HomeMy WebLinkAbout2007 08-13 EDAP EDA MEETING
City of Brooklyn Center
August 13, 2007 AGENDA
1. Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority), is
available to the publia The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2. Roll Call
3. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the Economic Development Authority
(EDA) and will be enacted by one motion. There will be no separate discussion of these
items unless a Commissioner so requests, in which event the item will be removed from the
consent agenda and considered at the end of Commission Consideration Items.
a. Approval of Minutes
1. July 23, 2007 Regular Session
4. Commission Consideration Items
a. Resolution Electing Secretary for the Economic Development Authority in and for
the City of Brooklyn Center
•Requested Commission Action:
—Motion to adopt resolution.
b. Resolution Approving Agreement Between the Brooklyn Center Economic
Development Authority and Tetra Tech EM, Inc. Regarding Work to be Performed
Pursuant to Hennepin County Environmental Response Fund Grant Agreement
Contract No. A070885
•Requested Commission Action:
—Motion to adopt resolution.
c. Resolution Authorizing the Executive Director to Write Off Uncollectible Accounts
Receivable
•Requested Commission Action:
—Motion to adopt resolution.
d. Resolution Accepting Bid, Awarding a Contract and Authorizing Easement
Acquisition, Improvement Project No. 2007-15, TIF District 3 Regional Storm Water
Quality Treatment Improvements
•Requested Commission Action:
—Motion to adopt resolution.
5. Adjournment
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
NLY 23, 2007
CITY HALL COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President Tim Willson at 7:34 p.m.
2. ROLL CALL
President Tim Willson and Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were Executive Director/City Manager Curt Boganey, Public Works
Director/City Engineer Todd Blomstrom, Community Development Director Gary Eitel, City
Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and
Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. July 9, 2007 Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION NO. 2007-11 APPROVING ENVIRONMENTAL RESPONSE
FUND GRANT AGREEMENT BETWEEN THE BROOKLYN CENTER
ECONOMIC DEVELOPMENT AUTHORITY DEVELOPMENT AUTHORITY
(EDA) AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL
SERVICES
Executive Director/City Manager Curt Boganey introduced the item, discussed the history, and
stated the purpose of the proposed resolution.
There was discussion on the notification of neighborhood residents of the project proceedings.
Mr. Boganey explained that the proposed testing will be preformed on public property and if
testing is to be performed on private properry, permission will be obtained from those property
owners. He stated the results of the study will be shared with the affected property owners.
07/23/07 -1- DRAFT
Commissioner Lasman moved and Commissioner Ryan seconded adoption of RESOLUTION
NO. 2007-11 Approving Environmental Response Fund Grant Agreement Between the Brooklyn
Center Economic Development Authority Development Authority (EDA) and Hennepin County
Department of Environmental Services.
Motion passed unanimously.
4b. RESOLUTION NO. 2007-12 APPROVING AND AUTHORIZING EXECUTION
OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE ECONOMIC DEVELOPMENT AUTHORITY AND BROOKLYN HOTEL
PARTNERS,LLC
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Commissioner Lasman moved and Commissioner Yelich seconded adoption of RESOLUTION
NO. 2007-12 Approving and Authorizing Execution of an Amendment to the Development
Agreement Between the Economic Development Authority and Brooklyn Hotel Partners, LLC.
Commissioner O'Connor voted against the same. Motion passed.
4c. RESOLUTION NO. 2007-13 APPROVING AND AUTHORIZING EARLY
CONSTRUCTION UNDER DEVELOPMENT AGREEMENT BETWEEN THE
ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF BROOKLYN
CENTER, AND BROOKLYN HOTEL PARTNERS, LLC
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Mr. Boganey indicated that the agreement was drafted by the Economic Development
Authority's Attorney at Briggs and Morgan.
There was discussion on whether the conditions are sufficient to protect the City if a worker was
to be injured on the property while the property is under the ownership of the City of Brooklyn
Center. Mr. Boganey stated the language of the Resolution directs the Executive Director to
ensure that the City is protected.
Commissioner Ryan moved and Commissioner Yelich seconded adoption of RESOLUTION
NO. 2007-13 Approving and Authorizing Early Construction Under Development Agreement
Between the Economic Development Authority, the City of Brooklyn Center, and Brooklyn
Hotel Partners, LLC.
Commissioner O'Connor voted against the same. Motion passed.
5. ADJOURNMENT
07/23/07 -2- DRAFT
Commissioner O'Connor moved and Commissioner Lasman seconded adjournment of the
Economic Development Authority meeting at 7:49 p.m.
Motion passed unanimously.
07/23/07 -3- DRAFT
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Shazon Knutson, Ci Clerk�f��i�/�
tY
DATE: August 6, 2007
SUBJECT: Resolution Electing Secretary for the Economic Development Authority in and
for the Cifiy of Brooklyn Center
Recommendation:
I recommend that the EDA (Economic Development Authority) adopt the Resolution Electing
Secretary for the Economic Development Authority in and for the City of Brooklyn Center.
Background:
At its January 8, 2007, meeting, the EDA adopted Resolution No. 2007-01 Electing Officers for
the Economic Development Authority in and for the City of Brooklyn Center. G. Brad Hoffman
was elected to the office of Secretary, and on July 15, 2007, G. Brad Hoffman retired. Gary Eitel
was appointed Community Development Director on July 23, 2007. A resolution has been
prepared to elect Community Development Director Gary Eitel to the office of Seeretary for the
Economic Development Authority in and for the City of Brooklyn Center.
Budget Issues:
There are no budget issues to consider.
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION ELECTING SECRETARY FOR THE ECONOMIC
DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN
CENTER
WHEREAS, on January 8, 2007, the Economic Development Authority arlopted
Resolution No. 20Q7-01 Electing Officers for the Economic Development Authority in and for the
City of Brooklyn Center; and
WHEREAS, G. Brad Hoffrnan was elected to the office of Secretary and he has
retired from the City of Brooklyn Center.
NOW, THEREFORE, BE TT RFSOLVED by the Economic Development
Authority in and for the City Council of the City of Brooklyn Center, Minnesota, that the
Authority hereby elects Gary Eitel to the office of Secretary to serve through December 31, 2007,
or such later date as his successor is elected and qualified.
Aueust 13. 2007
Date President
The motion for the adoption of the foregoing resolution was duly seconded by cammissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
da
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Tom Bublitz, Community Development Specialist r`
DATE: August 8, 2007
SUBJECT: Resolution Approving Agreement Between the Brooklyn Center Economic
Development Authority Development Authority and Tetra Tech EM, Inc.
Regazding Vt�ork to be Performed Pursuant to Hennepin County Environmental
Response Fund Grant Agreement Contract No. A070885
Recommendation:
Staff recommends approval of the Resolution Approving Agreement Between the Brooklyn
Center Economic Development Authority Development Authority and Tetra Tech EM, Inc.
Regarding Work to be Performed. Pursuant to Hennepin County Environxnental Response Fund
Grant Agreement Contract No. A070885
�ackground:
The Brooklyn Center Economic Development Authority (EDA) has been awarded $144,810 by
the Hennepin County Environmental Response F�nd (ERF) grant program. This amount
represents 100 percent of the EDA's grant request made in May 2Q07. The purpose of the grant
is to conduct an environmental investigation which addresses potential contamination from a
former dry cleaning operation on the EDA owned property at 57�' and I�ogan Avenues North.
An Environmental Response Fund (ERF) Grant Agreement between the Bconomic Development
Authority (EDA) and Hennepin County, relative to the $144,810 ERF grant awazd, was approved
at the July 23, 2007 EDA meeting. The agreement requires that any contractor performing work
for the EDA under the ERF grant agreement must comply with the same terms and conditions
established by the County for the EDA. The resolution included with this memorandum would
approve an agreement between Tetra Tech EM, Inc. and the EDA, which mirrors the terms and
conditions of the ERF agreement between the EDA and Hennepin County. A capy of the
proposed agreement between the EDA and Tetra Tech EM is included with this memorandum.
Tetra Tech was awarded a contract for environmental work as part of an ERF grant project
initially in 2005 and again in 2006. The selection was made on a competitive basis with several
other firms submitting proposals. Given Tetra Tech's performance and familiarity with the
project, staff believes it makes sense to continue using Tetra Tech on what staffbelieves is the
final environmental investigation of the site.
The environmental investigahon will be conducted pursuant to work plans approved by the
Minnesota Pollution Control Agency (MPCA) as part of the EDA's participation in the MPCA's
Voluntary Investigation and C1ean-Up Progra,m (VIC). The focus of the investigation will be
testing for potential off site contamination from the former dry cleaning operation. Previous
investigations done by the EDA's environmental consultant in late 2006 and early 2007 indicated
potential chlorinated solvent (VOC's) contamination in a larger area than indicated in previous
investigations. Figure 2 in the attached Exhibit 2 to the agreement shows the initial suspected
contaminant plume and azeas to the south and east of the initial plume showing high soil vapor
concentrations of chlorinated solvents.
The investigation proposed for the ERF grant includes:
Soil vapor and ground water assessment in the expanded contaminant area.
Sub slab soil vapor sampling to assess any potential contaminant levels under basements
and/or slabs of residential structures.
Indoor air quality sampling of residences in the suspected contaminant area.
Water well receptor survey to assess number of water wells in use (if any) in the
suspected contaminant area.
Final report pr aration and reparation of a Remedial Action Plan if needed.
P
Staff anticipates this will be the last environmental investigation of the site needed to take the
project to conclusion, either through remediation of any contamination or the issuance by the.
MPCA of specific assurances that no further actian is required on the site or surrounding
neighborhood.
The ERF contract between the EDA and the county has been signed by the EDA officers and
returned to Hennepin County for the required county signatures. ERF grant funds cannot be
expended by the EDA until the county has completed obtaining the required signatures. This
process can take from two to three weeks. Anticipated start for the project is early September.
Budget Issues: There are no direct general fund budget issues relative to the ERF grant.
However, ERF funds cannot be spent on public information material or public infomaation
meetings. It is anticipated some level of public commurucation will be a n�essary part of this
investigative process. Any casts related to public information efforts would be paid out of TIF 3'
revenues. Additionally, the ERF grant cannot pay for staff administrative time spent on the
project.
Commissioner introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT BETWEEN THE BROOKLYN
CENTER ECONOMIC DEVELOPMENT AUTHORITY AND TETRA TECH
EM, INC. REGARDING WORK TO BE PERFORMED PURSUANT TO
HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT
AGREEMENT CONTRACT NO. A070885
WHEREAS, the Environmental Response Fund Grant Agreement between the
Brooklyn Center Economic Development Authority (EDA) and Hennepin County Department of
Environmental Services approved by EDA Resolution No. 2007-11 (ERF Agreement) provides
grant funds not to exceed $144,810 to be used for environmental assessment activities relative to
the Logan and 57�' Redevelopment Site in Brooklyn Center; and
WHEREAS, the ERF Agreement between the EDA and Hennepin County
requires that contractors or subcontractors perForming work pursuant to the ERF Agreemeut
must meet certain requirements and obligations described in the ERF Agreement; and
WHEREAS, the EDA believes it is in the best interest of the EDA and City of
Brooklyn Center to retain Tetra Tech EM, Inc. to continue the environmental investigation of the
Logan and 57`� site; and
WHEREAS, an agreement between the EDA and Tetra Tech EM, Inc. ha.s been
prepared and sets forth the obligations of the EDA (grantee) and Contractor relative to the
requirements of the ERF Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority for the City of Brooklyn Center, Minnesota that the agreement between the Brooklyn
Center EDA and Tetra Tech EM, Inc. regazding work to be performed pursuant to Hennepin
County Environmental Response Fund Agreement Contract No. A070885 is hereby approved
and the EDA Executive Director is authorized to execute the agreement on behalf of the EDA.
August 13. 2007
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof
and the following voted against the same:
whereupon said resolution was declazed duly passed and adopted.
'I
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AGREEMENT BETWEEN EDA OF BROOKLYN CENTER AND TETRA TECH EM, INC.
REGARDING WORK TO BE PERFORMED PURSUANT TO HENNEPIN COUNTY
ENVIRONMENTAL GRANT AGREEMENT CONTRACT NO. A070885
This Agreement, made as of the 13th day of August 2007, by and between the
Economic Development Authority of Brooklyn Center, (the "EDA"), and Tetra Tech EM,
Inc. (the "Contractor"),
Whereas, the EDA has entered into an Environmental Response Fund Grant Agreement
(ERF Agreement Contract No. A070885) with the Hennepin County Department of
Environmental Services; and
Whereas, the ERF Agreement specifies that the County shall grant to the EDA a sum
not to exceed $144,810, which funds shall be only for expenses incurred in performing
activities speci�ed in the EDA's Enviro nmental Response Fund Grant Application for
approved assessment activities as may be described in the application and referred to herein as
the "Project"; and
Whereas, the EDA desires to enter into an Agreement with Tetra Tech EM, Inc. for the
performance of work pursuant to the Project.
Now therefore, in consideration of the Premises and the mutual obligation of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I Section l.l REPRESENTATIDNS AND WARRANTIES OF THE
EDA.
1. The EDA is a pubic body corporate and politic and a governmental subdivision of
the State, duly organized and existing under Minnesota Statutes, Sections 469.01-
047 and 469.040-1081 as amended and has the authority to enter into this
Agreement and carry out its obligadons hereunder.
2. The EDA has entered into the Environmental Response Fund Gxant Agreement
with the Hennepin County Department of Environmental Services (ERF
Agrcement) a copy of which is included as E�chibit 1 to this Agreement and which
is hereby made part of this Agreement as if fully set forth herein.
3. The EDA will cany out the provisions and requirements of the ERF Agreement
with regard to its obligations set forth in the ERF Ageement including
participation in the MPCA VIC Program as per the ERF Agreement.
Section 2.2 REPRESENTATIONS OF THE CONTRACTOR. Tetra
Tech (the Contractor) makes the following representations and warranties.
1. The Contractor will undertake the approved assessment activities described in the
Hennepin County ERF Agreement and refened to in the ERF Agreement and this
Page 1
Agreement as "the Project" pwsuant to the Contractor's Work Plan for
O Additional Contamination Assessment Logan and 57`'' Redevelopment Site
included as Exhibit 2 to this Agreement. Contractor agrees to begin the Project
within 15 days after Notice to Proceed is issued by the EDA arxl within the terms
stated herein.
2. The Contractor will keep and provide to the EDA, financial records including
properly executed contraets, invoices, and other documents sufficient to evidence
in proper detail the nature and propriety of the expenditures relative to the Project,
and agrees to comply with the requirements of Section 2 ACCOUNTING AND
RECORDKEEPING, contained in the ERF Agreement.
3. The Contractor agrees to provide completed payment request forms, provided by
Hennepin County, including supporting invoices as described in Section 3
PAYMENT/DISBURSEMENT SCHEDULE, in the ERF Agreement so that the
EDA can submit payment requests to Hennepin County for payments made to the
Contractor, pursuant to this Agreement.
4. The Contractor agrees to provide all necessary information and documentation to
the EDA required by Section 4 REPORTING, of the ERF Agreement.
5. The Contractor and all subcontractors performing work relative to the project will
undertake the work described in the Project in accordance with all local, state and
federal laws and regulations (including but not lunited to, environmental, zoning,
building code, public health laws and regulations and employment and work �lace
safety).
6. The Contractor and all subcontractors performing work relative to the Project shall
comply with applicable federal or state laws, rules or regulations against
discrimination including the provisions of Minnesota Statute Section 181.59,
quoted as follows:
a. "That, in the hiring of common or skilled labor for the performance
of any work under any contract, or any subcontract hereunder, 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 such employment relates;
b. That no contactor, material supplier, or vendor, shall, in any
manner, discriminate against, or intimidate, or prevent the
employment of any person or person 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;
c. That a violation of this section shall be a misdemeanor; and
Page 2
d. That this contract may be canceled or terminated by the state, county,
EDA, or any other person authorized to grant contracts for
employment, and all money due, or to become due under the
contract, may be forfeited for a second of any subsequent vi�lation of
the terms or conditions of this contract."
7. The Contractor hereby aclrnowledges and agrees to the provisions set forth in
Section 6 TERMINATION, CANCELLATION AND ASSIGNMENT of the ERF
Agreement and that if the ERF Agreement is canceled pursuant to Section 6 of the
ERF Agreement, the Contractor agrees that the EDA shall not be responsible for
payment for work performed under this Agreement which is not reimbursed by
Hennepin County, provided Contractor receives timely norification of the ERF
Agreement cancellation from the EDA. Contractor agrees that the EDA's
financial responsibility to Contractor under this agreement will not exceed the
payments made to the EDA by Hennepin County under the ERF Agreement.
8. INDEPENDENT CONTRACTOR
The Contractor shall select the means, method and manner of performing the
acdvities herein. Nothing is intended or should be construed in any manner as
creating or establishing the relationship of co-partners between the parties hereto
as the agent, representative, or employee of the EDA for any purpose or in any
manner whatsoever. The Contractor is to be and shall remain an independent
contractar with respect to all services and activities performed under this
Agreement. Any and all personnel of the Contractor or other personnel while
engaged in the performance of any work or services required by the Contractor
under this Agreexnent shall have no contractual relationship with the EDA, and
shall not be considered employees of the EDA. Any and all claims that may or
might azise under the Minnesota Economic Security Law or the Worker's
Compensation Act of the State of Minnesota on behalf of said personnel, arising
out of employment or alleged employment including without limitation, claims of
discrimination against the Contractor, its officers, agents, contractors, or
employees shall in no way be the responsibiliry of the EDA. The Contractor shall
defend, indemnify and hold harmless the EDA, its officials, officers, agents, and
employees from any and all such claims irrespective of any determivation of any
pertinent tribunal, agency, board, commission or court. Such personnel or other
persons shall neither require nor be entitled to any compensation, rights, or
benefits of any kind whatsoever from the EDA, including, without limitation,
tenure rights, medical and hospital care, sick leave, Worker's Compensat ion,
�Re-employment Compensation, disability, severance pay, and retirement benefits.
9. INDEMNIFICATION
The Contractor shall indemnify and hold harmless the EDA and City of Brooklyn
Center, its elected officials, commissioners, off'icers, agents and/or employees
from and against all claims, damages, loss or expenses, including attorney fees,
for which they may be held liable, azising out of or resulting from the assertion
against them of any claims, debts, or obligations resulting from or azising out of,
Page 3
directly or indirectly, the negligent performance of this Agreement by the
Contractor, the Contractor's employees, agents, contractors, or subcontr actors.
10. INSURANCE
The Contractor agrees at all times during the term of this Areement and beyond
such term when so required, to have and keep or cause to have and be kept in
force, and to cause all contractors and subcontractors to do likewise, the insurance
coverages specified in paragraphs 1, 2, 3 and 4 of Section 9 of the ERF
Agreement.
The Contractor shall require that any subcontractors rendering assessment
activities under this Agreement fiunish certificates of insurance to the EDA, of the
insurance coverages listed above, and provide updated certificates as coverages
expire.
Prior to the start of work relative to the Project, certificates of all insurance
required, on a form approved by the EDA, signed by an authorized representative
of the insurance carrier, and stating that all provisions of the specified
requirements are satisfied. The Contractor shall not begin any work until the EDA
has reviewed and approved the insurance certificates.
The policy shall be a standard form policy provided for by a carrier approved by
the State of Minnesota and shall not contain any exclusions that will restrict
coverage on any operations performed by the Contractor, or any subcontractors
thereof.
The policy or policies shall afford contractual liability coverage to provide
coverage for the indemn�fication agreement.
It is a condition of the Agreement that the policy or policies waive any or all-
governmental immunity as a defense in any action brought against the insured or
any other party to the Agreement, up to policy limits.
The policy shall further provide insurance to cover all of the contractors or
subcontractors operating exposures and the operation of vehicles.
Approval of the insurance by the EDA shall not in any way relieve or decrease the
liability of the Contractor, the subcontractors hereunder, and it is expressly
understood that the EDA dces not ia any way represent that the above specified
insurance or limits of liability are sufficient or adequate to protect the Contractors
or subcontractors interest or liabilities.
In the event of cancellation of any of the policies, the company issuing the
certificate of insurance shall provide 30 days written notice to the EDA. Failure to
do so shall 'unpose obligation and/or liability upon the issuing company.
Page 4
Certificates of insurance forms shall be drafted or altered to reflect these
conditions.
All responsibility for payment of sums resulting from any deductible provision,
corridor, or self-insured retention conditions of the policy or policies shall remain
with the Contractor or subcontractors.
11. AMENDMENTS
This agreement between the Contractor and the EDA may be modified only by a
written amendment executed by both the EDA and the Contractor.
12. MINNESOTA LAWS GOVERNED
This Agreement will be governed and construed in accordance with the laws of the
State of Minnesota.
In witness whereof, the EDA has caused this Agreement to be duly exe�uted in its
name and on its behalf and the Contractor has caused this Agreement to be duly executed in its
name and on its behalf, on or as of the date first above written.
EDA of Brooklyn Center, Minnesota
By
Its Executive Director
Tetra Tech
B
Its
Page 5
EXHIBIT 1
Q]CO PY �on�No. Ao�o885
ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT
BETWEEN BROOKLYN CENTER ECONOMIC DEVELOPI�NT AGENCY AND
HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES
This Agreement is made on 30 O� by and between the County of Hennepin, State of
Minnesota ("Counry" or "Grantor" at A2300 Government Center, Mianeapolis, MN 55487) by and through its
Department of Envuonmental Services ("DepartmenY') and Brooklyn Center Economic Development Agency
(EDA), 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 Grantee
Grantee has made application to the Counry for a grant w be used for env'vonmental assessment of the Logsa and
57'" Redevelopment site, located ai 1400 to 2000 57th Avenue North in Brooklyn Center, which application is
incorporated into this Ageement by reference.
In consideration of the mutual promises set forth be[ow, the parties agree as fo[lows:
l: GRANT AMOUNT AND COMPLETION
The Couary shall grant to Grantee a svm not to exceed One Hundred and Forty-Four fihousand Eight Hundr� and
Ten Dollars (S 144,810.00) which fuads shali be only for axpenses uscurred in performing activiries specified in the
A�u�i�a!ion and as may be fiu�ther described in Exhibit A to this Agrcement or as approvod by Cout►ty staft:
Approved assessment and/or cfean-up activities as may be descrilxd in the application and Exhibit A are r�ferred ta
herein as the "Project". Administrative costs incurred by Grantee are not etigible for reimbursement via this
Agreement.
Grantee agrees to coraplete the Project within oae (1) year of execution of this Agreement and within the terms
stated herein. Any material change in the scope of the Project, including titne schedule sad budget, must be
approved in writing by the County. Upon approvai by the County Administrator, the duration of this Agrecment
may be extended for up to twelve (l2) months. Funds msde available pursuant to this Agreement shall be used only
for expenses incutred in performing such purposes and activiries described in the Application and this Agre�sent
2. ACCOUNTING AND RECORD KEEPING
For all expeaditures of funds made pursuam to this Agreement, Grantee shall keep financial records it�ciuding
properly executed contracts, invoices, and othar documents sufficient to evidence in proper tiatail the t�atiue and
propriety of the expenditures. Accounting methods sha11 be in accardance with generally accepted accounting
principles.
Granue agrees that the County, the Stau Auditor, or any of their duly authorized representatives at any time during
nortnal business hours, and as often as they may reasonably deem necessary, shall have access to and the right w
examine, audit, excerpt, and t�anscribe any books, documants, Pap�rs, records, etc., which are partinent w tbe
accounting practices and procedwes of Grantee and involve cransactions relating w this Agreement. Such materials
shall be maintained and such access and rights shatl be in force and effect dnring the period of the Ag,reement and
for six (6) years after iu terminatioa or cancellation.
3. PAYMENT/DISBURSEMENT SCHEDULE
Gcantor will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the
Grantor, submitted by Grantee and approved by the Grantor. Paymentrequests can be submitted once per month
and must be accompanied 6y supporting invoices that relau to activities in the approved Project budget Subject to
veri5cadoa of adequacy of a written disbursement request and approval o�consistency witb this Agreement, the
Grantoi will disburse tbe requested amount to Grantee within six (6) weeks after receipt of a written disbursement
request
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4. REPORTIIVG
Grantee shall submit to the Grantor a report on the distrib�tion of funds and the progress of the Project covered from
the date of the grant award through June 30 of each year. The reports must be received by the County no later thau
July 25 of each year. The report shall identify specific goals listed in the application and quantitatively measure the
progress of such goals. Reporting forms will be provided by the Grantor. In addition, the required documentation
listed in Extubit A should be supplied as it becomes availabla
5. CONTRACTS
Grantee shall include in any contract, provisions that require contractors to comply with all applicable State and
Federal Iaws and regulations regarding employment and workplace safety.
In accordanee with Hennepin County's policies against discrimination, Grantee agrees that it shall not exclude any
person from full employment rights or participation in or. the benefits of any program, service, or activity on the
grounds of nce, color, creed, religion, age, sex, disability, marital stat�us, sexual orientation, public assistance status,
or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against
d�cr'vnina+�on shall be otherwise subjected to discriminadon.
Public Grantees and any contractors or subcontractors perfomning services as part of this Agroement shall follow
that public Grantee's A�rmative Actian policy against discrimination.
6. TERMINATION, CANCELLATION AND ASSIGNMENT
'This Agreement may be canceled by the County upon sixty (60) days written notice to Grantee without cause. In the
event of such cancellation, Grantee shall be entitled to payment, deterniined on a pro rata basis, for work or services
satisfactoriIy performed up to the effective datee of such cancellation.
lf the County finds that there has been a failure to comply with the provisions of this Agr�emeat, that reasonable
progess has not been made toward commencement or completion of the assessment and/or clean-up activities
specified in the Application and this Agreement, notwithstanding any other provisions of this Agreement to the
conu�ary and after written natice and reasonable opportunity to cure, the County may refuse w disburse additional
funds and/or require the return of all or part of the funds already disbursed, to the extent such fimds were used for
purposes other than activities contemplated by this Agreement.
This Agreement may not be assigned without the prior writun consent of the County.
7. INDEPENDENT CONTRACTOR
Grantee shall select the means, method, and manner of performing the activities herein. Nothing is intended or
should be construed in any manner as creating or esffiblishing the nlationship of co-parmers between the parties
hereto or as constituting Grantee as the agent, representative, or emplayee of the County for any pt:rpose or in any
manner whatsoever. Grantee is to be and shall remain an independent contractor with respoct to all ser+iees and
activities performed under this Agreement. Any and all persorn�el of Grantee or other persoas wliile engagect in the
performance of any work or services required by Grantee under this Agreement shall have no contractval
relationship with the County, and shall not be considered employees of the County. Any and all claims that may or
might arise under the Minnesota Economic Security Law or t6e Workers' Compensation Act of the State of
Minnesota on behalf of said personnel, arising out of employment or alleged employment including without
limitation, claims of discrimination against Grantee, its officers, agents, contractors, or employees shall in no way be
the respoasibiiity of the County. Grantee shall defend, indemnify and hold harmless the County, its officials,
officers, agenu, and employees from any and all such claims irrespective of any determiriation of any pertinent
tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled
to say compensation, rights, or benefrts of aay kind whatsoever from the County, including, without limitarion,
tcaure rights, medical and hospital care, sick leave, Workers' Compensation, Re-employment Compensation,
di�ability, severance pay, and retirement benefits.
2
I
8.INDENINIFICATION
Grantee agrees w defend, indemnify and hold harmless, the County, its officials, officers, agents and employees
from any liability, claims, causes of action, judgmems, damages, losses, costs, or expcnses, including reasonable
attorney's fees, resulting directly or indirectly from any act or omission of Grantee, its contractors or subcontractors
I or an one direcd or indirectly em loyed by them, andlor any party that directly ar indiredly ben�fits from the
Y Y P
activities specified in this Ag�reement, and/or anyone for whose acts and/or omissions they may be liable in the
performance of the activities specified in this Agreemem and against all loss by reason of t6e failw�e of Granta to
perform fuUy, in any respect, ail obligations under this Agreement
9. INSURANCE
In order to protect the County and those listed above under the indemnification provision, Grantee agrees at all rimes
I during the term of this Agcement and beyond such urm when so required, t� have and keep or cause tu have and be
followin insucance covera es under either a urchase
d
ke in force and to cause all contractors to do likewise, the g p
Pt
g
insurance or self-insuraoce program:
1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage:
j.irnits
General Aggregate �,0�,�
Products-Completed Openrions Ag,gregate 1,000,000
Personal and Advertising Injury 1,000,000
Fach Occurrence
Combined Bodily Injury and Properry Damage 1,000,000
2. Automobile Liability Corabined single limit each occurrence for 1,000,000
bodilY in.lur�' and PI'oPerh' damage covering owned, non-owned, and hired
automobiles.
3. Workers' Com ensation and Era lo er's Liabili
P P Y tY
a. Workers' Compensation StatuWry
If the coatractor is based outside the State of Minnesuta,
coverage must apply ta Minnesota laws.
b. Employer'.s Liability. Bodily Injury by:
Accident Each accidem 500,000
Disease Policy Limit 500,000
Disease Each Employee 500,000
4. Professianal Liability Per Claim and Aggregate 1,000,000
The insurance must be maintained continuously for a period of two years after the termination of
this Agreemeni.
r shall r uire that an inde ndent contractors renderin assessment and/or clean-u activities under this
G antee g P
y r�
I v'de d
ish certific�tes of insurance to Grantee of thc insurance covera es listed above, and pro i update
Agxeement furn B
certificates as coverages expire.
An umbrella ar excess policy over primary liability coverages is an acceptable method to provide t6e required
insurance limits. The above establishes minimum insurance requinments. It is the sole responsibility of Grantee to
determine the need for and to procure additior►a{ insurance which may be needed in connection with this Agreeinent.
Copies of policies shall be submitted to the C�unty upon written request.
I Grantee shall not commence work unti] it and any contractors have obtain$d the required proof of insurance which
c?early evidences required insurance coverages.
r
3
If Grantee fails to fiunish proof covtrages, if requested by the County, the Counry ma.� withhold payments and/or
pursue any other rights or remedy allowed under the contract, law, equity, and/or statute.
10. MERGER AND MODIFICATION
It is understood and agreed that the entire Agreement between the parties is contained herein and that �is
Agreement supersedes all oral agreements and negotiations betwcen the parties relatin.g to the subject mattcr hereof.
or attached aud are deemecl to be of this A ment.
feaed to in ibis A eement are inco rated P�
All items re fi�
B� fi
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing as an amendment to this Agreement sigiaed by the parties hereto.
11. MINNESOTA LAWS GOVERN
The Laws of the State� of Minnesota shall govern all questions and interpretations concerning the validity and
construction of this Agreement and the legal reiations betwaen t6e parties and performance tinde�' it. The
a ro riate venue and
'urisdiction for an liri tion hereunder will be those coutts located withii►.the County of
PP P J Y 8a
Hennepin, State of Minnesota. Litigation, however, in the federal cowKs involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
The Remainder Of T6ia Page Was Intentionally Left Blank
I
4
I�
COUNTY BOARD APPROVAL
GRANTEE, having signed this agreement, and the Hennepin County Board of Commessioners having duly
approved this agreement on the of 2007, aad pursuant w such approval the proper County
officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth.
Reviewed e Atto COUNTY OF HENNEPIN
ot�ce STATE OF MINNESOTA
By;
Assistant Coun Attom Chair of Its County Board
Date: 7 Date:
ATTEST:
Deputy/Clerk of Couniy Board
And:
Acting County Administrator
By:
Assistant County Administrator, Public Works
Date:
Recommeaded for Appr�val
By:
Director, Department of Environinental Services
Date:
GRANTEE
Grantee certifies that the person who executed this Agreement
is authoriud to do so on behalf of Grantee as required bj+
applicable articles, bylaws, resolutions or ordinances."
Name: BROOKLYN CENTER EDA
By: BY�
D�tte: ��,�r� �S Date 'l •-O`7
r
•GRANTEE shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confums tbe
signatory's delegation of authority. This documentation shall be submitted at the time Grantee ret�uns the Agroement to
the Counry. Documencation is not required for a sole proprietorship.
HCA Form No. Ol 2006 (Revised 10/OS)
5
II�
i
T6is Page Was Intenttonally Left Blank
6
Ezhibit A
Brooklyn Center EDA
Proiect Summarv:
The project site, which is 8_49 acres in size, is tt►e former location of the Hmong American Shopping
Center, which has now been demolished. Previous assessment work identified contaminated soil and
groundwater that resulted from the past operation of dry cleaners and services stations on the property.
More recent assessment has focused on potential dry-cleaning solvent vapor migration from the property
into the adjacent residential neighborhood. Brooklyn Center EDA requests addirional Environmental
Response Fund assistance to continue to assess the potential health risks posed by soil vapor and ground
water migration.
The following costs are based on a bndget.submitted by Grantee. Mod�cations must be approved in
writing by the Grantor.
Approved Budget for Logan �nd 57"' Redevelopment Site:
Off-Site Soil Vapor and Groundwater Assessment 59,010
Sub-Slab Vapor Sampting 20,805
Indoor Air Sampling 22,460
Water Well Receptor survey 12,535
Final RepoNRemedial Action Plan 15,000
MPCA VIC Fees 15,Q00
Total: 144,8I0
Reauired Dacumenta.tion to be Submitted to Henneoin Countv:
Consultant/Contractor/MPCA Invoices
Final RepoN Remedial Action Pla�
MPCA Approval letters
Annual Project Progress/Summary Report(s).
E-1
'i
EXHIBIT 2
Te#ra 7�ch EM tnc.
01
2001 IGllebrew Dr., Su�te 141 Bloom�ngton, MN 55425 TEL (612) 643-2200 FAX (612) 643-22
May 10, 2007
Ms. K�ren Kromar
Mr. Rick Jolley
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, Minnesota 55255
Subject: Work Plan for Addifionai Assessment
Logan and 57`� Redevelopment Site
Brooklyn Center, Minnesota
Dear K�ren and Rick:
At the request of the City of Brooklyn Center {the City), Tetra Tech EM Ina (Tetra Tech) has
compteted this work plan to complete additional contamination assessment activities for the
Logan and 57�' Redevelopment Site (aka, the Former Hmong-American Shopping Center) at
1900-2000 57�' Avenue in Brooklyn Center, Minnesota (the Property). The purpose of the
assessment is to perform additional screening for off-site impacts from chlorinated solvents.
Figure 1 depicts the general site location.
1.0 BACKGROUND
Previous Phase II Environmental Site Assessment (ESA) activities completed by Tetra Tech
have indicated the presence of elevated perchloroethylene (PCE) concentrations in groundwater
and soil vapor samples collected to the southeast of the Property (Figure 2).
[n order to screen for additional source areas of PCE in groundwater, as well as to refine the
inferred extent of soil vapor impacts and evaluate the potential �for vapor intrusion in off-site
residential structures, Tetra Tech has recommended that additional assessment activities be
completed.
2.0 SCOPE OF WORK
The pcoposed scope of work Por contamination assessment activities is provided below. Tetra
Tech will prepare a Health a.nd Safety Plan prior to initiating assessment activities. Upon
completion of site assessment activities, Tetra Tech will prepare a summary environmental
report detailing the results of the site assessment activities and providing recommendations for
managing identified concerns.
s
Ms. K�ren Kromar
Mr. Rick Jolley
Work Plan and Cost Estimate
Logan and 57`" Redevelopment Site
May io, Zoo�
Page 2
2.1 Off-Site Soii Vapor Assessment
In order to refine the azea of potential off-site soil vapor impacts from the former dry cleaning
operation, Tetra Tech rec�mmends the following:
Advance up to 15 Geoprobe direct push test borings to approximately lU feet below
grade at locations to the southwest and south of the Property (Figure 3).
Collect soil vapor samples using Summa� canisters in accordance with MPCA
Vapor Intrusion Assessment guidance: Apri12005.
Submit soil vapor samples for analysis using EPA Method TO-15.
2.2 Off-Site Groundwater Assessment
In order to assess for potential additional areas of irapacted groundwater that might be acting as
additional source areas for soil vapors, Tetra Tech recommends the following:
Advance up to 15 Geoprobe direct push test borings to approximately 17 to 40 feet
below grade at locations to the southwest and south of the Properiy.
Collect groundwater samples from temporary sampling points screened across the
top of the water table and at depths of approximately 10 and 20 feet below grade at
the same boring locations.
Submit groundwater samples for analysis of VOCs.
Collect duplicate groundwater samples for analysis at select�d locations at a future
date to determine groundwater contamination trends, if necessary.
Install up. to 3 permanent groundwater monitoring wells in selected locations and
collect two rounds of quarterly groundwater samples to establish groundwater
contamination trends, if necessary.
2.3 Snb-Slab Soil Vapor Sampling
In order to further assess concerns regarding potential migration of vapors m off-site residential
areas from VOCs in groundwater, Tetra Tech recommends the following:
Identify up to 14 representative residences within the presumed PCE soil vapor plume.
Ms. K�ren Kromar
Mr. Rick Jopey
Work Plan and Cost Estimate
Logan and 5'1 Redevelopment Site
May i Q 2007
Page 3
Inspect the residences for potential vapor entry points, such as cracks in foundations, sumps,
or other subsurface exposures.
Interview residents to establish other potential sources of VOCs within the residences.
Install temporary sampling ports and conduct sub-slab vapor sampling at the residences in
accordance with MPCA guidelines; and,
Submit samples for analysis using EPA Method TO-15.
2.4 Indoor Air Quality Sampling
In order to further assess concerns regarding potential migration of vapors in off-site residential
areas from VOCs in groundwater, Tetra Tech recommends the following:
Identify up to 7 representative residences within the presumed PCE soil vapor plume.
Inspect the residences for potential vapor entry points, such as cracks in foundations, sumps,
or other subsurface exposures.
i Interview residents to establish other potential sources of VOCs within the residences.
Place Sumrna canisters in presumed "worst case" sampling locations at lower levels within
the residences, as well as in breathing zones on lower and upper levels, and collect up to 3
vapor samples in each residence.
Submit samples for analysis using EPA Method TO-15.
2.5 Receptor Survey
Tetra Tech is proposing to conduct a utility and water well receptor survey in the vicinity of the area
of potential groundwater and soil vapor impacts near the Property. Tetra Tech will sc,reen
accessible utilities with a photoionization detector and draeger tubes. Tetra Tech proposes to
conduct a door-to-door survey of households located near the site to determine the presence of water
wells. The survey will consist of asking the resident if there are any private water supply wells
present on the property. If the resident is not at home at the t�me of the survey, a simple
uestionnaire will be left re ardin the resence of rivate water wells on the ro Tetra Tech
q S g P P
P P�Y
will follow-up via telephone with those residents who receive the questionnaire after �e survey.
Tetra Tech will also conduct a database search for water wells within a'/� mile radius of the fortner
dry cleaner using the County Well Index system.
Ms. Kfiren Kromar
Mr. Rick Jolley
Work Plan and Cost Estimat�
Logan and 57`� Redevelopmeirt Site
May 10, 2007
Page 4
3.0 TIIViELINE
Field work will be completed over a four-month period after initiation.
If you have any questions or comments regarding this work plan, please contact either of the
undersigned at (612) b43-2200.
Sincerely,
�-.�'-�Ir
David Duffey Scott C. Tracy, CHMM
Environmental Scientist Senior Project Manager
cc: Mr. Thomas Maiello, Angel Environmental Management, Inc.
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City of Brooklyn Center
A Millennium Community
EDA ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Jim Glasoe, Director of Community Activities,
Recreation and Services
DATE: August 9, 2007
SUBJECT: Resolution Authorizing the Executive Director to Write Off Uncollectible
Accottnts Receivable
Recommendation: Staff recommends the uncollectabie accounts be written of� and
removed from the active accounts receivable list.
Background: Per the attached summary, staff is recommending that the following
accounts be removed from the active accounts receivable list. These accounts were
established in 200�, 2002 and 2003.
Jackie Berg Account #100991
Fox Productions Account #100073
MN Institute of Lega1 Education Account #100576
All staff collection efforts for these accounts have been exhausted and all have been sent
to collections agencies, with no success. Collection efforts will continue where feasible.
However, as there is little reasonable expectation of payment, staff recommends that they
be removed from the active accounts receivable list.
e 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 554$0-2199 (763} 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityo fbrooklyncenter, org
EBHC Past Due Accounts Proposed for Write Off June 29, 2007
Jackie Berg Account #100991
09121J02
Total Amount Owed: $11,658.10
Total Paid: $11,270.95
Balance Due: 387.15
Balance owed from wedding reception.
$1 I,270.95 was collected prior to the event, based on the pre-function estimate.
After EBHC's Past Due Notice and Final Notices elicited no response, account was sent
to Stewart, Zlimen 8c �ungens, Ltd., Attorneys at Law for collection on Mazch 27, 2003:
After eachaustive collection efforts, Stewart et al closed the account as uncollectible due
to no assets on 08/03/04.
Foa Productions Account #100073
09/04-05/Ol
Total Amount Owed: $10,350.40
Total Paid: 7,152.53
Balance Due: 3,197.87
Balance owed from trade show. Established client: EBHC had an American Express
card on file and when payment was not received within 90 days, we charged the balance
to the card. However, Fox Productions disputed the charge and American Express issued
a chargeback to EBHC. Collection of this account was turned over to Stewart, Zlimen
Jungens, Ltd. on June 6, 2002. Because Fox Productions was an out of state corporation,
Stewart et al contracted with a Miclugan attorney's office to pursue collection. Payment
arrangements were agreed upon and payments were made to the attorney until Fox
Productions closed. At that time the attomey closed the account.
MN Institute of Legal Education Account #100576
05/09/03 51957.76
05/16/03 $2132.89
05/22/03 $1848.94
06/13/03 51963.47
06/26/03 $2275.65
Total $10.178.71
Balance owed for 5 events. Established client. Client closed business and filed
bankruptcy. Account was given to Kennedy Graven for collections. They received a
default judgment on our behalf. In spite of the judgment, Kennedy Graven was unable
to recover any funds.
The above accounts total $13,763.73. EBHC has not written off aay accounts since
2001.
Member introduced the following resolution and moved its
adoption:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO WRITE OFF
UNCOLLECTIBLE ACCOUNTS RECENABLE
WHEREAS, the Executive Director has reported the following Earle Brown Heritage Center
accounts receivable's are not expected to be collected, and;
WHEREAS, Staff collection efforts have been exhausted and these accounts have been turned over
to a collection agency and a collection attorney, and;
WHEREAS, collection efforts will continue by the agency and the attomey as feasible, while the
accounts will be removed from the receivable records and charged off as uncotlectible accounts.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the
City of Brooklyn Center, Minnesota, that the Executive Director is authorized to write off from the EDA's
records as uncotlectible the following accounts receivable:
Convention Center Jackie Berg 38'7.15
Fox Productions 3,197.87
MN Institute of Legal Education 510,178.11
Grand Total $13,763 J3
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was au�y seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works
DATE: August 8, 240?
SLTBJECT: Resolution Accepting Bid, Awarding a Contract and Authoriaing Easement
Acquisition, Improvement Project No. 2007-15, TIF District 3 Regionat Storm
Water Quality Treatment Improvements
RECOM1ViENDATIONs
Public Works staff recommends that the Brooklyn Center Economic Development Authority
consider the attached resolution accepting the lowest bid, awarding a contract and authorizing
easement acquisition for Improvement Project No. 2007-15, TIF District 3 Regional Storm Water
Qua.lity Treatment Improvements.
BACKGROUND:
On March 12, 2407, the City Council established a potential water quality treatment project nearthe
intersection of 66�' Avenue and Highway 252. This City Council action also ordered the preparation
of a feasibility report for the project. The proposed project consists of a regional underground
treatment structure to remove sediment and pollutants from runoff generated within the 490 acre
drainage area tributary to the storm sewer main along Freeway Boulevard. The existing trunk storm
sewer currently conveys untreated storm water runoff directly to the Mississippi River.
The project engineering consultant, WSB Associates, completed a feasibility report for the
project. The feasibility report included an estimate for construction cost of $750,000. The feasibility
report was accepted by the Economic Development Authority on June 11, 2007. The EDA
resolution included an estimated total project cost, including design and easement costs, of
$816,300.
BID RESULTS:
Bids for the project were received and opened on August 6, 2007. The bidding results are tabulated
as follows:
Bidders Bid Amount
Thomas Sons Construction $1,040,842.50
Three Rivers Construction $1,161,303.00
Minger Construction, Inc. $1,178,648.51
Northdale Construction Co. $1,463,232.13
'�i Lemetti Sons, Inc. $1,553,742.00
ional Stormwater TreatmentTm rovements
TIF 3 Re P
i g
EASEMENT ACQUISITION:
Construcrion of the proposed proj ect would require acquisition of perpetual and temporary easements
from the owner of the Regal Cinemas site. The Regal Cinemas site owner is generally supportive of
the project and has verbally agreed to sell the easements for $18,735.59. The City assessor has
confirmed that this is a reasonable purchase price for the proposed easements. The City Attorney has
prepared the easement docutnent and is in the process of addressing minor changes requested by the
owner.
The Regal Cinemas owner has established construction schedule limita.tions for the project to
minimize the impact to their business during the peak movie season beginning in November 2007.
The temporary easements would expire on October 31, 2007. In addition to the project costs, the
construction schedule limitations will be challenging. The ma.terial supplier has notified City staff
that the limited time schedule is feasible if the project is awarded prior to August 15, 2007.
BUDGET ISSUES:
The project construcdon bids exceed the preliminary estimates by 39 percent. Engineering staff has
discussed the bid results with the proj ect engineering consultant and the lowest bid contractor. Both
sources have indicated that the proposed structure would be ane of the larger underground treat�nent
structures to be installed within the metro azea. There are a limited number of comparative projects
e for estimatin the ro'ect costs. The lowest bid contractor has indicated that the
to use as a sourc g p
bid price reflects a reasonable construction cost, given the complexity of the project. The
distribution of bids appears to support this position.
The ra' ect feasibili stud investigated three options for providing regional water quality treatment
P J tY Y
for the drainage azea. The report concluded that the option consisting of the facility as currently bid
provides the most cost effective treatment solution based on aper-acre analysis. After reviewing the
current bid results, staff has determined that this finding is sfill valid, although the overall price for
each altemative is clearly more that the original consultant estimate. Staff will be available at the
EDA meeting to further discuss this issue.
The proposed furiding source for the project is tax increment revenues generated by Tax Increment
Financing (TI� District No. 3. Additional informatian regarding project funding availability is
provided in the attached memorandum from Dan Jordet.
TIF 3 Regional Stormwater Treaiment Improvements
�City of Brooklyn Center
TO: Curt Boganey, City Manager
FROM: Daniel Jordet, Director of Flscal Support Services
DATE: 8 August 2007
SUB7ECT: Tax Increments Available for Storm Water Project
Recommendation:
This memorandum is advisory only. It indicates that there are sufFicient funds in
the Tax Increment Fnancing District 3 to absorb the actuai bid costs for the
Regional Storm Water projects bid for the Regal Theaters parking lot location.
Background:
The current balance of funds available for projects in Tax Increment Financing
District 3 is approximately 13,200,000. There is about 16,600,000 in the
TIF 3 fund at the end of June, 2007. Of that amount 3,100,000 must be
committed to housing projec�s, 120,000 is being used to demolish the Day's
Inn and about 180,000 is reserved for flnal relocation costs at Northbrook (57�'
Logan). The balance of 13,200,000 is not committed to any other project at
this time. There are stiil bonds outstanding of 15,620,000 which will be paid
by future annual TIF collections.
Funds Available at 6/30/2007 16,600,000
Reserved for Housin 3,100,000
9
Reserved for Days Inn Demolition 120,000
Reserved for Northbrook Relocation 180.000
Balance of Uncommitted Funds 13,200,000
The uncommitted funds balance is made up of two subcategories of funds. The
first is bond proceeds from the 2004 G.O. Tax Increment Revenue Bonds. There
is about 3,700,000 in that classification. The important characteristic of those
funds is that they must either be spent by the end of November 2007 or they
may only be used to make payments on the outstanding bond principal and
interest. No more project costs may be paid from bond funds after the end of
November 2007. The other classification of funds is generai cash. This is money
that has been accumulated over the life of the district. There is currently about
9,500,000 in that classification. If this money is not spent on qualifying
projeds by 14 May 2008 it will be restricted to use for payment of bond principal
and interest.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID, AWARDII�G A CONTRACT AND
AUTHORIZING EASEMENT ACQUISITION, Il1�IPROVEMENT PROJECT NO. 2007-
15, TIF DISTRICT 3 REGIONAL STORM WATER QUALITY TREATMENT
IlVIPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Proj ect No. 2007-15,
bids were received, opened, and tabulated by the City Clerk and Engineer on the 6�' day of
August, 2007. Said bids were as follows:
Bidder Bid Amount as Submitted
Thomas Sons Construction $1,040,842.50
Three Rivers Construction $1,161,303 .00
Minger Construction, Inc. $1,178,648.51
Northdale Construction Co. $1,463,232.13
Lametti Sons, Inc. $1,553,742.00
WHEREAS, it appears that Thomas Sons Construction is the lowest responsible.
bidder; and
WHEREAS, the City of Brooklyn Center desires to acquire perpetual and temporary
easements for construction purposes from the owners of the Regal Cinemas site to provide for
construction of Improvement Project No. 2007-15.
NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The plans and specifications for Improvement Project No. 2007-15 are hereby
approved and shall be maintained in the office of the City Engineer.
2. The Mayor and City Manager are hereby authorized to enter into a contract with
Thomas Sons Construction of Rogers, Minnesota in the name of the City of
Brooklyn Center, for Improvement Project No. 2007-15 upon obtaining executed
easement documents necessary for said improvements.
3. The Mayor and City Manager are hereby authorized to acquire perpetual and
temporary easements from Rega1 Cinemas, Inc. in the amount of $18,735.59 to
facilitate conshvction of Improvement Proj ect No. 2007-15.
RESOLUTION NO.
4. The estimate of the total project cost for Improvement Project No. 2007-15 is
provided below. The revenue for project costs sha11 be derived from tax
increment revenues generated by Tax Increment Financing District Na 3.
COSTS:
Proiect Estimate As Amended Per Low Bid
Construction Contract $750,000.00 $1,040,842.50
Eng, Legal, Administration 37,SOOAO 37,500.00
Land Acquisition 18,800.00 18,735.59
Testing and Inspection 8,500.00 8,500.00
Permits and Approvals 1.500.00 1,500.00
Total Est. Project Costs $816,300.00 $1,107,078.09
AuQUSt 13. 2007
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
e