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05.02.16 Council Packet
Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA MAY 2, 2016 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS a) Minnesota Association of Senior Services Award Recognition for Recreation Supervisor Nicole Gorman Recognized b) Adopt Resolution-Accept Donation from the Farmington Rotary Club to the Farmington Fire Department R39-16 c) Proclaim May Historic Preservation Month Proclaimed 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(4/18/2016 Regular)(4/15/2016 Special)— Administration Approved b) Adopt Resolution Accepting Donation to the Rambling River Center—Parks R40-16 c) Approve Agreement to Construct Troy Hill Park Concrete Playground Border and Bench Pads—Parks Approved d) Approve Bills—Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS a) Notice of Intent to Consider Issuance of Cable Franchise—Human Resources Extend Comment 30 Days 9. AWARD OF CONTRACT a) Approve Agreement Tamarack Park Basketball Court Improvement Project— Parks Approved b) 2016 Trail Crack Sealing-Engineering Approved 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Recreational Facilities Task Force Final Recommendation-Parks Accepted Report 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Alit t , City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ‘44,.,,pogo. www.cifarmington.mn.us TO: Mayor, Councihnembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Minnesota Association of Senior Services Award Recognition for Recreation Supervisor Nicole Gorman DATE: May 2, 2016 INTRODUCTION On April 21, 2016,Nicole Gorman was presented with the Outstanding Senior Services Award from the Minnesota Association of Senior Services (MASS)organization,which is a state-wide organization of professionals who are responsible for providing programs, services and facilities for senior citizens. DISCUSSION Each year MASS, at its annual conference,recognizes one of its members with an Outstanding Senior Services Award,which is the organization's top award. At this year's annual conference held on April 21, 2016 in Chaska, it recognized Recreation Supervisor Nicole Gorman with this award. Nicole was nominated for this award based on the following work she has performed not only for MASS but also for the work she performs at the Rambling River Center(RRC)for the city of Farmington: • Served as President of the MASS organization for two years in 2014 and 2015 • Was Co-Chair of a joint conference committee that coordinated a conference in Eau Claire, Wisconsin in 2015 for senior citizen organizations in Minnesota and Wisconsin • Spearheaded and secured an opportunity for grant funding to Minnesota senior centers from the National Council on Aging(NCOA)for the Aging Mastery Program and worked with the Minnesota Recreation and Park Association(MPRA)to become the fiscal agent of this program • Has been actively involved in the past with the National Institute of Senior Centers (NISC)and NCOA organizations resulting in the State of Minnesota and MASS being represented on a national level • Has raised$52,500 raised through donations and fundraising events, resulting in building improvements and new equipment purchased including:treadmill for the fitness room;improvement of entrance to building's garage;improvement of the Oak Street building entrance;new cabinets, service counter and security gate for the front desk area;new bookshelves for the library; and new chairs in lounge areas • In 2014 was selected by NCOA to receive NISC funding to offer free concerts at the RRC • Has been the past chair of the NISC State Association and Speakers Bureau Committee • Demonstrates on a daily basis a commitment and passion to working with older adults resulting in development of new/creative programs and relationship building with RRC members, • Two years in a row has increased community rentals of the RRC resulting in more community members becoming aware of the facility The Outstanding Senior Services Award from MASS will be re-presented to Nicole during the City Council meeting. BUDGET IMPACT NA ACTION REQUESTED The only action needed from city council members is to publicly recognize and congratulate Nicole for receiving the prestigious Outstanding Senior Services Award from MASS. Ai��( City ofoFa Farmington Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ''t•4 rated' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jim Larsen,Fire Chief SUBJECT: Recognize a Donation from the Farmington Rotary Club to the Farmington Fire Department DATE: May 2, 2016 INTRODUCTION Farmington Fire-Rescue recently received a donation from the Farmington Rotary Club. DISCUSSION The Farmington Rotary Club recently approved a donation request from Farmington Fire Department staff to help purchase new emergency alerting pagers. The Farmington Rotary Club approved a donation of$4,120.00 which will be used to purchase eight(8)new pagers for FFD members. The FFD will make sure the Farmington Rotary is thanked for their generous donation. BUDGET IMPACT A donation of$4,120.00. ACTION REQUESTED Adopt a resolution accepting the donation from Farmington Rotary Club and thank the Rotary for their generosity. ATTACHMENTS: Type Description ® Cover Memo Resolution Adopting Donation from Farmington Rotary RESOLUTION NO. R39-16 A RESOLUTION ACCEPTING DONATIONS TO THE FARMINGTON FIRE DEPARTMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 2nd day of May 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Pitcher Members Absent: Donnelly Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,the Farmington Fire Department provides fire and emergency medical services; and WHEREAS,the Farmington Rotary Club wishes to support the operations of the FFD by donating equipment to the Farmington Fire Department, NOW THEREFORE BE IT RESOLVED that, after due consideration,the Mayor and City Council of the city of Farmington,Minnesota,hereby accept the donation of$4,120.00 from the Farmington Rotary Club to the city of Farmington Fire Department for the purchase of emergency alerting pagers. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 2nd day of May 2016. Todd Larson,Mayor Attested to the V day of May 2016. D id McKnight, Cit�inistrator • 4i City of Farmington p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 144' PR„" www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Tony Wippler,Planning Manager SUBJECT: Proclaim May Historic Preservation Month DATE: May 2,2016 INTRODUCTION Attached, is a proclamation for Historic Preservation Month. Each year the month of May is designated as Historic Preservation Month. This provides the City of Farmington with an opportunity to recognize the participation, dedication and work the members of the Heritage Preservation Commission do in preserving the city's heritage resources. The proclamation aligns with the goals and objectives of the Heritage Preservation Commission. The 2016 theme is This Place Matters. This theme is to encourage people to celebrate the places that are meaningful to them and to their communities. DISCUSSION NA BUDGET IMPACT None. ACTION REQUESTED Proclaim the month of May 2016 as Historic Preservation Month in the City of Fannington. ATTACHMENTS: Type Description I3 Backup Material 2016 Historic Preservation Month Proclamation Pr ,, PPRPRIN 2016 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,the 2016 theme is This Place Matters and it encourages people to celebrate the places that are meaningful to them and to their communities. NOW, THEREFORE, I, the Mayor of Farmington, Todd Larson do proclaim May 2016 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 /0141 City of Farmington 6., 430 Third Street , Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 '.4 rao www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Approve City Council Minutes (4/18/2016 Regular)(4/15/2016 Special)-Administration DATE: May 2, 2016 INTRODUCTION Attached are April 15 and 18, 2016 city ouncil minutes. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve April 15 and 18,2016 city council minutes. ATTACHMENTS: Type Description CI Exhibit April 18, 2016 City Council Minutes © Exhibit April 15, 2016 City Council Minutes COUNCIL MINUTES REGULAR APRIL 18, 2016 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Bonar,Donnelly, Pitcher Members Absent: None Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Robin Hanson, Finance Director;Adam Kienberger, Community Development Director;Randy Distad,Parks and Recreation Director;Kevin Schorzman, City Engineer;Tony Wippler, Planning Manager; Cynthia Muller, Executive Assistant Audience: David McMillen, Eric and Aundreya Edwards,John Frank,Jeri Jolley,Barb Svoboda 4. APPROVE AGENDA Councilmember Bonar pulled item 7f)Approve Summer Ice Rental for discussion. Parks and Recreation Director Distad made a revision to item 7g)Approve Seasonal Hiring to add Dillon Pariseau, Program Supervisor Step 3, $13.41/hour. MOTION by Bartholomay, second by Bonar to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Adopt Resolution—Movie in the Park and Music in the Park Programs and Sponsorships—Parks and Recreation Four music in the park and two movie in the park programs will be offered this summer due to sponsorships from various businesses. MOTION by Bartholomay, second by Bonar to adopt RESOLUTION R33-16 accepting the sponsorship payments from the various businesses and organizations for the Music in the Park and Movie in the Park programs. APIF,MOTION CARRIED. b) New Parks and Recreation Department Puppet Wagon—Parks and Recreation A new puppet wagon has been built by in-house staff, Ted Novak and school students. There is also a new sound system and puppets. CEEF donated$5,000 towards these improvements. MOTION by Bartholomay, second by Pitcher to declare the old puppet wagon as surplus equipment. APIF,MOTION CARRIED. Council Minutes(Regular) April 18,2016 Page 2 c) Proclaim May 5,2016 as National Day of Prayer Mayor Larson proclaimed May 5,2016, as National Day of Prayer. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Bartholomay, second by Donnelly to approve the Consent Agenda as follows: a) Approved Council Minutes(4/4/2016 Regular)(4/11/2016 Work Session)- Administration b) Received First Quarter 2016 New Construction Report and Population Estimate— Community Development c) Adopted RESOLUTION R34-16 Accepting Donation from Farmington Firefighters Auxiliary Association-Fire d) Adopted RESOLUTION R35-16 Disbanding Fire Explorer Post—Fire e) Adopted RESOLUTION R36-16 Approving Joint Powers Agreement with Dakota County for a Household Hazardous Waste Day Drop Off Event— Municipal Services f) Approved Summer Ice Rental—Parks and Recreation g) Approved Seasonal Hiring—Human Resources h) Approved bills APIF,MOTION CARRIED. f) Approve Summer Ice Rental-Parks This is the third year the city is offering summer ice. Turf has been placed in the arena and will be removed the end of May. Summer ice is offered June through August and the rest of the year is hockey season so there are no open days at the arena. This year we will be 13 hours short on summer ice. Last year we had a $6,000 profit. 8. PUBLIC HEARINGS a) Adopt Resolution—Vacate Drainage and Utility Easement Trident Development-Planning Trident Development has requested to vacate a drainage and utility easement in the St.Michael's 2nd Addition. The easement encompasses all of Outlot E. Trident will be constructing an assisted living facility on this plat. This is contingent upon City Council approval of St.Michael's 2nd Addition final plat and filing a certified copy of the resolution with the county auditor. MOTION by Bartholomay, second by Bonar to close the public hearing. APIF,MOTION CARRIED. MOTION by Bartholomay, second by Pitcher to adopt RESOLUTION 1237-16 vacating the drainage and utility easement described above including the contingencies. APIF,MOTION CARRIED. 9. A WARD OF CONTRACT a) Approve Agreement for Fire Station#1 Concrete Apron Improvement Project—Parks and Recreation Council Minutes(Regular) April 18,2016 Page 3 The low proposal for the concrete apron at fire station 1 was received from Pat's Concrete and Bobcat, Inc. at$21,349. Funds will be used from the fire department's building repair services account. MOTION by Donnelly, second by Bartholomay to approve the agreement with Pat's Concrete and Bobcat, Inc. for construction of the project. APIF,MOTION CARRIED. 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution—Approve Final Plat St.Michael's rd Addition-Planning Trident Development is requesting a final plat for Outlot E of St.Michael's Second Addition to construct a 70-unit assisted living facility. The site is located south of St.Michael's Church and east of Denmark Avenue. Contingencies include: 1. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the engineering division shall be required. 2. Execution of a Development Contract between the developer and the city and submission of security, payment of all fees and costs and submission of all other documents required under the development contract. MOTION by Pitcher, second by Bonar to adopt RESOLUTION R38-16 approving the final plat for St. Michael's 2nd Addition with the above contingencies. APIF,MOTION CARRIED. b) Adopt Downtown Redevelopment Plan—Community Development Mayor Larson informed the public it is not the city's intent to acquire properties that are identified as potential redevelopment sites. This plan is a five-year plan for investors and developers to use. It is a tool for people that want to invest in the community. Community Development Director Kienberger stated in 2015 Council authorized an application for a redevelopment incentive grant for downtown redevelopment planning. This plan is a result of that application. The city hired Hoisington Koegler Group Inc.to work with a downtown redevelopment task force. He thanked the task force for their work over the past six months. Mr.Jeff Miller, of Hoisington Koegler Group, Inc.presented the downtown redevelopment plan. Most of the plan will happen through private redevelopment. The plan is divided into the downtown core, downtown east edge, downtown west edge, riverside west and riverside north. Mr. Miller explained the initiatives for each of these areas and implementation. With the adoption of this plan, staff is also requesting authorization to develop a downtown action plan to establish priorities and funding for 2016 and 2017. Staff also proposed an allocation of$5,000 from the liquor fund community investment pot to allow parks and recreation to install bike racks in the downtown. Council Minutes(Regular) April 18,2016 Page 4 Council recalled this firm was also part of the Spruce Street master plan and asked if there were any connections from those efforts. One item that rose out of the plan was the trail connections for bikes and pedestrians. The Spruce Street connection is a main trail connection in the plan to link from the ice arena to the downtown. Council noted the Rambling River Center plaza is interesting. Council asked how we will work with those business owners to make an investment in the alley side of their buildings as much as they do the front. Staff will do outreach to the businesses to get them on board with this plan. The Rambling River Center is a city facility so there is no acquisition involved. Staff would work with the businesses to make sure their interests are maintained as well as providing a public gathering space. This is included in the action plan. Council asked if this will be part of the 2040 comp plan. The recommendation in the plan is to include this downtown redevelopment plan in its entirety in the comp plan. Council asked how the bike path over the railroad tracks would be maintained. Staff noted the plan acknowledged the need for an additional crossings over the railroad tracks,but it is not a priority. It still requires additional feasibility. Council did not want to see any more stores closing in Farmington. It is important we keep our historical character,but we also need to invigorate business downtown. With private properties there needs to be a willing seller and buyer. Council thanked the task force for their work. The action plan will be used to follow up and make it real. It will be a collaborative effort between the city and the private sector to get this done. Council asked about establishing a city grant or loan program. The EDA could utilize a portion of their fund balance toward a grant or reinvestment program into downtown. A current program uses CDBG dollars. Mayor Larson thanked everyone involved in the process including those that shared comments. We will be working on a trail connection along TH3 this summer. He noticed the sidewalk café program and that would be an excellent way for the city and FBA to work together. This is a great plan. MOTION by Bartholomay, second by Bonar to adopt the downtown redevelopment plan, authorize development of a downtown action plan and approve allocation of$5,000 from the liquor fund community investment pot for bike racks in the downtown. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Donnelly: On the consent agenda we accepted a donation of$8,116 from the firefighters auxiliary association for pagers. These funds were raised from turkey bingo. Councilmember Bartholomay: Curbside cleanup starts this Saturday and days are listed in the community calendar. Council Minutes(Regular) April 18,2016 Page 5 Councilmember Pitcher: Dew Days buttons are for sale and he encouraged friends and families to participate. City Administrator McKnight: Thanked staff for their work on the City News and Recreation Guide which was in the mail this week. Mayor Larson: Electronics will not be collected on curbside cleanup days. Paper shred fest will be held at the Library on April 23. Pond and park cleanup will be April 30. Earth and Arbor Day celebration will be April 30. He encouraged residents to shop local. 14. ADJOURN MOTION by Donnelly, second by Pitcher to adjourn at 7:52 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant City of Farmington City Council Goal Setting Work Session Friday,April 15,2016 Mayor Larson called the meeting to order at 8:35 a.m. Members Present- Bartholomay, Bonar, Donnelly, Pitcher Also Present- City Administrator McKnight Motion by Bartholomay,second by Pitcher to approve the agenda. The motion was approved 5-0. 2015 Goal Review City Administrator McKnight reviewed the status of the goals set in 2015 and the progress the city has made in each area. The city council expressed appreciation for the work that has been completed and discussed the continued desire to see some of the continued goals carried over to 2016. 2016 City Council Priorities The city council discussed a wide variety of issues for potential inclusion in the 2016/2017 city council priorities. After much discussion,the city administrator was directed to put together the information that was discussed and bring back a summary of the priorities to the May 2016 work session. Code of Conduct The city council reviewed examples of codes of conduct that are in place in a number of cities and organizations in the state. The city council discussed the need for this type of policy in Farmington for the city council, boards and commissions and city staff. After much discussion the city administrator was directed to develop a draft code of conduct, using the League of Minnesota Cities as a template that could be tailored to Farmington's needs. A statement will also be developed that will be read before citizen comments at each city council meeting so everyone understands the type of behavior that is expected at meetings. Liquor Store Update The city administrator reviewed additional information that was requested on the downtown liquor store. The city council directed the city administrator to look at two potential options on this issue and report back so the city council can make a decision in May 2016. Financial Plan The city administrator continued to review the draft financial plan with the city council. The city council discussed the status of the plan,the status of our fund balance and the need for the many capital improvement plans that are included in the financial plan. The city council provided the city administrator with direction on how to implement the financial plan and requested continuous monitoring and feedback on the financial plan. The city administrator addressed the need for additional staffing in the staff support area. The city administrator discussed a plan to provide full time support in the reception area and move one current staff position into community development. After discussing the issues related to this request the consensus of the city council was to move forward with this issue. Motion by Pitcher,second by Bartholomay to adjourn the meeting at 12:25 p.m. The motion was approved 5-0. o�1AR iy City of Farmington f p 430 Third Street Farmington,Minnesota 4:' 651.280.6800 -Fax 651.280.6899 •4 - 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-Parks DATE: May 2, 2016 INTRODUCTION A donation was recently made to the Rambling River Center(RRC)by Ecumen Centennial House for sponsorship of the May Day Tea event. DISCUSSION A cash donation of$400.00 was made by Ecumen Centennial House for sponsorship of the May Day Tea event that will be held at the RRC on May 3,2016. Staff will communicate the city's appreciation on behalf of the city council to Ecumen Centennial House for its generous donation to the RRC. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution accepting the donation of$400.00 to the RRC from Ecumen Centennial House for sponsorship of the May Day Tea event. ATTACHMENTS: Type Description o Resolution Donation Resolution RESOLUTION NO.R40-16 ACCEPT $400.00 DONATION TO THE RAMBLING RIVER CENTER FROM ECUMEN CENTENNIAL HOUSE FOR MAY DAY TEA EVENT SPONSORSHIP 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 2nd day of May, 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar,Pitcher Members Absent: Donnelly Member Bartholomay introduced and Member Pitcher seconded the following: WHEREAS, a$400.00 donation was made by Ecumen Centennial House to the Rambling River Center for sponsorship of the May Day Tea event held at the Rambling River Center; and, WHEREAS, it is required by State Statute that this donation be formally accepted; and, WHEREAS, it is 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 to the Rambling River Center of$400.00 from Ecumen Centennial House for sponsorship of the May Day Tea event. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of May 2016. Mayor Attested to the V' day of May,2016. C 1 Administrator L_J ,oEiARAl&. City of Farmington s 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 -1'.4 pa oe.O www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement to Construct Troy Hill Park Concrete Playground Border and Bench Pads-Parks DATE: May 2, 2016 INTRODUCTION The city council previously approved the purchase of new playground equipment for Troy Hill Park at its April 4, 2016 meeting. The new playground equipment has been ordered. The approved 2016 Park Improvement Fund budget included funding to have a new concrete playground border and three concrete pads for park benches constructed in Troy Hill Park. DISCUSSION Attached as Exhibit A is a map showing the location of Troy Hill Park. The previous concrete border around the old playground equipment has been removed because the new equipment will not fit inside the old border.After the playground equipment has been installed and wood fiber safety surfacing material has been placed, a new concrete playground border and concrete pads for three park benches will be constructed. Work by the contractor hired will include the preparation of a Class 5 base, installing forms for the concrete border and bench pads and pouring and finishing the concrete border and bench pads. Park maintenance staff will be preparing the site for the concrete border and bench pads to be installed and will backfill, finish grade and seed the area to be restored after the concrete has been poured and adequately cured. Staff solicited quotes from 10 contractors to construct the concrete playground border and three bench pads. Two contractors submitted quotes for the project.Attached is Exhibit B, a tabulation form showing the quotes received. The low quote submitted by Erickson Construction of Lakeville, Inc. from Lakeville, Minnesota was in the amount of$9,904.00. The contractor performed this same work at Fairhills Park in 2014, so has experience and knowledge with the work being specified. BUDGET IMPACT The 2016 Park Improvement Fund budget for Troy Hill Park included$10,000.00 to cover the cost of the concrete playground border and bench pads to be installed. The low quote submitted is under the budgeted amount. ACTION REQUESTED Staff is requesting the city council approve the attached agreement with Erickson Construction of Lakeville, Inc for installation of the Troy Hill Park concrete playground border and three concrete pads for park benches, so the work may be completed this year. ATTACHMENTSZ Type Description D Exhibit Exhibit A Troy Hill Park Location Map d Exhibit Exhibit B Troy Hill Park Quote Tabulation D Exhibit Agreement Form Exhibit A Troy Hill Park Location Map , M 4,0,ri.1 .-„.-- ,., r 7 ' . '41'..IA. • ■ t �� 4...,.,4 . A 1 . . - , ... ... ..... e;014 ° 9*,41:rtal t . ,„ , : ' ' j ,E. 4 , '� A t' ' "CI\ .• t,..'4,0�a �• ps pp ti j r . y f WSS•- i� 1938 .s * y ,,r fi iI 4.01r • : , \- . . 47_ -4, ' G ,..5.Stiff � ./. L z l■ a 0 +nF 4, 7 J 8 $ 4,0,,,i ., ,. t . e, , -,--.1 ,,„, ,i, _ .1= . 71' < 'r - 'Z ski. D c • < .. rn • �""' s. s ki . .e. k :14_, ... J of _. + 4, u 0 m 144,. ` o kitok 4 � . . °,�w �. r' * -y; ill n ar , , A F ;. + ffk `Ei aye C,",;, .c 'i _� ,,...„,. , .:.,..°id 4. .., a let,- t, * , .14.ilipis ,r a ' a (...., , April 25, 2016 1:4,800 o 225 450 900 ft r r I' ■ ' . ' I 0 65 130 260 m Property Information Disclaimer.Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. EXHIBIT B 2016 Troy Hill Park Concrete Playground Border and Bench Pads Quote Tabulation Form Name of Contractor Quote Submitted Erickson Construction of Lakeville, Inc. $9,904.00 TF Concrete and Masonry $12,827.00 AGREEMENT AGREEMENT made this a ` day of , 2016, between the CITY OF FARMINGTON, a Minnesota municipal co oration ("City"), and ERICKSON CONSTRUCTION OF LAKEVILLE,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 refund 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 22,2016,attached as Exhibit"A," • C. Request for Quotes 2016 Troy Hill Park Concrete Playground Border and Bench Pads Project,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 before June 10,2016. • 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled,inspected,and accepted, the City shall pay the Contractor$9,904.00. 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(1112%)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 2 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 3 • 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. NONDISCRIMINATION. 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 limes 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. 4 Dated: ,2016. CITY OF FARMINGTON By: Todd Larson,Mayor. /By: 64az \V/ry David McKnight,Cit Lis s stator • 5 Dated:S' 0 ,2016 CONTRACTOR: ERICKSON CONSTRUCTION OF LAKEVILLE,INC. P By: . %Preszaart--- 6 Gektb(4- A • �Oftiij City of Farmington 010` 430 Third Street N Farmington,Minnesota `,,, 651.280.6800•Fax 651.280.6899 •� .q °�� 1NWzci.farmingt miuis • 2016 Troy bill. Park Concrete Playground Border and Bench Pads-Project Quote Submittal Form Contractor's Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the plans and specifications for the work and being familiar with all factors and other conditions affecting the work and coats thereof,hereby propose to furnish all labor,tools,materials,skills,equipment and all else necessary to completely construct the project in accordance with the plans and specifications identified previously. Please provide in the space that follows,your company's information. j Name of Company Submitting Bid:E'ii" ' nr (1 �LtiY;DA, of A. i Ile ---- Contact Person: ketlin f rit e.kCe/L Address: IMO Age ST edi tax-in IA/Li I2l/V 55o, % Work Phone Number: 50 60 X 91 Cell Phone Number 96-2--;474-a'70'7' • Email Address: iLicm-hybirrak6-2/6 yabp. Co 1A Date Quote Submitted: 4--p3 ';r1,1� Troy Hill Park Concrete Border and Park Bench Pads Project Quote Amount Item Quantity/Measmement Amount 100%Crushed Limestone 6 inch depth x 42 inch wide x 340 linear feet • Playground Border Base length of 100%crushed limestone $ Material / 1�O,06 Concrete Playground Border 5.5 inch thick x 42 inch wide x 340 feet long $ V�f�id 100%Crushed Limestone Three(3)Bench Pads Base 6 inch depth x 4 feet wide x 8 feet long x 3 pads $ ‘9,064 00 - Material Three(3)Concrete Bench 5.5 inch thick x 4 feet wide x 8 feet long x 3 pads $ 49.4'0 Pads TOTAL $ Q90 14ao �,ito r,� City of Farmington k. 0 430 Third Street `!'�''�> Farmington,Minnesota '' 651.280.6800•Fax 651.280.6899 www eLThnnington.mn us EXHIBIT B Request for Quotes 2016 Troy Hill Park Concrete Playground Border and Bench Pads Project Farmington, Minnesota Deadline for submittal: 10:00 a.m. Friday, April 22, 2016 I. Introduction: The City of Farmington Parks&Recreation Department is accepting quotes from interested parties for the construction of a concrete playground border and three(3)concrete park bench pads in Troy Hill Park. All prices shall include applicable sales tax. II.Fairhills Park Location: Troy Hill Park is located at 19260 Everest Path.The • construction entrance to Troy Hill Park can be accessed from the north side of the park on Evenston Drive. See attached map for access location.All equipment used by the contractor should access the park site via this park entrance point. III. Project Completion: All.work associated with this project shall be completed on or before June 10,2016. IV.Rejection of Quotes: The City of Farmington reserves the right to reject any and all quotes,to waive irregularities and informalities therein. V. Site Visits: You may arrange a visit to the site if you wish by contacting the following . Parks and Recreations Department staffperson: Randy Distad Parks and Recreation Director 430 Third Street Farmington,MN 55024 651-280-6851 Email:rdistad @ci.farmineton.mn.us At R ry City of Farmington 430 Third Street 1 y`',;r'`tx;;. Farmington,Minnesota 651.280.6800•Fax 651280.6899 4').a o,�a� www ci ngton mn.us• V.E. Insurance Requirement: 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 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 o City of Farmington "� p 430 Third Street Farmington,Minnesota sk,1 651.280.6800•Fax 651.280.6899 •A PRUT�*�O www.cliarmingtoninn.us VII. Submitting Quotes: Contractors interested in submitting a quote must submit a quote on the attached Quote Submittal Form.A separate document included with this mailing provides project specifications in more detail. The City will open,tabulate and select the lowest quote based on the overall total cost to construct the border and park bench pads.The City will provide notification to all contractors who submit a quote for the project notifying them of the results of the quotes received for the project. Deadlines to submit a quote shall be Friday,April 22,2016 on or before 10:00 a.m.All work associated with project shall be completed on or before Friday,June 10,2016. Your quote must be submitted in a sealed envelope with the following title: "2016 Troy Rill Park Concrete Playground Border and Park Bench Pads Project" and should be submitted to the following Parks and Recreation Department staff person: Randy Distad Farmington Parks&Recreation Department 430 Third Street Farmington,MN 55024 Phone: 651-280-6851 . Email: rdistad@ci.farmington.mn.us ci.farmington.mn.us o��cARb�iy� City of Farmington. 430 Third Street ) Farmington,Minnesota 651.280.6800•Fax 651.280.6899 16„q44 111- P www.cifarmington.mn.us n n.us Location and Specifications of Work to be Completed in Troy Hill Park X. Location/Directions Troy Hill Park is located at the intersection of Everest Path and Evenston Drive. The park's physical address is 19260 Everest Path.An attached map identifies the park location. II. Specifications A. Curb Protection The Contractor shall protect with proper material the face of all curbs(if any)that are driven over to access the construction sites.The contractor shall remove this material when the project work has been completed. B. Site Preparation for New Border The City shall remove the existing concrete border,existing wood fiber and shall prepare the site where the new concrete border and park bench pads will be constructed. The contractor shall prepare the base for the new concrete border and pads for the park benches. • C. Base The Contractor shall place six inches of 100%crushed limestone Class 5 material for the new concrete border and six inches of 100%crushed limestone Class 5 material for the concrete pads for the park benches. The Contractor shall compact the base and then pour the new concrete border on top of the base. D. Concrete Playground Border Construction 1. Concrete Mix The concrete mix shall be in accordance to MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum. of 4,000 psi. 2. Dimension Measurements The concrete playground border should be five and one-half(51/2)inches thick and should be forty two (42)inches wide.The concrete playground border shall be approximately 340 linear feet in length. Drawings are attached that further illustrate the concrete playground border location,width,length and design. s,oR# , City of Farmington (11h? 430 Third Street Farmington,Minnesota 4110.A po, 651.280.6800•Fax 651.280.6899 www.ei.farmington.mn.us • 3. Slope The concrete border should have a two degree cross slope away from the playground equipment so water collected on the concrete drains away from the playground equipment. 4. Reinforcement: Rebar reinforcement shall conform to the Standard Specification for Rebar for Concrete Reinforcement of ASTM A615/A615M:Deformed and plain carbon-steel bars for concrete reinforcement. #4 rebar shall be placed in a 36 inch by 36 inch grid. The bottom of the grid shall be located vertically within the slab 2 inches from the bottom,or 3 inches from the top. In areas where the rebar would be located parallel to,and directly below any panel line,the rebar shall be offset to provide one inch of clearance horizontally from the panel line. Maintain 2 inches of clearance between the outside edge of the slab and any rebar. E. Concrete Pad Construction for Three(3)Park Benches: • .1. Concrete Mix The concrete mix shall be in accordance to MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum of 4,000 psi. 2. Preparation of Concrete Pads and Dimension Measurements There should be three concrete pads poured for park benches.Locations of the concrete park bench pads are shown on the attached playground drawing.The concrete pads should measure four feet wide by eight feet long by 5 and one-half(5%)inches thick.The concrete pads should be poured so they are incorporated into the concrete playground border but inside the playground border.The pads should be formed with 2 x 6 lumber in the dimensions identified. Forms should be removed within but no later than 48 hours of pouring the concrete. 3. Slope The front edge of the concrete pads closest to the playground equipment for the park benches should be poured so they are at least 2 inches higher than the back edge of the concrete playground border in order to create about an overall 2%slope from the front of the bench pad to the back of the concrete border. 4. Reinforcement Rebar reinforcement shall conform to the Standard Specification for Rebar for Concrete Reinforcement of ASTM A615/A615M:Deformed and plain carbon-steel bars for concrete reinforcement. #4 rebar shall be placed in a 30 inch by 30 inch grid. The bottom of the grid shall be located vertically within the slab 2 inches from the bottom,or 3 inches from the top. In areas where the rebar would be located parallel to,and directly below any panel line,the rebar shall be offset to provide one inch of clearance horizontally from the panel line. Maintain at least 2 inches of clearance between the outside edge of the slab and any rebar. • v e City of Farmington 430 Third Street x,> Farmington,Minnesota L�p4�P-�� 651.280.6800•Fax 651.280.6899 Pat•q pa��� WBJW.Ci.f£litritYlgtOri.Int1.AS 5. Park Bench installation The City will install the park benches on the concrete pads once they have adequately cured. F. Pouring,Finishing and Clean Up 1. Pouring and Finishing The concrete border should be a continuous pour with a contraction j oint every twelve(12)feet,Each panel shall be no more than twelve(12)feet in length. Contraction joints shall extend to approximately one inch depth and shall be approximately 1/8 inch wide. 2. Site Clean-Up All excess concrete not used in the project that is contained in the concrete truck and is cleaned out of the concrete truck after the concrete has been poured cement shall be removed by the contractor. Under no circumstances should any excess concrete or material remaining in the chute be cleaned out from the truck onto any public or private property. All clean out concrete material should be disposed of in an environmentally safe manner.Any forms and/or other materials generated from the construction of this project shall be removed by contractor.If forms are used they shall be pulled.After all forms are pulled and contractor has completed the site clean up work,the Parks and Recreation Director shall inspect the site for proper clean up.If the site needs additional clean up the contractor will be contacted by phone and given one week to complete clean up. lithe clean up still does not meet the satisfaction of the Parks and Recreation Director, 10%of the quote amount shall be retained until the site has been satisfactorily cleaned up. 3. Site Restoration After the concrete has adequately cured,the City will backfill with soil along the back edge of the concrete border in order for the grade of the border to match with the existing grade of the turf areas. • Once the backlilling has been completed the City will then seed the disturbed areas and apply an erosion control method. G. Underground Utilities Location: 1. Utility Locates Responsibility The Contractor shall be required to place the Gopher One call for locating underground utilities. �oEFAR �► City of Fa mington c'� r Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 44.4 WOW WWW.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson SUBJECT: Approve Bills -Finance DATE: May 2,2016 INTRODUCTION Attached is the list of bills paid April 9-22, 2016. DISCUSSION N/A BUDGET IMPACT N/A ACTION REQUESTED Approve the list of bills paid April 9-22,2016. 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O co CZ C) O m 0 To m 0) W W Cfo U" r V a°0 F O U N 0 co 7 O 0 p a- ¢ , W a- Z a- W a- Q:4.io V) co m co c$ re a Po co o ~, n E °0 'ul co "1 °0 0 re m c Q O) N a- Ol C+1 t` o 1^ Q co▪ E N E CO co to Co co co U' o a- r a- O m m a N N a N a 44 in N E ❑ 4 4 ..1. yr 4 3 cn T 10 C.) [L g co ci co cco m ODD Y I+p, W N D a M•" r a- aa-- P a- LO• Z t_ U 41141 y City of F Farmington cam' Farmington,Minnesota bps 651.280.6800 -Fax 651.280.6899 gio 414' POO. www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Notice of Intent to Consider Issuance of Cable Franchise DATE: May 2,2016 INTRODUCTION Recently,the city received a request from Frontier Communications (Frontier)for a cable franchise.As required, the city published notices of intent to consider franchises and received an application from Frontier. DISCUSSION Frontier recently approached the city about obtaining a franchise to provide cable services. Minnesota law proscribes a detailed process for considering issuance of cable franchises authorizing such service. As required, the city published a notice of intent to consider franchises;and on April 22,2016, Frontier filed a timely application and fee to the city that was responsive to the application questions.No other companies filed applications. Staff and legal counsel will review and consider Frontier's financial, technical and legal qualifications to hold franchises and provide cable service as state law ensures that Frontier's application includes information addressing these qualifications. This public hearing provides Frontier the opportunity to summarize its cable franchise application and detail its cable plans. Charter Communications and the public will have an opportunity to present comments, evidence, and argument regarding Frontier's plans. Frontier's service deployment plans may be of particular interest. Frontier's application indicates that its "planned deployment is highly confidential and that"expansion of Frontier's cable system should be driven by market success, and not a contractual requirement for ubiquitous coverage."However,Minnesota's "level playing field law,"Minn. Stat. § 238.08,provides that grant of"an additional franchise for cable service for an area included in an existing franchise"must not be"on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to:(1)the area served; (2)public, educational, or governmental access requirements;or(3)franchise fees."In addition, Charter's prior franchises contained a provision that any additional franchises be on"substantially similar terms and conditions." Charter's franchises, as extended, expired at the end of 2015. Notwithstanding, Charter may claim to still have"existing franchises"or remain entitled to the protections of its prior franchises.Additionally, Frontier's application includes several pages discussing recent FCC actions which, Frontier claims,preempt Minnesota's level playing field law.At this hearing,the companies may present evidence or argument regarding these issues. After the public hearing is closed, staff and legal counsel will more thoroughly review the application, consider the input received, and if so directed,begin negotiation of the franchise with Frontier. Upon completion, a franchising report regarding Frontier's financial, legal and technical qualifications will be presented to council along with the term of any franchise that is successfully negotiated. Minnesota's cable franchising process is qussi judicial,meaning the city councils will ultimately need to act as neutral and independent decision-makers concerning Frontier's application and any opposition that may be presented by Charter or members of the public. In re Application of Dakota Telecommunications Group, 590 N.W.2d 644, 647-8(Minn.App. 1999).As a result, staff and legal counsel should engage in any direct negotiations or communications with Frontier(and potentially Charter). City council members should not communicate directly with the companies about this matter before a final decision is rendered. BUDGET IMPACT TBD ACTION REQUESTED After the public hearing is conducted, a motion should be made to direct staff and legal counsel to negotiate franchise terms with Frontier,prepare a report concerning Frontier's qualifications and any legal issues arising out of Frontier's application, and present the final recommendations for city council action as soon as practical. ATTACHMENTS: Type Description © Backup Material Application for Cable Communication Franchise CITY OF FARMINGTON APPLICATION OF FRONTIER COMMUNICATIONS OF MINNESOTA,INC. FOR A COMPETITIVE CABLE FRANCHISE Frontier Communications of Minnesota,Inc. ("Frontier")respectfully files this application for a competitive cable communications franchise-with the City of Farmington pursuant to the City of Farmington's published Notice of Intent to Franchise and Request for Proposals this 22nd day of April,2016. Background: Overview of Frontier Frontier's motto is"We can help!" Frontier goes the extra mile for our customers and is extremely proud to serve our communities.Local engagement is more than a strategy to Frontier. It is in our DNA. Broadband and communications are central parts of daily life and are requirements for our communities to thrive and grow. Frontier takes seriously our responsibility to reliably deliver these services to the millions of customers we serve. Frontier's parent company is Frontier Communications Corporation,Frontier Communications Corporation is an S&P 500 company and is included in the Fortune 1000 list of America's largest corporations. Frontier serves a mix of urban,suburban, and rural areas in 29 states across the United States. Frontier offers a variety of services to customers over its fiber-optic and copper networks, including video,high-speed internet,advanced voice and Frontier Secure digital protection solutions. Frontier Business Edge offers communications solutions to small,medium,and enterprise businesses. Frontier's Values Frontier is committed to its core value of being the leader in providing communications services to residential and business customers in its markets by putting our customers first,treating our customers,business partners,and employees with respect,keeping our commitments,being accountable at all times,being ethical in all of ours dealings,being innovative and taking the initiative,being a team player,being active in our communities, doing right the first time and continuously improving,using resources wisely and always having a positive attitude. Overview of Frontier in Minnesota Frontier is one of Minnesota's largest incumbent local exchange carriers and our Minnesota infrastructure is critical residential customers and to the success of businesses large and small,educational institutions,healthcare facilities and public safety agencies in the communities we serve.Frontier's network is essential to the support of other {00217416.DOW 1} Wage telecommunications (such as wireless carriers) and information service providers.All Frontier products and services offer 24/7/365 support from a 100%U.S.-based workforce. Frontier employees live and work in the Minnesota communities they serve.They are our customers' friends and neighbors and the subject matter experts on the best communications technology for home and business.They are customer-focused and empowered to make the right decisions for the customer.Employees support programs and initiatives important to their communities and live Frontier's values every day. Frontier is an award-winning Veteran employer and proud to support those who served our nation.More than 1 out of every 10 Frontier employees is a veteran,reservist,and their spouse. Frontier is a member of The Military Spouse Employment Partnership,The 100,000 Jobs Mission,The Employer Partnership of the Armed Forces,Honor and Remember,and Joining Forces. Frontier is deeply involved in the communities we serve. Recent examples include: • A contributing business for the Farmington Veteran's Memorial. ® The lead(and original) sponsor of the Farmington all-female robotics STEM team. o Sponsor of Dakota County Fair events • Participant in South Metro home and art shows • Provide professional guidance to students,mentoring students on career opportunities. ® Active members in local chamber of commerce organizations including: Burnsville,Farmington,Burnsville and Rosemount. o Active with the Dakota County Technical College in establishing the new Telecom Technician certificate program. a Contributing sponsor supporting Burnsville's Ames Center, since 2008. o Major sponsor of the Burnsville International Fest. o Creator and supporter of the America's Best Cities program,which gives an opportunity for communities to win money to support their local initiatives to improve their communities. Frontier's Commitment to Our Customers Each of Frontier's markets across the 29 states we serve has a General Manager who is personally accountable for delivering extraordinary service. Decisions are made at the local level taking into account local needs and interests. In the South Metro Minnesota (00217416.Docx/1} 31 Page area, the General Manager is Darrell Hansen. Frontier's regional Vice President handling Minnesota is George Meskowsid. Frontier's regional,state and local leadership are actively involved in day-to-day operations and personally see to it that customers in their markets are receiving our best.From the CEO down, we are all accountable to our customers every day. When storms or natural disasters strike our regions,we are among the first to respond,and have the national resources to call upon.When members of our community fall on tough times,we pride ourselves on being there to support them. Our technicians work around the clock in some tough conditions to keep your services running smoothly.Know that when a person becomes a Frontier customer,they are signing up for over 28,600 employees at their back.Every day, our employees put the customer first. Frontier's Commitment to Veterans Frontier is also an award-winning veteran employer and proud to support those who served our nation.More than 1 out of every 10 Frontier employees is a veteran,reservist, and/or the spouse of a veteran. Frontier is a member of The Military Spouse Employment Partnership,The 100,000 Jobs Mission,The Employer Partnership of the Armed Forces,Honor and Remember,and Joining Forces. Frontier Communications of Minnesota,Inc.,the applicant,is a Minnesota Corporation in good standing and authorized to do business in the State of Minnesota. The following responds directly to the requested information set forth in the Request for Proposals pursuant to Minn.Stat. §283.081Subd.(4): A. Plans for channel capacity,including both the total number of channels capable of being energized in the system and the number of channels to be energized immediately. Frontier's underlying technology allows for an almost unlimited channel capacity. While a final channel lineup has not been finalized at this time,please see "Exhibit A- channel lineup and programming packages" from another jurisdiction Frontier offers service. Frontier will provide the City with a copy of the actual channel lineup prior to launching service. Frontier also provides a robust library of Video on Demand content. B. A statement of the television and radio broadcast signals for which permission to carry will be requested from the Federal Communications Commission. Frontier will make all appropriate filings and preparations prior to the turn up of its video service including(1)filing a community registration with the FCC via FCC Form 322; (2)providing notice to local broadcasters and requesting either must-carry or retransmission consent election. (00217416.000C/1} 4 I P a g e In its existing markets,Frontier complies with many additional federal requirements in providing its service,including all of the FCC requirements applicable to multichannel video programming distributors(such as equal employment opportunity and set-top box requirements),the FCC requirements applicable to EAS participants that are wireline video service providers,other FCC requirements applicable to provision of Vantage TV (Frontier Broadband Service in Minnesota) (such as receive-only earth station license requirements and annual regulatory fees for IPTV providers),and the Copyright Office requirements for cable systems filing semi-annual copyright statements of accounts and paying statutory license fees.Frontier does not file an FCC Form 327 relating to CARS microwave facilities because Frontier does not use such facilities in connection with the provision of Vantage TV. Similarly,Frontier does not file FCC Form 320 and FCC Form 321 as they relate to the use of aeronautical frequencies that are not applicable to the IPTV technology. hi these areas where Frontier offers service, area,Frontier will negotiate retransmission or must carry agreements with the following stations: KTSP(ABC) WCCO(CBS) KVISP(FOX) KARE(NBC) WFTC(My Network) WUCW(CW) KSTC(This/Antenna) KTCA(PBS) WUMN(Univision) KPPXM(ION) The planned carriage of the stations identified above could include both primary and multicast signals of each station. C. A description of the proposed system design and planned operation, including at least the following items: The following provides a general description of the technology and infrastructure: Frontier Communications' Vantage TV video offering is powered by Ericsson's Mediaroom software platform. Mediaroom is the world's#1 IPTV platform—one that is proven and widely adopted by Network Service Providers worldwide—with over 16.4 million subscriber households and 32 million connected devices running the software to date. Vantage TV is an innovative,scalable,and highly reliable video service designed to run over our IP enabled networks (xDSL,FTTP/FTTN,etc.). Our customers' satisfaction has been extremely high to date—relative to our competitor's video offerings in the same markets in which we are deployed. {00217436,DOCX/11 5 I P a g e Vantage TV's core product features include: o Secure delivery of SD (Standard Definition), HD (High Definition) and 4K/UHD(Ultra High Definition)content—via integrated Digital Rights Management—to set-top Boxes on each TV. ® Superior HD,SD&UHD picture quality. a WiFi-enabled set-top boxes are also a deployment option allowing our customers to place their TVs wherever they want in their homes. e Live TV broadcast with instant channel change allowing super-fast navigation through our Interactive Programming Guide. a Video On-Demand library that will contain more than 100,000 movies and shows. e Total Home DVR records up to 6 shows at once and lets our customers pause,rewind and play back live TV and store over 170 hours of HD programming. We provide our customers with up to 1 Terabyte worth of on-premise storage capacity. o Next generation EPG (Electronic Program Guide) and enhanced search functionality deliver real time results with a rich, new visual poster-art driven experience that allows our customers to easily discover and consume content on their terms. a Integrated interactive applications include Social TV(access to Twitter and Facebook),Weather,Interactive Workout,Home Shopping Network and interactive games. It is important to note that Vantage TV is more than just a"middleware"or a User Interface;it is an end-to-end platform that covers all video functional dependencies starting from Content Acquisition all the way through to Service Consumption. These are described below: Content Acquisition:Frontier processes Live and On-Demand content through encoders - and content packaging tools at our Video Headend in Fort Wayne, Indiana and Video Serving Offices (VSOs) in markets that we serve. Acquisition Servers (A-Servers) in our service delivery architecture encrypt streams, encapsulate in RTP and/or Smooth Streaming format,and put multicast streams out on our network for devices to seamlessly connect to and consume content. Content Protection: Frontier secures all of the content it received through leveraged Digital Rights Management(DRM)and Public Key Infrastructure(PKI)systems,which in turn,establishes trust across its entire server environment and its set-top Box clients. {00217416.DOCX/1) Wage • Service Management. Vantage TV leverages a complex TV Services management tool to configure and manage subscriber information, Live TV Services, Channel Line-Up/ Channel Maps, and Video On Demand Services all from a web-based interface that our Video Operations team controls. Subscriber Management: Frontier integrates Vantage TV with our internal Billing and Provisioning systems (OSSIBSS) in a seamless fashion to ensure the most efficient customer experience. We continuously monitor the system end to end and manage subscriber groups, entitlements, and user authentication to all content and packages,while at all times protecting customer information A subscriber group is essentially a category to which one or more client set-top boxes are associated with. For example, a single client device might be in the following subscriber groups: "RD-capable," "Premium Content Package," and/or "Suburban Illinois metro area." Subscriber groups also have Server clusters associated with them (for VOD and Linear TV Services). For example "South Metro" might be used to associate a subscriber group to a set of live channels,public-access channels,and correlated to a specific set of video distribution servers that provide content. The TV Services Management tool then offers the ability to associate clusters of Servers with a subscriber group and to associate subscriber groups with client devices (propagating associated content rights and entitlements). .Service Delivery: Frontier delivers high-quality Live and Video-on-Demand content over our Managed IP Network to the customer premise. Distribution Servers (D- Seivers)in our service delivery architecture buffer streams,generate instant channel change bursts, and do forward error packet correction. Service Consumption: Frontier presents content to our customers' TVs in a secure and reliable manner through Vantage TV's client software. That software, which decrypts the stream(via SOC/System on a Chip),resides directly on our customers' set-top boxes. ,cry TC�S`[ yet 1 J.YI ti ' L.IVR l It �� a z � • Media ��''.� 1 ( t �� F T 4,1 �s r 4YiK+ak 4 hS q ri .v45: t t i4 QJC;vf�.f.{?Ea,. klfttg •F, r $ —�� za ri4 ryt -On-Demand ` ponger8AoQees 3 , Mr• Media vgeTV Network a �7 Headend located In ', , - Fort Wayne,IN • {00217416.00ac/1} 7 I P a g e In summary,Vantage TV is an end to end software solution that enables Frontier to deliver next-generation TV experiences including standard and high-definition/ultra-high- definition live TV channels,video-on-demand(VOD),digital video recording(DVR)and connected entertainment experiences to our customers. The following responds directly to the requested information set forth in the Request for Proposals regarding a description of the proposed system design and planned operation: 1. The general area for location of antenna and headend,if known; Frontier has a "super head end"in Fort Wayne,Indiana which has a satellite "faun" used to download national content.This super head end has redundancy to receive terrestrial secondary feeds from Verizon,i.e., should an emergency interrupt service from one of its national content sources. The national content is encoded and then deployed over diverse 10 GIG circuits to the local head where the local content,including public, educational and government access channels,is inserted for delivery to end users. Customers in the City of Farmington will be served out of the head end in Apple Valley. Frontier will pickup the local broadcast signals via fiber circuits and/or will also capture those signals by antennae located at the local head end and/or as a back-up,precautionary measure. 2. The schedule for activating cable and two-way capacity; While an exact launch date has yet to be determined,Frontier is working diligently to complete all necessary work and required testing and operational readiness reviews to offer service to customers upon successful execution of a Franchise Agreement.Frontier will meet with Commission and appropriate member jurisdictions to share the actual launch date when it becomes finalized. 3. The type of automated services to be provided; As noted in Section B above,Frontier has provided a sample channel lineup. See Exhibit A. This illustrates the vast selection of content available to subscribers. Vantage TV offers: • Incredible 100%digital picture and sound. o Total-home DVR with ability to record up to six shows at once and view on any TV with a set-top box. • Instant channel change and super-fast navigation through our interactive program guide and Video on Demand. {00217416.DO(x/1} 8 I P a g e • The ability to watch up to six different channels at once with Multi-View. • The ability to Pause,Fast Forward,Rewind live or recorded shows on up to eight TVs in your house. • Next generation enhanced search which delivers real-time results by program name,actor/actress and other keywords across Live TV,Video On Demand and DVR recordings. • Introducing Channel Peeks which maintains full-screen viewing while "peeking" into other programming. o Recent&DVR Peek allows you to preview and tune to any of the last five channels or DVR recordings. 4. The number of channels and services to be made available for access cable broadcasting; and Frontier will carry the same number of PEG stations as the incumbent. S. A schedule of charges for facilities and staff assistance for access cable broadcasting; i. Frontier will make all franchised cities' access channels available to its subscribers.For purposes of acquiring the signal,Frontier will pick up the particular City's access channel signals at the point(s)of origination via fiber facility and transport such content back to the local VSO for insertion in the channel lineup. At the point(s)of origination,Frontier will need rack space and power for its equipment to receive the signal(s)handed off by the City to Franchisee. Franchisee will pay for all facilities and equipment located on its side of the demarcation point where the City will hand off its content to Franchisee and as is industry practice the City will be responsible for all equipment on its side of the demarcation point. D. Terms and conditions under which particular service is to be provided to governmental and educational entities. Frontier will provide at no charge expanded basic service to all government buildings, schools, and public libraries located within its service footprint so long as those locations are capable of receiving service from Frontier and no other cable provider is providing service at such locations. E. A schedule of proposed rates in relation to the services to be provided and a proposed policy regarding unusual or difficult connection of services. Final rates have yet to be determined,please see "Exhibit B-sample rates" which are {00217416.DOCx/1} 9 1 p a g e offered here for illustrative purposes. F. A time schedule for construction of the entire system with the time sequence for wiring the various parts of the area requested to be served. Frontier is still finalizing its initial footprint for the deployment of cable services within the City of Farmington service area. Frontier's planned deployment is highly confidential. Pursuant to an executed franchise agreement(s),Frontier will meet regularly with the City and the Commission to discuss where service is available and any plans for additional deployment. Frontier is the second entrant into the wireline video market in the City of Farmington. As a second entrant,investment in and expansion of Frontier's cable system should be driven by market success,and not a contractual requirement for ubiquitous coverage. The following sets forth some critical background with respect to employment of both telecommunications and cable infrastructure. Initially,local telephone companies were granted monopolies over local exchange service in exchange for taking on a provider of last resort obligation-a duty to provide service-to customers in its service territory. Similarly,with respect to video services. The incumbent video provider(and its predecessors)operated as a monopoly over facilities-based video. In exchange for making the capital investment to deploy facilities,the incumbent cable company got 100 percent of the customers who wanted cable television. Subsequently,with respect to telephone services,the federal and local governments effectively eliminated the local telephone monopolies and fostered robust competition. It should be noted that in doing so,the telecom second entrant had absolutely no obligation to build any facilities or to serve any particular location(s)at all.As the FCC noted, imposing build-out requirements on new entrants in the telecommunications industry would constitute a barrier to entry(13 FCC Red 3460, 1997). Cable companies were free to enter the telecom market on terms that made business and economic sense to them. This very environment was the catalyst for robust wireless and wireline competition and the proliferation of higher broadband speeds. Congress became concerned about the lack of competition in the video world and in 1992 amended federal law to prohibit a local franchising authority from "unreasonably[y] refus[ing] to award an additional competitive franchise." 47 U.S.C. § 541(a)(1)provides a direct avenue for federal court relief in the event of such an unreasonable refusal. 47 U.S.C. §555(a)and(b). Until the advent,however,of state statutes granting statewide cable franchises without a mandatory build requirement (e.g.,Florida)or progressive cities willing to grant competitive franchises,cable monopolies continued to the detriment of consumers and competition.Level playing field requirements are just one example of bathers to competitive entry erected by cities at the behest of the cable monopolies. Courts have ruled,however,that"level playing field"provisions do not require identical terms for new entrants.See,for example,Insight Communications v. City of (00217416.00cx/1} 10 I P a g e • Louisville, 2003 WL 21473455(Ky. Ct. App.2003), where the court found: There will never be an apple-to-apple comparison for Insight and other franchisee simply because Insight is the incumbent which in its own right and through its predecessors has been the exclusive provider of cable services in the City of Louisville for almost thirty years. No new cable franchisee can ever be in the same position as a thirty-year veteran.See also In Cable TV Fund 14-A, Ltd. v. City of Naperville(1997 WL 209692(N.D. Ill); and New England Cable Television Ass'n, Inc. v. Connecticut DPUC 717 A.2d 1276 (1998). In sharp contrast to the monopoly provider, a second entrant faces a significant capital outlay with absolutely no assurance of acquiring customers;rather,it must compete with the monopoly incumbent and win each and every customer over.As Professor Thomas Hazlett of George Mason University has explained, "[i]ncumbents advocate build-out requirements precisely because such rules tend to limit,rather than expand, competition." The federal Department of Justice has also noted that"...consumers generally are best served if market forces determine when and where competitors enter. Regulatory restrictions and conditions on entry tend to shield incumbents from competition and are associated with a range of economic inefficiencies including higher production costs,reduced innovation,and distorted service choices." (Department of Justice Ex Palle,May 10,2006,FCC MC Dkt 05-311) The fact is that the incumbent cable provider has (1)an established market position;(2) all of the cable customers; and(3)an existing,in-place infrastructure.These disparate market positions make imposing a build-out requirement on a competitive entrant bad public policy.Under the guise of"level playing field" claims,incumbent cable operators seek to require new entrants to duplicate the networks the incumbents built as monopolies,knowing that such a requirement will greatly reduce,if not eliminate,the risk of competitive entry. In 2007,the FCC issued its findings with respect to facilities based video competition and held as follows: (1)with respect to level playing field requirements,the FCC stated that such mandates "unreasonably impede competitive entry into the multichannel video marketplace by requiring local franchising authorities to grant franchises to competitors on substantially the same terms imposed on the incumbent cable operators(Para. 138); and(2)with respect to mandatory build out,the FCC held that"an LFA's refusal to grant a competitive franchise because of an applicant's unwillingness to agree to unreasonable build out mandates constitutes an unreasonable refusal to award a competitive franchise within the meaning of Section 621(a)(1) [47 U.S.C. §541(a)(1)]." Those two FCC holdings alone should put this entire matter to rest-level playing field requirements and unreasonable mandatory build requirements are barriers to competitive ,entry in the cable market and violate the federal Cable Act and the FCC's order. Minnesota,however,codified its requirements in a state law and the FCC expressly declined to "preempt"state laws addressing the cable franchising process. {00217416.DOCx/1} 11 [ P a g e It is clear,however,that the FCC did not intend to protect the Minnesota statute which mandates the imposition of barriers to entry on each and every local franchising authority.As various providers were trying to enter the competitive cable market and encountering barriers such as level playing field requirements and mandatory build out provisions,many states passed statutes to facilitate competitive entry and to prevent local franchising authorities from erecting barriers to entry. Such laws were passed in 26 states including Florida,Missouri and North.Carolina,where incumbent video providers have taken advantage of the streamlined process to enter a market without a mandatory build obligation. These laws have facilitated competitive entry as evidenced,for example;by the presence of four facilities based competitors in the Orlando,Florida market,including CenturyLink and Comcast.As such,these state laws are aligned and not in conflict with the FCC's and Congress'policies for promoting competition in the video distribution market. Minnesota's cable law,however,is quite the opposite. Minnesota's cable act dates back to the 1970s and directs each local franchising authority to impose not only a level playing field across a broad range of issues (many of which Frontier does not oppose), but also a five year mandatory build out requirement. Both of these provisions have been deemed to be barriers to entry by the FCC.The incontrovertible fact is that the law has been extremely successful in barring cable communications competition in the City of Farmington:The City of Farmington has not experienced any facilities-based competition because of the barriers to entry Minnesota codified in Chapter 238. In support of this position,that the FCC's 2007 Order preempts Minn.Stat.Chapter 238,Franchisee notes the following: • Conflict preemption: State law may be preempted without express Congressional authorization to the extent it actually conflicts with federal law where state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."English u General Elec. Co., 496 U.S.72,79(1990). o Whether state law constitutes a sufficient obstacle is a matter of judgment to be informed by examining the federal statute as a whole and identifying its purpose and intended effects. Crosby v.Nat'/Foreign Trade Council, 530 U.S.363 #372(2000). o Minn. Stat.§238.08 mandates terms that each municipality must implement in granting a new or renewed cable franchise. Minn.Stat. §238.084 sets forth the required contents of a franchise ordinance and sets forth very precise requirements in an initial franchise about the build: commence build within 240 days;must construct at least 50 plant miles per year; construction throughout the franchise area must be substantially completed within 5 years of granting the franchise;and {00217416.DOcx/1) 12 1 P a g e these requirements can be waived by the franchising authority only upon occurrence of unforeseen events or acts of God. ® Section 621(a)(1)initially gave local authorities the authority to grant franchises,but this broad grant resulted in exclusive franchises/monopolies. Congress "believe[d)that exclusive franchises are contrary to federal policy ... which is intended to promote the development of competition." H.R. Conf.Rep.No. 102-862,at 77 (1992). m Legislative history clearly supports that Congress was focused on fostering competition when it passed the 1992 Act. Quest Broadband Servs. Inc. v. City of Boulder, 151 F. Supp.1236, 1244(D. Colo.2001). • In its 2007 order,the FCC found that"an LFA's refusal to grant a competitive franchise because of an applicant's unwillingness to agree to unreasonable build out mandates constitutes an unreasonable refusal to award a competitive franchise within the meaning of Section 621(a)(1)." The FCC order,however,targeted local and not state laws. • Arguably,the Minnesota build requirements set forth in Section 238.084(m)are in conflict with Section 621(a)(1) and are,therefore, preempted. ® In the Boulder case,the court applied Section 621's prohibition on unreasonable refusals to grant franchises to find conflict preemption where local rules required voter approval for any new franchises. • The mandatory build out in the Minnesota statute could be considered a de facto "unreasonable refusal"to grant a franchise and thus conflict with the pro-competition purpose set forth in Section 621(a)(1). • In upholding the FCC's ruling,the Sixth Circuit stated that "while the [FCC) characterized build out requirements as 'eminently sensible'under the prior regime in which cable providers were granted community-wide monopolies,under the current,competitive regime,these requirements 'make entry so expensive that the prospective...provider withdraws its application and simply declines to serve any portion of the community." Alliance for Ginty Media v, FCC, 529 F.3d 763,771 (6th Cir. 2008). ® The FCC ruling targeted local rules and actions and the FCC refrained from preempting state regulation because it lacked"a sufficient record to evaluate whether and how such state laws may lead to unreasonable refusals to award additional competitive franchises."FCC Cable {00217416.000C/1} 13 I Page Franchising Order(FCC 06-180,at n.2&126).That is not to say, however,that upon full consideration, the FCC would not find the Minnesota mandatory build requirements to constitute an unreasonable refusal under Section 621. o The franchising laws which were being enacted about the time of the FCC order facilitated competitive entrants into the facilities based video market. o In sharp contrast, the Minnesota statutes mandates individual cities and commissions to include onerous build out schedules which, standing alone,would run afoul of the FCC's order. It should also be noted that at least two cities in Minnesota have chosen to award competitive franchises to second entrants without satisfying all the mandates of Chapter 238.See Mediacoin Minnesota, LLC v. City of Prior Lake, Minn. Ct.of Appeals,A09-1379 (Unpublished decision,Filed June 22,2010). In October 2014,the City of Owatonna awarded a competitive franchise to a second provider,and the franchise did not contain the five year build requirement set forth in Chapter 238. Rather, it contained a market success model expressly endorsed by the FCC.The competitor will provide service to 25 percent of the City of Owatonna and will have no further obligation to enable the provision of cable communications services until 48 percent of households in the footprint subscribe to its service. Finally,nothing in the FCC's Order on Reconsideration released in January of this year alters the above analysis. G. A statement indicating the applicant's qualifications and experience in the cable communications field,if any. Frontier Communications is an S&P 500 company and is included in the Fortune 1000 list of America's largest corporations. General Manager,Southeast Minnesota(including South Metro):Darrell Hansen is currently the general manager overseeing Frontier's Southeast Minnesota operations. He has overall responsibility for the operations organization serving this area,including customer service and community relations. He began with one of our predecessor companies,Contel,in 1972 on a facility construction crew. He held various technical positions from 1972 to 1979 when he was promoted to a manager position. He retired in 2006 and returned a year later for a special project and was shortly thereafter promoted to his current General Manager position. He will be retiring at the end of April 2016 and a successor will be named in the near future. {00217416.DOCX/11 14 Page Area General Manager,Minnesota,Iowa and Nebraska: George Meskowski is Frontier's Area General Manager with overall operations responsibility for the states of Minnesota,Iowa and Nebraska. He lives and has his office in the South Metro area. He has overall responsibility for the entire operations organization in the three states and is responsible for all customer service and community relations for these areas. George was formerly a general manager with Frontier in Michigan and Indiana prior to being promoted to his current position in 2014. President and Chief Executive Officer: Daniel J.McCarthy became a member of the Frontier Board of Directors in May 2014.He has been President and Chief Operating Officer since April 2012 and was Executive Vice President and Chief Operating Officer from January 2006 to April 2012.Before this,he was Senior Vice President,Field Operations from December 2004 to December 2005,Senior Vice President,Broadband Operations from January 2004 to December 2004, and President and Chief Operating Officer of Electric Lightwave from January 2002 to December 2004. Mr.McCarthy has been with Frontier Communications Corporation since 1990,when he joined the company's Kauai,Hawaii,electric division.In 1995,he moved to Flagstaff, Arizona, and assumed responsibility for the company's energy operations.In 2001 he was promoted to President and Chief Operating Officer of Citizens Public Services sector, responsible for the company's energy and water operations.He earned a bachelor's degree in marine engineering from the State University of New York Maritime College at Fort Schuyler,and holds an M.B.A.from the University of Phoenix. Iri October 2013,he was appointed a Trustee of The Committee for Economic Development,a nonprofit,nonpartisan,business-led,public policy organization that combined with The Conference Board, a nonprofit business membership and research group organization.In December 2013,Mr.McCarthy was elected to the Board of Trustees of Sacred Heart University in Fairfield, Connecticut.He is also a member of the Western Connecticut Health Network Corporate Advisory Council. Executive Vice President and Chief Financial Officer:John M.Jureller is Executive Vice President and Chief Financial Officer.He joined Frontier Communications in January 2013 as Executive Vice President and Chief Financial Officer—Elect and became Chief Financial Officer on February 27,2013. From 2008 through 2012,Mr.Jureller was Senior Vice President,Finance and Operations for the Resources Group of General Atlantic LLC,a global growth private equity firm managing$17 billion around the globe. Before this,he was Chief Financial Officer of WestPoint International,Inc.,with overall financial responsibility for a$900 million company.He was responsible for all financial matters,including public financial reporting,taxation, internal audit and corporate finance. From 2003 through 2006,Mr.Jureller was a member of the Corporate Turnaround&Restructuring practice of AlixPartners,LLC.His responsibilities gave him {00217416.DM(/1) 15 P a g e wide exposure to telecommunications,including cable,wireless and internet services. Previously,he was Chief Financial Officer of Trans-Resources,Inc.;Senior Vice President, Corporate Development at Gartner,Inc.;and Senior Vice President,Finance and Corporate Development at Caribiner International,Inc.Early in his career,Mr. Jureller held increasingly senior financial roles at PepsiCo World Trading Company,Inc., Emcor Group,Inc.,and General Electric Capital Corporation.Mr.Jureller began his career in finance at Bankers Trust Company.Mr.Jureller earned a B.S.with Distinction and an M.B.A.in Finance from Cornell University.He sits on the Board of Directors of White Plains Hospital in White Plains,New York and is a member of the hospital's Finance Committee. Executive Vice President,Frontier Secure and Administration: Cecilia K.McKenney is Executive Vice President,Frontier Secure and Administration,responsible for Frontier Secure,Human Resources,Marketing, and Product Development. Before this,she was responsible for Human Resources,Sales Operations,Corporate Communications and Public Relations.She was Executive Vice President,Human Resources and Call Center Sales&Service from February 2008 to May 2012.Ms.McKenney joined the company as Senior Vice President,Human Resources in February 2006.She is a member of the company's Senior Leadership Team and reports to the CEO. Frontier Secure, a service of Frontier Communications,offers products and services to protect every aspect of digital life,including computer security,cloud backup&sharing, the connected home,identity protection,equipment protection and 24/7 U.S.-based premium technical support. Its products and services are sold nationwide directly to consumers and small businesses,and wholesale through strategic partnerships.Prior to Frontier,Ms.McKenney was Group Vice President of Headquarters Human Resources for the Pepsi Bottling Group,Inc. (PBG)in Somers,New York,responsible for all Human Resources functions supporting PBG's worldwide operations.Her organization supported PBG's headquarters and call center in addition to providing long-term strategic direction and day-to-day business support for Staffing,Compensation and Benefits, Diversity,Training,Talent Development and Human Resources Systems. Ms.McKenney joined the Pepsi-Cola Company in 1989 in its headquarters-based employee benefits group. She became Human Resources Manager in Pepsi-Cola's Northeast Business Unit in 1992.In less than two years,Ms.McKenney transferred to Northern California to manage HR issues for the company's San Francisco market. In 1995,she was appointed Director of Human Resources for PBG's California Business Unit.When PBG became an independent company near the end of 1998,Ms.McKenney was appointed Vice President,Staffing and Diversity at Company's headquarters.In 2000,she was promoted to Vice President,Headquarters Human Resources and was named Group Vice President,Headquarters Human Resources,in 2004. Prior to Pepsi,Ms.McKenney worked for Mutual of New York and L.F.Rothschild in Human Resource and Management roles. She earned a bachelor's degree in business {00217416.eocx/1} 16 ( Page administration from Franklin&Marshall College and is a Certified Employee Benefits Specialist. Ms.McKenney is a member of The Leadership Council of Franklin&Marshall College and a member of the Board of Directors of The Child Care Council of Westchester County,Inc. In May 2014,she was honored with the HR Leader Award in the Large Company category at the 2014 Fairfield County HR People of the Year Awards.The awards are given each year by The Southern Connecticut Chapter of the Society for I-Inman Resource Management to recognize individuals whose performance and contributions have significantly benefited their organizations,the Human Resources profession and the community. Executive Vice President,External Affairs:Kathleen Quinn Abernathy is Executive Vice President,External Affairs,responsible for the company's governmental and regulatory affairs. From March 2010 to June 2012, she was Chief Legal Officer and Executive Vice President,Regulatory and Governmental Affairs.Prior to joining Frontier, she was a Partner at Wilkinson Barker Knauer LLP,advising clients on a wide range of legal,policy and regulatory issues related to telecommunications and the media. Before this,she was a Partner at the law firm of Akin Gump Strauss Hauer&Feld,LLP. Ms.Abernathy served as a Commissioner with the Federal Communications Commission (FCC)from 2001-2005.While a Commissioner,she chaired the Federal-State Joint Board on Universal Service and participated as a U.S.representative in numerous international bilateral and multilateral negotiations,including the 2002 International Telecommnmcation Union(ITU)Plenipotentiary Conference and the 2003 ITU World Radiocommunications Conference. She was appointed by the ITU to chair the 2004 ITU Global Symposium for Regulators. Prior to joining the FCC,Ms.Abernathy was Vice President for Public Policy at BroadBand Office Communications;Vice President for Regulatory Affairs at US West; and Vice President for Federal Regulatory Affairs at AirTouch Communications.Earlier in her career, she was Legal Advisor to two FCC commissioners and a Special Assistant to the agency's General Counsel. Ms.Abernathy has received numerous honors and awards in recognition of her contributions to the profession.In 2011 she was named one of the"Top Ten Women in Telecom"by Fierce Telecom and honored by Legal Momentum with an "Aiming High Award."She was featured in Chambers USA's "Leaders in their Field"in the Telecom, Broadcast&Satellite:Regulatory category(2009);included in the Washington,DC edition of Super Lawyers(2009,2010); and named one of Washington's Top Lawyers by Washingtonian magazine(2007,2009). Ms.Abernathy served on Frontier Communications'board of directors from April 2006 through February 2010. She is currently on the boards of the John Gardner Fellowship Association,which is affiliated with U.C.Berkley, and Stanford University and Children {00217416.DOQ(/1} 17I p a g e Now. She also serves on the board of ISO New England Inc.,the operator of New England's bulk power and wholesale electricity markets. Ms.Abernathy received her B.A.magna cum laude from Marquette University and her J.D. from Catholic University of America's Columbus School of Law,where she was a Distinguished Practitioner in Residence.She is a member of the District of Columbia Bar and the Federal Communications Bar Association,of which she is a Past-President,and has served as an adjunct professor at Georgetown University Law Center and The Columbus School of Law. Senior Vice President,General Counsel Secretary:Mark D.Nielsen joined Frontier in March 2014 as Senior Vice President,General Counsel,and Secretary.Prior to this,he was Associate General Counsel and Chief Compliance Officer for Danbury,Conn.-based Praxair Inc.From 2007 to 2009,he was a Vice President and Assistant General Counsel of defense contractor Raytheon Co. Before that,Mr.Nielsen served as Chief Legal Counsel, and then Chief of Staff,to Massachusetts Governor Mitt Romney(2004-2007). Mr. Nielsen began his legal career in 1990 as an associate with the Hartford law firm of Murtha, Cull na LLP.He also served three two-year terms in the Connecticut Legislature, one term in the House(1993-1995)followed by two terms in the Senate(1995-1999). Mr. Nielsen graduated from Harvard College magna cum laude and Phi Beta Kappa.He earned his law degree,cum laude,from Harvard Law School. H. An identification of the municipalities(including contact information for the municipal officials in each community)in which the applicant either owns or operates a cable communications system,directly or indirectly,or has outstanding franchises for which no system has been built. Please see Exhibit C for a list of jurisdictions Frontier or an affiliate of Frontier holds a cable franchise agreement pursuant either to local agreement or statewide franchise authority. I. Plans for financing the proposed system,which must indicate every significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital.This information should include: 1. Current financial statement Frontier's ultimate parent company is Frontier Communications Corporation.Frontier Communications Corporation's most recent Form 10-K(along with all other SEC filings)may be found here:http://investor.frontier.cor/sec.cfrn. {00217416.00cx/1} 18 I Page 2. Proposed sources and uses of funds for the construction project Frontier's parent company is Frontier Communications Corporation.Frontier Communications Corporation is an S&P 500 company and is included in the Fortune 1000 list of America's largest corporations with reported fourth quarter 2015 revenue of$1,413 million and operating income of$182 million. Frontier does not require any unique or additional funding sources(i.e.special notes or bonds) in order to deploy its Vantage TV service in this, or any other market. 3. Financial budgets for the next three(3)years Please see response to Section I(4)below. 4. Documentation regarding the commitment of funds,and As a publicly traded company,Frontier releases a very limited amount of forward- looking information for the company as a whole,but it does not provide forward- looking information at the individual market level because it could lead to incorrect or inappropriate assumptions or conclusions by its current and potential investors regarding the business as a whole. Given the extremely sensitive nature of the information contained in the requested pro forma,Frontier cannot file this information as part of its application. 5. Any other information that applicant determines would be useful in evaluating its financial qualifications. Please see response to Section I(1)above. J. A statement of ownership detailing the corporate organization of the applicant,if any,including the names and addresses of officers and directors and the number of shares held by each officer or director,and ' intercompany relationship,including the parent,subsidiary or affiliated company. Frontier Communications of Minnesota,Inc. operates as a subsidiary of Frontier Communications Corporation. Frontier Communications Corporations Board of Directors believes that the purpose of corporate governance is to ensure that Frontier maximize stockholder value in a manner consistent with legal requirements and the highest standards of integrity.The Board has adopted and adheres to corporate governance practices which the Board and senior management believe promote this purpose, are sound and represent best practices.We continually review these governance practices,Delaware law(the state in which we are incorporated),the rules and listing standards of the NASDAQ Exchange and SEC regulations,as well as best practices suggested by recognized governance authorities. {oo217416.00CX/1} 19 ( P a g e Frontier's Board of Directors' Code of Business Conduct and Ethics reflects Frontier's commitment to maintain a culture of integrity,honesty and accountability when dealing with our business partners,our customers,our stockholders and each other. It is intended to help us focus on areas of ethical risk,recognize and deal with ethical issues, and to provide us with the resources and procedures.The code applies to all of Frontier's directors,officers and employees,including those at Frontier's subsidiaries and affiliates. Directors: Pamela D.Reeve,Chairman Leroy T.Barnes Jr.,Director Peter C.B. Bynoe,Director Diana S.Ferguson,Director Edward Fraioli,Director Daniel J.McCarthy,Director Virginia P.Ruesterholz,Director Howard L.Schrott,Director Larraine D.Segil,Director Mark Shapiro,Director Myron A.Wick,III,Director Officers: Chief Executive Officer and President Daniel McCarthy Executive Vice President,External Affairs Kathleen Quinn Abernathy Executive Vice President and Chief Financial Officer John M.Jureller Executive Vice President, and Chief Custom Office Cecilia K McKenney Executive Vice President,Field Operations John Lass Executive Vice President and Chief Technology Officer Steve Gable { 2 100 /1 . 20 p a g e Senior Vice President,General Counsel,Secretary Mark D.Nielsen Executive Vice President and Chief People Officer Kathleen Weslock Contact information for the members of Frontier's Board of Directors and Management, as well as their profiles,may be found at http://investor.frontier.com/directors.cf and Frontier's Management's profiles found at http://investor.frontier.com/management.cfm. For information concerning the number of shares held by each officer or director of Frontier,please see Frontier Communications Corporation's most recent Form 10-K (along with all other SEC filings)found at: http://investor.frontier.com/sec.cfm. For information concerning intercompany relationships,including the parent,subsidiary or affiliated companies please see the detailed corporate structure depicted on the attached Exhibit D. K. A notation and explanation of omissions or other variations with respect to the requirements of the proposal. None at this time. Submitted by Frontier with our Application. Subscribed ands orn to before me this C7+f �/2o�� N y ublic My Commission Exp...- - 20/ A ik HASSAN EMIHUSSEIIN ,r 1 � NOTARY tAO M}NNE M A (00217416.00cx/a.} 21 I P a g e /ON* City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 -7'A PR,, www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement Tamarack Park Basketball Court Improvement Project DATE: May 2, 2016 INTRODUCTION The Tamarack Park basketball court contains birdbaths, cracks and the surface of the court is beginning to deteriorate. The basketball court is an asphalt surface and was installed in 2004. The court surface has not received any repairs or resurfacing work since it was installed. By completing the repair and resurfacing work, the life of the existing pavement surface will be extended. DISCUSSION Staff mailed a Request for Quotes 2016 Tamarack Park Basketball Court Improvement Project to four contractors who have experience in the business of repairing and resurfacing basketball courts. Exhibit A identifies the tabulation of the three quotes received. Lee Sports Surfacing, LLC, submitted the low quote for the project in the amount of$4,850.00. Photos of the existing condition of the basketball court are shown in Exhibit B. There are several areas that have settled resulting in depressions in the court(birdbaths)area that hold water after it rains. Some ridges have occurred throughout the length of the court where the asphalt has settled. There are also a number of locations where the pavement's aggregate material is significantly exposed. The aggregate material will eventually loosen and fall apart. Further delay in the repair and resurfacing work will cause the surface to continue to deteriorate to the point of the entire pavement needing to be replaced. Included as an attachment is the agreement form the city council is being asked to approve with Lee Sports Surfacing, LLC to repair and resurface the basketball court in Tamarach Park. The location of Tamarack Park is shown in Exhibit C BUDGET IMPACT Funds were approved in the 2016 Park Maintenance budget to cover the cost of repairing and resurfacing the basketball court in Tamarack Park. ACTION REQUESTED Staff is requesting the city council approve the attached agreement with Lee Sports Surfacing, LLC for the repair and resurfacing of the Tamarack Park basketball court so the work can be completed in 2016. ATTACHMENTS: Type Description © Exhibit Exhibit A Quote Tabulation © Exhibit Exhibit B Photo Current Basketball Court Condition © Exhibit Exhibit C Tamarack Park Location Map Agreement Tamarack Park Basketball Court D Contract Improvement Project EXHIBIT A 2016 Tamarack Park Basketball Court Improvement Project Quote Tabulation Contractor Name Quote Amount Lee Sports Surfacing, LLC 4,850.00 Court Surfaces & Repair, Inc. 4,880.00 C & H Sports Surfaces, Inc. 5,995.00 EXHIBIT B Tamarack Park Basketball Court Current Condition Photo " a, .r a -ems 4,.'.,.,w..S,;k „ r te yro,, a »m ' ]/^ rd I' m.,3 '. ,2 4 S f i .i I� y { -. Indentations =tee. - HI and uneven ._ _ a.....,. � -. surfaces w ' 4 3 along entire .„ distance of the court , _...),.;.,..„,,,.i..:.:,„.„.„.i....,.*:.,„tk,, . :..,„ ,...,;,...„....,, ,,...,, '. �"" � r� ��5� kr; .yc. . ,.. .. , , . Low depressions (birdbaths) on the court resulting in water standing on the court due to poor drainage, which to causes the court surface deteriorate Exhibit C Tamarack Park Location 1.4 iri i F w C r 4�J „ 11—,,..,',.. ...:,!:',.°,1',' r t *A s 's t � °�o� a" * 1 Y } took, b.. ASCF ,.,,� .4,,.,, q ., w " ,ar, e --.. t t ' it , , $� 4 ?0TH b` W zr i : - ..i k /MI6 ''.C t'i., t. -41,r,. .... .t... 1 c , �, it „ ..,...: l'4,"; : c �� illii-hii .'....•,--- ' . , i-, r"APRI 5T L .. ......- : , .. 4 'i .1, .. ,.;. ... . `.. t' 6.i' ., ' il " :,.iii i ,, **' I x ... i . 4 1.C: IT- -----3-- Itiist)21* t ti . • ... A 4*wipt,,.....4121.„•- , .1, 1 .....„, ,. 4 — - r '' ' ° 1 � y 7 4 ; .: CARVER ST , per: '"'. .7 ( , ,� `' 11 1111 -- �-- April 15, 2016 1:2,400 o 112.5 225 450 ft { 1' , ' I I , I 1 0 30 60 120 m Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. AGREEMENT AGREEMENT made this c2 day of 2 7c , 2016, between the CITY OF FARMINGTON, a Minnesota municipal coip on ("City"), and LEE SPORTS SURFACING,LLC,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 attached as Exhibit"A." C. Request for Quotes 2016 Tamarack Park Basketball Court Improvement Project and Addendum A,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. S. 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 tents 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 before August 26,2016. • 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled,inspected,and accepted, the City shall pay the Contractor$4,850.00. 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 2 • 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 3 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. NONDISCRIMINATION. 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 ad jacent 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,teen,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 inal,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. 4 Dated: c ,2016. CITY OF FARMINGTON By: , Todd Larson,Mayor • By' y . David McKnight, . 'stator • • 5 Dated: /guy 1 2 ,2016 CONTRACTOR: LEE SPORTS SURFACING,LLC. • By: k'..45e 4,4 t".- 6 EZ 111{\‘;rl'' l'i ' .• �F A t City of Farmington .'.� 430 Third Street , ;;1 Farmingt.n,Minnesota • � 1'r1, 651.280.6800•Fax 651.280.6899• ftrr eMO www.cifanningtoriu us • QUOTE SUBMITTAL FORM - Submit your company's quote below for the 201.6 Tamarack Park Basketball Court I nplov_ementProject, Your --� project quote should include all costs and Minnesota sales tax associated with completing the project.The deadline to submit your quote is on or before 10:00 a.m.on Friday,Apr1115,2016.Quotes must be submitted in a sealed envelopewith the following title on the'front•of the envelopes•`{2016 Tamarack Park Basketball Court Improvement Project". • COxnpany formation: TO undersigned,being familiar with local conditions,having made the fie ld''snspeetions 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 alliabor,tools,materials,skills,equipment and all else necessary to completely construct the project in accordance with the speoifications identified previously. In submitting this quote,it is understood that the Owner retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. hi submitting ibis quote,it is understood that payment'will be by cash or check. • ••It is understood that quotes may not be withdrawn for a period of 60 days after the date and time set for the opening of quotes. It is understood that the owner reserves the right to retain the three lowest quotes as determined by the Owner for a period netto exceed 60 days after the date set fertile opening of quotes. Submitted By: - - ...Lee Sports Surfacing LLC . (a Corporation) . coIppztny; . • • - • , . •($r,%ndividual) ' . .••_ :....� 'Partnership) Nat'Lee ' ' ' '° , '' ' ••-:Rregident. f,, 1.•. •;•.. .:v . . ,e e. , t • .. • .•. Title 3027 Edgerton Street • • Address Little Canada,MN 55117 City,State,?ip Coda. .. . . . . . .. --. .. . - 612 597-05:44••••• ',. Telephone , . .. . • ' ' :Y.. - naturlee@grrmaJkoii . -t Email Address -. - ., • . • 4 850.00 . Lump Sum Quote Amount 5 �o f'. City of Farmington �' 430 Third Street o Farmington,Minnesota 651.280.6800•Fax 651.280.6899 +r.a Roo www.cilarmington.mn.us • _ ?9h i TawarackJE ar kr Bas retba1i Court Improvement Y'rojet t ADDENDUM A TO: All Recipients of Project's Request for Proposal FROM: Randy Distad,Parks and Recreation DirectorIP DATE: March 31,2016 The following revisions,additions and deletions are hereby made as part of the projects Request for Quotes. Bidder tha1i acknowledge receipt of this Addendum on the proposal form. Failure to do so may result in rejection.of the proposal submitted. Please acknowledge receipt of this Addendum as soon as you receive it by either faxing or emailmg back this form to Randy Distad at the City of Farmington. Fax number to send this form to is 651-280-6899. Email address is rdistad@ci.farmington.mu.us Lee Sports Surfacing LLC April 1,2016 Company Nanxe Date • 9S ,W EnICAN 'd. {) I ... � MEbiltLn SUMMON Otlll outs •.•%'a-,'�:�7y.,• • • J { 1diL. 1 4 ASSUCfAT10N �I tr,p i Q S1A 1NN+1WNi1M1IltOO1P111 o i, City of Farmington 0 430 Third Street ca • • rit,`, 771 Farmington,Minnesota *f 651.280.6800•Fax 651.280.6899 A987".APROD\ . www.ci.farmingtammus EXHIBIT B REQUEST FOR QUOTES • 2016 Tamarack Park Basketball Court Improvement Project Farmington, Minnesota Deadline for submittal: 10:00 a.m., Friday, April 15,2016 L INTRODUCTION. The City of Farmington Park&Recreation Department is accepting quotes for the repair and resurfacing of an existing full-court bituminous basketball court.Quote must be submitted in a sealed envelope with the following title: "2016 Tamarack Park Basketball Court Improvement Project". II. TAMARACK PARK LOCATION. The address of Tamarack Park is 895 Cantata Avenue. All equipment shall access the park from Cantata Avenue. III. PROJECT COMPLETION. All work shall be completed on or before Friday,August 26, 2016.The submitted quote shall include all labor,materials and applicable sales tax. IV. REJECTION OF QUOTES. The City of Farmington reserves the right to reject any and all quotes,to waive irregularities and informalities therein. V. SITE VISITS.You may arrange a visit to the site if you wish by contacting the following Parks and Recreations Department staff member: Randy Distad,Parks and Recreation Director Farmington City Hall 430 Third Street Farmington,MN 55024 651-280-6851 Email:rdistad@ci.farmington.mn.us VI. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all limes 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 City on an annual basis during the aforementioned period; or if any reason Contractor's work ceases before -anal 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 VII. SUBMITTING QUOTES. The described project will be for repairing and resurfacing an existing full court bituminous basketball court surface with a dimension of wide by feet long.A separate document included with this mailing describes the project in more detail. Quotes must be submitted on the attached Quote Submittal Form. The City will open,tabulate and select the lowest quote.After the quotes have been tabulated,the City will contact all of the contractors via email about the results of the quotes submitted. .Deadlines to submit a quote will be on or before 10:00 a.m., Friday,April 15,2016.All work associated with the project will be completed on or before Friday,August 26,2016. Your quote should be submitted either by mail or email on the Quote Submittal Form below to the following Parks and Recreation Department staff person: Randy Distad Farmington Parks&Recreation Department 430 Third Street Farmington,MN 55024 Phone: 651-280-6851 Fax: 651-280-6899 Email: rdistad@ci.farmington.mxn.us 2 ominv City of Farmington 430 Third Street Farmington,Minnesota • 651.280.6800•Fax 651280.6899 POO' www.ci.farmington.mn.us Specifications 2016 Tamarack Park Basketball Court Improvement Project I. LOCATION The repair and resurfacing of the full court basketball court will occur in Tamarack Park located at 895 Cantata Avenue.Included with this packet is a map showing the location of the park in the city of Farmington. There is also park master plan included showing the general location of the full court basketball court in the park. II. AMBIENT CONDITIONS A. Do not apply asphalt basketball&multipurpose court cushioned surface color coating system when air or surface temperatures are below 50 degrees F during application or within 24 hours after application. B. Do not apply asphalt basketball&multi purpose court cushioned surface color coating system when rain is expected during application or within 24 hours after application. III. SCOPE OF WORK A. Preparation of Existing Surface • Existing asphalt surface will be pressure washed with at least a 3,500 PSI pressure washer in order to remove delamination and promote a clean surface for better adhesion of materials used in the repair and resurfacing of the basketball court surface. • Power-clean with an.industrial blower and manually scrape court surface. • Flood existing court surface and locate areas holding more than 1/16 inch of standing water. • Patch low areas with acrylic deep patch using acrylic patch binder material according to manufacturer's specifications. Blend and reapply as needed to eliminate low areas. • Fill cracks with acrylic emulsion elastomeric crack sealant applying according to the manufacturer's specifications. • Reapply crack sealant until flush with existing surface B. Crack Filler/Sealant • Fill all cracks in asphalt pavement up to 1 inch wide using a 100 percent acrylic emulsion trowel-grade crack filler according to manufacturer's specifications. • Reapply crack filler if needed until flush with existing surface • Fill all cracks in asphalt pavement if%2 inch wide or less with a 100 percent acrylic emulsion elastomeric crack sealant or equal and according to the manufacturer's specifications. • Reapply crack sealant until flush with existing surface 3 C. Resurfacing Filler Course and Application: • Repair cracks,depressions,and surface defects in accordance with manufacturer's instructions before application of filler course. • Apply 100 percent acrylic emulsion resurfacer or equal according to manufacturer's specifications • Apply resurfacing material with a Silica Sand(70/20 blend) • Ensure surface repairs are flush and smooth to adjoining surfaces. • Allow material drying times in accordance with manufacturer's instructions before applying other materials or opening completed surface to foot traffic. D. Basketball Court Finish Color • Do not apply paint coats until the manufacturer's specifications are met for drying/curing time of resurfacing materials that have been applied • Using acrylic or better paint,first apply texture coat according to manufacturer's specifications • After properly drying,apply a second coat of acrylic finish court paint or equal according to manufacturer's specifications • Apply pint in the free throw lane and three point areas in a maroon or similar color • Apply paint on the remainder of the court area in a green color • Apply paint in the center circle area in a maroon or similar color E. Line Markings • Apply painted basketball court lines including all free throw lane markings,three point line and out of bounds line(if there is room)in a 2 inch line using white acrylic emulsion paint • Lines should be marked in accordance with the NFFIS Rules for high school basketball III. POWER AND WATER ACCESS • A. There is no electrical service to the park. Contractor should make arrangement to supply their own power for equipment through the use of a portable generator or other means. B. There is no water source in the park. The city will provide a water truck that contains a 250 gallon tank if needed. 4 ,4 ARoj City of Farmington kidelV% 430 Third Street -, Fa rmington,Minnesota o. f14o 651.280.6800•Fax 651.280.6899 wwwcLfisunington.mnus QUOTE SUBMITTAL FORM Submit your company's quote below for the 2016 Tamarack Park Basketball Court Improvement Project. Your project quote should include all costs and Minnesota sales tax associated with completing the project.The deadline to submit your quote is on or before 10:00 a.m.on Friday,April 15,2016.Quotes must be submitted in a sealed envelope with the following title on the front of the envelope: "2016 Tamarack Park Basketball Court Improvement Project". 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. In submitting this quote,it is understood that the Owner retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this quote,it is understood that payment will be by cash or check. It is understood that quotes may not be withdrawn for a period of 60 days after the date and time set for the opening of quotes. It is understood that the owner reserves the right to retain the three lowest quotes as determined by the Owner for a period not to exceed 60 days after the date set for the opening of quotes. Submitted By: (a Corporation) Company . (an Individual) (a Partnership) By Title Address City,State,Zip Code Telephone Email Address Lump Sum Quote Amount 5 4i0494, City of Farmington 430 Third Street ;,, Farmington,Minnesota ��0 651.280.6800•Fax 651,280.6899 •A PnOt�`g� www.ci.farmington.nffi.us 2016 Tamarack Park Basketball Court Improvement Project ADDENDUM A TO: All Recipients of Project's Request for Proposal • FROM: Randy Distad,Parks and Recreation Director DATE: March 31,2016 The following revisions,additions and deletions are hereby made as part of the projects Request for Quotes. Bidder shall acknowledge receipt of this Addendum on the proposal form. Failure to do so may result in rejection of the proposal submitted. Please acknowledge receipt of this Addendum as soon as you receive it by either faxing or emailing back this form to Randy Distad at the City of Farmington. Fax number to send this form to is 651-280-6899. Email address is rdistad @ci,farmington.mn.us Company Name Date 6 • • PROJECT MODIFICATIONS SPECIFICATIONS Section III Scope of Work Letter B.Crack Filler/Sealant—Remove the third bullet point that states the following: "Fill all cracks in asphalt pavement if'A inch wide or less with a 100 percent acrylic emulsion elastomeric crack sealant or equal and according to the manufacturer's specifications" This language is being removed because the first bullet point provides specifications on how to fill cracks so the third bullet point is not needed, Letter C.Resurfacing Filler Course and Application—The following revised language should be used for the fourth bullet point: "Apply at least two resurface filler courses,or more if needed,in order to ensure the surface repairs are flush and smooth to adjoining surfaces." This language is being added because there was not a minimum number of resurfacer filler courses identified in the specifications, • 7 ACCORE,® CERTIFICATE OF LIABILITY INSURANCE DATE 5(MMIDD16 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: Brock Fluegge Lakeside Insurance Brokers,Inc. (AWcC.No. ): (952)854-0109 pm,No): (952)882-1277 11979 County Road 11,Ste 270 ADDRESS: brock@lakesideins.com INSURER(S)AFFORDING COVERAGE NAIC# Bumsviile MN 55337 INSURER A: OHIO SECURITY INS CO 24082 INSURED INSURER B: OHIO CAS INS CO 24074 Lee Sports Surfacing LLC INSURER C: SFM MUTUAL INSURANCE CO 3027 Edgerton St INSURER D: INSURER E: Little Canada MN 55117 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREMISES SES(EaEoccurrence) $ 300,000 MED EXP(Any one person) $ 15,000 A BKS55084167 04/01/2016 04/01/2017 PERSONAL EL ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 _ X POLICY 781.- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ALL A AUTOS AUTOSULED BAS55084167 04/01/2016 04/01/2017 BODILY INJURY(Peracddent) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) X UMBRELLA LIAR OCCUR EACH OCCURRENCE_ _ $ 1,000,000 B EXCESSSLLIAB CLAIMS-MADE US055084167 04/01/2016 04/01/2017 AGGREGATE $ 1,000,000 DED X RETENTION$ 10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'UABILnY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 C OFFICER/MEMBER EXCLUDED? N I N/A 053308.805 06/30/2015 06/30/2016 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 Ii yyes describe OPERA' DESCRIPTION OF ETIONS below E.L.DISEASE-POUCY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Farmington ACCORDANCE WITH THE POLICY PROVISIONS. 430 Third Street AUTHORIZED REPRESENTATIVE Farmington MN 55024 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 41k** City of Farmington 430 Third Street Farmington,Minnesota 41F 651.280.6800 -Fax 651.280.6899 °"BT.,,POO' , www.cifatmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman SUBJECT: 2016 Trail Crack Sealing DATE: May 2,2016 INTRODUCTION The trail maintenance capital improvement plan(CIP),which was approved by the city council on March 3, 2014 includes fog sealing and crack sealing of approximately 10 miles of trails as shown on the attached map. The fog sealing is being accomplished in conjunction with the joint powers agreement(JPA)for street maintenance which is administered by Burnsville. Trail crack sealing is not included in this JPA. DISCUSSION This year,we are anticipating approximately 17,000 linear feet of crack sealing on the trails. Quotes for this year's crack sealing were solicited from several contractors. The following table shows the results of the solicitation: Contractor Unit Price Total Bid All Things Asphalt $0.380 $6,460.00 [Gopher Asphalt Maintenance $0.445 $7,565.00 State $0.450 $7,650.00 Allied Blacktop $0.547 $9,299.00 American Pavement Solutions $0.600 $10,200.00 Astech Corp. $1.020 $17,340.00 Based on the quotes received, staff is recommending that the city accept the low quote of$6,460.00 from All Things Asphalt and award the contract for trail crack sealing to them. This is the same contractor who did the trail crack sealing in 2015. BUDGET IMPACT The cost for trail crack sealing is included in the 2016 budget. ACTION REQUESTED By motion, accept the quote of All Things Asphalt in the amount of$6,460.00 and authorize execution of a contract for this work. ATTACHMENTS: Type Description D Exhibit 2016 Trail Maintenance Map 2016 Fannin.1o1 Ti ( r, „n Ac k Sealin g I "i- I t 2 <9 15 190TH ST , E• 1 ,4 CR 64-195TH ST =n r 2 "2 2 ..■... ( 160d ■=4.... iii......r.c.ilt CSAH 50 ( IP CSAH 50 li j WI 9 U ■i4Lmr", ■ 4i MU,/ yilirti 2016 Trail Fog Seal Areas Trail Crack Seal Areas s' • Major Cross Streets A pRoo • I r FORM OF AGREEMENT BETWEEN CITY OF FARMINGTONAND ALL THINGS ASPHALT FOR NON-BID CONSTRUCTION CONTRACT THIS AGREEMENT made this 1.71^day of May,2016,by and between the CITY OF FARMINGTON,a Minnesota municipal corporation("Owner"or"City")and All Things Asphalt,LLC,a Minnesota limited liability corporation ("Contractor"). Owner and Contractor,in consideration of the mutual covenants set forth herein,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. Specifications and Requirements-Trail Maintenance C. MnDOT Standard Specifications for Construction D. Contractor's Quote. In the event of a 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"E"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. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contract$6,460.00($0.38 per linear foot)inclusive of taxes,if any. 4. PAYMENT PROCEDURES. A. Contractor shall submit Application for Payment upon completion of the work. Application for Payment will be processed by the City Engineer. B. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn.Stat. §471.25,Subd.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 1 1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 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. (2) Form IC-134(attached)required from general contractor. Minn. Stat.§290.92 requires that the City of Farmington obtain a Withholding Affidavit for Contractors,Form IC-134,before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. • The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Due to the small scope and short duration of this project,only one payment will be made upon completion of the project as recommended by the City Engineer. 5. COMPLETION DATE. The Work must be completed by August 15,2016 6. CONTRACTOR'S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal,state,and local laws and regulations that may affect cost,progress,and performance of the Work. D. Contractor has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities)which have been identified in the General Conditions and(2)reports and drawings of a Hazardous Environmental Condition,if any,at the Site. E. Contractor has obtained and carefully studied(or assumes responsibility for doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at or contiguous to the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of construction to be employed by Contractor,including any specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents,and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations,investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. • J. Subcontracts: (1) Unless otherwise specified in the Contract Documents,the Contractor shall,upon receipt of the executed Contract Documents,submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors,and of their direct and indirect employees,to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WORKER'S COMPENSATION. 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. 8. 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 on the general liability insurance on a primary and noncontributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations • r Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $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 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote 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 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. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition,the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 11. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not required for the doing of any public work if the contract price is$75,000 or less.On projects of more than$75,000 for the doing of public work a payment bond and performance bond each in the amount of the contract price must be furnished to the City prior to commencement of work. The form of the bonds must satisfy statutory requirements for such bonds. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself,its partners,successors,assigns and legal representatives to the other party hereto,its partners,successors,assigns and legal representatives in respect to all covenants, agreements,and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created,collected,received,maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act,Minn.Stat.Ch. 13,any other applicable state statute,or any state rules adopted to implement the act,as well as federal regulations on data privacy. (2) All books,records,documents and accounting procedures and practices to the Contractor and its subcontractors,if any,relative to this Contract are subject to examination by the City. E. 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. F. Patented devices,materials and processes. If the Contract requires,or the Contractor desires,the use of •• any design,device,material or process covered by letters,patent or copyright,trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed,device,material or process,or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract,and shall indemnify and defend the Owner for any costs,liability,expenses and attorney's fees that result from any such infringement. G. 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. H. 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. I. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation,the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. J. 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. K. 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. L. Permits and Licenses;Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights-of-way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner,the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF FARMINGTON ALL THINGS ASPHALT,LLC it BY:/� % > BY: KU �n���r L- irS I Mayor lig: Akr.nr.,. ' AND City A.1••''• , • 41, 1 �oE'FA iAR�Q City of m Farmington gStreet •rte'' Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 °mo ' www cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Recreational Facilities Task Force Final Recommendation DATE: May 2,2016 INTRODUCTION At its January 11, 2016 Work Session, the city council requested staff to complete a recreational facility study and then make a recommendation to the city council_ The following were parameters set for staff to follow: • Determine and recommend up to $10 million in recreational facility construction • Include public input process through a task force • A final recommendation was to be made no later than the May 2,2016 city council meeting • City council will then determine if it wishes to have a General Obligation Bond Referendum by putting a recreational facilities question on the November 8,2016 election ballot The Recreational Facilities Task Force has completed its work by the identified deadline and has made its recommendation to the city council DISCUSSION Staff assembled a Recreational Facilities Task Force of community members. The Task Force consisted of 15 members. A list of the members and their organizational affiliation were as follows: Name Organization Kristi Israelson Farmington Youth Baseball Dani Wright Student/Youth Rob Carpentier Farmington Parks and Recreation Commission Jeremy Pire City Staff Parks and Recreation Department Lois Lotze Rambling River Center Randy Distad City Staff Parks and Recreation Department Amy Pellicci Business Owner Angie Bell Farmington Youth Lacrosse Association Rob Juncker Farmington Youth Hockey Association Brian Stender Farmington Travel Baseball Association Aimee Smith Farmington Girls Fastpitch Association Lacelle Cordes Community Member Steve Matson Community Member Jason Obarski Farmington Youth Soccer(MN Thunder Academy) Bill Tschida Farmington School District The Task Force met on the dates of February 24, March 24 and April 21, 2016. A summary from each of the three meetings is attached as Exhibit A. Exhibit B is the Powerpoint presentation that was shared with Task Force members at the first meeting. The focus of the presentation was to provide Task Force members with background/historical information about past recreational facility studies,past park and recreation survey results,park master plans that previously were approved and history of funding for recreational facilities. Exhibit C is the initial list of recreational facilities the Task Force created. This process included having members submit recreational facilities they felt were a priority and should be considered for a possible referendum. Then at the meeting,members were asked to vote on five recreational facilities they would like to have included in a referendum. Based on this vote, a draft list of recreational facility projects was identified. Exhibit D is the initial list of recreational facilities developed by the Task Force that were identified as priorities and estimated costs were provided with each facility based on estimated costs developed during previous recreational facility studies. As you can see in Exhibit D, the cost for the initial list of facilities far exceeded the$10 million ceiling previously identified by the city council. Exhibit E is the revised list of original projects identified in Exhibit D. This revised list further reduced the list of projects and the amount to be funded through a referendum so that it was below the$10 million ceiling identified by the city council. It also included information about projects that needed additional funding from other sources to be fully completed. Exhibit F is the final recommendation made by the Task Force to the city council of projects and funding amounts they wish to have included in a referendum. While not all of the projects received full funding,the projects identified will receive enough funding to complete the facilities so they will function and be usable by the community. The Park and Recreation Commission(Commission)received a presentation on the Task Force's Recreational Facilities final recommendation at its April 26, 2016 meeting.After reviewing the material and discussing the recommendation,the commission unanimously is recommending to the city council to accept the fmal recommendation made by the Task Force. BUDGET IMPACT If the city were to issue$10 million General Obligation Bond over a 20 year period,the estimated property tax impact on the average 2016 market value home of$212,787 would be an annual increase of$75.00. If the city were to issue a$7.5 million General Obligation Bond over a 20 year period,the estimated property tax impact on the average 2016 market value home of$212,787 would be an annual increase of$55.00. It is important to note for a$10 million General Obligation Bond,once you factor in the bond issuance costs, contingency budget and soft costs for design and engineering, it leaves approximately$7.79 million remaining for construction costs. ACTION REQUESTED The city council is being asked to formally accept the Task Force's final recreational facilities recommendation and direct staff to provide a draft recreational facilities referendum question for city council consideration at one of its future meetings that could be placed on the ballot for the upcoming November 8,2016 election. ATTACHMENTS: Type Description D Exhibit Exhibit A Meeting Summaries i Exhibit Exhibit B City Recreational Facilities History © Exhibit Exhibit C Initial List of Recreational Facilities List © Exhibit Exhibit D Draft Recreational Facility Priorities and Cost Estimates © Exhibit Exhibit E Second Draft Recreational Facility Priorities and Cost Estimates Exhibit F FInal Recommendation of Recreational Facilities and Cost Estimates • jRi ��► City of Farmington ho 430 Third Street 4.1 Farmington,Minnesota •.L. A PALO 651.280.6800•Fax 651.280.6899 www.cilarmington.mn.us EXHIBIT A Farmington Recreational Facilities Task Force Meeting Summary 7:00 p.m., February 24, 2016 Members Present: Steve Matson,Angie Bell, Jeremy Pire,Amy Pellicci, Lois Lotze,Dani Wright, Lacelle Cordes,Brian Stender,Rob Carpentier,Rob Juncker,Kristi Israelson,Aimee Smith, Bill Tschida and Randy Distad Members Absent: Jason Obarski Meeting Summary 1. Introductions Member introductions were made. Members also identified if they were a city resident or not.There were 5 members who were non-residents with two of the non-residents being the Task Force co-chairs.Brief discussion occurred about non-residents being on the Task Force. There didn't appear to be any issues with having non- residents on the Task Force because they were representing a Farmington organization in official capacity. 2. Mission of Task Force Members were informed the mission/direction the Council set for the Task Force included: • Determine and recommend up to$10 million to be spent on city recreational facilities • Include public input through forming a Recreational Facilities Task Force • No land acquisition • Final recommendation to be made at the May 2,2016 City Council meeting 3. Review Past City Recreational Studies,Surveys and Funding Sources A Powerpoint presentation was made that shared the following information about city recreational facilities: • History of the Rambling River Center, Schmitz-Maki Arena and the Outdoor Pool including when they were opened, how funding was provided and other improvements that have been made since initially opening • Referendum outcome for the Arena and other requests made to have a referendum for a community center, aquatic facility and development of Jim Bell Park and Preserve that didn't come to fruition • Past survey results about which types of recreational facilities were most used, most important,most needed, and would be supported and not supported in a referendum • Past funding for recreational facilities has come from development and liquor store profits 4. Timeline and Meeting Schedule Discussion Next meeting will occur on Thursday,March 24th and the final meeting will occur on Thursday,April 21st. Both meetings will start at 6:00 p.m. 5.Agenda for March 24th Meeting Commission members were asked to submit a list of recreational facilities to Parks and Recreation Director Distad that they would like to have included in a referendum. The list will be compiled by Distad.Then estimated costs will be given to each of the facilities submitted and this list will be included in the next meeting packet. At the meeting members will prioritize the list of projects in order to determine which facilities should be considered for inclusion in a possible referendum of up to$10 million. The meeting adjourned at 7:55 p.m. Farmington Recreational Facilities Task Force Meeting Summary 6:00 p.m., March 24, 2016 Members Present: Steve Matson,Angie Bell,Amy Pellicci,Lois Lotze, Dani Wright, Lacelle Cordes,Brian Stender,Rob Carpentier,Adam Olson, Kristi Israelson,Aimee Smith,Jason Obarski, Bill Tschida, and Randy Distad Members Absent: Jeremy Pire Meeting Summary 1. Review Recreational Facility Ideas Possible recreational facility,park improvement and trail improvement project ideas were submitted by Task Force members prior to the meeting. Cost estimates were then provided for each of the project ideas submitted. The following items related to each of the different project submitted by Task Force members and were reviewed with the group: Jim Bell Park and Preserve Community Park Amenities General site improvements $400,000 Landscaping parking lots and buildings $225,000 Vehicular parking lot and circulation $1,000,000 Pedestrian circulation and connections to existing trails $150,000 Site structures such as restroom and equipment storage buildings $350,000 Picnic structures, site furnishings i.e.picnic tables benches waste containers $175,000 Playground equipment for 2-5 year old and 5-12 year old youth $175,000 Outdoor hockey rinks i.e.boards,paved surface, lighting,warming house $400,000 Courts i.e.tennis, basketball, pickle ball $125,000 Total $3,000,000 Jim Bell Park and Preserve Ballfield Complex Five<field youth baseball and softball complex including seeding turf $1,742,000 outfield, skinned ag-lime infield,dugouts, fencing around the perimeter of each field, building for concessions,restrooms and equipment storage, bleachers and lighting Jim Bell Park and Preserve Soccer/Lacrosse Fields Two regulation and three small fields including seeding turf, irrigation, $400,000 drain tile, lighting, goals, bleachers Jim Bell Park and Preserve Aquatic Facility Aquatic facility with lazy river,zero depth shallow area,waterslides, lap $6,500,000 Swim/open swim area, fountains, shade structures, geysers,deck space, bathhouse, security fencing, site furniture, fixtures and equipment Schmitz-Maki Arena Second sheet indoor ice: including lobby addition,resurfacer room relocation, $5,000,000 Refrigeration system,dasher boards, new concessions location, additional parking lot Second sheet outdoor ice: including refrigeration system, equipment,roof over $1,500,000 rink but no full walls,move resurfacer location, new concessions location, new lobby and staff office and additional parking lot Park Improvements Middle Creek Park: Construct parking lot,new playground equipment,two shelters, construct $450,000 Ballfield, additional connecting trails North Creek Park: Construct warming house/shelter/restroom building, construct second hockey $425,000 rink, grade site for informal lacrosse/soccer field and install fishing dock Evergreen Knoll Park: Sprayground/Splash Pad constructed in current pool location including a $750,000 bathhouse renovation Trail Improvements Rambling River Park: Demolition some of existing trail and then construct in new location further $500,000 Away from river due to flooding and overlay trail sections not being relocated North Creek Greenway: Install new 12 foot wide bridge and finish connections to existing paved trails $150,000 Prairie Waterway: Remove sections of trail, add base material and install new pavement $100,000 2. Prioritizing Recreational Facilities Members were provided five stickers to identify/vote for the top five facilities they favored. The following is a final tabulation of how Task Force members voted: Project Name Number of Votes Jim Bell Park and Preserve Ballfield Complex 10 Jim Bell Park and Preserve Aquatic Facility 7 Jim Bell Park and Preserve Community Park Amenities 7 Jim Bell Park and Preserve Soccer/Lacrosse Fields 7 Rambling River Park Trail Reconstruction 6 North Creek Park Improvements 5 North Creek Greenway Bridge and Trail Connection 5 Schmitz-Maki Arena Second Indoor Sheet 3 Prairie Waterway Trail Reconstruction and Overlay 3 Evergreen Knoll Park Splash Pad 2 Schmitz-Maki Arena Second Outdoor Sheet 1 Middle Creek Park Improvements 0 The following discussion occurred on the outcome of the vote for the various projects: • Initially,the five lowest scoring projects were eliminated from consideration • Farmington Youth Hockey Association shared they would be willing to pay up to$500,000 towards the project costs of the second outdoor sheet of ice adjacent to Schmitz-Maki Arena and the interior Arena building improvements identified in this project resulting in enough interest from Task Force members to reinstate this project for continued consideration • The trail in the Prairie Waterway was also considered for reinstatement,but the group did not make any decision to reinstate this project for continued consideration • Reduce the cost of the aquatic facility • Reduce the cost of Jim Bell Park and Preserve Community Park amenities by removing the outdoor hockey rinks as part of the project • Request additional funding from other youth sports organizations to see what financial commitment they could make similar to FYHA's financial commitment to help fund the projects • Reduce the cost of the soccer and lacrosse fields by removing the lighting costs • Review the parking lot costs to see if some of these costs were included in the aquatic facility cost estimate • Potentially grant funding could stretch these funds • Operational budgets would likely increase due to the expanded new facilities • The aquatic facility is not likely to cover its operational costs,but the best-case scenario would be to make it operationally a break even facility with a worse-case scenario being not to increase the current subsidy of $70,000 to operate the facility,which the Park and Recreation Commission previously stated • Given the bond issuance cost, soft costs for design and engineering, and contingency funds, it is likely there would be about$8,150,000 remaining from a$10 million bond referendum for actual facility construction costs Items to complete based on the group discussion were as follows: • A meeting summary should be provided as soon as possible so representatives from organizations can share this information with their respective boards to discuss if any kind of financial and/or in-kind commitment could be made by the organization • A new projects list based on the voting and discussion that occurred will be created showing a reduction in the number of projects to be considered along with new cost estimates for the projects still under consideration • The target for all project construction costs should be$8,150,000 assuming there will be about$1,850,000 needed for soft costs and project contingencies • The new projects list and cost estimates will be mailed out two weeks prior to the April 21st meeting to give members time to review and further discuss with their organization's board of directors if needed 3. Agenda Item for April 21,2016 Meeting • Review and discuss narrowed list of projects • Discuss projects potential impact on operational budget • Make final recommendation to the City Council The meeting adjourned at 7:20 p.m. Farmington Recreational Facilities Task Force Meeting Summary 6:00 p.m., April 21, 2016 Members Present: Steve Matson,Angie Bell, Lois Lotze,Brian Stender, Rob Carpentier, Brad Farrell,Jeremy Pire,Kristi Israelson,Aimee Smith, Bill Tschida,and Randy Distad Members Absent: Amy Pellicci,Dani Wright, Lacelle Cordes and Jason Obarski Meeting Summary 1. Review Draft Revised Recreational Facilities Cost and Funding Sources A revised recreational facility, park improvement and trail improvement project ideas were reviewed by Task Force members. The revised list removed several projects from consideration. Cost estimates were revised from the March 24 meeting for the projects that remained. The cost estimates showed the amount of GO Bond money that could be used to fund projects. The cost estimates also showed the need for other funding in order to complete the remaining facility construction for some of the projects. The following shows the different projects being funded through a GO Bond amount and the amount needed from other sources to complete the project: Initial GO Revised GO ITEM Bond Funding Bond Funding Other Funding Jim Bell Park&Preserve Community Park Amenities $3,000,000 $1,855,000 • General Site Improvements ie rough and finish grading,signage and general park lighting • Landscaping parking lot,buildings,seeding park areas,trees • Vehicular parking and circulation • Picnic areas and site furnishings ie small and large shelter, benches,picnic tables,waste containers,etc • Playground ie one structure for 2-5 yr olds and second structure for 5-12 yr olds • Courts ie basketball,tennis,pickleball Jim Bell Park and Preserve Ballfield Complex $1,742,000 $700,000 $1,042,000 • Five field youth baseball and softball complex • Seeding turf outfield • Skinned ag-lime infield • Fencing around the perimeter of each field • Irrigation system • Bring utilities to fields • Install backstops Jim Bell Park and Preserve Soccer/Lacrosse Fields $400,000 $160,000 $240,000 • Seeding turf • Bring utilities to fields • Irrigation system Schmitz-Maki Arena $1,500,000 $700,000 $800,000 • Second sheet outdoor ice • Concrete surface • hockey boards • refrigeration system equipment • parking lot Jim Bell Park and Preserve Aquatic Facility $6,500,000 $4,000,000 • new pool • lazy river • zero depth entry and shallow area • waterslides • lap swim/open swim area • geysers/fountains • deck space • bathhouse • security fencing • furniture,fixtures and equipment North Creek Park Improvements $425,000 $225,000 • construct multi-purpose building with extended gabled roof to offer indoor and outdoor shelter rental capability • restrooms for shelter rental and public use • community group rental use for meetings/gatherings • winter warming house use • year round park and rec program use North Creek Greenway Trail $150,000 $150,000 • Install new 12 foot wide bridge • Connect trail gaps to existing paved trails 2. Review Park Maintenance and Operations Budget Increase An estimated maintenance and operations budget was shared. It was estimated the new Jim Bell Park and Preserve park facilities and amenities would have an estimated annual park maintenance expense budget of$178,970.The estimated annual revenues from participation and rental fees would be$11,220. This would leave an estimated net operating deficit in the park maintenance budget of$167,750. 3. Review Aquatic Maintenance and Operation Budget An estimated maintenance and operations budget was shared. It was estimated the new aquatic facility would have an annual expense budget of$403,635,which was shown in the Aquatic Feasibility Study. The annual revenues from a new aquatic facility were estimated at$386,050. This would leave a net operating deficit of$17,975. This would be the estimated amount of tax payer subsidy needed for a new aquatic facility to operate. It was shared with Task Force members the current outdoor pool had a net operating deficit of about$71,000 in 2015 and about$62,000 net operating deficit in 2014. These amounts represent the tax payer subsidy required over the last two years of pool operations. 4. Review GO Bond Referendum Property Tax Impact Information was shared about the property tax increase a$10 million and$7.5 million GO Bond would have on the the average property value in Farmington of$212,787. On a$10 million GO bond,the property tax would increase$75.00. On a$7.5 million GO bond,the property tax would increase$55.00. Both of these scenarios assumes a 20 year GO bond being issued. Task Force members felt given the$20 difference they preferred to use the$10 million GO bond amount to determine the final recreational facility projects to recommend to the City Council. 5. Review and Consider Possible Referendum Options The Task Force looked at three possible referendum options to consider. Option#1 was to consider a$10 million GO bond. Option#2 was to consider a$7.5 million GO bond. Option#3 was to consider not doing a referendum. By consensus Option#3 was removed from consideration. Members discussed the remaining two options and given the$20 increase on property taxed for the average property in Farmington, chose to move forward with Option#1 and recommend to the City Council to consider a$10 million GO bond referendum. 6. Finalize List of Projects and GO Bond Funding Amounts Members reviewed the list of recreational facility projects and GO bond funding amounts that was provided to them prior to the meeting. The following were the general comments made during the discussion about the projects: • There was much discussion about some of the projects not being entirely completed because of not enough funding to cover all of the project costs • Commitments organizations would have to make to funding the remaining amount needed to complete the projects may be an issue • Make sure utilities are brought to the sites, so the site does not have to be disturbed a second time later on when funding becomes available. • Financial commitments from organizations,which could include in-kind labor or the use of a professional services of a member within their organization at a reduced cost to the organization • There may be matching grant funding opportunities for some projects that could be researched should a referendum be held and if it passed • The city would likely need to spend the GO bond proceeds within three years of the bonds being issued • The projects would all be completed in a manner that would allow them to be usable, but may not include all of the amenities identified in the master plan or identified in a feasibility study, such as lights, some buildings, etc. 7. Make Final Recommendation to the City Council A final discussion occurred about if members wanted to revise any of the GO bond funding amounts for the various projects. There was some discussion about a concern with too many projects being included resulting in some of the projects not being fully completed until a later date. This discussion was countered by comments from members about some of the projects being entirely completed,while other projects would be completed enough to allow them to be used and would function for organized play. It would mean some projects would not have all of the"bells and whistles"initially such as lights, buildings and restrooms,but the long term plan would allow them to be completed as funds became available.A vote was taken and the fmal recommendation to the City Council was to include all of the projects and at the GO bond referendum funding amount as identified in#1 above in the meeting summary. 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C > •— O O �, o E Ln ,_� c �.r; ry a) °) 0.) ._ cU Q -o 4-4 E 4.-d O a cu CV rd 4-iwcu�n c� ,—� > as oC O o 0 ° 2 in_ ;..-,:-4 O V) MS O a) N " — E -1-• .-rre Ce 03.) o "- , _ -E /D N... > a s- s E 4-' > o rc$ = III 011•1•11 (P1 J U U O . (r) C 0 U • EXHIBIT C List of Preferred Recreational Facilities for a Possible Referendum • Pool • Ballfields for youth baseball/softball • Trail extensions (would like to see which developments do not have completed trails) • Park Improvements • Soccer fields • Lacrosse fields • Pool (smaller scale with possibility to expand later) • Outdoor, covered, refrigerated NHL sized sheet of ice next to Schmitz-Maki with minor reconstruction to move the Zamboni location to the rear for Safety considerations but also to allow outdoor resurfacing of the exterior sheet of ice. Farmington Youth Hockey would like to participate in the funding of this and post-move would volunteer labor and work alongside construction to turn the upper area into a dryland facility and move the concessions stand down to the old Zamboni location • Second ice rink • Skate park with concrete bowls • Middle Creek Park improvements including: ballfield with backstop, playground equipment, extend Eastview Avenue, parking lot construction, picnic shelter, finish trail connections, grading and seeding, prairie restoration • North Creek Park improvements including: warming house/shelter/restroom building, fishing dock, regrade site to flatten open space for soccer/lacrosse field • Dog park with fencing, water source and amenities Io r. el M O O O n ,-1 in ui 0) w -siu in co 0 0 0 0 0 0 0 0 0 0 O O O O O CD O 0 O CD O O 0 CD 0 CD 0 CD CD CD 0 CD 0 O CD CD CD O O O O O O O CD O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O a+ C u) C Ci O u1 u1 O u1 O C•4. 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L�fl O V 00i — R t70 a-I Ql Q1 N 0 C.) 73 1/1 i/• i/1 ill i/1 ill i/1 ill i4 ill CD CD 0 CD Lfl U N N 0 n al 0 0 0 O N N l0 M O M C al O 0 0 0 N N .4- N 0 N o E O O O N l0 M DO O CU O � O m N 0 LfI 1--1 � O Cr O .0- Cr w O 0 W a-I-I N N N v''Y •II C Ti d a0 C IA H i/1 i/1 i/1 ill i/1 i/1 i/1 i/1. i/1 i/► U 0 i▪ � 0 C 0 0 0 O dA 1-- U U U L.O C 3 C C0 .�' a7 C Q •....L O y O O d O 0. ° s- C 3 = ~ Zt O O t .O y ,+�' +' C 4J O. 7 7 U '0 3 W C •CO >_ O C t+ to c C u R C 0 o E o on ° .-1 h C ? > a, to 0 nu RI al .-1 0 al c L t c d 0 v- O a O 7 C De N C C C c to O• ` O O U f0 u L ▪ — .r-- °C CI'a c • E CU CO C N N Q U . -0 MI ✓ O C o 7 -a m co H N w co co c u w- =� f0 b+ cia a� C C .0 oa M C INC C to • y• 73 a) W a) '° O 4— 3 CO o a) c o c o o v m a O U c ai O a) ` O Ci f E 00 A Y c 3 v a6 d m2 > c C7 C Y N C d L 3 >, U .O as .00 ,N A > 0 ri re o Z a Exhibit F Final Recreational Facilities Task Force Recommended List of Facilities and Cost Estimates Task Force Recommended Referendum Funding Recreational Facility Item Amounts By Project Jim Bell Park and Preserve Community Park Improvements General Site Improvements ie rough and finish grading,signage and general park lighting $ 400,000 Landscaping ie parking lot,buildings,seeding park general areas,trees $ 100,000 Vehicular parking and circulation $ 950,000 Pedestrian circulation through park and connections to existing trails $ 150,000 Picnic areas and site furnishings ie small and large shelter,benches,picnic tables,waste containers, etc $ 75,000 Playground ie one structure for 2-5 yr olds and second structure for 5-12 yr olds $ 100,000 Courts ie basketball,tennis,pickleball $ 80,000 TOTAL $ 1,855,000 Jim Bell Park&Preserve Ballfield Complex $ 700,000 construct five field youth baseball/softball complex including:outfield,pitching mounds,skinned infield,turf seeding,irrigation system,backstops,bring utilities to ballfield complex site and fencing around fields Jim Bell Park&Preserve Soccer and Lacrosse Fields $ 160,000 turf seeding,bring utilities to ballfield complex site and irrigation Schmitz-Maki Arena second sheet outdoor ice including refrigeration system,and additional parking lot $ 700,000 Aquatics Jim Bell Park&Preserve:new pool with lazy river,zero depth shallow area,waterslides,lap swim/open swim area,geysers/fountains,deck space,bathhouse,security fencing,furniture,fixtures and equipment etc. $ 4,000,000 Parks North Creek Park:construct multi-purpose building with restrooms for shelter rental use,warming house use, community group rental use and year round park and rec program use $ 225,000 Trails North Creek Greenway: Install new bridge and complete construction of existing gap in trail connection $ 150,000 Subtotal $ 7,790,000 10%Construction Contingency $ 779,000 Construction Total $ 8,569,000 12%Design and Engineering Soft Costs $ 1,028,280 Subtotal Costs $ 9,597,280 Bond Issuance cost,underwriter's discount and capitalized interest $ 400,000 TOTAL COST $ 9,997,280 4/22/16