City Council

AGENDA

CITY COUNCIL BUSINESS MEETING

MONDAY, APRIL 20, 2020

COUNCIL CHAMBERS/WebEx

BLOOMINGTON CIVIC PLAZA

1800 W. OLD SHAKOPEE RD. BLOOMINGTON, MN 55431

7:00 PM

Mayor: Tim Busse Councilmembers: Jenna Carter Patrick Martin

Jack Baloga Shawn Nelson

Dwayne Lowman Nathan Coulter

City Hall is currently closed due to the COVID-19 pandemic and the April 20, 2020 City Council Regular Business meeting will be held electronically.

To watch or listen to the meeting:

BCAT TV (Comcast channels 859 or 14)

Watch online at blm.mn/btv-live or the City's YouTube channel http://blm.mn/youtube.

By phone: 1-415-655-0001, Access code 281 948 129.

To provide public comment:

To participate live during public comment or a public hearing at the council meeting, please dial phone number: 1-866-873-0999, Conference ID 5493714. As you call in, the Operator will ask your name and which agenda item you are calling in to provide comment or testimony. Please provide the number and item name listed on the agenda. You will be placed on hold and your line muted until it is your turn to comment or testify.

Leave a voicemail at: 952-563-4695 o Please include the number and item name listed on the agenda.

o Please submit comments by 2:00 p.m. on the date of the meeting in order to ensure

adequate time to disseminate your comment or testimony to the City Council.

Send an email to: admincm@bloomingtonmn.gov

o Please include the number and item name listed on the agenda.

o Please submit comments by 2:00 p.m. on the date of the meeting in order to ensure

adequate time to disseminate your comment or testimony to the City Council.

o Please indicate if you also plan to call in during the meeting to provide live comment or

testimony.

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City Council

AGENDA

1. GREETING TO COUNCIL The City Council requests that attendees silence cell phones during the meeting. A copy of the full City Council

packet is available to the public. The packet ring binder is located at the entrance of the council chambers.

2. CALL TO ORDER

3. PLEDGE OF ALLEGIANCE 3.1 Pledge of Allegiance

4. APPROVAL OF AGENDA

5. INTRODUCTORY 5.1 COVID-19 Public Health and Organizational Update

5.2 Affirming Emergency Actions Undertaken by City Manager

5.3 Arbor Day Proclamation

6. CONSENT BUSINESS The following items are considered to be routine by the City Council and will be acted on by one motion. There will

be no separate discussion of these items unless a Councilmember so requests, in which event the item will be

removed from the consent agenda and considered at the end of Consent Business or at another stated time on the

agenda as determined by the City Council. If you desire to have an item removed from the consent agenda, then

please alert the Council Secretary prior to the start of the City Council meeting. The Council Secretary will notify the

City Council of a request to remove an item from the consent agenda.

6.1 Coca-Cola Contract Extension - Approve Amendment

6.2 Award Bid - Concrete: Curb, Gutter, Sidewalk, and Misc. Pad Installation

6.3 Preliminary and Final Plat - 2915 Overlook Drive

6.4 Resolution for Transit Oriented Development (TOD) Grant Application - Bloomington Central Station

6.5 Approval of 2020 Collective Bargaining Agreement with IAFF Metro Police & Fire Dispatchers, Local 4689

6.6 Amendment to 2020 Non-Union Compensation Plan

6.7 Meeting Minutes City Council – Approval

7. PUBLIC COMMENT PERIOD The Public Comment Period is reserved for comments on matters not on this agenda. To address the Council on an

item not on the agenda, please approach the podium, clearly state your name, and after you have spoken, please

sign the roster so the City can accurately include your comments in the official meeting minutes. The Public 2

City Council

AGENDA

Comment Period will be limited to 20 minutes. Individuals should limit their comments to 5 minutes. Questions from

the Council will be for clarification only. The Public Comment Period will not be used as a time for problem solving or

reacting to comments, but rather for hearing the individual. The Council will not enter into a dialogue with

individuals.

7.1 Response to Prior Meeting's Public Comments

7.2 Public Comment Period

8. HEARINGS, RESOLUTIONS, AND ORDINANCES To address the Council on an item, please approach the podium, clearly state your name, and after you have

spoken, please sign the roster so the City can accurately include your comments in the official meeting minutes.

8.1 2020-2029 Capital Improvement Plan (CIP) Approval

8.2 Public Hearing: Ordinance Amending the City Charter Related to City-Organized Collection of

Solid Waste and Recycling

8.3 Public Hearing: Approve 2020-2021 Community Development Block Grant (CDBG) Action Plan and 2020-

2024 CDBG Consolidated Plan

9. ORGANIZATIONAL BUSINESS 9.1 Possible Amendments to City Charter

9.2 City Council Policy & Issue Update

10. ADJOURNMENT

View regular meetings live or via archive at blm.mn/meetings. Catch the replay on Comcast cable by tuning to Bloomington TV

channels 14(SD) and 859(HD) the Wednesday after a meeting at 7:00 p.m. and the following Thursday at 1:00 a.m., 7:00 a.m. and 1:00

p.m.

BloomingtonMN.gov: A yearly meeting schedule, agendas, and the official minutes once approved are available. If you require a reasonable accommodation, please call 952-563-8733 (MN Relay 711) as soon as possible, but no later than 9:00 a.m. one business day before the meeting day.

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Request for Council Action

Originator Mayor's Office

Item Pledge of Allegiance

Agenda Section PLEDGE OF ALLEGIANCE

Date April 20, 2020

Requested Action:

Please stand if able and join in as Mayor Busse leads the audience in the Pledge of Allegiance to the Flag.

Item created by: Denise Christenson, Mayor's Office Item presented by: Tim Busse, Mayor Description:

the

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Request for Council Action

Originator City Manager's Office

Item COVID-19 Public Health and Organizational Update

Agenda Section

INTRODUCTORY

Date April 20, 2020

Requested Action:

Receive community and organizational update related to COVID-19 pandemic and locally declared emergency.

Item created by: Jamie Verbrugge, City Manager's Office Item presented by: Kari Carlson, Budget Manager

Dr. Nicholas Kelley, Assistant Public Health AdministratorJamie Verbrugge, City Manager

Description:

The City Council indicated a desire to have a COVID-19 update on each of the City Council meeting agendasduring the emergency. Dr. Nick Kelley, Assistant Public Health Administrator, will provide an update on the most recent developmentsrelated to the public health emergency at the State level and at the local level. City Manager Verbrugge will provide an overview of organizational and community issues. Budget Manager Kari Carlson will provide an update on financial analysis and strategies related to the City'sfinancial position.

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Request for Council Action

Originator Fire Department

Item Affirming Emergency Actions Undertaken by City Manager

Agenda Section

INTRODUCTORY

Date April 20, 2020

Requested Action:

Motion by __________, seconded by ____________ to approve Resolution No. 2020-__ ratifying, affirming, andadopting actions taken by the City Manager under the authority stated in Ordinances 2020-7 and 2020-8.

Item created by: Peter Zuniga, Fire Department Item presented by: James D. Verbrugge, City Manager

Ulysses Seal, Fire Chief Description:

Ordinance 2020-7 invoked the City’s Emergency Operations Plans and the Pandemic Response Plan andauthorized the portions that are necessary for response to and recovery from the Emergency related to the novelcoronavirus and the resulting COVID-19 disease as declared by the Mayor in Declaration 2020-1.

Ordinance 2020-7 declared that to the extent normal state laws and city policies and procedures impede anefficient response or compliance with federal and state directives and recommendations, the City Manager,Emergency Management (“Coordinator”), and their designees were authorized to suspend compliance withthose laws, policies, and procedures authorized by the Emergency Executive Order 20-01 and by MinnesotaStatutes Sections 12.32 and 12.37, and to take those actions necessary to protect the public health, safety, andwelfare.

Ordinance 2020-8, continued to operationalize the City’s Emergency Operations Plan and the PandemicResponse plan invoked by Ordinance 2020-7 until June 30, 2020.

In Ordinance numbers 2020-7 and 2020-8, the City Council determined the normal state laws and city policiesand procedures impede an efficient response to this pandemic, and accordingly, the City Manager took actionunder the authority provided in Ordinance numbers 2020-7 and Ordinance 2020-8.

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The City Council is asked to ratify, affirm, and adopt the actions taken by the City Manager under the authorityprovided in Ordinance Numbers 2020-7 and 2020-8.

Attachments:

Resolution consenting to Emergency Actions.docx

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RESOLUTION NO. 2020 -

RESOLUTION RATIFYING, AFFIRMING, AND ADOPTING ACTIONS TAKEN BY THE CITY MANAGER UNDER THE AUTHORITY OF ORDINANCES 2020-7 AND

2020-8

WHEREAS, the Bloomington City Council is the official governing body of the City of Bloomington, Minnesota (“City”);

WHEREAS, the Mayor of the City of Bloomington, Minnesota (“Mayor”) declared an Emergency to exist in the City of Bloomington, Minnesota (“City”) effective 6:00 p.m. on March 15, 2020 upon signing Declaration 2020-1;

WHEREAS, Ordinance 2020-7 invoked the City’s Emergency Operations Plans and the Pandemic Response Plan and authorized the portions that are necessary for response to and recovery from the Emergency related to the novel coronavirus and the resulting COVID-19 disease as declared by the Mayor in Declaration 2020-1;

WHEREAS, Ordinance 2020-7 declared that to the extent normal state laws and city policies and procedures impede an efficient response or compliance with federal and state directives and recommendations, the City Manager, Emergency Management (“Coordinator”), and their designees were authorized to suspend compliance with those laws, policies, and procedures authorized by the Emergency Executive Order 20-01 and by Minnesota Statutes 12.32 and 12.37, and to take those actions necessary to protect the public health, safety, and welfare;

WHEREAS, Ordinance 2020-8, continued to operationalize the City’s Emergency Operations Plan and the Pandemic Response plan invoked by Ordinance 2020-7 until June 30, 2020, unless rescinded earlier by resolution of the City Council;

WHEREAS, in Ordinances 2020-7 and 2020-8, the City Council determined the normal state laws and city policies and procedures impede an efficient response to this pandemic, and accordingly, the City Manager took action under the authority provided in Ordinance 2020-7 and Ordinance 2020-8; and

WHEREAS, under the authority of Ordinances 2020-7 and 2020-8 and Minnesota Statutes 12.32 and 12.37 and in furtherance of responding to and recovering from the Emergency, the City Manager took the following actions:

Activated the emergency operations center; Entered into right of first refusal, rental, and purchasing agreements to meet the logistical

needs for the City to appropriately respond to the Emergency; Created a parks response team to monitor the use of City parks to provide guidance to

park users on how to safely use parks during the Emergency; Closed City facilities;

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Partnered with VEAP and the Bloomington School District to utilize City staff and resources to address community needs arising from the Emergency;

Suspended the issuance of code enforcement violations for businesses to have flexibility to continue to operate while maintaining safe conditions during the Emergency;

Adjusted purchasing limits and rules for emergency purchases, such as personal protective equipment for employees; and

Modified employment policies and practices: o Created an employee paid emergency leave policy and emergency paid leave

program in conformance with the federal Families First Coronavirus Response Act;

o Adjusted schedules for police officers to provide them with a 14 day self-quarantine period in between scheduled shifts;

o Increased the Fire Department’s duty crew presences at fire stations to align with Alina’s busiest times;

o Created the ability for more than 200 employees to work from home; ando Laid off or furloughed full time and part time employees.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLOOMINGTON, MINNESOTA that based on the foregoing:

Section 1. The foregoing recitals, laws, ordinances, and City actions are incorporated herein by reference.

Section 2. The City Council hereby ratifies, affirms, and approves the actions taken by the City Manager pursuant to the authority of Ordinances 2020-7 and 2020-8 as actions of the City.

Passed and adopted this ___ day of __________, 2020.

MayorAttest:

Secretary to the Council

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Request for Council Action

Originator Maintenance

Item Arbor Day Proclamation

Agenda Section

INTRODUCTORY

Date April 20, 2020

Requested Action:

Mayor read Arbor Day Proclamation declaring April 24th to be Arbor Day in Bloomington

Item created by: Kim Larson, Maintenance Item presented by: Karl Keel, Public Works Director Description:

Traditionally Minnesota celebrates Arbor Day during the month of April. The original Arbor Day took place onApril 10, 1872, in Nebraska. Since then, the idea has spread and Arbor Day is now celebrated in all 50 states. Thisyear also marks the 32nd year of Bloomington achieving the Tree City USA designation. The Tree City USAprogram has been promoting the value of sound community forestry management since 1976. To celebrate theseanniversaries, the City is hosting a tree sale via pre-order for residents. The pickup event originally scheduled forMay 2nd has been changed to a delivery event. Park Maintenance staff have contacted those who’ve orderedtrees to make arrangements for dropping them off.

Attachments:

Arbor Day Proclamation

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ARBOR DAYApril 24, 2020

WHEREAS, Climate change is a complex problem that impacts all Minnesotans and our ability to thrive; and

WHEREAS, The health and longevity of Minnesota’s trees are being affected by changing temperatures and precipitation, more extreme weather events, and increasing pressure from pests, diseases, and invasive species; and

WHEREAS, Minnesota is at risk to lose over one billion ash trees due to emerald ash borer, potentially increasing C02 emissions and flooding; and

WHEREAS, A healthy tree canopy decreases temperatures along streets providing cooler spaces in the summertime for recreation and commerce; and

WHEREAS, About three-quarters of Minnesotans get their drinking water from the forested parts of the state; and

WHEREAS, Shade from trees protects people from exposure to the sun’s UV rays and diminishes heat-related illness; and

WHEREAS, Trees reduce stormwater runoff and act as a filter, preventing sediments and pollutants from washing into waterways; and

WHEREAS, Trees capture carbon from the atmosphere and store it in their trunks, roots, and soil; and

WHEREAS, Minnesotans can help build resilient communities and reduce the negative impacts of climate change one tree at a time by planting and caring for trees and by using wood products to store carbon into the future.

NOW, THEREFORE, I, Tim Busse, Mayor of the City of Bloomington, Minnesota, do hereby proclaim Friday, April 24, 2020 as:

ARBOR DAY

And the month of May, 2020 as Arbor Month in the city of Bloomington.

Dated this 20th day of April 2020.

Tim Busse, MayorCity of Bloomington, Minnesota

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Request for Council Action

Originator Purchasing

Item Coca-Cola Contract Extension - Approve Amendment

Agenda Section CONSENT BUSINESS

Date April 20, 2020

Requested Action:

Motion by ____________, seconded by ______________ to approve the first amendment of the contract withGreat Lakes Coca-Cola Bottling by extending the term to March 31, 2025.

Item created by: Briana Eicheldinger, Purchasing Item presented by: Ann Kattreh, Director of Parks and Recreation Description:

Council is requested to approve the first amendment of the contract with Great Lakes Coca-Cola Bottling for non-alcoholic beverage and vending services for the Bloomington Ice Garden and the City's golf courses. The originalcontract was signed in May 2015 for a five year term with the ability to extend an additional five years. Underthis agreement, the contractor pays the City $5,000 annually and provides commissions from vending machines.The contract also provides rates for the facilities to buy product to sell at their concessions.City staff and Coke desire to extend the agreement an additional five years through March 31, 2025. Theextension will continue to provide the City for an annual payment of $5,000 a year and increase the vendingprices by $.025 in year eight of the agreement.

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Request for Council Action

Originator Purchasing

Item

Award Bid - Concrete: Curb, Gutter, Sidewalk, and Misc. Pad Installation

Agenda Section CONSENT BUSINESS

Date April 20, 2020

Requested Action:

Motion by __________, seconded by ________ to adopt Resolution No. 2020-____ to award bid for concrete: curb, gutter, sidewalk, andmiscellaneous pad installation.

Item created by: Briana Eicheldinger, Purchasing Item presented by: Karl Keel, Public Works Director Description:

Council is requested to approve the bid award for Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad Installation to CreateConstruction, LLC in the amount of $141,760 and approve a 5% contingency in the amount of $7,088 for a total project not-to-exceed amountof $148,848. The scope of work for this contract shall include, but not be limited to, on an as needed basis: replacement of curb and gutter;replacement of sidewalks; new concrete slabs or footings.

Bids were received and opened on April 2, 2020 as follows:

Bidder Curb & GutterExtended Total

6" SidewalkExtended Total

4" SidewalkExtended Total

4" ColoredStampedConcreteExtended Total

4" PadExtended Total Grand Total Bid

Bond

1.)CreateConstruction LLC $ 60,000.00 $ 11,960.00 $ 49,800.00 $ 5,000.00 $ 15,000.00 $141,760.00 5%

2.) Ron KassaConstruction $ 70,000.00 $ 13,000.00 $ 52,000.00 $ 5,000.00 $ 15,600.00 $155,600.00 5%

3.)DK Concrete LLC $100,000.00 $ 21,000.00 $ 72,500.00 $ 6,250.00 $ 21,750.00 $221,500.00 5%

4.)JL Theis, Inc $ 79,760.00 $ 29,280.00 $107,600.00 $ 12,605.00 $ 41,640.00 $270,885.00 5%

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JL Theis, Inc $ 79,760.00 $ 29,280.00 $107,600.00 $ 12,605.00 $ 41,640.00 $270,885.00 5%

Attachments:

Create Construction Agreement Project 20-05_ready for signature_Exhibits A and B.pdfResolution for Concrete Installation Bid

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Page 1 of 8 City of Bloomington, MN Section 00 52 00 Agreement Form Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

SERVICES AGREEMENT

CREATE CONSTRUCTION LLC THIS AGREEMENT is made this ___ day of _______, 2020 (“Effective Date”) by and

between CREATE CONSTRUCTION LLC, a Limited Liability Company located at 17331 75th Place North, Maple Grove, Minnesota 55311 (“Contractor”), and the CITY OF BLOOMINGTON, MINNESOTA, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431-3027 (“City”):

RECITALS

A. Contractor is engaged in the business of providing construction services.

B. The City desires to secure a contract to provide the replacement of curb, gutter and sidewalk, and miscellaneous concrete pad installation throughout the City of Bloomington as determined by the Public Works Department on an as needed basis.

C. Contractor represents that it has the expertise and capabilities to provide the City with the requested services.

D. City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement.

NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows:

AGREEMENT

1. Services to be Provided. Contractor agrees to provide the City with construction services as described in City’s Bid Documents and the Contractor’s Bid attached to this Agreement as Exhibit A and B or any supplemental letter agreements, or both, entered into between the City and Contractor (the “Services”). The Services referenced in the attached Exhibit A and B or any supplemental letter agreements shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by contractors currently providing similar services.

2. Time for Completion. This Agreement shall remain in force and effect commencing from

Effective Date and continuing until the earlier of March 31, 2021 or completion of the project unless terminated by the City or amended pursuant to the Agreement.

The City reserves the right to extend the contract for two (2) additional one (1) year periods if the level of service has been satisfactory, the extension is permitted by the Contractor,

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and has the approval of the City Manager. Unless stated differently in the specifications, no renewal or extension can be made by the City unless the original terms of the contract remain the same during the renewal or extension period. The City will contact the Contractor sixty (60) days prior to the contract expiration to determine whether or not a renewal or extension of the contract will be granted.

3. Consideration. The consideration, which City shall pay to Contractor and shall not exceed

$141,760.00, for both the Services performed by Contractor and the expenses incurred by Contractor in performing the Services, shall be as set forth in Exhibit A and B and incorporated into this Agreement. City shall make progress payments, based on monthly invoices from Contractor. City’s payment shall be made within 30 days after Contractor’s statement. Contractor’s statement shall contain a detailed list of project labor and hours, rates, titles, and amounts undertaken by the Contractor during that billing period.

The Contractor may request a one (1) time price adjustment for each renewal term by submitting a written request sixty (60) days prior to Contract expiration. The price adjustment request may be made for increases in direct costs to deliver the contract services. This includes direct labor, FICA, employee benefits, and direct materials and equipment costs. It does not include managerial salaries, profit margins, or general overhead costs. The Contractor may be required to provide demonstrable evidence of these cost increases. No mid-term price increases will be considered during the term of the contract or any contract extension thereof. Any such request will be subject to final approval and acceptance by the City Manager.

4. Expense Reimbursement. The Contractor will not be compensated separately for

necessary incidental expenses. All expenses of the Contractor shall be built into the Contractor’s fixed compensation rates, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail.

5. Approvals. The Contractor will secure the City’s written approval before making any

expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail.

6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement

may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any

time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement

by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or

no reason at all; or d. City may terminate this Agreement immediately upon Contractor’s failure to have

in force any insurance required by this Agreement.

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In the event of a termination, City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination.

7. Amendments. No amendments may be made to this Agreement except in writing signed by both parties.

8. Remedies. In the event of a termination of this Agreement by City because of a breach by Contractor, City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. The foregoing remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach.

9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Contractor

agrees that the books, records, documents, and accounting procedures and practices of the Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. The Contractor shall maintain such records for a minimum of six years after final payment.

10. Indemnification. To the fullest extent permitted by law, the Contractor, and the

Contractor's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or the costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct, or arising out of the failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations will survive the completion or termination of this Agreement.

11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this

Agreement. Contractor agrees that before any work related to the approved Project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, Section 176.181; Auto Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,500,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,500,000.00 per occurrence for property damage. To meet the Commercial General Liability and Auto Liability requirements, the Contractor may use a combination of Excess and Umbrella coverage. The Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Bloomington is named as an additional insured with respect to the commercial general liability, automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability

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policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless thirty (30) days’ written notice is provided to the City, or ten (10) days’ written notice in the case of non-payment.

12. Subcontracting. Neither the City nor the Contractor shall assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of services required by this Agreement. Any instrument in violation of this provision is null and void.

13. Assignment. Neither City nor Contractor shall assign this Agreement or any rights under

or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void.

14. Independent Contractor. Contractor shall be deemed an independent contractor. Contractor’s duties will be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. All required equipment and personnel shall be provided or contracted for by Contractor. The manner in which the services are performed shall be controlled by Contractor; however, the nature of the services and the results to be achieved shall be specified by City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided in this Agreement. All services provided by the Contractor pursuant to this Agreement shall be provided by the Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.

15. Compliance with Laws. Contractor shall exercise due care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees to provide the applicable services detailed in Exhibit A or any supplemental letter agreement. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment, firearms, and smoking, as well as all other reasonable work rules, safety rules, or policies regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies or rules constitutes a breach

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of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.

16. Entire Agreement. This Agreement, any attached exhibits and any addenda or

amendments signed by the parties shall constitute the entire agreement between the City and the Contractor, and supersedes any other written or oral agreements between the City and the Contractor. This Agreement can only be modified in writing signed by the City and the Contractor. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail.

17. Third Party Rights. The parties to this Agreement do not intend to confer on any third

party any rights under this Agreement. 18. Choice of Law and Venue. This Agreement shall be governed by and construed in

accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise.

19. Conflict of Interest. The Contractor shall use reasonable care to avoid conflicts of interest

and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and either secure a waiver of the conflict or advise the City that it will be unable to provide the requested services.

20. Work Products and Ownership of Documents. All records, information, materials and

other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by the Contractor. Regardless of when such information was provided, the Contractor agrees that it will not disclose for any purpose any information the Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement.

21. Agreement Not Exclusive. The City retains the right to hire other concrete installation

service providers for other matters, in the City’s sole discretion. 22. Data Practices Act Compliance. Any and all data provided to the Contractor, received from

the Contractor, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three (3) business days if it receives a data request from a third party. This paragraph does not create a duty on the part of the Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations survive the termination of this Agreement.

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23. No Discrimination. Contractor agrees not to discriminate in providing products and services

under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act, as amended (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, the Contractor shall provide accommodation to allow individuals with disabilities to participate in all services under this Agreement. Contractor agrees to utilize their own auxiliary aid or service in order to comply with ADA requirements for effective communication with people with disabilities.

24. Authorized Agents. The City’s authorized agent for purposes of administration of this

contract is Ken Frosig, the Assistant Maintenance Superintendent of the City, or designee. The Contractor’s authorized agent for purposes of administration of this contract is Parc Gunderson, Project Supervisor, who shall perform or supervise the performance of all Services.

25. Notices. Any notices permitted or required by this Agreement shall be deemed given when

personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to:

Contractor: Parc Gunderson; Project Supervisor; pgunderson@createconstruction.com; 612-802-5184;

City: City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431, Attn: Ken Frosig; kfrosig@bloomingtonmn.gov; 952-563-8767; or such other contact information as either party may provide to the other by notice given in accordance with this provision.

26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a

waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver.

27. Headings. The headings contained in this Agreement have been inserted for convenience

of reference only and shall in no way define, limit or affect the scope and intent of this Agreement.

28. Mediation. Both parties agree to submit all claims, disputes and other matters in question

between the parties arising out of or relating to this Agreement to mediation at the Conflict

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Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. In the event mediation is unsuccessful, either party may exercise its legal or equitable rights.

29. Payment of Subcontractors. Contractor agrees that it must pay any subcontractor within ten (10) days of the prime contractor’s receipt of payment from the municipality for undisputed services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action.

30. Publicity. City and Contractor shall develop language to use when discussing the Services.

Contractor agrees that any publicity regarding the Services or the subject matter of this Agreement must not be released unless it complies with the approved language. Contractor must not use the City’s logo or state that the City endorses its services without the City’s advanced written approval.

31. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.

32. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants

that he or she is duly authorized. In the event the Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of the Contractor, as described in this Agreement, personally.

33. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures.

34. Performance and Payment Bonds. Contractor agrees to provide a performance bond and

a separate payment bond, equal to 100% of the cost of the Project. The bonds shall be furnished by a corporate surety company authorized to do business in the State of Minnesota and must be approved by the City Attorney prior to the execution of this Agreement. The cost of the performance and payment bonds shall be the sole responsibility of the Contractor.

35. Recitals. City and the Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement.

[The balance of this page left blank intentionally.] 21

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IN WITNESS WHEREOF, the City and the Contractor have caused this Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below.

CITY OF BLOOMINGTON, MINNESOTA

DATED:___________________________ BY:________________________________ Tim Busse

Its: City Manager Mayor DATED:___________________________ BY:________________________________ James D. Verbrugge

Its: City Manager Reviewed and approved by the City Attorney. __________________________________ Melissa J. Manderschied

CREATE CONSTRUCTION LLC

DATED:___________________________ BY:________________________________ Its:_________________________

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PROJECT MANUAL

CITY OF BLOOMINGTON MINNESOTA

PROJECT 20-05

CONCRETE: CURB, GUTTER, SIDEWALK, AND MISCELLANEOUS PAD INSTALLATION

PROJECT OWNER

CITY OF BLOOMINGTON 1800 W. OLD SHAKOPEE ROAD

BLOOMINGTON, MN 55431

March 26, 2020

Exhibit A

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Page 1 of 1

City of Bloomington, MN Section 00 01 10 Table of Contents

Project 20-20

Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

Table of Contents

00 01 01 Project Title Page

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 00 Instructions to Bidders and General Terms and Conditions

00 41 00 Bid Submittal Form

00 45 00 Responsible Contractor Certificate: Attachment A

00 45 19 Non-Collusion Affidavit

00 52 00 Agreement Form - Sample

00 61 13.13 Performance Bond Form

00 61 13.16 Payment Bond Form

00 65 13 Witholding Affidavit for Contractors: Minnesota IC134

03 00 00 Concrete: Specifications for Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

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Bloomington Concrete 00 11 13 Advertisement For Bids Page 1 of 2 Project No. 20-05

CITY OF BLOOMINGTON, MINNESOTA

ADVERTISEMENT FOR BIDS FOR

CONCRETE: CURB, GUTTER, SIDEWALK, AND MISCELLANEOUS PAD INSTALLATION

PROJECT INFORMATION: The City of Bloomington will receive sealed lump sum bids until 11:00 A.M., Thursday, April 2, 2020, at the City Purchasing Office in the Finance Department at 1800 West Old Shakopee Road, Bloomington, MN for the Bloomington Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad Installation. Bids received after the time and date designated above for receipt of Bids will be returned unopened without being considered for award. Bids will be opened publicly and read aloud in the Dakota Conference Room at Bloomington Civic Plaza, 1800 West Old Shakopee Road, Bloomington, MN immediately after specified closing time. All bids submitted are to be valid for sixty (60) calendar days. SCOPE OF WORK DESCRIPTION: The scope of work for this Contract shall include, but not be limited to, on an as needed basis:

• Replacement of curb and gutter • Replacement of sidewalks • New concrete slabs or footings

DOCUMENTS: Complete copies of the digital Project Bid Documents are available for download at www.questcdn.com. You may download the digital Bid Documents for a non-refundable fee of $15.00 by inputting Quest project # 6864647 on the website’s Project Search page. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital Project information. BID SUBMITTAL AND OPENING: Bids must be submitted on the Bid Submittal Form provided in accordance with the Contract Documents, Drawings, and Specifications as prepared by the City of Bloomington. Bidders shall use complete sets of the Bid Documents in preparing their Bids. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. In making copies of these documents available, the City does not confer a license or grant permission for any other use of the documents other than for the purpose of obtaining and preparing Bids on the Work. Each Bid submitted must be clearly identified on the outside of the sealed opaque envelope as

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Bloomington Concrete 00 11 13 Advertisement For Bids Page 2 of 2 Project No. 20-05

“BID FOR CONCRETE: CURB, GUTTER, SIDEWALK, AND MISCELLANEOUS PAD INSTALLATION ”, shall show the name and address of the bidder, and shall state the date and time of the Bid opening. BID SECURITY: A certified check or cashier’s check payable to the City of Bloomington, or satisfactory Bid Bond executed by the Bidder and a licensed surety company must also accompany the Bid in an amount not less than five percent (5%) of the total Bid to be forfeited as liquidated damages in the event that the bid be accepted and the Bidder fail to enter into a written contract and furnish the required bond within ten (10) days after the award of the contract. BIDDER QUALIFICATIONS: The provisions of Minn. Stat. 16C.285, Responsible Contractor, are imposed as a requirement of this contract. All bidders and persons or companies providing a response/submission to the Advertisement for Bids of the City shall comply with the provisions of the statute. Per Minn. Stat. § 326B.701, unless exempt, any Person, as defined by Minn. Stat. § 181.723, subd. 1(a), who performs public or private construction services must register with the Department of Labor and Industry (DLI). Bidders must submit a copy of their Department of Labor and Industry (DLI) Building Construction Contractor Registration with the Bid. NOTIFICATION: This Advertisement for Bids document is issued by: Heather Forcier Boettcher, Purchasing Agent

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CITY OF BLOOMINGTON, MN PURCHASING

CONSTRUCTION INSTRUCTIONS TO BIDDERS AND

GENERAL TERMS AND CONDITIONS (last revised August 23, 2019)

Table of Contents 1. DEFINITIONS ............................................................................................................................................................ 3 2. BID DOCUMENTS ..................................................................................................................................................... 5

2.1 Availability of Documents ...................................................................................................................................... 5 2.2 Plans and Specifications ...................................................................................................................................... 6 2.3 Interpretation or Correction of Specifications ....................................................................................................... 6 2.4 Addenda .............................................................................................................................................................. 6

3. BIDDING PROCEDURES .............................................................................................................................................. 7 3.1 Bid Form ............................................................................................................................................................. 7 3.2 Responsible Contractor ........................................................................................................................................ 7 3.3 Brand Name or Equal .......................................................................................................................................... 8 3.4 Submission of Bids .............................................................................................................................................. 8 3.5 Modification or Withdrawal of Bid ...................................................................................................................... 9 3.6 Exceptions to Terms ............................................................................................................................................ 9 3.7 Bidder’s Representation ....................................................................................................................................... 9 3.8 Statement of Non-Collusion ............................................................................................................................... 10 3.9 Bid Guarantee (Bid Bond) ................................................................................................................................. 10 3.10 Performance/Payment Bonds ............................................................................................................................. 10 3.11 Failure to Execute Contract or Initiate Contract Performance .............................................................................. 10 3.12 Material Safety Data Sheets ............................................................................................................................... 11

4. CONSIDERATION OF BIDS .................................................................................................................................... 11 4.1 Opening of Bids ................................................................................................................................................ 11 4.2 Rejection of Bids and Bid Award ....................................................................................................................... 11 4.3 Tie Bids............................................................................................................................................................. 12 4.4 Ability to Perform ............................................................................................................................................. 12

5. PERFORMANCE ...................................................................................................................................................... 12 5.1 Contract Form ................................................................................................................................................... 12 5.2 Protection of Persons and Property ........................................................................ Error! Bookmark not defined. 5.3 Supervision/Use of Site ..................................................................................................................................... 12 5.4 Noise Elimination .............................................................................................................................................. 13

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5.5 Shipping ............................................................................................................................................................ 13 5.6 Clean Up ........................................................................................................................................................... 13 5.7 Permits, Fees, Notices and Compliance With Laws ............................................................................................ 13 5.8 Royalties and Patents ......................................................................................................................................... 13 5.9 Rights and Remedies ......................................................................................................................................... 13 5.10 Contract Period.................................................................................................................................................. 14 5.11 Title – Risk of Loss ........................................................................................................................................... 14 5.12 Delays and Extension of Time ........................................................................................................................... 14 5.13 Acceleration Claims; Attorney’s Fees ................................................................................................................ 16 5.14 Submittals ......................................................................................................................................................... 16 5.15 Extension .......................................................................................................................................................... 16 5.16 Termination ....................................................................................................................................................... 16 5.17 Materials ........................................................................................................................................................... 16 5.18 Contractor’s Responsibilities ............................................................................................................................. 17 5.19 Protection of Persons and Property ..................................................................................................................... 17 5.20 Damage to Existing Improvements..................................................................................................................... 18 5.21 Sanitary Provisions ............................................................................................................................................ 18 5.22 Fossils .................................................................................................................................................................... 18

6. PAYMENT ............................................................................................................................................................... 18 6.1 Schedule of Values ............................................................................................................................................ 18 6.2 Application for Payment .................................................................................................................................... 19 6.3 Payments ........................................................................................................................................................... 19 6.4 Taxes ................................................................................................................................................................ 19 6.5 Audit ................................................................................................................................................................. 19

7. INSURANCE, INDEMNIFICATION AND LIABILITY ........................................................................................... 20 7.1 Contractor’s Insurance ....................................................................................................................................... 20 7.2 Indemnification/Claims ..................................................................................................................................... 21

8. GUARANTEE........................................................................................................................................................... 21 8.1 Guarantee of Workmanship and Materials .......................................................................................................... 21

9. ADDITIONAL CONDITIONS .................................................................................................................................. 21 9.1 Assignment of Contract ..................................................................................................................................... 21 9.2 Entire Agreement .............................................................................................................................................. 22 9.3 Governing Law/Jurisdiction ............................................................................................................................... 22 9.4 Independent Contractor ...................................................................................................................................... 22 9.5 Data Privacy ...................................................................................................................................................... 23 9.6 City Policy Compliance ..................................................................................................................................... 23 9.7 Mediation .......................................................................................................................................................... 23

10. NON-DISCRIMINATION..................................................................................................................................... 23 10.1 Americans With Disabilities Act ....................................................................................................................... 23

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10.2 Non-Discrimination ........................................................................................................................................... 24 10.3 Statutory Non-Discrimination Requirements ...................................................................................................... 24

1. DEFINITIONS

ADDENDA – Written instruments issued by the City prior to the date for receipt of Bids which modify or interpret the Bid Documents by addition, deletions, clarification or corrections.

BID – A complete and properly signed proposal to provide goods, commodities, labor or services for the sum stated and submitted in accordance with the Bid Documents.

BID BOND – An insurance agreement in which a third party agrees to be liable to pay the City a certain amount of money in the event the Bidder awarded the Contract does not execute the Contract Documents, furnish any required bond(s) or required insurance documents and proceed with performance. The Bid Bond, naming the Bidder as principal, is given to the City at the time of Bid submittal.

BID SECURITY – A certified or cashier’s check furnished by a Bidder to the City to guarantee that a Bidder awarded the Contract will execute the Contract, furnish any required bond(s) or required insurance documents and proceed with performance. The Bid Security is in lieu of a Bid Bond and is given to the City at the time of Bid submittal

BID DOCUMENTS – Consists of the Invitation to Bid, Instructions to Bidders, General Terms & Conditions, Specifications, the Bid Submittal Form, and other City forms.

BIDDER - The person, firm, corporation or other entity submitting a Bid on items listed in the Bid Documents and thereby agreeing to meet the terms and conditions of the Specifications if awarded the Contract. CHANGE ORDER – a document approved by the City Representative and which is signed by the Contractor and the City Manager, or duly authorized designee, that authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract price or the completion date, issued on or after the effective date of the Contract.

CITY/ OWNER/ PROPERTY OWNER - The City of Bloomington, a political subdivision of the State of Minnesota. CITY PURCHASING AGENT - Heather Forcier Boettcher, City of Bloomington Purchasing Agent or designated representative. CITY REPRESENTATIVE -Ken Frosig, City of Bloomington Assistant Maintenance Superintendent, or duly authorized representative.

COMPLETION TIME - The number of consecutive calendar days agreed to by the City and Contractor for completion of the Work, which may be revised by written Change Order. CONSTRUCTION - The process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any real public property.

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CONTRACT - The written agreement between the City of Bloomington and the Contractor covering the performance of the Work and the furnishing of materials for the Construction of the Project.

CONTRACT DOCUMENTS - Contract Documents will consist of the written Contract and all associated attachments, Bid Documents, including any diagrams, Drawings, Addenda, amendments and Change Orders executed between the City and the Contractor covering the Work to be performed.

CONTRACTOR - The person or entity that is awarded the Bid and enters into a Contract with the City to furnish materials, equipment, and/or services. DEPARTMENT OF LABOR AND INDUSTRY (DLI) BUILDING CONSTRUCTION CONTRACTOR REGISTRATION – Per MN Stat. §181.723 Government entities are required to verify that a Contractor being awarded a Construction Contract or purchase order is registered with the DLI prior to award. Bidders must submit a copy of their DLI registration with the Bid. If the Bidder is not required to register with the DLI, then they must submit a copy of trade licensure, or a current independent contractor exemption certificate. DRAWINGS -The graphic and pictorial portions of the Contract, wherever located and whenever issued, showing the configuration, location and dimensions of the Work, generally including Plans, elevations, sections, details, schedules and diagrams. EXCUSABLE DELAY - Delays as a result of occurrences that materially delay the progress of the Contractor on the Project, and that are not the result of the Contractor’s own actions or inaction or are not within the Contractor’s control. FURNISH - Includes without limitations, all products, materials, shipping, and handling, to completely satisfy a request without Contractor installation.

FURNISH AND INSTALL - Includes without limitations, all labor, tools, products, materials, shipping, and handling, equipment, transportation, mobilization, services, and other related items required to completely satisfy a request. “Furnish and Install” may be abbreviated as “F&I”.

MODIFICATION – A written amendment or supplement to the Contract signed by both parties. NON-EXCUSABLE DELAY - Delays as a result of occurrences that materially delay the progress of the Contractor on the Projects, and that are the result of the Contractor’s own actions or inaction or are within the Contractor’s control.

PERFORMANCE AND PAYMENT BONDS – A form or security executed subsequent to award by a Successful Bidder that guarantees the proper performance of the Contract, the payment of debts to persons furnishing services or materials on account of the Contract Work, and the payment of certain other responsibilities of the Contractor. The Performance and Payment Bonds must be provided by the Contractor prior to Contract execution by the City. PLAN – Scale drawing of a structure that may include Drawings, elevation, and a floor Plan.

PROJECT/SERVICE – The furnishing and installation of concrete and related construction services such as curb and gutter, sidewalk, and pads, on an as needed basis for the Cityof Bloomington, MN.

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PROJECT MANUAL - Consists of the Invitation for Bids, the Standard Terms and Conditions and any special terms and conditions, proposal page(s), special provisions, equipment specifications, technical specifications, any Plans, any Drawings, any Addenda, and other parts which the City references and/or attaches hereto. PROPOSER – See “Bidder” PURCHASE ORDER - The City’s document used to formalize and/or initiate a purchase transaction with a Contractor. The printed terms and conditions included in the document are not applicable when these Specifications have been utilized.

PURCHASER - The City of Bloomington, a political subdivision of the State of Minnesota. SCHEDULE OF VALUES - A schedule submitted by the Contractor setting forth the values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City’s Representative may require. This schedule must be submitted before the Contractor submits its first application for progress payment and shall be used as a basis for reviewing and approving payments to the Contractor. SHOP DRAWINGS - Drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate, in detail, how some portion of the Work shall be fabricated and/or installed, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the Work. SPECIFICATIONS – Specification sections 01100 to 03300 located in the Project Manual. Consists of special provisions, equipment specifications, technical specifications, any Plans, any Drawings, any Addenda, and other parts which the City references and/or attaches hereto. SUCCESSFUL BIDDER - See “Contractor” WORK - services or duties required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided by the Contractor to fulfill the Contractor’s obligations.

2. BID DOCUMENTS 2.1 Availability of Documents

a. Bid Documents may be available for public inspection. Email purchasing@BloomingtonMN.gov to request an appointment during normal business hours at the City’s Purchasing Office.

b. Complete copies of the digital Project Bid Documents are available for download at www.questcdn.com. You may download the digital Plan documents for $15.00 by inputting Quest project # 6864647 on the website’s Project Search page. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital Project information.

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c. Bidders shall use complete sets of the Bid Documents in preparing their Bids. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of these documents.

d. In making copies of these documents available, the City does not confer a license or grant permission for any other use of the documents other than for the purpose of obtaining and preparing Bids on the Work.

2.2 Plans and Specifications a. The Plans for this Project and the Specifications accompanying them shall be

considered as a whole, and anything shown or called for in one and omitted in the other is as binding as if called for or shown by both. Figure dimensions shall in all cases be used in preference to scale dimensions. Any Work not herein specified which may be fairly implied as included in this Project shall be done by the Contractor without extra pay. Special provisions and detail Plans are intended to modify and shall take precedence over the standard Plans, standard specifications and these general terms and conditions. In case of conflict between Plans and Specifications, the Specifications shall govern.

b. All Work shall be completed in accordance with the Specifications and Plans, and in compliance with the laws of the State of Minnesota and the ordinances of the City of Bloomington so far as applicable.

2.3 Interpretation or Correction of Specifications a. Bidders will not be allowed to take advantage of errors, omissions, ambiguities or

inconsistencies in the Specifications. Bidders shall promptly notify the City Purchasing Agent of any errors, omissions, ambiguities or inconsistencies which they may discover upon examination of the Bid Documents.

b. Bidders desiring clarification or interpretation of the Bid Documents shall make a written request which shall reach the City Purchasing Agent at least seven (7) calendar days prior to the date and time for receipt of Bids.

c. Interpretations, corrections and changes to the Bid Documents will be made by the City through the use of Addenda. Interpretations, corrections or changes made by any other means will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

d. Bidders must familiarize themselves with all ordinances and statutes pertaining to the Project. Bidders are expected to examine and determine for themselves the location and nature of the proposed Work, and the amount and character of the labor and materials required therefore, and the difficulties which may be encountered.

2.4 Addenda a. Addenda will be mailed or delivered to all who are specifically known by the City’s

Purchasing Office to have received a complete set of Bid Documents. b. Copies of Addenda will be made available for inspection wherever Bid Documents are

on file for that purpose. c. No Addenda shall be issued later than four (4) calendar days prior to the date and time

for receipt of Bids except an addendum withdrawing the request for Bids or one which includes a postponement of the date for receipt of Bids.

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d. Each Bidder shall ascertain prior to submitting a Bid that all Addenda issued have been received, and the Bidder shall clearly acknowledge their receipt on the proposal page.

3. BIDDING PROCEDURES 3.1 Bid Form

a. Bids shall be submitted in writing on the form provided by the City b. Appropriate blanks on the Bid Form should be filled in by manually writing in black ink or

by typewriting the requested information. c. Any interlineations, alteration or erasure shall be initialed by the signer of the Bid. d. Bidders shall not change the Bid Form or make additional stipulations on the Bid Form.

If a Bidder wishes to amplify or qualify its Bid, a statement that additional information is attached on the Bidder’s letterhead shall be clearly indicated on the Bid Form. The City, in its sole and absolute discretion, may accept or reject amplified or qualified Bids.

e. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

f. In case of discrepancy between unit prices and the extended figures, the unit price shall govern.

g. All Bids are to include the prices to furnish all: materials, equipment, tools, facilities, labor and services necessary or proper for the completion of the Work, except such as may be otherwise expressly provided in the Contract Documents.

h. Unless otherwise provided elsewhere in the Specifications, Bid prices shall remain firm throughout the Contract period and in any Contract extension period. If the Specifications allow for extension and a price adjustment, the adjusted price must remain constant for the extension period.

i. The Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall give the state of incorporation.

3.2 Responsible Contractor a. In accordance with Minnesota Statutes §16C.285, Bidders are hereby advised that the

City cannot award a Construction Contract in excess of $50,000 unless the Contractor is a “Responsible Contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. A Bidder submitting a proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes §16C.285, subdivision 3, by completing the Responsible Contractor Certificate (Attachment A) within this Project Manual. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the City. A Bidder shall also submit to the City, upon request, copies of the signed verifications of compliance from all subcontractors of any tier pursuant to Minnesota Statutes section 16C.285, subdivision 3, clause 7.

b. A Bidder must also identify each subcontractor it intends to use on the Project. A Bidder must complete Attachment A-1 and submit it with the Responsible Contractor Verification and Certification of Compliance form, identifying each subcontractor it

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intends to use as of the time of Bid submission. THE COMPLETED FORMS MUST BE SUMITTED WITH THE BID PROPOSAL.

c. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “Responsible Contractor” and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a Construction Contract for this Project and may result in the termination of a Contract awarded to a Bidder or subcontractor that makes a false statement.

d. If the Bidder retains additional subcontractors after submitting its Responsible Contractor Verification and Certification of Compliance form, then the Bidder must submit Attachment A-2 within 14 days of retaining the additional subcontractor. Documents must be submitted to the Purchasing Agent.

3.3 Brand Name or Equal a. Products proposed will be from the manufacturer(s) indicated or its equal, except where

“No Substitute” is stated. “Brand name” means identification of products by manufacturer, make and model name and/or number. If “brand name or equal” is indicated, the intent is to be descriptive, not restrictive, and to indicate the quality and characteristics desired and shall mean “brand name or equal”. Failure to Bid the quality specified may be cause for Bid rejection.

b. Determination of equality will be made solely by the City. It is the Bidder’s responsibility to ensure that the City has sufficient information to make that determination. The Bidder will submit with the Bid all descriptive material specifically requested for the City to determine exactly whether the substitute product proposed meets the Specifications.

3.4 Submission of Bids a. All documents submitted, including but not limited to: the Bid and/or; the Bid Bond or Bid

Security, as required in the Invitation to Bid, shall be submitted with the Bid in an enclosed, sealed opaque envelope. The envelope shall:

(1) be addressed to: Purchasing Agent, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431-3027;

(2) bear the inscription: “Bid for (TITLE AND CONTRACT NUMBER SHOWN ON THE FACE OF THE BID DOCUMENT)’;

(3) state the Bidder’s name and address; and (4) state the date and time of Bid opening. If the Bid is sent to the City’s Purchasing Office by express mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation “SEALED BID ENCLOSED” on the face thereof.

b. Bids shall be delivered to the designated location prior the time and date indicated in the Invitation for Bids, or any extension thereof made by addendum. Bids received after the time and date designated for receipt of Bids will be returned unopened without being considered for award.

c. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

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d. Oral, facsimile, email, or telephone Bids are invalid and will not receive consideration.

3.5 Modification or Withdrawal of Bid a. Prior to the time and date designated for receipt of Bids, any Bid may be modified or

withdrawn from consideration by written notice to the City’s Purchasing Agent at the place designated for receipt of Bids. Such notice shall be signed by the Bidder, received in the City’s Purchasing Office prior to the date and time of Bid opening, and be worded (if original Bid is modified) so as not to reveal the amount of the original Bid. Written withdrawal or cancellation by Bidder of the Bid prior to the Bid opening will nullify the Bid.

b. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are in conformance with these Instructions to Bidders.

c. A Bid may not be modified, withdrawn or cancelled by the Bidder for a period of forty-five (45) working days (unless a longer or shorter prior is specified in the Specifications) following the time and date designated for receipt of Bids, and each Bidder so agrees by submitting a Bid.

3.6 Exceptions to Terms a. If a Bidder takes exception to the City’s standard terms and conditions, Bidder must

attach a separate page(s) on Bidder’s letterhead referencing the specific City paragraph number to which they are taking exception, and then offer very detailed alternate language. Submitting or referencing the terms and conditions of the Bidder’s company with no explanation is not an acceptable method of offering alternate language.

b. A transmittal/cover letter is not required; however, if one is submitted which contains language subordinating the Specifications or any portion thereof to the terms and conditions of a Bid Document or any portion thereof, the Bid shall be rejected. Further, if any such transmittal/cover letter contains language which the City determines to be an improper qualification or conditioning of the Bid, the Bid shall be rejected.

c. If the City, in its sole discretion, determines that any language in any such correspondence, as aforesaid, “adds to” the provisions of the Specifications, the City may, in its discretion, accept such language as part of the contractual relationship if:

• The City determines that such language is beneficial and without cost to the City; or

• The City determines that such language merely supports – at no cost to the City – a part of the Bidder’s customary business practice regarding product identification or location (exclusive of security interest issues)

3.7 Bidder’s Representation a. By submitting a Bid, the Bidder represents that the Bidder has read and understood the

Bid Documents and has submitted their Bid in accordance therewith. b. Each Bidder for Construction further represents that the Bidder has assessed the local

conditions under which the Work is to be done and has correlated observations with the requirements of the Bid Documents.

c. Bidders must present satisfactory evidence that they are familiar with the class of Work specified, and that they have the necessary capital, tools, machinery and other equipment necessary to conduct the Work and complete the Project within the time specified in a good and workmanlike manner, and to the satisfaction of the City Representative..

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3.8 Statement of Non-Collusion a. The Bidder hereby affirms that he or she is the Bidder, a partner of the Bidder, or an

officer or employee of the Bidder with authority to sign on its behalf. b. The Bidder also affirms that the attached Bid has been compiled independently and

without collusion or agreement or understanding with any other vendor. c. The Bidder also affirms that the contents of this Bid have not been communicated by the

Bidder or its agents to any person not an employee or agent of the Bidder.

3.9 Bid Guarantee (Bid Bond) a. If so stipulated in the Invitation for Bids or other Bid Documents, each Bid must be

accompanied by a certified check, a cashier's check, or a Bid Bond in the amount specified in the Invitation to Bid and made payable to the City, as a guarantee that the Successful Bidder will promptly execute a satisfactory Contract.

b. The City shall have the right to retain the Bid Security of a Bidder to whom the award is being considered until:

• The Contract has been executed and any other bonds required have been furnished;

• The specified time has elapsed so that Bids may be withdrawn; or • All Bids submitted have been rejected.

c. If the Successful Bidder fails to enter into a Contract in accordance with the accepted Bid or shall fail to furnish the required bond(s) within ten (10) days from notice of award, the Bidder's deposit shall be forfeited to the City as liquidated damages. The next best lowest responsible Bid shall be then considered the Successful Bid, and, at the discretion of the City Council, the Contract may be awarded to the Bidder submitting that Bid.

3.10 Performance/Payment Bonds a. As required by State of Minnesota Statutes for all public work projects in excess of

$175,000.00, the Contractor will be required to furnish a Performance Bond and a separate Payment Bond, each for 100% of the Contract amount. Executed bonds must be returned to the City within the ten (10) days after notice of award.

b. The Performance Bond shall cover a minimum period of one (1) year after acceptance of completed Work by the City, as respects faulty workmanship and materials.

c. The Performance and Payment Bonds shall be furnished by a corporate surety company authorized to do business in the State of Minnesota and acceptable to the City, subject to the approval of the City Attorney as to form.

d. The Contractor is advised that the AIA 312 Performance Bond is not acceptable. An AIA 311 Performance Bond is acceptable. The AIA 312 Payment and Materials Bond is acceptable.

e. The amount of the Performance and Payment Bonds shall be increased to reflect the amount of any Change Orders awarded to the Contractor. The cost of the increased amount of the bonds shall be incidental to the various Contract unit prices.

3.11 Failure to Execute Contract or Initiate Contract Performance a. Should the Bidder refuse to execute a written Contract, fail to furnish the Performance

and Payment Bonds as required, or fail to begin performance, the amount of the Bid 36

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Security shall be forfeited to the City as liquidated damages, not as a penalty. Award may then be made to the next lowest responsible Bidder, or the commodities and/or services may be re-advertised or otherwise performed as the City may deem appropriate.

b. By submitting a Bid, the Bidder agrees that liquidated damages shall cover the damages sustained by the City for additional administrative costs, expenses of re-advertising and re-Bidding, and other similar damages sustained by the City as a result of failure of the Successful Bidder to execute a written contract and/or Performance and Payment Bonds, when so required. The liquidated damages shall not preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this Contract, or other damages (including but not limited to cover damages) direct or consequential, arising out of breach of the Contract or failure to perform same by the Successful Bidder.

3.12 Material Safety Data Sheets If so stated in the Specification each Bidder may be required to submit to the City Purchasing office a completed Material Safety Data Sheet (or other acceptable data) for each item bid. Failure to submit this form upon request may result in rejection of the Bid.

4. CONSIDERATION OF BIDS 4.1 Opening of Bids

All properly identified Bids which have been received on time will be opened publicly and will be read aloud. After the Bids have been opened and read, an abstract of the Bids will be made available by the City’s Purchasing Office.

4.2 Rejection of Bids and Bid Award a. It is the intent of the City to award a Contract to the lowest responsible Bidder meeting

the Specifications, provided the Bid has been submitted in accordance with the requirements of the Bid Documents.

b. If the City determines it is in its best interests, the City may

• Reject any or all Bids;

• Re-advertise for new Bids;

• Reject Bid submission without the required Bid security;

• Reject Bids which are incomplete or irregular in any way;

• Waive any minor defects or technicalities in any Bid or Bids received;

• Accept the Bid or Bids from the lowest responsible Bidder meeting Specifications.

c. The City shall reject all Bids from Bidders where there is evidence of collusion. Submittal of more than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Evidence that any Bidder has interest in more than one Bid for the same Work will cause rejection of all such Bids.

d. Pursuant to the Bloomington City Charter, the City will award the Contract to the “lowest responsible Bidder” based on, but not necessarily limited to, the following (where applicable):

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• The Bidder's adherence to all conditions and requirements of the Bid Specifications.

• The total Bid price.

• The Bidder's general reputation and experience.

• Evaluation of the Bidder's ability to service the City.

• Prior knowledge of and experience with the Bidder.

• The needs and requirements of the City.

• The Bidder's ability to meet delivery requirements.

• All maintenance costs and warranty provisions. e. A Bidder or subcontractor who does not meet the minimum criteria established in

Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be deemed a “Responsible Contractor” and will be ineligible to be awarded the Contract for this Project or to work on this Project.

4.3 Tie Bids a. Less than $2500

Tied responses of less than $2,500 shall be resolved by an appropriate tie-breaking technique, such as drawing lots or flipping a coin. b. $2500 and more Tied responses of $2,500 and more shall be resolved by requesting a new price from the tied responders, which will be used to break the tie. Bidders are not allowed to increase their price but may lower it.

4.4 Ability to Perform The City may require the Bidder to provide information or product sample showing Bidder’s ability to perform. The apparent low Bidder upon request shall promptly furnish all such information for this purpose, and when deemed appropriate by the City, other Bidders, upon the City’s request, shall promptly furnish such information.

5. PERFORMANCE 5.1 Contract Form

The successful Bidder will be required to execute a Contract with the City on a form prepared by the City. Such written Contract shall be signed by the Successful Bidder and returned, together with any required Performance and Payment Bonds and insurance information, within the time specified by the City from the date of the letter of notification of award.

5.2 Supervision/Use of Site a. The Contractor shall be responsible to the City for the acts and omissions of Contractor’s

guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors.

b. Contractor shall ensure that its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors obey all City security rules at the site. The Contractor shall at all times enforce strict discipline and good order

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among its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors, at the site and shall not employ any unqualified person or anyone not skilled in the assigned task.

5.3 Noise Elimination a. The Contractor shall eliminate noise to as great an extent as possible at all times. Air

compressing equipment shall be equipped with silencers and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers in accordance with current government regulations. The Contractor shall also be in conformance with the City noise ordinance (Chapter 10, Article IV). The Contractor shall be responsible to make application for a variance from City’s noise ordinance if the proposed hours of Work are outside of those shown below. Weekdays - Working hours 7:00 a.m. to 10:00 p.m. Saturday - Working hours 9:00 a.m. to 9:00 p.m. Sunday - No Construction activities

b. The Contractor is cautioned that moving or mobilizing equipment outside of the working hours is a violation of the noise code.

5.4 Shipping All deliveries shall be F.O.B. destination. All prices shall cover insurance, installation, assembly (when assembly or installation is specified) and delivery to the point designated in the Contract Documents.

5.5 Clean Up The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by its operations.

5.6 Permits, Fees, Notices and Compliance With Laws a. Unless otherwise provided in the Specifications, the Contractor, at its own expense, shall

secure and pay for all permits, fees, charges, duties, licenses, certifications, inspections, and other requirements and approvals necessary for the execution and completion of the Contract.

b. The Contractor must provide a copy of all permits to the City Representative prior to the start of Work.

c. The Contractor shall observe and abide by all applicable federal, state and local laws and the rules and regulations of any regulatory body acting thereunder.

d. The Contractor shall give all notices required under law, ordinance, rule and regulation.

5.7 Royalties and Patents a. The Contractor shall pay all royalties and license fees. b. The Contractor will be required, without cost to the City, to defend all suits or claims for

infringement of any patent rights, and shall hold the City harmless for loss on account thereof. If the Contractor has information that the process or articles specified are an infringement of patent, the Contractor shall be responsible for such loss unless the Contractor promptly gives such information to the City.

5.8 Rights and Remedies a. If the Contractor fails to meet delivery deadlines or fails to supply in accordance with the

Specification for any reason except delay caused by Force Majeure, the City has the 39

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right to purchase those items on the open market, or those items necessary to continue functioning until delivery from the Contractor is complete, and to deduct as damages from any monies due or coming due to the Contractor the difference between the Contractor’s Bid price and the higher price or the cost of temporary items paid for by the City on the open market and any additional costs that the City may incur. Any monies deducted are not a penalty, but are damages to compensate for the additional cost incurred by the City. These rights and remedies, and any other set forth in this document or any other Bid Document, are in addition to and not a limitation of any rights and remedies otherwise available under the order, law or equity.

b. The City’s failure to insist upon strict performance of any covenant, agreement, term, condition, or stipulation of the Contract Documents or to exercise any right contained therein shall not be a waiver or relinquishment of any such covenant, agreement, term, condition, stipulation, or right unless the City consents thereto in writing. Any such written consent shall not constitute a future waiver or relinquishment of the future of such covenant, agreement, term, condition, stipulation or right.

5.9 Contract Period The successful Bidder will be required to execute a written contract with the City subsequent to it’s award. The term of the Agreement shall commence on the date the Contract has been signed by both parties. The Contract expiration date shall be that date stated in the Contract or upon completion of all of the terms stated in the Contract or on the Purchase Order.

5.10 Title – Risk of Loss a. The Contractor assumes all risks of loss or damage to materials and equipment, as well

as software and documentation, used to complete the Project, including the risk of loss during transportation and installation, until the Project is accepted by the City. Upon acceptance by the City, the risk of loss for damage to said materials and equipment, software and/or documentation shall pass to the City. The Contractor shall not be responsible for loss or damage to materials and equipment, software and/or documentation caused by negligence of the City or its employees.

b. Title to materials and equipment and/or all associated documentation whatsoever shall pass to the City upon the City’s acceptance unless otherwise specified.

5.11 Delays and Extension of Time a. General

The Contractor herewith specifically waives claims for damages for any hindrance, delay, or acceleration (except for accelerations described in Paragraph 5.12) that may occur during completion of the Project. In lieu of such claims, the Contractor will be granted reasonable extensions of time for “Excusable Delays”, as determined by the City Representative, and the City will not claim liquidated damages for the periods of such extensions.

b. Excusable/Non-Excusable Delays “Excusable Delays” are delays from occurrences that materially delay the progress of the Contractor on the Project, and that are not the result of the Contractor’s own actions or inaction or that are not within the Contractor’s control. “Non-excusable Delays” are delays from occurrences that materially delay the progress of the Contractor on the Project, and are the result of the Contractor’s own actions or

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inaction or that are within the Contractor’s control. “Non-excusable Delays” include, but are not limited to, the following:

• Incorrect assumptions or estimates made by the Contractor in the preparation of its Bid (e.g. the underestimation by the Contractor of its production rates)

• Delays in the Contractor’s submission of Contract documents, insurance and bonding documents, Schedules, and other submissions required of the Contractor

• Deficient scheduling or project management • Inadequate or ill-timed provision of staffing, machinery, equipment or materials • Mistakes and/or the correction of incorrect Work • Equipment problems • Failure of the Contractor to reasonably prevent and minimize drainage impacts

on exposed soils • The limitation of certain Work by the City Representative pursuant to the Contract • Failure to complete the Work as outlined in the Specifications • Failure to follow the Plans, Specifications, or other provisions of the Contract • Review and approval/rejection of Shop Drawings, samples and product data. • Subcontractor scheduling problems • Shutdowns due to improper Work, or otherwise due to the Contractor's operation • The Contractor’s own procedures, timing, and method of conducting the Work, or

other actions or inaction that cause or contribute to delays in the prosecution of the Work.

c. Extensions of Time (1) Extensions for Excusable Delay

Upon the determination by the City Representative that an Excusable Delay has occurred, the City Representative, at his/her discretion, may grant an appropriate extension of time to the Final Completion Date, as applicable. The extension shall be for a period as the City Representative determines to be reasonable under the circumstances.

(2) Process for Obtaining Extensions i. If the Contractor believes that it may have encountered, or may be encountering, an event of Excusable Delay, the Contractor shall notify the City Representative within 48 hours of such event. ii If the Contractor desires an extension of time for the event of delay, the Contractor shall submit a written request for time extension within seven (7) calendar days of the delay event. Oral requests for or notifications of a requested extension are not acceptable and will not be considered. The request for time extension shall contain justification for the need for such extension so that the City Representative can determine whether an extension of time under the provisions of the Contract is reasonable, justified, and necessary.

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iii After receipt of such justification and supporting evidence, the City Representative will review the facts and advise the Contractor, in writing, of the granting or denial of the requested extension. iv. If the Contractor fails to provide the notices and requests required herein within the indicated timeframes, the Contractor shall not be entitled to an extension of time.

5.12 Acceleration Claims; Attorney’s Fees a. Accelerations Not Involving Delay

There may be circumstances, not involving any events of actual delay, under which the City desires to accelerate the completion of the Project to dates that are earlier than those originally outlined in the Contract. In such cases, the City will notify the Contractor in writing of the need to accelerate the Project. Additional compensation for any such City directed acceleration would be negotiated by the parties and handled through a Modification or Change Order.

b. Voluntary Accelerations Compensation will not be provided for voluntary acceleration by the Contractor or the

inability of the Contractor to voluntarily accelerate the Project. c. No Oral Agreements to Accelerate or for Extensions of Time.

All requests and approvals of extensions of time for claimed delays shall be in writing as provided herein; requests and extensions not in writing shall not be valid. Additionally, oral agreements between the City and the Contractor with respect to acceleration shall be of no effect.

5.13 Submittals No portion of the Work requiring submission of a Shop Drawing, manufacturer’s literature, test data or other information, or a sample shall be commenced until the submittal has been approved by the City.

5.14 Extension Unless otherwise provided in the Contract Documents, the Contract period may be extended for an additional period with the mutual consent of the City and the Contractor. The length of each extension period shall not exceed the length of the original Contract period and each extension period shall be governed by the original Contract terms. If the City desires to extend the Contract, the Purchasing Agent will contact the Contractor before expiration of the Contract or any extension period.

5.15 Termination a. Either party may terminate the Contract for any reason or for no reason at all upon giving

thirty (30) days advanced written notice to the other party. b. The City reserves the right to cancel the Contract immediately in the event of default or

violation by the Contractor of any provision of the Contract. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement.

5.16 Materials a. The City requires that any Contractor, or subcontractor, bidding any materials for any

part or parts of the Project must include products or Construction items made with recycled materials, where practical and appropriate, so long as those materials meet all

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performance requirements and state and local codes and will not compromise the quality, health, and safety, or the operation and integrity of the Project.

b. If both recycled and non-recycled products are Bid, the City may, after comparing quality, performance and cost, give preferential consideration to materials with recycled content.

5.17 Contractor’s Responsibilities a. The Contractor shall furnish all necessary machinery, equipment, tools, labor and

material required, and shall fully complete the Work in accordance with the Plans, Specifications and detail Drawings for the price bid. All Work to be performed pursuant to the Contract Documents for the Project is at the Contractor's risk, and they assume the responsibility for all damages to the Work or to contiguous property. The Contractor shall have charge of and be responsible for the entire Project until its completion and acceptance. It shall be the Contractor’s responsibility to maintain all stages of Work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of the Work during such periods as are necessary to insure proper care of the Work. The Contractor shall be liable for any defects, which may appear, or be discovered on the Work prior to the termination of the guarantee period.

b. The Contractor shall designate one person who will be in charge of the Project and to

whom the City Representative shall give guidance as to the intent of the Plans and Specifications. If any person employed on the Project shall refuse or neglect to obey the directions of the City Representative, relating to the Work, or shall appear to be incompetent, disorderly or unfaithful, the employee shall, upon the request of the City Representative shall be removed from the Project.

5.18 Protection of Persons and Property a. The Contractor shall be responsible for initiating, maintaining, supervising and directing

all safety precautions and programs in connection with the performance of the Contract. b. The Contractor shall be responsible for the protection of all Work until completion and

final payment is made, including any material or equipment to be incorporated whether in storage on or off the Work site.

c. The Contractor shall, at their own expense, replace damaged or lost material, or repair damaged parts of the Work or of other property at the work site or adjacent thereto, and the Contractor and their sureties shall be liable therefore.

d. The Contractor shall assume all risks from floods and casualties and shall make no claim for damages for delay from such caused. However, a reasonable extension of time on account of such delays may be allowed, subject to the conditions contained in Section 5.14 of these General Terms and Conditions

e. In the event the Contractor encounters materials reasonably believed to be hazardous on the worksite, such as asbestos or polychlorinated biphenyl (PCB), the Contractor shall immediately stop Work in the area affected and report the condition to the City Representative.

f. The Contractor shall take all necessary precautions for the safety of employees on the work site and other persons who may be affected thereby, and shall comply will all applicable provisions of Federal, State, Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the

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Work is to be performed. The Contractor shall erect and properly maintain at all times, as required by the condition and progress of the Work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by such features of Construction including, but not limited to, protruding nails, hod hoists, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials.

g. The Contractor warrants it is fully familiar and shall comply with all of the safety requirements of the Occupational Safety and Health Act (29 U.S.C. Sections 641-678, or as amended or recodified from time to time). Also the Hazard Communication Act relating to the use of hazardous materials (29 C.F.R. 1910-1200, or as amended or recodified from time to time), as promulgated by the Federal Government, and that it will be solely responsible for all fines and penalties provided for by law for any violation of such Act and, furthermore, shall require all subcontractors to comply with such Acts and with the provisions of this section.

5.19 Damage to Existing Improvements a. Any damage done to existing improvements during the progress of this Project shall be

repaired by the Contractor under the direction of the City Representative and the Contractor shall be responsible for all costs related to such repairs. All repairs shall be made according to the requirements of the City’s Standard Specifications for Construction, found at https://www.bloomingtonmn.gov/eng/information-sheets-and-handouts-engineering-division, for various types of improvements or classes of Work required.

b. The Contractor shall be entirely responsible for the protection of all improvements that are not designated by the City Representative to be removed for proper Construction of the Project.

5.20 Sanitary Provisions a. The Contractor shall comply with all laws, rules and regulations of the State, and Local

Health Authorities and shall take the necessary precautions to avoid unsanitary conditions.

b. Suitable sanitary conveniences for the use of all persons employed on the Project, properly screened from public observation, shall be provided and maintained by the Contractor.

5.21 Fossils If any fossils or treasure or other unusual or valuable geological formations or archeological remains are found in the progress of excavating, such fossils, treasure or samples of geological formations shall be carefully preserved by the Contractor who shall convey such items to a State or Federal Agency concerned with their preservation and study after notifying the City Representative. These items shall become the property of said State or Federal Agency.

6. PAYMENT 6.1 Schedule of Values

The Contractor shall submit to the City Representative, not later than ten (10) days following the date on which the Contractor received written notice to proceed from the Owner, a Schedule of Values allocating the entire Contract amount to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the

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City Representative may require. This schedule, unless objected to by the City Representative, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

6.2 Application for Payment a. The Contractor may not submit invoices more than once a month unless otherwise

specified by the City. Invoices for any service, equipment, or material not identified in the Contract will be disallowed.

b. Applications for payment may be in the form of the Contractor’s standard invoice. The application shall contain the Purchase Order number, the Contract number (if applicable), an itemized list of materials and services used to complete the Project or portion thereof, and the description of each item occurring in the Contract Documents.

6.3 Payments a. Payment shall be made within thirty (30) calendar days of receipt of detailed invoices or

payment application, whichever is later. b. The City may withhold from payment to the Contractor on any estimate, except as

required or prohibited under Minn. Stat. Section 15.72, in addition to retained percentages, such an amount or amounts as may be necessary to cover:

• Defective Work not remedied and Work not completed.

• Claims for labor or materials furnished the Contractor or subcontractor, or reasonable evidence indicating probable filing of such claims.

• Failure of the Contractor to make payments properly to subcontractors or for material or labor furnished by others.

• A reasonable doubt that the Contract can be completed for the balance yet unpaid.

• Evidence of damage to another Contractor or private property. c. Before the City will make payment on the final estimate, the Contractor shall file with the

City Clerk a notarized certificate (IC-134) to the effect that all labor, material, and other costs have been paid in full and a notarized statement to the effect that all Minnesota State Withholding taxes have been paid.

6.4 Taxes a. The City is not subject to Federal Excise Tax. b. The City is exempt from Minnesota and Local Sales Tax. This exemption applies to

6.875% MN Sales Tax, 0.15% Hennepin County Sales Tax, and the 0.25% Transit Improvement Tax. Refer to Minnesota Department of Revenue Sales Tax Fact Sheet #176 for more information.

6.5 Audit All books, records, documents, and accounting procedures and practices of the Successful Bidder relevant to the Contract shall, pursuant to Minnesota Statutes, Section 16C.05, subd 5, be subject to examination at all times by the City and/or by the Legislative Auditor or State Auditor.

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7. INSURANCE, INDEMNIFICATION AND LIABILITY 7.1 Contractor’s Insurance

a. To the fullest extent allowed by law, the Contractor must maintain, at their sole cost and expense, the following minimum insurance limits at all times during the term of the Contract, and beyond such term when so required: Commercial General Liability

General Aggregate $1,500,000 Combined Bodily Injury $ 500,000 per individual

$1,500,000 per occurrence Property Damage Liability $1,500,000 per occurrence

Business Automobile Liability

Combined single limit each occurrence $ 500,000 per individual coverage for bodily injury and property $1,000.000 per occurrence damage covering owned, non-owned, and hired automobiles

Workers Compensation Insurance Statutory – Per State of Minnesota

b. The above establishes the minimum insurance coverages and limits required. It is the

sole responsibility of the Contractor to determine the need for, and to procure additional insurance which may be needed in connection with the Contract. All insurance policies shall be open to inspection by the City, and copies of policies shall be submitted to the City upon written request.

c. To meet the above requirements, the Contractor may use a combination of underlying

primary policies and Umbrella coverage, as long as the City approves such use and it is evidenced on the Certificate of Insurance naming the City as an additional insured on both policies. The Umbrella needs to be a following form coverage and provide a thirty (30) day notice of cancellation.

d. The Contractor must provide proof of required insurance and file an acceptable

Certificate of Insurance with the City, subject to approval of the City Attorney, prior to execution of the Contract. The certificate shall:

i. Name the City as an additional insured with respect to operations covered under the Contract for all commercial general liability and business automobile liability insurance coverages.

ii. Shall state that the City will receive thirty (30) calendar days advance written notice in the event of cancellation, non-renewal, or material change in any described policies.

e. When the Contract is awarded to the Bidder, the Bidder shall submit a certificate to the

City warranting that the Bidder is in full compliance with Minnesota Statutes, Section 176.181 subd. 2 (Workers' Compensation) Prior to beginning any Work on the Project.

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e. The Contractor shall furnish to the City updated certificates during the term of the Contract as insurance policies expire or are modified. If the Contractor fails to furnish proof of insurance coverages, the City may withhold payments and/or pursue any other right or remedy allowed under the Contract, law, equity, and/or statute.

7.2 Indemnification

The Contractor will defend, indemnify and hold harmless the City and its officers, officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting from the Successful Bidders, including the Successful Bidder's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and or subcontractor’s performance of the duties required under the Contract, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, death, or to the injury to or the destruction of property, including a loss of use resulting therefrom, and is caused in whole or in part by any negligent act or omission or misconduct of the Bidder, it guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and or subcontractors.

8. GUARANTEE 8.1 Guarantee of Workmanship and Materials

a. The Contractor shall be held responsible for any and all defects in workmanship and

materials which may develop during any part of the installation furnished under this Contract. Upon written notice by the City Representative, the Contractor shall immediately replace any such faulty parts and materials at no cost to the City during the period of one year from the date of final acceptance of the Project. “Final Acceptance of the Project” shall be interpreted as of the date on which all punch list items are agreed upon and deemed final. On Projects with landscaping items this final acceptance period cannot occur until the plant establishment period has elapsed.

b. Should the Contractor fail to make good the defective parts within a period of thirty (30)

days of such notification after written notice has been given such Contractor, the City may replace these parts, charging the expense of same to the Contractor.

9. ADDITIONAL CONDITIONS 9.1 Assignment of Contract

a. No portion of the Contract may be assigned, or otherwise disposed of except with the written consent of the City. Requests for permission to assign, or otherwise dispose of any portion of the Contract shall be in writing and accompanied by the written consent of the surety. Written consent to assign, or otherwise dispose of any portion of the Contract shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the Contract. All subcontractors shall be regarded as agents of the Contractor and the latter shall be responsible for all Work and material furnished and any indebtedness incurred by such agents.

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b. Pursuant to Minnesota Statutes §16C.285, subdivision 3, the Contractor may only sublet Work to subcontractors that meet the definition of “Responsible Contractor” for Projects in excess of $50,000. The Contractor is responsible for obtaining verifications of compliance with §16C.285 from its subcontractors using the form provided by the City. The Contractor must provide such verifications to the City upon the City’s request.

c. The Contractor agrees that it must pay any subcontractor within ten (10) days of the prime Contractor’s receipt of payment from the municipality for undisputed services provided by the subcontractor. The Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime Contractor must be awarded its costs and disbursements, including attorneys fees, incurred in bringing the action.

9.2 Entire Agreement a. The Contract Documents represent the entire and integrated Contract between the

parties hereto and supersedes all prior negotiation, representations or agreement, either written or oral. No subsequent agreement by the City and the Contractor to waive or alter any of the provisions of this Contract, the Specifications, or any Bid Documents shall be valid unless authorized in writing by the City.

b. If there is a conflict or inconsistency between this Agreement and the Specifications an Special Provisions, the parties agree to the following priority of documents:

i. The Agreement ii. Specifications iii. General Conditions

9.3 Governing Law/Jurisdiction The Bidder agrees that the Bid Documents and the Contract, if awarded to the Bidder, shall be construed and governed by the laws of the State of Minnesota. The Bidder agrees to at all times observe and comply with all laws, ordinances, regulations and codes of the federal, state and local government which may in any manner affect the preparation of proposals or the performance of the Contract.

9.4 Independent Contractor It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor, or its subcontractors, as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Contractor, or its subcontractors, is to be and shall remain an independent contractor with respect to all services performed under this Contract. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Contract. Any and all personnel of the Contractor or other persons while so engaged, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers’ Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its guests, invitees, members, officers,

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officials, agents, employees, volunteers, representatives and or subcontractors shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, officials, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA.

9.5 Data Privacy Contractor agrees to abide by all applicable state and federal laws, rules and regulations concerning the handling and disclosure of private and confidential information concerning individuals and non-public and protected non-public information not concerning individuals. Contractor shall defend, indemnify and hold the City, its officers, officials, agents and employees from any all claims or causes of action resulting from the Contractors, its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and or subcontractors unlawful disclosure of private, confidential non-public or protected non-public data.

9.6 City Policy Compliance The Contractor agrees, as a condition of being awarded the Contract, that it will require each of its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and or subcontractors to abide by the City’s policies prohibiting sexual harassment, firearms, unlawful discrimination, and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Contract. The Contractor agrees and understands that a violation of any of these policies or rules constitutes a breach of the Contract and sufficient grounds for immediate termination of the Contract by the City.

9.7 Mediation The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, MN 55405. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations.

10. NON-DISCRIMINATION 10.1 Americans with Disabilities Act and TTY Requirements

a. The Contractor must agree to comply with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) and shall not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The Contractor agrees to utilize their own text telephone or the Minnesota Relay Service in order to comply with accessibility requirements. The Contractor agrees to utilize their own text telephone or the Minnesota Relay Service in order to comply with accessibility requirements. The City has designated coordinators to facilitate compliance with the

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ADA, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact Human Services Division, City, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone: (952)563-8700; TDD: (952)563-8740.

b. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Contractor.

10.2 Non-Discrimination The City hereby notifies all Bidders that businesses owned and controlled by minorities or women will be afforded maximum feasible opportunity to submit Bids and/or proposals. The City also notifies all persons that no one will be subjected to discrimination on the basis of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance and the Bidder agrees to comply with the requirements of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363.

10.3 Statutory Non-Discrimination Requirements Per the requirements of Minnesota Statutes 181.59, the City hereby notifies all Bidders that every contract for or on behalf of the City, for materials, supplies, or Construction shall contain provisions by which the Contractor agrees that:

1) In the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates;

2) No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color;

3) A violation of this section is a misdemeanor; and 4) The City may cancel or terminate a contract, and all money due, or to become

due, under the contract may be forfeited for a second or any subsequent violation of the terms or conditions of the contract.

End of Document

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Page 1 of 3 City of Bloomington, MN Section 00 41 00 Bid Submittal Form Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

BID SUBMITTAL FORM

Project: Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad Installation

Owner: City of Bloomington, MN 1800 West Old Shakopee Road Bloomington, Minnesota 55431

BIDDER:

BASE BID

I have examined the Bidding Documents, and hereby proposed and agree to Furnish all labor, materials and equipment required for the Work described in the Project Manual. The undersigned hereby proposes to replace sections of curb and gutter and sidewalk as specified for the unit prices show below on an as needed basis.

UNIT PRICE EXTENDED TOTALS CURB & GUTTER: EST. 2,000 LINEAL FEET $ /LN FT $ 6” SIDEWALK: EST. 2,000 SQUARE FEET $ /SQ FT $ 4” SIDEWALK: EST. 10,000 SQUARE FEET $ /SQ FT $ 4” COLORED STAMPED CONCRETE EST. 500 SQUARE FEET $ /SQ FT $ 4” PAD EST. 3,000 SQUARE FEET $___________/SQ FT $_________________

GRAND TOTAL: $

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Page 2 of 3 City of Bloomington, MN Section 00 41 00 Bid Submittal Form Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

ADDENDA

I acknowledge receipt of the following Addenda, and have incorporated their provisions into the Bid.

No. Date No. Date

No. Date No. Date

BID GUARANTY PERIOD

I agree to hold this Bid open for a period of sixty (60) Calendar Days after the Bid opening. If this Bid is accepted within that period, I agree to execute a Contract with the City of Bloomington and to furnish a Performance Bond and a Labor and Materials Payment Bond in the full amount of the Contract.

BID BOND

I enclose a Bid Bond, certified check or cashier’s check, in the amount of five percent (5%) of the maximum Bid, payable to “City of Bloomington, MN”

BUILDING CONSTRUCTION CONTRACTOR REGISTRATION

I have submitted a copy of Department of Labor and Industry (DLI) Building Construction Contractor Registration with this bid. Or if not required to register with the (DLI), then a copy of trade licensure, or current independent contractor exemption certificate has been submitted in place of Building Construction Contractor Registration. RESPONSIBLE CONTRACTOR CERTIFICATION I have submitted the Responsible Contractor Verification and Certification of Compliance form (Attachment A) with this bid. NON-COLLUSION AFFIDAVIT I have submitted a notarized Non-Collusion Affidavit of Prime Bidder form with this bid. BIDDER’S CONTACT FOR THIS PROJECT/SERVICE Name: Title:_____ Telephone: Email:

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Page 3 of 3 City of Bloomington, MN Section 00 41 00 Bid Submittal Form Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

CONTRACTOR’S SUPERVISOR FOR THIS CONTRACT Name: Title:_____ Telephone: Email: STATUS OF FIRM: Bidder is: ____ A sole proprietor; ____ A partnership: ____ A corporation registered in the state of

SIGNATURE Name Title Signature Date Firm Name Address (Street) (City) (State) (Zip) Telephone: Fax: If a partnership, list name and address of all partners Name: Address: (Street) (City) (State) (Zip) Name: Address: (Street) (City) (State) (Zip) If a corporation, affix corporate seal and list State of incorporation.

The person signing this form is a person authorized to bind the company they are signing for.

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Page 1 of 6 City of Bloomington, MN Section 00 45 00 Responsible Contractor Certificate Project 20-20 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

ATTACHMENT A

RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE

CITY PROJECT NUMBER:

Minn. Stat.§ 16C.285, Subd. 7. IMPLEMENTATION .... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. ..

Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:

(1)

The Contractor:

(i) is in compliance with workers' compensation and unemployment insurance requirements;

(ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees;

(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and

(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative.

(2)

The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:

(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period;

(ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final;

(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;

(iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27;

(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or

(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;*

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Page 2 of 6 City of Bloomington, MN Section 00 45 00 Responsible Contractor Certificate Project 20-20 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

(3)

The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 3268. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;*

(4)

The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;*

(5)

The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;*

* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5),

occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.

(6)

The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and

(7)

All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

Minn. Stat.§ 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION.

A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project.

If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.

A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement.

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Page 3 of 6 City of Bloomington, MN Section 00 45 00 Responsible Contractor Certificate Project 20-20 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

Minn. Stat.§ 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.

A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document.

A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted.

A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria.

CERTIFICATION

By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:

1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285,

2) I have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required.

Authorized Signature of Owner or Officer:

Printed Name:

Title:

Date:

Company Name:

NOTE: Minn. Stat.§ 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met.

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Page 4 of 6 City of Bloomington, MN Section 00 45 00 Responsible Contractor Certificate Project 20-20 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

ATTACHMENT A-1

FIRST-TIER SUBCONTRACTORS LIST

SUBMIT WITH PRIME CONTRACTOR RESPONSE

CITY PROJECT NUMBER:

Minn. Stat.§ 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Submit this form to biddocsubmittal.dot@state.mn.us.

FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)

Name of city where company home office is located

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Page 5 of 6 City of Bloomington, MN Section 00 45 00 Responsible Contractor Certificate Project 20-20 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

ATTACHMENT A-2

ADDITIONAL SUBCONTRACTORS LIST

PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT

CITY PROJECT NUMBER:

This form must be submitted to the Project Manager or individual as identified in the solicitation document.

Minn. Stat. § 16C.285, Subd. 5. ... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Submit this form to biddocsubmittal.dot@state.mn.us.

ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)

Name of city where company home office is located

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Page 6 of 6 City of Bloomington, MN Section 00 01 10 Table of Contents Project 17-09 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)

Name of city where company home office is located

SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2

By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:

All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat.§ 16C.285.

Authorized Signature of Owner or Officer:

Printed Name:

Title:

Date:

Company Name:

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1 Bloomington, MN Non-Collusion Affidavit

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF MINNESOTA) ) ss

COUNTY OF HENNEPIN)

_______________________________________________________________ being first duly sworn deposes and says that:

(1) He/She is ___________________________________________ of ____________ OWNER, PARTNER, OFFICER REPRESENTATIVE OR AGENT

____________________________________________________, the Bidder that has submitted the attached bid;

(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Bloomington or any person interested in the proposed Contract and;

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed) __________________________________ _________________________________

Subscribed and sworn to before me

this _____ day of ______________, 20_____

____________________________________ (Notary Public)

My commission expires _________________

Section 00 45 1960

Page 1 of 10 City of Bloomington, MN Section 00 52 00 Agreement Form - Sample Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad

SERVICES AGREEMENT

THIS AGREEMENT is made this ___ day of _______, 2020 (“Effective Date”) by and

between , a located at (“Contractor”), and the CITY OF BLOOMINGTON, MINNESOTA, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431-3027 (“City”):

RECITALS

A. Contractor is engaged in the business of providing construction services.

B. The City desires to secure a contract to provide the replacement of curb, gutter and sidewalk, and miscellaneous concrete pad installation throughout the City of Bloomington as determined by the Public Works Department on an as needed basis.

C. Contractor represents that it has the expertise and capabilities to provide the City with the requested services.

D. City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement.

NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows:

AGREEMENT

1. Services to be Provided. Contractor agrees to provide the City with construction services as described in City’s Bid Documents and the Contractor’s Bid attached to this Agreement as Exhibit A and B or any supplemental letter agreements, or both, entered into between the City and Contractor (the “Services”). The Services referenced in the attached Exhibit A and B or any supplemental letter agreements shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by contractors currently providing similar services.

2. Time for Completion. This Agreement shall remain in force and effect commencing from

Effective Date and continuing until the earlier of March 31, 2021 or completion of the project unless terminated by the City or amended pursuant to the Agreement.

The City reserves the right to extend the contract for two (2) additional one (1) year periods if the level of service has been satisfactory, the extension is permitted by the Contractor, and has the approval of the City Manager. Unless stated differently in the specifications, no renewal or extension can be made by the City unless the original terms of the contract

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remain the same during the renewal or extension period. The City will contact the Contractor sixty (60) days prior to the contract expiration to determine whether or not a renewal or extension of the contract will be granted.

3. Consideration. The consideration, which City shall pay to Contractor and shall not exceed

$.00, for both the Services performed by Contractor and the expenses incurred by Contractor in performing the Services, shall be as set forth in Exhibit A and B and incorporated into this Agreement. City shall make progress payments, based on monthly invoices from Contractor. City’s payment shall be made within 30 days after Contractor’s statement. Contractor’s statement shall contain a detailed list of project labor and hours, rates, titles, and amounts undertaken by the Contractor during that billing period.

The Contractor may request a one (1) time price adjustment for each renewal term by submitting a written request sixty (60) days prior to Contract expiration. The price adjustment request may be made for increases in direct costs to deliver the contract services. This includes direct labor, FICA, employee benefits, and direct materials and equipment costs. It does not include managerial salaries, profit margins, or general overhead costs. The Contractor may be required to provide demonstrable evidence of these cost increases. No mid-term price increases will be considered during the term of the contract or any contract extension thereof. Any such request will be subject to final approval and acceptance by the City Manager.

4. Expense Reimbursement. The Contractor will not be compensated separately for

necessary incidental expenses. All expenses of the Contractor shall be built into the Contractor’s fixed compensation rates, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail.

5. Approvals. The Contractor will secure the City’s written approval before making any

expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail.

6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement

may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any

time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement

by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or

no reason at all; or d. City may terminate this Agreement immediately upon Contractor’s failure to have

in force any insurance required by this Agreement.

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In the event of a termination, City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination.

7. Amendments. No amendments may be made to this Agreement except in writing signed by both parties.

8. Remedies. In the event of a termination of this Agreement by City because of a breach by Contractor, City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. The foregoing remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach.

9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Contractor

agrees that the books, records, documents, and accounting procedures and practices of the Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. The Contractor shall maintain such records for a minimum of six years after final payment.

10. Indemnification. To the fullest extent permitted by law, the Contractor, and the

Contractor's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or the costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct, or arising out of the failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations will survive the completion or termination of this Agreement.

11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this

Agreement. Contractor agrees that before any work related to the approved Project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, Section 176.181; Auto Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,500,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,500,000.00 per occurrence for property damage. To meet the Commercial General Liability and Auto Liability requirements, the Contractor may use a combination of Excess and Umbrella coverage. The Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Bloomington is named as an additional insured with respect to the commercial general liability, automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability

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policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless thirty (30) days’ written notice is provided to the City, or ten (10) days’ written notice in the case of non-payment.

12. Subcontracting. Neither the City nor the Contractor shall assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of services required by this Agreement. Any instrument in violation of this provision is null and void.

13. Assignment. Neither City nor Contractor shall assign this Agreement or any rights under

or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void.

14. Independent Contractor. Contractor shall be deemed an independent contractor. Contractor’s duties will be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. All required equipment and personnel shall be provided or contracted for by Contractor. The manner in which the services are performed shall be controlled by Contractor; however, the nature of the services and the results to be achieved shall be specified by City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided in this Agreement. All services provided by the Contractor pursuant to this Agreement shall be provided by the Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.

15. Compliance with Laws. Contractor shall exercise due care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees to provide the applicable services detailed in Exhibit A or any supplemental letter agreement. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment, firearms, and smoking, as well as all other reasonable work rules, safety rules, or policies regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies or rules constitutes a breach

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of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.

16. Entire Agreement. This Agreement, any attached exhibits and any addenda or

amendments signed by the parties shall constitute the entire agreement between the City and the Contractor, and supersedes any other written or oral agreements between the City and the Contractor. This Agreement can only be modified in writing signed by the City and the Contractor. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail.

17. Third Party Rights. The parties to this Agreement do not intend to confer on any third

party any rights under this Agreement. 18. Choice of Law and Venue. This Agreement shall be governed by and construed in

accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise.

19. Conflict of Interest. The Contractor shall use reasonable care to avoid conflicts of interest

and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and either secure a waiver of the conflict or advise the City that it will be unable to provide the requested services.

20. Work Products and Ownership of Documents. All records, information, materials and

other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by the Contractor. Regardless of when such information was provided, the Contractor agrees that it will not disclose for any purpose any information the Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement.

21. Agreement Not Exclusive. The City retains the right to hire other enter type of services

the Contractor will provide – same as A. above service providers for other matters, in the City’s sole discretion.

22. Data Practices Act Compliance. Any and all data provided to the Contractor, received from

the Contractor, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three (3) business days if it receives a data request from a third party. This paragraph does not create a duty on the part of the Contractor to provide access to public data to the public if the public data are available

65

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from the City, except as required by the terms of this Agreement. These obligations survive the termination of this Agreement.

23. No Discrimination. Contractor agrees not to discriminate in providing products and services

under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act, as amended (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of these laws by the Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, the Contractor shall provide accommodation to allow individuals with disabilities to participate in all services under this Agreement. Contractor agrees to utilize their own auxiliary aid or service in order to comply with ADA requirements for effective communication with people with disabilities.

24. Authorized Agents. The City’s authorized agent for purposes of administration of this

contract is , the of the City, or designee. The Contractor’s authorized agent for purposes of administration of this contract is , who shall perform or supervise the performance of all Services.

25. Notices. Any notices permitted or required by this Agreement shall be deemed given when

personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to:

Contractor: ;

City: City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431, Attn: ; _____________@bloomingtonmn.gov; 952-563- ______; or such other contact information as either party may provide to the other by notice given in accordance with this provision.

26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a

waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver.

27. Headings. The headings contained in this Agreement have been inserted for convenience

of reference only and shall in no way define, limit or affect the scope and intent of this Agreement.

28. Mediation. Both parties agree to submit all claims, disputes and other matters in question

between the parties arising out of or relating to this Agreement to mediation at the Conflict

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Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. In the event mediation is unsuccessful, either party may exercise its legal or equitable rights.

29. Payment of Subcontractors. Contractor agrees that it must pay any subcontractor within ten (10) days of the prime contractor’s receipt of payment from the municipality for undisputed services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action.

30. Publicity. City and Contractor shall develop language to use when discussing the Services.

Contractor agrees that any publicity regarding the Services or the subject matter of this Agreement must not be released unless it complies with the approved language. Contractor must not use the City’s logo or state that the City endorses its services without the City’s advanced written approval.

31. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.

32. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants

that he or she is duly authorized. In the event the Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of the Contractor, as described in this Agreement, personally.

33. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures.

34. Performance and Payment Bonds. Contractor agrees to provide a performance bond and

a separate payment bond, equal to 100% of the cost of the Project. The bonds shall be furnished by a corporate surety company authorized to do business in the State of Minnesota and must be approved by the City Attorney prior to the execution of this Agreement. The cost of the performance and payment bonds shall be the sole responsibility of the Contractor.

35. Recitals. City and the Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement.

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8

[The balance of this page left blank intentionally.]

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9

IN WITNESS WHEREOF, the City and the Contractor have caused this Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below.

CITY OF BLOOMINGTON, MINNESOTA

DATED:___________________________ BY:________________________________ James D. Verbrugge

Its: City Manager Reviewed and approved by the City Attorney. __________________________________ Melissa J. Manderschied

DATED:___________________________ BY:________________________________ Its:_________________________

69

10

70

Performance Bond No. ___________________

NOTE: This bond is issued simultaneously with payment bond in favor of the Owner conditioned for the payment of labor and materials.

Know All Men by These Present:That ___________________________________________________________________________________________________________

Name and address or legal title of Contractor

as Principal, hereinafter called Contractor, and the ______________________________________________________________________,a corporation organized and existing under the laws of the State of _______________________________________, with its principal office in the City of ______________________________________________, as Surety, hereinafter called Surety, are held and firmly bound unto______________________________________________________________________________________________________________________________________________________________________________________________________________________________

Name and address or legal title of the Owner

as Obligee, hereinafter called Owner, in the amount of ________________________________________________________________________________________________________________________________________ Dollars ($ ________________________________ )for the payment whereof, Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly andseverally, firmly by these present.

Whereas, Contractor has by written agreement dated __________________________________ entered into a contract with the Owner for ______________________________________________________________________________________________________________________________________________________________________________ in accordance with drawings and specifications prepared by ______________________________________________________________________________________________________________________________________________________________________________________________________________________________

Full name, title and address

which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.

Now, therefore, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then thisobligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the Owner.

Whenever Contractor shall be and declared by Owner to be in default under the CONTRACT, the Owner , having performed Owner’sobligations hereunder, the Surety may promptly remedy the default, or shall promptly:

(1) Complete the CONTRACT in accordance with its terms and conditions, or

(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety ofthe lowest responsible bidder, or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsiblebidder, arrange for a contract between such bidder and Owner and make available as Work progresses (even though there should be adefault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to paythe cost of completion less the balance of the contract price: but not exceeding; including other costs and damages for which theSurety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price” as used inthis paragraph, shall mean the total amount payable by Owner to the Contractor under the Contract and any amendments thereto, lessthe amount property paid by Owner to the Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACTfalls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors, administrators or successors of the Owner.

Signed and sealed this __________________________________ day of ________________________________ , 20_______

PRINCIPAL (Corporate Seal)

Witness (If individual/partnership) Name

Attest (If corporation) SignatureBy

Typed Name and Title

SURETY (Corporate Seal)

Attest Name

SignatureBy

Typed Name

Attorney-in-fact

33-036 (11/96)

71

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73

Certificate of Compliance

Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has ful-filled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.

Department of Revenue approval Date

(Rev. 6/12)

IC134

Withholding Affidavit for ContractorsThis affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. For more detailed information, see the instructions on the back of this form.

Company name Daytime phone Minnesota tax ID number

Address Total contract amount Month/year work began

City State ZIP code Amount still due Month/year work ended

Please type or print clearly. This will be your mailing label for returning the completed form.

$

$

Proj

ect

Info

rmat

ion

Project number Project location

Project owner Address City State ZIP code

Did you have employees work on this project? Yes No. If no, who did the work?

I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcon-tractors if I am a prime contractor, and to the contracting agency.

Contractor’s signature Title Date

Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610Phone: 651-282-9999 or 1-800-657-3594 (TTY: Call 711 for Minnesota Relay).

Sign

Her

e

Check the box that describes your involvement in the project and fill in all information requested.

Sole contractor Subcontractor

Name of contractor who hired you

Address

Prime contractor—If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affida-vits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor’s certified IC134. If you need more space, attach a separate sheet.

Business name Address Owner/Officer

Cont

ract

or T

ype

74

Form IC134 Instructions Minnesota Tax ID NumberYou must have a Minnesota tax ID number if you have employees who work in Min-nesota. You must enter your Minnesota tax ID number on Form IC134.If you don’t have a Minnesota tax ID number, apply online at www.revenue.state.mn.us or by calling our Business Registra-tion Office at 651-282-5225 or 1-800-657-3605.If you have no employees and did all the work yourself, you do not need a Minnesota tax ID number. Instead, enter your Social Security number in the space for Minnesota tax ID number and explain who did the work.

Submit AffidavitForm IC134 cannot be processed by the Department of Revenue until you finish the work. If you submit the form before the project is completed, it will be returned to you unprocessed.

If any withholding payments are due to the state, Minnesota law requires certified pay-ments before we approve your Form IC134.If you are a subcontractor or sole contractor, submit the form when you have completed your part of the project.If you are a prime contractor, submit the form when the entire project is completed and you have received certified affidavits from all of your subcontractors.

If you’re a prime contractor and a subcontractor on the same projectIf you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contrac-tor as well. Complete both the subcontrac-tor and prime contractor areas on a single Form IC134.You may submit your withholding affidavit either electronically or by mail. This af-fidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work.

Withholding AffidavitNo state agency or local unit of government can make final payment to a contractor un-til the Department of Revenue has certified that the contractor and any subcontractor have fulfilled the requirements of Minne-sota withholding tax laws.

Who Must FileIf you are a prime contractor, a contrac-tor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must submit an affidavit to the Department of Revenue to receive a confirmation of compliance.

Use of InformationThe Department of Revenue needs all the requested information to determine if you have met the state income tax withholding requirements. If all required information is not provided, Form IC134 will be returned to you for completion.

All information on this affidavit is private by state law. It cannot be given to others with-out your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law.

For an immediate response: Complete and submit your withholding affidavit elec-tronically. Go to www.revenue.state.mn.us and choose Withholding Tax. Under the File and Pay tab, click on IC134 Affidavit for Contractors.You may complete and mail Form IC134 to: Minnesota Revenue, Mail Station 6610, St. Paul, MN, 55146-6610. If you have fulfilled the requirements of Minnesota withholding tax laws, the department will sign your affidavit and return it to you.To receive your final payment, submit the certified affidavit to the government unit for which the work was done. If you are a subcontractor, submit the certified affidavit to your prime contractor to receive your final payment.

Information and Assistance Additional forms and information, includ-ing fact sheets and frequently asked ques-tions, are available on our website.

Website: www.revenue.state.mn.us

Email: withholding.tax@state.mn.us

Phone: 651-282 9999 or 1-800-657-3594.

(TTY: Call 711 for Minnesota Relay)

We’ll provide information in other formats upon request to persons with disabilities.

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Page 1 of 3 City of Bloomington, MN Section 03 00 00 Concrete Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad 1

2020

SPECIFICATIONS FOR

CONCRETE: CURB , GUTTER AND SIDEWALK REPLACEMENTAND MISCELLANEOUS PAD INSTALLATION

GENERAL: It is the intent of these specifications to outline the requirements to replace sections of curb, gutter and sidewalk at locations throughout the City of Bloomington at the request of the Public Works Department on an as needed basis. Requests may also be made for new small slabs or footings to be installed in the City’s parks; additional square footage for new concrete work has been added to estimated quantities of the 4” thick sidewalk. All quantities are estimates only and are not intended to express or imply guaranteed quantities. ESTIMATED QUANTITIES:

A) Curb and Gutter – approximately 2,000 lineal feet B) 6” thick Sidewalk – approximately 2,000 square feet C) 4” thick Sidewalk – approximately10,000 square feet D) 4” thick colored stamped Sidewalk- approximately 500 square feet E) 4” thick Pad – approximately 3,000 square feet

CONTRACT PERIOD AND EXTENSION PROVISIONS: The contract period shall commence on the date the contract is executed by both parties. The termination date of this contract shall be March 31, 2021. The City reserves the right to extend the contract for two (2) additional one (1) year periods if the level of service has been satisfactory, the extension is permitted by the Contractor, and has the approval of the City Manager. Unless stated differently in the specifications, no renewal or extension can be made by the City unless the original terms of the contract remain the same during the renewal or extension period. The City will contact the Contractor sixty (60) days prior to the contract expiration to determine whether or not a renewal or extension of the contract will be granted. The Contractor may request a one (1) time price adjustment for each renewal term by submitting a written request sixty (60) days prior to Contract expiration. The price

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Page 2 of 3 City of Bloomington, MN Section 03 00 00 Concrete Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad 2

adjustment request may be made for increases in direct costs to deliver the contract services. This includes direct labor, FICA, employee benefits, and direct materials and equipment costs. It does not include managerial salaries, profit margins, or general overhead costs. The Contractor may be required to provide demonstrable evidence of these cost increases. No mid-term price increases will be considered during the term of the contract or any contract extension thereof. Any such request will be subject to final approval and acceptance by the City Manager. CONTRACTOR’S RESPONSIBILITY: The Contractor shall be responsible for removal and disposal of existing curb and gutter, sidewalk, and/or slab as required to complete the Work. The Contractor shall also be responsible for restoring the landscaping as required to complete the Work. All Work shall be done in accordance with the City of Bloomington Standard Specifications for Construction (revised 2014). These standard specifications are available on the City’s web-site: https://www.bloomingtonmn.gov/sites/default/files/standard_spec.pdf All Work shall be done in accordance with the City of Bloomington Right-of-Way Ordinance available through the Citys Code at http://library.amlegal.com/nxt/gateway.dll/Minnesota/bloomington_mn/bloomingtonminnesotacodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:bloomington_mn The Contractor shall be responsible for calling Gopher State One-Call for all utility locates, as well as notifying the property owner forty-eight (48) hours before starting Work on or adjacent to their property. The Contractor shall repair, at their sole expense, all property loss, including irrigation systems, incurred as a result of their work on the Project. The Contractor shall be responsible for notifying the homeowner forty-eight (48) hours before starting Work on or adjacent to their property. The Contractor is expected to work out all scheduling issues with the property owner. The Contractor shall repair, at their sole expense, all property loss, including irrigation systems, incurred as a result of their work on the Project. The Contractor shall be required to provide traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) while work is in progress. Open construction sites may require lane closures and lighted barricades as defined by MMUTCD. The Contractor shall use 4,000 PSI concrete with four to six percent (4% to 6%) air entrained and maximum three inch (3”) slump according to MNDOT Spec. 2461.

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Page 3 of 3 City of Bloomington, MN Section 03 00 00 Concrete Project 20-05 Concrete: Curb, Gutter, Sidewalk, and Miscellaneous Pad 3

All concrete shall be poured in place to match existing curb and gutter or sidewalk. The Contractor shall remove marked curb and sidewalk with minimal (less that 8”) damage to the street and driveways. All turf restoration shall be accomplished in accordance with the City of Bloomington Standard Specifications for Construction (revised 2014). Restoration must take place within fourteen (14) days of pouring concrete. All turf backfill material shall be clean pulverized topsoil, compacted, and seeded. Concrete forms shall be placed on the front of the gutter and the back of the curb to ensure a straight edge. Expansion joints shall be placed between new and existing concrete. On replacement of curb and gutter or sidewalk connecting or passing through an existing residential driveway, curb and gutter or sidewalk shall be poured separately from the driveway apron. Failure to Complete Work On Time All Work must be completed within thirty (30) days after the Contractor is given the work order/request and/or list of addresses and amount of curb and sidewalk to be removed and replaced. After three (3) days written notice to the Contractor, the City may arrange, either through use of its own work force or another contractor, for the completion of the Work. All costs incurred by the City for such Work shall be deducted from any payments due the Contractor. Failure to perform any of requested Work could eliminate the Contractor from future bids. CITY’S RESPONSIBILITY: The City will be responsible for providing a list and to mark the curb and sidewalk to be replaced. The City also will be responsible for inspection of the Work and random testing of the concrete to insure that it meets specifications. The City will make all street restoration (patching) after curb, gutter and sidewalk have been replaced.

78

Exhibit B

79

80

81

82

83

84

85

86

87

88

89

90

91

92

RESOLUTION NO. 2020-

A RESOLUTION TO AWARD BID FOR CONCRETE: CURB, GUTTER, SIDEWALK, AND MISCELLANEOUS PAD INSTALLATION

WHEREAS, the City Council of the City of Bloomington is the official governing body

of the City of Bloomington, Minnesota; and

WHEREAS, the City of Bloomington solicited bids for Concrete: Curb, Gutter,

Sidewalk, and Miscellaneous Pad Installation; and

WHEREAS, the City will award the bids based on the lowest responsible bidder; and

WHEREAS, bids were received, opened, and tabulated according to the law, and on the

following bids were received complying with the advertisement:

WHEREAS, it appears that Create Construction LLC, is the lowest responsible bidder.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF BLOOMINGTON, MINNESOTA, that the

1. The Mayor and City Manager are hereby authorized and directed to enter into a

contract with Create Construction LLC., of Maple Grove, Minnesota, in the name of

the City of Bloomington for the Concrete: Curb, Gutter, Sidewalk, and Miscellaneous

Pad Installation project in the amount of $141,760.00 plus a contingency of 5%.

Contractor Bid Bond Bid Amount Bid Amount

(to be Awarded)

Create Construction LLC 5 % $141,760.00 $141,760.00

Ron Kassa Construction 5 % $155,600.00

DK Concrete LLC 5 % $221,500.00

JL Theis, Inc. 5 % $270,885.00

93

2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the

deposits made with their bids, except that the deposits of the successful bidder and the

next lowest bidder shall be retained until a contract has been signed.

BE IT FURTHER RESOLVED that the Mayor, City Manager, and City staff are hereby

authorized and directed to take all necessary and expedient steps in furtherance of the intent of

this Resolution.

Passed and adopted this 20th day of April, 2020.

_______________________________________Mayor

ATTEST:

___________________________________Secretary to the Council

94

Request for Council Action

Originator Planning

Item Preliminary and Final Plat - 2915 Overlook Drive

Agenda Section CONSENT BUSINESS

Date April 20, 2020

Requested Action:

The Planning Commission and staff recommend approval using the following motions:

Motion by __________, seconded by _________ to waive the sidewalk construction requirement alongOverlook Drive for the final plat for LA TEAM.

Motion by __________, seconded by _________ , to approve the preliminary plat and adopt Resolution no.2020-____ approving the final plat for LA TEAM.

Item created by: Michael Centinario, Planning Item presented by: Michael Centinario, Planner Description:

Type III preliminary and final plat to subdivide one lot into three lots.

Attachments:

Overlook Staff ReportResolution - TEAM LA PlatProject DescriptionPreliminary PlatFinal Plat

95

Tree PlanPublic CommentDRC Minutes and Comment SummaryAffidavit of PublicationNotification Map

96

CITY OF BLOOMINGTON MINNESOTA

CASE PL2020-38

REQUEST FOR COUNCIL ACTION

PAGE 1 of 7

Report to the City Council Planning Division/Engineering Division

04/20/2020

GENERAL INFORMATION

Applicant: Aspen Lending, LLC (owner)

ATD Construction LLC (applicant)

Bloomington Redevelopment Co. (applicant)

Location: 2915 Overlook Drive

Request: Type III preliminary and final plat to subdivide one lot into

three lots

Existing Land Use and Zoning: Single Family; zoned R-1(FH)(BP-1) Single-family

residential (Flood Hazard)(Bluff Protection)

Surrounding Land Use and Zoning: North – Single-family residential; zoned R-1

East and West – Single Family Residential; zoned R-1, R-

1(BP-1), and R-1(FH) and R-1(FH)(BP-1)

South – Minnesota River Valley

Comprehensive Plan Designation: Low Density Residential and Conservation

CHRONOLOGY

Planning Commission 04/09/2020 – Recommended City Council approve the

preliminary plat and adopt a resolution approving the final

plat for LA Team.

City Council 04/20/2020 – Consent Agenda item.

DEADLINE FOR AGENCY ACTION

Application Date: 03/04/2020

60 Days: 05/03/2020

Extension Letter Mailed: Yes

120 Days: 07/02/2020

Applicable Deadline: 07/02/2020 (Extended by City)

Newspaper Notification: Confirmed – (03/26/2020 Sun Current – 10 day notice)

Direct Mail Notification: Confirmed – (500 buffer – 10 day notice)

97

CITY OF BLOOMINGTON MINNESOTA

CASE PL2020-38

REQUEST FOR COUNCIL ACTION

PAGE 2 of 7

Report to the City Council Planning Division/Engineering Division

04/20/2020

STAFF CONTACT

Mike Centinario, Planner

Phone: (952) 563-8921

E-mail: mcentinario@BloomingtonMN.gov

PROPOSAL

The applicants request approval of a Type III preliminary and final plat to subdivide an existing

single-family property into three lots to create two lots for new residential development. The

property, 2915 Overlook Drive, is a 5.6-acre unplatted property. The existing house would remain,

but the existing driveway access to Overlook Drive would be removed and a new driveway installed

connected to the Overlook Circle cul-de-sac to the east. Overlook Circle’s right-of-way immediately

abuts 2915 Overlook Drive.

The new lots are proposed along the Overlook Drive frontage. The west lot, Lot 2, would be a

detached single-family home. The applicants’ intent is to construct a two-family home on Lot 1 and

once constructed, subdivide the two-family dwelling lot. A two-family home requires a separate

administrative final site and building plans approval and a Type I preliminary and final plat to

create the zero lot line subdivision.

No development is proposed within the Bluff Protection Overlay District or on steep slopes.

ANALYSIS

Code Compliance

The property is zoned R-1 Single-Family Residential and is subject to the minimum dimensional

standards of the R-1 Zoning District. The proposed plat has been analyzed for Code-compliance

based on these and other City Code performance standards. Table 1 and the following sections

provide that analysis.

To mitigate the potential impact of new residential developments in mature single-family

neighborhoods, the City Code includes “median site width” and “prevailing setback requirements.”

Median site width, or median lot width, is intended to help new residential development blend in

with the neighborhood. The lot width in mature residential neighborhoods is often significantly

wider than the 80-foot City Code minimum in the R-1 District. Median lot width standards require

lot width to meet or exceed 80 percent of the median site width of existing lots wholly or partially

located within 500 feet of the perimeter of the proposed subdivision measured along existing or

proposed public street. For the subject property, the minimum lot width is 97 feet.

98

CITY OF BLOOMINGTON MINNESOTA

CASE PL2020-38

REQUEST FOR COUNCIL ACTION

PAGE 3 of 7

Report to the City Council Planning Division/Engineering Division

04/20/2020

The prevailing setback is the average minimum setback of each single-family dwelling on directly

abutting sites along the same street segment. However, in no case may the required setback be more

than 65 feet. As the development plan is finalized, staff would review building permit plans for

compliance with prevailing setback standards.

Table 1: City Code Analysis

Standard Code Requirement Proposed Compliance

Site area 11,000 sq. ft.

Lot 1 – 19,798 sq. ft.

Lot 2 – 18,750 sq. ft.

Lot 3 – 159,699 sq. ft.

Yes

Minimum lot width 97 ft. 121.5 ft. Yes

Building setback

along Overlook Drive

65 ft. maximum

requirement 65 ft. Yes

Building setback

along Overlook

Circle

30 ft. 65.5 ft. Yes

Building rear yard

setback 30 ft. 31.85 ft. Yes

Impervious surface

coverage

35 percent for

single-family; 45

percent for two-

family with

approved stormwater

management plan

Lots 1 and 2 –

Unknown lot

coverage;

Lot 3 – Less than 10

percent

Impervious surface

standard to be

confirmed through

administrative site plan

review for the two-

family dwelling and

building permit review

for the single-family

dwelling.

Platting Requirements

As part of standard platting process, there are a number of requirements as specified in Chapter 22

of the City Code. Standard platting requirements that apply to this subdivision include:

Drainage and Utility Easements – Standard easements for drainage and utility purposes must

be provided. The plat as submitted includes the required easements, which meet the

minimum dimensional standards.

Sidewalk/Bikeway Easement – A 10-foot sidewalk/bikeway easement must be provided

along Overlook Drive.

Park Dedication – The City Code (Section 22.10) requires that all development contribute to

the City’s parks system through either a land dedication or fee payment in lieu of land

dedication. The proposed subdivision includes three lots, but a credit is given for the

existing home. The park dedication for the two new lots is $11,400.

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CITY OF BLOOMINGTON MINNESOTA

CASE PL2020-38

REQUEST FOR COUNCIL ACTION

PAGE 4 of 7

Report to the City Council Planning Division/Engineering Division

04/20/2020

In addition, standard patting conditions are added requesting a title opinion or commitment and a

consent to plat from any mortgage company with property interest.

Tree Preservation

All new residential subdivisions are subject to tree preservation standards in Section 19.53. Outside

of the Bluff Protection Area, a property owner may remove up to 50 percent of the total caliper

inches of significant trees before reforestation is required. A portion of significant trees would be

removed to accommodate new residential development, but a preliminary Tree Preservation Plan

identified 37 percent significant tree caliper inch removal. A condition of approval requires that,

prior to the removal of any significant tree, additional detail on tree removals relative to future

construction be provided and approved by City staff. Given the number of trees on the property, the

Tree Preservation Plan will likely evolve as house designs are developed.

Sidewalks

The City Code generally requires sidewalks to be constructed when new development occurs. There

are exceptions, however, for residential subdivisions. Below is the relevant City Code text from

Section 21.301.04(b).

(1) Public sidewalks. All new development or significant redevelopment must construct public

sidewalks and provide sidewalk easements conforming to the standards of this section and

approved by the city parallel and adjacent to any public street abutting the development site and

where otherwise specified on the sidewalk plan of the city or through condition of approval. The

following exceptions apply.

(B) Residential subdivisions. The City Council has the authority to waive the streetside

public sidewalk requirement for single- and two-family residential subdivisions where the

proposed sidewalks would not connect with an existing network of sidewalks, although a

sidewalk easement, petition and waiver of assessment hearing for potential future

construction must be provided despite the waiver.

City staff believe waiving the construction of sidewalk is appropriate for this particular site for the

following reasons:

- There is no existing sidewalk network in the neighborhood. Overlook Drive and nearby

local streets do not have sidewalk. The nearest sidewalk is located to the west at Xerxes

Avenue.

- The property has significant tree cover along Overlook Drive. If a sidewalk was constructed

per the City’s standard, the treeline along Overlook Drive would be removed. Numerous

significant trees would be lost.

- This section of Overlook Drive is scheduled to be reconstructed in 2020. While curb and

gutter are included in the reconstruction design, the addition of sidewalk is not. Depending

on the underlying soils and sub-base condition, the Pavement Management Program for a

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REQUEST FOR COUNCIL ACTION

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04/20/2020

fully reconstructed roadway can last 40-60 years before needing to be reconstructed; there is

no foreseeable timeline where the City would construct sidewalk at the neighborhood level.

Recommended conditions of approval are included to address the sidewalk easement and petition

and waiver of assessment hearing for future construction requirements noted in Section

21.301.04(b)(1)(B).

Utilities

The proposed lots are served by both City sanitary sewer and water service. New sewer and water

services must be provided to each new lot. A private common utility easement/agreement must be

provided prior to filing of the plat. A Sewer Availability Charge (SAC) determination from the

Metropolitan Council must be obtained prior to the issuance of a building permit for the newly

created lots.

Traffic Analysis

No significant impacts to the adjacent traffic patterns due to this proposed subdivision have been

identified. Overlook Drive and Overlook Circle are relatively low volume roadways that have

adequate capacity to serve the proposed development.

Status of Enforcement Orders

There are open enforcement orders for the property due to improper tree removal within the Bluff

Protection Overlay District. Tree removal below the 800 foot contour is prohibited without City

Forester approval. The applicant has submitted a tree reforestation plan to the City Forester, which

has been reviewed and approved. Trees have been planted and staff will monitor the conditions as

spring progresses to ensure the trees are alive and the slope is stable. Staff recommends a condition

of approval to not release the proposed plat for recording until the reforestation plan has been

implemented as verified through an inspection by the City Forester.

FINDINGS

Required Preliminary Plat Findings - Section 22.05(d)(1-8):

Required Finding Finding Outcome/Discussion

(1) The plat is not in conflict with the

Comprehensive Plan

Finding made – The plat is not in conflict with the

Comprehensive Plan’s Low Density Residential

Designation. The proposed lots meet City Code

requirements.

(2) The plat is not in conflict with any

adopted District Plan for the area

Finding made – The proposed plat is not located in an

area that is subject to a District Plan.

(3) The plat is not in conflict with City Finding made – The proposed plat is not in conflict with

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Code provisions provisions of the City Code, subject to City Council

waiver of sidewalk requirements along Overlook Drive.

(4) The plat does not conflict with

existing easements

Finding made – There are no known easements in

conflict with the plat.

(5) There is adequate public

infrastructure to support the

additional development potential

created by the plat

Finding made – There is adequate public infrastructure

to support the development intended for the lots created

by the plat.

(6) The plat design mitigates potential

negative impacts on the

environment, including but not

limited to topography; steep slopes;

trees; vegetation; naturally

occurring lakes, ponds, rivers, and

streams; susceptibility of the site to

erosion, sedimentation or flooding;

drainage; and stormwater storage

needs

Finding made – The plat will establish new drainage and

utility easements. The proposed development plan will

be required to manage erosion, stormwater, and mitigate

any potential negative impacts on the environment. The

new residential development does not impact nearby

environmentally sensitive areas of steep topography.

(7) The plat will not be detrimental to

the public health, safety and welfare

Finding made – The plat would subdivide an existing

unplatted lot into three lots to facilitate residential

redevelopment. The redevelopment will not be

detrimental to the public health, safety, or general

welfare.

(8) The plat is not in conflict with an

approved development plan or plat.

Finding made – The proposed plat would facilitate

construction of the proposed development on site and is

not in conflict with the proposed development.

Required Final Plat Findings – Section 22.06(d)(1):

Required Finding Finding Outcome/Discussion

(1) The plat is not in conflict with the

approved preliminary plat or

preliminary plat findings

Finding made – With one minor technical modification

to the preliminary plat, where a lot line is erroneously

depicted for a future zero-lot-line duplex, the final plat

is consistent with the preliminary plat and preliminary

plat findings.

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RECOMMENDATION

The Planning Commission and staff recommend approval using the following motions:

In Case PL2020-38, I move to waive the sidewalk construction requirement along Overlook Drive

for the final plat for LA TEAM.

In Case PL2020-38, having been able to make the required findings, I move to approve the

preliminary plat and adopt a resolution approving the final plat for LA TEAM, subject to the

conditions and Code requirements attached to the staff report.

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RECOMMENDED CONDITIONS OF APPROVAL

Case PL2020-38

Project Description: Preliminary and final plat to subdivide 2915 Overlook Drive into three lots

Address: 2915 OVERLOOK DR

The following conditions of approval are arranged according to when they must be satisfied. In addition

to conditions of approval, the use and improvements must also comply with all applicable local, state,

and federal codes. Codes to which the applicant should pay particular attention are included below.

1. Prior to Recording A title opinion or title commitment that accurately reflects the state of

title of the property being platted, dated within six months of

requesting City signatures, must be provided.

2. Prior to Recording A consent to plat from any mortgage company with property interest

must be provided

3. Prior to Recording Vacation of existing drainage and utility easement is recommended

upon the dedication of new drainage and utility easements on the new

plat.

4. Prior to Recording A 10-foot foot sidewalk easement must be provided by document

along Overlook Drive as approved by the City Engineer and proof of

filing must be provided to the Manager of Building and Inspection.

5. Prior to Recording Park dedication must be satisfied.

6. Prior to Recording The reforestation plan associated with enforcement orders must be

implemented and inspected by the City Forester.

7. Prior to Recording Prior to the removal of any significant tree, a tree preservation plan

pursuant to Section 19.53 must be approved by the issuing authority.

Tree preservation is required for two years from the date of plat

recording.

8. Prior to Recording Lot boundaries must be consistent between the preliminary and final

plat.

9. Prior to Permit Sewer Availability Charges (SAC) must be satisfied.

10. Prior to C/O A petition and waiver for the construction of sidewalk along Overlook

Drive must be submitted and accepted by the City Council.

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RESOLUTION No. 2020 -_____

A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF TEAM LA WHEREAS, the City Council of the City of Bloomington is the official governing body of the City of Bloomington, Minnesota; and WHEREAS, Aspen Lending, LLC, applicant and property owner, have made application for plat approval of “TEAM LA”; and WHEREAS, the subject property is legally described as:

That part of Government Lot 2, Section 29, Township 27, North Range 24 West of the 4th Principle Meridian, described as all of Lot 26, and that part of Lots 24 and 25, Riverview Gardens, Hennepin County, MINN. (now vacated) lying Northeasterly of a line bearing South 21 Degrees, 47 Minutes 10 Seconds East, from a point in the Northerly line of said Lot 24, distant 240 feet Westerly, measured along the Northerly line of said Lots 24, 25 and 26, from the most Northerly corner of said Lot 26. ALSO the Southerly one-half of Overlook Drive adjoining the above described property; and WHEREAS, the City Council has adopted subdivision regulations for the orderly, economic, and

safe development of land within the City; and

WHEREAS, the plat of “TEAM LA” has been submitted in the manner required for platting of land under the Bloomington City Code and all proceedings have been duly held thereunder; and

WHEREAS, the plat is consistent with the Comprehensive Plan and the regulations and

requirements of the laws of the State of Minnesota; and WHEREAS, the Planning Commission has reviewed the plat at a duly called Public Hearing and recommends approval; and WHEREAS, the City Council has considered the application for a subdivision plat of TEAM LA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bloomington hereby approves the subdivision plat of TEAM LA, subject to the attached Conditions of Approval (Exhibit A). This resolution will expire two years from the date of adoption. If the aforesaid subdivision plat is not recorded with the appropriate offices of Hennepin County within two years, a new application will be required for subdivision approval by the City of Bloomington. Passed and adopted this ____ day of April, 2020. Mayor ATTEST: Secretary to the Council

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EXHIBIT A

CONDITIONS OF APPROVAL – TEAM LA

1. Prior to Recording A title opinion or title commitment that accurately reflects the state

of title of the property being platted, dated within six months of requesting City signatures, must be provided.

2. Prior to Recording A consent to plat from any mortgage company with property interest must be provided

3. Prior to Recording Vacation of existing drainage and utility easement is recommended upon the dedication of new drainage and utility easements on the new plat.

4. Prior to Recording A 10-foot sidewalk easement must be provided along Overlook Drive as approved by the City Engineer and proof of filing must be provided to the Manager of Building and Inspection.

5. Prior to Recording Park dedication must be satisfied. 6. Prior to Recording The reforestation plan associated with enforcement orders must be

implemented and inspected by the City Forester. 7. Prior to Recording Prior to the removal of any significant tree, a tree preservation plan

pursuant to Section 19.53 must be approved by the issuing authority. Tree preservation is required for two years from the date of plat recording.

8. Prior to Recording Lot boundaries must be consistent between the preliminary and final plat.

9. Prior to Permit Sewer Availability Charges (SAC) must be satisfied.

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Andrew Dibble

2915 Overlook Dr

Bloomington, MN 55431

(612) 385-0009

City of Bloomington

Planning Division

1800 W Old Shakopee Rd

Bloomington, MN 55431 3/4/2020

RE: Redevelopment Proposal for 2915 Overlook Dr, Bloomington, MN 55431

PID: 29-027-24-13-0004

To whom it concerns:

Property owner seeks to subdivide and improve a portion of a lot that is currently unimproved. The proposal is construction of one two-family dwelling that rests on a zero-lot line and one Single Family Home. The twin home structure will be a single story with an unfinished basement. The structures will front face to Overlook Drive and will be a single level with an egress in the lower level for future finishing. The single family home structure is TBD.

Impervious surface area not to exceed a maximum 45% of lot area. Lots to be platted.

A tree preservation plan has been created and is attached to the application

Any existing wells will be abandoned; a well locate/certification is yet to be completed.

The properties will be marketed for sale as 3 separate homes without an association. The proposal seeks to maintain the aesthetic values of the neighborhood without over-improvement. It also will focus on attainable pricing yet offering modern finishes at a grade above builder-grade. Each unit will have a separate drive in asphalt, the front-facing will have LP siding. Buyers will have the option to add a deck or patio in the back yard and/or fencing on the backyard perimeter. After subdivision, each lot will meet the minimum site size requirements of 7,500 square feet and all proper setbacks will be met as to not require a variance.

Please contact me as other information is needed, and thank you,

Andrew Dibble

andrewtdibble@gmail.com

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2915 Overlook Dr Legal Description

That part of Government Lot 2, Section 29, Township 27, North Range 24 West of the 4th Principle

Meridian, described as all of Lot 26, and that part of Lots 24 and 25, Riverview Gardens, Hennepin

County, MINN. (now vacated) lying Northeasterly of a line bearing South 21 Degrees, 47 Minutes 10

Seconds East, from a point in the Northerly line of said Lot 24, distant 240 feet Westerly, measured

along the Northerly line of said Lots 24, 25 and 26, from the most Northerly corner of said Lot 26. ALSO

the Southerly one-half of Overlook Drive adjoining the above described property.

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From: Eleanor Horner Sent: Wednesday, March 25, 2020 2:00 PMTo: Centinario, MichaelSubject: 2915 Overlook Dr.

Dear Mike,

I received your note about plans for 2915 Overlook. My husband and I recently purchased the home across from the lot (2930). I don't know if our feedback is a factor in the approval of splitting the lot but we'll offer our two cents.

Splitting the one lot into three lots would be okay with us if it was going to be for single family residences but I understand from Dibble it'll be dual condos, therefore increasing the density and construction.

We have been living across from the renovated property for a total of two years, and that is two years of construction traffic and noise interfering with our quiet enjoyment of the neighborhood so we're less than thrilled. I have already shared my point of view with Dibble and his partner when they asked and shared their plans.

Thanks for listening.

Sincerely, Eleanor Horner & Michael Alan Brich

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From: Dave wineberg Sent: Saturday, April 4, 2020 12:06 PMTo: Centinario, MichaelSubject: PL202000038

Okay with me.....It can only help the tax cause 

Dave Wineberg....2821 W.112TH ST. 

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From: Sandy Stooke Sent: Sunday, April 5, 2020 8:14 PMTo: Centinario, MichaelCc: Sandy StookeSubject: Case file #PL202-38 property address 2915 Overlook Drive

Good evening Mike,

I have reviewed the city website with regards to the materials presented for the subdivision of 2915 Overlook Drive. I understand there is an upcoming hearing on April 9, 2020 in reference to this application.

I am writing to express my concerns about the resulting density of that parcel if the application is approved as is, with a duplex and an additional single family home. I walk extensively in this entire neighborhood and am not aware of any duplex properties. This is a dangerous precedent to establish in this neighborhood of larger lots sizes and I am not in favor of the final plat as presented.

I would support 2 additional single family homes that reflect the existing neighborhood.

Thank you,

Sandra Stooke 2815 Overlook Drive

Sent from Yahoo Mail for iPad

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From: Rod Blesener Sent: Monday, April 6, 2020 2:10 PMTo: Centinario, MichaelSubject: Case File Number PL202000038 Comments

Dear Mike, I have comments regarding Case File Number PL202000038 2915 Overlook Drive - Preliminary and Final Plat. On behalf of my wife and myself, residing at 2810 Overlook Drive I would like to strongly object to any idea of putting a duplex or any other type of multi-family dwelling on the proposed 2 lots. We feel very strongly that the character of our neighborhood does not lend itlsef to a multi-family dwelling.

Sincerely, ------------------------------------------------ Rod and Janelle Blesener ------------------------------------------------

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From: Dennis Maiello Sent: Thursday, April 9, 2020 2:27 PMTo: Centinario, MichaelSubject: PL202-38 Public Hearing Comments

In regard to the proposal put forth by Andrew Dibble for 2915 Overlook Drive:

My primary concern is the effect this development will have on Overlook Drive's appearance and aesthetic quality. The current setbacks average about 120 feet giving the community an open feel. The proposed development is maintaining the maximum enforceable setback of 65 feet, well below the average in the neighborhood, also forcing minimum back yard depth as a deterrent to growing families. Couple that with the effective lot width, with respect to the number of dwellings being proposed (original proposal), we will have three houses packed in a total street frontage width of 230 feet, and we end up with an isolated area with high density housing along the street. This does not blend well with the existing fabric of the Overlook neighborhood.

My second concern is that this final proposal does not include the plans to further sub-divide for the duplex intended. This plan allows for the two new lots only without explicit disclosure for the future sub-dividing. It is my understanding that the approval for the zero lot line division and the allowance for the duplex will be approved by a closed process in the planning department without further public hearings. It only seems fair that the entire plan be presented at once for a public review and open hearings.

Therefore I strongly object to the proposed plat at 2915 Overlook Drive.

Sincerely,

Dennis Maiello Home Owner 3010 Overlook Drive

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PL202000038

2915 Overlook Drive - Preliminary and Final Plat

2915 OVERLOOK DR

Preliminary and final plat to subdivide 2915 Overlook Drive into three lots

Application Type Preliminary Plat - Type III; Final Plat — Type III

Steve Furlong, AndrewDibble

Steve FurlongAndrew Dibble

119

DRC PL202000038

120

DRC PL202000038

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PL2020- 38

2915 OVERLOOK DR Preliminary

and final plat to subdivide 2915 Overlook Drive into three lots

122

PL2020- 38

123

PL2020- 38 AndrewDibble and Aspen Lending

LLC for a type III preliminary andfinal plat to subdivide one lot lo- cated at 2915 Overlook Drive into

three lots.

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125

Request for Council Action

Originator Community Development

Item Resolution for Transit Oriented Development (TOD) Grant Application -Bloomington Central Station

Agenda Section CONSENT BUSINESS

Date April 20, 2020

Requested Action:

Motion by __________, seconded by ________ to adopt Resolution No. 2020- _______ authorizingsubmission of the grant application and execution of a grant agreement with Hennepin CountyHousing and Redevelopment Authority for Transit Oriented Development grant funds for theBloomington Central Station office project.

Item created by: Rebecca Schindler, Community Development Item presented by: Becky Schindler, Economic Development Analyst Description:

The City Council is requested to approve the resolution authorizing the Transit Oriented Development (TOD)grant fund application to the Hennepin County Housing and Redevelopment Authority. The City applied for TODfunds for lighting, landscaping, sidewalks/trails, streetscaping, and public bike infrastructure to accommodatethe Bloomington Central Station (BCS) office project. If grant funds are awarded, the resolution authorizes theMayor and City Manager to enter into a grant agreement with Hennepin County for those funds. The funds areused on a reimbursement basis for public improvements related to the project. BCS is proposing to construct a350,000 to 400,000 square foot office building, located on the west side of the TOD development.

The City’s Legal Department will review and approve the Grant Agreement prior to the City executing thedocument.

Attachments:

Resolution for TOD grant funds for Bloomington Central Station

126

RESOLUTION NO. 2020-

A RESOLUTION APPROVING THE APPLICATION FOR TRANSIT ORIENTED DEVELOPMENT GRANT FUNDS FOR DEVELOPMENT OF

THE BLOOMINGTON CENTRAL STATION PROJECT AND AUTHORIZING CONTRACT SIGNATURE

WHEREAS, the City Council of the City of Bloomington is the official governing body of the City of Bloomington, Minnesota (“City”); and

WHEREAS, Transit Oriented Development (TOD) grant funds would be used for public infrastructure improvements for development of the Bloomington Central Station office projectlocated at 8100 31st Avenue South in the South Loop District;

WHEREAS, the City, if awarded the TOD grant funds, shall enter into a Grant Agreement with Hennepin County; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City, in accordance with Minnesota Statues § 383B.77, subd. 3., supports the Transit Oriented Development grant application submitted to the Hennepin County Housing and Redevelopment Authority, by the City of Bloomington for the Bloomington Central Station project.

BE IT FURTHER RESOLVED that the City of Bloomington act as the legal sponsor for projects contained in the Transit Oriented Development Program, and that Tim Busse (City of Bloomington Mayor) and James Verbrugge (City of Bloomington City Manager) are hereby authorized to receive a Hennepin County award for funding of this project on behalf of the City of Bloomington.

BE IT FURTHER RESOLVED that the City of Bloomington has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capacity to ensure adequate project administration.

BE IT FURTHER RESOLVED that the City of Bloomington has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that the Mayor and the City Manager, and their successors, are hereby authorized to execute such related agreements as are necessary to implement the project on behalf of the City.

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PASSED and adopted this 20th day of April, 2020.

Mayor

ATTEST:

Secretary

128

Request for Council Action

Originator Human Resources

Item Approval of 2020 Collective Bargaining Agreement with IAFF MetroPolice & Fire Dispatchers, Local 4689

Agenda Section CONSENT BUSINESS

Date April 20, 2020

Requested Action:

Motion by ___________, seconded by ____________ to authorize the appropriate officials to enter into a 2020labor agreement with IAFF Metro Police & Fire Dispatchers, Local 4689.

Item created by: Kris Wilson, Human Resources Item presented by: Kris Wilson, Assistant City Manager Description:

The City has reached an agreement with IAFF Metro Police & Fire Dispatchers, Local 4689 for a labor agreementcovering calendar year 2020. IAFF represents the City's civilian police and fire dispatchers, of which there arecurrently 10 employees. This is the third of the City's five labor agreements to come before the Council for approval. The two laboragreements settled earlier this year each had a two-year duration, however in light of the economic uncertaintyresulting from the current COVID-19 pandemic, the City has reached an agreement for just one-year with thisbargaining unit. The key components of the negotiated agreement include:

A wage increase of 3.5% to the starting pay for dispatchers, plus some restructuring of the pay range,including the addition of a 15 year step, in return for greater flexibility for the City to hire candidates withdispatch experience at a wage rate above the first step. These changes to the wage scale are warrantedbased on market comparisons and internal equity considerations. The resulting wage scale for 2020 has astarting pay of $28.46 per hour and a top pay of $36.00 per hour after 15 years of service.A City contribution toward health insurance which matches that provided to non-union employees for2020. One additional "floating" holiday per calendar year to bring the Dispatchers' total holidays equal to that ofthe Police Officers and Police Supervisors.A $5.00 increase to the pay provided when an experienced dispatcher trains in a new dispatcher, bringingthe total to $40.00 per shift.A change to the timing and rules regarding the buy-back of unused compensatory time in order to bettercomply with IRS rules regarding "constructive receipt" and an increase in the allowable bank ofcompensatory time from 80 hours to 120 hours.

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130

Request for Council Action

Originator Human Resources

Item Amendment to 2020 Non-Union Compensation Plan

Agenda Section CONSENT BUSINESS

Date April 20, 2020

Requested Action:

Motion by ____________________, seconded by _____________ to approve the attached 2020 CompensationPlan for Full-Time, Non-Union Employees of the City of Bloomington, as amended.

Item created by: Kris Wilson, Human Resources Item presented by: Kris Wilson, Assistant City Manager Description:

The City is currently working to fill a vacancy in the position of Purchasing Agent. This Finance Departmentposition oversees and administers the City's purchasing policies and programs and ensures the procurement ofprofessional and construction services as well as inventory and supplies required by various departments inaccordance with all applicable federal, state and local laws, policies and procedures. The Purchasing Agentsupervises one Purchasing Specialist and together the two positions make up the City's entire purchasing staff.A recent posting of the position at its current salary range yielded an unsatisfactory applicant pool, causing staffto revisit both the job description and the salary range. As a result, staff is recommending moving the position toGrade 9 of the Non-Union Compensation Plan.

Salary Data:

Bloomingon's Current Salary Range $67,014 - $89,341Bloomingon's Proposed Salary Range $73,474 - $97,952 Comparable Positions Agency 2020 Pay RangeAnoka $59,363 - $88,213Duluth $77,759 - $94,867Minneapolis HRA $74,957 - $96,412Stearns County $70,450 - $103,396Scott County $66,574 -$104,022 131

Attachments:

2020 NonUnion Compensation Plan AMENDED for April 20 Council Approval.pdf

132

2020 COMPENSATION PLAN FOR FULL-TIME, NON-UNION EMPLOYEES OF THE CITY OF BLOOMINGTON, MN Effective December 28, 2019

INTRODUCTION Full-time, non-union employees of the City of Bloomington shall be paid in accordance with the following schedules, effective December 28, 2019. In each of the established Pay Grades, the starting pay is 75% of the maximum pay. For positions in Grade 1-13, six pay steps have been defined, each reflecting a 3% increase over the previous step. ADMINISTRATION For positions in Grades 1-13, the general practice of the City shall be to place newly hired or promoted employees at Step 1 of the pay grade to which their position is assigned, unless market conditions or the qualifications of the candidate warrant a higher starting pay. A starting pay higher than Step 6 of the pay grade shall be awarded only in limited circumstances and with the approval of the City Manager. Employees shall generally advance to the next step of the Pay Grade annually, on the anniversary of their hire or promotion to the position, so long as the employee is found to be exhibiting acceptable job performance. A scheduled step increase may be withheld when the Department Head and Human Resources Manager are in concurrence that an employee has not exhibited acceptable job performance over the course of the past year. In limited circumstances, the City Manager may authorize advancement to the next step of the Pay Grade sooner than one year, when he or she finds it to be in the best interests of the City to do so. At the beginning of each fiscal year, employees who have reached Step 6 of the Pay Grade to which their position has been assigned, and who have

been compensated at that rate for at least six months, may be considered for a performance-based pay increase. Performance-based increases shall be awarded based on the recommendation of the employee’s supervisor, concurrence of the Department Head and final approval of the City Manager. No employee shall be entitled to a performance-based increase. No employee shall be awarded a performance-based increase that would place them above the maximum wage or salary established for the grade. For positions in Grades 14 – 17, the general practice of the City shall be to hire or promote employees at a starting salary that is between the minimum and midpoint of the assigned salary range. However, in limited circumstances and with the approval of the City Manager, an employee may be hired at or promoted to a starting salary that is above the midpoint of the range. Employees in positions assigned to Grades 14-17 may be considered for a salary adjustment annually, on the anniversary date of their hire or promotion to the position, until reaching the midpoint of the range. Upon reaching or exceeding the midpoint of the range, employees may be considered for a performance-based pay increase annually, corresponding with the City’s fiscal year. Performance-based increases shall be awarded based on the recommendation of the employee’s supervisor, concurrence of the Department Head and final approval of the City Manager. No employee shall be entitled to a performance-based increase. No employee shall be paid a base salary that exceeds the maximum of the established salary range for his or her position.

133

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MAX

GRADE 1 $22.99 $23.68 $24.39 $25.12 $25.87 $26.65 $30.65Motor Vehicle Licensing Assistant $47,816 $49,251 $50,728 $52,250 $53,817 $55,432 $63,747Office AssistantParts Room Attendant

GRADE 2 $24.71 $25.46 $26.22 $27.01 $27.82 $28.65 $32.95Maintenance Worker $51,405 $52,947 $54,535 $56,171 $57,856 $59,592 $68,531

GRADE 3 $26.45 $27.24 $28.06 $28.90 $29.77 $30.66 $35.26Accounting Assistant $55,011 $56,661 $58,361 $60,112 $61,915 $63,773 $73,339Assessment AssistantLicensing SpecialistOffice Support SpecialistPayroll SpecialistPolice Records SpecialistPrint Shop CoordinatorProperty Control SpecialistPurchasing SpecialistRecords Specialist

GRADE 4 $28.46 $29.31 $30.19 $31.10 $32.03 $32.99 $37.94Utility Operator $59,192 $60,967 $62,796 $64,680 $66,621 $68,619 $78,912

GRADE 5 $29.78 $30.67 $31.59 $32.54 $33.51 $34.52 $39.70Administrative Assistant $61,937 $63,795 $65,709 $67,680 $69,710 $71,802 $82,572Community Development Project AssistantContracts CoordinatorData SpecialistEngineering Technician

2020 COMPENSATION PLANFOR FULL-TIME, NON-UNION EMPLOYEES

CITY OF BLOOMINGTON, MN

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STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MAX

GRADE 5 (continued) $29.78 $30.67 $31.59 $32.54 $33.51 $34.52 $39.70Fleet Specialist $61,937 $63,795 $65,709 $67,680 $69,710 $71,802 $82,572GIS TechnicianLead Licensing SpecialistLead Police Records SpecialistLegal Administrative AssistantSenior Utility Operator

GRADE 6 $30.68 $31.60 $32.55 $33.53 $34.53 $35.57 $40.91*Community Development Project Coordinator $63,821 $65,735 $67,707 $69,739 $71,831 $73,986 $85,083Crime Prevention Coordinator*Crime Victim LiaisonDeputy City Clerk - AdministrationDesktop Support SpecialistFire Apparatus Technician*Office CoordinatorParalegalPolice Data CoordinatorRadio Communications TechnicianUtility Service Specialist

GRADE 7 $32.22 $33.18 $34.18 $35.21 $36.26 $37.35 $42.95*Assistant Golf Maintenance Superintendent $67,014 $69,025 $71,096 $73,228 $75,425 $77,688 $89,341Communications Specialist*Computer SpecialistFirefighter / Fire Inspector 1*GIS SpecialistGraphics Production SpecialistLaboratory Analyst*Public Works Project Coordinator*Purchasing AgentSenior Production Specialist*Sustainability CoordinatorVideo Production Specialist 135

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MAX

GRADE 8 $34.15 $35.18 $36.23 $37.32 $38.44 $39.59 $45.53*Auditor $71,033 $73,164 $75,359 $77,620 $79,949 $82,347 $94,699*Community Outreach & Engagement Coordinator*Crime Analyst*Customer Billing SupervisorDesktop Administrator*Deputy City Clerk - Licensing*Deputy City Clerk - RecordsDispatch SupervisorFirefighter / Fire Inspector II*Ice Garden Maintenance Superintendent*Motor Vehicle Supervisor*Office SupervisorRecreation CoordinatorSenior Engineering TechnicianWater Resources Specialist*Web Coordinator

GRADE 9 $35.32 $36.38 $37.48 $38.60 $39.76 $40.95 $47.09*Accountant $73,474 $75,678 $77,948 $80,287 $82,695 $85,176 $97,952*Assistant Golf Manager*Assistant Ice Garden Manager*Golf Course Maintenance Superintendent*IT Systems Administrator I*Public Health Nurse*Public Health Specialist*Purchasing Agent*Recreation SupervisorUtility Controls & Instrumentation Technician

* Positions in Grades 1-9 that are preceded by an asterisk (*), as well as all positions in Grades 10-17, are exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA).

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STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MAX

GRADE 10 $79,101 $81,474 $83,918 $86,436 $89,029 $91,700 $105,455Applications Administrator (IT)Arts Center ManagerCreekside Community Center ManagerCustomer Service SupervisorDatabase Administrator (IT)Facilities Maintenance SupervisorFleet Maintenance SupervisorHuman Resources RepresentativeInfrastructure Systems AnalystIT Systems Administrator IIPark Maintenance SupervisorPublic Health Nurse CoordinatorStreet Maintenance SupervisorTraffic Maintenance SupervisorUtilities SupervisorWater Quality Supervisor

GRADE 11 $84,598 $87,136 $89,750 $92,442 $95,216 $98,072 $112,783Assistant Finance ManagerCivil EngineerDirector of Creative PlacemakingIce Garden ManagerIT Systems EngineerNetwork Engineer Professional Land SurveyorRacial Equity CoordinatorRecreation Manager

GRADE 12 $87,648 $90,277 $92,986 $95,775 $98,649 $101,608 $116,849Building & Inspections SupervisorCommercial Appraisal SupervisorEnvironmental Health SupervisorGolf Course Manager 137

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MAX

GRADE 12 (continued) $87,648 $90,277 $92,986 $95,775 $98,649 $101,608 $116,849HRA Program ManagerPublic Health Program ManagerResidential Appraisal SupervisorSenior PlannerSpecial Projects & Initiatives Manager

GRADE 13 $92,906 $95,694 $98,564 $101,521 $104,567 $107,704 $123,860Assistant Director of Parks & Park ProjectsAssistant Maintenance SuperintendentAssistant Public Health AdministratorAssistant Utilities SuperintendentBudget ManagerDeputy Fire ChiefFleet ManagerRisk & Litigation Manager

GRADE 14City ClerkCivilian Services ManagerCommunications AdministratorCommunity Outreach & Engagement ManagerInformation Technology SupervisorSenior Civil Engineer Traffic & Transportation EngineerWater Resources Manager

PAY RANGE

$98,481 - $131,291

138

GRADE 15Assistant Fire ChiefBuilding & Inspection ManagerCity AssessorDeputy Director of Parks & RecreationDeputy Director of Public WorksEnvironmental Health ManagerFinance ManagerHRA AdministratorHuman Resources ManagerMaintenance SuperintendentPlanning ManagerPort Authority AdministratorPublic Health AdministratorUtilities Superintendent

GRADE 16City EngineerDeputy City AttorneyDeputy Police Chief

GRADE 17Assistant City ManagerChief Financial OfficerChief Information OfficerChief of PoliceCity AttorneyDirector of Community DevelopmentDirector of Community ServicesDirector of Parks & RecreationDirector of Public WorksFire Chief

$119,256 - $158,988

$142,318 - $189,733

PAY RANGE

$108,309 - $144,394

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Section 2: 2020 COMPENSATION PLAN FOR FULL-TIME, NON-UNION EMPLOYEES OF THE CITY OF BLOOMINGTON, MN PUBLIC WORKS MAINTENANCE DIVISION

Starting Wage 6 months 18 months 5 years 10 years

Range Step 1 Step 2 Step 3 Step 4 Step 5

GRADE S300 $25.27 $26.53 $27.86 $28.70 $29.56 Maintenance Worker $52,562 $55,182 $57,949 $59,696 $61,485

GRADE S400 $27.11 $28.47 $29.89 $30.79 $31.71 Equipment Operator I $56,389 $59,218 $62,171 $64,043 $65,957 Parkkeeper I

Service Technician I

Traffic Technician I

*

Starting Wage 1 Year 3 Years 5 Years Performance-Based

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7

GRADE S800 $26.05 $27.87 $29.82 $31.91 $32.87 $33.85 $34.87 Equipment Operator $54,184 $57,970 $62,026 $66,373 $68,370 $70,408 $72,530 Parkkeeper Service Technician Traffic Technician

GRADE S850 $29.97 $32.07 $34.31 $36.71 $37.81 $38.94 $40.11 Fleet Technician $62,338 $66.71 $71,365 $76,357 $78,645 $80,995 $83,429

GRADE S900 $34.54 $36.96 $39.55 $42.32 $43.59 $44.90 $46.25 Signal / Instrumentation Technician $71,843 $76,877 $82,264 $88,026 $90,667 $93,392 $96,200

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“Step 6” Current employees of the Public Works Maintenance Division who were assigned to “Step 6” of the 2017 compensation plan as of December 1, 2017, shall continue to be paid an hourly wage equal to their 2019 wage plus 3.0% for calendar year 2020. Such “out of range” pay shall be provided only to those employees assigned to “Step 6” as of December 1, 2017 and shall be provided for the duration of the employee’s service in the listed classification.

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Section 3 EXTRA DUTY PAY The City Manager is authorized to award up to $3,000 per month in additional compensation for any employee who is performing assigned duties and responsibilities which are in addition to the regular duties of the employee’s position. The additional compensation shall continue for such length of time as the City Manager shall determine. Section 4 LUMP SUM PAYMENTS The City may also reward non-union employees who demonstrate excellent work performance by granting lump sum payments. A lump sum payment is a one-time payment of not more than 5% of the employee's annual base wage or salary. A lump sum incentive payment is not a base salary adjustment to be considered for future increases. Lump sum awards shall be dependent on the availability of funds, the recommendation of the Department Head, and the discretion and approval of the City Manager. Section 5 EXCEPTIONAL SERVICE PAY Section 5.1 Policy The City of Bloomington encourages its employees to excel in the performance of their job duties and to enhance the City's quality of service. Individual or group efforts that improve customer service, promote efficiency, and minimize costs are to be commended. The City may grant additional pay for demonstrated exceptional service. Regular employees who are not represented by a bargaining unit and have completed their initial probationary period may be eligible to receive exceptional service pay. Certain performance criteria are a requisite as well as recommendations of the employee's supervisors and the Department Head and approval of the City Manager. Section 5.2 Performance Criteria

A. Effort--The effort of work exceed expectations. The work produced a positive, significant effect for the City. The product or service provided clearly demonstrates an extra effort put forth by the employee.

B. Consistency--The effort required is of sufficient duration and the exceptional service is consistently applied to customers, residents and/or

employees. C. Quality--The product or service produced is of the highest quality. D. Quantity--The amount of work produced clearly exceeds expectations. E. Originality--The product or service is creative or innovative. 142

F. Cost saving/revenue generating--The product or service will create a substantial cost saving or revenue generating effect for the City. G. Efficiency--Efficiency of City operations is measurably enhanced by the employee's work.

To qualify for Exceptional Service Pay the employee(s) must meet each of the criteria A, B and C plus one of the additional criteria: D, E, F or G. Section 5.3 Approval Procedure Requests for exceptional service pay may be made by the employee, another City employee, or supervisor. The written request should detail the achievement of the performance criteria, and then be sent to the employee's supervisor. The employee's supervisor will comment in writing on the merits of the request and forward it to the respective Department Head. The Department Head will comment on the request and notify the employee(s). The Department Head may forward the report to a committee of all City Department Heads. If sent to the committee, the request will be reviewed and reported to the City Manager with or without recommendations. The City Manager has the sole authority to grant exceptional service pay. The Manager may accept the recommendation, and approve the request, deny the request, or take action on the request, modifying it to serve the best interests of the City. The Manager's decision shall be in writing. The employee's Department Head will notify the employee of the Manager's decision. Section 5.4 Payment Exceptional service pay is a one-time payment in an amount not to exceed $2,000. No employee shall receive more than $4,000 in exceptional service pay per calendar year. Section 5.5 Report The City Manager shall file with the City Council each year before the time set for the adoption of the annual budget a report of his or her action in exercising authority for Exceptional Service Pay.

143

Request for Council Action

Originator Mayor's Office

Item Meeting Minutes City Council - Approval

Agenda Section CONSENT BUSINESS

Date April 20, 2020

Requested Action:

Motion by __________, seconded by __________ to approve the attached City Council meeting minutes aspresented.

Item created by: Denise Christenson, Mayor's Office Item presented by: Denise Christenson, Mayor's Office Description:

Attached are the City Council meeting minutes from the April 6, 2020 regular business meeting for approval.

Attachments:

4.6.20m first draft.docx

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Page 1 of 8 3/2/2020

City Council MeetingUNAPPROVED MINUTES

Regular City Council MeetingMonday, April 6, 2020

Bloomington Civic Plaza1800 W. Old Shakopee Road

Council Chambers/WebExBloomington, MN 55431

1. GREETING TO COUNCIL Greeting to Council was not played tonight.

2. CALL TO ORDER – 7:00pm Mayor Busse called the meeting to order at 7:00pm. Explained that only he, City Manager Jamie Verbrugge, and Assistant City Manager Kris Wilson are present in the Council Chambers. All Councilmembers, City Attorney Melissa Manderschied, Council Secretary Denise Christenson, and members of staff are present via WebEx.

Official Council attendance and all votes were taken via roll call:

Present: Councilmembers J. Baloga, J. Carter, N. Coulter, D. Lowman, P. Martin, S. Nelson

3. PLEDGE OF ALLEGIANCE Mayor Busse led the audience in the pledge of allegiance to the flag.

4. APPROVAL OF AGENDA Some members of the public may be tuned in this evening because they are interested in the city-initiated ordinances related to recreational vehicles, taprooms, and food trucks. These items have been moved to a future city council agenda due to the Governor’s Stay At Home order. The public will be notified through the City’s usual means of notification for those future public hearings. With regard to tonight’s published agenda, I have consulted with the City Manager and City Staff, and based on their recommendations, I (Mayor Busse) move to amend the published City Council agenda for tonight (a) to open and hold open the public hearing listed on the agenda for item number 8.9 related to City Code Amendments and Rezoning for Bluff Standards until 7pm on Monday, June 1, 2020; (b) and to open and hold open the public hearing listed on the agenda for item number 8.12 related to Community Development Block Grant Action Plan and Consolidated Plan until 7pm on Monday, April 20, 2020; and (c) to authorize and direct the City Manager to extend any applicable agency request response deadlines to the maximum extent permitted by Minnesota Statutes, Section 15.99 and provide written notice of the same to each applicant. Seconded by Baloga. Motion carried 7-0.

5. INTRODUCTORY

5.1 COVID-19 Organization and Public Health Update

City Manager Verbrugge gave an update and provided clarification on the purpose of the Bloomington Emergency Declaration extension.

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Assistant Public Health Administrator Dr. Nick Kelley presented the item and provided best safety practices around COVID-19. Provided more context on the decision around allowing playground equipment to be able to be used.

Verbrugge mentioned that pickleball courts have been closed as of today until further notice due to the overuse and group use of the courts.

Verbrugge said the annual resident survey that is usually out in May will be delayed until later this year so any impacts of the pandemic can be taken into consideration and gather additional feedback from residents.

Verbrugge stated that Bloomington’s Emergency Declaration extension allows the City to move more quickly and provides the Mayor additional authority during times of crisis. Said it does not have a local stay-at-home order authority, or allow for the closure of businesses other than City-regulated businesses. The reason for pushing this to June 30th was, in understanding how the virus is playing out, and not knowing how long this condition is in place, the City wanted to avoid having to come back every two weeks to update. If things play out in a positive manner, the Mayor has the authority to rescind the emergency declaration end date. Provided updates on City of Bloomington staffing, procedures, furloughs, code enforcements, and Parks and Recreation activities. Spoke on the financial impacts Bloomington is expected to see as a result of the pandemic.

Kelley spoke on the decision to move forward with Curbside Cleanup and the potential exposure risk. Verbrugge added the haulers were in agreement that they could complete this program in a safe way.

Verbrugge spoke to what things are being done to help with small businesses in Bloomington.

5.2 Public Health Week Proclamation

Mayor Busse read the Public Health Week proclamation.

5.3 Volunteer Recognition Week proclamation

Mayor Busse read the Volunteer Recognition Week proclamation.

6. CONSENT BUSINESS

6.1 Resolution to Accept Donations

Motion by Nelson, seconded by Baloga to adopt Resolution No. 2020-41 to accept donations as listed. Motion carried 7-0.

6.2 Rehbein Agricultural Services – Spent Lime Removal - Approve Amendment

Motion by Nelson, seconded by Martin to approve to first amendment of the contract with Rehbein Agricultural Services by extending the term to July 31, 2021 for the excavation, removal, and land application of spent lime from the City’s holding ponds. Motion carried 7-0.

6.3 Sourcewell Membership Agreement

Motion by Nelson, seconded by Martin to approve Sourcewell Membership Agreement. Motion carried 7-0.

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6.4 The Alliance, Inc. DBA ALLiiANCE - Approve Amendment

Motion by Nelson, seconded by Martin to approve the Agreement Amendment with The Alliance Inc. DBA ALLiiANCE to extend the contract by an additional 2 years. Motion carried 7-0.

6.5 Award PMP Street Maintenance Project Contract (2020-102)

Motion by Nelson, seconded by Martin to award the contract for the 2020-102 PMP Street Maintenance Project to Bituminous Roadways, Inc. in the amount of $4,755,446.96 and approve various contract changes up to 5% of the original contract amount ($237,772.35) for a total project construction authorization of $4,993,219.31. Motion carried 7-0.

6.6 Award Bridge Preservation Project Consultant Contract (2021-802)

Motion by Nelson, seconded by Martin to award the Bridge Preservation Project Consultant Contract (2021-802) to Kimley Horn and Associates, Inc. Motion carried 7-0.

6.7 Authorize Entry Into Statewide Public Works Mutual Aid Pact

Motion by Nelson, seconded by Martin to adopt Resolution No. 2020-42 authorizing entry into a statewide public works mutual aid pact. Motion carried 7-0.

6.8 Memorandum of Understanding (Termination of Current and Approval of New) -CornerHouse Interagency Agreement

Motion by Nelson, seconded by Martin to terminate the current Interagency Agreement - Memorandum of Understanding with CornerHouse and approve a new Agreement - MOU. Motion carried 7-0.

6.9 Resolution to Temporarily Suspend Imposition of Late Fees for Utility Bills

Motion by Nelson, seconded by Carter to adopt Resolution No. 2020-43 to temporarily suspend imposition of late fees for utility bills. Motion carried 7-0.

6.10 2020 Legislative Policy Modification

Motion by Nelson, seconded by Martin to adopt the revised 2020 Legislative Policy, removing the bonding request for the Bloomington Center for the Arts and adding priorities related to the COVID-19 pandemic. Motion carried 7-0.

6.11 Amendment to the 2020City Council Calendar

Motion by Nelson, seconded by Martin to adopt Resolution No. 2020-44 to amend the 2020 City Council calendar. Motion carried 7-0.

6.12 Minutes Approval Motion by Nelson, seconded by Martin to approve the attached City Council meeting minutes as presented. Motion carried 7-0.

7. PUBLIC COMMENT PERIOD

7.1 Response to PriorMeeting's Public Comments

Mayor Busse spoke on the emails received regarding the desire to move forward with rank choice voting; resident interest in closing playgrounds and basketball courts; the resident desire to eliminate park response team; and the stay at home order.

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7.2 Public Comment Period Testimony and comments for tonight’s meeting were allowed by sending an email to admincm@bloomingtonmn.gov, by leaving a voicemail at 952-563-4695, or by requesting a unique participant ID at councilmeeting@bloomingtonmn.gov to participate live during the public hearing for that agenda item. To ensure City staff had adequate time to disseminate emails or voicemails, responses were accepteduntil noon on April 6, 2020. This request was communicated through e-subscribe, posted on the City of Bloomington website, posted on Civic Plaza doors, and was listed on the agenda listing page for this meeting.

8. HEARINGS, RESOLUTIONS, AND ORDINANCES

8.1 Extension of Local Emergency to June 30, 2020

City Attorney Melissa Manderschied provided an overview and explained the process for determining the need for the extension.

Mayor Busse reiterated that this extension can be rescinded sooner than June 30, 2020 if conditions improve in such a way that it becomes safe to do so.

Motion by Lowman, seconded by Carter to close the public hearing. Motion carried 7-0.

Motion by Lowman, seconded Carter to adopt Ordinance 2020-8 extending the local emergency until June 30, 2020. Motion carried 7-0.

Motion by Baloga, seconded Lowman to adopt Resolution 2020-45 authorizing summary publication of Ordinance Nos. 2020-7 and 2020-8. Motion carried 7-0.

8.2 New On-Sale Intoxicating Liquor License Application – Embassy Suites

Motion by Martin, seconded by Carter to close the public hearing. Motion carried 7-0.

Motion by Martin, seconded by Baloga to approve the on-sale intoxicating liquor license for Bloomington Hospitality Manager LLC, doing business as Embassy Suites Bloomington, MN. Motion carried 7-0.

8.3 New On-Sale Intoxicating Liquor License Application – Cadillac Ranch

Motion by Coulter, seconded by Baloga to close the public hearing. Motion carried 7-0.

Motion by Coulter, seconded by Baloga to approve the on-sale intoxicating liquor license for CR Bloomington MOA, LLC, doing business as, Cadillac Ranch. Motion carried 7-0.

8.4 New Therapeutic Massage Enterprise License – Dynamic Rolfing

Motion by Carter, seconded by Martin to close the public hearing. Motion carried 7-0.

Motion by Carter, seconded by Lowman to approve the therapeutic massage 148

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enterprise license for Dynamic Rolfing, LLC, doing business as, Dynamic Rolfing. Motion carried 7-0.

8.5 New Therapeutic Massage Enterprise License Application – New Dragon

Motion by Martin, seconded by Carter to close the public hearing. Motion carried 7-0.

Motion by Martin, seconded by Baloga to approve the therapeutic massage enterprise license for Double Liu A Inc., doing business as, New Dragon. Motion carried 7-0.

8.6 Vacation of Public Drainage, Utility, Sidewalk, and Bikeway Easements located at 8050 Morgan Circle (PL201900219)

Motion by Lowman, seconded by Nelson to close the public hearing. Motion carried 7-0.

Motion by Lowman, seconded by Baloga to approve the vacation of public drainage, utility, sidewalk, and bikeway easements within HAYS PENN AVENUE ADDITION, lying within Lot 1, Block 2, PENN AMERICAN ADDITION, Lot 2, Block 1, HAYS PENN AVENUE 4TH ADDITION, and Lot 1, Block 2, PENN AMERICAN ADDITION is recommended with the adoption Ordinance no. 2020-9 approving the vacation of said easements. Motion carried 7-0.

8.7 Park N Fly Development -3700 American Blvd. E.

City Planner Michael Centinario presented the item.

Kristin Muir spoke on the development and the focus on the surface lot.

Nelson said he’d like to see the ability to have an owner-occupied option in future phases of the development.

Julie Kimball, development consultant representing the owner: Thanked Centinario and City staff for their work on this project. Spoke on the amenities and additional details on the project.

Bill Griffith, Legal Counsel, spoke on the development being a multi-phase project, part of a large master plan with great partnership.

Motion by Carter, seconded by Lowman to close the public hearing. Motion carried 7-0.

Motion by Baloga, seconded by Lowman to approve a major revision to preliminary development plans for a multi-phase planned development at 3700 and 3750 American Boulevard E. and final development plans to convert a portion of the Park 'N Fly remote airport parking facility into a six-story, 183-unit apartment building located at 3700 American Blvd. E., subject to the conditions and Code requirements attached to the staff report. Motion carried 7-0.

In Case PL2020-28, having been able to make the required findings, motion by Baloga, seconded by Carter to approve the preliminary plat and adopt Resolution no. 2020-46 approving the final plat for ROSA ADDITION, subject to the conditions 149

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and Code requirements attached to the staff report. Motion carried 7-0.

In Case PL2020-28, having been able to make the required findings, motion by Baloga, seconded by Nelson to adopt Resolution no. 2020-47 approving a platting variance to defer park dedication fees for future development phases to the time of building permit issuance of those phases. Motion carried 7-0.

8.8 SkyWater Sanitary Sewer Project (City Project 2020-503)

Public Works Director Karl Keel presented the item.

Motion by Lowman, seconded by Coulter to adopt Resolution No. 2020-48 accepting the special assessment and waiver agreement for the SkyWater Sanitary Sewer Project (City Project 2020-503). Motion carried 7-0.

Motion by Lowman, seconded by Baloga to adopt Resolution No. 2020-49approving plans and specifications for the Skywater Sanitary Sewer Project (City Project 2020-503). Motion carried 7-0.

8.9 City Code Amendments and Rezoning - Bluff Standards

Given the high level of public interest in this item and a desire to ensure the public can safely offer public testimony, staff recommended continuing this item to the June 1, 2020 City Council meeting. Due to COVID-19, the Lower Minnesota River Watershed District (LMRWD) staff intend to support a 2 month extension for cities to come into compliance with the new LMRWD standards, and will bring this request to its Board of Managers at its April 15th meeting. The current deadline for cities to come into compliance with the new standards is May 1st, and the extension would allow until July 1st.

Per item 4 on this agenda, the agenda was amended to open and hold open the public hearing listed item number 8.9 until 7pm on Monday, June 1, 2020.

8.10 Ordinance related to Access for Census Workers to Residential Housing

Community Outreach Manager Melissa Wurst-Persaud and City Planner Shawn James presented the item.

Motion by Carter, seconded by Lowman to close the public hearing. Motion carried 7-0.

Motion by Carter, seconded by Martin to adopt Ordinance No. 2020-10 amending Chapter 12 of the City Code related to access to residential housing structures by United States Census Bureau employees. Motion carried 7-0.

Motion by Carter, seconded by Martin to adopt Resolution No. 2020-50 authorizing summary publication of the ordinance included in the packet amending Chapter 12 of the City Code. Motion carried 7-0.

8.11 Type II Preliminary and Final Plat of U-HAUL 2ND ADDITION (PL202000047)

Public Works Director Karl Keel presented the item.

Assistant City Manager Kris Wilson mentioned the comment that was made by 150

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Victoria Hoogheem in opposition to the addition.

ISG Project Manager Ryan Anderson was present to answer questions.

Baloga suggested having a moratorium to study self-storage in Bloomington and the surrounding communities. Verbrugge suggested bringing that up under the Council policy issues update item.

Motion by Carter, seconded by Martin to close the public hearing. Motion carried 7-0.

Motion by Martin, seconded by Baloga to approve the preliminary plat and adopt Resolution No. 2020-51 granting approval of the final plat of U-HAUL 2ND ADDITION located at 8901 Lyndale Avenue South and 515 Halsey Lane subject to the completion of the attached conditions, receipt of title, necessary documents and deposits, and review of all documents by the City Attorney. Motion carried 7-0.

8.12 Approve 2020-2021 Community Development Block Grant (CDBG) Action Plan and 2020-2024 CDBG Consolidated Plan

This item was continued to the April 20, 2020 City Council meeting, per the approval of the agenda, item number 4 above.

9. ORGANIZATIONAL BUSINESS

9.1 Residential Solid Waste Collection Resolution Authorizing Terms for Renewal

Public Works Director Karl Keel presented the item.

Councilmembers asked questions and had extensive discussion on the terms of the renewal. Keel responded to the questions.

Baloga said he would not approve terms and conditions that haven’t been reviewed, signed, and returned to the City so he will not support this item.

Lowman expressed his concerns and said he cannot support this as it’s laid out.

Coulter said that if we’ve exhausted the best options, this will need to be the option that we move forward with.

Carter said she approves of moving forward with a contract.

Motion by Busse, seconded by Martin to adopt Resolution no. 2020-52 authorizing terms for renewal of an amended and restated agreement with the Bloomington Haulers, LLC for residential solid waste collection within the City of Bloomington and authorizing the Mayor and City Manager to execute the agreement. Motion carried 4-3, opposed by Baloga, Lowman, and Nelson.

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9.2 City Council Policy & Issue Update

Mayor Busse thanked staff for their work to make tonight’s meeting happen successfully.

Coulter asked what the status is of a possible Charter amendment for rank choice voting. And what if any requirements there are for Charter Commission to be involved in the process of a Charter amendment being put on the ballot by City Council. Suggested having staff look for creative ways to support the community.

City Manager Verbrugge said rank choice voting was going to be on the Charter Commission’s agenda in March but that meeting was cancelled. It will be on the agenda for the Charter Commission’s May 7th annual meeting. In the event the item was placed on the ballot, supporters would like six months for public education and information. Staff has concern with the City’s ability to provide the level of education and information necessary with such little amount of time.

Regarding the process for putting something on the ballot, Council can put an item on the ballot but would require unanimous vote to do so.

Baloga said he would like to have a self-storage moratorium item on a future study meeting agenda with a high sense of urgency. Carter seconded. Council agreed.

Carter mentioned rank choice voting as an option for safely voting during times of a pandemic.

10. ADJOURNMENT Motion by Baloga, seconded by Lowman to adjourn the meeting. Motion carried 7-0.

Mayor Busse adjourned the meeting at 11:20pm.

Denise ChristensonCouncil Secretary

152

Request for Council Action

Originator City Manager's Office

Item Response to Prior Meeting's Public Comments

Agenda Section PUBLIC COMMENT PERIOD

Date April 20, 2020

Requested Action:

Item created by: Denise Christenson, City Manager's Office Item presented by: Jamie Verbrugge, City Manager Description:

D

153

Request for Council Action

Originator Mayor's Office

Item Public Comment Period

Agenda Section PUBLIC COMMENT PERIOD

Date April 20, 2020

Requested Action:

Mayor Busse to open the public comment period

Item created by: Denise Christenson, Mayor's Office Item presented by: Tim Busse, Mayor Description:

D

154

Request for Council Action

Originator Finance

Item 2020-2029 Capital Improvement Plan (CIP) Approval

Agenda Section HEARINGS, RESOLUTIONS, ANDORDINANCES

Date April 20, 2020

Requested Action:

Motion by __________, seconded by ________ to adopt Resolution No. 2020-______ approving the City'sCapital Improvement Plan for the years 2020-2029.

Item created by: Briana Eicheldinger, Finance Item presented by: Lori Economy-Scholler, CFO Description:

Staff will present the Combined 10-Year Capital Improvement Plan for the City, HRA and Port Authority for theyears 2020-2029.

The "MEMO April 2020" is attached for review of the details.

Attachments:

Resolution Approving the 2020-2029 CIPMEMO April 2020

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EXTRACT OF MINUTES OF A MEETING OF THECITY COUNCIL OF THE CITY OF BLOOMINGTON

HENNEPIN COUNTY, MINNESOTA

Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Bloomington, Minnesota, was duly held in the Council Chambers at the Bloomington Civic Plaza, 1800 West Old Shakopee Road, in the City of Bloomington and telephonically as permitted by Minnesota Statutes, Section 13D.021, on Monday, April, 20, 2020, commencing at 7:00 p.m.

The following members were present:

and the following were absent:

Council Member _______________ introduced the following written Resolution No. 2020-___ attached hereto, and moved its adoption, the reading of which was dispensed with by unanimous consent. The motion for the adoption of the resolution was duly seconded by Council Member _______________ and upon a vote being taken thereon, the following Council Members voted AYE:

and the following voted NAY:

Passed, adopted, approved and filed this 20th day of April, 2020.

156

RESOLUTION 2020-____

APPROVING THE CAPITAL IMPROVEMENT PLAN OF THE CITY OF BLOOMINGTON DESIGNATED AS THE CAPITAL IMPROVEMENT PLAN, 2020-2029

WHEREAS, the City of Bloomington, a home rule city, municipal corporation, and political subdivision of the State of Minnesota (the “City”) is authorized by Minnesota Statutes, Section 475.521, as amended (the “Capital Improvement Bonds Act”), to issue general obligation capital improvement bonds to finance the acquisition or betterment of public lands, buildings, or other improvements for the purpose of a city hall, town hall, library, public safety facility, or public works facility if the capital improvement has an expected useful life of five years or more; and

WHEREAS, as a condition to the issuance of general obligation capital improvement bonds, the City must adopt a capital improvement plan that covers a ten-year period beginning with the date of its adoption and that is prepared in accordance with the requirements of the Capital Improvement Bonds Act; and

WHEREAS, the City has prepared a capital improvement plan under the provisions of the Capital Improvement Bonds Act which the City has designated as the Combined Ten-Year Capital Improvement Plan, 2020-2029 (the “Capital Improvement Plan”); and

WHEREAS, the Capital Improvement Plan and annual amendments to the Capital Improvement Plan must be approved by the City Council after a public hearing; and

WHEREAS, the Capital Improvement Bonds Act doesn’t specify the time of publication of a notice of public hearing prior to the public hearing required by the Capital Improvement Bonds Act; and

WHEREAS, under the provisions of Minnesota Statutes, Section 331A.05, subdivision 2, unless otherwise specified by law, publication of a notice of a public hearing must be published once not less than seven (7) days and not more than thirty (30) days prior to the date of the public hearing; and

WHEREAS, a notice of public hearing with respect to the Capital Improvement Plan was published in the Bloomington Sun Current, the official newspaper of the City, once on Thursday, April 9, 2020, a date that is at least seven (7) days but not more than thirty (30) days before the date hereof; and

WHEREAS, on the date hereof, the City Council of the City conducted a public hearing regarding its Capital Improvement Plan.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLOOMINGTON, MINNESOTA as follows:

The Capital Improvement Plan is hereby approved.

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Passed and adopted this 20th day of April, 2020.

Mayor

Attest:

Secretary to the Council

(The remainder of this page is intentionally left blank.)

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DATE: April 13, 2020

TO: City Manager, Mayor and City Council

FROM: Lori Economy-Scholler, Chief Financial Officer

RE: Capital Improvement Plan 2020-2029

Background:Throughout the annual budget process long-term financial modeling includes various capital improvements. The Capital Improvement Plan (CIP) document is a planning tool which captures the long term capital needs from all of the financial funds. The “Draft” CIP document is presented to and discussed with Council in January each year. The capital items listed for 2020 within the CIP are rechecked to ensure there is sufficient approved budget at the fund level. In January 2020, the Council requested one major area for improvement within the CIP document: “is how projects are prioritized.” Due to the extensive changes in prioritization of projects, the 2020-2029 CIP will move forward for Council approval without prioritization changes. New prioritization changes will be discussed later in the memo.

Capital Improvement Plan 2020-2029 Status:The Planning Commission reviewed the “Draft” 2020-2029 CIP and passed a resolution on March 19, 2020 stating that the 2020-2029 CIP was in conformance with the Comprehensive Plan.

The following areas of the 2020-2029 CIP were to be revised and are included in the final draft:1. Added:

The Civic Plaza Exterior Doors project was initially planned for 2019 and was not included in the first draft of the 2020-2029 CIP. This project has been added back to the document. CF-18-025.

2. Combined and reanalyzed: BCA Expansion Projects CF-20-007 now includes both “CF-07-016 BCA Storage

Addition” and “CF-09-004 BCA Flyloft Art Renovation.”

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3. Combined and reanalyzed: A new project “CF-20-024 Creekside and Public Health Replacement” was

created. Projects “CF-07-001 Community Center” and “CF-18-039 Public Health Facility – New” were combined and reduced in amount.

4. NOTE: Internally, many of the projects listed in the 2020-2029 CIP for 2020 are on hold due to the unknown economic impact on the City, residents, and businesses in Bloomington due to the COVID 19 pandemic.

Prioritization of Projects:Staff from Administration, Finance, Public Works and Park and Recreation (CIP Team) met several times in February and early March before heavy onset of the COVID19 pandemic to discuss and create improved prioritization matrix. The following are some of the criteria being discussed. There will be a range of scores for each criteria.

1) Extent to which this project addresses City Council goals.2) Extent to which deferring this project will create unsafe conditions and/or cause

noticeable disruptions to level of service.3) Extent to which this project is deemed necessary and important.4) Extent to which this project can be realized within the requested budget and schedule.5) Expected net change in operation and maintenance costs.6) Expected useful life of the project, new facility, or infrastructure improvement, given

various levels of maintenance.7) The source and/or sources of funding. 8) Extent to which this project enhances the quality of life of Bloomington residents.9) Extent to which this project advances racial equity.

a. What are the neighborhood characteristics? b. Who are the people that utilize the improvement, project, and facility and what

their needs?10) Extent to which this project preserves the natural environment, conserves natural

resources, reduces pollution, or otherwise contributes to a sustainable community.11) Extent to which this project increases the city’s tax base, creates jobs, and/or generates

additional tourism/consumer spending.12) Extent to which this project benefits the region and/or links Bloomington facilities to

those of neighboring jurisdictions 13) Additional Questions:

a. Project is required by a State or Federal mandate? b. Project has a current development agreement? c. Project leverages non-city financial resources?d. Does the department have capacity to fulfill annual projects as currently staffed?

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Capital Improvement Plan 2021-2030 Process ChangeThe new process the CIP Team is developing requires:

1) The department submitting the project for the Capital Improvement Plan 2021-2030 will be required to rank each of their projects with the scoring criteria above. If multiple projects receive the same score, the department will be required to prioritize their projects in individual order. Department leadership teams are the most knowledgeable on what each project requires and must balance the competing needs within their department.

2) The departments will provide the listing of the prioritize projects to the CIP Team with the submittal of their 2021 budget requests.

3) The CIP Team will review submittals, discuss projects with departments, determine financial capacity, and will start building the Capital Improvement Plan 2021-2030 in the third and fourth quarters of 2020.

4) Fall 2020, as departmental budgets are discussed with Council, the departmental CIP projects will also be presented.

5) In November a draft Capital Improvement Plan 2021-2030 will be presented to Council.6) By end of November the Planning Commission will be requested to review the document

for compliance with the Comprehensive Plan.7) In December, the Council will be requested to approve the draft Capital Improvement

Plan 2021-2030.

Summary:A. The Capital Improvement Plan for 2020-2029 had a few significant changes as noted

above. The Council is requested to hold a public hearing on the document and then approve it.

B. The CIP Team developed draft new prioritization criteria and an accelerated timeline for the Capital Improvement Plan 2021-2030. The Council is requested to provide comments on the criteria and accelerated timeline to the City Manager by May 15, 2020.

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Request for Council Action

Originator Legal

Item Public Hearing: Ordinance Amending the City Charter Related to City-Organized Collection of Solid Waste and Recycling

Agenda Section HEARINGS, RESOLUTIONS, ANDORDINANCES

Date April 20, 2020

Requested Action:

Motion by _____, seconded by _______ to approve Ordinance No. 2020-__, an Ordinance Requesting VoterApproval to Amend Chapter 12 of the City Charter relating to the Collection of Solid Waste.

Item created by: Melissa Manderschied, Legal Item presented by: Melissa Manderschied, City Attorney Description:

State law dictates the methods to amend the City Charter. Charter amendments may be made by (1) proposalfrom the (a) charter commission or (b) a citizen petition; or (2) by ordinance from the (a) City Council or (b)Charter Commission.

By Resolution No. 2016-62, the Bloomington City Council accepted the City Clerk's certificate of sufficiency of apetition seeking to amend the City Charter by ballot question. In that same Resolution the City Councildetermined that the requested ballot question should be excluded from the ballot because it wasunconstitutional. In February 2020, the Minnesota Supreme Court held that the ballot question was lawful. Assuch, staff will present a resolution to the City Council to approve the ballot question as set forth in that petition:"Unless first approved by a majority of the voters in a state general election, the City shall not replace thecompetitive market in solid waste collection with a system in which solid waste services are provided bygovernment-chosen collectors or in government-designed districts. The adoption of this Charter amendmentshall supersede any ordinances, ordinance amendments, or charter amendments related to solid waste adoptedby the City Council in 2015-2016." This request of the Council to set this ballot language by Resolution("Question 1") will be timed to correspond with the request of the Council to set the ballot language related tothe attached Ordinance Requesting Voter Approval to Amend Chapter 12 of the City Charter relating to theCollection of Solid Waste ("Question 2"). Ballot language approvals for Questions 1 and 2 must be provided tothe County in August 2020.

The attached Ordinance Requesting Voter Approval to Amend Chapter 12 of the City Charter relating to theCollection of Solid Waste is undertaken pursuant to Minnesota Statutes, Section 410.12, subdivision 5, whichallows the city council to propose an amendment of the City Charter by ordinance by sending it to the chartercommission. The charter commission has 60 days to review it (and can extend that time to 90 days if necessary) 162

and then can return the City Council's charter amendment or substitute its own. The City Council then submitsto the voters the Council’s original amendment or the Commission’s substitute amendment. The timeline forsuch action is approximately as follows:

April 2020: City Council proposes amendment to send to Charter CommissionMay-July 2020: Charter Commission reviews City Council’s proposed amendmentJuly/August 2020: ballot language resolution adopted by City CouncilAugust 2020: ballot language sent to County

The Charter Commission will meet the first Thursday in May. If the Ordinance Requesting Voter Approval toAmend Chapter 12 of the City Charter relating to the Collection of Solid Waste is approved today, it will be placedon the Charter Commission agenda for that meeting. The Charter Commission can meet additional times, asneeded.

As mentioned earlier, staff recommend scheduling the approvals of the text of both ballot language questions tothe City Council at the same or closely timed meeting, and after the charter amendment text set forth in theOrdinance Requesting Voter Approval to Amend Chapter 12 of the City Charter relating to the Collection of SolidWaste has been set. Thereafter, ballot question educational materials for both Questions will be produced forthe community. The City's webpage will be maintained with up to date information (seehttps://www.bloomingtonmn.gov/ub/garbage-and-recycling).

Attachments:

Ordinance No. 2020-__Resolution No. 2016-62

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CITY COUNCIL

ORDINANCE NO. 2020- _

AN ORDINANCE REQUESTING VOTER APPROVAL TO AMEND CHAPTER 12 OF THE CITY CHARTER RELATING TO THE COLLECTION OF SOLID WASTE

The City Council of the City of Bloomington, Minnesota does hereby ordain:

Section 1. That Chapter 12 of the City Charter is amended by adding a new section 12.16 to read as follows:

§ 12.16 SOLID WASTE COLLECTION. The council shall not enter into a contract with residential solid waste haulers for the exclusive rights to haul and collect residential solid waste services within the jurisdictional boundaries of the City of Bloomington. Section 2. Effective Date. This Ordinance shall be in full force and effect 30 days from

the date of the 2020 State General Election, so long as 51 percent of the votes cast are in favor of the adoption of the charter amendment set forth in Section 1 of this Ordinance, in accordance with Minnesota Statutes Section 410.12, subdivisions 4 and 5.

Passed and adopted this ____day of _______, 2020.

/s/____ Mayor

ATTEST: /s/_____ Secretary to the Council Approved: /s/ ___________

City Attorney

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166

Request for Council Action

Originator Housing and Redevelopment Authority

Item Public Hearing: Approve 2020-2021 Community Development Block Grant (CDBG)Action Plan and 2020-2024 CDBG Consolidated Plan

Agenda Section HEARINGS, RESOLUTIONS, ANDORDINANCES

Date April 20, 2020

Requested Action:

Motion by ________________ , seconded by_______________ to approve the Community Development Block Grant program 2020Action Plan and Five Year Consolidated Plan for 2020-2024.

Item created by: Bryan Hartman, Housing and Redevelopment Authority Item presented by: Bryan Hartman, HRA Program Manager Description:

The City Council is requested to hold a public hearing to review the 2020-2021 Community Development Block Grant (CDBG) budget andapprove the Action Plan and Five-Year Plan for submission to the Department of Housing and Urban Development (HUD). The activitiesand budget are detailed in the chart below. A summary of the plans for the program that will be submitted to HUD is attached.

The 2020 CDBG Program Year is from July 1, 2020 to June 30, 2021. The FY2020 grant amount of $458,068 is an increase of $11,842 fromthe current year. It is anticipated that the City will receive about $400,000 in income from the repayments of old rehab loans during the2020 fiscal year. The repayment of loans will enable funding of all other activities at their historic levels while still serving 30 or morehouseholds with new rehab loans.

The budget again includes assisting the West Hennepin Affordable Housing Land Trust (WHAHLT) to complete two purchase/rehabprojects within Bloomington during the 2020-2021 program year. Doing business as “Homes Within Reach”, WHAHLT will re-sell thehomes to low/moderate income families when the rehab is completed. The CDBG funds will be used as gap financing to ensure the homeis affordable to the buyer after the rehabilitation. The land trust guarantees long-term affordability of the home by requiring the ownerto re-sell the home in the future to another low/moderate income family.

Please note that the recent legislation passed at the federal level, the third COVID-19 response bill known as the CARES Act, includedadditional funding for CDBG grantees. How and when these funds will be distributed is still to be determined. However, it is anticipatedthat grantees will receive these funds through the established formula process implemented by HUD.

The attached summary and budget chart below detail the proposed activities and funding levels.

Activity 2019Allocation

2018Carryover

2019ProgramIncome(Estimate)

2019 Budget(estimate)

2019Carryover(Estimate)

2020Allocation

2020 ProgramIncome (Estimate)

Total 2020 Budget(Estimate)

Single FamilyRehabilitation 156,226 0 400,000 556,226 100,000 166,0068 400,000 668,068

Lead-Based PaintAbatement 25,000 0 0 25,000 0 25,000 0 25,000

WHAHLT (LandTrust) 150,000 0 0 150,000 0 150,000 0 150,000 167

Trust)HOME (SeniorCommunityServices)

20,000 0 0 20,000 0 20,000 0 20,000

Fair Housing 5,000 0 0 5,000 0 5,000 0 5,000Administration 90,000 0 0 90,000 0 90,000 0 90,000TOTAL 446,226 0 400,000 846,226 0 458,068 400,000 958,068

Attachments:

CDBG Action Plan and Five-Year Plan Summary

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Community Development Block Grant (CDBG) - City of Bloomington 2020 -2024 Five-Year Consolidated Pan and 2020 Action Plan Summary

Introduction

The City of Bloomington will utilize Community Development Block Grant (CDBG) funds to achieve a number of goals that best serve the citizens of Bloomington. The City will use its entitlement funds to achieve the goals/outcomes that are identified within the 2020-2021 Action Plan and the overall goals of the 2020-2024 Consolidated Plan. The City has incorporated performance measures into the 2020-2021 Consolidated and Action Plan to ensure that the Plan is results orientated and that it meets its one and five year goals. The planned activities serve a large number of low/moderate income households. Overall, at least 80 percent of the grant will be expended on activities for low/moderate income households in Bloomington.

Approval Process

The CDBG program requires a new Action Plan every year and a Five-Year Consolidated Plan every five years. The City is a member of a consortium with other entitlement cities (Eden Prairie and Plymouth) and Hennepin County for the CDBG program. The County serves as the lead agency in the development of the Five-Year and annual Action Plan. The County coordinated a robust community outreach effort in developing to assist in developing the plans. The Plans will be available for public comment at public hearings before the City Council and the County Board of Commissioners in April. The approved Plans will then be submitted to the Department of Housing and Urban Development (HUD).

Summary of the objectives and outcomes identified in the Plans

The City will carry out activities that will provide for the preservation of the City's housing stock, provide essential services to seniors, enable three homeownership opportunities to low/moderate income families and to support Fair Housing activities.

The activity to receive the largest amount of funding is the single-family rehabilitation program which serves low/moderate income homeowners with low interest loans to repair/update their homes. The rehabilitation loan program is coupled with the lead-based paint activity to assist in the abatement of lead hazards in pre-1978 homes utilizing CDBG funds. In this way, the City is ensuring that no threats remain to the health of occupants from lead paint. This activity serves low/moderate income households at or below 80% median.

• The goal for this activity is to serve 30 homeowners with rehab loans during the 2020-2021 Program Year. The rehab activity will be funded with approximately $668,068 this year. The final amount will be dependent on carry-over funds from the current year and the amount of re-payments of old loans during the Program Year.

• The lead-based paint abatement activity will be funded with $25,000 for the Program Year. This activity pays for initial and clearance testing of rehab loan recipients’ homes.

The City will provide CDBG funds to Senior Community Service’s (SCS) Household and Maintenance for the Elderly (HOME) Program to provide outside maintenance and home making services to

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Community Development Block Grant (CDBG) - City of Bloomington 2020 -2024 Five-Year Consolidated Pan and 2020 Action Plan Summary

low/moderate income seniors. This is an important service that allows seniors to continue to reside in their homes.

• The goal for this activity is to serve 100 seniors through the HOME program for each of the five years of the Consolidated Plan. HOME will be funded with $20,000 for this year of the Action Plan.

The City will increase funding for a homeownership activity this year by assisting the West Hennepin Affordable Housing Land Trust (WHAHLT) complete two purchase/rehab projects within Bloomington during the 2020-2021 program year. Doing business as “Homes Within Reach”, WHAHLT will resell the homes to low/moderate income families. The CDBG funds will be used as gap financing to assure the home is affordable to the buyer after the rehabilitation. The structure of the land trust guarantees long-term affordability of the home by requiring the owner to resell the home to another low/moderate income family. The land trust retains ownership of the land.

• The goal for this activity is to provide an affordable home-ownership opportunity to two low/moderate income households in Bloomington during the 2020-2021 Program Year for a total of $150,000 in CDBG funds.

Lastly, the City contributes to the metro-wide Fair Housing Implementation Council (FHIC) for Fair Housing Services. The City will allocate funds for the continuation of Fair Housing Services in the suburban metro (including Bloomington). These funds may be used for education and research, housing discrimination testing and enforcement and Fair Housing counseling and clearinghouse activities.

• The goal for this activity is to provide funding of $5,000 to fair housing activities during the 2020-2021 Program Year.

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Request for Council Action

Originator City Manager's Office

Item

Possible Amendments to City Charter

Agenda Section ORGANIZATIONAL BUSINESS

Date April 20, 2020

Requested Action:

The Council is asked to provide direction to staff, in the form of one or more motions, regarding its interest inadvancing two potential charter amendments to the ballot for the November general election – one related toRanked Choice Voting and the other related to control over the City’s parks.

Item created by: Kris Wilson, City Manager's Office Item presented by: Kris Wilson, Assistant City Manager Description:

Charter amendments can be initiated in a number of ways – including through a petition signed by voters, byaction of the Charter Commission, or by action of the City Council. The question here is whether a majority of theCity Council wishes to advance either or both of these potential amendments to the November 2020 ballot. Ifthat is Council’s desire, staff needs clear direction to that effect in order to meet the necessary timelines.

Ranked Choice Voting (RCV)Cities in Minnesota have the option to implement Ranked Choice Voting – for municipal elections only. It cannotbe used in federal, state, county or school board elections. Currently the cities of Minneapolis, St. Paul and St.Louis Park have adopted RCV.

Sometimes referred to as “instant runoff voting” or “preferential voting,” Ranked Choice Voting is a process thatallows voters to rank their choices for each office. First choice votes are counted and if no candidate has amajority of the votes, then the candidate with the least number of first-choice votes is eliminated. Voters whopicked the eliminated candidate as their first choice have their vote counted for their next choice. This process isrepeated until one candidate has a majority.

If the City desires to move to Ranked Choice Voting for the next municipal election – which is scheduled for 2021 171

– it would need to adopt this method of voting via Charter Amendment and some corresponding City Codechanges this year.

The City Council and Charter Commission have had informational presentations and some discussion regardingRanked Choice Voting, but no action has been taken thus far. Recently the City Council has received severalemails from residents urging the City to continue moving forward with Ranked Choice Voting, including tenemails as part of public comment for the April 6 City Council meeting and another eight emails between the April6 Council meeting and the writing of this memo.

The City and its staff members cannot advocate for or against the adoption of any Charter Amendment. However, they can and generally do provide educational materials explaining the proposed amendment andanswering frequently asked question, with the goal of helping voters understand the issue they are being askedto weigh in on. In addition to providing general educational materials regarding Ranked Choice Voting, the Citywould likely need to research and develop protocols for implementing and administering RCV in Bloomington. While State law allows Cities to adopt this voting method, it does not regulate the specifics of how RCV electionsare administered. The Minnesota cities that have already adopted RCV provide some guidance that Bloomingtoncan look to, but in specific ways they have each adopted their own protocols and procedures which means thereis no “industry norm” just yet. Presumably voters considering whether to support a move to RCV would want toknow many of these details about how an RCV election would be administered before casting their vote onwhether or not to adopt it.

While the City relies on hundreds of seasonal election-judges on election days, it has a relatively small staff offull-time employees with expertise in the elections field. There are 3 full-time employees who have substantialelection responsibilities, along with other duties, plus another 3 full-time employees who are trained in acceptingabsentee ballots. These employees are already engaged in the recruitment of election judges for the Augustprimary and November general election. They will soon begin training election judges and testing electionequipment, all while monitoring conversations at the state level related to possible changes to voting proceduresas a result of the COVID-19 pandemic. It is possible that direction or guidance from state and county electionofficials will result in substantial changes to our elections process. If they occur, these are likely to consume timeand resources to implement.

If a Charter Amendment related to Ranked Choice Voting is to be on the November ballot, these same staff willalso need to develop the necessary educational materials for voters and bring implementation options forwardfor Council consideration. Educational materials related to an RCV ballot question would need to be preparedand distributed quickly as voters may begin casting ballots for the November 3 General Election on September18, 2020, due to early voting timelines in Minnesota.

If a majority of the Council supports advancing a proposed Charter Amendment adopting Ranked Choice Votingto the November ballot, an appropriate motion would be:

“I move to direct staff to prepare and bring forward an ordinance requesting voter approval of a Charter 172

Amendment to adopt Ranked Choice Voting for municipal elections in the City of Bloomington.”

Due to public hearing notice requirements, the earliest such an ordinance could be brought forward is the May 18City Council meeting. The Charter Commission is scheduled to meet Thursday, May 7. Therefore, an additionalmeeting of the Charter Commission would need to be called to consider an ordinance acted upon at the Council’sMay 18 meeting.

Alternatively, the Council could direct staff to prepare a letter for the Mayor’s signature that urges the CharterCommission to initiate a charter amendment proposal. The Charter Commission could consider this less formalrequest at their May 7 meeting.

Control Over Parks

During the public comment period of the March 2 City Council meeting, residents Danielle Garbina and NatalieMarose asked the Council to advance a charter amendment reading:

“Unless first approved by a majority of the voters in a state general election, the Council may not propose changesto a park, that are not for park purposes only. The Council may acquire land for park purposes but the citizensshall have full, absolute and exclusive control over all property set aside for park purposes. The adoption of thischarter amendment shall supersede any ordinances related to parks.”

Since the March 2 meeting, staff understands that Council has had additional communication from someresidents advocating for this Charter amendment and some communications that have characterized the requestas something other than a charter amendment. A public comment item on this topic was also received fromresident Andrew Thul for the April 6 meeting.

As noted at the beginning of the memo, amendments to the City Charter can be brought forward by residentpetition, initiated by the Charter Commission, or initiated by the City Council. If a majority of the City Council isin favor of initiating a Charter Amendment that would reserve control of parks to Bloomington citizens, then theCouncil may want to direct staff to prepare an ordinance initiating such a Charter amendment for Councilconsideration at its May 18 meeting. Council direction should include whether it desires the specific languageproposed by residents at the March 2 meeting or a modified version. Staff notes that the language proposed byresidents is open to multiple interpretations and potentially impacts even basic, general maintenance activitiessuch as removal of diseased trees, painting of park buildings or replacement of broken equipment.

Alternatively, the Council could (1) take the less formal route of sending a letter to the Charter Commissionasking them to consider whether the Charter Commission wants to prepare an amendment to the City Charterrelated to parks or (2) Council could direct City staff to pro-actively meet with interested residents on the stepsnecessary to bring forward a proper Charter amendment under other avenues provided in the City Charter. Sucha meeting may also help clarify exactly what it is that residents are trying to achieve and whether there are 173

avenues other than a Charter Amendment for achieving the desired outcome. If a majority of the Council doesnot wish to initiate a Charter amendment on this subject and does not wish to devote staff resources to such aneffort, then a motion documenting that would be desirable.

SummaryGiven the public health emergency currently impacting our community, state and nation, many policy initiativesand special projects are being deferred or postponed to a later date. However, there is a specific timeline thatneeds to be met in order to place items on the ballot for the November 3 election. Therefore, Council is asked toprovide clear direction to staff regarding these two potential Charter amendments.

One final item for Council to consider is whether there is such a thing as too many ballot questions. At this point,staff are recommending two ballot questions related to organized collection. A ballot question on Ranked ChoiceVoting would be a third potential question, and a question related to the park system would be a fourth potentialquestion.

The Council may wish to consider whether there is a downside to having as many as four ballot questions, onthree unique subjects, all on the same ballot – along with the candidates for state and federal offices. Will it bepossible to engage the public in a clear and productive community conversation regarding each of these issues inthe time between now and Election Day, keeping in mind that some voters will cast their General Election ballotas early as September 18 through the early voting process?

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Request for Council Action

Originator Mayor's Office

Item City Council Policy & Issue Update

Agenda Section ORGANIZATIONAL BUSINESS

Date April 20, 2020

Requested Action:

Item created by: Denise Christenson, Mayor's Office Item presented by: Jamie Verbrugge, City Manager Description:

1. Updates to Council by the City Manager

2. Council Issue Identification

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