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HomeMy WebLinkAbout10.01.18 Council Packet Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 1, 2018 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 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA a) Approve Minutes of the September 17, 2018 City Council Meeting— Administration Approved b) Authorize the Purchase of an Asphalt Hot Box/Emulsion Tank Trailer— Public Works Authorized c) Adopt Resolution Appointing 2018 General Election Judges—Community Development R39-18 d) City Administrative Policies and Procedures: Tuition Reimbursement— Review, Changes and/or Additions—Human Resources Approved e) Approve Bills - Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Franchise Agreement with Minnesota Energy Resources Information Received b) Amendment to the Settlement Agreement Between the City of Farmington and Independent School District 192 Approved c) Dakota County Principal Arterial Study R40-18 d) Agreement with HKGI and Committee Structure to Create a Bike Pedestrian Plan Approved e) Highway 3 Corridor Plan Professional Services Agreement Approved 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN o�FAR�►�, , City of Farmington 6 p 430 Third Street Farmington, Minnesota ;' 651.280.6800 - Fax 651.280.6899 '41..4 P4007. www.c i.farmingto n.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the September 17, 2018 City Council Meeting-Administration DATE: October 1, 2018 INTRODUCTION Attached for your review are the minutes of the October 1, 2018 city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes of the September 17, 2018 city council meeting. ATTACHMENTS: Type Description D Backup Material September 17, 2018 Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING SEPTEMBER 17, 2018 1. Call to Order Mayor Larson called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance Mayor Larson led those in attendance in the Pledge of Allegiance. 3. Roll Call Present-Larson, Bernhjelm, Craig and Donnelly Absent-Bartholomay Staff Present-Community Development Director Kienberger, Human Resources Director Wendlandt, Planning Manager Wippler and Attorney Jamnik. 4. Agenda Motion by Bernhjelm, second by Craig, to approve the agenda as presented. APIF, motion carried. 5. Announcements/Commendations None 6. Citizen Comments a) Joshua Hoyt, 19873 Escalade Way discussed his concerns with the recent data request related to the former police chief. He obtained 21 emails in regards to the police chief, an issue raised by a resident related to fireworks,the acting police chief, the police department culture and the recent separation agreement. Mr. Hoyt had concerns about one of the emails having a redacted email recipient and wanted to know why this occurred. These are the words of a city councilmember and he has serious concerns with this issue. He wants to move on but has concerns about a city councilmember talking to someone we do not know on this matter. Mr. Hoyt asked for the resignation of Councilmember Bartholomay and if he does not resign he asked that Councilmember Bartholomay abstain from any votes related to the police department. September 17, 2018 Minutes - 1- 7. Consent Agenda Motion by Bernhjelm, second by Craig,to approve the consent agenda: a) Approve Minutes of the September 4, 2018 City Council Meeting-Administration b) Approve 2018-2019 Farmington High School Hockey Game Rental Agreement-Parks c) Adopt Resolution R38-2018 Approving a Gambling Event Permit for the Farmington Firefighters Auxiliary Association-Community Development d) Authorize Granting of Easement the Federal Aviation Administration for Dewatering System Project-Community Development e) Appointment Recommendation Fire Department-Human Resources f) Acknowledge Resignation Municipal Services-Human Resources g) Approve Bills-Finance APIF, motion carried. 8. Public Hearings None 9. Award of Contract None 10. Petitions, Requests and Communications None 11. Unfinished Business None 12. New Business None 13. City Council Roundtable Donnelly-Thanked the Northfield Hospital for helping out with an issue. Craig-In regards to the comments made by Mr. Hoyt tonight she stated that looking at the emails involved in this situation do not tell the entire story. Some of this is being taken out of context. September 17, 2018 Minutes -2- Larson-Reminded residents that the Dakota County Regional Chamber is sponsoring a candidate forum on Wednesday at 7:00 p.m. and encouraged residents to shop local. Executive Session Motion by Bernhjelm, second by Craig,to go into closed session to discuss labor negotiations pursuant to Minnesota Statute 13D.03. APIF, motion carried. Present in the closed session were the four city councilmembers,Attorney Jamnik, Human Resources Director Wendlandt and Community Development Director Kienberger. Adjourn Mayor Larson brought the meeting back into open session and adjourned the meeting at 7:45 p.m. APIF, motion carried. Respectfully Submitted 132. IWG K:,, r� David McKnight, City Administrator September 17, 2018 Minutes -3- IN‘ kRitkiCity of Farmington 430 Third Street Farmington, Minnesota 1\::41_16 651.280.6800 - Fax 651.280.6899 1 .4.no+ www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Katy Gehler,Public Works Director& Todd Reiten, Director of Municipal Services SUBJECT: Authorize the Purchase of an Asphalt Hot Box/Emulsion Tank Trailer-Public Works DATE: October 1, 2018 INTRODUCTION To maintain the city's streets, the city regularly fills pot holes or completes area patches to address failures in the bituminous. Current blacktopping operations utilize a dump truck to haul the material with staff distributing the product on the street either by shoveling from the truck or utilizing a skid steer on larger patches. Before the asphalt material is placed, an emulsion is sprayed on the surface to adhere the new material to the surface. Currently we have a 1984 emulsion tank, that is in very poor condition and hard to order parts for. These methods pose safety concerns and are not efficient. In addition to the distribution methods, asphalt in the box is continually losing temperature which makes it difficult to use the entire product at times. Many city's of our size utilize an asphalt hot box for these operations. Hot box's in general are heated to provide even and consistent heating for both hot and cold patch. This leads to a better patch and less wasted material. These units can also be heated overnight to keep material at temperature so it can be used the following day instead of wasted. A trailer mounted hot box incorporates a low profile design shovel platform to dispense material directly to the road surface. DISCUSSION Staff has researched different types of hot boxes, available options and talked to cities and counties that utilize them. Based on this research, staff is recommending that the city purchase a STEPP SPH-OJ 3.0 unit. This unit is trailer mounted and is equipped with an emulsion tank. It is oil jacked and the material is fed with an internal auger. Safety and operational options have also been considered including lighting systems and tool storage. Other cities that use STEPP units reported being very happy with it and the way the manufacture stands behind their product for the continuous customer/repair service offered by them. The state manages the Minnesota Cooperative Purchasing Venture (CPV)which acquires bids meeting the state contracting laws for many goods and services. The recommended hot box unit is available through the CPV and pricing was obtained from the state bid holder. The cost of the hot box on the state bid equipped to our needs is $58,759.00. The bid summary is attached. City staff discussed this potential purchase with the city council at a work session earlier this year. BUDGET IMPACT The street maintenance fund was established to support repair of city streets. The fund balance can support the cost of the hot box which is primarily used for this purpose. ACTION REQUESTED Authorize the purchase of an STEPP SPH-OJ 3.0 asphalt hot box/emulsion tank trailer and disposal (auction) of the 1984 emulsion tank. ATTACHMENTS: Type Description D Backup Material Asphalt Hot Box Quote Tt1 STEPP MFG CONFIRMATION OF ORDER MN CONTRACT 2018 Stepp Manufacturing Co.,Inc.12325 River Road North Branch MN 55056 Ph:651-674-4491 Fx:651-674-4221 CONTACT NAME Steve Arndt BILL TO ADDRESS City of Farmington COMPANY City of Farmington 1950 Municipal Drive PHONE/FAX 651-248-9194 Farmington,MN 55024 EMAIL samdt uc ci.farmington.us CONTRACT MN P-961 (5) SHIP TO ADDRESS Same as Bill to REF: SPHOJ18-06 MINNIN: PAYMENT BY Stepp Order No. Down Payment Amount Enclosed: Date Ordered 9/11/2018 Credit Card Card Type Delivery Date By 12/22/2018 Card Number: Purchase Order No. On Terms X Ship Via TRUCK Letter of Credit FOB Destination Salesman Carl Abbott ITEM# DESCRIPTION QTY UNIT COST TOTAL AMOUNT SPHOJ-3.0 Stepp Oil Jacketed Premix Heater 3.0cy 4 Ton 1 $ 39,687.00 $ 39,687.00 Electric Ovemight Heat 110V 1500W 1 2,092.00 2,092.00 Washdown System 1 719.00 719.00 Hose Reel for Washdown 1 539.00 539.00 Tack Tank w/diesel burnerw/pumping system 1 11,041.00 11,041.00 Hose Reel for Tack Hose 1 691.00 691.00 • Flush Mounted Strobe Lights 2 327.00 654.00 Tool Box 10"x10"x24" 1 351.00 351.00 Stainless Steel Tool Holders 2 118.00 236.00 Shovel Cleaning Compartment 1 700.00 700.00 LED Arrowboard 1 1,360.00 1,360.00 2 Light LED System 1 584.00 584.00 Electric Brakes 1 0.00 0.00 PAINT: HITCH:Pintle LIGHT PLUG:7 Pin RV Subtotal $ 58,654.00 Ordered By Approved By Freight 105.00 "If down payment box is checked,payment must be made with confirmation Total Due $ 58,759.00 All prices herein quoted are exclusive of sales,use,and other excise taxes.All such taxes,and any other taxes measured in whole or part,by gross receipts applicable to this transaction are to be borne by the purchaser.All export,import,and other duties,tariffs,and customs shall be paid for by the purchaser.If exemption is claimed by the purchaser from any of the foregoing,the purchaser shall furnish satisfactory proof of such exemption. Please fax back signed copy of this confirmation to process your order. 4V+Rif , City of Farmington ItY"t7 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 11*`A PROW' ' www.c i.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Administrative Assistant SUBJECT: Adopt Resolution Appointing 2018 General Election Judges-Community Development DATE: October 1, 2018 INTRODUCTION The General Election is Tuesday, November 6, 2018. DISCUSSION Per State Statute 204B.21, election judges must be appointed at least 25 days before the election. The attached resolution appoints judges for all precincts one through six for the 2018 General Election. BUDGET IMPACT Election costs are included in the 2018 budget. ACTION REQUESTED Adopt the attached resolution appointing election judges for the General Election on November 6, 2018. ATTACHMENTS: Type Description D Resolution Resolution RESOLUTION NO. R 3 9-1 8 APPOINTING ELECTION JUDGES FOR THE NOVEMBER 6,2018 GENERAL ELECTION 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 the 1st day of October, 2018 at 7:00 p.m. Members present: Larson, Bernhj elm, Craig Members absent: Bartholomay, Donnelly Member Bernhj elm and Member Craig introduced and seconded the following resolution: WHEREAS, pursuant to Section 204B.21 of the Minnesota Election Laws, election judges shall be appointed by the governing body of the municipality at least 25 days before the election at which the election judges will serve; and WHEREAS, election judges shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training sessions. NOW THEREFORE,BE IT RESOLVED that the Dakota County Absentee Ballot Board is delegated the duty of duplicating military and overseas absentee ballots when necessary. BE IT FURTHER RESOLVED that the individuals listed in this resolution are appointed to serve in the city of Farmington as election judges for the 2018 General Election at the hourly rate of$9.65 for election judges and $10.50 for head judges; and will serve at the following designated polling locations: Precinct 1 -Rambling River Center, 325 Oak Street Precinct 2-Robert Boeckman Middle School, 800 Denmark Avenue Precinct 3 -Farmington Maintenance Facility, 19650 Municipal Drive Precinct 4-Farmington Lutheran Church, 20600 Akin Road Precinct 5 -Bible Baptist Church, 19700 Akin Road Precinct 6-Farmington City Hall, 430 Third Street 2018 General Election Judges Marlene Beeney Josh Grugal Blanche Reichert Pat Hennen Evan Brewer Lynn Nordine David Schorr Rose Benz William Ristow Dave Stanek Hazel Truax Dirk Rotty Karen Pietsch Vicki Pepera Dianne Fahey Betty Stennes Susan Bastian Chris Auger Cheryl Wade Lisa Benson Maria Cherne Jeff Walton Lois Lotze Tom Welter Nancy Bjerke Deb Kelly Georgene Herlofsky Peggy Reiman Gregory Pye Ron Miles Larry Hempler Jason Jensen Jeanne Stanek Morganna Starrett Janet Grohoski Lee Benz James Ellingson Nancy Hepokoski Doris Dahl Kim Lomas Nancy Stein Alleen Wicktor Katherine Bierlein Pennie Page Mary Reisinger Holly Millard Mary Schmidt Michelle Hinze 1 Robert Horvath Robert Benson Eva Engman Jessica Gunderson Julie Simonsen Leiann Schulz Carole Hansen Delynn Pfannenstein Michael Krippner Natalie Cheyne Frank Watson Marcea Vetscher Nathan Haskin Nancy Wilson Darlene Donnelly Craig Davis Marilyn Emond Nancy Meixner Barbara Neal Jeanne Nordstrom Virginia Gustafson BE IT FURTHER RESOLVED that the City Clerk, or City Clerk's designee, is authorized to appoint additional election judges as needed to conduct the 2018 General Election. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of October 2018. Mayor Attested to this /day of October, 2018. • dministra r 6(1/' SEAL gtikRip, City of Farmington 430 Third Street Se Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 ''fp*4 pacaow www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: City Administrative Policies and Procedures: Tuition Reimbursement-Review, Changes and/or Additions-Human Resources DATE: October 1, 2018 INTRODUCTION The purpose of this memorandum is to provide information regarding the review, changes, and/or additions made to the policy on tuition reimbursement. DISCUSSION The tuition reimbursement program was suspended in 2009 due to budgetary considerations. Over the past few years, there has been renewed interest in re-establishing the program and the city is interested in providing educational assistance to employees. Therefore, the tuition reimbursement policy has been reviewed and updated for city council review. The red-lined version of this policy is attached. Even though all employees are subject to the Administrative Policies and Procedures Manual, it is important to note that where ever the city administrative policies and procedures conflicts with a collective bargaining agreement, the collective bargaining agreement takes precedence. BUDGET IMPACT Costs for the tuition reimbursement program are provided for in both the 2018 and 2019 budget. ACTION REQUESTED Approve the attached policy for inclusion in the Administrative Policies and Procedures Manual ATTACHMENTS: Type Description ID Backup Material Tuition Reimbursement Policy Section 7.2 — Tuition Reimbursement The City of Farmington encourages its regular full-time employees to enroll in job related educational programs and may provide support through tuition reimbursement. The City will reimburse a regular full-time employee for the cost of tuition(subject to budgetary considerations) upon satisfactory completion of the course. The amount of the reimbursement is dependent on the grade received by the employee. Reimbursement will be as follows: Grade Received Reimbursement A 100% B 85% C 50% There is no reimbursement for any grade below a "C". Tuition reimbursement does not include reimbursement for textbooks or study materials or associated fees. Expenses for which the employee could be compensated through another educational incentive program, such as the GI Bill, will not be covered. All reimbursements shall be subject to applicable IRS regulations. Requirements In order to qualify for reimbursement, the following conditions must be met: 1) The employee must have successfully completed 12 months of continuous employment with the city. 2) The employee must maintain a "meets expectations" on their performance evaluations while attending classes for which tuition reimbursement is requested. 4-}-3) The class must be job directly related to the employee's current job or to a position in which the employee could be directly promoted within the City of Farmington. 2}-4) The class must be taken from accredited institutions of higher learning or vocational- technical schools. 3) 5) The class must be approved in writing by the supervisor and department director prior to enrollment. 4)-6) The employee must receive a passing grade (C or equivalent) in order to receive reimbursement. 5) 7)After the class has been completed,the employee must supply a photocopy of the grade sheet and the original receipt for tuition. Degree Programs If the employee has declared they are pursuing a job related degree,the City may provide financial support for any course required in the program. Should the employee fail to obtain the degree, all non job-related courses shall be reimbursed to the City. Courses at the doctorate level or degree programs leading to any type of doctorate degree or courses/programs taken at a law school will not be eligible for tuition reimbursement under this policy. Effective 11/00 If an individual terminates employment with the City within six months one year of receiving tuition reimbursement, the employee must pay back the full amount of the reimbursement for all courses. Procedures 1) By May 1 of each year,employees will need to Prior to starting a class or classes,the employee must request and obtain Receive written approval from the Department Director and the City Administrator. The request must include the name of the institution where the coursework is to be taken,major area of study, and expected degree upon completion of coursework. 2) Take and pass the class. 3) Submit all approved paper work (proof of payment and final grade) to Human Resources for processing. Maximum Reimbursement Employees will be eligible to receive a maximum of $3,000 per calendar year depending on available funding and will be on a first come, first serve bases. Limits Employees participating in tuition reimbursement do so on a voluntary basis. Travel to and from classes,time spent in class and studying, and mileage are not compensable or reimbursable. Effective 11/00 ,014)11/4, City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 ' ,.4 .' ; www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Teah Malecha, Finance Director SUBJECT: Approve Bills-Finance DATE: October 1, 2018 INTRODUCTION Attached is the September 13 - September 26, 2018 city council check register and recently processed automatic payments for your consideration. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached payments. ATTACHMENTS: Type Description ❑ Backup Material Check Register 9/13/18-9/26/18 0 fl' (O 0) 0) 0) O) m )O CD CD m (O CO m CO CO (p co 0 co co W 0) O) 0) a-- 0 0 0 0 0 0 0 0 o o o o o 0 0 0 0 0 0 0 0 0 0 N 00000 O 0000000000 O O 0000 O O O O O O O O O O O O O O O O O O O 0000 O m 00000O O 0000000000 O O 0000 O N r r r r r rr r r r r r r r r r r r ..- a---c- a- 6 r r r O O o O O o O O O o O O O O O O O e O O O O O O 5 m x w N U W N N W 2 W W 0 OD EL W W W w0 U U > Z Z Z W W LLIZ Z Z Z Z Z W O O ZZ CO Z 1.11 U Z Z Z Z H U COCOU) COU) COCOCOCOa I- w C > W W W W Z > W W W W W W W W W ZZWW N 0 IX H I- H H Y U U U U U U U U U Z F F .Q W Z_ Z_ Z_ Z_ Q W > > > > > > > > > O J Q Q Z z F U Q Q Q Q U) a' LL' LL' LL' LL' LL' K 2' 2' F' J Q Q 0 N J �' H J W W W W W W W W W < < I- I- 2 2 LL' 0 ix Y Y Y Y W O CO CO CO U) CO CO CO CO COCL yx}. 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The current agreement was approved by the Farmington City Council on November 3, 2003. DISCUSSION Since the early 1900's the State of Minnesota has delegated to municipalities the state's right to grant utility franchises. Municipalities have been granted powers to regulate the use of public property within the corporate limits to protect the health and welfare of the general public. The current franchise agreement was adopted in 2003 and allowed Minnesota Energy Group (formerly Aquila) to construct and maintain a natural gas distribution plant and system and granting the right to use the streets, alleys and other public places within the present and future corporate limits of the city. The proposed ordinance allows the same activities to take place for the next 10 years. The length of the contract(going from a 15 year agreement to a rolling ten year agreement) is the only change from the current to the proposed agreement outside of the name change of the gas company. Both the current and the proposed new agreement include language allowing the city to implement a franchise fee at any time during the duration of the agreement with certain requirements. There has been no discussion of a franchise fee in the past seven years. The city attorney has reviewed the draft franchise agreement and has no concerns. Minnesota Energy Resources has been a good organization to work with over the years. Kyle Chester and Al Keuten from Minnesota Energy will be in attendance at the October 1, 2018 city council meeting to answer any questions you may have. BUDGET IMPACT This agreement has no budget impact at this time. ACTION REQUESTED Ask any questions you may have on the proposed franchise agreement. This item is for information only at the October 1, 2018 city council meeting. It will be brought back to the October 15, 2018 for city council consideration. ATTACHMENTS: Type Description D Ordinance Franchise Agreement 2003-2018 D Ordinance Draft Franchise Agreement 2018-2027 ORDINANCE NO.003-501 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA . AN ORDINANCE GRANTING AQUILA,INC.,D/B/A AQUILA NETWORKS, A DELAWARE CORPORATION,ITS SUCCESSORS AND ASSIGNS, A NATURAL GAS FRANCHISE AND THE AUTHORITY TO CONSTRUCT,OPERATE,MAINTAIN,AND EXTEND A NATURAL GAS DISTRIBUTION PLANT AND SYSTEM,AND GRANTING THE RIGHT TO USE THE STREETS,ALLEYS,AND OTHER PUBLIC PLACES WITHIN THE PRESENT OR FUTURE CORPORATE LIMITS OF THE CITY OF FARMINGTON,MINNESOTA THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: FRANCHISE GRANTED The City of Fannington, Minnesota, (hereinafter referred to as "Grantor")hereby grants a non- exclusive franchise to Aquila,Inc,d/b/a Aquila Networks, a Delaware corporation,(hereinafter called"Grantee"),its lessees,successors and assigns. Grantee is hereby granted the right, privilege, franchise,permission and authority to lay, construct,install,maintain,operate and extend in, along,over or across the present and future streets,alleys,avenues,bridges,public rights-of-way and public places as are now within the present or future limits of said Grantor,a natural gas distribution system and all facilities necessary for the purpose of supplying natural gas or processed gas for all purposes to the inhabitants of said Grantor and consumers in the vicinity thereof,and for the distribution of natural gas from or through said Grantor to points beyond the limits thereof. Such facilities shall include,but not be limited to,all mains, services, pipes,conduits and appliances necessary or convenient for transmitting,transporting;distributing and supplying natural gas for all purposes for which it maybe used,and to do all other things necessary and proper in providing natural gas service to the inhabitants of Grantor and in carrying on such business, • FRANCHISE FEE OPTION In accordance with Minnesota law,during the term of this franchise, Grantor may,in its discretion and only after 90 days prior written notice to Grantee,a public hearing, and the affirmative vote of Grantor's City Council,impose a franchise fee by separate ordinance on customers located within the corporate city limits,of Grantor. The method of assessment and collection of any franchise fee enacted by Grantor shall be based on one of the following or an alternate method mutually acceptable to both the Grantor and Grantee:(1)Percentage of gross receipts of regulated sales or transportation revenues collected within Grantor's corporate city limits;(2)Volumetric fee based on the delivery of energy within Grantor's corporate city limits; or(3)Flat fee collected on a nondiscriminatory basis from Customers who are located within Grantor's corporate city limits. At Grantor's request,Grantee may propose ordinance language that would implement the authorized franchise fee. For the avoidance of doubt,it is Grantor's • intent that any franchise fee imposed by Grantor in accordance with this provision shall be fairly and reasonably designed so as not to establish or foster an economic advantage for energy providers in competition with Grantee that are subject to Grantor's franchising authority. TERM The rights and privileges granted by this Ordinance shall remain in effect for a period of 15 years from the effective date of this Ordinance. GOVERNING RULES AND REGULATIONS This Ordinance is granted subject to all conditions, limitations and immunities now provided for, or as hereafter amended,and applicable to the operations of a public utility,by State or Federal law.The rates to be charged by Grantee for service within the present or future corporate limits of Grantor and the rules and regulations regarding the character, quality and standards of service to be furnished by Grantee shall be under the jurisdiction and control of such regulatory body or bodies as may, from time to time,be vested by law with authority and jurisdiction over the rates, regulations and quality and standards of service to be supplied by Grantee.Provided however, should any judicial,regulatory or legislative body,having proper jurisdiction, take any action that precludes Grantee from recovering from its customers any cost associated with services provided hereunder,then Grantee and Grantor shall renegotiate the terms of this Ordinance in accordance with the action taken,so as to allow Grantee to be made whole economically.In determining the rights and duties of the Grantee,the terms of this franchise Ordinance shall take precedence over any conflicting terms or requirements contained in any other Ordinance enacted by the Grantor. If an energy supplier is unable to furnish an adequate supply of energy due to an emergency,an order or decision of a public regulatory body, or other acts beyond the control of the Grantee, then the Grantee shall have the right and authority to adopt reasonable rules and regulations limiting, curtailing or allocating extensions of service or supply of energy to any customers or prospective customers,and withholding the supply of energy to new customers,provided that such rules and regulations shall be uniform as applied to each class of customers or prospective customers, and,shall be non-discriminatory_as.between..communities receiving servicefrom.the. Grantee. CONSTRUCTION AND MAINTENANCE OF COMPANY FACILITIES Any pavements, sidewalks or curbing taken up and any and all excavations made shall be done in such a manner as to cause only such inconvenience to the inhabitants of Grantor and to the general public as is reasonably necessary;and repairs and replacements shall be made promptly by Grantee, leaving such properties in as good as condition as existed immediately prior to excavation. Grantee agrees that for the term of this grant,it will use its best efforts to maintain facilities and equipment sufficient to meet the current and future energy requirements of Grantor,its inhabitants and industries.While maintaining its facilities and equipment, Grantee shall obtain permits as required by ordinance,except that in emergency situations, Grantee shall take immediate unilateral actions as it determines are necessary to protect the public health,safety, and welfare;in which case,Grantee shall notify Grantor as soon as reasonably possible. • Grantor will give Grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved that affect Grantee's facilities.The notice shall contain the nature and character of the improvements,the rights-of-way upon which the improvements are to be made,the extent of the improvements and the time when the Grantor will start the work, and,if more than one right-of-way is involved,the order in which this work is to proceed.The notice shall be given to the Grantee a sufficient length of time,considering seasonable working conditions,in advance of the actual commencement of the work to permit the Grantee to make any additions, alterations, or repairs to its facilities. EXTENSION OF COMPANY FACILITIES Upon receipt and acceptance of a valid application for service, Grantee shall, subject to its own economic feasibility criteria,make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of Grantor. RELOCATION OF COMPANY FACILITIES If Grantor elects to change the grade of or otherwise alter any street,alley, avenue,bridge,public right-of-way or public place for a public purpose, Grantee,upon reasonable notice from Grantor, shall remove and relocate its facilities or equipment situated in the public rights-of-way, if such removal is necessary to prevent interference and not merely for the convenience of the Grantor, at the cost and expense of Grantee. If Grantor orders or requests Grantee to relocate its facilities or equipment for the primary benefit of a commercial or private project,or as a result of the initial request of a commercial or private developer or other non-public entity, and such removal is necessary to prevent interference and not merely for the convenience of the Grantor or other right-of-way user,Grantee shall receive payment for the cost of such relocation as a precondition to relocating its facilities or equipment. Grantor shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause Grantee unreasonable additional expense in exercising,its authority under this section. Grantor shall also provide a reasonable alternative location for Grantee's facilities. Grantor shall give Grantee written notice of vacating of a public right-of-way.Vacating of a public right-of-way shall not deprive the Grantee of its right.tooperate and maintain eXistingiacilities,until the reasonable coat of relocating the same are first paid to the Grantee. Any person or corporation desiring to move a building or other structure along,or to make any unusual use of any street,alley,avenue,bridge,public right-of-way or public place which shall interfere with the facilities or equipment of the Grantee,shall first give notice to the Grantor and the Grantee and a pay a sum sufficient to cover the expense and damage incident to the moving of Grantee's facilities and equipment. CONFIDENTIAL INFORMATION Grantor acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature.If Grantee requests that any information provided by Grantee to Grantor be kept confidential due to such proprietary or commercial value,Grantor and its employees,agents, and representatives shall maintain the confidentiality of that information,to the extent allowed by law.If Grantor is requested or required by legal or administrative process to disclose any such confidential infonnation,Grantor shall promptly • • notify Grantee of such request or requirement so that Grantee may seek an appropriate protective order or other relief. Grantor shall use all reasonable efforts to ensure that the confidentiality of Grantee's confidential information is maintained, FORCE MAJEURE It shall not be a breach or default under this franchise if either party fails to perform its obligations hereunder due to Force Majeure. Force Majeure shall include,but not be limited to, the following: 1)physical events such as acts of God,landslides, lightning,earthquakes,fires, freezing,storms,floods,washouts, explosions,breakage or accident or necessity of repairs to machinery, equipment or distribution or transmission lines; 2)acts of others such as strikes, work-force stoppages,riots, sabotage,insurrections or wars; 3)governmental actions such as necessity for compliance with any court order, law, statute,ordinance,executive order, or regulation promulgated by a governmental authority having jurisdiction;and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome. Each party shall make reasonable efforts to avoid Force Majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance;provided,however,that this provision shall not obligate a party to settle any labor strike. HOLD HARMLESS Grantee,during the term of this Ordinance,agrees to save harmless Grantor from and against all claims, demands, losses and expenses arising directly out of the negligence of Grantee,its employees or agents,in the constructing,operating, and.maintaining of distribution and transmission facilities or appliances of Grantee;provided,however,that Grantee need not save harmless Grantor from claims,demands, losses and expenses arising out of the negligence of Grantor,its employees or agents. SEVERABILITY If any clause,sentence or section of this Ordinance is deemed invalid by any judicial, regulatory or legislative body having proper jurisdiction,the remaining provisions shall not be affected. NON WAIVER Any waiver of any obligation or default under this franchise shall not be construed as a waiver of any future defaults,whether of like or different character. REPEAL CONFLICTING ORDINANCES This ordinance,when accepted by Grantee as provided below,shall constitute the entire ' agreement between the Grantor and the Grantee relating to this franchise and the same shall supersede all prior ordinances pertaining to this franchise agreement, and any terms and conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 078-72 of the City of Farmington,Minnesota is hereby repealed as of the effective date hereof. , EFFECT AND INTERPRETATION OF ORDINANCE • The captions which precede each section of this ordinance are for convenience in reference only and shall not be taken into consideration in the interpretation of any of the provisions of this ordinance. EFFECTIVE DATE AND ACCEPTANCE This Ordinance shall become effective and be a binding contract between the Grantor and Grantee,upon its final passage and approval by Grantor, in accordance with applicable laws and regulations, and upon acceptance by Grantee by written instrument within sixty(60)days of passage by the governing body,and filed with the City Clerk of Farmington,Minnesota. The City Clerk shall sign and affix the community seal to acknowledge receipt of such acceptance, and return one copy to Grantee. If Grantee does not,within sixty(60)days following passage of this Ordinance express in writing its objections to any terms or provisions contained therein,or reject this ordinance in its entirety, Grantee shall be deemed to have accepted this ordinance and all of its terms and conditions. This ordinance shall be effective immediately upon its passage. ADOPTED this 3`d day ofNovember,2003,by the City Council of the City of Farmington. CITY OF FARMINGTON By:. C.ec�.e+� Gerald G,Ristow,Mayor ATTEST: 111 Daniel M. Siebenaler ..Interim City Administrator Approved as to form the .day of .2003. By: City Attorney SEAL Published in the Farmington Independent the 13 day of WeVQriA2003. ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA. An Ordinance granting Minnesota Energy Resources,a subsidiary of WEC Energy Group, a Wisconsin corporation, its successors and assigns, a natural gas franchise and the authority to construct, operate,maintain, and extend a natural gas distribution plant and system, and granting the right to use the streets,alleys, and other public places within the present or future corporate limits of the City of Farmington, Minnesota Be it ordained by the City Council of the City of Farmington,Minnesota, as follows: FRANCHISE GRANTED The City of Farmington, Minnesota, (hereinafter referred to as "Grantor")hereby grants a non-exclusive franchise to Minnesota Energy Resources, a subsidiary of WEC Energy Group, a Wisconsin corporation, (hereinafter called "Grantee"), its lessees, successors and assigns. Grantee is hereby granted the right, privilege, franchise, permission and authority to lay, construct, install, maintain, operate and extend in, along, over or across the present and future streets, alleys, avenues, bridges, public rights-of-way and public places as are now within the present or future limits of said Grantor, a natural gas distribution system and all facilities necessary for the purpose of supplying natural gas or processed gas for all purposes to the inhabitants of said Grantor and consumers in the vicinity thereof, and for the distribution of natural gas from or through said Grantor to points beyond the limits thereof. Such facilities shall include, but not be limited to, all mains, services, pipes, conduits and appliances necessary or convenient for transmitting, transporting;distributing and supplying natural gas for all purposes for which it may be used, and to do all other things necessary and proper in providing natural gas service to the inhabitants of Grantor and in carrying on such business. • FRANCHISE FEE OPTION In accordance with Minnesota law, during the term of this franchise, Grantor may, in its discretion and only after 90 days prior written notice to Grantee, a public hearing, and the affirmative vote of Grantor's City Council, impose a franchise fee by separate ordinance on customers located within the corporate city limits of Grantor. The method of assessment and collection of any franchise fee enacted by Grantor shall be based on one of the following or an alternate method mutually acceptable to both the Grantor and Grantee: (1) Percentage of gross receipts of regulated sales or transportation revenues collected within Grantor's corporate city limits; (2) Volumetric fee based on the delivery of energy within Grantor's corporate city limits; or (3) Flat fee collected on a nondiscriminatory basis from Customers who are located within Grantor's corporate city limits. At Grantor's request, Grantee may propose ordinance language that would implement the authorized franchise fee. For the avoidance of doubt, it is Grantor's intent that any franchise fee imposed by Grantor in accordance with this provision shall be fairly and reasonably designed so as not to establish or foster an economic advantage for energy providers in competition with Grantee that are subject to Grantor's franchising authority. TERM The rights and privileges granted by this Ordinance/Franchise shall remain in effect for a period of ten (10) years from the Effective Date. The Ordinance/Franchise shall be automatically extended for up to one (1) additional term of 10 years, provided, however, that the City may notify the Company in writing at least ninety (90) days before the expiration of the initial term, that City desires to renegotiate the Ordinance/Franchise. The Ordinance/Franchise shall terminate one hundred and twenty (120) days after City's provision of such notice, by mail or personal delivery, during which period the parties shall seek to negotiate, in good faith, mutually acceptable terms. GOVERNING RULES AND REGULATIONS This Ordinance is granted subject to all conditions, limitations and immunities now provided for, or as hereafter amended, and applicable to the operations of a public utility, by State or Federal law. The rates to be charged by Grantee for service within the present or future corporate limits of Grantor and the rules and regulations regarding the character, quality and standards of service to be furnished by Grantee shall be under the jurisdiction and control of such regulatory body or bodies as may, from time to time, be vested by law with authority and jurisdiction over the rates, regulations and quality and standards of service to be supplied by Grantee. Provided however, should any judicial, regulatory or legislative body, having proper jurisdiction, take any action that precludes Grantee from recovering from its customers any cost associated with services provided hereunder, then Grantee and Grantor shall renegotiate the terms of this Ordinance in accordance with the action taken, so as to allow Grantee to be made whole economically. In determining the rights and duties of the Grantee, the terms of this franchise Ordinance shall take precedence over any conflicting terms or requirements contained in any other Ordinance enacted by the Grantor. If an energy supplier is unable to furnish an adequate supply of energy due to an emergency, an order or decision of a public regulatory body, or other acts beyond the control of the Grantee, then the Grantee shall have the right and authority to adopt reasonable rules and regulations limiting, curtailing or allocating extensions of service or supply of energy to any customers or prospective customers, and withholding the supply of energy to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers or prospective customers, and shall be non-discriminatory as between communities receiving service from the Grantee. CONSTRUCTION AND MAINTENANCE OF COMPANY FACILITIES Any pavements, sidewalks or curbing taken up and any and all excavations made shall be done in such a manner as to cause only such inconvenience to the inhabitants of Grantor and to the general public as is reasonably necessary; and repairs and replacements shall be made promptly by Grantee, leaving such properties in as good as condition as existed immediately prior to excavation. Grantee agrees that for the term of this grant, it will use its best efforts to maintain facilities and equipment sufficient to meet the current and future energy requirements of Grantor, its inhabitants and industries. While maintaining its facilities and equipment, Grantee shall obtain permits as required by ordinance, except that in emergency situations, Grantee shall take immediate unilateral actions as it determines are necessary to protect the public health, safety, and welfare; in which case, Grantee shall notify Grantor as soon as reasonably possible. Grantor will give Grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved that affect Grantee's facilities. The notice shall contain the nature and character of the improvements, the rights-of-way upon which the improvements are to be made, the extent of the improvements and the time when the Grantor will start the work, and, if more than one right-of-way is involved, the order in which this work is to proceed. The notice shall be given to the Grantee a sufficient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Grantee to make any additions, alterations, or repairs to its facilities. EXTENSION OF COMPANY FACILITIES Upon receipt and acceptance of a valid application for service, Grantee shall, subject to its own economic feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of Grantor. RELOCATION OF COMPANY FACILITIES If Grantor elects to change the grade of or otherwise alter any street, alley, avenue, bridge, public right- of-way or public place for a public purpose, Grantee, upon reasonable notice from Grantor, shall remove and relocate its facilities or equipment situated in the public rights-of-way, if such removal is necessary to prevent interference and not merely for the convenience of the Grantor, at the cost and expense of Grantee. If Grantor orders or requests Grantee to relocate its facilities or equipment for the primary benefit of a commercial or private project, or as a result of the initial request of a commercial or private developer or other non-public entity, and such removal is necessary to prevent interference and not merely for the convenience of the Grantor or other right-of-way user, Grantee shall receive payment for the cost of such relocation as a precondition to relocating its facilities or equipment. Grantor shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause Grantee unreasonable additional expense in exercising its authority under this section. Grantor shall also provide a reasonable alternative location for Grantee's facilities. Grantor shall give Grantee written notice of vacating of a public right-of-way. Vacating of a public right-of-way shall not deprive the Grantee of its right to operate and maintain existing facilities, until the reasonable cost of locating the same are first paid to the Grantee. Any person or corporation desiring to move a building or other structure along, or to make any unusual use of any street, alley, avenue, bridge, public right-of-way or public place which shall interfere with the facilities or equipment of the Grantee, shall first give notice to the Grantor and the Grantee and a pay a sum sufficient to cover the expense and damage incident to the moving of Grantee's facilities and equipment. CONFIDENTIAL INFORMATION Grantor acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature. If Grantee requests that any information provided by Grantee to Grantor be kept confidential due to such proprietary or commercial value, Grantor and its employees, agents, and representatives shall maintain the confidentiality of that information, to the extent allowed by law. If Grantor is requested or required by legal or notify Grantee of such request or requirement so that Grantee may seek an appropriate protective order or other relief. Grantor shall use all reasonable efforts to ensure that the confidentiality of Grantee's confidential information is maintained. FORCE MAJEURE It shall not be a breach or default under this franchise if either party fails to perform its obligations hereunder due to Force Majeure. Force Majeure shall include, but not be limited to, the following: 1) physical events such as acts of God, landslides, lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery, equipment or distribution or transmission lines; 2) acts of others such as strikes, work-force stoppages, riots, sabotage, insurrections or wars; 3) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, executive order, or regulation promulgated by a governmental authority having jurisdiction; and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome. Each party shall make reasonable efforts to avoid Force Majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance; provided, however, that this provision shall not obligate a party to settle any labor strike. HOLD HARMLESS Grantee, during the term of this Ordinance, agrees to save harmless Grantor from and against all claims, demands, losses and expenses arising directly out of the negligence of Grantee, its employees or agents, in the constructing, operating, and maintaining of distribution and transmission facilities or appliances of Grantee; provided, however, that Grantee need not save harmless Grantor from claims, demands, losses and expenses arising out of the negligence of Grantor, its employees or agents. SEVERABILITY If any clause, sentence or section of this Ordinance is deemed invalid by any judicial, regulatory or legislative body having proper jurisdiction, the remaining provisions shall not be affected. NONWAIVER Any waiver of any obligation or default under this franchise shall not be construed as a waiver of any future defaults, whether of like or different character. REPEAL CONFLICTING ORDINANCES This ordinance,when accepted by Grantee as provided below, shall constitute the entire: agreement between the Grantor and the Grantee relating to this franchise and the same shall supersede all prior ordinances pertaining to this franchise agreement, and any terms and conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 003-501 the City of Farmington, Minnesota is hereby repealed as of the effective date hereof EFFECT AND INTERPRETATION OF ORDINANCE The captions which precede each section of this ordinance are for convenience in reference only and shall not be taken into consideration in the interpretation of any of the provisions of this ordinance. EFFECTIVE DATE AND ACCEPTANCE This Ordinance shall become effective and be a binding contract between the Grantor and Grantee, upon its final passage and approval by Grantor, in accordance with applicable laws and regulations, and upon acceptance by Grantee by written instrument within sixty (60) days of passage by the governing body, and filed with the City Clerk of Farmington, Minnesota. The City Clerk shall sign and affix the community seal to acknowledge receipt of such acceptance, and return one copy to Grantee. If Grantee does not, within sixty (60) days following passage of this Ordinance express in writing its objections to any terms or provisions contained therein, or reject this ordinance in its entirety, Grantee shall be deemed to have accepted this ordinance and all of its terms and conditions. This ordinance shall be effective immediately upon its passage. ADOPTED this day of , 2018, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: _. David McKnight City Administrator Approved as to form the day of , 2018 By: City Clerk SEAL Published in the Farmington Independent the day of 2018. ItRMli City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ' •4 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Amendment to the Settlement Agreement Between the City of Farmington and Independent School District 192 DATE: October 1, 2018 INTRODUCTION The City of Farmington and Independent School District 192 entered into a settlement agreement in regards to the construction of a new high school in May 2006. Recently city and school officials have been discussing an amendment to the settlement agreement. DISCUSSION In May 2006 the City of Farmington and Independent School District 192 (ISD 192) entered into a settlement agreement regarding the construction of a new high school located along Flagstaff Avenue and related public infrastructure improvements to serve the new school and other properties in the area, including the eventual east/west extension of 208th Street between Flagstaff Avenue and the Lakeville border. Earlier this year representatives from ISD 192 and the city started discussions on a possible amendment to the settlement agreement. The settlement agreement, a copy of which is attached for your review, includes the following significant points that are relevant today. 1. The agreement calls for the city to construct, and the school district to pay for, an extension of 202nd/208th Street in Farmington once the first of the following occur: o The first football season immediately following the date of completion of stadium improvements; and o The student attendance at the high school exceeds 1,750 students. o OR O 202nd Street construction within the City of Lakeville between Cedar Avenue and the Farmington/Lakeville border. (The attached map shows the general location where the 202nd/208th Street extension will be located in Lakeville and Farmington. The school district is only responsible for the for costs of the street west of Flagstaff Avenue to the Lakeville/Farmington border.) 2. The city shall collect assessments or charges as authorized or permitted by law for connections to Flagstaff Avenue, future 208th Street, water main and sanitary sewer improvements in the benefit area. The benefit areas are defined on the attached map. 3. The city shall pass these assessments on the to the school district, minus the school districts apportioned benefit of the project. 4. The city's obligation for reimbursement for the utilities expires after 50 years. Infrastructure Costs The cost of the Flagstaff Avenue, sanitary sewer and water main project improvements that were paid by the school district totaled $11,673,549.51. The breakdown of these costs were as follows: Street Improvements . $7,790,287.99 Sanitary Sewer $1,440,229.35 Water Main $2,443,032.17 TOTAL $11,673,549.51 The school districts apportioned benefit of the above total was $883,609.45. This leaves the outstanding costs subject to potential reimbursement to the school district as follows: Street Improvements . $7,373,289.61 Sanitary S ewer $1,239,691.09 Water Main $2,176,959.36 TOTAL $10,789,940.06 Collection of Special Assessments or Charges as Authorized by Law There are two mechanisms that the city has authority to utilize for the improvements discussed in the agreement; special assessments or availability charges. Availability Charges State statute clearly grants cities the authority to collect availability charges for water and sewer utilities to recover the cost of the construction of trunk and other capital improvements. This authority is not extended to road construction. While some cities have utilized this type of fee in the past, recent court cases have set legal precedence reinforcing the lack of specific authority cities have to collect fees for streets. Special Assessments The only option that the city has regarding covering costs for street improvements is the use of special assessments. The use of assessments requires the city to prove the benefit of the improvement to the property being assessed. It is highly unlikely the city will be able to pass the special benefit test for the improvements in question. This could result in appeals of the assessments and legal costs to defend these appeals. As an aside to this issue, the city changed its assessment policy in May 2014. This change removed assessments for projects in our capital improvement plan. While the option to assess projects is still available, our practice of paying for projects through the tax levy has worked well and is still recommended by city staff. Given the mechanisms the city council can legally use, the adjusted potential reimbursements are: Street Improvements . $0 Sanitary Sewer $1,239,691.09 Water Main $2,176,959.36 TOTAL $3,416,650.45 Current Agreement Impacts If the current agreement with the school district stays in place, the city would need to determine the process to collect the $3,410,650.45 in sewer and water costs as development occurs over the next 40 years in the benefit area. These dollars would be transferred to the school district. Given the results of the comprehensive plan and the current ag preserve status, there is a potential that not all of the land in the benefit area develops before the reimbursement expiration date. The current agreement specifies 202nd/208th Street to be a rural cross section street. Since the time of the agreement, regional transportation studies have been completed with Dakota County and other local jurisdictions which identify this future street as part of an east/west corridor route from Interstate 35 through Lakeville and Farmington continuing on to Highway 52. Given the designation, the cross section defined in the settlement agreement would not be adequate to handle the expected traffic volumes. In addition, turn lanes, medians, etc. should be considered to safely manage traffic. Given this, the city will also need to continue to work with the City of Lakeville on the construction of 202nd/208th Street once the land north of the Spyglass property develops. While the timing of this development is not known today, the rate of development in Lakeville will likely mean this will occur sooner rather than later. Once this development occurs, the school district would need to pay for the street which would likely cost more than the amount of the sewer and water reimbursement given the corridor cross section needs. Proposed Amendment The amendment to the settlement agreement is simple in nature and proposes the following: • The school district work related to the settlement agreement is complete. • The city will take on responsibility for building and funding the 208th Street extension when it is prompted by development along 208th Street. • The city will collect SAC and WAC fees over time from properties in the benefit area. These dollars will be invested in our current and future utility infrastructure system. It should be noted that these trunk fees not only pay for the utility lines themselves, but also other capital projects to support development including new wells, a water tower, etc. The draft amendment to the settlement agreement is included for your review. Reasons to Consider The basic question to answer for the city council is why would the city consider agreeing to this amendment? Below are some reasons for this to be considered. 1. The city has the ability to pass on portions for the future street construction costs to the landowner/developer that the school district does not. If you look at the map of the future 208th Street that is attached, three quarters of the street is on privately owned land. That means these costs can be passed on to a future development and responsibility taken off of the taxpayers. 2. The remaining one quarter of the future street costs will need to be paid for by someone. The city has discussed with the City of Lakeville the possibility of making the future 202nd/208th Street a MSA designated street. This means we would be able to use future MSA funding to pay for the final portion of the future street if this designation occurs. 3. The city alleviates a difficult development caused reimbursement calculation and process in the future. Results Some of the potential results of the proposed amendment if it can be agreed to by the city council and school district include: 1. The community puts this issue to rest. 2. The school district financial obligation to the construction of 208th Street is complete. 3. The city can plan for the future construction and funding of 208th Street and be included in future capital improvement plans. The city has tools that could aid in financing the project such as acquiring right of way through the development process and potentially utilizing state aid construction funds. I hope you were able to follow this issue from start to finish. I would be happy to provide any additional information and answer any questions you may have. The city attorney has reviewed the proposed amendment to the settlement agreement and is comfortable with the document. BUDGET IMPACT TBD ACTION REQUESTED Ask any questions you may have on the settlement agreement proposed amendment. No action will be taken at the October 1, 2018 meeting. If the city council is comfortable with the proposal, this issue will be placed on the October 15, 2018 city council meeting agenda for consideration. ATTACHMENTS: Type Description ❑ Backup Material FHS Settlement Agreement ❑ Backup Material 202nd/208th Street Future Street Extension Map ❑ Backup Material Flagstaff Avenue Benefit Area ❑ Backup Material Draft Amendment to Settlement Agreement . . • • • • • • • •• • • CASE TYPE: OTHER CIVIL • STATE OF MINNESOTA DISTRICT COURT . ' COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT • • • , Independent School District No. 192, Court File No. C0-05-9376 • • Judge Messerich • Plaintiff,• - vs. SETTLEMENT AGREEMENT : • City of Fannington, V - - V • • • Defendant.• V • • • - THIS SETTLEMENT AGREEMENT (this "Agreement") is made and entered into this • day of May,2006, by and between INDEPENDENT SCHOOL DISTRICT NO. 192, the Plaintiff in the above-referenced matter and an independent school district under the laws of the State of Minnesota (the "School District"), and CITY OF FARNIINGTON, the Defendant in . the .above referenced matter and a municipal corporation under the laws of the State Of Minnesota(the "City"). • ' • - WHEREAS, the School District initiated-the above-captioned action (the "Legal • Action") against the City by service of a Summons and Complaint on or about September 19, . 2005; . V V WHEREAS, the City responded to the School District's Complaint by filing an Answer • , denying the School District's causes of action; . • • WHEREAS, School District and the City, wishing to avoid the time, expense, • • •inconvenience and uncertainties of litigation, have agreed to settle the Legal Action upon the terms and conditions hereinafter set forth. • • NOW,.THEREFORE, in consideration of the premises and for other good and valuable . • consideration, the receipt and sufficiency of which is hereby acknowledged, the School District • . and the City hereby agreeas'follows: • Section 1. - Definitions. For purposes of this. Agreement, and in addition such other terms as may be separately defined in this Agreement, the following definitions shall apply: "208th Street Extension" shall mean the proposed east-west extension of 208`n Street within the city limits for the city, to the extent located only between Flagstaff Avenue and • 1367952-8 • 1 - • • • • the City of Lakeville border, as depicted on Exhibit A.attached� hereto (the "208th Street Alignment Plan"). • • • "208th Street Improvements" shall mean those street improvements to be constructed in the 208th Street Extension pursuant to Section 7(a)(ii)(B)of this Agreement. • . "208th Street Improvements Costs'.' shall mean.all actual costs of right of way • acquisition and construction (including without limitation costs of grading, filling, materials acquisition, construction and installation) of the 208th Street Improvements, together with all associated engineering,appraisal, legal and other related actual costs and expenses. • "Additional Approvals" shall have the meaning ascribed thereto in Section 4.of' • . this Agreement.• ' • "Christensen Property" shall mean that real property legally described on . - Exhibit B attached hereto and incorporated herein by this reference, • • . "City Council" shall mean the then duly elected and acting city council•for the City. - "City Standards" shall mean the collective reference to (i) such design and engineering standards •as are contained in the City's Engineering Guidelines Manual and Standard Detail Plates,as regularly and consistently maintained by the City in its ordinary course of business (the "City Engineering Documents"); (ii)such design ,recommendations or • requirements as may be adopted by governmental regulatory agencies other than the City; and (iii) such other design standards,with respect only to matters not otherwise addressed in the City V Engineering Documents, as. shall be established in the reasonable engineering discretion of the - . City. • • "Court" shall mean the Dakota County District Court having jurisdiction of the Legal Action, and before which the Legal Action is pending as of the date of this Agreement. . "Development Contract"shall mean the contract to be negotiated and executed by the School District and the City, in connection with the furnishing of all Additional Approvals for development of the' Christensen Property and the construction of- all High School - . . . - Improvements and Public Improvements in accordance with Section 6 of this Agreement. V • • V "Draft Feasibility Report" shall mean that draft Report for Flagstaff Utility & • .•. " Street Improvements, dated August 2005, as prepared by Bonestroo, Rosene, Anderlik & Associates,Inc., a Minnesota corporation. "Effective Date"shall mean the•date of approval of this Agreement by the Court. "Final Completion of the Stadium Improvements" shall mean the final completion• V of that portion of the High School.Improvements.as shall'comprise the football stadium, together • with such other improvements as.shall be reasonably related thereto (including, by way of • example, all football stadium field improvements, bleachers, stadium lighting, audio systems, • • 1367952-8 2 • " security fencing or other barriers, sidewalk's serving the stadium, and other similarly related improvements). "Final Design Plans" shall mean the design plans, as shall be prepared by Bonestroo, Rosene, Anderlik &Associates, Inc., a Minnesota corporation, and approved by the • • • City Council, setting forth the final design of all Public Improvements in accordance-with Section 5(c)of this Agreement. • "Final Feasibility Report" shall mean the final feasibility report, as shall be • . • prepared by Bonestroo, Rosen; Anderlik & Associates, Inc., a Minnesota corporation, and approved by the City Council, setting forth the guide for the preparation of the Final Design. • • Plans for the Public Improvements in accordance with Sections 5(a)and(b)of this Agreement. ' • "Flagstaff Street Improvements" shall mean those street improvements for Flagstaff Avenue, as located within the city limits for the City between County State Aid • Highway 50 and the.City.of Lakeville border, all as shall be more fully specified and set forth in. the Final Design Plans.• • "Flagstaff Street Improvements Costs" shall mean all actual costs of right of way • . acquisition;limited to such additional rights of way, as reasonably deemed necessary by the City • • and required under the Final Design Plans, for slope easements, temporary construction easements•and/or easements for street adjustments, stormwater drainage, or to accommodate turn ' lanes. to serve the High School Improvements and construction (including without limitation . costs of grading, filling, materials acquisition, construction and installation) of the Flagstaff ' . Street Improvements, together with all associated engineering, legal and other related actual • costs and expenses.- -• . "High School Improvements" shall mean the construction of all private ,improvements comprising or serving the proposed high school facility to be located on the . Christensen.:Property, including without limitationthe high school building, stadium, athletic • fields; tennis courts, parking areas, private roads, on-site private utilities and roads, and such • . • • other improvements as shall be reasonably related thereto. • "Public Improvements" shall mean all public improvements related to the High School Improvements, consisting of the collective reference to.the 208th Street Improvements, . the Flagstaff Street Improvements, the Sanitary Sewer Improvements, and the Water Main Improvements, • "Sanitary Sewer Improvements" shall mean all public improvements'for sanitary • sewer and related infrastructure, as generally described in Section 7(c) of this Agreement, and including without limitation any related improvements as shall'be constructed in connection therewith,•all as shall be more fully specified and set forth in the Final Design Plans. • . "Sanitary Sewer Improvements Costs" shall mean all actual costs of construction (including without limitation costs of excavation, grading, filling, materials acquisition, construction and installation) of the Sanitary Sewer Improvements, together with all associated • 'engineering,legal and other related actual costs and expenses. 1367952-8 3 • • • • • • • "School Board" shall mean the then duly elected and acting school board for the School District. • "Sketch Plan" shall mean the collective reference to the following: (i) that Sketch- Plan-Site Plan attached hereto as Exhibit C-I; and (ii) to the extent consistent with the underlying assumptions and Public Improvements requirements under the Draft Feasibility Report, as modified by this Agreement,. the following: (A) that Sketch Plan-Grading Plan • attached hereto as'Exhibit C-2; and (B) that Sketch Plan-Utility Plan attached hereto as . • Exhibit C-3. • • "Unforeseen.Physical Conditions" shall mean such physical conditions of real " property that are not actually known, or reasonably knowable,by the City, its staff or consulting engineers, and not readily observable or discoverable on the basis of a physical observation of • • the subject property, or by resort to existing soil data or information regularly available to and referred to by the City, its staff or consulting engineers, from time to time, including without limitation such conditions as poor soils, environmental contamination, underground storage. • . . tanks,or archeological sites. • "Water Main Improvements" shall mean all public improvements for water main and related infrastructure, as generally described in Section 7(b) of this Agreement, and including without limitation any related improvements as'shall be constructed in connection therewith,all as,shall be more fully specified and set forth in the Final Design Plans. • • . • "Water Main Improvements'Costs" shall mean all actual costs'of construction • • (including without limitation costs of excavation, grading, filling, materials acquisition, construction and installation) of the Water Main Improvements, together with all associated • engineering,legal and other related actual costs and expenses. • Section 2. Standstill Agreement/Dismissal. Each of the School District and the City • • agree that•the terms and provisions set forth in-this Agreement constitute a full and complete settlement of the Legal Action and shall result in a dismissal of the Legal Action with prejudice. - 'Notwithstanding the foregoing, the parties agree to a phased termination of litigation activities and dismissal of the Legal Action, as follows: • (a) Standstill Agreement. Immediately'as of the Effective Date, the parties agree to stipulate to a suspension of all litigation activities in the Legal Action, and a stay of all time periods within the Legal Action, in the form of that Stipulation for Suspension of Legal • Action and Order.in the form attached hereto as Exhibit D (the "Suspension. Stipulation and Order"),•including without limitation any outstanding discovery timelines, briefing deadlines in connection with any pending motions or applications.for relief,hearing dates,time periods under any existing scheduling order or otherwise, until the first to occur of the following: (i)the failure. by the City Council to amend the City's existing Comprehensive Guide Plan' (the "Comprehensive Plan") and zoning ordinances,in accordance with Section 3 of this Agreement; (ii) the failure by the Metropolitan Council to approve the City Council's'approval of all actions . described in Section 3(a)below; or(iii)the entry by the Court of the order of final dismissal with prejudice in accordance with Section 2(c).of this Agreement, at which time all such litigation activities shall be terminated in all respects. Upon the occurrence of any event described in(i)or 1367952-8 4 • (ii) above,..and without further notice or other action by any party, this Agreement shall be • deemed mill and void and,shall automatically terminate in all respects. • (b) • Partial Dismissal With Prejudice.•Within ten(10)business days following the date'of receipt by the School District of written evidence of an approval (conditioned only upon final approval by the Metropolitan Council) by the.City Council of all actions:described in Section 3(a) below, the School District shall execute and deliver to the City a Stipulation for ' • Partial Dismissal With Prejudice and Order in the form attached hereto as Exhibit E (the"Partial Dismissal Stipulation and Order"). Promptly following receipt of the Partial Dismissal • Stipulation and Order froth the School District, the City shall execute the Partial Dismissal Stipulation and Order and file the same with the Court. • • • (c) Final Dismissal With Prejudice. Within ten (10)business days following • • the date of receipt by the School District of written evidence of an unconditional approval by the Metropolitan Council and all other reviewing agencies, if any, of the City Council's approval of • • • all actions described in Section 3(a) below, the School District shall execute and deliver to the • City a Stipulation for Final Dismissal With Prejudice and Order in the form attached hereto as •• Exhibit F (the "Final Dismissal Stipulation and Order"). Promptly following receipt of the Final Dismissal Stipulation and Order from the School District, the City shall execute the Final Dismissal Stipulation and Order and file the same with the Court. . • Section 3. Amendment to Comprehensive Plan and.Zoning.Ordinance. • (a) • Amendment Procedure. Promptly following the Effective Date, the City • • shall,without further application by the School District,undertake and initiate all such actions as shall be necessary to effect an amendment of the City's existing Comprehensive Plan and zoning ordinances,to allow for the construction,operation and use of the High School Improvements on . •the Christensen Property for public school purposes, and of all Public Improvements, in accordance with the terms and provisions set forth in this Agreement. Such actions 'shall include . the following: (i) Amending the land use designation for the Christensen Property from"Urban Reserve"to"Public/Semi-Public"; and • • • (ii) Amending the zoning designation for the Christensen Property • from"Agriculture" to"R-1 (Low Density Residential)". ' • In furtherance of the foregoing,and immediately from and after the Effective Date,the following shall apply: (i) the City shall promptly schedule the foregoing actions for consideration at a • public meeting of the City Council;.and(ii)the School District shall cooperate in good faith with. the City in furtherance of the City's obligations in (i)above. . • • (b) Consequences of Failure of City Council Approval. In the event of any failure by the City.Council to approve unconditionally all actions described iii Section 3(0 above or;alternatively, to approve all such actions conditioned only upon approval by the Metropolitan Council of the action described in Section 3(a)(i) above, this Agreement shall bedeemed null and void and shall automatically terminate in all respects. 1367952-8 5 I (c) Metropolitan Council Approval. Promptly following the City.Council's . approval of all actions described in Section 3(a) above, the City shall submit all resulting • amendments to the City's existing Comprehensive Plan and zoning ordinances to the. Metropolitan Council and all other reviewing agencies, if any, for final approval. In connection- with the foregoing, the City and School District shall jointly and cooperatively and.in good faith • solicit and encourage the approval of all such'amendments by the Metropolitan Council and all - such other reviewing agencies, including without limitation efforts to obtain the cooperation of . the Metropolitan Council and all.such other reviewing agencies-to•expedite all such approval processes. The City, City Council, and members of City staff shall not, whether directly or . indirectly, engage in communications or other actions contrary to.the City's obligation herein to solicit and encourage all such approvals.Notwithstanding the foregoing,this Agreement does not - prevent any City Council member from voicing an opinion or opposing approval of the • • amendment to the Comprehensive Plan or zoning ordinances, so long as that City Council . member makes clear that he or she is voicing his or her opposition in his or her individual • capacity. Following approval 'or other action of all such amendments:by the Metropolitan Council, the City shall promptly notify the School District of such approval or other action,.and • • deliver to the School District written evidence of each such approval or other action.Inthe event • of any failure by the Metropolitan Council to approve such amendments unconditionally, this . Agreement shall be deemed null and void and shall automatically terminate in all respects. • • ' Section 4. Additional Governmental Approvals. The School District and the City - • agree that further governmental approvals (the "Additional Approvals"), in addition to those approvals described in Section 3 of this Agreement, will be necessary in connection with the • design, construction; operation and use of all proposed High School Improvements and Public Improvements. A nonexclusive list of all requirements for such Additional Approvals, to the extent known as of the date of this Agreement, is more fully set forth on Exhibit G attached hereto. With respect to all such Additional Approvals,the School District shall be responsible for preparation, submittal and compliance with all subsequent approval applications, together with any required submissions. Notwithstanding the foregoing, the City agrees, to. the extent • reasonably practicable and lawfully permissible, to cooperate in good faith with the School • . District'in the staging of all such approval processes within the jurisdiction of the City in such' - manner and order, and on such timetables, as shall enable the School District to expedite the • City's consideration of such approval applications. In furtherance of the City's preceding . . agreement, the School District shall in good faith endeavor to promptly and fully complete and . submit all such approval applications, and to take such other actions andlor.file such additional materials as shall be necessary to perfect such applications for such expedited consideration by • the City.Promptly after the Effective Date,representatives of each of the School District and the City shall meet to identify all such Additional Approvals and to discuss all applicable filing and • submittal requirements, procedures for coordinated or overlapping staging of such applications, and other opportunities for expediting the application for, and consideration by the City of, all • • . such Additional Approvals, . • • • Section 5. - Design of Public Improvements. 'The School District and the City agree that the Public Improvements shall be designed as follows: • (a) _Final Feasibility. Report. Subject to Section 5(b) below, the Final• • Feasibility Report shall incorporate the provisions of: • • 1367952-8 6 • • (i) the Draft Feasibility Report and Section 7(a)(i), below,, as they • pertain•to the design and construction of Flagstaff Avenue; •' • • (ii) the 208th-Street Alignment Plan and Section 7(a)(ii),below; • • (iii) the Water Main Improvements set forth in Section 7(b),below; and • (iv) the Draft Feasibility Report and Section 7(c), below, as they • pertain to the design and construction of the Sanitary Sewer Improvements. (b) • It is understood that the Final Feasibility report shall 'conform'in all • respects to Section 5(a) of this Agreement, except as follows: . • • (i) If the School District submits to the City a.site plan, plat,and • accompanying plat submittal documents that materially deviate from the Sketch Plan, the Draft • . - Feasibility Report (except as modified: by this Agreement), and this Agreement, the following shall apply: (A) the City shall promptly advise the School District of any necessary changes or modifications to the Public Improvements (as then contemplated and/or designed), as may be reasonably required by the City as a direct result of such site plan, plat and accompanying plat submittal documents, together with the City's reasonablecost estimates associated therewith, in - order to ensure that the Public Improvements are designed and constructed in accordance with City Standards; (B)the School District shall be permitted thereafter to withdraw, or modify and resubmit;-such site plan, plat and accompanying plat submittal documents, in collaboration with the City, as a result of-the information furnished by the City pursuant to(A) above;and•(C)to the • extent of any final site plan, plat and accompanying plat submittal documents as may be submitted by the School District,following the implementation of(A) and(B) above, and to the extent of any then remaining material deviation of such final site plan, plat'and accompanying plat submittal documents-from the Sketch Plan,the Draft Feasibility Report(except as modified • by this Agreement), and this Agreement, the City may modify the Public Improvement requirements set forth in Section 7 in order to ensure that the Public Improvements are designed and constructed in accordance with City Standards; • (ii) In the event of the discovery of•any Unforeseen Physical - Conditions,,the City may,after notification to, and comment by,the School District, modify the Public Improvement requirements set forth in Section 7 in order to accommodate the Unforeseen Physical Conditions and ensure that the Public Improvements, as so modified, are designed and constructed in accordance with City Standards; and • (iii) Cost estimates provided in the Draft Feasibility Report will be • • revised to reflect the costs of the Public Improvements, as determined after the City receives bids • • for the Public Improvements. ' ' •. • (c). Final Design Plans, The Final Design Plans shall be prepared in accordance with the Final Feasibility Report. The Final Design Plans shall not deviate from the • • Final-Feasibility Report, except as follows: (i) If the School District submits to the City a site plan, plat and - accompanying plat submittal documents that materially deviate from the Sketch Plan, the Draft 1367952-8 7 • Feasibility Report (except as modified by this Agreement), and this Agreement, the following • - ' - • -shall apply:, (A) the City shall promptly advise the School District of any necessary changes or modifications to the Public Improvements (as then contemplated and/or designed), as may be . reasonably required by the City as a direct result of such site plan, plat and.accompanying plat submittal documents, together with the City's-reasonable cost estimates associated therewith, in . order to ensure that the Public Improvements are designed and constructed in accordance with • City.Standards; (B) the School District shall be permitted thereafter to withdraw, or modify and . • . resubmit, such site plan,plat and accompanying plat submittal documents, in•collaboration with • . the City, as a result of the information furnished by the City pursuant to(A) above;and(C)to the extent of any final site plan, plat and accompanying plat submittal documents as may be submitted by the School District, following the implementation of(A) and(B) above, and to the extent of any then remaining material deviation of such final site plan, plat and accompanying • • plat submittal documents from the Sketch Plan, the Draft Feasibility Report(except as modified • by, this .Agreement), and this Agreement, the City may modify the Public Improvement • requirements set forth in Section 7 in order to ensure that the Public Improvements are designed • and constructed in accordance with City Standards; and (ii) In the event of the discovery of any Unforeseen Physical Conditions, the City may, after notification to, and comment by, the School District,modify the • • . Public Improvement requirements set forth in Section 7 in order to accommodate the Unforeseen Physical Conditions and ensure that the Public Improvements, as so modified, are designed and constructed in accordance with City Standards. • (d) School District Review and. Approval of Final Feasibility Report and Final . • Design Plans. Prior to submission to'the City Council for approval, the City shall furnish to the • School District for its review, comment and acceptance each of the Final Feasibility Report and Final Design Plans. • • Section 6. Development Contract. The School District and the City agree that, in' connection with the furnishing of all Additional Approvals,the School District and the City shall• . enter into the Development Contract vin connection with the development of the Christensen • Property and.the construction of all High School Improvements and Public Improvements. To • - the extent applicable, the Development Contract shall incoiporate the terms and provisions of this Agreement and shall require the construction of the Public Improvements to be performed according to the Final Design Plans. In the event of any conflict or inconsistency between.the Development Contract and this Agreement, the.following shall apply: (A)in the case only of any .conflicts or inconsistencies which are expressly contemplated in, and permitted by, Sections 5(b) and (c) of this Agreement to become part of the Final Feasibility Report and/or Final Design . Plans, and are thereby so incorporated into the Development Contract,the Development Contract • shall control; and(B)in all other respects,this Agreement shall control. Section 7. Public improvements Requirements. The School District and the City agree that all Public Improvements shall be limited to the following: (a) Public Streets and Avenues. • (i) Flagstaff Avenue. • ]367952-8 8 • • (A) Right of Way. The City shall acquire for purposes of the • Flagstaff Street Improvements such additional public rights of way, as reasonably deemed necessary by the City and required under the Final Design PIan, for slope easements, temporary construction easements and/or easements for.street adjustments, .stormwater drainage, or to • acco:nmodate turn lanes to serve the High School Improvements; Such acquisition by the City • will be through,if necessary, the exercise of the City's powers of eminent domain. • • • (B) Construction of Flagstaff Street Improvements. The City shall construct all Flagstaff Street Improvements in accordance with the Final Design Plan. . • (C) Flagstaff Street Improvements Costs. Subject to Section 8 below, all Flagstaff Street Improvements Costs shall be borne solely by the School-District. •, (ii). 208th Street Extension. (A) Right of Way. The alignment of the 208th Street Extension • . -shall conform in all material respects to the alignment depicted in the 208th Street Alignrrlent - Plan,with the midline'of the right of way for the 208th Street Extension, to be located along the -'northerly border of the northernmost parcel comprising a portion of the Christensen Property, all as-generally depicted in the 208th Street Alignment Plan. The entirety of the 208th Street Extension right of way shall be in-a width of not greater than 100 feet. To the extent that the 208th Street Extension right of way shall be located on the Christensen Property pursuant to this • Section 7(a)(ii)(A), the School District shall contribute to the City, at the School District's sole • 'cost and expense, an easement for such right of way, together With any slope or construction . • easements, if any, as shall be reasonably necessary;provided,-however, such contribution shall • • : be deferred until such-time as the 208th Street Improvements shall-be required to be constructed by the City in accordance with Section 7(a)(ii)(B)below (the School District-hereby agreeing in the interim, and as part of the.platting process for the Christensen Property, to plat the proposed right of way easement as an outlot for such purpose). As to all other right of way comprising a . portion of the 208-h -Street Extension right of way, together with any necessary slope or ' - , "construction-easements, the following shall apply: (1) the School District shall in good faith • .' -endeavor to negotiate and accomplish a conveyance of an easement for such right of way and. • other easements from the owner or owners thereof to the City; and (2) to the extent that the • • •• -School District is unsuccessful in securing conveyances pursuant to (1) above, the City shall . ' . acquire such public rights of way and other easements through, if necessary, the exercise of the • City's powers of eminent domain. • • • (B) Construction"of 208th Street Improvements. The City shall : construct all 208th Street Improvements in accordance with the_Final Design Plan. The specifications of the 208th Street Improvements shall conform generally to those applicable to the . Flagstaff Street Improvements (provided, however, and notwithstanding the foregoing, the following shall apply: (a)the 208th Street Improvements shall be designated a rural section with -culverts, as needed, and ditches for drainage•purposes (the construction of such culverts. and drainage ditches to be considered part of the 208th Street Improvements); and (b)no water main, sanitary sewer Or storm sewer shall be constructed within the 208th Street Extension),all as shall be more fully specified and set forth in the Final Feasibility Report. • , • '1367952-8 9 ' • • • (C) Timing of 208th Street Improvements. The. City shall • construct all 208th Street Improvements in accordance with the Final Design Plan. The School District andthe City agree that the timing of construction of the 208th Street Improvements shall be deferred until•the first to occur of the following: (1) the occurrence of all of the following:• • • (a)the date of commencement of the School District's first fall football season immediately . following the date of Final Completion of the Stadium Improvements; and (b) the date upon which the School District's student attendance at the new high school to be located on the • Christensen Property exceeds 1,750 students; or (2)the date of construction of 202nd Street • within the City of Lakeville, between Cedar Avenue and the City border, the effect of which would link 202"a Street with the 208th Street Extension. Notwithstanding the foregoing, the • School District may in the School District's discretion•petition the City,under Minnesota Statutes • • :.§ 429.031, et. seq.,to construct the 208th Street Improvements earlier than otherwise provided in • • this Section 7(a)(ii)(C). Each of the School District and the City shall in good faith cooperatively • share information relating to, the foregoing in order to collectively plan for, and effectively manage, the construction of the 208th Street Extension at such timesas shall both enable the timely construction of the 208th Street Extension in accordance with this Section 7(a)(ii)(C) and minimize the disruption of public high school operations on the Christensen Property, • • (D) Wetland Mitigation. The School District and the City agree• • that any future construction of 208th Street east of Flagstaff Avenue will involve a limited wetland impact, as generally depicted on the 208th Street Alignment Plan (the "Wetland Impact Location"). The School District shall have no obligation or responsibility with respect to construction of any portion of 208th Street east of Flagstaff Avenue; provided, however, in the event, and to the extent, of any' construction of 208th Street on or in the Wetland Impact Location, the School District agrees to mitigate *all associated wetland impacts resulting therefrom (as required.by the Minnesota Board of Water andSoilResources or other agency • with jurisdiction to determine the type and amount of required mitigation). The School District • and the City agree that such impacts are estimated to equal approximately 1.0 to 1.5 acres, with • the understanding that the actual impacts shall be finally determined after the final 208th Street road,design and related wetland delineation are completed. With regard to the extension of 208th • Street east of Flagstaff Avenue; the School District and the City agree that, as to any wetland impacts located other than on or within the Wetland Impact Location, the School District shall •.have no liability or responsibility for any required mitigation. (E) ' 208th Street Improvements Costs. Subject to Section 8 • below, all 208th Street Improvements Costs shall be borne solely by the School District. (b) Water Main Improvements, The City shall construct and install a public dead end water main from the intersection of County State Aid Highway 50 and Pilot Knob Road - 'to the Christensen Property in accordance with the following requirements: • • (i) Commencing at the intersection of County State Aid Highway 50 • 'and Pilot Knob Road and continuing west along County State Aid Highway 50 to the intersection of County State Aid Highway 50 and Flagstaff Avenue, a 16 inch water main shall be installed in the existing public right of way for County State Aid Highway 50, along the northern edge of • such right of way, as allowed by Dakota County, • 1367952-5 10 • • • (ii).. Comrnericing at the intersection of County State Aid Highway.50 and' Flagstaff Avenue and continuing north along Flagstaff Avenue to the water service . connection point to he located on the Christensen Property for purposes of serving the High School Improvements,an 18 inch water main shall be installed in the existing public right of way for Flagstaff Avenue; as determined by the City at its discretion. The School District's water service connection point on the Christensen Property shall be determined by the School District, . in consultation with the School District's architect, based upon the preferred routing for a water . service connection.to the High School Improvements. • • V (iii) . The City covenants and•agrees that it shall actively,and in good faith assist the School District in obtaining any necessary approvals from Dakota County in . • connection with the location of such water main under and across County State Aid Highway 50. • (iv) Subject to Section 8 below, all Water Main'Improvements Costs • V shall be borne solely by the School District. • V • . V V (c) Sanitary Sewer Improvements. • • (1) The City shall construct• all Sanitary Sewer Improvements in • V 'accordance with the Final Design.Plan; provided, however, promptly following the Effective .Date, the School District'and the City shall in good faith endeavor to schedule and conduct one or more meetings with the Metropolitan Council, together with such other potentially interested - parties"as the School District and/or. City reasonably deem prudent, or the Metropolitan Council • requests, for the purposes of discussing the possible inclusion of- the Sanitary Sewer Improvements into a regional sewer system agreement,including possible arrangements for cost sharing in connection with any resulting regional system. . (ii) Subject to Section 8 below, all Sanitary Sewer Improvements Costs shall be borne solely by the School District; provided, however, in the event of any agreement among the School District, the City, the Metropolitan Council and other interested parties for the development of a regional sanitary sewer system that would include the Sanitary Sewer improvements,pursuant to Section 7(c)(i) above,then the resulting cost sharing, including . - the obligations of the School District for its share thereof (including the Sanitary Sewer . . Improvements Costs), shall be in accordance with the terms of any such regional sanitary sewer , • . • system agreement. . • • Section 8. Cost Recovery. To the extent permitted under applicable law,,the City shall- seek cost recovery for infrastructure costs 'from properties benefiting from such- infrastructure facilities,and shall remit those recovered costs to the School District as follows: . " • , " (a) Flagstaff Street'Improvements. With respect 'to the construction by the - City of the Flagstaff Street Improvements pursuant to Section 7(a)(i) above,and to the extent that development of any properties outside the Christensen Property, and located within the benefit • " area (as shall be reasonably determined by the City) for such improvements, results in the construction of streets connecting directly or indirectly to Flagstaff Avenue as part of such properties' subsequent development, the City shall charge and collect such assessments, charges • . or fees as authorized or permitted by law. To the extent that the City collects such fees, the City • 1367952-8 V 11 • • shall pay over and deliver to the School District all such fees so collected-in reimbursement to the District•for that portion of the Flagstaff Street Improvements Costs that exceeds the School • • District's apportioned benefit,without interest, all in an amount not to exceed the actual Flagstaff • • Street Improvements Costs, less the.amount of the School District's apportioned benefit thereof. • The City's obligation under this Section 8(a)shall terminate 40 years from the Effective Date. • . (b) • 208th Street Improvements. With respect to the construction by the City of - • the 208th Street Improvements pursuant to Section 7(a)(ii) above, and to the extent that • . development of any properties outside the Christensen Property, and located within the benefit area (as shall be reasonably determined by the City) for such improvements, results in the construction of streets connecting directly or indirectly to 208th Street as part of such properties' subsequent development,.the City shall collect such assessments or charges as authorized or permitted by law.• To the extent that the City collects such fees, the City shall pay over and deliver to the School District all such fees so collected in reimbursement to the District for that• ' • . portion of the 2086.Street.Improvements Costs that exceeds the School District's apportioned • benefit, without interest, all in an amount not to exceed the actual 208th Street Improvements • Costs, less the amount of the School District's apportioned benefit thereof. The City's obligation under this Section 8(b) shall terminate 40 years from the date of completion'of the 208th Street Improvements. • • • (c) Water Main Improvements. With respect to the construction by the City of • the Water Main Improvernents pursuant to Section 7(b) above, and to the extent that development of any properties outside the Christensen Property, and located within the benefit area (as shall be reasonably determined by the City) for such improvements, results in the hook- - up to the Water Main Improvements, as part of such properties' subsequent development, the City shall impose trunk charges as authorized.or permitted by law. To the extent that-the City collects such fees, the City shall pay over and deliver to the School District all such 'fees so - • •'collected in reimbursement to the District for that portion of the Water Main Improvements • . • Costs that exceeds the School District's apportioned benefit, without interest, all in an amount not to exceed the actual Water Main. Improvements Costs, less the amount of the School . . District's apportioned benefit thereof. The City's'obligation under this Section 8(c) -shall - • terminate 50 years from the Effective Date. ' • (d) Sanitary Sewer Improvements. With'respect to the'construction by the• • • City of the Sanitary Sewer Improvements pursuant to Section 7(c) above, and to the extent that • development of any'properties outside the Christensen Property, and located within the benefit area(as shall be reasonably determined by the City)for such improvements,results in the hook- Up-to the Sanitary Sewer Improvements, as part of such properties' subsequent development,the . 'City shall impose trunk charges as authorized or permitted by law. To the extent that the City • • . ' • collects such fees, •the City shall pay over wide deliver to the School District all such fees so collected in reimbursement to the District for that portion of the Sanitary Sewer Improvements -. Costs that exceeds the School District's apportioned benefit, without interest, all in an amount • not to exceed the.adtual Sanitary Sewer Improvements Costs, less the amount'of the School District's apportioned benefit thereof. The Cit's obligation under this Section 8(d) shall terminate-50 years from the Effective Date. • ' • • 1367952-8• 12 • • • • • (e) Notification to School District. • • • • (i) City Council Packets. Until such time as all •of the City's • • obligations under this Section 8 shall terminate, the City_shall promptly provide to the School• District, as and when available (and in any event reasonably in advance of each applicable City Council meeting), copies of the City.Council packet for each City Council Meeting, in form and content furnished,or to be furnished,to each member of the City Council; and • • (ii) Change.Orders. Change orders with respect to the construction of any and all Public Improvements,prior to approval by the•City's engineer,will be provided to the School District's designee for review and comment. • (f) Assumption of Risk. Provided that the City in good faith seeks cost • 'recovery for the benefit of the School District in accordance with the provisions of this Section 8, . the. School District acknowledges and agrees 'that the obligations of the City hereunder are • ' otherwise limited only to amounts actually collected, and that the School District bears all risk of insufficiency with respect to amounts so collected. ` Section 9. Park Dedication. In connection with the School'District's development of •• the Christensen Property, including'without limitation the construction,operation and use of the • High 'School Improvements on the Christensen Property for public school purposes and otherwise in accordance with the terms and provisions set forth in this Agreement, which High School-Improvements shall include approximately 54 acres of recreational fields and amenities, the City agrees to.waive any and all municipal or other requirements,whether heretofore charged • or asserted or hereinafter chargeable or assertable, for dedication of parks, playgrounds, trails, wetlands, or open space, or fees.in lieu thereof, pursuant to Minnesota Statutes § 462.358, • • Subd. 2b, and Farmington City Code§ 11-4-9. Section•10. Adjacent Property Development. The School District covenants and agrees that it'will not actively seek or encourage the development of properties within the City • and adjacent to the Christensen Property in a manner inconsistent with the•City's then-existing Comprehensive Plan. The foregoing covenant shall automatically expire upon the first to occur' of the following: (i) January- 1; 2020; (ii) the occurrence of any amendment to the • Comprehensive Plan,that can be reasonably interpreted to contemplate or permit development of . any such properties;or(iii)the actual occurrence of development of any such properties, Section 11. Mutual Release. . (a) Effective as of the date of execution by the Court of the Partial Dismissal• • Stipulation and Order, each of the School District and the City hereby release and discharge each other, together with 'their respective agents, successors, predecessors, attorneys,- insurers, representatives and assigns, from any and all claims that were, or could have been, made.in Counts Five and Six of the Legal Action. . • • (b) - Effective as of the date of execution by the Court of the Final Dismissal Stipulation•and Order, each of the School District and the City hereby release and discharge each other, together with their respective .agents," successors, predecessors, attorneys, insurers, • 1367952-8 13 • . ' : , -• representatives and assigns, from any and all claims that were, or could have been,made in the • Legal Action. . (e) Notwithstanding Sections 11(a)and(b)of this Agreement,this Agreement• is meant to be, and constitutes,a compromise only of disputed claims that were presently known to the School District and that were expressly and specifically alleged in the School District's complaint in the Legal Action. The School District and the City do not, by entry into this Agreement, (a) make any admission of liability of fault, or waive any of their defense , claims, . . or right to pursue any causes) of action with respect to events occurring in the future, or.(b) intend for any waiver of claims, causes of action, demands, and damages that are presently not • •known to the parties and/or that May arise in the future in connection with any School District • • project including the project that was the subject of the Legal Action, including, but not limited •. to, any subsequent actions by the City that adversely affect any School District project including . . the project that:was the subject of the Legal Action. • . • Section 12. Committee Membership. - . (a) School District Site Selection Committee. The City shall be entitled to . designate, and shall so designate, one City official or staff member, satisfactory to the School - District, on future school site selection conunittees established by the School District from time to time. . . - (b) - City Comprehensive Plan Review Committee.The School District shall be entitled to designate, and shall so designate, one School District official or staff member, • satisfactory to the City, on future comprehensive plan review committees established by the City • - from time to time. - - Section 13. Joint Public Statement. Upon the due execution of this Agreement on . . • behalf of each of the School District and the City, the parties shall issue a joint statement in the form attached hereto as Exhibit H. . • Section 14. Miscellaneous. • • (a)' Good Faith Agreement. Each of the School District and the City have .• • ' 'entered into this Agreement in good faith, and covenant and agree in all respects to administer . and implement their respective responsibilities and obligations hereunder in good faith, and to abide by the terms of this Agreement in all respects. (b) Joint Recreational 'Facilities/Projects. In recognition of•the School District's and the City's mutual interest in, and need for, recreational'facilities to augment the School District's existing and future curricular, extracurricular and community educational needs . . • and objectives, as well as the City's existing and future community recreational.needs and ' • objectives, each of the School District and the City mutually agree to explore, as appropriate, • opportunities for joint recreational facilities and programs on both existing and future public school and municipally-owned sites and properties. (c) Traffic Management Plan. The School District agrees to submit to the • City,in conjunction with its application for a conditional use permit pursuant to Section 4 of this . 1367952-8. 14 • • • Agreement, a traffic management plan, which will describe the School District's .plan for • managing vehicular traffic to and from the Christensen Property. The plan will address matters . such as, but not limited to, the use by the School District of traffic control officers and on-site parking attendants, and will include such details as the times during which such•officers and• . ' attendants will be utilized, the qualification requirements for such officers and attendants, and procedures for periodic review of such plan. If, upon review by the City, the plan does not Meet the City's approval, the City may make reasonable modifications to the plan. The City may incorporate the traffic management plan as submitted, or as modified by the City in accordance • with this Section 14(c),as a condition to the conditional use permit. • (d) Legal Fees and Costs. Each of the School District and the City shall • separately bear its.own costs and expenses arising out of, or incurred in connection with, the Legal Action, whether directly or indirectly arising or incurred, including without limitation any • and all attorneys fees and expenses, engineering fees, consulting fees, expert witness fees, • ' together with any and all other fees and expenses incurred in mediation or settlement of the • Legal Action. ' • (e) Binding Agreement. This Agreement shall be binding on each of the School District and,the City, together with their respective successors and assigns, whether by ' way of merger,consolidation,operation of law,assignment,purchase or other acquisition. • • • (f) Commencement/Amendment. This Agreement shall commence as of the Effective Date and shall remain in effect at all times thereafter until amended. No amendment to this Agreement shall in,any event be effective unless the same shall be set forth in a writing duly authorized by the School Board and the City Council and executed on behalf of the School . District and the City. • (g) Governing Law. This Agreement shall be governed by, and construed in . accordance with,the.laws of the State of Minnesota. . • • (h) . Section Headings. The section headings in this Agreement are included herein for convenience of reference only, and shall not affect the construction or interpretation of any provision of this Agreement,• • - . • (i) Defaults/Disputes under Settlement Agreement. ' • (i) Any act or failure to act, whether legislatively or administratively, and whether direct or indirect, by either party'to this Agreement, which constitutes or results in . the nonperforniance by such party.of any covenant, condition, term or provision of this • - Agreement, shall be a default hereunder. • (ii) In the event of any dispute between the parties arising out of, or related to,this Agreement, or any default under this Agreement, the following shall apply: • • (A) Each of the superintendent for the School District and the • city administrator for the City, or their respective designees, shall promptly meet and in good faith endeavor to resolve such disputes or defaults amicably; and • • 1367952-8 15 •. • . (B) To the extent that any disputes) or defaults) remain . unresolved, in the opinion of either the School District or the City, pursuant to (i)above, such . dispute(s) shall be.venued• in Dakota County, Minnesota before the Honorable Kathryn D. • • Messerich. • • [The balance of this page has been intentionally left blank.] • • • • 136795278 16 • • • IN WITNESS WHEREOF, this Settlement Agreement has been duly executed by the parties hereto effective as of the day and year first set forth above. . INDEPENDENT SCHOOL DISTRICT NO. 192 By • • • Julie McKnight,School Board Chair By Print Name• - Acting Clerk - . • • • - . CITY OF FARMINGTON - • • • • • • By . • Kevan A. Soderberg,Mayor• • • . • By • • . Peter J.Herlofsky,City Administrator ORDER V . The foregoing Settlement Agreement is hereby approved. • • • • • • • BY THE COURT: • • • Dated: May . , 2006 - The Honorable Kathryn Davis Messerich, • • Judge of Dakota County District Court • • 1367952-8 17 ... . . _.... . . . ---• . . . • • . . • • . • • . . • ' • • • . . • dic:±7.1 t....._ILI • • . ail • \\\ . . • tA - • All;gti ) a (----H- . • • - 11 . & .) 1 n r.,,,..jc.3. .\ • - If. • -H V iL.?. • It . ... „,,,r(2rOG -2), Vi_l_Hr ---J,C). _ - - , . • ii \_);., &, . c--.:-,_-__.a..„ - • . ,,._1.10.aitTREE_Lii - , 11 1 . 11111cOa • il . . p -Li.isT_LIEE.2._ . . . . . . . • • . • • TENTATIV• II We/ Iiii,°\ E 1208TH • • • STREET 0 ALIGNMENT /. . A . • • . _____zon-Ltrago.—?ell il--N . .. --ii • • • • 11. -- ,,, ir.,7 •:_____ . . •• • . II . , . - .7 , Ii• - it\- . . , . • /A.•..Or JrIE•.- • \.•-\--..,-<>6g_______,_ __.,. . AOPFP J---MA---NA"-DT--EM-TL-RPOSATC--R--CAE- ETTT ON 1• -. —II • lr___..= • Pr--2---- EU - il . • 91 - I t • 2...1 ....,--.- _=. -•— 1 . . -----—--ir--.--c-SAI- o —."-------———— Lr - 1 - . A • • H I 1 . r- - 2 1000 2000 4 Scatis In(04 ' I , • • . . . . . • EXHIBIT A . . FARMINGTON, MN • , FLAGSTAFF AVENUE/208TH STREET . • . . DATE: MARCH 2006 . . . .. . . • • • • • EXHIBIT B • • •• Christensen Property Legal Description • • . The Southwest Quarter of the Northeast Quarter, and the Northwest Quarter of the Southeast Quarter, all in Section 27,Township 114 North,Range 20 West,Dakota County,'Minnesota. ALSO: • That part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 114 North,. Range 20 West,Dakota County,Minnesota,described as follows: • • Beginning at the northeast corner of the Southeast Quarter of said Section 27; thence South 00 degrees 19 minutes 57 seconds West, assumed bearing, along the east line of said Southeast ' • ' Quarter, 990.29 feet; thence South 89 degrees 57 minutes 18 seconds West, parallel'with the north line of said Southeast Quarter, 1320.15 feet to the west line of the Northeast Quarter of ' said Southeast Quarter; thence North 00 degrees 21 minutes 16 seconds East, along said west • line, 990.29 feet,to the northwest corner of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 57 minutes 18 seconds East, along the north line of said Northeast Quarter of the Southeast Quarter, 1319.77 feet to the point of beginning. • Containing 110.00 acres more or less. • } • • • • • • • • • • 1367952-8 • • AXIIIBIT C-1 �>1R �'-'(-----1 r- �- (1--u,__n ,, 1,____D.44,-ALL:� so ``\. 1 ~ t I lT •+ - U y{ 1U i - • • _libits, o,,...0. 1 ,1 I y'� �., A 1 1 .... .,,_ �'Y 1 1 „ir . . . ri - I 1( 1 1 1 - li_if ` aj! illi1 ' 1 1 II .J i i II IL ..1., -II - e—-—-a 0 : I I t� ti LSI, "�ri''.; -.:_a .�f�.. 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Iri 136252-5 SI%0.2 SKETCH PLAN-GRADING PLAN • mo.DLKuroup -7--r-...,...void • 0, - FARMINGTON HIGH SCHOOL .- . . • . . , . --- •--- • • .- EXHIBIT C-3 • • • 13,i.46 7-1 n ih Irlr FI .•••••. T,-., '-cam '.. ,:,,. Y iS/I l$ ��l llrft(Ilrl tir'� f.� ,i,l,r„="`:it ?- �-�-,��rt `�--+F �-�ti._Sa>< '1• ' �,2.1,;...,',..:',,g',--4'.-� I, , -���y� yI /�/�1 t yl r r r„iil .. .. _ SGC �.6Y..Ma tiZZAZ...'SG� '�'w\ '.LTs•S, E - a'='-c _�i J�r7l i+r rft�l,tikL �� V~ � fl s'/!, ���� � �L '�� ,!.....*;..„-t,?,,,,-,.:_ �✓ Ail 1 ' '.I; • • • EXHIBIT • • • V . CASE TYPE: OTHER CIVIL • • ' STATE OF MINNESOTA DISTRICT COURT • • COUNTY OP DAKOTA • FIRST JUDICIAL DISTRICT• . V Independent School District No. 192, V • Plaintiff, 'Court File NO.CO-05-9376 • • Judge Messerich • • vs. . City of Farmington, - STIPULATION FOR SUSPENSION OF • LEGAL ACTION AND ORDER Defendant, - • • • . STIPULATION• • V The above-entitled action,having been partially compromised and settled, IT IS HEREBY STIPULATED AND AGREED, by and between Independent School • District No. 192 [hereinafter"School District") and the City of Farmington[hereinafter"City"], through their respective counsel, and subject to all terms contained herein and in that Settlement Agreement,dated May �, 2006,-by and between the parties(the "Settlement Agreement"), the . terms and provisions of which are incorporated herein by this reference, that all.litigation • activities in said action-may be suspended,and all time periods within said action may be stayed, including without limitation any outstanding discovery timelines, briefing deadlines in• connection with any pending motions or applications for relief,heating dates,time periods under . ' • • V .any existing scheduling order or otherwise, subject to and in accordance with Section 2(a)of the • Settlement Agreement. . . . • IT IS FURTHER STIPULATED AND AGREED that upon the occurrence of any event • . V :described in Section 2(a)(i) or (ii) of the Settlement Agreement, and without further notice or • other action by any party, said suspension and stay shall be deemed null and void and shall • automatically terminate in all respects,provided that any time periods theretofore stayed shall be deemed automatically extended for the period of such stay. • IT IS FURTHER STIPULATED AND AGREED that upon the occurrence of such termination of said suspension and stay, legal counsel for the School District shall promptly.file withthe 'Court an affidavit attesting to the occurrence of such event(s), with a copy thereof furnished to legal counsel for the City. • • • 1367952-8 • • • • • RIDER BENNETT,LLP By Timothy J.Nolan(203671) Jeffrey D.Carpenter(15782X) • Kathy S.Kimmel(268823) Attorneys for Plaintiff Independent School. . District No. 192 33 South Sixth Street, Suite 4900 Minneapolis,MN 55402 • Dated: ,2006 612-340-8911 /612-340-8935/612-340-8982 GREENE ESPEL,P.L.L.P: • By -Clifford M. Greene(37436) • • - . Pamela L.VanderWiel(305960) ' • • Attorneys for Defendant City of Farmington • • 200 South Sixth Street,Suite 1200 • Minneapolis,MN 55402 Dated: ,2006 612-373-0830 • • • • • • 1367952-8 2 ORDER Pursuant to the foregoing Stipulation, the above-entitled action is hereby suspended and all time periods within said action are hereby stayed, subject to and. in accordance 'with Section 2(a)of the Settlement Agreement. • • • BY THE COURT: Dated: ,2006 • • The Honorable Kathryn Davis Messerich, • Judge of Dakota County District Court . • • • • • • • • • • • • • • • 13679S2-8 3 • • • • • • • • • EXHIBIT E • • • • • CASE TYPE; OTHER CIVIL • STATE OF MINNESOTA • DISTRICT COURT • ' CO1 JNTY•OF DAKOTA FIRST JUDICIAL DISTRICT. Independent School District No. 192, • • Court File No. CO-05-9376 • • • . . Plaintiff, Judge Messerich • vs. • STIPULATION FOR PARTIAL City.of Farmington, DISMISSAL WITH PREJUDICE • AND ORDER • Defendant. • STIPULATION • The above-entitled action,having been partially compromised and settled, subject to the terms of such settlement, IT IS HEREBY STIPULATED AND AGREED, by and betaveen Independent School District No. 192 [hereinafter"School District"] and the City of Farmington [hereinafter"City"], • • through their respective counsel,that Counts Five and Six of said action may be dismissed with prejudice;but without further costs to any of the parties,and subject to all terms contained herein '.and in that Settlement Agreement, dated May 2006, by and between the parties (the "Settlement Agreement"), the terns and provisions of which are incorporated herein by this reference. . • • • IT IS FURTHER STIPULATED AND AGREED that the Settlement Agreement is meant to be a compromise only of disputed claims that were presently known to the School District and that were expressly.and specifically alleged in the School District's Complaint, and that the parties hereto make no admission of liability or fault and waive none of their defenses,claims,or right to pursue any cause(s) of action with respect to events unknown to the School District and/or events occurring in the future. IT IS EXPRESSLY STIPULATED AND AGREED that the parties do not intend for any • Waiver of claims, causes of action, demands, and damages that are presently not known to the '. parties and/or that may arise in the future in connection with any School District project including the project that was the subject of the Complaint, including, but not limited to, any subsequent actions by the City that adversely affect any School District project including the • project that was the subject of the Complaint. • • 1367952-B • • IT IS FURTHER STIPULATED AND AGREED that any party, without notice to the • other,may cause judgment of dismissal with prejudice of Counts Five and Six of said action to be entered herein,subject to all terms contained herein. RIDER BENNETT,LLP . By • Timothy J.Nolan(203671). ' • Jeffrey D. Carpenter(15782X) • Kathy S.Kimmel(268823) • Attorneys for Plaintiff Independent School • District No. 192 • 33 South Sixth Street, Suite 4900 • Minneapolis,MN 55402 - • . Dated: • ,2006 612-340-8911/612-340-8935/612-340-8982 GREENE ESPEL,P.L.L.P. • • • By Clifford M.Greene(37436) • Pamela L.VanderWiel•(305960) Attorneys for Defendant City of Farmington 200 South Sixth Street, Suite 1200 • - • Minneapolis,MN 55402- Dated: ,2006 • 612-373-0830 • • • • • • • • • • • • • • • 1367952-8 2 • • • • • ORDER Pursuant to the foregoing Stipulation, Counts Five and Six of the above-entitled action are hereby dismissed with prejudice,but without cost to any party, and subject to all of the terms contained in the foregoing Stipulation and the Settlement Agreement, and judgment may be • entered accordingly. • . V . • BY THE COURT: • • Dated: ,2006 V V The Honorable Kathryn Davis Messerich, Judge of Dakota County District Court • • • • • • • • • • • • • • • • V 1367952-8 • 3 • • • • • • • EXHIBIT F •• • • • CASE TYPE: OTHER CIVIL • • STATE OF MINNESOTA DISTRICT COURT • • COUNTY OF DAKOTA . • FIRST JUDICIAL DISTRICT • • Independent School District No. 192, Court File No, C0-05-9376 Plaintiff, Judge Messerich • • • vs. . STIPULATION FOR FINAL • • City of Farmington, DISMISSAL WITH PREJUDICE AND ORDER • Defendant. • STIPULATION The above-entitled action,having been fully compromised and settled, • • . IT IS HEREBY STIPULATED AND AGREED, by and between Independent School District No. 192 [hereinafter"School District"] and the City of Farmington [hereinafter"City"], through their respective counsel, that said action may be dismissed with prejudice,but without • further costs to any of the parties, and subject to all terms contained herein and in that Settlement • Agreement, dated May- ,2006,by and between the parties (the"Settlement Agreement"),the terms and provisions of which are incorporated herein by this reference. • • IT IS FURTHER STIPULATED AND AGREED that the Settlement Agreement is meant to be a compromise only of disputed claims that were presently known to the School District and . • • that were expressly and specifically alleged in the School District's Complaint, and that the parties hereto make no admission of liability or fault and waive none of their defenses, claims,or right to pursue-any cause(s) of action with respect to events unknown to the School District • and/orevents occurring in the future. • IT IS EXPRESSLY STIPULATED AND AGREED that the parties do not intend for any waiver of claims, causes of action, demands, and damages that are presently not•known.to the parties and/or that may arise in the future in connection with any School District project including the project that was the subject of the Complaint, including, but not limited to, any . . subsequent actions by.the City that adversely affect any School District project including the project that was the subject of the Complaint. • • • • 1367952-8 • • • • • ' IT IS FURTHER STIPULATED AND AGREED that any party, without notice to the other,may cause judgment of dismissal with prejudice to be entered herein, subject to all of the terms contained in the foregoing Stipulation and the Settlement Agreement. • •RIDER BENNETT,LLP • • By • Timothy J.Nolan(203671) Jeffrey D.Carpenter(15782X) ' Kathy S.Kimmel(268823) Attorneys for Plaintiff Independent School • • District No. 192 - . 33 South Sixth Street,Suite 4900 • Minneapolis,MN 55402 Dated: • ,, 2006 612-340-8911 /612-340-8935/612-340-8982 • GREENE ESPEL,P.L.L.P.• " By • Clifford M. Greene(37436) Pamela L.VanderWiel(305960) • • " Attorneys for Defendant City of Farmington 200 South Sixth Street, Suite 1200 • Minneapolis,MN 55402 Dated: - - . ,2006 612-373-0830 - • • • • • • • • • • • • 13679'52.8 2 " • • • • • ORDER • • Pursuant to the foregoing Stipulation, the above-entitled action is hereby dismissed with • prejudice and without cost to any party and judgment may be entered accordingly, subject to all • of the terms contained in the foregoing Stipulation and the Settlement Agreement. • B'Y MB COURT: • • Dated: V 2 V • , 006 The Honorable Kathryn Davis Messerich, Judge of Dakota County District Court • • • • • • • • • 1367952-8 . 3 • EXHIBIT G Additional Approvals • • (a) A negative declaration or a positive declaration on the School District's • Environmental Assessment Worksheet, and, if necessary, a determination • of•adequacy on the School District's Environmental Impact Statement; (b) ; Site Plan approval by the City; (c) Preliminary plat approval by the City(the"Preliminary Plat"); • • (d) Final plat approval by the City(the "Final Plat"); • • (e) Issuance by the City of the City's conditional use permit; (f) .• .Issuance by the City of an early grading permit; •• (g) Issuance by the City of all necessary building permits; (h) Issuance of MCES, MPCA and NPDES permits in connection with• . . sanitary sewer extensions and interceptor connection; • (i) Any remaining actions, if any, necessary for implementation of City's prior MUSA approval for the Christensen Property; (j) Issuance:of LOU approval confirming absence of wetlands on the .Christensen Property; (k) Issuance of driveway permits in connection with high school development . . on Christensen Property; • (1) 'Waiver of applicable WAC/SAC fees until such time.as municipal utilities • are extended to the new high school facility on the Christensen Property; • (m) . W• atershed permits; - • (in) Electrical permit for High School Improvements; (o). plumbing permit for High School Improvements; • (p) Wetland alteration permits from various agencies (city, watershed ,DNR, • BSWR,COE etc.); (q) Dakota county highway permits for utility installation.within the County State Aid Highway 50 right of way; and • (r) Issuance by the City of a certificate of occupancy, together with such • • interim partial or temporary certificates of occupancy as may be necessary, • • ' I36702-8 • • • • • • • • • EXHIBIT H Joint Public Statement • The Farmington School District and the City of Farmington arc pleased to announce that. ' ' they have resolved the lawsuit brought by the School District against the City of Farmington • regarding the location, development, and construction of the School District's new high school. As part of the agreement between the parties, the City will initiate an amendment to its Comprehensive Land Use Plan and to its zoning ordinances to allow the new high school to be . constructed on the western perimeter of the city limits, on'land commonly referred to as the Christensen property. Construction of the new facility is hoped to be completed in time for the 2008-09 school year,or as soon thereafter as may bereasonably practicable. • In return for the City's accommodation of the School District's request to construct the • high school on the Christensen site, the School District has agreed to certain improvements in - order to alleviate,as much as possible, the impact of the proposed construction on the City's*land use and public infrastructure plans. The agreement includes, among other things, the • improvement of Flagstaff Avenue to enhance traffic flow and public safety, a redesign of the 208th Street right of way to benefit the community's east-west traffic corridor, extension of the • City's water and sanitary sewer systems for the" long term benefit of Farmington,. and the ' ' construction of a premier high school. The agreement reached between the City and School District has been the result of good faith collaborative discussions.between both public entities for the collective benefit of the community. The.City and School District wish to acknowledge the diligent efforts of the other • • '. 'to resolve respectfully sincere'differences of opinion and interpretation on a.large number of • complex issues relating to their respective jurisdictions. The parties recognize that this 2000- . . student high school is a unique project, and is the largest building to be constructed in Farmington in the foreseeable future. The School District gratefully acknowledges the hard decisions the City has made in considering its request to amend Fannington's Comprehensive Plan. The City and the School Board haveworked diligently with each other:and their staff,. • . consultants, and mediator to share information and to find acceptable solutions while honoring . theirstatutory and constitutional obligations for the benefit of all the citizens in their respective jurisdictions. . The settlement discussions between the parties have also been instrumental in setting the framework for the future partnership between the City and School District so that disagreements can be avoided in the future. These discussions have led the School District to a better appreciation-and understanding of the City's statutory responsibilities to formulate municipal land use policies in order to promote-the health, safety and welfare of the community. The School District understands that the City's infrastructure requirements are necessary and part of the sound and prudent provision..of safe roads, sewer, and water. Similarly,the City has reached a better appreciation and understanding of the School District's statutory responsibilities to plan for, develop and provide public school facilities commensurate with requirements imposed by the State of Minnesota and the School District's educational curriculum and long term needs.The • 1367952-8 • • • • City•and School District are confident that this mutual understanding will lead to-a long, •respectful,and productive relationship in the future. ' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1367952-8 . ' 1 t. I gip , AI � y .L , ^-'L .„. ,. ,- T axai `.."'' �+fi'�._ ....., ,.. d ;. „, fr.,. ; 0 .4, I i ;x —fib ` - •'d 4 $- t. r - . ff R 0 p t r _ - j o vi .tea - : M f s a • t 1 i p :-4401 "..' 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L ps .I i�;' fip w,,te*.:•41.1. en If 01- . 9S tt Y � 1 iiii`r . ,...,:r...„.„::4 ._S—_. � rlee�iilp!1 h r � , iliilali„A 1.4 i t I e II, I �. .�f .� y.; S, h }fit r`i. f / i 1 ,Y ; h'` 1 • ...-..-. � ___—L — • .1, r'.---1 « 353_ r I i Lc'.. . .«.«+... �« ae_ vrr:a- . _.. , - '..4yf:_, —_mom Flagstaff Avenue Road Area _ Sanitary Area Watermain Area nakola County GIS its drawing is neither a legally recorded map nor a survey and is not intended to be used as one.This drawing is a compilation of records, information,and data located in various city,county,and state offices and other sources and is to be used for reference purposes only. The city of Farmington is not responsible for any inaccuracies herein contained. AMENDMENT TO SETTLEMENT AGREEMENT THIS AMENDMENT TO SETTLEMENT AGREEMENT ("Amendment") is made and entered into this day of , 2018, by and between INDEPENDENT SCHOOL DISTRICT NO. 192,an independent school district under the laws of the State of Minnesota ("School District") and the CITY OF FARMINGTON, a municipal corporation under the laws of the State of Minnesota ("City"). WHEREAS, in May 2006, the School District and City entered into a Settlement Agreement ("Agreement"),resolving all claims in the action entitled Independent School District No. 192 v. City of Farmington, Case No. CO-05-9376 (Dakota County District Court), regarding the construction of a new high school located along Flagstaff Avenue and related public infrastructure improvements to serve the new school and other properties in the area,including the eventual east-west extension of 208th Street between Flagstaff Avenue and the City of Lakeville border ("Extension"); WHEREAS,pursuant to paragraph 14(f) of the Agreement, an amendment may be made if set forth in writing duly authorized by the School Board and the City Council and executed on behalf of the School District and the City; WHEREAS, the School District and City desire to amend the Agreement to modify the obligations of the School District and City regarding the Extension; NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 7 (a) (ii), 208th Street Extension, shall be amended to obligate the City to be responsible for the cost of all items relating to the Extension,including any acquisition of right of way other than that located on School District property. The extension of 208th Street shall conform in all material aspects to the alignment across the north side of the School District property as defined in the Flagstaff Avenue Utility & Street Improvement Study, Figure E-1 dated November 2006 and which the School District dedicated fifty feet of right-of-way to accommodate. 2. Section 8, Cost Recovery, shall be amended to release the City, as of the date this Amendment becomes effective, from any further obligation to the School District to seek cost recovery for previous infrastructure improvement costs, or the costs of the Extension, and further to release the City from any further obligations under such section to provide cost recovery or reimbursement to the School District for costs previously incurred under the Agreement by the School District. 3. The City and School District acknowledge that the November 2006 study only addressed general alignment of the Extension and did not define road cross sections, access locations and related design elements. The City will determine the final location and design of the 196698v I Extension in consultation with the City of Lakeville and the School District. The School District shall grant the City any additional right-of-way or easement from.existing School District owned property necessary for the City to construct the road extension. 3. Except as amended herein,the Agreement shall remain in full force and effect,until such time as the Extension is completed. Upon completion of the Extension,the Agreement and this Amendment shall terminate. IN WITNESS WHEREOF, the School District and the City have executed this Amendment to Settlement Agreement as of the day and year first above written. INDEPENDENT SCHOOL DISTRICT NO. 192 By: [name] Its School Board Chair By: [name] Its Acting Clerk CITY OF FARMINGTON By: [name] Its Mayor By: [name] Its City Administrator 196698v1 2 y4�icAR�li� City of Farmington p 430 Third Street • Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 \R. .A +* www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Katy Gehler SUBJECT: Dakota County Principal Arterial Study DATE: October 1, 2018 INTRODUCTION Over the last year, Dakota County has been analyzing its transportation Principal Arterial(PA)needs. Principal Arterials are the main travel routes that carry the most traffic in an area, often at high speeds and over long distances. These roads include interstates or major highways, but they can also be two-lane highways, especially in rural and developing areas. The PA network in Dakota County is well established in the north. However; south of Hwy. 42 and east of Interstate 35, the PA network may be incomplete. In completing the study, Dakota County invited and encouraged participation from a full range of relevant partners, specifically: • MnDOT • Metropolitan Council • Dakota County • Scott County • Cities of Apple Valley, Eagan, Farmington, Inver Grove Heights, Lakeville, and Rosemount • Representatives of the county's 13 townships and rural centers Representatives of these agencies participated in periodic Study Management Team(SMT)meetings. The same agencies, as well as other invited stakeholders, were also involved in a series of four subarea outreach meetings, held from late November 2017 into January 2018. The study is now complete and the County is seeking a resolution from each affected city supporting the recommendations of the study. The county intends to consider adoption of the study at their Oct. 16, 2018 Physical Development Committee meeting. DISCUSSION The Study's primary objectives were to evaluate how the included highway segments are used and the features they exhibit compared with Principal Arterial highway characteristics. Other objectives included documenting context for the highways and providing guidance to help Dakota County and its partners plan for both regional and local highway system priorities. In Farmington the segments included existing and future segments of CR70 and State Highway 50 along with Trunk Highway 3. The intent of the study was not to identify corridors that require major infrastructure investment or to prioritize improvement needs, but to identify corridors that will be required to provide a PA function for the public either now or in the future. This will allow Dakota County, MnDOT, and the cities to plan for and manage the corridors and supporting road network over time and make appropriate investment to support the PA function at the time they are needed. Importantly, the Study does not complete a formal decision-making process for designation of new PA highway segments. But it does provide supporting data and guidance on next steps, including identification of a few segments proposed for near-term PA designation (in the coming months or few years). The Study may also serve as a reference for future discussions of highway jurisdictional roles —county vs. state highways. The final study has been attached minus the appendix due to the large file size (available in the City Engineer's office). The Executive Summary provides a good review of the study's objectives and conclusions. Section four of the full study details the recommended next steps. Of particular note to Farmington, the study identifies additional planning needs along future connection corridors (i.e. CH 70 extension) and existing corridors with constrained rights-of-way (i.e. CR 74). The county seeks partnership in reflecting the results of this study in our local plans and supporting access management and right-of-way goals along the future PA routes. BUDGET IMPACT None ACTION REQUESTED Ask any questions you may have and if the city council is comfortable, a motion should be made to adopt the attached resolution supporting the recommendations of the Principal Arterial Study and adoption by Dakota County. ATTACHMENTS: Type Description D Resolution Resolution © Backup Material Dakota County PA Study Executive Summary D Backup Material Dakota County PA Study Final Report RESOLUTION NO. R4 0-18 SUPPORTTING THE ADOPTION OF THE DAKOTA COUNTY PRINCIPAL ARTERIAL STUDY 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 1st day of October, 2018 at 7:00 p.m. Members Present: Larson, Bernhj elm, Craig Members Absent: Bartholomay, Donnelly Member Bernhj elm and Member Craig introduced and seconded the following: WHEREAS, A well balanced transportation network supports the movement of people and goods on a local, regional and state level; and WHEREAS, The Dakota County transportation network is built around a framework of principal arterials which carry the majority of vehicle trips; and WHEREAS, Adequately planning for the principal arterial corridors is key to achieving functionality of the network in providing time-efficient and safe travel over long distances for motorists; and WHEREAS, Dakota County has completed a study working in collaboration with cities and townships in the county, including Farmington, MnDOT Scott County and the Metropolitan Council that identifies future principal arterial routes. NOW, THEREFORE, BE IT RESOLVED that after due consideration, the Mayor and City Council of the city of Farmington, Minnesota, hereby supports the study recommendations and Dakota County in adoption of the Principal Arterial Study dated June 2018. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of October 2018. Mayor Attested to the / day of October 2018. dminis a or SEAL FINAL REPORT Executive Summary The transportation system of Dakota County, Minnesota, is built around a framework of Principal Arterial (PA) highways, which are well established to the north—for example, the major river crossings (1-35W, 1-35E, 1-494, US 52, US 61, MN 77, and MN 55). However, possible gaps in the PA system are apparent to the south and east. Figure ES-1 illustrates this, showing which highways are existing principal arterials (red lines) with relative 2015 daily traffic volumes on all highways (line weights). Designated PA highways include freeways and other highways planned and managed to provide time- efficient and safe travel over long distances for many motorists. These "backbone" highways emphasize mobility over access. PA highways help connect the region with the other areas in the state, carry the major portion of trips to/from activity centers, and serve the majority of through movements. The Dakota County PA Study focused on planning for selected highways, all of which The Study focused on planning for selected are not freeways and are not intended to highways, all of which are not freeways and are not become freeways in the future. The key intended to become freeways in the future. The outcomes are priorities for near-term Study provides priorities and recommendations for designation of new PA segments and future principal arterial(PA)highways. identification of other segments as recommended future PA highways. Need for the Study Dakota County Growth and Principal Arterial Spacing Dakota County's highway system has been established to follow the area's growth and development, which continues. US Census data and State Demographer forecasts indicate the County gained 42,648 residents from 2000 to 2010 (a 12 percent increase).The County's population, at 398,552 persons in 2010, is expected to exceed 500,000 persons by 2035. Technical guidance for spacing of PA highways encourages a network spaced logically within the region: • 2-6 miles apart in developed suburban growth areas • 6-12 miles apart in rural areas With reference to Figure ES-1, Dakota County's existing system includes no east-west PA highways south of County Highway (CH) 42, a distance of about 20 miles. Similarly, the gaps between north-south PAs include 15-20 miles from 1-35 to US 52 and about 10 miles from US 52 to MN 316. The PA Study looked at the importance of selected highways based on their potential to fit applicable guidance; specifically: • County Highway 63 (Argenta Trail) • County Highway 23 (Cedar Ave.) • MN Highway 3 • County Highway 70 • MN Highway 149 • MN Highway 50 • County Highway 28 (Yankee Doodle Rd.) • County Highway 86 June 2018 Page ES-1 Principal Arterial Study Intentionally Blank (This PDF is set up for 2-sided printing with blank pages inserted where appropriate.) ..,, "rr�'"INI��e�im11i1�i iii 1 iiimmt �� � "�` i Le end e awit,,,,et .„,,,,, 11,,.....,,,,„4,4,;,�� �t ,NI 1 8 fin Existing Arterial Roads Planned Roads ,��y��� t '/�� Principal Arterial Planned Roads I"I'P `� 13 /w Minor Arterial III- N ; �th_ I �' 2015 AADT wwwil��4 ' 4I �® <5000 Study Corridor 1 5000-10000 i r -�_ �� T•tigi.®1` 1 � Park Nil01111011111M110 �11 *.�.. 10000-20000, UMore Park r� �EE"iii� , 494 , 156 1 _ 20000-30000 �t �� A 17 ►. , , 1 '_ 30000+ ## Spacing(Miles) apir _ 63__,24 ill cis , ,43�` 1 �,,.0 5 ® I55,, 1 Miles r ��g �� Source:Met Council,Mn Geo,Dakota Coon MnDOT Al Opp r IS _ 00, 7.1 7rii7' LIT4 MP ,,,3 w___, - . 3 , /Wisconsin 11 ;10 �.��' ��—/�� r\ /� 38 35W wall” "•4t.77 I ®e�3 � 73 5S'. \ )lhopw II, y 1 55 '••••••‘ l ' w fl■ .42 1 4 � ' �� UMq'rePark, P + . . lair 1 46 n.e. ; I 9 'mg — 316' 1 7j I ��y, fir IS 68 I r I 1 70�! m 50 +,, I = + 50' f FINAL REPORT These corridors, highlighted on Figure ES-1, were identified by Dakota County as the best candidates for future PA designation. All of them exhibit good north-south or east-west continuity and provide connections to important destinations. A one-mile segment of CH 28 (Yankee Doodle Road) was also identified as a possible connection in a future PA system based on its links to CH 63 and MN 149. Study Objectives The Study's primary objectives were to evaluate how the above-noted highways are used and the features they exhibit compared with PA highway characteristics. Other objectives included documenting context for the highways and providing guidance to help Dakota County and its partners plan for both regional and local highway system priorities. The intent of the study was not to identify corridors that require major infrastructure investment or to prioritize improvement needs, but to identify corridors that will be required to provide a PA function for the public either now or in the future. This will allow Dakota County, MnDOT, and the cities to plan for and manage the corridors and supporting road network over time and make appropriate investment to support the PA function at the time they are needed. Importantly, the Study does not complete a formal decision-making process for designation of new PA highway segments. But it does provide supporting data and guidance on next steps, including identification of a few segments proposed for near-term PA designation (in the coming months or few years). The Study may also serve as a reference for future discussions of highway jurisdictional roles— county vs. state highways. The Study does not complete a formal decision- While setting priorities for highway system making process for designation of new PA highway funding was also not a primary objective, ( designated PA highways have greater segments. But it does identify a few segments i potential for National Highway System (NHS) proposed for near-term PA designation (in the coming months or years). preservation funding and for other federal i, and state funding programs. Study Scope, Process, and Partners All highways addressed in the Study provide continuity over long distances, serving many trips, commuters, and population or employment destinations. Initially, dozens of parameters were considered based on FHWA, MnDOT, Metropolitan Council, and Dakota County guidance. But certain characteristics were found to be most relevant in building the Study's technical framework: • Decision characteristics: Does the highway function like a PA? Decision characteristics concern the suitability of corridors to be future PA highways. The key decision characteristics included system spacing, traffic volumes, system connectivity, capacity role in system, and role in carrying freight. • Timing characteristics: Is the highway ready to be a PA?Timing characteristics are those affecting the "readiness" of the corridor and often provide a basis for additional corridor planning.The key timing characteristics included access spacing, posted speed, high-capacity intersections, transit (in urban areas), right-of-way, and absence of parking. Page ES 2c76:6444--A,-4June 2018 Principal Arterial Study FINAL REPORT Dakota County invited and encouraged participation from a full range of relevant partners, specifically: • MnDOT • Cities of Apple Valley, Eagan, Farmington, Inver Grove Heights, • Metropolitan Council Lakeville, and Rosemount • Dakota County • Representatives of the County's 13 townships and rural centers • Scott County (under 5,000 residents each) Representatives of these agencies participated in periodic Study Management Team (SMT) meetings. The same agencies, as well as other invited stakeholders, were also involved in a series of four subarea outreach meetings, which were held from late November 2017 into January 2018. Study Results and Conclusions/Recommendations Figure ES-2 presents the PA Study's overall conclusions and recommendations. The information below briefly notes how Study conclusions and recommendations were reached, including consideration of input from outreach meetings. More details are provided in the full Final Report A. North Subarea—Eagan, Inver Grove Heights,and Rosemount MN 149, CH 63, CH 28, and MN 3 This is a developed urban part of Dakota County and exhibits some of the highest traffic volumes observed on PA Study highways. Discussions of this area noted close spacing between MN 149, CH 63 (a planned new connection to 1-494), and close spacing for MN 3 to the north and constraints from development on MN 3 in downtown Rosemount. Considering these and other unique characteristics, a one-mile segment of CH 28 connecting CH 63 and MN 149 was added to the Study. Conclusions. Because of close spacing and roles in serving future traffic, the northern-most segments of MN 149 and MN 3 are not recommended as future PA highways. All other segments in the North Subarea are recommended as future PA highway routes, but not for near-term designation. CH 63 is noteworthy in the Study as a special case because it is a planned, partially completed, new corridor with right-of-way reserved for a future access-managed arterial connecting to 1-494. West Subarea —Apple Valley and Lakeville CH 23 and CH 70 Like the North,the West Subarea is mostly developed and exhibits some of the highest traffic volumes observed on PA Study highways. Discussions for this area focused on the current and future roles of CH 23 (north-south) and CH 70 (east-west), including the proposed future eastward extension of CH 70 to Farmington and to MN 50 and US 61 (see more below in the East Subarea section). Conclusions. The Study found that CH 23 and CH 70 exhibit regional importance now and in the future; additionally, these links have available rights-of-way, good access spacing/management, and high posted speeds. The two segments, which connect to each other and to 1-35 on the west, are recommended for near-term designation as PA highways (Figure ES-2). In the coming months or few years, Dakota County will work with the two cities, as well as the Metropolitan Council and MnDOT, to officially determine a functional classification change. The one other segment in the West Subarea (CH 70 west of 1-35) is recommended as a future PA highway route, but not for near-term designation. June 2018 Page ES-3 Principal Arterial Study Intentionally Blank 4%. LA siiiiirin ,�- ai� ,�j /��� Legend F- .i eimmom .14�•'� `---�` v,' ��\'. 0 Segm0 ent Terminous 11 ;11 55 11111-14itt, i.:41 — Study Corridor_ _��1- \ � , lest ' 494 . . • Study Corridor Future Connection 1 �iiya lei sr. – –� County Boundary 52 Mts' t southIF - • Scott Co. Future PA I iiI 62' IPii ��•7L� sunfisn__x, st.Paul ► Principal Arterial Lake ` — Mendota / 63* • Minor Arterial Heights ��-111111111yirik '--;494— , it• • h -` City/Township Boundary rA�1i ' '• 3 \,1 23A Segment Label 149 551 Inver-Grove p, � 149. ik HeightsEll „Awl" a l®I Eagan • 3Asigiti . 41111111111111111111111 lig p • Burnsville 111 3B Nininger Aple Twp, �", Valpley Rosemount hillilll' 1 al i li __,...,*:• • 55 ., Hastings � r � "Coates ,� 1113 , ' f. s a 316 Ravenna i 23A Empire ® Vermillion Twp. 2S; 3C Twp. a ® rm1 ' Lakeville MTspan Farmington Vermillion ;v a Twp. M 7OA I 7OB ...,., Hampton 7OC* 5OA i New Trier Miesville 3 Castle Rock Hampton g Eureka Twp. Twp. 50B/61 mi Twp. 23B 3D Douglas r Twp. ..! ._ '4• '_ -. -' • 86 .� • -- 1 ".._.–.�j Randolph 86A 86B 86C 4 Twp. Greenvale 3E Randolph tr.'. Sciota 1 Subareas 23C .Waterford Twp. +0 /Twpp an North '144 – – ! • West 23D* 191 Northfield East ( * Future Connection South I Principal Arterial Study Corridor Segments and Subareas Figure ES-2 0 5 Miles QBOLTON dr MENK Source MnDOT,Dakota Co,Met Council Map Document \\areserverl\GIS\DACO\T44114295\ESRI\Maps\Overy ew_Regional\OverviewSubareaKeyEngagement.mxd I Date Saved.2/6/2018 12:23:54 PM FINAL REPORT East Subarea — Farmington, Hampton, and Rural Townships to East CH 70 (Future Connection), MN 3, MN 50, and US 61 The East Subarea has important connections to the North and West Subareas via MN 3 and the future connection to CH 70.Transitional land use is an important characteristic, with both urban and rural areas observed. As noted for the West Subarea above, the future regional importance of the CH 70— CH 50- MN 50- US 61 corridor is also a consideration to the east. The Study noted the need to manage highway access and mobility through the small but growing communities to the east—Hampton, New Trier, and Miesville. Conclusions. The East Subarea's highway segments reflect PA characteristics and all are recommended as future PA highway routes, but not for near-term designation. As noted for both the West and East Subareas, the regional importance of this multi jurisdictional corridor for future mobility, and planning for future demands, should be considered in future studies. ...._..._._......._..._.......... South Subarea—Southern Lakeville/Farmington and Rural Townships to South CH 23, MN 3,and CH 86 The South Subarea is rural, but includes future growth areas. With few local traffic generators, the highways in the South are often used for through trips and provide important connections to jobs and commerce. The system issues for this subarea include connectivity to the north, to 1-35, to Northfield, and to Rochester via US 52, an existing PA. Discussions of this subarea noted that CH 86 has some limited rights-of-way and no interchange with 1-35. The close spacing of parallel segments of MN 3 and CH 23 was also noted. Conclusions. The segments in the South Subarea typically fit the characteristics of PA highways. However, the spacing is close between the southern-most portions of CH 23 and MN 3, and relative importance in connecting to Northfield is an issue as noted above. Therefore, MN 3 is recommended as a future PA segment connecting to Northfield; CH 23 south of CH 86 is not recommended as a future PA. All other segments of CH 23, MN 3, and CH 86 are recommended as future PA highway routes, but not for near-term designation based on timing/readiness issues. Next Steps 2018 2o18toabout 2o3o The Dakota County PA Study concludes with the above-noted conclusions and Conclude the PA Study Update Results as Needed recommendations, including the VIF proposed near-term official designation Include results in Dakota County's Reflect the Study in related regional, of CH 70 east of 1-35 and CH 23 north of 2040 Transportation Plan county,and local transportation plans Continue planning for Dakota Manage the County's CH 70 as PA highways (West Subarea). County highways and highways and local growth Figure ES-3 summarizes next steps, communities;resolve proposed through proactive planning which will include noting near-term PA designations and design recommendations in the County's 2040 FIGURE ES-3.SUMMARY OF NEXT STEPS Transportation Plan. The proposed near- term designations will be formally addressed in the coming months or years with the Metropolitan Council and MnDOT.This Study's results, which include several recommendations to manage all of the recommended future PA highways, will be updated periodically and reflected in transportation plans. Page ES-4 June 2018 Principal Arterial Study Dakota County Principal Arterial Study IlL r,. 1, A , u y -!!Mr:.mrimis ift.ttiii1 494 II ��r,r�,� -,11: 00.11111,35 - ILIk7 AI ' 494 ■. Description 1�� °��%1 5►!j ,iii. This Final Report provides an #4`j�1111 !9 �1,‘/� viii.Executive Summar technical �'"� 'h3it� 6 Y, �� /ria_,ass IIN N ,0�1 background information, and Iiiiiiiilri" / 3s •cant--44�4s �; , the results of the Study.The mmeo�"' J1�' ��� Study focused on planning and I8 zl���' r ��...11 Lamm Jr11i%ast%al �` asting �. visioning for selected Dakota �rn County highways, all of which lipit:11111111vs !fa AMRss' to I Dakot. County are not freewaysand are not sis IS jr intended to become freeways s 113 �'11, 3 in the future.The main 111110511 0 so, outcomes are priorities for _ Ill near-term designation of �h .u. alli Red Wing selected segments as new 'Ill' hi .! lir Principal Arterial (PA) 861111111 1Falls highways, as guidance for .191IIiiUnn 'Northfield long-term planning.The Study r Good h lie County also provides guidance for ,� I v next steps and serves as a Rice runty reference for highway system m project priorities and cost participation. $a Fairbault S- \ \ - Final Report .10 , June 2018 kj .zi�w.ti .„rxa x fir, -y Prepared for: >4*14 '. Dakota County COUNTY jV� BOLTON Prepared by: & MEN K Bolton & Menk, Inc. Real People.Real Solutions. , At4+1 COU N T Y Principal Arterial Study ACKNOWLEDGEMENTS Project Managers Brian Sorenson Scott Peters Assistant County Engineer Senior Planner Dakota County Dakota County brian.sorenson@co.dakota.mn.us scott.peters@co.dakota.mn.us (952)891-7122 (952) 891-7027 Study Management Team The following local and regional partners participated in periodic Study Management Team (SMT) meetings as well as a series of four subarea outreach meetings, held from summer 2017 through spring 2018. • Matt Saam, City of Apple Valley • Russ Matthys, City of Eagan • Katy Gehler, City of Farmington • Scott Thureen, City of Inver Grove Heights • Zach Johnson, City of Lakeville • Brian Erickson, City of Rosemount • Kyle Klatt, City of Rosemount • Terry Holmes, Empire Township • Jim Sipe, Hampton Township • Jeff Reed, Douglas Township • Jane Kansier, Dakota County Townships Collaborative • Angie Stenson, Scott County • Lisa Freese Scott County • Steve Peterson, Metropolitan Council • David Burns, Metropolitan Council • Rachel Wiken, Metropolitan Council • Michael Corbett, MnDOT • Jon Solberg, MnDOT Consultant Support Technical support and staffing to complete the study, under contract with Dakota County, Minnesota, was led by Bolton & Menk, Inc. Note:This document(PDF file) is set up for 2-sided printing with blank pages inserted where appropriate. Dakota County Principal Arterial Study Final Report Prepared by Bolton & Menk, Inc. Contents Executive Summary 1 Introduction and Need for Study 1 1.1 Dakota County Growth and Principal Arterial Spacing 1 1.2 Study Objectives 2 2 Study Scope and Process 3 2.1 Principal Arterial Characteristics 3 2.1.1 Review of Applicable Guidance—PA Characteristics 4 2.1.2 Key PA Characteristics Used for the Study 4 2.1.3 Additional Characteristics Observed for Dakota County Highways 4 2.2 Input from Regional and Local Partners 6 2.3 Study Segments and Dakota County Subareas 7 3 Study Analysis and Results by Subarea 7 3.1 North Subarea 7 3.1.1 Observations and Input Received 7 3.1.2 Conclusions and Recommendations for the North Subarea 8 3.2 West Subarea 8 3.2.1 Observations and Input Received 8 3.2.2 Conclusions and Recommendations for the West Subarea 9 3.2.3 West Subarea Functional Class Change Recommendation and Process 9 3.3 East Subarea 10 3.3.1 Observations and Input Received 10 3.3.2 Conclusions and Recommendations for the East Subarea 11 3.4 South Subarea 11 3.4.1 Observations and Input Received 11 3.4.2 Conclusions and Recommendations for the South Subarea 12 4 Study Conclusions and Next Steps 12 4.1 Near-Term PA Segment Designations 12 4.2 Management of Future PA Highways; Benefits 13 4.2.1 Arterial Access Management, Local Planning,and PA Cost Participation 13 4.2.2 Arterial Access Management in Growing Communities 14 4.2.3 Study Benefits for Regional and Local Planning 15 4.2.4 Review of Dakota County's Next Steps 16 June 2018 Page i FINAL REPORT Tables (on or following page reference) Page Reference Table 1 Characteristics to Consider for Future Principal Arterial Designation 5 Table 2 Framework for Analysis of Highway Segments 6 Table 3 Subarea and Segment Analysis Summary by Principal Arterial Key Characteristics 7 Figures (on or following page reference) Page Reference Figure ES-1 Arterial System &Corridor Volumes ES-2 Figure ES-2 Study Conclusions& Recommendations ES-3 Figure ES-3 Summary of Next Steps ES-4 Figure 1 2010-2040 Household Growth 1 Figure 2 Study Corridors and Area Highway System 2 Figure 3 Arterial System and Corridor Volumes 2 Figure 4 Existing Principal Arterials, Study Corridors, and System Spacing 2 Figure 5 Freight Network Overview 4 Figure 6 Corridor Segments and Subareas 7 Figure 7 Study Conclusions and Recommendations 7 Figure 8 Summary of Next Steps 13 Figure 9 Current Cost Participation Policy and Local Share 14 Figure 10 Example of Arterial Access Management Progression 15 Appendix A. Highway Segment Data and Detailed Maps (see index on the appendix cover page) List of Acronyms AADT Annual Average Daily Traffic CH County Highway FHWA Federal Highway Administration HCM Highway Capacity Manual MN Minnesota Highway MnDOT Minnesota Department of Transportation PA Principal Arterial SMT Study Management Team TPP Transportation Policy Plan US US Highway VMT Vehicle Miles Traveled Page ii June 2018 FINAL REPORT Executive Summary The transportation system of Dakota County, Minnesota, is built around a framework of Principal Arterial (PA) highways, which are well established to the north—for example, the major river crossings (I-35W, 1-35E, 1-494, US 52, US 61, MN 77, and MN 55). However, possible gaps in the PA system are apparent to the south and east. Figure ES-1 illustrates this, showing which highways are existing principal arterials (red lines) with relative 2015 daily traffic volumes on all highways (line weights). Designated PA highways include freeways and other highways planned and managed to provide time- efficient and safe travel over long distances for many motorists. These "backbone" highways emphasize mobility over access. PA highways help connect the region with the other areas in the state, carry the major portion of trips to/from activity centers, and serve the majority of through movements. The Dakota County PA Study focused on planning for selected highways, all of which The Study focused on planning for selected are not freeways and are not intended to highways, all of which are not freeways and are not become freeways in the future. The key intended to become freeways in the future. The outcomes are priorities for near-term Study provides priorities and recommendations for designation of new PA segments and future principal arterial(PA)highways. identification of other segments as recommended future PA highways. Need for the Study Dakota County Growth and Principal Arterial Spacing Dakota County's highway system has been established to follow the area's growth and development, which continues. US Census data and State Demographer forecasts indicate the County gained 42,648 residents from 2000 to 2010 (a 12 percent increase). The County's population, at 398,552 persons in 2010, is expected to exceed 500,000 persons by 2035. Technical guidance for spacing of PA highways encourages a network spaced logically within the region: • 2-6 miles apart in developed suburban growth areas • 6-12 miles apart in rural areas With reference to Figure ES-1, Dakota County's existing system includes no east-west PA highways south of County Highway (CH) 42, a distance of about 20 miles. Similarly, the gaps between north-south PAs include 15-20 miles from 1-35 to US 52 and about 10 miles from US 52 to MN 316.The PA Study looked at the importance of selected highways based on their potential to fit applicable guidance; specifically: • County Highway 63 (Argenta Trail) • County Highway 23 (Cedar Ave.) • MN Highway 3 • County Highway 70 • MN Highway 149 • MN Highway 50 • County Highway 28 (Yankee Doodle Rd.) • County Highway 86 June 2018 (76a ;'t"` Page ES-1 Principal Arterial Study Intentionally Blank (This PDF is set up for 2-sided printing with blank pages inserted where appropriate.) „-r`7.&:HI�����11h1®> ' MA ` i� ` +�„+ Legend e IM.....•.1111111111141111111111111111 �, ��=��t��4�,, o II, Existing Arterial Roads Planned Roads l;��s�I rn i c ��y '^— �(�I Principal Arterial Planned Roads viii iiiiiik Ir ,, 3 Minor Arterial IIIA X `m . ,\_ + has' 2015 AADT qkL70�08111 1ill � <5000 1111111111 l. L k `�aI 5000-10000 Study Corridor II "71101 Park �' � � _, 10000-20000 l `' UMore Park ���'� _ a9a 20000-30000 t56 1aiiw , �` 63, 24ilt 30000+ Spacing(Miles) i'Y rfl1oMiles � � 13' ®, 0, `Ly I/ \ Source:Met Council Mn Geo Dakota Coun MnDOT � ��.3 71 / l 1/ _30' 1 t' in .i i* , / i V, vl _ ''3 , sir1\ ` Wisconsin ,0 f p ., .... ,, ®l ' - 38 73 -71 r b 77 'I 1 f1•■ -4? SSi IVIM :lin MIL UMpie Park — �� kik 46. 1 ® � �g 31 i ® 316, 3 Ilivii ill 66 ., to 47 68- I I II 70�� 50 I I 1 _ _ + 50 23 50' I I r 20 A I Scott 86I Rice lai\1� .. I -' _, I 47 I I I I N\.__ I _ m I 4 . I di vin U I8 1 I 1 Principal Arterial Study Principal Arterial Corridor Volumes Figure ES-1 ,:-‘a,--7.,r-4 0 5 QBOLTON Miles &MENK Source.MnDOT,Dakota Co,Met.Council Map Document:\\metrosouthl\gis\DACO1T44114295\ESRI\Maps\Overview_Regional\Overview_Volume_85x11P.mxd I Date Saved 9/19/2017 10:55:42AM FINAL REPORT These corridors, highlighted on Figure ES-1, were identified by Dakota County as the best candidates for future PA designation. All of them exhibit good north-south or east-west continuity and provide connections to important destinations. A one-mile segment of CH 28 (Yankee Doodle Road) was also identified as a possible connection in a future PA system based on its links to CH 63 and MN 149. Study Objectives The Study's primary objectives were to evaluate how the above-noted highways are used and the features they exhibit compared with PA highway characteristics. Other objectives included documenting context for the highways and providing guidance to help Dakota County and its partners plan for both regional and local highway system priorities. The intent of the study was not to identify corridors that require major infrastructure investment or to prioritize improvement needs, but to identify corridors that will be required to provide a PA function for the public either now or in the future. This will allow Dakota County, MnDOT, and the cities to plan for and manage the corridors and supporting road network over time and make appropriate investment to support the PA function at the time they are needed. Importantly, the Study does not complete a formal decision-making process for designation of new PA highway segments. But it does provide supporting data and guidance on next steps, including identification of a few segments proposed for near-term PA designation (in the coming months or few years). The Study may also serve as a reference for future discussions of highway jurisdictional roles— county vs. state highways. The Study does not complete a formal decision- While setting priorities for highway system making process for designation of new PA highway funding was also not a primary objective, segments. But it does identify a few segments designated PA highways have greater proposed for near-term PA designation (in the potential for National Highway System (NHS) preservation funding and for other federal coming months or years). and state funding programs. Study Scope, Process, and Partners All highways addressed in the Study provide continuity over long distances, serving many trips, commuters, and population or employment destinations. Initially, dozens of parameters were considered based on FHWA, MnDOT, Metropolitan Council, and Dakota County guidance. But certain characteristics were found to be most relevant in building the Study's technical framework: • Decision characteristics: Does the highway function like a PA? Decision characteristics concern the suitability of corridors to be future PA highways. The key decision characteristics included system spacing, traffic volumes, system connectivity, capacity role in system, and role in carrying freight. • Timing characteristics: Is the highway ready to be a PA?Timing characteristics are those affecting the "readiness" of the corridor and often provide a basis for additional corridor planning. The key timing characteristics included access spacing, posted speed, high-capacity intersections, transit (in urban areas), right-of-way, and absence of parking. Page ES-2 C June 2018 Principal Arterial Study FINAL REPORT Dakota County invited and encouraged participation from a full range of relevant partners, specifically: • MnDOT • Cities of Apple Valley, Eagan, Farmington, Inver Grove Heights, • Metropolitan Council Lakeville, and Rosemount • Dakota County • Representatives of the County's 13 townships and rural centers • Scott County (under 5,000 residents each) Representatives of these agencies participated in periodic Study Management Team (SMT) meetings. The same agencies, as well as other invited stakeholders, were also involved in a series of four subarea outreach meetings, which were held from late November 2017 into January 2018. Study Results and Conclusions/Recommendations Figure ES-2 presents the PA Study's overall conclusions and recommendations. The information below briefly notes how Study conclusions and recommendations were reached, including consideration of input from outreach meetings. More details are provided in the full Final Report A. North Subarea — Eagan, Inver Grove Heights, and Rosemount MN 149, CH 63, CH 28, and MN 3 This is a developed urban part of Dakota County and exhibits some of the highest traffic volumes observed on PA Study highways. Discussions of this area noted close spacing between MN 149, CH 63 (a planned new connection to 1-494), and close spacing for MN 3 to the north and constraints from development on MN 3 in downtown Rosemount. Considering these and other unique characteristics, a one-mile segment of CH 28 connecting CH 63 and MN 149 was added to the Study. Conclusions. Because of close spacing and roles in serving future traffic, the northern-most segments of MN 149 and MN 3 are not recommended as future PA highways. All other segments in the North Subarea are recommended as future PA highway routes, but not for near-term designation. CH 63 is noteworthy in the Study as a special case because it is a planned, partially completed, new corridor with right-of-way reserved for a future access-managed arterial connecting to 1-494. West Subarea—Apple Valley and Lakeville CH 23 and CH 70 Like the North, the West Subarea is mostly developed and exhibits some of the highest traffic volumes observed on PA Study highways. Discussions for this area focused on the current and future roles of CH 23 (north-south) and CH 70 (east-west), including the proposed future eastward extension of CH 70 to Farmington and to MN 50 and US 61 (see more below in the East Subarea section). Conclusions. The Study found that CH 23 and CH 70 exhibit regional importance now and in the future; additionally, these links have available rights-of-way, good access spacing/management, and high posted speeds. The two segments, which connect to each other and to 1-35 on the west, are recommended for near-term designation as PA highways (Figure ES-2). In the coming months or few years, Dakota County will work with the two cities, as well as the Metropolitan Council and MnDOT, to officially determine a functional classification change. The one other segment in the West Subarea (CH 70 west of 1-35)is recommended as a future PA highway route, but not for near-term designation. June 2018 c �f Page ES-3 Principal Arterial Study Intentionally Blank .rte 1=� �,���*``�`,����/' g t �irmai P%�� al Legend LW m. Ift��� ��� i , e ��._ ral�"� �•i�y;;��\■■ 1� 0 Segment Terminous A 55� ■` �, m Study Corridor i l 1, 494 . ■ Study Corridor Future Connection .�� / West � 1 � � ' Lilydale" St.PAOI L _ _L . County Boundary 52 Al ',. • • • Scott Co. Future PA iiiiilli 62Mendota South ,�S a�aJ .� St.Paul Principal Arterial �Me�dota 63* • m ' Minor Arterial ri _. Heights / ���� — 494—, • • City/Township Boundary �� �• 7'• ' 3 , 23A Segment Label 77 149 i •_, Inver-Grove '1•_., 49 Heights ,l `° i ® Eagan • 3A i g" AIIIIIIIII111 pic111010... 011 Far ..• ••• ..• ••• ii 2pPr ' r i Burnsville 3B Nininger .� AppleIV Twp , Valley Rosemount 55 Hastings 41111.M111111111 42 • IV Coates 1 ' 1 316 Ravenna Si 23A Es Empire ell Vermillion Marshan ,,. , Twp. Farmington Vermillion .., ���1111 Twp. 76 ' • 71111111m 011 _..,....i..- 70A I 1— • 50 1 70B _ Hampton 70C* 50A i t New Trier. Miesville • 50 Ell • 3 € Castle Rock € Hampton _ Eureka Twp. i Twp. 50B/61 I ® Twp. 23B 3D 10/ Douglas Twp. • •• • •. Randolph � 86A 86C . Twp. Greenvale 3E Randolph !I" IFi Twp. 1..m 23C to o d Twpa Subareas p I ® North 23D* 19 i, West Northfield On East I * Future Connection South —I \\S. Principal Arterial Study Corridor Segments and Subareas Figure ES-2 0 5 Miles 0 1{1 BOLTON &MENK Source MnDOT Dakota Co,Met.Council Map Document:\\areserverl\GIS\DACO\T44114295\ESRI\Maps\Overview_Regional\Overview_SubareaKey_Engagement.mxd I Date Saved:2/6/2018 12:23:54 PM FINAL REPORT East Subarea — Farmington, Hampton, and Rural Townships to East CH 70 (Future Connection), MN 3, MN 50, and US 61 The East Subarea has important connections to the North and West Subareas via MN 3 and the future connection to CH 70. Transitional land use is an important characteristic, with both urban and rural areas observed. As noted for the West Subarea above, the future regional importance of the CH 70— CH 50- MN 50- US 61 corridor is also a consideration to the east. The Study noted the need to manage highway access and mobility through the small but growing communities to the east—Hampton, New Trier, and Miesville. Conclusions. The East Subarea's highway segments reflect PA characteristics and all are recommended as future PA highway routes, but not for near-term designation. As noted for both the West and East Subareas, the regional importance of this multi jurisdictional corridor for future mobility, and planning for future demands, should be considered in future studies. South Subarea—Southern Lakeville/Farmington and Rural Townships to South CH 23,MN 3,and CH 86 The South Subarea is rural, but includes future growth areas. With few local traffic generators, the highways in the South are often used for through trips and provide important connections to jobs and commerce. The system issues for this subarea include connectivity to the north, to 1-35, to Northfield, and to Rochester via US 52, an existing PA. Discussions of this subarea noted that CH 86 has some limited rights-of-way and no interchange with 1-35. The close spacing of parallel segments of MN 3 and CH 23 was also noted. Conclusions. The segments in the South Subarea typically fit the characteristics of PA highways. However, the spacing is close between the southern-most portions of CH 23 and MN 3, and relative importance in connecting to Northfield is an issue as noted above. Therefore, MN 3 is recommended as a future PA segment connecting to Northfield; CH 23 south of CH 86 is not recommended as a future PA. All other segments of CH 23, MN 3, and CH 86 are recommended as future PA highway routes, but not for near-term designation based on timing/readiness issues. Next Steps 2018 2o18toabout 2o3o The Dakota County PA Study concludes with the above-noted conclusions and Conclude the PA Study Update Results as Needed recommendations, including the proposed near-term official designation Include results in Dakota County's Reflect the Study in related regional, of CH 70 east of 1-35 and CH 23 north of 2040 Transportation Plan county,and local transportation plans Continue planning for Dakota Manage the County's CH 70 as PA highways (West Subarea). County highways and highways and local growth Figure ES-3 summarizes next steps, communities;resolve proposed through proactive planning which will include noting near-term PA designations and design recommendations in the County's 2040 FIGURE ES-3.SUMMARY OF NEXT STEPS Transportation Plan. The proposed near- term designations will be formally addressed in the coming months or years with the Metropolitan Council and MnDOT.This Study's results, which include several recommendations to manage all of the recommended future PA highways, will be updated periodically and reflected in transportation plans. 6:46441 Page ES-4 June 2018 Principal Arterial Study FINAL REPORT 1 Introduction and Need for Study The transportation system of Dakota County, Minnesota, is built around a framework of Principal Arterial (PA) highways, which are well established to the north—for example, the major river crossings (1-35W, 1-35E, 1-494, US 52, US 61, MN 77, and MN 55). However, possible gaps in the PA system are apparent to the C:«ngete south and east. Frrxay Designated PA highways include freeways and other principal highways planned and managed to provide time-efficient and W Arterial MOBILITY safe travel over long distances for many motorists. These o Arte lal "backbone" highways emphasize mobility over access, as e ar illustrated in the chart noting functional classifications. U In the functional classification framework, PA highways: ACCESS Loaf Unmended • Connect the region with the other areas in the state or Access connect metro centers to regional business it �► INCREASING ACCESS z° concentrations (Dakota County, 2012;2030 Transportation Plan). • Carry the major portion of trips entering and leaving an activity center, as well as the majority of through movements (FHWA, 2013; Functional Class Concepts, Criteria)and Procedures). The Dakota County PA Study addressed the need to establish sustainable and locally supported visions along corridors which could be candidates for designation as new PA highways.The Study focused on planning for selected highways, all of which are not freeways and are not intended to The Study focused on planning for selected become freeways in the future. The key highways, all of which are not freeways and are not outcomes are priorities for near-term intended to become freeways in the future. The designation of new PA segments and Study provides priorities and recommendations for identification of other segments as future principal arterial(PA)highways. recommended future PA highways. 1.1 Dakota County Growth and Principal Arterial Spacing Dakota County's highway system has been established to follow the area's growth and development. Figure 1 illustrates this growth pattern, both historically(since 2010) and forecasted. Not surprisingly, the County's greatest levels of growth are seen within the major suburbs, with moderate growth occurring in townships to the south and east. Forecasts indicate that strong growth will continue, even without proactive efforts to review the highway network. US Census data and State Demographer forecasts indicate the County gained 42,648 residents from 2000 to 2010 (a 12 percent increase). The County's population, at 398,552 persons in 2010, is expected to exceed 500,000 persons by 2035. The County's historic and forecasted population growth rate exceeds one percent per year and is also reflected in increased employment, economic activity, and travel demand. As Dakota County grows, the June 2018 pfZll Page 1 Principal Arterial Study Intentionally Blank -----........./j:...._:_*_N_4,,s_..„ —-,-- -- _-� _ 494, Lilydale- ' ' 57x3% West St. 1 Paul fit .....,..-------- Mendota 18.4-%"1" 8.4% South, •- -- --�-[� 66 6% St. Paul j r MendotaiHeights Lake 14.8% i Sunfis"9.6% 14.7% t �`rmu lewalw 63 • I I Nat 1 ‘t; j: 77 28 55 E Eagan< giro/ al ® i® 18.8% ' 149' ¢ , 6Heights 46.9% 1 j ` s 13 Burnsville 1 X13.6% 4." Twp.Nininger Apple Rosemount 7.5% - Valley I ° Hastings ► 84.5/° 1 .!„31.9%w 55 34.8% i E 42 T I] z � i CoatesICI . , 1: 1 i t i Ravenna e 316 Twp. 1 akeville Empirep52 Ver lion Marshan Twp. 28.2% I 1 60.5% -1 Farmington 127.2°/ 8.9 d 29.0% 669% ' , r '+rt g —Vermillion / Twp. I. } 20.2% ' X50' 11111/ New Hampton Trier amm Miesville Eureka 1" 21.9% F i Twp. Castle 22.4% 50' 15.3°/ 35.1% Rock Twp. Hampton i ` e 3.1% I `T`p. Douglas ‘iifY36.7% Twp. 23.5% /Randolph Twp. { ti Randolph 13.8% 7.1% Greenvale Sciota r Twp Waterford) Twp. 27.2% 8.8% 35.7% Northfield 1'02'8%- - - - - - - - - - - Legend e . \ Household Growth 1001-2500 xxx% Percent Growth <500 1 _ _ 2501-5001 - - County Boundary 501-1000 5000+ MEM Study Corridor Principal Arterial Study 2010-2040 Household Growth Figure 1 0 0 5 Miles BOLTON &MENK Source:Met Council,Dakota County FINAL REPORT highway network should be planned to provide for efficient and safe trips. Figure 2 provides a regional perspective, showing Dakota County's position in the region relative to other existing PA highways and future PA highways identified by Scott County. Figure 2 also emphasizes the study corridors selected for analysis in the PA Study, based on system spacing and other observations. The eight "study corridor" highways show are: • County Highway 63 (Argenta Trail) • County Highway 23 (Cedar Ave.) • MN Highway 3 • County Highway 70 • MN Highway 149 • MN Highway 50/ US 61 • County Highway 28 (Yankee Doodle Rd.) • County Highway 86 These corridors were identified by Dakota County as the best candidates for possible PA designation considering travel patterns, the service to destinations provided by each route, and desirable highway system spacing. Figure 3 illustrates the current travel demand pattern, including existing principal arterials (red lines) with relative 2015 daily traffic volumes on all highways (line weights). Technical guidance for spacing of PA highways encourages a network spaced logically within the region: • 2-6 miles apart in developed suburban growth areas • 6-12 miles apart in rural areas With reference to Figure 4, Dakota County's existing system includes no east-west PAs south of County Highway (CH)42, a distance of about 20 miles. Similarly, the gaps between north-south PAs include 15- 20 miles from 1-35 to US 52 and about 10 miles from US 52 to MN 316. Even in the more rural parts of the County, these gaps may exceed desirable spacing—especially considering these are future growth areas. All of the study corridor highways have roles in providing good north-south or east-west continuity and provide connections to important destinations. Additionally, the one-mile segment of CH 28 (Yankee Doodle Road)was also identified as a possible PA connection based on its links to CH 63 and MN 149. 1.2 Study Objectives The Study's primary objectives were to evaluate how the above-noted highways are used and the features they exhibit compared with PA highway characteristics.As described in more detail below, PA characteristics were identified based on guidance from the Federal Highway Administration (FHWA), Dakota County, and the Metropolitan Council. Other objectives for the Study included documenting context for the highways and providing guidance to help Dakota County and its partners plan for both Page 2 L504147"P.4 June 2018 Principal Arterial Study N 2 i � it L L = •L .L C UO Q Q fn v Q cn as o •E5 Mi C U) in a 2 CO o o I Ess U m II S L L Q o C o QS i so __ Ow 7 til "�3 C La V. Y 't c A 6 IiRa�A pv Jo . (,gii111.114 11114:w mown ormir. >, , .0 ,,,,_ ,.-- ___,.- A . 10 1 i I�...o,1or:�am ii%�� o po o �,, .Z L ,�. a�r�i .Y s� �..��• m�� lilt opo= ! � U1 1 �� Moa_'t:. v Q o 0 Orli >, 1 MIKE I : =ill WNW Ili 61.74. 4111.111114.1.111111111011 1,„tip&ik iii--. 11,1 . Lc) a 111!'' ''` ` FPI il ama. av, irt a.,,,,,,..„. a) am to- 41 ' 410 , kw._,7 SI , ioi � t - , ai1�i ._ -mg• � i tz ._ , _moi,, , • irfall. a TAP*lila ii ifilp titi k‘plii ritimbi ,kr--Je co 00 _ iii op" CD Op. 0_ ab itlil, ..F3 ,,,,a,,_ L. z a, o Wm& Ili 6 MIN 4IMv * L92 En JE go AWL .-- a) INI dog Illri n CO [ 4::rN J COilk a) , - , 111111111111!46., "fi r a'��` ,� Legend -w Ia` ���1.t�40��,, `o II Existing Arterial Roads Planned Roads = T-���`♦��,,I y Principal Arterial Planned Roads m y ,i 3 �.E Minor Arterial fillS air' ��• - 2015AADT a , r 5000 ipoll ���'�. Study Corridor i1 k �� ,� 5000-10000 b t�� Park lulili _ I, \- ' 10000-20000UMore Park 20000-30000 .� ._.� a9a I ' I l+,�� ' 1 ,� los , Ii k ? • �g37l 30000+ ## Spacing(Miles) 1 1, 13 , .438 �,,.� 5 �� j 35E� i _ t Miles , 13Source:Met Council,MnGeo,Dakota Count,MnDOT iIL Ir :. _ .♦ .� -� r 30i 71 �� I' j`,1+ I pit i 44 Wisconsin _r :A 1� _..--y�� 111 35W �- ..�A . �3 , h',5 „•� ,, II P's 1 1 1 II I iiii I 6 Loll 101(4 iit -4 1� I Wire ; qt. SIL UMore Park PP 46i . l , a I p t'.4';'- 71 i /I --1 I t ss; 5 Mal I III 7011111111111111111111111111r 50 LI _ _. 57),I 23 I - }� -- 3 ,I IsI li Zo' I 56 Scott 86; Rice II 3,. �� ��i.__ ✓- --1 / 47 11 i if , I. 4111 u I t 0 � Principal Arterial Study Arterial System & Corridor Volumes Figure 3 0 5 ®BOTON Miles 14-E NK Source MnDOT Dakota Co,Met.Council ait.-1---- i� �1 v ��i�a.�/4 I� D Legend e iiir T I I ,r zIsoExisting Arterial Roads Planned Roads �� wI 1 I ��' c. �I 3 Principal Arterial Planned Roads Inn� �Ii �— ��� — — — 1>L. Minor Arterial °PA \ I2015 AADT 11111115111 l Sr" \ -) Study Corridor 8 <5000 � 1 gmau Ltr Urbanized Area 1 5000-10000 SUNFlSHS 1,• TA�EKiHTS IAKErI___ r� 10000-20000 �`EaE1 ,x *RI' —111111. r" �---or ` asa 156 I 11111111 20000-30000 „ - 637''24 1 Spacing(Miles) 13 / �� B' I\ �� 30000+ ��##.# 35E �� -149 �� \ 0 5 I �� P. 3iles / Source:Met Council.MnMGeo,Dakota County.MnDOT AiA100411 JI 0 BURNSVItl.E 77- 32 TS I� '/'1 4.6.- 3.8' �� \\ _ /+ _ // Wisconsin '' / 73. 71 \ J Ii Liko, \lihow_ J \r. 77 33 ", • 1 "HASTINGS \ 42 551 - ` AiI "'Min PPCF •v I_ ‘:‘PPI AEY 46 OOATES • 31 ' Tag g 316 . 3 7.4 1 1 I LAKENLUE ___ es EMPIRE OUP I"-\ I 66 47 9.3 ® 68 1+ '70 50 10.8 I . 'FARMINBTON Pillfr , al 1 . 23 I 1 I HAMPTON I 3.8—k• x—3.814 ' I I, 5.8 -9 1 5 A DOUGLAS TWP I 1 ,I 20 I I 56HAMPTON TWP Scott I I Rice A I * II 1 4.7--11110- x`2.9 - 9.8 RARDOCPHTWP NIII I 1 20 , 47 1 I _ WATERFORD TWP e3, S-1 ' I Iv 25 _0 J5, 10I " 15 20 25 Principal Arterial Study > Existing Principal Arterials, Study Figure 4 "' 5 Corridors, and System Spacing ®BOLTON Miles &MENK Source:MnDOT Dakota Co.Met.Council Intentionally Blank ANAL REPORT regional and local highway system priorities. Perhaps most important, completing this Study will help prevent the consequences of not planning ahead, as listed in the text box. Of course, growth will continue, Possible Consequences of Not Planning Ahead even without proactive planning, If more principal arterials are not considered,the County's highway system might as evident in new development fail to support future needs.The possible outcomes include: along the highways addressed in • An incomplete highway network this Study. But with a coordinated • Increasing traffic on highways not designed for needs plan,the highway system is more • Poor mobility;inefficient transportation system • Likely increase in safety problems likely to be designed to meet • Unclear priorities for highway improvement projects and funding mobility and safety objectives for Dakota County's many developing areas. The intent of the study was not to identify corridors that require major infrastructure investment or to prioritize improvement needs, but to identify corridors that will be required to provide a PA function for the public either now or in the future. This will allow Dakota County, MnDOT, and the cities to plan for and manage the corridors and supporting road network over time and make appropriate investment to support the PA function at the time they are needed. Importantly,the Study does not complete a formal decision-making process for designation of new PA highway segments. But it does provide supporting data and guidance on next steps, including identification of a few segments proposed for formal review and near-term PA designation (in the coming months or years).The Study's full Final Report serves as a reference for discussions of highway jurisdictional roles—considering local governments, Dakota County, the Minnesota Department of Transportation (MnDOT), and the Metropolitan Council. In this context, the Study provides information about the possible regional importance of several highway segments. While setting priorities for highway system funding was not a primary study objective, The Study does not complete a formal decision- designated PA highways have greater making process for designation of new PA highway potential for National Highway System segments. But it does identify a few segments (NHS) preservation funding and for other proposed for formal review and near-term PA federal and state funding programs. designation (in the coming months or years). Additionally, Study results may provide guidance for highway system project priorities and cost participation. 2 Study Scope and Process 2.1 Principal Arterial Characteristics The Study's process began by identifying the major Dakota County highways to be evaluated, as noted above. All of these highways provide continuity over long distances, serving many trips, commuters, and population or employment destinations. The methodology for the Study then considered dozens of parameters based on FHWA, MnDOT, Metropolitan Council, and Dakota County guidance. June 2018 Page 3 Principal Arterial Study FINAL REPORT 2.1.1 Review of Applicable Guidance—PA Characteristics Table 1 provides a complete list of characteristics to consider when looking at possible PA designations (non-freeway), based on the cited FHWA, Metropolitan Council, and Dakota County guidance. For each measure, the corridor and segments generally either meet the characteristic or not. In researching the guidance, the Study found PA characteristics could be described in two groups: • Decision characteristics are those that most directly affect the suitability of corridors or segments to be future PA highways. These characteristics help establish if the highway is located well within the system and serves travelers in a manner consistent with a PA. • Timing characteristics are those affecting the ease in which the corridor or corridor segments can be planned for, and adapted, to serve a PA function over time.These characteristics establish the "readiness" of the highway and could provide a basis for additional corridor planning. Both decision and timing characteristics were considered important decision-making factors; however, some characteristics proved more important to differentiate between highway characteristics than others. Therefore,Table 1 notes which characteristics are considered "Key Factors" for this Study's corridor-and segment-level analyses. 2.1.2 Key PA Characteristics Used for the Study As noted under"Comments" in Table 1, the Study approach considered applicable guidance and the reasons why some characteristics were identified as key factors for corridor-level comparisons and why others were not. For example, some characteristics are based on high-level guidance only or will provide similar results for all corridors and, therefore, were not key factors for analysis of segments. As listed in Table 2 below, the Study's framework for analysis and comparison of highway segments focused on a selected range of decision and timing characteristics. This focus helped to make the analysis more clear. 2.1.3 Additional Characteristics Observed for Dakota County Highways With the guidance in Tables 1 and 2 as a reference,this Study also found that Dakota County highways sometimes have characteristics or context which suggest additional inputs and details toward findings and recommendations. For example, these factors were observed: • Land Use and the Presence of Transit— Dakota County has a number of public transit corridors with regularly scheduled service.The presence of scheduled transit service on was considered as noted in Tables 1 and 2. However, a lack of scheduled transit service in the rural parts of the County is expected and is thus not considered a relevant characteristic on rural highway segments. • Freight Connections—While many highways are used by trucks, the Metropolitan Council's 2017 Regional Truck Highway Corridor Study provided an objective means to check designations for existing routes. Figure 5 shows that most of study corridors are included as priority truck routes within the Metropolitan Council's 3-tier scoring structure. Page 4 . June 2018 Principal Arterial Study It t :gid w ``�, Legend e Al4—,, ,~ _.� Freight Tier Tier 1 ®,) 55 –,� . Tier 2 r % l Tier 3 r ® Principal Arterial 62' -�-�� �; Study Corridor t •■ ■ ■ Study Corridor Future Connection ��■ 494 —^�� , L – – i County Boundary 1 (`�] .. . o,. // �o `3 ,i_,, 55 t I r t T- ® 149 e N • � 13 D / t r ;/ i lik 55 • , `•� 1 46� – 1 1 \ 1 1 I 1 316 1 23 ® i 1 61 1 1 1 I T4‘4 ,_-=0) 1 1 1 1 1 t • 1cow 50, I 1 12,==. „ m 1 I 1 1 I 1 liI 1 1 1 1 I i) .. .. .. .. ...... _ 1 1 I ie .. . 1 i e 1 11 1 1 1 o 1 Source: Metropolitan Council, Regional Truck Highway Corridor Study,2017 The Freight Tier is a weighted score for prioritzing regional truck highway corridors. Corridors were evaluated based on truck volume,truck percentage,proximity to freight clusters,and proximity to regional freight terminals. Principal Arterial Study Freight Network Overview Figure 5 0 5 ®BOLTON Il Miles &M EN K Source:Met Council,Dakota County Intentionally Blank FINAL REPORT Table 1.Characteristics to Consider for Future Principal Arterial Designation Key PA Characteristic Guidance Affects Factor? Comments System Spacing Urban:2-3 miles,Rural:6-12 miles Decision ./ An approximate fit to system spacing guidance is sufficient Typical Volume ADT,Urban:15,000 to 100,000+,Rural:2,500 Decision ✓ The corridor and segment to 25,000+ analyses for this Study note the System Connections Connects to Interstate freeways,other principal Decision ✓ combined importance of arterials,selected A-Minor Arterials volumes and connections Highest traffic volume corridors,higher existing Comparison to volumes of System Capacity volume in comparison to parallel corridors Decision J parallel study corridors (within the spacing) Connect to regional job concentrations and Freight tier assigned in the Met Freight Connections Decision Council's Twin Cities Regional freight terminals;connects to freight centers ✓ Truck Corridors Study Urban:Full access public street intersections at '/2 mile or greater;Rural:Full access public Access management problems Access Spacing street intersections at 1 mile or greater, Timing ✓ may reduce feasibility of Number of full access public street corridor as a PA intersections per mile Intersections Presence of grade-separated or high-capacity Timing ✓ Considered in context with at-grade intersections volumes and connections Preferential treatment for regularly scheduled Scheduled transit routes imply a Transit transit,or bus lanes/priority(a"transit corridor) Timing ✓ high demand for travel(not in urban segments(not applicable for rural applicable for rural segments) segments) Limited right-of-way may reduce Right-of-Way 100 to 300 feet of highway right-of-way width Timing ✓ segment feasibility as a PA; (highway easements are sometimes observed) study also considers setbacks/constraints Parking None(on-street parking not allowed) Timing ✓ Parking is rarely allowed,but is noteworthy when it is Operations Speed,Urban:40-65 mph,Rural:Legal Limit Timing ✓ Low-speed zones may reduce (State Statute),typically 55 mph segment feasibility as a PA System Mileage Urban:4-9%of system;Rural:2-6%of system Decision "system" High-level guidance only(not a (define systemas Dakota County's system) corridor-level factor) Connects the adjacent cities along route,serve City Connections major activity centers,connect cities(>25,000 Decision Similar for all study corridors population in rural areas) Regional Connections Longest trip demands,serves long trip lengths Decision Similar for all study corridors (consider length of corridor) High proportion of travel on fewest miles Similar for all study corridors Travel Shed (compares vehicle miles of travel,or VMT,of Decision (use volume comparison) corridor to parallel route VMT) Community Continuity Provides continuity through cities Decision Similar for all study corridors Serves demand between central business Similar for all study corridors Employment district and outlying residential areas(i.e., Decision (connections to other PAs and Connections connects residential communities to freeways major highways are noted) that then connect into Minneapolis/St.Paul) Continuous route with no dead ends,connects Similar for all study corridors PA Continuity to existing or proposed Principal Arterials on Decision (system requirement) each end(system design factor) Access Control Presence of medians Timing Not a key factor by itself when comparing corridor segments Bikes and Pedestrians Presence of adjacent trails or sidewalks,no Timing Not a key factor by itself when bike lanes comparing corridor segments Characteristics based on:FHWA,Highway Functional Classification Concepts, Criteria,and Procedures(2013);Metropolitan Council 2040 Transportation Policy Plan;and Dakota County Access Guidelines June 2018 Page 5 Principal Arterial study FINAL REPORT Decision Characteristics Timing Characteristics Should the highway be a future PA? Is the highway ready to be a PA? • System spacing—highway location in relation to • Access spacing—intersections at least Yz mile apart existing PAs • Posted Speed—posted for 40 mph or faster • Traffic volume—serves relatively large volumes • Major Intersections—connects to high-capacity and greater demands than parallel routes intersections or interchanges • System Connections and Capacity Role— • Transit—serves scheduled transit service connected to existing PAs;serves more traffic (urbanized areas only) than parallel highways • Right-of-Way—space to accommodate possible • Freight Connections—Is the highway a"truck long-term highway improvements route"? • Parking—Is parking observed;is it prohibited? (Parking is discouraged on PAs.) TABLE 2.FRAMEWORK FOR ANALYSIS OF HIGHWAY SEGMENTS • Highway Right-of-Way and Spatial Constraints—There are several Dakota County highway segments that do not have public rights-of-way established, but instead are reserved by highway easements. A highway easement is not a major concern by itself. However, some segments include combinations of incomplete right-of-way, narrow easements, or constraints from railroads, numerous nearby buildings/structures and many access points. Combinations of such factors are known to present capacity and safety challenges, perhaps limiting the readiness of a highway segment for designation as a PA. Highway segments that offered established rights-of-way and few spatial constraints were considered stronger from a timing or "readiness" perspective. • Possible New Routings or Connections—Some of the corridors/segments included in the Study (CH 63, CH 70, MN S0, CH 86, and CH 23) include proposed, as-yet incomplete, connections or possible new connections. Such segments may be less ready for PA designation and might also affect the readiness of adjacent segments. The Study team also added the one-mile segment of CH 28 (Yankee Doodle Rd.) as a connector between CH 63 and MN 149.The combined segments form a north- south corridor with CH 28 as a lateral connection. 2.2 Input from Regional and Local Partners In completing the Study, Dakota County invited and encouraged participation from a full range of relevant partners, specifically: • MnDOT • Cities of Apple Valley, Eagan, Farmington, Inver Grove Heights, • Metropolitan Council Lakeville, and Rosemount • Dakota County • Representatives of the County's 13 townships and rural centers • Scott County (under 5,000 residents each) Representatives of these agencies participated in periodic Study Management Team (SMT) meetings.The same agencies, as well as other invited stakeholders, The Study included periodic meetings with were also involved in a series of four subarea outreach a management committee and a series of meetings, held from late November 2017 into January four subarea outreach meetings. 2018. Page 6 -,--;"16544147-?:'"" June 2018 Principal Arterial Study ��� I� , �'�r■�,ui�%si Legend .ten 8 aka:171k , ~� �,. J O : 1:nous I� , 494' • • • Study Corridor Future Connection .l West 1 — — ir 11111 ill ,a0/ LilydaleIi St.Paul — —1 County Boundary 52 i Scott Co. Future PA g2, Mendota South 111111 ��L7t� Sunfish St.Paul ► Principal Arterial Lake �.� , e Heights 63* 11111=1 • 1 Minor Arterial Heghts • imIl� —494— __ • 3A City/Township Boundary r149A V• 3/ yam 23A Segment Label 7� � Z • Zg� � Inver-Grove le� �r — 149B 100 �� 55� HAN . . eightsal ®; a ..rumiffir i® Eagan 149 AI ilt 413 �, � • WIPP Burnsville 111114100 3B Nininger i - '1'441 1,. Apple , Twpat Valley Rosemount 55 42 • rLECoatesijastings 1 M Ravenna 23A Empire ® Vermillion 316 1 jTwp. Twp. I Lakeville 'fid 3C Marshan I 4Twp. 1 Farmington 1 f ,, Vermillion € • a' _ 's Twp. 4 4 Il 70A 50 _ ._. . .__ 70B Hampton 70C* 50A New Trier Miesville 14 l • 50 133 • 3 Castle Rock Hampton Eureka Twp. Twp. 50B/61 i (0) ' Twp. 23B 3D r4 Douglas 1 I 1 4 Twp. i •• • ; II 86 Ili 86A 86B 86C Randolph Twp. Greenvale 3E A — - — Twp. Randolph it 23C Waterfo d Sciota 1 Subareas Twp Twp. — North or I —_ — ` • � -} 23D* 19 OM West .4, Northfiel East 44i * Future Connection \--'\ \\\ South 1 Principal Arterial Study Corridor Segments and Subareas Figure 6 0 5 Miles p BOLTON O&MENK Source MnDOT Dakota Co,Met.Council _ O O U z U C O O O C a) 0 0 -a _� C -� O U N O U CO U (a 0) 0) = 2� C N E .� (6 C 0 OU a) o C a) C L U E E_ U O 5 o a o ill: D ~ .J C O) CtS -O N _t _0 C > C i > > (6 (6 • • • • - C6 (6 2 C cl -O L- C EilO E_ F (a o C C C C C „L_, T --1- a) O = a) U > U C a) C O O V a) E c C a) E - T S - O _ 0 O O C p 0 O U U en > .� V) U3 C -a C (a C L C C U a C C Q ` o a) a) C C O C p M .0 \ \ O ,O E .O O c_ C o U) i a \ > a _ O N C Q) Ca) C 0 0 a5 O -6 = 03 E ca C C C1 C U = O a. [n 4) E ' E O O- co( n O Wa) = a) C -0 -c a) d N U C N = c C - C CO (a W :::: :::: (CD (ap0Na) _C `p I` Uen � \ o. \ O :O:ECD") 0 CD CO C E O O _ Ci a) cB [n U .5 u) U •- d .- _ C -O a a) U p CU _. 0 o N _ _ o o o U > > aa)) 'u - a3 o 0 a 0 , (a -- a u) c N - a) v) rn > > \ > > > > > > > N N (a (a 3 c m a E (6 .x c o a) x = CU i 0 a) (B E 0 a) O p = U R 0. O - O C a) C — N o n) _ Q aai I � I- (n < c < `° I- J w CO L() LA in CO in t!7 in Ll) L17 L(') Ill L(7 Lf_) l(') LO 117 j O (N t!') N Ln 117 M LA LCD M lf') -a in a F OU OCD C L N U C O O (a U C ,- . C J C a) O a lr_ ._ p C E Y CON o i o a E � L U U N X U p c a) `n cu E (° Q C C 0 E O C 0 E n Q) oand C> LC) U N n( .� a Q C U _ (U 4) C T U O C CD t C _ La. as o a- 0 (tea Ce)CO o Cao U Co U - c ui I7 CV m U U U U 0 t t ffO O) _a U CIS O a) Q U d N CV C) E O cA CQ � N u') -5 O co C .X •- O m > > > > > > > > > - a o cn a C : O IP ! Ca CI) 0 • O O O O O O O O O C a O O O O O O O O O O O Q_ O Q 0- Q -pa `" •i o C) 0 0 c 0 0 0 0 0 0 0 0 o Cfl o 0 0 0 0 o a, o d E o in p) O O O O O O O O O ti N V CO d- O V O CO - W C Lo O O 7 n ca O N CO d' N N O O O O coNO CO ti to 6) LC) .X C N a) E O x r) E CD OO 1 N 0 C „,_, E [a O CO a0 6O- 1 = CD _ 0 a) 0) C 0 a) .3 O) -..E• O E .o U 2 U 1E U C `O E0O CD 0 C CZ .a) a) -a a) E 0 E - � ..- a) a) a) a) .a) o a) o) -a (a C a) is a) = c a) c -o c .N ) c, C (1) . CO a`) Q a) (n .N c .3 0 a a) a) a) (a o m a) = E a) a o U .5 U) -d C o_ - fa T a) -O .0 a) >, n — < = FINAL REPORT 2.3 Study Segments and Dakota County Subareas Figure 6 and Table 3 summarize the PA Study's full analysis, based on the PA decision and timing characteristics considered for 21 highway segments. The segments are grouped into four subareas (North, West, East, and South) to provide perspective on land use and travel characteristics. More details about the data considered for each segment, along with maps focused on features in each segment, are provided in Appendix A—Highway Segment Data and Detailed Maps. 3 Study Analysis and Results by Subarea This section provides summaries of the Study's results by subarea (North, West, East, and South). Each summary statement highlights the important observations, including input received at referenced subarea meetings, along with the conclusions and recommendations. Figure 7 provides an overall introduction and summary to the conclusions and recommendations. 3.1 North Subarea 3.1.1 Observations and Input Received The North Subarea is a developed urban part of Dakota County and exhibits some of the highest traffic volumes observed on PA Study highways. The system issues for this subarea focused primarily on roles of north-south highways, including a future extension and connection on new alignment for CH 63 from 1-494 to MN 55. The North Subarea Focus Group meeting was held on January 4, 2018. Comments, discussion, and analysis noted: • Concerns about the characteristics of MN 3 (Study Segment 3A) which is mostly residential and includes curves which limit sight distance. Segment 3A is also not a designated truck route. • The spacing between Study Segments 63 and 3A is roughly a half mile—too close for spacing guidance between two PA highways. • Segment 3B, while constrained through Rosemount's downtown, is an important north-south travel corridor in central Dakota County, connecting to St. Paul/Minneapolis to the north and to Farmington and Northfield to the south. • The MN 149 Segment has importance as both a through route and as a route providing service to major employment and freight businesses (even while lacking designation as a freight corridor by the Metropolitan Council). • The one-mile segment of CH 28 connecting CH 63 and MN 149 is included as a possible future PA because of its potential role in a future north-south PA system corridor. June 2018 A4 Page 7 Principal Arterial Study Intentionally Blank '► !` �"�a` l� 149 A •iorimillir ..I- a:... _.�_=.�',�r�.�_,'■ �. '494lal fI". vi � =/iMIel VIM — ��, 494 , West iiii lfrov,ilydale St.Psul 1� • 3 52 , Frill 2 Mendota Sout •11aai • 28 - .� i�v� Sunfish St.Paul 1 ; 28 55, Lake Mendota OH r � � Heights • • , t,1 149' 3A r� 494=—• 16 149A l!� 63 3A 1 I LI _ 1 77 `r Ar,� $3 Inver-Grove „1.1 • 155 Heights 1 '� �, I e — , 149B —4 ®� �� Eagan 149.00Detail • - I,pr® 28 See Detail �3 • 1 1 /I ` 3B Nininger % Burnsville la 1 Twp p 11 Aple al ••• • 1Imo Val42 • 1ey Rosemount • 55' mHastings • •`— 1 Coates `�+ •• •1 1 1 1 1 hi 1 1Ravenna 23A 3C Empire ® Vermillion 316 Twp. 1 1 LakevilleI Twp Marshan 1 1 fl Twp. 66 1 1 Farmington Vermillion 1 • • Twp. 1 1. X701 • 1 7OA —1 • _ 50 1 1 7OB 70C* Hampton 1 1 50A New Trier Miesville I 1 • 50' 61 • 1 3 Castle Rock Hampton 1 Eureka Twp. Twp. 5OB/61 1 im Twp. 23B I 3D P 1 r Douglas 1 1 Twp. 1 1 1 • •• • 86 • 1 Randolph 1 1 86A 86B 86C Twp. 1 _ Randol h 1, _.,. Greenvale 23C 3E 1s P `e 19'' Sciota 1 1 Waterford Twp. 1 1 Twp. 1 1 1 Legend 0 23D* •411 — "- 19 -Near-Term PA Designation • • • Scott Co. Future PA • Northfieldil , -Recommended Future PA Principal Arterial 3 c )Not Recommended Minor Arterial ♦ • •)Future Extension Principal Arterial Study Study Conclusions & Figure 7 r^ BOLTON O SMiles Recommendations &MENK Source.MnDOT,Dakota Co,Met.Council FINAL REPORT 3.1.2 Conclusions and Recommendations for the North Subarea The segments in this subarea fit the characteristics of PA highways. However, the spacing is too close between future CH 63 and Segment 3A to recommend both as future PA segments.The CH 63 segment is forecast to serve more traffic, currently NORTH SUBAREA CONCLUSIONS:Segment 3A (MN 3 has dedicated right-of-way, and will from 1-494 to MN 149)is not recommended as a future provide design characteristics appropriate PA. Other segments(CH 63, CH 28, MN 149, and MN 3 for a PA.Therefore, Segment 3A is not from MN 149 to CH42)are recommended as future PA recommended as a future PA; all other highways, but not for near-term designation. segments in the North Subarea are recommended as future PA highway �r. <_. .<,_ �,a. r� 8 t_ .� .- t routes, but not for near-term designation. Segment 3B exhibits the above-noted constraints in Rosemount's downtown. CH 28 is a possible connection along a future north-south PA corridor; its role in a future PA system will be confirmed through future designations. 3.2 West Subarea 3.2.1 Observations and Input Received Similar to the North,the West Subarea is generally a developed urban part of Dakota County and exhibits some of the highest traffic volumes observed on PA Study highways. In fact, CH 23 carries more traffic in the West Subarea than any other segments in the Study. The system issues for the West include the roles of CH 23 (north-south) and CH 70 (east-west). The mobility roles and connections provided by these two highways, which intersect in Lakeville's Airlake Industrial Park area, are important factors in the overall PA Study because of the regional connections they provide. CH 70 is also planned to provide a future connection to Farmington, and via CH 74 (Ash Street)to MN 50 and US 61 (see more below in the East Subarea section). The West Subarea Focus Group meeting was held on January 8, 2018. Comments, discussion, and analysis noted: • The meeting included representatives of Dakota County and local governments (Apple Valley and Lakeville) as well as developers.This led to discussions of land development issues, including the need to create a suitable system of local roadways along Study segments as development fills in. • Dakota County and the communities closely involved in the West Subarea will need to engage on supporting studies, including the extension of CH 70 east to Farmington. • The CH 70- MN 50- US 61 corridor presents a number of highway jurisdictions and, with completion of the proposed future connection to Farmington and to US 52, the regional importance of this corridor should be considered.This corridor includes connections to Lakeville's Airlake airport and industrial park, to US 52, US 61, and to Scott County to the west (where Scott County Highway 8 has also been identified as a future PA). • Similarly, it is noted that CH 23 transitions to the north to MN 77, an existing PA. l� - Page 8 / June 2018 Principal Arterial Study ANAL REPORT • Discussions noted the need for continued studies to address the design of CH 70, including the extension east to Farmington (joining CH 74 or Ash Street). • CH 31, or Pilot Knob Road, was discussed as a locally important north-south corridor. This roadway has volumes in some segments that are comparable to parallel volumes on CH 23; however, unlike CH 23 or MN 3, it does not provide continuity south of Farmington and is not proposed to do so. 3.2.2 Conclusions and Recommendations for the West Subarea The segments in this subarea fit the characteristics of PA highways. Additionally, CH 23 and CH 70 in the West Subarea both exhibit reasonable available rights-of-way, good access spacing/management, and high posted speeds. In fact, Segment 23A is a 4-lane divided roadway for its entirety.The lands surrounding the two highways are established high-growth areas, with current growth and development evident as well as major commercial and freight uses (Airlake Industrial Park). Therefore,there is short- term risk of development patterns that conflict with PA highway characteristics. Considering these observations, Study objectives, and connectivity to existing PA segments to the north (MN 77 and CH 42) and west (1-35), Segments 23A and 70B are recommended for near-term PA designation.These are the only two segments in the PA Study recommended for near-term WEST SUBAREA CONCLUSIONS:CH 23 from CH 42 to CH 70 designation. The only other segment in and CH 70 from 1-35 to CH 23 are recommended for near- the West Subarea, Segment 70A west term PA designation (the only two with this recommendation of 1-35 is recommended as a future PA in the Study). CH 70 west of 1-35 is recommended as a future highway route, but not for near-term PA, but not for near-term designation. designation. 3.2.3 West Subarea Functional Class Change Recommendation and Process The process for accomplishing a functional classification change warrants attention for the above- referenced segments of CH 23 and CH 70 (23A and 70B). As noted, these are the only two links recommended in the Study for near-term designation as PA highways, and they were identified based on characteristics that strongly reflect existing and future roles in '8urnsvilIe WWI- VAple alpey the system.These two segments also fit together in a future PA system because they intersect to complete a new stage for the 1_ Illor 11111 overall system. Specifically, PA highways should interconnect; and this recommendation would add both north-south and east-west h ral links to the system, connecting at a common point. takeviBe 23 While the timeframe to formally complete the recommended I - _Farmington designation of these segments as PA highways is not certain, the �• 70 • h process is laid out by MnDOT and the Metropolitan Council. See 70A r 7oB � applicable guidance at: 70C* www.dot.state.mn.us/roadway/data/functional class.html As noted in the detailed guidance for a functional class change process, MnDOT has the primary responsibility for developing and updating the statewide highway functional classifications (23 CFR §470.105). However, the change process will begin by Dakota County completing and submitting a June 2018 44 Page 9 Principal Arterial Study ANAL REPORT "Functional Classification Change Request" form to the Metropolitan Council. The referenced federal regulation requires MnDOT's cooperation with local officials in developing and updating the functional classification and the Transportation Advisory Board (TAB) typically reviews change requests. EAST SUBAREA CONCLUSIONS:All segments are 3.3 East Subarea recommended as future PA highways, but not for near-term designation. These include MN 3 from CH 3.3.1 Observations and Input Received 42 south to MN 50, the future connection of CH 70 The East Subarea has important connections from CH 23 to MN 3, and MN 50/US 61. to the North and West Subareas via MN 3 to the north and the future connection to CH 70 to the west.Transitional land use is an important characteristic of the area, with both urban and rural areas observed. Traffic volumes reflect this transition, as they vary widely in segments. The system issues for the East include the connections to the fully urbanized parts of Dakota County (north and west as noted above) and the regional connections to communities in bordering counties such as Northfield (south) and Red Wing (east). As discussed for the West Subarea above, CH 70 is planned along a future connection linking Farmington to Lakeville and to 1-35 more directly than provided by existing CH 50. Therefore, the regional importance of the CH 70-CH 50- MN 50- US 61 corridor is also a consideration to the east. The East Subarea Focus Group meeting was held on November 30, 2017. Comments, discussion, and analysis noted: • Similar to the discussion noted above for the West Subarea, participants asked about CH 31 (Pilot Knob Road). While this roadway exhibits some relatively high volumes, it does not provide continuity south of Farmington and is not proposed to do so. • The need for continued studies involving Lakeville and Farmington, in part to address the proposed design for the CH 70 extension, connecting to MN 50 in Farmington via CH 74 (Ash Street). • The need to manage highway access and mobility through the small but growing communities to the east—Hampton, New Trier, and Miesville. • The Focus Group discussed traffic counts and noted the 2030 forecast volumes for MN 50 east of Hampton (Segment 50B/61) suggested a reduction in travel demand versus counts in 2014 and 2015. MnDOT's counts are updated every three years and Dakota County typically updates counts semi-annually; forecasts are now also getting updated. The low growth forecast for MN 50 out to 2030 was partially based on limitations of the regional travel model at the edges of the metro area, as well as need for updates. For purposes of this study,the 2030 forecast volumes to the east will suggest a flat forecast as a placeholder rather than a future reduction (Appendix A). 3.3.2 Conclusions and Recommendations for the East Subarea The segments in this subarea fit the characteristics of PA highways and all are recommended as future PA highway routes, but not for near-term designation. The segments include MN 3 from CH 42 south to MN 50, the future connection of CH 70 from CH 23 to MN 3, and MN 50/US 61 extending east to the Page 10 (%44 � 'C"` June 2018 Principal Arterial Study ANAL REPORT county line. As noted for both the West and East Subareas, the regional importance of this multi- jurisdictional corridor should be considered in future studies. 3.4 South Subarea 3.4.1 Observations and Input Received The South Subarea is rural, but includes SOUTH SUBAREA CONCLUSIONS: CH 23 from CH 86 future growth areas. With limited local to MN 19 in Northfield is not recommended as a traffic generators, the highways in the South future PA route. All other segments (CH 23 north of are often used for through trips and provide CH 86, MN 3, and CH 86)are recommended as future important connections to jobs and commerce. The system issues for this PA highways, but not for near-term designation. subarea include connectivity to the West . _ . and East Subareas (noted above), to 1-35, to existing PA segments in Northfield, and to Rochester via US 52, an existing PA. The South Subarea Focus Group meeting was held on December 13, 2017. Comments, discussion, and analysis noted: • The southern-most segments of CH 23 (Segments 23C and 23D) are spaced closely with the parallel segment of MN 3, Segment 3E (the highways are 3 miles apart or less). This compares to guidance for rural-area spacing of 6-12 miles. • The Metropolitan Council includes MN 3 within its freight tiers, including Segment 3E (see Figure 5, above).The parallel Segments 23C and 23D are not identified as designated truck routes. • Participants discussed observations of lower forecast volumes on the above-noted segments of CH 23 vs. the parallel segment of MN 3 and also noted: o MN 3 currently serves as the more direct and primary north-south route through Northfield. o There are potential challenges with the future connection proposed for CH 23 into Northfield (Study Segment 23D). Land uses in the area proposed for the future connection include a solar farm and land owners may not be supportive. • CH 86 is a locally important east-west corridor, connecting to US 52 to the east and to Scott County destinations and 1-35 to the west (it is noted as a future Scott County PA). However, CH 86 has right- of-way constraints in Castle Rock and lacks a direct connection to 1-35. An interchange with 1-35 has been proposed for the CH 86 overpass location; but this is a long-term concept and no serious studies have been undertaken. 3.4.2 Conclusions and Recommendations for the South Subarea The segments in this subarea typically fit the characteristics of PA highways. However, the spacing is close between the southern-most portions of CH 23 and MN 3, and relative importance in connecting to Northfield is an issue as noted above. The MN 3 corridor provides a more direct alignment using all existing roadway and will carry greater forecast volumes. Given the comparisons noted, and the June 2018 Page 11 Principal Arterial Study ANAL REPORT are recommended as future PA highway routes, but not for near-term designation. 4 Study Conclusions and Next Steps This Study concludes with the above-noted subarea recommendations, including the proposed near- term official designation of CH 70 east of 1-35 and CH 23 north of CH 70 as PA highways (West Subarea). Figure 8 summarizes next steps, which will include noting recommendations in the County's 2040 Transportation Plan. Other elements of future highway system management are outlined below. 4.1 Near-Term PA Segment Designations The proposed near-term Early 2018 I 2018 to about 2030 designations will be formally • Evaluate Study results and input • Continue highway planning addressed in the coming months • Identify possible new principal • Designate selected segments as new or years with the Metropolitan arterial designations principal arterials(in cooperation • Complete Final Report—Include with regional and local agencies) Council and MnDOT. This Study's findings and recommendationsforall • Update Dakota County and local results will also be updated over highways evaluated in the Study transportation plans roughly the next 10-12 years and Conclude the Study Update Results as Needed will be reflected in transportation plans and through proactive Include results in Dakota County's Reflect the Study in related county and management of the County's 2040 Transportation Plan local transportation plans system. Continue planning for Dakota Manage the County's County highways and highways and local growth As detailed in Section 3.2.3 above, communities; resolve near- through proactive planning two segments of CH 23 and CH 70 term PA designations and design (23A and 70B) are recommended FIGURE 8.SUMMARY OF NEXT STEPS in the Study for near-term designation as PA highways. Applicable guidance for changes to functional class is available at this MnDOT web page: www.dot.state.mn.us/roadway/data/functional class.html Actions to resolve the proposed new designations will include Dakota County completing and submitting a "Functional Classification Change Request" form to the Metropolitan Council and review by the Transportation Advisory Board (TAB). See Section 3.2.3 for more information. 4.2 Management of Future PA Highways; Benefits Most of the highway segments evaluated in this Study have characteristics suggesting potential to become PA highways in the future. However,timing characteristics are often not strong enough to justify near-term designations. For example, in the North Subarea, there are complexities with multiple routes and the need to complete design and construction of CH 63. Other planning to add future connections (for example,the CH 70 extension) and to address constrained rights-of-way will be needed to address the readiness and sequence for additional designations. See Appendix A for more details on such planning needs, by segment. 4.2.1 Arterial Access Management,Local Planning,and PA Cost Participation As growth and development occurs along the corridors, cities and townships can be proactive to: Page 12 7 44 I 4,4 June 2018 Principal Arterial Study FINAL REPORT • Reflect highway system plans in local plans • Support and facilitate access management and right-of-way goals for future PA highways Attention to access management is important to provide safe and efficient arterials and develop well- planned roadways and communities, regardless of cost participation policies. But additionally, Dakota County's cost participation policy for cities with 5,000 persons or more is based on access spacing goals and PA designation. As illustrated in Figure 9, the County's current policy limits local cost participation to 25 percent when an arterial is managed to limit full access to 1/2-mile spacing or if the arterial is a designated PA highway. As this study concluded, Dakota County was considering possible revisions to this policy(as part of the 2040 How is the local funding share for Dakota County highways determined? Transportation Plan) which could The current cost participation policy between Dakota County and cities with 5,000 persons further reduce a city's cost or more is based on access spacing goals and PA designation.These guidelines apply to engineering,construction,and right-of-way costs(after any federal and state funding): participation if the arterial is a currently designated PA highway or ive City meets''/,-mile spacing guidance X City does not meet 34-mile spacing or highway is designated as a PA guidance or highway not a PA a future PA based on this Study. In townships and cities with less Local til Funding Funding than 5,000 in population,funding for Dakota County and Trunk FunCountyding Highway projects is provided primarily through federal, state, and county sources. FIGURE 9.CURRENT COST PARTICIPATION POLICY AND LOCAL SHARE 4.2.2 Arterial Access Management in Growing Communities Figure 10 provides four general illustrations of how growth may occur in relation to access management measures on a multi-lane arterial. In Dakota County growth areas, roadway design and access management on future PA highways should consider the potential to maintain 1/z-mile full-access spacing to provide safety and mobility benefits as well as conformance with County guidance. Cooperative planning and design for existing and Cooperative planning among local future PA highways should follow access-spacing jurisdictions, Dakota County, and MnDOT is guidance and consider parallel local roadways to the recommended best practice. As shown, support the arterial. development-driven adjustments to access on existing and future PA highways should be planned based on the Y2-mile full-access spacing guidance. Additionally, parallel local roadways designed to support the arterial should be considered as part of the planning process (Figure 10, illustration no. 4). June 2018 Page 13 Principal Arterial Study FINAL REPORT OTI Meet 1124e SPaGi g Goan NO Develop rgRANSITIONING area;propertiesARTERIAL developed using driveways and minor intersections. 112 Mile— Fq a , ...„.. :::...,..„ , . ,,..„,,,,,., ,...,..,..„..,, , i ,,„ ,,,,,,,,,,„ il .y .4-- i. :Right-ofWay,----- ------ t Full Full Full Full Full 0 WIDENED Tn•1MSesdgGoa? NO More developmentARand trafERIALfic:minimal access management. Meets 1 —. 1/2 Mile _ __ i ! I 70� li, , , } �t �t ., to t Righ•-cf-Way s y I -w Full Full Full FullFull > tD 0 ACCEImproved aSS•MANAGEDAmanagement;aRTEllRIAL d access property access is still from the arterial Meets 112-Mile Spacing Goal? YES n — _ 1/2 Mile N c „■® " it ® atil p Right•ot•WaV.. .....—.e r Full RiIRo 3/4 RitRo Ful'. t,..,; 0 ARTERIAL SUPPORTING LOCAL ROADWAYS Local street systemWITH supports property access and more complete arterial access management. Meets 1/2-Mse Spacing Goal? YES i 112 Mile --- fi1111 j3 ti :" `. tyI Ri h,-of_VJa t t , Full Close RIIRo Close Full FIGURE 10.EXAMPLE OF ARTERIAL ACCESS MANAGEMENT PROGRESSION 4.2.3 Study Benefits for Regional and Local Planning This Study provides a long-range perspective for Dakota County's arterial highway system, with two segments on CH 23 and CH 70 proposed for near-term designation as PA highways (Section 3.2.3). Because of this, the benefits of the Study are to: j,-oei Page 14 June 2018 Principal Arterial Study FINAL REPORT • Clarify Dakota County's perspectives on which arterial highways have importance both regionally and locally. • Inform regional transportation planning intent, as Dakota County's conclusions can be reflected in the Metropolitan Council's Transportation Policy Plan (TPP) and in long-range MnDOT plans. • Provide information about each of the arterials addressed herein as background for future highway corridor and design studies. As noted in Section 1, the Study does not complete a formal decision-making process for designation of new PA highway segments. Nor does the Study set priorities for highway system funding. However, it does provide supporting data and guidance for the next formal steps (selected PA designations); and it may serve as guidance for highway system project priorities and cost participation. 4.2.4 Review of Dakota County's Next Steps With reference to the details above (including Section 3.2.3), Dakota County's next steps include: • Complete and submit a "Functional Classification Change Request" form and supporting information to the Metropolitan Council, requesting portions of CH 23 and CH 70 (segments 23A and 70B) be classified as PA highways. • Working with local officials (including the Cities of Apple Valley and Lakeville), support the Met Council and MnDOT functional classification change review and determination process. • Include the results of this Study in its 2040 Transportation Plan. • Communicate with stakeholders about the benefits of corridor management on the future PA highways, including potential for reduced shares of local government cost participation for highway improvement projects. • Use this Study to guide additional planning actions and priorities. For example: o Provide continued leadership, technical assistance, guidance, and input to corridor planning for future PA highways and to address other Dakota County highway system issues (refer to the analysis by segment in Table 3 and Appendix A). o Encourage cities and townships to plan for future PA highways, including planning for access management and right-of-way goals in constrained areas. June 2018 Page 15 Principol Arterial Study 4i104City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 PROW. www.ci.farmngton.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Agreement with HKGI and Committee Structure to Create a Bike Pedestrian Plan DATE: October 1, 2018 INTRODUCTION The city has a vast network of trails and sidewalks. There is a desire to develop a Bike Pedestrian Plan that would provide one comprehensive plan for a safe, interconnected, and uninterrupted system of trails and sidewalks. DISCUSSION In January 2018, staff applied for$32,000.00 in grant funding from Dakota County through a program known as the Statewide Health Improvement Partnership (SHIP)to create a plan for the city. The plan would address creating improved safe street and intersection crossings for trails and sidewalks. The plan would complete an analysis of where missing gaps exist in the trail and sidewalk system in order to create a continuous connected bike and pedestrian system in the city. In June 2018, the city learned it was approved by Dakota County for$32,000.00 in funding to create the plan. The City Council subsequently approved a Joint Powers Agreement with Dakota County accepting the funding. The funding provided by Dakota County was to be used to hire a consulting firm to lead the city through a public engagement process for developing the plan. Staff recently completed a Request for Proposal(RFP)process. This included direct mailing RFP's to seven planning consultants and posting the RFP on the city's website. Three proposals were submitted. Staff and members of the Park and Recreation Commission(PRC)reviewed the three proposals submitted. At the September PRC meeting the commission unanimously recommended to the City Council to hire Hoisington Koegler Group, Inc. (HKGI). HKGI is being recommended to complete the plan based on the following • received the highest average score of the three proposals submitted • amount of previous work experience with bike and pedestrian planning projects • past experience working with the city on developing the 2040 Comprehensive Plan and for the work it has done on creating approved individual park master plans, both of which involved a community engagement process. Additionally because the plan requires a public engagement process, the PRC discussed and recommended at its September meeting that the City Council approve the following organizations be represented on a Bike Pedestrian Plan Committee: • Park and Recreation Commission • Planning Commission • Farmington School District • Police or Fire Department • Rambling River Center Advisory Board • Two residents not affiliated with a community organization • Biking Advocacy organization(doesn't necessarily need to be from Farmington) • Farmington Business Association • Farmington Youth Sports organization The City Council identified one of its priorities was to forge opportunities with existing and new partners. Moving forward with creating a committee provides an opportunity for a partnership to be forged with members of the community who will serve on the committee. BUDGET IMPACT HKGI has proposed it will cost$32,000.00 to develop the Plan. The city has received funding of $32,000.00 from Dakota County to develop the Plan. As a result, the cost of developing the Plan will be budget neutral. ACTION REQUESTED The City Council is being asked to approve the following: • the attached agreement with HKGI to develop a city Bike Pedestrian Plan • the Bike Pedestrian Plan Committee structure that was recommended by the PRC ATTACHMENTS: Type Description D Contract Bike Pedestrian Plan Agreement with HKGI AGREEMENT AGREEMENT made this /`" day of , 2018, between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and HOISINGTON KOEGLER GROUP,INC., a Minnesota corporation("HKGI"). 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. HKGI Proposal dated August 31,2018,attached as Exhibit"A." C. Request for Proposal Bike Pedestrian Plan, 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, Contract Document "B" having the second priority and Contract Document"C"having the last priority. 2. OBLIGATIONS OF HKGI. HKGI shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay HKGI in accordance with the proposal. 4. SOFTWARE LICENSE. If the equipment provided by HKGI pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, HKGI shall pay all software licensing fees. HKGI shall also pay for all software updating fees for a period of one year following cutover. HKGI 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. HKGI shall complete its obligations on or before July 1, 2019. 7. PAYMENT. a. When the obligations of HKGI have been fulfilled and accepted,the City shall pay HKGI $32,000.00. Final payment shall be made not later than thirty (30) days after completion, certification thereof, and invoicing by HKGI. b. No final payment shall be made under this Contract until HKGI 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 HKGI 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 HKGI, 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, HKGI must pay any subcontractor within ten(10) days of the HKGI's receipt of payment from the City for undisputed services provided by the subcontractor. HKGI 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, HKGI shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from HKGI shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. WORKER'S COMPENSATION. HKGI 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. HKGI 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 HKGI shall continue to provide evidence of such coverage to City on an annual basis during the aforementioned period; or if any reason HKGI's work ceases before final payment, for a minimum period of three(3)years from the date HKGI ceases work. Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence 2 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. HKGI 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 HKGI pursuant to this Agreement. HKGI 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 HKGI receives a request to release data,HKGI must immediately notify City. City will give HKGI instructions concerning the release of the data to the requesting party before the data is released. HKGI agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from HKGI'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. HKGI shall maintain complete and accurate records of expenses involved in the performance of services. 14. 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. HKGI will include a similar provision in all subcontracts entered into for the performance of this contract. 15. INDEMNITY. HKGI 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 HKGI's performance of work or services provided for herein. 16. 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. 17. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 3 18. 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. 19. 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. 20. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to HKGI. In the event of termination, the City shall be obligated to HKGI for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. Dated: 0d / , 2018. CITY OF FARMINGTON By: s Todd Larson, Mayor By: avid McKn'_h • y Administrator Dated: 0c / , 2018 HOISINGTON KOEGLER ROUP,INC. 1 1 By: /L Its: 4 • r }1 . . + sC ' 4i " MEi 'r /ir ,R .. +l .zy r 0.' * ♦ _ s} ^ttehet_...„ ( .11;t1'..‘' Ttm' l _- rt-� _e• • " #a . •t' i} A.• rr R� rr �� rj ,r .' . ' } 2 �Y. °`4T ta ° 8*' ..,•.‘„,75',/-1,:d',. 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' a' .e. i 4 r i ' • .% .ter.^ .. -� ;� •.e i..y. ,a ., "4 !Y -. • ,. r 1 ter , 4 • - -.. `.**: :+jr...-- .'*:i.-',, r4C:t ' - * '• f + ,,s►MI ' " yea= J- poi`P, r '1 PROPOSAL FOR PLANNING SERVICES E')<I4 i 8i 1 frAll BIKE PEDESTRIAN PLAN FARMINGTO ,, MINNESOTA vk r,:,,<_ "^.s34 r ,,:-., :A, Tt 1 r,z, w: 5 ,74: E i:!4;;';'''. '.6:'47''''''''. r..34' .,x-4. ^fit,:,, >,'•§LcY .-, PreDarec by H <Gi• 111E1 August 31 , 2018 RIA �. �' x`' '�,. " �" '`"- `„ ',' 1 3 sp a r �� "4�,-J� + t '�k`"W, • ''�'�#'*,�� c�`'�� ' ;` • '�'�' �r r�.+'�v,�, +0 �yam, • �`�`` r s 7 4,.'��'' 4 a • % q ' `; -0' t .,o s # ». . . , it ; * ' ,-' , ' ...--7,..„,,,, I -4 1,4,,. :..- ' ''' t Arr ,..,, r ! C '�w- { 0401 ,f�' ' y A a' ,_ z Lopir.....4.0.0„.. ..4--- .yam 4 • 1 * , - ... . , - ... vn. ". ah ,..xi -_ .,m _....,,, t. < .. .¢ ,f444, > e'..-, a` ms" :.—'''',."..7, ,rte+ 00 �• '" -- <.'... " CONTENTS - - . . . - Tumz w - - g 01 INTRODUCTION •1 *.,, 'O`' 02 HISTORICAL INFORMATION 6 i � ' 03 PROJECT EXPERIENCE 7 ; 04 SCOPE OF WORK 13 � 4a t''' ''''''.N2-....A.:4—,, 05 COST AND SCHEDULE 19 A -. 1, 4 : z �� "• 7Sta. `°` ` --.--.5.7e..4.4..747, r .," .' cru x 4. „� , .< � 4..-k-,,,,,4,-,:j.,,., c.,',.-2,.-:. � .. n� `' . : , , a ,;% *..-<t , 4d ,` r -"' ` . t Al** . , . a. :{ uu- August 31,2018 kin Randy Distad,Parks and Recreation Director Hoisington Koegler Group Inc. Farmington Parks and Recreation Department Landscape Architecture 430 Third St. Planning Farmington,Minnesota 55024 Urban Design 123 N.3rd Street,Suite 100 Re: Proposal for Planning Services for Bike Pedestrian Plan(BPP) Minneapolis,MN 55401 612-338-0800 Dear Randy, We are pleased to submit this proposal to assist the City of Farmington in creating a new Bike Pedestrian Plan that will guide the evolution of the City's pedestrian and bicycle network for the next ten to twenty years.We understand the role that sidewalks,trails,greenways,and associated bicycling and pedestrian amenities play in creating a desirable place to live,work,play,and exercise and we understand the many factors that go into creating and maintaining a high- quality,convenient,and safe system. As you will see in this proposal,HKGi brings a wide variety of planning experience to this project—a mix of experience that we believe enables us to tackle this project with a broad perspective and an understanding of how other planning factors such as land use,demographic trends,regulatory tools,and COLLABORATE redevelopment opportunities might impact bicycle and pedestrian planning. The staff members we have assigned to this project bring a complementary LISTEN blend of skills,talents and interests that will enrich the planning process and the EXPLORE deliverables we produce for the City. CREATE I will serve as the Principal in Charge for this project,and Jody Rader,a talented urban planner and designer with HKGi,will serve as Project Manager. She brings bike/ped planning experience to this project as well as significant experience with Safe Routes to School planning and SHIP grant writing and administration. We are enthusiastic about the opportunity to continue our history of successful work and collaboration with the City of Farmington.We recently provided leadership and technical expertise for several key planning projects in Farmington including the Downtown Redevelopment Plan,the 2040 Comprehensive Plan Update,site concept planning and design for improvements to the Rambling River Center,and a sidewalk study in the downtown and Vermillion River Crossing area. We are eager to continue serving the Farmington HKGi believes that design, when community and collaborating with City staff. inspired by the character of the people If you have any questions about our proposal or would like to discuss this project and the land,can create a unique and and our qualifications in more detail,Jody can be contacted at 612-252-7136 or identifiable sense of community. jody@hkgi.com. I can be contacted at 612-252-7124 or bryan@hkgi.com. We look forward to speaking with you. Sincerely, L Bryan Harjes,PLA Jody Rader Vice President Project Manager FARMINCTO\, PAINN__SOTA LI INTRODUCTION Project Understanding The City of Farmington seeks to create a feasible long-term Bike Pedestrian Plan that establishes a community-supported vision for a connected,convenient,and enjoyable network of sidewalks,trails,greenways,and other bicycle/pedestrian facilities that will position the city to accommodate future growth patterns and CITY OF FARMINGTON respond to an increased demand for alternative transportation networks and an increased focus on health. The Bike Pedestrian Plan will guide the City by providing a prioritized,phased approach to future bike pedestrian improvements to be integrated into and expand on the City's current network of bike pedestrian facilities. BRYAN HARJES The Bike Pedestrian Plan will need to address a variety of issues such as PRINCIPAL IN CHARGE strengthening pedestrian connections;identifying gaps in the network and strategies for eliminating those gaps;guiding intersection improvements to increase Urban Design&Concept safety around key community destinations such as parks and schools;providing Development strategies for addressing existing infrastructural barriers,such as railroad crossings Community Engagement and highways,and non-infrastructural barriers,such as wayfinding planning;and identifying educational strategies to raise awareness of walking and biking as viable, enjoyable,and safe methods of transportation and recreation. The Bike Pedestrian Plan will also need to be integrated into the 2040 Comprehensive Plan Update. JODYRADER PROJECT MANAGER ; Staff Leadership and Roles Project Planning and Design Brief role statements for each staff member assigned to this project are included Community Engagement i below. More detailed resumes are included on subsequent pages. Bryan Harjes,PLA,LEED AP,will serve as Principal in Charge,providing guidance to the project team and quality control to ensure that the team produces a high GABRIELLE GRINDE ; quality planning process and deliverables. Bryan has provided project and design leadership on bike/ped and trail projects as well as projects that have included a LANDSCAPE strong bike/ped component. He is also familiar with Farmington's planning context ARCHITECT through his recent work on the Downtown Redevelopment Plan and a recent System Design sidewalk study focused on downtown and the Vermillion River Crossing. Jody Rader,an urban planner and designer with nine years of experience,will serve as Project Manager and will provide leadership for the planning and community JESSE THORN5EN engagement efforts. She served in a similar leadership role on the Bicycle and Pedestrian Plan in Fitchburg while with a previous employer. At HKGi she recently PLANNER provided bicycle and pedestrian planning expertise to the Cedar Avenue Transitway GIS&Mapping Station Area Planning for two locations in Eagan and also led the development Site Anal sis of the Glacial Edge Trail Master Plan and bike/ped connectivity planning for the y Downtown/Riverfront Master Plan for Fergus Falls. Gabrielle Grinde,PLA,will lend her system design expertise to the project. She brings a significant amount of experience conducting trail planning,including playing a key leadership role in the development of Dakota County's greenway CITY OF FARMINGTON network. She has also provided bike and pedestrian planning expertise for several parks and recreation system plans and comprehensive plans for communities in the BIKE PEDESTRIAN PLAN metropolitan region. Jesse Thornsen,AICP,LEED Green Assoc.,will provide planning support throughout the project,including mapping,GIS,transportation planning,and communication materials design. He has outstanding GIS and mapping skills,and he has also built a broad base of planning knowledge by staying abreast of new approaches,methods, and strategies in planning,particularly in the areas of mobility and connectivity. 1 BIKE PEDESTRIAN PLAN PROPOSAL ° "' Bryan Harjes PLA,LEED AP ____ Vice President I 612.252.7124 I bryan@hkgi.corn Ir I As aa principal with HKGi Bryan provides leadership on a broad range of planning 4.7 and design projects. His project work includes park and recreation planning, .. redevelopment planning,wayfinding planning,site master planning and design, 0 f 3 land use planning,and downtown revitalization. His involvement in numerous "? - .= award-winning planning and design projects attests to his expertise and creativity f " t as an urban designer. His leadership results in high quality solutions that enhance ti AI� - connectivity,promote sustainability,and are economically viable. Thanks to ?.sY,, his unique ability to listen to ideas and then quickly synthesize and transform them into conceptual drawings,Bryan's participation is particularly effective in Years of Experience:19 community meeting,public workshop and design charrette environments. Education Highlights of Bryan's bike and pedestrian planning experience includes playing • Master of Landscape Architecture a leading role on several trail, bikeway,and parks and recreation projects in the University of Minnesota City of Duluth's St.Louis River Corridor. His work on those projects included • Bachelor of Environmental Design improving access and connectivity to trails,bikeways,and pedestrian infrastructure throughout western Duluth neighborhoods within the corridor. Also,his leadership -University of Minnesota on the Cross City Trail project enabled community members to agree on a shared Registration vision after several previous attempts failed to establish meaningful consensus. • Landscape Architect,Minnesota, Bryan is currently leading the master planning process for the Minnehaha Creek License No.42954 Corridor in Minneapolis,a complex project that requires the development of Memberships/Affiliations potential solutions for a significant amount of bicycle and pedestrian circulation, » Urban Land Institute(ULI) access,and connectivity issues. He has also conducted connectivity planning for Sensible Land Use Coalition several redevelopment projects in which enhancing bike pedestrian access and » Minnesota Design Team safety are primary goals. These projects include station area planning for the SW (Houston,MN) LRT and the Bottineau LRT lines and the Northstar Commuter in Fridley. Awards » 2017ASLA MN Merit Award for Relevant Planning and Design Experience » Cross City Trail Master Plan I Duluth,MN Planning and Urban Design- National Water Trail Master Plan » Western Trail and Bikeway Master Plan I Duluth,MN Duluth Superior » Gate and Park Wayfinding and Signage Plan I Duluth,MN » 2016 AIA Minneapolis » Wayfinding and Signage Master Plan ( Hutchinson,MN Preservation Award-Minnehaha » Lakewalk Strategic Plan I Duluth,MN Park Refectory Renovation, » National Water Trail Master Plan I Duluth,MN Minneapolis » Minnehaha Creek Corridor Master Plan I Minneapolis,MN » 2014 APA-MN Innovation in » Complete Streets Study I Red Wing,MN Planning Award and 2013 ASLA- » Great River Passage Master Plan I Saint Paul,MN MN Merit Award for Analysis and Planning-Great River Passage, » Mississippi River Gorge Master Plan I Minneapolis,MN Saint Paul » St. Louis River Corridor Neighborhood Parks I Duluth,MN » 2010 Preservation Award- » Park and Recreation System Plan I Hutchinson, MN Minnesota Preservation Alliance » Minnehaha Park Refectory Site Plan-Sea Salt I Minneapolis,MN -Red Wing Downtown Action » Nokomis-Hiawatha Regional Park Master Plan I Minneapolis,MN Plan » NorthstarTODTIF District Master Plan I Fridley, MN » Bottineau LRT Station Area Planning I Hennepin County,MN » Louisiana Station Area Plan and Design Guidelines I St.Louis Park,MN » Downtown Redevelopment Plan I Farmington,MN !ARiMli\C;TO1, MINNESOTA Jody Rader Urban/Landscape Designer 612.252.7136 I jody@hkgi.com Jody is an urban and landscape designer skilled in conducting planning and design that promotes healthy living,sustainable ecosystems,and quality of life for all. She brings experience working with a variety of institutional,non-profit,governmental, and consulting firms to her project work at HKGi.Her broad project experience includes bicycle and pedestrian planning,park master planning,site planning and design,urban design and public space planning. Jody also brings past experience in architecture,community design,project and construction management to her work as a planner. She worked for several Years of Experience:9 years on the Gulf Coast following Hurricane Katrina,providing community design services. Education Since working at HKGi,Jody has provided design and leadership in the area of » Master of Landscape Architecture, bicycle and pedestrian planning on projects like the Cedar Avenue Transitway University of Minnesota,2015 Station Area Plan,which involved finding creative solutions to pedestrian access » B.S.Architecture,University of across high-volume roadways in a suburban setting. Prior to working at HKGi, Minnesota,2006 Jody served as project manager for MnDOT Safe Routes to School Planning, Membership through which she worked with dozens of schools and districts across the state of Minnesota.Subsequently,she has provided grant-writing services to Anoka and » ASLA,Associate Member Dakota County to help implement recommendations from these plans. » Association for Community Design In 2016,Jody served as project manager for a Bicycle and Pedestrian Plan for Awards Fitchburg,Wisconsin,a city with developable areas and existing neighborhoods » ASLA Student Honor Award in need of network connections.A community-specific approach to language and » College of Design Student recommendations,along with tailoring facility guidelines to the community's needs Excellence and Scholarship Award and working very closely with an advisory committee and City staff lead to the » HUD Innovation in Affordable successful adoption of this plan in 2017. Housing Finalist Relevant Project Experience Professional Activities » Cedar Avenue Transitway Eagan Station Area Planning I Dakota County,MN » Bike Walk MN 2018 Conference, » Grant Writing Assistance I Dakota County,MN Presenter » SHIP Grant Writing I Anoka County,MN • ASLA-MN Executive Committee, » Comprehensive Plan I Farmington,MN Student Chapter Liaison » Glacial Edge Trail Master Plan I Fergus Falls, MN » ASLA-MN Step-Up Intern Program » Downtown&Riverfront Master Plan I Fergus Falls,MN Chair » Cross-City Trail Master Plan I Duluth,MN » Represent ASLA-MN at planning, and design related conferences » *Fitchburg Bicycle and Pedestrian Plan I Fitchburg,WI • Guest reviewer for the College » *Design Standards for Entryway Corridors I Bozeman,MT of Design at the University of » *Kenilworth Trail Landscape Design&Engagement I Minneapolis,MN Minnesota » *MnDOT Safe Routes to School Planning I Minnesota • WILA(Women in Landscape » *Nice Ride Systems Planning I Minneapolis,MN Architecture)Co-chair » North and South Valley Parks Active Living Master Plan I Inver Grove Heights,MN » Minnehaha Parkway Regional Trail Master Plan I Minneapolis,MN » Mississippi River Gorge Park Master Plan I Minneapolis,MN » Kinnickinnic River Corridor Master Plan I River Falls,WI • East Town Small Area Plan I Excelsior,MN » Comprehensive Plan I Inver Grove Heights,MN 3 BIKE PEDESTRIAN PLAN PROPOSAL ::!!:1:-St Gabrielle Grinde ASLA,PLA Landscape Architect I 612.252.7141 I gabrielle@hkgi.com Gabrielle has developed a strong portfolio of parks,trails,open space,and 1r �' ,1 recreation related project work and has also been an important contributor �" ` to a growing number of community development projects involving nature education,public arts,and cultural heritage. She has been heavily involved in the planning and creation of Dakota County's innovative greenway network, Lfr including contributing to planning for the overall network and providing project z ; management and planning leadership for eight of the networks greenway master 11 4v plans. For several years,Gabrielle has contributed to HKGi's comprehensive planning Years of Experience:10 efforts by leading the development of the parks and recreation chapters,which Education: typically includes trail planning. She has also provided leadership and planning • Master of Landscape expertise on several park and recreation system plans for communities such as Architecture University of Maple Grove, Elk River,Inver Grove Heights,and Rochester. These system plans also Minnesota routinely include an emphasis on trail planning and bike/ped connectivity. » Port Cities Study Abroad: Gabrielle's trail and bikeway planning portfolio includes Duluth's Western Trail and Lisbon,Barcelona,and Venice- Bikeway Plan Update and the citywide Trail and Bikeway Plan;the Munger Trail University of Minnesota Spur Connector Plan in Hermantown;and the Glacial Edge Trail in Fergus Falls. She » B.A.-Political Science, also has experience designing trails for construction and was part of the team that University of Wisconsin designed the final segment of the North Urban Regional Trail (now the River to River Greenway). She has also provided grant writing services to Dakota County Registration: for several years and has been a key to securing funding for several bike/ped » Landscape Architect,Minnesota improvement projects in the county via the state's SHIP program. License No.50416 Memberships/Affiliations: Park and Recreation Planning Experience • American Society of Landscape • Greenway Master Plans(multiple greenways) I Dakota County,MN Architects-Minnesota Chapter » Greenway Collaborative Guidebook I Dakota County,MN » SHIP Grant Writing I Dakota County, MN Awards: • 2015 MN APA Planning in » North Urban Regional Trail Construction I Dakota County,MN Context Award-Moorhead » Spring Lake Park Reserve Trail Design I Dakota County,MN River Corridor Plan » Glacial Edge Trail Master Plan I Fergus Falls,MN » 2015 MNDOT Stewardship » Western Trails and Bikeway Plan Update I Duluth,MN Award in Transportation and » Robert Piram Regional Trail I Dakota County and Saint Paul,MN the Natural Environment-River » Park and Recreation System Plan I Maple Grove,MN to River Greenway,Dakota » Parks and Recreation Master Plan I Elk River,MN County,MN » Mississippi River Gorge Master Plan I Minneapolis,MN » 2014 ASLA-MN Merit Award; 2014 MN APA Innovation in » Lakewalk Strategic Plan I Duluth,MN Planning Award;2013 ASLA- » St.Louis River Corridor Vision I Duluth,MN CO Merit Award-Great River » Trail and Bikeway Plan ( Duluth, MN Passage,Saint Paul » Munger Trail Spur Connector Plan I Hermantown,MN • 2012 ASLA-MN Merit Award » Park and Recreation System Master Plan I Inver Grove Heights,MN for Planning-Dakota County » Parks and Recreation Master Plan I Rochester,MN Greenways:Minnesota River » Park and Recreation System Master Plan I Saint Paul,MN and North Creek,Dakota » Great River Passage Master Plan I Saint Paul,MN County,MN » Recreation and Parks Master Plan I Brooklyn Park,MN FARMINGTON, MINNESOTA 4 Jesse Thornsen AICP,LEED Green Assoc. 1„. , , AO Planner I 612.252.7129 I jesse@hkgi.com Jesse is a certified planner who brings experience and an interest in a variety of planning topics,including transportation,mobility and connectivity. He has l! provided planning expertise and support for comprehensive plans for several : metropolitan area communities and has a solid understanding of planning 5 requirements within the metro. He also brings a strong graphic design sensibility y ' and skill set to his work and excels at producing communications materials that are attractive,user-friendly and communicate clearly. The bulk of Jesse's transportation and bike/ped related planning work was Years of Experience:4 conducted for the Houston Galveston Area Council,his previous employer. For the HGAC he contributed review services for the Houston Bike Plan,conducted bicycle! Education pedestrian counts and evaluations,created a site design plan for White Oak Village » B.S.Community and Regional that was designed to have a strong integration with surrounding trail amenities, Planning-Iowa State University, and provided mapping services for Sunday Streets, Houston's version of Open 2012 Streets. He also provided planning services to highway several highway studies in the Houston area. Registration He recently attended the Transportation Research Board Annual Meeting to » American Institute of Certified enhance his transportation planning knowledge base. Jesse strives to bring a Planners-Cert.#028951 user-friendly approach to ensuring that streets and communities meet mobility and » LEED Green Associate-Cert. access needs while being safe,inviting,economically productive,and healthy. #10733040 Relevant Planning Experience Professional Development » *Houston Sunday Streets Mapping I Houston,TX » Transportation Research Board » *SH 146 Corridor Subregional Transportation Initiative I Baytown,TX Annual Meeting 201$ » *Houston Bike Plan I Houston,TX » *US 290 Value Capture Study I Houston Region,TX » *H-GAC Pedestrian Evaluation Tool I Houston-Galveston Region,TX » *H-GAC Bicycle and Pedestrian Documentation I Houston-Galveston Region,TX • *White Oak Village Trail Oriented Development I Houston,TX » *SH 249 Access Management Study I Houston,TXComprehensive Plan I Chaska, MN » Comprehensive Plan I Columbia Heights,MN » Comprehensive Plan I Dakota County,MN » Comprehensive Plan I Eagan,MN » Comprehensive Plan I Greenfield,MN » Comprehensive Plan I Inver Grove Heights,MN » Comprehensive Plan I Kasson,MN » 105th Avenue Area Master Plan I Maple Grove,MN » Comprehensive Plan I Maplewood,MN » Uniform Development Code/Zoning Ordinance Update I Onalaska,WI » Comprehensive Plan I Red Wing,MN » Comprehensive Plan I South St.Paul,MN » Downtown Master Plan I St.Francis,MN » Comprehensive Plan ( Stillwater,MN » Comprehensive Plan I Victoria,MN 5 BIKE PEDESTRIAN PLAN PROPOSAL HISTORICAL INFORMATION HKGi For more than thirty years HKGi has helped communities create great places for people to live,work and play. Our planners and landscape architects understand Q the issues communities face as they grow and evolve because we have worked with community leaders to learn about the needs of their stakeholders and produced tools to help them build great places. HKGi combines experience and knowledge 123 North Third Street Suite 100 with creativity,sound project management and strong leadership to provide clients Minneapolis,Minnesota 55401 with efficient,effective urban planning and design services. p: 612.338.0800 Our planning and design approach is built around four core principles: f: 612.338.6838 w: www.hkgi.com Collaborate Est.1982 Community members,stakeholders,clients and consultants combine their creativity, Principals: passion,insight,and skill to build great places. » Paul Paige,PLA,President Listen » Brad Scheib,AICP,Vice President We use the ideas and knowledge provided by community members,stakeholders, » Bryan Harjes,PLA,LEED AP,Vice and clients to develop plans and designs that help the community achieve its vision. President Explore Associates: » Jeff McMenimen,PLA Our ability to explore potential opportunities and strategies with clients and » Rita Trapp,AICP,LEED AP communities allow the best solutions to emerge. • Jeff Miller,AICP Create Staff: We strive to create plans and designs that produce positive results for our clients, » 7 Licensed Landscape Architects which allows us to achieve our goal: to create great places that enrich people's lives. » 5 Certified Planners • 6 Planners/Urban Designers HKGi's Advantage » 1 Communications Staff Among the core issues HKGi's planners typically face across a variety of project types are issues related to connectivity,particularly the ability of communities to provide safe,reliable bicycle and pedestrian facilities. This issue is present in much of our park and recreation planning but is also a key issue in our redevelopment planning, site design,streetscape,and comprehensive planning projects. This broad base of experience and knowledge means that we are able to better understand how land use,design guidelines,and other planning policies and initiatives can impact bike and pedestrian planning efforts. Another advantage that HKGi will bring to this project is the depth of our community engagement experience and the way in which we use community input to inform our planning work. The Bike Pedestrian Plan we develop will be unique and custom-designed to meet the needs and vision expressed by Farmington's residents and stakeholders. We will use industry standards and best practices as a framework for the plan,but the heart of the plan will originate with the specific input we collect from the community. HKGi has collaborated with the City of Farmington on many projects over the course of many years,including recent comprehensive and downtown planning projects,and we also have a long-standing planning relationship with Dakota County that will aid in this planning process. Finally,as our staff resumes and the following pages demonstrate, HKGi has a broad Planning range of bike/ped-specific planning experience. We have developed bike pedestrian Landscape Architecture plans,trail system plans,trail and greenway master plans,Safe Routes to School Urban Design planning,sidewalk studies,trail design and construction administration,and grant writing for bike/ped mobility and connectivity projects. FARVIV TuN, AIN v->OFA PROJECT EXPERIENCE Fitchburg Bicycle and Pedestrian Plan* Fitchburg,Wisconsin f . yy Recommended Bicycle Route NeMrorka 7 .... City of Fitchburg ,...�....... Bicycle and Pedestrian Plan 2017 t ." . �. Moss. ,a.«. p .....r.+.+.,. Lin. ��. * R.wnr....u.. [C f€ hA4r L , tow,..w w.► ---,....,mk:i ,.4... i rp ,.., j .;.Row•... #` 3..,.Moss..w.. — •, i. .. 111111111.1 IIIIIIII Fitchburg Bicycle Route Network Plan Jody Rader served as the Project Manager and Project Planner*for the City of Fitchburg,Wisconsin as they created a Bicycle and Pedestrian Plan in 2016,an update to a previous plan that was completed in 2008.The previous plan,while thorough in inventory,had lacked community input and recommendations had been nearly impossible to implement.The Fitchburg community is known throughout the Midwest for having high quality trail facilities and a tight-knit community that is enthusiastic about biking.Through working closely with a Bicycle and Pedestrian Advisory Committee,city staff,and engaging the community Reference through a robust public process,an implementable and community-supported plan Wade Thompson was adopted in 2017. Resource/Project Manager and Through careful site analysis,which included reviewing crash data,analysis of Planner crowd-sourced commuter route data,and proposed changes in land use,the plan City of Fitchburg addressed a growing demand for north-south commuter routes for bicycling and (608)270-4258 neighborhood connections to these routes.The plan also addressed both rural wade.thompson@fitchburgwi.gov and urban contexts,with specific recommendations tailored to paved shoulder treatments.Through the process,it was determined that two distinct network plans, one each for bicycling and one for pedestrians,would serve the community best, with a neighborhood-specific approach to closing sidewalk gaps and prioritizing intersection treatments in areas where public transportation is used most. *project performed with another firm prior to joining HKGi 7 BIKE PEDESTRIAN PLAN PROPOSAL Trail and Bikeway Planning Duluth,Minnesota i Phasing i 4 � � Completed „ _ 41111110 Short-term(0-5 Years) a Long-term(5-10+Years) ., I P, .in . . 0 Wheeler, a a t) pwerParii W! ,n..�. ....,2•••,,,, 9'x94 a•.' • •'�gC� 9, • ,ate••�, rlr •'Q. Bong Br ilist l� .. �[_/1 ••¢`5 Conned 1 I ,..`t,e'..coa ., ••`OHO . a..... .. 41‘ I ..., • �• •41Q9 Grassy PointT me-- Connection 1 Pani' `' ' Upper/Lower Cross City Trail Loop Opportunity - ,;),eer ...... x.niwe•a!xmn•x,m. -- Willard MungerTrailhead Connexion at Lake 07 _ ilki r Superior Zoo/Fairmont Park # i Ili 0e.E, o®aai mom s Willard Munger ' i - Trail Connection iiii . t� � SIGNATURE TRAILHEAD KIOSK A 2 HKGi has provided leadership and planning expertise for several park,trial, The phasing plan for the Cross City recreation,and open space planning projects in Duluth over the past decade, Trail MasterPlan(left)and examples of beginning with the award-winning Park and Recreation Master Plan through wayfinding signage designed for Duluth's gateways,trailheads,and parks and a variety of ambitious planning projects for the St.Louis River Corridor and its recreation system. surrounding neighborhoods. Some highlights of HKGi's work in Duluth include the Cross City Trail Master Plan, which will establish a multi-purpose,non-motorized trail connecting the Lakewalk in downtown Duluth to Becks Road and the Willard Munger Trail in west Duluth. HKGi's Reference work on the trail master plan included building consensus among the community Lisa Luokkala,Senior Park Planner and enabling trail planning and design to progress. City of Duluth The Western Trails and Bikeway Master Plan Update addresses the wide variety 218-730-4300 of trails in west Duluth and the St. Louis River Corridor. Planning addressed the Iluokkala@duluthmn.gov needs and standards required to accommodate hikers,cyclists,mountain bikers, equestrians,cross-country skiers,snowmobilers,ATV drivers,and off-leash dog walkers. In addition,planning is intended to ensure ADA accessibility to not only in trail access and design but also in wayfinding and other trail amenities. HKGi also conducted wayfinding planning for the City's park and trail system. HKGi's role on the project was to identify wayfinding needs and locations for wayfinding signage and to work with the signage designer to design a signage system that would address a variety of wayfinding needs within the system. 9 BIKE PEDESTRIAN PLAN PROPOSAL Glacial Edge Trail Master Plan Fergus Falls,Minnesota , i 250TH ST OPTION > NORTH 244TH ST F °•m., m CENTRAL , I1 OPTION L L SEGMENT CHAUTAUQUA ICE i i I i 1,,} MARGIN LOOP i i FAR NORTH . ' o00Lti D OPT N °i SEGMENT ! Li , ,,,,,.__ ?). , CENTRAL TANRI41. TI,,. .. fAtc SEGMENT _ �E '1 LLS I Section drawings illustrate recommended CROSSING � t 4 i improvements in relation to the landscape. LT..r. .' OTPION\ SOUTH IJ �.___� h SEGMENT ; —1"-',—/‘../.r' CROSSING ' i OPTION amu I , ) ILC_ONNECTON , ��V j '--' ---L? �'v 025 0 5 'Miles ,. The Glacial Edge Trail Route Map illustrates preferred alignments for the four trail segments including The trail master plan identifies safety- potential spur and loop connections in the South and Far North segments,and alignment options for related intersection treatments along the downtown and the North Central Segment. trail. This map is keyed to a matrix that identifies recommended improvements. The Glacial Edge Trail Master Plan establishes the framework for completion of a 14-mile destination regional trail that will provide a vital link to several other area destinations such as the Central Lakes State Trail,the Otter Tail River,downtown Fergus Falls and its River Walk,the Prairie Wetlands Learning Centre,and the Chautauqua Ice Margin. The trail is also designed to facilitate future links to Maplewood State Park,the Heartland State Trail,and the North Country Trail which Reference will one day provide a non-motorized trail running from North Dakota to Vermont. Amy Baldwin,Economic HKGi's trail planners worked with the community to identify trail alignments for Development Director four distinct segments,from the trailhead linking to the Central Lakes Trail in the City of Fergus Falls south,through downtown Fergus Falls and the Otter Tail River,then north past the 218-332-5428 Historic Kirkbride Campus and the M State campus before travelling east through an amy.baldwinesci.fergus falls.mn.us agricultural landscape marked by ice age glacial features. In addition to recommended alignments,the master plan includes an inventory of existing conditions and experiences available along the trail and recommendations for trail,trailhead and intersection designs,improvements,and amenities. The implementation chapter includes project phasing recommendations;cost estimates for construction and land acquisition;and information and recommendations for ecological stewardship,management and operations,programming,funding,and outreach and marketing. FARMINGTON, MINNESOTA NID River to River Greenway Design and Master Planning Dakota County,Minnesota �....»'/AIng�YS,rlily 0 # _ P 1 , , aN a Fz r.-cwsl - .t n .tin b_ 1111111r1 s . a-� i _ • ...._.: i _ . 1w , .... ........, .....„ - -- ,..„...t, ..... r 3^ '� i 1{ifii a .., .... ^tea ,,E ', frlu''fi' it. ir�i * ,2 J * # "f air kir aimg py �, &z' ,#..." , 'a '"- 4f Ysiif�hdiiw, �"�. � Yia e+s .i. x t • t ,. a+ 4Lx+ 0'_, firs ' a ° 4,.m, Nrtw.l v. e _.x� ., �^. ,* "�� `a Design for the trailhead included A + ' r�. �_ wayhnding signage(above). Providing � � safe crossing for students from Sibley Nigh ' _- -���* School(top left)and arkingstrategiesfor , - p ---' — Dodge Nature Center(bottom left)were also part of the design considerations. t a 0.0 meg 1, 7- , , _ nr:lai oWc�yw M.,tfaa:. o<1-"\'''''''''''"""7:::._ �.�.. , ^—�", .. ..4. U+a.-mss Travelling through a densely developed suburban corridor in Mendota Heights, West St.Paul,and South St.Paul,the River to River Greenway(formerly known as MI the North Urban Regional Trail) is a multi-use trail that connects the Minnesota and Q(":47NT.. O141Y}O�'1LlICN Mississippi Rivers. When completed the River to River Greenway will be one of the 2015 Stewardship Award in first complete greenway trails in the Dakota County Greenway System and will be a Transportation and the Natural big step towards accomplishing the County's vision for the system. Environment HKGi played a key role in the preliminary planning and final construction design of MnDOT a one-mile trail segment to complete the trail.HKGi's work focused on the design of the landscape,trail amenities,and trailheads in coordination with the project Reference engineer's work on trail design and stormwater planning.HKGi's ability to engage Chris Hartzell,PE,Senior Project key stakeholders at Sibley High School and the Dodge Nature Center to address their Manager concerns about trail alignments adjacent to their property was essential to gaining Dakota County Parks community support and allowing the project to be completed. This work resulted 952-891-7106 in the creation of an outdoor amphitheater and learning lab for use by the school Chris.HartzellCaco.dakota.mn.us within the greenway project area. Following completion of this segment of the greenway,HKGi was retained to conduct concept planning for trailheads at different points throughout the River to River Greenway. These projects continue the long-standing relationship that HKGi has developed with Dakota County to plan and design parks,trails,and greenways. 11 BIKE PEDESTRIAN PLAN PROPOSAL Grant Writing Services ', E ' T F` - d I � a ate -. ,..... fi ... :.g'' 'i ailk 4 r 1 I l L. - ' JF � ., ., . ,,,,,...,. -- --- : I N 91110.181."., 7..,:,..' ''''', R ",. , ,,, ,.: 7, t. 1 o. . -..,,,,,t x � ' '....4‘`,1.-/- y 4. • ti::1" '- z.6„;,. � '�T a y ' L.- -,,,,o;11' w� 4� , y �. ..:IL, k P t Rf - lim lit *'M yL... #: , �F vers EAry '7a.IIF t�++ F� R ti 4wo 1W Scc�c»uon f-. : f A , ' ico, _.... Itwi 'il.I - ''414:7171.; t"411• , ,, s. Since 2009 HKGi has assisted cities and counties in securing more than $21 million HKGi works with communities to match in funding from a multitude of funding sources. Projects funded have ranged from projects with the appropriate grant downtown master planning,to community/school gardens,to identifying how to opportunities,and prepares grant applications that successfully convey why develop an arts campus in a community. The funding has supported active living the project should receive grant funding. initiatives,park and trail development,bridge construction,lighting,wayfinding and Successful grants have secured funding for interpretation signage,and amenities such as benches and bike racks. community gardens,trails,Safe Routes to Schools,and downtown master planning. With dozens of governmental units involved,akey component of HKGI's success lies in evaluating potential projects and assisting communities in better positioning themselves to seek grant sources.This has occurred at many scales,including the Reference preparation of project site plans,project master plans,and the preparation of system-wide park and trail plans and comprehensive plans. i it Leatham,Planner Dakota County Successful Grants 2009-2018 952-891-7159 Grant Program Number Amount lil.leatham@co.dakota.mn.us Regional Solicitation 12 $10.8 million MnDNR 10 $1.8 million Gretchen Etzler,SHIP Coordinator Anoka County MnDOT Safe Routes to Schools 7 $1.0 million 763-422-7234 MnDOT Scenic Byways 2 $800,000 gretchen.etzler@co.anoka.mn.us Federal Lands Access Program 1 $600,000 Mn Historical Society Historical and Cultural Heritage Grant 1 $106,800 i._,ARiMIiNGT0N, MIN''vFSOTA 12 SCOPE OF WORK Proposed Scope of Work The following tasks represent our proposed planning process to complete the Farmington Bike Pedestrian Plan (BPP),assuming that the project will commence November 1st,2018 and be fully completed by June 30th,2019.This process is based on information provided in the RFP and a phone call with staff on August 21st,2018. We view this work plan as a starting point for arriving at a final scope consistent to meet the city's desired schedule and project outcomes. TASK 1 MEETINGS Task 1 - Organize the Effort » Kick Off Day and System Tour—one (November through December 2018) day The objective of this first task is to build the foundation for the system planning » Stakeholder Interviews(In Person)- process.In this task,HKGi will set the project tasks and meetings schedule, one to two days collaborate with city staff to develop the Community Engagement plan,and draft » City Staff Check-In Calls(as needed) outreach content for the City's website and print media.A community survey will be launched and stakeholder listening sessions will be conducted. TASK 1 DELIVERABLES: 1.1 Kick off Meeting and System Tour (November 2018) » Kick off day agenda and notes A"kick off day"will serve to collect information and build relationships between the • Community Engagement Plan consulting team and the City.The day will include a meeting with key City Staff to • Project outreach materials discuss the parameters of the project,the project schedule and set expectations, » Stakeholder listening session as well as discuss current issues specific to walking and biking in Farmington.The meeting notes group will then tour specific sites of the existing system with city staff.The tour will allow the HKGi team to get acquainted with Farmington's existing bicycle and pedestrian network,collect photos of key sites,and gain an understanding of the physical opportunities and challenges in the city. 1.2 Develop Public Outreach Materials We will work with staff to identify appropriate materials needed to spread BPP messaging through the City website,and social media,as well as printed items such as business cards or flyers.These materials will set the tone,branding,and graphic quality for the project. The BPP Committee could include representatives from: 1.3 Develop Community Engagement Plan youth groups We will work with staff to identify the members of the BPP Committee,which will • seniors groups meet(3)times throughout the process to provide direction and technical insight, • health-related interest groups or and will be tasked with providing local expertise.The BPP Committee should be • advocates for the handicapped or inclusive of the Farmington community,with a balanced range of participants disabled regarding gender,age,race,ethnicity,and abilities. » bicycle and outdoor enthusiasts The Community Engagement Plan will refine specific methods(online surveys, in person interviews,and public events/open houses)and determine a detailed schedule that is compatible with existing community events,in order to reach as many people as possible throughout the planning process. 1.4 Develop and Launch Community Survey A broad-reaching web-based community survey will be launched,with the intention of gathering information from the public about specific barriers to walking and biking in Farmington,as well as identifying key community destinations.This survey Social Pinpointexampie.visit will be launched using the Social Pinpoint platform,which is an interactive mapping bit.ly/MinnehahaCreekMap tool that allows users to place points on a map and provide comments. Participants dirk tha Hnlvgraphic to vi-cv,a laaa can view comments made by others,and indicate if they'like'or'dislike'ideas. a>zam pL BIKE PLDLSTRIAN PLAN PROPOSAL 1.5 Conduct Stakeholder Listening Sessions It is envisioned that the stakeholder listening sessions will take place over the course of one to two days,and each session will last one to two hours.We will work with staff to determine the appropriate location,date and time to accommodate stakeholder schedules.The intention of this task is to gather information from specific user groups or community experts on bicycle and pedestrian-related topics. City staff and HKGi will coordinate invitations and outreach for the listening sessions. Task 2 - Inventory and Analysis (Mid-November 2018 through February 2019) With the understanding that the overall project schedule is commencing over the holiday season,HKGi has adjusted the proposed project plan to overlap significant portions of Task 1 and 2,with the intention of completing a significant amount of information gathering and analysis during the month of December,and getting a head start with the Bike Pedestrian Plan Committee and a Community Open House as soon as the New Year begins. This task will include the collection and analysis of base information,such as GIS files,reviewing existing and concurrent plans,and creating a set of base maps that will be used to perform analysis on the existing roadway and trail network.We will look at the data collected for the City's comprehensive plan and determine how it influences the current and future bicycle and pedestrian network.We will conduct an evaluation of service and facility gaps and overlaps based on accessibility,usage, quality and connectedness.We will concurrently review,audit,and synthesize key findings and directions from applicable background and related documents.This task will also focus on assessing community needs,opportunities,and priorities. Demographic analysis will evaluate how the community has changed,as well as TASK 2 MEETINGS project influences of demographic and Active Living trends into the future. » City Staff Meeting(Conference Call) Additionally,this task will engage with the Bike Pedestrian Plan(BPP)Committee, „ 8FF Committee Meeting#1 setting the stage for creating a shared language around bicycle and pedestrian » Community Open House facilities,and jumping into identifying issues and opportunities.With the help of the BPP Committee and city staff, HKGi will host a community-wide open house mid- January to identify issues and opportunities and collect feedback from the public TASK 2 DELIVERABLES: on network gaps and priorities for the plan.This task will culminate with a prepared » Analysis map sets Issues and Opportunities Report,which will summarize findings to-date. Summary of reviewed plans 2.1 Assemble Background Data » Facilitated BPP Committee meeting Assemble GIS data for existing and planned sidewalks,trails,bikeways and related and accompanying support facilities.The City will provide HKGi with GIS data,as well as supporting data such as materials park boundaries,community destinations,topography and local transportation data. » Issues and Opportunities Report, The City should also provide any data related to asset management,transportation to include full summary of analysis, systems and previous planning efforts related to the bicycle and pedestrian network. reviewed plans,community HKGi will work with city staff to address data requests. engagement and identified issues,opportunities and guiding 2.2 Review Relevant Plans principles Analyze and review existing plans and other relevant background material to » City Staff meeting agenda and understand the history and trajectory of bicycle and pedestrian planning in summary Farmington,as well as current and proposed land uses,development patterns,and » Community Open House materials transportation networks.These plans include the 2030 and 2040 Comprehensive and results Plan,Safe Routes to School Plans,previous bicycle and pedestrian plan documents and transportation studies. FARiMINGTON, MIN IFSOTA - 2.3 Perform System Analysis Compile all existing condition data and perform analysis to find network gaps and identify issues,opportunities,and challenges to creating a well-connected and convenient system.Qualitative data,such as information gathered through listening sessions,insight from city staff,site observation,and community input from Social Pinpoint will be layered with existing inventory and existing conditions to fully understand the existing and future system.This sub-task will lay the groundwork for the draft plan framework and recommendations. 2.4 City Staff Meeting (December 2018) Facilitate a video-conference meeting(Go-To Meeting)with city staff to review the in-progress analysis and community engagement and coordinate for the upcoming BPP Committee meeting and Community Open House. 2.5 BPP Committee Meeting #1 (January 2019) Facilitate Bike Pedestrian Plan(BPP)Committee Meeting#1.During this meeting,the North and South Valley Parks project schedule and process,Committee roles and responsibilities,and outcomes ALiving "9M ' Plan ' "' ' ""` will be presented.Observations,in-progress site analysis and take-aways from the Social Pinpoint survey will be shared and the Committee will be asked to discuss issues,opportunities,and goals.Committee members will also be asked to weigh in „ _--- on draft materials for the upcoming community open house.Since the Committee , •° will be a diverse group,with a variety of backgrounds,this meeting will also lay the groundwork for understanding a common vocabulary of bicycle and pedestrian ,. . planning and facilities that will continue throughout the planning process. Committee members will be tasked with completing a walk/bike audit on their own, and reporting back their findings at the next Committee meeting. 2.6 Community Open House#1 (January 2019) $ x We will host a community open house to share project information with the community as well as gather feedback on issues and opportunities that are a priority for residents of Farmington.Participants will be encouraged to provide feedback —_ -- _ in a variety of methods(print,verbal,web-based).Preferably,this open house will be planned in conjunction with a planned community event to make it easy and convenient for as many residents as possible to participate.We will coordinate with city staff to assist with outreach efforts for this event. 2.7 Process Community Feedback .,' We will assemble and analyze all community feedback received during the Community Open House,the BPP Committee Meeting and the Social Pinpoint 1 Community Survey in a digestible,visually pleasing report. { ry 2.8 Prepare an Issues and Opportunities Report We will prepare an Issues and Opportunities Report,for staff review and approval, \ which will summarize all of the existing conditions,analysis,and community engagement gathered during Tasks 1 and 2,as well as identified issues and f-IVGiled aWQIk-auditWith city staff and opportunities and guiding principles for the Plan and System Recommendations. the Perks and Recreation Committee to assess existing conditions for an Active Living Master Pian,in coordination with Dakota County SHIP.Above,city sta~an'I committee members assess sight-fires and the woik audit form cieaten'b,;`-I,i\Gi. 1'' BIKE PEDESTRIAN PLAN PROPOSAL, Task 3 - Plan & System Recommendations The following components will (February 2019-April 2019) be key to the draft plan and This task will build on the site analysis,community engagement,and guiding recommendations: principles developed in Tasks 1 and 2. » Multi-use trail or greenway Following development of the Issues and Opportunities report,we will develop a connections to existing trails and draft plan and system recommendations.The system plan will be action oriented parks with specific recommendations and strategies to achieve the vision as understood » Sidewalk and pedestrian through Tasks 1 and 2.We will work closely with city staff to understand the facilities connections,especially in areas and strategies that will best fit the Farmington community,as well as identify non- with transit connections,and infrastructural actions,such as evaluation and encouragement tools,that will build near higher-density residential community support for the plan and assist with fundraising or grant-writing efforts. and commercial areas,and near Task 3 will include a hands-on staff workshop,a BPP Committee meeting,a community destinations such as second Community Open House and an online survey to create a draft plan that is schools and parks implementable, understandable,and is supported by the community. » Intersection and crossing treatments across high-volume 3.1 Develop Draft Plan Framework roadways We will develop a draft plan framework that is specifically tailored to the site analysis » Rural bicycle and pedestrian and feedback received from the community.This framework will lay out a network connections hierarchy of connections and facilities,define the appropriate vocabulary to be » Future residential development used throughout the system plan,and determine an outline of specific plan and and roadway networks system deliverables that will be most beneficial and useful for city staff as the plan is » Signage,wayfinding,and implemented. communications Education,evaluation,and 3.2 Develop System Plan and Recommendations In tandem with the draft plan framework,we will work to develop a system plan encouragement tools and recommendations that will address the system as a whole and take into Incentives or programs for consideration open spaces,trails,sidewalks,on-and off-street facilities,urban businesses to support plan design and street-level amenities.We will employ the principles of active living, initiatives as well as the most up-to-date standards as set forth by NACTO,AASHTO,and the Minnesota Bicycle Design Guidelines,in combination with experience working on trail and system plans throughout the region,to create the draft plan and system recommendations for Farmington. 3.3 City Staff Workshop (February 2019) We will meet with staff in a collaborative,workshop setting to review the draft plan framework and begin developing the draft plan and system recommendations. Involvement by city representatives from Public Works,Parks and Recreation,and Transportation will be key to the success of this workshop,as it will set the stage for the draft plan. 3.4 BPP Committee Meeting #2 (March 2019) We will present an in-progress draft plan and recommendations and review findings + ` from the walk/bike audits that were performed by Committee members since the last meeting,as well as review final results from the Social Pinpoint community survey.We will continue to build a shared vocabulary of facilities and treatments 41, with the Committee during this meeting,and gather feedback that will move plan development forward.Committee members will be tasked with'ground-truthing' . a number of draft plan recommendations at specific locations and reporting Workshop to develop facility and route back to the group and project team.We will facilitate materials,direction,and recommendations during the Cedar Avenue communication platforms to gather this feedback. Transitway Station Area Plan process FARMINGTON, MINNESOTA 16 TASK 3 MEETINGS 3.5 City Staff Meeting (March 2019) City Staff Workshop Facilitate a video-conference meeting (Go-To Meeting)with city staff to review the BPP Committee Meeting in-progress draft plan and recommendations,as well as prepare and coordinate for » City Staff Meeting(Conference Call) the upcoming Community Open House. » Community Open House#2 3.6 Community Open House #2 (April 2019) We will host a community open house to present the draft plan and TASK 3 DELIVERABLES: recommendations with the community and gather feedback to develop phasing » Draft Plan Framework and implementation strategies.Participants will be encouraged to provide feedback » Draft Bike Pedestrian Plan and in a variety of methods(print,verbal,web-based).Preferably,this open house will System Framework be planned in conjunction with a planned community event to make it easy and » Facilitated BPP Committee meeting convenient for as many residents as possible to participate.We will coordinate with and accompanying support city staff to assist with outreach efforts for this event. materials 3.7 Develop and Launch Community Survey#2 » City Staff meeting agendas and In addition to receiving feedback from the community face-to-face at the summaries Community Open House,an online community survey will be launched concurrently » Community Open House#2 to gather broad community input on the draft system plan and recommendations. materials and results We will work closely with city staff to determine the best distribution method (city » Community Survey#2 project website,Survey Monkey,Social Pinpoint,etc.)in an effort to reach as many • Website/outreach content and Farmington residents as possible with this survey,and to assist in outreach efforts. materials Task 4 - Final Plan and Approvals (April 2019-June 2019) Task 4 will commence with Community Open House#2 and the launch of Community Survey#2. Feedback gathered from these sources,as well as from city staff,the BPP Committee,and subsequent presentations to the City Council, Planning Commission and Parks and Recreation Advisory Committee will be documented and woven into revisions of the Draft Document,with the intention of obtaining approval by the City Council during June of 2019. 4.1 Revision of Draft Plan III s - An on-going sub-task within Task 4 will involve revising and refining the Draft Plan iti `. , - and System Recommendations per feedback received through the community * ""1� .�" . * survey,from city staff and the BPP Committee,and from presentations to the City . 1 Council, Planning Commission,Parks and Recreation Advisory Committee,and other . community sources. low � ,1,4' p 4.2 Prepare Final Draft Document and Action Plan r 44,i 414- We will prepare a final draft document and action plan to include a timeline of " $ `_`ZCN� > actions with associated implementation strategies,such as funding opportunities, Corn ron,ty U nn Hous ,, , 0_i- y.as F..1 is potential partnerships,and planning tools,that can be referenced during Dorvrtot vn and iverfror1tMnsterPfan,held implementation.The action plan will also include cost estimates to assist with City r:.00r it anon twrn apopularo rmuniry budgeting,as well as guide future maintenance and replacement schedules.The evenrtogatherbroad reJchngc?nrmuniry draft document will be available in print and web-based format,and we will work inPur7-1'r%T G?or-- directly with city staff to best distribute draft documents for community review. 17 BIKr P.-DE TRIAN PLAN PPOPOEAI. 4.3 BPP Committee Meeting #3 (May 2019) TASK 4 MEETINGS We will facilitate a final BPP Committee Meeting,which will primarily involve » BPP Committee Meeting#3 reviewing the Draft Plan and System Recommendations,reviewing feedback from „ City Staff Meeting the community survey to-date,and discussing the components of the Action Plan. » City Council Meeting Presentation Committee members will be encouraged to participate in a short survey to provide » planning Commission Meeting feedback to the consulting team and city staff regarding their experience on the Presentation committee,to inform future planning efforts. • Parks and Recreation Advisory 4.4 City Staff Meeting (May 2019) Commission Meeting Presentation We will meet with staff to review the final draft document and action plan,as well as » City Council Final Presentation and coordinate the upcoming presentations to the City Council,Planning Commission, Approval(Optional) and Parks and Recreation Advisory Committee. 4.5 City Council Meeting Presentation (June 3rd, 2019) TASK 4 DELIVERABLES: » Final Bike Pedestrian Plan and 4.6 Planning Commission Meeting Presentation (June 11th, 2019) System Framework 4.7 Parks and Recreation Advisory Commission Meeting » Presentations to the City Council, Presentation (June 12th, 2019) Planning Commission and Parks and Present Draft Plan to the City Council,Planninc Commission and Parks and Recreation Advisory Commission Recreation Advisory Commission.We will work with city staff to coordinate and all related supporting materials distribution of packet materials in either web or print-format for the Council and » Agenda and meeting minutes from Commissions,and create a digital presentation to summarize the key elements City Staff Meeting of the plan for the meetings.Feedback from these meetings will be recorded and » Draft Action Plan&Implementation integrated into the Final Document. Strategies » Draft Bike Pedestrian Plan,to 4.8 City Council Final Presentation and Approval include System Recommendations (Optional -June 17th 2019) and Action Plan As necessary,we will re-present the Draft Plan with incorporated revisions to the » Final(Approved)Bike Pedestrian City Council for a second time,in anticipation of a vote to approve the Final Plan Plan,to include System Document. Recommendations and Action Plan 4.9 Final Document Delivery » All packaged files and data shared Upon approval by the City Council,the Final Plan Document and all supporting with City staff materials will be packaged in a digital format and delivered to city staff. Print copies of the plan and supporting materials will be coordinated with city staff,as well as sharing of GIS database files. Optional Services Additional committee,council or small group presentation Beyond the Approved Plan As a full-service design and planning firm,HKGi is qualified to submit future proposals to perform architectural services to implement elements of the Bike Pedestrian Plan,as well as perform additional related studies,such as parking studies,master planning and design for specific recommendations. HKGi has a long-standing relationship with Dakota County and other regional agencies,providing successful grant- writing assistance specifically for trails,greenways,parks,and related facilities.We will be qualified and experienced to assist in this effort,as well as integrate this experience and knowledge into the implementation strategies of the final document. FARMINGTON, MINNESOTA 18 COST AND SCHEDULE Not-To-Exceed Fee Proposal The proposed Not-to-Exceed fee below is based on the work scope presented on the previous pages and was computed using the hourly rate schedule included below. If selected for this project,HKGi will work with the City to refine the work scope,if necessary,to ensure that the project fulfills the needs and objectives of the client. Revisions to the work plan may require adjustments to the fee proposal below. This cost proposal is valid for a period of not less than 120 days from the date of this proposal. TASK TASK DESCRIPTION HOURS FEE 1.0 Organize the Effort 50 $ 4,100 2.0 Inventory and Analysis 110 $ 9,400 3.0 Plan&System Recommendations 120 $ 10,900 4.0 Final Plan and Deliverables 80 $ 6,700 Optional Service-Additional Council or Committee Meeting Presentation 6 $ 710 Subtotal without Optional Services 360 $ 31,100 Subtotal with Optional Services 366 $ 31,810 Reimbursable Expenses $ 900 Total Not-to-Exceed Fee without Optional Services $ 32,000 Total with Optional Services $ 32,710 Hourly Rates and Expense Reimbursement Rates Principal $170-225/Hr Associate $115-165/Hr Sr.Professional $90-165/Hr Professional II $80-105/Hr Professional I $50-85/Hr Technical $40-65/Hr Secretarial $60/Hr Litigation Services $200/Hr Testimony $285/Hr Incidental Expenses Mileage current Federal rate/mile Photocopying BW $.15/page Photocopying Color $1/page Outside Printing Actual Cost Large Format Scanning Actual Cost B/W Bond Plots $5 each Color Bond Plots $20 each Color Photo Paper Plots $40 each HIKr =)i-C--r; A KL Ay. ')rAL TASK NOV'18 DEC JAN'19 FEB MAR APR MAY JUNE 1:Organize the Effort 1.1 Kick off meeting+system tour :} 1.2 Develop project outreach materials 1.3 Develop Community Engagement Plan 1.4 Develop and launch community survey 1.5 Stakeholder Listening Sessions 2:Inventory and Analysis 2.1 Assemble Background Data 2.2 Review Relevant Plans 2.3 Perform System Analysis 2.4 City Staff Meeting:Go-To Meeting 2.5 BPP Committee Meeting#1 2.6 Community Open House#1 2.7 Process community feedback 2.8 Prepare Issues+Opportunities Report 3: Plan and System Recommendations 3.1 Develop Draft Plan Framework 3.2 Develop System Plan+ Recommendations 3.3 Staff Workshop 4.1 3.4 BPP Committee#2 �) 3.5 City Staff Meeting:Go-To Meeting 3.6 Community Open House#2 3.7 Develop and launch community survey 4:Final Plan+Deliverables 4.1 Revision of Draft Plan 4.2 Final Draft Document+Action Plan 4.3 BPP Committee#3 4.4 City Staff Meeting -� 4.5 City Council Presentation x« 4.6 Planning Commission Presentation )*Cf. 4.7 Parks and Rec Commission Presentation x, 4.8 City Council Final Presentation+ Approval x' 4.9 Final Document deliverables Meeting Key City Staff Meeting(5 total) 44 Community Survey(2 total) BPP Committee Meeting(3 total) x* City Council/Commission Meeting(3-4 total) A. 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Il ' .S '',. - e k ai Creating PLACES that enrich PEOPLE S lives ©© girl Dahe,•i'r REQUEST FOR PROPOSALS CITY OF FARMINGTON, MINNESOTA BIKE PEDESTRIAN PLAN AUGUST 8, 2018 PURPOSE The city of Farmington (the City)requests written proposals from consulting firms to prepare a Bike Pedestrian Plan(BPP). The BPP should create a vision for the City's network of sidewalks and trails. The BPP should accurately reflect current and future needs of the community regarding a bike and pedestrian system. RELEVANT BACKGROUND INFORMATION The City is a rapidly growing outer ring/fringe suburb located in southern Dakota County and approximately 20 miles south of the Minneapolis and St. Paul metropolitan area. As of July 1, 2018, the population was estimated at 23,003 residents. Currently Farmington is the youngest city in Dakota County. However, the city's 60 year old and older population is expected to double over the next twenty years. The City's draft 2040 Comprehensive Plan identifies in 2040 the population will be 32,500. The draft 2040 Comprehensive Plan identifies as one of its priorities in the Parks and Recreation Chapter completion of a BPP. The City's current draft 2040 Comprehensive Plan is available to view on the city's website at www.farmingtommn.gov As residential and commercial growth has occurred over the past 30 years, the City has been able to develop for the large part an interconnected and accessible local sidewalk/trail system. Currently there is approximately 47 miles of paved trails and approximately 15 miles of concrete sidewalks. In addition to the local trail and sidewalk system, there are also two regional trails master planned by Dakota County to be constructed within the boundary of Farmington. In the future there will be an opportunity for Dakota County to master plan a third regional trail in Farmington. Prior to the City's growth,the bike and pedestrian system was somewhat fragmented due to the focus on the high importance of an interconnected street system and less focus on a pedestrian system. As a result there were gaps created in the pedestrian system within the older areas of the community and between the older areas of the community to the newer developed areas of the community. The city is interested in developing a unified plan that pulls both sidewalks and trails under one plan. The expected outcome of the BPP is to increase accessibility, remove barriers, identify and complete missing gaps in the current system and provide a safe place for people of all ages to be active on the city's trail and sidewalk system. Though keeping the population active is an important goal of the BPP, safety is also key component to consider during the development of the BPP. There are locations in the current system that 1 provides challenges for system users to safely cross local streets, Dakota County roads and Minnesota Department of Transportation highways. In addition the Union Pacific Railroad bisects the community, which creates another pedestrian challenge to cross. Developing a system that provides for safe crossings of the railroad tracks is another consideration when the BPP is developed. It is vital that the plan addresses making areas safe where school aged children currently cross to travel to and from schools. The plan will also focus on seeking a number of strategies to provide safe crossings in order to promote more usage of trails and sidewalks. BUDGET The city is undertaking a BPP process because it has received grant funding from the Dakota County Health Department through funding it receives from the Statewide Health Improvement Partnership (SHIP) grant program from the Minnesota Department of Health. There is funding up to $32,000.00 available to complete the BPP. FORMAT OF PROPOSAL The proposal should be 20 pages or less and should be organized in the following format: Chapter I. Introduction. A. Introduce your firm including who would be on the project team, who the project manager would be, the address your office is located at, an office phone and fax number, a company web site (if having one) and an email address of the project manager. B. Include resumes of all members of your firm who will be on the team completing the BPP. Chapter II. Historical Information A. Historical information about your firm should be provided. Include information about how long your firm has been in business, the number of employees working for the firm by job titles and degrees and what consulting areas your firm specializes in. B. Identify in your proposal what sets your firm apart from other firms. Chapter III. Firm's Previous Work Experience Your firm's previous work experience should be described in the following manners: A. Provide examples of past BPP projects your firm has been hired to complete. Include the number of BPP's that have been approved and implemented. B. Provide examples of other trail and/or sidewalk projects/studies/plans your firm has been hired to complete. 2 Chapter IV. Scope of Work The proposal should identify how your firm will gather input, synthesize the information and produce a final report to the Park and Recreation Advisory Commission, Planning Commission and the City Council. The final approved BPP will be incorporated into the city's 2040 Comprehensive Plan. The following items should be addressed that will identify the scope of work that you propose to complete as part of the BPP: A. The SHIP grant requires the City to have a final City Council approved BPP on or before June 30, 2019. Describe your work plan including the process and timeline for completing the BPP by the deadline. Identify dates of when the project would begin, dates of when information will be collected and analyzed, public open house meeting dates and when the final report on the BPP will be presented to the Park and Recreation Commission, Planning Commission and City Council. B. Describe computerized information systems used to deliver or support your services. Identify what type or types of software you will use to accomplish this. Describe how you will provide this information electronically to the City so it can be posted to the City's website,provided through City social media accounts and saved electronically for future reference. It is important to note that all electronic and paper documents received from the firm selected,will become the property of the City upon the completion of the BPP. C. Identify what you will need from the City during the process of completing the BPP, i.e. maps, historical information, comprehensive plan, meeting minutes, etc. D. The City will be requiring the consulting firm hired to work with a committee made up of community members. Describe what groups/organizations you feel should be represented on this committee and how you plan to use the committee to help provide input, develop and build consensus to create a final draft BPP. E. Describe your procedures for monitoring client and participant's satisfaction. F. Describe other consulting experiences that are available and if there is an additional fee for those services. G. Should the City move forward on constructing a bike pedestrian plan, identify whether or not you would be qualified to submit a proposal for engineering/architectural services to design bike pedestrian trails and sidewalks. H. Summarize how you will communicate the information from the final draft BPP to the Park and Recreation Advisory Commission, Planning Commission, and City Council. I. Describe the process about how you would conduct analysis of the City's existing trail and sidewalk system to determine what improvements have the highest, medium and lowest priorities. Then based on this analysis, estimated costs for these improvements should be 3 created to assist the City with budgeting for the long term maintenance and replacement of trails and sidewalks. Chapter V. Cost for Services A. There is funding available up to $32,000 to complete the BPP. The proposal should include an itemized estimate of your fees for all basic services and the method of fee calculation for the BPP. List additional services and fees and list your reimbursable items with applicable rates. Provide as close as possible what your costs will be for reimbursable items. The City prefers a per hour cost with a not to exceed limit. B. In order to avoid misunderstandings of the proposed fee, the fee proposal is to include a statement regarding the scope of the project utilized in determining the fee. C. A statement of how long the proposed fee is valid must be included in the proposal. D. The City of Farmington is not liable for any cost incurred by prospective firms prior to the signing of a contract. Chapter VL References A. Include five references of recent(within the past five years) BPP's your firm has completed or other similar trail and/or sidewalk plans your firm has completed. Identify the name of the agency or organization, contact person,title, telephone number, email address and what role they played during the process. Chapter VII. Additional Required Information A. Insurance: An effective insurance policy evidencing general liability coverage in the amount not less than Two Million Dollars ($2,000,000.00) and proof of workers compensation insurance is required to be submitted with the proposal. B. Proposal Signature: Your proposal must be signed by an authorized representative of your firm who can legally represent your firm. EVALUATION CRITERIA Proposals will be evaluated based on the following criteria: Criteria Maximum Points Possible A. Reasonableness and scope of work 25 B. Relevant qualifications of firm and personnel 25 C. Expressed understanding of the plan 25 D. Demonstrated plan for public input process 15 E. Proposed cost 10 Total Maximum Points Possible 100 4 TIMELINE FOR HIRING A FIRM August 8 RFP mailed August 31 RFP submittal deadline September 3-7 RFP's reviewed by City staff September 10-14 Interviews if needed September 17-21 Notification of recommended firm October 1 or 15 City Council contract approval November 1 On or after start date Note: This schedule may be subject to change. CONTACT AND SUBMISSION INFORMATION Proposals and responses with questions or the need for additional information should be addressed to the following City staff member: Randy Distad, Parks and Recreation Director Farmington Parks and Recreation Department 430 Third St. Farmington, MN 55024 Phone: (651) 280-6851 Email: rdistad@farmingtommn.gov DEADLINE Your proposal should be submitted on or before 4:00 p.m. Friday, August 31, 2018. Your proposal may be submitted either electronically via email, dropped off, or mailed using the above contact information. 5 „omiIj City of Farmington V-,A 430 Third Street Farmington, Minnesota 41 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Highway 3 Corridor Plan Professional Services Agreement DATE: October 1, 2018 INTRODUCTION As the 2040 Comprehensive Plan update takes a holistic look at the community's long-term development, more localized study is often needed to identify specific activities that fit within those long-term development goals. Following completion of the draft 2040 Comp Plan update, staff recommended development of a plan for one of Farmington's oldest commercial corridors along Highway 3. This is an off-shoot of the Downtown Redevelopment Plan which calls for strengthening the connections to downtown at key gateway areas. DISCUSSION A review committee consisting of two EDA members, one Planning Commission member, and staff from planning and community development reviewed the five submitted proposals from qualified firms and recommended the proposal from WSB &Associates at fixed fee of$39,995. This proposal ranked highest within the committee with a combined score of 89 out of 100 possible points. The Dakota County Community Development Agency(CDA) Board approved Farmington's Redevelopment Incentive Grant(RIG) application for$15,000 which will be matched by Farmington's 2018 Community Development Block Grant(CDBG) funds ($15,000). The additional dollars needed for the plan ($9,995)will come from the EDA's fund balance as a budgeted expense. The EDA reviewed this recommendation at their meeting on September 27, 2018 and voted to approve forwarding the recommendation to City Council for contract authorization. BUDGET IMPACT $15,000 Dakota County CDA RIG Grant $15,000 CDBG funds $9,995 EDA fund balance ACTION REQUESTED Approve the attached professional services agreement with WSB &Associates in the amount of$39,995 for development of a Highway 3 Corridor Plan. ATTACHMENTS: Type Description © Contract Professional Services Agreement- WSB D Contract Federal Provisions - Standard Assurances D Contract Federal Provisions - Federally Funded Contracts D Contract Federal Provisions - HUD 4010 • WSB&ASSOCIATES,INC. PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement(the"Agreement')is made as of the 1st day of October.2018 and between City of Farmington with an address of 430 Third Street, Farminpton, MN 55024 Client). and WSB&Associates. Inc.with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416("Consultant"). Client and Consultant,for the consideration enumerated herein,do hereby agree as follows: SECTION 1/GENERAL CONTRACT TERMS SECTION 7!EXHIBITS AND CONDITIONS The following Exhibits are attached hereto and The General Contract Terms and Conditions shall made a part of this Agreement: be as set forth in Exhibit A. SECTION 2/SCOPE OF WORK X Exhibit A General Contract Provisions The scope of work to be performed by Consultant X Exhibit B Scope of Work is set forth in Exhibit B. The work and services to X Exhibit C Compensation be performed hereunder and described in Exhibit X Exhibit D Insurance Schedule B shall be referred to herein and in the General Contract Provisions as the"Project". _Exhibit E Rate Schedule X Exhibit F Client Responsibilities SECTION 3/COMPENSATION Exhibit G Special Conditions • The amount, method and timing for payment to the Consultant shall be in accordance with Exhibit All references to the"Agreement'In this C. Document and the Exhibits shall mean this SECTION 4!WORK SCHEDULE Agreement and all of the Exhibits as one The preliminary schedule of the work, if required, integrated Agreement is set forth in Exhibit B. SECTION 8!ACCEPTANCE OF AGREEMENT Upon written acceptance of this Agreement by SECTION 5/CLIENT RESPONSIBILITIES Client, Consultant shall commence the work. The The client responsibilities are set out In Exhibit F. undersigned hereby accept the terms and conditions of this agreement and Consultant is SECTION 6/SPECIAL CONDITIONS hereby authorized to perform the services Special conditions, if any,are as set forth in described herein. Exhibit G. CLIENT: CiTY OF FARMINGTON CONSULTANT: WSB&ASSOCIATES,INC. ADDRESS: 430 THIRD STREET ADDRESS: 701 XENIA AVENUE SOUTH FARMINGTON, MN 55024 SUITE 300 MINNEAPOLIS, MN 55416 BY: Lusa, BY: C21 L Ml4r- S SIGNATURE: SIGNATURE: TITLE: yer TITLE: ?SStt .r/krl E PRitTtcT (l4t4cc"t. Professional Services Agreement 06.01,1® Page 1 WSB &ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 —PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2—ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3—SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant's obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client's contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant's control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4—CONSTRUCTION OBSERVATION If requested by Client, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant neither guarantees the performance of any Contractor retained by Client nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with the construction documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors' means, methods, or procedures of construction. Consultant's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job Site Safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an Additional Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 5—OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as "Cost Estimates," provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Exhibit A—General Contract Provisions 11.01.16 Page 1 Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6—REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client's risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant's written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7—PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days' written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may be more fully described in Exhibit C and Exhibit E. Exhibit A—General Contract Provisions 11.01.16 Page 2 ARTICLE 8—SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant's certification for payment shall constitute a representation to the Client, that to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client's contractor. ARTICLE 9—HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant's services to be provided under this Agreement. ARTICLE 10— INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. Additional Insurance requirements are listed in Exhibit D. ARTICLE 11 —TERMINATION OR SUSPENSION If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days' written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data Exhibit A—General Contract Provisions 11.01.16 Page 3 files (GADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12— INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by the Consultant's negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client's negligence or willful misconduct. ARTICLE 13—WAIVER OF CONSEQUENTIAL DAMAGES The Consultant and Client waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) Damages incurred by the Consultant for principal office expenses including the compensation for personnel stationed there, for losses of financing, business and reputation and for loss of profit except anticipated profit arising directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of their contractors, subcontractors or suppliers. ARTICLE 14—WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors. ARTICLE 15—ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16—CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17—CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. Exhibit A—General Contract Provisions 11.01.16 Page 4 ARTICLE 18—AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per claim. The Consultant's total liability to Client shall not exceed the total available insurance policy limits per claim available to Consultant under its professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, the Consultant's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client's Claims) shall not exceed the total policy limits available to Consultant under its professional liability insurance policy for settlement or satisfaction of Client's Claims under the terms and conditions of the Consultant's professional liability insurance policy applicable hereto. Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to Consultant's provision of geotechnical engineering services, construction materials testing, special inspections, and/or environmental engineering services, including but not limited to environmental site assessments, that Consultant's liability for any claims asserted by or through Client shall be limited to $50,000. Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or consequential damages (including loss of use or loss of profits) sustained by the other, its successors or assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 19—CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the state of Minnesota. ARTICLE 20— LOCATION OF UNDERGROUND IMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. Exhibit A—General Contract Provisions 11.01.16 Page 5 WSB &ASSOCIATES, INC. EXHIBIT B SCOPE OF WORK A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON Work Plan & Budget Project Approach Activity 1 : Corridor Assessment 1.1 —Project Kick-off Meeting WSB will meet with the City staff to gather the history of the corridor. 1.2—Survey of Existing Conditions 4 _ WSB has developed an iterative and responsive process for °. : surveying existing conditions within a project corridor. Our 't I ,J team will begin with a review of existing tans, the existing ' r '� land use, zoning, and comprehensive plan designations. .� Demographics and population projections play a large role in helping to inform land use direction, and, as a result, we will review and take into consideration these projections when assessing the existing conditions for employment and 1.3—CC/PC Joint Meeting housing. We will then review property, infrastructure, and Following the staff meeting, the first formal meeting will be public use areas of this gateway corridor to identify issues a joint kick-off meeting with the City Council and Planning and opportunities for future area development. Commission to solidify timelines and gather initial direction and feedback. The Economic Development Authority(EDA) will be invited to this meeting to understand the scope and WSB's experience as municipal planners, timeframe of the Corridor Plan. municipal engineers, and private land development professionals allow us 1.4—Public Open House &Launch of Online to develop a land use analysis that is Engagement Campaign accurate, realistic, and, most importantly, The second meeting will be a public open house to Implementable. provide stakeholders with an opportunity to review information gathered to date and further facilitate public input to establish buy in of the project. This will also be the launching point of the online engagement campaign which will utilize Social Pinpoint technology. More information about Social Pinpoint is included in the Community Engagement Approach section. Work Plan & Budget/14 A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON 1.5—Transportation Review and Agency Coordination TH 3 is a major north/south arterial roadway in southern Minnesota and the southern Twin Cities Metro Area serving as a commuter corridor to Interstate 494.Through the City y of Farmington,TH 3 is functionally classified as an A-Minor Arterial roadway serving as the primary north/south travel route i1 = Y ":a through the community. Currently,TH 3 is a two-lane roadway • south of 220th Street(TH 50)and north of 213th Street(Main Street).The majority of TH 3 through the City currently is a four- lane divided facility with a posted speed of 45 miles per hour (mph)and frontage roads to the east and west. Existing traffic counts from MnDOT along TH 3 through Farmington range from approximately 5,300 Average • Annual Daily Traffic(AADT)on the south end of the City to approximately 12,700 AADT on the north end of the City. Existing Heavy Commercial ADT(HCADT) is approximately 580 through Farmington, or approximately five percent of total The transportation component of this study will evaluate AADT.TH 50 intersects TH 3 on the south end of the corridor potential opportunities along TH 3 to collaborate with at Dakota CSAH 74. The existing draft Dakota County 2040 MnDOT and other stakeholders to improve this facility. Transportation Plan illustrates a future extension of CSAH 74 WSB has a strong working relationship with MnDOT.We west of TH 3 and TH 50 to CSAH 70 at CSAH 23. have worked with MnDOT on a variety of projects including There currently are signalized intersections along TH 3 at statewide plans, complete street studies, and preliminary CSAH 74/TH 50(220th Street)as well as Elm Street/9th design level corridor studies as well as environmental Street(TH 50). Several other unsignalized intersections exist documents and final designs. along the corridor. An at grade pedestrian walkway is also MnDOT, City, and County interests as well as TH 3 users marked approximately halfway through the corridor near and the adjacent neighborhoods and businesses will be Beech and Maple Streets. Land use through the majority engaged in a discussion of how TH 3 is currently used and of the TH 3 corridor through Farmington is single-family what opportunities exist to improve this facility through the residential; however, there are some other uses, such as the City of Farmington in the short-, mid-, and long-term. These Southern Hills Golf Course, the Fountain Valley Golf Course, opportunities may take the shape of a more robust future the Dakota County Fairgrounds, multiple family residential, transportation corridor study, low-cost, short-range project and commercial. programming, or more detailed long-range visionary plans. WSB will utilize our MnDOT relationships Deliverables for Activity 1 to facilitate a collaborative dialogue between • Corridor Assessment Activity MnDOT and the City regarding the future • General Public Corridor Assessment Activity vision of TH 3 through the City. • Synopsis of Existing Corridor Conditions • Summary of meetings and discussions with MnDOT, Dakota County, and City representatives. • High-level corridor assessment in the form of an issues/opportunities figure. • Next steps to identify desired vehicular and pedestrian improvements. Work Plan & Budget/15 A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON Activity 2: Corridor Visioning 2.1 –Corridor Vision 2.3–Joint City Council, Planning Commission,and EDA Meeting WSB will work with City staff to review zoning designations, land uses, streetscapes, gateways, and other factors that This meeting will include a Stakeholder Analysis Activity and contribute to the overall sense of place for the corridor— an assessment of the draft vision statement for the Highway both positive and negative. 3 Corridor project area. The Visioning Meeting will include the following activities: • A mapping exercise of key locations (both good and 2.3–Identify Sites with Development Potential/ bad) and opportunities/gaps. Preliminary Market Feasibility • A "Key Strategies" exercise. This task includes collaborating with City staff to identify sites Breakout tables on land use/redevelopment, most likely to redevelop and assessing their future uses, • connections/transportation, economic development/ including possible infill residential and commercial development. business. WSB staff will conduct introductory market feasibility to understand the potential for these projects to take shape. The deliverables will include a summary of the input from the Visioning Session and a draft Vision Statement, which will be reviewed and vetted by the City Council, Planning 2.4–Visual Representations of Possible Corridor Commission, and Economic Development Authority. Reinvestment Computer-generated and hand sketches will be used to 2.2–Vision Statement Development quickly develop conceptual images or massing studies as part of the development of the goals and investment Based on analysis and feedback developed to date, WSB strategies of the Corridor Plan. staff will craft a draft vision statement to guide the future of the Highway 3 Corridor project area. Additional computer-generated renderings that will assist with the visualization of the preferred schematic can be prepared as an optional add-on service with this proposal. Our team has extensive experience in this service area and 44 s can provide still graphics or animations, if necessary. + 2.5–Public Open House saminili The open house will provide members of the public an opportunity to comment on refined vision and massing w... studies/visualization of potential future development. Deliverables for Activity 2 - ,T ..... 1 • Public Feedback on Vision Statement Assessment • Corridor Area Vision Statement lt r Architecture and Streetscape Design Recommendations . ., • Massing Studies and Visualizations • Preliminary Market Feasibility x_ Work Plan & Budget/16 A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON Activity 3: Goals & Implementation Strategies 3.1 -Development of Corridor Goals 3.3—Identification of Financing Tools and Grant Opportunities WSB staff, in collaboration with City staff and stakeholder groups, will review the existing comprehensive plan to WSB has extensive experience working with our clients to develop corridor-specific goals and strategies.We will establish financing tools as well as to research, prepare, work to equitably incorporate the feedback received from coordinate, and write grants that meet the needs of stakeholders into revised corridor-specific goals. their communities. This experience provides us with the knowledge necessary to help our clients develop front-end planning documents, such as the Highway 3 Corridor Plan, 3.2—Development of Short-, Mid-,and Long-Term that aid in the grant application and further increase the Strategies likelihood of grant funding awards. During this task, the WSB team will develop short-, mid-, and long-term strategies for implementation of the identified vision related to land use and zoning, redevelopment/economic development, specific uses at To jump start implementation strategies, we will individual locations, design guidelines and development develop the corridor plan to include information standards, and streetscape improvements. Questions necessary for future City applications for grants, in relation to the strategy development will include at a minimum: such as the Metropolitan Councils Livable • Connectivity: What are the gaps (both physically and Communities Demonstration Act (LCDA), economically)that prevent more interaction within the Department of Employment and Economic corridor?What are the roles of the City and those of the Development (DEED) Minnesota Investment private market to fill these gaps? Fund, DEED Job Creation Fund, and DEED • Equity: Does the goal/strategy connect all residents Redevelopment Grants. to opportunity? Does the goal/strategy create viable housing, transportation, and recreation options for people of all race, ethnicity, income, and ability? • Livability: Does this goal/strategy create vibrant places, 3.4—Joint City Council,Planning Commission,and EDA utilize existing public investment in local infrastructure, Meeting and investment in parks or affordable housing? This meeting will focus on reviewing the draft project area • Prosperity: Does the goal/strategy create investment goals and strategies to achieve identified goals. Goals in development and amenities that fosters economic will be crafted based upon the area vision statement, with competitiveness?Are we providing great places for a specific focus on ways in which these goals could be residents to interact and businesses to succeed? practically implemented in the future. • Stewardship: Does the goal/strategy responsibly manage natural and financial resources? Is this a strategic investment in the city's future? Deliverables for Activity 3 • Sustainability: Does this goal/strategy protect the city's • Corridor Goals vitality for generations to come? • Short-, Mid-, and Long-Term Implementation Strategies • Identification of Financing Tools and Programs to Facilitate Private Sector Redevelopment Work Plan & Budget/17 A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON Activity 4: Regulation Review 4.1 -Review Comprehensive Plan Land Use 4.3—Joint City Council,Planning Commission,and EDA Designations Meeting WSB staff will review the land use designations for the This meeting will focus on the review of the City's zoning properties located within the defined project area. ordinance, the development of draft project area goals, and implementation tools to achieve identified goals. Goals will be crafted based upon the area vision statement with 4.2—Review Zoning Ordinance a specific focus on ways in which these goals could be WSB staff will review the zoning designations for land practically implemented in the future. within the project area to identify opportunities as well as constraints related to future development.The summary of zoning and land use regulations will include a review of and Deliverables for Activity 4 recommendations for allowed uses by zoning district, on- • street and off-street parking, architectural design guidelines, Comprehensive Plan Designation Review streetscape design standards, signage, and other zoning • Zoning Ordinance Recommendations standards currently in place within the defined project area. wre _...,--" . ° mss., r ::4 .'' t Activity 5: Highway 3 Corridor Planning Document 5.1 —Prepare Draft Plan 5.2—Review Complete Draft Corridor Plan with City Staff The draft plan will include chapters covering existing Upon competition of the draft plan, our project team will conditions related to land use and zoning; property and public review with City staff to gather any additional comment or conditions;vehicular and pedestrian infrastructure; and, refinement prior to the public reviewing the draft plan. existing market conditions for desired property redevelopment. Additional chapters will also focus on project goals and both 5.3—Open House to Present Draft Plan to Local short-and long-term implementation strategies. Stakeholders The draft plan will include refined graphics and any The WSB team will present the draft plan to community adjustments to project vision and goals that stem from members in an open house setting to provide an opportunity project stakeholders' feedback. for them to offer feedback on the components of the plan. Work Plan & Budget/18 A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON e x \ ' ' * \ v A , Ilk \ \41116,-111111'16',„\ c ', , ...} 4`rv• .. The primary focus of this open house will be to discuss the 5.5—Final Highway 3 Corridor Plan implementation plan and to harness and capitalize upon project momentum. Based on feedback from City staff, the Planning Commission, Economic Development Authority, and the public, WSB will prepare the final Highway 3 Corridor Plan. 5.4—Joint Meeting with Planning Commission and Special focus will be placed on the plan's usefulness in Economic Development Authority possible future grant applications. Following the open house, the complete draft plan will be reviewed by the Planning Commission and Economic 5.6—Present Final Plan to City Council Development Authority for feedback prior to finalization of the plan. The project manager will present the final plan to the City Council for their consideration. Deliverables for Activity 5: • Public Open House • Draft Report • Final Report Work Plan & Budget/19 A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON ,p om�K fammuin Enc x ,'q x * • ® i 'social" Solutions Projects Resources&Events v About.r x 3 o o 00 A place to engage °� your community d o c ° We provide online tool that # t ° OP'. a Q improve the way organization: e 0 engage with their communities and a s 0 o o° 00 o et7k4},."!>takeholders, a;� Cx Sign UP For A Free Trial10. ■ . Pa transurban Aji4tVIA ; ACT i 0 a__�_.I pv.9 ® FP I .. Br Pt Lr XD AI oama,. •W... so36rn 14OJ Ty UE/d11B Community Engagement Technology WSB proposes to use an online community engagement In addition to online engagement,as outlined in the above platform called "Social Pinpoint"that, in parallel with in- work plan,WSB will engage members of the Economic person and on-the-ground consultation,will offer depth and Development Authority, Planning Commission, and City a broader reach to our engagement strategy. The Social Council. We can also include stakeholders from the Pinpoint online platform is a very flexible engagement tool, Farmington Business Association and Dakota County Regional both intuitive and interactive. This platform allows for a Chamber of Commerce, if the City would desire those range of filters and data mining to extract useful information perspectives to be included in this stage of planning.The WSB and identify whether participants are local, nearby, or team will facilitate meetings with these groups throughout the distant. It can also host surveys, images, GIS information, duration of the project.These groups will provide strategic maps, plans, aerial images and photos to articulate issues direction for the development of the corridor plan. and questions to the community as well as to collect data. This is an extremely useful tool and perfectly suited for the A variety of meeting methods will be used throughout the Highway 3 Corridor project. project process (such as break-out groups, brainstorming sessions,and surveys)to promote the sharing of experiences/ expertise and keep stakeholders actively engaged in the corridor planning process. We have provided for a robust community engagement process that is intertwined throughout the proposed corridor planning process described in this proposal. Work Plan & Budget/20 A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON Schedule Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Activity 1 1.1 Project Kickoff with City Staff 1.2 Survey of Existing Conditions 1.3 CC/PC Joint Meeting 1.4 Public Open House 1.5 Transportation Review&Agency Coordination Activity 2 2.1 Corridor Visioning with City Staff 2.2 Vision Statement Development 2.3 Joint CC, PC, and EDA Meeting 2.4 Visuals of Corridor Reinvestment 2.5 Public Open House Activity 3 3.1 Development of Corridor Goals 3.2 Development of Short, Medium, and Long Term Strategies 3.3 Identification of Financing Tools and Grant Opportunities 3.4 Joint CC, PC, and EDA Meeting (combined with 4.3) Activity 4 4.1 Review Comprehenisve Plan Land Use Designations 4.2 Review Zoning Ordinance 4.3 Joint CC, PC, and EDA Meeting (combined with 3.4) Activity 5 5.1 Prepare Draft Plan 5.2 Review Complete Draft Plan with City Staff 5.3 Hold Open House to present Draft Plan to Local Stakeholders 5.4 Joint PC and EDA Meeting 5.5 Complete Final Highway 3 Corridor Plan 5.6 Present Final Plan to City Council Work Plan & Budget/21 WSB &ASSOCIATES, INC. EXHIBIT C COMPENSATION A PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON Budget Based on the work plan & approach to the Highway Corridor 3 Plan, below is a detailed task-by-task budget table. We have also provided on the following page a summary budget based upon the four categories identified in the RFP. Eric Erin Thomas Bob Bailey Scott Monica Task Maass Perdu O sonr Slipka Krause Mareck Heil p Total $101 $142 $94 $130 $94 $163 $163 Activity 1 1.1 Project Kickoff with City Staff 2 2 $486 1.2 Survey of Existing Conditions 4 1 4 3 $1,312 1.3 CC/PC Joint Meeting 2 2 $486 1.4 Public Open House 4 4 3 4 3 $2,119 1.5 Transportation Review&Agency Coordination 2 44 4 $8,084 Activity 1 Total 12 9 7 5 4 44 7 $12,487 Activity 2 2.1 Corridor Visioning with City Staff 2 2 2 $674 2.2 Vision Statement Development 2 1 4 $720 2.3 Joint CC, PC,and EDA Meeting 8 4 $1,376 2.4 Visuals of Corridor Reinvestment 16 8 40 $6,416 2.5 Public Open House 8 4 8 $2,128 Activity 2 Total 36 11 14 8 40 0 0 $11,314 Activity 3 3.1 Development of Corridor Goals 4 8 $1,156 3.2 Development of Short,Medium,and Long Term Strategies 4 8 $1,156 3.3 Identification of Financing Tools and Grant Opps 10 $1,010 3.4 Joint CC, PC,and EDA Meeting(combined with 4.3) 4 2 $688 Activity 3 Total 22 2 16 0 0 0 0 $4,010 Activity 4 4.1 Review Comprehensive Plan Land Use Designations 2 8 $1,338 4.2 Review Zoning Ordinance 8 8 $1,944 4.3 Joint CC,PC,and EDA Meeting(combined with 3.4) 4 2 $688 Activity 4 Total 14 18 0 0 0 0 0 $3,970 Activity 5 5.1 Prepare Draft Plan 15 2 22 2 $4,193 5.2 Review Complete Draft Plan with City Staff 2 $202 5.3 Hold Open House to present Draft Plan 4 2 2 $876 5.4 Joint PC and EDA Meeting 4 $404 5.5 Complete Final Highway 3 Corridor Plan 6 1 10 1 $1,851 5.6 Present Final Highway 3 Corridor Plan to CC 4 2 $688 Activity 5 Total 35 7 34 0 0 0 3 $8,214 WSB Total Hours 119 47 71 13 44 44 10 WSB Total Fee $39,995 Work Plan & Budget/22 A`PROPOSAL TO PROVIDE A HIGHWAY 3 CORRIDOR PLAN FOR THE CITY OF FARMINGTON Budget Recap 1. Data collection &compilation $10,116 2. Mapping $6,416 3. Findings, priorities, &recommendations $12,648 4. Meetings and presentations $10,815 virr- 11- - ,_ - at AMCON -' .:. - w K Conflict of Interest From time to time,WSB works for private clients, including land developers, energy companies, and industrial manufacturing and distribution companies. To date,we have not worked for clients located in the City of Farmington.We understand the potential for conflict in these situations; therefore, we will always disclose these relationships prior to engagement on any future projects within the City of Farmington. Budget Recap /23 WSB &ASSOCIATES, INC. EXHIBIT D INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Phoenix Insurance Company Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal &Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Premises $1,000,000 Medical Expenses (Any one person) $5,000 AUTOMOBILE LIABILITY Carrier: Travelers Indemnity Company Type of Insurance: Any Auto Hired Autos Non-Owned Autos Coverage: Combined Single Limit $1,000,000 UMBRELLA Carrier: Travelers Indemnity Company Coverage: Each Occurrence/Aggregate $5,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: Travelers Casualty Insurance Coverage: Statutory Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY (Errors and Omissions) Carrier: XL Specialty Insurance Company Coverage: Each Claim $ 5,000,000 Annual Aggregate $ 10,000,000 Certificates of Insurance will be provided upon request. Exhibit D—Insurance Schedule 10.01.17 Page 1 WSB &ASSOCIATES, INC. EXHIBIT F CLIENT RESPONSIBILITIES The Client's responsibilities related to the services to be provided by Consultant are generally as set out below. These responsibilities can be modified through Supplemental Agreements. In order to permit the Consultant to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: ARTICLE F.1 Provide available information as to its requirements for the Project, including copies of any design and construction standards and comprehensive plans which the Client desires Consultant to follow or incorporate into its work. ARTICLE F.2 Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. ARTICLE F.3 Provide such legal, accounting and insurance counseling services as may be required for this Project. ARTICLE F.4 Notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in the Project construction or design. ARTICLE F.5 Designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client's policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services required under this Agreement. ARTICLE F.6 Act promptly to approve all pay requests, Supplemental Agreements, or request for information by Consultant as set out below. ARTICLE F.7 Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. ARTICLE F.8 Require all Utilities with facilities in the Client's Right of Way to Locate and mark said utilities upon request, Relocate and/or protect said utilities as determined necessary to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. ARTICLE F.9 Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as Client deems necessary for such examinations and render in writing decisions pertaining thereto. Exhibit F—Client Responsibilities 10.30.15 Page 1 ARTICLE F.10 Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. ARTICLE F.11 Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. ARTICLE F.12 Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. ARTICLE F.13 Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. ARTICLE F.14 Client shall bear all costs incidental to compliance with the requirements of this article. Exhibit F—Client Responsibilities 10.30.15 Page 2 Revised 10/7/99 STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race,color,creed,religion,sex, national origin,disability,sexual orientation,age, marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race,color,creed,religion,sex,national origin,disability,sexual orientation,age,marital status or public assistance status. Such action shall include,but not be limited to the following: employment,upgrading, demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation,age,marital status,or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes,but is not meant to limit,laws which may be applicable: A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. §2000e et seg. which prohibits discrimination in employment because of race,color,religion,sex or national origin. B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race,color,religion,sex or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 gl fey. and 45 C.F.R. 84.3 (J)and(K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or employment. D. The Age Discrimination in Employment Act of 1967,29 U.S.C. §621 et seq.as amended,and Minn.Stat.§ 181.81,which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, §29 U.S.C. §206, which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn.Stat.Ch.363,as amended,which generally prohibits discrimination because of race,color,creed,religion,national origin,sex, marital status,status with regard to public assistance,disability,sexual orientation or age. G. Minn. Stat. & 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials,supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990,42 U.S.C. §§ 12101 through 12213,47 U.S.C. §§225,611,with regulations at 29 C.F.R. § 1630,which prohibits discrimination against qualified individuals on the basis of a disability in term,condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract all data created,collected,received, stored,used,maintained,or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy,and Contractor must comply with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to the public if the public data are available from the governmental agency (CDA), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance requirements. 3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents,papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the CDA and either the Legislative or State Auditor,pursuant to Minn. Stat. § 16C.05,subd.5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4. WORKER HEALTH. SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and,when applicable,duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. PROVISIONS FOR FEDERALLY FUNDED CONTRACTS SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under) During the performance of this contract,the contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex, or national origin. (3) Contractors shall incorporate the foregoing requirements in all subcontracts. B. Executive Order 11245 (Applicable to Federally assisted contracts and related subcontracts of$10,000 and over) 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color,religion,sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this non-discrimination clause. (B)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race, color, religion,sex,or national origin. (C)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. (E) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. 1 (F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules,regulations,or orders,this contract may be cancelled,terminated,or suspended in whole or in part and the contractor may be declared ineligible in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (G) The contractor will include the provisions of the sentence immediately preceding paragraph (A) and the provisions of paragraphs(A)through(G)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. (B) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for Women/Minority Participation 5%Overall Timetables: N/A These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted)performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41- CFR 60-4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (C) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of the award of any construction subcontract in excess of$ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (D) As used in this Notice, and in the contract resulting form this solicitation, the "Covered Area" is Dakota County,Minnesota. 2 3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: (I) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; (3) "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941. (4) "Minority"includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,Southeast Asia,the Indian Subcontinent,or the Pacific Islands):and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). (B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (C) If the Contractor is participating(pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables)shall be in accordance with that for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (GX1) through(16)of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female employees the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment 3 to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; (1) Ensure and maintain a working environment free of harassment, intimidation,and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred,not employed by the Contractor,this shall be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. (4) Provide immediate notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under(G)(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff,termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen,etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending,subject matter discussed,and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts,both oral and written,to minority,female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one 4 month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings,screening procedures,and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youths both on the site and in other areas of a Contractor's work force. (11)Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. (12)Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training,etc.,such opportunities. (I3)Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14)Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (I5)Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (I6)Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations [(G)(1) through (16)]. The efforts of a contractor association,joint contractor-union, contractor-community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations as enumerated above provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. (I) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. (K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry 5 out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (M)The Contractor, in fulfilling its obligations under these specifications,shall implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph(G)of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address,telephone numbers, construction trade,union affiliation if any,employee identification number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement,contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 4. Segregated Facilities The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under their control where segregated facilities are maintained except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. C. Section 503 Handicapped (Applicable to Federally assisted contracts and related subcontracts if$2,500 or over) I. Affirmative Action for Handicapped Workers (A) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (B) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (C) In the event of the Contractor's noncompliance with the requirements of this clause,actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (D) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (E) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (F) The Contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the 6 Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. D. Section 402 Veterans of the Vietnam Era (Applicable to Federally assisted contracts and related subcontracts of$10,000 or over) 1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era (A) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,and selection for training,including apprenticeship. (B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs(D)and(E). (C) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for veterans and non-veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding non-discrimination in employment. (D) The reports required by paragraph(B)of this clause shall include,but not be limited to,periodic reports which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more than on hiring location in a State, with the central office of the State employment service. Such reports shall indicate for each hiring location(1)the number of individuals hired during the reporting period,(2)the number of non- disabled veterans of the Vietnam era hired, (3)the number of disabled veterans of the Vietnam era hired, and (4)the total number of disabled veterans hired. The reports should include covered veterans hired for on-the- job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which these reports and related documentation shall be made available,upon request,for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement. (E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State system,there is no need to advise the State system when it is no longer bound by this contract clause. 7 (F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states,the District of Columbia,Puerto Rico,Guam and the Virgin Islands. (G) The provision of paragraphs(B),(C),(D),and(E)of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer- union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (H) As used in this clause: (1) "All suitable employment openings" includes,but is not limited to openings which occur in the following job categories: Production and non-production;plan and office; laborers and mechanics; supervisory and non-supervisory;technical; and executive administrative, and professional openings that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time employment, temporary employment of more than 3 days duration,and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be in the best interest of the Government. (2) "Appropriate office of the State employment service system" means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the areas where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established"recall"lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement"means employment openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (K) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. (L) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act,and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (M)The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 10,000 or more unless exempted by rules, regulation, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 8 E. Section 109 of the Housing and Community Development Act of 1974. 1. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3"Compliance in the Provision of Training.Employment and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project,binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided,and to such sanctions as are specified by 24 CFR Part 135. II. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding$100,000) A. Compliance with Air and Water Acts During the performance of this contract,the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. In addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the owner,the following: (1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non- exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. 9 (2) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act,as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection,monitoring,entry,reports and information,as well as all other requirements specified in said Section 114 and Section 308,and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director,Office of Federal Activities,EPA, indicating that a facility utilized,or to be utilized for the contract,is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. III. CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief,that: A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal Contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form—LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers(including subcontract,sub-grant, and contracts under grants, loans,and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$ 10,000 and not more than $ 100,000 for each such failure. l0 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics incurred for more than a weekly period (but not less often to be employed in the classification or their than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the constructivelymade or incurred duringsuch weeklyamount designated for fringe benefits, where appropriate), period. HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work in a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers. the classification. (ii) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further htto://www.dol.pov/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. . If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(06/2009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration (iii) The penalty for making false statements is prescribed withdraws approval of a training program, the contractor in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees at less than U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., the applicable predetermined rate for the work performed "Federal Housing Administration transactions", provides in until an acceptable program is approved. part: "Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010(06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref. Handbook 1344.1