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05.05.14 Council Packet
City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington, MN 55024 the City of Farmington provides quality ANNED services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Douglas Bonar Terry Donnelly Christy Fogarty AGENDA REGULAR CITY COUNCIL MEETING MAY 5, 2014 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim May Historic Preservation Month- Planning Proclaimed b) Police Department Presentation/Tip 411 Information Received 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (4/21/14 Regular)(4/21/14 Special) Approved b) Approve School and Conference Request—Parks and Recreation Approved c) Approve Agreement Fairhills Park Playground Equipment Installation— Parks and Recreation Approved d) Approve Agreement with The Toro Company—Parks and Recreation Approved e) Adopt Resolution—Accept Donation Rambling River Center—Parks and Recreation R33-14 f) Approve Planning Commission Appointment- Administration Approved g) Approve Temporary On-Sale Liquor License Farmington Liquors— Administration Approved h) Approve NovusAgenda License Agreement—Human Resources Approved i) Adopt Resolution—Approving Bid and Payment for HD Telecast Equipment —Human Resources R34-14 j) Acknowledge Resignation Fire Department—Human Resources Acknowledged k) Approve Bills Approved REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda.If you wish to address the Council regarding any or all of the items on the Regular Agenda,please address the item when the item is discussed Speakers will be given at least three minutes to speak per item.Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution—Approve New Sunrise Addition Development Contract— Engineering R35-14 b) Adopt Resolution—Authorize Preparation of Plans and Specifications Ninth and Hickory Streets Project- Engineering R36-14 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Douglas Bonar Terry Donnelly Christy Fogarty AGENDA REGULAR CITY COUNCIL MEETING MAY 5, 2014 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim May Historic Preservation Month-Planning Page 3 b) Police Department Presentation/Tip 411 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items.No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during"Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (4/21/14 Regular)(4/21/14 Special) 4 b) Approve School and Conference Request—Parks and Recreation 13 c) Approve Agreement Fairhills Park Playground Equipment Installation— Parks and Recreation 14 d) Approve Agreement with The Toro Company—Parks and Recreation 29 e) Adopt Resolution—Accept Donation Rambling River Center—Parks and Recreation 34 f) Approve Planning Commission Appointment-Administration 36 g) Approve Temporary On-Sale Liquor License Farmington Liquors— Administration 37 h) Approve NovusAgenda License Agreement—Human Resources 39 i) Adopt Resolution—Approving Bid and Payment for HD Telecast Equipment —Human Resources 48 j) Acknowledge Resignation Fire Department—Human Resources 53 k) Approve Bills 54 1 REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda,please address the item when the item is discussed Speakers will be given at least three minutes to speak per item.Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution—Approve New Sunrise Addition Development Contract— Engineering 73 b) Adopt Resolution—Authorize Preparation of Plans and Specifications Ninth and Hickory Streets Project-Engineering 91 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. 2 gliwpmpmpplop 2014 PRESERVATION MONTH MAYORAL PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable develop- ment, revitalizing neighborhoods, fostering local pride and maintaining community character while en- hancing livability; and WHEREAS,historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS,it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as people; and WHEREAS, "New Age of Preservation: Embark, Inspire, Engage" is the theme for National Preserva- tion Month 2014, cosponsored by the Farmington Heritage Preservation Commission and the National Trust for Historic Preservation. NOW, THEREFORE, I, the Mayor of Farmington, Todd Larson do proclaim May 2014 as Preserva- tion Month, and call upon the people of Farmington to join their fellow citizens across the United States in recognizing and participating in this special observance. Authorized Signature Date SCA, '1.4 -F COUNCIL MINUTES REGULAR April 21, 2014 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson and Boy Scouts led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Bonar,Donnelly, Fogarty Members Absent: None Also Present: Andrea Poehler, City Attorney; David McKnight, City Administrator; Robin Hanson, Finance Director;Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Brenda Wendlandt, Human Resources Director; Tony Wippler, Planning Manager; Cynthia Muller, Executive Assistant Audience: Jerry Rich 4. APPROVEAGENDA MOTION by Fogarty, second by Donnelly to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Hometown Heroes Proposal—Chelsey Nieland Ms. Chelsey Nieland, a Farmington resident, stated the Hometown Heroes project is very important to her as she comes from a military family. Her family started this project in Pennsylvania along with other states. She was not requesting any funding from the city, only permission to place banners on the light poles. The banners would contain pictures of service members, their name,branch, war served in and the banner sponsor. Council appreciated her efforts on this project. The project has been going for five years in various states. The banners will be made out of vinyl mesh to withstand the weather and last longer. Council granted permission to place the banners on the designated light poles and thanked Ms. Nieland for bringing the project to Farmington. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Donnelly to approve the Consent Agenda as follows: a) Approved Council Minutes (4/7/14 Regular)(4/14/14 Workshop) 4 Council Minutes(Regular) April 21,2014 Page 2 b) Adopted RESOLUTION R26-14 Approving Gambling Event Permit Knights of Columbus-Administration c) Received First Quarter 2014 and Year-End New Construction Report—Building Inspections d) Adopted RESOLUTION R27-14 Accepting Donations—Parks and Recreation e) Accepted Resignation Rambling River Center Advisory Board-Administration f) Adopted RESOLUTION R28-14 Ratifying LELS Police Officer Unit Collective Bargaining Agreement—Human Resources g) Adopted RESOLUTION R29-14 Not Waiving Tort Liability Limits- Administration h) Approved Salary Adjustment Civil Engineer—Human Resources i) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution—Approve Vacation of Drainage and Utility Easements Sunrise Ponds LLC-Planning Mr. Tim Giles,Tru-Value Homes LLC, is proposing to re-plat the former Sunrise Ponds subdivision. It would consist of 59 single family lots,with lot sizes increasing from the proposal in 2006. Lots would range from 4,164 square feet to 5,360 square feet. Because of the enlargement of the lots, some of the existing easements are no longer necessary and should be vacated. New easements will be dedicated with the revised plat. The resolution is contingent upon approval of the preliminary and final plat which is the next item. City Attorney Poehler stated this item will not take effect until the plat is approved. MOTION by Fogarty, second by Bartholomay to close the public hearing. APIF,MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R30-14 vacating certain drainage and utility easements in New Sunrise Addition. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution—Approve Preliminary and Final Plat and PUD New Sunrise Addition - Planning Mr. Tim Giles,Tru-Value Homes LLC, is proposing to re-plat 10.3 acres of the Sunrise Ponds subdivision. It will consist of 59 single family lots. There are currently nine homes in the development and they are not included in the application. There are two outlots on the proposed plat. Outlot A is in the southwest corner and will be parkland. Outlot B is in the northeast corner and will be a trail access. The road and alley layout and increased lot sizes are the main changes in the re-plat. In the original plat,the streets were to be private with the homeowner's association being responsible for maintenance. With the re-plat 5 Council Minutes(Regular) April 21,2014 Page 3 the streets will be public. The right-of-way will vary from 32 feet wide to 50 feet wide. The existing homes have a 32 foot right-of-way. In the re-plat,211th Street will continue east and then south to connect to 212th Street. The stub of 209th Street is to be removed. Currently the alley comes from 212th Street and goes west. With the new proposal,the alley will extend to 211th Street and stop beyond the third existing house to provide access to their garage. The remainder of the alley will be removed to make those lots deeper. No sidewalks are proposed in the development. There is a trail linkage between lots 12 and 13 of block 2. With the second addition, or when 210th Street or Cambodia is constructed a trail will be extended north along the border and a concrete sidewalk on the north end. Eventually it will be surrounded by a trail system. Lot sizes range from 3,622 square feet to 8,980 square feet. The developer has asked that the parkland be a public park. The Parks and Recreation Commission has agreed to accept it as a public park. Amenities have not been determined yet. The Planned Unit Development(PUD) Agreement was originally approved in 2006. Changes in the PUD address lot size and width and the right-of-way as we are taking less right-of-way than would typically be required. Any new fencing adjacent to the alley will have to be set back 10 feet to provide additional room for snow storage. The change to the design standards is the requirement of a minimum of 10 floor plans which has been removed. The Planning Commission recommended approval of the preliminary and final plat and PUD Agreement. Approval of the resolution is subject to the following conditions: 1. Preparation and execution of a development contract. 2. Satisfaction of all engineering comments concerning the plat, and construction plans for grading, storm water and utilities. Councilmember Fogarty asked about outlot A being a public park. She asked if park development fees are being waived because of that. Parks and Recreation Director Distad stated the fees are not waived and will be paid at the time permits are issued. When originally platted as Sunrise Ponds, park development fees were taken as cash in lieu rather than as parkland. The park was to be a private park so there was no land acquisition. Councilmember Fogarty stated part of the alley will have to remain because of the existing homes which have back loading garages, so garbage is set out there. She asked if we will have to send out two different size garbage trucks to this area. 6 Council Minutes(Regular) April 21,2014 Page 4 City Engineer Schorzman stated we will not need to send out two garbage trucks. The owner of the deep lot will take his garbage out to the alley. Councilmember Fogarty stated these are narrow streets which tend to slow traffic down. She encouraged the developer to put trees in to decrease traffic speed as there will be a lot of families in the area. Councilmember Bonar noted there is saw tooth zoning to the middle of the street and asked if this has been permitted recently. Staff stated there are areas where property lines do extend to the centerline of the road where we have easements over that. This is not setting a precedent. These are in the downtown area. Councilmember Bonar stated during the last decade this would be unique. He appreciated the trail around the subdivision, but was disappointed there are no sidewalks within the development. There will be school buses coming and going each day and Councilmember Bonar asked if there will be parking restrictions. Staff stated there is no parking on one side of the road. Public Works has developed a plan for snow removal for this subdivision. Councilmember Bonar stated this property began in 2006 and was a private development. It was impacted by the downturn in the economy and changed ownership. He asked what is the public benefit to take this on as a public right- of-way versus remaining private? Planning Manager Wippler stated the existing nine property owners would benefit. The original homeowner's association was never formed, so the property owners were left to do snow plowing themselves. As far as the general public, there would not be a benefit. Councilmember Bonar stated we represent 8,000 households. Councilmember Bonar asked about maintenance costs for the right-of-way in the future. City Engineer Schorzman stated the maintenance cost will be approximately$4,500 per year of which$1,200 is snow removal. Councilmember Bonar asked about the original zoning. Staff noted it was R-2 PUD in 2006. Councilmember Bonar stated we have migrated away from the traditional R-2, and therefore it is a PUD. Councilmember Bartholomay asked when the 130 square feet of the alley bubble is removed, will our plows be able to turn in that area? City Engineer Schorzman stated this is similar to other hammer areas in town. Snow plowing was discussed in depth by staff. Councilmember Bartholomay asked what will happen to the portion of the alley that is removed. Staff stated it will be grass and become part of the lots. There is a storm sewer line through that area. Mayor Larson saw this as a development that will be for younger families that have nowhere to move around other than the streets within the development. That 7 Council Minutes(Regular) April 21,2014 Page 5 is a big concern. He asked what will happen to the fences that are currently up to the curb. Planning Manager Wippler stated they are grandfathered in and are not part of the PUD. Mayor Larson stated if a standard car is parked on one side of the street,how much width is remaining? Staff stated the streets are 32 feet wide, which leaves about 25 feet. City Engineer Schorzman stated it would be identical to East Farmington. Mayor Larson asked if the fire trucks can maneuver through the development. Staff stated the fire department did review the plat and there is room. Mayor Larson understood if the area is left as is, it will never be developed. With this type of development that doesn't meet our standard profile,what special needs will we have to consider as a city in taking over this development? City Engineer Schorzman stated there is nothing as far as public works that would be unique. The homes do still have easements along the front lawn and nothing will affect our ability to store snow. There may be some homes in the existing lots that have very short driveways, so a large vehicle could be very close to the curb. Plow drivers will have to pay more attention when plowing. Mr. Tim Giles stated it would help to have no parking signs on the south side of the street where the existing homes are. So any on-street parking will be on the north side. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION 1131-14 approving New Sunrise Addition preliminary and final plat as well as authorizing the signing of the PUD Agreement for New Sunrise Addition. Voting for: Larson, Fogarty, Donnelly. Voting against: Bonar,Bartholomay. MOTION CARRIED. • b) Financial Review March 2014 Financials -Finance Finance Director Hanson presented the 2014 first quarter financial report. We should be at 25%of budgeted revenues and expenses at this time. General fund revenues come from property taxes which will not be received until July. We are at 4%of budgeted revenues through the first quarter which represents$376,000. Permit revenue is ahead of expectations and$20,000 ahead of 2013. The number of permits issued this year is slightly more than 2013. The majority of the permit revenue is due to the library remodeling project. City Hall expenditures are ahead of budget due to natural gas. This is also the case with the Rambling River Center. Snow removal is already over budget and the March material and fuel invoices from the county have not yet been received. 8 Council Minutes(Regular) April 21,2014 Page 6 The fund balance overall has decreased$1.7 million. The balance is $1.3 million at the end of March. The fund balance has improved over the last two years. We will go negative in May or June and then return to a positive balance once property taxes are received. Ice rental revenue is $7,000 ahead of last year. This increase was due to offering open skating. Expenditures are ahead of last year due to purchasing new skates for open skating and the increase in natural gas bills. Staff is trying to get each fund to have enough cash to pay for its own bills. This year the arena,to date, accomplished that and did not have to do any inter-fluid borrowing. Liquor operations met their gross profit benchmarks of 25%. The annual benchmark for profit is 6.5%. They are at 4.3%for the first quarter which is the slowest quarter. They are ahead of 2013. Sewer fund expenses are less than budgeted, but higher than 2013 due to the increased fees to the Met Council for wastewater expenses. Solid waste revenues are similar to 2013 and expenses are less than budgeted. There is one less employee in this area and we are realizing the benefits of the recycling contract. Water consumption is down from 2013, however,revenues are up based on the new fee structure as of January 1, 2014. Expenses are$13,000 ahead of budget. We pumped 4 million gallons more of water and temperatures were colder compared to 2013. c) Sign Replacement Plan -Engineering The Federal Highway Administration has rules that require local authorities to have a plan in place by June 13,2014,that describes how they will manage sign reflectivity at or above the standards. There were several options to achieve this goal. Staff is recommending a combination of blanket replacement and expected sign life. City Engineer Schorzman has split the city into seven areas to accomplish this project. Area 1 was completed in 2013,and area 2 will be completed in 2014. The cost is approximately$10,000 per year. The budget for signs and striping is $15,000, but also pays for items outside of this program. The signs have an expected life of 10 to 12 years. Staff will be able to get through all areas in a seven-year cycle. As areas grow,they will be split into subsections and would be in a 12-year cycle. Mr. Steve Wilson, 5342 203`d Street W, stated this relates to his street sign in zone seven and was referring to the street name sign. City Engineer Schorzman stated this refers to stop signs and speed limit signs. We took care of warning regulatory signs the first year and if there were funds left over,we looked at street name signs and replaced the ones that looked bad. Mr. Wilson stated if this did include 9 Council Minutes(Regular) April 21,2014 Page 7 street name signs a seven-year plan may not be able to identify worn out signs such as his street name sign. MOTION by Fogarty, second by Bonar to approve this management method to ensure minimum sign retroreflectivity standards are maintained. APIF, MOTION CARRIED. d) Adopt Resolution—Approve Joint Powers Agreement Trail Crack Sealing- Engineering Trail crack sealing is not included in the joint powers agreement with Burnsville for seal coating. Therefore, Farmington and Lakeville will be working together through a joint powers agreement for trail crack sealing. Farmington will administer the contract(obtain bids, advertise for bids,prepare the contract). Each city will be responsible for their own inspections of the work and paying for the project. Responsibility for the contract administration will alternate each year. Both Councils will have to approve the bids each year. Council was pleased to see staff working with another city. Administrative costs would be staff time to prepare the contract and advertising for the bids. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R32-14 authorizing execution of the joint powers agreement with Lakeville for trail crack sealing and authorizing staff to solicit bids for the work. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Bonar: Noted the Veteran's Memorial Committee received a grant for$9,900 for the memorial project. City Administrator McKnight: Residents should have received the City News and Recreation Guide in the mail. It contains information on the Akin Park Estates project, Dew Days, curbside clean-up days, the SeeClickFix application, and how to pay utility bills online. The June 16,2014, Council meeting will not be televised due to equipment upgrades to the broadcasting equipment. City Engineer Schorzman: There is a pond in Dakota Estates where there have been issues with controlling the algae. Staff is trying a new system this year and neighbors have been notified. At least 50% of the people agreed they want this done. A Department of Natural Resources permit will be issued. 10 Council Minutes(Regular) April 21,2014 Page 8 Parks and Recreation Director Distad: Tree planting for Arbor Day will be held on April 25,2014,in Meadowview Park. The public is invited to attend. Farmington Elementary School will be helping to plant trees. Mayor Larson: Dakota County Library will be holding a shred fest this Saturday for residents who have documents to be shredded. Castle Rock Bank is sponsoring the truck. A wine tasting will be held Thursday at Celt's. He encouraged residents to shop local. Money spent here stays here. 14. ADJOURN MOTION by Fogarty, second by Donnelly to adjourn at 8:07 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 11 SCAJp ) COUNCIL MINUTES SPECIAL April 21, 2014 Council convened at 6:15 p.m. to interview two applicants for the Planning Commission. Present: Larson, Donnelly,Fogarty, Bonar(arrived 6:25 p.m.) Absent: Bartholomay Those interviewed were James Munson and Jerry Rich. Council recommended appointing Jerry Rich to the Planning Commission. Council adjourned at 6:40 p.m. Respectfully submitted, Cynthia Muller Executive Assistant 12 c- /ANIN : r 4-4111\147 t k �yc� City of Farmington 430 Third Street ;,: Farmington, Minnesota �8�� 651.280.6800•Fax 651.280.6899 •A PRo www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: School and Conference DATE: May 5, 2014 INTRODUCTION The National Recreation and Park Association(NRPA) is the national organization for Parks and Recreation professionals. In 2014,NRPA will be holding its annual conference in Charlotte, North Carolina from October 14-16. A discount on the registration fee is now being offered for early registrations. DISCUSSION The NRPA conference is an annual training opportunity in which session topics are presented by nationally known and recognized professionals in the field of parks and recreation as well as in other professional fields such as planning, landscape architecture and engineering. Breakout sessions include topics in such areas as: recreation programming, parks maintenance, management, natural resources, outdoor recreation, facility management, citizen advisory boards and aquatics. It is the premier training opportunity for parks and recreational professionals. The 2014 approved Park and Recreation Administration budget included$500.00 to cover the full conference package registration fee. The full conference package registration fee is$469.00. I am willing to cover all transportation, lodging and meal costs out of my own pocket while attending the conference. While this request is being made well in advance of the NRPA conference dates, I would like to have an opportunity to hopefully purchase airfare at a more favorable price since there is time to watch for airfare discounts that may occur. I will provide a summary of the various sessions I attended at the conference to the City Council upon my return to work. ACTION REQUESTED Approve by motion,the request from the Parks and Recreation Director to attend the NRPA conference in Charlotte,North Carolina from October 14-16, 2014, with the City covering the $469.00 full conference package registration fee and the Parks and Recreation Director covering the remaining conference costs. Respectfully submitted, Randy Distad Parks and Recreation Director 13 SCANW7 =o� �, City of Farmington (, �s 430 Third Street Farmington, Minnesota 1' 6 651.280.6800•Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement for Installation of Playground Equipment in Fairhills Park DATE: May 5, 2014 INTRODUCTION Staff solicited proposals from two contractors to install new Miracle Recreation, Inc. playground equipment in Fairhills Park. DISCUSSION Because the State of Minnesota now allows City's to be exempt from paying sales tax when playground equipment is purchased separately from the installation of the equipment, staff implemented this new process. The Park and Recreation Commission at its March 12,2014, meeting selected playground equipment from Miracle Recreation, Inc. to be purchased for Fairhills Park. Staff then solicited proposals from two contractors, Otto Landscaping, Inc. and Koolmo Construction, Inc. for the installation of the Miracle Recreation, Inc. playground equipment. Attached as Exhibit B is the Request for Quotes that was mailed to the two contractors. Because playground equipment is proprietary in nature, one of the minimum qualifications for the contractor hired to meet was to have previous experience installing Miracle Recreation, Inc. playground equipment. Staff had approached the playground equipment vendor to secure names of contractors who have previous experience installing the Miracle Recreation, Inc. playground equipment. Both contractors solicited had previous experience. Only one of the contractors solicited, Otto Landscaping, Inc., submitted a quote to install the playground equipment in Fairhills Park and is shown as Exhibit A. The quote submitted was $8,950.00.As a general rule of thumb based on past playground equipment installation charges, installation of playground equipment generally costs 20%of the cost of the playground equipment purchased. The playground equipment cost $50,000.00 to purchase. The quote submitted was just below 18%of the cost of the playground equipment, so just under what is typically the cost for installation. BUDGET IMPACT There was$70,000 approved in the 2014 Park Improvement Fund budget for the purchase and installation of new playground equipment, installation of a new concrete border around the 14 perimeter of the playground equipment and new wood mulch placed under and around the playground equipment. The following is an itemized list of project costs and the projected contingency/remaining project balance amount: Beginning Playground Installation Concrete Wood Fiber Projected Budget Equipment Cost Border Surfacing Material Contingency/ Amount Cost Budgeted Cost Budgeted Cost Remaining Amount $70,000 $50,000 $8,950 $7,500 $3,000 $550 ACTION REQUESTED Approve the attached agreement with Otto Landscaping, Inc. for the installation of new playground equipment in Fairhills Park. Respectfully submitted Randy Distad Parks and Recreation Director 15 '1 '1 SCANI \\Ji :ass AGREEMENT AGREEMENT made this ...5-71 day of ??-7 , 2014, between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and OTTO LANDSCAPING,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Contractor Proposal dated April 18,2014, attached as Exhibit"A." C. Request for Quote Installation of Fairhills Park Playground Equipment, attached as Exhibit`B". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"C" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid. 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or after July 7,2014,but no later than on or before August 31,2014. 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the City shall pay the Contractor $8,950.00. Such payment shall be made not later than thirty (30) days after completion,certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 8. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (11/2 %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work, the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to 169812 2 17 City on an annual basis during the aforementioned period; or if any reason Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and 169812 3 18 equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty y, and any warranty provided by law. 15. NONDISCRINIINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to defend,hold harmless, and indemnify the City, its officers, agents, and employees, for and against any and all claims, demands, actions, or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 17. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition, or obligation. 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 19. SEVERABILITY. If any provision, term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete, and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 169812 4 • 19 Dated: , 2014. CITY OF FARMINGTON By: Todd Larson, Mayor By: QeieU0 C vid McKnight, C ty dmi strator 169812 5 Dated: flp ci g' , 2014 CONTRACTOR: OTTO LANDSCAPING,INC. By: Pak, at Its: OLA)VU'!- 169812 6 EXHIBIT "A" [ATTACH PROPOSAL] • 169812 7 22 EXHIBIT "B" [ATTACH SPECIFICATIONS] • 169812 8 23 Fi e ,6,40 (.-f-- A-. yo�F iy, City of Farmington §.�'a` 430 Third Street Farmington,Minnesota "`k.1 651.280.6800•Fax 651.280.6899 '074PRmo°e www.cilarmingtonann.us SUBMITTAL OF QUOTE Submit your company's quote below for the installation of the Fairhills Park playground equipment. Your project quote should include all costs associated with the installation of the playground equipment. The deadline to submit your quote for the installation of the playground equipment in.Fairhills Park is on or before 10:00 a.m.Friday,April 4,2014. Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Contractor Submitting Bid: 04 Q,cA S cope, s Contact Person: c)-14,9 Address: 19'd/ ;// j QG4 444r 'vi V 5363 3 3 Work Phone Number: 657- V`7 - 6(49 r Email Address: le is C 1-tc) 3 G e • e Date Quote Submitted: V)/ "' / Fairhills Park Playground Equipment Installation Quote Amount: $ '9 'o. o o 24 /Oft/��, City of Farmington '� 430 Third Street X k" Farmington, Minnesota I`��'~ 651.280.6800•Fax 651.280.6899 oo,4r�1e www.ci.farmington.mn.us EXHIBIT B • REQUEST FOR QUOTE INSTALLATION OF FAIRHILLS PARK PLAYGROUND EQUIPMENT The Farmington Park and Recreation Department would like to invite you to submit a quote for the installation of new playground equipment in Fairhills Park. The Parks and Recreation Department is purchasing playground equipment from Miracle Recreation, Inc. and would like to contract with a contractor that has previous experience installing Miracle Recreation, Inc.playground equipment. Included with this request for a quote is the playground equipment design plan and map identifying where the park is located in Farmington. Please feel free to visit the park site. Also enclosed is a master plan for the park identifying the general location of where the playground equipment is currently located in the park. The deadline to submit your quote to install the playground equipment in Fairhills Park is on or before 10:00 a.m. on Friday, April 4, 2014. Quotes should be sent to the attention of Randy Distad. Please use one of the following methods to submit your quote: Mail: Farmington Parks and Recreation Department 430 Third Street Farmington, MN 55024 Email: rdistad @ci.farmington.mn.us In-person: City Hall 430 Third Street Farmington, MN 55024 Installation of the playground equipment can occur anytime on or after July 7 and must be completely installed on or before August 31, 2014. The City reserves the right to reject any and all quotes submitted, Please direct questions about this project to Randy Distad, Farmington Parks and Recreation Director either by phone at 651-280-6851 or via email at rdistad @ci.farmington.mn.us 25 INFORMATION FOR INSTALLATION OF FAIRHILLS PARK PLAYGROUND EQUIPMENT 1. The City shall perform the site work in preparation for the installation of the playground equipment including the removal of the existing playground equipment, concrete border(if needed based on the dimensions of the playground equipment), swings and the existing surfacing material. 2. The City shall perform the construction of a new border to the dimensions indicated in the playground concept plan submitted to the City. Installation of the border will occur after the playground equipment and swing sets have been installed. 3. The City shall be responsible for purchasing and immediately installing the surfacing material under and around the playground equipment and swing sets after they have been installed. The purchase and installation of the surfacing material should not be included with your quote. 4. The contractor hired must have previous experience installing Miracle Recreation,Inc playground equipment and must include at least three previous sites where playground equipment was installed by the contractor when submitting a quote. 5. Installation shall occur in accordance with the installation specifications provided by Miracle Recreation. Any installation alteration from the manufacturer's specifications shall be approved first by Miracle Recreation and then provided to the City in a written format before the installation alterations can be completed. 6. Insurance Requirements are as follows: The contractor's insurance company will waive its right to assert the immunity of the City as a defense to any claims made under said insurance. The contractor shall take out and maintain during the life of the contract, contractor's General Liability&Automobile Insurance, including contractor's Contingent or Protective Insurance to protect the contractor from damage claims arising for operations under this contract,which shall protect him or her and any subcontractor performing work covered by this contract, from claims for damages for personal injury including accidental death under this contract whether such operations by him or herself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of the insured shall be as follows: Worker's Compensation Insurance Coverage B—Employer's liability with limits of not less than: $100,000 Bodily injury by disease per employee $500,000 Bodily injury by disease aggregate $100,000 Bodily injury by accident The contractor and his/her subcontractors, if any, must provide Worker's Compensation Insurance for all employees, in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer's liability. Evidence of subcontractor insurance shall be filed with the contractor. Automobile Liability Insurance 1. Minimum limits of liability coverage for passenger vehicles such as car, van or pickup truck, unless it be being used to perform the service. 26 If vehicle is towing equipment or a commercial vehicle, and all other vehicles then liability limits shall be the same as required under General Liability Insurance,below. 2. Required Coverages The vendor and his/her subcontractors, if any, shall maintain insurance to cover liability arising out of the operations,use, or maintenance of all owned,non-owned and hired automobiles. Evidence of subcontractor insurance shall be filed with the vendor. General Liability Insurance Minimum limits of liability shall be as follows: • $2,000,000 Per Occurrence • $2,000,000 Annual Aggregate • $2,000,000 Annual Aggregate applying to Products/Completed Operations Insurance coverages should include the following: • Premises and Operations Bodily Injury and Property Damage • Personal and Advertising Injury • Blanket Contractual • City of Farmington listed as additional insured The vendor shall maintain insurance to cover claims, which may arise from operations under a contract with the City, whether such operations are by vendor or subcontractor or by anyone directly or indirectly employed under this contract. If vendor's work involves working with, or the potential release of, a hazardous substance,then the vendor shall be required to procure double the insurance policy limits of those above. CONTRACT INSURANCE REQUIREMENTS -SUPPLEMENTAL A sample Certificate of Insurance will be supplied to the vendor selected so they may provide it to their agent along with the insurance requirements identified in the Request for Proposal. Should your proposal be selected and the City contract with your company, this will make it possible for your agent to complete a certificate of insurance that will be in compliance with the specifications in the contract. An important requirement of the contract insurance is that the City be listed as"Additional Insured"by being added to your liability policy by endorsement. This endorsement must accompany the certificate and must be provided to the City prior to the Contractor beginning any work for the City. It may be mailed via regular U.S.mail or may be emailed to: Mailing address: Randy Distad City of Farmington 430 Third Street Farmington, MN 55024 Email address: rdistad@ci.farmington.mn.us 27 °`imviy�► City of Farmington g '� 430 Third Street Farmington,Minnesota G 651.280.6800•Fax 651.280.6899 •4 www.ci.farmington.mn.us SUBMITTAL OF QUOTE Submit your company's quote below for the installation of the Fairhills Park playground equipment. Your project quote should include all costs associated with the installation of the playground equipment. The deadline to submit your quote for the installation of the playground equipment in Fairhills Park is on or before 10:00 a.m. Friday, April 4, 2014. Company Information: The undersigned,being familiar with local conditions, having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof, hereby propose to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows, your company's information. Name of Contractor Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Fairhills Park Playground Equipment Installation Quote Amount: 28 �o�Fiy�p City of Farmington SCANN r �, '2 430 Third Street fix? Farmington, Minnesota '1�� 651.280.6800•Fax 651.280.6899 qST.A 140 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreements with The Toro Company DATE: May 5, 2014 BACKGROUND The Toro Company(Toro) assembles new mowing equipment annually and then conducts field tests at a variety of sites around the Unites States to measure performance of the equipment. DISCUSSIONBUDGET IMPACT For the past several years the City has had an agreement with Toro that allowed the City of Farmington(City)to use its equipment in City parks and right-of-ways at no cost to the City. Toro has once again approached the Parks and Recreation Department about allowing the City to use Toro's mowing equipment for testing purposes in 2014. Toro is willing to provide this equipment at no cost to the City in exchange for being able to use the City's parks and right-of- ways as sites for testing its equipment. Toro would benefit from the arrangement because it allows them to monitor and evaluate how the equipment performs in the field without having to acquire land on which to operate the turf equipment during the testing. Attached is the Product Test Agreement the City Council is being asked to approve. The Product Test Agreement identifies the parameters upon which the City will be allowed to use Toro's mowing equipment for testing purposes. The value of using Toro's equipment is estimated at$7,000 based on the type of equipment that has been provided in the past, but will ultimately depend on the length of time the equipment is actually used by City staff to mow City parks and right-of-ways. REQUESTED ACTION Approve by motion the Product Test Agreement with The Toro Company. Respectfully submitted, Randy Distad Parks and Recreation Director 29 • TORO® The Toro Company 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 Phone 952-888-8801 www.toro.com Fax 952-887-8258 PRODUCT TEST AGREEMENT (Signature Page) PRODUCT TEST AGREEMENT entered into between: TEST SITE City of Farmington Business Name 430 3rd Street Test Site Address Farmington, Mn 55024 City, State, Zip Code And TORO THE TORO COMPANY 8111 Lyndale Avenue South Bloomington, MN 55420 DURATION This agreement 5/1/2014 begins This agreement end 4/15/2015 The "Products" to be tested pursuant to this agreement shall be mutually agreed to by TEST SITE and TORO on a case by case basis. TORO and TEST SITE agree to the SPECIAL TERMS AND CONDITIONS attached as Addendum A and the STANDARD TERMS AND CONDITIONS attached as Addendum B. TOR TEST SITE Signature Signature Ron Eichten '7// Lc nr7 Name (Please Print) Name (Please Print) Manager, Product Evaluation c Title Title o/ Date Date Product Test Agreement Page 1 of 4 ADDENDUM A SPECIAL TERMS AND CONDITIONS No SPECIAL TERMS AND CONDITIONS unless specified below. Product Test Agreement Page 2 of 4 ADDENDUM B STANDARD TERMS AND CONDITIONS A. AGENCY The personnel of either party hereto shall not be construed in any way as agents of the other party nor may such personnel accept service of process for the other party. It is understood that TEST SITE shall be serving under this Agreement as an independent company, that the relationship of employer and employee shall not exist between TORO and TEST SITE hereunder,and that the parties shall not be eligible to participate in any benefits extended by the other party to its respective employees. B. SCOPE OF USE OF PRODUCTS TEST SITE personnel shall not use such Products for any purposes other than in the performance of their duties with TEST SITE on such premises which TEST SITE maintains from time to time,nor shall such personnel be permitted to use such Products on the premises of their private residences or those of their friends or relatives. TEST SITE shall limit and restrict the use of all such Products to such premises which it maintains from time to time,unless prior written approval from TORO is obtained. C. TAXES TEST SITE shall pay any taxes assessed or levied on such Products or for work performed while using such Products. D. SECURITY TEST SITE shall make a reasonable effort to ensure continuing security regarding such Products being operated and tested under the terms of this Agreement,and in this regard shall(a)post signs at all entrances to and in the vicinity of the maintenance area made available for TORO equipment and Products clearly stating"Restricted Area,Employees Only",or the equivalent;(b)make every effort to ensure that any proprietary equipment of TORO is moved into such TORO equipment and Product maintenance area when suppliers visit TEST SITE,and to keep them away from such area;and(c)instruct its personnel to exercise care in operating such Products so as to minimize the opportunity for any third party to become aware of the operating characteristics and features of such Products being tested. E. TRADEMARKS.TRADE NAMES AND PATENTS No TORO Product or name shall be altered by TEST SITE,except as required by local safety laws,regulations and interpretations, and with the written approval of TORO,nor shall any trademark,patent number,name plate or other markings thereon be removed or obliterated,nor shall anything be done which would in any way impeach or lessen the validity of such patents and trademarks. No trademark or trade name owned by TORO shall be used,either alone or with any other word or words,as part of TEST SITE'S trade or business name, without the advance written approval of TORO. Upon request by TORO,and in any event upon termination of this agreement,TEST SITE shall discontinue completely any use of TORO's trademarks or trade names for any purpose whatsoever absent a specific written agreement to the contrary. TEST SITE shall prohibit the use of TORO's trademarks and trade names by any other associate business of TEST SITE in the absence of TORO'S advance written approval. F. PROPRIETARY INFORMATION All information developed or received by TEST SITE in the course of providing services under this Agreement shall be the property of TORO. TEST SITE shall maintain such information as confidential and shall not use or disclose it to others except as required by law, including the Minnesota Government Data Practices Act. In the event of a data request relating to this Agreement,the TEST SITE shall notify TORO and cooperate in reviewing the request and protecting any security or trade secret rights of TORO in the data. TEST SITE,however, shall not be restricted from using or disclosing Information which(a)is or becomes available to the public other than by breach of this Agreement;(b)is in TEST SITE'S possession prior to the time of the disclosure to TEST SITE by TORO and was not acquired,directly or indirectly from TORO;or(c)Is made available to TEST SITE by a third party who has the legal right to do so. Upon request,TEST SITE shall return to TORO all documents or things in TEST SITE'S possession or control which record or reduce such information to tangible form,for example,memoranda,drawings,photographs,electronic records,computer programs,models,samples,etc. If TEST SITE must permit its employees,agents or associates to have access to TORO'S proprietary information to provide services under this Agreement,TEST SITE shall,at the request of TORO,identify these employees,agents or associates. Such employees,agents,or associates shall be given a copy of this Agreement by TEST SITE and they shall confirm that they agree to the terms and conditions of this Agreement by a document confirming such fact. TEST SITE,however,shall be and remain primarily responsible for the performance of all obligations assumed by such employees,agents,or associates. TORO'S sole remedies under this paragraph shall be termination of this contract or suit for injunction without claim for damages. G. EVIDENCE OF FINANCIAL RESPONSIBILITY TEST SITE shall provide certificates of insurance to The Toro Company evidencing state statutory workers compensation and general liability insurance with minimum coverage of two million dollars for the TEST SITE. The Toro Company shall provide a certificate of insurance providing general liability and products liability insurance with a minimum coverage of one million dollars for the TEST SITE for the period of the contract. Certificates of these insurances shall be sent within 30 days of the signing of this Agreement by both parties. TEST SITE shall send the certificate to:The Toro Company,Attention: Risk Management Department, 8111 Lyndale Avenue South,Minneapolis,Minnesota,55420. TEST SITE shall keep all such insurance coverage in force throughout the duration of this Agreement. Product Test Agreement 3 2 Page 3 of 4 H. AMENDMENT This Agreement may be amended only in writing signed by the parties hereto. SUCCESSORS This Agreement shall be binding upon and inure to the benefit of the parties hereto,their subsidiaries and divisions,whether wholly owned or otherwise,and their respective personal representatives,successors,and assigns. J. RENEWAL This Agreement may be renewed for successive one-year terms by mutual agreement of the parties prior to the expiration of the period already under this Agreement,and such renewal shall be documented by a written,duly executed"Renewal of Agreement"to be attached hereto. K. SEVERABILITY In the event any provision of this Agreement is held in any court of competent jurisdiction to be illegal or unenforceable by either party,or is held contrary to the laws of the jurisdiction,such provision shall be severed from this Agreement,and the remainder of this Agreement shall continue in full force and effect. L. NOTICE In the event of a lawsuit or claim brought against TEST SITE or its employees for damage which is alleged to have been caused through the use of a TORO product or component,TEST SITE shall provide TORO with written notice of such suit or claim within ten(10) days of TEST SITE'S receipt of notice of such suit. Any notice,payment,or statement required or permitted to be given or served upon either party pursuant to this Agreement shall be officially given or served and sent to such party by first class mail,postage prepaid,addressed to such party at the address identified in the preamble of this Agreement,or at such other address as one party shall designate by written notice given to the other party. M. TERMINATION This Agreement may be terminated by either party by giving written notice of termination to the other party sixty(60)days prior to the date at which such party elects to have such termination become effective.Notwithstanding such notice,any such termination shall not affect the rights or obligations of the parties hereto which accrue prior to the effective date of such termination. N. MERGER This Agreement sets forth the entire Agreement and understanding between the parties as to the subject matter thereof,supersedes any previous agreement,and merges all prior discussions and negotiations between them. No party shall be bound by and provisions or terms other than as are expressly provided in this Agreement,or as duly set forth on or subsequent to the effective date hereof in writing, signed by the party to be bound thereby,or by a proper and duly authorized representative of such party. O. WAIVER OF BREACH Waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. P. APPLICABLE LAW AND INTERPRETATION This Agreement shall be deemed to have been made in the State of Minnesota and shall be construed,interpreted,and applied in accordance with the laws of that State. This Agreement is subject to the provisions of the Minnesota Government Data Practices Act and subject to review by state audit.TEST SITE consents to the jurisdiction of any court of general jurisdiction located within the County of Dakota,State of Minnesota,with respect to any legal proceedings arising out of or related to this Agreement,and agrees that a mailing to its last known address by registered or certified mail of any process shall constitute lawful and valid service of process in any such proceeding, suit,or controversy. TEST SITE shall bring any legal proceeding arising out of or related to this Agreement only in the federal or state courts located in the County of Dakota and State of Minnesota. In the event TEST SITE institutes any legal proceedings in any other court,it shall assume all of TORO'S costs in connection therewith,including reasonable attorney's fees. The provisions of this paragraph shall survive the termination of this Agreement and shall be binding upon TEST SITE'S officers and directors. Q. PRODUCT TITLE TORO shall retain title to the Products provided to TEST SITE for testing pursuant to this Agreement. TEST SITE shall take reasonable care to avoid damage to Products beyond normal wear and tear;and TEST SITE shall return the equipment to TORO following the prescribed test(s),unless advised otherwise by TORO on a case by case basis. Product Test Agreement 33 Page 4 of 4 4§1 �� City of Farmington SCANW. 430 Third Street P .�,,�'X= Farmington, Minnesota , ,40,44, ��'' 651.280.6800•Fax 651.280.6899 C-. "tOsf' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation to the Rambling River Center DATE: May 5, 2014 INTRODUCTION A donation was recently received at the Rambling River Center from the Coffee Guys. DISCUSSION The Coffee Guys, which is a daily morning program at the Rambling River Center,purchased and donated eight new card tables to the Rambling River Center. The monetary value of the eight tables is$299.17. The tables donated by the Coffee Guys are used for programs, events and during fundraising activities. Staff will communicate on behalf of the City Council its appreciation of the donation of eight card tables given by the Coffee Guys to the Rambling River Center. ACTION REQUESTED Adopt the attached resolution accepting the donation made by the Coffee Guys of eight card tables valued at$299.17 to the Rambling River Center. Respectfully submitted, Randy Distad Parks and Recreation Director 34 CA. ? RESOLUTION NO. R33-14 ACCEPT DONATION OF EIGHT CARD TABLES VALUED AT $299.17 FROM THE COFFEE GUYS TO THE RAMBLING RIVER CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of May, 2014 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Fogarty Members Absent: None Member Bartholomay introduced and Member Fogarty seconded the following: WHEREAS, a donation of eight card tables valued at $299.17 has been made by the Coffee Guys to the Rambling River Center; and, WHEREAS, it is required by State Statute and in the best interest of the City to accept this donation. NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of eight card tables valued at$299.17 from the Coffee Guys to the Rambling River Center. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of May, 2014. Mayor Attested to this e day of May, 2014. 4' o City Administrator SEAL c.( 7 Ov, 4iNR49 City of Farmington y 'y 430 Third Street 'x-; Farmington, Minnesota 651.280.6800•Fax 651.280.6899 4'7 A PROOa www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Appointment to Planning Commission DATE: May 5, 2014 INTRODUCTION/DISCUSSION The City Council interviewed candidates for a vacant seat on the Planning Commission. The Council is recommending appointing Mr. Jerry Rich to the Planning Commission. The term of this seat is through January 31, 2016. ACTION REQUESTED Approve the appointment of Mr. Jerry Rich to the Planning Commission for the above stated term. Respectfully submitted, Cynthia Muller Executive Assistant 36 -8 C 14\ ' e �o�F iy�, City of Farmington 0 430 Third Street 1` w Farmington,Minnesota 10 651.280.6800•Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Temporary On-Sale Liquor License—Farmington Liquors DATE: May 5,2014 INTRODUCTION Farmington Liquors is requesting a Temporary On-Sale Liquor License for a wine tasting event to be held June 18,2014. DISCUSSION This event will be held at the Flavors of Farmington in the Rambling River Center parking lot, 325 Oak Street. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore, the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REQUESTED Approve the attached application for a Temporary On-Sale Liquor License for Farmington Liquors, for a wine tasting to be held at Flavors of Farmington, Rambling River Center parking lot, 325 Oak Street, on June 18,2014. Respectfully submitted, Cynthia Muller Executive Assistant 37 Minnesota Department of Public Safety 'k"fte � ALCOHOL AND GAMBLING ENFORCEMENT DIVISION ';>;; .; y,a 444 Cedar Street Suite 222,St.Paul MN 55101-5133 'v'41 • OF '' (651)201-7507 Fax(651)297-5259 TTY(651)282-6555 WW W.DPS.STATEIVALUS APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER -►C -o,A /,t '.L��- S 1?��5 a ®oz_' STREET ADDRE / CITY STATE ZIP CODE NAME OF PERSON �-c 7-4✓4,z.4 PLICATION BUSINESS PFIONE HOME PHONE ✓✓y�.0/J (651) f6 -63O ( ) DU• WILL BE SOLD TYPE OF ORGANIZATION T $c/ L s a .,....1111Thli Leyznat_� ORO ON OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area,describe i 4,) Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liabili insurance? If so,please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY /4 DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079(12/09) 38 • Nearc:4i /y City of Farmington 430 Third Street ti Farmington,Minnesota 651.280.6800•Fax 651.280.6899 4 moo www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Approve NovusAgenda License Agreement DATE: May 5,2014 INTRODUCTION This memorandum provides information regarding implementing the NovusAgenda meeting management solution by Novusolutions. DISCUSSION In our efforts to use technology to provide information efficiently and effectively, it is staff's recommendation to implement NovusAgenda, an electronic meeting management solution to create, approve, track and deliver meeting packets in an electronic format at any time to any electronic device. This solution also has the tools necessary to automate the creation of our minutes, track and record voting and motions and provides tools to Council members that include logging into the system from any device, viewing agendas and materials,and researching past agendas. Novusolutions offers a pilot program in which they will set up our system and go through two Council meeting cycles at no obligation to the City to purchase the product if it does not meet the City's expectations in meeting management. This is a fully functional version of NovusAgenda configured for our Council meetings. Once implemented, there is no limit to the number of meetings for which this software may be utilized. This means that we can have all the different boards and commissions utilize this meeting management software which will enable us to standardize the formats of our meetings, allow for multiple users and have better access to meeting materials. Furthermore, Novusolutions works closely with our electronic storage software, Laserfiche, so our data can be more easily transferred into Laserfiche for record retention and storage purposes. The cost of implementing this software is $8,700.00. This includes training costs of$750.00 and an annual fee of$7,950.00. Additionally,the City attorney has reviewed the attached software service contract. 39 BUDGET IMPACT The cost of this project will be paid for out of the Information Technology Budget fund balance. ACTION REQUESTED Approve the NovusAgenda licensing agreement. Respectfully submitted, Brenda Wendlandt Human Resources Director cc: File 40 Meeting Management Solution License Agreement :• �# �$ Manufactured By: timillir r � \ \ \' I 11 � \1 Novihso § 1 01 k Dale Mabry Hwy \ / 4 Suite 115 . . Tampa, FL 3361 { 1401",''! � } 40* } ] \ \ ! a . , } \ (\� 1 g e 2 4 %- ` m: \ 41 License Agreement THIS SOFTWARE LICENSE AGREEMENT(this"Agreement")is made and entered into by and between INOBBAR,L.L.C.,a Florida limited liability company doing business as NOVUSOLUTIONS("Licensor"),and the individual,company,institution or governmental entity signing this Agreement below ("Licensee"). The term "Licensee" shall also include Licensee's operating subsidiaries and divisions,if any. RECITALS WHEREAS,Licensor is the owner of that certain software program called NOVUSAGENDA. WHEREAS,the NOVUSAGENDA Software has been previously demonstrated to and accepted by Licensee;and WHEREAS, Licensor desires to grant the licenses provided herein, and Licensee desires to license and use the NOVUSAGENDA Software and any future enhancements of the NOVUSAGENDA Software on the terms and conditions specified herein; NOW,THEREFORE,based on the foregoing recitals and for and in consideration of the mutual obligations of the parties set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Licensor and Licensee hereby agree as follows: �. Definitions. As used herein,the following terms shall have the respective meanings set forth below: 1.1 "NOVUSAGENDA Software"shall mean any versions(including the current version)or any components of the NOVUSAGENDA software program in usable form and any Corrections, Updates and New Versions of such software furnished to Licensee. The term "NOVUSAGENDA Software" shall also include input and output formats, associated data structures and databases,graphical elements,narrative descriptions and operating instructions. 1.2 "Corrections"shall mean any subsequent,commercially released versions of the NOVUSAGENDA Software that Licensor,in its sole and absolute discretion,has released. 1.3 "Effective Date"shall mean the date set forth below next to the signature blocks of this Agreement. 1.4 "End User"shall mean a person employed by Licensee or engaged by Licensee as an independent contractor to provide services to Licensee,or an entity or group of entities which are directly or indirectly wholly-owned by Licensee,who or which uses Workstations on which are installed any component of the NOVUSAGENDA Software,but who or which does not have the right to copy,reproduce,sell,distribute or sublicense the NOVUSAGENDA Software or utilize the NOVUSAGENDA Software in any manner except in furtherance of Licensee's business. 1.5 "IP Rights" shall mean all intellectual property rights,including,without limitation,copyrights,patent rights, trade secrets,trademarks,service marks,trade dress and other similar property rights. 1.6 "New Versions" or "Updates" shall mean any subsequent, commercially released versions of the NOVUSAGENDA Software that Licensor,in its sole and absolute discretion,has released. 1.7 "Technical Support"shall mean the service provided that isolates an operational error or bug to a component level of the NOVUSAGENDA Software(provided such error or bug is reproducible by Licensee and/or Licensor and is not due to a malfunction in any other software or hardware)and,in such case,the use of commercially reasonable efforts to provide an error or bug correction or a circumvention. 1.8 "Workstation"shall mean any central processing unit owned by or leased to Licensee for Licensee's own use on which Licensee may use a copy of any component of the NOVUSAGENDA Software. 42 �. Grant of Licenses,Training and Support. 2.1 License to Licensee. Subject to the terms,conditions and restrictions set forth herein,Licensor hereby grants to Licensee for the term of this Agreement under any and all IP Rights owned or otherwise assertable by Licensor a non-exclusive,non- transferable,fully-paid,limited license to copy,use and modify the NOVUSAGENDASoftware and/or any component thereof,Including all Corrections,Updates and New Versions furnished to Licensee,for use on the Workstations of Licensee's End Users. 2.2 No Implied License;Limitations on Use. Licensee acknowledges and agrees that this Agreement in no way shall be construed to provide to Licensee any express or implied license to copy,reproduce, use,sell,distribute, prepare saleable derivative works based upon or sublicense the NOVUSAGENDA Software other than as expressly set forth in Section 2.1. Licensee expressly agrees not to take any of the foregoing actions or permit any of the foregoing actions to be taken by Its End Users. The NOVUSAGENDA Software shall be used solely in connection with Licensee's business. Licensee shall not use or permit or allow the use of the NOVUSAGENDA Software or any portion thereof in any other manner without the written consent of Licensor, which consent may be withheld at Licensor's sole and absolute discretion. If required by Licensor,the NOVUSAGENDA Software so distributed shall be limited by code in a manner to ensure that the NOVUSAGENDA Software can only be used on Licensee's Workstations. Licensee hereby assures Licensor that It does not intend to and agrees that it will not,without the prior written consent of Licensor and,if required,of all applicable governmental entities,including,but not limited to,the Office of Export Licensing of the U.S.Department of Commerce,transmit,directly or indirectly,the NOVUSAGENDA Software,or any component thereof,to:(a)any country outside the United States or(b)any national or resident thereof. Licensee further agrees that it will obtain,at its own cost and expense,any and all necessary export licenses for any such approved export or for any approved disclosure of the NOVUSAGENDA Software to a foreign national. 2.3 Technical Support. From the Effective Date of this Agreement until its expiration or earlier termination,Licensor will provide telephone support to Licensee (each party bearing their own telephone expenses) relating to the NOVUSAGENDA Software. Licensor's obligations with respect to Technical Support are contingent upon proper use and application of the NOVUSAGENDASoftware and do not apply to alterations or modifications of the NOVUSAGENDA Software not performed or approved by Licensor or to malfunctions due to subsequent modifications or alterations of any operating system or other software not supplied by Licensor. 2.4 Training. At Licensee's request and upon reasonable notice,Licensor shall provide training for the number of Licensee's personnel set forth on Exhibit A attached hereto and made a part hereof who are to be designated by Licensee. Licensee shall pay the reasonable travel expenses (airline ticket, hotel, meals,and local transportation)incurred by Licensor's training representatives if the training location is not within twenty-five(25)miles of a Licensor business office. Initial training and any additional training provided by Licensor during the term of this Agreement shall be provided at the rate(s)set forth on Exhibit A. 2.5 Corrections, Updates and New Versions of NOVUSAGENDA Software. From the Effective Date of this Agreement until its expiration or earlier termination,Licensor may,at its option and in its sole and absolute discretion,provide Licensee with New Versions,Corrections and/or Updates of the NOVUSAGENDA Software. If Licensor provides Licensee with Corrections, Updates or New Versions of the NOVUSAGENDA Software,such Corrections,Updates or New Versions shall be deemed part of the NOVUSAGENDA Software under this Agreement. �. License and Monthly Maintenance Fees;Charges;Payment. 3.1 License and Monthly Maintenance Fees. Licensee agrees and hereby undertakes to pay Licensor on or before the Effective Date and(if monthly license or maintenance fees are applicable)on or before the first day of each month thereafter while this Agreement is in effect the license and maintenance fees set forth on Exhibit A for the use of the NOVUSAGENDA Software during the term of this Agreement(such fees are together referred to as the"License Fee"). If applicable,monthly payments of the License Fee shall be deemed to be advance payments for that month's use of the NOVUSAGENDA Software. 43 3.2 Interest,Late Fees and Miscellaneous Charges. If any payment due Licensor pursuant to this Agreement is not made within thirty(30)days of the due date,Licensee shall pay interest with respect to such past due payment at the lesser of twelve percent(12%) per year or the maximum rate permitted by the law of the state where Licensee's principle place of business is located. Furthermore,if any payment due Licensor pursuant to this Agreement is not made within five(5)days of the due date,Licensee shall pay a late fee equal to Thirty-Five and No/100 Dollars($35.00). All applicable taxes(including,without limitation,sales and use taxes, but not including taxes imposed on the income of Licensor generally),shipping and other charges imposed as a result of the existence or operation of this Agreement are the responsibility of Licensee and Licensee agrees to pay Licensor such taxes and charges simultaneously with Licensee's payments in the method prescribed In Section 3.3. 3.3 Method of Payment. All payments under this Agreement shall be made in United States dollars by wire transfer of immediately available funds as directed by Licensor or by Licensee's check which shall be drawn in United States dollars upon a United States bank and delivered to Licensor's address listed in Exhibit A. IV. Representations and Warranties. Licensor makes the following representations and warranties solely for the benefit of Licensee,as a present and ongoing affirmation and covenant of facts in existence at all times under this Agreement: (I) Licensor has full power and authority to license the NOVUSAGENDA Software to Licensee under this Agreement; (ii) subject to the terms of this Agreement,Licensee and its End Users shall be entitled to full use and possession of the NOVUSAGENDA Software;and (iii) the NOVUSAGENDA Software supplied hereunder is produced and delivered in accordance with all applicable federal,state and local laws,rules and regulations as in effect on the Effective Date. V. Disclaimer of Warranties;Limitation of Liability. Except as otherwise provided In this Agreement,Licensor provides, and Licensee accepts,the NOVUSAGENDA Software in"as-is"condition;and LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES,CONDITIONS,OR REPRESENTATIONS(STATUTORY,EXPRESS OR IMPLIED, ORAL OR WRITTEN),WITH RESPECT TO THE NOVUSAGENDA SOFTWARE OR ANY PART THEREOF,INCLUDING,WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE,NONINFRINGEMENT,MERCHANTABILITY,ACCURACY,OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE(WHETHER OR NOT LICENSOR KNOWS,HAS REASON TO KNOW,HAS BEEN ADVISED,OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE),WHETHER ALLEGED TO ARISE BY LAW,BY REASON OF CUSTOM OR USAGE IN THETRADE OR BY COURSE OF DEALING. LICENSOR DOES NOT WARRANTTHATTHE FUNCTIONS CONTAINED IN THE NOVUSAGENDA SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE NOVUSAGENDA SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN CUSTOMER WITH RESPECT TO THE NOVUSAGENDA SOFTWARE OR ANY PART THEREOF. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS LICENSE AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL,INDIRECT,PUNITIVE OR SPECIAL DAMAGES,LOSS OF DATA,LOSS OF BUSINESS PROFITS,BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE NOVUSAGENDA SOFTWARE,EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 44 VI. Indemnity. Licensor will defend,indemnify and hold Licensee harmless from and against any claim,suit or proceeding to the extent such is based on a claim that the NOVUSAGENDA Software as furnished by Licensor to Licensee infringes any patent, copyright or other proprietary right of any third party. licensee will defend,indemnify and hold Licensor harmless from and against any claim, demand,suit,action,cause of action, loss, damage, liability,attorneys'fees and other costs and expenses incurred by Licensor as the result of any violation of this Agreement by Licensee or any of its directors,officers,employees,agents,representatives or contractors. In the event that a final injunction shall or in Licensor's opinion may be obtained against Licensee's use of the NOVUSAGENDA Software in any action for which Licensor must indemnify Licensee under this Section 6,Licensor may,at its option and expense and without being considered in default in the performance of its obligations under this Agreement,and as Licensee's sole remedy against Licensor for such infringement,either(i)procure for Licensee the right to continue using such NOVUSAGENDA Software;or(ii)replace such NOVUSAGENDA Software with non-infringing software of like quality and capabilities;or(iii)modify such NOVUSAGENDA Software so that it becomes non-infringing;or(iv)refund to Licensee the License Fees paid to Licensor by Licensee pursuant to Section 3 during the term of this Agreement less depreciation(five(5)year straight-line basis). These indemnities are subject to the indemnifying party receiving prompt notice of any such claim,suit or proceeding and being granted full authority to control the defense and/or settlement thereof. In no event shall Licensor's total liability to Licensee under this Section 6 exceed the License Fees paid to Licensor by Licensee pursuant to Section 3 during the term of this Agreement. THE FOREGOING STATES LICENSOR'S ENTIRE LIABILITY FOR THE NOVUSAGENDA SOFTWARE UNDER THIS LICENSE AGREEMENT. VII. Access To Licensee's Operations And Personnel. Licensee agrees to fully cooperate with Licensor and to provide Licensor all information and access to Licensee's personnel and operations during the days Monday through Friday,between the hours of 9:00 A.M.and 5:00 P.M.,or at such other times and days as may be mutually agreed to by the parties,in order to install and implement the NOVUSAGENDA Software and any enhancements and upgrades. VIII. Ownership. Licensee hereby acknowledges and agrees that the NOVUSAGENDA Software embodies and constitutes valuable IP Rights of Licensor, including, but not limited to, copyrights and trade secrets, and that except for the rights of use, modification and copying expressly granted to Licensee herein,Licensor now holds and shall retain all rights,title and interest to the NOVUSAGENDA Software,the tradename"NOVUSAGENDA"and such other trade names or trademarks as Licensor may from time to time by written notice permit or require Licensee to use in connection with any NOVUSAGENDA Software(such trade names and trademarks are collectively referred to as the"Product Name"),and any documentation with respect thereto, including,without limitation,title to all IP Rights with respect thereto. Upon termination of this Agreement,Licensee shall retain no rights of any nature with respect to the NOVUSAGENDA Software or the Product Name. Licensee shall not cause or allow the Product Name to be associated with any product other than the NOVUSAGENDA Software and shall not(during the term of this Agreement or at any time thereafter)create,copy,reproduce,use,distribute,promote,sell or sub-license any product(other than the NOVUSAGENDA Software • as expressly authorized herein)bearing the Product Name or any name confusingly similar thereto. IX. Term;Termination. 9.1 Term. This Agreement shall become effective as of the Effective Date and shall continue in effect until the earlier of:(I)the expiration date of this Agreement set forth on Exhibit A,if applicable(the"Expiration Date");provided,however,that the term of this Agreement shall be extended through and after the Expiration Date unless either party hereto gives at least ninety(90) days'notice to the other party prior to the effective date of such termination of its decision to terminate this Agreement;(ii)in the event that no Expiration Date has been selected and payment of a monthly License Fee is contemplated in Exhibit A,the date ninety (90)days after either party hereto gives notice to the other party hereto that it has elected to terminate this Agreement(which termination is not pursuant to Sections 9.2 or 9.3 hereof and which termination shall not create any liability on the part of the terminating party);or(iv)the date this Agreement is terminated in accordance with Sections 9.2 or 9.3. In the event that no Expiration Date has been set forth on Exhibit A and payment of a monthly(or other recurring)License Fee is not contemplated in Exhibit A,the term of this Agreement shall be perpetual unless terminated in accordance with Sections 9.2 or 9.3 45 9.2 Termination for Breach. Either party may terminate this Agreement in the event of a material breach of this Agreement by the other party,if such breach remains uncured thirty(30)days after receipt of written notice thereof from the non- breaching party (unless such breach cannot by its nature be cured, In which case the non-breaching party may terminate this Agreement by written notice immediately upon the occurrence of such breach). No such termination shall relieve Licensee's obligation to pay License Fees and miscellaneous charges accrued to the effective date of the termination for previously distributed copies of any component of the NOVUSAGENDA Software. Each party understands and agrees that it is responsible for ensuring compliance with this Agreement by its directors,officers,employees,agents,representatives or contractors,and that any breach or failure to comply with this Agreement by any of the foregoing shall be deemed a breach of this Agreement by such party. 9.3 Termination for Insolvency. This Agreement shall be deemed terminated immediately in the event that:(I) Licensee files a petition in bankruptcy,makes an assignment for the benefit of its creditors,petitions for the appointment of a receiver or trustee for all or a portion of Licensee's property,or dissolves or liquidates;or(ii)a petition for bankruptcy is filed against Licensee, or a receiver or trustee is appointed for all or a portion of Licensee's property. 9.4 Return of Materials. City has the right under this Agreement to make and store one copy of the most recent software update,and any supporting documentation,resources,files and materials provided by Novus. The parties agree that these materials remain the property of Novus but serve as security and consideration for the City entering into this Agreement. Upon the occurrence of any of the following events,ownership in these materials will be automatically released and transferred by Novus to the City: • Novus winds down its business or liquidates its business under a Chapter 7 Bankruptcy;or, • Novus discontinues to provide updates,maintenance or support to the City for reasons other than for the City terminating or failing to perform its obligations under this Agreement. City may continue to use the software under this provision indefinitely for its own purposes,but may not sell,sublicense or provide the software to any third party for any purpose. 9.5 Survival.The provisions of Sections 2.2,3.2,5,6,8,9.4,9.5 and 10 of this Agreement shall survive the termination of this Agreement. X. Attorneys' Fees to Prevailing Party. In the event of any litigation arising out of or relating to this Agreement or the breach,termination,validity or enforcement of this Agreement,the prevailing party shall be entitled to recover all costs and reasonable attorneys' fees incurred, including, without limitation, costs and reasonable attorneys' and paralegals' fees incurred in any investigations,trials,bankruptcies,appeals and collection efforts. XI. Assignment. Licensee shall not assign any of its rights under this Agreement nor delegate its duties hereunder to another person or entity without the prior written consent of Licensor,which consent may be granted or withheld in Licensors sole and absolute discretion.Any permitted assignment shall be subject to the permitted assignee or transferee agreeing in writing to comply with all the terms and restrictions contained in this Agreement. Any attempted assignment in violation of this Section shall be void. in addition to outright assignment,the following shall be deemed to be an attempted assignment of this Agreement:(i)the merger of Licensee with another entity,(ii)the sale or transfer of over fifty percent(50%)of Licensee's capital stock within any two(2)year period,(III)any transfer of this Agreement occurring by operation of law or(d)any similar transfer or transaction.This Agreement shall inure to the benefit of and be binding upon the parties hereto,their respective trustees,successors, permitted assigns and legal representatives. 46 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. DATED AS OF:, ?ce-5 ,2014 "Licensor" INOBBAR,L.L.C. D/B/A NOVUSOLUTIONS By: John Kercher,Its:Managing Partner "Licensee" c,y O1'Fc7PA-7;h a/) le/Lcr PS©h ,Its: /It,r o i ARMiy� City of Farmington Sly/4 `� * ; 1 0 430 Third Street �`.; X�xl;z Farmington,` Minnesota 651.280.6800•Fax 651.280.6899 '"""°%7 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Adopt Resolution Approving Bid and Payment for HD Telecast Equipment DATE: May 5, 2014 INTRODUCTION The purpose of this memorandum is to provide information regarding the upgrade to the HD telecast equipment. DISCUSSION The cities of Farmington, Apple Valley and Rosemount have worked jointly to request proposals to replace and/or upgrade our telecast equipment used for cablecasting city meetings. The City of Apple Valley,as the fiscal agent for the Cable Commission,has acted as the lead agent for the three cities on this project and has conducted the public bidding process. The attached resolution provides the authorization to accept the bid and to remit payment for the equipment to the City of Apple Valley upon adoption of this resolution and to remit further payment for the City's portion of the non-capital and labor cost upon receiving an invoice for those costs. The successful bid and the equipment list for Farmington are also attached as part of the resolution. BUDGET IMPACT The City's portion of the cost of this project is $151,380.00, which is less than projected, and is provided for in the Cable Communications Fund budget. This budget is funded through franchise and PEG (Public, Education, and Government) fees collected through the City's franchise agreement with Charter Communications. ACTION REQUESTED The action requested is for Council to approve the attached resolution approving the bid and subsequent payment to the City of Apple Valley for upgrade and replacement of the HD Telecast System. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director 48 CITY OF FARMINGTON SCANNED RESOLUTION NO.R34-14 A RESOLUTION APPROVING BID AND PAYMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of May 2014 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Fogarty Members Absent: None Member Bartholomay introduced and Member Fogarty seconded the following: WHEREAS, the City of Farmington entered into a Joint Powers Agreement, pursuant to its authority under Minn. Stat. §§ 471.345 and 471.59, with the cities of Apple Valley and Rosemount to: (1) obtain new equipment and parts and corresponding labor for each city's control room(s) and room(s) connected to the control room(s) in their respective administrative buildings and (2) equally share the non-capital and labor costs related to installing and connecting the new equipment and parts ("Agreement"); WHEREAS, the City of Apple Valley is responsible for the public bidding process in accordance with the Agreement; WHEREAS,the public bid period closed on April 28, 2014; WHEREAS, the lowest bid was submitted by Alpha Video and Audio, Inc. (identified as Alpha Video & Audio on the bid form) of 7711 Computer Avenue, Edina, MN 55435 and a copy of this bid is attached to this Resolution as Exhibit A; and WHEREAS, in the Agreement and as part of the public bid, the City of Farmington requested the equipment set forth in Exhibit B attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Farmington, Dakota County, Minnesota, that the City Council authorizes the City of Apple Valley to accept the bid attached to this Resolution as Exhibit A. BE IT FURTHER RESOLVED, that the City Council authorizes the City of Farmington to remit payment in the amount of$151,380.00 to the City of Apple Valley for the cost of the equipment listed in Exhibit B within thirty (30) days of this Resolution and to remit payment to the City of Apple Valley for its one-third share of the non-capital and labor costs within thirty (30) days of receiving an invoice therefor. ADOPTED this 5th day of May, 2014. Todd Larson, Mayor Attested to the 44 day of May 2014. ..,{yre David McKnight, City Atanistrator SEAL BIDDER: .Alpha Video&Audio 7711 Computer Ave S.Edina MN 55435 PROPOSAL FORM-BID COPY-REVISED APRIL 24,2014 Mi ouh/Account Manager CITY OF APPLE VALLEY HIGH-DEFINITION VIDEO AND AUDIO TELECAST SYSTEMS PROJECT I., i?-,........._ To the City of Apple Valley: Did Furrier/Controller _" The undersigned,having studied the Contract Documents,being familiar with local conditions,having made the field inspections and investigations deemed necessary,and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor,tools,materials,skills,equipment,and all else necessary to complete Project,High-Definition Video and Audio Telecast Systems. The undersigned,has examined and carefully studied the following Addenda,receipt of which is hereby acknowledged: Addendum No, Addendum Date I 4/23/2014 2 4/24/2014 The undersigned Bidder understands the quantities of Work as shown herein are subject to increase or decrease,and proposes to do the Work whether the quantities are increased or decreased at the unit price stated in the following schedule of prices.The unit price as bid shall constitute compensation in full for the respective items. The Excel version of this bid Proposal Fonts includes separate Equipment Lists for each city's telecast system containing self- tabulating fields that calculate the Extended Price,Sub-Totals and Totals amounts.The Alternate section at the end of this proposal form also contains self-tabulating fields for the 3 city total amount and the total after deducting the adjusted Rosemount amount. However,it is the Bidder's responsibility to ensure that all price amounts quoted in the Proposal Form are accurate. PROIECI'12034 TELECAST SVSTEM UPGRADE EQUIPMENT ENT(APPLE-VAtLEYI -'• SECTION 1:CAMERAS .. ID':'Manufacturer • Model- • Description qty Ust Price ' Eut Uut Price Substitute Function • 1-A Panasonic AW-HE120W _Pansonlc HD PTZ Camera 5 $ 8,035.00 $ 40,175.00 N/A HO Cameras 1-B Panasonic AW-SVCMRCXWIY Panasonic Extended Warranty-l year 5 $ 220.00 $ 1,100.00 N/A Camera Warranty Extension-(Year 2) 1-C Panasonic AW-RP120 Panasonic Remote PTZ Camera Controller 1 $ 4,415.00 $ 4,415.00 N/A _Camera Control-Zoom,Move,etc. __ 1.0 Panasonic AW-SVCLECXWIY Panasonic Extended Warranty-1 year 1 $ 125.00 $ 125.00 N/A Controller Warranty Extension-Year 2) 1-E Altronix R615DC1016 Altronlx Rack Mount Power Supply 1 $ 230.00 $ 230.00 N/A Provides paver to cameras. 14 Wolfvision EYE-12 Wolfvision Live Image Camera 1 $ 3,500.00 $ 3,500.00 N/A Overhead Document Camera SECTION 2:PRODUCTION SWITCHER - - - . 2-A (Broadcast Pk MC-1000 Broadcast Pin Mica 1000 1 $ 20,455.00 $ 20,455.00 Production Swltcher B 2- Broadcast Pia 28 Broadcast Pia Tally Box 8 1 $ 620.00 $ 620.00 N/A adds 8 tally relay closures 2•C Broadcast Pin 802 Broadcast Pix Software License-Panasonic Cam Control 1 $ 840.00 $ 840.00 N/A Panasonic Camera Control 2-D Broadcast Pix 126 Broadcast Pix Software License•Additonal Keys 1 $ 885.00 $ 885.00 N/A Adds keyers 4,5,&6 2.E Broadcast Pia 140 Broadcast Pia Software License-Advanced Keyers 1 $ 885.00 $ 885.00 N/A Increases chrome&luminance Keys to 8 2-F Broadcast Pin 241 Broadcast Pix Rack Rails 1 $ 85.00 S 85.00 N/A Rack rails to for swkcher support 2-G Broadcast Pk 601 Broadcast Pix Onsite MFG Training 3 $ 1,765.00 $ 1,765.00 N/A Onsite MFG training for operators 2-H Broadcast Pia 726 Support renewal:Mica and bundled options _ 1 $ 1,820.00 $ 1,820.00 N/A Extended Warranty 2-I Broadcast Pk 727 Support renewal:Control Surface 1 $ 525.00 $ 525.00 N/A Extended Warranty SECTION 3:NETWORK AND KVM 3-A HP 2EO06ANABA HP 24 Port 10/100/1000 Ethernet Switch _ $ 195.00_5 295.00 Cisco SRW224G4-K9-NA Network connectivity for equipment. 3-B IOGEAR GC51808KITU IO3EARB Port KVM Switch 1 $ 305.00 $ 305.00 N/A KVM for switch er&streaming server SECTION 4:TERMINAL EQUIPMENT 4-A Ross Video 003-FR-CN Ross Video Opengear slot frame 1 $ 1,455.00 S 1,455.00 Cobalt Digitale321-CNS Card frame for distribution amplifers 4-B Ross Video HDC-0222A-82 Ross Video HD Down Converter&Distribution Amplifier 1 $ 2,150.00 $ 2,150.00_Cobalt Digital RM20-9621-A Program output distribution amplifier 4-C Ross Video TRA-8206-R2 Ross Triple HD-SDI Distribution Amplifier 3 $ 750.00 $ 2,250.00 Cobalt Digital RM20-9006-A Camera distribution amplifier 4-D Ross Video ADC-67320-S-R2 Ross Analog to Digital Converter w/Frame Sync 1 $ 1,565.00 $ 1,565.00_ Cobalt Digital RM1O-SoK1.8 Input card from presentation systems. 4-E Ross Video ADA-8405-C-02C Ross Analog Audio Distribution Amplifer 2 $ 360.00 $ 720.00 Cobalt Digital RM20-9241-B Program audio distribution amplifier. 4-F Ross Video UDA-8705A-R2 Ross Analog Video Distribution Amplifier 2 $ 235.00 $ 470.00 Cobalt Digital RM20-92324$ Program video&genlock distribution. 46 Kramer 1616HD-30 Kramer 1646110-501 Matrix 1 $ 2A00.00 $ 2,400.00 N/A Switch for waveform&vector scope 4-H MA GEN-10 AMA HD/SD Sync Generator 1 $ 290.00 $ 290.00 N/A Sync generator. 44 Kramer VS-24XL Kramer 2:l Audio Videoiwitcher 1 $ 310.00 $ 310.00 N/A On air switch. 4-1 Kramer VM-30AVB Kramer 3:1 Video&Stereo Audio Distribution Amplifier 1 $ 15000 $ 150.00 N/A Cable program distribution amplifier. 4-K Kramer - RK•1 Rack Kit for Kramer V5.34XL Audio Video Switcher 1 $ 60.00 $ 60.00 N/A Kramer switcher&DA reckmount hardware. SECTION St MONITORS 5-A Marshall V•R653P-HO50I Marshall Triple 6.5"Serial Digital HD/SD Monitor 2 $ 3,065.00 $ 6,130.00 N/A Monitors at camera position 5•B Marshall V•R5710-DLW Marshall 17"Monitor w/Waveform&Vector Scope 1 $ 3,295.00 $ 3,295.00 N/A Waveform Vector monitor at camera ops. S.0 Dell U2412M Dell Ultrasharp 24"Monitor 2 $ 310.00_$ 620.00 N/A Monitors for Multislewer&CO. 5-0 Middle Atlantic RM-LCD-PNK Middle Atlantic 2SP Rackmount Panel w/Tilt Mount 2 5 95,00 5 190.00 N/A N/A SECTION Bt RECORDERS 6-A Data Video HDR70 Data Video HD/SD HDD Recorder 2 I$ 1,690.00 S 3,380.00 I N/A IHD&SD HOD recorders, 6-B NC 58.80250005 NC Rio-Ray HO/SD Recorder w/HOD 1 $ 3,280.00,$ 3,280.00 N/A Backup phslcal media recorder. SECTION 7:AUDIO EQUIPMENT 7-A Marshals AR-DM21 Marshall Audio Monitor Frame 1 $ 1,820.00 S 1,820.00 N/A Audio monitor for decks&broadcast. 7-B Marshal ARDM-HDSDI Marshall SD/HD SDI Input Module 3 $ 410.00 $ 1,230.00 N/A SDI inputs for audio monitor. 7-C Marshall ARDM-AA•IXLR Marshall Analog Audio Input Module 1 $ 410.00 $ 410.00 N/A Analog inputs to audio monitor. 7-D Samson SM10 Samson Line/Mk Miner 10 Channels 1 S 175.00 $ 175.00 N/A Broadcast audio mixer. 7-E Bane AD225 Rene Audio Delay Unit 1 $ 710.00 $ 710.00 N/A Delays audio to match digital video SECTIONS:RACKS AND ACCESSORIES 8-A Middle Atlantic SC-14274217BK Middle Atlantic Convective Series Base Console 3 $ 730.00 $ 2,190.00 N/A Required due to width. O'B Middle Atlantk 5PN-1427-12170K Middle Atlantic Convective Series Side Panels(Petri _ 1 $ 300.00 $ 300.00 N/A Side Panels for console 8-C Middle Atlantic W53-518•GBF Middle Atlantic Work Surface 1_$ 480.00 $ 480.00 N/A Work Surface e-D Middle Atlantic SC•TK Middle Atlantic Toe Kick 3 5 35.00 S 105.00 N/A Toe kicks at rack bottom 8.0 Middle Atlantic SC-CBS-27 Middle Atlantic Caster Baur 3 $ 120.00 5 360.00 N/A Casters to move console for maintinance, 8.F Middle Atlantic GANG•10 Middle Atlantic Rack Gang Kit 1 $ 15.00 5 15.00 N/A Hardware to gang racks together. SECTION It POWER DISTRIBUTION AND BUMP 9-A APC SURTA2200XL APC Smart-UPS 2200VA 120 3 $ 1,110.00 5 3,330.00 N/A Prevents power lnteruptlon/loss. 9.11 APC AP9631 APC Net Management Card w/Envlromental Monitoring 3 $ 375.00 5 1,125.00 N/A Notifications of power loss&temp 9-C Middle Atlantic PD-RISSC-NS Middle Atlantic 8 Outlet Vertical Power Strip 3 `$ 55.00 $ 165.00 N/A Power distribution to racks. 9-D Middle Atlantic PD5.6156 Middle Atlantic Rack Mount Power Strip w/Sequencing -3 $ - 305.00 5 915.00 N/A Remote power strip. 94 Middle Atlantic S-DEC Middle Atlantic Sequencer Remote Switch 3 $ 55.00 $ 165.00 N/A Switches for remote power strip. 94 Middle Atlantic DECP.1 4 Middle Atlantic Decors Rack Panel For Switches 1 $ 20.00 S 20.00 N/A Panel for remote power strip switches. 2014 TELECAST SYSTEM UPGRADE EQUIPMENT UST(APPLE VALLETj'F•:,:- - . Sub40t31 A S -;120,155.00• rtupnwl to,,.DW Copy•Rooted Aryl 24.2014 VII OfApple Valley Ibgh•Ilvliruluxs Vnkv,And AoJw Tdaax S1+nnsa IM3 49 SECR0N10;81lcellaneousMaterlal =- - F 1D - - :-Desalption - Price 10-A Miscellaneous Material and Freight 5 14,875.00 $ 14,875,00 10-8 Performance Bond $2,495.00 $ 2,495.00 .: "Mlscellaneous Materia)'SecHOn10: u6TotalB $ :17,370.00 SECTION llthittallpdon and integration Labor- - .' -- - lD _ .Description - - - Price 11-A Installation and Integration Labor $18,365.00 $18,365.00 Installation and Integration Labor Section 11:Sob-Total C $ 18,365.00 SECTION 20:Total EQUIPMENT&INSTALLATION COST WORKSHEET:APPLE VALLEY HIGH.DEFINITION VIOEO AND AUDIO TELECASTSYSTE5 .Tota1:A,B;&'C$ 155,990.00 PRQJE4T72D14TELECAST SYSTEM UPGRADE EQUIPMENT LIST(FARMINGTON) SECTION 31.CAMEfAS - - - . • ••5r70„4`;Manitfacturer Model Description Qty List Price Eo't.List Price Substitute •Function 1-A Panasonic AW-HE120W_Pan sonic HD PTZ Camera 5 $ 8,035.00 $ 40,175.00 N/A HD Cameras 1-8 Panasonic AWSVCMRCKWIY Panasonic Extended Warranty-lyear _ 5 $ 220.00 $ 1,100.00 N/A Camera Warranty Extension•(Year 2) 1-C Panasonic AW-RP120 Panasonic Remote PTZ Camera Controller 1 $ 4,415.00 $ 4,415.00 N/A Camera Control-Zoom,Move,etc. 1-0 Panasonic AW-SVCLECXWSY_Panasonic Extended Warranty•l year 1 $ 125.00 $ 125.00_ N/A Controller Warranty Extension•(Year 2) 1-E Akron& R615DC1016 Altronix Rack Mount Power Supply 1 $ 230.00 $ 230.00 N/A Provides power to cameras. SEC f10N2pPA00UCTIONSh 6101109 - - .. _ 2-A Broadcast Pk MC-1000 Broadcast Pix Mica 1000 1 $ 20,455.00 $ 20,455.00 N/A Production twitcher 2-B Broadcast Piz 28 Broadcast Pix Tally Box 8 1 $ 620.00 $ 620.00 N/A adds 8 tally relay closures 2-C Broadcast Pix 802 Broadcast Pix Software license•Panasonic Cam Control 1 $ 840.00 $ 840.00 N/A Panasonic Camera Control 2-0 Broadcast Piz 126 Broadcast P&Software License-Additonal Keys 1 $ 885.00 $ 885.00 N/A Adds keyers 4,5,&6 2-E Broadcast Pix 140 Broadcast Pa Software License-Advanced Keyers 1 $ 885.00 $ 885.00 N/A Increases chroma&luminance Keys to8 2-F Broadcast Pix 241 Broadcast Pix Rack Baits 1 $ 85.00 $ 8100 N/A Rack rails to for switcher support 2-G Broadcast Pix 601 Broadcast Pin Onsite MFG Training 1 $ 1,765.00 $ 1,765.00 N/A Onsite MPG training for operators 2-H Broadcast Pix 726 Support renewal:Mica end bundled options 1 $ 1,820.00 $ 1,820.00 N/A Extended Warranty 2-i Broadcast Pix I 727 Support renewal:Control Surface 1 $ 525.00 $ 525.00 N/A Extended Warranty SECTION 3:HETWORB ANDKVM... .. - • 3-A HP I 1E006APABA IHP 24 Port 10/100/1000 Ethernet Switch i 1 $ 295.001 S 295.00 Cisco 5RW224G4-K9-NA 'Network connectivity for equipment. 3-B IOGFAR GC51808KITU *GEARS Port KVM Switch 1 $ 305.00 $ 305.00 N/A KVM for switcher&streaming server SECTION}7E1{MINAE EQUIPMENT . ... -. ... _ 4-A Ross Video 053-FR-CN Ross Video Opengear slot frame 1 $ 1,455.00 $ 1,455.00 Cobalt Digital 8321-CNS Card frame for distribution am pilfers 444 Ross Video HDC-8222A-R2 Ross Video HO Down Converter&Distribution Amplifer 1 $ 2,150.00 $ 2,150.00 Cobalt Digital RM20.9321-A Program output distribution amplifier 4-C Ross Video TRA-B206-B2 Ross Triple HD-SDI Distribution Amplifier 3 $ 750.00 $ 2,250.00 Cobalt Digital RM20.9006-A Camera distribution amplifier 4-D Ross Video ADC-8732&5-R2 Ross Analog to Digital Converter w/Frame Sync 1 $ 1,565.00 $ 1,565.00 Cobalt Digital RM20.9061-B' input card from presentation systems. 4-E Ross Video ADA-8405-C-R2C Ross Analog Audio Distribution Amplifer 2 $ 360.00 $ 720,00 Cobalt Digital RM20•9241-B Program audio distribution amplifier. 4-F Ross Video UDA•8705A-R2 Ross Analog Video Distribution Amplifier 2 $ 235.00 $ 470.00 Cobalt DigitalRM20.9232-B Program video&genlock distribution.. 4-G Kramer 1616HD-3G Kramer 16016 HD-SDI Matrix 1 S 2,400.00 $ 2,400.00 N/A Switch for waveform&vector scope •H AlA GEN-10 AIA HD/SD Sync Generator 1 $ 290,00 $ 290.00 N/A Sync generator. SECTIONS:MONITORS - - .- S-A Marshall V-R653P-HDSDI Marshall Triple 6.5"Serial Digital HD/SD Monitor 2 _$ 3,065.00 $ 6,130.00 N/A Monitors at camera position 5-B Marshall V-R171X•DLW Marshall 17"Monitor w/Waveform&Vector Scope _ 1 5 3,295.00 $ 3,295.00 N/A Waveform Vector monitor at camera ops. S-C Dell U2412M Dell Ultrasharp 24"Monitor 2 $ 310.00 $ 620.00 N/A Monitors for Multto ewer&CG. 5-0 Middle Atlantic RM-l.CD•PNK Middle Atlantic 2SP Rackmount Panel w/Tilt Mount 2 $ 95,00 $ 190.00 N/A N/A SECTION 8:RECORDERS- ' 5-A 'Data Video HDR55 Data Video HD/SDHDD Recorder 2 $ 1,690.001$ 3,380.00 N/A IHD&SD HOD recorders. 6-B NC SR-HD25000S NC BIu•Ray HD/SD Recorder w/HOD 1 5 3880.00 $ 3,280.00 N/A Backup phsical media recorder. SECTION 7:AUDIO EQUIPMENT -7-A Marshall AR-DM21 Marshall Audio Monitor Frame _ 1 $ 1,820.00 S 1,820,00 N/A Audio monitor for decks&broadcast. 7-8 Marshall ARDM.HDSDI Marshall 5D/H0 501 Input Module 3 $ 410.00_$ 1,230.00 N/A SDI Intputs for audio monitor. 7-C Marshall ARDM-AA•DXLR Marshall Analog Audio Input Module 1 $ 410.00 $ 410.00 N/A Analog inputs to audio monitor. 7-D Samson 5M20 Samson Line/Mic Mixer 10 Channels 1 5 175.00 $ 175.00 N/A Broadcast audio mixer. . 7-E Ran* A0225 Rant Audio Delay Unit 1 $ - 710.00 5 710.00 N/A Delays audio to match digital video SECTION B:RACKS AND ACCESSORIES 8-A Middle Atlantic SC-142742170K Middle Atlantic Convective Series Base Con sole 3 5 730.00_$ 2,190.00 N/A Required due to width. 8-B Middle Atlantic SPN-1421421713K Middle Atlantic Convective Series Side Panels(Pair) 1 $ 300.00 5 300.00 N/A Side Panels for console 8-C Middle Atlantic W53418-GBF Middle Atlantic Work Surface 1 5 480.00 $ 480.00 N/A Work Surface 8-D Middle Atlantic SC-TO Middle Atlantic Toe Kick 3 $ 35.00 $ 106.00 N/A Toe kicks at rack bottom 8-E Middle Atlantic SC-CBS-27 Middle Atlantic Caster Base 3 S 120.00 $ 360.00 N/A Casters to move console for malntinance. 8-F Middle Atlantic GANG-10 Middle Atlantic Rack Gang Kit 1 $ 15.00 $ 15.00 N/A Hardware to gang racks together. SECTIONS:POWER DISTRIBUTION AND BACKUP 9-A APC SURTA2200XL APC Smart-UPS 2200VA 120 3 $ 1,110.00 $ 3,330,00 N/A Prevents power interuption/loss. 9-B APC AP9631 APC Net Management Card w/Envirosnental Monitoring 3 $ 375.00 S 1,125.00 N/A Notifications of power loss&temp 9-C Middle Atlantic PD-81550-NS Middle Atlantic 8 Outlet Vertical Power Strip 3 $ 55.00 S 165.00_ N/A Power distribution In racks. 9-D Middle Atlantic P05.615R Middle Atlantic Rack Mount Power Strip w/5equencing 3 5 305.00 $ 915.00 N/A Remote power strip. 9-E Middle Atlantic 5-DEC Middle Atlantic Sequencer Remote Switch 3 $ 55.00 $ 165.00 N/A Switches for remote power strip. 9-F Middle Atlantic OEC1,104 Middle Atlantic Decor.Rack Panel For Switches 1 $ 20.00 $ 20,00 N/A Panel for remote power strip switches. 1014TELECAStSySTEMUPGRADE EQUIPMENT LIST(FARMINGTON) - -Nib-TotalA -. .$ 316,235.00" SECTION 10:Miscallsneoue Material ID Description Price 10-A Miscellaneous Material and Freight 514,605.00 514,605.00 10-S Performance Bond $2,435.00 $2,435.00 . - • '. Miscellaneous Material Settlon1Of Sptr791a18-S'.• 17,040dT SECT10N 11:installation and Integration Labor ID I Description I - I Price 11-A Installation and Integration Labor $18,105.00 516,105.00 _ ",(Rd614YkttatNll"rjlgraUyFal-Rbot rf hNVITI:Si16Abtal C S .;1t103210; SECTION 12:Total EQUIPMENT&INSTALLATION COSTWORR SHEET;`fARMINGTONAIGN•DEFININONMOCOANO AUDIO TELECASTSYSTEr Total:A;gi C S 1S1,330,00' (PR'O3ECT LJ01 47EtRUST.$5$TE MUPGUDgBQUIPM0Nf'tiSTIROSEMOUNt) - .. . ': -:�f:.-) Pnxxwl Poe n r•Ild Cops-kesoed Alxd 2-1.20 1.1 rap rH Apple Valley NIA ar8uttau Velar And Audio Tele,.s Syuen:s 2 el3 50 SECTION 1:CAMERAS.- - _ •- . ID Manufacturer Model :,Desorption. : any List Price-.:' Ext.List Price . • Substitute , • Function 1-A Panasonic AW-HE320W Pansonic HD PIZ Camera 4 $ 8,035.00 $ 32,140.00 N/A HD Cameras 1-B Panasonk AWSVCMRCKWIY Panasonk Extended Warranty-1 year 4 $ 220.00 $ 880.00 N/A Camera Warranty Extension-(Year 2) 1-C Panasonic AW-RP120 Panasonic Remote PTZ Camera Controller 1 $ 4,415.00 $ 4,415.00 N/A Camera Control-Zoom,Move,etc. 1-13 Panasonic AW-SVCLECXWIY Panasonic Extended Warranty-l year _ 1 $ 125.00 $ 125.00 N/A Controller Warranty Extension-(Year2) 1-E Altronix R615 DC1016 Altronlx Rack Mount Power Supply 1 $ 230.00 $ 23000 N/A Provides power to cameras. 1-F Wolfvislon EYE-12 Wolfvision Live Image Camera 2 $ 3,500.00 $ 7,000.00 N/A Overhead Document Corners 2-A Broadcast Pin MC-1000 Broadcast Pix Mica 1000 1 $ 20,455.00 $ 20,455.00 N/A Production Switcher 2-B Broadcast Pix 28 Broadcast Plx Tally Box 8 1 $ 620.00 $ 620.00 N/A adds Stally relay closures 2-C Broadcast Pix 802 Broadcast Plc Software License-Panasonic Cam Control 1 $ 840.00 $ 840.00 N/A Panasonic Camera Control 2-D Broadcast Pix 126 Broadcast Pix Software License-Additonal Keys 1 $ 885.00 $ 885.00 N/A Adds keyers 4,5,&6 2-E Broadcast Pix 140 Broadcast Pie Software License-Advanced Keyers 1 $ 885.00 $ 885.00 N/A Increases chroma&luminance Keys to 8 2-F Broadcast Pix 241 Broadcast Pix Rack Rails 1 $ 85.00 $ 85.00 N/A Rack rails to for switcher support 2-G Broadcast Pix 601 Broadcast Pix On site MFG Training 1 $ 1,765.00 $ 1,765.00 N/A Onsite MFG training for operators 2-H Broadcast Pix 726 Support renewal:Mica and bundled options 1 $ 1,820.00 $ 1,820.00 N/A Extended Warranty 2-I Broadcast Pix 727 Support renewal:Control Surface 1 $ 525.00 $ 525.00 N/A Extended Warranty SECTON 3 NBIWORKAND KVM -.j•-.: . .::' -..... .., ...-. 3-A HP JE006ABABA HP 24 Port 10/100/1000 Ethernet Switch 1 I$ 295.00 $ 295.00 Cisco SRW224G4-K9-NA Network connectivity f r equipment. 3•B IOGEAR GC51808KITU IOGEAR 8 Port KVM Switch 1 $ 305.00 $ 305.00 I N/A 'Network for switcher&streaming server 4-A Ross Video 033-FR-EN Ross Video Opengear slot frame 1_$ 1,455.00 $ 1,455.00 Cobalt Digital 8321-ENS Card frame for distribution amplifers 4-8 Ross Video HDC-8222A-R2 Ross Video HD Down Converter&Distribution Amplifer 1 $ 2,150.00 $ 2,150.00 Cobalt Digital RM20.9821-A Program output distribution amplifier 4-C Ross Video TRA-8206-R2 Ross Triple HD-SDI Distribution Amplifier 3 $ 750.00 $ 2,250.00 Cobalt Digital RM20-9006-A Camera distribution amplifier 4-D Ross Video ADC-87320-5.112 Ross Analog to Digital Converter w/Frame Sync 1 $ 1,565.00 $ 1,565.00 Cobalt Digital RM20-9061-B Input card from presentation systems. 4-E Ross Video ADA-8405-C-R2C Ross Analog Audio Distribution Amplifer 2 $ 360.00 $ 720.00 Cobalt Digital RM20.9241-B Program audio distribution amplifier. 4-F Ross Video UDA-8705A-R2 Ross Analog Video Distribution Amplifier 2 $ 235.00 $ 470.00 Cobalt Digital RM20-9232-B Program video&genlock distribution. 4-0 Kramer 161611D-3G Kramer 16x16 HD-501 Matrix 1 $ 2,400.00 $ 2,400.00 N/A Switch for waveform&vector scope 4-H AlA GEN-10 AIA HD/SD Sync Generator I $ 290.00 $ 290.00 N/A Sync generator. 4-1 Kramer VP-501N Kramer UKGA Scan Converter 2 $ 350.00 $ 700.00 N/A Wolfvision to existing switcher inputs SECTION S:MONITORS .. ••., S-A~Marshall V-R653P-HDSDI Marshall Triple 6.5"Serial Digital HD/SD Monitor _ 2 $ 3,065.00 $ 6,130.00 14/A Monitors at camera position 5-B Marshall V-81710-DEW Marshall 17"Monitor w/Waveform&Vector Scope 1 $ 3,295.00 $ 3,295.00 N/A Waveform Vector monitor at camera ops. 5-C Dell U2412M Dell Ultrasharp 24"Monitor 2 $ 310.00 $ . 620.00 N/A Monitors for Multiviewer&CO. 5-D Middle Atlantic RM-LCD-PNK Middle Atlantic 2SP Rackmount Panel w/Tilt Mount 2 $ 95.00 $ 190.00 N/A N/A SECfIONIf RECORDER& • • - - .. . .., . ., 6-A Data Video I 110655 Data Video HD/SD HDD Recorder 2 I$ 1,690.00 r5 3,380.001 N/A IHD&SD HOD recorders. 6-B 1VC 5R-H0250005 NC Blu-Ray HD/SD Recorder w/HDD 1 $ 3,280.001$ 3,280.00 N/A Backup phsical media recorder. SECTION 7:AUDIO EQUIPMENT:. • 7-A Marshall AR-DM21 Marshall Audio Monitor Frame 1 _$ 1,820.00 5 1,820.00 N/A Audio monitor for decks&broadcast. 7-B Marshall ARDM-HDSDI Marshall SO/HD SDI Input Module 3 $ 410.00 $ 1,230.00 N/A SDI inpputs for audio monitor. 7-C Marshall AROM-AA-10111 Marshall Analog Audio Input Module 1 $ 410.00 $ 410.00 N/A Analog inputs to audio monitor. 7-D Samson SM10 Samson Une/Mic Mixer lO Channels 1 5 175.00 5 175,00 N/A Broadcast audio mixer. 7-E Ran* AD225 Rana Audio Delay Unit 1 $ 710.00 $ 710.00 N/A Delays audio to match digital video SECTION I:RAMS AND ACCESSORIES 8-A Middle Atlantic SC-1427.1217BK Middle Atlantic Convective Series Base Console 3 $ 730.00.5 2,190.00 N/A Required due to width. 8-B Middle Atlantic 5PN-1427-12178K Middle Atlantic Convective Sedes Side Panels(Pair) 1 $ 300.00_S 300.00 N/A Side Panels for console 8-C Middle Atlantic WS3-51B-GBF Middle Atlantic Work Surface 1 $ 480.00 $ 480.00 N/A Work Surface 8-0 Middle Atlantic SC-TK Middle Atlantic Toe Kick 3 $ 35.00 5 105.00 N/A Toe kicks at rack bottom 8-E Middle Atlantic SC-CBS-27 Middle Atlantic Caster Base 3 $ 120.00 5 360.00 N/A Casters to move console for maintlnance. 8-F Middle Atlantic GANG-10 Middle Atlantic Rack Gang KR 1-$ `15.00 9 15,00 N/A Hardware to gang racks together. SECTION IN POWER DISTRIBUTION AND BACKUP 9-A APC SURTA2200XL APC Smart-UPS 2200VA 120 3 5 1,110.00 S 3,330.00 N/A Prevents power Inleruplion/loss. 9-B APC. AP9631 APC Net Management Card w/Envlromental Monitoring 3 $ 375.00 $ 1,125.00 N/A Notifications of power loss&temp - 9-C Middle Atlantic PD-815SC-NS Middle Atlantic 8 Outlet Vertical Power Strip 3 $ 55.00 $ 165.00 N/A Power distribution In racks. 9-D Middle Atlantic PDS-6158 Middle Atlantic Rack Mount Power Strip w/Sequencing 3 5 305.00 S • 915.00 N/A Remote power strip. 9-E Middle Atlantic 5-DEC Middle Atlantic Sequencer Remote Switch 3 $ 55.00 S 165.00 N/A Switches for remote power strip.. 9-F Middle Atlantic DECP-104 Middle Atlantic Decors Rack Panel For Switches 1 5 20.00 $ 20.00 N/A Panel for remote power strip switches. 2014 TELECAST SYSTEM UPGRADE EQUIPMENT LIST.(ROSEMOUNT) : _ .. Sub-TotalA-`,' $ 115,680.00 SECTION 10:Miscellaneous Material ID Dissertation Price. 10-A Miscellaneous Material and Freight $14,570.00 $14,570.00 10-8 Performance Bond $2,440.00 $2,440.00 - .. ' .- MlscilliimiW3AMhrialSectlesl0:SubrTotalB S--T1.37,010.00 SECTION!11:Installation and Interratlon Labor ID Dascriptlon Price 11-A Installation and Integration Labor 918,920.00 $18,920.00 Installation and lntegnUgs9 tabor Section 11:Sub-Total C $ - 18,920.00; SECTION 12:Total EQUIPMENT.&'INSTAUATION COST.WORKSHEET:ROSEMOUNTHIGH-DEFINITION VIDEO AND ALIDIO,TELECASTSYSTEN.:!:Total:A,8,18.C•5 `:101,610.00 (TOTAL EQUIPMENT&INSTALLATION COSTSAPPLCVALLEY,FARMINGTON,ANDROSEMOUNT: $ 458,980.00) ALTERNATE PROPOSAL 1:PROVIDE NIGH-DEFINITION VIDEO AND AUDIO TELECAST SYSTEMS FOR ONLY THE CITIES OF APPLE VALLEY AND FARMINGTON - - TOTAL EQUIPMENT&INSTALLATION COST:APPLE VALLEY, FARMINGTON,AND ROSEMOUNT - . .. Sub-Total M S 458,980.00 DEDUCTADIUSTEO AMOUNT FOR ROSEMOUNT Sub-Toal N $ 151,610.00 TOTAL ALTERNATE PROPOSAL 1,Appli Vallay'and PariningtOU Ong.. AL MM- `5!,;,307,370,00 Pu p rl hmn•NO Copy•Keeled Apo]24.2n14 L'ny Or Apple Valley 11µ11•I kiineas,Vol .And Audio Tels'vsst Spurn 103 51 au a L 0 0 c no 0 ` 9---- U c co W Y N vi w Q Y ._ 7 O E .O c vl N a) i Y t' O E v0) O_ > O. .0 H c° a) a as O O r or c u a 4--. ° 04 E m 'T' E '` l a`, O . o > E \- C O O C p. S E m c d o m v�'i O c io 9 o c 004 c o c m N o_ v E c o c 'o t'i o ozS o o ° to 0 To^ ° v v E ° ° o ° v > ° v v o f 'Es E a Q v E x E 7 c g .= o v 7 a E c c o o a 3 v u E o ' s .c v 7 Y 0 W cn O U A a) d E 0. 0 a) c° 0 N p cn Lt >' 5 v ° u `3 06 > > c a) E co E > a °- x@ , o o a) ? N CO t m dS 3 Y a ° = on 0 w o v no E E 3 p u m E Y iu, > Zr, `° '" c L ccio O v 'a �, a'o 0:5 v . 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U I-- 0 0 0 0 0 0 c1° Q co co v a ca j Q tO call cO m a s FA' ,• 2 a a a d Q N m` CO` CO` m` m` m` m m` m _ 0 m cc cc cc cc nc Y Q N 2202 0 2 2 2 w cc 2 2 2 2 2 2 - a Z Z z Z Z Z Z Z Z G O 0 Q m U 0 W O < m U o w u- U = — O Q m O a m U Ql w LL U = O Q m U o O < m O Q m U 0 w O Q m U 0 w W O < a 5 ci A ri ri cal G N N N N N N N N N G m c!1 G 4 a 4 V a 4 V 4 G V) LP) ch u) G to l0 G n n r r t\ G co W 00 W 00 co G ai 04 w W W w W W W w W 0- V) V) V) V) co v) _v) v)_ V) 52 Aimmi City of Farmington 430 Third Street x - Farmington, Minnesota 651.280.6800•Fax 651.280.6899 *7.'4"`°g- www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation—Fire Department DATE: May 5, 2014 INTRODUCTION The City received notice that Mr. Joshua McClure has resigned from his position as a paid on-call fire fighter. DISCUSSION Mr. McClure has been a member of the Fire Department since June of 2012 and has been a valued member of the department. The City appreciates his commitment to the organization and wishes him well in his future endeavors. ACTION REQUESTED Acknowledge the resignation of Mr. McClure, effective March 28, 2014. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 53 z 0 CN O N m N N CO N N N N N N N m O O O 0 O O O 0 O O O O O O O O O O O O O O O O co 0 O O O O O O O Co 0 00 0 �0 0 0 0 0 00 0 0 0 0 0 0 O to CO o N N 'd CO co CO Co CO Co CD CO CO Co U CO 0 0 0 CO 0 0 o 0 0 0 0 CO O 0 O CO. 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Z Z o) C7 0 O w w o Ce I to F- P d Q m a U) sS to U) a- ¢ 0 ¢ m m n, c) a W S m u) o o u) 0 o a o 0 0 0 0 0 m o co co o 0 V; W a co co )O N N O 0 b co b O O C ,- CD F o t CG o m d O n M M O O O C G Vim' b b tV {+) t0 t0 aa- co o F- tO N O O W . ., a- N fV uj LC) t- N N o CO C to 0 o a a a a 0 o r O O o a Q S ,...co Y S ) ❑I b b )O b CO CJ # ONE ON) W ON) W Y UUO O 8 N N N N N VG Z ,c - a- a- v a- 0 Gay pF PARM/peT City of Farmington CA E .B 430 Third Street, Farmington, MN 55024 (651) 280-6800 Fax(651) 280-6899 , ,�i �'x�• i� www.ci.farmington.mn.us 1348r. pito TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman,P.E., City Engineer SUBJECT: Adopt Resolution—New Sunrise Addition Development Contract DATE: May 5,2014 INTRODUCTION The Development Contract for New Sunrise Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for New Sunrise Addition was approved by the City Council on April 21, 2014. This plat will be developed in two phases. The first phase encompasses the original platted lots in Sunrise Ponds. The second phase will be the lots on the New Sunrise Addition plat that are located in what was Outlot F of the Sunrise Ponds development. Although there will be two separate phases, work in both phases is planned to occur this year. There will be two separate development contracts, one for each phase. This development contract covers phase one. There are two main reasons to have different development contracts for each phase: 1. All of the development fees for the lots in phase one have already been paid and development fees will need to be collected for phase two. Combining the two phases into one development contract would have made it difficult to track the development over time, specifically if the phase two lot fees were assessed. 2. From a public infrastructure standpoint, the work being done in phase one is substantially different from the work in phase two. The underground utilities in phase one have been installed and the only big work item that remains is the removal and replacement of the road. Phase two will include sanitary sewer, storm sewer, water, curb and gutter, and street work. The majority of the development contract contains "boiler plate" items and requirements. However, there are some items that have been added specifically related to the New Sunrise Addition development. Specific items in this development contract include: • Paragraph 5- The requirement that the developer maintain the emergency access portion of 210th Street, and that they are responsible for roadway maintenance until the alley is extended and 211th Street has been constructed past the alley. • Paragraph 6- The requirement to enter into the development contract for phase two and that all of the public utilities be installed for both phases prior to the end of this year. It also requires the final lift of asphalt on both phases to be done by the end of 2015. 73 New Sunrise Addition Development Contract May S, 2014 Page 2 of 2 • Paragraph 7- The requirement that Outlots A and B be deeded to the City immediately following the execution of this contract. • Paragraphs 16 through 22- Recognizes that the fees for phase one have been paid, and that fees for phase two will be calculated when the development contract for phase two is drafted. • Paragraph 26- This is the required security for this phase. It includes the costs to remove and replace the existing roadway and the cost to construct the alley extension to the north and 211th Street to the east past the alley. It also includes security for property pins, trees, and other miscellaneous items. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. The developer has reviewed the development contract and has agreed to the terms. Following are conditions of approval for the development contract: 1. The Developer enter into this agreement. 2. The Developer provide the necessary security as specified in the development contract 3. Satisfaction of all engineering comments concerning the plat and construction plans for grading storm water and utilities. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the New Sunrise Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully submitted, Kevin Schorzman, P.E. City Engineer cc: file 74 RESOLUTION NO. R35-14 LAARNFD APPROVE DEVELOPMENT CONTRACT NEW SUNRISE ADDITION (PHASE ONE) Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 5th day of May, 2014 at 7:00 P.M. Members present: Larson, Bartholomay, Bonar, Donnelly, Fogarty Members absent: None Member Fogarty introduced and Member Bartholomay seconded the following resolution: WHEREAS, pursuant to Resolution No. R31-14 the City Council approved the Final Plat of New Sunrise Addition subject to the following conditions: 1. The Final Plat approval is contingent on the execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: 1. The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a. the Developer enter into this Agreement; and b. the Developer provide the necessary security in accordance with the terms of this Agreement; and c. the Developer record the plat and the deeds for Outlots A and B, with the County Recorder or Registrar of Titles. and; 2. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of May, 2014. Mayor Attested to this C' day of May, 2014. naAAL ceu SEAL ty Administrator g `ppj81 ! 6 . N, ,r I t 2 i 'd• i! d d d d d 6 ` / ! Ii!;: hi; d! F d� I �I .J R o 1111111 ^ = 8 Wt§ge4Rg" ?, f Ul I IAI I I¢e � a©e z33dd < a DPo li 43¢$ �{ W S tl V2'. O (31YO O Ma3 O — 7to 1Y 1Nf3 .. 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I lit\ i '.,a_ col € fc .� I i F- I i 'I:' it! 1 i i i 's�� L f O i n i - 1 I 1 `�in7 I ,-- 1 sr L 1 . 1 L J �_ J I I ^ I— IIL. r ,[' _.�-- ` I - Q 1 N !p' I..; o i 1 n `1 i 't il ' iE 6 a ii❑ — _ J I J,: L 33 E -.< Q V N . ,g 11 8. — i zW zW N 1 1 Iii, I � i 110 §A AA ZO co I m }� g= ! s I ^tn i 0 i i ! i ; 222 R —'U—' i 't NOr'A Q I 0 1 i.g# 1 r ter — o. --� -1 II' A 1 1 ~€i i vJ x 1 N h O N ( ` a 1 O Y '1 W I £ L J L J L 1 l Z r S 76 CA 5 DEVELOPMENT CONTRACT AGREEMENT dated this., day of May, 2014, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Tru Value Homes, LLC, a Minnesota Limited Liability Company (DEVELOPER). I. Request for Plat Approval. The Developer has asked the City to approve a plat for NEW SUNRISE ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington,County of Dakota,State of Minnesota,and is legally described on the attached Exhibit "A". The plat will be developed in two (2) phases. This development contract covers Phase One(1)of the development which includes all of Blocks 1,5,6,7 and 8,and also includes Lots 1 through . 5 of Block 2 and Lots 1-13 of Block 3. 2. Conditions of Approval. The City hereby approves the plat on the conditions that: • a) the Developer enter into this Agreement;and b) the Developer provide the necessary security in accordance with the terms of this Agreement;and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Right to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 34G,the plans shall control. The required plans are: Plan A-Final Plat Plan B-Soil Erosion Control and Grading Plans Plan C-Landscape Plan Plan D-Wetlands Mitigation as required by the City Plan E-Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:underground natural gas,electrical,cable television,and telephone. The installation of these utilities shall be constructed within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and standard detail plates. Within the plat or land to be platted,the Developer may not construct sewer lines,water lines,streets,utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been submitted for recording with the Dakota County Recorder's Office,and 1 d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision,the Developer agrees to install a sales board on which a copy of the approved plat,final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System h. Sidewalks and Trails b. Water System(trunk and lateral) i. Erosion Control,Site Grading and Ponding c. Storm Sewer j. Traffic Control Devices d. Streets k. Setting of Lot&Block Monuments e. Concrete Curb and Gutter 1. Surveying and Staking f. Street Signs m. Landscaping,Screening,Lot Frontage Trees g. Street Lights The improvements shall be installed in accordance with Plans A through G, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the final plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall . instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City •standards as a condition of City acceptance. In addition,the City may,at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty(60) days after the completion of Phase two(2)and before the security is released,the Developer shall supply the City with a complete set of"As Built"plans as specified in the City's Engineering Guidelines for the new work completed with that phase, along with information related to the existing roads in Phase One(1)such as final rim elevations of structures as well as any below ground information that the Developer's Engineer collected as part of the design for the project including but not limited to invert elevations,top nut hydrant elevations,etc. If the Developer does not provide such information,the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. The developer shall ensure that the section of 210t Street that was constructed as a secondary emergency access as set forth in the grading plan that was dated June 26,2006,for the original Sunrise Ponds plat,is and will continue to be fully passable by traffic during this phase of construction in New Sunrise Addition. The developer will also ensure that any manholes that were placed in 210t Street as part of the original construction in Sunrise Ponds are covered and sealed to prevent infiltration of water,soil,or sediment. • The developer shall also be responsible for maintenance (snow plowing, potholes, etc.) of the roadways within the development until such time that the existing bituminous material within this phase has been removed and replaced and 211th Street West is extended east beyond the intersection with the new alley going north. In addition, the developer will be responsible for constructing and maintaining a temporary gravel connection from the north end of the existing alley,north to 211th Street West and from there,back west to the existing bituminous roadway,until such time that the permanent alley is extended north and 211th Street West is constructed east past the intersection with the alley. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. §505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 2 6. Time of Performance. The Developer shall install all required public utilities for Phase One(1),by September 1,2014, in accordance with the requirements set forth in the City's Engineering Guidelines.The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. The Developer further agrees that he will enter into a development contract with the City for Phase Two(2)in such time that all of the required public utilities for Phase One and Two(1&2)will be installed prior to November 30, 2014. For purposes of this agreement, the removal and replacement of the existing bituminous roadway will not be required to be completed by September 1, 2014, rather it will be required to be completed prior to November 30, 2014. The final lift of asphalt in both phases will be placed prior to November 30,2015. 7. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, which may include work order type items (mudding structures, cleaning lines, etc.)on existing infrastructure within the development,the improvements lying within public easements shall become City property,except for cable TV,electrical,gas,and telephone,without further notice or action. Outlots A and B shall be deeded to the City immediately following the execution of this contract. A Letter of Exemption, attached to this contract as Exhibit`B",shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 8. Warranty.The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by the City Engineer in writing. It is the responsibility of the Developer to request, in writing, City acceptance of the streets. Failure of the Developer to request acceptance of the streets in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12)months after the security for the trees is released. Any replacements shall be warranted for twelve(12)months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent(10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 9. Grading Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid,a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must note all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. An MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 10. Erosion Control and Fees. After the site is rough graded,but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the 3 79 excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule,or supplementary instructions received from the City,or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately,without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty(30)days,the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. 11. Landscaping. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the lot frontage trees. The Developer shall place one(1)lot frontage tree on each lot on the plat. The responsibility for the installation of lot frontage trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with 1)a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 12. Phased Development. The plat shall be developed in two(2)phases in accordance with Plans A—E. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a development contract for that phase has been entered into and that development contract has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve development contracts of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 13. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan,except an amendment placing the plat in the current urban service area,or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter,notwithstanding anything in this Agreement to the contrary,to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 14. Surface Water Management Fee. The Surface Water Management Fee for this phase has been paid. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 80 15. Wetland Conservation and Mitigation. The Developer shall comply with the 1991 Wetlands Conservation Act,as amended,and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 16. Water Main Trunk Area Charge. The Water Main'Trunk Area Charge for this phase has been paid. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 17. Water Treatment Plant Fee. The Water Treatment Plant Fee for this phase has been paid. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Sanitary Sewer Trunk Area Charge. The Sanitary Sewer Trunk Area Charge for this phase has been paid. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Park Dedication. The Park Dedication requirements for this phase have been met. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Development Fee. The Park Development Fee for this phase has been paid. The park development fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoating. The Sealcoating fee for this phase has been paid. The sealcoating fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 22. GIS Fees. The GIS Fees for this phase have been paid. The GIS fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean Up. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 133,900. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment"C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied,at least thirty(30)days prior to the expiration of a letter of credit,the 5 81 City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control $ 5,000 Monuments $ 8,750 Sanitary Sewer $13,750 St. Lights/Signs $ N/A Water Main $ 8,400 Landscaping&LF Trees $ 8,800 Storm Sewer $ 8,400 Blvd. Sodding $ N/A Street Construction $80,800 Wetland Mitigation $ N/A Two Years Principal and Interest on Assessments $ N/A This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications,and terms of this Agreement,and that all financial obligations to the City,subcontractors,or other persons have been satisfied,the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent(90%) of the financial obligations that have been satisfied.Ten percent(10%)of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed,all financial obligations to the City satisfied,the required"as built"plans have been received by the City,a warranty security is provided,and the public improvements are accepted by the City Council. 27. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct,shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs,damages or expenses which the City may pay or incur in consequence of such claims,including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers,materialmen, or others are seeking payment from the City,the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys'fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30)days after receipt. If the bills are not paid on time,the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty(30) days shall accrue interest at the rate of five percent(5%)per annum. If the bills are not paid within sixty(60)days,the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris,thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 6 82 30. Wetland Buffer and Natural Area Signs. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 31. Existing Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees,which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder,the City may,at its option,perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City,provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default,not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies,assess the cost in whole or in part. 33. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat,or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties, Normal procedure requires that streets needed for access to approved uses shall be'paved with a bituminous surface before building permits may be issued. However,the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy,express or implied,now or hereafter arising,available to City at law or in equity,or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy.The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 7 83 F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses,including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand,the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns,that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement,at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and$1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of$500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday-Friday 7:00 A.M.until 7:00 P.M. Saturday 8:00 A.M.until 5:00 P.M. Sunday and Holidays Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a$500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches(12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 32 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 32. 8 84 0. Third parties have no recourse against the City under this contract. 34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Tru Value Homes,LLC Attn:Tim Giles 5745 Meadow Lane Elko,MN 55020 Office Phone: (952)461-3985 Notices to the City shall be in writing and shall be either and delivered to the City Administrator,or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: David McKnight.,City Administrator City of Farmington 430 Third Street Farmington,MN 55024 9 85 SIGNATURE PAGE CITY OF FARMINGTON By: Todd Larson,Mayor By: David McKnight,City Administrator DEVELOPER: Tru Value Homes,L.L.C. By: Its: Drafted by: City of Farmington 430 Third Street Farmington,Minnesota 55024 (651)280-6800 10 86 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 20 by Todd Larson, Mayor, and by David McKnight, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City .Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 20 by ,the of Tru Value Homes,L.L.C., a limited liability company under the laws of Minnesota,on behalf of the corporation. Notary Public 11 87 EXHIBIT"A" LEGAL DESCRIPTION New Sunrise Addition consisting of all of Block 1;all of Block 2; Block 3,Lots 4-16; Block 4,Lots 2,3,5,8-15, and 17;all of Block 5; Outlot A;Outlot B; Outlot C;and Outlot F according to the recorded plat of Sunrise Ponds LLC,Dakota County,Minnesota. 12 88 EXHIBIT"B" pF FARM/p ;0111111i�` °T City of Farmington 430 Third Street, Farmington, MN 55024 c — (651) 280-6800 Fax(651) 280-6899 9o� www.ci.farmington.rnn.us p w•A PRO- LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accountant/Special Assessments Enclosure(s) Signature Date 13 89 EXHIBIT"C" • IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 430 Third Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue,for the account of . and in your favor,our Irrevocable Letter of Credit in the amount of$ , available to you by your draft drawn on sight on the undersigned bank. The draft must a) Bear the clause, "Drawn under Letter of Credit No. , dated 20_, of . (Name of Bank) b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) . This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five(45)days prior to the next annual renewal date,the Bank delivers written notice to the Farmington City.Administrator that it intends to modify the terms of, or cancel, this Letter of Credit.Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five(45)days prior to the next annual renewal date addressed as follows: Farmington City Administrator,430 Third Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty(30)days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement,whether or not referred to herein. This Letter of Credit is not assignable.This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No.400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 90 FAQ CAWINED 4o� iy�� City of Farmington 430 Third Street 7i6 r x;; Farmington, Minnesota GOp s 651.280.6800•Fax 651.280.6899 q'S'?• Q www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Authorize Plan Preparation-9th and Hickory Street Rehabilitation Project DATE: May 5, 2014 INTRODUCTION Based on the bids received for the Akin Park Estates project, staff anticipates funding to be available to complete the 9th and Hickory Street project in 2015. As shown on the attached map, the project area includes Maple Street between TH-3 and 11th Street, 9th and 10th Streets from Maple Street to TH-50 (Ash Street), and Hickory Street between 9th and 10th Street. Depending on the ultimate scope of the project, staff may recommend a small storm sewer improvement on Hickory Street as part of the project. DISCUSSION In an effort to ensure that plans are prepared and ready for bidding in early 2015, staff is requesting authorization to begin preparing plans and specifications for the project. Part of this preparation would include core drilling the roadway within the project area to determine the extent of rehabilitation work necessary. It would be beneficial to complete the core drilling this spring so that the scope of the project could be discussed with Council and determined this summer and project design could be completed this fall. If approved, staff will send a mailing to all of the residents in the project area letting them know about the project and alerting them to upcoming activities in the project area. Following that staff will coordinate the core drilling and analysis. Once the results from the core drilling are known, staff will bring the results and a recommendation to Council as to the scope of the project. At this point, depending on the results of the core drilling, possible project scope options are: • Partial Depth Pavement Rehabilitation • Full Depth Pavement Rehabilitation (with or without full curb replacement and with or without some work on the aggregate base beneath the road) 91 Authorize Plans-9th and Hickory Project May 5,2014 Page 2 of 2 BUDGET IMPACT The current planning-level estimated cost for this project is $478,000. In addition, if the storm sewer work on Hickory Street is ultimately included in the scope of the project, that portion would be paid for using trunk storm sewer funds. ACTION REQUESTED Adopt the attached resolution authorizing the preparation of plans and specifications for the 9th and Hickory Street Rehabilitation Project. Respectfully submitted, Kevin Schorzman • City Engineer cc: file 92 RESOLUTION NO. R36-14 AM r 17) AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT 14-02, 9TH AND HICKORY STREET REHABILITATION PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of May, 2014 at 7:00 p.m. Members present: Larson, Bartholomay, Bonar, Donnelly, Fogarty Members absent: None Member Fogarty introduced and Member Bartholomay seconded the following resolution. WHEREAS, the city's 2014-2018 Street Reconstruction Plan indicated funding for the Akin Park Estates East and West Rehabilitation Project in 2014; and, WHEREAS, the city's 2014-2018 Street Reconstruction Plan indicated that funds remaining after the Akin Park Estates East and West Rehabilitation Project is completed are designated to be used on the 9th and Hickory Street Rehabilitation project; and, WHEREAS,the City Council adopted the City's 2014-2018 Street Reconstruction Plan on August 5, 2013; and, WHEREAS, the city anticipates that funds will remain following the completion of the Akin Park Estates East and West Rehabilitation Project sufficient to fund the 9th and Hickory Street Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Farmington, Minnesota that: 1. Kevin Schorzman, P.E., is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the project and once completed submit them to the Council for further consideration of the project. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5`h day of May, 2014. Mayor Attested to the 644 day of May, 2014. ().etu.../ City Administrator SEAL ,- ttipkRnf, ii......./efiki., City of F- armingtor z.., 40,,,, 4, .•--, ,I ( 1 /1',` i . ' '.__ L _ ,_,9 ,...... P--lirkory Rehabilitation Project 46r.A P R005‘ 6 ' r • „,, ,. . q • ki, 1 • : +4 ' ' :( rs—r- II:, : t' r , , i_ , ,,.., r- I .-..,'''''.4* ..” '.1i Er) 1.I.-- "It•'''' • ., - i ''1-,,'''.'. Ni‘ ,1 .,`A ‘ — „ t',17-iirr. ) ,, - - -, ro-:, • ,___1 r ' . 4-', r‘--1 ,(1) -,;,,f , , .!, -T4-- ' , I ' ' ..' r 1 • 'k ' i A..,7 4 1 , .....,_I ,...,--_.:J--- - ', .. 4 .., . • I . , 1 f . ,:'.. ,' ". ' , • 4 141 .: ... _ ., ='.r. -•''L • ', _ .,,c--"-- . 7 f— ' , I e„ E_ t -.. i__,-- II l'i .irI' ' 1 .... ..., ''' = ' lit "1:: '. 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