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HomeMy WebLinkAbout06.05.23 Council Packet01"Y OF FARMINGTON [Q h rJUS191 I N11501 "I fl *111W-11 :a LT11:14 11111! "I'Di =Q, 10,111 Monday, June 5, 2023 7:00 PM Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 ME 5.1. Introduction of New Employees and Swearing in of Police Officers and 5 Paid -on -Call Fire Lieutenant Not applicable A d Swearingja of Police Officers and Paid -on -Call Fire Lieutenant - Pdf 5.2. Donation for the Farmington Firefighters Relief Association 6-7 Accept the $30,000 donation from the Farmington Firefighters Relief Association. Aaenda Item: Accept Donation For the Association - Fire - Pdf 5.3. Dakota County - Farmington Library Update 8 Not applicable A Pdf 6. CITIZENS 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 7.1. City Council Meeting Minutes of May 15, 2023 USE; Page 1 of 184 Agenda Item; City Council Meeting Minutes of May 15, 2023 - Pdf 7.2. 2024 Apple Valley/Lakeville/Farmington (ALF) Ambulance Budget 19-21 Agenda Bggg�gt - Pdf 7.3. Date Change for Farmington Rotary Club Lawful Gambling Exempt 22-23 Permit A I Gambling Exempt Permit - Pdf 7.4. Accept Perpetual Drainage and Utility Easement 24-28 Agenda Item: Accept Perpetual rainage and Utilit Easement - Pdf 7.5. Approving the Conveyance of Real Property and Lease Agreement with 29-60 Ten Nineteen Farmington, LLC Aand Lease MAreernent with Ten Nineteen Farmjngtong _1LQ_-Pdf 7.6. Development Contract - Vermillion Commons 2nd Addition 61 -79 A -Vermillion Commons 2nd Addition - Qomrnunijy_QgyqLopment -Pdf 7.7. Time Extension for Submission of Final Plat - Meadowview Preserve 80-81 Agenda Item: Time Extension for Submission of Final Plat - Meadowview Preserve - QornrnuDjjy_Qgyg!gpment -Pdf 7.8. Approve Bills Summary 82-83 Agenda enda Item: Approve ills Summa -Pdf 9 Approve Bills (Confidential) 84 Aaenda Item: Claims Lis! Confidential -Pdf 7.9. Resolution Declaring Surplus Property 85-86 A-Pdf 7.10. 2022 Pay Equity Compliance Report 87-90 Agenda Item; 2022 Pa uit Compliance eork -Pdf 7.11. Memorandums of Understanding for AFSCME Maintenance Unit, Local 91 -95 #3815, AFSCME Clerical, Technical, Professional Local #3815, LELS Patrol Local #187, LELS Sergeants Local #387 and the Addition of Juneteenth as a Paid Holiday for Non -Union Employees Agenda Iterr�: emorandums of Understanding for AFSC E Maintenance Unit, Local #3815, AFSCME Clerical, Technical Professional Local #3815 LELS Patrol - Pdf 7.12. Staff Changes and Recommendations 96 Agenda Item: Staff Changes and ations - Pdf 7.13. Memorandum of Agreement with the Dakota County Community 97-104 Development Agency for Completion of Environmental Review for Community Project Funding Page 2 of 184 Agenda Item: Approve Memorandum of Agreement with the Dakota County Community DeveloKament A envy for Completion of Environmental Review for Communit - Pdf 7.14. Resolution Accepting Donations to the Dew Run 105 - 106 Agenda Item: Resolution Acce tin onations to the Dew Run - Pdf 7.15. Professional Services Agreement with Kraus- Anderson for Facility 107 - 123 Condition Assessments Agenda Item: Approve Professional Services Agreement with Kraus - Anderson for Facility Condition Assessments - Pdf 7.16. Professional Services Agreement with TKDA for Public Works Campus 124 - 139 Improvements Agenda Item: Professional Services Agreement with TK A for Public Works Campus Improvements ® df 7.17. Professional Services Agreement with WSB for MS4 Inspections 140 - 157 Agenda Item: Professional Services A reement with WSB for MS4 Ins actions -Pdf 7.18. Professional Services Agreement for the 2022 Street and Utility 158 - 173 Improvements Amendment No. 2 A enda Item: Authorise a rofessional Services Agreement for the 2022 Street and Utility Im rovements Amendment Noa 2 -Pdf 8. PUBLIC HEARINGS 10.1. Request to Allow a Pole Building at 19215 Flagstaff Avenue 174 - 180 A enda Item: e oast to Allow a Pole uildin at 19215 Fla staff Avenue - Pdf 10.2. Waiver of Plat Requests - Donald Peterson Limited Partnership 181 - 184 Staff requests that the City Council approve the requested waiver of plat, specifically for Parcel 3 (highlighted in red) on the attached survey labeled Exhibit A and legally described in Exhibit B for the conveyance of said land to Dakota County. Agenda Item. Waiver of Plat Reguests - Donald Peterson Limited Page 3 of 184 Page 4 of 184 FARMINGTON r -28r 800 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Introduction of New Employees and Swearing in of Police Officers and Paid -on - Call Fire Lieutenant Meeting: Regular Council - Jun 05 2023 Respective department heads will introduce new employees to the Council including: Stephanie Aman - Economic Development Coordinator Anthony Berra - Parks Maintenance Worker Shirley Buecksler - City Clerk Charissa Youngs - Senior Administrative Support Technician Chief Rutherford will present Officer Kyle Miller and Officer Jason Witt for swearing in. Chief Elvestad will present Fire Lieutenant Mark Jones for swearing in. Not applicable Not applicable Not applicable Page 5 of 184 FARMINGTON To: From: Department: Subject: Meeting: r - 28 800 REGULAR COUNCIL AGENDA MEMO Mayor, Councilmembers and City Administrator Justin Elvestad, Fire Chief Fire Donation for the Farmington Firefighters Relief Association - Fire Regular Council - Jun 05 2023 The Farmington Firefighters Relief Association (FFRA) has donated $30,000 to the Farmington Fire Department. The FFRA often donates proceeds from its charitable gambling to the City of Farmington to be used to purchase equipment for Firefighters. This donation positively impacts the budget, as these dollars can be used over tax dollars to purchase equipment. Accept the $30,000 donation from the Farmington Firefighters Relief Association. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R40-23 A RESOLUTION ACCEPTING A DONATION OF $30,000 FROM THE FARMINGTON FIREFIGHTERS RELIEF ASSOCIATION FOR THE FARMINGTON FIRE DEPARTMENT WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law. ; and WHEREAS, the following persons and entities have offered to contribute to the City: The Farmington Firefighters Relief Association has donated $30,000 to the Farmington Fire Department WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept with gratitude the generous donation of $30,000 from Farmington Firefighters Relief Association to the Farmington Fire Department. Adopted by the City Council of the City of Farmington, Minnesota, this 511, day of June 2023. Joshua Hoyt, Mayor ATTEST: Shirley R Buecksler, City Clerk Page 2 of 2 Page 7 of 184 FARMINGTON To: From: Department: Subject: Meeting: 1',"" 430 Tt"Od St, Farmington, MN 550-2-4 Bril - 280, -6800 0 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO Mayor, Councilmembers and City Administrator Lynn Gorski, City Administrator Administration Dakota County - Farmington Library Update Regular Council - Jun 05 2023 Barb Svoboda the Dakota County Library Branch Manager will be providing an update on the events happening at the library. Not applicable Not applicable Not applicable FARMINGTON To: From: Department: Subject: Meeting: 1',"" 430 Tt"Od St, Farmington, MN 550-2-4 Bril - 280, -6800 0 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO Mayor, Councilmembers and City Administrator Shirley Buecksler, City Clerk Administration City Council Meeting Minutes of May 15, 2023 Regular Council - Jun 05 2023 For Council review and approval, enclosed are the minutes of the Regular City Council Meeting dated May 15, 2023. Im ►W Approve the May 15, 2023 Regular City Council Meeting minutes. 05.15.23 Council Minutes City of Farmington Regular Council Meeting Minutes Monday, May 15, 2023 The Farmington City Council met in regular session on Monday, May 15, 2023, at 7:00 p.m. in the City Hall Council Chambers, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: Councilmember Katie Porter Also Present: Lynn Gorski, City Administrator Leah Koch, City Attorney Julie Flaten, Asst City Administrator/HR Director Chris Regis, Finance Director Justin Elvestad, Fire Chief Kellee Omlid, Parks & Recreation Director Tony Wippler, Planning Manager John Powell, Public Works Director Gary Rutherford, Police Chief Shirley Buecksler, City Clerk 4. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays. 5. ANNOUNCEMENTS / COMMENDATIONS 5.1 Proclaim May 15, 2023, as Peace Officers Memorial Day and May 14-20, 2023, as Police Week The proclamation was presented by Police Chief Gary Rutherford and read by Mayor Hoyt and Councilmembers Bernatz, Lien and Wilson. Page 2 of 10 Page 10 of 184 Regular City Council Minutes May 15, 2023 Page 2 of 9 5.2 National Public Works Week Proclamation, May 21-27, 2023 The proclamation was presented by Public Works Director John Powell and read by Mayor Hoyt and Councilmembers Bernatz, Lien and Wilson. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS No one appeared before Council to speak. 7. CONSENT AGENDA 7.1 City Council Meeting Minutes of May 1, 2023 7.2 City Council Work Session Minutes of May 1, 2023 7.3 Gambling Event Permit for July 15, 2023 — Farmington Firefighters Relief Association; Resolution No. R33-23 Concurring with the Issuance of a Minnesota Lawful Gambling Exemption Permit to Conduct Gambling by the Farmington Firefighters Relief Association, July 15, 2023 7.4 Gambling Event Permit for November 11, 2023 — Farmington Firefighters Relief Association; Resolution No. R34-23 Concurring with the Issuance of a Minnesota Lawful Gambling Exemption Permit to Conduct Gambling by the Farmington Firefighters Relief Association, November 11, 2023 7.5 Temporary On Sale Liquor License — Farmington Lions Club, September 7, 2023 7.6 Tobacco License for Farmington Tobacco & Vape LLC 7.7 Dakota County Community Development Agency Redevelopment Incentive Grant Application; Resolution No. R36-23 Authorizing the Application to the Dakota County Community Development Agency for a Redevelopment Incentive Grant 7.8 Accounts Payable List 7.9 Use Agreement with Dakota Count Agricultural Society 7.10 Resolution No. R32-23 Declaring Items as Surplus and Authorizing Disposal; Fire Department 7.11 Staff Changes and Recommendations 7.12 Memorandum of Understanding with LELS Police Officers Union 7.13 Donation from Marlene Swantek to Rambling River Center; Resolution No. R31- 23 Accepting Donation of $1,000 from Marlene Swantek to the Rambling River Center 7.14 Waive Fees for 2023 Dew Days Celebration 7.15 Contract with Schwickert's Tecta America LLC for Modine Make Up Air Unit 7.16 Contract with Schwickert's Tecta America LLC for Roof Repairs 7.17 Dakota County Electronic Crimes Task Force Joint Powers Agreement 7.18 Upgrade of Outdoor Warning Sirens 7.19 Resolution No. R37-23 Declaring Items as Surplus and Authorizing Disposal, Public Works 7.20 Contract for Tree and Stump Removal Services with Northwoods Tree Service Page 3 of 10 Page 11 of 184 Regular City Council Minutes May 15, 2023 Page 3 of 9 Motion was made by Councilmember Lien and seconded by Councilmember Wilson to approve the Consent Agenda, as presented. Motion carried: 4 ayes / 0 nays. 8. PUBLIC HEARINGS There were no public hearings. UMQN�• •� None. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1 Final Plat— Vermillion Commons 2nd Addition Planning Manager Wippler presented. U.S. Home, LLC has submitted the 2nd Addition final plat for the Vermillion Commons development. The final plat contains a total of 58 townhome lots over 56.1653 acres. Vermillion Commons is located at the northwest intersection of 220th Street West and Denmark Avenue. The developer is proposing 58 townhome units in the second phase of the Vermillion Commons development. Vermillion Commons is a private townhome development that will be maintained by a homeowner's association. The approved preliminary plat for Vermillion Commons proposes 276 townhome units over a total of 75.78 acres yielding 6.7 units per acre (this calculation excludes the area of the development that is guided as Park/Open Space within the City's comprehensive plan). The property is zoned R-3 (Medium Density Residential) and guided as medium density residential in the 2040 Comprehensive Plan. This land guidance allows for 6-12 dwelling units per acre. Vermillion Commons is being developed as a Planned Unit Development (PUD). The PUD agreement for the development was approved with the initial phase in 2022. The PUD allows the use of private streets and reduces the side yard setback on a corner lot from 25 feet to 15 feet. In addition to the 58 townhome lots, the 2nd Addition final plat consists of 15 outlots. Outlot A is 31.6764 acres and consists of future development and easements for four (4) natural gas pipelines. Outlot B is 17.5508 acres and consists of wetland and floodplain and will be deeded to the City. Note that the remaining outlots within the plat will have to be relabeled C-0 prior to recording of the plat at the County, as the plat currently shows two Outlot B's. The outlots currently labeled as D, K, and N consist of private roads and storm water facility, respectively. The remaining outlots consist of common areas around the townhome lots. Page 4 of 10 Page 12 of 184 Regular City Council Minutes May 15, 2023 Page 4 of 9 Access to this site will come from 218th Street West, via the extension of Denton Avenue to the north. Denton Avenue consists of a 60-foot right-of-way with a 32-foot-wide roadway. The private streets which are to be constructed in the outlots currently labeled D and K are measured 27 feet in width with curb and gutter. An eight (8') foot wide bituminous trail will be constructed along Denmark Avenue to the extents of the 2nd Addition within a 25-foot-wide trail, drainage and utility easement. Additionally, a five (5') foot wide sidewalk will be installed on the west side of Denton Avenue. The developer is proposing 31 off-street parking spaces within the 2nd Addition. Additionally, the proposed townhomes will provide two -car garages and space for two (2) cars parked in the driveway of each unit. Engineering Review The Engineering Department has reviewed the Vermillion Commons 2nd Addition final plat and recommends approval upon satisfaction of all engineering comments related to the construction plans for grading and utilities, as well as the Applicant entering into a Development Contract with the City and all security, fees and costs paid. Planninq Commission Review The Planning Commission reviewed the final plat at its May 9, 2023 regular meeting and voted 3-0 to recommend approval of the final plat. Councilmember Wilson asked if the trail would meet county standards. Planning Manager Wippler said this is correct; it will be a county trail, and they have drawn up an easement, which will meet county standards. Councilmember Wilson asked if there is a financial partnership between the developer and the county? Planning Manager Wippler said the responsibility for construction for that trail is solely on the developer. The trail, essentially, goes to the southern end by the Fire Station and goes west, continuing in a loop through the development. Mayor Hoyt asked if 218th Street is the east -west arterial and splits the development? Planning Manager Wippler said this is correct. Mayor Hoyt asked how much of 220th is getting paved and in which phase is the entrance from 220th to the development going to be done? Planning Manager Wippler said they extended the entrance down with the initial phase and that we will have to work with the developer for the future phase for pavement. Page 5 of 10 Page 13 of 184 Regular City Council Minutes May 15, 2023 Page 5 of 9 Motion was made by Councilmember Bernatz and seconded by Councilmember Lien to adopt Resolution No. R35-23 Approving and Authorizing Signing of Final Plat, Vermillion Commons 2nd Addition. Motion carried: 4 ayes / 0 nays. 12. NEW BUSINESS None. 13.CITY COUNCIL ROUNDTABLE Councilmember Wilson Kudos to Public Works Director Powell and his team for doing such a good job. A really nice job efficiently flushing the hydrants and getting the streets cleaned. They're in great shape for almost mid- to late spring. Also, as the Chief pointed out earlier, there's an Open House this Saturday from 11 am to 2 pm at the Police Station. It should be a great family event. Councilmember Bernatz Two things that were part of the Consent Agenda: 1) Upgrade to Farmington's warning sirens — it's a reminder for everyone to pay attention to these things. They exist for a reason and it's better to be safe than sorry. When you hear the sirens, do your due diligence and get inside for safety. 2) Dew Days — as a volunteer of the Committee, I want to say thank you to the City of Farmington and City Staff for their support. This is our annual festival, so come and hang out with us. It's 38 days from now. There is a ton of information on www.FarmincftonDe Qaysacom, and I want to see everyone out there the fourth weekend in June. Attorney Koch The legislative session is coming to an end and there are new laws; the League of Minnesota Cities is a great resource for learning about those new laws and they offer a lot of great guidance. Citv Administrator Gorski Thank you to Open Door for joining us today at the Rambling River Center to discuss an opportunity to have a pop-up pantry once a month at Rambling River Center. We are going to be able to join in together, and it will start in June. We did make sure they knew about Dew Days. We are really excited about this Page 6 of 10 Page 14 of 184 Regular City Council Minutes May 15, 2023 Page 6 of 9 opportunity and this joint venture with Open Door. They feed 14,000 Dakota County residents per month and this will add to it. We are really excited to work with them. More information to come. City Clerk Buecksler Excited to meet with Shannon Williams from Inver Hills Community College tomorrow. She is the coordinator of their student voter education, registration, and outreach efforts. Since Farmington is one of their top five (5) cities where their students reside, she is looking for ways in which we can partner and educate their students in local Farmington elections. If anyone is interested in joining our elections team, reach out to me. Public Works Director Powell Sweeping is done; hydrant flushing is done except for an area by the high school that will be done once school is out; we are moving on to patching, so you'll see more activity related to spray patching, pothole patching, and large patches. Parks & Recreation Director Omlid Friday night is the Spring Food Truck Festival at Empire at the Stelzel ballfields. The Park and Recreation Commissions of Farmington and Empire put that on together. Right now, we have eight (8) food trucks from 5:00 pm to 8:00 pm. Also, Saturday night is the VFW Steak Fry, benefiting the Rambling River Center, from 5:00 pm to 8:00 pm. Currently, you can buy tickets at the Rambling River Center; otherwise, at the door on Saturday. It includes a Von Hansen steak, baked potato, salad and some lemon bars for Blanch. Also, thank you to Marlene Swantek for donating $1,000 to the Rambling River Center. She has donated significant dollars over the past few years, so we want to thank her for her support and her donation. Finance Director Regis Compiling the Capital Improvement Plan requests. We are also into phase 2 of the budget process. Fire Chief Elvestad We are exactly two months away from the 150th Celebration of the Fire Service, so find a Firefighter to purchase your raffle ticket. Police Chief Rutherford The Police Department Open House is this Saturday 11:00 am to 2:00 pm. The advance weather forecast looks spectacular, so bring a few dollars and buy some Bourbon Butcher stuff and some Kona Ice and hop in the bounce house. Check out all the stuff we have to offer. Also, on the Consent Agenda, Council approved the final appointment of our two new Police Officers. Those are the two additional positions that Council approved last year for hiring mid -year this Page 7 of 10 Page 15 of 184 Regular City Council Minutes May 15, 2023 Page 7 of 9 year. We will have some good relief once we get them on board and trained, so thank you for that. Planning Manager Wippler We have started the engagement process for the comprehensive plan and vision update. I believe all of you received a flyer that we have been distributing around town. We want to get the word out about this. We have the social pinpoint up and working on the website so please, everybody, jump on the website and do the survey. If there are any questions, feel free to contact me directly, and I'll be happy to talk about it. Mayor Hoy For those that don't know, our 2040 comprehensive plan is a road map, it is a guide. It is not a black and white clear cut, never going to change document. It is a moving document. If you look at, in 2023, what the property land use is — we currently have almost 30% of that land that does not have a dedicated future use. Currently, some of it is agricultural, and one of the main drivers coming out of community development is ... how do we want to be seen going forward? How do we want to be seen, not only across the area, but the county and the state? What is Farmington? We like to say, and we hear it often, that Farmington is a bedroom community. It's in our name that we have a strong history of agriculture and farming but, over time, that will change. We are asking residents, business owners, and community contributors, anyone, to contribute to what that looks like. The decisions that this Council and future Councils will make, with Staff recommendations, will be on that proposed future land use. Naturally, the urban crawl is going to get into our community. And it's going to look a lot different than it did today. So, this is an initiative to seek our residents' input. We really listen, and we really want to know what you think. This is one of our Council priorities, a goal of ours, to continue our transparency, continue telling our story, and involving our residents in doing so. Director Powell, to you and your team, 1 talked at my State of the City, and I used the term touchpoints. The Police Department, the Fire Department, and front office staff have touchpoints. When residents come in, they make contact. For our entire Public Works Department, their touchpoints are anything they touch in our community. Our residents don't always see that with a person. You and your team have done one heck of a job continuing to increase that standard. I walk our trails often, as many of our residents do, and we see improvements. We as Council and Staff know what's coming over the next few years and we just ask our residents to be patient. A lot of this takes a little bit more analysis to figure out which streets we start with and prioritize. I applaud your team's effort and you, specifically, for digging deep and doing the work we've asked you to do to help prioritize that as we go forward. Thank you. Page 8 of 10 Page 16 of 184 Regular City Council Minutes May 15, 2023 Page 8 of 9 Chief Rutherford, to you and your team, words are never enough ... the men and women of our Police Department are second to none. We have the strongest team anywhere. Unity, collaboration, and outreach in the community, it's stuff communities dream for. There are other cities that are spending tens of thousands of dollars to figure out the magic that we have, and you've got it. It doesn't take a week out of the year for us to recognize that. We proclaim it, and you all know it, but we will continue to drive that home every day that you all keep us safe. We're not without our problems, but our men and women step up every day and do the job that not many people want to do right now . A sincere thank you. City Administrator Gorski, the Open Door, that stems right into the Dakota County Regional Chamber of Commerce. First, congratulations to Jon Althoff on his appointment as President and Chief Mission Officer of the Dakota County Regional Chamber of Commerce. Jon Althoff, his team, along with Laura Roehl, Vice President of Partnerships and Growth, have been at our networking events and have been in town three or four times in the last two weeks. The Regional Chamber has a huge presence in this community. Even more so now than they have in months past. We were sitting right here, and the Director for Open Door made a connection with a member of the Regional Chamber, which turned into a site visit for you and I, a great tour, that turned into their visit today and now we're going to start having events. Again, that just drives home the power of networking and how we continue to go out and ask others to be a part of Farmington, and this is a huge one for us. Councilmember Bernatz, you hit on it with Dew Days, but whether it's Relay for Life, Toys for Town, Dew Days, the Community Expo, what used to be Ramble Jam, there are so many events in this community, and there is never a doubt that our residents, our business owners, or organizers, our groups, step up over and over and over again. Hundreds of thousands of dollars a year gets donated back, and whether it's through fundraisers or whatever it may be, this community does it better than anyone. We just have that magic that so many communities try to figure out. We got it. Look past the stuff that's not happening, what you don't see, and see what happens on the streets every single day. Your fellow residents, business owners, and community organizers, youth groups and non -profits continue to step up over and over and over again to be sure every need that gets asked ... gets answered. I couldn't be more proud than ever to see what I've seen in the last six months. All financial indicators tell you that donations should be down, and people are conserving a little bit more, but we are blowing away records. A sincere heartfelt thank you on behalf of myself, the entire Council, and the entire team at the City of Farmington for everything that our residents, our business owners, our non -profits, our community organizers, and everyone throughout Farmington, continues to ensure that all these events go on and are as successful as they can be. Thank you. Page 9 of 10 Page 17 of 184 Regular City Council Minutes May 15, 2023 Page 9 of 9 Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to adjourn the meeting at 7:29 p.m. Motion carried: 4 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 10 of 10 Page 18 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Lynn Gorski, City Administrator Department: Administration Subject: 2024 Apple Valley/Lakeville/Farmington (ALF) Ambulance Budget Meeting: Regular Council - Jun 05 2023 Attached for your review and consideration is the 2024 Apple Valley/Lakeville/Farmington (ALF) Budget. The joint powers agreement that exists as a part of the Apple Valley/ Lakeville/ Farmington Ambulance states that on or before July 1st of each year, the annual operating budget for the following calendar year as recommended by the ALF Board shall be submitted to each member city council for approval or disapproval. ALF contracted out the day-to-day operations of the ambulance service to Allina; the budget remains very simple. The dollars that remain in the budget have traditionally been kept here to be used for any challenges that may arise related to the licensure issue for our area. These issues are nearing a resolution. When the ALF board feels confident in the licensure resolution, they will address the remaining fund balance. The ALF Board met on May 25, 2023, and approved the budget, pending City Council's approval. Councilmember Wilson is the City Council representative on that board and has made a recommendation for approval. Not applicable Motion to approve the 2024 ALF Ambulance budget, as presented. A.L.F. AMBULANCE BOARD RESOLUTION 23-01 RESOLUTION APPROVING THE 2024 BUDGET WHEREAS, The A.L.R. Ambulance joint Powers Agreement states "On or beforejuly 1 of each year, the annual operating budget for the following calendaryear as reconiniended by the Board shall be submitted to each inernber City Council for approval or disapproval, 1. The 2024 A.L.F. Budget, a copy of which is attached hereto, is hereby approved. 2. The 2024 AIX. Budget is authorized to be transmitted to the member city councils for their approval or disapproval. ADOPTED by the A.L.F. Ambulance Board this 25th day of May 2023, A.L.R. AMBULANCE BOARD A.L.F. Ambulance Board Chair Secretary Page 2 of 3 Page 20 of 184 Additions Townships Interest on investments Market value adjustment Total additions Deductions Expenses Other Total deductions Net changes in cash before distributions Distribution of cash Apple Valley Lakeville Farmington Total distribution of cash Net changes in cash position Cash balance, January I Cash balance, December 31 A.L.F. AMBULANCE Statement of Cash Flows 2022 2023 Actual Adopted $ 1,500 1,500 $ 2,977 3,800 (8,444) (3,967) 5,30-0 2023 2024 Estimate Proposed 1,500 $ 1,500 3,800 3,800 459 500 500 Soo 459 500 500 Soo (4,426) 4,800 4,800 4,800 (4,426) 206,614 4,800 211,414 4,800 202,188 4,800 206,988 $ 202,188 $ 216,214 $ 206,988 $ 211,788 Page 3 of 3 Page 21 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Date Change for Farmington Rotary Club Lawful Gambling Exempt Permit Meeting: Regular Council - Jun 05 2023 City Council previously approved an application for Lawful Gambling Exempt Permit for the Farmington Rotary Club for a raffle on June 23, 2023. Since that time, they would like to change the date of the event to September 6, 2023. The Farmington Rotary Club has been in contact with the Minnesota Gambling Control Board. The Board has no issues with the change but will need a resolution from the City approving this change. Not applicable Not applicable Adopt Resolution No. R42-23 Concurring with the Issuance of a Minnesota Lawful Gambling Exemption Permit to Conduct Gambling by the Farmington Rotary Club, September 6, 2023. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R42-23 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPTION PERMIT TO CONDUCT GAMBLING BY THE FARMINGTON ROTARY CLUB, SEPTEMBER 6, 2023 WHEREAS, the Farmington Rotary Club previously made application for a Lawful. Gambling Exempt Permit to the Gambling Control Board to conduct gambling in the form of a raffle to be conducted on June 23, 2023; and WHEREAS, City Council approved the application at their regular meeting on April 17, 2023; and WHEREAS, the Farmington Rotary Club would like to change the date of the raffle from June 23 to September 6, 2023; and WHEREAS, the Farmington Rotary Club has discussed this change with the Minnesota Gambling Control Board, and they have no objection to the change; and WHEREAS, the City of Farmington has no objection to said activity and approves the date change to September 6, 2023. NOW, THEREFORE, BE IT RESOLVED, that Farmington Mayor and City Council hereby concurs with the issuance of a Lawful Gambling Exemption Permit by the Gambling Control Board to the Farmington Rotary Club on September 6, 2023 at Rambling River Center, 325 Oak Street, Farmington, Minnesota. Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of June 2023. Joshua Hoyt, Mayor ATTEST: Shirley R Buecksler, City Clerk Page 2 of 2 Page 23 of 184 FARMINGTON 430 Tt,Od St, Farmington, MN 550-2-4 -280-6800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Accept Perpetual Drainage and Utility Easement Meeting: Regular Council - Jun 05 2023 Ten Nineteen - Farmington, LLC has prepared a perpetual drainage and utility easement (attached) in favor of the City for an existing storm sewer on property to be acquired from the City as part of the redevelopment of 310 3rd Street. The attached easement is required as a condition of the purchase agreement for the portion of Second Street to be conveyed to Ten Nineteen - Farmington, LLC. The easement is a ten (10') foot wide easement to be centered over an existing storm sewer that is located within the property to be conveyed. The easement is depicted and described on the attached easement exhibit. BUDGET IMPACT: Not applicable Accept the easement and authorize the Mayor and City Administrator to sign the easement document as the grantee. DU Utilitv Easement 2nd St 6,1023 DU EASEMENT EXHIBIT 6-1-23 PERPETUAL DRAINAGE AND UTILITY EASEMENT This Easement is made on June , 2023, by and between Ten Nineteen - Farmington LLC, a Minnesota limited liability company, "Grantor" and the City of Farmington, a Minnesota municipal corporation, Grantee. That for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey to the Grantee and its successors and assigns, a perpetual drainage and utility easement over property situated in Dakota County, State of Minnesota, described as follows: See Exhibit A attached hereto and incorporated herein. The easement is for the benefit of the City of Farmington, Minnesota, and its successors and assigns and it is expressly intended that all rights, title, and privileges herein declared shall run with the land and shall be binding upon the owners of the Easement Property, its successors and assigns. IN WITNESS WHEREOF, the parties have hereunto executed this document the day and year first above written. GRANTOR: Ten Nineteen - Farmington LLC By Markus R. Ebert, Its President Page 2 of 5 Page 25 of 184 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN) The foregoing was acknowledged before me this day of June, 2023 by Markus R. Ebert, President of Ten Nineteen - Farmington LLC, Grantor herein. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK). SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL GRANTEE: City of Farmington LIZZ Joshua Hoyt, Mayor M STATE OF MINNESOTA ) ss COUNTY OF DAKOTA Lynn Gorski, Administrator/Treasurer The foregoing instrument was acknowledged before me this day of June, 2023 by Joshua Hoyt, Mayor and by Lynn Gorski, Administrator/Treasurer, of the City of Farmington, a Minnesota municipal corporation, on behalf of the Corporation and pursuant to the authority granted by the City Council. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK). SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL THIS DOCUMENT DRAFTED BY: Ten Nineteen — Farmington LLC 23350 Co Rd 10 Corcoran, MN 55357 2 Page 3 of 5 Page 26 of 184 Exhibit A (LEGAL DESCRIPTION) A perpetual easement for utility purposes over, under, and across Page 4 of 5 Page 27 of 184 04C '4 J, C, C, 0 0 go. 161 N LO gelz 3.IZrf'.IN 1 �QNO -3s 19vz 3.,Zr.= , r— I I I = W 9669 Cf. I 3 ie d gymv N ui 'A� uj LU 4� a,, 'a — - - - - - - --- Obp 0 C6 00S LJJ Q0 1,2 h Z oo LU o uJ t� 7� z E E E E t zo tot c q) Z ,Q -a 2 2 a o Z, 2 t co LU EQ: Z W q, LQ Oc Page 5 of 5 Page 28 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community Dev Director Department: Community Development Subject: Approving the Conveyance of Real Property and Lease Agreement with Ten Nineteen Farmington, LLC Meeting: Regular Council - Jun 05 2023 On April 4, 2023, the City Council approved a Purchase Agreement and a Lease Agreement with Ten Nineteen Development, LLC related to the Ebert Downtown Apartment project. The operators of Ten Nineteen Development, LLC have created a new company to purchase the subject property and lease the Lease Property from the City. The new entity is Ten Nineteen Farmington, LLC. Action is required by the City Council convey the property to the new entity. Staff was recently contacted the Ebert Company as we are working towards property closing and execution of all related documents. They are creating a new LLC with the Secretary of State and have asked that the contracts, agreements, etc. be executed in the new LLC name. The original LLC was Ten Nineteen Development LLC, and the new corporation is Ten Nineteen Farmington LLC. Staff worked with the city's legal counsel to identify the required actions needed to convey the property to the new corporation. The attached resolution recognizes that the city entered into a purchase agreement and a lease agreement with the original corporation and finds that conveyance to Ten Nineteen Farmington LLC is appropriate. The Purchase Agreement and Lease Agreement have also been updated accordingly. Not applicable Consider approval of Resolution R41-23 Approving the Conveyance or Real Property and Lease Agreement. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R41-23 RESOLUTION APPROVING THE CONVEYANCE OF REAL PROPERTY AND LEASE AGREEMENT WHEREAS, the City Council approved a Purchase Agreement to Ten Nineteen Development, LLC in Resolution R22-23 on April 4, 2023, pertaining to the property described in Exhibit A ("Subject Property"); and WHEREAS, the City Council approved a Lease Agreement between the City and Ten Nineteen Development, LLC on April 4, 2023, pertaining to the property described in Exhibit B ("Lease Property"); and WHEREAS, the operators of Ten Nineteen Development, LLC have created a new company to purchase the Subject Property and lease the Lease Property from the City, Ten Nineteen Farmington, LLC; and WHEREAS, the City Council finds that the conveyance to Ten Nineteen Farmington, LLC rather than Ten Nineteen Development, LLC is appropriate; and WHEREAS, the Planning Commission has reviewed the proposed sale of the Subject Property and has found that such sale is in conformance with the City's Comprehensive Plan; and WHEREAS, the City Council finds that the sale of the Subject Property is in the public's interest and furthers the aims and purposes of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, as follows: 1. The Purchase Agreement, attached hereto as Exhibit A, is hereby approved. 2. The Lease Agreement, attached hereto as Exhibit B, is hereby approved. 3. The City Attorney and City Staff are authorized to finalize all documents necessary to complete the sale of the Subject Property and the lease of the Lease Property. 3. The Mayor and City Administrator are authorized to execute any and all documents necessary and required under the terms of the Agreement to affect the sale of the Subject Property and the lease of the Lease Property. Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of June 2023. Joshua Hoyt, Mayor ATTEST: Shirley R Buecksler, City Clerk Page 2 of 32 Page 30 of 184 Exhibit A Purchase Agreement Page 3 of 32 Page 31 of 184 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made on the day of , 2023, ("Effective Date") by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, ("Seller"), and TEN NINETEEN FARMINGTON, LLC, a Minnesota limited liability company ("Buyer"). WHEREAS, the Seller is the owner of real property in the City of Farmington, Dakota County, Minnesota, and legally described on Exhibit A attached hereto ("Seller Property"); WHEREAS, the Buyer is under contract to become the fee owner of real property in the City of Farmington, Dakota County, Minnesota and legally described on Exhibit D attached hereto ("Buyer Property"); WHEREAS, the Buyer desires to acquire that portion of the Seller Property identified as "Subject Property" on the attached Exhibit B and the Seller will retain the portion of the Seller Property identified in Exhibit C as the "Lease Parcel"; and WHEREAS, simultaneous with the conveyance under this Agreement, the Buyer and Seller agree to enter into a lease agreement for parking on the Lease Parcel substantially in the form attached hereto as Exhibit E ("Lease Agreement") and the Buyer shall enter into a Contract for Private Redevelopment with the Farmington Economic Development Authority ("BDA") for the Subject Property and the Buyer Property. NOW, THEREFORE, the Buyer and Seller agree as follows: 1. SALE OF PROPERTY. Seller agrees to sell and Buyer agrees to buy the Property. 2. PRICE AND TERMS. Buyer agrees to purchase the Subject Property for the sum of One and No/100 Dollars ($1.00) (the "Purchase Price"), which shall be payable by Buyer to Seller in cash or certified funds in full on the Date of Closing. 3. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Quit Claim Deed for the Subject Property, conveying good and marketable title of record, subject to only to the following exceptions (collectively, "Permitted Exceptions"): A. Reservation of minerals or mineral rights by the State of Minnesota, if any; B. Building and zoning laws, ordinances, and state and federal regulations; C. Covenants, conditions, restrictions, and easements of record; D. Permitted Exceptions as provided under Paragraph 5 of this Agreement; and E. The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of closing which by the terms of this Purchase Agreement are to be paid or assumed by the Buyer. 2252610 Page 4 of 32 Page 32 of 184 4. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. On or prior to the Date of Closing, (a) Seller shall pay all levied special assessments against the Subject Property which are due and payable for all years prior to the year of the Date of Closing, and (b) Buyer shall assume all pending and levied special assessments as of the Date of Closing and thereafter. Buyer shall pay all real estate taxes and pending and levied special assessments due and payable in the year following Closing and thereafter. 5. TITLE EXAMINATION. A. Within fifteen (15) days of the date of this Agreement, Buyer shall obtain, at its cost, a title commitment for the Subject Property from a title insurance company acceptable to Buyer (the "Title Commitment"). Buyer must send a copy of the Title Commitment to Seller. Within fifteen (1.5) days after Buyer's receipt of the Title Commitment, Buyer may make objections to the Title Commitment ("Title Defects") by submitting written notice thereof to Seller ("Buyer's Title Notice"). Any items on the Title Commitment not objected to by Buyer as a Title Defect shall be deemed to be a "Permitted Exception". B. Seller shall have twenty (20) business days from receipt of Buyer's written title objections to notify Buyer of Seller's intention to make title marketable within sixty (60) days from Seller's receipt of such written objections. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title within ten (10) days after written notice to Buyer, the parties shall perform the Agreement according to its terms. If no such notice is given, or if notice is given but title is not corrected within the time provided for, this Agreement shall be null and void, at the option of Buyer, and in such case, neither party shall be liable for damages hereunder to the other. C. Notwithstanding anything else herein to the contrary, the Closing Date shall be extended if required to allow the parties the time periods set forth above. 6. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer's authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Subject Property in order to make, at Buyer's expense, surveys, measurements, soil tests, and other tests that Buyer shall deem necessary. Buyer shall not perform any invasive testing of the Subject Property without Seller's prior written consent. Seller's consent may be conditioned upon any restrictions that Seller deems necessary. Buyer shall provide to Seller a copy of any such surveys, measurements, soil tests, or other tests within five (5) days after receipt. Buyer agrees to restore any resulting damage to the Subject Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Notwithstanding the foregoing, Buyer's liability shall not exceed the limits provided under Minn. Stat. Ch. 466. 7. WELL DISCLOSURE. [Check one of the following:] 0 Seller certifies that Seller does not know of any wells on the Subject Property. 2252610 2 Page 5 of 32 Page 33 of 184 ❑ Wells on the Subject Property are disclosed by Seller on the attached Well Disclosure form. 8. DISCLOSURE OF INDIVIDUAL ON SITE SEWAGE TREATMENT SYSTEM. [Check one of the following:] © Seller certifies that Seller does not know of any individual on -site sewage treatment systems on the Subject Property. ❑ Individual on -site sewage treatment systems on the Subject Property are disclosed by Seller on the attached Disclosure form. 9. PROTECTED HISTORICAL SITES. [Check one of the following:] © Seller represents that Seller does not know if there are historical, native American, or archeological materials on or in the Subject Property that might be protected by law. ❑ Seller represents that the Subject Property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Buyer's obligation to close is contingent upon Buyer determining to Buyer's satisfaction that the Subject Property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. 10. REPRESENTATIONS OF SELLER. A. Seller, as part of the consideration therefore, represents, warrants, and covenants with Buyer and its successors and assigns that: 1. Authority. Subject to the terms and conditions of the Agreement, Seller has full power and authority to enter into this Agreement and incur and perform its obligations hereunder. 2. Special Assessments. Seller has not received any notice from any governmental authority as to pending or proposed special assessments. 3. Unpaid Labor and Materials. Seller represents and warrants that Seller is not indebted for labor or material that might give rise to the filing of notice of mechanic's lien against the Property. 4. Hazardous Substances. To the best of Seller's knowledge: (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 U.S.C. § 6901, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601, et seq.), including, without limitation, any asbestos or asbestos -related products or materials and any oils, petroleum -derived compounds, or pesticides ("Hazardous Materials") have been generated, treated, stored, released, or disposed of or otherwise placed, deposited azsa6lvi 3 Page 6 of 32 Page 34 of 184 in, or located on the Subject Property; and (ii) the Subject Property is free of Hazardous Materials and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Property. 5. Proceedings. That Seller has not received notice of (a) any actual or pending litigation or proceeding by any organization, person, individual or governmental. agency against Seller with respect to the Subject Property or against the Subject Property, (b) any violation of the Subject Property's compliance with applicable fire safety laws, building code ordinances, zoning ordinances or any similar statutes, ordinances, laws, rules or regulations, (c) any condition, defect or inadequacy which, if not corrected, would result in the termination of, or increase in the cost of, insurance coverage, (d) any proceedings which could cause the change, redefinition or other modification of the zoning classifications or of other legal requirements applicable to the Subject Property or any part thereof, or (e) any pending or threatened condemnation proceeding that would affect the Subject Property. B. All of Seller's covenants, representations, and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Buyer's obligations hereunder. If Buyer discovers that any such covenant, representation, or warranty is not true in any material respect, Buyer may elect prior to Closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. If Buyer elects to proceed with the Closing following such discovery, Buyer shall be deemed to have waived its rights to assert a claim against Seller arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty. 11. AS -IS CONDITION. BUYER ACKNOWLEDGES THAT BUYER IS PURCHASING THE SUBJECT PROPERTY IN RELIANCE SOLELY ON THE REPRESENTATIONS OF SELLER SET FORTH IN THIS AGREEMENT AND BUYER'S INSPECTION OF THE SUBJECT PROPERTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER INFORMATION PERTAINING TO THE SUBJECT PROPERTY DELIVERED TO BUYER BY SELLER, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT UPON THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT SUBJECT TO SELLER'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS PURCHASE AGREEMENT SELLER SHALL SELL AND BUYER SHALL ACCEPT THE SUBJECT PROPERTY "AS IS. WHERE IS. WITH ALL FAULTS". 0 225261v1 Page 7 of 32 Page 35 of 184 1.2. SELLER'S CONTINGENCIES. Seller's obligation to close on the purchase of the Subject Property is conditioned on the following contingencies, any of which, may be waived by Seller, in writing: A. Contract for Private Redevelopment. At Closing, the Buyer shall present and record an executed Contract for Private Development ("Contract") between the Buyer and the EDA concerning the project to be built on the Buyer Property and the Subject Property. B. Fee Ownership of Buyer's Property. At Closing, the Buyer shall obtain fee ownership of the Buyer Property. C. Lease Agreement. Buyer executing the Lease Agreement. D. Lot Combination. Buyer shall, within thirty (30) days of the Closing Date, combine the Subject Property with the Buyer's Property. This contingency shall survive after the Closing Date. E. Utility Easement. Buyer shall execute and record at time of closing a utility easement for the storm sewer lines that are located within the Subject Property. F. Access Easement and Fire Lane. Buyer shall execute and record at time of closing an easement that allows the general public access through the Subject Property to the Second Street parking lot along with providing a fire lane from the terminus of Second Street to Elm Street. If the Seller's Contingencies have not been satisfied on or before the dates identified herein, and unless otherwise agreed to by the parties in writing, then the Seller may terminate this Agreement by giving notice to the other parry on or before the Closing Date. 13. BUYER'S CONTINGENCIES. Buyer's obligation to close on the purchase of the Subject Property is conditioned on the following contingencies, any of which, may be waived by Buyer, in writing: A. Contract for Private Redevelopment. The EDA and Buyer have executed the Contract providing for tax increment financing for the project to be constructed on the Buyer Property and the Subject Property to be recorded at Closing. B. Lease Agreement. Seller executing the Lease Agreement. C. Warranties. The representations and warranties of Seller set forth in this Agreement must be true as of the date of this Agreement and on the Closing Date, and Seller shall have delivered to Buyer at Closing a certificate dated the Closing Date, signed by Seller, certifying that such representations and warranties are true as of the Closing Date. 22s2s1vi Page 8 of 32 Page 36 of 184 D. Inspection. Buyer determining on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of matters disclosed by any environmental/engineering investigation or testing of the Subject Property performed by Buyer or Buyer's agent. E. Title. Buyer's satisfaction with the title to the Subject Property subject to the terms of Paragraph 5. F. Lot Subdivision. On or prior to the Closing Date, Seller receives a waiver of plat for the lot subdivision of the Seller Property under City Code 11-1-5 to separate the Subject Property. If the Buyer's Contingencies have not been satisfied on or before the dates identified herein, and unless otherwise agreed to by the parties in writing, then the Seller may terminate this Agreement by giving notice to the other party on or before the Closing Date. 14. POSSESSION. Seller shall deliver possession of the Subject Property not later than the actual Date of Closing. 15. CLOSING. The closing (the "Closing") shall occur simultaneous with the recording of the Contract and take place on or before June 1, 2023 except as otherwise extended or terminated pursuant to the terms of this Agreement ("Closing Date"). At Closing, Seller and Buyer shall disclose their Federal Tax Identification Numbers for the purpose of completing state and federal tax forms. 16. CLOSING DOCUMENTS. A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the "Closing Documents"): 1. Quit Claim Deed. A Quit Claim Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: "Seller certifies that the Seller does not know of any wells on the described Property." 2. Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Subject Property; that there has been no skill, labor or material furnished to the Subject Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Subject Property. 3. Non -Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Seller, containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Seller is not a "foreign person" as defined in § 1445(f)(3) of such Code and such regulations. 0 2zs2slvi Page 9 of 32 Page 37 of 184 4. Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. 5. Well Certificate. If there is a well located on the Subject Property, a well disclosure certificate in form and substance true to form for recording. 6. Certification. A certification that the representations and/or warranties made by Seller are materially the same as were in existence on the date of this Agreement or noting any changes thereto. 7. Other Documents. All other documents reasonably determined by either party and the title company to be necessary to transfer and provide title insurance for the Subject Property. 8. Contract. The Contract required under Paragraph 12(A) and 13(A) of this Agreement. 9. Lease Agreement. The Lease Agreement attached as Exhibit E. B. At the Closing, Buyer shall execute and deliver to Seller the following: 1. Contract. The Contract required under Paragraph 12(A) and 13(A) of this Agreement. 2. Lease Agreement. The Lease Agreement attached as Exhibit E. 3. Other Documents. All documents reasonably determined by either party and the title insurance company to be necessary to provide title insurance for the Subject Property. 4. Purchase Price. Payment of the Purchase Price. 5. Access Easement and Fire Lane. An easement that allows the general public access through the Subject Property to the Second Street parking lot and a fire lane from the terminus of Second Street to Elm Street. 6. Utility Easement. An easement for the storm sewer lines that are located within the Subject Property. 7. Lot Combination Request. A lot combination request to be submitted to Dakota County to combine Buyer Property and Subject Property. 17. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as follows: A. Buyer shall pay: 0 22s261vi Page 10 of 32 Page 38 of 184 1. Costs of title insurance commitment. 2. Recording fee for the Quit Claim Deed; 3. Closing fees; 4. The premium for owner's title insurance; 5. State deed tax; 6. Conservation fee attributable to said deed; 7. All costs related to obtaining the Contract and Lease Agreement. 18. TIME IS OF THE ESSENCE; CALCULATION OF TIME PERIODS. Time is of the essence for all provisions of this Agreement. 1.9. SURVIVAL. Except as expressly set forth herein, no warranties, representations, covenants, obligations, or other agreements contained in this Agreement shall survive the Closing. 20. RECITALS. The Recitals are hereby incorporated as a material part of this Agreement with the same force and effect as if restated in full in this Paragraph. 21. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 22. ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Subject Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 23. GOVERNING LAW. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. Any litigation or mediation regarding this matter shall be venued in Dakota County, Minnesota. 24. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the addresses provided below and if mailed, are effective as of the date of mailing: TO SELLER: City of Farmington Attn: City Administrator 430 Third Street Farmington, MN 55024 with copy to: Campbell Knutson, P.A. Attn: Farmington City Attorney Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 2zs2sivi Page 11 of 32 Page 39 of 184 TO BUYER: With a copy to: Attn: Attn: 25. COUNTERPARTS. This Agreement may be executed in one or more counterparts each of which when so executed and delivered shall be an original, but together shall constitute one and the same instrument. (SIGNATURES ARE ON THE FOLLOWING PAGE) 9 225261v] Page 12 of 32 Page 40 of 184 IN WITNESS WHEREOF, Buyer has executed this Agreement the day of , 2023. TEN NINETEEN FARMINGTON, LLC Its [print name] 10 22s2s1vi Page 13 of 32 IN WITNESS WHEREOF, Seller has executed this Agreement the day of , 2023. CITY OF FARMINGTON an Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk 11 225261vi Page 14 of 32 Page 42 of 184 EXHIBIT "A" TO PURCHASE AGREEMENT Seller Property Legal Description: That part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 114, Range 19, and the railroad right of way, as dedicated on the recorded plat of TOWN OF FARMINGTON, Dakota County. Minnesota, described as follows: Beginning at the Northwest corner of Block 22 of said plat of TOWN OF FARMINGTON; thence North 89 degrees 36 minutes 1.0 seconds West, assuming the West line of said Block 22 bears North 11 degrees 34 minutes 01 seconds East, a distance of 101.93 feet to a line parallel with and 100 feet Westerly of said West line of Block 22, as measured at a right angle therefrom; thence South 11 degrees 34 minutes 01 seconds West, along said parallel line, a distance of 53.80 feet; thence South 78 degrees 25 minutes 59 seconds East, a distance of 23.37 feet; thence South 32 degrees 54 minutes 37 seconds East, a distance of 23.65 feet; thence South 09 degrees 42 minutes 34 seconds West, a distance of 108.20 feet; thence South 80 degrees 18 minutes 48 seconds East, a distance of 42.02 feet; thence South 89 degrees 30 minutes 58 seconds East, a distance of 14.83 feet to the West line of said Block 22; thence North I I degrees 34 minutes 01 seconds East, along said West line, a distance of 194.34 feet to the point of beginning. AND That part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 114, Range 19, and the railroad right of way as dedicated on the recorded plat of TOWN OF FARMINGTON, Dakota County, Minnesota, described as follows: Commencing at the Northwest corner of Block 22 of said plat of TOWN OF FARMINGTON; thence North 89 degrees 36 minutes 10 seconds West, assuming the West line of said Block 22 bears North 11 degrees 34 minutes 01 seconds East, a distance of 101.93 feet to a line parallel with and 100 feet Westerly of said West line of Block 22, as measured at a right angle therefrom; thence South 11 degrees 34 minutes 01 seconds West, along said parallel line, a distance of 53.80 feet to the point of beginning; thence South 78 degrees 25 minutes 59 seconds East, a distance of 23.37 feet; thence South 32 degrees 54 minutes 37 seconds East, a distance of 23.65 feet; thence South 09 degrees 42 minutes 34 seconds West, a distance of 169.67 feet; thence North 33 degrees 01 minutes 06 seconds West, a distance of 21.90 feet; thence North 49 degrees 16 minutes 29 seconds West, a distance of 24.22 feet; thence South 54 degrees 33 minutes 20 seconds West, a distance of 21.65 feet; thence North 09 degrees 42 minutes 34 seconds East, a distance of 156.95 feet; thence North 54 degrees 33 minutes 20 seconds East, a distance of 16.04 feet to a line that bears South I degrees 34 minutes 01 seconds West from the point of beginning; thence North ll degrees 34 minutes 01 seconds East, a distance of 6.29 feet to the point of beginning. 22s2s1vi 12 Page 15 of 32 Page 43 of 184 EXHIBIT "B" TO PURCHASE AGREEMENT Subject Property Legal Description: That part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 114, Range 19, and the railroad right of way, as dedicated on the recorded plat of TOWN OF FARMINGTON, Dakota County. Minnesota, described as follows: Beginning at the Northwest corner of Block 22 of said plat of TOWN OF FARMINGTON; thence North 89 degrees 36 minutes 1.0 seconds West, assuming the West line of said Block 22 bears North 11 degrees 34 minutes 01 seconds East, a distance of 101.93 feet to a line parallel with and 100 feet Westerly of said West line of Block 22, as measured at a right angle therefrom; thence South 11 degrees 34 minutes 01 seconds West, along said parallel line, a distance of 53.80 feet; thence South 78 degrees 25 minutes 59 seconds East, a distance of 23.37 feet; thence South 32 degrees 54 minutes 37 seconds East, a distance of 23.65 feet; thence South 09 degrees 42 minutes 34 seconds West, a distance of 108.20 feet; thence South 80 degrees 18 minutes 48 seconds East, a distance of 42.02 feet; thence South 89 degrees 30 minutes 58 seconds East, a distance of 14.83 feet to the West line of said Block 22; thence North I I degrees 34 minutes 01 seconds East, along said West line, a distance of 194.34 feet to the point of beginning. 22s261vi 13 Page 16 of 32 Page 44 of 184 EXHIBIT "C" TO PURCHASE AGREEMENT Lease Property Legal. Description: That part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 1.1.4, Range 19, and the railroad right of way as dedicated on the recorded plat of TOWN OF FARMINGTON, Dakota County, Minnesota, described as follows: Commencing at the Northwest corner of Block 22 of said plat of TOWN OF FARMINGTON; thence North 89 degrees 36 minutes 10 seconds West, assuming the West line of said Block 22 bears North 11 degrees 34 minutes 01 seconds East, a distance of 101.93 feet to a line parallel with and 100 feet Westerly of said West line of Block 22, as measured at a right angle therefrom; thence South 11 degrees 34 minutes 01 seconds West, along said parallel line, a distance of 53.80 feet to the point of beginning; thence South 78 degrees 25 minutes 59 seconds East, a distance of 23.37 feet; thence South 32 degrees 54 minutes 37 seconds East, a distance of 23.65 feet; thence South 09 degrees 42 minutes 34 seconds West, a distance of 169.67 feet; thence North 33 degrees 01 minutes 06 seconds West, a distance of 21.90 feet; thence North 49 degrees 16 minutes 29 seconds West, a distance of 24.22 feet; thence South 54 degrees 33 minutes 20 seconds West, a distance of 21.65 feet; thence North 09 degrees 42 minutes 34 seconds East, a distance of 156.95 feet; thence North 54 degrees 33 minutes 20 seconds East, a distance of 16.04 feet to a line that bears South I I degrees 34 minutes 01 seconds West from the point of beginning; thence North 11 degrees 34 minutes 01 seconds East, a distance of 6.29 feet to the point of beginning. 225261v1 14 Page 17 of 32 Page 45 of 184 EXHIBIT (4D99 TO PURCHASE AGREEMENT Legal Description of Buyer's Property: Lots I and 2, Block 1, Town of Farmington, according to the recorded plat, Dakota County, Minnesota. PID:147700022028 225261vl 15 Page 18 of 32 Page 46 of 184 EXHIBIT "E" TO PURCHASE AGREEMENT Lease Agreement 16 22s261vi Page 19 of 32 Page 47 of 184 Exhibit B Lease Agreement Page 20 of 32 Page 48 of 184 LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") is made on the day of , 2023, ("Effective Date") by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, ("City"), and Ten Nineteen Farmington, LLC, a Minnesota limited liability company ("Lessee"). WHEREAS, the City is the owner of real property in the City of Farmington, Dakota County, Minnesota, which is currently part of a public parking lot and, with a portion of the parking lot area subject to that certain easement agreement dated July 30, 1998 with Soo Line Railroad Company, dba Canadian Pacific Railway all legally described on Exhibit A attached hereto ("Premises"); WHEREAS, Lessee is owner of property legally described in Exhibit B attached hereto ("Lessee Property") which is intended for future development of residential buildings; WHEREAS, Lessee requires additional parking for the residential use contemplated on Lessee Property; and WHEREAS, the Lessee desires to rent the Premises from the City and the City desires to lease the Premise to the Lessee for parking purposes. NOW, THEREFORE, the City and Lessee agree as follows: 1. LEASE OF PROPERTY. The City, in consideration of the rent, terms, and conditions of this Agreement, does hereby exclusively lease unto Lessee, and Lessee does hereby rent, lease, hire, and take from the City, subject to the terms and conditions of this Agreement, the Premises. Lessee takes and rents the Premises from the City "as is" and "where is" without any liability or obligation on the part of the City to make any alterations, improvements, or repairs of any kind or nature, on or about said Premises. 2. TERM. The initial term of this Agreement ("Initial Term") shall be for a period of 30 years, commencing on , and ending on This Agreement may be renewed for up to three (3) successive, ten-year terms (collectively, "Renewal Terms" or individually, "Renewal Term") on the same terms and conditions as set forth in this Agreement, the lease shall automatically renew unless a party gives written notice to end the automatic renewal at least 180 days before the end of the current term. 3. RENT. Lessee hereby agrees to pay rent in the sum of One and No/100 Dollars ($1.00) per year for the Premises, payable on the first day of commencing 1, 2023. 4. INSURANCE. A. Lessee agrees to obtain and maintain during the term of this Lease the following insurance coverage: 2253490 Page 21 of 32 Page 49 of 184 1. Worker's Compensation. The Lessee must maintain Workers' Compensation insurance in compliance with all applicable statutes, rules, and regulations. The policy shall also provide Employer's Liability coverage with limits of not less than. $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. 2. General Liability. The Lessee must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual liability, independent contractors, and products/completed operations. The Lessee must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. 3. Automobile Liability. The Lessee must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of rides afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided by Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. 4. Lessee Property Insurance. The Lessee must keep in force for the duration of the Lease a policy covering damages to its property at the Premises. The amount of coverage shall be for the full insurable value and be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. 5. Hazardous Materials Coverage. Lessee must carry sufficient coverage, to the reasonable satisfaction of City, for damage caused by Hazardous Materials. 6. Excess Liability. Lessee shall also maintain an umbrella or excess liability insurance policy with a combined single limit of $5,000,000.00 which provides coverage in excess of all other coverages (except Workers' Compensation) required to be maintained by Lessee under this Lease. B. Additional Insured - Certificate of Insurance. The Lessee shall provide evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A or better), licensed to do business in the State of Minnesota, which includes all coverages required in 2253490 2 Page 22 of 32 Page 50 of 184 this Paragraph. Lessee will name the City as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be cancelled, non -renewed, or reduced without thirty (30) days prior written notice to the City. C. City and Lessee hereby release each other from any and all liability or responsibility (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary policy of the insurance required by this Lease even if such loss or damage shall have been caused by the fault or negligence of the other party or anyone for whom such party may be responsible. 5. INDEMNIFICATION. A. Lessee shall indemnify and save harmless the City against all liabilities, damages, claims, fines, penalties, costs and other expenses, including all attorneys' fees, which may be imposed upon, incurred by or asserted against the City by reason of the following, except for any of the following that result from the grossly negligent or intentionally malicious act or omission of the City or its agents: 1. any use or condition of the Premises or any part thereof, 2. any personal injury or property damage occurring on the Premises; 3. any negligence on the part of Lessee, Lessee's agents, contractors, licensees or invitees; 4. any failure by Lessee, any agent or invitee of Lessee to comply with any requirement of any governmental authority; 5. any prosecution or defense of any suit or other proceeding in discharging the Premises or any part thereof from any liens, judgments or encumbrances created upon or against the same by Lessee, any agent or invitee of Lessee or against Lessee's interest in the Premises; 6. any proceedings in obtaining possession of the Premises after the termination of this Lease by forfeiture or otherwise; 7. any litigation commenced by or against Lessee to which the City is made a party without any fault on the part of the City; 8. any response costs, other damages and expenses (including attorneys' fees) which may be imposed upon, incurred by or asserted against the City by reason of the use, release, threatened release or disposal of Hazardous Wastes at the Premises by Lessee, any agent or invitee of Lessee; and 9. any failure on the part of Lessee to perform or comply with any covenant or agreement required to be performed or complied with by Lessee hereunder. B. This indemnity does not cover matters arising out of the gross negligence or willful misconduct of City. It is expressly understood that Lessee's obligations under this Section shall survive the expiration or termination of this Agreement for any reason. C. In case any action or proceeding is brought against City or its officials, agents, employees, guests or invitees by reason of any such claim, Lessee, upon notice, will defend such action or proceeding by responsible counsel selected by Lessee and reasonably acceptable to City. 2253490 3 Page 23 of 32 Page 51 of 184 6. ASSUMPTION OF RISK. The Lessee takes possession of the Premises under this Lease subject to the usual hazards of storing personal property and equipment on a vacant lot, and agrees to assume all risk of accidents to Lessee, and Lessee's guests, invitees, employees, and/or agents in furtherance of the use of the Premises. 7. USE. A. Lessee shall use the Premises solely for residential parking purposes in connection with its residential use of the Lessee Property. B. Lessee shall not store any flammable, explosive, toxic, hazardous (except for sanitation chemicals), or dangerous materials on the Premises. C. Lessee shall at all times keep and maintain the Premises in a neat, clean, and sanitary condition, free from waste or debris, and shall remove, at Lessee's expense, all garbage and refuse of any kind and shall neither permit nor commit any waste or nuisance thereon. D. The Lessee shall not allow any activity that violates local, state, or federal law including the unlawful presence, possession, or sale of controlled substances or firearms. 8. ASSIGNMENT AND SUBLEASE. Lessee will neither assign this Lease in whole or in part nor sublease all or part of the Premises, without the consent of the City in its sole discretion. Which approval will not be unreasonably withheld. 9. SIGNS. Lessee may install signs on the Premises in accordance with all federal, state and local statutes, laws, ordinances, and codes. 10. REPAIRS, MAINTENANCE, AND ALTERATIONS. A. Lessee will, at its sole cost and expense, maintain the Premises and which shall include all repair, sweeping, striping, snow removal and all necessary improvements to the Premises. B. Lessee shall promptly notify the City of any conditions that might cause damage to the Premises. The notice may be oral or in writing. C. Lessee shall have the right to make alterations, additions, or improvements (the "Alterations") to the Premises upon receiving written permission from the City. D. Lessee will not allow any liens to be placed against the Property as a result of its work on the Property. 11. END OF TERM. At the end of this Lease, Lessee will surrender the Premises in good order and condition, ordinary wear and tear excepted. If Lessee is not then in default, Lessee may remove from the Premises. This Lease shall terminate immediately if one of the following occurs: A. Lessee ceases to own Lessee Property. Unless assigned or sold and the use of the Premises remains the same or similar, and the Lessee and or assigns outlined in Sec. 8 of this agreement is in good standing and meeting the terms and conditions of this Lease. 0 2253490 Page 24 of 32 Page 52 of 184 B. Lessee Property is no longer used for residential purposes. 1.2. CITY'S ACCESS. City, its agents, employees, and contractors may enter the Premises with reasonable notice to Lessee, except in the case of an emergency wherein no notice shall be required. Whether an emergency exists shall be determined by the City, exercising reasonable discretion. The general public shall have the right to access the Premises for purposes of utilizing the adjacent public parking south of the Premise. The City shall have emergency access to the premises at all times through a fire lane as depicted on Exhibit C, attached hereto. 13. EVENTS OF DEFAULT. The following occurrences are "Events of Default": A. Lessee fails to pay rent within five (5) days after notice or demand from City; B. Lessee vacates or abandons the Premises; or C. Lessee breaches any of the other agreements, terms, covenants, or conditions which this Lease requires Lessee to perform, if such breach continues for a period of thirty (30) days after notice by City to Lessee or if such breach cannot reasonably be cured within thirty (30) days, then, if Lessee commences to cure within said thirty (30) days and thereafter diligently prosecutes the cure, Lessee shall have a reasonable time period to affect its cure. 14. REMEDIES. If any one or more Event of Default shall have happened and be continuing, the City may: A. Without terminating this Lease, re-enter and take possession of the Premises and exclude Lessee from using the Premises until the Event of Default is cured with not less than five (5) days' written notice to the Lessee; B. Terminate the Term of this Lease and exclude Lessee from possession of the Premises with not less than five (5) days' written notice to the Lessee; or C. Take any action at law or in equity which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant contained herein. 15. MISCELLANEOUS. A. Railroad Easement. A portion of the Second Street parking lot was constructed on property owned by Canadian Pacific Railway. An easement was granted to the City for parking lot and drainage purposes over that area on July 30, 1998. If this easement is ever terminated the City will work with the Lessee to either maintain a parking ratio of 1.42, or an agreed upon total parking count by the City and Lessee. B. Holding Over. Lessee must vacate the Premises no later than 11:59 p.m. on the las day of the Lease. If Lessee remains in possession of the Premises after the end of this Lease, Lessee will occupy the Premises as a Lessee from month -to -month, subject to all conditions, provisions, and obligations of this Lease in effect on the last day of the Term. 2253490 Page 25 of 32 Page 53 of 184 C. Binding Effect. This Lease will inure to the benefit of, the City of Farmington and will be binding upon, City's successors and assigns. This Lease will inure to the benefit of, Ten Nineteen Development LLC and will be binding upon, the Lessee's successors and assigns so long as the succession or assignment is permitted under this Agreement. D. Taxes. Lessee shall pay all personal and real estate taxes on the Premises if this Agreement causes the Property to be taxed. The City shall invoice Lessee for any such amounts and Lessee shall have thirty (30) days to pay the same. E. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. The City and Lessee may only amend the terms of this Lease in writing signed by both parties. F. Governing Law. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. Any litigation or mediation regarding this matter shall be venued in Dakota County, Minnesota. G. Notices. All notices required herein shall be in writing and delivered personally or mailed to the addresses provided below and if mailed, are effective as of the date of mailing: TO City: City of Farmington Attn: City Administrator 430 Third Street Farmington, MN 55024 with copy to: Campbell Knutson, P.A. Attn: Farmington City Attorney Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 TO Lessee: With a copy to: Attn: Attn: G. Recording of Agreement. This Agreement may not be recorded against the Property or any other property held by the City. 0 2253490 Page 26 of 32 Page 54 of 184 F. Counterparts. This Agreement may be executed in one or more counterparts each of which when so executed and delivered shall be an original, but together shall constitute one and the same instrument. (SIGNATURES ARE ON THE FOLLOWING PAGE) IN WITNESS WHEREOF, Buyer has executed this Agreement the day of 2023. Its 0 [print name] 2253490 Page 27 of 32 Page 55 of 184 IN WITNESS WHEREOF, Seller has executed this Agreement the day of , 2023. CITY OF FARMINGTON an Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk 8 2253490 Page 28 of 32 Page 56 of 184 EXHIBIT "A" TO LEASE AGREEMENT Legal Description: That part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 114, Range 19, and the railroad right of way as dedicated on the recorded plat of TOWN OF FARMINGTON, Dakota County, Minnesota, described as follows: Commencing at the Northwest corner of Block 22 of said plat of TOWN OF FARMINGTON; thence North 89 degrees 36 minutes 10 seconds West, assuming the West line of said Block 22 bears North 11 degrees 34 minutes 01 seconds East, a distance of 101.93 feet to a line parallel with and 100 feet Westerly of said West line of Block 22, as measured at a right angle therefrom; thence South 11 degrees 34 minutes 01 seconds West, along said parallel line, a distance of 53.80 feet to the point of beginning; thence South 78 degrees 25 minutes 59 seconds East, a distance of 23.37 feet; thence South 32 degrees 54 minutes 37 seconds East, a distance of 23.65 feet; thence South 09 degrees 42 minutes 34 seconds West, a distance of 169.67 feet; thence North 33 degrees 01 minutes 06 seconds West, a distance of 21.90 feet; thence North 49 degrees 16 minutes 29 seconds West, a distance of 24.22 feet; thence South 54 degrees 33 minutes 20 seconds West, a distance of 21.65 feet; thence North 09 degrees 42 minutes 34 seconds East, a distance of 156.95 feet; thence North 54 degrees 33 minutes 20 seconds East, a distance of 16.04 feet to a line that bears South 1 I degrees 34 minutes 01 seconds West from the point of beginning; thence North 11 degrees 34 minutes 01 seconds East, a distance of 6.29 feet to the point of beginning. (include RR easement) M 2253490 Page 29 of 32 Page 57 of 184 EXAIBIT'6B99 TO Legal. Description of Lessee Property: Lots 1 and 2, Block 1, Town of Farmington, according to the recorded plat, Dakota County, Minnesota. 2253490 10 Page 30 of 32 Page 58 of 184 EXHIBIT "C" TO LEASE AGREEMENT Fire Lane depiction 11 2253490 Page 31 of 32 Page 59 of 184 Certificate of Description ELM STREET AVWVM OURMA P At fP firR cof7adY tJ9i9,04 ��: ftl «: k$9` #';.S,SPCA.t i"*,`Af`NWvIWO*.' tPa3#7crC ai iM1a SrvvMrexB d?.ay. tar e# #A+ htrSha..rsP Wart# dt SecG'.tie J4 Fatti Pt#, Atjp m t 1# of x „ ms ffi#S'«#ta.# srt #e6 tss4'ds"f P4ti a i#IYf M" t"lRfF4sttvL ciatm CwnlY• NRntt#fS luviC:a ax ta#tax« x rrro trra* :. G"n ra ifh fr'+"*"fth t. 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N $*g } �f Cer1 acoloo WeaaXa on par t e fAcm5P4a'$i'#s#&4$dw'wvyy#wrr do'* -a . trmtma5rhrosParw.asatnftixat tOKM OP FARYINGi4Vend the SAY 114 of r*•;.: xaeaaPre„+s•ai$y+hat�rus.:arme" . wmo-a4x "aubsa .r the NE 114 of Src.31,. t.114. RJA Dakota s#erui t maf4t#t- r as8L44afDnd#ixt5rtat ss e A byt +aa#airtk ?#Mao-# Count , Win *EbertConstruction Wt*,cStdbtJi&raaxa.. '�`"� `x%o.. dUtSS?t3 B f fXcv#Ptx S$00A7E* Fxsj7a9jb'EYJ:YY s a cs# 1-27- T,F2. 1"=3 ' '..f1. Awl-- arer a �#aaa# s s -1149f Page 32 of 32 I Page 60 of 184 FARMINGTON r -28r 800 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Development Contract - Vermillion Commons 2nd Addition - Community Development Meeting: Regular Council - Jun 05 2023 The City Council approved the final plat for Vermillion Commons 2nd Addition on May 15, 2023. A condition of approval was that a Development Contract between the developer and City of Farmington must be executed and security fees and costs must be paid. Attached, for Council's consideration and approval is the Development Contract for Vermillion Commons 2nd Addition. The attached contract is a standard Development Contract that spells out the requirements for development of the land including timelines to complete platting process, defining development charges and fees, and addressing construction of the public infrastructure required to serve the development together with the associated sureties. The developer has reviewed the attached contract and finds it acceptable. The fees that will be collected as part of the Development Contract are as follows: • Surface Water Quality Management Fee: $833 • Surface Water Management Fee: $146,913 • Watermain Trunk Area Charge: $34,631 • Sanitary Sewer Trunk Area Charge: $18,565 • Park Dedication: $67,500 • Park Development Fee: $23,174 • Sealcoating: $2,771 Adopt the attached Development Contract and authorize its execution. CC DevelODment Contract DEVELOPMENT CONTRACT AGREEMENT dated this —of June 2023 by, between, and among the City of Farmington, a Minnesota municipal corporation (OTY)and U.lHome, LUC,aDelaware limited liability company (DEVELOPER). 1 Request for Plat Avoroval. The Developer has asked the City toapprove aplat for Vermillion Commons 2 "d Addition (also referred to in this Development Contract [CONTRACT or AGREEMENTI as the PLAT). The land |ssituated |nthe City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. The City hereby approves the Plat unthe conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer satisfy the Cash Requirements inaccordance with the terms nfthis Agreement; and d) all engineering issues shall be addressed and engineering department approval of the construction plans for grading, storm water and utilities. e) a temporary drainage, and utility easement is to be provided to the city to cover any public drainage that will occur on0udotA.The temporary easement btoberecorded with the plat my|ars. 8 Out|otsNand Dshall bedeeded tothe City. The deeds shall berecorded with the Dakota County Recorder with the p|atmy|ars. D) the Developer record the Plat with the County Recorder or Registrar of Titles within 6 months from the date of City Council approval. 3. Right to Proceed. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approvalofapreliminary plat by the City Council, construct sewer lines, water lines, streets, utilities public or private improvernents or any building until all of the following conditions have been satisfied: a) This Agreement has been fully executed by both parties and filed with the City Clerk, 6) The necessary security has been received bythe City, c) The necessary insurance for the Developer and its construction contractors has been received by the City, d) The Plat has been submitted for recording with the Dakota County Recorder's Office, e) A temporary drainage, and utility easement across Outlot A has been submitted for recording with the plat mylars, U A deed shall be provided for Outlots N and 0 and be submitted for recording with the plat mylars, 8) The City Clerk or Engineer has issued a Notice to Proceed stating that all conditions have been satisfied and that the Developer may proceed, which shall be promptly delivered to the Developer upon satisfaction of the conditions. 4. Phased Development. The Plat will badeveloped hnmultiple phases inaccordance with Plans A—E Subject tothe terms 5. Changes in Official Controls, For four (4) years from the date of this Agreement, no amendments to the City/ Comprehensive Plan, except anamendment placing the Plat inthe current urban service area, orremoving any part thereof which has not been final platted, or o8&da| controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law oragreed toinwriting bythe City and the Developer. Thereafter, notwithstanding anything inthis Agreement twthe contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the Oty~s Comprehensive Plan (including removing unp|atced property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 6. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to have available in the sales office a copy of the approved plat, final utility plan and a zoning mep or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall beincluded. 7. The Developer shall provide mnOl/2"x14" scaled map of the plat and land within350'of the Plat containing the following information: a) platted property; b) existing and future roads; c) existing and proposed land uses; and d) any ponds. B. Development Plans. The Developer shall develop the Plat in accordance with the following plans (the "Plans"). The Plans shall not be attached tnthis Agreement. The Plans maybe prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement ofany work in the Mat, unless a grading permit has been approved and issued bythe City Engineer. if the Plans vary from the written terms of this Contract the Plans shall control. The required Plans are: MonA-Fima|Ma Plan 8—Soil Erosion and Sediment Control and Grading Plans P|anC—Lmndscape and Tree Preservation Plans Plan D-Zoning/Development Map Plan [- Final Construction Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. The installation ufthese utilities shall beconstructed within public rights -of -way or public drainage and utility easements consistent with the City's engineering guidelines and standard detail plates. 9. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easementsdesignated on the Plat. A|onO'$rm maintenance agreement will be required for all structural gnrmwater practices that are not owned or operated by the City but that are directly connected to the City's municipal separate storm sewer system (MS4) and within the City'sjurisdiction. 10. The Developer shall install and pay for the following: a) Sanitary Sewer System (trunk and lateral) b) Water System (trunk and lateral) d Storm Sewer System d) Streets ' e) Concrete Curb and Gutter f) Street Lights g) Erosion and Sediment Control, Site Grading and Stormwater Treatment 2 N Underground Utilities i) Setting Iron Monuments i) Surveying and Staking k) Sidewalks and Trails |) Landscaping arid Screening collectively the "Improvements" The Improvements shall be 'installed in accordance with the Plans, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and Plans (and specifications) which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done notinaccordance with the final Mmuy (and specifications), without prior authorization of the City EnOineer, shall be considered a violation of this Agreement and aDefault cf the contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer tmprovide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as o condition of City acceptance. In addition, the City may, a%the [it/sdiscretion and atthe Developer's expense, have aCity 'inspector and msoil engineer inspect the Work mnonas-needed basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the Ci4/x inspectors, bydoing soCity |napeoio/(s)shall not be waived from liability. The Developer's engineer shall provide for on -site project management. The Developer's engineer isresponsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the Improvements. Within sixty (60) days after the completion of the Improvements and before the security is released, the Developer shall supply the City with a complete mot of "Am Built" plans in an AutoLAD file and G|8 shape files, all prepared in accordance to the Ci{y's Engineering Guidelines. if the Developer does not provide such information, the City will produce the as -built drawings, All costs associated with producing the as -built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. §505,021. The Developer's surveyor shall submit written notice tnthe City certifying that the monuments have been installed. 11. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include but are not limited to: A. Dakota County for County Road Access and Work inCounty Rights -of -Way B. K8nDOTfor State Highway Access and Work inState Rights-of-uVay C. Minnesota Department ofHealth for VVatermains D. K8PCANPDESPermit for Construction Activity E. K8PCAfor Sanitary Sewer and Hazardous Material Removal and Disposal F. DNRfor Dowaterin0 G. City ofFarmington for Building Permits H. K8CE3for Sanitary Sewer Connections |. City ufFarmington for Retaining Walls 22. pgWqtering. Due tothe variable nature cfgroundwater levels and stoxmwoberflows, itwill bethe Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the a|evedom of groundwater in the area and the level of effort needed to perform clewatering and storm flow routing operations. All dewaierinQsbmU be in accordance with all applicable county, state and federal rules and regulations. DNR regulations regarding appropriations permits shall also bestrictly followed. 13. gra� , The Plat shall bcgraded anddm1oagoprovdedbytheDevehper|naccor oncewiththeappnovedEmmioo and Sediment Control Plan and Grading Non, Plans B. The plan shall 000fnnn to the City cJFarmington Engineering Guidelines. Within thirty (30) days after completion of the grading and before the City approves individual building permits, ihcDeve|opershaUprovdet6eOtywiihan"asbuN"0adinOpbnoardhedbyareOistered|andsurveyormrengineertha1 all stormwater treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The "au-bvi|t" plan shall include hek) verified elevations of the following: /Q cross sections of sturmwmter treatment/infiltration basins; b) location and elevations along all avxa|es, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed "conservation area: posts; and c) lot corner elevations and house pads, and all other items listed in City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the property subject to the Plat within the stockpile and easement areas in conformance with Plan B before the Plat is filed 'if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security, Additional rough grading may be allowed upon obtaining written authorization from the City Engineer, The City issued o Grading Authorization to the Developer on February 7, 2022 allowing for rough grading of the Plat, if the Developer needs to change grading affecting drainage the changes cannot take place until the City Engineer has approved the proposed grading changes. AK4P[J\Construction Storm Water Permit must beobtained before any grading can commence onthe site. 14. Erosion and Sediment Control. Prior to |nit|oi|n& site grading, the erosion and sediment oonLnn} plan, Man B, shall be implemented by the Developer and inspected and approved bythe City. The City may impose additional erosion and sediment control requirements if it is determined that the methods implemented are insufficient to properly control erosion and sedimentation. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall beioaccordance with the Oty^scurrent seeding specification which may include temporary seed toprovide ground cover asrapidly anpossible. All seeded areas shall befertilized, mulched and disc anchored oanecessary for seed retention. The parties recognize that time isnfthe essence incontrolling erosion and sedimentation. if the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion and sediment control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion and sedimentation immediately, without notice tothe Developer. The City will endeavor tonotify the Developer inadvance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs the City incurred for such work within thirty (30) days, the City may draw down the security topay such costs. Nmdevelopment, utility orstreet construction will beallowed and no building permits will be issued unless the P|mi is in full compliance with the erosion and sediment control requirements. 15. Wettand Buffer and Natural Area Signs. The Developer is responsible for installing City Natural Areas signs around all poncling areas, wetlands, and wetland buffers, in accordance with the City's Engineering requirements. Natural Area signs will be installed as directed bythe City Engineer. Wetland Buffer line limits and Natural Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 16. Park Dedication and Trails. The total ParkDedcatkmre4ukedkxdevmlopmentsintheVermiUionCommnnspre|iminan/ plat |s6.D3acres. Park Dedication for the entire development will be satisfied through a combination of land dedication and cash |nlieu. The Developer will dedicate 1.6 acres as parkland within a future phase of the development.The Developer will pay cash in lieu for the remaining 5.23 acres required for the entire development over several phases with 0.90 acres being paid for as cash in lieu with the second phase. Park Dedication and Park Development Fees are detailed inExh\hitBfoxthbDevelopmenL The Developer will construct and pave an eight foot (8') wide bituminous trail along Denmark Avenue with Vermillion Commons 211Addition, all aeshown inthe Plans. The trail will belocated within atwenty-five (25')wide Trail, Doina8e and Utility Easement infavor nfDakota County. 4 17.lantscapin . A. The Developer shall be solely responsible for the installation of all project landscaping, in accordance with the bndsoapep|an. The landscaping shall be accomplished in accordance with a time schedule approved by the City. B. All graded areas, including finish grade on lots, will require minimum of6"ofblack dirt/1upsoiL 18. Clean Up. The Developer shall, within twenty-four(24) hours, clear from the public streets any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. Any soil, earth or debris resulting from construction work by the Developer or its agents or assigns on other property shall be removed weekly or more often if required bythe City Engineer. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site, Burning of trees and structures shall be prohibited, except for fire training only. The City will have the right to clean the streets asoutlined incurrent City policy. The Developer shall promptly reimburse the City for street cleaning costs. 19. License. The Developer hereby grants the City, its agents, employees, officers and contractors, alicense toenter the Plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements bythe City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted bythe City. 20. Time of Performance. The Developer shall install all required public improvements by November 15, 2O23with the exception of the final wear course of asphalt on streets. The final wear course on streetsshall beinstalled the first summer after the base layer ufasphalt has been inplace one freeze thaw cycle. The Developer may, however, request anextension of time from City staff, which City staff will not unreasonably withhold. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this Contract and the extension of the Contract will coincide with the date of the extension of the security. 21. Ownership of improvements. Upon the completion of the Improvements and written acceptance by the City Engineer, the Improvements lying within public easements shall become City property, except for cable TV, electrical, gas and telephone, without further notice oraction. 22. Building Permits. Building permits shall not be issued prior to completion of site grading, submittal of as -built grading plan, public utility installation, curb and gutter, installation of erosion control devices,installation ofpermanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, site seeding, mulching, and disk anchoring. A. Before a building permit is ionumt s cash escrow of$3,OD0.OD per lot shall be furnished to the City to guarantee compliance with the erosion control, grading, and landscaping requirements and the submittal ofana*buikredi0cate of survey, LondscapingviUbeinstaUedivaccomdoncewi|hthe|ondscapep|an.The|andscapingshaUbeaccomp|bhed in accordance with a time schedule approved by the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall 6ewarranted for twelve (12)months from the time ofplanting. Prior Knthe release ofthe required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, the site has been stabilized including meeting the sod requirements of City Code section 10-6-27(11)and that all required landscaping and property monuments are in place. |fthe final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion ufthe grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. B. The Developer certifies to the City that all lots with house footings place on fill have been monitored and constructed development phases and lot descriptions, shall besubmitted tothe Building Official for review prior tothe issuance nfbuilding permits. C. A limited number of building permits were issued for model townhome buildings in the Vermillion Commons 11t Addition. No additional model townhome buildings will be constructed in the 211 Addition. D. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may he issued. However, the City Engineer is authorized to mmha this requirement when weather related circumstances prevent completion of street projects before the end of the construction season, The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles atall dmeswhen such awaiver isgranted. E. If permits are issued prior tnthe completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion Of public improvements and damage to public improvements caused by the City, Developer, its contractors, Subcontractors, materialmen, employees, agents or third parties. F. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared byastructural or8eotechnba| engineer licensed by the State of Minnesota. Following construction, a certification signed bythe design engineer shall be filed with the building official evidencing that the retaining wall was constructed inaccordance with the approved plans and specifications. All retaining walls identified onthe development plans and by special conditions referred to in this contract shall be constructed before any other building permit ioissued for alot onwhich aretaining wall isrequired tnbebuilt. 23. Insurance. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered bythe Contract including workers' compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor m/anyone directly orindirectly employed byeither ufthem. The minimumamounts ofinsurance shall bemsfollows: Commercial General Liability (or |ncombination with an umbrella policy) $2,O0OOOOEach Occurrence $z80],OOOProd uc2s/Cwnop|etedOperations Aggregate $2,OOO'OOOAnnual Aggregate The following coverages shall beincluded: Premises and Operations Bodily Injury and Property Damage Personal and Advertising injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,00O0NCombined Single Limit — Bodily Injury & Property Damage Including Owned, Hired O'Non-Owned Automobiles Workers Compensation Workers Compensation insurance inaccordance with the statutory requirements ofthe State ofMinnesota, including Employer's Liability with minimum limits are asfollows: $SOO,0OO—Bodily Injury byDisease per employee $6O0,OOU—Bodily Injury byDisease aggregate $S0V,OOO—Bodily Injury byAccident 6 The Developer's and general contractor's insurance must be "Primary and Non -Contributory." All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized Linder the laws of one of the states of the United States and qualified to do business in the State nfMinnesota, (i|)xhaU name the City, its employees and agents asadditional insureds (CGLand umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of Developer's and general contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' advanced written notice tothe City, or tell (10) days' notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer's or general contractor's policy limits on a follow -form basis to satisfy the full policy limits required by this Contract. 24. ResponsibifftVfor Costs. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the Plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the Plat. All costs required to be paid or reimbursed by the Developer to the City pursuant to this Section 23., or otherwise in this Agreement, shall first be paid from the Cash Escrow. The balance of the Cash £aoww will be accounted for by the City, Upon written confirmation, the Developer shall within fifteen (15) days submit additional amounts to the Cash Escrow to reimburse any additional charges. Likewise, upon completion of the Work, the City shall refund any remaining balance to the Developer in accordance with this Agreement. Upon request, and within ten (10) business days of the request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 25. Development Contract Administration. The Developer shall pay afee for in-house administration vfthe development contract including monitoring of construction observation, consultation with the Developer and its engineer on the status of or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requires for reduction in security. The fee for this service shall be three percent (3%) ofconstruction costs and paid a1the time ofthe execution cfthis Agreement. 25. Construction Observation. The Developer shall pay for construction observation performed by the City's in-house staff or consultant. Construction observation shall include part of full-time inspection of the Improvements, including erosion and sediment control inspections and will be billed on hourly rates. The Developer shall provide Cash Escrow for these services estimated to be five percent (5%) of the estimated construction cost. 27. Development Fees, The Developer shall pay area charges as defined on the City's most current fee schedule that include: a) Surface Water Management Fee W VVetermalnTrunk Area Charge c) Water Treatment Plant Fee d) Sanitary Sewer Trunk Area Charge e) Park Dedication f) Park Development 8) 3ea|coadng Asummary ofthe cash requirements under this contract which must be furnished to the City prior to the City Council signing the final plat is shown nnExhibit "B^. Area charges for subsequent phases shall becalculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. Park Dedication and Park development are calculated in full at the time of the preliminary plat for the overall development. 28. �j�. Toguarantee compliance with the terms ofthis Agreement, payment nfreal estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the Plat and construction ofall public improvements inthe Plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, oralternative security acceptable 10the City Administrator, from abank (the "Seuudty")for $1,536,R43. The amount o[ the security is bayed wnthe calculations shown in Exhibit"8°. This breakdown |sfor historical reference; it is not restriction unthe use ofthe Security. The bank and form ofthe security shall besubject tothe approval o[the City Administrator. Letters of Credit shall behn the format and wording exactly osshown mnthe attached Letter ufCredit form (Exhibit "C"). The Security shall be automatically renewing. The term of the Security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the Security. If the required public improvements are not completed, o/ terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration wfaletter ofcredit, the City may draw down the letter ofcredit. The City may draw down the Security, without prior notice, for any violation of this Agreem ent or Defa u It of the Contract fol lowi ng a pp] icable cure periods, Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the Plans (and specifications), and terms of this Agreement, and that all financial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the Security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's Engineer shall be retained as Security until all improvements have been completed, the required "as built" plans have been received by the City, a warranty security isprovided, and the public improvements are accepted bythe City Council. 29. VyarrInty. The Developer and the Developer's Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streetsis one (1) year, The warranty period for underground utilities is two (2) years. The warranty period on underground utilities shall commence following its completion and acceptance by the City Engineer in writing, The one (I)year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Engineer.It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities and streets. Failure of the Developer to complete the required testing or request acceptance of the utilities and streets in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. The Developer shall post maintenance bonds in the amount of twenty five percent (25%) of the final certified construction cost or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retoinogemay beused topay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities, 30. in the event of default by the Developer as to any of the Improvements to be performed by it hereunder, the City may, at its option, pedbnn the work and the Developer »heU promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this Agreement, is first given written notice of the work in default, not less than seventy-two (72) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission tnenter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost inwhole orinpart. 31. Miscellaneous. A. This Agreement shall bebinding upon the parties, their heirs, successors orassigns, asthe case may be, The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Plat, or any part ofit. B. Third parties shall have nqrecourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phrase ofthis Agreement 'is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. Each right, power orremedy herein conferred upon the City is cumulative and imaddition tnevery other right, power or remedy, express or implied, now orhereafter arising, available toCity at law orin equity, orunder any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right toexercise mtany time thereafter any other right, power orremedy. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments orwaivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The Cityn failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. Compliance with Laws and Regulations. The Developer represents to the City that the Plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the Plat does not comply, the City may, atits option, refuse inmUmwmoyconstruodonordeve|opmantworkintheP|atund|theDeve|operdoeouomp|y. Upon the Otytdemand, the Developer shall cease work until there iocompliance. H. This Agreement shall run with the land and shall berecorded against the title tothe property before any building permits are issued. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that thee are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the Improvements required ofitunder this Agreement, at the Developer's request the City will execute and deliver a termination of this Agreement (in recordable form) and a release ofthe Developer. Upon breach of the terms of this Agreement the City may, following the passing of all applicable notice and cure periods, draw down the Developer's Security as provided in Paragraph 28 (Security) of this Agreement. The City may draw down this Security in the amount of $500.00 per day that the Developer is in violation (following the passing of all applicable notice and cure periods). The City, inits sole discretion, shall determine whether the Developer isin violation of the Agreement. Subject to the provisions of Paragraph 30 (Developer's Default) hereof, this determination may bemade without notice tothe Developer. |1isstipulated that the violation ofany term will result indamages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated isareasonable amount tncompensate the City for its damages. 1 The Developer will be required to conduct all major activities to construct the Improvements during the following hours ofoperation: Monday 'Friday 7:00&NLunU17:00PM. Saturday &I0A.K4.umti|Si)OP.M Sunday and Holidays Not Allowed This does not apply to activities that are required onaZ4-hmrbasis such asdewatering,etc. Any deviations from the above hours are subject toapproval nfthe City Engineer. Violations ofthe working hours will result ina$5OUfine per occurrence inaccordance with Paragraph |ofthis section. K, The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development axper City Code 6-7-l. Failure bzcontrol weeds will heconsidered aDeveloper's Default as outlined in Paragraph 31 (Developer's Default) of this Agreement and tile Developer will reimburse the City as defined in said Paragraph 24 (Responsibility for Costs). L. The City agrees atany time, and from time totime, within ten (10)days after receipt ofwritten request bythe Developer, a lender or a party purchasing the property, to execute, acknowledge and deliver a certification in writing and in such form aswill enable iitubcrecorded |nthe proper office hntherecordahonmfdeednandotherinstmmontscerUhdng:(a)thmt this Agreement is unmodified and in full force and effect, or if there have been modifications, the identify of such modifications and that the same are in full force and effect as modified; (b) that no party is in default under any provisions of this Agreement or, if there has been a default, the nature of such default; (c) that all Improvements iobeperformed under this Agreement have been performed, specifying the Improvements to be performed; and (d) as to any other matter that the requesting party shall reasonably request. It is intended that any such statement may be relied upon by any person, prospective mortgagee of, or assignee of any mortgage, upon such interest. Any such statement onbeho|fnf the City may be executed by the City Administrator without City Council approval. K4. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the [ky, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer's negligence or its performance or failure to perform its obligations under this Contract. Developer's indemnification obligation shall apply to developer's general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may heliable. Developer agrees this indemnity obligation shall survive the cornpletion or termination of this Contract. 32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Devdoper, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: U.S. Home, i1C Attention: Joe Jablonski 163O536yAve. No,Suite 60O Plymouth, MN 55446 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Lynn Gorski, City Administrator City oYFarmington 43OThird Street Farmington, K8N5SD24 10 Page 71 of 184 Page 11 of 19 SIGNATURE PAGE FOR THE CITY CITY: CITY OF FARMINGTON La Joshua Hoyt, Mayor Lynn Gorski, City Administrator STATE OFK8|NNESDTA ) )es. COUNTY 0FDAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 20iby Joshua Hoyt, Mayor, and byLynn Gorski, City Administrator, ofthe City mf Farmington, aMinnesota municipal corporation, onbehalf cfthe corporation and pursuant tothe authority granted bythe City Council. Notary Public SIGNATURE PAGE FOR THE DEVELOPER DEVELOPER: U.S. Home, LLC By: Jon Aune Its: Vice President STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this - day of 20_ by Jon Aune, the Vice President of U.S. Home, LLC, a Delaware limited liability company, on behalf of the company. Notary Public Drafted by: City of Farmington 430 Third Street Farmington, Minnesota 55024 (651) 280-6800 12 Page 13 of 19 Page 73 of 184 LEGAL DESCRIPTION Outlot A, VERMILLION COMMONS, according to the recorded plat thereof, Dakota County, Minnesota. 13 Page 14 of 19 Page 74 of 184 EXHIBIT "C" IRREVOCABLE LETTER OF CREDIT TO: City ofFarmington 430 Third Street Farmington, k4NS5O24 Dear Sir or Madam: No. We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $ ------------------ . available to you by your draft drawn on sight on the undersigned bank. The draft must: a)Bear the clause, "Drawn under Letter cfCredit No. 'dated 20__,of___(Name^of ��—�� b)8edQnedbytheK8ayo/arChyAdmirhstratoroftheOiyofFmnningtom. c)8epresented for payment at _. This Letter ofCredit shall automatically renew for successive une-yertennsfromthedate indicated above unless, at least forty-five (46) days prior to the next annual renewal date the Bank delivers written notice to the Farmington [by Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice iseffective ifsent bycertified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 430 Third Street, Farmington, MN 66024, and is actually received by the City Administrator atleast thirty (3D)days prior tothe renewal date. This Letter ofCredit sets forth infull our understanding which shall not inany way bemodified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit isnot assignable. This bnot a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter ufCredit shall begoverned bythe most recent revision ufthe Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft dmvm nnder and in compliance with this Letter of Credit shall be duly honored upon [NAME OF BANK] [name] its: [identify official) 14 Page 75 of 184 MORTGAGE HOLDER CONSENT a which holds nmortgage onthe subject property, the development of which is governed by the foregoing Development Contract, which mortgage is dated and recorded with the Dakota County Recorder/Registrar asdocument number _______� agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of,20—. Its STATE OF ) )us� COUNTY OF ) The foregoing instrument was acknowledged before methis the Notary Public DRAFTED BY: City mfFarmington 43OThird Street Farmington, MN5SO24 (651)280'6800 [print name] day ofZ0___,by of ,mnbehalf oythe entity. Exhibit B Total Platted Area56,17 AC Land Use lype Wetland / Floodplain (Outiot 0),- 17.55 AC WETILAND County/Collector ROW: 0.00 AC ROW -------- ---- Multi Family Area: 6.21 AC R-HD Outlet A: 31,66 AC FUTURE Outlot N: 0,73 AC POND Tot ------ Used for Overall Park Ded Calcs rj�� R-HD --------- - - 611 AC Comm/t/I 0,00 AC ROW6.t7ti —1-1-1111,11,11- AC Pond OY3 AC .... . . ..... Wetland 17,55 AC Park 0.00 AC ........ -------- . ..... ..... Future 31,68 AC Current Phase ------ Used for all Development Fee Calcs Number of Units (Preliminary Plat) 276 Area of now bituminous 58 1,700 Sq.Yds. All Public Streets Exhibit B Page I of 3 Page 17 of 19 Page 77 of 184 Development # Surface Water Quality Management Fee Residential. sinale/multi 120 per acre: Watermain Trunk Area Charge All Land Use Types $4,990 per acre Park Dedication Dwelling unitslacre (Preliminary Plat) Percentage of land to be dedicated as Park Required Park Land wl Final flat Mediated Park Lane 71 1 % 0.90 A 0} 00 A n can At' t Exhibit B Exhibit B Page 2 of 3 Page 18 of 19 Page 78 of 184 Grading /Erosion Control' Sanitary Seer Water Main Storm Sewer Street Construction Monuments Street Lights & Signag Welland Mitigation Construction Cost GRADING PERMIT $265,476 $3'11, 09 $'148,762 $487,527 $°1 '1,600 $5,000 € /A Security Amount $0 331,84 $388,886 $185,953 qyx 09,409 $'14,500 $6,250 N/A TotalAmount $1,536,843 Page 19 of 19 Exhibit B Page 3 of 3 Page 79 of 184 J St, Farmington, MN 550-2-4 430 Tt,Oc r B-1 FARMINGTON ,1 -280-6800 FarmingtonWgov ISOM REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Time Extension for Submission of Final Plat - Meadowview Preserve - Community Development Meeting: Regular Council - Jun 05 2023 Section 11 -2-2 of the City Code requires that developers submit a final plat within one (1) year of the approval of the preliminary plat unless an extension is approved by the City Council. Surnmergate Companies, LLC is requesting a time extension from the one year requirement. Mr. Bryan Tucker, Surnmergate Companies, LLC, is requesting an extension to the submittal of the final plat for the Meadowview Preserve subdivision to June 27, 2024. The preliminary plat was approved by the City Council on June 27, 2022. A formal request is attached for Council review. As stated in the request, Surnmergate Companies, LLC has been actively marketing the site and working with potential builders and they are confident that the development will be moving forward within the one-year timeframe. Not applicable Approve the time extension request for the submission of the final plat for Meadowview Preserve until June 27, 2024. Tony Wippler From: Bryan Tucker <BryanT@summer-gate.com> Sent: Tuesday, May 23, 2023 9:35 AM To: Tony Wippler Subject: [EXTERNAL]Meadowview Preserve Plat Extension Tony, Summergate is requesting extension of the preliminary plat for Meadowview Preserve for an additional year. We have been actively marketing the site and working with potential builders and are confident that we'll be moving ahead within the one-year time frame. Let me know if you have any questions or need additional information. Thanks, Bryan Bryan Tucker Senior Project Manager 17305 Cedar Avenue, Suite 200 Lakeville, MN 55044 c: 612-4 0-0962 o: 952-898-3461 e: PryanT@summer-gate.com w: wwwasumm r-@gate®corn ***The information contained in this e-mail and any accompanying attachment is confidential. If you are not the intended recipient or an authorized agent of the intended recipient, and/or you have received this e-mail through inadvertent error, then any disclosure, dissemination, distribution, copying, further review or other use of the contents of this e-mail and/or any attachment is prohibited. If you are not the intended recipient or an authorized agent thereof, and/or you have received this e-mail in error, please notify me immediately via e-mail or by telephone at the phone number set forth above and destroy this e-mail. Thank you. *** Page 2 of 2 Page 81 of 184 FARMINGTON To: From: Department: Subject: Meeting: 1',"" 430 Tt"Od St, Farmington, MN 550-2-4 Bril - 280, -6800 0 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO Mayor, Councilmembers and City Administrator Chris Regis, Finance Director Finance Approve Bills Summary Regular Council - Jun 05 2023 Attached is the May 10, 2023 — May 30, 2023 City Council check register and recently processed automatic payments summary for your review. Not applicable Not applicable Approve the attached summary. City Claims Report CITY OF FARMINGTON CITY CHECKS AND AUTOMATIC PAYMENTS REPORT June 5, 2023 CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING PROCESSED CHECKS PROCESSED AUTOMATIC PAYMENTS GRAND TOTAL 1,109,401.33 $ 177,867.46 $ 1,287,268.79 Page 2 of 2 Page 83 of 184 FARMINGTON To: From: Department: Subject: Meeting: 1',"" 430 Tt"Od St, Farmington, MN 550-2-4 Bril - 280, -6800 0 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO Mayor, Councilmembers and City Administrator Chris Regis, Finance Director Finance Approve Bills (Confidential) Regular Council - Jun 05 2023 Attached is the confidential check register for City Council review. Not applicable Not applicable Approve the attached payments. FARMINGTON To: From: Department: Subject: Meeting: 1',"" 430 Tt"Od St, Farmington, MN 550-2-4 Bril - 280, 0 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO Mayor, Councilmembers and City Administrator Justin Elvestad, Fire Chief Fire Resolution Declaring Surplus Property -Fire Regular Council - Jun 05 2023 The Fire Department is requesting the authorization to dispose of a 1997 Ford F350. The 1997 pickup truck is no longer needed by the Fire Department and has been replaced. BUDGET IMPACT: The proceeds from the sale will be used to fund the Fire Department leasing plan. Adopt the resolution declaring property surplus. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R39-23 A RESOLUTION DECLARING ITEMS AS SURPLUS AND AUTHORIZING DISPOSAL WHEREAS, the Fire Department is requesting authorization to dispose of the following vehicle that is no longer in use due to the condition of the vehicle and is requesting to dispose of the vehicle by sale at auction with funds being deposited into the Vehicle Equipment Fund: 1997 Ford F350 VIN: 1FTHF36G7VEC11732 NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the above listed item is declared surplus and authorize its disposal with any proceeds to be placed into the Vehicle Equipment Fund. Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of June 2023. Joshua Hoyt, Mayor ATTEST: Shirley R Buecksler, City Clerk Page 2 of 2 Page 86 of 184 FARMINGTON 430 Tt,Od St, Farmington, MN 550-2-4 -280-6800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: 2022 Pay Equity Compliance Report Meeting: Regular Council - Jun 05 2023 The Office of Minnesota Management and Budget (MMB) requires public jurisdictions, such as cities, to eliminate any gender -based inequalities in compensation and submit reports to the MM13 every three years. This State law further requires cities create a system that will evaluate all jobs and assign points to each job based on the level of knowledge and responsibility required to do the job and that salary adjustments will be made if it is discovered that women are consistently paid less than men for jobs with similar points. The Pay Equity report has been completed for 2022, and the City is in compliance. N/A Approve the Pay Equity report and authorize Staff to submit the Pay Equity Implementation report to the Minnesota Management and Budget Pay Equity office. ATTACHMENTS: Compliance Report Implementation Form Jurisdiction: Farmington 430 Third Street Farmington, MN 55024 Contact: Julie Flaten Phone: (651) 280-6800 Report Year: 2023 Case: 1- 2022 Data (Shared (Jur and MMB)) E-Mail: jflaten@farmingtommn. gov The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION # Job Classes # Employees Avg. Max Monthly Pay per employee II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 80.60345 Male Classes Female Classes 29 17 76 20 7609.82 7635.80 Balanced Classes All Job Classes 2 48 17 113 6935.19 Male Classes Female Classes a. # At or above Predicted Pay 18 9 b. # Below Predicted Pay 11 8 c.TOTAL 29 17 d. % Below Predicted Pay (b divided by c = d) 37.93 47.06 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom DF = 94 Value of T a. Avg. diff. in pay from predicted pay for male jobs = -26 b. Avg. diff. in pay from predicted pay for female jobs = -183 III. SALARY RANGE TEST = 96.33 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 10.14 B. Avg. # of years to max salary for female jobs = 10.53 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP = 10.34 B. % of female classes receiving ESP = 5.88 *(If 20% or less, test result will be 0.00) Page 2 of 4 Page 1 of 1 5/18/2023 4:06:47 PM Minnesota Pay Equity Management System - Farmington(23-Out of Compliance) Home Utilities Go To Log Out Pay Equity Implementation Form Information entered on this page is not submitted until you click "sign and submit." This page may be printed and shared with your governing body for approval. After you receive approval, you will need to come back to this page, complete the necessary information, then click "sign and submit." Part A: Jurisdiction Identification Jurisdiction: Farmington 430 Third Street Farmington Contact: Name Title Julie Flaten Assistant City Admin Part B: Official Verification 1. The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used for all classes of employees. The system used was: Consultant's System (specify) v' Describe below if the job evaluation system used is: "The same as last year", "A new system", "A substantially modified system from last year", or another descriptor not listed here: (*less than 240 characters) Decision Band Method 2. Health Insurance benefits for male and female classes of comparable value have been evaluated and There is no difference v and female classes are not at a disadvantage. Part C: Total Payroll 7,827,052is the annual payroll for the calendar year just ended December 31. Jurisdiction Type: CITY - City Phone Email 651-280-6800 jflaten@farmingtommn.gov 3. An official notice has been posted at: City Hall Employee Breakroom (prominent location) (*less than 60 characters) informing employees that the Pay equity Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: City Council (governing body) (*less than 60 characters) Joshua Hoyt (chief elected official)(*less than 60 characters) Mayor (title) (*less than 60 characters) E) Checking this box indicates the following: • signature of chief elected official • approval by governing body • all information is complete and accurate, and • all employees over which the jurisdiction has final budgetary authority are included Page 3 of 4 Page 89 of 184 We have worked to ensure this product is accessible and compliant with the standard WCAG 2.0 level AA. We have tested accessibility using the JAWS software from Freedom Scientific. We found it to work correctly for us. If you find errors in accessibility, please let us know at pay.equity_@state.mn.us so that we can follow up. Thank you. Page 4 of 4 Page 90 of 184 kW'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA1�IX9'��#M1"�Y. .;�, { •,+•%11+AN,tiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA1�IX9UYY J St, Farmington, MN 550-2-4 FARMINGTONr-1 80 FarmingtonWgov Slash em- + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� m..•r ..nJ3rkle��Pa REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Memorandums of Understanding for AFSCME Maintenance Unit, Local #3815, AFSCME Clerical, Technical, Professional Local #3815, LELS Patrol Local #187, LELS Sergeants Local #387 and the Addition of Juneteenth as a Paid Holiday for Non -Union Employees Meeting: Regular Council - Jun 05 2023 Staff is requesting the approval of four Memorandums of Understanding with the City's bargaining units for the contract period through December 31, 2024. Staff is also requesting to add Juneteenth to Section 5.11 Holiday Leave of the City's personnel manual as a paid holiday. Governor Walz signed a bill into law which establishes Juneteenth as a state -recognized holiday. This means public business cannot be conducted on June 19th in observance of the holiday. The law is effective on June 19, 2023. Staff has worked with each bargaining group on the creation of Memorandum of Understandings to the current collective bargaining agreements. Staff will also add Juneteenth as a paid holiday to the personnel manual. Approve the Memorandums of Understanding for AFSCME Maintenance Unit, Local #3815, AFSCME Clerical, Technical, Professional Local #3815, LELS Patrol Local #187, LELS Sergeants Local #387 and the addition of Juneteenth as a paid holiday for non -union employees. MC?U AFSCME Maintenance Juneteenth Memorandum of Understanding (MOU) This memorandum of understanding is made and entered into between the City of Farmington, Minnesota, ("Employer"), and Law Enforcement Labor Services (LELS) Local #187. Whereas, the City and Union are parties to a collective bargaining agreement ("CBA"), in effect from January 1, 2022 through December31, 2024, and Whereas, Article XVIII — Holidays, 18.1 states, in part, Employees shall receive eighty-eight (88) hours pay In lieu of holidays, and Whereas, Article XVIII — Holidays 18.2 states, in part, In addition to the above eighty-eight (88) hours, employees shall be paid time and one half (1 %2) for all hours worked on any of the below designated holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day The Friday following Thanksgiving Christmas Eve Day Christmas Day Now therefore, the parties agree hereto agree to the following: 1) that effective June 19, 2023 Article 18.1 will be changed from eighty-eight (88) hours of pay in lieu of holidays to ninety-six (96) hours pay in lieu of holidays. 2) that effective June 19, 2023 Article 18.2 will be changed to add Juneteenth as a designated holiday. The terms of the Memorandum shall remain in effect through December 31, 2024, unless the parties mutually agree otherwise. In Witness Whereof, the parties hereto have executed this Memorandum of Understanding on this day of CITY OF FARMINGTON Joshua Hoyt, Mayor Shirley Buecksler, City Clerk Lynn Gorski, City Administrator 2023, LELS LOCAL 187 Andrew Van Dorn, Officer ,w t G2J1�-� Cassie Redmond -Palo, Officer YAL 0,4 rew,04 K in M Grath, L S Page 2 of 5 Page 92 of 184 Memorandum of Understanding (MOU) This memorandum ofunderstanding ismade and entered into betweenthe City ofFarmington, Minnesota, ("Employer"), and Law Enforcement Labor Services (LELS) Local #387. the City ' and Union are parties togcollective bargaining agreement |neffect from Article X0U—Holidays, 18.1 states, inpart, Employees shall receive hours pay in lieu of holidays, and Whereas, Article XVI}|—Holidays 18.2 states, {npart, In addition to the aboveeighty-eight (88)hours, employees shall be paid time and one half (1 Y2) for all hours worked on any of the below designated New Year's Day Martin Luther King Day President's Day Memorial Day Independence � ndepen enceDay Labor Day Veterans' Day Thanksgiving Day The Friday following Thanksgiving Christmas Eve Day Christmas Day Now therefore, the parties agree hereto agree to the l) that effective June 19,2023Article IO.1 will bechanged from eighty-eight (O8)hnVYsVf pay |nlieu ofholidays toninety-six /86\hours pay inlieu wfholidays. 2\ that effective June 19, 2023 Article 18.2 will be changed to add Juneteenth as a designated holiday. December unless The terms ofthe �NemorandumshaUremain ineffect through 0ecennoer31 2O24 the parties mutually agree otherwise. In Witness Whereof, the parties hereto have executed this Memorandum of Understanding on this —day of 2023. CITY OF FARMINGTON Joshua Hoyt, Mayor Shirley Buecks|er,City Clerk Lynn Gorski, City Administrator UEr8LOCAL 387 MurpM', Sergeant Memorandum nfUnderstanding This Memorandum of Understanding is made and entered into between the City of Farmington, Minnesota, ("Employer"), and American Federations of State, County, and Municipal Employees, Council S,Local Union 3D15,AFL-C|O,Clerical, Technical &Professional, Whereas, the City and Union are parties toacollective bargaining agreement ("C8A")ineffect from, Whereas, Article 18 — Holidays provides for designated holidays, and Now therefore, the parties agree hereto agree tothe following: 1) that Juneteenth, which is observed on June 191h of each year will be added as a designated holiday to Article 18, Section 1, The terms of the Memorandum shall remain in effect through December 31, 2024, unless the parties mutually agree otherwise. In Witness Whereof, the parties hereto have executed this Memorandum of Understanding on this 1xd dayofJUne 2023. Mayor, Joshua Hoyt City Clerk, Shirley Buecks|ex City Administrator, Lynn Gorski AFSCMEK8TLocal 3Q1S President, Nick Berra ACME, Julie Dornack Memorandum mfUnderstanding This Memorandum of Understanding is made and entered into between the City of Farmington, Minnesota, ("'Employer"), and American Federations of State, County, and Municipal Employees, Council S, Local Union 3815iAFL,C|0, Maintenance Unit. the City and union are parties toacollective bargaining agreement /"CBA"l|neffect from Whereas, Article 18 — Holidays provides for designated holidays, and Now therefore, the parties agree hereto agree tothe following: 1] that junete ntbwhich is observed o0June 19thofeach year will be added as designated holiday to Article 18, Section 1. The terms o[the Memorandum shall remain ineffect through December 31,3024unless the parties mutually agree otherwise, In Witness Whereof, the parties hereto have executed this Memorandum of Understanding on this Ist day of June 2023. Mayor, Joshua Hoyt City Clerk, Shirley BUerks|o[ City Administrator, Lynn Gorski President, Nick Be Treasurer, Sue Miller FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Staff Changes and Recommendations Meeting: Regular Council - Jun 05 2023 Approve the appointment of one fulltime employee and four seasonal employees. The City is requesting appointment of Danielle Olson as the City's new GIS Specialist. Danielle graduated from Gustavus Adolphus College with a degree in Geography with GIS and Environmental Studies. She has done GIS internships with the cities of Burnsville and Brooklyn Park. Most recently, she has been working as a GIS Consultant for Mergent, Inc. We are excited to add Danielle to our team. She will begin on June 12th. We are also requesting the appointment of and Anna Goodrich, Ava Goodrich and John Jorgenson as seasonal Recreation Program Assistants and Madi Dinneen as a seasonal Recreational Program Supervisor. Their appointments are conditional on the successful completion of pre -employment drug screen and background check. Wages are included in the 2023 budget. Approve the appointment of Danielle Olson as a fulltime GIS Specialist and Anna Goodrich, Ava Goodrich and John Jorgenson as seasonal Recreation Program Assistants and Madi Dinneen as a seasonal Recreation Program Supervisor. kW'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA1�IX9'��#M1"�Y. .;�, { •,+•%11+AN,tiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA'.KKiA1�IX9UYY J St, Farmington, MN 550-2-4 FARMINGTONr-1 80 5j r{,{�r�3� ,, armin n gov £.{tld ll 1 f���j�.t�'��}Prv'"5 �dAli'�':R�+'A'#Y:'@fh4C"ft�W�4i.�,Y3�+F'�:'�X�� m..•r REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Memorandum of Agreement with the Dakota County Community Development Agency for Completion of Environmental Review for Community Project Funding Meeting: Regular Council - Jun 05 2023 The City of Farmington was awarded a FY2023 Community Project Funding grant for the Rambling River Center in the amount of $750,000. The FY2023 Community Project Funding grants are administered by the Congressional Grants Division of the U.S. Department of Housing and Urban Development (HUD). All projects funded by HUD are subject to requirements under the National Environmental Policy Act (NEPA) and HUD's NEPA-implementing regulations. Thus, all grant recipients are required to complete an environmental review prior to committing or spending any project funds on hard costs. The environmental review must be completed by a "Responsible Entity" as defined by the federal government. Staff have participated in webinars on Community Project Funding and had conversations with the local Environmental Review Officer (ERO) and the Management & Program Analyst from HUD's Office of Economic Development. During conversation with the local ERO, he suggested asking the Dakota County Community Development Agency (CDA) to assist with the environmental review as they are a HUD grantee. Staff reached out and met with the CDA to discuss the project and them conducting the environmental review for us. The CDA agreed to act as the Responsible Entity with respect to the project and complete the environmental review. As the CDA will incur costs to complete the required environmental review, the City will pay the CDA for reasonable costs related to the completion of the environmental review. The CDA is estimating the expenses for the environmental review will be $3,000. Attached is the Memorandum of Agreement (MOA) with the CDA to complete the environmental review. The City Attorney reviewed the attached MOA and found it to be acceptable. The estimated cost for the CDA to complete the environmental review is $3,000. The cost of these services the CDA will be providing to the City will be funded through Community Project Funding. Approve the attached Memorandum of Agreement with the Dakota County Community Development Agency to complete an Environmental Review for the Community Project Funding for the Rambling River Center. Page 2 of 8 Page 98 of 184 BETWEEN DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY AND CITY OF FARMINGTON FOR COMPLETION OF ENVIRONMENTAL REVIEW RECORD FOR COMMUNITY PROJECT FUNDING/CONGRESSIONALLY DIRECTED SPENDING THIS AGREEMENT is entered into this day of , 2023, between the City of Farmington, a public body corporate and politic and a political subdivision of the State of Minnesota (the "City") and the Dakota County Community Development Agency, a public body corporate and politic and a political subdivision of the State of Minnesota (the "CDA"). WHEREAS, the City is a recipient of a grant for the Economic Development Initiative for the purpose of Community Project Funding/Congressionally Directed Spending for the Rambling River Center Improvements project ("the Project"); and WHEREAS, such projects and activities receiving federal financial assistance are subject to the provisions of the National Environmental Policy Act of 1969 ("NEPA") and implementing regulations of the Council on Environmental Quality, including but not limited to the regulations at 40 CFR Parts 1500-1508, and implementing regulations of the U.S. Department of Housing and Urban Development ("HUD"), including but not limited to HUD's regulations at 24 CFR Part 58; and WHEREAS, the CDA certifies that is it authorized to: (1) assume the responsibility of HUD as the Federal decision -making entity under NEPA and each provision of law designated in the NEPA-related laws in 24 CFR § 58.5, and to accept jurisdiction of the Federal courts for enforcement of the environmental review responsibilities applicable to the Project; and (2) assume HUD's responsibility for environmental review, decision making and action, including executing the certification portion of HUD's Request for Release of Funds and Certification for the Project as set forth in 24 CFR Part 58; and WHEREAS, for the purposes of expediting project development, the City has requested the CDA act as the Responsible Entity with respect to the Project; and WHEREAS, upon the conditions and provisions set forth in this Agreement, the CDA is willing to act as the Responsible Entity with respect to said project; and WHEREAS, the CDA will incur costs to complete the required environmental review and will require the City to reimburse for reasonable costs related to the completion of the environmental review. NOW THEREFORE, in consideration of the mutual promises and terms and conditions set forth below, the City and CDA do hereby agree as follows: ARTICLE 1. DUTIES AND RESPONSIBILITIES Page 3 of 8 Page 99 of 184 Section 1.1. CDA's Duties/Services and Responsibilities. The CDA will perform and/or manage the environmental review and prepare all necessary documentation in support of the environmental review record for the Project and any necessary accompanying documents, in full compliance with: a. HUD's "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities" (24 CFR Part 58); b. Section 102 of NEPA; c. Related provisions of the Council on Environmental Quality regulations contained in 40 CFR Parts 1500 through 1508; and d. All other applicable Federal and State Regulations. Where appropriate and necessary in the environmental review process, the CDA will issue a finding of no significant impact or finding of significant impact, determine whether to hold public hearings, prepare records of decision, issue notices of intent to request release of funds and/or notices of findings of no significant impact, and prepare and send to the City requests for release of funds for submission to HUD, along with a description of any conditions that must be adhered to in carrying out the project. Section 1.2. City's Duties and Responsibilities. a. The City shall, at its expense, provide the CDA with all available project and environmental information which the CDA may reasonably request in connection with the CDA's activities pursuant to this Agreement, including, without limitation, all existing relevant information and any reports of investigation or study which, in the CDA's opinion, should be undertaken or may be reasonably required to conduct an appropriate environmental review consistent with laws and regulations. b. The City will provide the CDA with documentation that adequately describes the full scope of the subject project, and a project budget that includes federal and non-federal funding sources. c. The City will provide a deposit as provided in Section 2 to reimburse the CDA for the costs described in Section 2.3. d. The City shall have the responsibility to monitor the environmental mitigation required under the project's environmental grant conditions specified in the Part 58 environmental review and shall advise the CDA of any proposed change in the project scope or any change in the environmental conditions. e. The City will communicate to all stakeholders of the project that an environmental review must be completed, and HUD must approve a Request for Release of Funds for the project before any partner or stakeholder in the project makes any additional choice limiting actions after the Letter of Invitation was issued by HUD. ARTICLE 2. DEPOSIT FOR CDA REVIEW Section 2.1. Initial Deposit. The CDA has determined that the amount of the initial deposit to cover the anticipated costs related to completion of the environmental review shall be $3,000.00. The City acknowledges and agrees that the CDA shall commence to begin the environmental 10 Page 4 of 8 Page 100 of 184 review at such time as this Agreement is executed by the City and the cash required for the initial. deposit is paid to the CDA. Section 2.2. Additional Deposits. From time to time, if in the discretion of the CDA there is deemed to be an inadequate balance in the deposit account to pay all of the costs anticipated to be incurred by the CDA, the CDA will notify the City of the need for additional deposits. Additional deposits shall be made in $500.00 increments. The Applicant agrees to make such additional deposit(s) within ten (10) days of receipt of such notice. For purposes hereof, notice shall be deemed received upon deposit of the notice in the U.S. Mail, postage paid, addressed as follows: Kelle Omlid Parks and Recreation Director City of Farmington 430 Third Street Farmington, MN 55024 Section 2.3. Use of Deposited Funds. The CDA may draw upon the deposit to pay the costs it incurs in connection with the environmental review for the Project. The CDA shall determine all of its costs, including both administrative and consulting services, at the rates normally charged by the CDA or its consultants at the time the costs are incurred. The costs include, but are not limited to: a. The costs of publishing notices b. Necessary travel expenses c. The fees and expenses of experts, consultants and outside services retained by the CDA d. The CDA's staff time devoted to performance of the CDA's function under this agreement; and e. The actual costs incurred associated with any surveys or investigations. Payments shall be made to the CDA's consultants, including but not limited to engineering, financial, legal and planning, in the amounts actually billed to the CDA, according to the consulting rates in effect at that time. Such consulting services or costs shall reasonably and necessarily relate to the environmental review for the Project as determined by the CDA. The CDA shall not be responsible for paying any interest on the money deposited under this Agreement. Section 2.4. Disbursement of Deposit Account. Upon completion of the environmental review record, the deposit account shall be applied to pay the CDA's costs related to the review, and any balance remaining in the deposit account after payment of such costs shall be refunded to the City. Section 2.5. Accounting. If there has been activity in the account, the CDA will provide an accounting of all expenses charged against the account when requested by the City, but in no event more often than monthly. ARTICLE 3. MISCELLANEOUS Page 5 of 8 Page 101 of 184 Section 3.1 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota, Dakota County. Section 3.2. Independent Contractor Status. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the CDA or City as the employee of the other entity for any purpose or in any manner whatsoever. Section 3.3. Data Practices. All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. Section 3.4. Enforcement. In the event of breach of any terms of this Agreement by the Applicant, including, but not limited to the failure to make additional deposits or payments when required by the CDA, the CDA may cease work on the environmental review. Prior to terminating the agreement, the CDA will provide notice of said breach and provide 10 days to cure. If the contract is terminated, the CDA is entitled to compensation for all work performed prior to the termination. The City may terminate the Agreement, for any reason, by providing written notice of termination 10 days prior to the date of intended termination. Section 3.5. Liability. Each party to this Agreement shall be solely liable for the acts of its elected officials, officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, their elected officials, officers, employees, or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the City. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. Section 3.6. No Representation or Warranty. The City acknowledges that the CDA makes no representation or warranty that the environmental review will be approved by HUD. Section 3.7. Severability. If any portion of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. Section 3.8 Audit. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained, and such access and rights shall be in force and effect during El Page 6 of 8 Page 102 of 184 the period of the contract and for six (6) years after its termination or cancellation. Section 3.9 Amendments. Any amendments to this Contract are only valid when reduced to writing, specifically identified as an amendment, and signed by both Parties' Authorized Representative. Section 3.10. Representatives. The following named persons are designated the authorized representatives of parties for purposes of this Agreement. These persons have authority to bind the parry they represent and to consent to modifications, except that, as to the CDA, the authorized representative shall have only the authority specifically or generally granted by the CDA Board and as to the City the authorized representative shall have only the authority specifically or generally granted by the City Council. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses. To the City. Kellee Omlid Director of Parks & Recreation City of Farmington 430 Third Street Farmington, MN 55024 Telephone: (651) 280-6851 To the CDA: Lisa Alfson, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Center Drive Eagan, MN 55123 Telephone: (651) 651-4467 Section 3.11 Final Agreement. This Contract is the final expression of the agreement of the Parties, containing the complete and exclusive statement of the provisions agreed to by the Parties. This Contract supersedes all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. Section 3.12 Electronic Signatures. Each parry agrees the electronic signatures of the Parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. 5 Page 7 of 8 Page 103 of 184 IN WITNESS WHEREOF, the undersigned have executed this Agreement. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By Lisa Alfson Director of Community and Economic Development Date of Signature CITY OF FARMINGTON By Joshua Hoyt Mayor Date of Signature By Shirley Buecksler City Clerk Date of Signature ON Page 8 of 8 Page 104 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donations to the Dew Run Meeting: Regular Council - Jun 05 2023 Donations for the 43rd Annual Dew Run were received from Imperial Family Chiropractic and Kwik Trip. The 2023 Dew Run will be held Saturday, June 17. The 1-mile race starts at 8:00 a.m.,'/2-mile jr. jog at 8:15 a.m., and 4-mile race at 8:30 a.m. Imperial Family Chiropractic recently made a $300.00 donation to sponsor the Dew Run. Kwik Trip donated $150 in gift cards to be used to purchase water and fruit for the event from the Farmington store. Staff will communicate the City's appreciation on behalf of the City Council to Imperial Family Chiropractic and Kwik Trip for these generous donations. Adopt the attached Resolution No. R38-23 accepting the donations from Imperial Family Chiropractic and Kwik Trip to the Dew Run. Irk Page 105 of 184 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R38-23 A RESOLUTION ACCEPTING DONATIONS FOR THE DEW RUN WHEREAS, a donation of $300.00 was made by Imperial Family Chiropractic, and a donation of $150.00 in gift cards by Kwik Trip to the Dew Run; and WHEREAS, it is required by Minnesota Statute 465.03 that such donations be formally accepted; and WHEREAS, it is in the best interest of the City to accept these donations. NOW, THEREFORE, BE IT RESOLVED, that the City of Farmington Mayor and City Council hereby accept the generous donations of $300.00 from Imperial Family Chiropractic and $150.00 in gift cards from Kwik Trip to the Dew Run. Adopted by the City Council of the City of Farmington, Minnesota, this 51h day of June 2023. Joshua Hoyt, Mayor ATTEST: Shirley R Buecksler, City Clerk Page 2 of 2 Page 106 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Professional Services Agreement with Kraus- Anderson for Facility Condition Assessments Meeting: Regular Council - Jun 05 2023 The City of Farmington completed a city facility analysis study in 2017. The analysis included nine (9) facilities: City Hall, Fire Station 1, Fire Station 2, Central Maintenance Facility, 1 st Street Garage, Police Station, Schmitz -Maki Arena, Rambling River Center, and Outdoor Pool Bathhouse. Since 2017, facilities have been improved, one facility (Outdoor Pool and Bathhouse) has been decommissioned, and inflation and project escalation have occurred, and the overall reliability of the cost information developed in the analysis study has diminished. There have been times where the issues and costs have been unreliable. Staff met with Kraus -Anderson to learn about their Facility Condition Assessments and view the online Dashboard. Based on the conversation, Kraus -Anderson submitted a proposal to complete a new facility assessment for each of the eight (8) city facilities. This includes City Hall, Fire Station 1, Fire Station 2, Central Maintenance Facility, 1st Street Garage, Police Station, Schmitz -Maki Arena, and Rambling River Center. The assessments will redevelop the current deferred maintenance plan with an approximation of costs for each line -item deferred maintenance identified and provide prioritization of the current needs for the facilities. The assessments include a detailed 10-year plan, which will be on an online dashboard. This allows City Staff to regularly update the information and provides a tool to proactively plan for facility equipment replacements and costs. Thus, Staff can include replacement costs in the Capital Improvement Plan (CIP). Attached is the Professional Services Agreement (PSA) which includes the proposal to complete the Facility Condition Assessments. The City Attorney reviewed the attached PSA and found it to be acceptable. The cost for Kraus -Anderson's Facility Condition Assessments is a lump sum fee of $29,200. Funding for the Facility Condition Assessments will be through American Rescue Plan Act (ARPA) funds. Page 107 of 184 Approve the attached Professional Services Agreement with Kraus -Anderson to complete Facility Condition Assessments on the aforementioned city facilities. m Page 2 of 17 Page 108 of 184 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is made this 1 st day of June, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and KRAUS- ANDERSON CONSTRUCTION COMPANY, a Minnesota corporation, whose business address is 501 South Eight Street, Minneapolis, MN 55404 (hereinafter "Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth on the attached Exhibit "A" (referred to throughout this Agreement as the "services" or "Services"). The Consultant agrees to perform the services. Consultant shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit "A". The Work shall be performed in accordance with this Agreement and the attached Exhibits: Exhibit "A" — Scope of Services, Exhibit `B" — Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the documents listed above, the order of precedence shall be the following order: (i) Exhibit "A"; (ii) Exhibit "B", (iii) this Agreement. 2. REPRESENTATIVES. City has designated Kellee Omlid, Parks and Recreation Director (the "City Representative"), and the Consultant has designated Tim Kittila (the "Consultant Representative"). The City Representative and the Consultant Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Consultant shall be paid by the City for the services described in Exhibit "A" in accordance with the attached fee schedule, Exhibit "B", a lump sum fee of $29,200 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Services and when authorized in writing by the City. 4. COMPLETION DATE/TERM. This term of this Agreement will run until completion of Consultant's Services under Exhibit A. This Agreement may be extended upon the 2263640 Page 3 of 17 Page 109 of 184 written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information"), other than Consultant's proprietary information, shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules, and regulations applicable to the services to be provided. Any violation of statutes, ordinances, rules, and regulations applicable to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Consultant's books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. 8. INDEMNIFICATION. The Consultant shall indemnify, and hold the City and the City's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Consultant, its employees and its consultants in the performance of professional services under this Agreement. The Consultant's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend. The Consultant's duty to indemnify the Owner under this Section 8 shall be subject to the limitation of liability set forth in Exhibit A. 9. INSURANCE. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain, and pay for such insurance as will protect Consultant against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: 2263640 Page 4 of 17 Page 110 of 184 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial. General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. C. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. d. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement. f. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. g. The Consultant's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. h. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. 2263640 Page 5 of 17 Page 111 of 184 i. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance of Services under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Consultant may enter into subcontracts with sub - consultants as it deems necessary for the performance of services provided under this Agreement with the express written consent of the City. Consultant shall comply with any provisions of Minnesota Statute § 471.425 that are applicable to the Consultant's Services. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Consultant and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the 2263640 Page 6 of 17 Page 112 of 184 provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 1.5. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 1.7. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. All data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement is subject to the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the "Act"). In the event Consultant receives a request to release data under the Act, Consultant must immediately notify City and Consultant will cooperate with the City regarding the release of the data to the requesting party. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days' written notice delivered to Consultant at the address on file with the City. Upon termination under this provision, except to the extent of any fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another Consultant to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for Services, and will require all of its subcontractors for such services to incorporate such requirements in all subcontracts for services under this Agreement. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 2263640 Page 7 of 17 Page 113 of 184 22. SERVICES NOT PROVIDED FOR Claims for services furnished by the Consultant not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: , 20 CITY: CITY OF FARMINGTON Dated: , 20 By: Joshua Hoyt Mayor By: Shirley Buecksler City Clerk KRAUS-ANDERSON CONSTRUCTION COMPANY: By: Its [print name] [title] 2263640 Page 8 of 17 Page 114 of 184 EXHIBIT "A" SCOPE OF SERVICES CONSULTANT'S PROPOSAL DATED , 2023 oil fffk>1 €€€€€ =?t } �r f l i�€� to�41 �F yy Y4 iAgM,.Of, MINNESOTA Facility Condition Assessments Proposal for the City of Farmington March 27, 2023 226364v3 Page 9 of 17 Page 115 of 184 The City of Farmington completed a facility study in 2017. The assessments included nine (9) facilities. Since that time, facilities have been improved upon, one facility has been decommissioned, personnel has departed or retired from the city, inflation and project escalation has occurred and the overall reliability of the cost information developed in the study has diminished. Therefore, the City would like to complete a new facility assessment for each of the eight (8) key facilities. After discussion with Kraus -Anderson, Kraus -Anderson has put together the following proposal to assist with the process of providing comprehensive Facility Condition Assessments on the specified facilities. This process will redevelop the current deferred maintenance needs for these facilities, develop a new long-term facility maintenance plan and provide prioritization of the current needs for their facilities. The assessment will be provided on a digital platform and allow the city to keep the information on work completed, updated and refreshed and live. The final deliverable will help the staff understand the current status of the facility, prioritize immediate needs, and provide a long-term facility maintenance plan for their facilities. This plan can be presented to the city's key stakeholders, council and acceptable for public review for full understanding of the city's upcoming needs. It was also discussed that this current effort be focused on an assessment of current status of the facilities. If adequacy issues are identified and changes need to be made to the facilities for workflow or operational improvements, an architect should be engaged, in which Kraus -Anderson would gladly team alongside for such endeavors under a separate proposal. The purpose of the Facility Condition Assessment would be focused on the existing facilities as they currently reside. SCOFF; OF WORK The Kraus -Anderson Facility Assessment team is pleased to submit our proposal to assist the City of Farmington with providing a comprehensive Facility Condition Assessment. The FCA will be inclusive of the following facilities: Facility Name Approx. SF City Hall 44,000 Fire Hall 10,000 Fire Station #2 10,650 Arena 35,470 Maintenance Facility 43,330 Maintenance Garage 5,190 Police Station 14,990 Senior Center 12,670 The eight (8) facilities represent nearly 176,300 SF of facilities. Facilities Condition Assessment Kraus -Anderson's Facility Condition Assessments will provide the City of Farmington with a full inventory of current and anticipated deferred maintenance and an approximation of costs for each line -item deferred maintenance identified. Our comprehensive review of the facilities includes the following: Complete site interviews of key facility personnel currently managing and maintaining the facility - gather all pertinent information regarding the facilities and surrounding properties Onsite visit: Complete a non-destructive visual inspection, a high-level site visit to review the property and existing building systems conditions inclusive of the following divisions: o 02-Site Work: Site lighting, transformer, parking lots/structures, stormwater, curb, green space, etc. 03- Building Structure: Non -engineering review of structure- identify points of concern 2263640 Page 10 of 17 Page 116 of 184 0 04- Foundation/Slab-on-Grade: Basements, loading docks, slabs, etc. 0 05- Exterior Enclosure: Fagades, exterior walls, exterior doors, windows, building penetrations 0 06- Roofs: Roof review, roof drainage, flashing, coping, etc. 0 07- Interior Construction: Phased replacement budgeting only 0 08- FF&E. Phase replacement budgeting only 0 09- Special Construction: Pools, data centers, etc. 0 10- Conveyance: Elevators, escalators, chair lifts, etc. 0 11- Fire Protection: Protection, detection, panels 0 12- Plumbing Systems: Water Heaters, softeners, sumps, sewer, med gas, etc. 0 13- HVAC: Heating, Ventilation, cooling, boilers, AHUs, etc. 0 14- Controls: DDC, Pneumatic, Lighting 0 15- Electrical: Switchgear, Generators, ATS, lighting 0 16- AN: Provided by the City of Farmington 0 17- Technology, Electronic Safety/Security: Provided by the City of Farmington • Identify all deferred maintenance and upcoming facility expenditures and digitize the findings into a consolidated and detailed report • Itemize and prioritize deferred maintenance and facility expenditure items and develop a comprehensive deferred maintenance list for the facilities • Identify cost estimates associated with either repair, replacement, or upgrades that coincide with each identified depreciable asset item that will either be a deferred maintenance item or upcoming facility expenditure • Analyze and consolidate cost estimate information and provide summary cost information on a 10-year plan basis (assessment will include items beyond the 10-year summary) • Present and review itemized FCA and list of prioritization recommendations and review with key facility personnel and decision makers • Develop assessment report content • Present and review assessment report and FCA with the City of Farmington and/or various departments • Modify/update final facilities condition assessment report based on the City of Farmington input and prioritization direction In addition to the reporting of the existing facilities' conditions, Kraus -Anderson will provide recommendations around the following items: • Sustainability recommendations • Energy efficiency recommendations and possible cost savings • Safety and security upgrades • Code compliance/ADA regulations In addition, Kraus -Anderson will provide high-level analysis and recommendations for the potential identification of harmful materials and possible indoor air -quality concerns. Detailed testing will need to be verified by third -parry consultants (not included in this initial phase). PROJECT APPROACH c WORK PLAN Kraus -Anderson's Facility Assessment Service follows a detailed delivery assurance process to maintain the quality of the Facility Condition Assessments provided for our customers. Independent of the amount of infonnation available, our team will provide a comprehensive review of the facilities and property, organize the gathered information and previously, and present the results of the facility condition assessment. All information will be digitized and consolidated into an online accessible portal. All information will be easily accessible and available for download. Define Phase (Project initiation) • Project proposal development and understanding of client goals and objectives 2263640 Page 11 of 17 Page 117 of 184 Project Award and Setup Internal Kickoff Meeting External Kickoff Meeting o Introduce team members o Identify key stakeholders o Identify and gather existing key documentation of the site that has not been provided o Review proposed timelines and project schedule Collect Phase • Site observation and walk-throughs (digitally documenting site walk-through) • Review existing documentation • Interview with key personnel and stakeholders— identify key site dates, information about the site, critical information, anecdotal information that may be useful to understanding the status of equipment/materials/condition, transfer of knowledge • Complete inventory of all reviewed systems and assets • Digitize information gathered from site interviews, walk-throughs, site visits, etc. Develop Phase • Development of comprehensive facility expenditures and deferred maintenance list on a 10-year basis • Prioritize facility maintenance needs, energy efficiency, code compliance, and ADA issues identified • Estimate costs associated with facility improvements and upcoming expenditures • Develop phasing considerations for various projects that should be completed simultaneously or in conjunction • Incorporate previously completed assessments and estimated costs and confirm pricing for those items Refine Phase • Collaboratively work with the owner through: o Concepts for facility maintenance items, site improvements, and remediation concepts o Iterative prioritization process and criticality of items o Potential costs savings for completing projects simultaneously o Full understanding of remediation of costs o Presentation of data to executive committees • Identify and understand the results of the data via the Facility Condition Index (FCI) measurement of the reviewed properties Present Phase • Provide an executive summary of findings and ownership recommendations • Provide concepts and prioritization of remediation items • Provide estimation consolidate budgets on a 10-year plan, inclusive of cost escalation/inflation • Provide a full digitized package of site plans, concepts, results, estimates, a 10-year plan, and a final report PROJECT DELIVERABLES At the conclusion of the project, City of Farmington will be presented with access to KA's portal, inclusive of the following: Name Description 2263640 Page 12 of 17 Page 118 of 184 Executive report Summary of the key findings from site visits, including client personnel interviewed Digitized Site Report Report of facility information, site walk-through, and deferred maintenance findings and site photography KA FCA Dashboard Detailed 10-year plan which includes the following items, prioritize and categories by condition, criticality, replacement timing, resolution, and funding mechanisms including the following: • Capital and deferred maintenance/facility deficiency items identified • Project identification and phasing considerations • Equipment and Materials lifetime expectancy • ADA/Code Compliance considerations • Safety and security considerations • Energy efficiency considerations • Cost estimates based upon real-time market data from KA's current construction cost database Facility Condition Index Following the IFMA standard for Facility measurement, the FCI score informs clients on the status of their overall facility and assists with strategy on level of investment required moving forward. Site Interview Information Document the anecdotal information available about the various facilities, document timeframes and phasing of the building, and current issues the facility teams are dealing with in regards to the facility. Meetings and Agendas Inclusive of the kickoff meeting agenda and other regular meetings where information is gathered. *Deliverables will be provided via Kraus -Anderson's online portal and accessible and downloadable for up to one (1) year from date of initiation of project. Based upon the scope of services, we anticipate an FCA for the proposed facilities to require 2-3 months from the date of the initial kickoff meeting. FEE We propose to furnish all labor, material, Workers' Compensation, all liability insurance, and to pay all state, federal and local taxes to provide this assessment for a lump sum fee of $29,200.00 The following is a list of exclusions, not included in the scope of services. • Geotechnical observation (soil borings) • Site Survey • Detailed demographic study (third -party consultant) • Bulk printing of reports and findings CLIENT RESPONSIBLITIES 226364v3 Page 13 of 17 Page 119 of 184 In order to deliver a successful project, the Client agrees to provide the following information in order to support this engagement. • Designate a single point of contact (SPOC) who will be responsible for: o Identify, schedule, and confirm availability of Client subject matter experts, facilities staff, end -users, and management for onsite interviews and meetings. o Provide access to the facility as needed • Provide documentation as needed throughout the project, such as drawings, diagrams, inventories, current cost data, and various reports. • Ensure client interviews and review meetings are attended in order to avoid project delays and costs. • Provide information, decisions, and approvals within three (3) working days of the request or otherwise agreed upon. This proposal will be deemed accepted as the Work Order for the project upon receipt of a signed original or copy thereof. If this proposal correctly states our agreement, please sign below: In witness whereof, the parties hereto have caused their duly authorized representatives to enter into this agreement effective as of the date set forth below. CITY OF FARMINGTON KRAUS-ANDERSON an Date: / I Date: / 2263640 Page 14 of 17 Page 120 of 184 '12OJEC1 ASSUMPTIONS • The purpose of this project is to define current facilities conditions, provide framework for space planning efforts and strategy, not to execute the strategy. The actual execution is expected to be a follow on engagement to be discussed upon the presentation of the strategy and approval by the Client. • The scope of work was proposed solely to meet the needs of KA's Client. • KA's evaluations and opinions of cost estimates are only as of the date the walk-through performed, documentation reviewed and interviews conducted. KA does not guarantee any cost estimates provided as part of the facilities assessment. • Conditions at a property and the estimated costs to remedy them can change significantly over a relatively short period of time due to levels of maintenance, wear and tear, acts of nature and other factors. • KA shall not be liable for any unintended usage of this report by another party. • No facility assessment can wholly eliminate uncertainty regarding the potential for physical deficiencies and the performance of a property's building. • There is an inherent subjective nature of opinions as to such issues as original workmanship, quality of original installation, and estimating the remaining useful life of any given component or system. • KA's facility assessment was designed to reduce, but not eliminate the uncertainty regarding the potential for component or system failure, within reasonable limits of time and cost, and no warranty is expressed or implied regarding the design, operation or safety of any building system or component by KA's performance of the facility assessment. • The facility assessment is intended to be a non -intrusive assessment. • No destructive testing will be completed and concealed areas, such as inside, plenums, behind walls or within machinery, were not accessed (unless specifically noted) • KA makes no representations regarding exterior insulation and finishing systems (EIFS), curtain walls or other building skin conditions that would not be readily observable and, therefore, outside the scope of this assignment (unless specifically included). • The facility assessment does not constitute a design, regulatory or code compliance audit of the building systems that may be present at the Property. • KA is not performing the facilities assessment in the capacity of a design professional. Where any changes or repairs to existing building systems are contemplated, Client agrees to retain the services of a licensed design professional to evaluate/design any such changes or repairs. • KA's fee for the facilities assessment includes a reasonable allowance for risk. Client agrees that KA's aggregate liability for all claims arising from the facilities assessment will not exceed the fee paid to KA or $100,000, whichever is greater, and Client agrees to indemnify KA from any liability in excess of such amount. • Testing, measuring, or preparing calculations for any system or component to determine adequacy, capacity, or compliance with any standard is outside the scope of work. • Information in this report, concerning past and current physical concerns, maintenance and replacement activities, and condition of spaces not observed or viewable, is from sources deemed to be reliable, including, but not limited to interviews with property owners, operators and tenants, interviews with municipal agencies and vendors; however, no representation or warranty is made as to the accuracy thereof. 2263640 Page 15 of 17 Page 121 of 184 • KA will have no ongoing obligation to obtain and include information that was not reasonably ascertainable, practically reviewable or provided to KA in a reasonable timeframe to formulate an opinion and complete the assessment by the agreed upon due date. • While the general environmental setting of the property is described, this assessment is not intended to be a formal flood plain or wetland determination, and no warranty with respect thereto is expressed or implied. • Any fungi or mold reference included in the final report does not constitute a professional mold inspection and is not based upon any sampling, testing and/or abatement. • KA merely notes the visual presence or absence of fungi or mold while in the course of preparing this report. 2263640 Page 16 of 17 Page 122 of 184 EXHIBIT `B" SCHEDULE OF PAYMENT AND FEE SCHEDULE Consultant shall be paid by the City for the services described in Exhibit "A" a lump sum fee of $29,200 inclusive of taxes and reimbursable costs. Payments are due to Consultant within thirty (30) days after City's receipt of Consultant's monthly invoice for Services performed. 2263640 Page 17 of 17 Page 123 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with TKDA for Public Works Campus Improvements Meeting: Regular Council - Jun 05 2023 Two projects are moving forward near the Maintenance Facility; repairs to the retaining wall at Well 5, and installation of a fuel island to serve City vehicles and equipment. As shown on the attached aerial image, these two projects are in close proximity and the survey work necessary for each project would overlap. So, the City has decided to use a single engineering consultant for both projects. Well 5 Retaining Wall Repairs Well 5 was constructed in 1999 and has a pumping capacity of 1,200 gpm. As part of the project in 1999 a modular block retaining wall, about 4 feet tall and 115 feet in length, was constructed between the Well 5 driveway and the boulevard of English Avenue. In 2008, a segment of the retaining wall near the Well 5 building was repaired. Another 85-foot section of the wall has failed. A very rough cost estimate indicates that the latest repairs could cost as much as $80,000 if the same modular block materials are used. Based on the scope and cost of repairs, Staff recommends that we consider additional options before proceeding any further. These options could include replacement of the entire wall with a large block retaining wall; grading alterations; alignment alterations; etc. Cost estimates for additional options would need to be determined. This issue was discussed by the Water Board at their January 23, 2023 meeting; they directed Staff to consider additional options for repair of the Well 5 retaining wall before proceeding. This first phase of the engineering work includes topographic surveying, a condition assessment of the wall, replacement options, and costs estimates. Fuel island Diesel fuel for City vehicles and equipment is obtained either at the Dakota County facility on CR 50 or at local gas stations; unleaded fuel is purchased at local gas stations. In 2022, the City purchased about 11,880 gallons of diesel fuel from Dakota County; 4,820 gallons of diesel from local retailers; and 41,700 gallons of unleaded fuel from local retailers. This results in hundreds of trips per year to retailers. The long-term planning of the Maintenance Facility campus included fueling facilities. A new fuel island is proposed with two dispensers (two pumps and four hoses), a tank for diesel, a tank for unleaded, along with a canopy. Page 124 of 184 There are multiple reasons for the City to install a fueling facility on site. Dakota County has plans to relocate their salt storage and fuel facility from 4975 212th Street West to a new facility in Hampton in the next 2-3 years. An on -site facility would reduce trips to fueling facilities off site, saving time and money, and increasing safety as trucks and equipment are not maneuvering among other customers at retail sites. Additionally, we expect a cost savings in fuel by purchasing in bulk. This first phase of the engineering work include topographic surveying, conceptual layouts, a code compliance review, and costs estimates. On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. TKDA is one of the firms in the consultant pool and has prepared the attached scope and budget based on discussions with City Staff regarding this project. The attached Professional Services Agreement (PSA) uses a format provided by the City Attorney. The total estimated not to exceed fee for this work is $35,800. The retaining wall related costs will be funded via the enterprise Fund for Water; the fuel island costs will use American Rescue Plan Act (ARPA) funds. Approve the Professional Services Agreement with TKDA for Public Works Campus Improvements. 060523 Professional Services Ac ireement TKDA PW Campus I'morovemen] Page 2 of 16 Page 125 of 184 Page 3 of 16 Page 126 of 184 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is made this 5th day of June, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and TKDA, Inc. a Minnesota Corporation, whose business address is 444 Cedar Street Suite 1500 St. Paul MN 55101 (hereinafter "Engineer"). The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit "A" attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit "A". The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit "A". The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit "A" — Scope of Services, Exhibit "B" — Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A", (iii) Exhibit `B". 2. REPRESENTATIVES. City has designated John Powell Public Works Director/City Engineer (the "City Representative"), and the Engineer has designated Lai Poppler, Project Manager (the "Engineer Representative"). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit "A" on an hourly basis in accordance with the attached fee schedule, Exhibit "B", but not to exceed $35,800 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the 224345v1 Page 4 of 16 Page 127 of 184 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by July 22, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer's books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer's breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer's services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any 224345v1 Page 5 of 16 Page 128 of 184 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. C. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. 224345v1 Page 6 of 16 Page 129 of 184 d. Engineer shall maintain "stop gap" coverage if Engineer obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Farmington" as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Engineer's responsibility to pay any retention or deductible for the coverages required herein. 1. The Engineer's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. M. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer's Work. Upon request a copy of the Engineer's insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and 224345v1 Page 7 of 16 Page 130 of 184 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City's right to enforce the terms of Engineer's obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer's Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed 224345v1 Page 8 of 16 Page 131 of 184 services provided by subcontractor within ten (10) days of Engineer's receipt of payment from. City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 1.3. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer 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 the Engineer pursuant to this Agreement. Engineer 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 Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer's officers', agents', 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. 224345v1 Page 9 of 16 Page 132 of 184 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days' written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 224345v1 Page 10 of 16 Page 133 of 184 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: June 5, 2023 Dated: May 31 CITY: CITY OF FARMINGTON 0 Joshua Hoyt Mayor By: Lynn Gorski City Administrator 2023 ENGINEER: By:� e�6kelle' 4) Matthew J. Christensen Its Vice President [title] [print name] 224345vl Page 11 of 16 Page 134 of 184 EXHIBIT "A" SCOPE OF SERVICES 224345v1 Page 12 of 16 Page 135 of 184 0 May 26, 2023 Mr. John Powell City of Farmington 430 Third Street Farmington, MN 55024 via email only: jpowell@farmingtommn.gov Re: Revised Proposal for Engineering Services Public Works Campus Improvements (English Avenue Retaining Wall Evaluation, Public Works Campus Survey, and Fuel Island Study) Dear Mr. Powell: In response to your request, we propose to provide Engineering Services in connection with evaluation of the Public Works Campus Improvements, hereinafter called the Project. This Proposal revises and supersedes our previous Proposal dated May 2, 2023. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in a mutually agreeable contract issued by the City of Farmington. Hereinafter, the City of Farmington is referred to as the CLIENT. 1. PROJECT DESCRIPTION The CLIENT is requesting assistance with evaluation of the English Avenue Retaining Wall. The retaining wall is a small stone modular block wall near Well #5. In 2009 a portion of the wall was repaired and geo-grid reinforcement was added to help stabilize the wall. Since then a portion of the remaining wall area has failed and another portion in the repair area is tipping forward indicating a pending failure. Snow storage and snow movement on top of the wall are potentially contributing to the failure of the wall. Record drawings of the repaired area of the wall have been made available to TKDA however the original plans are not available. The CLIENT would like to complete a global view of the situation to determine if other options exist. CLIENT is also requesting a full topographic survey for the public works campus. The CLIENT is considering options for a fuel island. To meet NFPA standards, the survey will need to include boundary information. The survey data will be downloaded and mapping will be prepared in AutoCAD. CLIENT would also like to review options for a fuel island within the public works campus. The fuel island would generally be located west of the water tower. The CLIENT would like to review layout options and receive recommendations. 11. SERVICES TO BE PROVIDED BY TK A Based on TKDA's understanding of the Project, we propose to provide the following services: A. English Street Retaining Wall 1. Perform a visual condition assessment of the wall consistent with Chapter B of the MnDOT Bridge and Structure Inspection Program Manual. 2. Document the exercise indicating locations of wall failure and pending wall failure. 3. Provide repair/replacement/or other alternative recommendations and associated opinions of probable cost for future planning. B. Topographic and Boundary Survey 1. Perform topographic survey of the public works campus within the following streets: Municipal Drive, English Avenue, and 197th Street. 2. Complete boundary survey for the Farmington municipal campus. 3. Prepare topographic mapping of the public works campus and boundary mapping of the municipal TKDA® 1 444 Cedar Street Suite 1500 1 Saint Paul, MN 55101 651.292.4400 • tkda.com Page 13 ofj bb g /jp�r�ployee-owned company promoting affirmative action and equal opportunity. Page 136 of 184 Mr. John Powell ( City of Farmington Revised Proposal for Engineering Services Public Works Campus Improvements May 26, 2023 Paae 2 campus. Mapping completed using AutoCAD. AutoCAD files to be delivered to CLIENT. C. Fuel Island Study 1. Conceptual sizing/layout drawings of fuel island for diesel and unleaded fuels on aerial background (2 Options). Layouts will show major equipment layout and sizing. Turning templates will be utilized to check ingress and egress. 2. Opinion of probable costs for options and amenities. 3. Complete code compliance review, meetings, and final report/memo with options and recommendations. Ill. ADDITIONAL SERVICES If authorized in writing by the CLIENT, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Engineering services for wall repair and/or replacement. B. Engineering services for fuel island construction. IV. CLIENT RESPONSIBILITIES These responsibilities shall include, but not be limited to: A. Designate one (1) individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION 11 above. C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so the Project schedule can be maintained. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal, and to complete services by July 15, 2023. This date is contingent upon timely acceptance of this Proposal. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION 11 of this Proposal shall be billed as shown in the attached fee estimate with a not to exceed fee of $35,800.00. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. If acceptable, please issue an agreement which incorporates this Proposal for our review and execution. This Proposal will be open for acceptance for 60 days, unless the provisions are changed by us in writing prior to that time. Please contact Larry Poppler directly at 651.292.4457 or iarr . o ler tkda.com if you have any questions. Sincerely, ry Poppler, PE Project Manager Attachment: Fee Estimate LPP'DW F add:ay o Matthew J. Christensen, PE Vice President, Surface Transportation Page 14 of 16 Page 37'of 184 EXHIBIT "B" SCHEDULE OF PAYMENT AND FEE SCHEDULE 224345vl Page 15 of 16 Page 138 of 184 V N OJ h M V cD V cD O2 l[J W W CO D) N N CO W N N h 0) O O M d N c0 O Oci W Ili p O M f9 f9 fAi U3 � O O � N O D) W Yi N M h Iq � h N M � .0 V d co M ER V V V N N V N L O N EA W d N M a d Vl N N V O• O N � G O D M O Q S � d( M N N ° Ct L a � V � E � LLI d: .W O yr d N h i O vs � cp N c0 � O O � N V V V N h M T d Q+ B 3 a V O cp N M UI {y N S d � � M C t6 M t0 � T cO d T�,. ccOo co N � � O U � O _T t6 a C a w o 0 a N o m n a ° v E E .� O 2i .° c b U ° w m c WOEE ET w c E W O c ° c a 3 0 m m N 0 c •m 'O m Z d Z O a t6 o O ° N `o „ Q N g c _E d a w y uw in c z � -cn 0 'v, 0 .S w m N C m «% w w o a N o m N E E y . N c ° E c6 d G C O .O 2 Z °C °' 3: -° T ). m N O O. N N N N N$ °� E O N N a LL 16 Q N O (� O. N LL N -O O. N N y A O W O o �• U N r C Z N O = O U m y y N 3 c .0ra, o ° v L cA m Cp a u u n m o a L p U w •' v Q a` E > > w w `o� O o. c .a E E °' 'Z• U r �' `o m W d d N K W w w E in d O O O. N fq � N O S -Q m LL IL [ V 3 C O a O _NO_ N U O U O U N 2' N 2 C J 3 U U d O r a LL LL m W N d d W •d^ . r r W C h r f Page 16 of 16 Page 139 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with WSB for MS4 Inspections Meeting: Regular Council - Jun 05 2023 City Staff does not have adequate time to complete all the necessary inspections and documentation to adhere to the requirements of the City's MS4 permit. We propose to contract with WSB, a firm in the approved Consultant Pool, for the 2023 construction season to assist the City in completing the necessary inspections. In 1972, the National Pollutant Discharge Elimination Program (NPDES) was created by the federal government with a goal of improving water quality. In Minnesota, the program is implemented via the Minnesota Pollution Control Agency (MPCA) through their issuance of three types of permits: Construction, Industrial, and Municipal Separate Storm Sewer System (MS4) permits. As the City of Farmington owns a stormwater-only conveyance system and has a population in excess of 10,000, we are an MS4 permittee. Per the MPCA, "The MS4 general permit is designed to reduce the amount of sediment and other pollutants entering state waters from stormwater systems. Entities regulated by the MS4 general permit must develop a Stormwater Pollution Prevention Program and adopt best practices." MS4 permittees are required to implement a stormwater pollution prevention program (SWPPP). SWPPP's include six Minimum Control Measures (MCM): 1. Public education and outreach. 2. Public participation/involvement. 3. Illicit discharge detection and elimination. 4. Construction site stormwater control. 5. Post -construction stormwater management. 6. Pollution prevention/good housekeeping As part of the MCM's, the City is required to enforce construction site stormwater runoff controls to reduce the impacts of land disturbing activities on stormwater. The City is also required to regularly inspect and maintain existing storm water ponds to preserve their function. The contracted inspector will be performing inspections of construction sites, as well as inspection of existing storm water and ponding facilities. Page 140 of 184 On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. WSB is one of the firms in the consultant pool and has prepared the attached scope and budget based on discussions with City Staff regarding this project. The attached Professional Services Agreement (PSA) uses a format provided by the City Attorney. The total estimated not to exceed fee for this work is $44,880. This assumes 20 hours/week of contracted inspection assistance thru the end of October. In new projects, developers pay for construction observation performed by the City's in-house staff or a consultant. Construction observation can include erosion and sediment control inspections and is billed on an hourly rate basis to each development. For inspection time related to existing storm water and ponding facilities, time will be charged to the professional services line item of the enterprise fund for Storm Water. Approve the Professional Services Agreement with WSB for MS4 Inspections Page 2 of 18 Page 141 of 184 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is made this 5th day of June, 2(�23, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, M`N 55024 (hereinafter "City") and )KSB & Associates, Inc. dba WSB, a Minnesota Corporation, whose business address is 701 Xenia Avenue South,Suite 300 Minnea V olisMN 55416 (hereinafter "Engineer"). -------•-- _ PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit "A" attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit "A". The Engineer agrees to perform the services, Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit "A". The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit "A" — Scope of Services, Exhibit "B" — Schedule of Payment and Fee Schedule, In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A", (iii) Exhibit "B". 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/Ci!K-Eggineer (the "City Representative"), and the Engineer has designated Mark Erickson Director of Munici al Pro am Delive (the "Engineer Representative"). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed, 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit "A" on an hourly basis in accordance with the attached fee schedule, Exhibit "B", but not to exceed $44,880 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the 224345vl Page 3 of 18 Page 142 of 184 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization, 11 �wl ski= K It rAW-4 a 1"I a I I affm a I ats a 11DIANY 1WHIBRUVA I 4. COMPLETION DATE/TERM. The Engineer must complete the Services by December 31, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports an information generated in connection with the performance of the Agreement (1riformation") shal become the ro e of the Ci but En ineer ma retain co ies f 11 0 tialitni to Me Tuier, ant Life party using me iniormation agrees o n aermilly me o from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided, Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer's books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years, 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer's breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner, Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement * City shall not be responsible for discovering deficiencies in the accuracy of Engineer's services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred to the extent caused b any breach of this Agreement by Engineer, its agents, contractors and employees, or 2243 450 Page 4 of 18 Page 143 of 184 any negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $ 1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance, The City shall be named as an additional insured on the general liability and umbrella policies. C, Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000 VgLLIaim and in the aggLegate. Said policy need not name the City as an additional insured. 2243450 Page 5 of 18 Page 144 of 184 & Engineer shall maintain "stop gap" coverage if Engineer obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Farmington" as an additional insured. f All policies, except the Professional Liability Policy, shall apply on a "per project" basis. 9. All polices shall contain a waiver of subrogation in favor of the City. h. All • except for the Worker's Compensation Policy and the Professional • Policy, shall be primary and non-contributory, All polices, except the Worker's Compensation Policy and Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum oft o (2) years following City's written acceptance of the Work, k: It shall be Engineer's responsibility to pay any retention or deductible for the coverages required herein. 1. The Engineer's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. M. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer's ♦ of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer's Work. Upon request a copy of the Engineer's insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a forin acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies, City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence 224345vi Page 6 of 18 Page 145 of 184 of insurance, or to advise Engineer of any deficiencies in such documents and receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, Cit's right to enforce the terms of Engineer's obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Fumish a written acceptance of tender of defense and indemnity from Engineer's insurance company, Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. • 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall 224345vl Page 7 of 18 Page 146 of 184 parties, unless otherwise provided herein. 224345vl Page 8 of 18 Page 147 of 184 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void, 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified trail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt, 26, AlWVER. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement, 2243450 Page 9 of 18 Page 148 of 184 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: June 5., 2023 Dated:-- 1"-A Q2 5 _, 20_7r3 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator M&rj��-e , 66�0^. [print name] Its [title] Tr go I f4r-- WA� 224-345vl Page 10 of 18 Page 149 of 184 EXHIBIT 44A SCOPE OF SERVICES 4345vt Page 11 of 18 Page 150 of 184 May 9, 2023 Mr, JOhO POWE�11, PE City of Farmington 430 'Third Street Farnington. MN 55024, Re: 2023 Environmenta# Compliance Site inspections Dear N/Ir Powell, On behalf of WSB, I am pleased to submit this proposal to provide professional engineering services as they relate to enviromnental compliance inspections of active construction sites within the City of Farmington, PROJECT UNDERSTANDING To ensure compliance with the City of Farmington s City Code and their Municipal Separate Storm Sewer ystern (MS4) Permit, active constnuction projects will be inspected once every seven (7) days. With this type of observation, it is possible to commi.,inicate items of concern and needs for correction in a timely mariner to the project owners. At this time, it is estimated that it will take a ' pproximately twenty (20) hours to complete these site inspections (includes travel tirne and documentation'), It would be advisable that during the first week of inspections there would be tu-ne set aside to inClUde a brief dialog with site owners/contractors to ensure that all details of construction are shared with the Environmental Compliance Specialist, This dialog will streamline future inspection services and prepare the inspector for future construction operations, SCOPE OF SERVICES WSB is pleased to provide this proposal to complete the following scope of services: EXHIBIT A Items Supplied by WSB All necessary inspection equipment, including turbidity and pH meters, In addition, the mspections will be documented with digital photography equipment aidirrg in the communication of items to the project owner A mobile iaptop and/or tPad wilt be utilized fr',")r electronic docur,,)entafion, Personnel A professi(,-)nai Envirannnental COMPhance Specialist certified in the State of Minnesota having successfully completed the comprehensive University of lkfinnesota Construction Site Manager training course, This Speciaiist will manage the inspection, reports and forward arry rest,,ilts to the project ,icvners, any pe?lin.ent construction professionais, and ihd City of f"rrrrrrittcttcacr, Page 12 of 18 Page 151 of 184 ,N,lr Jon, c,,v9 e n Pc May 9, 2023 Page 2 EXHIBIT A Inspection 'The inspection will be both vilsuai slid documented for NPOES construction stormwater compliance purposes Inspections will include checking for erosion, Sediment aCCUrnulation, hazardOUS materials and Stormwater Pollution Prevention Plan documentation corrioliance in addit�W,- the inspections will docurrient perimeter controls, fire efrarnes for grading and soil statail ization, along with secondary cx)ntainrnent needs foi all hazardous matenals located or,,site, Inspection Report WS8 will prepare an inspection report detailing the inspection rclsufts and the cornphance deficiencies will be documented ioiUi photographs to indicate deficiencies All reports will be provided to owners within 24 hours of inspection completion, Monthly Review WSB wili submit a monthly inspection surnmary report, to the City This docurrient will detail nurnber of inspections cornpleted, enforcement actions, illicit discharges, saes with maintenance concerns, etc, 'The report will aide in the project rnanagemerat of sites arid the City's MS4 Permit documentation requirements Key Defiverables Certified inspection reports in POF format, Additional Services In addition to active construction sites throughout the City. WS6 will provide inspection services of pond, outfall, and struCtUral stormwater BMPs to uphold compliance wrth the Citys MS4 permit obligations, SCHEDULE The proposed inspection services can be initiated as scion as direction is provided by the Farmington to begin the work, WSB�vPROPOSEDFEE rom�let: P rtl: _)vp oll complete the above tasks at a standard hourly rate of $102. If you agree with the above at 'I s� opy to rne via hard copy or eff)ail, ;B , :ta s :k j"I rr se s n below, ropos-al, please sign below, arid retu:rrone r, �Poc EP I $ rtank you for me opportunity to t)e considere(I tor this service otlering, It you have any qUestions or concerns. please contact me by phone at 612,749 2799 Or email at kbonnell@wsbeng,corn. sincereiy WSS KP1J-tP1/NkA Kory Bonnall Ph,D Environmental Corni,,)1ianc>s ('�ro(.�p Nla,nager Page 13 of 18 Page 152 of 184 'NJIr Jonn povvei? May 9. 2C),23 Page 3 Accepted By City of Farn%�ngton, $102 The (:iN of Farmington hereby accepts the VVSB proposa� an, hourly cost of per hOUr plus rinfleage for the Environrnentai Cornpiiance inspec I uon services ouffined above, SignatUre, vJ a m, e, Title, Date Page 14 of 18 Page 153 of 184 EXHIBIT "B" 224345vl Page 15 of 18 Page 154 of 184 Wsb klay 9, 2023 Mr John Powell, PE City of Farmington 430 Third Street Farmington, MN 55024 Re, 2023 Environmental Cornpliance Site Inspections Dear, Mr, Powell: On behalf of WS8, I am pleased to submit this proposal to provide professional engineering services as they relate to environmental compliance inspections of active construction sites within the City of Farmington, PROJECT UNDERSTANDING To ensure compliance with the City of Farmington's City Code and their MUnicipal Separate Storm Sewer ystern that S4) Permit, active construction projects will be inspected once every seven (7) days, With this type of observation, it is passible to communicate items of concern and needs for correction in a timely manner to the project owners, At this firne, it is estimated that it will take approxiniately twenty (20) hours to con"iplete these site inspections (includes travel time and documentation), It would be advisable that during the first week of inspections there would be tune set aside to indUde a brief dialog with site owners/contractors to ensure that all details of construction are shared with the Enwronmental COMPliance Specialist, This dialog will streamline future inspection services and prepare the inspector for future conStRiction operations, SCOPE OF SERVICES OISB is pleased to provide this proposal to complete the following scope of services EXHIBIT A Items Supplied by WSB Ali necessary inspection equipment. including turbidity and pH meters. In addition, the inspections will be documented with digital photography equipment aiding m the communication of items to the project owner, A mobile laptop and/or JP ad will be Utilized for electronic dMirnentation, UMMUM A professional Environmental Compliance Specialist certified in the State of Minnesota having suocessfulIy completed the comprehensive University of Minnesota Construction Site Manager training COUrse This Specialist will manage the inspection reports and forward any results to the project owners, any pertinent constructlon professionals, aod the City of Farmington. Page 16 of 18 Page 155 of 184 Ohn Powe May 92023 Page 2 EXHIBIT A Inspection The inspection will be both vcual and dOCUmented for NPDES construction storniwater, compliance purposes inspectjonswfll a,,,(,',1Ude checking for erosion, sediment aCCUrnulation, izardous materials and Storinwater POIlUtion Prevenbon Plan dOCUrnentation cornpliance In addition, the inspections W11 document perimeter controls, finieframes for grading and soil stabilization, along with secoteary containment needs for all hazardoijs materials focated on site, Inspection Report WSB will prepare an inspection report detailing the inspection results and the compliance deficiencies will be e,'locumented with photographs to indicate deficiencies, All reports will be provided to owners within 24 hours of inspection completion, Monthly Review tit alb will submit a monthly inspection sumn'rary report to the City This docurT,,ent will detail number of inspections r ompieted, enforcement actions. illicit discharges, sites with maintenance concerns, etc, The report will aide in the project management of sites and the City's MS4 Permit documentation requirements, Key Deliverables Certified inspection reports in PDF format, Additional Services In addition to active construction sites throughOLA the City, VVS8 will orovide inspection services of pond, outfall, and strLlCtUral stormwater 6NIPs to uphold compliance with the City's MS4 permit obligations, SCHEDULE The proposed inspection services can be initiated as soon as direction is provided by the Farmington to begin the work, �khIBIT B PROPOSED FEE WSB will complete the above tasks at a standard hourpt rate of $102, If you agree wrth the above proposal, please sign below, and return one copy to me via hard copy or email, Thank you for the opportunity to be considered for this service offering. If you have any questions or concerns, please contact me by phone at 6 12,749 2799 or ernail at kbonneli@wsbeng,corn, Sincerely, WSS K5;tLYPEPTA� Kory Bonneil, Ph,,D Environmental Compliance Groi,#p Nlamarpr Page 17 of 18 Page 156 of 184 Mr Jcnn Powel! May 9, 2023 Page 3 Al,"ce'rited By City of Farnnington $102 'The City of Farmington hereby accepts the VVS6 proposal for an hol,,Ar!y CoSt Of 5444-64-6-1 ncer nour pius mileage for the Environmental Comphance inspection services ouUmed above Signature ,I\J a rn e Page 18 of 18 Page 157 of 184 FARMINGTON ril - 280, REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement for the 2022 Street and Utility Improvements Amendment No. 2 Meeting: Regular Council - Jun 05 2023 The 2022 Street and Utility Improvement project includes the reconstruction of portions of Spruce Street and Division Street, and several City parking lots. The consultant assigned to this project Bolton & Menk, Inc. (BMI) incurred construction administration costs from August to November of 2022 in excess of the level of effort assumed in their approved proposal. In addition, to complete the project, the City has asked BMI to provide construction surveying services, and to respond to Schmitz -Maki Arena lift station design questions. Amendment No. 2 adjusts the BMI scope and budget to account for these changes. At the December 6, 2021, meeting, the City Council considered a proposal from BMI for the 2022 Street & Utility Improvement project; and approved a contract in the amount of $313,482. The proposal included the following tasks: 1.Feasibility Study and Report 2.Geotechnical Information 3.Surveys and Mapping 4.Private Utility and Railroad Coordination 5.Construction plans and Specifications 6.13idding Administration 7.Construction Management 8.Public Involvement and Outreach Plan 9.Project Management Construction activity was suspended for the winter in November of last year; the final completion date for the project is June 30, 2023. At the October 17, 2022, City Council meeting, an amendment to the B&M budget was approved which adjusted the total fee from $313,482 to $418,019; an increase of $104,537. Amendment 1 focused on increased design fees, primarily related to project scope changes including the addition of parking lots, alley regarding, and lift station replacement at Schmitz - Maki Arena. Amendment No. 2 addresses 2022 construction -related services, as well as construction survey and lift station construction support as summarized below: Page 158 of 184 2022 Construction Additional Services (all services provide in 2022 but not included in Amendment 1) Additional Construction Surveying: $11,853.50 Additional Construction Administration & Observation: $11,679 Additional Construction Communication: $1,874 2023 Supplemental Construction Support Construction Staking: $15,061 Construction Design Assistance: $2,335.50 Construction As-builts: $8,320 The total proposed amount for Amendment 2 is $51,123. Major reasons for the engineering budget adjustments include significant changes to the project scope after the proposal was received, and far too few construction observation hours being budgeted for a construction project of this size. The attached professional Services Agreement (PSA) uses the format provided by the City Attorney. Budget summary Original budget amount: $313,482 Amendment No. 1: $104,537 Amendment No. 2: $51,123 Total budget amount with changes: $469,142 Design and construction engineering costs were included in the project budget and will be funded by General Obligation Bonds with sanitary sewer, water, and storm sewer costs prorated to the appropriate utility enterprise funds. Authorize a Professional Services Agreement for the 2022 Street and Utility Improvements Amendment No. 2. 060523 Professional Services A reement BMI2022 Street and Utilit Im Page 2 of 16 Page 159 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is made this 5th day of June, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Bolton & Menk, Inc. a Minnesota Corporation, whose business address is 12224 Nicollet Avenue Burnsville MN 55337 (hereinafter "Engineer"). The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit "A" attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit "A". The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit "A". The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit "A" — Scope of Services, Exhibit "B" — Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A", (iii) Exhibit `B". 2. REPRESENTATIVES. City has designated John Powell Public Works Director/City Engineer (the "City Representative"), and the Engineer has designated Kyle Johnson, Principal Engineer (the "Engineer Representative"). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit "A" on an hourly basis in accordance with the attached fee schedule, Exhibit "B", but not to exceed $51,123 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the 224345v1 Page 3 of 16 Page 160 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by December 31 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer's books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer's breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer's services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any 224345v1 Page 4 of 16 Page 161 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. C. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. 224345v1 Page 5 of 16 Page 162 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 d. Engineer shall maintain "stop gap" coverage if Engineer obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Farmington" as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Engineer's responsibility to pay any retention or deductible for the coverages required herein. 1. The Engineer's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. M. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer's Work. Upon request a copy of the Engineer's insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and 224345v1 Page 6 of 16 Page 163 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City's right to enforce the terms of Engineer's obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer's Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed 224345v1 Page 7 of 16 Page 164 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 services provided by subcontractor within ten (10) days of Engineer's receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 1.3. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer 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 the Engineer pursuant to this Agreement. Engineer 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 Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer's officers', agents', 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. 224345v1 Page 8 of 16 Page 165 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days' written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 224345v1 Page 9 of 16 Page 166 of 184 DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: June 5, 2023 Dated: May 30 , 20-2.3- CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator ENGINEER: BOLTON & MENK, INC. DOCUSigned by: By: � �-61830767CDF10478 wo • Its Principal Transportation Engineer [title] [print name] 224345v] Page 10 of 16 Page 167 of 184 DoouSignEnvelope ID: EFFBBAE2-En4C-484B,48Fr-OCBFnB2013F9 EXHIBIT "A" ,SCOPE OF SERVICES zz4s45r| DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 Real People. Real Solutions. May 26, 2023 Mr. John Powell, PE Director of Public Works/ City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Re: 2022 Street & Utility Improvements Additional Services (Amendment #2) Dear Mr. Powell: 12224 NicoLLet Avenue Burnsville, MN 55337-1649 Ph: (952) 890-0509 Fax: (952) 890-8065 Bolton-Menk.com This letter is a follow up to our email correspondence discussing 2023 supplemental support for the 2022 Street & Utility Improvements Project. This letter also outlines additional services on Bolton & Menk's part during the 2022 construction season. 2023 Supplemental Construction Support $25,717 The following is a summary of the 2023 supplemental construction support services requested by the City: Construction Staking - $15,061 Due to construction continuing past the substantial completion date into 2023, supplemental construction staking services will be required to complete the project. Survey crews will complete field staking per project specifications on the following remaining features (1 site trip per feature is assumed): • Storm Sewer in Stage 5 (Alley Improvements) • Storm Sewer on Stage 1B (Spruce St between Division Street and the west Hockey Arena Entrance) • Watermain on Stage 1B • Sanitary Sewer Forcemain onstage 1B • Stakes for top back of Curb on Stage 1B excluding the area of the completed parking lot • Centerline Stakes for Stage 5 Construction Design Assistance - $2,335,50 At the request of city staff, construction alternatives proposed by the contractor were reviewed for the lift station and a recommendation was provided by Bolton & Menk. In addition, this includes researching and responding to background information on the FAA project, and 2023 pre -con and staff coordination ahead of the 2023 construction services contract. Construction Asb ilts - $8,320 Upon completion of the wearing course paving, Bolton & Menk will perform an asbuilt survey of the 2022 street & Utility Improvements collecting the following items: • As constructed storm sewer inverts and rim elevations • Storm water pond EOFs N:\Proposals\Farmington\2022 Spruce & Division Streets Reconstruction 1.12921.\Amendment 2\2022 Street & Utility - Amendment 2.docx Bolton & Menk is an equal opportunity ern DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 Name: 2022 Street & Utility Improvements Additional Services Date: May 26, 2023 Page: 2 • As constructed sanitary sewer inverts and rim elevations Top nut of hydrant elevations. This will be collected via total station, no level loop for benchmark level accuracy is proposed • Watermain gate valve locations In addition to the collected survey information, Bolton & Menk will incorporate all redlined field plans and GPS information collected during construction. The collected information will be provided in a PDF asbuilt plan set with the proposed elevation struck through and the asbuilt elevation in italics, AutoCAD Civil3D files with the model updated and GIS data is via file geodatabase. 2022 Construction Additional Services Construction services in 2022 for the 2022 Street & Utility Improvements project were estimated based on typical project durations, contractor working hours, and the assumption that all work would be substantially completed in 2022. Due to unforeseen circumstances that were beyond our control, Bolton & Menk provided additional services in 2022 to ensure that the project was delivered to the city's standards. The following is a summary of the 2022 additional services. Daily supporting documentation is included as an attachment to this amendment request. Additional Construction Surveying (2022) - $11, 5 .50 Additional construction staking was required in 2022 to complete the Street & Utility Improvements. As approved in Amendment 1, additional scope was added to the project and it resulted in additional construction staking being performed. In addition to the added scope, the contractor split Stage 113 into two stages in an effort to complete as much work as possible prior to the 2022 substantial completion date. This resulted in additional trips to stake the sanitary forcemain, watermain, storm sewer, and curb. Additional Construction Administration & Observation (2022) - $11,679 Construction observation was assumed in the original proposal to be 24 hours per week for 15 weeks and construction administration was assumed to be 6 hours per week for 15 weeks. The 2022 construction season lasted 17 weeks. Bolton & Menk made every attempt to meet the assumed 24 hours per week, but due to the contractor pushing hard to meet the substantial completion deadline and having up to four pipe installation crews and one street construction crew all working onsite at the same time, we were required to have additional time onsite to ensure plans and specifications were met by the contractor and coordinate with residents of up to five stages being constructed simultaneously. Additional Construction Communication (20 2) - $1, 74 Due to the project being extended beyond the substantial completion deadline and into 2023, additional effort was needed in 2022 to communicate to residents and property owners that the project will continue into 2023. This included additional project mailing, website updates, construction notices, and communications with individual residents. Total Proposed Amendment $51,123 Thank you for the opportunity for Bolton & Menk to support the City of Farmington with 2023 supplemental construction support and for your consideration of our additional 2022 services. We look forward to working with you and the city's staff on these projects. If you have any questions regarding our request, please do not hesitate to contact me. N:\Proposals\Farmington\2022 Spruce & Division Streets Reconstruction 1.12921.\Amendment 2\2022 Street & Utility - Amendment 2.docx Bolton & Menk is an equat opportunity ern DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 Name: 2022 Street & Utility Improvements Additional Services Date: May 26, 2023 Page: 3 Sincerely, Bolton & Menk, Inc. Kyle Johnson, P.E. Principal Engineer Attachments: Amendment 2 — Fee Summary Amendment 2 — Overrun Summary City of Farmington N:\Proposals\Farmmgton\2022 Spruce& Division Streets Reconstruction 112921 \Amendment 2\2022 Street& Utility -Amendment 2.docx Bolton & Menk is an equal opportunity ern DocuSign Envelope ID: EFFBBAE2-E54C-494B-A9F7-OCBF5B2613F9 EXHIBIT "B" SCHEDULE OF PAYMENT AND FEE SCHEDULE 224345v1 Page 15 of 16 Page 172 of 184 Page 173 of 184 FARMINGTON + Ai.{tld kldtl4�' ����' �d'.Ali''Y&5fi�'ft�W��'�':'�X�� ^.=•r ..nJ3rkle��Pa � -280 800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Request to Allow a Pole Building at 19215 Flagstaff Avenue Meeting: Regular Council - Jun 05 2023 Matt Ocel, property owner of 19215 Flagstaff Avenue, is requesting the City Council to allow a pole building to be constructed on his property within the R-2 Low/Medium Density zoning district. DISCUSSION: City Code Per City Code Section 4-5-4, pole buildings are only allowed in the A-1 Agriculture zoning district or in any other district upon approval by the City Council. The Council shall exercise its discretion in determining whether or not a building of such type will be compatible with the surrounding area. Property/Surrounding Area The subject property is 10.05 acres and contains a house and a detached garage. The property is surrounded by agricultural uses to the west, south, and east. There is a 9.79-acre single-family property abutting to the north. The general vicinity is predominantly agricultural uses. There are several other properties along Flagstaff Avenue that have pole buildings and are in residential zoning districts. Zoning The subject property is zoned R-2 Low/Medium Density Residential and is guided for Low/Medium Density Residential in the 2040 Comprehensive Plan. The property used to be zoned for Agriculture prior to the adoption of the 2040 Comprehensive Plan. Pole Building The proposed pole building would be 26' x 42' (see attached plans) and is to be used for storage. The size and placement of the pole building will be reviewed administratively for consistency with accessory building code requirements during the building permit process. The Council is only being asked to allow a building of this type and determine it will be compatible with the surrounding area. Allow a pole building to be constructed at 19215 Flagstaff Avenue. Page 174 of 184 ODell Pole Building Council Letter 5-10-2023 Plans Location Map Boning n Page 2 of 7 Page 175 of 184 5/10/2023 To the Mayor and Council members. I am writing to you in hopes of you granting me permission to erect a 26 x 42 pole shed on my property at 19215 Flagstaff ave. I have currently been at my place for going on 23 years. The purpose of the building would be for storage. My property as you know is pretty much surrounded by farmland. Most if not all my "non" farmer neighbors have pole sheds so It would pretty much blend in with the surrounding properties. Page 3 of 7 Page 176 of 184 N� f © Q O 164 12 41 4F— OM N Ile, on td In 4:12 ry It ROOF TPI-155M 0 ox, F UJ x 1!2 00 Im Page 6 of 7 Page 179 of 184 a' m N Ln N C1 7 O N r .S.} C, `s i A A Page 180 of 184 FARMINGTON p+ Ai.{tld kldtl4�' �' �d'.Ali''Y&5fi'ft�W��'':'�X� ^.=•r ..nJ3rkle��Pa � -280 800 RarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Waiver of Plat Requests - Donald Peterson Limited Partnership Meeting: Regular Council - Jun 05 2023 Mr. Bruce Boeder, on behalf of the Donald L. Peterson Limited Partnership, is requesting waiver of plats on three parcels owned by the Partnership. The three parcels are generally located South of the Vita Attiva at South Creek housing development (please see attached Exhibit A which highlights the three existing parcels to be split). The three existing parcels are: Parcel 1 - PID# 148290000010, Outlot A Vita Attiva at South Creek First Addition (27.64 acres in total) - highlighted yellow (does not require Council approval), of which 26.66 acres is to be purchased by Dakota County. Parcel 2 - PID# 148290000070 Outlot G Vita Attiva at South Creek First Addition (8.38 acres in total) - highlighted orange (does not require Council approval), of which 4.31 acres is to be purchased by Dakota County County. Parcel 3 - PID# 140360050010 (80.19 acres in total - metes and bounds property) - highlighted red (requires Council approval), of which 13.66 acres is to be purchased by Dakota County. Dakota County is in process of acquiring portions of the above referenced parcels for the South Creek Greenway corridor, necessitating the splits as proposed for conveyance purposes. Parcels 1 and 2 meet all the requirements for an administrative approval of the lot splits (waivers of plat) and do not require Council action. Parcel 3, however, does require review by the City Council, as outlined in Section 11-1-5 of City Code. as it is not part of a recorded plat (metes and bounds parcel) and is located within the city's urban service area. Not applicable Staff requests that the City Council approve the requested waiver of plat, specifically for Parcel 3 (highlighted in red) on the attached survey labeled Exhibit A and legally described in Exhibit B for the conveyance of said land to Dakota County. ATTACHMENTS: Page 181 of 184 Page 2 of 4 Page 182 of 184 _ all " a. b' p c 4 t; s R a. 11 0 t�m �Nil!m n m � all Ci. n< eV q ss W His s E 111 � U y � � 3.u*•n. y �+.�w �Z j i g. a �a It m ..... �.. Cc cc ii w+ �e2. tju" No a OWN C LL 71� MIN of Ji N all C vimYY F QYfY.. - t aM.. r. n Is t,t Y kr F a GJ. pO� G* t�sN n by $y #�o 75 14-82900-00-010 - Outlot A (26.66 acres) Outlot A, Vita Attiva at South Creek First Addition, according to the recorded plat thereof, Dakota County, Minnesota EXCEPTING therefrom the east 70.00 feet of said Outlot A. 14-82900-00-070 - Outlot G (4.31 acres) That part of Outlot G, Vita Attiva at South Creek First Addition, according to the recorded plat thereof, Dakota County, Minnesota, lying southerly of the following described line: Commencing at the southwest corner of said Outlot G; thence on an assumed bearing of North 00 degrees 35 minutes 56 seconds East along the west line of said Outlot G a distance of 610.71 feet to the point of beginning of the line to be described; thence North 63 degrees 14 minutes 27 seconds East a distance of 310.73 feet to the east line of said Outlot G and said line there terminating. 14-036000-50-010 - South Half of the Southwest Quarter (13.66 acres) (Revised for Irrigation Well) That part of the South Half of the Southwest Quarter of Section 36, Township 114 North, Range 20 West, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of said south Half of the Southwest Quarter; thence on an assumed bearing of North 00 degrees 38 minutes 44 seconds East along the west line of said South Half of the Southwest Quarter adistance of 1030.26 feet to the point of beginning of the property to be described; thence continue North 00 degrees 38 minutes 44 seconds East along said west line a distance of 291.24 feet to the northwest corner of said South Half of the Southwest Quarter; thence North 89 degrees 52 minutes 06 seconds East along the north line of said South Half of the Southwest Quarter a distance of 2295.63 feet; thence South 00 degree 35 minutes 56 seconds West a distance of 75.01 feet; thence South 89 degree 52 minutes 06 seconds West a distance of 1597.81 feet; thence South 72 degrees 43 minutes 22 seconds West a distance of 733.40 feet to the point of beginning, excepting therefrom the west 60.00 feet of said South Half of the Southwest Quarter, Together with that part of the South Half of the Southwest Quarter of Section 36, Township 114 North, Range 20 West, Dakota County, Minnesota, described as follows: Beginning at the southeast corner of said south Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 53 minutes 58 seconds West along the south line of said South Half of the Southwest Quarter a distance of 165.61 feet; thence North 30 degrees 27 minutes 42 seconds East a distance of 216.51 feet; thence North 08 degrees 12 minutes 46 seconds East a distance of 140.33 feet; thence North 02 degree 15 minutes 38 seconds West a distance of 106.67 feet; thence North 24 degree 46 minutes 30 seconds West a distance of 147.81 feet; thence North 01 degrees 25 minutes 47 seconds West a distance of 175.55 feet; thence North 35 degrees 32 minutes 22 seconds East a distance of 146.71 feet; thence North 00 degree 36 minutes 18 seconds East a distance of 386.89 feet; thence South 89 degree 52 minutes 06 seconds West a distance of 245.99 feet; thence North 00 degrees 35 minutes 56 seconds East a distance of 75.01 feet to the north line of said South Half of the Southwest Quarter; thence North 89 degrees 52 minutes 06 seconds East along said north line a distance of 276.00 feet to the northeast corner of said South Half of the Southwest Quarter; thence South 00 degrees 35 minutes 56 seconds West along the east line of said South Half of the Southwest Quarter a distance of 1322.92 feet to the point of beginning, excepting therefrom the south 75.00 feet of said South Half of the Southwest Quarter, Together with the west 60.00 feet of the South Half of the Southwest Quarter of Section 36, Township 114 North, Range 20 West, Dakota County, Minnesota and the south 75.00 feet of said South Half of the Southwest Quarter excepting therefrom the north 35.00 feet of the south 75.00 feet of the east 20.00 feet of the west 1335.00 feet of said South Half of the Southwest Quarter. Total fee purchase = 44.63 acres Page 4 of 4 Page 184 of 184