2022 10,679,500 - 111,985 3,455,888 7,111,627 2023 9,675,488 - - - 9,675,488 Five Year Summary 86,390,489 5,850,000 280,910 11,355,756 68,903,823 Year Annual Cost DRAFT page 46 Page JL Key Project Number Short Description Project Title Year Annual Cost Board of Water and Soil Resources Legacy- Outdoor Heritage Environmental Legacy Fund Total Project Cost Project Type State State County Funds 2019 0 ENV01 Land Acquisition and Restoration Land Acquisition and Restoration 2019 5,400,000 0 4,200,000 1,200,000 12,900,000 Other/Miscellaneous 0 ENV02 Wetlands and Water Retention Wetlands and Water Retention 2019 1,800,000 1,000,000 0 800,000 5,400,000 Other/Miscellaneous 0 ENV03 Water Quality BMP's Water Quality Capital Projects 2019 350,000 0 0 350,000 1,550,000 Other/Miscellaneous 2019 Total 7,550,000 1,000,000 4,200,000 2,350,000 2020 0 ENV03 Water Quality BMP's Water Quality Capital Projects 2020 350,000 0 0 350,000 1,550,000 Other/Miscellaneous 0 0 Thompson Oaks Thompson Oaks Golf Course 2020 1,000,000 900,000 0 100,000 1,000,000 Other/Miscellaneous 2020 Total 1,350,000 900,000 - 450,000 2021 0 ENV01 Land Acquisition and Restoration Land Acquisition and Restoration 2021 3,750,000 0 3,000,000 750,000 12,900,000 Other/Miscellaneous 0 ENV02 Wetlands and Water Retention Wetlands and Water Retention 2021 1,800,000 1,000,000 0 800,000 5,400,000 Other/Miscellaneous 0 ENV03 Water Quality BMP's Water Quality Capital Projects 2021 350,000 0 0 350,000 1,550,000 Other/Miscellaneous 2021 Total 5,900,000 1,000,000 3,000,000 1,900,000 2022 0 ENV03 Water Quality BMP's Water Quality Capital Projects 2022 250,000 0 0 250,000 1,550,000 Other/Miscellaneous 2022 Total 250,000 - - 250,000 2023 0 ENV01 Land Acquisition and Restoration Land Acquisition and Restoration 2023 3,750,000 0 3,000,000 750,000 12,900,000 Other/Miscellaneous 0 ENV02 Wetlands and Water Retention Wetlands and Water Retention 2023 1,800,000 1,000,000 0 800,000 5,400,000 Other/Miscellaneous 0 ENV03 Water Quality BMP's Water Quality Capital Projects 2023 250,000 0 0 250,000 1,550,000 Other/Miscellaneous 2023 Total 5,800,000 1,000,000 3,000,000 1,800,000 DRAFT page 47 Board of Water and Soil Resources Legacy- Outdoor Heritage Environmental Legacy Fund State State County Funds 2019 7,550,000 1,000,000 4,200,000 2,350,000 2020 1,350,000 900,000 - 450,000 2021 5,900,000 1,000,000 3,000,000 1,900,000 2022 250,000 - - 250,000 2023 5,800,000 1,000,000 3,000,000 1,800,000 Five Year Summary 20,850,000 3,900,000 10,200,000 6,750,000 Beyond 2023 - - - Grand Total 20,850,000 3,900,000 10,200,000 6,750,000 Year Annual Cost DRAFT page 48 Page JL Key Short Description Project Title City Location Year Annual Cost General Fund Total Project Cost County Funds 2019 0 CP26-56 Inter-County Fiber Optic Projects Eagan 2019 1,000,000 1,000,000 1,000,000 0 0 Fiber Optic Cable Relocates 0 2019 200,000 200,000 200,000 2019 Total 1,200,000 1,200,000 1,200,000 Year Annual Cost General Fund County Funds 2019 1,200,000 1,200,000 2020 - - 2021 - - 2022 - - 2023 - - Five Year Summary 1,200,000 1,200,000 Beyond 2023 - - Grand Total 1,200,000 1,200,000 DRAFT page 49 JL Key Project Number Project Title Annual Cost City Federal Funds State/Regional Minnesota Valley Transit Authority Metropolitan Council Other Regional Rail Authority Funds Total Project Cost Project Type 2019 Section RR00001 RR00001 METRO Orange Line - Phase I (Capital Share)1,623,000 - - - - - - 1,623,000 6,222,834 0 RR00002 RR00002 METRO Orange Line Extension 60,000 - - - - - - 60,000 10,560,000 2,021 NEW NEW Palomino Station Access Study - TH 77 MnPASS 100,000 - - - 45,000 - - 55,000 100,000 0 1,783,000 - - - 45,000 - - 1,738,000 2020 Section RR00001 RR00001 METRO Orange Line - Phase I (Capital Share)978,084 - - - - - - 978,084 6,222,834 0 RR00002 RR00002 METRO Orange Line Extension 285,000 - - - - - - 285,000 10,560,000 2,021 1,263,084 - - - - - - 1,263,084 2021 Section RR00002 RR00002 METRO Orange Line Extension 9,915,000 - 7,000,000 1,050,000 - - - 1,865,000 10,560,000 2,021 NEW NEW Cliff Road Walk-up Station - METRO Red Line 433,360 - - - - - - 433,360 2,600,160 0 10,348,360 - 7,000,000 1,050,000 - - - 2,298,360 2022 Section RR00004 RR00004 Bicycle and Pedestrian Improvements - METRO Red Line (AV)122,926 24,585 - - - - - 98,341 122,926 0 NEW NEW Robert Street Transitway 100,000 - - - - - - 100,000 30,603,154 0 NEW NEW Cliff Road Walk-up Station - METRO Red Line 2,166,800 - 1,733,440 433,360 - - - - 2,600,160 0 2,389,726 24,585 1,733,440 433,360 - - - 198,341 2023 Section NEW NEW Robert Street Transitway 3,050,315 - 1,525,158 305,032 - - - 1,220,125 30,603,154 0 NEW NEW METRO Red Line - Palomino Station 1,742,100 - - 1,045,260 - - - 696,840 33,000,000 0 NEW NEW METRO Red Line/ Cedar Avenue Transitway Implementation Plan Update 491,702 - - - - 245,851 - 245,851 491,702 0 5,284,117 - 1,525,158 1,350,292 - 245,851 - 2,162,816 Annual Cost City Federal Funds Minnesota Department of Transportation Minnesota Valley Transit Authority Metropolitan Council Other Regional Rail Authority Funds Local Federal State Metro Metro Other County Funds 2019 1,783,000 - - - 45,000 - - 1,738,000 2020 1,263,084 - - - - - - 1,263,084 2021 10,348,360 - 7,000,000 1,050,000 - - - 2,298,360 2022 2,389,726 24,585 1,733,440 433,360 - - - 198,341 2023 5,284,117 - 1,525,158 1,350,292 - 245,851 - 2,162,816 - Total 21,068,287 24,585 10,258,598 2,833,652 45,000 245,851 - 7,660,601 DRAFT page 50 REQUEST FOR COUNCIL ACTION DATE: October 2, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Authorize Purchase Order for Storm Sewer Improvements COMMENT: INTRODUCTION The Council is asked to authorize a purchase order for storm sewer improvements at 531 Marie Avenue and Valley Park Trail. BACKGROUND Mendota Heights installed improvements to a privately constructed pond at 531 Marie Avenue in 2011 as part of the Delaware Avenue Reconstruction project. The outlet for this pond is in need of repair due to a washout of soil from around the outlet pipe which has lowered the level of the pond. Mendota Heights constructed a bituminous trail through Valley Park in 1989 as part of a bond referendum for park improvements. A culvert that was installed as part of this project, between Carmen Lane and Dodd Road, is undersized which is creating erosion due to the excess water needing to flow over the trail to a slope that does not have armoring protection. DISCUSSION The outlet at 531 Marie Avenue is proposed to be salvaged and reinstalled, the area around the manhole will be sealed, and imported fill will be compacted around the salvaged pipe. Access to this site is challenging and it is proposed to use plywood sheets to minimize the disturbance and restoration. The cost for this improvement is quoted at $17,357. The Valley Park culvert project proposes to replace an existing 24 inch diameter metal pipe with a 36 inch diameter plastic pipe and metal aprons and additional rip rap. The cost for this improvement is quoted at $8,410.80. The quote for this work did not consider replacement of the trail asphalt which is estimated to be done for an additional $1,200 bringing the project total to $9,610.80. Staff solicited quotes from two contractors for this work. The quotes are as follows: Didion Contracting - $26,967.80 Northdale Construction. - $29,099.00 page 51 BUDGET IMPACT The costs for these improvements is proposed to be funded through the storm sewer utility fund. The 531 Marie Avenue project has been in the Storm Sewer CIP for a few years with an estimated improvement cost of $20,000. The fund has an adequate balance to complete this work. RECOMMENDATION I recommend that the Council authorize the purchase order for the storm sewer improvements at 531 Marie Avenue and Valley Park Trail to Didion Contracting. ACTION REQUIRED If Council agrees with the staff recommendation, authorize staff to execute a purchase order to Didion Contracting for $26,967.80. This action requires a simple majority vote. page 52 page 53 page 54 Request for City Council Action DATE: October 2, 2018 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: Resolution 2018-75- Accepting A Donation COMMENT: Introduction The City Council is asked to formally accept a donation received from Jane Gardinier. Background By state law, all donations to the City must be accepted by the City Council by means of a resolution. Jane Gardinier has graciously donated a gently used set of golf clubs for use at the Mendota Heights Par 3. The City is grateful for the generosity of this donation. Budget Impact None. Recommendation Staff recommends that the Mendota Heights City Council approve Resolution 2018-75, formally accepting the donation of golf clubs for use at the Mendota Heights Par 3. Action Required If the Council concurs, it should, by motion adopt the following Resolution 2018-75, FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION TO THE CITY. page 55 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-75 FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION TO THE CITY WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights accepts a donation of golf clubs by Jane Gardinier for the Mendota Heights Par 3 Golf Course. Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 56 Request for City Council Action MEETING DATE: October 2, 2018 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: August 2018 Fire Synopsis Fire Calls For the month of August, the Mendota Heights Fire Department responded to 39 calls for service. Of those, 28 of the calls were located in Mendota Heights, two were in Sunfish Lake, three were in Mendota and three were in Lilydale. In addition, we had three mutual aid calls outside of our protected communities (one to West Saint Paul, one to South Saint Paul, and one page out to Red Wing that cancelled before leaving the station). The 39 calls were made up of two actual fires: one vehicle fire, and one residential structure fire. In addition, 11 of the calls were either false alarms or unintentional transmission of alarms, two calls were cancelled before our arrival, three were medical calls, three of the calls were classified as utility gas line issues and two involved utility power lines down and/or arcing. The remaining 13 were classified as “other” in nature. These were in addition to the mutual aid call that was mentioned at the beginning. In regards to the residential structure fire, we did receive auto-aid assistance from Eagan with a crew and a ladder truck responding to the scene. Department Training Opportunities for the month of August covered the following topics: August 8 18:30 Elevator Operations This drill had firefighters practice safe and successful removal of occupants in a stalled elevator. As a department we receive several of these calls each year and we have many different brands and types of elevators. Our firefighters spent time going over the proper procedures in getting occupants out of the elevators safely. August 9 07:00 Water Rescue This drill allows the firefighters to take the Zodiac boat out onto a body of water, place a firefighter into the water and run through rescue scenarios while practicing safe and effective rescue boating skills. August 15/20 1830 August 21 0700 Fire Streams & Fire Hose This drill allowed firefighters to work with and become more familiar with our new hose, the new hose size and the different nozzle types as well as the different pumping pressures needed to support these new hoses and nozzles. August 28 07:00 EMS (Section C) August 29 1830 EMS (Section D) This class provided a total of four more hours of each firefighter’s required ongoing education to maintain their EMR (emergency medical responder) certification. (Firefighters with certifications higher than EMR are not required to come to this class). page 57 MENDOTA HEIGHTS FIRE DEPARTMENT AUGUST 2018 MONTHLY REPORT FIRE CALLS NO. 18153 -18191 NUMBER OF CALLS:39 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $1,000,000 Structure - MH Residential 1 $30,000 $40,000 $70,300 Structure - Contract Areas $550 Cooking Fire Vehicle - MH 1 $4,000 $23,500 Vehicle - Contract Areas $8,000 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 3 $30,000 $40,000 $4,000 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks 3 Arcing/Shorting 2 ALL FIRES, ALL AREAS (MONTH)$74,000 $1,102,350 Chemical Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $1,070,300 FALSE ALARM Residential Malfunction 3 MEND. HTS. ONLY MISCELLANEOUS $21,500 Commercial Malfunction Unintentional - Commercial 2 MEND. HTS. TOTAL LOSS TO DATE $1,091,800 Unintentional - Residential 6 Criminal GOOD INTENT Smoke Scare Dispatched & Cancelled 2 STRUCTURE CONTENT Steam Mistaken for Smoke Other 13 SPRINKLER ACTIVATION - MH 80,000.00$ 15,000.00$ MUTUAL AID 3 TOTAL CALLS 39 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:$80,000 $15,000 MENDOTA HEIGHTS 28 146 146 MENDOTA 3 11 8 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 2 7 11 LILYDALE 3 16 22 INSPECTIONS 20 OTHER 3 11 11 INVESTIGATIONS 27.5 TOTAL 39 191 198 RE-INSPECTION WORK PERFORMED HOURS TO DATE LAST YEAR MEETINGS 4 FIRE CALLS 525 2726.75 2902 MEETINGS 33 300.75 304.5 ADMINISTRATION 10 DRILLS 289 2455.25 1240.5 SPECIAL ACTIVITY 114 258 1736 SPECIAL PROJECTS 2.5 FIRE MARSHAL 64 168 364.5 TOTAL FOR FIRE MARSHAL 64 TOTALS 1025 5908.75 6547.5 REMARKS:SEE OTHER SIDE FOR SYNOPSIS MISC LOSS - TOTALS page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 page 70 Request for City Council Action DATE: October 2, 2018 TO: Mayor, City Council, and City Administrator FROM: Dave Dreelan, Fire Chief SUBJECT: Approval for Grant Application COMMENT: INTRODUCTION The Mendota Heights Fire Department is asking for City Council approval to apply for a grant from the Minnesota State Fire Marshal’s office for the purchase of turnout gear washer/extractor/dryer equipment. BACKGROUND Firefighters experience cancer at a higher rate because of exposure to toxic combustion byproducts. Implementing turnout gear decontamination procedures post fire helps reduce firefighter exposure to toxic combustion byproducts. The State Fire Marshal’s office is offering grants to help offset the cost of commercial turnout gear washer/extractor/dryer equipment which can cost upwards of $10,000. They are estimating that available funding will pay for individual grants of no more than $10,000. A local match of the grant award is required. The required matching percentage is based on population of the city. Our percentage of required match would be 25%. Currently, the fire station has one washer/extractor. This requires members to make a dedicated trip back to the station to place a new load of gear into the washer as it becomes available. Gear is then hung to dry in the hose tower. It can take two or more days for gear to completely dry in this manner. Additionally, the department does not have a sufficient supply of extra turnout gear to take all soiled gear out of service until clean without also impacting the department's ability to be ready to respond to the next call. In 2018, plans have been developed and approved to make improvements to the fire station. The layout will allow the department to greatly improve health and safety in general, and gear cleaning capability specifically. BUDGET IMPACT If the grant money is awarded the city would need to match 25% of the funds according to the grant requirements. page 71 In 2019, the city will purchase and install one additional gear washer/extractor and two gear driers at the Mendota Heights Fire Department station. The cost of this update to the station is estimated to be as follows: • One washer/extractor - purchase price of $8,000 plus $2,000 to make the necessary infrastructure updates to install it. • Two gear dryers - purchase price of $8,000 each. We do not expect there to be additional costs associated with the installation of the gear dryers. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the application for the matching grant money from the State Fire Marshal’s office and authorize the Mayor and Fire Chief to sign the application for submittal. ACTION REQUIRED If Council concurs, it should by motion, approve the application for the matching grant money from the State Fire Marshal’s office and authorize the Mayor and Fire Chief to sign the application for submittal. page 72 REQUEST FOR COUNCIL ACTION DATE: October 2, 2018 TO: Mayor and City Council FROM: Dave Dreelan, Fire Chief Mark McNeill, City Administrator SUBJECT: Selection of Fire Station Construction Manager COMMENT: INTRODUCTION The Council is asked to approve the hiring of CPMI as the Construction Management Company for the construction/remodeling of the Fire Station project. BACKGROUND The Council has previously approved the construction management concept for use with the fire station project. By doing this, the City will have a full-time advocate on site to oversee the remodeling and construction of the fire station. The construction manager will allow the City to act as its own general contractor. The architect for the project, CNH, suggested a number of companies who are known to provide these services, and asked them to respond to a Request for Proposals. Four of them responded. On September 28th, a panel made up of Dave Dreelan, Fire Chief, Scott Goldenstein Assistant Fire Chief, Dale Stein, Training Officer, Ryan Ruzek, Public Works Director, and Quinn Hutson, Principal CNH Architects, interviewed the prospective candidates. The panel’s recommended company is CPMI. The company has had extensive experience in this field, and has specifically managed the construction of fire stations previously. A copy of their RFP and a draft contract are attached. BUDGET IMPACT The fee for their services is $309,657.00. While that is an additional line item in the budget, those fees are expected to be offset by eliminating the overhead and profit costs of a general contractor. page 73 RECOMMENDATION The interview panel recommends the hiring of CPMI as Construction Manager for the fire station project. Hiring this company now will allow the Construction Manager to become involved with the design and bid process, which is currently underway by CNH. ACTION REQUIRED If the Council concurs, it should, by motion, authorize the hire of CPMI as Construction Manager for the Mendota Heights Fire Station Improvements project. ____________________________ ___________________________ Dave Dreelan, Mark McNeill, Fire Chief City Administrator page 74 page 75 page 76 page 77 page 78 page 79 page 80 page 81 page 82 page 83 page 84 page 85 page 86 page 87 page 88 page 89 page 90 page 91 page 92 page 93 page 94 page 95 page 96 page 97 page 98 page 99 page 100 AIA ® Document C132TM – 2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™– 2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and B132™– 2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. ^AIA Document A232™–2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « »Second day of « «October» in the year «Two Thousand and Eighteen » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) «City of Mendota Heights»«» «1101 Victoria Curve Mendota Heights, MN 55118» «Telephone Number: (651) 452-1850» «» and the Construction Manager: (Name, legal status, address and other information) « »« » « » « » « » for the following Project: (Name, location and detailed description) «Mendota Heights Fire Station Remodel and Addition, 2121 Dodd Road. The project is a two phase addition and remodel resulting in an approximately 20,000 square foot station and updated facility.» «» «» The Architect: (Name, legal status, address and other information) «CNH Architects, Inc.»«» «7300 West 147th Street, Suite 504 Apple Valley, MN 55124» «Telephone Number: 952-431-4433» «» The Owner and Construction Manager agree as follows. page 101 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as “not applicable,” “unknown at time of execution” or “to be determined later by mutual agreement.”) § 1.1.1 The Owner’s program for the Project: (Identify documentation or state the manner in which the program will be developed.) «The project will be based on the schematic design documents developed by CNH Architects provided in the Request for Proposal. » § 1.1.2 The Project’s physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) « The proposed project including 14,743 square feet of addition and 12,397 square feet of remodeling of the Mendota Heights Fire Station consists of three areas of building addition and various degrees of remodeling throughout the existing building. » § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) « The Project Budget is estimated as being between $5.5 and $6.5 million for all hard and soft costs combined. » § 1.1.4 The Owner’s anticipated design and construction schedule: .1 Design phase milestone dates, if any: «Design Development complete October 11, 2018 Construction Documents complete / Council Action January 15, 2019 page 102 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 3 Bid Date and Recommendations to Council Late February, 2019 » .2 Commencement of construction: «Construction commencement May 1, 2019, or as weather permits » .3 Substantial Completion date or milestone dates: « «To be determined with input from CM » .4 Other: « » § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid, negotiated Contract or multiple Prime Contracts.) «Multiple Prime Contracts based on competitive public bid packages » § 1.1.6 The Owner’s requirements for accelerated or fast-track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurement packages.) «The project will be constructed in two phases developed with CM input, defined to allow fire department operations throughout the construction process. The phases will be roughly the additions as Phase I followed by remodeling in Phase II. » § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) « » § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information.) «Chief Dave Dreelan» «» «Telephone Number: (651) 485-2272» «» «» «» § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address and other information.) « » § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other information.) .1 Land Surveyor: « »« » « » « » « » page 103 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 4 « » .2 Geotechnical Engineer: « »« » « » « » « » « » .3 Civil Engineer: « »« » « » « » « » « » .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or construction contractor.) « » § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information.) « » « » « » « » « » « » § 1.1.12 The Construction Manager’s staffing plan as required under Section 3.3.2 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.) « » § 1.1.13 The Construction Manager’s consultants retained under Basic Services, if any: .1 Cost Estimator: (List name, legal status, address and other information.) « »« » « » « » « » « » .2 Other consultants: « » § 1.1.14 The Construction Manager’s consultants retained under Additional Services: « » page 104 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 5 § 1.1.15 Other Initial Information on which the Agreement is based: « » § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the schedules, the Construction Manager’s services and the Construction Manager’s compensation. ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than as indicated in the Request for Proposal dated September 5, 2018« » ($ « » ) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than as indicated in the Request for Proposal dated September 5, 2018« » ($ « » ) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers’ Compensation at statutory limits and Employers Liability with a policy limit of not less than as indicated in the Request for Proposal dated September 5, 2018« » ($ « » ). § 2.6.5 Professional Liability covering the Construction Manager’s negligent acts, errors and omissions in its performance of services with policy limits of not less than as indicated in the Request for Proposal dated September 5, 2018« » ($ « » ) per claim and in the aggregate. § 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. page 105 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 6 ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES § 3.1 Definition The Construction Manager’s Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, constructability review, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner’s program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors’ scopes of Work, if multiple Contractors or fast-track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect’s review and Owner’s approval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities and highlight items that could affect the Project’s timely completion. § 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner’s budget and make recommendations for corrective action. § 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. page 106 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 7 § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements of the Owner. § 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including those that must be ordered well in advance of construction. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and for quasi governmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner’s approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect’s review and the Owner’s approval. § 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect’s review and the Owner’s approval. § 3.2.19 The Construction Manager shall develop bidders’ interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner’s award of Contracts or rejection of bids. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. § 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner’s responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. page 107 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 8 § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, the Construction Manager’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232–2009, those modifications shall not affect the Construction Manager’s services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner’s occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor’s cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. page 108 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 9 § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor’s Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor’s Application and Certificate for Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor’s Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors’ Applications for Payment by summarizing information from each Contractor’s Application for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors’ Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the Construction Manager’s evaluations of the Work and on the data comprising the Contractors’ Applications for Payment, that, to the best of the Construction Manager’s knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor’s own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager’s responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. page 109 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 10 § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent of the Drawings and Specifications with its written recommendation, and assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors’ proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect’s modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.3.1.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner’s consultants, Owner’s separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager’s actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor’s Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Multiple Prime Contractors’ Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager’s compensation and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; and .11 Any other items the Owner may require: « » page 110 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 11 § 3.3.20.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractor’s work force report; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: « » § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner- purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.23 With the Architect and the Owner’s maintenance personnel, the Construction Manager shall observe the Contractor’s or Multiple Prime Contractors’ final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.24 When the Construction Manager considers each Contractor’s Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor’s compliance with the requirements of the Contract Documents. § 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld. page 111 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 12 § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager’s responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. (Designate the Additional Services the Construction Manager shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Services Responsibility (Construction Manager, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Measured drawings Not Provided § 4.1.2 Architectural interior design (B252™–2007) Owner (by Architect) § 4.1.3 Tenant-related services Not Provided § 4.1.4 Commissioning (B211™–2007) Not Provided § 4.1.5 LEED® certification (B214™–2012) Not Provided § 4.1.6 Furniture, furnishings, and equipment design (B253™–2007) Owner (assisted by Architect § 4.2 Insert a description of each Additional Service designated in Section 4.1, if not further described in an exhibit attached to this document. « » § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for services required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Construction Manager receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, a public presentation, meeting or hearing; .5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .6 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or .8 Service as the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the page 112 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 13 need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Construction Manager, and the Owner shall have no further obligation to compensate the Construction Manager for those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. .2 To the extent the Construction Manager’s Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. .3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within « » ( « » ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including the Owner’s program, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project’s scope and quality. § 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager’s services. § 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. page 113 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 14 § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service or any fault or defect in the Construction Manager’s services. § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner’s own forces, and to award contracts in connection with the Project which are not part of the Construction Manager’s responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager’s ability to perform the Construction Manager’s responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager’s services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager’s duties and responsibilities set forth in the Contract for Construction with the Construction Manager’s services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors’ methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. page 114 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 15 § 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager’s consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager’s consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2009, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager’s duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Construction Manager’s services, the Construction Manager may proceed in accordance with page 115 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 16 applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ «X » ] Litigation in a court of competent jurisdiction [ « » ] Other: (Specify) « » § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration page 116 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 17 permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Construction Manager under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager’s option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager’s services. The Construction Manager’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager’s services. The Construction Manager’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause. § 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Construction Manager’s services and include expenses directly attributable to termination for which the Construction Manager is not otherwise compensated, plus an amount for the Construction Manager’s anticipated profit on the value of the services not performed by the Construction Manager, as set forth below. § 9.7.1 In the event of termination for the Owner’s convenience prior to commencement of construction, the Construction Manager shall be entitled to receive payment for services performed, costs incurred by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the Preconstruction Phase. § 9.7.2 In the event of termination for the Owner’s convenience after commencement of construction, the Construction Manager shall be entitled to receive payment for services performed and costs incurred by reason of such termination, along with reasonable overhead and profit on services not completed during the Construction Phase. page 117 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 18 ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2009, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term “Work” shall include the work of all Contractors under the administration of the Construction Manager. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager’s promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner’s promotional materials for the Project. § 10.8 If the Construction Manager or Owner receives information specifically designated by the other party as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager’s Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) « » § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) « » page 118 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 19 § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) « » § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) « » § 11.4 Compensation for Additional Services of the Construction Manager’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus « » percent ( « » %), or as otherwise stated below: « » § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager’s consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager’s and Construction Manager’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) « » Employee or Category Rate ($0.00) § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 Construction Manager’s consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager’s consultants plus « » percent ( « » %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of « » ($ « » ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid « » ( « » page 119 AIA Document C132™ – 2009 (formerly B801™CMa – 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:24:16 on 09/19/2018 under Order No.2274852427 which expires on 03/06/2019, and is not for resale. User Notes: (1197558135) 20 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) « » % « » § 11.7.3 The Owner shall not withhold amounts from the Construction Manager’s compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: «None » ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C132™–2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.) « » This Agreement is entered into as of the day and year first written above. OWNER (Signature) CONSTRUCTION MANAGER (Signature) « »« » (Printed name and title) (Printed name and title) page 120