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HomeMy WebLinkAbout07.17.23 Council Packet Meeting Location: Farmington City Hall Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, July 17, 2023 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 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. Gambling Event Permit for Church of St. Michael to Conduct a Raffle on September 24, 2023 Agenda Item: Gambling Event Permit for Church of St. Michael to Conduct a Raffle on September 24, 2023 - Pdf 4 - 8 7.2. Regular City Council Minutes for June 20, 2023 Agenda Item: Regular City Council Minutes for June 20, 2023 - Pdf 9 - 16 7.3. Second Quarter 2023 New Construction Report and Population Estimate Agenda Item: Second Quarter 2023 New Construction Report and Population Estimate - Pdf 17 - 22 7.4. Approve Bills Agenda Item: Approve Bills - Pdf 23 - 24 Approve Bills (Confidential) 7.5. Changing of Job Titles Agenda Item: Changing of Job Titles - Pdf 25 Page 1 of 77 7.6. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 26 7.7. Agreement to Construct Concrete Playground Border and Bench Pad for Flagstaff Meadows Park Agenda Item: Approve Agreement to Construct Concrete Playground Border and Bench Pad for Flagstaff Meadows Park - Pdf 27 - 36 7.8. Resignation - Parks and Recreation Commission Agenda Item: Resignation - Parks and Recreation Commission - Pdf 37 - 38 7.9. Resolution Accepting Donation from Lunds & Byerlys for the Dew Run Agenda Item: Adopt Resolution Accepting Donation from Lunds & Byerlys for the Dew Run - Pdf 39 - 40 7.10. Resolution Declaring Surplus Property Agenda Item: Resolution Declaring Surplus Property - Pdf 41 - 42 7.11. Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center Agenda Item: Adopt Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center - Pdf 43 - 44 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Professional Services Agreement with Bolton & Menk and Joint Powers Agreement with Dakota County for Pilot Knob Trail Preliminary Design The City Council is being asked to approve the following: • The attached Professional Services Agreement with Bolton & Menk for preliminary design for Pilot Knob Road trail. • The attached Joint Powers Agreement with Dakota County for preliminary design for Pilot Knob Road trail along with the cost share. Agenda Item: Approve Professional Services Agreement with Bolton & Menk and Joint Powers Agreement with Dakota County for Pilot Knob Trail Preliminary - Pdf 45 - 77 13. CITY COUNCIL ROUNDTABLE Page 2 of 77 14. ADJOURN Page 3 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Gambling Event Permit for Church of St. Michael to Conduct a Raffle on September 24, 2023 Meeting: Regular Council - Jul 17 2023 INTRODUCTION: The Church of St. Michael has applied for a Gambling Event Permit for a raffle on September 24, 2023. DISCUSSION: Per State Statute 349.166 and Farmington City Code, a Gambling Event Permit must be issued by the City for this request. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution No. R51-23 Concurring with the Issuance of a Gambling Event Permit to the Church of St. Michael, to Conduct a Raffle on September 24, 2023. ATTACHMENTS: R51-23 Gambling Exempt Permit for Church of St. Michael 09.24 .23 Church of St. Michael Tax Exempt Status, 2020 Exempt_Excluded _ Minnesota Gambling Control Board Page 4 of 77 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R51-23 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A GAMBLING EVENT PERMIT TO THE CHURCH OF ST. MICHAEL, TO CONDUCT A RAFFLE ON SEPTEMBER 24, 2023 WHEREAS, the Church of St. Michael has submitted an application for a Gambling Event Permit to conduct gambling in the form of a raffle on September 24, 2023; and WHEREAS, the Church of St. Michael of Farmington, Minnesota, a Minnesota religious parish corporation, is a tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code; and WHEREAS, the total value of all prizes awarded to this one raffle will not exceed $5,000; and WHEREAS, the Church of St. Michael is only planning one raffle for the 2023 calendar year; and WHEREAS, the Minnesota Gambling Control Board states that a non-profit organization holding IRS 501(c)(3) tax exempt status may conduct raffles without a permit from the Gambling Control Board when, for the calendar year: • The total value of all prizes awarded for multiple raffles does not exceed $1,500 for the calendar year; OR • The total value of all prizes awarded for one raffle does not exceed $5,000. The number of raffle events is one per calendar year under this provision. ; and WHEREAS, the City of Farmington has no objection to said activity. NOW, THEREFORE, BE IT RESOLVED, that Farmington Mayor and City Council hereby concur with the issuance of a Gambling Event Permit to the Church of St. Michael on September 24, 2023 at the Church of St. Michael, 22120 Denmark Avenue, Farmington, Minnesota. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of July 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 5 of 77 H E OF F I C E OF TH E CH A N C E L L O R FO R CI V I L AF F A I R S ,, _ ., . . , (H ? .. . . .. ~ SA I N T PA U L V & MI N N E A P O L I S Se p t e m b e r 29 , 20 2 0 Re v e r e n d Ni c h o l a s Fr o e h l e Ch u r c h of Sa i n t Mi c h a e l 22 12 0 De m n a r k Av e n u e Fa r m i n g t o n , MN 55 0 2 4 ‘ Re : Th e Ch u r c h of St . Mi c h a e l 0f F a r m i n g 1 o n , Mi h n e s o t a EI N 41 - 0 7 77 9 0 7 De a r Re v e r e n d Fr o e h l e , Th e Ch u r c h of St . Mi c h a e l of Fa r m i n g t o n , Mi n n e s o t a , 21 Mi n n e s o t a re l i g i o u s pa r i s h co r p o r a t i o n , is a ta x ex e m p t or g a n i z a t i o n un d e r th e pr o v i s i o n s of Se c t i o n 50 1 ( c ) ( 3 ) of th e In t e r n a l Re v e n u e Co d e by re a s o n of a Gr o u p Ru l i n g is s u e d to th e Un i t e d St a t e s Co n f e r e n c e of Ca t h o l i c Bi s h o p s by th e In t e r n a l Re v e n u e Se r v i c e on Au g u s t 21 , 20 1 9 , wh i c h is th e la t e s t an n u a l up d a t e in a se r i e s th a t be g a n wi t h th e or i g i n a l de t e r m i n a t i o n of Ma r c h 25 , 19 4 6 . A co p y of th e 20 1 9 Gr o u p Ru l i n g is en c l o s e d . Th e Gr o u p Ex e m p t i o n Nu m b e r is 09 2 8 . 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Ku e p p e r s EN C L O S U R E S 77 7 Fo r e s t s l r e e t | Sa i n t P a u | , MN 55 1 0 6 - 3 8 5 7 I T: 6 5 1 . 2 9 1 . 4 4 0 5 | F: 65 1 . 2 9 0 . 1 6 2 9 | ku e p p e r s j @ a r c h s p m . o r g Page 6 of 77 Page 7 of 77 Page 8 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Regular City Council Minutes for June 20, 2023 Meeting: Regular Council - Jul 17 2023 INTRODUCTION: The minutes of the Regular City Council meeting dated June 20, 2023 are attached for review. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the June 20, 2023 Regular City Council meeting. ATTACHMENTS: 06.20.23 Council Minutes Page 9 of 77 City of Farmington Regular Council Meeting Minutes Monday, June 20, 2023 The Farmington City Council met in regular session on Monday, June 20, 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 4:30 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, Katie Porter, and Steve Wilson Members Absent: None Also Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community Development Director Chris Regis, Finance Director Justin Elvestad, Fire Chief Kellee Omlid, Parks & Recreation Director Jared Johnson, Planning Coordinator Tony Wippler, Planning Manager Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk William Lauer, CPA, Malloy, Montague Karnowski, Radosevich & Co., P.A. (MMKR) 4. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Porter to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays. 5. ANNOUNCEMENTS / COMMENDATIONS 5.1 Parks and Recreation Month Proclamation July 2023 was proclaimed as Parks and Recreation Month. Page 10 of 77 Regular City Council Minutes June 20, 2023 Page 2 of 7 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS No one appeared before Council to speak. 7. CONSENT AGENDA 7.1 City Council Work Session Minutes for June 5, 2023 7.2 Regular City Council Minutes for June 5, 2023 7.3 Temporary On Sale Liquor License, Farmington Municipal Liquors, September 14, 2023 7.4 Resolution No. R46-23 Allowing for a Third Extension for the Recording of the Final Plat Vita Attiva at South Creek Third Addition, and granting a third time extension to September 1, 2023, for recording with the Dakota County Recorder 7.5 Resolution No. R47-23, Approving the Assignment of Development Contract from Ten Nineteen Development, LLC to Ten Nineteen – Farmington, LLC 7.6 Approve Bills 7.7 Fire Service Agreement with Dakota County Agricultural Society for $6,600 for Fire Services during the 2023 Fair 7.8 Reclassification of the Building Official position 7.9 Staff Changes and Recommendations: Appointments of Joseph Furst, Marcos Hernandez, Carter Hobbs, and Kaden Mucha as Paid-on-Call Firefighters, Kate Johnson as a Skate School Instructor, and Michele Tyburg as a Temporary Front Desk Employee, and approved the promotion of Jason Graham to the position of Fire Lieutenant 7.10.Cradlepoint upgrade from Step CG LLC, in the amount of $63,305.65 using American Rescue Plan Act (ARPA) Funds 7.11 LOGIS Fiber Management Service Agreement in the amount of $13,935 for 2023 7.12 Resolution No. R43-23, Accepting Donations of $500 from the Farmington VFW and $722 from the Veteran’s Steak Fray Committee to the Rambling River Center 7.13 Purchase of Flagstaff Meadows Park shade structure and installation from Flagship Recreation / Landscape Structures, in the amount of $33,369.27 7.14 Purchase of a VACTOR 2100i from MacQueen Equipment, in the amount of $583,246.76 Motion was made by Councilmember Lien and seconded by Councilmember Wilson to approve the Consent Agenda, as presented. Motion carried: 5 ayes / 0 nays. 8. PUBLIC HEARINGS There were no public hearings. 9. AWARD OF CONTRACT None. Page 11 of 77 Regular City Council Minutes June 20, 2023 Page 3 of 7 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1 Amendment to a Planned Unit Development – Trinity Care Center, 905 Elm Street Planning Manager Wippler presented. Farmington Health Services dba Trinity Care Center is requesting a third amendment to the Planned Unit Development site plan for the property located at 905 Elm Street. There have been two previous amendments approved to the PUD site plan, one in 2016 and the second in 2019. The original PUD site plan was approved by City Council on November 19, 2012, and contained the following proposed site changes: • Construction of an additional (10) bed group home for memory care residents. • The demolition of the remaining hospital building and construction of a utilities addition to the existing skilled nursing center. • The construction of two (2) senior living apartment buildings on the west side of the property. The 2016 PUD site plan amendment made several modifications to the original plan, including: • Removing the two (2) senior living apartment buildings from the plan. • Adds a twenty-nine (29) unit nursing home addition near the north end of the site. • Provides for a reduced front yard setback for the nursing home addition. The setback is reduced from twenty-five (25) feet to eighteen and one- half (18 1/2') feet. • Adds 5,997 square foot addition onto the north side of the existing nursing home for office, storage and delivery space. • Shows a north/south access road that connects from 213th Street W south to the entry drive off of Elm Street. This also shows cross access to the Pellicci Hardware site both at the north and south end of the Pellicci site. The second amendment to the PUD site plan approved in 2019 included the following revisions: • The removal of the north/south access road, as it was determined that this access is not needed for fire protection services. • Cross access to the Pellicci Hardware site (3560 213th Street West) was maintained with the second amendment as a proposed access drive was shown that extends from the southern boundary of the Pellicci Hardware Page 12 of 77 Regular City Council Minutes June 20, 2023 Page 4 of 7 site southeast to the Trinity entry drive. Additionally, cross access was provided on the north end of the Trinity site off of 213th Street West to the parking lot on the north end of the Pellicci Hardware site. Necessary easements were required to be provided for cross access at the two locations to ensure those areas are available for construction of those accesses by the adjacent property owner. The third amendment, which is currently being proposed, consists of the following improvements: • The removal/demolition of approximately 7,700 square feet of the existing nursing home portion of the facility. • The construction of a 21,127 square foot addition onto the east side of the nursing home facility. This addition will largely consist of additional storage and a additional twenty (20) nursing home units. This addition will also connect into the existing apartment building located in the northeast portion of the site as well as the group home memory care unit on the southeast portion of the site. Current building coverage is approximately 20.3%. With the proposed sitework the building coverage will increase to approximately 22.7%. The City's multi-family zone (R-4) allows for a maximum building coverage of 30 percent. Setbacks are not an issue with the proposed expansion. The addition is situated towards the center of the parcel. The required setbacks are as follows: Front yard: 25 feet, Side and Rear yard: 10 feet. The proposed addition well exceeds these requirements. A total of 183 off-street parking stalls are provided on site. This well exceeds the requirements under city code for a senior care facility. Planning Commission Review The Planning Commission held a public hearing regarding this application at its June 13, 2023, regular meeting. The Commission voted 4-0 to recommend approval of the proposed PUD amendment and to forward that recommendation on to the City Council. Motion was made by Councilmember Porter and seconded by Councilmember Wilson to adopt Resolution No. R44-23 Approving a Third Amendment to the St. Francis Health Services of Morris, Inc. Planned Unit Development Plan. Motion carried: 5 ayes / 0 nays. Page 13 of 77 Regular City Council Minutes June 20, 2023 Page 5 of 7 10.2 Amendment to a Planned Unit Development – Vita Attiva at South Creek, 5140 216th Street West Planning Coordinator Johnson presented. Applicant Paul Whiteman has applied for an amendment to the Planned Unit Development (PUD) Agreement for Vita Attiva at South Creek to allow for a monument sign to be located near the Vita Attiva amenities building at 5140 216th Street West. Background The City first entered into a PUD Agreement for the Vita Attiva at South Creek development in August of 2021. The PUD Agreement outlined approved deviations from zoning requirements in City Code such as reduced setbacks and lot sizes. The PUD Agreement was then amended in July of 2022 to add a deviation to increase the allowed building coverage. PUD Amendment A second amendment to the PUD Agreement is being requested to add an additional deviation to allow for a monument sign that exceeds size requirements in City Code. Per City Code Section 10 -6-3(B)2b, Single-Family Subdivisions and Multi-Family Complexes are allowed one monument sign per street frontage and cannot exceed 50 square feet in area and 5 feet in height. The applicant initially requested approval of a monument sign that was 165 square feet in area and 5.5 feet in height but, after consideration from the Planning Commission, the request has changed to a monument sign that is 135 square feet in area and 4.5 feet in height. PUD's allow for flexibility in zoning standards, including sign requirements. The proposed amendment to the PUD Agreement would allow the proposed sign to deviate from the above-mentioned sign area requirement. Planning Commission The Planning Commission held a public hearing for the proposed amendment to the PUD Agreement at their June 13th meeting. As mentioned earlier, the initial request was for the monument sign to be 165 square feet in area and 5.5 feet tall. During the public hearing, the Planning Commission and several residents of Vita Attiva expressed their concern with the size of the sign as it would be over three times the square footage allowed per code. At the request of the Planning Commission, the applicant agreed to reduce the height of the sign by one foot. The proposed monument sign would now be 135 square feet in area and 4.5 feet tall. The PUD amendment would only apply to the sign area. The height of the sign would meet the code requirement. Page 14 of 77 Regular City Council Minutes June 20, 2023 Page 6 of 7 The Planning Commission voted to recommend approval of the amendment to the PUD Agreement with the condition that the height of the sign is reduced by one foot. Monument Sign The proposed monument sign is to be located at grade in between the amenities building and the stormwater pond. The sign would span 30 feet and be centered with the amenities building in the background. The sign spells "Vita Attiva" using letters that will be up-lit from the ground. The letters would be attached to a stone base consisting of light brown tones. The sign would be anchored into the ground. Motion was made by Councilmember Wilson and seconded by Councilmember Lien to adopt Resolution No. R45-23 Approving a Second Amendment to the Vita Attiva at South Creek Planned Unit Development Agreement as it Pertains to a Monument Sign, to allow for a 135 square foot monument sign to be located at 5140 216th Street West. Motion carried: 5 ayes / 0 nays. 11. UNFINISHED BUSINESS None. 12. NEW BUSINESS 12.1 2022 Annual Financial Report and Management Report The 2022 Annual Financial Report and Management Report was presented by Director Chris Regis and William Lauer, CPA - Malloy, Montague, Karnowski Radosevich & Co. (MMKR). Motion was made by Councilmember Bernatz and seconded by Councilmember Porter to accept the auditor ’s reports. Motion carried: 5 ayes / 0 nays. 13. CITY COUNCIL ROUNDTABLE Council mentioned Dew Days, thanked the organizers, and reminded everyone to watch for kids and pedestrians. Suggestion for a Turkey Trot marathon this fall. Volunteers are still needed for Dew Days activities – please consider helping, even if you only have an hour to volunteer. We appreciate your help. Staff discussed: • Board and Commission openings with the Minnesota Secretary of State’s Office – visit them online for more information. Page 15 of 77 Regular City Council Minutes June 20, 2023 Page 7 of 7 • The Council meeting and work session scheduled for July 3rd have been cancelled. The next meetings are scheduled for Monday, July 17th. • Hiring of additional Staff members to the Farmington Fire Department. This is a big accomplishment. They will start July 10th. • Encourage the public to participate in the community vision during Dew Days. Stop by the City’s booth. • Construction and roadwork updates. • Cardboard recycling bins removed; some items showed up in organics – the Police Department is following up. • Tree trimming has been done along the parade route. • Open Door event June 27, July 18, August 15, and September 19. • Music in the Park event June 28. • Departmental budget meetings have started. • Fire Department 150th Celebration is a month away. Raffle tickets are available. Water ball on Friday at 4:30 p.m. • Be cognizant of extra foot traffic during Dew Days. Mayor Hoyt said the Dew Days Committee put together a phenomenal event last year, and this year’s event is going to be even bigger with something for everyone. We are still in need of volunteers in several areas and appreciate any amount of time you can give. A belated Father’s Day, and Happy Independence Day to everyone. 14. ADJOURNMENT Motion was made by Councilmember Porter and seconded by Councilmember Wilson to adjourn the meeting at 5:38 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 16 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Ken Lewis, Building Official Department: Community Development Subject: Second Quarter 2023 New Construction Report and Population Estimate Meeting: Regular Council - Jul 17 2023 INTRODUCTION: The following report summarizes the new construction permits issued during the second quarter of 2023 and the population estimate. DISCUSSION: Second Quarter Building Permit Information: During the second quarter of the 2023 building construction season (April 1st through June 30th), the City issued 22 new single-family and 4 multifamily units. The average building valuation of the single-family homes during the second quarter of 2023 was $226,694 down from $231,160 during the first quarter of 2023. The multifamily units valuation came to $781,000 (note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula). At the beginning of 2003, City Staff decided that each quarterly building permit report should al so include an updated population estimate for the city of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a “real time” reflection of actual population, given the “lag time” between the issuance of the permit and the actual occupancy of the dwelling unit (i.e., the time required to construct, market and sell the home). Accordingly, Staff started with the city population as of April 1, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.’s] issued by the City since that date. The number of C.O.’s is multiplied by 2.93, which was (according to the 2021 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 23,165 Estimated population as of December 31st, 2019 + 24 = 8 certificates of occupancy issued from period 1/1/20 to 3/31/20 X 2.95 23,189 Estimated population as of March 31, 2020 + 21 = 7 certificates of occupancy issued from period 4/1/20 to 6/30/20 X 2.95 23,210 Estimated population as of June 30, 2020 Page 17 of 77 + 47 = 16 certificates of occupancy issued from period 7/1/20 to 9/30/20 X 2.95 23,257 Estimated population as of September 30, 2020 + 30 = 10 certificates of occupancy issued from period 10/1/20 to12/31/20 X 2.95 23,287 Estimated population as of December 31, 2020 + 77 = 26 certificates of occupancy issued from period 1/1/21 to 3/31/21 X 2.95 23,364 Estimated population as of March 31, 2021 + 59 = 20 certificates of occupancies issued from period 4/1/21 to 6/30/21 X 2.95 23,423 Estimated population as of June 30, 2021 + 67 = 23 certificates of occupancies issued from period 7/1/21 to 9/30/21 X 2.95 23,490 Estimated population as of September 30, 2021 + 85 = 29 certificates of occupancies issued from period 10/1/21 to 12/31/21 X 2.95 23,575 Estimated population as of December 31, 2021 + 53 = 18 certificates of occupancies issued from period 1/1/22 to 3/31/22 X 2.93 23,628 Estimated population as of March 31, 2022 + 111 = 38 certificates of occupancies issued from period 4/1/22 to 6/30/22 X 2.93 23,739 Estimated population as of June 30, 2022 + 88 = 30 certificates of occupancies issued from period 7/1/22 to 9/30/22 X 2.93 23,827 Estimated population as of September 30, 2022 + 99 = 34 certificates of occupancies issued from period 10/1/22 to 12/31/22 X 2.93 23,926 Estimated population as of December 31, 2022 + 91 = 31 certificates of occupancies issued from period 1/1/23 to 3/31/23 X 2.93 24,017 Estimated population as of March 31, 2023 + 58 = 20 certificates of occupancies issued from period 4/1/23 to 6/30/23 X 2 .93 24,075 BUDGET IMPACT: None ACTION REQUESTED: For information only. No action is required. ATTACHMENTS: 20230710120227819 Page 18 of 77 Mo n t h l y Ba r Pe r m i t s Is s u e d fo r Ex i s t i n g Ho m e s 25 0 20 0 - 3 15 0 — -2019 E -2020 I-3 -2021 E 12022 E -2023 § 10 0 - 50 » 0 _ Ja n Fe b Ma r Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t Oc t Dec Mo n t h Pa g e 1 Pa g e 1 9 o f 7 7 80 0 Mo n t h l y In s p e c t i o n s 70 0 60 0 U1 0 O -l > - O O I2019 I2020 I2021 I2022 I2023 Mo n t h l y In s p e c t i o n s (. 0 O O 20 0 L 10 0 Ja n Fe b Ma r Ap r i l Ma y ll Ju n e Ju l y Au g u s t Se p t Oc t Mo n t h Dec Pa g e 2 0 o f 7 7 Pl a n s Re v i e w e d 70 60 Mo n t h l y Pl a n Re v i e w s Ja n Fe b Ma r Ap r i l Ma y Ju n e Ju l y Mo n t h Au g Se p t Oc t N o vDecI2019I2020I2021I2022I2023 Pa g e 2 1 o f 7 7 QU A R T E R L Y BU I L D I N G PE R M IT S Ne w To w n h o m e I M u l t i - Ne w Re n t a l To t a l Re s i d e n t i a l Ne w INewPublic/ Ye a r Qu a r t e r Ne w SF Un i t s Ne w Du p l e x Un i t s Fa m i l y Un i t s Ho u s i n g Un i t s Ne w Co m m e r c i a l Pe r m i t s Is s u e d Pe r m i t s Is s u e dinstitutional/Other 20 1 7 1s t Q1 1 17 1 0 0 18 0 0 2n d 14 O 0 0 14 0 0 3r d 9 O 2 0 11 0 0 4t h 2 O 0 0 1 1 0 To Da t e 20 1 7 To t a l 42 1 2 0 45 1 0 20 1 8 15 1 Qr t 4 0 0 O 4 0 0 2n d 12 O 2 0 14 0 0 3r d 8 0 0 O 8 1 0 4t h 10 0 0 0 10 1 0 To Da t e 20 1 8 T o l a l 34 0 2 0 36 2 0 20 1 9 1st Q1 1 1 0 5 0 6 0 0 2n d 14 0 0 0 14 1 2 3r d 8 0 0 0 8 0 0 4t h 10 0 0 0 10 0 0 To Da t e 20 1 9 To t a l 33 0 5 0 38 1 2 20 2 0 1s t Qr t 11 0 0 0 11 0— C a n c e | | e d -J u s t fo r Ki x s 0 2n d 15 O 0 0 15 D 0 3r d 30 O 0 0 30 1 0 4t h 26 0 0 0 26 D 0 To Da t e 20 2 0 T o t a | 82 O 0 0 82 1 O 20 2 1 1s t Qr t 26 0 0 0 26 D 0 2n d 37 0 0 0 37 3 0 3r d 27 0 0 0 27 0 O 41 1 1 29 O 0 0 29 0 0 To Da t e 20 2 1 To l a l 11 9 O 0 0 11 9 3 0 20 2 2 1s t Qr t 35 0 8 0 43 0 0 2n d 33 O 0 0 33 1 2 3r d 16 0 8 0 24 1 0 41 h 12 0 27 0 39 0 0 To Da t e 20 2 2 T o t a l 96 0 43 0 13 9 2 2 20 2 3 1s t Q r t 5 0 0 O 5 0 0 2n d 22 0 4 0 26 0 0 3r d 4t h To Da t e 20 2 3 T o t a l 27 0 4 0 31 0 0 Pa g e 2 2 o f 7 7 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Approve Bills Meeting: Regular Council - Jul 17 2023 INTRODUCTION: Attached are the June 14, 2023 – June 28, 2023 and the June 29, 2023 – July 11, 2023 City Council check registers and recently processed automatic payments for your review. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the attached payments. ATTACHMENTS: City Claims Report Page 23 of 77 CLAIMS SUBMITTED 6/14/2023 - 6/28/2023 FOR APPROVAL PROCESSED CHECKS 481,859.56$ PROCESSED AUTOMATIC PAYMENTS 509,162.74$ GRAND TOTAL 991,022.30$ CLAIMS SUBMITTED 6/29/2023 - 7/11/2023 FOR APPROVAL PROCESSED CHECKS 1,376,038.68$ PROCESSED AUTOMATIC PAYMENTS 290,737.08$ GRAND TOTAL 1,666,775.76$ TOTAL CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING 2,657,798.06$ CITY OF FARMINGTON CITY CHECKS AND AUTOMATIC PAYMENTS REPORT July 17, 2023 Page 24 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Changing of Job Titles Meeting: Regular Council - Jul 17 2023 INTRODUCTION: Staff is recommending the changing of job titles for the Community Development Director and Public Works Director. DISCUSSION: The Community Development Director position title is proposed to change to Community and Economic Development Director. This position oversees both distinct functions of Community Development and Economic Development and this change more accurately reflec ts the work being performed. The Public Works Director position title is proposed to change to Public Works Director/City Engineer. The position of City Engineer is being done by the Public Works Director. The City has an Assistant City Engineer which assists with managing the Engineering Department. The proposed title changes do not result in any compensation adjustments. BUDGET IMPACT: There is no impact to the City budget. ACTION REQUESTED: Approve the title changes to Community and Economic Development Director and Public Works Director/City Engineer. Page 25 of 77 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 - Jul 17 2023 INTRODUCTION: Approve the appointment of one part time Liquor Store Clerk employee. DISCUSSION: Donna Schauer is being recommended to be appointed to the position of part time Liquor Store Clerk. BUDGET IMPACT: Wages are included in the 2023 budget. ACTION REQUESTED: Approve the appointment of Donna Schauer as a part time Liquor Store Clerk. Page 26 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Agreement to Construct Concrete Playground Border and Bench Pad for Flagstaff Meadows Park Meeting: Regular Council - Jul 17 2023 INTRODUCTION: City Council previously approved the purchase of new playground equipment for Flagstaff Meadows Park at its December 19, 2022 meeting. The new playground equipment has been ordered and anticipated to be delivered in August. DISCUSSION: Flagstaff Meadows Park is currently undeveloped. Since new playground equipment will be installed, a new concrete border will need to be constructed to contain the engineered wood fiber that is placed under and around the playground equipment and serves as safety and accessible surfacing for the playground equipment. After the playground equipment has been installed and wood fiber safety surfacing material has been placed, the new concrete playground border and bench pad will be constructed. Work by the contractor hired includes the preparation of a Class 5 base, installing forms, and pouring and finishing the concrete border and bench pad. After the concrete has adequately cured, Parks Maintenance Staff will backfill around the finished border, then fin ish grade and seed the area to be restored. Staff solicited quotes from 16 contractors for the construction of the concrete playground border and bench pad. Five (5) contractors submitted quotes for the project. A tabulation showing the quotes submitted is attached. The low quote was submitted by SBC Concrete, LLC from Elko, Minnesota. The amount quoted was $11,547.50. WSB’s master plan cost estimates for the play container concrete curb and one bench pad at Flagstaff Meadows Park was $12,600. The City Attorney reviewed the attached agreement and found it to be acceptable. BUDGET IMPACT: The construction of the concrete playground border and bench pad will be paid for through the Park Improvement Fund. ACTION REQUESTED: Approve the attached agreement with SBC Concrete, LLC for construction of the concrete playground border and bench pad for Flagstaff Meadows Park. Page 27 of 77 ATTACHMENTS: 2023 Flagstaff Meadows Park Concrete Playground Border and Bench Pad Quote Tabulation Form 2023 Agreement Concrete Playground Border and Bench SBC Concrete Page 28 of 77 2023 Flagstaff Meadows Park Concrete Playground Border and Bench Pad Quote Tabulation Form Name of Contractor Quote Submitted SBC Concrete, LLC $11,547.50 Create Construction, LLC $19,950.00 JL Theis, Inc.$20,750.00 J.W.S. Construction, LLC $22,490.00 Pember Companies, Inc $26,761.60 Page 29 of 77 AGREEMENT AGREEMENT made this _________ day of ___________________, 2023, between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and SBC CONCRETE, LLC, a Minnesota limited liability corporation ("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Contractor Proposal submitted on June 8, 2023, attached as Exhibit “A.” In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents and in compliance with federal, state, and local laws. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid and inclusive of sales tax. 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations for the project on or before September 30, 2023. Page 30 of 77 2 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the City shall pay the Contractor an amount not to exceed $11,547.50. Such payment shall be made not later than thirty (30) days after completion, certification thereof, and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 8. CONTRACTOR’S REPRESENTATIONS. a. Contractor has examined and carefully studied the Contract Documents and other related data identified in the contract documents. b. Contractor has visited the site and become familiar with and is satisfied to the general, local, and Site conditions that may affect cost, progress, and performance of the work. c. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the work. d. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions at or contiguous to the site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. e. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the work at the Contract price, within the time of performance, and in accordance with the other terms and conditions of the Contract Documents. f. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. g. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. Page 31 of 77 3 9. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 10. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 11. INSURANCE REQUIREMENTS. The Contractor, at is expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: A. Worker’s Compensation Insurance The contractor must provide Worker’s Compensation Insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The contractor shall also provide Employer’s Liability Insurance with minimum limits as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident B. Commercial General Liability Insurance The contractor is required to maintain Commercial General Liability Insurance protecting it from claims for damages for bodily injury, including death, and from claims for property damage, which may arise from operations under the contract. Insurance minimum limits are as follows: • $2,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations The following coverages shall be included: • Premises and Operations Bodily Injury and Property Damage • Personal and Advertising Injury • Blanket Contractual Liability • Products and Completed Operations Liability Page 32 of 77 4 The City, including its elected and appointed officials, employees, and agents must be endorsed as an Additional Insured using ISO Form CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for Products/Completed Operations. C. Business Automobile Liability Insurance The contractor is required to maintain Business Automobile Liability Insurance protecting it from claims for damages for bodily injury, including death, and from claims for property damage resulting from the ownership, operation, maintenance, or use of all autos which may arise from operations under the contract. Insurance minimum limits are as follows: • $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage • The following coverages shall be included: Owned, Hired, and Non-owned Automobiles D. Additional Insurance Conditions • The contractor’s policies shall be primary insurance and non-contributory to any other valid and collectible insurance available to the city with respect to any claim arising out of the contractor’s performance under the contract. • An Umbrella or Excess Liability insurance policy may be used to supplement the contractor’s policy limits to satisfy the full policy limits required by the contract. The city shall be named as an additional insured on any umbrella or excess liability policy. • Any insurance limits in excess of the minimum limits shall be available to the city. • The contractor is required to submit a Certificate of Insurance acceptable to the city as evidence of the required insurance coverage requirements. • The 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 to the city, or ten (10) days’ written notice for non-payment of premium. • The contractor shall require all subcontractors to meet the same insurance requirements and is responsible to review and ensure all subcontractors comply with the insurance provisions contained herein. • The city’s failure to approve or disapprove the contractor’s policies or certificates shall not relieve the contractor of full responsibility to maintain the required insurance. • No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the contractor under the contract. 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Page 33 of 77 5 Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty, and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to defend, hold harmless, and indemnify the City, its officers, agents, and employees, for and against any and all claims, demands, actions, or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. The Contractor shall take all reasonable precautions for the safety of all its employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor’s control. 17. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition, or obligation. 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. Page 34 of 77 6 19. SEVERABILITY. If any provision, term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete, and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. Dated: ______________, 2023 CITY OF FARMINGTON By: _________________________________ Joshua Hoyt, Mayor By: _________________________________ Shirley R Buecklser, City Clerk Dated: ______________, 2023 CONTRACTOR: SBC CONCRETE, LLC By: _________________________________ Its:__________________________________ June 29 Owner Page 35 of 77 -----CITY OF-·----- FARMINGTON Q 430 Third St.. Farmington, MN 550240 651-280-6800Q FarmingtonMN.gov 2023 Flagstaff Meadows Park Concrete Playground Border and Bench Pads Proiect Proposal Submittal Form Submit your company's quote below for the Flagstaff Meadows Park Playground Border and Bench Pads Project. The deadline to submit your project quote is Thursday, June 8, 2023 on or before 10:00 a.m. Company Information: The undersigned, being familiar with local conditions, having made the field inspections and investigations deemed necessary, having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof, hereby propose to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows, your company's information. Name of Company Submitting Bid: � fS C Cv0 C/'-l+,,l tl C Contact Person: /cri t) ti.&,.. Z .t. f fo ()� ;J � Address: 710 I £� cl . 2,S:-o � 51 c_l/L.,t> I � �� 17 2. D Work Phone Number: �S-2 "' 2./ 0-'2 $""'2. ¥' Email Address: /. <J-b iJ � J!, ( c�n er.{ ft LL ( , Co,,.,.... Date Quote Submitted: _/p.,._./,,__.,�_,_/_2_3 _____ _ I.PROPOSAL Main Items 1.Mobilization 2.Aggregate Base (Class 5) ·3.Reinforcing #4 Rebar 4.Concrete Unit LS Ton LS CY Qty. Unit Price $ I b6 eJ, �o• 19.5 /_IF�lf.)C) $ �t;(9 ,oo 10.4 $)b� -"� Totals /C}cJtJ,.c)d $ ,' Qa it; i,C�$ion,� $ ?©tJ, tJO $ <ltJCJfJO 1< rt Total Bid (1+2+3+4) $12 e' I ? , f'cr //, ,;-4'? , _s""",} (f fl Exhibit A Page 36 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Resignation - Parks and Recreation Commission Meeting: Regular Council - Jul 17 2023 INTRODUCTION: A resignation has been received from the Parks and Recreation Commission. DISCUSSION: Ashley Crabtree has submitted her resignation from her position on the Parks and Recreation Commission effective July 12, 2023. Her term on the board runs through January 31, 2025. A copy of her resignation is attached. This vacancy will be advertised in an effort to fill it as soon as possible. BUDGET IMPACT: Not applicable ACTION REQUESTED: Accept the resignation of Ashley Crabtree from the Parks and Recreation Commission effective immediately. ATTACHMENTS: Resignation Letter from Ashley Crabtree Page 37 of 77 1 From: Ashley Crabtree Sent: Thursday, July 6, 2023 9:04 AM To: Kellee Omlid <komlid@farmingtonmn.gov> Subject: Parks and Recreation Commission Greetings I am writing to inform you that July 12, 2023 will need to be my last meeting with the Parks and Recreation Commission with the city of Farmington. Due to personal reasons, my residence will now be in the city of Lakeville with the Farmington school district, starting August 1 of 2023. Thank you for allowing me to be part of such a rewarding experience. Best, Ashley Crabtree Page 38 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from Lunds & Byerlys for the Dew Run Meeting: Regular Council - Jul 17 2023 INTRODUCTION: Lunds & Byerlys recently gave a donation to the 43rd Annual Dew Run. DISCUSSION: Lunds & Byerlys recently donated 100 bottles of water and 150 energy car cups to the Dew Run. The 2023 Dew Run was held on Saturday, June 17, and included a 1 -mile race, ½ mile jr. jog, and 4-mile race. One hundred twenty-eight people participated in the races. Staff will communicate the City’s appreciation on behalf of the City Council to Lunds & Byerlys for this generous donation. ACTION REQUESTED: Adopt Resolution No. R48-23 Accepting a Donation of Bottled Water and Energy Car Cups from Lunds & Byerlys for the Dew Run, valued at $315. ATTACHMENTS: Resolution Accepting Donation from Lunds & Byerlys to the Dew Run Page 39 of 77 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R48-23 A RESOLUTION ACCEPTING A DONATION OF BOTTLED WATER AND ENERGY CAR CUPS FROM LUNDS & BYERLYS FOR THE DEW RUN WHEREAS, a donation of bottled water and energy car cups was made by Lunds & Byerlys for the Dew Run; and, WHEREAS, it is required by State Statute that such donations be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED, that Farmington Mayor and City Council hereby accepts with gratitude the generous donation of bottled water and energy car cups valued at $315 from Lunds & Byerlys to the Dew Run. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of July 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 40 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Declaring Surplus Property Meeting: Regular Council - Jul 17 2023 INTRODUCTION: The Parks and Recreation Department is requesting authorization to dispose of 27 unused Rely Hybrid Soap Dispensers. DISCUSSION: The Rely Hybrid Soap Dispensers are not needed, as Staff replaced all the hand soap dispensers in city facilities with GoJo Dispensers with drip trays. Thus, there is no need to keep the extra Rely Hybrid Soap Dispensers as replacements. BUDGET IMPACT: The proceeds from the sale will be deposited into Miscellaneous Revenue in the General Fund. ACTION REQUESTED: Adopt Resolution No. R49-23 Declaring Items as Surplus and Authorizing Disposal. ATTACHMENTS: Resolution Declaring Surplus Property Page 41 of 77 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R49-23 A RESOLUTION DECLARING ITEMS AS SURPLUS AND AUTHORIZING DISPOSAL WHEREAS, the Parks and Recreation Department is requesting authorization to dispose of the following hand soap dispensers that are no longer needed and is requesting to dispose of the hand soap dispensers at auction with funds being deposited into the General Fund: 27 Rely Hybrid Soap Dispensers NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council have declared the above listed item(s) as surplus and authorize its disposal and authorize its disposal with any proceeds to be placed in the General Fund. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of July 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 42 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center Meeting: Regular Council - Jul 17 2023 INTRODUCTION: A donation was recently made to the Rambling River Center (RRC) by Happy Harry’s Furniture. DISCUSSION: A donation in the amount of $97.48 was recently made by Happy Harry’s Furniture to the RRC. The donation was made through a program created in 2011 in which a customer of Happy Harry’s Furniture can select a charity of their choice to receive a donation when merchandise is purchased from the store. Then 10% from the sale to the customer is donated to the charity. The RRC is one of the charities that can be selected by customers. With these donations, Happy Harry’s Furniture has donated a total of $14,469.35 to the RRC since the program’s inception. This partnership with Happy Harry’s Furniture has been very beneficial over the long term, given the funds that have been donated to the RRC. The donation has been deposited into the RRC Capital Improvement Fund to fund future building improvements and/or purchase new equipment and furniture. Staff will communicate the City’s appreciation on behalf of the City Council to Happy Harry’s Furniture for their generous donation to the RRC. ACTION REQUESTED: Adopt Resolution No. R50-23 Accepting a Donation of $97.48 from Happy Harry's Furniture for the Rambling River Center. ATTACHMENTS: 2023 Resolution Accepting $97.48 from Happy Harry's Furniture Page 43 of 77 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R50-23 A RESOLUTION ACCEPTING A DONATION OF $97.48 FROM HAPPY HARRY’S FURNITURE FOR THE RAMBLING RIVER CENTER 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. WHEREAS, the following persons and entities have offered to contribute to the City: Happy Harry’s Furniture has donated $97.48 to the Rambling River Center; and 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 $97.48 from Happy Harry’s Furniture to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of July 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 44 of 77 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Professional Services Agreement with Bolton & Menk and Joint Powers Agreement with Dakota County for Pilot Knob Trail Preliminary Design Meeting: Regular Council - Jul 17 2023 INTRODUCTION: The City of Farmington completed a Bike Pedestrian Plan in 2019. The Plan included a Phasing Strategy with Priority Projects. Within the Priority Projects, connector trails and greenway trail connections were identified. A connector trail missing segment on the west side of Pilot Knob Road south of 197th Street was identified as a Priority Project. This missing segment is a dual trai l gap (east side of Pilot Knob Road south of 197th Street, as well) in Dakota County’s long -range vision of the trail network. It has been identified by Dakota County as High Priority Trail Gaps. It is #13 out of the top #20 high priority trail gaps within the county. Included in the packet is the page from Dakota County’s Pedestrian and Bicycle Study from December 2018, which shows the dual gap on Pilot Knob Road. DISCUSSION: One of the Parks and Recreation Commission’s work plan goals is identifying Bike Pedestrian Plans priorities to accomplish annually. During discussions on priorities to work on, in addition to the trail gap on the west side of Pilot Knob Road, the Parks and Recreation Commission kept coming back to the need for a trail on the east side of Pilot Knob Road from Highway 50 (CSAH 50) to 195th Street (CR 64). This would allow trail users east of Pilot Knob Road to have a north / south connection to the existing trail network without needing to cross a busy and higher speed county road at an uncontrolled intersection. Staff engaged Dakota County about the trail gap and need for a trail on the east side of Pilot Knob Road. Staff from the City and County met on Pilot Knob Road to discuss the project and both agreed preliminary design that assesses potential pedestrian and bicycle infrastructure improvements was needed. In addition, Dakota County hasn’t updated the Pedestrian and Bicycle Study from 2018 and still refers to the rankings when looking at implementing priority trail gaps. Parks and Recreation Staff reached out to two engineering firms for proposals for Pilot Knob Road trail feasibility and preliminary design. This includes topographic survey of the existing conditions, public engagement, proposed alternatives for trail alignment, final recommendations for trail alignment with cost estimates, and 30% plan set. Both firms submitted a proposal for the project. The proposals were shared with Dakota County Staff for their review and feedback. After reviewing the proposals and discussing with Dakota County, Staff is recommending hiring Bolton & Menk for preliminary design for Pilot Knob Road trail. Page 45 of 77 Attached is a Joint Powers Agreement (JPA) with Dakota County. The City will be the lead agency for this project. However, the City and County will share project responsibilities and jointly participate in the project costs associated with preliminary design for Pilot Knob Road trail. The County’s current cost share for pedestrian / bike improvements is 85% County and 15% City. This cost share is for all phases including preliminary design, final design, and construction. The City Attorney reviewed the attached JPA and found it to be acceptable. Attached is the Professional Services Agreement (PSA) with Bolton & Menk which includes the proposal to complete the preliminary design. The City Attorney reviewed the attached PSA and found it to be acceptable. BUDGET IMPACT: The cost for Bolton & Menk’s preliminary design services is $108,049. The cost of these professional services Bolton & Menk will be providing to the City and County will be shared with the City contributing $16,207 (15%) and the County contributing $91,842 (85%). Funding for the project will be out of the Trail Maintenance Fund. The City will pay Bolton & Menk for the services and will bill the County for their share of the project costs. ACTION REQUESTED: The City Council is being asked to approve the following: • The attached Professional Services Agreement with Bolton & Menk for preliminary design for Pilot Knob Road trail. • The attached Joint Powers Agreement with Dakota County for preliminary design for Pilot Knob Road trail along with the cost share. ATTACHMENTS: PedestrianBicycleStudyPilotKnobGap Professional Services Agreement Bolton and Menk Joint Powers Agreement with Dakota County for Pilot Knob Trail Preliminary Design Page 46 of 77 PEDESTRIAN AND BICYCLE STUDY | DECEMBER 2018 HIGH PRIORITY GAPS D– 14 High Priority Trail Gaps Pilot Knob/CSAH 31 This 0.25 mile dual gap extends from the endpoint of the trail along CSAH 31 to 197th St W. Besides this gap, trail is present along the west side of Pilot Knob for 8 miles, from its southern terminus at CSAH 50 to Long Lake in Apple Valley. This trail gap interrupts what may be Dakota County’s longest continuous roadside trail. Trail was likely not constructed here because Escalade Way, a cul- de-sac along the western side of CSAH 31 and this gap, was meant to be an alternate route, as trail spurs were built to the street. However, to those walking or cycling on the trail north or south of this gap, it is not clear that an alternate route is available. Dakota County Physical Development Division Office of Planning Western Service Center 14955 Galaxie Ave, Apple Valley, MN, 55124 (952) 891-7000 www.co.dakota.mn.us Population 8 Transit 0 Employment 2 RBTN 0 Shopping and Ser- vices 3 Road Lanes 0 Households with- out Vehicles 0 Speed Limit 10 Schools 3 Traffic Volume 7 Old and Young Pop- ulation 3 Pedestrian Demand Criteria (1-10 scale) ROW Width 150’ Shoulder Width 8’ Rural/urban section Rural Transit - Additional Information Farmington Page 47 of 77 226836v2 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this ____ day of ____________, 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, a Minnesota Corporation, whose business address is 12224 Nicollet Avenue, Burnsville, MN 55337 (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 Kellee Omlid, Parks and Recreation Director, (the “City Representative”), and the Engineer has designated Matt Blazer, 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 $108,049.00 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 17th July Page 48 of 77 226836v2 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. Notwithstanding the foregoing, Engineer retains title and interest in all of its standard details, plans, specifications and engineering computation documents (“Previously Created Works and Documents”), whether in written or electronic form, which have been incorporated into the deliverables and documents provided to City, but which were developed by Engineer independent of this Agreement. Engineer issues to City a royalty- free, nonexclusive and irrevocable license to use the Previously Created Works and Documents for the work performed under this Agreement. City may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the City. However, such documents are not intended or represented to be suitable for reuse by City or others on extensions of the Project or on any other project. Any reuse by City or, any other entity acting under the request or direction of the City, without written verification or adaptation by Engineer for such reuse will be at City’s sole risk and without liability or legal exposure to Engineer. 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 in the same locality and at the same time. Page 49 of 77 226836v2 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 reasonable costs and reasonable attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or 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.) Page 50 of 77 226836v2 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 per claim and in the aggregate. Said policy need not name the City as an additional insured. 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. 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. 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 and Professional Liability 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. l. 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 Page 51 of 77 226836v2 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 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 Page 52 of 77 226836v2 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 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. 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 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. Page 53 of 77 226836v2 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. 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. Page 54 of 77 226836v2 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 By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: BOLTON & MENK By: _____________________________ [print name] Its __________________________ [title] 23June 22 Matthew R. Blazer Principal Engineer Page 55 of 77 226836v2 EXHIBIT “A” SCOPE OF SERVICES Page 56 of 77 PROPOSAL FOR 2023 PILOT KNOB TRAIL PRELIMINARY DESIGN 12224 Nicollet Avenue | Burnsville, MN 55337-1649 Ph: (952) 890-0509 | Bolton-Menk.com Contact: Matt Blazer, PE 612-756-4823 Matt.Blazer@bolton-menk May 19, 2023 Page 57 of 77 12224 Nicollet Avenue Burnsville, MN 55337-1649 Ph: (952) 890-0509 Bolton-Menk.com Bolton & Menk is an equal opportunity employer. May 19, 2023 Kellee Omlid Parks and Recreation Director City of Farmington 430 3rd St Farmington, MN 55024 RE: Proposal for Pilot Knob Trail Preliminary Design Dear Kellee: The City of Farmington in partnership with Dakota County has initiated Preliminary Design Services for a Trail along the east side of Pilot Knob from CSAH 50 to 195th St (CR 64). This project will allow trail users east of Pilot Knob to have a north/south connection to the existing trail network without needing to cross a busy road at an uncontrolled intersection and will also include filling an existing trail gap on the west side of Pilot Knob. Like you, Bolton & Menk, Inc. takes great pride in designing and managing projects that are safe, sustainable, and functional. We understand what needs to be accomplished for the successful completion of Preliminary Design of a Pilot Knob Trail. We Don’t Just Draw Lines on a Map and Pretty Pictures – All too often we see others create plans that are simply a line indicating a route on a map or an artist’s rendition of what the trail could look like, but can’t physically be constructed. This sets stakeholders such as residents, city staff, and City Councils up with unreasonable expectations when it comes time to enter the final design phase of the project. Rather than create a concept drawing, our goal is to create a 30% plan layout. What this means is that we look at more than trail connectivity and simple design based on boulevard distance from the road. Will this fit with the existing terrain? How can a costly retaining wall be avoided? What are the storm water management needs associated with the trail? How can impacts to street traffic during construction be minimized? All these questions need to be answered and a pretty picture used as a concept plan cannot accomplish that. Real Public Engagement – This is a term that gets thrown around in the industry all too often, but needs to be more than simply a buzzword. Our approach to public engagement starts early in the planning stages of the trail so that when it comes time for construction there are no surprises for those living in and around the construction area. In our experience when it comes to trails many residents love to use them, but few want them added along their side of the street for concerns of impacts to their front yard, concerns about potential maintenance, or the headache of living through its construction. Real public engagement provides stakeholders with the opportunity to be heard and information to calm these worries. Design with the End in Mind - Because we have completed such a high number of similar designs to this one, we understand the pitfalls that can come later in the project process and how to avoid them from the start. Steps such as private utility coordination and construction traffic control that sometimes aren’t even a thought until after 60% plan completion need to be considered from the start on a project such as this. By considering these items early, it will allow the project to avoid delays and frustrations later in the project. In continued service to the City of Farmington, we are excited at the opportunity to complete the Preliminary Design for a Pilot Knob Trail. I will serve as your lead client contact and project manager. Please contact me at (612) 756-4823 or matt.blazer@ bolton-menk.com if you have any questions regarding our proposal. Respectfully submitted, Bolton & Menk, Inc. Matt Blazer, PE Principal Engineer Page 58 of 77 Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337 Ph: 952-890-0509 2 FIRM OVERVIEW We believe all people should live in safe, sustainable, and beautiful communities and we take pride in our ability to make that happen. It's why we get out of bed every morning. Our commitment to communities began in 1949 with two hard working Midwesterners—John Bolton and Martin Menk. They saw people in their surrounding communities who had dreams of a bright future, a desire to grow, and a common challenge of aging infrastructure. John and Martin's goal was to help communities make progress by listening to what people want, finding the best solutions for their needs, and treating them right. Their legacy lives on. We still want to help, we work hard every day, and we always remember what got us here—we're people helping people. Today, Bolton & Menk, Inc. has more than 650 employees including a professional staff of more than 250 engineers, planners, landscape architects, and surveyors. We specialize in providing public infrastructure solutions. We take care of our clients by providing the best services and solutions for them. From advocating for our communities to designing their dreams to finding funding; we take pride in our work because we live in these same communities. We believe in the power of face-to-face meetings, friendly conversations, and collaborative decision-making to keep your projects on schedule, within budget, and focused on real, workable solutions. We promise every client two things: we'll work hard for you and we'll do a good job. We take a personal interest in the work being done around us. At the end of the day, we're Real People offering Real Solutions. Solutions Provided: • Civil/Municipal Planning & Engineering • Water & Wastewater Engineering • Transportation Planning & Engineering • Structural Services • Aviation Services • Planning & Urban Design • Water Resources Engineering • Environmental Planning & Permitting • Construction Administration & Inspection • Land Surveying • Geographic Information Systems • Project Funding Support • Project Communication • Creative Studio Services Ranked #132 among the Top 500 Design Firms in the United States. Page 59 of 77 2023 Pilot Knob Trail Preliminary Design | City of Farmington Work Plan 3 WORK PLAN The City of Farmington was approached by Dakota County to lead the implementation of a trail on the east side Pilot Knob to reduce the number of pedestrians crossing the busy, high speed County Road. A trail retrofit project such as this one can be intimidating on where to start. Matt and his team have created 7 planned trail retro fit alignments in other metro communities in the last 4 years that will be constructed. Our work plan is proven to provide efficient, constructible solutions while still fitting with the road corridor and pedestrian needs. Task 1: Preliminary Engineering Task 1.1: Project Kickoff Meeting Bolton & Menk will hold a project kickoff meeting with the project team consisting of City and County staff members. At the meeting we will discuss items like project background, confirm design standards, initial thoughts from project staff how they envisioned the trail, project schedule, and confirm project scope. This discussion will form the base for all other elements of the preliminary design. Task 1.2 Data Collection Bolton & Menk, Inc. will complete a topographic survey of the existing conditions within the anticipated construction limits plus and 10’ on each side will be performed. The survey will include all visible features such as, but not limited to, pavements, curb lines, manholes, catch basins, valves, sidewalks, turf areas, driveways, power poles, gardens, mailboxes, retaining walls, etc. Individual trees will be located and size recorded. In more heavily wooded areas, such as the areas of steep slopes, individual trees will not be located and instead a tree line marked to delineate the boundary of the heavily wooded areas. All underground utility information will be located and described per available as-builts, field markings from a Gopher One Call coordinated by Bolton & Menk, and private utility map information. Regardless of if the trail construction limits approach the right-of-way, Monumentation will be searched for and right of way will be illustrated based on found field monumentation and plat information. The project corridor has multiple wetlands, wet ditches, and a creek crossing in the project limits that need to be considered when identifying a trail corridor. As such, all these features need to be examined and their wetland boundary delineated after bud burst in the spring. The delineation will include performing transects and sampling in the vicinity of those wetlands, placing 3-foot pin flags at the limits of any wetlands found, using a sub- meter GPS unit to accurately locate and map each point, and preparing a written report of our findings. Bolton & Menk will submit the report to the appropriate reviewing agencies for approval. This will include compiling information as follows: • Available Aerial Photographs • Dakota County LiDAR Maps • National Wetlands Inventory Maps • Minnesota Department of Natural Resources – Public Waters Maps • Dakota County Soil Survey Maps In some cases, the reviewing agencies request additional information and/or a Wetland Technical Evaluation Panel (TEP) meeting during the review process. Bolton & Menk will attend TEP Meetings to discuss the acceptance of the delineated boundaries or the agencies request additional information. The approved delineation is approved for 5 years should there be a gap in the project schedule prior to beginning final design or construction. Task 1.3: Preliminary Trail Layout Bolton & Menk will develop up to three proposed alternatives for trail alignments for the new trail segment on the east side and the trail gap on the west side of Pilot Knob. During our initial look at the project corridor two alternatives for trail alignments became clear: • Standard Boulevard width from the roadway Page 60 of 77 2023 Pilot Knob Trail Preliminary Design | City of Farmington Work Plan 4 and resulting trail location– This provides easier construction, lowers property impacts, and better trail sight lines. Boulevard widths are typically between 4-12’ and the desired width will be confirmed at the project kickoff meeting. • Trail near ROW- Utilizing the existing wide ROW, a trail further off the roadway would provide greater safety from roadway traffic, create a more natural feel, and reduce private utility relocations during construction. • Admittedly, there could be a third option that becomes more evident after the project kick off meeting and after a deeper look into the project corridor and we have provided the flexibility in our scope to allow for that. The initial layouts will detail the proposed trail location at 25 scale, the necessary impacts to driveways and other privately owned/maintained surface features within and beyond the ROW, initial anticipated ROW impacts, estimated limits and heights of retaining walls, and through preliminary corridor modeling in Civil 3D, the estimation of anticipated construction limits. Although detailed refinement of this preliminary model is not proposed as part of this step, this initial review should enable an informed estimation of wall height within 1’-2’ for sense magnitude of wall needs. These layouts will be designed according to ADA guidelines, Minnesota Bike Facility Design Manual, City of Farmington standards, and industry best practices. These preliminary corridor layouts are the core of the feasibility study and help identify items like: • Trail Geometry • Storm Water Requirements • Impacts to Pilot Knob • Wall Locations • Private Property Impacts • Tree & Landscape Impacts • Property & Easement Acquisition • Private Utility Impacts • Estimated Project Disturbance Limits Concurrent with the initial layout creation, Bolton & Menk will analyze the corridor for constructability and the ability to maintain traffic during construction of the trail and provide city staff with a recommendation. Task 1.4: Meeting with City Staff Bolton & Menk will conduct a project team meeting with city staff where the developed alternatives will be discussed in detail and will recommend an alternative to further refine. Based on our experience a successful trail will need to meet the following conditions: Pedestrian Safety – While safety is always a priority, it is also important to use the right safety improvement in the right situation. A great example of this is striping crosswalks. In the wrong situation, it can actually lead to a false sense of security for pedestrians creating a potential for vehicular accidents. Ease of Use – When it comes to pedestrian facilities, people many times will take the easiest path from point Page 61 of 77 2023 Pilot Knob Trail Preliminary Design | City of Farmington Work Plan 5 A to B. Simply put, if it’s too complicated, people won’t use it. Fit with the Overall Corridor – Project impacts mentioned in Task 1.3 need to be managed as much as possible but balanced with demands of the overall corridor. This means that points of interest within AND outside the project corridor such as future developments, future trails, existing trails, river crossings, etc. need to be understood to eliminate unnecessary street crossings. Constructability – On a trail implementation project, an often-overlooked aspect is the road needs to remain open to motorists while the trail construction is performed. Pilot Knob is a busy road, and a long- term closure or elimination of a travel lane during trail construction will be unacceptable. Maintainability –Trail design elements such as taper lengths, crossing widths, boulevard widths, etc. all need align with current City of Farmington and Dakota County maintenance procedures for activities like snow removal and turf maintenance. Cost – A high-level project cost will be presented for all alternatives. As well as meeting all the above criteria, the project needs to be affordable. Bolton & Menk will partner with city staff to perform a cost benefit analysis of trail characteristics to result in a project that fits Pilot Knob and within a reasonable budget. Task 1.5: Revise Project Layouts From the discussion at the project meeting described in task 1.4 and City and County comments on the layouts themselves in the week following the meeting, Bolton & Menk will revised and refine the recommended initial project layout for discussion at the third project team meeting. This could mean there is a clear best layout with minor changes or could be combining elements from each of the layouts to create a final 30% design project layout. A preliminary cost estimate will be produced for the final layout for review by City staff. A report will be prepared to document the project constraints identified by the City and the County, the preliminary estimated project costs, identified property acquisition needs, permitting requirements, and other information identified during this preliminary design process which will be useful for the final design phase. Task 1.6: Meeting with City Staff Similar to the second meeting with the project team, Bolton & Menk will conduct a third meeting providing staff with a summary of the updated project layout, updated preliminary project cost, and begin planning for the project open house. Task 2: Public Engagement Task 2.1: Open House Bolton & Menk will hold an open house, including the following necessary steps to assure successful collection of input and property owner awareness, including • Preparation and mailing of invitations to adjacent and nearby properties (mailing list to be confirmed by the city) • Development of a presentation by Bolton & Menk • 30% Design Trail layout will be provided to mark up resident comments and concerns • Poster boards with trail cross sections, project schedule, and other pertinent information • Preparation of meeting materials including sign in sheet and comment cards • Documentation of meeting discussion in the Feasibility Report While final decision of particular trail elements ultimately resides with the City Council and County Commission it is critical to get resident, user, and other stake holder buy-in, even at the planning stages of the project. This always leads to a successful and easier process when it comes future phases of the project. Task 3: Feasibility Report Bolton & Menk will prepare a feasibility report, that reviews the options for the project, provides recommendations, and a cost estimate for the preferred alternative. The report will serve as a documentation of findings during the preliminary design phase of the project and will be presented to the City Council for approval. At a minimum, the report will include • Project background • Existing conditions • Alternatives examined with final recommendations Page 62 of 77 2023 Pilot Knob Trail Preliminary Design | City of Farmington Work Plan 6 • Cost estimates and funding tables • Summary of the project open house • Project schedule • Conclusions Bolton & Menk will attend the City Council Meeting at which the feasibility report is presented to council for approval to give a short presentation and answer questions. Task 4: 30% Plan Production Bolton & Menk will develop a 30% plan set for city review inclusive of the following plan sections: • Title sheet • Legend sheet • Existing conditions/removal plan • Construction details and standard plates • Erosion and Sediment Control Plan • Storm sewer plan • Trail plan and profile • Trail cross sections Bolton & Menk will develop utility construction plan/ profile sheets in Civil3D design software along the full corridor where utility improvements are proposed. Pro- posed improvements will be depicted in both plan and profile view at 25/50 scale (horizontal). Applicable Dakota County and City of Farmington con- struction details will be compiled and inserted into the plan set. Where no city standard detail exists, a detail will be identified such that the one can be created during final plan production. As part of the 30% storm sewer plans, storm sewer will be designed to depict plan and profile views but no storm sewer calculations or sizing will be performed. Storm water management facilities, should any be required, will be preliminary sized by determining the volume base on 1” over the created impervious. At the completion of the 30% plan set, a meeting will be held with city staff to review the plans, discuss the proposed changes from the approved preliminary layouts, and answer questions the design team may have. Task 5: Optional Services Other services to be considered but not included in the proposed project scope: • Potential Funding Applications • Geotechnical Investigation • Property acquisition services • Final Design and Preparation of Construction Documents Page 63 of 77 7 Project Schedule Month Week of 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 Overall Project Schedule Project Kickoff Meeting X Data CollectionInitial Trail LayoutsMeeting 2 with City & County Staff XCity & County Staff Review LayoutsRevise Corridor LayoutsMeeting 3 with City & County Staff XCity & County Staff Review LayoutsOpen House XFinal Layout & ReportReport to Council X30% Plan ProductionMeeting 4 with City & County StaffDeliver 30% Plans Preliminary Design PROJECT SCHEDULE Pilot Knob Trail Improvements 2023 DecNovMayJuly Aug Sept OctJune 2023 Pilot Knob Trail Preliminary Design | City of Farmington PROJECT SCHEDULE We have developed a schedule detailing the anticipated work tasks, task relationships, critical path timeline, deliverable due dates, and completion dates. This schedule is based on our review of the project background and scope of work provided in conversations with the city and our experience on other similar projects. Upon selection, Bolton & Menk will work with city staff and other stakeholders to revise and update this schedule as needed to ensure successful delivery of this project. Pa g e 6 4 o f 7 7 2023 Pilot Knob Trail Preliminary Design | City of Farmington 8Project Team PROJECT TEAM Our team has the proven knowledge, experience and bicycle and pedestrian expertise needed to ensure success on Farmington’s Pilot Knob Trail Improvements project. Our main staff are all regular bicyclists and walkers, deeply familiar with the latest standards and guidance to create the type of high quality and integrated bicycle and pedestrian networks needed to get more people bicycling and walking, more frequently, to more destinations, and to do so safely. Project Manager Matt Blazer, PE has a long history in active transportation. He has worked on dozens of bicycle and pedestrian planning and design implementations throughout the Twin Cities area. Matt has also worked on many trail feasibility studies where need is clear but the how and the funding are unknown. Upon the completion of feasibility his team was then able to apply and secure grants like MnDOT Regional Solicitation & Safe Routes to School, so the facility could then be built. He provides expertise in active transportation, transit, public outreach and engagement, and project management. MATT BLAZER, PE Project Manager Matt is a principal engineer who finds that the most rewarding part of any process is resident interaction and communication. Since beginning his professional career in 2013, he’s gained extensive experience with a range of projects related to road reconstructions, trail planning & design, streetscape implementation, and many Municipal State Aid (MSA) and federal designs. Matt has been involved in many award-winning projects, including 1 National APWA Project of the Year, 3 MN APWA Project of the Year winning projects, 1 Honorable Mention MN APWA Project of the Year, and 1 CEAM Honorable Mention Project of the Year. Matt is driven by the challenge of finding not only an acceptable solution, but the right solution. KYLE JOHNSON, PE Principal-in-Charge Kyle will be responsible for overall project oversight. He will oversee quality assurance throughout the project process and be responsible for committing sufficient personnel and resources to accomplish the project work plan within the time frame defined. He will monitor project progress, schedule, and budget and work closely with Matt to ensure critical issues are addressed effectively, comprehensively, and in a timely manner. He will also be involved in public involvement activities as needed. ARIANNA CHRISTIAN, EIT Design Engineer Arianna is a graduate engineer at Bolton & Menk, starting her career in 2020. Her experience includes preliminary and final design using AutoCAD Civil 3D, plan production, preparation of cost estimates, assisting with preparation of reports, and full- time construction observation on projects ranging from development to street and utility reconstruction. She is passionate about delivering projects for communities that benefit their daily lives. LANI LEICHTY, PE Water Resources Engineer Lani began his engineering career in 1985 and has experience in both the public and private sectors of water resource engineering. He supports the municipal and transportation engineers with all aspects of stormwater related to their projects. Specifically, Lani provides technical review of development plans and specifications for municipalities to ensure they meet local government ordinances, stormwater standards, and state regulations. He also has designed numerous BMPs for runoff quantity and quality, including infiltration, bioretention, retention ponds, proprietary treatment units, and underground storage. Lani enjoys solving stormwater related issues, especially those related to drainage/flooding hurdles and determining a solution to address the problem. Page 65 of 77 2023 Pilot Knob Trail Preliminary Design | City of Farmington 9Project Team BRANDON BOHKS Wetland Specialist Brandon is a senior natural resource specialist who began his career with Bolton & Menk in 2016. Brandon has completed countless delineations for various projects that have included delineating all aquatic resources, including watercourse delineations and incidental wetlands. Brandon also acts as a Local Government Unit for 10 municipalities throughout the metropolitan area, where he administers the Wetland Conservation Act and answers wetland-related questions for the cities and their residents. Brandon has additional experience completing permits related to aquatic resources, completing vegetation surveys, hydrology monitoring, and wetland bank design. Page 66 of 77 2023 Pilot Knob Trail Preliminary Design | City of Farmington 10Project Experience PROJECT EXPERIENCE Bolton & Menk has assembled an experienced team of professionals with a proven track record of delivering feasibility and planning services for bicycle and pedestrian projects. We have highlighted several projects with a similar approach and/or elements. Additional project experience is available upon request. Minnetonka Trail Feasibility Analysis City of Minnetonka, MN In their yearly city survey, the City of Minnetonka consistently receives requests for additional trails and trail connections from residents. In response to these requests the city set up special funding programs and including these trail connections on their Capital Improvement Plan (CIP). To have a better understanding of the feasibility of these trails, the city requested that Bolton & Menk analyze and perform a feasibility study for the next five years of trails schedule for construction in their CIP. This study allowed them to accomplish four things: • Get a more detailed cost estimate for the trail construction than typical CIP level cost estimates • Begin public engagement efforts on some of the more contested trail segments • Begin applying for the various grants available for trail construction • Understand trail layout and property needs at properties expected to develop in the near future This process allowed the city to better budget for their upcoming trail plans and secure $2.36 million in grant funding for their trails. Excelsior Boulevard (CSAH 3) Trail City of Minnetonka, MN The City of Minnetonka has approximately 90 miles of running, biking, and walking trails and sidewalks. As part of this system, the city developed a plan to add approximately 45 miles of additional trail to fill in gaps, missing sections, and critical links. This effort will help provide access and connectivity to its residents and businesses. The Excelsior Boulevard (CSAH 3) Trail project was initiated in fall 2018. The Excelsior Boulevard Trail construction is proposed in the City of Minnetonka’s Trail Improvement Plan, the Hennepin County 2040 Bicycle Transportation Plan, and Metropolitan Council’s Regional Bicycle Transportation Network (RBTN) plan. Bolton & Menk developed a plan to fulfill the many requirements given by all agencies, including the city, county, MPCA, and Minnehaha Creek Watershed District, to provide a trail that minimizes impacts to properties along the project corridor and construction disruption to the existing CSAH 3. Construction wrapped up during the summer 2021 construction season. Project Reference: Phil Olson, PE City of Minnetonka City Engineer (952) 939-8206 Page 67 of 77 2023 Pilot Knob Trail Preliminary Design | City of Farmington Firm Experience 11 Diffley Road (CSAH 30) School Area Safety Improvements Dakota County and City of Eagan, MN Dakota County and the City of Eagan were studying a safer intersection crossing along Diffley Road (CSAH 30) when a student was fatally struck by a driver while crossing Diffley Road in the fall of 2019. The county and city needed to manage a highly emotional situation and share their knowledge, plans, and next steps with residents, parents, elected officials, and school representatives. The public information meetings made it clear the community needed to see near-term improvements that resulted in a school area environment that slowed traffic, improved traffic congestion and circulation, and most importantly, provided safe crossings of Diffley Road. Bolton & Menk has assisted the city and county since late 2019 – preparing and facilitating public meetings, identifying and evaluating improvement alternatives, conducting thorough traffic simulations, engaging community advocates, talking to students, informing political officials, and leading project management meetings with the school district, city, and county staff. The highly involved and intensely collaborative process enabled an otherwise 12-month study to be successfully completed in a third of that time, providing a responsive plan for the community and political officials pursuing funds. We completed the study in April 2020, helped secure state bonding, completed preliminary and final design in 2020 and managed successful construction in 2021. Project Reference: John Gorder, PE City of Eagan City Engineer (651) 675- 5646 Page 68 of 77 226836v2 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 69 of 77 12 Cost for Services Client: City of Farmington Project: Pilot Knob Trail Preliminary Design WORK TASK DESCRIPTION Pr i n c i p a l I n C h a r g e Pr o j e c t M a n a g e r Pr o j e c t E n g i n e e r De s i g n E n g i n e e r Wa t e r R e s o u r c e s En g i n e e r We t l a n d S p e c i a l i s t Su r v e y T e c h n i c i a n Li s c e n s e d S u r v e y o r Fi e l d C r e w C h i e f Co m m u n i c a t i o n s Sp e c i a l i s t Cl e r i c a l Total Hours Total Cost 2023 HOURLY RATE $189 $182 $152 $117 $185 $128 $124 $185 $178 $100 $97 1.0 Preliminary Design 1.1 Project Kickoff Meeting 222 6 1,046$ 1.2 Data Collection 8 40 37 31 167 2 285 46,299$ 1.3 Preliminary Trail Layout 1 12 60 120 32 225 31,453$ 1.4 Meeting 2 with City Staff & County 224 8 1,350$ 1.5 Revise Project Layouts 2 12 40 4 58 7,608$ 1.6 Meeting 3 with City Staff & County 224 8 1,350$ SUBTOTAL HOURS - TASK 1 7 20 82 168 36 40 37 31 167 0 2 590 89,106$ 2.0 Feasibility Report 2.1 Feasibility Report 2 4 10 10 4 30 4,184$ SUBTOTAL HOURS - TASK 2 2 4 10 10 0 0 0 0 0 0 4 30 4,184$ 3.0 Public Engagement 3.1 Open House 264 8 3 23 2,835$ 3.2 Individual Property Owner Meetings (Assumes 10)55 10 1,670$ SUBTOTAL HOURS - TASK 3 0 7 11 4 0 0 0 0 0 8 3 33 4,505$ 4.0 30% Plan Production 4.1 Produce 30% Plans 2 10 60 72 8,904$ 4.2 Meeting 4 with City Staff & County 224 8 1,350$ SUBTOTAL HOURS - TASK 2 2 4 14 60 0 0 0 0 0 0 0 80 10,254$ Total Proposed To Date 9 31 103 182 36 40 37 31 167 8 9 653 108,049$ COST FOR SERVICES The following table summarizes the hours and cost breakdown of each major work task item. The estimated fee includes labor, general business, and other normal and customary expenses associated with operating a professional business. Unless otherwise noted, the fees include vehicle and personal expenses, mileage, telephone, survey stakes, and routine expendable supplies; no separate charges will be made for these activities and materials. Expenses beyond the agreed scope of services and non-routine expenses, such as large quantities of prints, extra report copies, out-sourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance, and other items of this general nature will be invoiced separately. 2023 Pilot Knob Trail Preliminary Design | City of Farmington Pa g e 7 0 o f 7 7 226454v3 Dakota County Contract No. DCA20524 JOINT POWERS AGREEMENT FOR PRELIMINARY ENGINEERING BETWEEN THE COUNTY OF DAKOTA, THE CITY OF FARMINGTON AND DAKOTA COUNTY PROJECT NO. 31-111 CITY OF FARMINGTON PROJECT NO. 2023-001 SYNOPSIS: Dakota County and the City of Farmington agree to conduct preliminary engineering of a trail gap on County State Aid Highway (CSAH) 31 (Pilot Knob Road) from CSAH 50 to County Road (CR) 64 (195th St), Dakota County. Page 71 of 77 Dakota County Contract No. DCA20524 2 226454v3 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; the City of Farmington, referred to in this agreement as “the “City”; and witnesses the following: WHEREAS, under Minnesota Statutes Section 162.17, subdivision 1 and 471.59, subdivision 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to conduct preliminary engineering to develop the County State Aid Highway (CSAH) 31 (Pilot Knob Road) trail from CSAH 50 to County Road (CR) 64 (195th St), Dakota County, (the “Project”); and WHEREAS, the purpose and need for the project is to improve safety, multi-modal mobility, and traffic operations on Pilot Knob Road; and WHEREAS, to address the purpose and need for this Project, safety, operations, and multi- modal mobility will be improved along the corridor by adding a multi-use trail to the east side of the highway and filling trail gaps on the west side of the highway; and WHEREAS, the County and City will jointly participate in the costs of the Project; and WHEREAS, the City of Farmington is the lead agency for the project. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with preliminary engineering for the CSAH 31/Pilot Knob Road multi-use trail project: 1. Administration. The City of Farmington will enter into and administer the contract with a consulting firm, the consulting engineer, and will coordinate the preliminary engineering work of the consulting engineer with the County. The County and the City shall each retain final decision-making authority within their respective jurisdictions. Page 72 of 77 Dakota County Contract No. DCA20524 3 226454v3 2. Preliminary Engineering. “Preliminary Engineering” shall be defined as engineering work completed for the project through preliminary layouts and 30 percent design, which includes, but is not limited to: a. Surveying and mapping; b. Feasibility study and reports; c. Public involvement process; d. Environmental reports; and e. Preliminary layouts. 3. Cost Share. The City and the County shall divide the project costs for the preliminary engineering according to County policy F.1, Cost Participation – Roadway: Trail and sidewalks along county highways as deemed necessary by the County for safe accommodation of pedestrians and bicycles in the highway right-of-way: Notwithstanding the County policies the costs for preliminary engineering shall be divided as follows: • The County shall be responsible for 85% of all project costs, • The City of Farmington shall be responsible for 15% of the project costs Expenses incurred under this Agreement are estimated to be $108,049 identified from all parties. Per County policy F.1, Cost Participation – Roadway, the County’s share is estimated at $91,842 (85%) and the City’s share is estimated at $16,207 (15%). 4. Project Cost Updates. The lead agency must provide updated cost estimates showing the County and City shares of Project costs annually at the time of the County’s Capital Improvement Program development process. Updated cost estimates will also be provided by the lead agency at the following times: • prior to any mutually agreed upon change in scope to the consultant’s contract • upon completion of the Project. Project cost estimate updates include actual and estimated costs for engineering, right of way acquisition, utility relocation and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project costs estimates. 5. Right-of-Way Pre-acquisition. The County will prepare the existing right of way map to show existing right of way for the study corridor. Based on the study and preliminary design, the City shall have the Contractor prepare anticipated permanent and temporary highway and drainage easements for the project to establish. The anticipated costs for the easements shall be included in the Preliminary Engineering Costs. Right of Way acquisition will occur during later Page 73 of 77 Dakota County Contract No. DCA20524 4 226454v3 phases of the project and responsibilities will be established with future Joint Power Agreements. 6. Plans and Specifications. A consulting firm shall be selected by the County and the City as the consulting engineering firm to perform the Preliminary Engineering. The anticipated completion date of the Preliminary Engineering is December 31, 2023. 7. Payment. The City will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the Project work progresses and when certified by the Parks and Recreation Director. The City, in turn, will bill the County for their share of the Project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 8. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all parties prior to execution of work. 9. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 10. Effective Dates. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2024. 11. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 12. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this Agreement recognize that liability for any tort claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any tort claims or actions filed against either party, nothing in this Agreement shall be construed to Page 74 of 77 Dakota County Contract No. DCA20524 5 226454v3 allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 13. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker’s Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker’s Compensation Act for any employees of the City and any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 14. Audits. Pursuant to Minnesota Statute §16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and each City relevant to the Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 15. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the improvements provided for in this Agreement together with each parties indemnification obligations. Page 75 of 77 Dakota County Contract No. DCA20524 6 226454v3 16. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Erin Laberee, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7122 Erin.Laberee@co.dakota.mn.us Kellee Omlid, Parks and Recreation Director (or successor) City of Farmington 430 3rd St., Farmington, MN 55024 Office: (651) 280 - 6851 komlid@FarmingtonMN.gov The Authorized Representative shall obtain authorization to implement or administer any provision of this Agreement from his or her respective governing body as required by the governing body’s policies and procedures. The parties shall promptly provide notice to each other when an Authorized Representative’s successor is appointed. The Authorized Representative’s successor shall thereafter be the Authorized Representative for purposes of this Agreement. All notices or communications required or permitted by this Agreement shall either be hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed completed two business days after the date of mailing. 17. Data Practices. The parties will comply with all applicable data practices laws, including but not limited to the Minnesota Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13 and the Minnesota Rules implementing the MGDPA, as amended, as well as any applicable state or federal laws on data privacy and security. All data created, collected, received, stored, used, maintained, or disseminated by the parties in the performance of their roles and responsibilities are subject to the requirements of the MGDPA, the Minnesota Rules implementing the MGDPA, as amended. [SIGNATURE PAGE TO FOLLOW] Page 76 of 77 226454v3 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: By City Clerk, Shirley R Buecksler Mayor, Joshua Hoyt (SEAL) Date DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer Assistant County Attorney / Date By: Physical Development Director COUNTY BOARD RESOLUTION: No:________ Date: _____________ Date: KS-____________ Page 77 of 77