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HomeMy WebLinkAbout05.06.24 Council PacketMeeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, May 6, 2024 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 5.1. Update from County Commissioner Mike Slavik Please listen to Commissioner Slavik and ask any questions you may have. Agenda Item: Update from County Commissioner Mike Slavik - Pdf 6 5.2. New Employee Introductions Not applicable Agenda Item: New Employee Introductions - Pdf 7 5.3. Recognition of Katie Porter's Contributions as City Councilmember Please take this time to recognize Councilmember Katie Porter's contributions to the City of Farmington. Agenda Item: Recognition of Katie Porter's Contributions as City Councilmember - Pdf 8 5.4. National Public Works Week Proclamation Proclaim the week May 19–25, 2024 as National Public Works Week in Farmington. Agenda Item: National Public Works Week Proclamation - Pdf 9 - 10 5.5. Proclaim May 15, 2024 as Peace Officers Memorial Day and May 12-18 as Police Week 11 - 12 Page 1 of 260 Mayor and Councilmembers are asked to read the included proclamation declaring May 15, 2024 as Peace Officers Memorial Day and May 12-18, 2024 as Police Week. Agenda Item: Proclaim May 15, 2024 as Peace Officers Memorial Day and May 12-18 as Police Week - Pdf 5.6. Proclamation for Farmington Dew Days June 20-23, 2024 Staff is recommending that the City Council approve the attached proclamation for Farmington Dew Days June 20-23, 2024. Agenda Item: Proclamation for Farmington Dew Days June 20-23, 2024 - Pdf 13 - 14 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. Application from VFW Post 7662 to Conduct Off-Site Gambling June 19 through November 30, 2024 Agenda Item: Application from VFW Post 7662 to Conduct Off-Site Gambling June 19 through November 30, 2024 - Pdf 15 - 18 7.2. Minutes of the April 15, 2024 Regular City Council Meeting Agenda Item: Minutes of the April 15, 2024 Regular City Council Meeting - Pdf 19 - 23 7.3. Minutes of the April 29, 2024 Special Work Session Agenda Item: Minutes of the April 29, 2024 Special Work Session - Pdf 24 - 27 7.4. Summary of City Administrator's Closed Session Performance Review Agenda Item: Summary of City Administrator's Closed Session Performance Review - Pdf 28 - 30 7.5. Agreement with Entertainment Plus for DJ Services for the Dew Run Agenda Item: Agreement with Entertainment Plus for DJ Services for the Dew Run - Pdf 31 - 38 7.6. Agreement with Wayzata Results for Race Result Timing Services Agenda Item: Agreement with Wayzata Results for Race Result Timing Services - Pdf 39 - 43 7.7. Application from Farmington Youth Hockey Association to Conduct Off- Site Gambling June 20-23, 2024 Agenda Item: Application from Farmington Youth Hockey Association to Conduct Off-Site Gambling June 20-23, 2024 - Pdf 44 - 47 7.8. Request to Waive Fees for 2024 Dew Days Celebration Agenda Item: Request to Waive Fees for 2024 Dew Days Celebration - 48 - 49 Page 2 of 260 Pdf 7.9. Resolution Accepting Donations to the Dew Run Agenda Item: Resolution Accepting Donations to the Dew Run - Pdf 50 - 51 7.10. Temporary On-Sale Liquor License for Farmington Municipal Liquors, June 20, 2024 Agenda Item: Temporary On-Sale Liquor License for Farmington Municipal Liquors, June 20, 2024 - Pdf 52 - 53 7.11. Temporary On-Sale Liquor License for The Rotary Club of Farmington, June 20-22, 2024 Agenda Item: Temporary On-Sale Liquor License for The Rotary Club of Farmington, June 20-22, 2024 - Pdf 54 - 55 7.12. Financial Review for the Quarter Ending December 31, 2023 Agenda Item: Financial Review for the Quarter Ending December 31, 2023 - Pdf 56 - 70 7.13. Payment of Claims Agenda Item: Payment of Claims - Pdf 71 - 72 Payment of Claims 7.14. Joint Powers Agreement with Dakota County for Use of Statewide Health Improvement Funds (SHIP) Agenda Item: Joint Powers Agreement with Dakota County for use of Statewide Health Improvement Funds (SHIP) - Pdf 73 - 109 7.15. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 110 7.16. Agreement with JLG Architects for Schematic Design Through Construction Phase for the Rambling River Center Agenda Item: Agreement with JLG Architects for Schematic Design Through Construction Phase for the Rambling River Center - Pdf 111 - 184 7.17. First Amendment to Joint Powers Agreement with Dakota County for Pilot Knob Trail Preliminary Design Agenda Item: First Amendment to Joint Powers Agreement with Dakota County for Pilot Knob Trail Preliminary Design - Pdf 185 - 188 7.18. Joint Powers Agreement with Dakota County regarding Opioid Settlement Funds Agenda Item: Joint Powers Agreement with Dakota County regarding Opioid Settlement Funds - Pdf 189 - 203 7.19. Professional Services Agreement with Advanced Engineering and Environmental Services (AE2S) for the Water Service Line Inventory Project Agenda Item: Professional Services Agreement with Advanced Engineering and Environmental Services (AE2S) for the Water Service Line Inventory Project - Pdf 204 - 218 Page 3 of 260 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Establish Public Hearing Date to Consider Proposed Tax Abatement and Five-Year Street Reconstruction Plan Adopt Resolution 2024-37 Calling for Public Hearings on the Approval of a Proposed Tax Abatement by the City on Certain Property Located Within the City and a Proposal to Adopt the City's Five-Year Street Reconstruction Plan and Issue Bonds Therefor. Agenda Item: Establish Public Hearing Date to Consider Proposed Tax Abatement and Five-Year Street Reconstruction Plan - Pdf 219 - 241 12.2. Receive Bids and Award a Contract for the 2024 Street Improvement Project Staff recommends acceptance of the bids and award of a contract for construction of the 2024 Street Improvement Project to Heselton Construction, LLC of Faribault in the amount of their bid $1,908,486.25 and authorize the Mayor and City Clerk to execute the same. This includes approval of a change order contingency of $190,000 (about 10% of the contract) be established as an aggregate of all change order increases with a maximum amount of $50,000 allowed for any single change order increase without prior City Council approval. Agenda Item: Receive Bids and Award a Contract for the 2024 Street Improvement Project - Pdf 242 - 255 12.3. Councilmember Resignation and Vacancy Adopt Resolution 2024-38 Accepting a City Councilmember’s Resignation and Declaring a Vacancy on the City Council. Agenda Item: Councilmember Resignation and Vacancy - Pdf 256 - 258 12.4. Selection of Acting Mayor for Remainder of 2024 1. Suspend by-laws as it relates to the prerequisites of the Acting Mayor as described in City Council By-laws Section 1, subd. 3. 2. Appoint a new Acting Mayor. Agenda Item: Selection of Acting Mayor for Remainder of 2024 - Pdf 259 - 260 13. CITY COUNCIL ROUNDTABLE Page 4 of 260 14. ADJOURN Page 5 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Lynn Gorski, City Administrator Department: Administration Subject: Update from County Commissioner Mike Slavik Meeting: Regular Council - May 06 2024 INTRODUCTION: Welcome County Commissioner Mike Slavik to provide an update on Dakota County items. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Please listen to Commissioner Slavik and ask any questions you may have. Page 6 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: New Employee Introductions Meeting: Regular Council - May 06 2024 INTRODUCTION: Respective department heads will introduce new employees to the Council including: Bradley Altermatt - Liquor Store Melissa Geis - Building Permit Technician Sean Majewski - Building Inspector Joe Pluta - Public Works Worker Isaac Scherbel - Public Works Worker DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Not applicable Page 7 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Lynn Gorski, City Administrator Department: Administration Subject: Recognition of Katie Porter's Contributions as City Councilmember Meeting: Regular Council - May 06 2024 INTRODUCTION: Not applicable DISCUSSION: Katie Porter was elected as Councilmember at the November 2020 General Election for a term starting January 2021 through December 2024. Katie submitted her resignation as Councilmember following May 6, 2024, meeting. BUDGET IMPACT: Not applicable ACTION REQUESTED: Please take this time to recognize Councilmember Katie Porter's contributions to the City of Farmington. Page 8 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: National Public Works Week Proclamation Meeting: Regular Council - May 06 2024 INTRODUCTION: 2024 marks the 64th Annual National Public Works Week sponsored by the American Public Works Association. are America North across municipalities and cities, provinces, States, other encouraged to celebrate with official government proclamations in recognition of the contribution public works makes to our community. DISCUSSION: It is in the public interest for the citizens, civic leaders, and children in our community to gain knowledge of public works activities and to maintain an ongoing interest and understanding of the importance of public works and public works programs. National Public Works Week will take place May 19–25, 2024. It is requested that the City of Farmington proclaim Public Works Week for these same dates in support and appreciation of our Public Works Staff. BUDGET IMPACT: There is no impact to the City budget. ACTION REQUESTED: Proclaim the week May 19–25, 2024 as National Public Works Week in Farmington. ATTACHMENTS: NPWW Proclamation 050624 Page 9 of 260 P R O C L A M A T I O N NATIONAL PUBLIC WORKS WEEK: MAY 19-25, 2024 WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Farmington; and WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who include maintenance workers, engineers, managers, and employees at all levels of government, who are responsible for building, improving, protecting, and operating our nation’s transportation corridors, water supply, wastewater systems, storm drainage systems, fleet, and other facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in Farmington to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association. NOW THEREFORE, I, Joshua Hoyt, Mayor, on behalf of the Farmington City Council, do hereby designate the week May 19–25, 2024 as National Public Works Week; and urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, maintenance workers, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Farmington, Minnesota, to be affixed on this 6th day of May 2024. ___________________________________ Joshua Hoyt, Mayor Page 10 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Gary Rutherford, Police Chief Department: Police Subject: Proclaim May 15, 2024 as Peace Officers Memorial Day and May 12-18 as Police Week Meeting: Regular Council - May 06 2024 INTRODUCTION: In 1962, President John F. Kennedy proclaimed May 15th to be Peace Officers Memorial Day and the week that May 15th falls in as Police Week. DISCUSSION: These proclamations are intended to recognize and honor the sacrifices made by the brave men and women of American law enforcement. Over the course of history, over 24,000 peace officers have given their lives in service to their communities. Each year during Police Week, the Farmington Police Department opens its doors and welcomes the public into its home for an Open House event. This year's Farmington Police Department Open House will be held on Saturday, May 18, 2024 from 11:00 am until 2:00 pm. BUDGET IMPACT: While the proclamation is without cost, the Open House typically costs around $5,000 to $6,000 and Public our to donations and funds combination of a by funded is budgeted Outreach/Community Engagement fund. ACTION REQUESTED: Mayor and Councilmembers are asked to read the included proclamation declaring May 15, 2024 as Peace Officers Memorial Day and May 12-18, 2024 as Police Week. ATTACHMENTS: Police Week Proclamation 2024 Page 11 of 260 P R O C L A M A T I O N PEACE OFFICERS MEMORIAL DAY, MAY 15, 2024 POLICE WEEK, MAY 12 – 18, 2024 WHEREAS, in 1962, President John F. Kennedy proclaimed May 15 as Peace Officers Memorial Day and the week it falls in as Police Week; and WHEREAS, there are more than 800,000 sworn law enforcement officers honorably serving in communities across the United States of America, including the dedicated men and women of the Farmington Police Department; and WHEREAS, the Farmington Police Department is a modern law enforcement agency providing a vital public service through our mission of SERVICE IN THE INTEREST OF PEACE AND JUSTICE; and WHEREAS, since 1786, over 24,000 law enforcement officers in the United States have made the ultimate sacrifice and died in the line of duty; and WHEREAS, in honor of Peace Officers Memorial Day and Police Week, the City of Farmington invites members of the public to honor the Farmington Police Department at their Police Week Open House on Saturday, May 18, 2024, from 11:00 am until 2:00 pm. NOW THEREFORE, I, Joshua Hoyt, Mayor, on behalf of the Farmington City Council, do hereby proclaim May 15th, 2024, as PEACE OFFICERS MEMORIAL DAY and also proclaim the week of May 12-18, 2024, as POLICE WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Farmington, Minnesota, to be affixed on this 6th day of May 2024. ___________________________________ Joshua Hoyt, Mayor Page 12 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Proclamation for Farmington Dew Days June 20-23, 2024 Meeting: Regular Council - May 06 2024 INTRODUCTION: A proclamation to allow an exception for the 2024 Farmington Dew Days festival. DISCUSSION: Farmington City Code, Section 3-11-4 Prohibition, states that it is unlawful for any person to drink or to display in an open container any intoxicating liquor or non-intoxicating malt liquor upon any public street, alley, sidewalk, walkway, or thoroughfare within the city limits of Farmington. exception, an grant to Council City allows by Exceptions, 3-11-5, Section Code, City the proclamation, for a specified period of time to accommodate a public, civic, or municipal activity, community-wide, such as a celebration or festival. A proclamation for Farmington Dew Days is attached. BUDGET IMPACT: Not applicable ACTION REQUESTED: Staff is recommending that the City Council approve the attached proclamation for Farmington Dew Days June 20-23, 2024. ATTACHMENTS: Dew Days Proclamation 2024 Page 13 of 260 P R O C L A M A T I O N FARMINGTON DEW DAYS WHEREAS, in 1979, Pepsi Cola announced that the citizens of Farmington drink more Mountain Dew per capita than any other city; and WHEREAS, a city festival was planned to celebrate, and the citizens of Farmington have continued to support this festival since 1979; and WHEREAS, Farmington City Code Section 3-11-5 allows the City Council to grant an exception to ordinance Section 3-11-4 Prohibition, which states that it is unlawful for any person to drink or to display in an open container any intoxicating liquor or non-intoxicating malt liquor upon any public street, alley, sidewalk, walkway, or thoroughfare within the city limits of Farmington; and WHEREAS, an exception to the ordinance will be made by proclamation for a specified period of time to accommodate a public, civic, or municipal activity, community-wide, such as a celebration or festival, where the public may enjoy local and regional music and arts, activities, history, and culture; and WHEREAS, the festival may have changed its name, location, and activities over the years, but the one thing that has not changed is the citizens of Farmington who love to celebrate each summer. NOW THEREFORE, I, Mayor Joshua Hoyt, on behalf of the City Council of the City of Farmington, do hereby proclaim an exception to City Code Section 3-11-4 for Dew Days from Thursday, June 20, through Sunday, June 23, and ask that the citizens of Farmington join me in celebrating: DEW DAYS – JUNE 20 THROUGH JUNE 23, 2024 IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Farmington, Minnesota, to be affixed on this 6th day of May 2024. ___________________________________ Joshua Hoyt, Mayor Page 14 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Application from VFW Post 7662 to Conduct Off-Site Gambling June 19 through November 30, 2024 Meeting: Regular Council - May 06 2024 INTRODUCTION: Approval of a Minnesota lawful gambling exempt permit application received from VFW Post 7662 to conduct off-site gambling (bingo) June 19 through November 30, 2024. DISCUSSION: Per State Statute and City Code, gambling permit applications must first be approved by the City of Farmington before the applicant may submit their application to the Gambling Control Board. VFW Post 7662 holds a current premise permit and is planning to conduct bingo in the back room of their building located at 421 3rd Street, Farmington, Minnesota, which is the reason for the off-site gambling application. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution 2024-35 Concurring with the Issuance of a Minnesota Lawful Gambling Permit to Conduct Off-Site Gambling (Bingo) - VFW Post 7662, 4June 19 through November 30, 2024. ATTACHMENTS: 2024-35 Gambling Off-Site Permit, VFW, June-Nov 2024 VFW Off-Site Gambling Application Page 15 of 260 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-35 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPT PERMIT TO CONDUCT OFF-SITE GAMBLING (BINGO) – VFW POST 7662, JUNE 19 THROUGH NOVEMBER 30, 2024 WHEREAS, VFW Post 7662 has made application for a Lawful Gambling Exempt Permit to the Gambling Control Board to conduct off-site gambling in the form of bingo; and WHEREAS, off-site gambling will be held in the back room of the VFW Post 7662, located at 421 3rd Street, Farmington, Minnesota; and WHEREAS, off-site gambling will be held from June 19 through November 30, 2024; and WHEREAS, the City of Farmington has no objections to the said activity. NOW, THEREFORE, BE IT RESOLVED that the Farmington Mayor and City Council hereby concur with the issuance of a Lawful Gambling Exempt Permit by the Gambling Control Board to the VFW Post 7662 to conduct off-site gambling in the back room of 421 3rd Street, Farmington, Minnesota, from June 19 through November 30, 2024. Adopted by the City Council of the City of Farmington, Minnesota, this 6th day of May 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 16 of 260 Page 17 of 260 Page 18 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the April 15, 2024 Regular City Council Meeting Meeting: Regular Council - May 06 2024 INTRODUCTION: Approve the minutes of the April 15, 2024 Regular City Council meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the April 15, 2024 Regular City Council meeting. ATTACHMENTS: 04.15.24 Council Minutes Page 19 of 260 Regular City Council Meeting Minutes of April 15, 2024 Page 1 of 4 City of Farmington Regular Council Meeting Minutes Monday, April 15, 2024 The City Council met in regular session on Monday, April 15, 2024, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Hoyt led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community & Economic Development Director Kim Sommerland, Finance Director Kellee Omlid, Parks & Recreation Director Tony Wippler, Planning Manager John Powell, Public Works Director Shirley Buecksler, City Clerk 4. APPROVE AGENDA Mayor Hoyt recommended that Item 12.1 be removed from the agenda for consideration at a future date. Motion was made by Councilmember Wilson and seconded by Councilmember Porter to approve the agenda with the removal of Item 12.1. Motion carried: 5 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS None 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS None Page 20 of 260 Regular City Council Meeting Minutes of April 15, 2024 Page 2 of 4 7. CONSENT AGENDA 7.1 Minutes of the April 1, 2024 Council Work Session 7.2 Minutes of the April 1, 2024 Regular City Council Meeting 7.3 Temporary On-Sale Liquor License for Star of the North Council No. 276, Allied Masonic Degrees, June 15, 2024 7.4 First Quarter 2024 New Construction Activity Report 7.5 Payment of Claims 7.6 Staff Changes and Recommendations, including the appointment(s) of: • Bradley Altermatt as part-time Liquor Store Clerk • Logan Stenson as Seasonal Arena Supervisor 7.7 Johnson Controls Planned Service Agreement 7.8 Farm Lease with Larry Rother 7.9 Joint Powers Agreement with City of Empire for Outdoor Warning Sirens 7.10 Resolution 2024-33 Declaring Items as Surplus: • 2018 Ford Interceptor Utility 7.11 Professional Services Agreement with WSB LLC for Construction Surveying and Materials Testing Services for the 2024 Street Improvement Project 7.12 Professional Services Agreement with WSB LLC for Construction Surveying and Materials Testing Services for the Well 5 Retaining Wall Repairs 7.13 Professional Services Agreement with WSB LLC for Construction Surveying, Geotechnical Evaluation, and Materials Testing Services for the Salt Storage Facility Motion was made by Councilmember Porter and seconded by Councilmember Lien to approve the Consent Agenda, as presented. Motion carried: 5 ayes / 0 nays 8. PUBLIC HEARINGS 8.1 Vacation of Drainage and Utility Easement within the St. Michael’s Addition Plat Mayor Hoyt opened the public hearing at 7:01 p.m. Planning Manager Wippler presented. Seeing no one wishing to speak, Mayor Hoyt closed the public hearing at 7:04 p.m. Motion was made by Councilmember Porter and seconded by Councilmember Bernatz to approve the vacation of drainage and utility easement within St. Michael’s Addition plat and adopt Resolution 2024 -29 Vacating Existing Drainage and Utility Easement St. Michael’s Addition. Motion carried: 5 ayes / 0 nays 9. AWARD OF CONTRACT None. Page 21 of 260 Regular City Council Meeting Minutes of April 15, 2024 Page 3 of 4 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1 St. Michael’s 3rd Addition Preliminary and Final Plat Planning Manager Wippler presented. Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to adopt Resolution 2024-31 Approving the St. Michael’s 3rd Addition Preliminary and Final Plat. Motion carried: 5 ayes / 0 nays 10.2 Vermillion Commons 3rd Addition Final Plat Planning Manager Wippler presented. Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adopt Resolution 2024-32 Approving and Authorizing Signing of Final Plat Vermillion Commons 3rd Addition. Motion carried: 5 ayes / 0 nays 11. UNFINISHED BUSINESS None 12. NEW BUSINESS 12.1 Amendment to 2024 Fee Schedule Regarding Alternate Formula for Calculating Development Fees – Item pulled for future consideration 12.2 Resolution 2024-30 Approving Annexation of Certain Property Pursuant to the Joint Resolution for Orderly Annexation by and Between the Township of Castle Rock and the City of Farmington Planning Manager Wippler presented. Motion was made by Councilmember Wilson and seconded by Councilmember Lien to adopt Resolution 2024-30 Approving Annexation of Certain Property Pursuant to the Joint Resolution for Orderly Annexation by and Between the Township of Castle Rock and the City of Farmington. Motion carried: 5 ayes / 0 nays. 12.3 Performance Review of the City Administrator Motion was made by Councilmember Bernatz and seconded by Councilmember Porter to go into closed session to conduct the performance evaluation of City Administrator Lynn Gorski, pursuant to Minnesota Statute 13D.05. Motion carried: 5 ayes / 0 nays Page 22 of 260 Regular City Council Meeting Minutes of April 15, 2024 Page 4 of 4 Motion was made by Councilmember Wilson and seconded by Councilmember Porter to return to open session. Motion carried: 5 ayes / 0 nays 13. CITY COUNCIL ROUNDTABLE 14. ADJOURNMENT Motion was made by Councilmember Porter and seconded by Councilmember Wilson to adjourn the meeting at 8:42 p.m. Motion carried: 5 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 23 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the April 29, 2024 Special Work Session Meeting: Regular Council - May 06 2024 INTRODUCTION: Minutes of the April 29, 2024 Special Work Session are attached for Council approval. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the April 29, 2024 Special Work Session. ATTACHMENTS: 04.29.24 Special Work Session Minutes Page 24 of 260 Work Session Minutes of April 29, 2024 Page 1 of 3 City of Farmington City Council Special Work Session Minutes Monday, April 29, 2024 The City Council met in a Work Session on Monday, April 29, 2024, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the Work Session to order at 5:30 p.m. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: Councilmember Katie Porter Staff Present: Lynn Gorski, City Administrator Deanna Kuennen, Community and Economic Development Director Tony Wippler, Planning Manager Kim Sommerland, Finance Director John Powell, Public Works Director Shirley Buecksler, City Clerk Also Present: Robb Lubenow, Co-Founder & Development Lead, Yellow Tree Vishal Dutt, Development Partner, Yellow Tree Jason Aarsvold, Ehlers Dakota County Commissioner Mike Slavil Jake Cordes, Resident 2. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays 3. DISCUSSION ITEMS 3.1 Farmington Apartments – Project Update and Financial Assistance Package Review Project Update: The development team of Vishal Dutt and Yellow Tree Development have proposed a market-rate multi-family housing development in Farmington on a 3-acre portion of the property owned by Hy-Vee. The location and conceptual layout of the project was presented to the City Council for discussion in late December and again in early January, which resulted in a Page 25 of 260 Work Session Minutes of April 29, 2024 Page 2 of 3 refined project proposal that incorporates a new road layout per the request of the City Council and, ultimately, increased the overall unit count. The final proposed project includes: • 4-story building with 168 market-rate apartments (mix of unit size) • 252 parking spaces (mix of surface and underground parking) • Outdoor amenity space • $40 million+ estimated total investment • New road alignment (Dushane Parkway/Spruce Street intersection) Financial Assistance Review As was identified during the work sessions, the project requires some level of assistance in order to be financially feasible. Based on the refined project design, the development team submitted a Business Subsidy application and all documentation necessary to evaluate the project, the project assumptions, and expected returns. Jason Aarsvold of Ehlers has analyzed the pro forma to right-size the financial assistance and determine the appropriate level of assistance required to move the project forward. Working within the parameters discussed at the January work session of a maximum of 10 years of abatement of City-only taxes (plus the partial waiver of the special assessment), the tax abatement recommendation includes: • 5 years of 100% abatement City taxes • 5 years of 75% abatement City taxes The next steps for the project include scheduling and conducting the tax abatement public hearing, completing the entitlement and lot split process, and authorizing the waiver of a portion of the existing special assessment. Upon successful completion of these steps, the development team plans on starting construction this summer. Discussion and direction: • Council appreciated the new building design. • Preference for the T-intersection concept for the new road alignment. • Engineering to work on a concept to bring to the Community Development Authority (CDA) regarding the T-intersection concept with no drop-off zone from Dushane and greenspace next to the CDA building. • Public hearing planned for May 20th. • Development agreements will articulate expectations of both parties. • Road design can start right away to align with their construction schedule. • Construction is estimated to begin in July. 4. COUNCIL COMMITTEE UPDATE No update. Page 26 of 260 Work Session Minutes of April 29, 2024 Page 3 of 3 5. CITY ADMINISTRATOR UPDATE No update. 6. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adjourn the meeting at 6:32 p.m. Motion carried: 4 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 27 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Leah Koch, City Attorney Department: City Attorney Subject: Summary of City Administrator's Closed Session Performance Review Meeting: Regular Council - May 06 2024 INTRODUCTION: Attached is the summary of the City Administrator's performance review as required under Minnesota Statute, section 13D.05, subdivision 3(a). Per the employment contract with the City Administrator, future salary adjustments shall be made in the same manner as provided to non-union employees, depending on the results of the review. Based on the review, the City Administrator will be receiving a step increase backdated to March 22, 2024, the anniversary of her employment with the City. The City Administrator will also receive other annual adjustments as non-union employees do at the turn of the year (i.e. cost of living adjustments). DISCUSSION: Not applicable BUDGET IMPACT: Salary increase was included in the 2024 budget. ACTION REQUESTED: Approve the attached summary of the performance review. ATTACHMENTS: DOCS-#230762-v1-SUMMARY_MEMO_TO_COUNCIL_RE_2024_ADMINISTRATOR_REVIEW Page 28 of 260 El l i o t t B. Kn e t s c h An d r e a Mc D o w e l l Po e h l e r So r e n M. Ma t t i c k Da v i d S. Ke n d a l l Ja r e d D. Sh e p h e r d He n r y A, Sc h a e f f e r , Il l Al i n a Sc h w a r t z Ja m e s ]. Mo n g é , [1 1 Je r o m e M, Po r t e r Le a h C. M , Ko c h Me a g a n K. Ke l l e y Be n j a m i n ] . Co l b u r n Ca r a A. Mc D o n a l d ja c k S. Br o o k s h a n k Co l e A. Bi r k e l a n d Am y KL . Sc h m i d t jo e l J. Ja n i n i k ’ 'O f Co u n s e l Th o m a s 1. Ca m p b e l l * Ro g e r N. Kn u t s o m ‘ *R e t i r e d Gr a n d Oa k Of ? c e Ce n t e r I 86 0 Bl u e Ge n t i a n Ro a d Su i t e 29 0 Ea g a n , Mi n n e s o t a 55 1 2 1 Ma i n : 65 1 - 4 5 2 - 5 0 0 0 Fa x : 65 1 4 3 4 - 6 2 3 7 \k u : ck - la w . co m CA M P B E L L KN U T S O N TO : Ma y o r an d Ci t y Co u n c i l m e m b e r s Ly n n Go r s k i , Ci t y Ad m i n i s t r a t o r FR O M : Le a h Ko c h , Ci t y At t o r n e y DA T E : Ap r i l 25 , 20 2 4 RE : Ci t y Ad m i n i s t r a t o r Ev a l u a t i o n Su m m a r y Re p o r t Pu r s u a n t to th e St a t e ’ s Op e n Me e t i n g La w , Mi n n . St a t . § l3 D . 0 5 , su b d . 3( a ) , th e Ci t y Co u n c i l co n d u c t e d a cl o s e d me e t i n g fo r ap p r o x i m a t e l y on e ho u r an d 20 mi n u t e s as pa r t of it s Ap r i l 15 , 20 2 4 Re g u l a r Co u n c i l Me e t i n g to ev a l u a t e th e pe r f o r m a n c e of Ci t y Ad m i n i s t r a t o r Ly n n Go r s k i . Al l Ci t y Co u n c i l m e m b e r s , in c l u d i n g th e Ma y o r , Ad m i n i s t r a t o r Go r s k i , an d I at t e n d e d th e cl o s e d se s s i o n . St a t e la w re q u i r e s th a t , at it s ne x t op e n me e t i n g , th e pu b l i c bo d y sh a l l su m m a r i z e it s co n c l u s i o n s re g a r d i n g th e ev a l u a t i o n . Th e fo l l o w i n g is su b m i t t e d fo r Co u n c i l re v i e w an d ap p r o v a l as a su m m a r y of th e ev a l u a t i o n co n d u c t e d on Ap r i l 15 ‘ “ . Th e an n u a l re v i e w tr a d i t i o n a l l y oc c u r s ar o u n d th e an n i v e r s a r y of th e Ad m i n i s t r a t o r ’ s hi r i n g da t e . Th i s me e t i n g is al s o me a n t to re v i e w pr o p o s e d ob j e c t i v e s fo r th e Ci t y Ad m i n i s t r a t o r fo r th e fu t u r e . At th e me e t i n g , th e Co u n c i l re c e i v e d a br i e f su m m a r y re p o r t th a t or g a n i z e d th e re s u l t s of th e su r v e y co m p l e t e d by ea c h Co u n c i l m e m b e r . Th a t re p o r t sh o w e d th a t Ad m i n i s t r a t o r Go r s k i wa s me e t i n g or ex c e e d i n g ex p e c t a t i o n s fo r ea c h Co u n c i l m e m b e r in al l ca t e g o r i e s : Le a d e r s h i p , Co m m u n i c a t i o n , Qu a l i t y of Wo r k , Ci t y Co u n c i l / C i t y Ad m i n i s t r a t o r Re l a t i o n s h i p , an d Ov e r a l l Ra t i n g . Ea c h of th e Co u n c i l m e m b e r s in d i c a t e d th a t th e r e we r e no de ? c i e n c i e s or pr o b l e m ar e a s as ne e d i n g im p r o v e m e n t . Ad m i n i s t r a t o r Go r s k i pr o v i d e d Co u n c i l wi t h a su m m a r y of he r pe r s o n a l al s o di s c u s s e d he r su c c e s s ? i l ef f o r t s to ad d r e s s st a f ? n g ch a l l e n g e s , to mo d i f y th e bu d g e t pr o c e s s ti m e l i n e , to co m m u n i c a t e cl e a r l y wi t h de p a r t m e n t he a d s , an d to fa c i l i t a t e st a k e h o l d e r en g a g e m e n t . 23 0 7 S l v 2 Page 29 of 260 Pa g e 2 Ap r i l 25 , 20 2 4 Ma y o r , Co u n c i l m e m b e r s , Ad m i n i s t r a t o r Th e Co u n c i l m e m b e r s ea c h ex p r e s s e d th e i r ap p r e c i a t i o n fo r th e Ci t y Ad m i n i s t r a t o r ’ s sk i l l s , pa r t i c u l a r l y in th e ?e l d s of co m m u n i c a t i o n an d cu l t u r e - b u i l d i n g . Co u n c i l m e m b e r s no t e d th e hi g h — qu a l i t y an d pr o d u c t i v e wo r k th a t is be i n g do n e at Ci t y Ha l l at al l le v e l s pa r t i c u l a r l y in th e ar e a s of pa r k s , ro a d s , an d de v e l o p m e n t pr o j e c t s . Co u n c i l m e m b e r s ex p r e s s e d tr u s t in th e Ci t y Ad m i n i s t r a t o r ’ s co n ? d e n c e an d ac c o u n t a b i l i t y , an d en c o u r a g e d he r to re l y on he r te a m to de l e g a t e mo r e ta s k s . Se v e r a l Co u n c i l m e m b e r s th a n k e d th e Ci t y Ad m i n i s t r a t o r fo r he r po s i t i v e at t i t u d e , pr o f e s s i o n a l i s m , di p l o m a c y , an d tr u s t w o r t h i n e s s . Ac t i o n Re g u e s t e d Ap p r o v e th i s su m m a r y of th e pe r f o r m a n c e ev a l u a t i o n Re s p e c t f u l l y su b m i t t e d , /s / Le a h Ko c h Le a h Ko c h Ci t y At t o r n e y 23 0 7 5 1 v 2 Page 30 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Agreement with Entertainment Plus for DJ Services for the Dew Run Meeting: Regular Council - May 06 2024 INTRODUCTION: The 44th Annual Dew Run is Saturday, June 22, 2024. The 1-mile race starts at 8:00 a.m., ½-mile jr. jog at 8:15 a.m., and 4-mile race at 8:30 a.m. DISCUSSION: Entertainment Plus will provide the DJ for the 44th Annual Dew Run. Services include playing music, providing updates on the races, publicizing and thanking sponsors, and announcing race winners. The music played will be pop rock; like what people would experience at a wedding reception. The agreement is attached. The City Attorney reviewed the attached agreement and found it to be acceptable. BUDGET IMPACT: The cost for the services Entertainment Plus will be providing is $340. The cost for DJ services will be for budget operational approved Department Parks and the through funded Recreation contractual services monies in the recreation program services budget. ACTION REQUESTED: Approve the attached agreement with Entertainment Plus for DJ services for the 44th Annual Dew Run on June 22, 2024. ATTACHMENTS: Agreement with Entertainment Plus Page 31 of 260 Page 32 of 260 Page 33 of 260 Page 34 of 260 Page 35 of 260 Page 36 of 260 Page 37 of 260 Page 38 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Agreement with Wayzata Results for Race Result Timing Services Meeting: Regular Council - May 06 2024 INTRODUCTION: The 44th Annual Dew Run is scheduled for Saturday, June 22, 2024. DISCUSSION: The Dew Run includes 1 Mile, 4 Mile, and ½ Mile Jr. Jog races. Wayzata Results will be providing race result timing services for the 1 Mile and 4 Mile races. The services include timing, results, generic has Wayzata attached. is agreement Results chips. and clock, display bibs, The successfully provided race result timing services for the Dew Run in the past including last year and are great to work with. The City Attorney reviewed the attached agreement and found it to be acceptable. BUDGET IMPACT: The cost for the services Wayzata Results will be providing is $600 plus $2 per entry and $0.67 per mile for travel. The cost for race result timing services will be funded through the Parks and Recreation the in monies services contractual approved budget operational Department for recreation program services budget. ACTION REQUESTED: Approve the attached agreement with Wayzata Results for race result timing services for the 44th Annual Dew Run on June 22, 2024. ATTACHMENTS: Agreement with Wayzata Results Page 39 of 260 1998 Schoolmaster Dr Chaska, MN 55318 612-849-0713 www.wayzataresults.com Service Contract – Road Races For: City of Farmington 430 3rd Street Farmington, MN 55024 Date of Service: 6/22/2024 Venue: Event Name: Dew Run Event Type: Road Race Timing Option: Chip Timing Services Included: Timing, Results, Generic Bibs, Display Clock, Chips Customer Responsibilities: Payment Terms: $________ Within 35 days of Invoice Received Deposit Required: $0 Hotel: N/A Travel: $0.67 per mile Price(s) (estimate): Bib Chips (Do not need to be returned): $600 + $2/entry Finish mat only This contract between the customer listed above and Wayzata Results, Inc. agree to the following service package detailed on the second page, including responsibilities of both the customer and Wayzata Results, Inc.. PLEASE SIGN AND EMAIL (or mail) THIS AGREEMENT TO WAYZATA RESULTS, INC. AS SOON AS POSSIBLE. WHEN WE RECEIVE THIS AGREEMENT, IT OFFICIALLY ENTERS YOUR MEET INTO OUR SERVICE CALENDAR. THANK YOU! Page 40 of 260 x Josh Gerber x Josh Gerber Joshua Hoyt, Mayor Owner/Event Operations Director x Shirley R Buecksler, City Clerk Page 41 of 260 Service Agreement This Service Agreement (“Agreement”) is dated as of date listed on the first page of this agreement, by and between the customer detailed on the first page (“Customer”) and Wayzata Results, Inc.. (“Provider”). The Parties agree as follows: 1. SERVICES: a) The Provider will perform the services indicated on the first page of this document. b) Generic Bibs: Generic bibs (if agreed upon & listed in the services above) are bibs that may have other logos and events on them. We will however, try to limit the use of other event bibs for use with your event. We will use (in order) bibs with Athletic.net logos first, RoadId (or other non- event specific bibs), Cross Country Event bibs, other road race bibs (last resort) c) We will make every effort to use only generic Athletic.net bibs or RoadId bibs. 2. TIME OF COMPLETION: a) The services described above shall be completed in a timely manner on the date of the event. Any post-event services will be completed in a timely manner consistent with the abilities of the Provider to perform those services. 3. PAYMENT/FEES: a) The Customer shall pay the Provider for the services to be performed under the Agreement the sum listed on the first page of this document. b)There is a $300 non-refundable fee for holding the date – see deposit required field c) Once the registration deadline or after teams have started registering for your event, or if the meet is already seeded there is a 50% charge (or the $300 holding fee – whichever is greater). d) If the event is canceled after we leave for the event there is 75% charge plus mileage (or the $300 holding fee plus mileage – whichever is greater). e) If the event is canceled once we arrive on site there is 100% charge. f) Payments must be received within 35 days of completion of the event in full. If payment is not made within 35 days there will be a 1.5% accrued per month . 4. GENERAL PROVISIONS: a) All work shall be completed in a workmanship like manner, and if applicable, in compliance with all building codes and other applicable laws. b) To the extent required by law all work shall be performed by individuals duly licenses and authorized by law to perform the work. c) Provider warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Provider or its employees. Including the following minimum coverages: Workers Compensation as required by statute. Commercial General Liability: $1,000,000 property damage and bodily injury per occurrence $1,000,000 general aggregate d) Provider shall not be liable for any delay due to circumstance beyond its control. e) The full balance of the agreement will be paid if the event is canceled after the Provider arrives at the event. f) If the event is postponed or the date is changed from that listed on the first page of this agreement, the Provider will make every attempt to accommodate the new date. g) Provider is not to be held liable for inability to perform services based on the Customer’s failure to meet necessary conditions stated in the service responsibilities detailed on the first page of this agreement. h) Any changes to this document must be set forth in writing by both Customer and Provider. The entire agreement of the parties is contained herein. Page 42 of 260 i) Customer is responsible for any damage to equipment due to participants, officials, coaches, spectators, et all. j) Customer is NOT responsible for damage due by acts of God (example: weather) k) Provider shall 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 Prov ider pursuant to this Agreement. In the event Provider receives a request to release data, Provider must immediately notify City. City will give Provider instructions concerning the release of the data to the requesting party before the data is released. The terms of this paragraph shall survive the cancellation or termination of this Agreement. l) Claims for services furnished by the Provider not specifically provided for herein shall not be honored by the Customer. Page 43 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Application from Farmington Youth Hockey Association to Conduct Off-Site Gambling June 20-23, 2024 Meeting: Regular Council - May 06 2024 INTRODUCTION: Approval of a Minnesota lawful gambling exempt permit application received from Farmington Youth Hockey Association to conduct off-site gambling (pull-tabs and bingo) June 20-23, 2024. DISCUSSION: Per State Statute and City Code, gambling permit applications must first be approved by the City of Farmington before the applicant may submit their application to the Gambling Control Board. Farmington Youth Hockey Association will conduct pull-tabs and bingo during Farmington Dew Days, June 20-23, 2024. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution 2024-36 Concurring with the Issuance of a Minnesota Lawful Gambling Exempt Permit Hockey Youth Farmington - Bingo) (Pull-Tabs Gambling Off-Site Conduct to and Association, June 20-23, 2024. ATTACHMENTS: 2024-36 Gambling Off-Site Permit, Farmington Youth Hockey Assn, June 20-23, 2024 2024-36 Farmington Youth Hockey Assn Application Page 44 of 260 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-36 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPT PERMIT TO CONDUCT OFF-SITE GAMBLING (PULL-TABS AND BINGO) – FARMINGTON YOUTH HOCKEY ASSOCIATION, JUNE 20-23, 2024 WHEREAS, Farmington Youth Hockey Association has made application for a Lawful Gambling Exempt Permit to the Gambling Control Board to conduct off-site gambling in the form of pull-tabs and bingo; and WHEREAS, off-site gambling will be held at the Rambling River Center, 325 Oak Street, Farmington, Minnesota; and WHEREAS, the City of Farmington has no objections to the said activity. NOW, THEREFORE, BE IT RESOLVED that the Farmington Mayor and City Council hereby concur with the issuance of a Lawful Gambling Exempt Permit by the Gambling Control Board to the Farmington Youth Hockey Association to conduct off-site gambling at the Rambling River Center, 325 Oak Street, Farmington, Minnesota, June 20-23, 2024. Adopted by the City Council of the City of Farmington, Minnesota, this 6th day of May 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 45 of 260 Page 46 of 260 Page 47 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Request to Waive Fees for 2024 Dew Days Celebration Meeting: Regular Council - May 06 2024 INTRODUCTION: The annual Dew Days celebration is June 20 – 23, 2024. Permits and fees would normally be required for events related to the 2024 Dew Days celebration. DISCUSSION: The Dew Days Committee is requesting City Council waive the fees for the permits and fees required for the Dew Days celebration. City Council has approved the waiver of fees in previous years. BUDGET IMPACT: Exhibition Temporary Outdoor (Ord 3-17-4) 2024 Fee @ $50 Each Name of Event Location of Event Event Fee Dew Days Activities Rambling River Center, Parking Lot $50 City Facility 2024 Rental Fees Name of Event Location of Event Event Fee Beverage Garden Rambling River Center, Garage $800 Blood Drive Rambling River Center, Banquet Room $800 Waffle Breakfast Prep Rambling River Center, Banquet Room $400 Farmington Ambassadors Rambling River Center, Multiple Rooms $1,777 Committee Meetings Rambling River Center, Ross Room $840 Total amount of fees waived for 2024 Dew Days Celebration $4,667 Page 48 of 260 The fees for the Dew Days celebration were not budgeted as revenue in the City’s 2024 budget. In addition to the waiver of fees, the City doesn’t charge Dew Days for Staff time for, but not limited to, attending meetings, hanging banners, posting and enforcing No Parking zones, placing and moving barricades as necessary, and organizing and staffing events. ACTION REQUESTED: Approve the request to waive fees for the 2024 Dew Days celebration and authorize the City Administrator to consider waiving additional fees that may come up during event planning. Page 49 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donations to the Dew Run Meeting: Regular Council - May 06 2024 INTRODUCTION: Donations for the 44th Annual Dew Run were received from Imperial Family Chiropractic and Kwik Trip. DISCUSSION: The 2024 Dew Run will be held Saturday, June 22. The 1-mile race starts at 8:00 a.m., ½-mile jr. jog at 8:15 a.m., and 4-mile race at 8:30 a.m. Imperial Family Chiropractic recently made a $300 donation to sponsor the Dew Run. Kwik Trip donated $100 in gift cards to be used to purchase water and fruit for the event from the Farmington store. Staff will communicate the City’s appreciation on behalf of the City Council to Imperial Family Chiropractic and Kwik Trip for these generous donations. ACTION REQUESTED: Adopt Resolution 2024-34 accepting the donations from Imperial Family Chiropractic and Kwik Trip to the Dew Run. ATTACHMENTS: 2024-34 Accepting Donations from Imperial Family Chiropractic and Kwik Trip Page 50 of 260 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-34 A RESOLUTION ACCEPTING DONATIONS TO THE DEW RUN WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Imperial Family Chiropractic has donated $300; and Kwik Trip has donated $100 in gift cards; 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 donations of $300 from Imperial Family Chiropractic and $100 in gift cards from Kwik Trip. Adopted by the City Council of the City of Farmington, Minnesota, this 6th day of May 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 51 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Temporary On-Sale Liquor License for Farmington Municipal Liquors, June 20, 2024 Meeting: Regular Council - May 06 2024 INTRODUCTION: Approval of a Temporary On-Sale Liquor License for Farmington Municipal Liquors for an event to be held on June 20, 2024 at the Rambling River Center, 325 Oak Street, west parking lot, Farmington. DISCUSSION: Farmington Municipal Liquors is hosting an event during Dew Days on June 20, 2024 and is requesting approval of a Temporary On-Sale Liquor License. This event will be held in the west parking lot of the Rambling River Center. BUDGET IMPACT: Not applicable ACTION REQUESTED: Staff recommends approval of a Temporary On-Sale Liquor License for Farmington Municipal Liquors for an event on June 20, 2024 at the Rambling River Center, 325 Oak Street, west parking lot, Farmington. ATTACHMENTS: Temp On-Sale Liquor License, Farmington Municipal Liquors, June 20 (Dew Days) Page 52 of 260 Page 53 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Temporary On-Sale Liquor License for The Rotary Club of Farmington, June 20- 22, 2024 Meeting: Regular Council - May 06 2024 INTRODUCTION: Approval of a Temporary On-Sale Liquor License for The Rotary Club of Farmington for an event to be held June 20-22, 2024 at the Rambling River Center, 325 Oak Street, outdoor concert area. DISCUSSION: The Rotary Club of Farmington is requesting approval of a Temporary On-Sale Liquor License for an event at Rambling River Center's outside concert area. The Temporary On-Sale Liquor License is in conjunction with Farmington Dew Days. BUDGET IMPACT: Not applicable ACTION REQUESTED: Staff recommends approval of a Temporary On-Sale Liquor License for The Rotary Club of Farmington for an event to be held June 20-22, 2024 at Rambling River Center, 325 Oak Street, Farmington. ATTACHMENTS: Temp On-Sale Liquor License, Rotary Club of Farmington, June 20-22 (Dew Days) Page 54 of 260 Page 55 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Financial Review for the Quarter Ending December 31, 2023 Meeting: Regular Council - May 06 2024 INTRODUCTION: Staff reviews the financial performance of the General Fund and several other funds with the City Council quarterly. The statements for the final quarter of 2023 are provided for your review. DISCUSSION: The numbers presented in the reports being provided are preliminary. The final numbers will be presented by the City's auditor, MMKR, in the coming months after the 2023 audit is complete. The following provides a summary of the General Fund and highlights notable items for the other funds. General Fund Revenue For 2023, the General Fund revenues budget was $16,884,783 including transfers. During the year, the City recorded General Fund revenues totaling $17,705,632 or 104.86% of total budgeted revenues. Property taxes represent the majority of total General Fund revenues, accounting for 74% of the total revenue including transfers in 2023. Property taxes are generally payable in two installments, May and October, and collected by the County. The City receives its share from the County in June and December. The other types of revenues in the General Fund consist of licenses, permits, intergovernmental revenue, charges for services, fines, investment income, franchise fees, rental income and miscellaneous revenues. Business license revenue includes fees collected for liquor, beer and wine, tobacco, massage, and animal licenses. As of year-end, license revenues are at $44,574, which is slightly above budget and within $500 of the prior year results. Permit revenue includes, but is not limited to, building, plumbing, heating, electric, and right-of-way permits. The revenue for 2023 totals $883,158, exceeding budget projections by $11,038 and prior year levels by $104,498. Page 56 of 260 Intergovernmental revenue includes municipal state aid (MSA) maintenance, police and fire aid, and federal, state, and local grants. Revenue levels decreased from 2022, primarily due to the loss of Local Government Aid (LGA). Charges for services include revenue generated primarily from fees for fire, recreation, and school resource officer (SRO) services. Fees for fire protection of Empire, Castle Rock and Eureka townships account for the largest portion, $369,491, of the current year revenue. The schools are billed based on the personnel costs of the SRO on a quarterly basis. In 2023, the revenue from SRO services totals $83,206. Park and recreation programs, which are primarily offered in the summer, continue to show improvement over prior year revenues, increasing revenue from 2022 by approximately $21,435. Fines revenue of $57,509 exceeds budget projections by $2,509 and is comparable to 2022 revenue. Investment income consists of investment earnings from the City’s portfolio and the annual mark-to- market calculation to recognize the market value of the investment portfolio. At the end of 2022, this calculation resulted in a significant unrealized charge to interest income for the year. The charge was due to interest rates being increased very high and very quickly. As a result, laddered portfolios were not able to keep pace with the increase in rates by the Federal Reserve with the outcome being a portfolio that is valued less than market. This charge would only be realized if the City were to sell its portfolio, though the City’s policy is to hold investments until maturity. With the Federal Reserve increasing rates over the course of the last year, the yields on investments in the City’s portfolio have improved. This has resulted in a positive mark-to-market calculation. The unrealized amount due to the mark-to-market calculation accounts for $159,604 of the total $363,980 in 2023. Rental income includes fees collected primarily for the rental of the Rambling River Center (RRC), city hall space by the USDA, and the fire station space by Allina Health. Rental income in 2023 was $2,033 less than 2022. Franchise fee revenue in the General Fund represents the transfer of a portion of the City’s franchise fee revenue to the General Fund to help pay for City operations. The remainder of the franchise fees are used to pay for the City’s cable operations. Other revenue includes donations, sales of assets, and any other types of revenues that don’t fit into a specific category. Expenditures Overall, 2023 General Fund expenditures, including transfers, total $16,548,699 and are less than budget by $336,084. Explanations are provided below for departments ending the year with a budget deficit. The Administration department exceeds budget due primarily to the costs associated with the USDA buildout and personnel costs. The Human Resources department exceeds budgeted levels due to employment testing costs. The Finance department exceeds budget year to date due to increases in property and liability premium costs. Page 57 of 260 Park Maintenance exceeds budget due primarily to personnel and equipment supplies, while the Rambling River Center budget deficit is largely related to programming costs that surpassed budget. As for Park & Recreation Administration, it is professional services causing the division to be over budget. EDA, Park Improvement, and Arena The EDA (Economic Development Authority), Park Improvement Fund, and Ice Arena activities have historically been of interest to the City Council and, therefore, are included for review. EDA Revenues for the EDA include project administration fees, interest income and transfers from the General Fund. Expenditures include professional services, grant awards, membership fees, and travel and training costs. Park Improvement Fund The Park Improvement fund revenue includes park development fees and park dedication fees totaling $177,311, farm lease payments of $8,560, and interest income of $60,142. Expenditures for the year include costs related to the update of the parks master plan and park dedication study, and development of Flagstaff Meadows Park including playground equipment, landscaping, signage, and trail construction. Arena Revenues for the arena surpassed 2022 due to increased ice rental revenues. Expenditures exceed prior year levels due predominantly to costs related to IT services, mechanical equipment repairs and replacement. Enterprise Funds The City operates six utility funds: liquor operations, sewer operations, solid waste, storm water, water, and street lighting. Liquor Operations The City has two financial benchmarks for its liquor operations. The first is a 25% gross profit margin. In total, the stores met the target with a gross profit margin of 25.37%. The second standard is a 6% profit as a percent of sales. This is evaluated on a combined basis. For the year end, the operation exceeded the standard and reported an 8.16% profit as a percentage of sales. Sales for the year have increased by $378,187 or 5.92% over 2022. The City’s downtown store has increased sales by $238,159, while the Pilot Knob store increased sales by $140,027. After each calendar year, Staff reviews the combined financial results of the two liquor stores, determines the amount of funds needed to cover day-to-day operations and administrative transfers to the General Fund. The remaining funds are divided evenly and transferred into the Community Investment and Capital Improvement accounts. Each year, Staff utilizes actual financial results to fund these four “pots”. Staff periodically make recommendations to the City Council on how to best invest available dollars in the Community Investment pot to benefit the community. Meanwhile, the capital improvement dollars are available for future liquor store capital building needs (e.g., remodeling, updating, relocation, possible building, etc.). The transfer is completed as part of the audit process. Sewer Operations Revenues for the Sewer fund reflect an increase of $956,150 as compared to 2022 due to Page 58 of 260 increased charges for services revenue and capital contributions for the Spruce/Division Street project. Expenses have increased due to a rise in Metropolitan Council Environmental Services (MCES) fees, which are fees charged to treat the City’s wastewater, based on the volumes processed. In addition, the fund realized increased costs related to repairs and professional services. Solid Waste The City ceased its solid waste operation as of December 31, 2021. Activity in the fund during 2023 represents revenues for final billing of services, interest earned, contracted sanitation and recycling services, and trash receptacles for the downtown area. Storm Water Storm water revenue increased from 2022 with the increased collection of service fees and capital contributions related to the Spruce/Division Street project. Expenses for the Storm Water operation reflect a moderate decrease from the prior year end. The decrease can be traced to increased 2022 pond maintenance costs. Water Revenues for the Water Fund reflect increases in all revenue categories compared to 2022. Other revenue is related to capital contributions from the Spruce/Division Street project. Expenses increased moderately, primarily due to increases in repair and maintenance costs of water infrastructure. Streetlights The operating surplus for the streetlight fund increased from 2022 by $23,365, primarily due to interest income. BUDGET IMPACT: The budget impacts have been noted above as appropriate. ACTION REQUESTED: Accept the financial reports for the quarter ending December 31, 2023. ATTACHMENTS: 2023 Q4 Financial Reports Page 59 of 260 GENERAL FUND STATEMENT OF REVENUES ‐ BUDGET TO ACTUAL  2023 2023 2023 2022 ANNUAL CURRENT YTD BUDGET PERCENT YTD REVENUE SOURCE BUDGET MONTH ACTUAL BALANCE COLLECTED ACTUAL Taxes 13,087,930$    6,174,315$       13,072,957$    14,973$            99.89% 12,055,520$     Business Licenses 43,350                ‐                     44,574               (1,224)               102.82% 45,069                Building Permits 872,120            91,535               883,158            (11,038)             101.27% 778,659             Fines and Forfeits 55,000               7,042                 57,509               (2,509)               104.56% 58,400                Intergovernmental:    Local Government Aid ‐                          ‐                      ‐                      ‐                     105,587                Law  Officers Training         Reimbursement 25,000                ‐                     22,224               2,776                 88.90% 25,370                   MSA Maintenance 185,400             ‐                     257,391            (71,991)             138.83% 333,718                State Aid Police/Fire 400,000             ‐                     480,251            (80,251)             120.06% 439,056                Grants‐Federal 3,100                 5,828                 10,423               (7,323)               336.22% 22,767                   Other 9,820                 29,800               81,880               (72,060)             833.81% 58,308                Charges for Services:     General government 11,650               1,473                 9,465                 2,185                 81.24% 15,311                   Public Safety   346,169            305,351            462,216            (116,047)           133.52% 444,644                Public Works 14,000               15,940               111,804            (97,804)             798.60% 147,742                Park and Recreation 89,100               6,303                 110,609            (21,509)             124.14% 89,174                Miscellaneous Revenues       Investment Income 51,000               186,599            363,980            (312,980)           713.69% (178,658)                Rental Income 36,710               3,591                 49,934               (13,224)             136.02% 51,968                    Franchise Fees 145,000            6,618                 145,000             ‐                     100.00% 145,000                 Other  11,700               7,977                 44,523               (32,823)             380.54% 30,686                Transfers 1,497,734         124,811            1,497,734          ‐                     100.00% 1,427,858                      Total 16,884,783$    6,967,183$       17,705,632$    (820,849)$         104.86% 16,096,179$     CASH BALANCE  $         8,922,605  CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 Page 60 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT GENERAL FUND STATEMENT OF EXPENDITURES ‐ BUDGET TO ACTUAL  2023 2023 2023 ANNUAL CURRENT YTD BUDGET PERCENT DEPARTMENT/DIVISION BUDGET MONTH ACTUAL BALANCE EXPENDED  ADMINISTRATION     Legislative 110,262$          6,108$               117,002$          (6,740)$              106.11%     Administration 528,826             114,041             540,403             (11,577)              102.19%     Elections 10,000               6,526                 9,628                 372                     96.28%     Communications 134,785             8,917                 107,327             27,458               79.63%     City Hall 375,650             139,894             554,311             (178,661)           147.56%                Total 1,159,523$       275,487$          1,328,673$       (169,150)           114.59% HUMAN RESOURCES       Human Resources 401,235$          41,217$             407,017$          (5,782)$              101.44%                Total 401,235$          41,217$             407,017$          (5,782)                101.44% DAKOTA BROADBAND      Dakota Broadband 45,500$             1,161$               10,488$             35,012$             23.05%                Total 45,500$             1,161$               10,488$             35,012$             23.05% FINANCE AND RISK MANAGEMENT     Finance 658,857$          48,135               658,247$          610$                  99.91%     Risk Management 189,550             17,388               208,651             (19,101)              110.08%                Total 848,407$          65,522$             866,898$          (18,491)$           102.18% POLICE     Police Administration 1,382,034$       102,982$          1,380,966$       1,068$               99.92%     Patrol Services 3,228,428         245,309             3,172,151         56,277               98.26%     Investigations 1,032,707         61,515               892,160             140,547             86.39%     Emergency Management 21,400               619                     16,987               4,413                 79.38%                Total 5,664,569$       410,425$          5,462,264$       202,305$          96.43% FIRE     Fire 1,742,006$       187,149$          1,658,998$       83,008$             95.23%                 Total 1,742,006$       187,149$          1,658,998$       83,008$             95.23% COMMUNITY DEVELOPMENT     Planning 554,687$          48,271$             514,138$          40,549$             92.69%     Building Inspections 685,022             42,442               685,202             (180)                   100.03%                Total 1,239,709$       90,714$             1,199,340$       40,369$             96.74% ENGINEERING      Engineering 672,459$          63,149$             608,865$          63,594$             90.54%      Natural Resources 142,284             11,180               139,801             2,483                 98.25%               Total 814,743$          74,329$             748,666$          66,077$             91.89% MUNICIPAL SERVICES      Streets 1,436,409$       108,590$          1,357,887$       78,522$             94.53%      Snow Removal 280,165             38,462               242,283             37,882               86.48%               Total 1,716,574$       147,052$          1,600,170$       116,404$          93.22% RECREATION SERVICES      Park Maintenance 979,476$          79,097$             1,020,219$       (40,743)$           104.16%      Rambling River Center 204,199             18,647               207,462             (3,263)                101.60%      Park & Recreation Admin 210,945             19,384               220,983             (10,038)              104.76%      Recreation Programs 215,875             13,522               175,501             40,374               81.30%                Total 1,610,495$       130,651$          1,624,165$       (13,670)$           100.85% Transfers Out 1,642,022$       136,835$          1,642,022$        ‐$                   100.00%                TOTAL GENERAL FUND 16,884,783$     1,560,543$       16,548,699$     336,084$          98.01%   DECEMBER 31, 2023 Page 61 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 ECONOMIC DEVELOPMENT AGENCY COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES Charges for Services ‐$                   8,738$               8,738$                ‐$                    Interest (Charge) 1,600                 5,199                 11,383               711.44% (6,627)                  Total Revenues 1,600                 13,937               20,121               1257.58% (6,627)                 EXPENDITURES Other Services & Charges 81,510               1,984                 81,129               99.53% 40,598                TOTAL EXPENDITURES 81,510               1,984                 81,129               99.53% 40,598                 TRANSFERS IN/(OUT) 50,000               4,167                 86,969               173.94% 94,367                EXCESS (DEFICIENCY) (29,910)$           16,120$            25,961$             ‐86.80% 47,141$             CASH BALANCE 274,726$           Page 62 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 PARK IMPROVEMENT FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES  Park Dedication Fees 75,000$             ‐$                   126,510$          168.68% 210,000$            Park Development Fees ‐                      ‐                     50,801              96,880                Rental Income 8,560                  ‐                     8,560                 100.00% 8,403                   Miscellaneous Revenue ‐                          ‐                     1,175                  ‐                       Interest (Charge) 4,000                 25,749              60,142              1503.55% (36,376)               Total Revenues 87,560              25,749              247,189            282.31% 278,907             EXPENDITURES Other Services & Charges 352,000             ‐                     67,422              19.15% 19,591               Capital Outlay 10,250               ‐                     219,852            2144.90% 10,250               TOTAL EXPENDITURES 362,250             ‐                     287,274            79.30% 29,841                TRANSFERS IN/(OUT) 100,000            8,333                 100,000            100.00% 75,000               EXCESS (DEFICIENCY) (174,690)$         34,082$            59,914$             ‐34.30% 324,066$           CASH BALANCE 1,360,639$        Page 63 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 ICE ARENA COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES  User Fees 426,000$           63,722$             415,476$           97.53% 384,814$             Interest 400                      ‐                      880                     220.06% 386                       Other Revenue 8,500                 1,119                 19,007               223.61% 11,360                 Total Revenues 434,900             64,841               435,363             100.11% 396,561               Cost of Sales ‐                       ‐                      (252)                   (1,198)                  TOTAL REVENUES 434,900             64,841               435,111             100.05% 395,362              EXPENDITURES  Personal Services 298,881             26,941               267,905             89.64% 267,957               Other Services & Charges 153,226             16,305               210,719             137.52% 161,655               Capital Outlay 1,000                  ‐                      14,668               1466.80%‐                       TOTAL EXPENDITURES 453,107             43,247               493,292             108.87% 429,612              TRANSFERS IN/(OUT)‐                      1,667                 90,243               14,500                EXCESS (DEFICIENCY) (18,207)$           23,261$             32,062$              ‐176.10% (19,750)               CASH BALANCE ‐$                    Page 64 of 260 CITY OF FARMINGTON MUNICIPAL LIQUOR OPERATIONS DECEMBER 31, 2023 DOWNTOWN PILOT KNOB TOTAL YEAR TO DATE YEAR TO DATE YEAR TO DATE SALES        2023 3,143,185$         3,622,614$         6,765,799$          SALES        2022 2,905,026           3,482,587           6,387,612            $ Difference 238,159               140,027               378,187                % Difference 8.20% 4.02% 5.92% COST OF GOODS SOLD 2,371,708           2,677,847           5,049,555            GROSS PROFIT 771,477               944,767               1,716,244            % OF GROSS PROFIT   TO SALES 24.54% 26.08% 25.37% OPERATING EXPENSES:                        Personnel Services & Supplies 368,822               302,349               671,171                Other Services & Charges 156,410               172,810               329,219                Depreciation 91,825                 71,722                 163,547                TOTAL 617,057               546,880               1,163,937            Operating Income 154,420               397,887               552,307                Other Income (Loss) 14,069                 36,364                 50,434                  INCOME BEFORE TRANSFERS 168,489               434,252               602,741                Profit as a % of Sales 8.16%   Operating Transfers (Out) (97,563)                (97,563)                (195,126)              NET INCOME 70,926$               336,689$            407,615$             CASH BALANCE   Operating Cash (Pots 1 & 2) 1,124,514$            Community Projects (Pot 3) 389,328                  Capital Improvements (Pot 4) 826,231                2,340,073$          Page 65 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 SEWER FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES Charges for Service* 2,674,762$       516,879$          2,724,271         101.85% 2,571,679$        Interest 14,200              51,401              108,581            764.65% (67,171)              Other Revenue ‐                     534,255            667,327            39,520               TOTAL REVENUES 2,688,962         1,102,535         3,500,179         130.17% 2,544,029          EXPENSES Personnel Services 13,038               ‐                     830                    6.37% 1,265                  Other Services & Charges 717,171            33,215              210,679            29.38% 156,911             MCES Charges ** 1,994,927         166,244            1,994,927         100.00% 1,789,024          Depreciation 690,000            665,198            665,198            96.41% 659,087             TOTAL EXPENSES 3,415,136         864,657            2,871,635         84.09% 2,606,287          TRANSFERS IN/(OUT) (1,000,055)        (29,588)             (355,055)           35.50% (585,838)            EXCESS (DEFICIENCY) (1,726,229)$     208,290$          273,489$           ‐15.84% (648,096)$          CASH BALANCE 2,716,169$        Page 66 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 SOLID WASTE FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES Charges for Service*‐$                    ‐$                   10,605$             23,245$              Intergovernmental ‐                       ‐                      4,088                 22,554                Interest (Charge) 12,000               27,496               70,081               584.01% (46,858)               Other Revenue ‐                       ‐                       ‐                      485,628              TOTAL REVENUES 12,000               27,496               84,774               706.45% 484,570              EXPENSES Personnel Services ‐                       ‐                       ‐                      (238,788)            Other Services & Charges 10,000               7,139                 76,269               762.69% 924,881              Depreciation ‐                       ‐                       ‐                       ‐                           TOTAL EXPENSES 10,000               7,139                 76,269               762.69% 686,093              TRANSFERS IN/(OUT) (150,000)           (278,582)           (416,082)           277.39% (155,999)            EXCESS (DEFICIENCY) (148,000)$         (258,225)$         (407,577)$         275.39% (357,522)$          CASH BALANCE 1,452,941.03$  Page 67 of 260 CITY OF FARMINGTON MONTHLY FINANCE REPORT DECEMBER 31, 2023 STORM WATER FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES Charges for Services* 1,323,263$       262,581$          1,327,520$       100.32% 1,227,091$        Interest (Charge) 10,100              6,626                 117,340            1161.79% (58,733)              Other Revenue ‐                     868,811            819,933            2                         TOTAL REVENUES 1,333,363         1,138,018         2,264,793         169.86% 1,168,359          EXPENSES Personnel Services 9,227                  ‐                     205                    2.22% 781                     Other Services & Charges 160,689            17,635              204,785            127.44% 255,371             Depreciation 475,000            471,134            471,134            99.19% 463,076             TOTAL EXPENSES 644,916            488,769            676,123            104.84% 719,228              TRANSFERS IN/(OUT) (901,654)           (35,971)             (431,654)           47.87% (1,026,052)         EXCESS (DEFICIENCY) (213,207)$         613,277$          1,157,016$        ‐542.67% (576,921)$          CASH BALANCE 2,934,974$        Page 68 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 WATER FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES Charges for Service* 2,326,548$       331,443$          2,496,686$       107.31% 2,238,210$        Interest (Charge) 50,200               237,959             511,711             1019.34% (298,496)            Rental Income 275,000             9,147                 300,256             109.18% 291,786              Other Revenue ‐                      786,815             792,371             9,013                  TOTAL REVENUES 2,651,748         1,365,364         4,101,024         154.65% 2,240,513          EXPENSES Personnel Services 20,536               592                     11,314               55.10% 8,540                  Other Services & Charges 745,858             91,486               860,348             115.35% 797,368              Debt Service 23,175               (11,261)              11,914               51.41% 15,164                Depreciation 1,050,000         1,003,217         1,003,217         95.54% 993,281              TOTAL EXPENSES 1,839,569         1,084,034         1,886,793         102.57% 1,814,352          TRANSFERS IN/(OUT) (1,620,899)        (38,992)              (467,899)           28.87% (1,365,703)         EXCESS (DEFICIENCY) (808,720)$         242,338$          1,746,332$        ‐215.94% (939,542)$          CASH BALANCE Operating 10,133,940$      Water Treatment Plant 2,461,488$        12,595,428$      Page 69 of 260 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT DECEMBER 31, 2023 STREET LIGHT FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES 2023 2023 2023 YTD 2022 ANNUAL CURRENT YTD PERCENT YTD BUDGET MONTH ACTUAL OF BUDGET ACTUAL REVENUES Charges for Services* 227,000$          41,714$            237,519$          104.63% 233,899$           Interest (Charge) 1,400                 7,191                 15,731               1123.61% (9,529)                 Other Revenue ‐                     1,286                 1,286                 2,217                  TOTAL REVENUES 228,400            50,192               254,536            111.44% 226,587             EXPENSES Other Services & Charges 217,000            21,084               214,758            98.97% 210,173             TOTAL EXPENSES 217,000            21,084               214,758            98.97% 210,173             EXCESS (DEFICIENCY) 11,400$            29,108$            39,779$            348.94% 16,414$             CASH BALANCE 379,990$           Page 70 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - May 06 2024 INTRODUCTION: Attached is the list of check and electronic payments for the period of 04/11/2024-04/30/2024 for approval. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: Council Summary Payment of Claims 05-06-2024 Page 71 of 260 CLAIMS FOR APPROVAL 04/11/2024 ‐ 04/30/2024: CHECK PAYMENTS 794,489.40$           ELECTRONIC PAYMENTS 878,446.29$           TOTAL 1,672,935.69$        The City Council receives a detail list of claims paid that is available to  the public upon request.  CITY OF FARMINGTON SUMMARY PAYMENT OF CLAIMS May 6, 2024 Page 72 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: Fire Subject: Joint Powers Agreement with Dakota County for Use of Statewide Health Improvement Funds (SHIP) Meeting: Regular Council - May 06 2024 INTRODUCTION: Approve the Joint Powers Agreement with Dakota County for use of Statewide Health Improvement Funds (SHIP) for lactation spaces in the Fire Stations. DISCUSSION: The Minnesota Department of Labor requires employers provide reasonable break time for nursing mothers to express milk and to make a reasonable effort to provide space other than a bathroom that is shielded from view and free from intrusion that includes access to an electrical outlet. City Staff have worked with Dakota County on the use of the SHIP funds to be used for the creation of lactation spaces at the Fire Stations as part of the Dakota County SHIP Worksite Wellness program. Through a sub-grant, Dakota County will provide $4,220.00 for the creation of the lactation spaces. City Staff will work over the next months to identify spaces in each Fire Station for this purpose. Dakota County approved this agreement at their March 19th meeting. BUDGET IMPACT: Dakota County will provide $4,220.00 and if any additional funds are needed budgeted Fire building and maintenance funds will be used. ACTION REQUESTED: Approve the Joint Powers Agreement with Dakota County for use of Statewide Health Improvement Funds (SHIP) for lactation spaces in the Fire Stations. ATTACHMENTS: FINAL City of Farmington JPA Worksite Wellness SWS 4-1-24 (with Exhibit 7) Page 73 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 1 of 17 SHIP 230280v2 JOINT POWERS AGREEMENT FOR WORKSITE WELLNESS BETWEEN THE COUNTY OF DAKOTA AND CITY OF FARMINGTON This Joint Powers Agreement (“Agreement”) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, by and through its Department of Public Health, and City of Farmington, 430 Third St, Farmington, MN 55024 ( “Contractor”), by and through their respective governing bodies. RECITALS WHEREAS, the County and the Contractor are governmental units as that term is defined in Minn. Stat. §471.59; WHEREAS, under Minn. Stat. §471.59, subd.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; WHEREAS, the County has received a grant of monies from the State of Minnesota acting through the Minnesota Department of Health Grant Project Agreement No. 183510 for implementation of the County’s Statewide Health Improvement Program (“SHIP”); WHEREAS, the County is permitted to make sub-grants of its SHIP funds and the County has solicited and considered grant applications from entities for use of such funds; and WHEREAS, the County has awarded Contractor with SHIP funds described herein based the grant expenditures outlined in Exhibit 2, Service Grid. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the County and Contractor hereby agree as follows: 1. Effective Date. This Agreement shall be effective as of the later date of signature by the parties. 2. Purpose. The purpose of this Agreement is to provide funding by the County to the Contractor so that the Contractor may participate in the Dakota County SHIP Worksite Wellness program. All funds provided by the County are to be used by the Contractor solely for the purposes described in Exhibit 2, Service Grid. 3. Contractor Obligations under State Contracts. The grant funds provided to Contractor under this agreement are subject to the terms and conditions contained in both the Master Grant Contract between Dakota County and the State of Minnesota dated September 18, 2019, as may be periodically amended, and the SHIP Grant Project Agreement between the Dakota County Community Health Board and the State of Minnesota dated October 1, 2020, as may be Page 74 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 2 of 17 SHIP 230280v2 periodically amended, including amendments dated August 23, 2021 and October 18, 2022.(“State Contracts”). See Exhibit 7. Contractor agrees to comply with all terms and conditions contained in such contracts that are applicable to the County. County will provide future State Contract amendments, if any, to the Contractor within 30 days of execution. 4. County Obligations. The County agrees to reimburse the Contractor in an amount not to exceed $4,220.00 for costs incurred in performing services fulfilling the Purpose described above from the Effective Date through October 31, 2024. 5. Reimbursement and Reporting. After this Agreement has been executed by both parties, the Contractor may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement. The County will reimburse the Contractor within 45 calendar days of the Contractor’s submission of invoices to the County. Invoices must be submitted using the form in Exhibit 6. All requests for reimbursement must be submitted by October 31, 2024. The Contractor must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the State Contracts, that it has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. Contractor must provide their changes & testimonials using the form in Exhibit 3, Change and Testimonial Tracker. Contractor must provide their responses for sustainability using the form in Exhibit 4, Sustainability Checklist. Contractor must complete all of its responsibilities using the form in Exhibit 5, Deliverable Checklist. 6. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. The County's Authorized Representative is: Marti Fischbach, Community Services Director Telephone: 651-554-5742 Email: Marti.Fischbach@co.dakota.mn.us Marti Fischbach, or his/her successor, has the responsibility to monitor the Contractor’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The Contractor’s Authorized Representative is: Name, address: Lynn Gorski, City Administrator 430 3rd St, Page 75 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 3 of 17 SHIP 230280v2 Farmington, MN 55024 Telephone: 651-280-6801 Email: LGorski@farmingtonMN.gov The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. 7. Assignment. The Contractor may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the Contractor. 8. Use of Subcontractors. The Contractor shall not engage subcontractors under this Agreement without the express written consent of the County. It is Contractor’s responsibility to make sure all subcontractors are subject to the provisions of this Agreement that are applicable to Contractor. 9. Indemnification. It is understood and agreed the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts or omissions. Parties agree to indemnify, defend and hold harmless the other, its officers, agents and employees against any and all liability, loss, costs, damages, claims or actions its officers, agents or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officers, agents, subcontractors or employees, in the execution, performance or failure to adequately perform its obligations pursuant to this Agreement. 10. Insurance Terms. In order to protect itself and to protect the County under the indemnity provisions set forth above, Contractor shall, at its expense, procure and maintain policies of insurance covering the term of this Agreement. All retentions and deductibles under such policies shall be paid by the Contractor. 11. Audit. The Contractor shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the Contractor shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The Contractor shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 12. Data Practices. The Contractor agrees with respect to any data that it possesses regarding the Agreement to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be amended from time to time. Page 76 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 4 of 17 SHIP 230280v2 13. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the Contractor, nor shall the County be considered or deemed to be an agent, representative or employee of the Contractor in the performance of this Agreement. Personnel of the Contractor or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15. Compliance with Law. The Contractor agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations, and further agrees to comply with Exhibit 1, Standard Assurances. The Contractor is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 16. Default and Remedies. (a) Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the Contractor fails to fully comply with any material provision, term, or condition contained in this Agreement. (b) Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Contractor written notice of an event of default, the Contractor shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the Contractor is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the Contractor shall propose in writing the actions that the Contractor proposes to take and the schedule required to cure the event of default. (c) Remedies. Upon the Contractor’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (1) The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (2) The County may enforce any additional remedies it may have in law or equity. (3) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the Contractor. Such Page 77 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 5 of 17 SHIP 230280v2 notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. 17. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 18. Special Conditions. The Contractor understands and agrees that it will perform the work contemplated by this Agreement in such a way as to comply with and enable the County to comply with all of the requirements imposed upon the County in the State Contracts, including but not limited to the following: (a) Any publicity given to the activities occurring as a result of this Agreement, including notices, informational pamphlets, press releases, research, reports, signs and similar public notices shall identify that it is “Supported by the Statewide Health Improvement Partnership, Minnesota Department of Health and Dakota County Public Health Department” and shall not be released unless approved in writing by these entities’ authorized representatives. (b) The Contractor shall indemnify, save and hold the Department, its representatives and employees harmless from any and all claims or causes of action, including reasonable attorney fees incurred by the Department, arising from the performance of the activities funded by this Agreement by the Contractor or its agents or employees. (c) The Contractor, by executing this Agreement, grants to the Department a perpetual, irrevocable, no-fee right and license to make, have made, reproduce, modify, distribute, perform and otherwise use the Materials for any and all purposes, in all forms and manners that the Department, in its sole discretion, deems appropriate. 19. Exhibits. The following exhibits are attached to and incorporated within this Joint Powers Agreement. Exhibit 1: Standard Assurances; Exhibit 2: Service Grid; Exhibit 3: Change and Testimonial Tracker; Exhibit 4: Sustainability Checklist; Exhibit 5: Deliverable Checklist; Exhibit 6: Invoice Form; and Exhibit 7: SHIP Agreements Page 78 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 6 of 17 SHIP 230280v2 20. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 21. Complete Agreement. This Agreement and Exhibits contain all negotiations and agreements between the County and the Contractor. Any amendment to this Agreement must be in writing and executed by the County and the Contractor. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. In the event of a conflict between the terms of any Exhibit and the body of this Agreement, this Agreement shall control. The rest of this page is intentionally left blank. Signatures are on the following page. Page 79 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 7 of 17 SHIP 230280v2 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: Assistant County Attorney/Date Dakota County Contract ______ Dakota County BR 22-___ COUNTY OF DAKOTA By: Title: Date: CITY OF FARMINGTON CONTRACTOR By: Title: Joshua Hoyt, Mayor Date: By: Title: Shirley R Buecksler, City Clerk Date: Page 80 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 8 of 17 SHIP 230280v2 EXHIBIT 1 STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because the person is a member of a protected class under, and as defined by, federal law or Minnesota state law including, but not limited to, race, color, creed, religion, sex, gender, gender identity, pregnancy, national origin, disability, sexual orientation, age, familial status, marital status, veteran’s status, or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination.. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, veteran’s status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq. which prohibits discrimination in employment because of race, color, religion, sex, or national origin. B. Equal Employment Opportunity-Executive Order No.11246, 30 FR 12319, signed September 24, 1965, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex, or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or employment. D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. G. Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies, or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition, or privilege of employment. I. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and including 45 CFR Part 80, prohibits recipients, including their contractors and subcontractors, of federal financial assistance from discriminating on the basis of race, color or national origin which includes not discriminating against those persons with limited English proficiency. J. The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq which prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Page 81 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 9 of 17 SHIP 230280v2 K. Equal Protection of the Laws for Faith-based and Community Organizations-Executive Order No. 13279, signed December 12, 2002 and as amended May 3, 2018. Prohibits discrimination against grant seeking organizations on the basis of religion in the administration or distribution of federal financial assistance under social service programs, including grants and loans. L. Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, with regulations at 41 C.F.R. Part 60-250, which prohibits discrimination in employment against protected veterans. 2. DATA PRIVACY. For purposes of this Contract, all data created, collected, received, stored, used, maintained, or disseminated by Contractor in the performance of this Contract are subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (“MGDPA”) and the Minnesota Rules implementing the MGDPA. Contractor must comply with the MGDPA as if it were a governmental entity. The remedies in Minn. Stat. § 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to a data requestor if the public data are available from the County, except as required by the terms of this Contract. If Contractor is a subrecipient of federal grant funds under this Contract, it will comply with the federal requirements for the safeguarding of protected personally identifiable information (“Protected PII”) as required in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, and the County Protected PII procedures, which are available upon request. Additionally, Contractor must comply with any other applicable laws on data privacy. All subcontracts shall contain the same or similar data practices compliance requirements. 3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription, and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state, and local occupational safety and health standards, regulations, and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 5. PROHIBITED TELLECOMMUNICATIONS EQUIPMENT/SERVICES. If Contractor is a subrecipient of federal grant funds under this Contract, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018) (the “Act”), and 2 CFR § 200.216, Contractor will not use funding covered by this Contract to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any agreement related to this Contract. 6. CONTRACTOR GOOD STANDING. If Contractor is not an individual, Contractor must be registered to do business in Minnesota with the Office of the Minnesota Secretary of State and shall maintain an active/in good standing status with the Office of the Minnesota Secretary of State, and shall notify County of any changes in status within five calendar days of such change. Business entities formed under the laws of a jurisdiction other than Minnesota must maintain a certificate of authority (foreign corporations, limited liability companies, limited Page 82 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 10 of 17 SHIP 230280v2 partnerships, and limited liability limited partnerships), or a statement of foreign qualification (foreign limited liability partnerships), or a statement of partnership authority (general partnerships). See Minn. Stat. §§ 303.03 (corporations); 322C.0802 (limited liability companies); 321.0902 and 321.0907 (foreign limited partnership); 321.0102(7) (foreign limited liability limited partnerships); 323A.1102(a) (foreign limited liability partnership); 321.0902 and 321.0907 (foreign general partnerships). 7. CONTRACTOR DEBARMENT, SUSPENSION, AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. § 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. By signing this Contract, the Contractor certifies that it and its principals* and employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state, or local governmental department or agency; and B. Have not within a three (3) year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above; and E. Shall immediately give written notice to the Authorized Representative should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing a public (federal, state, or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. *“Principals” for the purposes of this certification means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions). 8. HEALTH DATA PRIVACY. When applicable to the Contractor’s duties under this Contract, the Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), Minnesota Health Records Act, and any other applicable health data laws, rules, standards, and requirements in effect during the term of this Contract. 9. APPEALS. The Contractor shall assist the County in complying with the provisions of Minn. Stat. § 256.045, Administrative and Judicial Review of Human Services Matters, if applicable. 10. REPORTING. Contractor shall comply with the provisions of the "Child Abuse Reporting Act", Minn. Stat. § 626.556, as amended, and the "Vulnerable Adult Reporting Act", Minn. Stat. § 626.557, as amended, and any rules promulgated by the Minnesota Department of Human Services, implementing such Acts. Page 83 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 11 of 17 SHIP 230280v2 11. PSYCHOTHERAPISTS. Contractor has and shall continue to comply with the provisions of Minn. Stat. Ch. 604, as amended, with regard to any currently or formerly employed psychotherapists and/or applicants for psychotherapist positions. 12. EXCLUDED MEDICAL ASSISTANCE PROVIDERS. By signing this contract, Provider certifies that it is not excluded. 42 U.S.C. § 1397 et seq. (subch. XX) of the Social Security Act. 13. MDHS THIRD-PARTY BENEFICIARY. The following applies to contracts related to adult mental health services; see Minn. Stat. § 245.466, subd. 2. Contractor acknowledges and agrees that the Minnesota Department of Human Services is a third-party beneficiary and as a third-party beneficiary, is an affected party under this Contract. Contractor specifically acknowledges and agrees that the Minnesota Department of Human Services has standing to and may take any appropriate administrative action or sue Contractor for any appropriate relief in law or equity, including, but not limited to, rescission, damages, or specific performance of all or any part of the Contract between the County Board and Contractor. Contractor specifically acknowledges that the County Board and the Minnesota Department of Human Services are entitled to and may recover from Contractor reasonable attorneys' fees and costs and disbursements associated with any action taken under this paragraph that is successfully maintained. This provision shall not be construed to limit the rights of any party to the Contract or any other third party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity. (Minn. Stat. § 245.466, subd. 3; Minn. R. 9525.1870, subp. 2). Directions for Online Access to Excluded Providers To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General (OIG) website at https://oig.hhs.gov/exclusions/exclusions_list.asp Attycv/Exh SA (Rev. 1-23) Page 84 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 12 of 17 SHIP 230280v2 Exhibit 2 Service Grid Purpose: To support Dakota County community partners in worksite wellness projects. Contractor Responsibilities The Contractor responsibilities include the establishing or improving of fundamental elements of a healthy workplace and implementing policy, environmental, systems and social support changes in the selected focus strategy. The new initiative will be implemented organization-wide per the work plan. Contractor will focus on creating lactation-friendly workspaces at two of their fire stations. Dakota County Public Health Department will provide up to $4,000 and one 2024 Midwest Health Promotion Conference registration fee (up to $220) from the Statewide Health Improvement Partnership (SHIP) and the Minnesota Department of Health (MDH) upon receipt and acceptance of the Contractor performing the following deliverables:  For services performed, pay will take place in installments. After deliverables 1-6 listed in Exhibit 5 are completed, 50% of the payment will be made. After completion of deliverables 7-12 in Exhibit 5 are completed, the remaining 50% payment will be made. Budget Expense Description Amount 2024 Midwest Health Promotion Registration Fee $220 Deliverables 1 – 6 (Exhibit 5) Completed – Installment 1 Payment (50%) $2,000 Deliverables 7 – 12 (Exhibit 5) Completed – Installment 2 Payment (50%) $2,000 Total $4,220.00 Contractor Deliverables  Contractor will attend regularly scheduled meetings, likely monthly or as determined by both parties. During meetings contractor will provide updates on project milestones, work status, and other relevant project issues through email, phone and/or video check-ins.  Submit goals/work plan by July 1, 2024.  Submit pre- and post- photos; include photos of signage of changes (if applicable) per health promotion specialist with mutually agreed upon due dates.  Submit baseline and post- assessment if applicable with mutually agreed upon due dates.  Complete organizational assessments  Submit following documents by October 31, 2024  Change and testimonial tracker (Exhibit 3)  Sustainability checklist (Exhibit 4)  Deliverable checklist (Exhibit 5)  new or revised Contractor policy (include policy before revision if applicable)  Register and attend 2024 Health Source Solutions Midwest Health Promotion Conference on September 25, 2024. Submit invoice to Dakota County. Registration must occur before September 25, 2024 to be reimbursable. Optional, but highly encouraged.  Submit completed Deliverables Checklist to Dakota County Public Health Liaison by October 31, 2024 (Exhibit 5) Page 85 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 13 of 17 SHIP 230280v2 County roles and responsibilities:  Provide technical assistance and support through process.  Organize and facilitate collaborative meetings which provide training on SHIP worksite wellness sub- strategies and potential peer-to-peer sharing opportunities.  Research and provide worksite wellness tools and resources.  Facilitate yearly organizational assessment and other assessments as needed.  Provide evaluation and policy development expertise.  Assist with reporting results. Notes:  The grant funds provided to Contractor under this agreement are also subject to the terms and conditions contained in both the Master Grant Contract and the Project Agreement between the Dakota County Community Health Board and the State of Minnesota. The County will provide copies of these contracts to Contractor upon request. Contractor agrees to comply with all such terms and conditions  Contractor shall submit all SHIP-related communications to public health liaison for pre-approval. Please allow a minimum of 7 business days for approvals in advance of public release.  Contractor shall include SHIP tagline in all print and electronic documents: Funding for this project was provided by the Statewide Health Improvement Partnership of Dakota County. Interpreters County will pay for the actual costs of providing interpreter services to non-English speaking participants who are an open Dakota County case. The Contractor must receive prior written authorization of interpreter services costs from County staff prior to using those services. Unless specifically prior authorized by the County, the Contractor must access interpreters from those agencies under contract with the County to provide interpreter services. State Contract The grant funds provided to Contractor under this agreement are subject to the terms and conditions contained in both the Master Grant Contract and the Project Agreement between the Dakota County Community Health Board and the State of Minnesota. Contractor agrees to comply with all terms and conditions contained in such contracts. These agreements with the state are also attached to this agreement. Insurance, Diversity, and Equity The County embraces and supports person-centered practices and expects contractors to do the same. Person- centered practices are structured in a way to support a client’s comfort and ability to express choice, control, and direction in all aspects of service delivery and support. While the nature of some services and service deliveries is such that it must account for factors beyond the client’s choice, control and direction, including, but not limited to, the terms of this Contract, court orders, the safety of the client and others, and governing law, the County values consideration of the client’s perspective, knowing that services are more efficient and effective when aligned with client choice. [For more information, refer to Person-Centered, Informed Choice and Transition Protocol, Minnesota Department of Human Services, issued 3/27/17 and updates.] The County further recognizes that pervasive racism, discrimination and other institutional and community biases, as well as harm from historical trauma, are experienced by cultural communities and that this may contribute to Page 86 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 14 of 17 SHIP 230280v2 overrepresentation of cultural communities in some County services. Appropriate service delivery often requires open discussion considering the real-life experiences of the people served, paying attention to the impact of pervasive racism and bias. At the referral level, it means inquiring with families about how to integrate their family or individual culture into service delivery. At the service level, it includes attention to outcomes for families receiving services in order to assess whether effectiveness differs in cultural communities and responding to any differences. It is expected that while performing services for the County, the Contractor shall abstain from unacceptable behaviors including, but not limited to:  Racial, ethnic or discriminatory jokes or slurs;  Hostile, condemning, or demeaning communications, both verbal and written;  Behavior demonstrating disrespect, dishonesty, intimidation, or disruption to the work relationship; and  Retaliation against any person who reports or addresses unacceptable behavior. It is the responsibility of the Contractor to ensure staff delivering services for the County are aware of these expectations and trained as needed to ensure respectful, cooperative and professional conduct in interactions with County staff and clients. If the County experiences or receives a report of an unacceptable behavior, it will share the report with Contractor. The Contractor must inform the County of steps taken to remedy the unacceptable behavior within ten (10) working days. If the unacceptable behavior persists, the County may terminate the Contract pursuant to the termination provision in the Contract. Page 87 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 15 of 17 SHIP 230280v2 Exhibit 3 - Change and Testimonial Tracker List all changes related to wellness for this Contract period April 2024 - October 31, 2024 Organizational Supports (i.e., Leadership Support, Wellness Committee, Communication Strategies, etc.) Policy Changes (i.e., New/Updates Policies, guidelines, overviews, employee handbooks, etc.) Systems Changes (i.e., committee charters, processes and procedures, blueprint documents, employee handbooks, resource organization, new hire processes, intranet sites, mission/vision statements, branding, etc.) Environmental Changes (i.e., New/Updated facilities, spaces, equipment, signage, vending, tangible items, etc. pictures are encouraged) Additional Items/Wellness Activities (i.e., social support activities, tracking, surveys, etc.) List 1-2 stories employee testimonials or stories about how these changes personally affected them. Date Affiliation with site Testimonial or Story Page 88 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 16 of 17 SHIP 230280v2 Page 89 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 17 of 17 SHIP 230280v2 Exhibit 4 Sustainability Checklist Dakota County SHIP Date:____________ This checklist provides a list of items researched as being critical for sustaining Policy, System, and Environmental (PSE) changes. The checklist should be completed with staff and/or consultants who you worked with to implement the PSE change or SHIP (Statewide Health Improvement Partnership) initiative at Contractor’s organization. 1. Partner name and short description of SHIP project: 2. Does Contractor have a written plan for sustaining this initiative? Check one option: ____ Yes, a written plan is in place (please include a copy) ____ Not yet, a written plan will be in place within the next ____ months ____ No, we do not plan to create a written plan 3. If known, please provide name(s) and title(s) of Contractor’s staff who plan to manage this initiative post- SHIP funding. Name and Title: Select one box per item: Yes No Notes There is leadership support for the initiative post-SHIP funding. ☐ ☐ There are opportunities for staff to participate in sustaining this initiative (e.g., assist with implementation, offer feedback, receive/provide training). ☐ ☐ This initiative aligns with our organization’s strategic plan. ☐ ☐ There are opportunities to partner with other agencies/ vendors to support this initiative (e.g., share expertise, receive/provide training, expand networks, collaborate). ☐ ☐ We have identified potential funding sources or are able to draw from internal resources (e.g., staff time, part of our operational budget) to support this initiative. ☐ ☐ This initiative will meet the needs of our target audience. ☐ ☐ This initiative will be sustainable post SHIP funding. ☐ ☐ What other approaches, if any, are you considering to sustain this initiative? What leadership support(s) are in place to sustain this initiative? Have any other funds been received during this reporting period to support the project, list the amount and source: Page 90 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 18 of 17 SHIP 230280v2 List and describe any barriers: Page 91 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 19 of 17 SHIP 230280v2 Exhibit 5 - Deliverable Checklist Contract #: ______________ Worksite Name: ______________ Submit by October 31, 2024, via email to: Dakota County Public Health Department* Attn: Erin Ostrowski Email: erin.ostrowski@co.dakota.mn.us Phone: (651) 554-6154 Deliverable Completion Date 1. Organizational assessment: Pre-assessment Spring/Early Summer 2024 2. Pre-photo: baseline, if applicable 3. Baseline assessment SEWA (if applicable, optional surveying) 4. Regular check-ins 5. Work plan (July 2024) 6. HealthSource Solutions Worksite Wellness conference (September 25, 2024) Optional, but highly encouraged. *(Please invoice using Exhibit 6 before October 15, 2024) 7. Regular check-ins 8. Post- photo: after change completed, if applicable 9. Post-assessment SEWA (if applicable, optional surveying) 10. Organizational assessment: post-assessment Fall/Winter 2024 11. Exit Documents:  Change and Testimonial tracker (Exhibit 3)  Sustainability checklist (Exhibit 4) 12. New or revised policy *Include previous policy (if it was revised) Reimbursement will take place within 30 days of County’s receipt and acceptance of the Contractor’s completed Deliverable Checklist. All deliverables are due October 31, 2024. All reimbursement receipts must be turned in by October 31, 2024 to ensure payment. Page 92 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 20 of 17 SHIP 230280v2 Exhibit 6 - Invoice Form Invoice #: Invoice Date: Contract #: Project Name SHIP Worksite Wellness City of Farmington Remit to: City of Farmington Attn: Matt Price Email: mprice@farmingtonmn.gov Phone: 651-280-6941 Bill to: Dakota County Public Health Department Attn: Erin Ostrowski Email: erin.ostrowski@co.dakota.mn.us Phone: (651) 554-6154 Detailed description of materials/goods Total Price SHIP Worksite Wellness (for completion of deliverables) Midwest Health Promotion conference Subtotal $ Comment: Grand Total Balance Due $ *Invoices and receipts should be scanned and emailed to Erin.Ostrowski@co.dakota.mn.us Reimbursement will take place within 30 days of County’s receipt and acceptance of the Contractor’s completed Deliverable Checklist. All deliverables are due October 31, 2024. All reimbursement receipts must be turned in by October 31, 2024 to ensure payment. Page 93 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 21 of 17 SHIP 230280v2 Exhibit 7 – SHIP Amendments Page 94 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 22 of 17 SHIP 230280v2 Page 95 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 23 of 17 SHIP 230280v2 Page 96 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 24 of 17 SHIP 230280v2 Page 97 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 25 of 17 SHIP 230280v2 Page 98 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 26 of 17 SHIP 230280v2 Page 99 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 27 of 17 SHIP 230280v2 Page 100 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 28 of 17 SHIP 230280v2 Page 101 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 29 of 17 SHIP 230280v2 Page 102 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 30 of 17 SHIP 230280v2 Page 103 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 31 of 17 SHIP 230280v2 Page 104 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 32 of 17 SHIP 230280v2 Page 105 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 33 of 17 SHIP 230280v2 Page 106 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 34 of 17 SHIP 230280v2 Page 107 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 35 of 17 SHIP 230280v2 Page 108 of 260 Dakota County Contract #CLA20418 Dakota County Contract #CLA20418 Page | 36 of 17 SHIP 230280v2 Page 109 of 260 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 - May 06 2024 INTRODUCTION: Approve the appointment of Matthew Brown as a fulltime Fire Marshal, Steve Arndt as a Public Works Worker, Sawyer Hoffman as a Seasonal Public Works Worker, Bobby Cammack, Laura Fleming, Naomi Heggemeier as Seasonal Recreation Assistants, and the title change of a Public Works position. DISCUSSION: Staff is recommending Matthew Brown be appointed as a fulltime Fire Marshal. Matthew brings years of experience to this role having worked as an arson investigator, a firefighter/paramedic and an adjunct instructor at Hennepin Technical College. Staff is recommending Steve Arndt be appointed as a fulltime Public Works Worker. Steve has years of experience working for the City. Staff is requesting the title of existing role of Streets and Utilities Supervisor be changed to Public Works Superintendent. Staff believes this change will more align with staffing structures in other cities and enhance the candidate pool. There are no changes to the essential duties of the position or compensation. BUDGET IMPACT: Wages are included in the 2024 budget for seasonal positions. For the fulltime Fire Marshal position, recently provided Public Safety Aid funds will be used to cover 2024 costs. ACTION REQUESTED: Approve the appointment of Matthew Brown as a fulltime Fire Marshal, Steve Arndt as a Public Works Worker, Sawyer Hoffman as a Seasonal Public Works Worker, Bobby Cammack, Laura Fleming, Naomi Heggemeier as Seasonal Recreation Assistants, and the title change of a Public Works position. Page 110 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Agreement with JLG Architects for Schematic Design Through Construction Phase for the Rambling River Center Meeting: Regular Council - May 06 2024 INTRODUCTION: The facility master plan for the Rambling River Center (RRC) was approved by City Council on January 16, 2024. The City utilized the services of JLG Architects to develop the facility master plan. The cost estimate for all proposed renovation work, as outlined in the planning study, was $1,814,500. DISCUSSION: At the January 16 meeting, City Council asked about the timing of phases and completing the project as a single phase. If funds are available, it would be advantageous and more ideal to design, develop, and bid as a single project. The benefits include a potential reduction in costs between 10-15%, developing one bid package, and working with one contractor for the entire project. Based on the feedback at the January 16 City Council meeting and subsequent discussions with City Staff, JLG Architects submitted a proposal to complete the full scope of proposed renovation work as outlined in the planning study as a single-phase project. In addition to the proposed improvements in the facility master plan, the facility condition assessment of the RRC completed the incorporated and evaluated, into be should Kraus-Anderson by considered, and door (tuckpointing, enclosures exterior bidding. for documents construction Specifically, window replacements), HVAC, and switchgear (electrical) replacement should be included in the overall project. There is $740,000 remaining in the FY 2023 Community Project Funding grant and the $50,000 donation from Minnwest Bank for the construction of the outdoor patio. Dakota County Community Development Agency (CDA) was paid $3,000 to complete the Environmental Review and $7,000 paid to JLG Architects to develop the facility master plan. Staff identified one potential and most viable funding source to pay for the unfunded portion if the project is completed all at once. This is issuing tax abatement bonds. A City Council work session was held on March 18, 2024 to further discuss completing all the proposed phases of renovation at one time, the funding gap, and issuing tax abatement bonds to pay for the unfunded portion. Finance Staff presented the tax impacts of issuing tax abatement bonds for completing the project as a single phase and including several of the Kraus-Anderson facility condition assessment items. Direction from City Council was to proceed with completing the full scope of proposed renovation work as outlined in the planning study as a single-phase project Page 111 of 260 and to include Kraus-Anderson facility condition assessment items. City Staff reviewed and evaluated every item on the facility condition assessment at the RRC. In addition to exterior enclosures, HVAC, and switchgear replacement, and based on direction from City Council, replacement of carpet, tile floor, ceiling tiles, drinking fountain, roof, and painting is included in the total construction budget. The cost estimate for the renovation work, as outlined in the planning study and Kraus-Anderson facility condition assessment items are: Total Construction Budget: $1,992,000 Total Project Budget: $2,548,000 The total project budget includes construction plus design and construction contingency and soft costs. Soft costs include architect / engineering fees, permits, testing/inspections, furniture, fixtures, and equipment (FFE). The fees above include architectural, structural, mechanical, and electrical engineering scope. The renovation work from the planning study included a high-level and preliminary cost estimate ($1,814,500) that will be confirmed as the design moves forward. The estimator at JLG Architects used a cost per square foot approach based on the information provided to him regarding the concept plan and their database of past renovation projects. JLG Architects still think we might save 10-15% of the total cost of doing all the work as a single project rather than four or five separate projects. JLG Architects will confirm cost information three times before bidding the project, including during schematic design, design development, and construction documents. The Kraus- Anderson deferred maintenance items were based on unit prices in 2024 dollars. JLG Architect’s proposal includes schematic design through construction phase. The schematic design and development phases will determine the final layout along with detailed construction requirements. In addition to schematic design, design development, and construction documents, JLG Architects will assist with bidding and provide construction administration. The cost for the aforementioned services JLG Architects will be providing to the City is a lump sum fee of $199,200. Attached is the Agreement which includes the proposal to complete schematic design through construction phase for the renovations and deferred maintenance at the RRC. The City Attorney reviewed the attached Agreement and Image Release Policy and found them to be acceptable. BUDGET IMPACT: The cost for JLG Architect’s schematic design through construction phase services for the RRC renovation and deferred maintenance project is a lump fee of $199,200. The cost of these professional services JLG Architects will be providing to the City will be reimbursed through the Community Project Funding grant. ACTION REQUESTED: Approve the attached Agreement with JLG Architects for schematic design through construction phase for the RRC. ATTACHMENTS: Agreement with JLG Architects Exhibit A Rambling River Center Planning Study Page 112 of 260 Exhibit B Kraus-Anderson Scope Exhibit C Image Release Exhibit D - JLG Hourly Compensation Expenses 2024 Page 113 of 260 @AIA Document B101®—2017 Standard Form of Agreement BetweenOwner and Architect AGREEMENTmade as ofthe Sixth day of May in the ycar Two Thousand and Twenty Four (111words,indicate day,month and year.) ADDITIONSAND DELETIONS: The author at this document has added lntormatiun needed tar its completion The author may also have revised the text at the original ....AIAstandard torm An Additions andM‘m‘esma m““‘°‘pal cowo’at‘o"Deletions Report that notes added 430 Th‘rd5““information as weit as revisions to the Farmmgtona MN 55024 standard form text is available trorn the author and should be reviewed.A vertical iine in the left margin uttnis BETWEENthe Architect’s client identi?ed as the Owner: (Name,legal Stalin,address and other l?fDl'lt‘ltleDI‘t) City of Pennington and the Architect:document indicates where the author (Name,legal status,address and other information)has added necessary information and where the author has added to or JLG Architects deleted from the original AIA text 710 South Second Street,8‘“Floor ,,ThMinneapolis,MN 55401 is document has important legal consequences Consultation with an attorney is encouraged with respect ..to Its mmpletion or modi?cation.for the followtng Project: (Name,location and detailed description) 23 I 48 —Rambling River Center Renovation 325 Oak St,Farmington.MN 55024 Renovation oftltc existing building based upon the planning study completed by JLG Architects in January 2024.(Exhibit A)along with additional deferred maintenance as identi?ed in Exhibit B The Owner and Architect agree as follows. AiA Document e101 »2017 Copyright ©1974,197a,1937‘1997,2mm and 2017 Allrights reserved “The American Institute oiArchitects,““American Institute oi Architects""AIA,"the AIA Lager and “MA Contract Documents“are trademarks at The American institute oi Architects.This document was produced at 16:10 13 ET on 04/29/2024 under order No.A104246954 which expires on 11/1 $20241 is not tor resaie‘is licensed tor one-limo use oniyr and may oniy be used in l accordance with the AIA Contract DocumentsGTerms or Service To report copyright viuiatiuns,ermail ducintu@aiacuntiacts.com Usar Notes:1200i165962) Init. Page 114 of 260 Init. TABLE OF ARTICLES 1 INITIALINFORMATION 2 ARCHITECT’SRESPONSIBILITIES 3 SCOPE OF ARCHITECT‘SBASICSERVICES 4 SUPPLEMENTALANDADDITIONALSERVICES 5 OWNER’SRESPONSIBILITIES 6 COSTOF THEWORK 7 COPYRIGHTSANDLICENSES 8 CLAIMSANDDISPUTES 9 TERMINATION0R SUSPENSION 1D MISCELLANEOUSPROVISIONS 11 COMPENSATION 12 SPECIALTERMSANDCONDITIONS 13 SCOPEOF THEAGREEMENT ARTICLE1 INITIALINFORMATION §1.1This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section,insert the infnrrnctinnora statement mall as ”not applicable”ul‘"nnknnwn at time n/ execution ’9 §1.1.1The Owner's program for the Project: (Insert the Owner 's program.idenh/y documentation that establishes the Owner's prugmm.or state the manner in which thapmgrzim will be developed) Owner‘s program has been established by the planning study completed by JLG Architects in January 2024. §1.1.2 The Project’s physical charactcristics: (Identi?'07'describe pertinent informationahnut the Project's physical characteristics.such as size;Incation; dimerisiaru.‘genteehiiiml reports;Site boundaries;topographic Surveys;(ram:and utility SludlES.availability of public ant/private nliliti'es and seniicex.‘legal description aflhe site.etc.) The scope of renovations will include all pha identi?ed in the planning study(Attachment A)along with additional facility improvements as identi?ed in facility condition assessment completed by Kraus-Anderson (Attachment B)and includes: -Replacement of exterior doors and one overhead door Replacement of exterior windows Tiickpointing of brick facade Replacement of HVAC equipment Replacement ofroofiiig Replacement of electrical switchgear Replacement of security cameras Other renovations to existing spaces identi?ed on Attachment B AlA DucumentE101—2017 Copyright ©1971:.197a.1987.1997.2007 and 2017 All rights reserved “The American Institute DIAmhllsc mericari Inintute ur Architects."“AIA.”the AIA Lngo.and "AlA Cuntract Ducuments“are trademarks at The American institute oi Architects This document was produced at 16:10 13 ET on 04/25/2024 under Order No 4104246954 which expires on 11/13/2024.is noI for resale.is licensed lor cne»llme use only.and may only be used in accordance Withthe NA Contract DrmilmsriisDTerms orservice,To report copyright VlDIaIanS.ermail docinto@aiacantracis.com User Notes:12001155952)Page 115 of 260 5 1.1.3 The Owner’s budget for the Cost ofthe Work.as de?ned in Section 6.1: (Provide total and,ifkrtawn,a line item breakdown.) Total project budget for the project is $2,548,000 including construction contingency.The construction budget is $1.992,000 §1.1.4The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates,ifany: Schematic Design completion:Juno 9,2024 Design Development completion:July 21,2024 Construction Document completion:August 16,2024 .2 Construction commencement date; September 23,2024 .3 Substantial Completion date or dates: February 9,2025 .4 Other milestone dates: §1 5 The Owner intends the following procurement and delivery method for the Project: (Identifymethod such a:competitive bid 01'negotiated contract,a:well as any requirements/"0r accelerated or fast-lmclrdesign and construction,multiple ht'dpaokagex,cry/taxed cmistmcziun ) Competitive bid of single bid package §1.1.6The Owner’s anticipated Sustainable Objective for the Project: (Menu/y and describe the Owner ’3Sustainable Objective/01'the Project,1/any.) None (Paragraph deleted) §1.1.7The Owner identi?es the following representative in accordance with Section 5.3: (List name,address,and other contact information.) Kellee Omlid,Parks and Recreation Director City of Farmington 430 Third St.Fannington,MN 55024 651-280-6851 koinlid@farmingtonmn.gov §1.1.8The persons or entities,in addition to the Owner‘s representative,who are required to review the Architect’s submittals to the Owner are as follows: (List name,address,and other contact in/ormatimz.) The City Council,City Administrator Lynn Gorski,and their designces shall review the Architect's submittals to the Owner. M 13101,2017,Copyright ©1974,1975,19137,1997,2007 and 2017 Allrights reserved “The Amehcah instrthts otAmmleas meiican Irrstttttte01 Am,"the AIA Logo,and "NA Contract Documents“are |rademarks of The Amer-can inshtttte orArchitects.ms document was produced at 16.10 13 3ETan04/29/2024 under Older Nu,4104246954 which expires on 11/13/2024,ts not lar resale,1s licensed tar urtshme use only,and may only be used m I accordance w‘tth the NA contract Documents”Terms at Service To report copyright vtoiattahs,e-mail rtacirtta@atacahtraats com Userom:12001166962) Init. Page 116 of 260 Inil, §1 19 The Owner shall retain the following consultants and contractors: (List name,legal status,addrem,and ailizr Contact information) .1 Geotechnical Engineer: TBD if required .2 Civil Engineer: TBD ifrequired .3 Other,if any: (Lint any olhcr coltt‘ulmmx and calilmclars retained by the armat-) §1.1.10The Architect identi?es the follownig representative in accordance with Section 2.3: (List name,address,and other Contact infarmali'an.) JLG Architects Pamela Anderson,Senior Principal 710 S.Second St,8"“?oor Minneapolis,MN 55401 612.902.8342 panderson@jlgarchilectscom §1.1.11 The Architect shall retain the cunsnltants identi?ed in Sections 1.1.11.1 and 1.1112: (List name,legalstalux,address,and other caitmrst information.) §1.1.11.1Ccnsullants retained under Basie Sen/ices: .1 Structural Engineer: Paulson &Clark Engineering Inc. 2352 East County Road J White Bear Lake,MN 551 10 651.407.6056 .2 Mechanical Engineer: Paulson &Clark Engineering Inc. 2352 East County Road J White Bear Lake»MN 55110 651.407.6056 .3 Electrical Engineer: Paulson &Clark Engineering Inc. AiA Document E101 7 2017.Cnpyright ©197A.1978.1957.1997,2007 and 2017.Ali rights reserved ‘The American institute etArchitects,“"American institute at Architects,"“AIA.”the AKALugn.and “NA Comract Documents"are trademarks at The American Institute 0|Architects This document was pmduoed al 15 11]13 ET cm 04/29/2024 under Order No.4104246954 which expires on 11/13/2024,is not tor resets.is licensed lor onetime use nnly,and may only be used in accordance w1|hthe AIA Centract momentsE Terms orService.To report copyright uiuiaiiens,entail docinio@eiemntrectsmm. User Notes:12001166262) 4 Page 117 of 260 Intt. 2352 East County Road] White Bear Lake,MN 55110 651.407.6056 §1.1.11.2Consultants retained under Supplemental Services: None §1.1.12 Other Initial Information on which the Agreement is based: §1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change.If the Architect identi?es a material change such that Architect’s services, schedule for Architect’s services,and the Architect’s compensation may be affected,then the Architect shall submit information regarding that purported material change and any information substantiating the material change to the Owner Within thirty (30)days of the event giving rise to the material change for review.The Owner‘s budget for Cost of Work,the Owner’s antictpated design,and construction milestones shall not change without written approval front the Owner.Ifthe Architect fails to submit the material change to the Owner within thirty (30)days of the event giving rise to the material change,then the Owner shall have no obligation to change Owner’s budget for Cost of Work,the Owner’s anticipated design,and construction milestones, §1.3The parties shall agree upon protocols governing the transmission and use ofInstruments of Service or any other information or documentation in digital form.The parties Will use AIA Document EZUSTMA2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. §1.3.1 Any tise of,or reliance on,all or a portion of a building information model Without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203W‘720]3,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document (32027”72013,Project Building Infortnation Modeling Protocol Form,shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each oftheir agents and employees. ARTICLE2 ARCHITECT‘SRESPONSIBILITIES §2.1 The Architect shall provide professional services as set forth In this Agreement,The Architect represents that it is properly licensed in thcjurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be pcrfomted by appropriately licensed design professionals. §2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.Architect shall comply with the professional standard of care relative to applicable laws,statutes, ordinances,and regulations and the Owner’s mandated standards that Owner has provided Architect in writing.Owner shall not be responsible for discovering de?ciencies in the accuracy ofArchitect’s work. §2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. §2.4 Except with the Owner’s knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment With respect to this Project. §2.5 The Architect shall maintain the followtng insurance until termination of this Agreement, AIA Document B101 7 2017 Copyright ©1976,1978,1987,1997,2007 and 2017 All rights reserved.“The American Institute 0’Architec American lrislliule DI Architects,"“AIA,”tne AIA Logo,and “NA Contract Documents“are trademarks at The American Institme dt Archi|ects rnis document was produced at 16:10 is ET on 04/29/2024 under Order No.4104246954 whicrr expires on 11/13/2024,is not tar rcsaic,is licensed for onertime use only,and may only he used in accordance Witninc AIA Contmd DucurncntsmTerms of Service To report copynght Violations,e-maii docinto@ataccrilracts cum User Notes:(zoui ieeaaziPage 118 of 260 Inil. 5 2.5.1 Commercial General Liability with policy limits ofnot less than One Million Dollars and Zero Cents (3 1,000,000.00 )for each occurrence and Two Million Dollars and Zero Cents (3 2,000,000.00 )in the aggregate for bodily injury and property damage. §2.5.2 Automobile Liability covering vehicles owned,and nonrowned vehicles used,by the Arcltitect \Vtthpolicy limits ofnot less than One Million Dollars and Zero Cents (it 1,000,000.00 )per accident for bodily injury,death of atty person,and property damage arising out of the ownership,maintenance and use nfthosc motor vehicles.along With any other statutorily required automobile coverage. §2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination ofpi'imary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. §2.5.4 Workers’Compensation at statutory limits. §2.5.5 Employei‘s’Liability with policy limits not less thait Five Hundred Thousand Dollars and Zcro Cents (5i 500,000.00 )each accident,Five Hundred Thousand Dollars aitd Zero Cents (S 500,000.00 )each employee,and One Million Dollars and Zero Cents ($1,000,000.00 )policy limit. §2.56 Professional Liability covering negligent acts,errors and omissions in the performance ofprofessional servrces with policy limits of not less than Five Million Dollars and Zero Cents (S 5,000,000.00 )per claim and Five Million Dollars and Zero Cents ($5,000,000.00 )in the aggregate. §2.5.7AdditionalInsuredObligations.The Owner shall be included as additional insured on the Commercial Liability,Comprehensive Automobile Liability.and Umbrella Excess Liability policies,This coverage shall be primary and noneontribtttory. §25.8 The Architect shall provide certi?cates ofinsurance to the Owner that evidence compliance with the requirements iit this Section 2.5.Certi?cates ofinsurauec acceptable to the Owner shall be ?led with the Owner pHOT to commencement ofthe Work.These certificates and the insurance policies shall contain a provision that coverage afforded under the policies will not be cancelled until at least 30 days’prior written notice has been given to the Owner,except for l0 days notice of cancellation dtte to non-payment. §2.5.9 The Architect shall keep full and detailed records and accounts related to the cost ofthe services and exercise such controls as may be necessary for proper financial management under this Agreement and to substantiate all costs incurred,The accounting arid control systems shall be satisfactory to the Owner.The Owner and the Owner’s auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Architect's records and accounts,including cotnplete documentation supporting accounting entries, books,correspondence,instructions,drawings,receipts,subcontracts,Contractor’s proposals,purchase orders, vouchers,memoranda and other data relating to this Contract.The Architect shall preserve these records for a period of three years after ?nal payment,or for such longer period as may be required by law. §2.5.10 Architect agrees,to the fullest extent permitted by law,to indemnify and hold harmless Owner,Owner's of?cers,employees from any damage,liability,or cost (including reasonable attorney’s fees and costs of defense)to the extent caused by Architect's negligent acts,errors,or omissions in the performance of professional services under this Agreement and those ofhis or her subcontractors or anyone from whom Architect is liable.For claims that are covered by the Architect’s commercial general liability or automobile liability insurance,the Architect shall also be required to defend the Owner and the Owner’s officers and employees from claims by third parties. ARTICLE3 SCOPE OF ARCHITECTS BASIC SERVICES §3.1The Architect‘s Basic Services consist ofthose described in this Article 3 and include structural,mechanical.and electrical engineering services.Services not set forth in this Article 3 are Supplemental or Additional Services. §3.1.1 The Architect shall manage the Architect’s services,research applicable design criteria,attend Project meetings,communicate With members oftlte Project team,and report progress to the Owner AtA Document 5101 7 2017 eupyrignt ©1974,tam,1957,1997,mm and 2017 mi rights reserved “The American Institute otArcnitects,“‘Amerlcan institute cl Architects,"“NA,“the NA chu,and "NA Contract Documents“are trademarks at The American |risti|ute ot Amnitsets This documem was produced at 16 10 t3 ET on 04/29/2024 under Order No.4104246954 which expires on 11/13/2024.ts not tar restate,IS Ilcensed tar one-time use only,and may only be used in accordance Wlih the NA Contract Documents9 Teims n!Servlce To report wDyrlghi violations,Ermall ducintu@aiaccntracts corn Ua-r Notes:(2001166962)Page 119 of 260 lnil. §3.1.2 The Architect shall coordinate its services with those services provrded by the Owner and the Owner’s consultants,The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timelinessof,services and information furnished by the Owner and the Owner’s consultants,The Architect shall provide prompt written notice to the Owner if the Architect becomes aware ofany error,omission,or inconsistency in such services or information, §3.1.3 As soon as practicable after the date of this Agreement,the Architect shall subtnit for the Owner‘s approval a schedule for the performance ofthe Architect‘s services,The schedule initially shall include anticipated dates for the commencement ofconstruction and for Substantial Completion oftlie Work as set forth in the Initial Information.The schedule shall include allowanccs for periods oftime required for the Owner’s review,for the performance ofthc Owner’s consultants,and for approval of submissionsby authorities having jurisdiction over the Project.Once approved by the Owner,time limits establishedby the schedule shall not,except for reasonable cause,be exceededby the Architect or Owner.Willi the Owner’s approval,the Architect shall adjust the schedule,ifnecessary,as the Project proceeds until the commencement of constmctioii. §3.1.4 The Architect shall not he responsible for air Owner‘s directive or substitution,or for the Owner‘s acceptance of non-conforming Work,made or given Without the Architect's written approval. §3.1.5 The Architect shall contact governmental authorities required to approve the Constmction Documents and entities providing utility services to the Project,The Architect shall respond to applicable design requirements imposed by those authorities and entities. §316 The Architect shall assist the Owner in connection With the Owner‘s responsibility for ?ling documents required for the approval of govenimeiital authorities having jurisdiction over the Project. §3.2 Schematic Design Phase Services §3.2.1 The Architect shall review the program and other information furnished by the Owncr,and shall review laws, codes,and regulations applicable to the Architect’s services §12.2 The Architect shall prepare a preliminary evaluation ofthe Owner’s program,schedule,budget for the Cost of the Work,Project site.the proposed procurement and delivery method,and other Initial Information,each in terms of the other,to ascertain the requirements ofthc Project.The Architect shall notify the Owner of(l)any inconsisteneies discovered in the information,and (2)other information or consulting services that may be reasonably needed for the Project, §32.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner approacli(es)to design and construction of the Project.The Architect shall reach an understanding With the Owner regarding the requirements ofthe Project. §3.2.4Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,for the Owner’s approval,a preliminary design illustrating the scale and relationship ofthe Project components. 5 3.2.5 Based on the Owner’s approval oftlie preliminary design,the Architect shall prepare Schematic Design Documents for the Owner‘s approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,ifappi'opi'iate,and preliminary building plans,sections and elcvations;and may include some combination of study models,perspective sketches,or digital representations.Preliminary selections of major building systems and construction materials shall be noted on the drawings or describedin writing §3.2.5.1 The Architcct shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner’s program.schedule and budget for the Cost ofthe Work.The Owner may obtain more advanced sustainable design services as a Supplemental Sen/ice under Section 4.1.1. §3.2.5.2 The Architect shall consider the Value of alternative materials,building systems and equipment,together with other considerations based on program and acstbetics.in developing a desigti for the Project that is consistent With the Owner’s program,schedule,and budget for the Cost of the Work. 1 AIA Document e1o1 ,2017 Copyright©1974.1978,1987.1997,2007 and 2017 All rights reserved “The American institute ol Architects.“"American Institute or Architects,““AIA.”the NA Logo,and “AIAContract Documents"are trademarks orThe Anicilcsn institute ot Architects This document was produoed at 16 it)13 ET on 04/29/2024 under Order No 4104245954 which expires on 11/13/2024,is not lur resale.is licensed lcr one-time use only.and may only be used in accordance Withthe NA Contract Documents"Terms of Sewice To report copyright VlDIatlDHS,e-mall dueinto@alacontracts cum User Nines:(2001166962)Page 120 of 260 Init. §3.215The Architect shall submit to the Owner an estimate ofthe Cost ofthe Work prepared in accordance with Section 6.3. §3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner’s approval. §3.3 Design Development Phase Services §3.31 Based on the Owner‘s approval ofthc Schematic Design Documents,and on the Owner‘s authorization ofany adjustments in the Project requirements and the budget for the Cost ofthe Work,the Architect shall prepare Design Development Documents for the Owner’s approval The Design Development Documents shall illustrate and describe the development oftlie approved Schematic Design Documents and shall consist of drawtngs and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts ofbuilding systems to ?x and describe the size and character oftlie Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also includeotitline speci?cations that identify major materials and systems and establish,in general,their quality levels. 5 3.3.2 The Architect sliall update the estimate oftlie Cost ot'the Work prepared in accordance with Section 6.3. §3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Owner of any adjustments to the estimate ofthe Cost ofthe Work,and request the Owner’s approval, §3.4 Construction DocumentsPhase Services §3.4.1 Based on the Owner’s approval of the Design Development Documents,and on the Owner‘s authorization of any adj tmcnts in the Project requirements and the budget for the Cost of the Work,the Architcct shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development ofthe approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3,6,4, §3 Z The Architect shall incorporate the design requirements of govcmmcntal authorities having jurisdiction over the Project into the Construction Documents. §3.4.3 During the development ofthe Consrniction Documents,the Architect shall assist the Owner in the development and preparation of(l)procurement information that describes the time,place,and conditions of bidding, including bidding or proposal forms;(2)the form ofagreement between the Owner and Contractor;and (3)the Conditions ofthc Contract for Construction (General,Supplementary and other Conditions)The Architect shall also compile a project manual that includes the Conditions ofthe Contract for Construction and Speci?cations,and may include bidding requirements and sample forms §3.4.4 The Architect sliall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. §3.4.5 The Architect shall submit the Construction Documcitts to the Owner,advise the Owner ofany adjusmients to the estimate of the Cost ofthe Work,take any action required under Section 6.5,and request the Owner’s approval. §3.5 Procurement Phase Services §3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors,Following the Owner's approval ol'the Construction Documents,the Architect shall assist the Owner in (l)obtaining either competitive bids or negotiated proposals;(2)con?rming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any;and,(4)awarding and preparing contracts for construction. §3.5.2 CompetitiveBidding §3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. (3'3.5.2.2Titc Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; AlA Document Brut ~zoiv,Copyright ©1974,1973,1987,1997,2007 and Zen All rights reserved “The American Insriiuie ot Archiiects,"“American institute ol Architects,"“AM,”the AIA Logo,and “AIA Contract Documents“are trademarks at The American institute otArctiileels This document was produced at 16.1013 ET on 04/29/2024 under Order No.A104246954 which expires on 11/13/2024,is rioi tor resale,is licensed tor one-time use only,and may oniy be used in accordance wrth the NA Contract Documents“?Terms orSeNiCE To repo?copyright Violations,ermail docinto@aiacontracts.ccm User Notes:12001166562) Page 121 of 260 Init. .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations ofthe Bidding Documents to the prospective bidders in the form of addenda;and, .4 organizing and conducting the opening ofthe bids,and subsequently documenting and distributing the bidding results.as directed by the Owner. §3.5.2.3 Ifthe Bidding Documents permit substitutions,upon the Owner’s written authorization,the Architect shall. consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. §3.5 3 Negotiated Proposals §3.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. §3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion ofthe negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations ofthe Proposal Documents to the prospective contractors in the form of addenda;and, .4 participating in negotiations with prospective contractors,and subsequently preparing a summaiy report of the negotiation results,as directed by the Owner, §3.5.33 Ifthe Proposal Documents peiTnit substitutions,upon the Owner’s written authorization,the Architect shall consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors, §3.6 Construction Phase Services §3.6.1 General §3.6.1.1The Architectshall provide administration ofthe Contract between the Owner and the Contractor as set forth below and in MA Document A201TM401 7,General Conditions of the Contract for Construction.Ifthe Owner and Contractor modify AlA Document A201720 i 7,those modi?cations shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. §3.6.1.2 The Architect shall advise and consultwith the Owner during the Construction Phase Services The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work.nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents,The Architect shall be responsible for the Architect’s negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions ofthe Contractor or of any other persons or entities performing portions of the Work. §3.6.1.3 Subject to Section 4.2 and except as provided in Section 36.6.5,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the tinal Certi?cate for Payment. §3 6 1 Evaluations of the Work §3 2.1 The Architect shall visit the site at points mutually agreed upon with Owner and Contractor prior to or at the start of construction,or as otherwiserequired in Section 4.2.3,to become generally familiar With the progress and quality ofthe portion ofthe Work completed,and to determine,in general,ifthe Work observed is being performed in a manner indicating that the Work,when frilly completed,will be in accordance with the Contract Documents. However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity ofthe Work.On the basis ofthe site visits,the Architect shall keep the Owner reasonably informed about the progress and quality ofthe portion ofthe Work completed,and promptly report to the Owner (l )known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor,and (3)defects and deficiencies observed in the Work. AIA Document em 7 2017.Copyright ©m4,1m,195119912007 and 2m.All rights reserved."the Amertcan institute ot Architects,““American Instttttls at Architects,"‘AiA,"the Am Logo,and “NA Contract Documents"are trademarks at The American Instltute ot Architects.This document was produced at is 10 13 ET on 04/29/2024 under Order No 4104246954 which explres on Wis/2024.is not tor resale.is iICEHSE?tor onetime use only,and may only be used m accordance wi|h the NA Contract Documents“?Terms orService.To report copyright violattons e-mail docinto@aiacontrec|s com User Nut-s:(2001166962)Page 122 of 260 In“. §3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing ofthe Work in accordance with the provisions ofthe Contract Documents,whether or not the Work is fabricated, installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility ofthe Architect to the Contractor, Subcontractors.suppliers,their agents or employees.or other persons or entities performing poitions ofthe Work, §3.6.2.3The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect‘s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. {53.6.2.4 Interpretations and decisions ofthe Architect shall be consistent with the intent of,and reasonably ini'erablc from,the Contract Documents and shall be in writing or in the form of drawings When making such interpretations and decisions.the Architect shall endeavor to secure faithful performance by Contractor and shall not be liable for results ofintcrprctatioiis or decisions rendered in good faith.The Owner’s decisions on matters relating to aesthetic effect shall be ?nal ifconsisteiit with the intent expressed in the Contract Documents, §3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is de?ned in AIA Document A201720l7,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents, §3.6.3 Certificatesfor Payment to Contractor §3..3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certi?cates in such amounts.The Architect’s certi?cation for payment shall constitute a representation to the Owner,based on the Architect’s evaluation of the Work as provided in Section 3.62 and on the data comprising the Contractor‘s Application for Payment,that,to the best ofthe Architect’s knowledge,information and belief,the Work has progressed to the point indicated,the quality ofthe Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to (1)an evaluation ofthc Work for conformance With the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction ofminor deviations from the Contract Documents prior to completion,and (4) speci?c qualifications expressed by the Architect, §3.6.3.2 The is.ance ofa Certi?cate for Payment shall not be a representation that the Architect has (1)made exhaustive or continuous on-site inspections to check the quality or quantity ofthe Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)rcvtewcd copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4)ascertained how or for what purpose the Contractor has used money previously paid on account ofthe Contract Sum. §3.6.3.3 The Architect shall maintain a record ofthe Applications and Certi?cates for Payment. §3.64 Submittals §3.4,1 The Architect shall review the Contractor's subinittal schedule and shall not unreasonably delay or withhold approval ofthe schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence ofan approved submittal schedule,with reasonable proniptness while allowing suf?cient time.in the Architect’s professional Judgment,to permit adequate review. §3.6.4.2The Architect shall review,or take other appropriate action per speci?cations,the Contractor’s submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose ofchecking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose ofdetermining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance ofequipment or systems,which are the Contractor‘s responsibility.The Architect’s review shall not constituteapproval of safety precautions or construction means,methods,techniques.sequences or procedures.The Architect’s approval ofa speci?c item shall not indicate approval ofan assembly ofwhicli the item is a component. nt 13101,2011.Copyright (c 1974,1970,1987,1907.2007 and 2017 Artrights reserved “The American institute crArctutec merican institute oi Architects NA.“the AM Logo.and “NA Contract Documents"are trademarks orThe American |iistitti|s at Architects.This documenl was produced at 15.10.13 10ETon04/29/2024 tinder omerNo.4104246954 which expires on “113/2024,is rioHor resale,is licensed torunthime use onty,arid may only be used in accordance with the AM Contract DocumentsW Terms orSsmca.To report copyright Violatinns,cmaii nocinto@aiacuntracis com User Notes:(2001166962)Page 123 of 260 Init. §3.6.4.3 lfthe Contract Documents speci?cally require the Contractor to proVide professional design services or certi?cations by a design professional related to systems,materials.or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional,provided the submittals hear such professional’s seal and signature when submitted to the Architect.The Architect’s review shall be for the limited purpose ofcliecking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy ofthe services,certi?cations,and approvals performed or provided by such design professionals. §3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need ofclari?cation and the nature ofthe clari?cation requested.The Architect’s response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Speci?cations in response to the requests for information. §3.6.4.5The Architect shall maintain a record ofsiibmittals and copies of submittals supplied by the Contractor in accordancc with the requirements of the Contract Documents. §3.6.5 Changes in the Work §3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent ofthe Contract Documents and do not involve an adjustment in the Contract Sum or an extension ofthe Contract Time.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. §3.6.5.2 The Architect shall maintain records relative to changes in the Work. 553.6.6 Project Completion §3.6.6.1The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner’s review and records,written warranties and related documents required by the Contract Documents and received from the Contractor;and, .4 issue a ?nal Certi?cate for Payment based upon a final inspection indicating that,to the best ofthe Architect’s knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. §3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance ofthe Work with the requirements ofthe Contract Documents and to verify the accuracy and completeness ofthe list submitted by the Contractor of Work to be completed or corrected. §3.6.6.3 When Substantial Completion has been achreved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum,it‘ airy,for ?nal completion or correction ofthe Work. 5 3.6.6.4The Architect shall forward to the Owner the following information received from the Contractor:(1) consent of surety or sureties,it"any,to reduction in or partial release of retainage or the making of ?nal payment;(2) af?davits,receipts,releases and waivers of liens,or bonds indciniiifying the Owner against liens;and (3)any other documentation required of the Contractor under the Contract Documents. §3.6.6.5Upon request ofthe Owner,and prior to the expiration of onc year from the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. AIA Document e101 —2017.Copyright c 1974.1973,1957,1997.20m and 2017 All rights reserved 'The American institute otArehitects,““Amer1caninstitute or Architects.“"NA.“the AIA Logo.and “Am Contract Documents“are trademarks d1 The American lnstituta ol Archttects.This document was produced at 16 10 13 11ETon04/29/2024 under Order No.4104246954 which expires on 11/13/2024.is not for resale,rs licensed for one-time use only,and may only be used rn accordance with the NA Contract Documents”Terms at Service.To report copyright violations.ermall docinfo@aiacpntracts com. User Notes:(20111165952) Page 124 of 260 Init. 53.6.7Disclaimer of Duty to Review SupplementaryVideo Intermation The Parties agree and understand that,during the course ofthe construction of the Work,the Owner,Contractor,or other Project participants may choose to,at their own expense and initiative,make use of supplemental video imageiy aiid information sourced from devices such as project webcams,Unmanned Aerial Vehicles,including but not limited to drones,and/or other videography equipment,in order to obtain visual information and documentation regarding the state ofthe progress and/or quality ofthe Work (collectively "Supplementary Video Information").Nothtlistanding the foregoing,the Parties expressly agree and acknowledge the following: I.Since Supplementary Video Information encompasses only certain limited visual infolmation and provides neither complete nor comprehensive visual lnfol'mation/measurements/dimensions,nor any tactile,auditory, or olfactory feedback whatsoever,such Supplementary Video Information shall not be used as a substitute for or required supplement to Architect‘s Construction Phase services,herein,but rather may,to the extent provided and made available to Architect in a reasonably timely,legible,and complete fashion,supplement the other data and information obtained by Architect pursuant to Architect's Construction Phase Services,herein. 2.Architect shall have no obligation to conduct a comprehensive or continuous review ofany Supplementary Video Information,but rather may,at its sole discretion,choose to review such Supplementary Video Information,or any portion thereof,in connection With the performance ofits Construction Phase Services on the Project. 3.Architect’s receipt of any Supplementary Video Information shall not in any way change the provisions of the Construction Phase Services described,herein. ARTICLE 4 SUPPLEMENTALAND ADDITIONALSERVICES §4.1 Supplemental Services §4.1.1The sen/ices listed below are not included iii Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if speci?cally designated in the table below as the Architect’s responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise speci?cally addressed in this Agreement,ifneither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect 1rSupplemental Serwcer and the Owner Ir Supplemental Services required/m-the Project by indicating whet/tar the Architect or Owner rhall be responsible for providing the identifiedSupplemental Service Insert a description rift/mSupplemental Services in Section 4.1.2 below or attach the description after-vicesas an exhibit to this Agreement.) Supplemental Services Responsibility (Architect,Owner,or natpmwded) §4.1.1.1 Programmin Not provided §4.1.1.2 Multiple preliminary designs NDIDFDVided §4.1.1.3 Measured drawings Notprovided §441.1.4 Existing facilities surveys Owner Site evaluation and planning Notprovided Building Information Model management Architect responsibilities §4.1.1.7 Development ofBliilding Information Models for Notprovided post construction use §4.1.1.8 Civil engineering Notprovided §4.1.13 Landscape design Notprovided _§4.1.1.10 Architectural interior design Architect _§4 11 Value analysis Owner §4.1.1.12 Detailed cost estimating beyond that Not provided required ili Section 6,3 _§4.1.1.13 Orirsitc project representation Not provided _§4.1.1.14 Conformed documents for construction Not provided _§4.1.1.15 As»dcsigned record drawmgs Architect _§4.1.1.16 As-eonstructedrecord drawings Notnrovided _§4...17 Postroccupalicy evaluation Not provided AIA Document 13101—2017 Copyright ©1974,1978.19137,1957,2007 and 2017,All rights resented “The American Institute at Archttects,"“American Institute at A,"the NA Logo.and “AIAContract Documents“are trademarks at The American Institute orArchitects.Tnis document was produced at 16.10 13 12Architects,“‘ ET on n4/29t2024 under Order No 4104246954 which expires on 11/13/2024,is not tor resale.is licensed for One-time use only,and may only be used in accordance wiin the AIA Contract Documsnise Terms or serum To report copyright Violations,email docinto@aiaeuniraeis.com User Notes:(2001166962)Page 125 of 260 Inlt. Supplemental Services Responsibility (Architect,Owner,or not provided) _§4.1 1.18 Facility support services N01PVDVerd _§4.1.1.19 Tenant-related scrviccs N01PlOVldEU §4.1.1.20 Architect’s coordination ofihe Owner’s Notprovtded consultants _§4.1.1.21 Telecommunications/data design Architect(consultant) 3 4.1.1.22 Sccuril evaluation and planning Notprovided 3 4.1.1.23 Commissioning Notprovided §4.1.1.24 Sustainable Project Services pursuant to Section Notprovided 4.13 §4.1.1.25 Fast-track design services Not provided 5 4.1.1.26 Multiple bid packages Notprovided 5 4.1.1.27 Historic preservation N01 PYOVided §4.1.1.28 Furniture,furnishings,and equipment design N01 PmVldEd _§4.1.1.29 Other services providedgbyspecialty Consultants Not provided 5 4.1.1.30 Other Supplemental Services Not provided 5 4.1.2 Description of Supplemental Services 5 4.1.2.1 A description ofeach Supplemental Service identi?ed in Section 4.1.]as the Architect’s responsibility is provided below. (Describe in detail the Architect '3 Supplemental Services identi?edin Section 4.1.1 or,1)"erforth in an exhibit, idemijji the exhibit,The AlA publishes a number 0/Standard F arm ofArchi/ect'r Selvice:doclllllElils that can be included as an exhibit to dercribe the Architect 1iSupple/112nm!Services.) 4.1.1.6 BIM Management:Architect to prepare model for use by Architect and consultants 4.1.1.10 Interior Design:Architect to provide selection of materials and finishes for renovated areas. 4.1.1.15 Record Drawings:Architect to provide Owner with as designed record drawings. 4.1.1.2]Data Design:Architect’s clcctrical cnginccring consultant to provide telecommunications/data design. 5 4.1.2.2A description ofeach Supplemental Service identi?ed in Section 4.1.1 as the Owner‘s responsibility is provided below. (Describe in detail the Owner’s Supplemental Service:identi?edin Section 4 1.!or,1/.ietjbr'lh in an exhibit,identify the exhibit.) 4.1.1.4 Owner to provide existing facilities condition survey information. §4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E204TM72017,Sustainable Projects Exhibit,attached to this Agreement,The Owner shall compensate the Architect as provided in Section 1 1.2. §4.2 Architect'sAdditionalServices Thc Architect may provide Additional Services after execution ofthis Agreement Without invalidating the Agreement. Except for services required due to the fault ofthe Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architccl to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. §4.2.1 Upon rccognizing thc need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: AlA Document B101 ,2017 Cupyrighl©1974.197a.1957.1997.2007 and 2017 All rights reserved “The American institute oi Architects."“American Institute or Architects,“wit,"the AIA Logo.and “NA Contracl Documents"are trademarks at The American institute oi Architects.This document was produced at 15:10.13 13ETon04/29/2024 under Order No.4104246954 which expires on 11/13/2024.is not lor resale.is licensed to!onetime use only.and may only be used in accordance with the AIA Contract Ducuments‘Terms oi Service To report copyright violations.s-mail docinin@aracomrecis.com. User Moles:(20011595521Page 126 of 260 Init. .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner’s schedule or budget for Cost ofthe Work,or procurement or delivery method; .2 Services necessitated by the enactment or revision ofeodes,laws,or regulations,including changing or editing previously prepared Instruments of Sen/ice; .3 Changing or editing previously prepared lnstruinents of Service necessitated by of?cial interpretations of applicable codes,laws or regulations that are either (a)contrary to speci?c interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or (b) contrary to requirements of the instruments of Service when those Instruments of Service were prepared in accordance With the applicable standard of care; .4 Services necessitated by decisions ofthe Owner not rendered in a timely manner or any other failure of performance on the part ofthe Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors.or to other Owner-authorized recipients; 6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing; 8 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .9 Evaluation oftlie quali?cations of entities providing bids or proposals; .10 Consultation conceming replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker,if other than the Architect. §4.22 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,but in any event no later than thirty (30)days from the event necessitating Additional Services,and explain the facts and circumstances giving rise to the need.If,upon receipt oftlie Architect’s notice,the Owner determines that all or parts oftlie services are not required,the Owner shall give prompt written notice to the Architect ofthe Owner’s determination.The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner‘s notice. .1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison ofthe Contract Documents,field conditions,other Owncrrprovidcd information. Contractor-prepared coordination drawings,or prior Project coi‘respondcnce or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation ofContractor’s proposals and supporting data,or the preparation or revision oflnstrumcnts of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker;or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revismns to Instruments of Service resulting therefrom. 554.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services,When the limits below are reached,the Architect shall notify the Owner: .1 Two (2 )reviews of each Shop Drawmg,Product Data item,sample and similar submittalsof the Contractor .2 Twelve (12 )visits to the site by the Architect during construction .3 One (l )inspections for any portion ofthe Work to determine whether such portion ofthe Work is substantially complete in accordance with the requirements ofthe Contract Documents .4 One (l )inspections for any portion ofthe Work to determine ?nal completion. §4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2,3,Construction Phase Services provided more than 60 days after (1 )the date ofSubstantial Completion of the Work or (2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,whichever is arlici',shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing thosc Construction Phase Services. AIA Document 5101 7 2017.Copyright©1974,197a.1967,1997,2007 and 2017 All rights reserved “The American Institute otAmhdec American institute ol Architects,““AiA,”the AIA Logo,and “AIAContract Ducunienis'are trademarks orThe American institute at Architects This document was produced at 1510 13 14ETan04/29/2024 under Order Nd 4104246254 which expires on 11/13/2024,is not tor resaie.is licensed tor (Wartime use only,and may only he used in accordance Withthe AIA Contract Documents?Terms at Service To repdrl copyright Violations,email docinlo@aiacontracis com, User Notes:12001166962)Page 127 of 260 Init. §4.2.5 Ifthe services covered by this Agreement have not been completed within Twetity Four (24 )months ofthe date ofthis Agreement,through no fault ofthe Architect,extension of the Architect‘s services beyond that time shall be compensated as Additional Services. ARTICLE5 OWNER'S RESPONSIBILITIES §5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program,which shall set forth the Owner’s objectives;schedule;constraints and criteria,including space requirements and relationships;?exibility; expandability;special equipment;systems;and site requirements. §5.2 The Owner shall establish the Owner’s budget for the Project,including (1)the budget for the Cost ofthe Work as de?ned in Section 6.l;(2)the Owner‘s other costs,and,(3)reasonable contingencies related to all ofthese costs. The Owner acknowledges that the contingency allowance is to cover funding of unpredictable changes in the work or items ofwork during the construction phase,serving three core purposes:(1)Tu account for coordination issues in the Construction Documents,including errors and omissions,(2)to modify or change the scope ofthc project .(3)to accommodate unknown conditions.The Owner shall update the Owner‘s budget for the Project as necessary throughout the duration ofthe Project until ?nal cotnpletion.lflhe Owner signi?cantly increasesor decreases the Owner‘s budget for the Cost of the Work,the Owner shall notify the Architect,The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. §5.3 The Owner shall identify a representative authorized to act on the Owner's behalfwith respect to the Project.The Owner shall render decisions and approve the Architect‘s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress ofthe Architect‘s services. §5.4The Owner shall furnish sttrveys to describephysreal characteristics,legal limitations and utility locations for the site ofthe Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of—way,restrictions,easements,encroacliments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private, above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. §5.5 The Owner shall furnish services of geotechttieal engineers,which tnay include test borings,test pits, determinationsofsoil bearing values,percolation tests,evaluations ofhazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. §5.6 The Owner shall provide the Supplemental Services designated as the Owner‘s responsibility in Section 4.].1. §5.7 Ifthc Owner identified a Sustainable Objective in Article l,thc Owner shall fulfill its responsibilities as required in NA Document E204TM72017,Sustainable Projects Exhibit,attached to this Agreement. §5.8 The Owner shall coordinate the services ofits own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies ofthe scope of services in the contracts between the Owner arid the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility ofthe Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. §5.9 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials 5 5.10 [Deleted] ni E101 7 2017 Copyright to 1274,1973,1957,1927,2007 and 2017 All rights reserved “The American Institute DIArChtieCIs,“‘Amsrican Institute at AtA,”the AIA Logo,and “NA Contract Documents"are trademarks at The American institute oIArchitecls,This document was produced at 15.10.13 15ETon04/29/2024 under Order No 4104246954 which expires on 11/13/2o24,is not tor resaie,is licensed tor one-time use only,and may only be used in accordance With the AtA Contract Dacuments?Terms or Sen/ICE To report copyright Violatrons.Ermall docinto@aiacontracts.cnm Unr Notes:(2001165962)Page 128 of 260 Inil, §5.11The Owner shall provide prompt written notice to the Architect ifthe Owner becomes aware ofany fault or defect in the Project,including errors,omissions or inconsistencies in the Architect’s Instruments of Service, §5.12The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect‘s services or professional responsibilities.The Owner shall promptly notify the Architect ol‘tlie substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and With the Architect’s consultants shall be through the Architect. §5.13Before executing the Contract for Construction,the Owner shall coordinate the Architect’s duties and responsib 'ties set forth in the Contract for Construction with the Architect’s services set forth in this Agreement.The Owner shall provide the Architect a copy ofthc executed agreement between the Owner and Contractor,including the General Conditions ofthe Contract for Construction, §5.14 The Owner shall provide the Architect access to the Project site prior to commencement ofthc Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. §5.15 Within 15 days after receipt ofa written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE6 COST OF THE WORK §6.1 For purposes ofthis Agreement.the Cost oftlie Work shall be the total cost to the Owner to construct all elements of the Project designed or speci?ed by the Architect and shall include contractors’general conditions costs, overhead and pro?t.The Cost of the Work also includes the reasonable value oflabor,materials,and equipment, donated to,or otherwise furnished by,the Owner.The Cost ofthc Work does not include the compensation ofthc Architect;the costs ofthc land,rights-of—way,?nancing,or contingencies for changes in the Work;or other costs that are the responsibility ofthc Owner §6.2 The Owner’s budget for the Cost of the Work(Construction cost)is provided in Initial Information,and shall be adjusted throughout the Project as required under Sections 5.2.6.4 and 6.5.Evaluations of the Owner‘s budget for the Cost ofthe Work.and the preliminary estimate ofthe Cost ofthc Work and updated estimates ofthc Cost ofthc Work, prepared by the Architect.represent the Architect‘s judgment as a design professional.It is recognized,however,that neithci the Architect nor the Owner has control over the cost of labor,materials,or equipment;the Contractor’s methods of determining bid prices;or competitive bidding,market,or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost ofthc Work,or from any estimate ofthc Cost ofthc Work.or evaluation.prepared or agreed to by the Architect. §6.3 in preparing estimates ofthc Cost of Work,the Architect shall be permitted to include contingencies for design, bidding,and price escalation;to determine what materials,equipment,component systems,and types ofconstluction are to be included in the Contract Documents;to recommend reasonable adjustments in the program and scope of the Project;and to include design alternates as may be necessary to adjust the estimated Cost ofthc Work to meet the Owner's budget.The Architect‘s estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques.lfthe Owner requires a detailed estimate ofthc Cost ofthc Work,the Architect shall provide such an estimate,if identi?ed as the Architect's responsibility in Section 4.1.1,as a Supplemental Service, 5 6.4 If,through no fault ofthc Architect,the Procurement Phase has not commenced within 90 days attcr the Architect submits the Construction Documents to the Owner,the Owner’s budget for the Cost ofthe Work shall be adjusted to re?ect changes in the general level orprices in the applicable construction market. §6.5 If at any time the Architect's estimate ofthe Cost ofthe Work exceeds the Owner’s budget for the Cost ofthc Work.the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size,quality,or budget for the Cost ofthc Work,and the Owner shall cooperate with the Architect in making such adjustments. §6.6 lfthe Owner’s budget for the Cost of the Work at the conclusion ofthc Coiistmction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost ofthc Work; .2 authorize rcbidding nr renegotiating ofthc Project within a reasonable time; AlA Document 5101 —2017.Copyright©1974,1975.195119912007 and 2017 Allrights reserved.“The American institute olAmnlteets,"“ArnErlcan institute of Architects,‘“NA,”the AlA Logo,and “NA Contract Documents"are trademarks of The American institute of Aicnitccts.rnts document was produced a|ts.t0 13 16ETon04/29/2024 under Order No 4104246554 union expires on tilts/2024.is not tor resale.is licensed tor onetime use only,and may only be used in accordance wlth the AlA Contract oocuincntcw reims oi Service.To report copyright violations e-mail doclnlo@aiacontracts com User Notes:(2001166962)Page 129 of 260 lnit. 'u terminate in accordance with Section 9.5; .4 in consultation with the Architect,reVisc the Project program,scope,or quality as required to reduce the Cost ofthe Work:or, .5 implement any other mutually acceptable alternative. §6.7 Ifthe Owner chooses to proceed under Section (7.6.4,the Architect shall modify the Constmetion Documents as necessary to comply with the Owner's budget for the Cost ofthe Work at the conclusion ofthe Construction Documents Phase Services,or the budget as adjusted under Section 66.1.Ifthe Owner requires the Architect to modify the Construction Documents because the lowest bona title bid or negotiated proposal exceeds the Owner’s budget for the Cost ofthe Work due to market conditions the Architect could not reasonably anticipate,the Owner shall compensate the Architect for the modi?cations as an Additional Service pursuant to Section l 1,3,otherwise the Architect's sen/ices for modifying the Construction Documents shall be without additional compensation In any event,the Architect’s modi?cation ofthe Constnlction Documents shall be the limit ofthe Architect's responsibility under this Article 6. ARTICLE7 COPYRIGHTSANDLICENSES §7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project §7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Speci?cations,and shall retain all common law,statutory and other reserved rights,including copyrights,Submission or distribution oflnstruments of Service to meet official iegulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation ofthe reserved rights ofthe Architect and the Architect's consultants. §7.3 The Architect grants to the Owner a nonexclusive license to use the Architect‘s Instruments of Service for purposes ot‘constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due pursuant to Article 9 and Article I I.The Architect shall obtain similar nonexclusive licenses from the Architect‘s consultants consistent With this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors, Sub-subcontractors,and suppliers,as well as the Owner’s consultants and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established puisuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.Ifthe Architect rightfully terminates this Agreement for cause as prowded in Section 9.4,the license granted in this Section 7.3 shall be as mutually agreed. §7.3.1 [Deleted] §7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicensc,pledge or otherwise transfer any license granted herein to another party without the prior written agreement ofthe Architect.Any unauthorized use ofthe Instmments of Sen/ice shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. §75 Except as otherwise stated in Section 7.3,the provisions ol‘this Article 7 shall survive the termination ofthis Agreement ARTICLE8 CLAIMSAND DISPUTES §8,1 General 5 8.1.1The Owner and Architect shall commence all claims and causes ofaetion against the other and arising out ofor related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period speci?ed by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1, §8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents,and employees ofthe other for damages,except such rights AIADocument 3101 7 2017.Copyright ©1974,1975,1887,1997,2007 and 2017 Allrights reserved “The American institute ulArch/lects.““Amer/can Instltute cl Architects,"“NA,"the NA Logo,and WA Contract Documents"are trademarks of The American Institute at Archllects.This document was produced at 16.10 13 17ETon04/29/2024 under Order No.4104246954 wnicn expires on 11/13/2024.is not lm resale,is licensed lororie-time use only,and may only be used in accordance Witn the AIA eonlian Documents?Terms orService To report copyrigni Violations.ermail docinfo@aiacontrac|s com User Notes:(2001166952)Page 130 of 260 lnlt. as they may have to the proceeds of such insurance as set forth in AIA Document A20172017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require ofthe contractors,consultants, agents,and employees of any ofthcm.similar Waivers in favor ofthe other parties enumerated herein. §8.1.3 The Architect and Owner waive consequential damages for claims,disputes,or other matteis in question, arising out of or relating to this Agreement,This mutual waiver is applicable,Without limitation,to all consequential damages due to either party‘s terminationofthis Agreement,except as speci?cally provided in Section 97. §8.2 Mediation §8.2.1Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.if such matter relates to or is the subject ot‘a lien arising out ofthe Architect’s services.the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution ofthe matter by mediation or by binding dispute resolution. §8.2.2 The Owner and Architect shall endeavor to resolve claims.disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherWIse,shall be administered by the American Arbitration Association in accordance With its Construction Industry Mediation Procedures in effect on the date ofthis Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and tiled with the person or entity administering the mediation.The request may be made concurrently With the filing ofa complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance ofbinding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of ?ling,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection ofthe arbitratorts) and agree upon a schedule for later proceedings. §8.2.3 The parties shall share the mediator‘s fee and any filing fees equally.The mediation shall be held in the place Where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof §5.2.41fthe parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the followmg: (Check the appropriate box) []Arbitration pursuant to Section 8.3 of this Agreement [X ]Litigation in a court ofcompetentjurisdiction []Other:(Spec'lfl’) It‘tlie Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute Will be resolved in a court of competent jurisdiction. {58.3 Arbitration §8 1 It'tlic parties have selected arbitration as the method for binding dispute resolution in this Agreement,any claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by. mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance With its Constmction Industry Arbitration Rules in effect on the date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and ?led with the person or entity administering the arbitration. 5 8.3.1.1A demand for arbitration shall be made no earlier than concurrently With the filing ofa request for mediation, but in no event shall it be made after the date when the institution oflegal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute oflimitations,For statute ofhmitations AIA Document aim 7 2m 7.Copyright ©1974,197a.1957.1997.2007 and 2017 All rights reserved “The American Institute or Architects,"“American Inslltute ct Architects,"“AIA,”the AIA Logo,and “AIAContract Documents"are trademarks at The American institute ct Architects This document was produced at is to 13 18ETon04/29/2024 under Order Nd 4104245954 which expires on HMS/2024,is not tor resale,is licensed tor onerlime use only.and may only be used in accordance with the NA Contract Documents®Terms of Servlce To report copyright Violations,B-mall docinro@aiacontracts com. User Notes:12001156962)Page 131 of 260 Init. purposes,receipt ofa written demand for arbitration by the person or entity administering the arbitration shall constitute the institution oflegal or equitable proceedings based on the claim,dispute or other matter in question. §8.3.2The foregoing agreement to arbitrate,and other agreements to arbitrate with aii additional person or entity dtily consented to by parties to this Agreement,shall be speci?cally enforceable in accordance with applicable law iii any court havmg jurisdiction thereof. §83.3 The award rendered by the arbitrator(s)shall be ?nal,and Judgment may be entered upon it in accordance with applicable law in any court havingjurisdiction thereof. §8 3 4 Consolidation or Joinder §8 1 Either party,at its sole discretion,may consolidate an arbitration condtlcted under this Agreement with any other arbitration to which it is a party provided that (l)the arbitration agreement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions oflaw or fact; and (3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). (5 8.3.4.2Either party,at its sole discretion,may include byjoiiider persons or entities substantially involved in a common question oflaw or fact whose presence is required ifccmplete reliefis to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joindei',Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim.dispute or other matter in question not described in the written consent. §8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3,whether by joinder or consolidation,the same rights ofjoinder and consolidation as the Owner and Architect under this Agreement. §8.4 The provisions ofthis Article 8 shall survive the termination of this Agreement. ARTICLE9 TERMINATION0R SUSPENSION §9.1 lfthe Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformanee and cause for termination or,at the Architect’s option,cause for stispension of performance of services under this Agreement.lfthe Architect elects to suspend services,the Architect shall give seven days’written notice to the Owner before suspending services.In the event ofa suspension of services,the Architect shall have no liability to the Owner for delay or damage caused by the Owner because ofsuclt suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension.The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted, §9.2 lfthe Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted §9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault ot'tlte Architect,the Architect may terminate this Agreement by giving not less than seven days’written notice. §9.4 Either party may terminate this Agreement upon seven days’written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault ofthe party initiating the termination. §9.5 The Owner may terminate this Agreement upon seven days’written notice to the Architect for the Owner‘s convenience and Without cause. §9.61fthe Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 93,the Owner shall compensate the Architect for services performed prior to termination. §9.7 (Paragraphs deleted) [Deleted] AlA Docu nt 5th —2017 Copyright ©1974,1975,1937,1997,20m and 2011A“nghts reserved,“The American Inshtute otArcttttec merican institute cl Architects ‘AIA,“the AIA Logo,and “NA Contract Documents“are trademarks orThe American Institute at Architects This document was produced at 15 to 13 19ETon04/29/2024 under Order No 4104245954 which expires on 1 tits/2024,is not for resale,is llcensed tor one—limeuse only,and may only be used in accordance with the AIA Contract Documentse Terms ot Sermce,To report copyright violations,ermatl docinlo@aiacunhacts.ccm, User Mates:12001166962)Page 132 of 260 Inil. §9.8 Except as otherwise expressly provided herein,this Agreement shall teiininate one year from the date of Substantial Completion. §9.9The Owner’s rights to use the Architect’s Instruments of Service in the event ofa termination ofthis Agreement are set forth in Article 7 and Section 9,7. ARTICLE10 MISCELLANEOUSPROVISIONS §10.1This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction‘s choice oflaw titles.Ifthe parties have selected arbitration as the method ofbinding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. §10.2Terms in this Agreement shall have the same meaning as those iii AiA Document A20172017,General Conditions of the Contract for Construction. §10.3The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreementwithout the written consent ofthe other,except that the Owner may assign this Agreement to a lender providing ?nancing for the Project ifthe lender agrees to assume the Owner’s rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. §10.4Ifthc Owner requests the Architect to execute certi?cates,the proposed language of such certi?cates shall be submittedto the Architect for review at least 14 days prior to the requested dates of execution.lfthc Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent .ubinitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope ofthis Agreement. §10.5Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. §10.6Unless otheiwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project sitc. §10.1 The Architect shall ii'ctVCthc right to include photographic or artistic representations ofthe design cftiic Project among the Architect‘s promotional and professional materials,The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect‘s materials shall not include the Owner’s con?dential or proprietary information ifthe Owner has previously advised the Architect in writing ofthe speci?c infomiatioii considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner‘s promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. §10.8Iftlie Architect or Owner receives information speci?cally designated as "confidential"or "business proprietaiy,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set foith in Section 10.8.|.This Section 10.8 shall survive the termination ofthis Agreement. §10.8.1The receiving party may disclose "con?dential"or "business proprietary"information after 7 days’notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessaiy for the receiving party to defend itselfin any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors in order to perform servrces or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use ofsuch information as set forth in this Section 10.8, §10.5 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions,Ifit is determined that any provision ofthe Agreement violates any law,or is otherwtse invalid or AiA Docu stat —2017 copyright c 1574,1975,1997,1997,2007 and 2m 7.An rights reserved.~riio Amcnccn Institute oi Architects,“"American Institute at Architects IA,“tnc AiA Logo.and “NA Contract Documents“are trademarks oi inc American institute at Architects This document was produced at is to is 20ETon04/29/2024 under ordci No A104246954 wnicn expires on 11/13/2024,is not icr resale,is licensed lor onertime use cniy,and may only be used in accordance with the AiA Contract Documentsw Terms oi Service.To report copyright Violations,e-mail doeinio®aiacontracts com. User Notes:12th 155952)Page 133 of 260 Init. unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties’intentions and purposes in executing the Agreement. ARTICLE11 COMPENSATION §11.1For the Architect‘s Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) (Paragraphs deleted)0ne Hundred Ninety Nine Thousand Two Hundred Dollars and Zero Cent ($199,200.00) §11.2For the Architect’s Supplemental Servtces designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: (Insert amount of al‘basis/”or;calitpertsalian.lfriecessacv,Iislspcel?c services to which parlicltIar methods of compensation apply.) Hourly or as mutually agreed upon in advance of services §11.3 For AdditionalServices that may arise during the course ofthe Protect,including those under Section 4.2,the Owner shall compensate the Architect as follows: (Insert amount o?or‘basis for,compensation.) Hourly or as mutually agreed upon in advance of services 5 11.4 (Paragraph:deleted) [Deteted] §11.5 When compensation for Basic Services i.scd on a stipulated sum or a percentage basis,the proportion of compensation for each phase of sen/ices shall be as follows: Schematic Design Phase Twenty percent (20 %) Design Development Phase Twcnty»tive percent (25 %) Construction Documents Twenty-?ve percent (25 “/n) Phase Procurement Phase Five percent (5 "/u) Construction Phase Twenty-?ve percent (25 %) Total Basic Compensation one hundred percent (l00 "/u) (Paragraphs deleted) 5 11.7 The hourly billing rates for services ofthe Architect and the Architect’s consultants are set forth below,The rates shall be adjusted in accordance with the Architect‘s and Architect's consultants'normal review practices, (Ilepp/l'cable,attach an exhibit ofhollrly billing rare:or nucrr them below.) See Exhibit c ,Schedule ofHourly Compensation &Reimbursable Expenses Employeeor Category Rate ($0.00) AlA Document B101 7 2017 Copyright ©1974,107e,1957,1927,2007 and 2017 All rights reserved,"Th8 American Insttlula o1 Architects:“American institute oi Architects."“AlA.”the NA Logo,and “NA Contract Documents"are trademarks ot The American Institute orArcttttecls This document was produced at 1610.13 21ETon04/29/2024 under Order No.410A246954 wntcrt explres on 1013/2024.ts not tut resale.ts llcerised tor onetime use only.and may only be used tn accordance wt|h the NA Contract DocumentsG Terms orService.To report oooynght violations.ermail docrnlo@aiacontracts com User Not“:(2001 tsesoztPage 134 of 260 Init. §11.8 Compensation for Reimbursable Expenses §11.8.1Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project.as follows: .1 Transportation and authorized out-of-town travel and subsistence; Long distance servtces,dedicated data and communication sen/ices,teleconferenees,Project web sites. and extranets; Permitting and other fees required by authorities havingjurisdiction over the Project; Printing,reproductions,plots,and standard form documents; Postage,handling,and delivery; Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner,and with the Owner‘s prior written approval,the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess ofthat normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses, .10 Site of?ce expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective;and, .12 Other similar Project-related expenditures. N" Na shu a §11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Five percent (5 %)ofthe expenses incurred. §11.9 (Paragraphs deletes? [Deleted] §11.10 Payments to the Architect §11.10.1 Initial Payments §11.10.1.1An initial payment of Zero ($0 )shall be made upon execution oftliis Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the ?nal invoice. §1110.11 lfa Sustainability Certi?cation is part ofthe Sustainable Objective,an initial payment to the Architect of Zero (8 0 )shall be made upon execution ofthis Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification.The Architect‘s payments to the Certifying Authority shall be credited to the Owner‘s account at the time the expense is incurred. §11.101 Progress Payments §11.10.11 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation ofthe Architect‘s invoice,Amounts unpaid Forty Five ( 45 )days after the invoice date shall bear interest at the rate cntcrcd below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business ofthe Architect. (Insert rate ofmonthly or animal interest agreed upon ) 1.5 %Monthly Payments to be submitted to the following address: JLG Architects Attn:Accounting 323 Demers Ave 2nd Floor Grand Forks,ND 58201 §11.10.22 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. AIA Docu ni aim —2017 Copyright @ 1974.1973,1937.1997.2007 and 2017.All rignis reserved.“The American Inslitute olArchitects.““American Institute or Architecls “Al ‘the NA Logo.and "NA Contract Documents"are trademarks ol Tris American Institute cl Architecls This document was produced at 16 1o 13 22ETon04/29/2024 under Order No.4104246954 which expires on 11/13/2024,15 not for resale,is licensed tor onetime use only,and may only he used in accordance with lhe AiA Conliacl Documents”Terms of Service To roporl copyright violations,e-maii docinln@aiacontracts com. User Notes:12001166962)Page 135 of 260 Inlt. §11.10.23 Records ochimbul'sable Expenses,expenses pcrtaining to Supplemental and Additional SBI'VICES,and services performed (In the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and Conditions applicable to this Agreement.) None §12.l Data Practices.The Architect must comply With the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,as it applies to (1)all data provided by the Owner pursuant to this Agreement,and (2)all data, created,collected,received,stored,used,maintained,or disseminated by the Architect pursuant to this Agreement The Architect is subject to all the provisions ofthe Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minn.Stat.§13.08,as if it were a government entity.In the event the Architect receives a request to release data,the Architect must immediately notify the Owner.The Owner will give the Architect instructions conceniing the release ofthe data to the requesting party before the data is released.Architect agrees to indemnify,and hold the Owner,its of?cials,of?cers,,employees,harmless from any damages resulting from Architect‘s offlcers‘,agents’,owners’,partners’employees',volunteers’,assignees'or subcontractors’unlawful disclosure and/or use of protected data,The terms of this section shall survive the cancellation or termination of this Agreement. §12.Z Pursuant to Minn,Stat,§471.425,subd,4a,the Architect must pay any subcontractor Within ten (10)days ofthe Architect’s receipt of payment from the Owner for undisputed services provided by the subcontractor,The Architect must pay interest of one arid one»halt‘percent (1V2%)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$lO0.00 or more is $10.00.For an unpaid balance oi‘less than $100.00,the Architect shall pay the actual penalty due to the subcontractor. ARTICLE13 SCOPE OF THE AGREEMENT §13.1 This Agreement represents the entire and integrated agreement‘betweenthe Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. 5 13.2 This Agreement is comprised of the following documents identi?ed below: .1 AIA Document BlOITM72017,Standard Form Agreement Between Owner and Architect .2 AIA Document EZOBWLZOI3,Building Information Modeling and Digital Data Exhibit,dated as indicated below: (Insert the rim of rire 520372013 incorporated into this agreement.) N/A .3 Exhibits: (Check the appropriate box/orany exhibit:incorporated into this Agreement.) []AIA Document E2047M72017,Sustainable Projects Exhibit.dated as indicated below: (Insert the date qfr/ie 5204—201 7 incorporated into this «gr-ceriienr.) [X ]Other Exhibits incorporated into this Agreement: (Clear/y identify any other exhibits incorporated into this Agreement,including any exhibits rim!scopes of services identi?eda:exhibits in Section 4 1.2.) Exhibit A:Rambling River Center Study,JLG Architects,January 2024 Exhibit B:Facilities Condition Assessment by Kraus-Anderson Exhibit C:JIiG Image Release AtA Ducum2n|B1D1 7 2017.Cupyngh|@1974,197a,1987,1997,2007 and 2011A“rights reserved “The American Institute ulArchitesz."“American Institute or Architects,““AIA,"the AIA Logo.and “NA Contract Documents"are trademarks of The American institute at Architects,this document was produced at in to 13 23ETon04/29/2024 under Order No.4104246954 which expires on 11/13/2024.is not icr resale.is licensed lcr one-time use only.and may only be used in accordance with the NA Contract DDCUmEniSaTerms at Service.To report copyrignt Violations.email ducrntc@aiawniracts corn User Notes:12001166962)Page 136 of 260 Exhibit D:Schedule of Hourly Compensation &Reimbursable Expenses .4 Other documents: (List other dacrrmcmx,ifany,forming part of the Agreement ) This Agreement entered into as of the day and year ?rst written above, OWNER(Signature)?CHiTECT(Sigrra‘rm Joshua Ho t,Mayor Pamela Bakken Anderson Principal (Primed name and ri?e)(Printed name,[(112,and license number:ifrequr‘r'ed) Owner (Sig/1mm9) Shirley R Buecksler,C ExClei (Printed name and ride) I .t AlA Dacumeni B101 7 2017 Cupynght re 1974‘1975,1937,1997‘2007 and 2017.All ngmsreserved “The American Inemure noAmnrrems,""Amencan insmure of "'-Arcmiecrs,““NA,“the NA Lager and WA Contracl Documenls“are trademarks 0!The American lnstitute orArcnriccis This ccnumenrwas pmduced a|16.10 13 24ETon04/29/2024 under Order No 4104240954 wnrcnexpires on 11/13/2024,rs not far resale‘rs licensed tor overtime use only,and may only be used rn I accordance with rneAlA Cuntracl DocumentsmTerms orService To rcpcn cupyngmvmla|ions‘e-mail docinin@a|acantracls wm Unr More .(2001166962)Page 137 of 260 Additions and DeletionsReport for AIA®Document3101®—2017 This Additions and Deletions Report‘as de?ned on page 1 oi the associated document,reproduces below ali lexl the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted irom the original AIA text,Added text is shown Underlined Deleted text is indicated wllh a horizontal line through the original NA text. Note:This Additions and Deletions Report is provided tor intorrnatton purposes only and is not incorporated into or constitute any part orthe associated AIAdocument This Addiltuns and Dotetions Report and its associated document were generated simuitarieousiy by AIA software at 16:10:13 ET on 04/29/2024 PAGE 1 AGREEMENTmade as of the Sixth day of Ma in the year Two Thousand and Twenty Four City of Farmington Minnesota municipal corporation 430 Third Street Farmington MN 55024 11.6 Architects 710 South Second Street 8‘“Floor Minneapolis MN 5540] 23148 -Rambling River Center Renovation 325 Oak St Farmington MN 55024 Renovation ofthe existintzbuilding based upon thejlanning study completed by JLG Architects in January 2024. (Exhibit A}alontzwith additional deferred maintenance as identi?ed in Exhibit B PAGE 2 Owner’s program has been established by the planning study completed by JLG Architects in January 2024. The scope of renovations will include all phases as identi?ed in the planning studvtAttachmentA]along!with additional facility improvements as identi?ed in facility condition assessment completed by KrausrAnderson Attachment B and includes: 0 Replacement of exterior doors and one overhead door I Replacement of exterior windows I Tuclgpoinling of brick facade 0 Replacement of HVAC equipment -Replacement of mu?n r 0 Replacement of electrical switchgear -Replacement of sccurrg cameras -Other renovations to existing Spaces identi?ed on Attachment B PAGE 3 Total Droiectbudget for the Droiectis $2 548 000 including construction contingency.The construction budget is $1 992 000 Additions and Deletions Reporl tor AtA Document 5101 ,2017 Copyright o 1974i 1970.1907,1997,2007 and 2017 Allrignts reserved,“The American Institule et Architects,““American inslitute 0!Architects,”‘AIA,“tne Am Logo,and “AKAContract Doouments'are trademarks orThe Ameriean institute of Architecls.Tbls document was produced at 15 10 13 ET on 04/29/2024 unoarOrder No 4104246954 which expires on 11/13/2024.is not tor resate.is iioenseo tor one-time use only,and may only be used in accordance Witntne NA Contract DocumentsmTerms at Service To report copyright violations,ermait docinln@aiaconlracts com User Notes:12001155962) Page 138 of 260 Schematic Design completion:June 9 2024 Design Development comglettoni July 2l 2024 Construction Document comgletion:August 16 2024 September 23 2024 Februa?9 2025 Competitive bid of single bid ga age None 5 1_1_?l4\’4‘tla n -,t .‘r '.kl ms!-t'at n a A L‘t ._t.It pt r t- f t AIA n t mnnmgm h'in r me.e n As i.a r Ola . i A't'3 t teat .tta?v ‘kl m.’r H‘E’IIM 'mi'l'-.Hi 0 .t-t t.n' J -‘1”is i' A in t L n-r .Ola Ft .ARML’MHV'§t1.»we».r..A m . r tit i ,,v A nut.us -}‘I mt vv‘J Kellee Omlid Parks and Recitation Director City ofFarmington 430 Third St.Farmington MN 55024 65 l -280—6851 komlid @farnttngtonmngov The Citv Councrl Cit Administrator Lynn Gorski and their designees shall review the Architect’s snbmtttals to the Owner. PAGE 4 TBD if required TBD ifreguired JLG Architects Pamela Anderson Senior Principal 710 S.Second St,8‘h?oor Minneapolis MN 55401 Audrtipns neietions Report tor AIA Docum nt taint -2017,Copyright ©1974‘rpm 1957,1297,20m and act 7.An nghte reseNad “The American institute oi Architects men'can institute oi Architeel 'AiAi"the NA Logo,and 'AlA Contract Documents“are trademarks at The American institute 01 Architects.This 2documentwasproducedat1610:13 ET on 04/29/2024 under Order No.4104246954 which expires on 11/13/2024,is nut tar resale,is sensed tor onetime use pniy,and may only be usaein accordance With the NA cuntract Documents?Terms orSewice.To report copyright violationse-niait ctocinte@aiacontraets com User Notes:12001155952)Page 139 of 260 Paulson &Clark Engineering Inc. 2352 East County Road I Whlte Bear Lake MN 55110 651.407.6056 Paulson &Clark Engineering Inc. 2352 East County RoadJ White Bear Lake MN 55110 651 407.6056 Paulson ELClark Engineering Inc. 2352 East County Road J White Bear Lake MN 55110 651.407.6056 PAGE 5 None §1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information maymaterially a .4"1L 1 1‘11 n .411 A 11 1 I it W ‘4'1 I;,th 111 It 1;,11 11 A I c 1L 1:1 11 -,.1111 A 1:1 11 1» 1-_1~t.n a ti AJ'1 sun 14,4 1c 11in 1r1tiui L ,i1er1 ~1"1AA -A 1e.-I 1 ’ ’d t t '‘‘ 5 '“''t'"f '.hange lfthe Architect ldentlflesalnatertal change suchthat Architect 5 services schedule for Architect'5 services and the Architect'5 compensation maV be affected then the Architect shall submit information regarding that DuJ/ortedmaterlal change and anv information substantiating the material change to the Owner within thirty (30]davs ofthe event t-rivtng rise to the material change for revtew.The Owner’s budget for Cost of Work the Owner’s anticipated design and construction milestones shall not change Without written annroval from the Owner.If the Architect fails to submit the materialchange to the Owner within thirtv (30)da 5 ofthc event giving rise to the materlal change then the Owner shall have no obligation to change Owner‘s budget for Cost of Work the Owner’s anticipated dcsi n and construction milestones. §2.2 The Architect shall perform its services consistent with the professronal skill and care ordinarily provided by architects practicing in the salne or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent With such professional skill and care alld the orderly progress of the Project.Architect shall comely With the professional standard of care relative to aupllcable laws statutes ordinances and regulations and the 0wnet"s mandated standards that Owner has DrovidedArchitect in writing.Owner shall not be responsible for discovering de?ciencies in the accuracy ofArclliteet‘s work. §2.5_The Architect shall maintain the following Insurance 1111111termination oflhis Agreement.If—a-nyeeélthe 1 tFnLkl '1A11iti1.‘>,ii11iiitti'11 II1., Additions and Deletions Report icrAIA Document 13101 7 21117 Copyrighl©1974,1578,19117,1997,2007 and 2017.All rights reserved "The American institute o1 Architects.""American institute at Architects."“AlA.”the AIA Logo.and "AIAContract Documents“are trademarks ol This American Institute at Architects This documenl was produced a|16 10 1:1ET on 04/29/2024 under Dider No.4104246954 wnicti explres on 11/13/2024.is not tar iessle,is licensed tar one-time use only.and may only he used in accordance witn the NA Conlracl Documentse Terms of Service To report copyright Violations.email dacinlo®aiacuntiactssum User Notes:(20011669621 Page 140 of 260 §2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ l 000 000.00 )for each occurrence and Two Million Dollars and Zero Cents (5 2 000 000,00 )in the aggregate for bodily injury and property damage, §2.5 2 Automobile Liability coveringvehicles owned and non--owned vehicles used by the Architect w1th policy limits ofnot less than One it Dollars and Zero Cents (SB1 000 000 00 )pei accident for bodily Injury,death of any person,and proncity damage arising out nfthe ownership,maintenance and use ot those motor vehicles,along with any other statutorily required automobile coverage. §2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result In the same or greater coverage as the coverages required under Sections 2.5 l and 2.5.2 and in no event shall any excess oi umbrella liability insurance providenarrowei coverage than the puma“!pane),TI t . V I V]VI n r I tls L t'm A t l-u lLda a (la WWW PAGE 6 §2.5.5 Employers’Liability Willi policy limits not less than Five Hundred Thousand Dollars and Zero Cents (S 500 000.00 )each accident,Five Hundred Thousand Dollars and Zcro Cents (S 500 000,00 )each employee,and One Million Dollars and Zero Cents ($1 000 000.00 )poliey limit. §2.5.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits ofnot less than Five Million Dollars and Zero Cents ($5 000 000.00 )per claim and Five Million Dollars and Zero Cents (XS5 000 000.00 in the aggregate. §257AdditionalInsuredobligations.T"F "t t to -"t “1 ',"~Vt .1'1L 1*V"J A L.II.I'r .m .tr or“!AAt uir't‘l'.lr‘14.41 n , rtllv'1‘AF I‘A'kl -' k ck,9k A int H t t "_'l‘l.Ad't‘I III tkf 0 man .i"rLoitllFLanbetb—ongemg—and—comptetedeperaomTheOwnershallbeincludedasadditionalinsuredontheCommercial Liabilit Comprehensive Automobile Liability and Umbrella Excess Liability policies,This coverage shall be primary and noncontributory. §2.5.8 The Architect shall provide certi?cates of insurance to the Owner that evidence compliance With the requirements in this Section 2.5.Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement ofthe Work.These certi?cates and the insurance policies shall contain a provision that coverage afforded under the policies will not be cancelled until at least 30 days’prior written notice has been given to the Owner except for 10 da s notice of cancellation due to non-payment. 6 2.5.9 The Architect shall keep full and detailed records and accounts related to the cost ofthe services and exercise such controls as may be necessaiy for proper ?nancial management under this Agreement and to substantiate all costs incurred.The accounting and control 5 stems shall be satisfactory to the Owner.The Owner and the Owner’s auditors shall duringrgznlar business hours and upon reasonable notice be afforded access to and shall be permitted to audit and copy the Architect‘s records and 'counts including complete documentation supporting accounting entries books correspondcncc instructions drawings receipts subcontracts Contractor's proposals purchase orders vouchers memorandaand other data relating to this Contract,The Architect shall preserve these records for a period of three ears after ?nal payment or for such longer period as may be required b law, 6 2.5.10 Architect agrees to the fullest extent permitted by law to indemnify and hold harmless Owner Owner’s officers employees ti'om any damage liability or cost (including reasonable attomey’s fees and costs of defense)to the extent caused by Architect’s negligent acts errors or omissmnsin the performance ofprofessional services under this Agreement and those of his or her subcontractors or anyone from whom Architect is liable.For claims that are covered bVthe Architect’s commercial general liability or automobile liability insurance the Architect shall also be required to defend the Owner and the Owner’s officers and employees from claims b third parties. Addltlons and Deletlons Report tor AIA Documem 5101 7 2017,Copyrignt@1974,1973,1907.1997.2007 and 2017.All rlghts reserved “The Amertcan Instltute tat Architects,““Amerlcan lnstrtute orArcht|ects.““NA."the NA Logo.ano“AlA contract Documents“are trademarks at The American lnstttutc ol Architec|s This 4documentwasproouosoat15:1013 ET on 04/29/2024 under Order No 4104245954 wnrcnexplres on 1 1713120211.ts not tor resate.ls licensed tor onertlme use only.and may only be used tn accordance wtth the NA Contrac|Documentsw Terms ot Service.To reporl copyrlght ytolstrons.e-matl doclnlo@aracontrac|s com User Notes:(2001155992)Page 141 of 260 §31 The Architect’s Basic Services consist ofthose described in this Article 3 and include usualwand—eustemaiy structural.mechanical,and electrical engineering services.Services not set forth in this Article 3 are Supplemental or Additional Services. PAGE7 §3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner altematiw—appreaehesappreach es to design and construction ofthe Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. PAGE 9 §3.5.2.3 Ifthe Bidding Documents permit substitutionsupon the Owner 5 Written authorizationthe Architect shall Wound”requests for substitutions and prepare and distribute addenda identifying approved substitutionsto all prospective bidders §3.5.3.3 lftlie Proposal Documents permit substitutionsupon the Owner s wiittcn authori7ationthe Architect shell-l- as—an—Additiennl—Sewiee—shallconsiderrequests for substitutions and piepaie and distribute addenda identifying approved substitutions to all prospective contractors. §3.6.2.1The Architect shall visit the site at intervaisappreprime—te—the—stage—pointsmutually agreed upon with Owner and Contractor prior to or at the start of construction‘or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality ofthe portion ofthe Work completed,and to determine.in general,iftlie Work observed is being performed in a manner indicating that the Work.when fully completed,will be in accordance with the Contract Documents.However.the Architect shall not be required to make exhaustive or continuous on»site inspections to check the quality or quantity ofthe Work.On the basis ofthe site visits,the Architect shall keep the Owner reasonably informed about the progress and quality ofthc portion oftlie Work completed,and promptly report to the Owner (1)known deviations from the Contract Documents.(2)known deviations from the most recent construction schedule submitted by the Contractor,and (3)defects and de?ciencies observed in the Work. PAGE 10 §3.6.2.4 Interpretations and decisions ofthe Architect shall be consistent with the intent of,and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions the Architect shall endeavor to secure faithful performance by beth—aner—ené—Gent-raeter—shal-l—net shew-pamahty—teeither—and—shall—netrContiaetorandshall not be liable for iesults ofintei‘pretations or decisions rendered in good faith.The ArchiteetlsOWnei s decisions on matteis relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. §3.6.4.2The Architect shall reviewend—a-pprewrreview or take other appropriate action Wyer specifications the Contractor’s submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such subiriittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect’s review shall not constitute approval of safety precautions or construction means, methods,techniques,sequences or procedures.The Architect’s approval ofa speci?c item shall not indicate approval of an assembly of which the item is a component. PAGE 12 5 3.6.7 Disclaimerof Duty to ReviewSupplementary VideoInformation The Parties agree and understand that during the course ofthe construction ofthe Work the Owner Contractor or other Proiectnaiticipants may choose to at their own expense and initiative make use ofsupolemental video imagei'V and information sourced from devices such as uroiectwebcams Unmanned Aerial Vehicles including but not limited to drones and/or other videographv eauipmcnt in order to obtain visual information and documentation regarding the Additions and Deletions Report tcrAlA Document B101 —2017 Copyrigni®1s74,197a.1907.1997.2007 and 2017 All rights reserved “The American institute at Architects.““American Institute of Architects."“NA.“the NA Logo.and “AIACuntracl Documents"are trademarks ol The American Instituia nt Architects This dccumeni was produced at is 1013 ET on 04/29/2024 under Order No 4104246954 which expires on 11/13/2024.is not for resale.is licensed to!one-time use only.and may only be used in accordance with the NA Contract DocumentsD Terms at sen/ice To report copyright Violations.e'mEti docinlo@alamntracls.wm. User Notes:12001issesziPage 142 of 260 state ofthe nrogress and/or quality ofthe Work (collectively ”Supplementary Video Information").Notwithstanding the foregoing the Parties exoressl agree and acknowledge the following: 1.Since Stipoleinentarv Video Information encompasses only certain limited visual information and provides neither complete ltor comprehensive visual inf0rmation/measuremeltts/dlmctisions ttor any_tactile auditor or olfactorvfeedback whatsoever such Supplementary Video Information shall not he used as a substitute for or required supplement to Architect's Constmction Phase setvtees herein but rather mav to the extent provided and made available to Architect in a reasoitablvtimelv legible and complete fashion sttnvlcmentthe other data and information obtained bv Architect pursuant to Architect’s Construction Phase Services herein. 2.Architect shall have no obligation to conduct a comprehensive or continuous review ot'anv Sunolemental Video Information but rather may at its sole discretion choose to review such SunnlcmentarvVideo Information or anv portion thereof iii connection with the performance of its Construction Phase Services on the Proicct. 3.Architect's receipt ofanVSupplementary Video Information shall not in an an chanEcthe orovislonsof the Constittction Phase Services described herein. j 4.11.1 Programming Notorovided J 4.1.2 Multiple preliminary designs Not provided _§4.1.3 Measured drawings NAM _§4.1.1.4 Existing facilities suweys M _§4.1.1.5 Site evaluation and planning Not provided §4.1.1.6 Building Information Model management Architect responsibilities §4.1.1.7 Development of Building Information Models for NotgroVided post construction use _§4.1.1.8 Civil engineering N01EIOVlded _§4.1.1.9 Landscape design thgroVided _§4.1.1.10 Architectural interior design Architect _§4.1.1.11 Value analysis m g 4.1.1.12 Detailed cost estimating beyond that Not grovtded required in Section 6.3 _§4.1.1.13 On—siteproject representation Not crowded _§4.1.1.14 Conformed documents for constnietion Nottrovided _§4.1.1.15 Asdcsigned record drawings ?ichitect _§4.1.1.16 ASeeonstructed record drawtngs Notgrovided _§4.1.1.17 Posteoccupaney evaluation Not Elovided _§4.1.1.13 Facility support services Not provided _§4.1.1.19 Tenant-related services Not provided §4.1.1.20 Architect’s coordination of the Owner’s Notprovided consultants j 4.1.1.21 Teleconiniiiiiications/data design A_lchilectconsultant) j 4.1.1.22 Security evaluation and planning Mid §4.1.1.23 Commissioning Notprovided §4.1.1.24 Sustainable Project Services pursuant to Section Notgrovided 4.1.3 §4.1.1.25 Fast-track design services N01EI'OVid9d §4.1.1.26 Multiple bid packages N01DI‘DVided §4.1.27 Historic preservation NOi provided _§4.1.1.28 Furniture.furnishings,and equipment design Not provtded Additions and Deletions Report tor AlA Document 5101 a 2017 copyrighi©1974.197a.1987.1997.2007 and 2017 Allrights reserved,“The American institute oi Architects.""American institute oi Architects.““AIA,"the AiA Logo.and "AIAContract Documents"are trademarks orThe American Institute at Architects.This ducurnerilwas produced at 16:10:13 ET on 04/29/2024 under Order No.4104245954 which expires on 11/13/2024.is not tor resale.is licensed iorone-tirrie use only.and may only he used in accordance With the AlA Contract Documents”Terms orSeNice.To report copyright violations.s-mail deoinio@aiacontracts.coni Uaar Notes:12001166962) 6 Page 143 of 260 j 4.1.1.29 Other services provided 17 specialty Consultants N_Fimrovided §411.30 Other Supplemental Services N_0tprovided PAGE 13 4,1 .1 .6 BIM Management:Architect to prepare model for use bv Architect and consultants 411.10 interior Design:Architect to provide selection of materials and ?nishes for renovated areas. 4.].1,15 Record Drawing .Architect toyrovide Owner with as designed record drawtngs. 4,1,1.21 Data Demn:Architect's electrical enmeering consultant to provide telecommunications/data design. 4.114 Owner to provide existing facilities condition survey information. PAGE 14 §4.2.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,but in anv event no later than thirtv (30)days from the event necessitating Add nal Services and explain the facts and circumstances giving rise to the need,If,upon receipt ofthe Architect‘s notice,the Owner determines that all or parts ofthe services are not required,the Owner shall give prompt written notice to the Architect of the Owner’s determination.The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice. .1 Two (2_)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Contractor .2 Twelve (L)visits to the site by the Architect during construction .3 One (1_)inspections for airy portion ofthe Work to determine whether such portion ofthe Work is substantially complete in accordance with the requirements of the Contract Documents .4 One (1_)inspcctions for any portion ofthe Work to determine final completion. PAGE 15 §4.2.51fthe services covered by this Agreement have not been completed within Twenty Four (A)months ofthe date ofthis Agreement,through no fault ofthe Architect,extension of the Architect’s servicesbeyond that time shall be compensated as Additional Services. §5.2 The Owner shall establish the Owner’s budget for the Project,including (1)the budget for the Cost ofthe Work as de?ned in Section 6.1;(2)the Owner’s other costs;and,(3)reasonable contingencies related to all of these costs. The Owner acknowledges that the contrntzencv allowance is to cover funding ofunpredictable changes in the work or items ofwork during the construction phase servingthree core purposes:(1)To account for coordination issues in the Construction Documents including errors and omissions (Z)to modify or change the scope of the urolect (3)to accommodate unknown conditions.The Owner shall update the Owner's budget for the Project as necessary throughout the duration ofthe Project until final completion.1f the Owner significantly increases or decreases the Owner’s budget for the Cost ofthe Work,the Owner shall notify the Architect.The Owner and the Architect shall thereafter agree to a corresponding change in the Project‘s scope and quality. §510TI r\Lttc ‘1 ttt I'A ','-,r.t.t‘A't‘'~vlt r..r 5 r e e v 1 t.t t I -c rt.n J-“nu n r .r A'I *.[Deletcd1 PAGE16 §6.2 The Owner’s budget for the Cost ofthe WotFleWork Construction cost is provided in Initial Information,and shall be adjusted throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations ofthe Owner’s budget for the Cost ofthe Work,and the preliminary estimate ofthe Cost ofthe Work and updated estimates ofthe Cost ofthe Work,prepared by the Architect,represent the Architect'sjudgment as a design professional.It is recognized, Addltluns c Deletlons Report tcrAlA Document Blot —2017.Copyright c 1974,1978,1987.1997,2007 and zoom rights reserved,"The Ametlcan institute ct Architects,American Institute ct Architects,"“NA."lhe AlA Logo,and “NA Contract Documents’are trademarks at The American lustttute 0!Architects Thls rtccumcnt was produced at 16:10 la ET on 04/29/2024 under Order No 4104245954 wtucti expires on 11/13/2024,is nutter resale,is licensed intone-time use only,and may only be used In accordance wttti the NA Contract Documents“Terms of scriticc To repcrt copyrlght Vlolahuns,e~malldocmlo.ataoonlracts com User Notes:tzam 135952) Page 144 of 260 however.that neither the Architect nor the Owner has control over the cost oflabor,inatcr'ls,or equipment;the Contractor’s methods of determining bid prices;or competitive bidding,market.or negotiating conditions. Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner‘s budget for the Cost ofthe Work,or from any estimate ofthe Cost ofthe Work.or evaluation.prepared or agreed to by the Architect. PAGE17 §7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service seleiyond errelusivelyfor purposes of constructing,using,maintaining,altering and adding to the PrejeetTPro'ect.provided that the Owner substantially performs its obligations under this Agreement.including prompt payment of all sums due pursuant to Article 9 and Article I l,The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement,The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner‘s consultants and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1,3,solely and exclusively for use in performing services or constrriction for the Project.Iftlie Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminatesbe as mutually agreed. §7.3.1'tla iii.n .I.rt.r rI-re -.'ii.t t'tlt tlt hi.I t t r -Itr.n i H in i Alt m tiI It i(4-ii 1'A r r- S ta as._Tkm It ii i .oII mantra];Ir tr..t ‘A At.mi.but. Arehrteet—and—its—eensultantséiemall-cestsand—ex ‘ld'”r 'Hf ‘ttdtl'i ‘i-it' »r r s 7 --».-trual tr.‘iI/I n r 4|,ts LI so .9 mi I].s r.9L n I.m». I O c 3 Hi .‘”at Tl sea earn 4.’XI 1 n t i To.A -tor ii --er;s .vtefmraates—GlasAgreement-feFeease—under—Seehen—DA— DeletedPAGE13 [2(_]Litigation in a court of competentjurisdiction PAGE 19 §9.1 Ifthe Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformanee and cause for termination or,at the Architect's option.cause for suspension of performance of services under this Agreement.lfthe Architect elects to suspend services,the Architect shall give seven days’written notice to the Owner before suspending services.In the event ofa snsperisron of services the Architect shall have no liability to the Owner for delay or damage caused lithe Owner because of such suspension of services.Before resuming servicesthe Owner shall pay the Architect all sumsdue prior to suspensienandaay NP r‘'“r ''p'"p*'"‘s A “‘".suspension The Architect 5 fees for the remaining services and the time schedules shall be equitably adjusted. §9.2 Ifthe Owner suspends the Project,the Architect shall be compensated for services performedprior to notice of such 1,,Int.ch "‘7 t .an.A at tlillL.ta:.1 ti.interruptionandresumpme?hekchrteet—ssemeesvsuspensionTheArchitect5feesforthe remaining services and the time schedules shall be equitably adjusted. §9.4 Either party may terminate this Agreement upon WSCVCH days’written notice should the other party fail substantially to perform in accordance with the terms ofthis Agreement through no fault ofthe party initiating the termination. §9.5 The Owner may terminatethis Agreement upon not—tess—thaasevcndays’written notice to the Architect for the Owner’s convenience and witliorit cause. §9.6 Ifthe Owner terminatesthis Agreement for its convenience pursuant to Section 9 5 or the Architect terminates this Agreement pursuantto Section 9 3,the Owner shall compensate the Architect for scrvrces performed prior to t -.42 k-ktL‘:Leos mtrhlhltx ‘t'‘.ri'5.t.I.tImuiuirWWWterminanon. Additions and Deletions Rspori torAlA Document arm a 2017 Copyright ©1974,197a,1937,1997.2007 and mm All rights reserved ’The American trisiiittie or Architects."“American Institute orArchitects.““AlA.”the AIA Logo.and “NA Contract Documenis"are trademarks orThe American institute oi Architects.This document was produced ai 16:10 is ET on 04/29/2024 under Order No.4104246954 which expires on 11/13/2024.is not tor resaie.is licensed for one~time use oniy.and may only be itsett ‘inaccordance Wiih the AIA Contract Documents“Terms at Service To reporl copyrighi Vlulaltons.Ermall dociriio@aiacontracts cum UierNotes:12001155952) Page 145 of 260 a21"Ir'ntn .4..-tLAktt’lt tPc Deleted PAGE 21 [04‘th ’kdétf?l‘rt‘tlu IItA‘,t we.-I!” IS—cher One Hundred Ninety Nine Thousand Two Hundted Dollars and Zero Cent ($199 200.00) Hourly or as mutually agreed upon in advance of services Hourly or as mutually agreed upon in advance of services §11_4r V 1'c a ”yr tl AAAA'o tc -mu A m u t..r,r‘IAA‘ e'III"!“’1‘!nu~tl .'4.m mm .Ft )1 «I a can _ r .A --A r.-,/,.r c r r A/IA‘,r t r r r t .u J F’F’ Deleted Schematic Design Phase Twenty percent (E %) Design Development Phase Twenty-?ve percent (é %) Construction Documents Twenty-?ve percent (g %) Phase Procurement Phase Five percent [i %) Construction Phase Twenty-?ve percent [Zj "/o) AHAuk r utr'ra'o r o L tr In!A;a -r'vt’e r r m'c'mun Iltrlk by!).awn rt.ArILtL v r r in;«rear .rm 1;or w..o 1."0L .Au .4e-r ~I ~-v .v L‘1 .34"..an ‘kthtLF‘tl‘an Add/hurts and Delettons Report turA/A Document Btot —2017 Cooynght©1s74,tens,198119912007 and 2017A“ngnts reserved.’The Amer/can lnslllute at Archrtects,““ArnerrcanInstitute at Archileds,"“AIA.”the AIA Logo,and “NA Cont/act Documents‘are trademarks at The American lnstllltts ot Architects,This document was produced at ts to 13 ET on 04/29/2024 under Order NaAmAZAESSAwhlch exp-res on 11/13/2024,l5 not tor resale.ls llcensed tor one-time use only,and may only be used m accordance with the NA Cor/trad Documents“Terms ol Sen/lee Tn rapnrl copyrtght vtnlatinhs.ermail doctnto@atawrttracts com User Notes:12001156962)Page 146 of 260 '-.1..a w pit c ,.-$11};iii...V r > 1 J r .i i r i 9L . r.a rt FltD-‘tklllr aria..c Ar ‘ .r ‘ i r J r I Axe“‘ia.tr 1'“A in t t.iii m a.t -a “.4.-A .rr IIF'y g . c .t L .1..”its.".r v‘m. > -’4‘P See Exhibit C 7 Schedule of HourlvCompensation &Reimbursable Expenses PAGE22 §118.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus Five percent (S_%)oftlte expenses incurred, §11_9u.m ti lntr mi.h”At‘ha i -l'v '7 a,“-.m .r A I um 1...n -'it.n not},it.A L‘v qr ta aw i .--AL .1. Deleted §11.10.1.1An initial payment onero ($L)shall be made upon execution ofthis Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the ?nal invoice. §11.10.11 [fa Sustainability Certi?cation is part ofthe Sustainable Objective.an initial payment to the Architect of Zero (19L)shall be made upon execution ofthis Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certi?cation.The Architect‘s payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. §11.10.11 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect‘s Invoice.Amounts unpaid Forty Five ( L)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business ofthe Architect. 1.5 %Monthly Payments to be ubmitted to the following address. JLG Architee Attn:Accounting 323 Demeis Ave 2nd Floor Grand Forks ND 58201 PAGE 23 None 8121 Data Practices.The Architect must comulv with the Minnesota Government Data Practices Act Minnesota Statutes Chapter 13 as it applies to (1)all data provided by the Owner pursuant to this Agreement and (2)all data Additions and Deletions Report lar AIADucumen|B1017 2017 Copyrtgnto1974.197a,1967.1997.20m and 2017.Altrights reserved “The American Institute at Architects,““American Institute at Architects.“’AlA,“lhe AIA Logo.and “AIA Contract Dncuments“are trademarks at The American Institute of Architects,Tnis 10documentwasproducedat16:10:13 ET cn 04/29/2024 under order NoAtnAzAsssA which expires on 11/13/2024.is not tor resete.Is Iicensed tar ans-time use only.and may only be used in accordance wttti the AIA Contract Documents“Terms ct Service.Tc repert copyright Violations.ermail ducintc@eieccritrects.ccm User Notes:(2001166962)Page 147 of 260 created collected received stored used maintained or disseminated by the Architect pursuant to this Agreement. The Architect is subiect to all the ut'cvisionsofthe Minnesota Goyemment Data Practices Act including but not limited to the civil remedies of Minn.Stat.$13.08 as tfit were a government entity.In the event the Architect receives a request to release data the Architect tnust immediatel notify the Owner.The Owner will ive the Architect instructions concerning the rclcase ofthe data to the requesting party before the data is released.Architect agrees to indemnify and hold the Owner its of?cials of?cers employees harmless from an damages resulting from Architect’s of?cers agents’owners’nartners’cmclovccs‘volunteers”assnznees’or subcontractors’unlawful disclosure and/or use ofcrotected data.The terms oflhts scction shall survive the cancellation or termination ofrhis Agt'eemen 612.2Pursuant to Minn.Stat.5 471.425 subd,4a the Architect must pay any subcontractor within ten (10)days ofthe Architect’s receipt of ca ment from the Owner for undisputed services croyided by the subcontractor.The Architect must pay interest of one and one-halfnercent(1%“/n)Der month or any part ofa month to subcontractor on any ttndiscutedamount not paid on time to the subcontractor.The minimum monthly interest Denalty Dayment for an unpaid balance of$100.00 or more is $10.00 For an unnaidbalance of less than $100.00 the Architect shall pay the actual penalty due to the subcontractor. & [X_]Other Exhibits incorporated into this Agreement: (Clem-1yidentify any other exhibits Incorporated into this Agreemenl,including any exhibits r1)1d.v(‘z7pesa}services identifiedan within in Section 4.1.2.) Exhibit A:Rambling River Center Study JLG Architects January 2024 Exhibit B:Facilities Condition Assessment by Kraus»Anderson Exh C JLG Image Release Exhibit D:Schedule of Hourly Comcensation&Reimbursable Exuenscs PAGE24 Joshua Ho t Mayor Pamela Bakken Anderson Princrgal Owner (Signatureg Shirley R.Buecksler Cry C k [Printed name and title: Additions and Deletions Repun tor AIADocument Bwt »2017.00pyvight91974,1978.1967.1997,2007 and 2017.Allrights reserved "The American institute at Architects,""Amencan institute alArchttenls,”"NA.“the NA Logo.and “NA Contract Documents“are trademarks at The American Institute at Architects.This document was produced at16:10:13 ET on 04/29/2024 under Order No AirtAerssA which expires on 11/13/2024,is not tor resete.is ticensed tor one-time use only.and may only he used in accordance With the NA Contract Documents“Terms ot Service,To report copyright vtolaliuns,Erma"ductntn@atacontractscom User Notes:(2001166952) 11 Page 148 of 260 Certi?cation of Document’s Authenticity AIA®DocumentD4011”” —2003 1,Pamela Anderson,hereby certify.to the best of my knowledge.information and belief,that I created the attached ?nal document simultaneously with its associated Additions and Deletions Report and this certi?cation at 16:10:13 ET on 04/29/2024 under Order No,4104246954 from AIA Contract Documents software and that in preparing the attached ?nal documentl made no changes to the original text ofAIA"I Document B1 01 TM ,2017,Standard Form of Agreement Between Owner and Architect,other than those additions and deletions shown in the associated Additions and Deletions Report. (5-.a) m %% AIA Document mm 72003,Copyright ©1992 and 2003 Allrights reserved.“The American Institute at Architects"“Amertceri institute oi Architects."“AtAJ'the AIA Logo,and “AtA Cantract Documents“are trademarks orThe American Institute at Arcnitects,This document was produced at 16 to 13 ET on away/2024 under 1OrderNo.4104246954 which expires on 11/13/202Aiis not tor resale,is licensed ter onetime use only.and may only be used in accordance with the AIA Contract ooeumentse Terms at service To report copyright Violations e-mail deeinro@eiecoritreets,cem User Nous:(2001166962)Page 149 of 260 JANUARY 2024 SENIOR CENTER PLANNING STUDY CITY OF FARMINGTON Exhibit A Pa g e 1 5 0 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 1 TABLE OF CONTENTS PROJECT OVERVIEW Summary and Study Participants 1 PROJECT PROCESS Background, Process and Outcomes 2 CONTEXT Project Location 4 EXISTING SITE ANALYSIS Surrounding Area 5 CURRENT USE OF FACILITY Occupancy plan 6 EXISTING BUILDING ANALYSIS Building Exterior and Structure 7 Entry and Multi-purpose spaces 8 Admin and Fitness Spaces 9 Kitchenette, Ping Pong, Train and Arts/Crafts Rooms 10 Garage 11 Banquet Room and Kitchenette 12 CONCEPT DRAWING Overall Concept Plan 13 South Area Plan and Description 14 North Area Plan and Description 15 PROJECT PHASING AND COSTS Phasing diagram and description 16 Summary of costs by phase 17 INSPIRATION IMAGES Building Interior 18 Building Exterior 21 APPENDIX Kraus-Anderson facility condition assessment 23 RRC Newsletter - Programs and Event Calendar 27 PROJECT OVERVIEW The City of Farmington was seeking to develop a master plan for the Rambling River Center to better accommodate current and planned programming. The Rambling River Center was founded in 1982 and currently occupies the original Farmington City Hall and Police Station that was constructed in 1969. The space was renovated as the senior center after the city moved to a new facility. The site includes a green space and parking lot, and is adjacent to public parking that serves the adjacent commercial businesses. The study began in 2023 with an on-site kick-off meeting and tour. A series of input sessions were held with staff and users to understand their existing and future needs. The JLG team distilled the information gathered at these sessions to create a facility program document that outlined the existing spaces and their square footage, and required area to meet program needs. Multiple concept plan options were prepared and reviewed by the City of Farmington and Rambling River Center staff . Revisions were made based on the feedback. After a fi nal direction was established, construction cost estimates were prepared. The proposed concept plan maintains the overall layout of the building while updating and expanding desired amenities to serve the senior community of Farmington and surrounding area. The project will improve facilities that are most used, provide a more welcoming entry, improve accessibility and enhance the site for outdoor functions. Key components that were desired by the members were an expanded and improved fi tness center, better lounge space for coff ee and conversation, more spaces for varied programming including cards, games, and other activities. Staff noted the need for a more inviting and functional main entry, improved accessibility and more visibility to see activities within the building. RAMBLING RIVER CENTER STUDY PARTICIPANTS Kellee Omlid Parks and Recreation Director, City of Farmington Missie Kohlbeck Recreation Supervisor, City of Farmington Stacey Popp RRC Program Assistant, City of Farmington Jeremy Pire Parks & Facilities Supervisor, City of Farmington Ted Novak Facilities Maintenance Worker, City of Farmington Pa g e 1 5 1 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 2 PROJECT PROCESS BACKGROUND The Rambling River Center (RRC) is a drop in facility providing programming for adults ages 50 and older. Membership is not required, but is encouraged. Additional fees are required for non-members to participate in programming. The facility operates from 7:30 am to 3:30 pm Monday through Friday. Members of the RRC have access to fi tness equipment during facility operating hours and activities include a coff ee cafe, book club, classes in arts and crafts, fi tness and wellness, and other events. A copy of their newsletter is included in the appendix. The north end of the building includes a large multipurpose room that is available for the public to rent for events. The Board Room is used occasionally by city staff for meetings. The Open Door food pantry has a pop-up event monthly with distribution out of the garage space and bread delivery occurs weekly for members to take items home. The building is located at 325 Oak Street in the downtown business district, close to other businesses. Originally constructed in 1969 as a city hall and library and later used as the city hall and police station, the building has been home to the senior center for 15 years and fi nishes and equipment are in need of updating and replacement. Prior to this master planning study, an evaluation of current building conditions was completed by Kraus-Anderson and recommendations are included in the end of the study in the appendix. Goals for this planning study include creating a facility that will: • Be welcoming and open • Accessible to all • Be updated and easy to maintain • Support the wide variety of activities • Allow greater participation by seniors • Enhance fi tness and wellness opportunities PROCESS This planning study provides information and options for potential modifi cations within the building and surrounding site. The overall building conditions were reviewed and recommendations were developed for general building improvements to meet the needs of the community. MEETING SUMMARY PROJECT KICK-OFF 10/03/2023 JLG met with City and RRC staff . At this initial meeting, we discussed the goals of the study and set the direction for this planning study. From this meeting, JLG prepared a work plan which outlined key dates, steps in the process, and set expectations and outcomes. Deliverables: Meeting minutes, project schedule, project goals STAKEHOLDER INPUT 10/31/2023 Our team gathered input from City and RRC staff and conducted one stakeholder input meeting to gain insight from the senior center users. This helped us better understand and evaluate health, wellness, recreational, and social activities in the building and learn what users would like to include in the future development of the building Deliverables: Meeting minutes, summary/analysis of input CONCEPT OPTIONS 11/16/2023 From the facility program, JLG developed a building layout option with several variations that showed potential renovations or reconfi guration of spaces. These were reviewed with the City and RRC staff to determine which option would best serve the community now and into the future. From this discussion, a fi nal option – which had a combination of features from the various alternatives – was developed. This now becomes the framework for the new Rambling River Center. Deliverables: Meeting minutes, preliminary options, refi ned program and concept plan FINAL PLANNING DIRECTION 12/2023 In December, the Rambling River Center Advisory Board and Parks & Recreation Commission reviewed the concept plan. They reviewed the scope of the work for renovation and discussed elements of the plan that are a priority. Their discussion included consideration for phasing work for the uses that are most needed. Their comments regarding phasing are incorporated into the fi nal plan and cost estimate and will be a basis for a future design and construction work. By providing a realistic cost in phases, the Parks & Recreation Commission and Rambling River Center Advisory Board can plan a long term budget to roll out each phase of the master plan. STUDY REPORT PRESENTATION 01/2024  At the completion of the study, JLG will present the recommendations to the Farmington City Council. Deliverables: Conceptual plan and other data for public communication and presentation Pa g e 1 5 2 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 3 OUTCOMES What we learned is that members value opportunities to come together in small and large groups for conversation, support, and learning. Members want a lobby area for welcoming people into the facility and a space to have coff ee available (they like their capuccinos!). There is a desire for more small gathering spaces throughout the facility, spaces to foster conversations. They appreciate multiple activities occurring at the same time and having options for activities. This might include a card game, or arts/craft activity. It might be listening to a speaker or having a program on topics of daily living. It may be gathering for an outing or working on the model railroad. More room for exercise activity is needed and space for fi tness classes to meet is important. The fi tness equipment is well-used but needs more space to function well. Having access to an outdoor space in good weather is desireable for outdoor lunches and activities. The following pages provide an analysis of the existing facility and a proposed concept plan, developed in collaboration with the city and RRC staff , with input from users. Pa g e 1 5 3 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 4 FARMINGTON CONTEXT +: <    +:< +: <   6358&(67 :(679,(:3$5. 5$0%/,1*5,9(53$5. 9(50,//,215,9(5 5$0%/,1*5,9(53$5. 5$0%/,1* 5,9(5 &(17(5 2$.67 7 +  6 7 1 Pa g e 1 5 4 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 5 EXISTING SITE ANALYSIS SITE The city of Farmington is south of the Minneapolis / St. Paul metro area, and has a population of 23,600 residents. The Vermilion River bounds the city to the north and west border. CITY OF FARMINGTON The Rambling River Center is located in the central part of downtown. The building is comprised of two wings, the primary functions of the facility face Oak Street, and a banquet facility wing extends to the north. The front entry is along Oak street, and is not directly accessed from the parking lot which is at the back of the building. A sidewalk connects the facility parking lot to the front door. There are multiple doors around the building, including two at the front of the building which creates confusion at the main entry. There is a second entrance to the banquet room that can be accessed from the facilities parking lot. Another exit egress door routes to the public parking lot along the west side of the building. With multiple doors, it is diffi cult to secure and monitor building access. The site does have some green space at the northwest area of the building but this space is not readily accessible from the building directly. Users would need to walk around the building from east or west entry doors to this space. The parking lot provides space for 10 cars, including two accessible spaces. Additional parking is located on Oak Street in front of the building and on a public parking lot to the west. Zoning A-1 (Agriculture) R-1 (Low Density Residential) R-2 (Low/Medium Density Residential) R-3 (Medium Density Residential) R-4 (High Density Residential) R-D (Downtown Residential) MUCR (Mixed-Use Commercial/Residential) B-1 (Highway Business) B-2 (Downtown Business) B-3 (General Business) SSMU (Spruce Street Mixed-Use) MUCI (Mixed-Use Commercial/Industrial) I (Industrial) P/OS (Parks/Open Space) * *Rambling River Center RAMBLING RIVER CENTER Pa g e 1 5 5 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 6 CURRENT USE OF FACILITY dŽŝůĞƚ ϭϴ Ϯϱϵ^& DƵůƚŝͲƉƵƌƉŽƐĞ ϭ ϭ͕Ϯϱϰ^& WƌŝŶƚZŽŽŵ ϭϭ ϭϰϳ^& ŽŶĨĞƌĞŶĐĞ ϵ ϯϯϯ^& 'ĂƌĂŐĞ^ƚŽƌĂŐĞ ϭϰ Ϯ͕ϭϮϭ^& WŝŶŐWŽŶŐ ϳ ϭϰϮ^& DĞĐŚ ϭϯ ϰϭϮ^& ZĞĐĞƉƚŝŽŶKĨĨŝĐĞ ϭϮ Ϯϱϳ^& sĞƐƚŝďƵůĞ ϮϮ ϱϴ^& dƌĂŝŶ ϲ ϰϮϳ^& ^ƚŽƌĂŐĞ ϭϲ ϭϲϭ^& <ŝƚĐŚĞŶ ϱ ϮϱϬ^& ĂŶƋƵĞƚ ϰ Ϯ͕Ϭϭϭ^& sĞƐƚŝďƵůĞ Ϯϯ ϱϭ^& ^ƚŽƌĂŐĞ ϭϱ ϱϱϵ^& sĞƐƚŝďƵůĞ Ϯϭ ϵϰ^& ŽƌƌŝĚŽƌ ϭϵ ϭ͕Ϯϯϲ^& dŽŝůĞƚ ϭϳ ϮϱϬ^& sĞƐƚŝďƵůĞ ϮϬ ϵϱ^& >ŝďƌĂƌLJ ϯ Ϯϲϴ^& ĚŵŝŶKĨĨŝĐĞ ϭϬ ϱϬϭ^& &ŝƚŶĞƐƐ Ϯ ϲϴϬ^& ƌĂĨƚZŽŽŵ ϴ ϳϵϬ^& &>KKZZ^,h EhDZ ED Z KhWEz >^^/&/d/KE ;/,WdZϯͿ / &hEd/KEK&^W &>KKZZWZ KhWEd ^& >s>Ϭϭ ϭ DƵůƚŝͲƉƵƌƉŽƐĞ ϭ͕Ϯϱϰ^& Ͳϯ ^^D>zͲtͬK&/y^d/E'Ͳ hEKEEdZd ϭϱ Ϯ &ŝƚŶĞƐƐ ϲϴϬ^& Ͳϯ yZ/^ZKKD ϱϬ ϯ >ŝďƌĂƌLJ Ϯϲϴ^& Ͳϯ >/ZZzͲZ/E'ZKKD ϱϬ ϰ ĂŶƋƵĞƚ Ϯ͕Ϭϭϭ^& Ͳϯ ^^D>zͲtͬK&/y^d/E'Ͳ hEKEEdZd ϭϱ ϱ <ŝƚĐŚĞŶ ϮϱϬ^& Ͳϯ </d,E͕KDDZ/> ϮϬϬ ϲ dƌĂŝŶ ϰϮϳ^& Ͳϯ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϳ WŝŶŐWŽŶŐ ϭϰϮ^& Ͳϯ yZ/^ZKKD ϱϬ ϴ ƌĂĨƚZŽŽŵ ϳϵϬ^&  hd/KE>Ͳ>^^ZKKD ϮϬ ϵ ŽŶĨĞƌĞŶĐĞ ϯϯϯ^& Ͳϯ ^^D>zͲtͬK&/y^d/E'Ͳ hEKEEdZd ϭϱ ϭϬ ĚŵŝŶKĨĨŝĐĞ ϱϬϭ^&  h^/E^^Z ϭϱϬ ϭϭ WƌŝŶƚZŽŽŵ ϭϰϳ^&  h^/E^^Z ϭϱϬ ϭϮ ZĞĐĞƉƚŝŽŶKĨĨŝĐĞ Ϯϱϳ^&  h^/E^^Z ϭϱϬ ϭϯ DĞĐŚ ϰϭϮ^& ^Ͳϭ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϭϰ 'ĂƌĂŐĞ^ƚŽƌĂŐĞ Ϯ͕ϭϮϭ^& ^Ͳϭ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϭϱ ^ƚŽƌĂŐĞ ϱϱϵ^& ^Ͳϭ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϭϲ ^ƚŽƌĂŐĞ ϭϲϭ^& ^^KZzh^ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϭϳ dŽŝůĞƚ ϮϱϬ^& /E/Ed>h^ hEKhW/^W Ϭ ϭϴ dŽŝůĞƚ Ϯϱϵ^& /E/Ed>h^ hEKhW/^W Ϭ ϭϵ ŽƌƌŝĚŽƌ ϭ͕Ϯϯϲ^& /Zh>d/KE hEKhW/^W Ϭ ϮϬ sĞƐƚŝďƵůĞ ϵϱ^& /Zh>d/KE hEKhW/^W Ϭ Ϯϭ sĞƐƚŝďƵůĞ ϵϰ^& /Zh>d/KE hEKhW/^W Ϭ ϮϮ sĞƐƚŝďƵůĞ ϱϴ^& /Zh>d/KE hEKhW/^W Ϭ Ϯϯ sĞƐƚŝďƵůĞ ϱϭ^& /Zh>d/KE hEKhW/^W Ϭ >s>Ϭϭ ϭϮ͕ϯϱϱ^& 15Storage 559 SF 23Vest 51 SF 4Banquet 2,011 SF 5Kitchenette 250 SF 8Craft Room 790 SF 13Mechanical 412 SF 9Conference 333 SF 19Corridor 1,236 SF 1Multi-purpose 559 SF 10Admin Offi ces 501 SF 3Library 268 SF 2Fitness 680 SF 7Ping Pong 142 SF 14Garage/Storage 2,121 SF 6Train 427 SF 17Toilets 250 SF 18Toilets 259 SF 20Vest 95 SF 21Vest 94 SF 22Vest 58 SF 16Stor 161 SF 12Recept/Offi ce 257 SF 11Print Rm 147 SF &>KKZZ^,h> EhDZ ED Z KhWEz >^^/&/d/KE ;/,WdZϯͿ /,WdZϭϬ K>&ͺ&ŝ džĞĚ KĐĐƵƉĂŶƚŽƵŶƚ&hEd/KEK&^W &>KKZZWZ KhWEd ^&WZK͘>K &dKZ;K>&Ϳ ^&WZK͘ D^hZDEd KhWEd>K &/y^d^ Dy͘K͘>K >s>Ϭϭ ϭ DƵůƚŝͲƉƵƌƉŽƐĞ ϭ͕Ϯϱϰ^& Ͳϯ ^^D>zͲtͬK&/y^d/E'Ͳ hEKEEdZd ϭϱ ϭϱ Ed EŽ ϴϰ Ϯ &ŝƚŶĞƐƐ ϲϴϬ^& Ͳϯ yZ/^ZKKD ϱϬ ϱϬ 'ZK^^ EŽ ϭϰ ϯ >ŝďƌĂƌLJ Ϯϲϴ^& Ͳϯ >/ZZzͲZ/E'ZKKD ϱϬ ϱϬ Ed EŽ ϲ ϰ ĂŶƋƵĞƚ Ϯ͕Ϭϭϭ^& Ͳϯ ^^D>zͲtͬK&/y^d/E'Ͳ hEKEEdZd ϭϱ ϭϱ Ed EŽ ϭϯϱ ϱ <ŝƚĐŚĞŶ ϮϱϬ^& Ͳϯ </d,E͕KDDZ/> ϮϬϬ ϮϬϬ 'ZK^^ EŽ Ϯ ϲ dƌĂŝŶ ϰϮϳ^& Ͳϯ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϯϬϬ 'ZK^^ EŽ Ϯ ϳ WŝŶŐWŽŶŐ ϭϰϮ^& Ͳϯ yZ/^ZKKD ϱϬ ϱϬ 'ZK^^ EŽ ϯ ϴ ƌĂĨƚZŽŽŵ ϳϵϬ^&  hd/KE>Ͳ>^^ZKKD ϮϬ ϮϬ Ed EŽ ϰϬ ϵ ŽŶĨĞƌĞŶĐĞ ϯϯϯ^& Ͳϯ ^^D>zͲtͬK&/y^d/E'Ͳ hEKEEdZd ϭϱ ϭϱ Ed EŽ Ϯϯ ϭϬ ĚŵŝŶKĨĨŝĐĞ ϱϬϭ^&  h^/E^^Z ϭϱϬ ϭϱϬ 'ZK^^ EŽ ϰ ϭϭ WƌŝŶƚZŽŽŵ ϭϰϳ^&  h^/E^^Z ϭϱϬ ϭϱϬ 'ZK^^ EŽ ϭ ϭϮ ZĞĐĞƉƚŝŽŶKĨĨŝĐĞ Ϯϱϳ^&  h^/E^^Z ϭϱϬ ϭϱϬ 'ZK^^ EŽ Ϯ ϭϯ DĞĐŚ ϰϭϮ^& ^Ͳϭ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϯϬϬ 'ZK^^ EŽ Ϯ ϭϰ 'ĂƌĂŐĞ^ƚŽƌĂŐĞ Ϯ͕ϭϮϭ^& ^Ͳϭ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϯϬϬ 'ZK^^ EŽ ϴ ϭϱ ^ƚŽƌĂŐĞ ϱϱϵ^& ^Ͳϭ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϯϬϬ 'ZK^^ EŽ Ϯ ϭϲ ^ƚŽƌĂŐĞ ϭϲϭ^& ^^KZzh^ ^^KZz^dKZ'͕D, Yh/WDEdZKKD ϯϬϬ ϯϬϬ 'ZK^^ EŽ ϭ ϭϳ dŽŝůĞƚ ϮϱϬ^& /E/Ed>h^ hEKhW/^W Ϭ Ͳ Ͳ EŽ ϭϴ dŽŝůĞƚ Ϯϱϵ^& /E/Ed>h^ hEKhW/^W Ϭ Ͳ Ͳ EŽ ϭϵ ŽƌƌŝĚŽƌ ϭ͕Ϯϯϲ^& /Zh>d/KE hEKhW/^W Ϭ Ͳ Ͳ EŽ ϮϬ sĞƐƚŝďƵůĞ ϵϱ^& /Zh>d/KE hEKhW/^W Ϭ Ͳ Ͳ EŽ Ϯϭ sĞƐƚŝďƵůĞ ϵϰ^& /Zh>d/KE hEKhW/^W Ϭ Ͳ Ͳ EŽ ϮϮ sĞƐƚŝďƵůĞ ϱϴ^& /Zh>d/KE hEKhW/^W Ϭ Ͳ Ͳ EŽ Ϯϯ sĞƐƚŝďƵůĞ ϱϭ^& /Zh>d/KE hEKhW/^W Ϭ Ͳ Ͳ EŽ >s>Ϭϭ ϭϮ͕ϯϱϱ^&ϬϬ ϯϮϵ Pa g e 1 5 6 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 7 EXISTING BUILDING ANALYSIS BUILDING STRUCTURE AND EXTERIOR The Rambling River Center is constructed of concrete masonry and steel with brick and stucco façade. An addition was added to the original brick building and there are some interior rooms with exposed brick. Some interior walls are concrete masonry and some are metal stud and drywall. To create openings in any load bearing walls will require added steel lintels. There are narrow windows around the exterior of the building. The roof was replaced in 2018, but was poorly done and requires ongoing maintenance. PHOTO ONE Main Entry to Rambling River: The main facade has two entry doors from its previous use as a city hall and police station. Signage is placed over the current main entry but the facade does not provide a welcoming appearance. There is very little overhang or protection from the weather for people entering the building. Garage Entry: The facility has a four-stall garage and one garage stall is needed for the senior center van; other stalls are used for city vehicles and by Open Door for periodic food distribution. The area in front of the garages is a large concrete apron and drive which does not allow for any green space at the front of the building. PHOTO TWO: Parking Lot: The parking lot on the east side of the building does not access the front entry. Visitors must walk the sidewalk along the building to get to the main entrance or enter from a back door which is not visible to staff at the main entry. Visitors can access the multipurpose/banquet room from the parking lot. Parking is limited so members and visitors also park at the front and west sides. PHOTOS THREE AND FOUR: Green Space: A generous grass yard along the west side of the banquet space is used occasionally for leisure activities. A well building sits within the space and will be removed in 2024 which will provide more usable green space. There is currently no direct access to this green space from the building and no hardscape area where tables and chairs can be placed. There is currently a fi re hydrant in the yard which would remain. Pa g e 1 5 7 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 8 EXISTING BUILDING ANALYSIS A B DC BUILDING INTERIOR Interior spaces are constructed of concrete block and metal stud/drywall. Ceilings are typically ceiling tile with lay-in light fi xtures. Flooring throughout is a combination of luxury vinyl and carpet. Overall the facility is in good condition but dated in many areas. The main building entrance is on Oak Street and faces south. The reception desk is located here and this hall provides access to the multipurpose room and remainder of the facility. PHOTOS ONE, TWO, AND THREE As you enter the facility, you walk through a main vestibule, with a raised ceiling. The vestibule includes bulletin board display and space for handouts. The main reception desk is just inside the door but this space is small and people standing at the desk can block access. The reception desk does not provide visibility to the back entry or activity within the facility. Visitors can check in at the digital check-in scanner, and staff at the reception desk greets visitors. The main offi ce is accessed behind the reception desk. This is a secure offi ce. The multi-purpose room is located adjacent to the entrance, and is accessed from the main hallway. There are schedules for activities displayed at the entry to the multi-purpose space. A display of greeting cards that members of the facility make is also in the main hallway. This hall continues around to the main spaces in the building. PHOTO FOUR, FIVE, AND SIX: The multi-purpose room is used for meetings and fi tness classes. One part of the room includes a card table for puzzles and puzzle library for members to use. A book library is located within the multi-purpose room and has books that can be borrowed. There is limited lounge seating in the library, and also near the puzzle table. The multi-purpose room can seat 40 people for an event. They also have movie screenings in this space. This area is fairly closed off so activities taking place are not visible to others in the building.  ϭ DK>KZ/'/EWK/Ed͊ key plan Pa g e 1 5 8 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 9 EXISTING BUILDING ANALYSIS A B DC BUILDING INTERIOR PHOTOS ONE, TWO, AND THREE The Recreation Supervisor’s offi ce along with a small offi ce/meeting room is accessed through the multipurpose room. A print room with paper storage is also near the Recreation Supervisor’s offi ce and accessed only from the multipurpose room. Having these offi ces away from the center of activity is good but access can be a challenge when an activity is going on in the multipurpose room. A board room is also in that part of the facility, with access from the o ffi ce area and the main hallway along with a door directly to the exterior. This space is used for meetings and small groups. PHOTOS FOUR, FIVE, AND SIX: A storefront with generous window is the entry to the fi tness room. This space is the original city hall council chambers, and has brick and wood panel walls. There are multiple pieces of fi tness equipment in this room. Sport fl ooring was added when the space was converted to a senior center. The mechanical systems do not provide adequate circulation for the activity that happens here and the size of the space limits the number of pieces of equipment and types of fi tness activities that can happen here. Visitors store their shoes in the former entry vestibule, this space has generous ceiling, and could be better used.  ϭ DK>KZ/'/EWK/Ed͊ key plan Pa g e 1 5 9 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 10 EXISTING BUILDING ANALYSIS DC BUILDING INTERIOR The east wing of the facility includes functions that are accessed through this small kitchenette/coff ee area. This area was the former police station and the former holding cells and small storage spaces remin as storage to serve the arts & craft room and train room. PHOTO ONE The small kitchen near the fi tness center is used for coff ee service and snack pantry. This is also the entry to the ping pong room and garage. It serves as a hallway to activity spaces in the east part of the building. PHOTO TWO The ping pong room also provides access to the train room. This room is a build out within the garage. The space is functional but not very inviting. PHOTO THREE The train room is located in the former police detention area and is a key feature of the building where kids often visit to see the trains. There is a direct exit door located from the train room which is in poor condition and in need of replacement. PHOTO FOUR The arts & crafts room is used for a variety of activities, this room includes table and chairs for large groups, and millwork storage for all of the craft supplies that are there but lacks a sink.  ϭ DK>KZ/'/EWK/Ed͊ key plan Pa g e 1 6 0 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 11 EXISTING BUILDING ANALYSIS A B DC BUILDING INTERIOR PHOTOS ONE AND TWO The four vehicle garage is used for the RRC van along with other city vehicles. The unfi nished space also has a storage room used for seasonal items and the space above this storage room and the ping pong room (seen in photo at right) provides additional storage space. PHOTOS THREE AND FOUR In additon to the garage doors, there is a exit door which is near the main entry and a door that enters the building through the ping pong room. The east end of the garage contains the sprinkler riser for the building.  ϭ DK>KZ/'/EWK/Ed͊DK>KZ/'/EWK/Ed͊KD /EdEWKZ/'>D key plan Pa g e 1 6 1 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 12 EXISTING BUILDING ANALYSIS A B DC BUILDING INTERIOR The multipurpose room/banquet room is a major component of the facility. The room is used for a variety of programming including fi tness classes for the RRC and is available for rent for large gatherings and events. A dedicated entry is useful for delivery of catering food and party supplies. The ceiling is an open structure system with luxury vinyl fl ooring so there is no acoustical control within the room and the space can be very loud. PHOTOS ONE AND TWO There is a direct outdoor access to the banquet room, the large room includes table and chairs for large groups, and has AV features for presentations. There are men’s and women’s restrooms accessible directly from this room. There is storage for tables and chairs used in the banquet room located at the north end of the room. PHOTOS THREE AND FOUR There is a kitchenette within the banquet room. The kitchenette is available for use when the banquet space is rented to the public. The room is also used for bread delivery for members of the RRC. This room has walls that do not extend up fully to the roof deck and the pass-through partition is an accordian wood that provides only a visual barrier so sound between the prep kitchen and the banquet space is a concern. In addition to storage rooms at the north end of the multipurpose room, there is a small room with an organ and displays of historical items. This room is rarely used and items could be located elsewhere in order to be more visible.  ϭ DK>KZ/'/EWK/Ed͊ key plan Pa g e 1 6 2 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 13 OVERALL CONCEPT While the existing building provides some great spaces for the Rambling River Center, the overall layout is chopped up by many small rooms and the building lacks clear circulation and visibility to activities taking place. The main goals were to make the building more open and welcoming, improve access and accessibility, and enhance program spaces for fi tness and games along with coff ee and casual conversation. The new layout will provide more openness and visibility on the interior and enhance the sense of welcome for members and visitors. The outdoor green space will be improved and patio spaced added with direct access from the banquet room. More detailed descriptions of the proposed changes are noted on the following pages. RENOVATION CONCEPT Multi-purpose Room 1032 sf 68 occupants (tables / chairs) 147 (chairs only) Game Room 573 sf 28 occupants Work Room 124 sf 1 occupant 2ǕFH 200 sf 2 occupants Board Room 310 sf 10 occupants0HFK 348 sf Men Women Library 376 sf 7 occupants Coats 2ǕFH 102 sf 1 occupant Lobby 528 sf 1 occupant Fitness 1046 sf 20 occupants Toilet Craft Room 755 sf 37 occupants Train Room 588 sf 5 occupants .LWFKHQ 185 sf 3 occupants Men Women Toilet Storage Storage Storage Storage Banquet Room 2,153 sf 120 occupants (tables / chairs) 143 (chairs only) Entry Arbor Patio Seating 5HFUHDWLRQODZQ 6FUHHQHOHPHQW Trellis Garage NewMainEntry SocialSpace SocialSpace Pa g e 1 6 3 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 14 CONCEPT PLAN - SOUTH Multi-purpose Room 1032 sf 68 occupants (tables / chairs) 147 (chairs only) Game Room 573 sf 28 occupants Work Room 124 sf 1 occupant 2ǕFH 200 sf 2 occupants Board Room 310 sf 10 occupants0HFK 348 sf Men Women Library 376 sf 7 occupants Coats 2ǕFH 102 sf 1 occupant Lobby 528 sf 1 occupant Fitness 1046 sf 20 occupants Toilet Craft Room 755 sf 37 occupants Train Room 588 sf 5 occupants Storage Storage Storage Entry Arbor Garage OVERALL CONCEPT These are the highlights of the new layout: • The new main entry moves to the other vestibule and a nice open area is created with the reception desk and offi ce in what is currently the fi tness room. • The lobby area has space for a coff ee machine and some lounge seating for a more welcoming feel and visibility. • The wall with double doors added leads to where the reception and offi ce was previously located. This will provide open space for the library and quiet lounge area. • The old vestibule could have coat racks and would serve the multipurpose room. Doors here would be exit only. • The enclosed library is removed from the multipurpose room, creating a larger space with a folding divider so it can be used as one large room or two smaller rooms for activities. • The workroom and one smaller offi ce are removed to create a game room for noisier activities like a pool table and ping pong table with adequate clearances for play. The space could also have some seating for those waiting to play or watching. • A hallway is added back to the offi ce and the workroom. The Board room remains but the exterior door is removed and a window added here. • Heading down the hall toward the Arts & Crafts room, the hallway (where the coff ee area was previously) is opened up and 3 of the 4 garage stalls are used to create a larger fi tness room. The sprinkler riser will be enclosed and the room will have coat hanging and shoe cubbies for users. The garage doors would be removed and replaced with big windows for lots of natural light. • Outside of the fi tness room, a single occupant accessible toilet room has been added for easy access to the main area and fi tness space. • One garage stall remains along with the storage room. • In the train area, the old holding cells and plumbing chase are removed to create a more open area. • Exterior improvements at the south side of the building would include an arbor and weather canopy over the new main entry to provide shade and protection. In addition, as garage spaces are replaced with the fi tness room, concrete drive can be removed and additonal landscaping added at the front of the building. Pa g e 1 6 4 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 15 CONCEPT PLAN - NORTH 2ǕFH 200 sf 2 occupants Board Room .LWFKHQ 185 sf 3 occupants Men Women Toilet Storage Banquet Room 2,153 sf 120 occupants (tables / chairs) 143 (chairs only) Patio Seating 5HFUHDWLRQODZQ 6FUHHQHOHPHQW Trellis OVERALL CONCEPT These are the highlights of the new layout: • Heading toward the north, the door separationg the north and south areas has shifted to allow use of the multipurpose/banquet room without access to the remainder of the facility. A new single occupant accessible toilet room has been added and the kitchen shifted to support this. The kitchen will have walls run all the way up to the deck and a better counter door added to provide better sound control. • The banquet room remains about the same size but storage has been consolidated to make it more fl exible for storing tables and chairs. The vestibule has been removed to improve the fl ow of this space. • Two of the windows in the multipurpose/banquet room have been replaced with doors to access a patio for dining and events. • The outdoor green space would include screening and additional landscaping to create a more inviting outdoor space for RRC activities, programs and rentals. Pa g e 1 6 5 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 16 PHASES OF DESIGN PHASE 1A The main phase of renovations includes relocating the main entry to the facility, at the former entrance to the council chambers. Making the new entry includes reception offi ce and desk to greet visitors. A lobby space with coff ee bar area and opening the east wall to a new library area with built-in shelving. The other major construction for this phase is moving the fi tness room to the garage. This will include replacing overhead doors with windows, raising the fl oor, providing a new HVAC system and fi nishes. A new single use restroom will be added near the fi tness room. The changes to the north end of the multipurpose/banquet room storage and vestibule will be part of this initial phase. The addition of a patio space adjacent to the multipurpose/banquet room is also part of this phase along with installation of new doors to access the patio space. Replacement of the aging doors on the west side of the building are also included. Landscaping to enhance the main outdoor green space around the new patio will also be part of this phase. PHASE 1B The exterior improvements that correspond with the new entry location include an arbor and covered canopy to enhance the main entry point along with removal of concrete entry drive and replacement with landscaping to soften the look of the main facade. PHASE 2 A new single use restroom is added to the multipurpose/banquet room New walls for the kitchen are also at this phase along with updates to millwork and appliances. PHASE 3 The remaining updates to the lounge area include the library lounge, a new opening with double door leads to the library space where millwork for bookcase and display cabinets. The multi-purpose room modifi cations and added game room are also part of this phase. PHASE 4 The remaining work to clear out the old jail cells and open up the train room would be completed in Phase 4. PROJECT PHASING AND COSTS Multi-purpose Room 1032 sf 68 occupants (tables / chairs) 147 (chairs only) Game Room 573 sf 28 occupants Work Room 124 sf 1 occupant 2ǕFH 200 sf 2 occupants Board Room 310 sf 10 occupants0HFK 348 sf Men Women Library 376 sf 7 occupants Coats 2ǕFH 102 sf 1 occupant Lobby 528 sf 1 occupant Fitness 1046 sf 20 occupants Toilet Craft Room 755 sf 37 occupants Train Room 588 sf 5 occupants .LWFKHQ 185 sf 3 occupants Men Women Toilet Storage Storage Storage Storage Banquet Room 2,153 sf 120 occupants (tables / chairs) 143 (chairs only) Entry Arbor Patio Seating 5HFUHDWLRQODZQ 6FUHHQHOHPHQW Trellis Garage Phase 4 Phase 3 Phase 1A Phase 1A Phase 2 Phase 1A AAAAAA Phase 1B - Landscaping Pa g e 1 6 6 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 17 COSTS BY PHASE PHASE 1A Demolition cost $50,000 Construction cost $725,000 Design contingency (10%) $77,500 Construction contingency (10%) $77,500 Soft costs (20%) $155,000 Total Budget Phase 1A $1,085,000 PHASE 1B (EXTERIOR WORK) Demolition cost $5,000 Construction cost $140,000 Design contingency (10%) $14,500 Construction contingency (10%) $14,500 Soft costs (10%) $14,500 Lower due to exterior work Total Budget Phase 1B $188,500 PHASE 2 Demolition cost $10,000 Construction cost $55,000 Design contingency (10%) $6,500 Construction contingency (10%) $6,500 Soft costs (20%) $13,000 Total Budget Phase 2 $91,000 PHASE 3 Demolition cost $25,000 Construction cost $250,000 Design contingency (10%) $27,500 Construction contingency (10%) $27,500 Soft costs (20%) $55,000 Total Budget Phase 3 $385,000 PHASE 4 Demolition cost $8,000 Construction cost $42,000 Design contingency (10%) $5,000 Construction contingency (10%) $5,000 Soft costs (10%) $5,000 Lower due to limited work Total Budget Phase 4 $65,000 Total Budget All Phases $1,814,500 PROJECT PHASING AND COSTS Multi-purpose Room 1032 sf 68 occupants (tables / chairs) 147 (chairs only) Game Room 573 sf 28 occupants Work Room 124 sf 1 occupant 2ǕFH 200 sf 2 occupants Board Room 310 sf 10 occupants0HFK 348 sf Men Women Library 376 sf 7 occupants Coats 2ǕFH 102 sf 1 occupant Lobby 528 sf 1 occupant Fitness 1046 sf 20 occupants Toilet Craft Room 755 sf 37 occupants Train Room 588 sf 5 occupants .LWFKHQ 185 sf 3 occupants Men Women Toilet Storage Storage Storage Storage Banquet Room 2,153 sf 120 occupants (tables / chairs) 143 (chairs only) Entry Arbor Patio Seating 5HFUHDWLRQODZQ 6FUHHQHOHPHQW Trellis Garage Phase 4 Phase 3 Phase 1A Phase 1A Phase 2 Phase 1A AAAAAA Phase 1B - Landscaping Pa g e 1 6 7 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 18 INSPIRATION IMAGES DC BUILDING INTERIOR The following pages provide some idea images for some of the proposed modifi cations. Adding glass to open up spaces, millwork to provide display and storage, and comfortable furniture for both passive and active functions will create a more inviting and functional space for the Rambling River Center. PHOTO ONE Built-in millwork can provide open shelving and locking base and upper cabinets. This makes a nice space for displaying objects and for book display in the library lounge and board room. PHOTO TWO In this changing room, cubbies along the wall are for visitors to leave their shoes and clothes during fi tness activities. A bench built in next to it is useful for sitting while putting shoes on. PHOTO THREE The suggestion for a display case was considered by members of the facility. A similar built-in type of cabinet located in a hallway would provide space for artwork and other items to be displayed. PHOTO FOUR In this multi-purpose room a movable partition is used to create separate spaces as is being suggested in the RRC multipurpose room. The movable wall is designed to fi t into a wall space and the track for the partition is recessing in the ceiling. Two separate entry doors are important when the room is used in both sides. PHOTO FIVE Glass can be added to visually separate spaces while still creating a sense of openness and allowing visibility into areas to see activities taking place. Film or graphics can be added to the glass for more visual privacy. Pa g e 1 6 8 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 19 INSPIRATION IMAGES DC BUILDING INTERIOR PHOTOS ONE AND TWO Comfortable lounge furniture creates spaces for casual conversation and interaction. These can focus around a fi replace, television or coff ee area and provide a warm and welcoming space for interaction. PHOTOS THREE, FOUR AND FIVE The fi tness area can include both cardio and weight training equipment and should also provide adequate space for stretching and workouts that do not involve equipment. Windows into the space from the rest of the building (like those shown in photos 3 and 5) provide a way to monitor use of the space and see activity in the fi tness area. In photo 4, large windows provide natural ligtht and views to the outside (similar to what could be done with the RRC and replacing the overhead doors in the garage area, proposed for the fi tness space. In photo 5, the exposed ceiling structure is painted white to keep things bright and acoustical panels help with sound control. This approach could be used in both the multipurpose/banquet space and the fi tness area. Pa g e 1 6 9 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 20 INSPIRATION IMAGES DC BUILDING INTERIOR PHOTO ONE A kitchenette/coff ee area can provide a great space for coff ee and snacks. This area is part of an open lounge area. PHOTO TWO In this example, the pool table is part of the main lounge area. Chairs in this area allow others to watch the action. PHOTO THREE In this facility, the game area has space for ping pong and pool tables (as proposed for the game room in the RRC) and has barn doors that allow it to be opened up to the adjacent lounge space. PHOTO FOUR In this multi-purpose room, a movable partition is used to create separate spaces as is being suggested in the RRC multipurpose room. This example also shows doors leading to a patio space as proposed for the banquet space at the RRC. Pa g e 1 7 0 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 21 INSPIRATION IMAGES BUILDING EXTERIOR Ideas for millwork through out the facility are an important part of the renovation concept and delivering spaces that function well for activities. PHOTOS ONE, TWO, AND THREE A covered canopy at the entry can help identify the main door to patrons and visitors and provide some protections from the weather. A pergola or arbor structure can make the building look less institutional. Having space for landscaping and plantings at the front of the building also helps to soften the front facade and make it more welcoming. Pa g e 1 7 1 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 22 APPENDIX KRAUS-ANDERSON FACILITY CONDITION ANALYSIS 2023 PARTICIPATION RATES JAN - FEB 2024 NEWSLETTER WITH PROGRAMS AND EVENT CALENDAR Pa g e 1 7 2 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 23 WƌŽũĞĐƚ ŝƚLJŽĨ&ĂƌŵŝŶŐƚŽŶ&ĂĐŝůŝƚLJŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚƐ KǁŶĞƌͬƵƐƚŽŵĞƌ ŝƚLJŽĨ&ĂƌŵŝŶŐƚŽŶ <WƌŽũĞĐƚη &ĂĐŝůŝƚLJƐƐĞƐƐĞĚ DƵůƚŝƉůĞ ƵŝůĚŝŶŐ ŝŐŝƚŝnjĞĚ^ŝƚĞ ZĞƉŽƌƚ/ƚĞŵη ƌĞĂŽĨǁŽƌŬ >ŽĐĂƚŝŽŶ;^ŚĞĞƚEĂŵĞͿ ĞƐĐƌŝƉƚŝŽŶŽĨǁŽƌŬ ZĞƐŽůƵƚŝŽŶ ƵƌƌĞŶƚŽŶĚŝƚŝŽŶ ƌŝƚŝĐĂůŝƚLJ /ŶƐƚĂůůĞĚLJĞĂƌ džƉĞĐƚĞĚzĞĂƌƐŽĨ ^ĞƌǀŝĐĞ ZĞƉůĂĐĞŵĞŶƚ zĞĂƌ YƵĂŶƚŝƚLJ hŶŝƚŽĨŵĞĂƐƵƌĞ hŶŝƚWƌŝĐĞ ŽƐƚƐ;,ĂƌĚΘ^ŽĨƚс͘ϮϱйͿ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϬ ϬϮͲ^ŝƚĞǁŽƌŬͬƵŝůĚŝŶŐĂƌƚŚǁŽƌŬ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ WĂƌŬŝŶŐ>Žƚ;ĂƐƚͿ ^ĞĂůŽĂƚ ϮͲ'ŽŽĚ ϮͲDĞĚŝƵŵ ϮϬϭϱ ϭϬ ϮϬϮϱ ϱ͕ϭϬϬ ^& ΨϬ͘ϱϬ Ψϯ͕ϭϴϴ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϱ ϬϮͲ^ŝƚĞǁŽƌŬͬƵŝůĚŝŶŐĂƌƚŚǁŽƌŬ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ WĂƌŬŝŶŐ>Žƚ;tĞƐƚͿ ^ĞĂůŽĂƚ ϮͲ'ŽŽĚ ϮͲDĞĚŝƵŵ ϮϬϭϱ ϭϬ ϮϬϮϱ ϮϮ͕ϬϬϬ ^& ΨϬ͘ϱϬ Ψϭϯ͕ϳϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϬ ϬϮͲ^ŝƚĞǁŽƌŬͬƵŝůĚŝŶŐĂƌƚŚǁŽƌŬ 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ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϰ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽŽƌ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϰͲWŽŽƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϱ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽŽƌ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϵ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽŽƌǁŝƚŚŐůĂƐƐ;ϭͿϲdžϴ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϰͲWŽŽƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϭ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽŽƌǁŝƚŚƐŝĚĞŐůĂƐƐ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϲ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽŽƌǁŝƚŚƐŝĚĞŐůĂƐƐ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϭϴ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽŽƌͬƐŝĚĞŐůĂƐƐ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϰ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽŽƌͬǁŝƚŚƐŝĚĞŐůĂƐƐ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϮ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ŽƵďůĞŽŽƌ;ϭͿϲdžϴ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ Ϯ  Ψϱ͕ϬϬϬ͘ϬϬ ΨϭϮ͕ϱϬϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϯ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ 'ĂƌĂŐĞŽŽƌƐ;ϰͿϭϬdžϭϮ͛ ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϱϱ ϮϬϯϱ ϰ  Ψϲ͕ϬϬϬ͘ϬϬ ΨϯϬ͕ϬϬϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϰ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ 'ůĂƐƐŽŽƌǁŝƚŚ'ůĂƐƐWĂŶĞů ŽŽƌƐ;džƚĞƌŝŽƌͿͲZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭ  Ψϱ͕ϬϬϬ͘ϬϬ Ψϲ͕ϮϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϳ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁ;ϭͿϯdžϲ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭϴ ^& Ψϳϱ͘ϬϬ Ψϭ͕ϲϴϴ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϳ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁ;ϭͿϯdžϲ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭϴ >& Ψϭϭ͘ϬϬ ΨϮϰϴ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϴ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁϮdžϮ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϰͲWŽŽƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϰ ^& Ψϳϱ͘ϬϬ Ψϯϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϴ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁϮdžϮ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϰͲWŽŽƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϰ >& Ψϭϭ͘ϬϬ Ψϱϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϭϵ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐ;ϮͿϯdžϲ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϯϲ ^& Ψϳϱ͘ϬϬ Ψϯ͕ϯϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϭϵ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐ;ϮͿϯdžϲ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϯϲ >& Ψϭϭ͘ϬϬ Ψϰϵϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϬ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐ;ϳͿϯdžϲ͛tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭϮϲ ^& Ψϳϱ͘ϬϬ Ψϭϭ͕ϴϭϯ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϬ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐ;ϳͿϯdžϲ͛tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭϮϲ >& Ψϭϭ͘ϬϬ Ψϭ͕ϳϯϯ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϯ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐϯdžϲ;ϱͿ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϰͲWŽŽƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϵϬ ^& Ψϳϱ͘ϬϬ Ψϴ͕ϰϯϴ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϯ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐϯdžϲ;ϱͿ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϰͲWŽŽƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϵϬ >& Ψϭϭ͘ϬϬ Ψϭ͕Ϯϯϴ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϵ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐϰdžϴ;ϲͿ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭϵϮ ^& Ψϳϱ͘ϬϬ Ψϭϴ͕ϬϬϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϵ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁƐϰdžϴ;ϲͿ tŝŶĚŽǁƐͲZĞƉůĂĐĞ WĂŶĞͬWĂŶĞƐͬ/'h ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϴϬ ϰϴ ϮϬϮϴ ϭϵϮ >& Ψϭϭ͘ϬϬ ΨϮ͕ϲϰϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϰ͕ηϱϰϭ͕ηϱϯϮ ϬϱͲdžƚĞƌŝŽƌŶĐůŽƐƵƌĞ ^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ ƌŝĐŬĨĂĐĂĚĞ dƵĐŬƉŽŝŶƚŝŶŐ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϲϴ ϲϬ ϮϬϮϴ ϭ ůůŽǁĂŶĐĞ Ψϭϱ͕ϬϬϬ͘ϬϬ Ψϭϴ͕ϳϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϳϳ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ KĨĨŝĐĞĂŶĚĐŽƉLJƌŽŽŵƐ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϬ Ϯϴ ϮϬϮϴ ϰϵϬ ^& ΨϮϳ͘ϬϬ Ψϭϲ͕ϱϯϴ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϳϱ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ŽƌƌŝĚŽƌͬ,ĂůůǁĂLJ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϬ Ϯϴ ϮϬϮϴ ϵϱϬ ^& ΨϮϳ͘ϬϬ ΨϯϮ͕Ϭϲϯ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϲϴ͕ηϱϳϭ͕ηϱϳϯ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ĂƚŚƌŽŽŵƐ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϬ Ϯϴ ϮϬϮϴ ϱϴϬ ^& ΨϭϬϬ͘ϬϬ ΨϳϮ͕ϱϬϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϲϮ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ĞůůƐ;ϮͿͲKĨĨŝĐĞĂŶĚdƌĂŝŶZŽŽŵ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϬ Ϯϴ ϮϬϮϴ ϭϯϬ ^& ΨϮϳ͘ϬϬ Ψϰ͕ϯϴϴ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϲϭ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ZĞĐZŽŽŵ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϰͲWŽŽƌ ϭͲ>Žǁ ϮϬϬϬ Ϯϴ ϮϬϮϴ ϭϬϬ ^& ΨϮϳ͘ϬϬ Ψϯ͕ϯϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϳϰ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ >ŝďƌĂƌLJ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϵ ϮϬ ϮϬϮϵ ϭ͕ϮϮϬ ^& ΨϮϳ͘ϬϬ Ψϰϭ͕ϭϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϳϮ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ tĞŝŐŚƚƌŽŽŵ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϵ ϮϬ ϮϬϮϵ ϵϬϬ ^& ΨϮϳ͘ϬϬ ΨϯϬ͕ϯϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϳϬ͕ηϱϲϳ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ <ŝƚĐŚĞŶĞƚƚĞ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϮͲ'ŽŽĚ ϭͲ>Žǁ ϮϬϭϬ ϮϬ ϮϬϯϬ ϱϬϬ ^& ΨϮϳ͘ϬϬ Ψϭϲ͕ϴϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϲϱ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ĂŶƋƵĞƚƌŽŽŵ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϮͲ'ŽŽĚ ϭͲ>Žǁ ϮϬϭϬ ϮϬ ϮϬϯϬ Ϯ͕ϯϬϬ ^& ΨϮϳ͘ϬϬ Ψϳϳ͕ϲϮϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϲϲ͕ηϱϲϰ ϬϳͲ/ŶƚĞƌŝŽƌŽŶƐƚƌƵĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ƌƚƐĂŶĚƌĂĨƚƐĐĞŶƚĞƌ ZĞŶŽǀĂƚŝŽŶͲ>ŝŐŚƚ ϮͲ'ŽŽĚ ϭͲ>Žǁ ϮϬϭϱ ϮϬ ϮϬϯϱ ϴϴϬ ^& ΨϮϳ͘ϬϬ ΨϮϵ͕ϳϬϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϳ ϭϭͲ&ŝƌĞWƌŽƚĞĐƚŝŽŶ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ &ŝƌĞƌŝƐĞƌ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϮϬϬϬ ϱϬ ϮϬϱϬ ϭ  ΨϱϬ͕ϬϬϬ͘ϬϬ ΨϲϮ͕ϱϬϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϳϲ ϭϮͲWůƵŵďŝŶŐ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ƌŝŶŬŝŶŐ&ŽƵŶƚĂŝŶ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϱ Ϯϱ ϮϬϯϬ ϭ  Ψϭ͕ϱϬϬ͘ϬϬ Ψϭ͕ϴϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϲ ϭϮͲWůƵŵďŝŶŐ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ tĂƚĞƌ,ĞĂƚĞƌ ĂƉŝƚĂůZĞƉůĂĐĞ ϮͲ'ŽŽĚ ϮͲDĞĚŝƵŵ ϮϬϭϴ ϮϬ ϮϬϯϴ ϭ  ΨϮ͕ϬϬϬ͘ϬϬ ΨϮ͕ϱϬϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϴ ϭϱͲůĞĐƚƌŝĐĂů ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ d^ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϯͲ,ŝŐŚ ϭϵϲϴ ϯϱ ϮϬϮϱ Ϭ  Ψϭϱ͕ϬϬϬ͘ϬϬ ΨͲ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϵ ϭϱͲůĞĐƚƌŝĐĂů ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ůĞĐƚƌŝĐĂůWĂŶĞůĨŽƌZdh͕,ĞĂƚĞƌ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϮϬϭϬ ϱϬ ϮϬϲϬ ϭ  Ψϳ͕ϱϬϬ͘ϬϬ Ψϵ͕ϯϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϱ ϭϱͲůĞĐƚƌŝĐĂů ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ 'ĞŶĞƌĂƚŽƌ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϯͲ,ŝŐŚ ϭϵϲϰ ϯϱ ϮϬϮϱ Ϭ  Ψϯϱ͕ϬϬϬ͘ϬϬ ΨͲ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϯ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ &Ͳ͍͍͍ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϭϵϲϴ ϰϬ ϮϬϮϱ ϭ  Ψϭ͕ϱϬϬ͘ϬϬ Ψϭ͕ϴϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϲϬ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ Dh ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϯͲ,ŝŐŚ ϮϬϬϬ ϯϬ ϮϬϯϬ ϭ  Ψϱ͕ϱϬϬ͘ϬϬ Ψϲ͕ϴϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϲ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZdhͲƵŶŝƚϰ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϯͲ,ŝŐŚ ϮϬϬϲ ϮϬ ϮϬϮϲ ϱ dŽŶ Ψϯ͕ϯϬϬ͘ϬϬ ΨϮϬ͕ϲϮϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϮ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZdhͲƵŶŝƚϱ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϯͲ,ŝŐŚ ϮϬϬϲ ϮϬ ϮϬϮϲ ϱ dŽŶ Ψϯ͕ϯϬϬ͘ϬϬ ΨϮϬ͕ϲϮϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϭ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZdhͲϮ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϯͲ,ŝŐŚ ϮϬϭϬ ϮϬ ϮϬϯϬ ϱ dŽŶ Ψϯ͕ϯϬϬ͘ϬϬ ΨϮϬ͕ϲϮϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϳ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZdhͲϯ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϯͲ,ŝŐŚ ϮϬϭϬ ϮϬ ϮϬϯϬ ϱ dŽŶ Ψϯ͕ϯϬϬ͘ϬϬ ΨϮϬ͕ϲϮϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϴ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ hŶŝƚŚĞĂƚĞƌĨŽƌŐĂƌĂŐĞͲ ĂƉŝƚĂůZĞƉůĂĐĞ ϮͲ'ŽŽĚ ϮͲDĞĚŝƵŵ ϮϬϭϬ ϯϬ ϮϬϰϬ ϭ  Ψϭ͕ϱϬϬ͘ϬϬ Ψϭ͕ϴϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϰϲ ϭϯͲ,s^ĞŶŝŽƌĞŶƚĞƌͲ^ŝƚĞWůĂŶ tŝŶĚŽǁŝƌĐŽŶĚŝƚŝŽŶĞƌ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϭͲ>Žǁ ϮϬϬϬ ϭϬ ϮϬϮϱ ϭ  ΨϱϬϬ͘ϬϬ ΨϲϮϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϯϬ ϬϲͲZŽŽĨ ^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZŽŽĨZŽŽĨͲZĞƉůĂĐĞ ϰͲWŽŽƌ ϯͲ,ŝŐŚ ϮϬϭϳ ϮϬ ϮϬϯϳ ϵ͕ϱϯϮ ^& ΨϮϱ͘ϬϬ ΨϮϵϳ͕ϴϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϵ ϬϲͲZŽŽĨ ^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZŽŽĨZŽŽĨͲZĞƉůĂĐĞ ϰͲWŽŽƌ ϯͲ,ŝŐŚ ϮϬϭϳ ϮϬ ϮϬϯϳ Ϯ͕ϯϰϯ ^& ΨϮϱ͘ϬϬ Ψϳϯ͕Ϯϭϵ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϭ ϬϲͲZŽŽĨ ^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZŽŽĨZŽŽĨͲZĞƉůĂĐĞ ϰͲWŽŽƌ ϯͲ,ŝŐŚ ϮϬϭϳ ϮϬ ϮϬϯϳ ϭϰϬ ^& ΨϮϱ͘ϬϬ Ψϰ͕ϯϳϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϮϭ ϬϲͲZŽŽĨ ^ĞŶŝŽƌĞŶƚĞƌͲZŽŽĨWůĂŶ ZŽŽĨZŽŽĨͲZĞƉůĂĐĞ ϰͲWŽŽƌ ϯͲ,ŝŐŚ ϮϬϭϳ ϮϬ ϮϬϯϳ ϭϮϬ ^& ΨϮϱ͘ϬϬ Ψϯ͕ϳϱϬ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϲϯ ϭϲͲƵĚŝŽͬsŝƐƵĂů ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ sͬƐĞƌǀĞƌƐͲEŽŽŽůŝŶŐͲ>sŝŵƉƌŽǀĞŵĞŶƚƐ ĂƉŝƚĂůZĞƉůĂĐĞ ϯͲ&Ăŝƌ ϮͲDĞĚŝƵŵ ϮϬϭϬ Ϯϱ ϮϬϯϱ ϭϮ͕ϲϳϬ ^& Ψϯ͘ϬϬ Ψϰϳ͕ϱϭϯ ^ĞŶŝŽƌĞŶƚĞƌ ^s ϭϳͲůĞĐƚƌŽŶŝĐ^ĂĨĞƚLJĂŶĚ^ĞĐƵƌŝƚLJ ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶ ^ĞĐƵƌŝƚLJĂŵĞƌĂƐͲϵ ĂƉŝƚĂůZĞƉůĂĐĞ ϮͲ'ŽŽĚ ϯͲ,ŝŐŚ ϮϬϭϲ ϮϬ ϮϬϯϲ ϵ  ΨϮ͕ϱϬϬ͘ϬϬ ΨϮϴ͕ϭϮϱ ^ĞŶŝŽƌĞŶƚĞƌ ηϱϱϳ ϭϱͲůĞĐƚƌŝĐĂů ^ĞŶŝŽƌĞŶƚĞƌͲ&ůŽŽƌWůĂŶƐ ^ǁŝƚĐŚŐĞĂƌ ĂƉŝƚĂůZĞƉůĂĐĞ ϰͲWŽŽƌ ϯͲ,ŝŐŚ ϭϵϲϴ ϱϬ ϮϬϮϱ ϭ  Ψϳϱ͕ϬϬϬ͘ϬϬ Ψϵϯ͕ϳϱϬ KRAUS-ANDERSON FACILITY CONDITION ANALYSIS Pa g e 1 7 3 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 24 ϮϬϮϱ ϮϬϮϲ ϮϬϮϳ ϮϬϮϴ ϮϬϮϵ ϮϬϯϬ ϮϬϯϭ ϮϬϯϮ ϮϬϯϯ ϮϬϯϰ dŽƚĂů;ǁŝƚŚ/ŶĨ͘Ϳ ^ƵŵdŽƚĂůƐ͗ϭ͕ϴϯϵ͕ϴϵϮΨ ηZ&͊ ηZ&͊ ηZ&͊ Ϯ͕ϳϱϰ͕ϰϯϳΨ ϯ͕Ϯϯϯ͕ϭϴϯΨ ϭ͕ϭϲϲ͕ϭϳϲΨ ϭ͕ϰϭϴ͕ϳϮϰΨ ϲϮϱ͕ϱϬϬΨ Ϯ͕ϭϵϲ͕ϲϵϱΨ ηZ&͊ Ύ/ŶĐůƵĚĞƐĨŽƌ;ŝŶĨůĂƚŝŽŶͬĞƐĐĂůĂƚŝŽŶͿĂƐƐŚŽǁŶďĞůŽǁ ϭ͘ϭϬ  ϭ͘ϮϬ  ϭ͘Ϯϱ  ϭ͘Ϯϵ  ϭ͘ϯϮ  ϭ͘ϯϱ  ϭ͘ϯϴ  ϭ͘ϰϭ ϭ͘ϰϰ  ϭ͘ϰϳ  KƌĚĞƌŽĨKƉƐ &ŝŶĂŶĐŝŶŐ DĞƚŚŽĚ ϮϬϮϱ ϮϬϮϲ ϮϬϮϳ ϮϬϮϴ ϮϬϮϵ ϮϬϯϬ ϮϬϯϭ ϮϬϯϮ ϮϬϯϯ 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ΨϭϬϯ͕ϭϮϱ ĞƐĐƌŝƉƚŝŽŶŽĨǁŽƌŬ WĂƌŬŝŶŐ>Žƚ;ĂƐƚͿ WĂƌŬŝŶŐ>Žƚ;tĞƐƚͿ WĂƌŬŝŶŐ>Žƚ;ĂƐƚͿ WĂƌŬŝŶŐ>Žƚ;tĞƐƚͿ 'ĂƌĂŐĞƉƌŽŶϱϬdžϱϬ ^ŝĚĞǁĂůŬͬƐƚĞƉƐͬƌĂŝůƐ DhůŽĐŬ ŽŽƌ ŽŽƌ ŽŽƌ ŽŽƌ ŽŽƌǁŝƚŚŐůĂƐƐ;ϭͿϲdžϴ ŽŽƌǁŝƚŚƐŝĚĞŐůĂƐƐ ŽŽƌǁŝƚŚƐŝĚĞŐůĂƐƐ ŽŽƌͬƐŝĚĞŐůĂƐƐ ŽŽƌͬǁŝƚŚƐŝĚĞŐůĂƐƐ ŽƵďůĞŽŽƌ;ϭͿϲdžϴ 'ĂƌĂŐĞŽŽƌƐ;ϰͿϭϬdžϭϮ͛ 'ůĂƐƐŽŽƌǁŝƚŚ'ůĂƐƐWĂŶĞů tŝŶĚŽǁ;ϭͿϯdžϲ tŝŶĚŽǁ;ϭͿϯdžϲ tŝŶĚŽǁϮdžϮ tŝŶĚŽǁϮdžϮ tŝŶĚŽǁƐ;ϮͿϯdžϲ tŝŶĚŽǁƐ;ϮͿϯdžϲ tŝŶĚŽǁƐ;ϳͿϯdžϲ͛ tŝŶĚŽǁƐ;ϳͿϯdžϲ͛ tŝŶĚŽǁƐϯdžϲ;ϱͿ tŝŶĚŽǁƐϯdžϲ;ϱͿ tŝŶĚŽǁƐϰdžϴ;ϲͿ tŝŶĚŽǁƐϰdžϴ;ϲͿ ƌŝĐŬĨĂĐĂĚĞ KĨĨŝĐĞĂŶĚĐŽƉLJƌŽŽŵƐ ŽƌƌŝĚŽƌͬ,ĂůůǁĂLJ ĂƚŚƌŽŽŵƐ ĞůůƐ;ϮͿͲKĨĨŝĐĞĂŶĚdƌĂŝŶZŽŽŵ ZĞĐZŽŽŵ >ŝďƌĂƌLJ tĞŝŐŚƚƌŽŽŵ <ŝƚĐŚĞŶĞƚƚĞ ĂŶƋƵĞƚƌŽŽŵ ƌƚƐĂŶĚƌĂĨƚƐĐĞŶƚĞƌ &ŝƌĞƌŝƐĞƌ ƌŝŶŬŝŶŐ&ŽƵŶƚĂŝŶ tĂƚĞƌ,ĞĂƚĞƌ d^ ůĞĐƚƌŝĐĂůWĂŶĞůĨŽƌZdh͕,ĞĂƚĞƌ 'ĞŶĞƌĂƚŽƌ &Ͳ͍͍͍ Dh ZdhͲƵŶŝƚϰ ZdhͲƵŶŝƚϱ ZdhͲϮ ZdhͲϯ hŶŝƚŚĞĂƚĞƌĨŽƌŐĂƌĂŐĞͲ tŝŶĚŽǁŝƌĐŽŶĚŝƚŝŽŶĞƌ ZŽŽĨ ZŽŽĨ ZŽŽĨ ZŽŽĨ sͬƐĞƌǀĞƌƐͲEŽŽŽůŝŶŐͲ>sŝŵƉƌŽǀĞŵĞŶƚƐ ^ĞĐƵƌŝƚLJĂŵĞƌĂƐͲϵ ^ǁŝƚĐŚŐĞĂƌ K-A Condition Analysis continued Pa g e 1 7 4 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 25 2023 Rambling River Center Info. Program Participation Per Month Active Membership By Month Tops Program # of Participation Jan. – Sept. 2023 January 1,045 January 349 Day Old Bread/Sweets Pick Up 1,947 February 1,045 February 345 Fitness Classes (combined) 1,824 March 1,424 March 359 Fitness Center Visits 1,561 April 1,347 April 371 Coffee Guys 685 May 1,377 May 363 Bingo 611 June 1,313 June 352 Card Games 280 July 1,213 July 356 Trips 222 August 1,114 August 367 Luncheons 202 September 1,347 September 369 Dulcimers 183 Total 11,267 NA The program participant numbers are the larges groups. You can see that fitness-based programing is a large interest for our members. It is second only to free food. If to see all of our program numbers I can send you a spreadsheet. Rambling River Rental Totals Month 2023 Banquet Rm Nicolai Board Rm Ross Rm Red Slipper Rm Empire Rm Garage January 14 1 8 4 0 1 0 February 17 2 8 6 0 1 0 March 25 8 8 8 0 1 0 April 25 11 8 6 0 0 0 May 24 1 11 8 2 2 0 June 27 2 10 4 0 7 4 July 15 1 7 1 0 5 1 August 17 3 12 1 0 0 1 September 15 0 9 1 0 4 1 Totals 179 29 81 39 2 21 7 2023 PARTICIPATION RATES Pa g e 1 7 5 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 26 651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY 1 Rambling River Center Hours 7:30 a.m.–3:30 p.m. M-F Fitness Hours 7:30 a.m.–3 p.m. M-F Contact Info. 651-280-6970 325 Oak St. Farmington, MN 55024 FarmingtonMN.gov RRC Advisory Board Members Rachel Edwards Mary Garlets Pat Hennen Marge Koski Judy Janke Pennie Page Blanche Reichert Recreation Supervisor Missie Kohlbeck MKohlbeck@FarmingtonMN.gov Rec. Program Assistant Stacey Popp SPopp@FarmingtonMN.gov RAMBLING RIVER CENTERTHE RIVERJanuary/February 2024 CAP - Meals on Wheels 612-940-9590 Transit Link Rides 651-602-5465 Senior Linkage Line 1-800-333-2433 “Committed to providing quality programs and services, while encouraging the involvement of adults over age 50 in the Farmington Community.” Minnwest Bank Donation Surprise Neil Anderson, Market President of Minnwest Bank, surprised the Rambling River Center Advisory Board at their December 11 meeting with a check for $50,000 to build an outside patio complete with patio furnishings. Their generosity made our talkative advisory board speechless. Thank you so much Minnwest Bank; we are grateful for your ongoing support! We look forward to enjoying a beautiful day outside with our friends. Once again, we are reminded that one of the best parts of living in Farmington, is the abundance of residents and businesses willing to assist us with our mission. Registering and Checking In with Rectrac The Rambling River Center is in the process of moving to a new registration program. This means that you can now pay for memberships, events, trips and even fundraisers with a credit/ debit card! Another great feature is that you can now register online at home by going to https://webtrac.farmingtonmn.gov. Current members already have an account. The email listed on your membership is both your login and your password for your account. The check in system will look different, so please be patient and we will all learn together. Finally, for those interested, there is a mobile app you can download to your phone.o e Scan here to access registration JAN - FEB 2024 NEWSLETTER WITH PROGRAMS AND EVENT CALENDAR Pa g e 1 7 6 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 27 651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY 3651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY2 Day Date Time Deadline Cost F March 8 5 p.m.–10:30 p.m. Feb. 29 $67/m, $77/nm “Kickin’ It Irish” Sheldon Theater, Red WingÌ RRC Van This is a family-friendly show featuring jaw-dropping talent led by Dublin native, Cormac Ó Sé, from the original company of Riverdance. Kickin’ It Irish highlights traditional and contemporary Irish step dancing, and music featuring world class musicians in Irish bodhran, whistle, flute, fiddle, guitar, and accordion., We will stop at the St. James Hotel for dinner; the meal is on your own. Activity Level Scale This scale is an approximate guide of the activity and physical ability required for a class or a trip. Ì- Passive ÌÌ- Active ÌÌÌ- Vigorous TRIPS & TOURS Gregory Popovich’s Comedy Pet Theater Sheldon Theater, Red WingÌ RRC Van Enjoy Ukrainian circus performer Gregory Popovich and the extraordinary talents of his performing pets. You will see world class jugglers, Diamond the Shetland Pony and over 20 performing pets including house cats and dogs (all rescued from shelters), geese, white doves and parrots. We will stop at Kelly’s Tap House after the show for dinner; the meal is on your own. Day Date Time Deadline Cost Su Feb. 25 1:30– 7 p.m. Jan. 31 $67/m,$77/nm MN Germans and Their ContributionsÌÌ Motorcoach We will meet our guide in Minneapolis for an insightful look at the history of German migration in MN. As of the 2000 census, Germans were the largest single immigrant group in MN history. Learn about the Christmas tree, breweries, Minnesota 13, grasshoppers, and amazing bakeries. Lunch will be at Gluek's; choose from schweineschnitzle spaetzle (center-cut pork encrusted with seasoned rye bread crumbs and fried over spaetzle) or walleye fish n' chips. Hocokata Ti and Shakopee HistoryÌÌ Motorcoach We will tour Hocokata Ti [ho-cho-kah-tah-tee] in Shakopee. This is the Shakopee Mdewakanton Sioux Community’s (SMSC) cultural center and gathering space. It's mission is to educate visitors about the Dakota people. Lunch is at Ruby’s Family Restaurant. Enjoy a small salad, soup, half sandwich, and dessert. Then we are off to the Scott County Historical Museum. Take time to explore the artifacts and archives that reveal the story of Scott County. Day Date Time Deadline Cost Th Feb. 22 9 a.m.–4:15 p.m. Jan. 22 $82 m/$92 nm Day Date Time Deadline Cost Th Jan. 25 9 a.m.–4:15 p.m. Jan. 4 $87 m/$97 nm Tasty Tuesdays Tasty Tuesdays are short trips made to restaurants in surrounding communities using our van. Fee is for the van only, meals are on your own. $8/m, $18/nm Deadline: Friday prior to each trip Muddy Waters Prescott, Wi Jan. 9 10:30 a.m. Morgan’s Farm to Table Burnsville Jan. 23 10:30 a.m. Olive Garden Burnsville Feb. 13 10:30 a.m. )SSPMXXPI;SSHǻVI,VMPP Eagan Feb. 27 10:30 a.m. Day Date Time Deadline Cost Tu March 5 9:15 a.m.–5:30 p.m. Jan. 29 $95/m, $105/nm “Hank & My Honky Tonk Heroes” Paramount Theatre, St. CloudÌ Motorcoach Lunch will be at D. Michael B’s. Choose from seven layer meatloaf or walleye sandwich with french fries. Next we head to the theater. This astonishing show is more than a tribute, it also pays tribute to the stars that influence Hank. You will smile, cry, clap your hands and stomp your feet with excitement for this country music show. Love Letters with Don Shelby Chanhassen Dinner TheaterÌ RRC Van Don and Nancy play the roles of Andrew Makepeace Ladd III and Melissa Gardner. Both born to wealth and position, Andrew and Melissa are childhood friends whose lifelong correspondence begins with birthday party thank-you notes and summer camp postcards and continues for some 50 years. Guests are invited to stay after the show for a short Q & A with Don and Nancy. Meal is included. Irish Influence in St. PaulÌÌ Motorcoach We will meet a professional step-on tour guide for a fun and informative day in St. Paul. The Irish immigrants influenced the city’s architecture, politics, religion and more. Lunch will be at O'Malley's Irish Pub in Woodbury. Enjoy the handmade booths, bar and fireplace all built in memory of Tim O'Malley. Choose from homemade Sheppard’s pie or fish & chips when registering. Day Date Time Deadline Cost Su Feb. 11 3:30 -8:30 p.m. Jan. 31 $87/m,$97/nm Day Date Time Deadline Cost Tu April 9 9:30 a.m. -3:30 p.m. March 4 $90/m, $100/nm TRIPS & TOURS Pa g e 1 7 7 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 28 651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY 5651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY4 HEALTHY LIVING HEALTHY LIVING Day CLASS Time Instructor M Move with Mary 9 a.m. Mary Garlets M/Th Core 10 a.m. Jeff Spillman M Walk/Bike 11 a.m. Jeff Spillman Tu Chair Yoga 10:10 a.m. Stacey Popp W Cardio 1 p.m. Stacey Popp W Move with Mary 11:30 a.m. Mary Garlets F Chair Yoga 9 a.m. Mary Garlets Free Member Fitness Classes Whether it be COVID, caregiving, or the weather, we don’t want you to miss your workout! Now you can choose to work out in person or on zoom. Zumba Gold Zumba Gold is an easy-to-follow program that lets you move to the beat at your own speed. The Zumba Gold Live it Up! System is the total-body wellness program that feels like a party while it re- vitalizes your mind and body. No dance experience is necessary. Now available: punch cards for purchase for members only. Instructor: Stacey Popp Day Time Cost Tu 9:15 a.m. $5/m, $8/nm Instructor: Jeff Spillman Day Time Cost M 11 a.m. Free/m, $5/nm Instructor: Jessica Christenson Day Dates Time Cost W Jan. 10, 17, 24, 31 5 p.m. $28/m, $38/nm W Feb. 7, 14, 21, 28 5 p.m. $28/m, $38/nm Yoga The beauty of yoga practice - whether it’s your first time or your 20th year, you always start with what you have and nothing more. We will meet in the RRC Banquet Room. Instructor: Stacey Popp Day Dates Time Cost F Ongoing 1 p.m. Drop in $5/m, $8/nm Cross Country Skiing/Walking Club We will walk until there is snow. We will meet at the banquet room each Monday to discuss locations. Regularly Scheduled Activities Check out the calendar pages for dates and times on regularly scheduled activities such as: coffee guys, dulcimers, pinochle, bingo, recycled cards, day old bread, woodworking and more! Instructor: Stacey Popp Day Time Cost W 1 p..m. Free/m, $5/nm Cardio Strength This 45 minute class will have 15-20 minutes of cardio followed by strength training with weights for the upper body & lower body; you can do this standing, seated or optional floor. All levels are welcome. The first cardio session can also be done in the chair. Wear comfortable clothing and fitness shoes. Do you have a Rambling River Story you’d like to share? We’d love to hear it! You can call or email Missie at 651-280-6971 or mkohlbeck@farmingtonmn.gov. Meditation We will discuss the benefits of meditation and how to practice it. Then we will go into a 20-minute medi- tation together. Peace can be amplified with more people, so join us for your health and wellness. Led by Beth Abkes-Moore, layperson with 7 years of daily meditation experience. Thursdays at 11 a.m., check with the RRC for dates. A Rambling River Story -Kathy Gunderson My story began in the summer of 2012 when I retired andstarted volunteering at the front desk of the Rambling River Center. I found that I enjoyed it and got to meet lots of people and it kept me up to date as to what activities were happening. My firends would say, “How come you know so many people?” and I’d reply that it’s because I met them through the Rambling River Center. In 2014, we started a Mountain Dulcimer Club with only 4 people meeting on Mondays at the Center. Over the years we’ve had as many as 16; we have 12 at the present time. Our group goes out into the community to entertain, mostly at other senior centers, the care center, etc. We truly enjoy what we are doing and the friendships we’ve made over the years are wonderful. (Once a year, Missie asks us to play a concert at the Rambling River Center, usually in September. If you don’t know what a dulcimer is (I didn’t until I started playing), you can come check us out Mondays at 1 p.m. and listen to a song or two. I if you find you have a need for things to do, I encourage you to get involved at the senior center, there are many activities going on, as well as opportunities to volunteer. Try us out you! You will find many friendly faces, happy to greet you. On Going Rambling River Center Fundraisers Did you know when you shop at Happy Harry’s and mention the Rambling River Center that 10% of your purchase comes back to us? Shop local and mention us! Your paper shredding can earn the Rambling River Center money all year long at our #ShredRight4Good container collection fundraiser. $10 a ticket is good for two grocery bags of documents to be shredded at the Rambling River Center. Pa g e 1 7 8 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 29 651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY 7651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY6 CLASSES PROGRAMS Thursdays with a Movie This is a great event to invite a friend to check out the RRC as movies are free for everyone. All movies are shown at 1 p.m. Day Date Title Th Jan. 18 About My Father Th Feb. 15 Mrs. Harris Goes to Paris Book Club We started a book club, if you are interested, join us! Nicolai Board Room Day Date Time Title Cost W Jan. 17 1:30 p.m. The Book Woman of Troublesome Creek By Kim Michele Richardson Free/m, $5/nm W Feb 21 1:30 p.m. The Lincoln Highway By Amor Towles Free/m, $5/nm Much At Lunch Party Sponsored by Trinity Health Enjoy lunch and entertainment, and maybe even a little dancing. Don’t miss it! Deadline to register is 1 week prior. Day Date Theme Time Menu Time W Jan 31 Vinny Rose 12 p.m. Tator Tot Hotdish $12/m, $17 nm W Feb. 28 Ross Suter 12 p.m.2YǾIXXE Sand- wich $12/m, $17 nm Day Date Time Cost W Ongoing 1 p.m. Free/m,, $5/nm Day Date Time Cost F Now-Mar. 15 9-10 a.m. Free Coffee Cafe Now Open Free and open to everyone! We will enjoy treats, conversation and of course, coffee. A great way to meet new people. NEW De-stress with Adult coloring Many people enjoy a noticeable reduction in stress. Completed pictures will be laminated and dis- played in the hallway. RRC Closed For The Holidays Monday, January 1 Monday, January 15 Monday, February 19 Cost is per date: $6/m, $16/nm Register 1 week prior to class. Day Date Time Craft Th Jan. 18 12:30 p.m. Luminary Candle Holders Crafts with Cricut Join us in creating these adorable crafts! Celebrate Valentines with Singing Hearts Sponsored by the Legacy of Farmington. Enjoy coffee, dessert and music at the RRC! Avoiding Fraud Crucial Conversations Wendy Boos from Premier Bank, will be here to educate you on protecting your information and accounts, how to avoid scams, and tools to assist you on making your payments more secure. Downsize and Declutter Crucial Conversations Does the thought of moving overwhelm you? Our presenter, Lisa Dunn, has been a real estate agent since 2003. She specializes in working with seniors in the Twin Cities metro area. There is a lot of real estate and downsizing information available, most of it is inaccurate, or too general to apply to you, which may leave you feeling overwhelmed. Lisa will show you how to cut through all the noise and de- sign a move strategy that will work for you. Get an update on the real estate market, the best strategy for preparing your home for the market and real in- formation you can use in this fun, engaging seminar. Day Date Time Cost Tu Ongoing 11:30 a.m. Free/m, $5/nm Women’s Coffee Enjoy a cup of coffee with others with women’s topics of discussion. NEW TIME Frustrated with Dating? Just in time for Valentines Day Check out this class! Are you Single, Divorced, Widowed? Are you having dating/relationship frustrations? We will offer you guidance, education, and support for you in your personal journey, including assisting you with your profile if you are using dat- ing sites. We will also discuss what you are looking for in someone/a significant other! Who do you want to give your rose to? Laura and Dana have SZIVȴȉ]IEVWMRXLIHEXMRKERHVIPEXMSRWLMT industry. Day Date Time Cost Th Jan. 25 1 :30 p.m. Free/m, $5/nm Fall Prevention Wellness Wisdom Did you know most falls can be avoided and you can reduce your risk of falls with light exercise? Join us to learn tips to help you reduce your risk for falls. Day Dates Time Deadline Cost M Feb. 12 1:30 p.m. Feb.. 10 $6/m, $12/nm Day Date Time Cost Th Feb. 29 1:30 p.m. Free/m, $5/nm Day Date Time Cost M Feb. 12 6 :30- 8 p.m. Free/m, $5/nm Day Date Time Cost Th Jan. 11 1 :30 p.m. Free/m, $5/nm Mary Vanorny & The Two Tap Trio Sponsored by Trinity Health Systems Back by popular demand we will en- joy the sounds of Mary Vanorny on the fiddle along with the rest of her trio on a flute and guitar. We will eat appetizers. Of course there will be green beverages. Day Dates Time Deadline Cost Th Mar .14 12:30 p.m. Mar. 11 $6/m, $12/nm Pa g e 1 7 9 o f 2 6 0 JLG 23148 | © 2024 JLG ARCHITECTSRAMBLING RIVER CENTER PLANNING 30 651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY 9651-280-6970 • FARMINGTONMN.GOV • RECREATION, RELAXATION AND COMMUNITY8 Monday Tuesday Wednesday Thursday Friday 1 10:00 Pinochle 10:00 Core 11:45 Fitness Ctr Orientation 11:00 Meditation 1:00 Begin Dulcimer 7:00 Model Railroad Club 2 9:00 Coffee Guys 9:00 Chair Yoga 10:00 Cribbage 1:00 Yoga National Wear Red Day 5 9:00 Day Old Bread 9:00 Coffee Guys 9:00 Move with Mary 10:00 Core 11:00 Walk/Ski Club 12:00 Recycled Cards 1:00 Dulcimers 6 9:15 Zumba Gold 10:10 Chair Yoga 11:30 Women’s Coffee 1:00 Woodcarvers 7 9:00 Day Old Bread 9:00 Coffee Guys 9:15 Christmas in Duluth 10:00 Medicare Counseling 11:30 Move with Mary 1:00 Cardio 1:00 Coloring 5:00 Yoga 8 10:00 Pinochle 10:00 Core 11:45 Fitness Ctr Orientation 11:00 Meditation 1:00 Begin Dulcimer 7:00 Model Railroad Club 9 9:00 Coffee Guys 9:00 Chair Yoga 9:00 Coffee Cafe 10:00 Cribbage 10:30 Bingo 1:00 Yoga 12 9:00 Day Old Bread 9:00 Coffee Guys 9:00 Move with Mary 9:30 Advisory Board 10:00 Core 11:00 Walk/Ski Club 12:00 Recycled Cards 1:00 Dulcimers 6:30 Frustrated with Dating 13 9:15 Zumba Gold 10:10 Chair Yoga 10:30 Olive Garden 11:00 Fitness Class Demo 11:30 Women’s Coffee 1:00 Woodcarvers 14 9:00 Day Old Bread 9:00 Coffee Guys 9:15 Christmas in Duluth 11:30 Move with Mary 1:00 Cardio 1:00 Coloring 1:30 Valentines wiht Singing Hearts 5:00 Yoga 15 10:00 Pinochle 10:00 Core 11:45 Fitness Ctr Orientation 1:00 Begin Dulcimer 1:00 Movie Mrs. Harris Goes to Paris 1 9:00 Coffee Guys 9:00 Chair Yoga 9:00 Coffee Cafe 10:00 Cribbage 1:00 Yoga 19 CLOSED 20 9:15 Zumba Gold 10:10 Chair Yoga 11:30 Women’s Coffee 1:00 Woodcarvers 3:00 The Open Door Food Distribution 21 9:00 Day Old Bread 9:00 Coffee Guys 11:30 Move with Mary 1:00 Cardio 1:00 Coloring 1:30 Book Club 5:00 Yoga 22 9:00 Hocplatah To 10:00 Pinochle 10:00 Core 11:45 Fitness Ctr Orientation 11:00 Meditation 1:00 Begin Dulcimer 23 9:00 Coffee Guys 9:00 Chair Yoga 9:00 Coffee Cafe 9:45 Zoom Training 10:00 Cribbage 10:30 Bingo 1:00 Yoga 26 9:00 Day Old Bread 9:00 Coffee Guys 9:00 Move with Mary 10:00 Core 11:00 Walk/Ski Club 12:00 Recycled Cards 1:00 Dulcimers 27 9:15 Zumba Gold 10:10 Chair Yoga 10:30 Doolittles 11:30 Women’s Coffee 1:00 Woodcarvers 28 9:00 Day Old Bread 9:00 Coffee Guys 10:00 Fold Newsletter 11:30 Move with Mary 12:00 Much at Lunch 1:00 Cardio 1:00 Coloring 5:00 Yoga 29 10:00 Pinochle 10:00 Core 11:45 Fitness Ctr Orientation 1:00 Begin Dulcimer 1:30 Downsize/ Declutter Deadline fir Kickin It FEBRUARY CALENDARJANUARY CALENDAR Monday Tuesday Wednesday Thursday Friday 4 10:00 Pinochle 10:00 Core 11:00 Meditation 11:45 Fitness Ctr Orientation 5 9:00 Coffee Guys 9:00 Coffee Cafe 9:00 Chair Yoga 10:00 Cribbage 10:30 Bingo 1:00 Yoga 8 9:00 Day Old Bread 9:00 Coffee Guys 9:00 Move with Mary 10:00 Core 11:00 Walk/Ski Club 12:00 Recycled Cards 1:00 Dulcimers 9 9:15 Zumba Gold 10:10 Chair Yoga 10:30 Muddy Waters 11:30 Women’s Coffee 1:00 Woodcarvers 10 9:00 Day Old Bread 9:00 Coffee Guys 11:30 Move with Mary 1:00 Cardio 1:00 Coloring 1:00 Defensive Driving 5:00 Yoga 11 9:00 iPhone Settings 10:00 Pinochle 10:00 Core 11:45 Fitness Ctr Orientation 1:30 Fall Prevention 7:00 Model Railroad Club 12 CLOSED 15 CLOSED 16 9:00 Taking Screen Shots 9:15 Zumba Gold 10:10 Chair Yoga 11:00 Fitness Class Demo 11:30 Women’s Coffee3:00 1:00 The Open Door Food Distribution 17 9:00 Day Old Bread 9:00 Coffee Guys 11:30 Move with Mary 1:00 Cardio 1:00 Coloring 1:30 Book Club 5:00 Yoga 18 10:00 Pinochle 10:00 Core 10:30 Million Dollar Quartet 11:45 Fitness Ctr Orientation 12:30 Crafts with Cricut 1:00 Movie About My Father 19 9:00 Coffee Guys 9:00 Coffee Cafe 9:00 Chair Yoga 10:00 Cribbage 10:30 Bingo 1:00 Yoga 22 9:00 Day Old Bread 9:00 Coffee Guys 9:00 Move with Mary 10:00 Core 11:00 Walk/Ski Club 12:00 Recycled Cards 1:00 Dulcimers Deadline for Hocokatah Ti 23 9:15 Zumba Gold 10:10 Chair Yoga 10:30 Mergan’s Farm to Table 11:30 Women’s Coffee 1:00 Woodcarvers 24 9:00 Day Old Bread 9:00 Coffee Guys 11:30 Move with Mary 1:00 Cardio 1:00 Coloring 5:00 Yoga Deadline for Much At Lunch 25 9:00 MN Germans 10:00 Pinochle 10:00 Core 11:45 Fitness Ctr Orientation 1:30 Avoiding Scams 26 9:00 Coffee Guys 9:00 Coffee Cafe 9:00 Chair Yoga 10:00 Cribbage 10:30 Bingo 1:00 Yoga 29 9:00 Day Old Bread 9:00 Coffee Guys 9:00 Move with Mary 10:00 Core 11:00 Walk/Ski Club 12:00 Recycled Cards 1:00 Dulcimers Deadline for Hank & My Honky Tonk 30 9:15 Zumba Gold 10:10 Chair Yoga 11:30 Women’s Coffee 1:00 Woodcarvers 31 9:00 Day Old Bread 9:00 Coffee Guys 11:30 Move with Mary 12:00 Much at Lunch 1:00 Cardio 1:00 Coloring 5:00 Yoga Deadline for Popvich Pets and Love Letter with Don Shelby 1 CLOSED 2 9:15 Zumba Gold 10:10 Chair Yoga 11:30 Women’s Coffee 1:00 Woodcarvers 3 9:00 Day Old Bread 9:00 Coffee Guys 11:30 Move with Mary 1:00 Cardio 1:00 Coloring Pa g e 1 8 0 o f 2 6 0 Pa g e 1 8 1 o f 2 6 0 Project City of Farmington Facility Condition Assessments Owner/Customer City of Farmington KA Project # Facility Assessed Multiple Building Digitized Site Report Item#Area of work Description of work Resolution Quantity Unit of measure Unit Price Costs (Hard Only) Senior Center #534 05-Exterior Enclosure Door Doors (Exterior)- Replace 1 EA $ 5,000.00 $ 5,000 Senior Center #525 05-Exterior Enclosure Door Doors (Exterior)- Replace 1 EA $ 5,000.00 $ 5,000 Senior Center #536 05-Exterior Enclosure Door with side glass Doors (Exterior)- Replace 1 EA $ 5,000.00 $ 5,000 Senior Center #518 05-Exterior Enclosure Door/side glass Doors (Exterior)- Replace 1 EA $ 5,000.00 $ 5,000 Senior Center #524 05-Exterior Enclosure Door/with side glass Doors (Exterior)- Replace 1 EA $ 5,000.00 $ 5,000 Senior Center #552 05-Exterior Enclosure Double Door (1) 6x8 Doors (Exterior)- Replace 2 EA $ 5,000.00 $ 10,000 Senior Center #523 05-Exterior Enclosure Garage Doors (1) 10x12’ Doors (Exterior)- Replace 1 EA $ 6,000.00 $ 6,000 Senior Center #554 05-Exterior Enclosure Glass Door with Glass Panel Doors (Exterior)- Replace 1 EA $ 5,000.00 $ 5,000 Senior Center #547 05-Exterior Enclosure Window (1) 3x6 Windows- Replace Pane/Panes/IGU 18 SF $ 75.00 $ 1,350 Senior Center #547 05-Exterior Enclosure Window (1) 3x6 Windows- Replace Pane/Panes/IGU 18 LF $ 11.00 $ 198 Senior Center #519 05-Exterior Enclosure Windows (2) 3x6 Windows- Replace Pane/Panes/IGU 36 SF $ 75.00 $ 2,700 Senior Center #519 05-Exterior Enclosure Windows (2) 3x6 Windows- Replace Pane/Panes/IGU 36 LF $ 11.00 $ 396 Senior Center #540 05-Exterior Enclosure Windows (7) 3x6’ Windows- Replace Pane/Panes/IGU 126 SF $ 75.00 $ 9,450 Senior Center #540 05-Exterior Enclosure Windows (7) 3x6’ Windows- Replace Pane/Panes/IGU 126 LF $ 11.00 $ 1,386 Senior Center #553 05-Exterior Enclosure Windows 3x6(5) Windows- Replace Pane/Panes/IGU 90 SF $ 75.00 $ 6,750 Senior Center #553 05-Exterior Enclosure Windows 3x6(5) Windows- Replace Pane/Panes/IGU 90 LF $ 11.00 $ 990 Senior Center #539 05-Exterior Enclosure Windows 4x8(4) Windows- Replace Pane/Panes/IGU 128 SF $ 75.00 $ 9,600 Senior Center #539 05-Exterior Enclosure Windows 4x8(4) Windows- Replace Pane/Panes/IGU 128 LF $ 11.00 $ 1,408 Senior Center #544, #541, #532 05-Exterior Enclosure Brick facade Tuckpointing 1 Allowance $ 15,000.00 $ 15,000 Senior Center #575 07-Interior Construction Corridor/Hallway Flooring, paint, ceiling tile 950 SF $ 20.00 $ 19,000 Senior Center #568, #571, #573 07-Interior Construction Bathrooms Flooring, paint, clg tile, fixt.580 SF $ 50.00 $ 29,000 Senior Center #566, #564 07-Interior Construction Arts and Crafts center Light switching, ceiling tile 880 SF $ 10.00 $ 8,800 Senior Center #576 12-Plumbing Drinking Fountain Capital Replace 1 EA $ 1,500.00 $ 1,500 Senior Center #533 13-HVAC Exhaust fan (1) Capital Replace 1 EA $ 1,500.00 $ 1,500 Senior Center #560 13-HVAC MUA Capital Replace 1 EA $ 5,500.00 $ 5,500 Senior Center #526 13-HVAC RTU- unit 4 Capital Replace 5 Ton $ 3,300.00 $ 16,500 Senior Center #522 13-HVAC RTU- unit 5 Capital Replace 5 Ton $ 3,300.00 $ 16,500 Senior Center #531 13-HVAC RTU-2 Capital Replace 5 Ton $ 3,300.00 $ 16,500 Senior Center #527 13-HVAC RTU-3 Capital Replace 5 Ton $ 3,300.00 $ 16,500 Senior Center #538 13-HVAC Unit heater for garage- Capital Replace 1 EA $ - $ - Senior Center #530 06-Roof Roof A Roof- Replace 9,532 SF $ 25.00 $ 238,300 Senior Center #529 06-Roof Roof B Roof- Replace 2,343 SF $ 25.00 $ 58,575 Senior Center #521 06-Roof Roof C Roof- Replace 140 SF $ 25.00 $ 3,500 Senior Center #521 06-Roof Roof D Roof- Replace 120 SF $ 25.00 $ 3,000 Senior Center SV 17-Electronic Safety and Security Security Cameras- 5 Capital Replace 5 EA $ 2,500.00 $ 12,500 Senior Center #557 15-Electrical Switchgear Capital Replace 1 EA $ 75,000.00 $ 75,000 Total Hard Cost Only $ 617,403 Soft Costs (20%)123,481$ Total Project Cost 740,884$ #518 is current front entrance door; not previously included in renovation cost Construction Contingency (10%)74,088$ #524 is future front entrance door; not previously included in renovation cost Total with Contingency 814,972$ #538 - Shown as no cost; assume relocation of existing unit heater Roof replacement is included in this as of now Exhibit B Pa g e 1 8 2 o f 2 6 0 EXHIBIT C IMAGE RELEASE POLICY All photographic, 3-D, and line drawings images created during the course of JLG Project Number 23148, named Rambling River Center Renovation are owned and protected as property of JLG Architects. The Owner shall be perpetually allowed to use and share all images created by JLG for the Rambling River Center Renovation for noncommercial purposes such as: • Sharing images with the public to promote the project and its progress • Sharing images with Farmington staff, agents, contractors, commission members, advisory board members, and councilmembers (including publication in public agendas); sharing images with other community leaders such as members of Congress; and using images in public or private presentations about the project. • Minnwest Bank, a donor to the Renovation, shall also be allowed to use and share JLG’s images to promote the project and their partnership with the City. Credit must be given to JLG Architects as required below. Credit must be given to the Architect via placement of the JLG Logo or the name “JLG Architects” in any printed, online, or other use. Page 183 of 260 Schedule of Hourly Compensation (As of 1/1/2024)Reimbursable Expense Charges Cost Per Sheet $390/hour Standard PrintingSize (Inches)Standard Glossy Marketing Cardstock Principal Architect-Senior B & W 8.5 x 11 0.20$ 1.30$ 0.40$ 0.45$ Principal Practice Leader-Senior B & W 11 x 17 0.40$ 2.60$ 0.80$ 0.90$ $290/hour B & W 12 x 18 0.45$ 3.00$ Principal Practice Leader $265/hour Color 8.5 x 11 1.00$ 4.00$ 1.55$ 1.65$ Principal Architect Color 11 x 17 2.00$ 8.00$ 3.10$ 3.30$ Principal Project Designer Color 12 x 18 2.30$ 9.20$ 3.57$ Project Assistant Senior Technical Assistant Senior Plotted PrintingSize (inches)Standard Glossy $245/hour B & W 18 x 24 1.35$ 5.40$ Construction Services-Senior B & W 15 x 31 1.45$ 5.80$ Practice Studio Specialist-Senior B & W 22 x 34 2.35$ 9.40$ Project Architect-Senior B & W 24 x 36 2.70$ 10.80$ Project Designer-Senior B & W 30 x 42 3.95$ 15.80$ Project Manager-Senior B & W 34 x 44 4.70$ 18.80$ $190/hour B & W 36 x 48 5.40$ 21.60$ Construction Services III Interior Designer-Senior Color 18 x 24 13.50$ 18.90$ Project Architect II Color 15 x 31 14.50$ 20.30$ Project Assistant III Color 22 x 34 23.50$ 32.90$ Project Designer III Color 24 x 36 27.00$ 37.80$ Project Manager II Color 30 x 42 39.50$ 55.30$ Studio Architect II Color 34 x 44 47.00$ 65.80$ Technical Assistant III Color 36 x 48 54.00$ 75.60$ $160/hour Construction Services II Mounted Gator Board Interior Designer III 3/16" Thickness $.045/Sq. in. Project Architect Project Assistant II Mileage Current Federal Rate Project Designer II Photos At Cost plus 10% Project Manager I Postage/Shipping At Cost plus 10% Project Technician III Other reimbursables At Cost plus 10% Studio Architect I Technical Assistant II $130/hour NOTE: Interior Designer II This schedule is subject to adjustment by JLG Architects annually. Job Captain Does not include sales tax where applicable. Project Designer I Project Technician II $110/hour Construction Services I Interior Designer I Project Assistant I Project Associate I Project Associate II Project Technician I Technical Assistant I $75/hour Student Intern EXHIBIT D Page 184 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: First Amendment to Joint Powers Agreement with Dakota County for Pilot Knob Trail Preliminary Design Meeting: Regular Council - May 06 2024 INTRODUCTION: At the July 17, 2023 City Council meeting, a Professional Services Agreement (PSA) with Bolton & Menk for preliminary design for the Pilot Knob Road trail was approved. In addition, a Joint Powers Agreement (JPA) with Dakota County for this preliminary design along with the cost share was approved. DISCUSSION: Preliminary design for the Pilot Knob Road trail included a connector trail missing segment on the west side of the road south of 197th Street and a trail on the east side of the road from Highway 50 (CSAH 50) to 195th Street (CR 64). The kickoff meeting was held in late July which included reviewing existing conditions, project goals, and design criteria. Two trail layouts were presented to City and County Staff to discuss the pros and cons of each alignment to develop a final layout to present to the public at an open house. Based on the discussion and feedback, one updated layout was shared at an open house on January 30, 2024. Following the open house, City and County Staff met with Bolton & Menk to discuss the comments we heard at the open house and determine if there were any that warranted an in-depth exploration prior to beginning the feasibility report. Several comments included trail users' desire to cross Pilot Knob Road outside of the controlled intersection at CSAH 50 and the roundabout at CR 64. These trail users were crossing Pilot Knob Road at 206th Street, 203rd Street, and 197th Street. City and County Staff agreed it was important to explore crossing improvements on Pilot Knob Road. The Staff member from Dakota County on this project visited with the County’s Traffic Engineer about using the County’s pedestrian crossing analysis tool for at-grade crossings on Pilot Knob Road. Due to the speeds, multiple lanes of traffic at the intersections, and right and left turn lanes, in addition to the through lanes, the County does not have any solutions they would recommend to improve safety for crossing at grade. In addition, the traffic volumes on the side streets are too low to justify a traffic signal, currently. Thus, only a grade separated crossing in the form of a pedestrian underpass should be evaluated. The original scope of the project and JPA didn’t include a pedestrian underpass evaluation. Bolton & Menk developed a proposal to complete the pedestrian underpass evaluation, which includes evaluation of the portion of trail along Pilot Knob Road between 197th Street and 203rd Street Page 185 of 260 where existing geometry and evaluations lends itself to be the best fit for the underpass. A preliminary structural analysis will be performed on the recommended underpass layout to verify the resulting configuration can support county vehicle loads or if additional support is needed and a preliminary construction cost estimate will be developed for the underpass. The attached First Amendment to the JPA addresses the preliminary engineering of a potential grade separated pedestrian and bicycle crossing of Pilot Knob Road between 197th Street and 203rd Street. The City Attorney reviewed the First Amendment to the JPA and found it to be acceptable. BUDGET IMPACT: additional these of cost The $6,632. is underpass pedestrian the for cost The evaluation professional services Bolton & Menk will be providing to the City and County will be shared, with the City contributing $995 (15%) and the County contributing $5,637 (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 pedestrian underpass evaluation. ACTION REQUESTED: Approve the attached First Amendment to the JPA with Dakota County for the Pilot Knob Road trail preliminary design. ATTACHMENTS: First Amendment to the Joint Powers Agreement with Dakota County Page 186 of 260 1 230740v1 FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FARMINGTON AND DAKOTA COUNTY THIS FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT (“Amendment”) dated as of _______________, 2024 by and between the City of Farmington, a Minnesota municipal corporation (“City”) and the County of Dakota, a political subdivision of the State of Minnesota (“County”) (collectively, the “Parties”), both of which are parties to the Joint Powers Agreement. RECITALS WHEREAS, the Parties entered into a Joint Powers Agreement (DCA20524) dated August 24, 2023 (“Agreement”) in order 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”); WHEREAS, the Parties desire to expand the scope of the preliminary engineering to include the potential location and cost of a pedestrian and bicycle grade separated crossing on CSAH 31 between 197th Street and 203rd Street; WHEREAS, such an expansion requires a modification of the cost share formula and modification of the anticipated completion date; and WHEREAS, the Parties desire to amend the Agreement to expand the scope of the Agreement. NOW THEREFORE, the Parties agree to amend the Agreement as follows: 1.Amendment to Paragraph 3 of the Agreement. Paragraph 3 of the Agreement is amended to read as follows: 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 $115,000 identified from all parties. Per County policy F.1, Cost Participation – Roadway, the County’s share is estimated at $97,750 (85%) and the City’s share is estimated at $17,250 (15%). Dakota County Contract #DCA20524.1 Page 187 of 260 2 230740v1 2.Amendment to Paragraph 6 of the Agreement. Paragraph 6 of the Agreement is amended to read as follows: 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, 2024. 3.Incorporation. Except as provided herein, all terms and provisions of the Agreement shall remain in full force and effect. The changes indicated in this Amendment shall be incorporated into the Agreement. CITY OF FARMINGTON By Mayor, Joshua Hoyt By City Clerk, Shirley R Buecksler DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: /s/ Brian J. Wisdorf 4/26/2024 County Engineer Assistant County Attorney / Date KS 23-410-1 By: Physical Development Director COUNTY BOARD RESOLUTION: No:________ Date: _____________Date: Dakota County Contract #DCA20524.1 23-075 February 28, 2023 Page 188 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Gary Rutherford, Police Chief Department: Police Subject: Joint Powers Agreement with Dakota County regarding Opioid Settlement Funds Meeting: Regular Council - May 06 2024 INTRODUCTION: As determined by the State of Minnesota, money from the National Opioid Settlement was distributed based on a formula to all Minnesota counties as well as any municipalities with a population over 30,000. Money was allocated for cities with populations under 30,000, but it was distributed to the county the municipality lies within. DISCUSSION: Dakota County has agreed to provide National Opioid Settlement money back to Farmington in the form of grants. They are basing the total available amount on the formula originally used by the State. For the period ending December 31, 2025, the total amount being made available to Farmington is $23,201. This arrangement requires a Joint Powers Agreement, and the funds must be used in accordance with State requirements in combatting the opioid epidemic. BUDGET IMPACT: There are no additional costs anticipated by entering into this JPA. It will however, provide up to $23,201 to provide programming and services and cover other supported costs related to the opioid epidemic ACTION REQUESTED: Staff recommends that Council approve the attached Joint Powers Agreement with Dakota County. ATTACHMENTS: 2024 JPA, Dakota County and Farmington, Opioid Settlement Funds Page 189 of 260 Dakota County Contract # Dakota County Contract # __________ Page 1 of 14 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON This Joint Powers Agreement (“Agreement”) is entered into by and between the County of Dakota, a political subdivision of the State of Minnesota, by and through its Department of Public Health, and the City of Farmington (“Contractor”), 430 Third Street, Farmington, Minnesota 55024, by and through their respective governing bodies. RECITALS WHEREAS, the County and the Contractor are governmental units as that term is defined in Minn. Stat. §471.59; WHEREAS, under Minn. Stat. §471.59, subd.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; WHEREAS, the County has received funds from the National Opioid Settlement; WHEREAS, the County is permitted to make grants of Opioid Settlement Funds to recipients who spend the funds in compliance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA); and WHEREAS, the County is providing Contractor with Opioid Settlement Funds described herein based the grant expenditure requirements outlined in Exhibit 2, Service Grid. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the County and Contractor hereby agree as follows: 1. Effective Date. This Agreement shall be effective as of the later date of signature by the parties through December 31, 2025. 2. Purpose. The purpose of this Agreement is to provide Opioid Settlement Funds from the County to the Contractor. Such funds shall be used by the Contractor solely for the purposes described in Exhibit 2, Service Grid. 3. Contractor’s obligations under Opioid Settlement Agreements. The grant funds provided to Contractor under this agreement are subject to the terms and conditions contained in both the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement document (“MOA”), which can be found at: https://www.ag.state.mn.us/opioids/docs/MN_MoA.pdf, and the Reporting and Compliance Addendum document, which can be found at: https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf (“Addendum to MOA”). Contractor agrees to comply with all terms and conditions that are applicable to Participating Local Governments, recipients and grantees under such MOA and Addendum. In accordance with Part III., Section D of the MOA, Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. Page 190 of 260 Dakota County Contract # Dakota County Contract # __________ Page 2 of 14 Under the Addendum to MOA, Part I. Section f, a Participating Local Government that receives Opioid Settlement Funds and grants those funds to subrecipients or grantees, including to other Local Governments, is responsible for monitoring and tracking the distribution and use of those funds to satisfy the entity’s reporting obligations. Contractor therefore must comply with such monitoring and tracking requirements for the funds it receives under this Agreement. Pursuant to the Addendum to MOA Part II, Section b, all grantees and subrecipients must comply with Minnesota Statutes section 16C.05, subdivision 5. Subrecipients and grantees must also comply with the Minnesota Government Data Practices Act, as provided by Minnesota Statutes section 13.05, subdivision 11.” Under Section C, all Participating Local Governments must maintain, for a period of at least six years, records of Opioid Settlement Fund expenditures and documents underlying those expenditures. 4. County Obligations. The County agrees to reimburse the Contractor in an amount not to exceed $23,201 for costs incurred in performing services fulfilling the Purpose described above from the Effective Date through December 31, 2025. 5. Reimbursement and Reporting. After this Agreement has been executed by both parties, the Contractor may claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement. The County will reimburse the Contractor within 45 calendar days of the Contractor’s submission of invoices to the County. Invoices must be submitted using the form in Exhibit 3. All requests for reimbursement must be submitted as outlined in Exhibit 2, Service Grid. The Contractor must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA), which states the following in part: 1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. 6. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications only to the extent authorized by a specific resolution of the party’s governing board. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement. The County's Authorized Representative is: Marti Fischbach, Community Services Director Telephone: 651-554-5742 Email: Marti.Fischbach@co.dakota.mn.us Page 191 of 260 Dakota County Contract # Dakota County Contract # __________ Page 3 of 14 Liz Oberding has the responsibility to monitor the Contractor’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. The Contractor’s Authorized Representative is: Gary Rutherford, Police Chief 19500 Municipal Dr Farmington, MN 55024 651-280-6700 GRutherford@FarmingtonMN.gov The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated liaison under this Agreement, without necessitating an amendment of this Agreement. 7. Assignment. The Contractor may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the Contractor. 8. Use of Subcontractors. Contractor shall not engage subcontractors under this Agreement without an amendment to this Agreement. It is Contractor’s responsibility to make sure all subcontractors are subject to the provisions of this Agreement that are applicable to Contractor. 9. Indemnification. Parties agree to indemnify, defend and hold harmless the other, its officers, agents and employees against any and all liability, loss, costs, damages, claims or actions its officers, agents or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officers, agents, or employees, in the execution, performance or failure to adequately perform its obligations pursuant to this Agreement. Nothing herein shall be construed as a waiver by County or Contractor of any of the immunities or limitations of liability to which they may be entitled pursuant to Minn. Stat. Ch. 466 or any other statute or law. 10. Insurance Terms. In order to protect itself and to protect the County under the indemnity provisions set forth above, Contractor shall, at its expense, procure and maintain policies of insurance covering the term of this Agreement. All retentions and deductibles under such policies shall be paid by the Contractor. 11. Audit. The Contractor shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the Contractor shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The Contractor shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all of such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 12. Data Practices. The Contractor agrees with respect to any data that it possesses regarding the Agreement to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be amended from time to time. Page 192 of 260 Dakota County Contract # Dakota County Contract # __________ Page 4 of 14 13. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the Contractor, nor shall the County be considered or deemed to be an agent, representative or employee of the Contractor in the performance of this Agreement. Personnel of the Contractor or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. 14. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 15. Compliance with Law. The Contractor agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations, and further agrees to comply with Exhibit 1, Standard Assurances. The Contractor is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 16. Default and Remedies. (a) Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the Contractor fails to fully comply with any material provision, term, or condition contained in this Agreement. (b) Notice of Event of Default and Opportunity to Cure. Upon the County's giving the Contractor written notice of an event of default, the Contractor shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the Contractor is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the Contractor shall propose in writing the actions that the Contractor proposes to take and the schedule required to cure the event of default. (c) Remedies. Upon the Contractor’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: (1) The County may refrain from disbursing the settlement monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. (2) The County may enforce any additional remedies it may have in law or equity. (3) The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the Contractor. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination Page 193 of 260 Dakota County Contract # Dakota County Contract # __________ Page 5 of 14 shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. For purposes of termination and default, all days are calendar days. 17. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, Federal or other sources are not appropriated, obtained and continued at least the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 18. Exhibits. The following exhibits are attached to and incorporated within this Joint Powers Agreement. Exhibit 1: Standard Assurances; Exhibit 2: Service Grid; Exhibit 3: Invoice Form. 21. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. 22. Complete Agreement. This Agreement and Exhibits contain all negotiations and agreements between the County and the Contractor. Any amendment to this Agreement must be in writing and executed by the County and the Contractor. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. In the event of a conflict between the terms of any Exhibit and the body of this Agreement, this Agreement shall control. The remainder of this page is intentionally left blank. The signature blocks appear on the following page. Page 194 of 260 Dakota County Contract # Dakota County Contract # __________ Page 6 of 14 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date By: Title: Dakota County Contract Dakota County BR 22- Date: CITY OF FARMINGTON, MINNESOTA, CONTRACTOR By: Title: Joshua Hoyt, Mayor Date: May 6, 2024 By: Title: Shirley R Buecksler, City Clerk Date: May 6, 2024 Page 195 of 260 Dakota County Contract # Dakota County Contract # __________ Page 7 of 14 EXHIBIT 1 STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because the person is a member of a protected class under, and as defined by, federal law or Minnesota state law including, but not limited to, race, color, creed, religion, sex, gender, gender identity, pregnancy, national origin, disability, sexual orientation, age, familial status, marital status, veteran’s status, or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, veteran’s status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq. which prohibits discrimination in employment because of race, color, religion, sex, or national origin. B. Equal Employment Opportunity-Executive Order No.11246, 30 FR 12319, signed September 24, 1965, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex, or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally funded services or employment. D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. G. Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies, or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition, or privilege of employment. I. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and including 45 CFR Part 80, prohibits recipients, including their contractors and subcontractors, of federal financial assistance from discriminating on the basis of race, color or national origin which includes not discriminating against those persons with limited English proficiency. J. The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq which prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. K. Equal Protection of the Laws for Faith-based and Community Organizations-Executive Order No. 13279, signed December 12, 2002 and as amended May 3, 2018 . Prohibits discrimination against grant seeking organizations on the basis of religion in the administration or distribution of federal financial assistance under social service programs, including grants and loans. L. Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, with regulations at 41 C.F.R. Part 60-250, which prohibits discrimination in employment against protected veterans. Page 196 of 260 Dakota County Contract # Dakota County Contract # __________ Page 8 of 14 2. DATA PRIVACY. For purposes of this Contract, all data created, collected, received, stored, used, maintained, or disseminated by Contractor in the performance of this Contract are subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (“MGDPA”) and the Minnesota Rules implementing the MGDPA. Contractor must comply with the MGDPA as if it were a governmental entity. The remedies in Minn. Stat. § 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to a data requestor if the public data are available from the County, except as required by the terms of this Contract. If Contractor is a subrecipient of federal grant funds under this Contract, it will comply with the federal requirements for the safeguarding of protected personally identifiable information (“Protected PII”) as required in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, and the County Protected PII procedures, which are available upon request. Additionally, Contractor must comply with any other applicable laws on data privacy. All subcontracts shall contain the same or similar data practices compliance requirements. 3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription, and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state, and local occupational safety and health standards, regulations, and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 5. PROHIBITED TELLECOMMUNICATIONS EQUIPMENT/SERVICES. If Contractor is a subrecipient of federal grant funds under this Contract, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018) (the “Act”), and 2 CFR § 200.216, Contractor will not use funding covered by this Contract to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any agreement related to this Contract. 6. CONTRACTOR GOOD STANDING. If Contractor is not an individual, Contractor must be registered to do business in Minnesota with the Office of the Minnesota Secretary of State and shall maintain an active/in good standing status with the Office of the Minnesota Secretary of State and shall notify County of any changes in status within five calendar days of such change. Business entities formed under the laws of a jurisdiction other than Minnesota must maintain a certificate of authority (foreign corporations, limited liability companies, limited partnerships, and limited liability limited partnerships), or a statement of foreign qualification (foreign limited liability partnerships), or a statement of partnership authority (general partnerships). See Minn. Stat. §§ 303.03 (corporations); 322C.0802 (limited liability companies); 32 1.0902 and 321.0907 (foreign limited partnership); 321.0102(7) (foreign limited liability limited partnerships); 323A.1102(a) (foreign limited liability partnership); 321.0902 and 321.0907 (foreign general partnerships). 7. CONTRACTOR DEBARMENT, SUSPENSION, AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. § 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. Page 197 of 260 Dakota County Contract # Dakota County Contract # __________ Page 9 of 14 By signing this Contract, the Contractor certifies that it and its principals* and employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state, or local governmental department or agency; and B. Have not within a three (3) year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction; 2) violating any federal or state antitrust statut es; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above; and E. Shall immediately give written notice to the Authorized Representative should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing a public (federal, state, or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. *“Principals” for the purposes of this certification means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions). 8. HEALTH DATA PRIVACY. When applicable to the Contractor’s duties under this Contract, the Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), Minnesota Health Records Act, and any other applicable health data laws, rules, standards, and requirements in effect during the term of this Contract. 9. APPEALS. The Contractor shall assist the County in complying with the provisions of Minn. Stat. § 256.045, Administrative and Judicial Review of Human Services Matters, if applicable. 10. REPORTING. Contractor shall comply with the provisions of the "Child Abuse Reporting Act", Minn. Stat. § 626.556, as amended, and the "Vulnerable Adult Reporting Act", Minn. Stat. § 626.557, as amended, and any rules promulgated by the Minnesota Department of Human Services, implementing such Acts. 11. PSYCHOTHERAPISTS. Contractor has and shall continue to comply with the provisions of Minn. Stat. Ch. 604, as amended, with regard to any currently or formerly employed psychotherapists and/or applicants for psychotherapist positions. 12. EXCLUDED MEDICAL ASSISTANCE PROVIDERS. By signing this contract, Provider certifies that it is not excluded. 42 U.S.C. § 1397 et seq. (subch. XX) of the Social Security Act. 13. MDHS THIRD-PARTY BENEFICIARY. The following applies to contracts related to adult mental health services; see Minn. Stat. § 245.466, subd. 2. Contractor acknowledges and agrees that the Minnesota Department of Human Services is a third-party beneficiary and as a third-party beneficiary, is an affected party under this Contract. Contractor specifically acknowledges and agrees that the Minnesota Department of Human Services has standing to and may take any appropriate administrative action or sue Contractor for any appropriate relief in law or equity, including, but not limited to, rescission, damages, or specific performance of all or any part of the Contract between the County Board and Contractor. Contractor specifically acknowledges that the County Board and the Minnesota Department of Human Services are entitled to and may recover from Contractor reasonable attorneys' fees and costs and disbursements associated with any action taken under this paragraph that is successfully maintained. This provision shall not be construed to limit the rights of any party to the Contract or any other third Page 198 of 260 Dakota County Contract # Dakota County Contract # P a g e | 10 of party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity. (Minn. Stat. § 245.466, subd. 3; Minn. R. 9525.1870, subp. 2). Attycv/Exh SA (Rev. 1-23) Directions for Online Access to Excluded Providers To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General (OIG) website at https://oig.hhs.gov/exclusions/exclusions_list.asp Page 199 of 260 Dakota County Contract # Dakota County Contract # P a g e | 11 of EXHIBIT 2 – Service Grid Purpose On October 3, 2023, County held a board workshop to discuss next steps related to the opioid response. As a part of that meeting, Public Health requested the provision of Opioid Settlement funding to cities in Dakota County with populations between 10,000 and 30,000, which includes Contractor, to support eligible activities in accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement funded through the National Opioid Settlement Funds. Goal Provide Contractor with access to opioid settlement funds Service Expectations • Contractor may only use these funds in accordance with the Amended Minnesota Opioids State-Subdivision Memorandum Of Agreement and Minnesota Opioids State-Subdivision Memorandum of Agreement Reporting and Compliance Addendum found at the following links: o https://www.ag.state.mn.us/opioids/docs/MN_MoA.pdf o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf Process Measures In accordance with the Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA), the process for drawing from special revenue funds is as follows. 1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the County or Contractor intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. In accordance with Part III., Section D of the MOA, grant making is considered allowable such that participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. Furthermore, under the Minnesota Opioids State-Subdivision Memorandum of Agreement Reporting and Compliance Addendum under Part I. Section F. “any Participating Local Government that directly receives Opioid Settlement Funds and grants those funds to subrecipients or grantees, including other Local Governments, is responsible for monitoring and tracking the distribution and use of those funds to satisfy the entity’s reporting obligations.” All grantees will further be “subject to audit and Data Practices Act. All contracts and pass -through disbursements of Opioid Settlement Funds to subrecipients or grantees must comply with Minnesota Statutes section 16C.05, subdivision 5. Subrecipients or grantees must comply with the Minnesota G overnment Data Practices Act, as provided by Minnesota Statutes section 13.05, subdivision 11.” Given these allowances, Contractor will be required to adhere to the process for drawing from special revenue funds, as outlined in the Part III, Section C of the MOA, which states City Council resolution is required for authorization of expenditures of Opioid Settlement funds. Page 200 of 260 Dakota County Contract # Dakota County Contract # P a g e | 12 of Outcome Measures • Contractor must abide by the measures outlined in the Minnesota Opioids State-Subdivision Memorandum Of Agreement Reporting And Compliance Addendum o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf Reporting • Contractor must abide by the measures outlined in the Minnesota Opioids State-Subdivision Memorandum Of Agreement Reporting And Compliance Addendum o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf • Reporting is based on expenditures made during the calendar year (January -December) and shall be due from cities no later than Feb. 15 of the following year. • Reporting is required in accordance to the DHS reporting addendum Appendix A o https://www.ag.state.mn.us/opioids/docs/MN_MOA_ReportingAddendum.pdf (found on last page) County Responsibilities • County will be responsible for submitting required reporting to DHS by March 31, annually. • Facilitate opportunities for Public Health staff to provide feedback on related strategies and work related to the expenditure of Opioid Settlement Funds • Collaboratively plan strategy and logistics for successful expenditure of Opioid Settlement Funds • Process invoices for the reimbursement of the use of funds Billing Procedures • County will be responsible for the processing of reimbursements for the use of funds • Invoice provided as Exhibit 3, shall be submitted to PHInvoices@co.dakota.mn.us via email. Include the specific city council resolution approving the expenditure for opioid settlement funds to this invoice The resolution must: (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time • The County shall make payment to Contractor within forty -five (45) days of the date on which the invoice is received, and services are accepted by the County. • If the invoice is incorrect, defective, or otherwise improper, the County will notify Contractor within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, the County will make payment within forty-five (45) days. Inclusion, Diversity & Equity The County embraces and supports person-centered practices and expects contractors to do the same. Person-centered practices are structured in a way to support a client’s comfort and ability to express choice, control, and direction in all aspects of service delivery and support. While the nature of some services and service deliveries is such that it must account for factors beyond the client’s choice, control and direction, including, but not limited to, the terms of this Contract, court orders, the safety of the client and others, and governing law, the County values consideration of the client’s perspective, knowing that services are more efficient and effective when aligned with client choice. Page 201 of 260 Dakota County Contract # Dakota County Contract # P a g e | 13 of [For more information, refer to Person-Centered, Informed Choice and Transition Protocol, Minnesota Department of Human Services, issued 3/27/17 and updates.] The County further recognizes that pervasive racism, discrimination and other institutional and community biases, as well as harm from historical trauma, are experienced by cultural communities and that this may contribute to overrepresentation of cultural communities in some County services. Appropriate service delivery often requires open discussion considering the real -life experiences of the people served, paying attention to the impact of pervasive racism and bias. At the referral level, it means inquiring with families about how to integrate their family or individual culture into service delivery. At the service level, it includes attention to outcomes for families receiving services in order to assess whether effectiveness differs in cultural communities and responding to any differences. It is expected that while performing services for the County, the Contractor shall abstain from unacceptable behaviors including, but not limited to: • Racial, ethnic or discriminatory jokes or slurs; • Hostile, condemning, or demeaning communications, both verbal and written; • Behavior demonstrating disrespect, dishonesty, intimidation, or disruption to the work relationship; and • Retaliation against any person who reports or addresses unacceptable behavior. It is the responsibility of the Contractor to ensure staff delivering services for the County are aware of these expectations and trained as needed to ensure respectful, cooperative and professional conduct in interactions with County staff and clients. If the County experiences or receives a report of an unacceptable behavior, it will share the report with Contractor. The Contractor must inform the County of steps taken to remedy the unacceptable behavior within ten (10) working days. If the unacceptable behavior persists, the County may terminate the Contract pursuant to the termination provision in the Contract. Page 202 of 260 Dakota County Contract # Dakota County Contract # P a g e | 14 of Exhibit 3 - Invoice Form Invoice #: Invoice Date: Contract #: Project Name: Opioid Settlement Funds Remit to: City of Attn: Email: Phone: Bill to: Dakota County through its Public Health Department Attn: PH Invoices Email: PHInvoices@co.dakota.mn.us Phone: 651-554-6000 Instructions: 1. Attach the specific city council resolution approving the expenditure for opioid settlement funds to this invoice The resolution must: (iii) indicate that it is an authorization for expenditures of opioid settlement funds; (iv) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. 2. Note the letter and/or number from Exhibit A of the MOA in the table below Strategy in accordance to Exhibit A of the MOA (List of Opioid Remediation Uses) Detailed description of goods or services purchase Total Price Ex: Section F, Number 5.1 Invoices and receipts must be emailed to PHInvoices@co.dakota.mn.us Page 203 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Advanced Engineering and Environmental Services (AE2S) for the Water Service Line Inventory Project Meeting: Regular Council - May 06 2024 INTRODUCTION: The U.S. Environmental Protection Agency has new regulations pertaining to water service pipes that contain lead and copper. The Lead and Copper Rule Revisions (LCRR) require community public water systems to complete an inventory of the service lines in their system and report that information. The material inventory includes the entire service line, from the main to curb stop (service valve), and from the curb stop to the water meter. The inventory must be completed by October 16, 2024. However, the Minnesota Department of Health (MDH) has requested the information be submitted by mid-August. The advanced deadline is requested by MDH such that they have time to review the inventories and get them published on the "Lead Inventory Tracking Tool" developed by the University of Minnesota. Some of this work can be, and has been, completed by City Staff, but outside assistance is needed. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Advanced Engineering and Environmental Services (AE2S) is one of the firms in the consultant pool, has expertise in this area, and has prepared the attached scope and budget based on meetings and discussions with City Staff regarding our inventory needs. The scope includes the following major tasks:  Project Management  GIS Service Line Inventory Solution Assistance  Develop and Review Customer Survey and the Responses Received from Customers  Collect Field Information – Service Line Validation Methodologies  Develop Customer Information / Educational Pieces  University of Minnesota Inventory Submission Public Works plans to track this data via GIS; AE2S is already familiar with our water base map and has provided similar support to many other communities. BUDGET IMPACT: Work under this contract will be billed hourly for a cost not to exceed $54,230. The project will be funded via the Water Fund. Page 204 of 260 ACTION REQUESTED: Approve a Professional Services Agreement with Advanced Engineering and Environmental Services (AE2S) for the Water Service Line Inventory Project. ATTACHMENTS: AE2S Service Line Inventory PSA 050624 Page 205 of 260 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 6th day of May, 2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Advanced Engineering and Environmental Services LLC (AE2S), a North Dakota Limited Liability Company, whose business address is 6901 East Fish Lake Rd, Suite 184, Maple Grove, MN 55369 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Justin Klabo, Operations Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $54,230 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 Page 206 of 260 224345v1 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 October 16, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 207 of 260 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000 per claim and aggregate. Said policy need not name the City as an additional insured. Page 208 of 260 224345v1 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 and Automobile Policy, shall apply on a “per project aggregate” 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 Professional Liability Policy and Automobile 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 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 Page 209 of 260 224345v1 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 Article 8, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall Page 210 of 260 224345v1 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. 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 Page 211 of 260 224345v1 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. 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. Page 212 of 260 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: May 6, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES LLC By: _____________________________ [print name] Its __________________________ [title] May 1 24 Justin Klabo Operations Manager Page 213 of 260 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 214 of 260 April 30, 2024 City of Farmington Mr. John Powell, P.E. Public Works Director/City Engineer 430 Third St. Farmington, MN 55024 Re: Exhibit A - Scope of Work Service Line Inventory Project Dear Mr. Powell: Advanced Engineering and Environmental Services, LLC (AE2S) proposes to render professional engineering services (Assignment) to City of Farmington (CLIENT) pursuant to the Engineering Consulting Agreement between the City of Farmington and AE2S dated March 6, 2023. Scope of Basic Services The service line inventory project will be completed with the following tasks. Task 1 Project Management. • Project coordination and administration. o Includes work necessary for communicating and completing the project tasks on time and within budget. o Prepare invoices. o Update the city staff on the status of the project schedule, budget, and general status / progress of the project. Task 2 GIS Service Line Inventory Solution Assistance • Assist City staff with the deployment of the ESRI Service Line Inventory (SLI) Solution • Provide support to city staff in implementing and updating data in the SLI Solution from: o Historical records review. o Data collected from field operations. o Customer surveys. Task 3 Develop and Review Customer Survey and the Responses Received from Customers • Develop and deploy customer survey to possible lead service line sites. • Answer questions from phone calls received from survey respondents.  • Collect and review customer survey responses.  Page 215 of 260 City of Farmington Exhibit A – Scope of Work Page 2 of 4 • Update preliminary service line inventory via GIS.  • Create GIS map with existing known and unknown service line material.  Task 4 Collect Field Information – Service Line Validation Methodologies • Help identify best practice(s) to review and identify unknown or incomplete service line information.  • Assist in developing and implementing a field inventory program.  • Recommend and facilitate confirmation spot checks. • Assist the City with field verification – door to door. Task 5 Develop Customer Information / Educational Pieces • Coordinate public outreach efforts for identifying / surveying private service line material type as needed to complete the inventory efforts.  o Provide options to the City for public outreach and messaging of the City’s lead service line inventory efforts (i.e. website, online survey.    o Coordinate mailings and / or billing inserts to water customers to notify them of the City’s inventory process.  • Assist staff with public outreach through the City’s website and social media streams.  Task 6 University of Minnesota Inventory Submission • Assist city staff with preparing data for submission to U of M by August 15,2024 • Summarize data for City staff.  Under Task 3, it is anticipated that AE2S staff will respond to inquiries from Farmington customers generated from the electronic surveys used to identify the type of service line material in their home. Because it is difficult to predict the magnitude of questions / responses required for this task, AE2S has budgeted $3,300 for this effort. If based on customer responses, additional time will be required for this effort, AE2S will request an amendment to the contract for this extra effort. If the customer requires a site visit, Farmington staff are anticipated to fulfill this request. Based on recent information received from the Minnesota Department of Health (MDH), the inventory will need to be completed and submitted by August 15, 2024. The early deadline as instituted by MDH is put in place so they have time to review the inventory and get it published on the Lead Inventory Tracking Tool as developed by the University of Minnesota. AE2S expects to meet the revised deadline of the middle of August 2024 for the City of Farmington. Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Scope of Work on an hourly basis in accordance with the current Hourly Fee Schedule on file with the Client. Page 216 of 260 City of Farmington Exhibit A – Scope of Work Page 3 of 4 CLIENT’S Responsibilities CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S: 1. Designate a person to act as CLIENT’s representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CLIENT’s policies and decisions with respect to services for the Assignment. 2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to use and rely upon all information provided by CLIENT or others in performing AE2S’s services under this Agreement. 3. Provide access to the relevant site sufficient for AE2S to perform its services under this Agreement. 4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section. Fees AE2S shall render services under this Agreement on an hourly basis in accordance with our Hourly Fee Schedule and not to exceed basis. A summary of the estimated costs for the scope of services is as follows: Service Line Inventory Project Task 1: Project Management $7,788 Task 2: GIS Service Line Inventory Solution Assistance $6,488 Task 3: Develop and Review Customer Survey and Responses Received from Customers $10,018 Task 4: Collect Field Information – Service Line Validation Methodologies $20,800 Task 5 – Develop Customer Information / Educational Pieces $4,474 Task 6 - University of Minnesota Inventory Submittal $3,698 Project Expenses $750 Total $54,230 Page 217 of 260 City of Farmington Exhibit A – Scope of Work Page 4 of 4 Performance Schedule AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. Acceptance If this Scope of Work sets forth your understanding of our agreement, including the desired fees, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, Tim Stefanich Project Manager Page 218 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Establish Public Hearing Date to Consider Proposed Tax Abatement and Five- Year Street Reconstruction Plan Meeting: Regular Council - May 06 2024 INTRODUCTION: As part of the process to issue General Obligation Tax Abatement Bonds, a tax abatement must be established, Street Obligation General issue to addition, held. hearing public a and In Reconstruction Bonds, the City must have a Five-Year Street Reconstruction Plan approved by the City Council after holding a public hearing. DISCUSSION: In 2023, City Staff began working with JLG Architects to develop a facility master plan to renovate the Rambling River Center over the next few years. Earlier this year, the City Council directed Staff to explore the possibility of completing all renovations, along with needed repairs identified in a recent facility condition assessment, as a single-phase project. While the City has secured a $750,000 grant and some donations to make improvements, there is a portion of the project that is unfunded. To complete the project in one phase, Staff are recommending the issuance of General Obligation Tax Abatement Bonds to finance the unfunded portion. Tax abatement is the ability to capture and use all or a portion of the property tax revenues within a defined geographic area. The name “tax abatement” is misleading. The enabling statute does not authorize the actual abatement of taxes. Instead, the City has authority to certify a property tax, an abatement levy, that is equivalent to taxes that could otherwise be abated. The statute requires a finding that the use of tax abatement is in the public interest. Providing improvements to the senior center is an allowable use of tax abatement authority. To finance the improvements through the issuance of General Obligation Tax Abatement Bonds (the “Bonds”), the City must publish a notice in the newspaper and hold a public hearing. Following the hearing, the City Council may consider adoption of a resolution approving the tax abatement and the issuance of the Bonds. The maximum term of the tax abatement and the Bonds will not exceed 15 years. Specific parcels to be included in the tax abatement have been identified by the City (the “Abatement Area”) and are shown in the attached map. Also identified on the map are parcels that have previously been designated for tax abatement with the issuance of 2022 bonds and current and potential tax increment financing (TIF) districts. Parcels in a TIF district cannot be used for tax abatement. The total amount of the annual taxes to be abated by the City on the parcels within the Abatement Page 219 of 260 Area must at a minimum be equal to the principal amount of the Bonds. The City may certify a debt service levy to pay interest on the Bonds. It is important to note that that the abatement levy, if certified for collection, will be spread over the City’s entire general tax base (net tax capacity) the same as the general fund levy. The tax rate for property within the Abatement Area will be the same as property outside of the Abatement Area. There is no difference between the tax statements (or City taxes payable) for property within the Abatement Area compared to other property within the city. In addition to improvements at the Rambling River Center, Staff are also recommending bonds be issued to partially fund street reconstruction projects over the next five years. The proposed funding for the projects will be the issuance of General Obligation Street Reconstruction Bonds and contributions from the water, sewer, and storm sewer funds. The City is required to hold a public hearing on the proposed Five-Year Street Reconstruction Plan and the related issuance of the bonds. The notice must be published at least ten days but not more than 28 days prior to the hearing date. In addition, the issuance of the bonds is subject to a reverse referendum. An election is required if voters equal to 5% of the votes cast in the last Municipal General Election file a petition with the City Clerk within 30 days of the public hearing. Staff are requesting that the City Council set June 3, 2024, as the public hearing date to consider the adoption of the tax abatement and the adoption of the Five-Year Street Reconstruction Plan. BUDGET IMPACT: As bond sales are approved each year and until the bonds are fully repaid, the City Council will be required to levy 105% of the scheduled principal and interest due on the bonds the following year. ACTION REQUESTED: Adopt Resolution 2024-37 Calling for Public Hearings on the Approval of a Proposed Tax Abatement by the City on Certain Property Located Within the City and a Proposal to Adopt the City's Five-Year Street Reconstruction Plan and Issue Bonds Therefor. ATTACHMENTS: Resolution 2024-37 calling PH on Abatement and SRP-v3 GIS Map - Tax Abatement Parcels & TIF Districts Identified Draft Farmington Street Reconstruction Plan Farmington GO 2024A 041524 REFERENCE Northland Securities - Tax Abatement Bonds REFERENCE Northland Securities - Street Reconstruction Bonds Page 220 of 260 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-37 A RESOLUTION CALLING FOR PUBLIC HEARINGS ON THE APPROVAL OF A PROPOSED TAX ABATEMENT BY THE CITY ON CERTAIN PROPERTY LOCATED WITHIN THE CITY AND A PROPOSAL TO ADOPT THE CITY’S FIVE-YEAR STREET RECONSTRUCTION PLAN AND ISSUE BONDS THEREFOR BE IT RESOLVED by the City Council (“Council”), City of Farmington, Minnesota (“City”), as follows: SECTION 1. ABATEMENT ACT RECITALS. 1.01. The City, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815, as amended (“Abatement Act”), is authorized to grant an abatement of the property taxes imposed by the City on parcels of property located within the City, if certain conditions are met, through the adoption of a resolution, specifying the terms of the abatement. 1.02. To finance certain improvements to the Rambling River Center (“Improvements”), the City is proposing to abate the property taxes imposed by the City with respect to the parcels of property which are described in the Notice attached as Exhibit A hereto (“Property”). 1.03. Pursuant to the Abatement Act, this Council may approve the abatement only after holding a public hearing on the abatement. SECTION 2. STREET RECONSTRUCTION PLAN RECITALS. 2.01. The City, pursuant to Minnesota Statutes, Section 475.58, subdivision 3b (“Street Reconstruction Act”), is authorized to prepare a plan for street reconstruction in the City for a five year period that will be financed under the Street Reconstruction Act and issue obligations to finance street reconstruction projects. 2.03. There is a proposal to adopt the City’s Five Year Street Reconstruction Plan for the period of March 1, 2024 to March 1, 2029 (“Street Reconstruction Plan”), and issue obligations to finance the projects described in the Street Reconstruction Plan, pursuant to the Street Reconstruction Act. 2.04. Pursuant to the Street Reconstruction Act, this Council may approve the Street Reconstruction Plan and issue obligations to finance the projects described in the Street Reconstruction Plan only after holding a public hearing therefor. Section 3. Public Hearings. Separate public hearings on (i) the proposed abatement of property taxes imposed by the City with respect to the Property and (ii) on the proposal to adopt the Street Reconstruction Plan and issue street reconstruction bonds are hereby called and shall be held at the Farmington City Hall on June 3, 2024, at approximately 7:00 p.m. Page 221 of 260 -2- SECTION 4. NOTICE. The City Finance Director is hereby authorized and directed to cause notice of said hearings in substantially the form attached hereto as Exhibit A to be published in the official newspaper of the City at least once not fewer than ten (10) nor more than twenty-eight (28) days prior to the date fixed for the public hearing. Adopted by the City Council of the City of Farmington, Minnesota, this 6th day of May 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 222 of 260 A-1 EXHIBIT A NOTICE OF PUBLIC HEARINGS ON: PROPOSED PROPERTY TAX ABATEMENTS; AND A PROPOSAL TO ADOPT THE CITY’S FIVE YEAR STREET RECONSTRUCTION PLAN AND ISSUE BONDS THEREFOR NOTICE IS HEREBY GIVEN that the City Council (“Council”) of the City of Farmington, Minnesota (“City”), will hold separate public hearings of the City Council at City Hall, 430 3rd Street, Farmington, Minnesota, beginning at 7:00 p.m., on June 3, 2024, on: (i) The proposal that the City abate property taxes levied by the City on property with the parcel identification numbers listed in Schedule A hereto. The total amount of the taxes proposed to be abated by the City on the property for up to a fifteen (15)-year period is estimated to be approximately $1,815,000. The Council will consider the property tax abatement in connection with financing certain improvements to the Rambling River Center (“Improvements”); and (2) A proposal that the Council adopt the City’s Five Year Street Reconstruction Plan for the period of March 1, 2024 through March 1, 2029 (“Street Reconstruction Plan”) and to issue its general obligation bonds in the amount of approximately $1,545,000 to finance projects described in the Street Reconstruction Plan. All interested persons may attend the hearing in person on June 3, 2024, to present their view. The public hearing will be broadcast live on the City of Farmington’s YouTube page. /s/ Kim Sommerland, Finance Director Page 223 of 260 A-2 SCHEDULE A List of Properties to be Abated 14-15700-05-100 14-15700-05-215 14-15700-05-357 14-82901-01-080 14-15700-05-101 14-15700-05-250 14-15700-05-358 14-82901-02-010 14-15700-05-102 14-15700-05-251 14-15700-05-360 14-82901-02-030 14-15700-05-103 14-15700-05-252 14-15700-05-361 14-82901-02-070 14-15700-05-104 14-15700-05-253 14-15700-05-362 14-82901-02-080 14-15700-05-108 14-15700-05-254 14-15700-05-363 14-15700-05-110 14-15700-05-255 14-15700-05-364 14-15700-05-111 14-15700-05-256 14-15700-05-365 14-15700-05-112 14-15700-05-258 14-82900-02-010 14-15700-05-113 14-15700-05-260 14-82900-03-010 14-15700-05-114 14-15700-05-261 14-82900-03-040 14-15700-05-115 14-15700-05-262 14-82900-03-050 14-15700-05-150 14-15700-05-263 14-82900-04-010 14-15700-05-151 14-15700-05-264 14-82900-04-020 14-15700-05-152 14-15700-05-265 14-82900-04-030 14-15700-05-153 14-15700-05-300 14-82900-04-040 14-15700-05-154 14-15700-05-301 14-82900-04-050 14-15700-05-155 14-15700-05-302 14-82900-04-100 14-15700-05-158 14-15700-05-303 14-82900-04-110 14-15700-05-160 14-15700-05-304 14-82900-04-120 14-15700-05-161 14-15700-05-305 14-82900-04-130 14-15700-05-162 14-15700-05-306 14-82900-04-140 14-15700-05-164 14-15700-05-307 14-82900-04-190 14-15700-05-165 14-15700-05-308 14-82900-04-200 14-15700-05-200 14-15700-05-310 14-82900-04-210 14-15700-05-201 14-15700-05-311 14-82900-04-220 14-15700-05-202 14-15700-05-312 14-82900-04-230 14-15700-05-203 14-15700-05-313 14-82900-04-240 14-15700-05-204 14-15700-05-314 14-82900-04-250 14-15700-05-205 14-15700-05-315 14-82900-04-260 14-15700-05-206 14-15700-05-350 14-82900-04-270 14-15700-05-208 14-15700-05-351 14-82900-04-280 14-15700-05-210 14-15700-05-352 14-82901-01-010 14-15700-05-211 14-15700-05-353 14-82901-01-020 14-15700-05-212 14-15700-05-354 14-82901-01-030 14-15700-05-213 14-15700-05-355 14-82901-01-060 14-15700-05-214 14-15700-05-356 14-82901-01-070 Page 224 of 260 CR 3 1 Pi l o t K n o b R d A K I N R D N CSAH 50 CR 64 - 195TH ST Fl a g s t a f f A v e T. H . 3 Si x t h S t Fo u r t h S t Se c o n d S t Th i r d S t Se v e n t h S t Ea t o n A v e Tw e l f t h S t Th i r t e e n t h S t Walnut St Fi r s t S t Spruce St E m b e r s A v e Di a m o n d P a t h 189th S t W 198th St W 20 0 t h S t W 187th St W D e e r b r o o k e Path Upper 18 2nd St W Fi f t h S t D u n b u r y A v e E u c li d P a t h 213th St W 180th St W Everest Path 190th St W 1 9 3 r d S t W El e v e n t h S t D u l u t h S t E a s t v i e w A v e ExcaliburTr Dov e r Dr EvensongA ve E m erald Tr 203rd S t W E v e r h ill A v e Erickso n P a t h Evening StarWay Future Spruce St 220th St W ±0 0.5 1 Miles Prepared By: Date: 4/17/2024 2024A Tax Abatement Bonds City of Farmington, MN Proposed/Future TIF Tax Increment Financing (TIF) Parcel 2024 Tax Abatement Parcel 2022 Tax Abatement Parcel Municipal Boundary TIF 14 TIF 15 Page 225 of 260 4867-1315-9608\1                 DRAFT      CITY OF FARMINGTON, MN  FIVE YEAR STREET RECONSTRUCTION PLAN  For Period of March 1, 2024 ‐ March 1, 2029    PLAN ADOPTED:  ___________________, 2024                            Page 226 of 260 Five Year Street Reconstruction Plan  Page 2 of 5  4867-1315-9608\1 Prepared By      City of Farmington, MN  Five Year Street Reconstruction Plan  For Period of March 1, 2024 – March 1, 2029      I. Introduction  The City of Farmington (the “City”) historically has supported street maintenance and  reconstruction activities through a combination of allocations from its annual operating  budget and, when determined necessary, the sale of General Obligation Street  Reconstruction Bonds.  Maintenance and reconstruction have included seal coating, mill  and overlay, complete reconstruction, and other such items incidental to the maintenance  of city streets.  The City finds that it does not have the resources, without bond proceeds,  for reconstructing streets as quickly as required due to increased need for major  reconstruction projects. Due to this fact, the City plans to finance a portion of its street  reconstruction activities through the issuance of General Obligation Street Reconstruction  Bonds (the “Bonds”).  II. Statutory Authority and Requirements  Minnesota Statutes, Section 475.58, Subdivision 3b (the “Act”) authorizes Minnesota cities to  adopt a Street Reconstruction Plan (the “Plan”).  The Plan covers a five‐year period and sets  forth the streets to be reconstructed, estimated costs, and authorizes the issuance of the  Bonds.  The Bonds can be used to finance the reconstruction and bituminous overlay of existing city  streets.  Eligible improvements may include turn lanes and other improvements having a  substantial public safety function, realignments, other modifications to intersect with state  and county roads, and the local share of state and county road projects.  Except in the case  of turn lanes, safety improvements, realignments, intersection modifications, and the local  share of state and county road projects, street reconstruction does not include the portion of  project cost allocable to widening a street or adding curbs and gutters where none  previously existed.  The Bonds are subject to a statutory debt limit.  The Act sets forth specific requirements for the issuance of the Bonds, which are as  follows:  Page 227 of 260 Five Year Street Reconstruction Plan  Page 3 of 5  4867-1315-9608\1  The projects financed under this authority must be described in a street reconstruction  plan, as described above.    The City must publish notice of and hold a public hearing on the proposed plan and  the related issuance of the Bonds. The notice must be published at least 10 days but  not more than 28 days prior to the hearing date.  The Plan and related issuance of the  Bonds must be approved by a vote of a two‐thirds majority of the members of the  governing body present at the meeting following a public hearing.   The issuance of the Bonds is subject to a reverse referendum.  An election is required if  voters equal to 5% of the votes cast in the last municipal general election file a petition  with the city clerk within 30 days of the public hearing.  If the City decides not to  undertake an election, it may not propose the issuance of the Bonds for the same  purpose and in the same amount for a period of 365 days from the date of receipt of  the petition. If the question of issuing the Bonds is submitted and not approved by the  voters, the provisions of section 475.58, subdivision 1a, shall apply (no resubmission  for same purpose/amount for 180 days).  III. History and Existing Street Reconstruction Bonds  The City has the following Street Reconstruction Bonds (issued under Chapter 475)  outstanding as of the date of adoption of the Plan:  IV. Net Debt Limits  Minnesota Statutes Section 475.53, Subd. 1 states that no municipality, except a school  district or a city of the first class, shall incur or be subject to a net debt in excess of three  percent of the market value of taxable property in the municipality.    The Bonds issued under the Plan are subject to the net debt limit restriction described  above.  The net debt capacity for the City at time of approval of the Plan is shown on the  following page under Statutory Debt Limit.      Bond Issues Amount Outstanding  $3,050,000 G.O. Bonds, Series 2015A   $ 1,340,000  $2,235,000 G.O. Bonds, Series 2022A  Total Outstanding Street Reconstruction Bonds  $2,055,000   $ 3,395,000    Page 228 of 260 Five Year Street Reconstruction Plan  Page 4 of 5  4867-1315-9608\1 Statutory Debt Limit1  Minnesota Statutes, Section 475.53 states that a city or county may not incur or be subject to  a net debt in excess of three percent (3%) of its estimated market value of taxable property.  Net debt is, with limited exceptions, debt paid solely from ad valorem taxes.     Computation of Legal Debt Margin as of April 2, 2024:  2022/2023 Estimated Market Value $2,997,634,400  Multiplied by 3% x                     0.03  Statutory Debt Limit $ 89,929,032  $3,050,000 G.O. Bonds, Series 2015A ( 1,340,000)  $4,540,000 G.O. Bonds, Series 2016B ( 2,405,000)  $1,105,000 G.O. Equipment Certificates of Indebtedness, Series 2020A ( 475,000)  $2,235,000 G.O. Bonds, Series 2022A ( 2,055,000)  Less outstanding debt applicable to debt limit: ($ 6,275,000)  Legal debt margin $ 83,654,032    The Plan provides for the issuance of a General Obligation Street Reconstruction Bonds in  an amount not to exceed $8,000,000.  The maximum amount of Bonds to be issued includes  estimated cost of issuances.  The maximum amount of bonds to be issued is within the  City’s legal debt margin as of the date of adoption of the Plan.  V. Proposed Street Reconstruction and Cost Estimate  The Plan is detailed in Table A.  The City reserves the right to adjust the amount of annual  spending between years and projects as long as the grand total amount included in the Plan  is not increased.  The City may use a combination of other city revenues and bond proceeds to finance the  Plan.  The total Bonds to be issued to finance project costs may be less than the amount in  the Plan but shall not exceed the maximum authorized amount.        1  Effective June 2, 1997 and pursuant to Minnesota Statutes 465.71, any lease revenue or public project revenue bond  issues/agreements of $1,000,000 or more are subject to the statutory debt limit. Lease revenue or public project  revenue bond issues/agreements less than $1,000,000 are not subject to the statutory debt limit.  Page 229 of 260 Five Year Street Reconstruction Plan  Page 5 of 5  4867-1315-9608\1   Project Amount Estimated Bonding Amount 1 March 1, 2024 through March 1, 2025 2024 Street Improvements: 3,000,000$ 1,500,000$ 6th Street - Ash Street (CSAH 74) to 200' south of Walnut Street; Maple Street - 4th Street to 6th Street; Maple Street - 6th Street to 160' east of 6th Street 3,000,000$ 1,500,000$ March 1, 2025 through March 1, 2026 2025 Street Improvements:3,000,000$ 1,500,000$ Sunnyside Drive - Ash Street (CSAH 74) to Centennial Drive; Fairview Lane - Sunnyside Drive to Park Drive; Centennial Drive - Fairview Lane to Sunnyside Drive; Centennial Court - Centennial Drive to north end; 2025 MSA Improvements (no bond proceeds): Spruce Street - Dushane Parkway to 500' west 1,000,000$ -$ Flagstaff Avenue - CSAH 50 to north city limit (study only) 200,000$ 4,200,000$ 1,500,000$ March 1, 2026 through March 1, 2027 2026 Street Improvements:3,000,000$ 1,500,000$ 2nd Street - Spruce Street to Ash Street (CSAH 74); Honeysuckle Lane - 2nd Street to Ash Street (CSAH 74) 2026 MSA Improvements (no bond proceeds):1,000,000$ -$ Willow Street - 5th Street to 8th Street 4,000,000$ 1,500,000$ March 1, 2027 through March 1, 2028 2027 Street Improvements:3,000,000$ 1,500,000$ 7th Street - Ash Street (CSAH 74) to 180' south of Walnut Street Beech Street - 6th Street to 7th Street 2027 MSA Improvements (no bond proceeds): 1st Street - Spruce Street to Ash Street (CSAH 74) 1,500,000$ 4,500,000$ 1,500,000$ March 1, 2028 through March 1, 2029 2028 Street Improvements:3,000,000$ 1,500,000$ Pine Street - 5th Street to 8th Street 6th Street - Main Street to Pine Street Linden Street - 5th Street to 7th Street 7th Street - Willow Street to Linden Street 9th Street Backage Road (study only) Carver Lane Backage Road (study only) 3,000,000$ 1,500,000$ 18,700,000$ 7,500,000$ Notes: 1. The Plan authorizes the issuance of General Obligation Street Reconstruction Bonds in the maximum amount of $8,000,000 to pay project costs including the cost of issuance of the Bonds. The actual amount of Bonds issued may be less than this amount but shall not exceed the maximum. Five Year Street Reconstruction Plan City of Farmington, MN Table A For Period of March 1, 2024 - March 1, 2029 TOTAL 2027: TOTAL 2028: TOTAL 2026: TOTAL 2025: TOTAL 2024: GRAND TOTAL: Page 230 of 260 City of Farmington, Minnesota $3,360,000 G.O. Bonds, Series 2024A (Preliminary AA+ Rates as of 4/15/24 +25 BPS) Total Issue Sources And Uses Dated 08/15/2024 | Delivered 08/15/2024 Tax Abatement Street Reconstruction Issue Summary Sources Of Funds Par Amount of Bonds $1,815,000.00 $1,545,000.00 $3,360,000.00 Total Sources $1,815,000.00 $1,545,000.00 $3,360,000.00 Uses Of Funds Deposit to Project Construction Fund 1,758,000.00 1,500,000.00 3,258,000.00 Costs of Issuance 31,943.46 27,191.54 59,135.00 Total Underwriter's Discount (1.250%) 22,687.50 19,312.50 42,000.00 Rounding Amount 2,369.04 (1,504.04) 865.00 Total Uses $1,815,000.00 $1,545,000.00 $3,360,000.00 GO 2024A LG | Issue Summary | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 1 Page 231 of 260 City of Farmington, Minnesota $3,360,000 G.O. Bonds, Series 2024A (Preliminary AA+ Rates as of 4/15/24 +25 BPS) Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/15/2024 - - - - - 08/01/2025 - - 112,024.71 112,024.71 - 02/01/2026 175,000.00 3.550% 58,278.75 233,278.75 345,303.46 08/01/2026 - - 55,172.50 55,172.50 - 02/01/2027 240,000.00 3.400% 55,172.50 295,172.50 350,345.00 08/01/2027 - - 51,092.50 51,092.50 - 02/01/2028 250,000.00 3.300% 51,092.50 301,092.50 352,185.00 08/01/2028 - - 46,967.50 46,967.50 - 02/01/2029 255,000.00 3.300% 46,967.50 301,967.50 348,935.00 08/01/2029 - - 42,760.00 42,760.00 - 02/01/2030 265,000.00 3.250% 42,760.00 307,760.00 350,520.00 08/01/2030 - - 38,453.75 38,453.75 - 02/01/2031 270,000.00 3.250% 38,453.75 308,453.75 346,907.50 08/01/2031 - - 34,066.25 34,066.25 - 02/01/2032 280,000.00 3.250% 34,066.25 314,066.25 348,132.50 08/01/2032 - - 29,516.25 29,516.25 - 02/01/2033 290,000.00 3.350% 29,516.25 319,516.25 349,032.50 08/01/2033 - - 24,658.75 24,658.75 - 02/01/2034 300,000.00 3.450% 24,658.75 324,658.75 349,317.50 08/01/2034 - - 19,483.75 19,483.75 - 02/01/2035 310,000.00 3.550% 19,483.75 329,483.75 348,967.50 08/01/2035 - - 13,981.25 13,981.25 - 02/01/2036 135,000.00 3.650% 13,981.25 148,981.25 162,962.50 08/01/2036 - - 11,517.50 11,517.50 - 02/01/2037 140,000.00 3.750% 11,517.50 151,517.50 163,035.00 08/01/2037 - - 8,892.50 8,892.50 - 02/01/2038 145,000.00 3.850% 8,892.50 153,892.50 162,785.00 08/01/2038 - - 6,101.25 6,101.25 - 02/01/2039 150,000.00 3.950% 6,101.25 156,101.25 162,202.50 08/01/2039 - - 3,138.75 3,138.75 - 02/01/2040 155,000.00 4.050% 3,138.75 158,138.75 161,277.50 Total $3,360,000.00 - $941,908.46 $4,301,908.46 - Yield Statistics Bond Year Dollars $26,474.33 Average Life 7.879 Years Average Coupon 3.5578175% Net Interest Cost (NIC)3.7164617% True Interest Cost (TIC)3.7288046% Bond Yield for Arbitrage Purposes 3.5393163% All Inclusive Cost (AIC)4.0013944% IRS Form 8038 Net Interest Cost 3.5578175% Weighted Average Maturity 7.879 Years GO 2024A LG | Issue Summary | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 2 Page 232 of 260 City of Farmington, Minnesota $1,815,000 G.O. Bonds, Series 2024A Tax Abatement Sources & Uses Dated 08/15/2024 | Delivered 08/15/2024 Sources Of Funds Par Amount of Bonds $1,815,000.00 Total Sources $1,815,000.00 Uses Of Funds Deposit to Project Construction Fund 1,758,000.00 Costs of Issuance 31,943.46 Total Underwriter's Discount (1.250%)22,687.50 Rounding Amount 2,369.04 Total Uses $1,815,000.00 GO 2024A LG | Tax Abatement | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 3 Page 233 of 260 City of Farmington, Minnesota $1,815,000 G.O. Bonds, Series 2024A Tax Abatement Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/15/2024 - - - - - 08/01/2025 - - 62,085.38 62,085.38 - 02/01/2026 65,000.00 3.550% 32,298.75 97,298.75 159,384.13 08/01/2026 - - 31,145.00 31,145.00 - 02/01/2027 100,000.00 3.400% 31,145.00 131,145.00 162,290.00 08/01/2027 - - 29,445.00 29,445.00 - 02/01/2028 105,000.00 3.300% 29,445.00 134,445.00 163,890.00 08/01/2028 - - 27,712.50 27,712.50 - 02/01/2029 105,000.00 3.300% 27,712.50 132,712.50 160,425.00 08/01/2029 - - 25,980.00 25,980.00 - 02/01/2030 110,000.00 3.250% 25,980.00 135,980.00 161,960.00 08/01/2030 - - 24,192.50 24,192.50 - 02/01/2031 115,000.00 3.250% 24,192.50 139,192.50 163,385.00 08/01/2031 - - 22,323.75 22,323.75 - 02/01/2032 115,000.00 3.250% 22,323.75 137,323.75 159,647.50 08/01/2032 - - 20,455.00 20,455.00 - 02/01/2033 120,000.00 3.350% 20,455.00 140,455.00 160,910.00 08/01/2033 - - 18,445.00 18,445.00 - 02/01/2034 125,000.00 3.450% 18,445.00 143,445.00 161,890.00 08/01/2034 - - 16,288.75 16,288.75 - 02/01/2035 130,000.00 3.550% 16,288.75 146,288.75 162,577.50 08/01/2035 - - 13,981.25 13,981.25 - 02/01/2036 135,000.00 3.650% 13,981.25 148,981.25 162,962.50 08/01/2036 - - 11,517.50 11,517.50 - 02/01/2037 140,000.00 3.750% 11,517.50 151,517.50 163,035.00 08/01/2037 - - 8,892.50 8,892.50 - 02/01/2038 145,000.00 3.850% 8,892.50 153,892.50 162,785.00 08/01/2038 - - 6,101.25 6,101.25 - 02/01/2039 150,000.00 3.950% 6,101.25 156,101.25 162,202.50 08/01/2039 - - 3,138.75 3,138.75 - 02/01/2040 155,000.00 4.050% 3,138.75 158,138.75 161,277.50 Total $1,815,000.00 - $613,621.63 $2,428,621.63 - Yield Statistics Bond Year Dollars $16,741.92 Average Life 9.224 Years Average Coupon 3.6651815% Net Interest Cost (NIC)3.8006946% True Interest Cost (TIC)3.8120310% Bond Yield for Arbitrage Purposes 3.5393163% All Inclusive Cost (AIC)4.0511801% IRS Form 8038 Net Interest Cost 3.6651815% Weighted Average Maturity 9.224 Years GO 2024A LG | Tax Abatement | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 4 Page 234 of 260 City of Farmington, Minnesota $1,815,000 G.O. Bonds, Series 2024A Tax Abatement 105% Levy Date Total P+I 105% Levy Abatement Levy Debt Service Levy Levy Year Collection Year 02/01/2025 ---- - - 02/01/2026 159,384.13 167,353.34 65,000.00 102,353.34 2024 2025 02/01/2027 162,290.00 170,404.50 100,000.00 70,404.50 2025 2026 02/01/2028 163,890.00 172,084.50 105,000.00 67,084.50 2026 2027 02/01/2029 160,425.00 168,446.25 105,000.00 63,446.25 2027 2028 02/01/2030 161,960.00 170,058.00 110,000.00 60,058.00 2028 2029 02/01/2031 163,385.00 171,554.25 115,000.00 56,554.25 2029 2030 02/01/2032 159,647.50 167,629.88 115,000.00 52,629.88 2030 2031 02/01/2033 160,910.00 168,955.50 120,000.00 48,955.50 2031 2032 02/01/2034 161,890.00 169,984.50 125,000.00 44,984.50 2032 2033 02/01/2035 162,577.50 170,706.38 130,000.00 40,706.38 2033 2034 02/01/2036 162,962.50 171,110.63 135,000.00 36,110.63 2034 2035 02/01/2037 163,035.00 171,186.75 140,000.00 31,186.75 2035 2036 02/01/2038 162,785.00 170,924.25 145,000.00 25,924.25 2036 2037 02/01/2039 162,202.50 170,312.63 150,000.00 20,312.63 2037 2038 02/01/2040 161,277.50 169,341.38 155,000.00 14,341.38 2038 2039 Total $2,428,621.63 $2,550,052.71 $1,815,000.00 $735,052.71 GO 2024A LG | Tax Abatement | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 5 Page 235 of 260 City of Farmington, Minnesota $1,545,000 G.O. Bonds, Series 2024A Street Reconstruction Sources & Uses Dated 08/15/2024 | Delivered 08/15/2024 Sources Of Funds Par Amount of Bonds $1,545,000.00 Total Sources $1,545,000.00 Uses Of Funds Deposit to Project Construction Fund 1,500,000.00 Costs of Issuance 27,191.54 Total Underwriter's Discount (1.250%)19,312.50 Rounding Amount (1,504.04) Total Uses $1,545,000.00 GO 2024A LG | Street Reconstruction | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 6 Page 236 of 260 City of Farmington, Minnesota $1,545,000 G.O. Bonds, Series 2024A Street Reconstruction Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/15/2024 - - - - - 08/01/2025 - - 49,939.33 49,939.33 - 02/01/2026 110,000.00 3.550% 25,980.00 135,980.00 185,919.33 08/01/2026 - - 24,027.50 24,027.50 - 02/01/2027 140,000.00 3.400% 24,027.50 164,027.50 188,055.00 08/01/2027 - - 21,647.50 21,647.50 - 02/01/2028 145,000.00 3.300% 21,647.50 166,647.50 188,295.00 08/01/2028 - - 19,255.00 19,255.00 - 02/01/2029 150,000.00 3.300% 19,255.00 169,255.00 188,510.00 08/01/2029 - - 16,780.00 16,780.00 - 02/01/2030 155,000.00 3.250% 16,780.00 171,780.00 188,560.00 08/01/2030 - - 14,261.25 14,261.25 - 02/01/2031 155,000.00 3.250% 14,261.25 169,261.25 183,522.50 08/01/2031 - - 11,742.50 11,742.50 - 02/01/2032 165,000.00 3.250% 11,742.50 176,742.50 188,485.00 08/01/2032 - - 9,061.25 9,061.25 - 02/01/2033 170,000.00 3.350% 9,061.25 179,061.25 188,122.50 08/01/2033 - - 6,213.75 6,213.75 - 02/01/2034 175,000.00 3.450% 6,213.75 181,213.75 187,427.50 08/01/2034 - - 3,195.00 3,195.00 - 02/01/2035 180,000.00 3.550% 3,195.00 183,195.00 186,390.00 Total $1,545,000.00 - $328,286.83 $1,873,286.83 - Yield Statistics Bond Year Dollars $9,732.42 Average Life 6.299 Years Average Coupon 3.3731276% Net Interest Cost (NIC)3.5715624% True Interest Cost (TIC)3.5937408% Bond Yield for Arbitrage Purposes 3.5393163% All Inclusive Cost (AIC)3.9209454% IRS Form 8038 Net Interest Cost 3.3731276% Weighted Average Maturity 6.299 Years GO 2024A LG | Street Reconstruction | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 7 Page 237 of 260 City of Farmington, Minnesota $1,545,000 G.O. Bonds, Series 2024A Street Reconstruction 105% Levy Date Total P+I 105% Levy Levy Year Collection Year 02/01/2025 - - - - 02/01/2026 185,919.33 195,215.30 2024 2025 02/01/2027 188,055.00 197,457.75 2025 2026 02/01/2028 188,295.00 197,709.75 2026 2027 02/01/2029 188,510.00 197,935.50 2027 2028 02/01/2030 188,560.00 197,988.00 2028 2029 02/01/2031 183,522.50 192,698.63 2029 2030 02/01/2032 188,485.00 197,909.25 2030 2031 02/01/2033 188,122.50 197,528.63 2031 2032 02/01/2034 187,427.50 196,798.88 2032 2033 02/01/2035 186,390.00 195,709.50 2033 2034 Total $1,873,286.83 $1,966,951.17 GO 2024A LG | Street Reconstruction | 4/15/2024 | 3:13 PM Northland Securities, Inc. Public Finance Page 8 Page 238 of 260 Please contact a Northland Public Finance professional with any questions about how Northland can serve your community. Troy Bernberg (CO) 303-801-3386 tbernberg@northlandsecurities.com George Eilertson (MN) 612-851-5906 geilertson@northlandsecurities.com Jessica Green (MN) 612-851-5930 jgreen@northlandsecurities.com Jeff Heil (IA) 641-750-5720 jheil@northlandsecurities.com Heidi Kuhl (IA) 515-657-4684 hkuhl@northlandsecurities.com Peter Meidal (MN) 612-851-4978 pmeidal@northlandsecurities.com Tammy Omdal (MN) 612-851-4964 tomdal@northlandsecurities.com Chip Schultz (IA) 515-657-4688 cschultz@northlandsecurities.com The Public Finance Group of Northland Securities, Inc. 150 S. Fifth Street, Suite 3300 Minneapolis, MN 55402 Phone: 612-851-5900 / Fax: 612-851-5918 www.northlandsecurities.com/public-finance Member FINRA & SIPC/Registered with SEC & MSRB RC 23-213 Muni 23-157 0623 Tax Abatement Tax abatement is a useful and flexible economic development tool. The term “tax abatement”, however, can be misleading. The enabling statute (Minnesota Statutes, Sections 469.1812 to 469.1815) does not authorize the actual abatement of taxes. Instead, local governments have the ability to levy a property tax (an abatement levy) that is equivalent to taxes that could be abated. The revenue derived from an abatement levy can be used for a variety of economic development, redevelopment, housing, and infrastructure purposes. Planning for specific projects should refer to the complete statute and utilize the guidance of a qualified financial advisor. Calculating the Abatement A tax abatement is based on the property value of the parcel(s) subject to the abatement. The unit of government granting the abatement decides how much of the parcel value to use in the abatement calculation. The abatement may function like tax increment financing and be based on the value created by new development. Tax abatement may also use the entire value of the parcel or any portion of the parcel(s) value deemed ap- propriate by the governing body of the subdivision. The statute does not control how political subdivisions determine the parcels that will be subject to tax abatement. Users have the flexibility to target individual parcels, parcels grouped into a common project, or a broader area of improvements. The tax abatement is calculated by multiplying the tax capacity value sub- ject to abatement by the abating jurisdiction’s tax rate. It is important to incorporate the tax abatement into the annual levy calculations. An abate- ment levy must be included in the preliminary levy for Truth in Taxation. This timing means that the actual property value will be known (value as of January 1 of the current year for taxes payable in the following year), but the tax rate will be an estimate. The methodology for calculating the abatement should be clearly de- scribed in the resolution authorizing the abatement. Uses The enabling statute contains relatively few limitations on the use of tax abatement. The revenues from the abatement levy can be retained by the political subdivision or conveyed to the property owner. When paid to the property owner the abatement acts like a tax rebate. The only other specific use limitations in the statute relates to bond-fund- ed activities. The proceeds of Tax Abatement Bonds can only be used to (1) pay for public improvements that benefit the property, (2) acquire and convey land or other property, as provided under this section, (3) reimburse the property owner for the cost of improvements made to the property, or (4) pay the costs of issuance of the bonds. Minnesota local governments have made broad use of tax abatement. The following examples illustrate potential applications: Continued on next page Page 239 of 260 2 ƒCommercial, office, and other forms of develop- ment that do not fit the criteria for an economic development TIF district ƒRedevelopment projects where the setting is eco- nomically obsolete, but not physically blighted. ƒPublic improvements that are difficult to finance with special assessments (i.e. - highway inter- changes) ƒImprovements, such as fiber optic systems, that cannot be financed with special assessments ƒRecreational facilities and community centers ƒFinancial assistance to private parties made us- ing tax abatement may create a business subsidy under State Law Key Limitations Several important limitations apply to the use of tax abatement. Political Subdivisions. The ability to use tax abatement is given to cities (statutory or home rule charter), towns, school districts, and counties. Each of these political subdivisions has independent authority over the use of tax abatement. Maximum Amount. The total amount of tax abate- ments for each political subdivision is capped. The total abated taxes in any year cannot exceed the greater of (1) ten percent (10%) of the net tax capacity of the political subdivision for the taxes payable year to which the abatement applies, or (2) $200,000. Duration. The general rule is that a political subdivi- sion may grant an abatement for 15 years or less. The maximum duration is 8 years if the authorizing resolution does not specify a duration. The maximum abatement period may increase to 20 years if one of the other political subdivisions is requested to participate and declines (pursuant to procedures in M.S. 469.1813, Subd. 6b). Relationship to TIF. Parcels in a tax increment financ- ing district may not be used for tax abatement. TIF parcels can be used for abatement after the district is decertified. Tax abatement provides a means to extend the term of financial assistance beyond the life of a TIF district. Bonds Bonds can be issued to provide funding for certain ac- tivities (see “Uses”). The total principal of abatement bonds cannot exceed the sum of estimated abatements for the years granted. If the abatement is not adequate to pay principal and interest, then the political sub- division may use other legally available revenues, including property taxes, to pay interest on the bonds. The general obligation of the political subdivision may be pledged to the bonds. The bonds are not subject to the debt limit and do not require an election. Process Compared to tax increment financing, the process for the use of tax abatement is simple. The governing body of the political subdivision must adopt a resolu- tion that defines the parameters for the tax abatement. A public hearing is required before approving the resolution. Notice of the hearing must be published in a newspaper of general circulation in the political subdivision at least once more than ten days but less than 30 days before the hearing. The statute does not require any other documents or notifications. The statute requires a finding that the use of tax abate- ment is in the public interest for one of the following reasons: ƒIncrease or preserve tax base ƒProvide employment opportunities ƒProvide or help with the acquisition or construc- tion of public facilities ƒHelp redevelop or renew blighted areas ƒHelp provide access to services for residents of the political subdivision ƒFinance or provide public infrastructure ƒPhase in a property tax increase on the parcel The findings are stated in the abatement resolution. The abatement resolution also includes the parcels subject to the abatement, property values of the par- cels used in the abatement calculation, duration of the abatement, and any other terms needed to define use of the abatement. An abatement levy is not currently subject to levy limits. An abatement levy must follow the procedures applicable to all other property tax levies. Page 240 of 260 Please contact a Northland Public Finance professional with any questions about how Northland can serve your community. Troy Bernberg (CO) 303-801-3386 tbernberg@northlandsecurities.com George Eilertson (MN) 612-851-5906 geilertson@northlandsecurities.com Jessica Green (MN) 612-851-5930 jgreen@northlandsecurities.com Jeff Heil (IA) 641-750-5720 jheil@northlandsecurities.com Heidi Kuhl (IA) 515-657-4684 hkuhl@northlandsecurities.com Peter Meidal (MN) 612-851-4978 pmeidal@northlandsecurities.com Tammy Omdal (MN) 612-851-4964 tomdal@northlandsecurities.com Chip Schultz (IA) 515-657-4688 cschultz@northlandsecurities.com The Public Finance Group of Northland Securities, Inc. 150 S. Fifth Street, Suite 3300 Minneapolis, MN 55402 Phone: 612-851-5900 / Fax: 612-851-5918 www.northlandsecurities.com/public-finance Member FINRA & SIPC/Registered with SEC & MSRB RC 23-212 Muni 23-156 0623 Street Reconstruction Bonds Street Reconstruction Bonds are an example of debt issuing authority found in unusual places. The statutory provisions for Street Reconstruction Bonds appear in the portion of Minnesota Statutes, Chapter 475 dealing with election requirements for debt issuance (Minnesota Statutes, Section 475.58, Subd. 3b). Uses Street Reconstruction Bonds can be used to finance the reconstruction and bituminous overlay of existing city streets. Eligible improvements include but are not limited to: ƒAddition or reconstruction of turn lanes, bicycle lanes, sidewalks, paths, and other improvements having a substantial public safety function ƒRealignments ƒOther modifications to intersect with state and county roads ƒLocal share of state and county road projects Except in the case of the uses listed above, street reconstruction and bituminous overlays do not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed. Bond Requirements Plan. The projects financed under this authority must be described in a street reconstruction plan. The plan must describe the street reconstruc- tion or overlay to be financed, the estimated costs, and any planned recon- struction or overlay of other streets in the municipality over the next five years. The city must hold a public hearing on the proposed plan and the related issuance of bonds. Council Approval. The plan and the issuance of bonds must be approved by a two-thirds vote of the city council members present at the meeting. Reverse Referendum. The issuance of bonds is subject to a reverse refer- endum. An election is required if voters equal to 5% of the votes cast in the last municipal general election file a petition with the city clerk within 30 days of the public hearing. If the city decides not to undertake an elec- tion, it may not propose the issuance of Street Reconstruction Bonds for the same purpose and in the same amount for a period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is submitted and not approved by the voters, the provisions of section 475.58, subdivision 1a, shall apply (no resubmission for same purpose/ amount for 180 days). Debt Limit. Street Reconstruction Bonds are subject to the debt limit. Page 241 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Receive Bids and Award a Contract for the 2024 Street Improvement Project Meeting: Regular Council - May 06 2024 INTRODUCTION: On April 1, 2024, the City Council approved the plans and specifications and authorized the advertisements for bids for the 2024 Street Improvement Project. The project area includes reconstruction of the following roadway segments:  6th Street from CSAH 74 (Ash Street) to 200 feet south of Walnut Street  Maple Street from 4th Street to 6th Street  Maple Street east of 6th Street DISCUSSION: An advertisement for bids was posted in the Dakota County Tribune on April 5 and 12, 2024 and on the QuestCDN website. Bids were opened at 2:00 p.m. on April 25, 2024. Seven (7) bids were received. The apparent low bidder is Heselton Construction, LLC of Faribault, in the amount of $1,908,486.25. The Engineer's Estimate of Construction Costs for the project is $2,714,398.25. Heselton Construction, LLC has successfully completed many similar projects in the past. A complete tabulation of bids is attached and is summarized below: Contractor Bid Amount Heselton Construction, LLC $1,908,486.25 Minnesota Dirt Works Inc. $1,971,956.62 McNamara Contracting $2,015,318.00 A-1 Excavating LLC $2,066,894.00 BCM Construction, Inc. $2,237,446.00 S.M. Hentges & Sons, Inc. $2,242,000.00 Northdale Construction Company, Inc. $2,451,169.88 BUDGET IMPACT: The low bid is approximately 29% less than the Engineer’s Estimate. A breakdown of construction costs, based on estimate quantities and bid unit prices, is as follows: G. O. Bonds $ 1,286,102.75 Sewer Fund $ 45,742.50 Page 242 of 260 Storm Water Fund $ 357,168.50 Water Fund $ 219,472.50 Total $ 1,908,486.25 Public improvement contracts are based on estimated quantities of materials and work types; the final contract amount can vary (increase or decrease) from the original amount. Additionally, construction issues arise which require an immediate decision and cannot wait for the next City Council meeting for formal approval. For these reasons, Staff is also requesting approval of a change order contingency of $190,000 (about 10% of the contract) be established as an aggregate of all change order increases with a maximum amount of $50,000 allowed for any single change order increase without prior City Council approval. Other cities have taken this approach as a matter of practice for many years, with Farmington more recently. ACTION REQUESTED: Staff recommends acceptance of the bids and award of a contract for construction of the 2024 Street Improvement Project to Heselton Construction, LLC of Faribault in the amount of their bid $1,908,486.25 and authorize the Mayor and City Clerk to execute the same. This includes approval of a change order contingency of $190,000 (about 10% of the contract) be established as an aggregate of all change order increases with a maximum amount of $50,000 allowed for any single change order increase without prior City Council approval. ATTACHMENTS: 2024 Street Improvement Bid Summary and Tabulation Page 243 of 260 kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887 April 26, 2024 Mr. John Powell, P.E. Public Works Director/City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Re: Summary of Bids 2024 Street Improvements Project City Project 24-01 Dear Mr. Powell: At 2:00 p.m. on Thursday, April 25th, bids were received and opened for the above- referenced project. Bids were received from seven (7) contractors with the bid amounts as follows: Contractor Total Base Bid A-1 Excavating LLC $2,066,894.00 BCM Construction, Inc. $2,237,446.00 Heselton Construction, LLC $1,908,486.25 McNamara Contracting $2,015,318.00 Minnesota Dirt Works Inc. $1,971,956.62 Northdale Construction Company, Inc. $2,451,169.88 S.M. Hentges & Sons, Inc. $2,242,000.00 *All bid amounts shown on this letter and the attached bid tabulation are the corrected bid amounts. Minor errors were found in 2 of the 7 bids that did not affect the bidding order. All bids were submitted with proper guarantees in the amount of five percent (5%) of the total bid as required by the Project Manual. After tabulation of bids, Heselton Construction, LLC is the apparent low bidder with a total base bid of $1,908,486.25. The apparent low bid of $1,908,486.25 is 29% less than the engineer’s estimate of $2,714,398.25. Page 244 of 260 Page 2 kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887 Sincerely, Kimley-Horn and Associates, Inc. Mike Kinning, P.E. Enclosure: Bid Tabulation cc: File 161153002 Page 245 of 260 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 Schedule:A Description:CP 24-01 STREET IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 125,000.00$ 125,000.00$ 98,318.00$ 98,318.00$ 99,500.00$ 99,500.00$ 130,000.00$ 130,000.00$ 81,168.50$ 81,168.50$ 2 2101.502 CLEARING EACH 59 450.00$ 26,550.00$ 419.00$ 24,721.00$ 250.00$ 14,750.00$ 500.00$ 29,500.00$ 450.00$ 26,550.00$ 3 2101.502 GRUBBING EACH 59 250.00$ 14,750.00$ 82.00$ 4,838.00$ 400.00$ 23,600.00$ 120.00$ 7,080.00$ 100.00$ 5,900.00$ 4 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 471 2.00$ 942.00$ 4.00$ 1,884.00$ 3.00$ 1,413.00$ 4.00$ 1,884.00$ 3.00$ 1,413.00$ 5 2104.503 REMOVE CURB & GUTTER LIN FT 5750 8.00$ 46,000.00$ 2.50$ 14,375.00$ 5.00$ 28,750.00$ 4.00$ 23,000.00$ 1.50$ 8,625.00$ 6 2104.503 REMOVE CHAIN LINK FENCE LIN FT 250 10.00$ 2,500.00$ 12.50$ 3,125.00$ 10.00$ 2,500.00$ 14.00$ 3,500.00$ 13.00$ 3,250.00$ 7 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 625 15.00$ 9,375.00$ 6.50$ 4,062.50$ 8.00$ 5,000.00$ 9.00$ 5,625.00$ 4.20$ 2,625.00$ 8 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 415 12.00$ 4,980.00$ 8.25$ 3,423.75$ 5.00$ 2,075.00$ 8.00$ 3,320.00$ 3.60$ 1,494.00$ 9 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 14200 5.00$ 71,000.00$ 2.00$ 28,400.00$ 3.00$ 42,600.00$ 2.00$ 28,400.00$ 3.00$ 42,600.00$ 10 2104.518 REMOVE CONCRETE WALK SQ FT 7400 5.00$ 37,000.00$ 0.75$ 5,550.00$ 0.80$ 5,920.00$ 1.50$ 11,100.00$ 0.50$ 3,700.00$ 11 2104.602 SALVAGE SIGN EACH 29 50.00$ 1,450.00$ 25.00$ 725.00$ 30.00$ 870.00$ 30.00$ 870.00$ 30.00$ 870.00$ 12 2104.602 SALVAGE SIGN TYPE SPECIAL EACH 5 50.00$ 250.00$ 25.00$ 125.00$ 30.00$ 150.00$ 30.00$ 150.00$ 30.00$ 150.00$ 13 2104.603 REMOVE ABANDONED UTILITY DUCT LIN FT 70 100.00$ 7,000.00$ 56.00$ 3,920.00$ 20.00$ 1,400.00$ 50.00$ 3,500.00$ 15.00$ 1,050.00$ 14 2106.507 EXCAVATION - COMMON (P) CU YD 5015 35.00$ 175,525.00$ 8.50$ 42,627.50$ 22.00$ 110,330.00$ 21.00$ 105,315.00$ 18.00$ 90,270.00$ 15 2106.507 EXCAVATION - SUBGRADE (EV) CU YD 400 30.00$ 12,000.00$ 16.75$ 6,700.00$ 10.00$ 4,000.00$ 16.00$ 6,400.00$ 18.00$ 7,200.00$ 16 2106.507 COMMON EMBANKMENT (CV) (P) CU YD 523 12.00$ 6,276.00$ 11.00$ 5,753.00$ 12.00$ 6,276.00$ 15.00$ 7,845.00$ 14.00$ 7,322.00$ 17 2106.509 STABILIZING AGGREGATE TON 100 30.00$ 3,000.00$ 29.00$ 2,900.00$ 8.00$ 800.00$ 36.00$ 3,600.00$ 35.00$ 3,500.00$ 18 2106.601 DEWATERING LUMP SUM 1 10,000.00$ 10,000.00$ 72,500.00$ 72,500.00$ 1.00$ 1.00$ 1.00$ 1.00$ 75,000.00$ 75,000.00$ 19 2112.604 SUBGRADE PREPARATION (P) SQ YD 13412 2.00$ 26,824.00$ 0.95$ 12,741.40$ 2.00$ 26,824.00$ 1.00$ 13,412.00$ 1.00$ 13,412.00$ 20 2123.610 TRACTOR MOUNTED BACKHOE HOUR 50 200.00$ 10,000.00$ 119.50$ 5,975.00$ 150.00$ 7,500.00$ 60.00$ 3,000.00$ 170.00$ 8,500.00$ 21 2123.610 SKID LOADER HOUR 50 200.00$ 10,000.00$ 127.25$ 6,362.50$ 150.00$ 7,500.00$ 60.00$ 3,000.00$ 190.00$ 9,500.00$ 22 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR 50 185.00$ 9,250.00$ 145.00$ 7,250.00$ 150.00$ 7,500.00$ 175.00$ 8,750.00$ 170.00$ 8,500.00$ 23 2130.523 WATER M GALLON 50 50.00$ 2,500.00$ 69.00$ 3,450.00$ 35.00$ 1,750.00$ 100.00$ 5,000.00$ 45.00$ 2,250.00$ 24 2211.507 AGGREGATE BASE CLASS 5 (CV) (P) CU YD 2567 45.00$ 115,515.00$ 23.00$ 59,041.00$ 35.00$ 89,845.00$ 36.00$ 92,412.00$ 33.00$ 84,711.00$ 25 2302.508 SUPPLEMENTAL REINF BARS (EPOXY COATED) POUND 800 2.00$ 1,600.00$ 3.30$ 2,640.00$ 3.50$ 2,800.00$ 4.00$ 3,200.00$ 15.00$ 12,000.00$ 26 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;C) TON 100 120.00$ 12,000.00$ 125.00$ 12,500.00$ 140.00$ 14,000.00$ 350.00$ 35,000.00$ 180.00$ 18,000.00$ MINNESOTA DIRT WORKS, INC. A-1 EXCAVATING LLC BCM CONSTRUCTION, INC. ENGINEER'S ESTIMATE S.M. HENTGES & SONS INC. Pa g e 2 4 6 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 MINNESOTA DIRT WORKS, INC. A-1 EXCAVATING LLC BCM CONSTRUCTION, INC. ENGINEER'S ESTIMATE S.M. HENTGES & SONS INC. 27 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C) TON 1700 90.00$ 153,000.00$ 77.00$ 130,900.00$ 80.00$ 136,000.00$ 95.00$ 161,500.00$ 103.00$ 175,100.00$ 28 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3;C) TON 2200 88.00$ 193,600.00$ 77.00$ 169,400.00$ 80.00$ 176,000.00$ 95.00$ 209,000.00$ 93.00$ 204,600.00$ 29 2502.603 4" PERF PVC PIPE DRAIN W/ SOCK LIN FT 2120 15.00$ 31,800.00$ 12.50$ 26,500.00$ 25.00$ 53,000.00$ 13.00$ 27,560.00$ 18.00$ 38,160.00$ 30 2502.604 4" INSULATION SQ YD 20 45.00$ 900.00$ 47.50$ 950.00$ 67.00$ 1,340.00$ 60.00$ 1,200.00$ 60.00$ 1,200.00$ 31 2503.602 CONSTRUCT BULKHEAD EACH 2 1,500.00$ 3,000.00$ 278.00$ 556.00$ 700.00$ 1,400.00$ 900.00$ 1,800.00$ 600.00$ 1,200.00$ 32 2504.601 IRRIGATION SYSTEM REPAIR ALLOWANCE LUMP SUM 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 33 2504.602 LOCATE EXISTING UTILITY EACH 1 500.00$ 500.00$ 1,111.00$ 1,111.00$ 500.00$ 500.00$ 900.00$ 900.00$ 1,700.00$ 1,700.00$ 34 2504.602 ADJUST GATE VALVE & BOX EACH 5 500.00$ 2,500.00$ 400.00$ 2,000.00$ 200.00$ 1,000.00$ 225.00$ 1,125.00$ 325.00$ 1,625.00$ 35 2506.602 ADJUST FRAME & RING CASTING EACH 3 1,000.00$ 3,000.00$ 99.00$ 297.00$ 500.00$ 1,500.00$ 1,100.00$ 3,300.00$ 800.00$ 2,400.00$ 36 2521.518 4" CONCRETE WALK SQ FT 7100 8.00$ 56,800.00$ 4.80$ 34,080.00$ 5.50$ 39,050.00$ 7.00$ 49,700.00$ 10.50$ 74,550.00$ 37 2521.618 CONCRETE WALK SQ FT 2550 15.00$ 38,250.00$ 13.55$ 34,552.50$ 14.50$ 36,975.00$ 16.50$ 42,075.00$ 14.50$ 36,975.00$ 38 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 6000 24.00$ 144,000.00$ 15.95$ 95,700.00$ 16.40$ 98,400.00$ 21.00$ 126,000.00$ 21.50$ 129,000.00$ 39 2531.503 CONCRETE CURB & GUTTER DESIGN B624 LIN FT 100 40.00$ 4,000.00$ 33.20$ 3,320.00$ 34.00$ 3,400.00$ 38.00$ 3,800.00$ 39.00$ 3,900.00$ 40 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 700 70.00$ 49,000.00$ 66.20$ 46,340.00$ 74.00$ 51,800.00$ 84.00$ 58,800.00$ 95.00$ 66,500.00$ 41 2531.504 8" CONCRETE DRIVEWAY PAVEMENT SQ YD 250 90.00$ 22,500.00$ 92.10$ 23,025.00$ 101.00$ 25,250.00$ 114.00$ 28,500.00$ 105.00$ 26,250.00$ 42 2531.603 CONCRETE CURB DESIGN V LIN FT 40 50.00$ 2,000.00$ 50.55$ 2,022.00$ 52.00$ 2,080.00$ 60.00$ 2,400.00$ 42.00$ 1,680.00$ 43 2531.603 CONCRETE CURB & GUTTER DESIGN B618 (TO) LIN FT 450 35.00$ 15,750.00$ 15.95$ 7,177.50$ 16.40$ 7,380.00$ 20.00$ 9,000.00$ 39.00$ 17,550.00$ 44 2531.604 6" CONCRETE DRIVEWAY PAVEMENT HE SQ YD 100 75.00$ 7,500.00$ 69.40$ 6,940.00$ 78.00$ 7,800.00$ 92.00$ 9,200.00$ 93.00$ 9,300.00$ 45 2531.618 TRUNCATED DOMES SQ FT 300 60.00$ 18,000.00$ 50.00$ 15,000.00$ 53.00$ 15,900.00$ 55.00$ 16,500.00$ 59.00$ 17,700.00$ 46 2540.601 MAILBOX MAINTENANCE LUMP SUM 1 6,000.00$ 6,000.00$ 3,000.00$ 3,000.00$ 3,500.00$ 3,500.00$ 3,300.00$ 3,300.00$ 3,150.00$ 3,150.00$ 47 2557.503 WIRE FENCE DESIGN 60V-9322 LIN FT 250 65.00$ 16,250.00$ 53.50$ 13,375.00$ 30.00$ 7,500.00$ 50.00$ 12,500.00$ 47.50$ 11,875.00$ 48 2557.601 DOG FENCE REPAIR ALLOWANCE LUMP SUM 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 49 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 1 3,000.00$ 3,000.00$ 4,500.00$ 4,500.00$ 500.00$ 500.00$ 5,500.00$ 5,500.00$ 4,900.00$ 4,900.00$ 50 2563.601 TRAFFIC CONTROL LUMP SUM 1 10,000.00$ 10,000.00$ 6,400.00$ 6,400.00$ 9,900.00$ 9,900.00$ 7,500.00$ 7,500.00$ 7,200.00$ 7,200.00$ Pa g e 2 4 7 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 MINNESOTA DIRT WORKS, INC. A-1 EXCAVATING LLC BCM CONSTRUCTION, INC. ENGINEER'S ESTIMATE S.M. HENTGES & SONS INC. 51 2564.518 SIGN PANELS TYPE C SQ FT 87.75 75.00$ 6,581.25$ 40.00$ 3,510.00$ 42.00$ 3,685.50$ 48.00$ 4,212.00$ 42.00$ 3,685.50$ 52 2564.518 SIGN PANELS TYPE SPECIAL SQ FT 27.25 100.00$ 2,725.00$ 55.00$ 1,498.75$ 58.00$ 1,580.50$ 60.00$ 1,635.00$ 58.00$ 1,580.50$ 53 2565.616 TRAFFIC CONTROL STOP SIGN SYSTEM SYSTEM 13 2,500.00$ 32,500.00$ 1,945.00$ 25,285.00$ 2,050.00$ 26,650.00$ 2,150.00$ 27,950.00$ 2,042.00$ 26,546.00$ 54 2572.510 PRUNE TREES HOUR 10 250.00$ 2,500.00$ 25.00$ 250.00$ 50.00$ 500.00$ 275.00$ 2,750.00$ 50.00$ 500.00$ 55 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 3,000.00$ 3,000.00$ 900.00$ 900.00$ 1,000.00$ 1,000.00$ 3,300.00$ 3,300.00$ 43,000.00$ 43,000.00$ 56 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 1 3,000.00$ 3,000.00$ 1,670.00$ 1,670.00$ 500.00$ 500.00$ 2,400.00$ 2,400.00$ 2,800.00$ 2,800.00$ 57 2573.502 STORM DRAIN INLET PROTECTION EACH 36 200.00$ 7,200.00$ 149.00$ 5,364.00$ 125.00$ 4,500.00$ 100.00$ 3,600.00$ 185.00$ 6,660.00$ 58 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 5000 5.00$ 25,000.00$ 3.00$ 15,000.00$ 1.00$ 5,000.00$ 4.50$ 22,500.00$ 3.40$ 17,000.00$ 59 2574.507 BOULEVARD TOPSOIL BORROW CU YD 250 50.00$ 12,500.00$ 47.00$ 11,750.00$ 50.00$ 12,500.00$ 35.00$ 8,750.00$ 40.00$ 10,000.00$ 60 2575.504 SODDING TYPE LAWN SQ YD 3500 10.00$ 35,000.00$ 21.00$ 73,500.00$ 17.00$ 59,500.00$ 16.00$ 56,000.00$ 9.00$ 31,500.00$ 61 2582.503 4" SOLID LINE PAINT LIN FT 1790 2.00$ 3,580.00$ 1.20$ 2,148.00$ 1.30$ 2,327.00$ 2.50$ 4,475.00$ 1.25$ 2,237.50$ 62 2582.503 24" SOLID LINE PAINT GR IN (WR) LIN FT 20 35.00$ 700.00$ 35.00$ 700.00$ 37.00$ 740.00$ 85.00$ 1,700.00$ 37.00$ 740.00$ 63 2582.603 YELLOW CURB PAINT LIN FT 875 2.00$ 1,750.00$ 4.00$ 3,500.00$ 4.20$ 3,675.00$ 8.00$ 7,000.00$ 4.20$ 3,675.00$ Schedule A Subtotal:1,668,673.25$ 1,216,129.40$ 1,319,987.00$ 1,472,296.00$ 1,516,000.00$ Schedule:B Description:CP 24-01 STORM SEWER IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2104.502 REMOVE MANHOLE EACH 6 1,250.00$ 7,500.00$ 522.62$ 3,135.72$ 800.00$ 4,800.00$ 375.00$ 2,250.00$ 500.00$ 3,000.00$ 2 2104.502 REMOVE CATCH BASIN EACH 16 1,250.00$ 20,000.00$ 510.00$ 8,160.00$ 500.00$ 8,000.00$ 375.00$ 6,000.00$ 400.00$ 6,400.00$ 3 2104.503 REMOVE SEWER PIPE (STORM) LIN FT 1400 18.00$ 25,200.00$ 13.00$ 18,200.00$ 15.00$ 21,000.00$ 7.50$ 10,500.00$ 20.00$ 28,000.00$ 4 2503.503 12" RC PIPE SEWER CLASS V LIN FT 505 80.00$ 40,400.00$ 63.75$ 32,193.75$ 70.00$ 35,350.00$ 74.00$ 37,370.00$ 60.00$ 30,300.00$ 5 2503.503 15" RC PIPE SEWER CLASS V LIN FT 1285 90.00$ 115,650.00$ 74.50$ 95,732.50$ 74.00$ 95,090.00$ 81.00$ 104,085.00$ 72.00$ 92,520.00$ 6 2503.503 18" RC PIPE SEWER CLASS V LIN FT 257 100.00$ 25,700.00$ 83.00$ 21,331.00$ 80.00$ 20,560.00$ 86.00$ 22,102.00$ 61.00$ 15,677.00$ 7 2503.503 21" RC PIPE SEWER CLASS III LIN FT 630 130.00$ 81,900.00$ 84.00$ 52,920.00$ 86.00$ 54,180.00$ 94.00$ 59,220.00$ 76.00$ 47,880.00$ 8 2503.503 24" RC PIPE SEWER CLASS III LIN FT 322 155.00$ 49,910.00$ 94.25$ 30,348.50$ 95.00$ 30,590.00$ 104.00$ 33,488.00$ 102.00$ 32,844.00$ 9 2503.602 CONNECT TO EXISTING STORM SEWER EACH 7 1,500.00$ 10,500.00$ 909.00$ 6,363.00$ 1,300.00$ 9,100.00$ 1,000.00$ 7,000.00$ 460.00$ 3,220.00$ 10 2506.502 CONST DRAINAGE STRUCTURE DESIGN G EACH 12 5,000.00$ 60,000.00$ 3,366.75$ 40,401.00$ 2,950.00$ 35,400.00$ 3,450.00$ 41,400.00$ 3,000.00$ 36,000.00$ Pa g e 2 4 8 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 MINNESOTA DIRT WORKS, INC. A-1 EXCAVATING LLC BCM CONSTRUCTION, INC. ENGINEER'S ESTIMATE S.M. HENTGES & SONS INC. 11 2506.502 CONST DRAINAGE STRUCTURE DES 48-4020 EACH 14 6,000.00$ 84,000.00$ 4,065.25$ 56,913.50$ 3,900.00$ 54,600.00$ 4,000.00$ 56,000.00$ 4,700.00$ 65,800.00$ 12 2506.502 CONST DRAINAGE STRUCTURE DES 60-4020 EACH 1 9,000.00$ 9,000.00$ 7,269.50$ 7,269.50$ 6,350.00$ 6,350.00$ 6,800.00$ 6,800.00$ 8,059.00$ 8,059.00$ 13 2506.502 CONST DRAINAGE STRUCTURE DES 72-4020 EACH 3 16,000.00$ 48,000.00$ 7,927.25$ 23,781.75$ 7,550.00$ 22,650.00$ 8,200.00$ 24,600.00$ 8,600.00$ 25,800.00$ 14 2506.602 CONST DRAINAGE STRUCTURE DES 2'X3' CB EACH 11 5,000.00$ 55,000.00$ 3,262.00$ 35,882.00$ 2,850.00$ 31,350.00$ 3,050.00$ 33,550.00$ 3,300.00$ 36,300.00$ 15 2506.602 REPAIR DRAINAGE STRUCTURE (PATCH DOGHOUSE) EACH 1 2,500.00$ 2,500.00$ 661.00$ 661.00$ 800.00$ 800.00$ 1,500.00$ 1,500.00$ 1,200.00$ 1,200.00$ Schedule B Subtotal:635,260.00$ 433,293.22$ 429,820.00$ 445,865.00$ 433,000.00$ Schedule:C Description:CP 24-01 WATERMAIN IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2104.502 REMOVE GATE & VALVE BOX EACH 6 1,000.00$ 6,000.00$ 228.00$ 1,368.00$ 200.00$ 1,200.00$ 225.00$ 1,350.00$ 300.00$ 1,800.00$ 2 2104.502 REMOVE HYDRANT EACH 7 800.00$ 5,600.00$ 513.75$ 3,596.25$ 500.00$ 3,500.00$ 475.00$ 3,325.00$ 400.00$ 2,800.00$ 3 2104.503 REMOVE WATERMAIN LIN FT 680 15.00$ 10,200.00$ 12.00$ 8,160.00$ 6.00$ 4,080.00$ 3.00$ 2,040.00$ 8.50$ 5,780.00$ 4 2211.608 DUCTILE IRON FITTINGS POUND 1775 20.00$ 35,500.00$ 7.35$ 13,046.25$ 13.00$ 23,075.00$ 7.00$ 12,425.00$ 6.50$ 11,537.50$ 5 2504.601 TEMPORARY WATER SERVICE LUMP SUM 1 15,000.00$ 15,000.00$ 19,052.50$ 19,052.50$ 100.00$ 100.00$ 15,000.00$ 15,000.00$ 3,702.50$ 3,702.50$ 6 2504.602 HYDRANT, GATE VALVE & BOX, AND LEAD EACH 7 8,500.00$ 59,500.00$ 10,450.50$ 73,153.50$ 9,300.00$ 65,100.00$ 9,400.00$ 65,800.00$ 12,800.00$ 89,600.00$ 7 2504.602 CUT IN 4" GATE VALVE EACH 2 5,000.00$ 10,000.00$ 3,322.25$ 6,644.50$ 3,525.00$ 7,050.00$ 2,500.00$ 5,000.00$ 3,800.00$ 7,600.00$ 8 2504.602 CUT IN 6" GATE VALVE EACH 5 6,000.00$ 30,000.00$ 3,768.25$ 18,841.25$ 4,050.00$ 20,250.00$ 2,900.00$ 14,500.00$ 4,400.00$ 22,000.00$ 9 2504.602 RECONNECT WATER SERVICE EACH 1 3,000.00$ 3,000.00$ 588.75$ 588.75$ 1,150.00$ 1,150.00$ 1,700.00$ 1,700.00$ 800.00$ 800.00$ 10 2504.602 WATERMAIN OFFSET EACH 1 3,000.00$ 3,000.00$ 3,265.00$ 3,265.00$ 4,000.00$ 4,000.00$ 2,900.00$ 2,900.00$ 3,000.00$ 3,000.00$ 11 2504.602 CONNECT TO EXISTING WATERMAIN EACH 1 1,500.00$ 1,500.00$ 717.50$ 717.50$ 2,400.00$ 2,400.00$ 1,850.00$ 1,850.00$ 3,900.00$ 3,900.00$ 12 2504.602 1" CORPORATION STOP EACH 1 750.00$ 750.00$ 850.50$ 850.50$ 240.00$ 240.00$ 600.00$ 600.00$ 400.00$ 400.00$ 13 2504.602 6" GATE VALVE & BOX EACH 1 3,000.00$ 3,000.00$ 2,810.50$ 2,810.50$ 2,350.00$ 2,350.00$ 2,700.00$ 2,700.00$ 3,000.00$ 3,000.00$ 14 2504.602 8" GATE VALVE & BOX EACH 3 3,500.00$ 10,500.00$ 2,810.50$ 8,431.50$ 3,275.00$ 9,825.00$ 3,400.00$ 10,200.00$ 3,900.00$ 11,700.00$ 15 2504.602 ADJUST CURB STOP EACH 9 250.00$ 2,250.00$ 66.00$ 594.00$ 100.00$ 900.00$ 225.00$ 2,025.00$ 250.00$ 2,250.00$ 16 2504.603 4" DUCTILE IRON CL 52 LIN FT 5 250.00$ 1,250.00$ 109.00$ 545.00$ 152.00$ 760.00$ 250.00$ 1,250.00$ 220.00$ 1,100.00$ 17 2504.603 6" DUCTILE IRON CL 52 LIN FT 111 90.00$ 9,990.00$ 73.25$ 8,130.75$ 107.00$ 11,877.00$ 100.00$ 11,100.00$ 70.00$ 7,770.00$ 18 2504.603 8" DUCTILE IRON CL 52 LIN FT 885 105.00$ 92,925.00$ 98.50$ 87,172.50$ 108.00$ 95,580.00$ 92.00$ 81,420.00$ 76.00$ 67,260.00$ Schedule C Subtotal:299,965.00$ 256,968.25$ 253,437.00$ 235,185.00$ 246,000.00$ Pa g e 2 4 9 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 MINNESOTA DIRT WORKS, INC. A-1 EXCAVATING LLC BCM CONSTRUCTION, INC. ENGINEER'S ESTIMATE S.M. HENTGES & SONS INC. Schedule:D Description:CP 24-01 SANITARY SEWER IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2104.502 REMOVE MANHOLE EACH 2 1,250.00$ 2,500.00$ 848.75$ 1,697.50$ 800.00$ 1,600.00$ 325.00$ 650.00$ 500.00$ 1,000.00$ 2 2104.503 REMOVE SEWER PIPE (SANITARY) LIN FT 450 20.00$ 9,000.00$ 13.00$ 5,850.00$ 5.00$ 2,250.00$ 3.50$ 1,575.00$ 7.00$ 3,150.00$ 3 2503.503 8" PVC PIPE SEWER LIN FT 450 85.00$ 38,250.00$ 56.75$ 25,537.50$ 80.00$ 36,000.00$ 60.00$ 27,000.00$ 40.00$ 18,000.00$ 4 2503.601 TEMPORARY SEWER BYPASS PUMPING LUMP SUM 1 15,000.00$ 15,000.00$ 4,371.25$ 4,371.25$ 3,000.00$ 3,000.00$ 16,000.00$ 16,000.00$ 1,105.00$ 1,105.00$ 5 2503.602 RECONNECT SANITARY SEWER SERVICE EACH 13 1,300.00$ 16,900.00$ 693.50$ 9,015.50$ 425.00$ 5,525.00$ 1,000.00$ 13,000.00$ 480.00$ 6,240.00$ 6 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 2 1,500.00$ 3,000.00$ 444.50$ 889.00$ 1,500.00$ 3,000.00$ 1,250.00$ 2,500.00$ 900.00$ 1,800.00$ 7 2503.602 8"X6" PVC WYE EACH 13 450.00$ 5,850.00$ 502.50$ 6,532.50$ 275.00$ 3,575.00$ 875.00$ 11,375.00$ 285.00$ 3,705.00$ 8 2506.602 SANITARY SEWER MANHOLE EACH 2 10,000.00$ 20,000.00$ 5,836.25$ 11,672.50$ 4,350.00$ 8,700.00$ 6,000.00$ 12,000.00$ 6,000.00$ 12,000.00$ Schedule D Subtotal:110,500.00$ 65,565.75$ 63,650.00$ 84,100.00$ 47,000.00$ BID SUMMARY Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS Schedule Description Amount Amount Amount Amount Amount A CP 24-01 STREET IMPROVEMENTS 1,668,673.25$ 1,216,129.40$ 1,319,987.00$ 1,472,296.00$ 1,516,000.00$ B CP 24-01 STORM SEWER IMPROVEMENTS 635,260.00$ 433,293.22$ 429,820.00$ 445,865.00$ 433,000.00$ C CP 24-01 WATERMAIN IMPROVEMENTS 299,965.00$ 256,968.25$ 253,437.00$ 235,185.00$ 246,000.00$ D CP 24-01 SANITARY SEWER IMPROVEMENTS 110,500.00$ 65,565.75$ 63,650.00$ 84,100.00$ 47,000.00$ Total Base Bid 2,714,398.25$ 1,971,956.62$ 2,066,894.00$ 2,237,446.00$ 2,242,000.00$ Pa g e 2 5 0 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 Schedule:A Description:CP 24-01 STREET IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 125,000.00$ 125,000.00$ 69,902.20$ 69,902.20$ 79,000.00$ 79,000.00$ 72,750.00$ 72,750.00$ 2 2101.502 CLEARING EACH 59 450.00$ 26,550.00$ 439.95$ 25,957.05$ 450.00$ 26,550.00$ 435.00$ 25,665.00$ 3 2101.502 GRUBBING EACH 59 250.00$ 14,750.00$ 86.10$ 5,079.90$ 100.00$ 5,900.00$ 85.00$ 5,015.00$ 4 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 471 2.00$ 942.00$ 1.94$ 913.74$ 1.00$ 471.00$ 2.00$ 942.00$ 5 2104.503 REMOVE CURB & GUTTER LIN FT 5750 8.00$ 46,000.00$ 5.00$ 28,750.00$ 5.00$ 28,750.00$ 3.00$ 17,250.00$ 6 2104.503 REMOVE CHAIN LINK FENCE LIN FT 250 10.00$ 2,500.00$ 13.65$ 3,412.50$ 10.00$ 2,500.00$ 13.00$ 3,250.00$ 7 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 625 15.00$ 9,375.00$ 20.00$ 12,500.00$ 12.00$ 7,500.00$ 11.75$ 7,343.75$ 8 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 415 12.00$ 4,980.00$ 15.00$ 6,225.00$ 12.00$ 4,980.00$ 2.50$ 1,037.50$ 9 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 14200 5.00$ 71,000.00$ 2.92$ 41,464.00$ 3.00$ 42,600.00$ 2.25$ 31,950.00$ 10 2104.518 REMOVE CONCRETE WALK SQ FT 7400 5.00$ 37,000.00$ 20.00$ 148,000.00$ 2.00$ 14,800.00$ 1.40$ 10,360.00$ 11 2104.602 SALVAGE SIGN EACH 29 50.00$ 1,450.00$ 42.00$ 1,218.00$ 30.00$ 870.00$ 26.00$ 754.00$ 12 2104.602 SALVAGE SIGN TYPE SPECIAL EACH 5 50.00$ 250.00$ 42.00$ 210.00$ 30.00$ 150.00$ 26.00$ 130.00$ 13 2104.603 REMOVE ABANDONED UTILITY DUCT LIN FT 70 100.00$ 7,000.00$ 30.00$ 2,100.00$ 12.00$ 840.00$ 25.00$ 1,750.00$ 14 2106.507 EXCAVATION - COMMON (P) CU YD 5015 35.00$ 175,525.00$ 30.00$ 150,450.00$ 30.00$ 150,450.00$ 14.15$ 70,962.25$ 15 2106.507 EXCAVATION - SUBGRADE (EV) CU YD 400 30.00$ 12,000.00$ 30.00$ 12,000.00$ 30.00$ 12,000.00$ 13.75$ 5,500.00$ 16 2106.507 COMMON EMBANKMENT (CV) (P) CU YD 523 12.00$ 6,276.00$ 31.62$ 16,537.26$ 20.00$ 10,460.00$ 31.00$ 16,213.00$ 17 2106.509 STABILIZING AGGREGATE TON 100 30.00$ 3,000.00$ 50.15$ 5,015.00$ 60.00$ 6,000.00$ 43.00$ 4,300.00$ 18 2106.601 DEWATERING LUMP SUM 1 10,000.00$ 10,000.00$ 47,250.00$ 47,250.00$ 54,000.00$ 54,000.00$ 66,000.00$ 66,000.00$ 19 2112.604 SUBGRADE PREPARATION (P) SQ YD 13412 2.00$ 26,824.00$ 1.00$ 13,412.00$ 1.00$ 13,412.00$ 1.50$ 20,118.00$ 20 2123.610 TRACTOR MOUNTED BACKHOE HOUR 50 200.00$ 10,000.00$ 224.99$ 11,249.50$ 100.00$ 5,000.00$ 224.00$ 11,200.00$ 21 2123.610 SKID LOADER HOUR 50 200.00$ 10,000.00$ 250.00$ 12,500.00$ 100.00$ 5,000.00$ 146.00$ 7,300.00$ 22 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR 50 185.00$ 9,250.00$ 162.75$ 8,137.50$ 100.00$ 5,000.00$ 166.00$ 8,300.00$ 23 2130.523 WATER M GALLON 50 50.00$ 2,500.00$ 50.00$ 2,500.00$ 65.00$ 3,250.00$ 60.00$ 3,000.00$ 24 2211.507 AGGREGATE BASE CLASS 5 (CV) (P) CU YD 2567 45.00$ 115,515.00$ 36.63$ 94,029.21$ 30.00$ 77,010.00$ 30.25$ 77,651.75$ 25 2302.508 SUPPLEMENTAL REINF BARS (EPOXY COATED) POUND 800 2.00$ 1,600.00$ 26.25$ 21,000.00$ 3.00$ 2,400.00$ 3.40$ 2,720.00$ 26 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;C) TON 100 120.00$ 12,000.00$ 131.25$ 13,125.00$ 150.00$ 15,000.00$ 130.00$ 13,000.00$ ENGINEER'S ESTIMATE Heselton Construction, LLCNORTHDALE CONSTRUCTION CO., INC. McNamara Contracting Pa g e 2 5 1 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 ENGINEER'S ESTIMATE Heselton Construction, LLCNORTHDALE CONSTRUCTION CO., INC. McNamara Contracting 27 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C) TON 1700 90.00$ 153,000.00$ 80.85$ 137,445.00$ 77.00$ 130,900.00$ 79.50$ 135,150.00$ 28 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3;C) TON 2200 88.00$ 193,600.00$ 80.85$ 177,870.00$ 77.00$ 169,400.00$ 79.50$ 174,900.00$ 29 2502.603 4" PERF PVC PIPE DRAIN W/ SOCK LIN FT 2120 15.00$ 31,800.00$ 19.91$ 42,209.20$ 15.00$ 31,800.00$ 13.25$ 28,090.00$ 30 2502.604 4" INSULATION SQ YD 20 45.00$ 900.00$ 45.85$ 917.00$ 32.00$ 640.00$ 26.00$ 520.00$ 31 2503.602 CONSTRUCT BULKHEAD EACH 2 1,500.00$ 3,000.00$ 599.91$ 1,199.82$ 230.00$ 460.00$ 350.00$ 700.00$ 32 2504.601 IRRIGATION SYSTEM REPAIR ALLOWANCE LUMP SUM 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 33 2504.602 LOCATE EXISTING UTILITY EACH 1 500.00$ 500.00$ 2,600.00$ 2,600.00$ 775.00$ 775.00$ 450.00$ 450.00$ 34 2504.602 ADJUST GATE VALVE & BOX EACH 5 500.00$ 2,500.00$ 250.00$ 1,250.00$ 600.00$ 3,000.00$ 435.00$ 2,175.00$ 35 2506.602 ADJUST FRAME & RING CASTING EACH 3 1,000.00$ 3,000.00$ 866.67$ 2,600.01$ 1,000.00$ 3,000.00$ 600.00$ 1,800.00$ 36 2521.518 4" CONCRETE WALK SQ FT 7100 8.00$ 56,800.00$ 7.96$ 56,516.00$ 7.00$ 49,700.00$ 5.00$ 35,500.00$ 37 2521.618 CONCRETE WALK SQ FT 2550 15.00$ 38,250.00$ 16.88$ 43,044.00$ 15.00$ 38,250.00$ 14.00$ 35,700.00$ 38 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 6000 24.00$ 144,000.00$ 18.90$ 113,400.00$ 16.00$ 96,000.00$ 17.70$ 106,200.00$ 39 2531.503 CONCRETE CURB & GUTTER DESIGN B624 LIN FT 100 40.00$ 4,000.00$ 48.30$ 4,830.00$ 33.00$ 3,300.00$ 35.50$ 3,550.00$ 40 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 700 70.00$ 49,000.00$ 95.30$ 66,710.00$ 80.00$ 56,000.00$ 83.40$ 58,380.00$ 41 2531.504 8" CONCRETE DRIVEWAY PAVEMENT SQ YD 250 90.00$ 22,500.00$ 107.90$ 26,975.00$ 105.00$ 26,250.00$ 117.50$ 29,375.00$ 42 2531.603 CONCRETE CURB DESIGN V LIN FT 40 50.00$ 2,000.00$ 39.90$ 1,596.00$ 50.00$ 2,000.00$ 52.25$ 2,090.00$ 43 2531.603 CONCRETE CURB & GUTTER DESIGN B618 (TO) LIN FT 450 35.00$ 15,750.00$ 21.00$ 9,450.00$ 16.00$ 7,200.00$ 17.70$ 7,965.00$ 44 2531.604 6" CONCRETE DRIVEWAY PAVEMENT HE SQ YD 100 75.00$ 7,500.00$ 103.70$ 10,370.00$ 80.00$ 8,000.00$ 87.65$ 8,765.00$ 45 2531.618 TRUNCATED DOMES SQ FT 300 60.00$ 18,000.00$ 76.73$ 23,019.00$ 50.00$ 15,000.00$ 51.75$ 15,525.00$ 46 2540.601 MAILBOX MAINTENANCE LUMP SUM 1 6,000.00$ 6,000.00$ 3,150.00$ 3,150.00$ 2,000.00$ 2,000.00$ 3,100.00$ 3,100.00$ 47 2557.503 WIRE FENCE DESIGN 60V-9322 LIN FT 250 65.00$ 16,250.00$ 47.53$ 11,882.50$ 50.00$ 12,500.00$ 46.75$ 11,687.50$ 48 2557.601 DOG FENCE REPAIR ALLOWANCE LUMP SUM 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 49 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 1 3,000.00$ 3,000.00$ 6,500.00$ 6,500.00$ 500.00$ 500.00$ 1,200.00$ 1,200.00$ 50 2563.601 TRAFFIC CONTROL LUMP SUM 1 10,000.00$ 10,000.00$ 7,875.00$ 7,875.00$ 7,500.00$ 7,500.00$ 6,600.00$ 6,600.00$ Pa g e 2 5 2 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 ENGINEER'S ESTIMATE Heselton Construction, LLCNORTHDALE CONSTRUCTION CO., INC. McNamara Contracting 51 2564.518 SIGN PANELS TYPE C SQ FT 87.75 75.00$ 6,581.25$ 55.65$ 4,883.29$ 42.00$ 3,685.50$ 42.00$ 3,685.50$ 52 2564.518 SIGN PANELS TYPE SPECIAL SQ FT 27.25 100.00$ 2,725.00$ 88.20$ 2,403.45$ 60.00$ 1,635.00$ 57.00$ 1,553.25$ 53 2565.616 TRAFFIC CONTROL STOP SIGN SYSTEM SYSTEM 13 2,500.00$ 32,500.00$ 2,415.00$ 31,395.00$ 2,100.00$ 27,300.00$ 2,000.00$ 26,000.00$ 54 2572.510 PRUNE TREES HOUR 10 250.00$ 2,500.00$ 26.25$ 262.50$ 75.00$ 750.00$ 26.00$ 260.00$ 55 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 3,000.00$ 3,000.00$ 13,000.00$ 13,000.00$ 1,500.00$ 1,500.00$ 15,500.00$ 15,500.00$ 56 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 1 3,000.00$ 3,000.00$ 6,500.00$ 6,500.00$ 500.00$ 500.00$ 2,000.00$ 2,000.00$ 57 2573.502 STORM DRAIN INLET PROTECTION EACH 36 200.00$ 7,200.00$ 300.02$ 10,800.72$ 150.00$ 5,400.00$ 250.00$ 9,000.00$ 58 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 5000 5.00$ 25,000.00$ 3.15$ 15,750.00$ 2.00$ 10,000.00$ 2.95$ 14,750.00$ 59 2574.507 BOULEVARD TOPSOIL BORROW CU YD 250 50.00$ 12,500.00$ 38.34$ 9,585.00$ 50.00$ 12,500.00$ 0.01$ 2.50$ 60 2575.504 SODDING TYPE LAWN SQ YD 3500 10.00$ 35,000.00$ 7.35$ 25,725.00$ 18.00$ 63,000.00$ 12.25$ 42,875.00$ 61 2582.503 4" SOLID LINE PAINT LIN FT 1790 2.00$ 3,580.00$ 1.26$ 2,255.40$ 1.25$ 2,237.50$ 1.25$ 2,237.50$ 62 2582.503 24" SOLID LINE PAINT GR IN (WR) LIN FT 20 35.00$ 700.00$ 36.75$ 735.00$ 40.00$ 800.00$ 36.15$ 723.00$ 63 2582.603 YELLOW CURB PAINT LIN FT 875 2.00$ 1,750.00$ 4.20$ 3,675.00$ 4.00$ 3,500.00$ 4.15$ 3,631.25$ Schedule A Subtotal:1,668,673.25$ 1,641,316.75$ 1,380,876.00$ 1,286,102.75$ Schedule:B Description:CP 24-01 STORM SEWER IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2104.502 REMOVE MANHOLE EACH 6 1,250.00$ 7,500.00$ 800.00$ 4,800.00$ 350.00$ 2,100.00$ 300.00$ 1,800.00$ 2 2104.502 REMOVE CATCH BASIN EACH 16 1,250.00$ 20,000.00$ 599.91$ 9,598.56$ 340.00$ 5,440.00$ 300.00$ 4,800.00$ 3 2104.503 REMOVE SEWER PIPE (STORM) LIN FT 1400 18.00$ 25,200.00$ 15.00$ 21,000.00$ 12.00$ 16,800.00$ 14.15$ 19,810.00$ 4 2503.503 12" RC PIPE SEWER CLASS V LIN FT 505 80.00$ 40,400.00$ 78.25$ 39,516.25$ 51.00$ 25,755.00$ 51.75$ 26,133.75$ 5 2503.503 15" RC PIPE SEWER CLASS V LIN FT 1285 90.00$ 115,650.00$ 81.42$ 104,624.70$ 57.00$ 73,245.00$ 56.40$ 72,474.00$ 6 2503.503 18" RC PIPE SEWER CLASS V LIN FT 257 100.00$ 25,700.00$ 91.25$ 23,451.25$ 60.00$ 15,420.00$ 61.75$ 15,869.75$ 7 2503.503 21" RC PIPE SEWER CLASS III LIN FT 630 130.00$ 81,900.00$ 103.03$ 64,908.90$ 68.00$ 42,840.00$ 54.00$ 34,020.00$ 8 2503.503 24" RC PIPE SEWER CLASS III LIN FT 322 155.00$ 49,910.00$ 109.51$ 35,262.22$ 75.00$ 24,150.00$ 73.00$ 23,506.00$ 9 2503.602 CONNECT TO EXISTING STORM SEWER EACH 7 1,500.00$ 10,500.00$ 2,500.00$ 17,500.00$ 900.00$ 6,300.00$ 1,000.00$ 7,000.00$ 10 2506.502 CONST DRAINAGE STRUCTURE DESIGN G EACH 12 5,000.00$ 60,000.00$ 3,359.05$ 40,308.60$ 2,500.00$ 30,000.00$ 3,120.00$ 37,440.00$ Pa g e 2 5 3 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 ENGINEER'S ESTIMATE Heselton Construction, LLCNORTHDALE CONSTRUCTION CO., INC. McNamara Contracting 11 2506.502 CONST DRAINAGE STRUCTURE DES 48-4020 EACH 14 6,000.00$ 84,000.00$ 4,554.03$ 63,756.42$ 3,500.00$ 49,000.00$ 3,785.00$ 52,990.00$ 12 2506.502 CONST DRAINAGE STRUCTURE DES 60-4020 EACH 1 9,000.00$ 9,000.00$ 9,054.39$ 9,054.39$ 5,000.00$ 5,000.00$ 6,000.00$ 6,000.00$ 13 2506.502 CONST DRAINAGE STRUCTURE DES 72-4020 EACH 3 16,000.00$ 48,000.00$ 11,279.73$ 33,839.19$ 7,000.00$ 21,000.00$ 6,725.00$ 20,175.00$ 14 2506.602 CONST DRAINAGE STRUCTURE DES 2'X3' CB EACH 11 5,000.00$ 55,000.00$ 3,404.40$ 37,448.40$ 2,500.00$ 27,500.00$ 3,150.00$ 34,650.00$ 15 2506.602 REPAIR DRAINAGE STRUCTURE (PATCH DOGHOUSE) EACH 1 2,500.00$ 2,500.00$ 599.91$ 599.91$ 350.00$ 350.00$ 500.00$ 500.00$ Schedule B Subtotal:635,260.00$ 505,668.79$ 344,900.00$ 357,168.50$ Schedule:C Description:CP 24-01 WATERMAIN IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2104.502 REMOVE GATE & VALVE BOX EACH 6 1,000.00$ 6,000.00$ 250.00$ 1,500.00$ 225.00$ 1,350.00$ 365.00$ 2,190.00$ 2 2104.502 REMOVE HYDRANT EACH 7 800.00$ 5,600.00$ 650.00$ 4,550.00$ 350.00$ 2,450.00$ 725.00$ 5,075.00$ 3 2104.503 REMOVE WATERMAIN LIN FT 680 15.00$ 10,200.00$ 5.00$ 3,400.00$ 4.00$ 2,720.00$ 5.00$ 3,400.00$ 4 2211.608 DUCTILE IRON FITTINGS POUND 1775 20.00$ 35,500.00$ 8.74$ 15,513.50$ 7.00$ 12,425.00$ 7.60$ 13,490.00$ 5 2504.601 TEMPORARY WATER SERVICE LUMP SUM 1 15,000.00$ 15,000.00$ 13,000.00$ 13,000.00$ 2,000.00$ 2,000.00$ 3,250.00$ 3,250.00$ 6 2504.602 HYDRANT, GATE VALVE & BOX, AND LEAD EACH 7 8,500.00$ 59,500.00$ 4,363.13$ 30,541.91$ 11,000.00$ 77,000.00$ 8,750.00$ 61,250.00$ 7 2504.602 CUT IN 4" GATE VALVE EACH 2 5,000.00$ 10,000.00$ 4,364.92$ 8,729.84$ 4,500.00$ 9,000.00$ 3,300.00$ 6,600.00$ 8 2504.602 CUT IN 6" GATE VALVE EACH 5 6,000.00$ 30,000.00$ 4,754.23$ 23,771.15$ 5,000.00$ 25,000.00$ 4,200.00$ 21,000.00$ 9 2504.602 RECONNECT WATER SERVICE EACH 1 3,000.00$ 3,000.00$ 1,418.37$ 1,418.37$ 600.00$ 600.00$ 1,000.00$ 1,000.00$ 10 2504.602 WATERMAIN OFFSET EACH 1 3,000.00$ 3,000.00$ 5,064.72$ 5,064.72$ 2,100.00$ 2,100.00$ 2,700.00$ 2,700.00$ 11 2504.602 CONNECT TO EXISTING WATERMAIN EACH 1 1,500.00$ 1,500.00$ 2,439.17$ 2,439.17$ 4,000.00$ 4,000.00$ 1,350.00$ 1,350.00$ 12 2504.602 1" CORPORATION STOP EACH 1 750.00$ 750.00$ 594.83$ 594.83$ 750.00$ 750.00$ 160.00$ 160.00$ 13 2504.602 6" GATE VALVE & BOX EACH 1 3,000.00$ 3,000.00$ 2,864.27$ 2,864.27$ 3,500.00$ 3,500.00$ 2,625.00$ 2,625.00$ 14 2504.602 8" GATE VALVE & BOX EACH 3 3,500.00$ 10,500.00$ 3,764.55$ 11,293.65$ 4,000.00$ 12,000.00$ 3,225.00$ 9,675.00$ 15 2504.602 ADJUST CURB STOP EACH 9 250.00$ 2,250.00$ 250.00$ 2,250.00$ 150.00$ 1,350.00$ 205.00$ 1,845.00$ 16 2504.603 4" DUCTILE IRON CL 52 LIN FT 5 250.00$ 1,250.00$ 240.49$ 1,202.45$ 73.00$ 365.00$ 325.00$ 1,625.00$ 17 2504.603 6" DUCTILE IRON CL 52 LIN FT 111 90.00$ 9,990.00$ 101.56$ 11,273.16$ 62.00$ 6,882.00$ 115.00$ 12,765.00$ 18 2504.603 8" DUCTILE IRON CL 52 LIN FT 885 105.00$ 92,925.00$ 88.39$ 78,225.15$ 70.00$ 61,950.00$ 78.50$ 69,472.50$ Schedule C Subtotal:299,965.00$ 217,632.17$ 225,442.00$ 219,472.50$ Pa g e 2 5 4 o f 2 6 0 Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS KHA Job No:161153002 ENGINEER'S ESTIMATE Heselton Construction, LLCNORTHDALE CONSTRUCTION CO., INC. McNamara Contracting Schedule:D Description:CP 24-01 SANITARY SEWER IMPROVEMENTS Item No.Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2104.502 REMOVE MANHOLE EACH 2 1,250.00$ 2,500.00$ 1,000.00$ 2,000.00$ 1,000.00$ 2,000.00$ 300.00$ 600.00$ 2 2104.503 REMOVE SEWER PIPE (SANITARY) LIN FT 450 20.00$ 9,000.00$ 5.00$ 2,250.00$ 4.00$ 1,800.00$ 2.20$ 990.00$ 3 2503.503 8" PVC PIPE SEWER LIN FT 450 85.00$ 38,250.00$ 54.27$ 24,421.50$ 49.00$ 22,050.00$ 47.25$ 21,262.50$ 4 2503.601 TEMPORARY SEWER BYPASS PUMPING LUMP SUM 1 15,000.00$ 15,000.00$ 3,250.00$ 3,250.00$ 1,500.00$ 1,500.00$ 2,000.00$ 2,000.00$ 5 2503.602 RECONNECT SANITARY SEWER SERVICE EACH 13 1,300.00$ 16,900.00$ 1,341.17$ 17,435.21$ 1,050.00$ 13,650.00$ 330.00$ 4,290.00$ 6 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 2 1,500.00$ 3,000.00$ 1,625.00$ 3,250.00$ 2,000.00$ 4,000.00$ 1,050.00$ 2,100.00$ 7 2503.602 8"X6" PVC WYE EACH 13 450.00$ 5,850.00$ 1,669.26$ 21,700.38$ 700.00$ 9,100.00$ 430.00$ 5,590.00$ 8 2506.602 SANITARY SEWER MANHOLE EACH 2 10,000.00$ 20,000.00$ 6,122.54$ 12,245.08$ 5,000.00$ 10,000.00$ 4,455.00$ 8,910.00$ Schedule D Subtotal:110,500.00$ 86,552.17$ 64,100.00$ 45,742.50$ BID SUMMARY Contract:CP 24-01 Owner:CITY OF FARMINGTON Project:2024 STREET IMPROVEMENTS Schedule Description Amount Amount Amount Amount A CP 24-01 STREET IMPROVEMENTS 1,668,673.25$ 1,641,316.75$ 1,380,876.00$ 1,286,102.75$ B CP 24-01 STORM SEWER IMPROVEMENTS 635,260.00$ 505,668.79$ 344,900.00$ 357,168.50$ C CP 24-01 WATERMAIN IMPROVEMENTS 299,965.00$ 217,632.17$ 225,442.00$ 219,472.50$ D CP 24-01 SANITARY SEWER IMPROVEMENTS 110,500.00$ 86,552.17$ 64,100.00$ 45,742.50$ Total Base Bid 2,714,398.25$ 2,451,169.88$ 2,015,318.00$ 1,908,486.25$ Pa g e 2 5 5 o f 2 6 0 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Leah Koch, City Attorney Department: City Attorney Subject: Councilmember Resignation and Vacancy Meeting: Regular Council - May 06 2024 INTRODUCTION: Councilmember Katie Porter has submitted her resignation from the City Council effective after the Council Meeting on May 6, 2024. Councilmember Porter’s term expires on December 31, 2024. DISCUSSION: With the resignation of Councilmember Porter on May 6, 2024, a vacancy is created on the City Council. This resolution signifies the acceptance of the resignation and declares a vacancy. The vacancy will be discussed with the Mayor and Council at an upcoming work session. This City Council seat will be included on the 2024 General Election ballot with a term to run January 1, 2025 through December 31, 2028. BUDGET IMPACT: N/A ACTION REQUESTED: Adopt Resolution 2024-38 Accepting a City Councilmember’s Resignation and Declaring a Vacancy on the City Council. ATTACHMENTS: Councilmember Porter's Resignation 2024-38 Councilmember Resignation and Declaring Vacancy Page 256 of 260 From:Katie Porter To:Lynn Gorski Subject:Resignation Date:Wednesday, April 24, 2024 1:12:58 PM Attachments:PhoneIcon,City1pt_433fa8b9-8d95-4a9b-bfb2-ccc295480c2b.png LocationIcon,City1pt_226abbd5-5bec-4888-888d-c73f80199477.png Logo-500x194_de1528c2-7348-4386-a5a0-ca9248fd61e3.png Lynn, Per our conversation this afternoon, please accept this as my letter of resignation from the city council. My last meeting will be May 6th. It has been an honor and a privilege to serve the Farmington community as a council member for the last 3+ years. I have been challenged and stretched in ways that I could never have anticipated, and I have had the opportunity to get to know and serve alongside some amazing business owners, city employees, legislators, board members and future leaders of our community. It is time that I pivot to focusing wholeheartedly on the needs of my family and to pursue furthering my education. I need to step back from this role in order to do so. I thank you all, sincerely, for your support, and I look forward to seeing the hard work put in these last few years come to fruition through the continued work of my colleagues and our dedicated city staff. Thank you for everything. Truly Katie Porter Councilmember Main: 651-280-6800 430 Third St. Farmington, MN 55024 Page 257 of 260 230827v1 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-38 A RESOLUTION ACCEPTING A CITY COUNCILMEMBER'S RESIGNATION AND DECLARING A VACANCY ON THE CITY COUNCIL WHEREAS, on April 24, 2024, City Councilmember Katie Porter submitted a written resignation from the City Council, effective following the Council meeting on May 6, 2024; and WHEREAS, under Minnesota Statute Section 351.02, an elected office becomes vacant on the resignation of an incumbent. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Farmington, Minnesota, that: 1. The City Council hereby accepts City Councilmember Porter's resignation effective at the conclusion of the Monday, May 6, 2024 City Council Meeting; 2. The City Council hereby declares that a vacancy exists due to the resignation of City Councilmember Porter effective at the conclusion of the Monday, May 6, 2024 City Council meeting. Adopted by the City Council of the City of Farmington, Minnesota, this 6th day of May 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 258 of 260 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Leah Koch, City Attorney Department: City Attorney Subject: Selection of Acting Mayor for Remainder of 2024 Meeting: Regular Council - May 06 2024 INTRODUCTION: Councilmember Katie Porter, the current Acting Mayor, has submitted her resignation from the City Council effective after the Council Meeting on May 6, 2024. The by-laws must be suspended before a new Acting Mayor can be selected. DISCUSSION: With the resignation of Councilmember Porter the Acting Mayor designation must be reassigned. City Council By-Laws state: “The Acting Mayor shall be selected as follows: Odd Numbered Year – Member serving third year of term who received the most votes when elected; Even Numbered Year – Member serving fourth year of term who received the second most votes when elected.” City Council By-laws Section 1 – Meetings, subd. 3. Because the criteria for selecting an Acting Mayor is highly specific, once Councilmember Porter resigns no one will be qualified to hold the position of Acting Mayor. In order to select a new Acting Mayor, the by-laws regarding selection of the Acting Mayor must be suspended until the end of the year. The by-laws may be temporarily suspended by unanimous vote of the members present. City Council By-Laws Section XI – Suspension or Amendment of By- laws, subd. 1. After suspending this portion of the by-laws, the Council will need to select a new Acting Mayor. BUDGET IMPACT: Not applicable ACTION REQUESTED: 1. Suspend by-laws as it relates to the prerequisites of the Acting Mayor as described in City Council By-laws Section 1, subd. 3. 2. Appoint a new Acting Mayor. Page 259 of 260