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HomeMy WebLinkAbout03.17.25 Council Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, March 17, 2025 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. Parks and Recreation Department’s 2024 Annual Report The City Council is asked to listen to the annual report presentation and ask any questions it has during and/or after the presentation has been made. Agenda Item: Parks and Recreation Department’s 2024 Annual Report - Pdf 5 5.2. Municipal Separate Storm Sewer System (MS4) Annual Review Agenda Item: Municipal Separate Storm Sewer System (MS4) Annual Review - Pdf 6 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. Minutes of the March 3, 2025 Joint City Council and Parks & Recreation Commission Work Session Agenda Item: Minutes of the March 3, 2025 Joint City Council and Parks & Recreation Commission Work Session - Pdf 7 - 10 7.2. Minutes of the March 3, 2025 Regular City Council Meeting Agenda Item: Minutes of the March 3, 2025 Regular City Council 11 - 16 Page 1 of 158 Meeting - Pdf 7.3. Temporary On-Sale Liquor License for Corinthian Lodge, April 26, 2025 Agenda Item: Temporary On-Sale Liquor License for Corinthian Lodge, April 26, 2025 - Pdf 17 - 18 7.4. Dakota County Community Development Agency-City of Farmington Local Affordable Housing Aid Agreement Agenda Item: Authorize the Dakota County Community Development Agency-City of Farmington Local Affordable Housing Aid Agreement - Pdf 19 - 44 7.5. 2024 Investment Portfolio Overview Agenda Item: 2024 Investment Portfolio Overview - Pdf 45 - 48 2024 Investment Portfolio Overview 7.6. Payment of Claims Agenda Item: Payment of Claims - Pdf 49 - 50 Payment of Claims 7.7. Apple Valley/Farmington/Rosemount Cable Commission PEG Payment Agreement Agenda Item: Apple Valley/Farmington/Rosemount Cable Commission PEG Payment Agreement - Pdf 51 - 54 7.8. Staff Approvals and Recommendations Agenda Item: Staff Approvals and Recommendations - Pdf 55 7.9. Joint Powers Agreement for the 4th and Willow TSS Reduction Project Between the Vermillion River Watershed Joint Powers Organization, the City of Farmington, and Dakota County Agenda Item: Joint Powers Agreement for the 4th and Willow TSS Reduction Project Between the Vermillion River Watershed Joint Powers Organization, the - Pdf 56 - 73 7.10. Plans and Specifications and Authorize the Advertisement for Bids for the 2025 Street Improvement Project Agenda Item: Plans and Specifications and Authorize the Advertisement for Bids for the 2025 Street Improvement Project - Pdf 74 - 76 7.11. Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Construction Services Agenda Item: Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Construction Services - Pdf 77 - 90 7.12. Professional Services Agreement with Emmons & Olivier Resources, Inc. for the Devonshire Pond Maintenance Feasibility Study Agenda Item: Professional Services Agreement with Emmons & Olivier Resources, Inc. for the Devonshire Pond Maintenance Feasibility Study - Pdf 91 - 106 Page 2 of 158 7.13. Professional Services Agreement with TKDA, Inc. for the Natural Resources Inventory Update Agenda Item: Professional Services Agreement with TKDA, Inc. for the Natural Resources Inventory Update - Pdf 107 - 121 7.14. Receive Bids and Award a Contract for the Dushane Parkway/Spruce Street Improvements Agenda Item: Receive Bids and Award a Contract for the Dushane Parkway/Spruce Street Improvements - Pdf 122 - 130 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1. Vermillion Commons 5th Addition Final Plat Adopt Resolution 2025-021 Approving Final Plat for Vermillion Commons 5th Addition, contingent upon the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the Developer and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Agenda Item: Vermillion Commons 5th Addition Final Plat - Community Development - Pdf 131 - 154 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Resolution Authorizing to Request Funding from the Environmental and Natural Resources Trust Fund Adopt Resolution 2025-18 Authorizing Approval for the City of Farmington to Request Funding from the Environmental and Natural Resources Trust Fund, for the North Creek Greenway Trails and Trailhead Construction Project. Agenda Item: Resolution Authorizing to Request Funding from the Environmental and Natural Resources Trust Fund - Pdf 155 - 158 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 158 Page 4 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Parks and Recreation Department’s 2024 Annual Report Meeting: Regular Council - Mar 17 2025 INTRODUCTION: The Parks and Recreation Department (Department) Staff members have compiled an annual report identifying the Department’s accomplishments in 2024 and looking forward to 2025. This is the 22nd consecutive year the Department has created an annual report. DISCUSSION: Each year, the Department creates an annual report about the following: •Programs and events offered •Parks, trails, and facilities projects completed •Maintenance work performed in parks, on trails, and in facilities and Missie Supervisor Recreation Pire, Kohlbeck, Supervisor Facilities and Parks Jeremy Recreation Supervisor Emilee Shearer will be in attendance to help present the annual report. I would like to recognize and thank Recreation Supervisor Kohlbeck who took the responsibility of acquiring this developing then and members other Department from information the Staff information into the annual report. ACTION REQUESTED: The City Council is asked to listen to the annual report presentation and ask any questions it has during and/or after the presentation has been made. Page 5 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Municipal Separate Storm Sewer System (MS4) Annual Review Meeting: Regular Council - Mar 17 2025 INTRODUCTION: McKenna Rodine, Water Resources Specialist, will present the Municipal Separate Storm Sewer System (MS4) Annual Review along with a brief update on Storm Water Maintenance activities. Page 6 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the March 3, 2025 Joint City Council and Parks & Recreation Commission Work Session Meeting: Regular Council - Mar 17 2025 INTRODUCTION: For Council approval are the minutes of the March 3, 2025 Joint City Council and Parks & Recreation Commission Work Session. ACTION REQUESTED: Approve the minutes of the March 3, 2025 Joint City Council and Parks & Recreation Commission Work Session. ATTACHMENTS: 03.03.25 Council and PRAC Minutes - Special Work Session Page 7 of 158 Special Work Session Minutes of March 3, 2025 Page 1 of 3 City of Farmington Joint City Council and Parks & Recreation Commission Special Work Session Minutes Monday, March 3, 2025 The City Council met in a joint work session with the Parks & Recreation Commission on Monday, March 3, 2025, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 5:30 pm. Parks & Recreation Commission Chair Putt called the meeting to order at 5:30 pm. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Jake Cordes, Nick Lien, and Steve Wilson Members Absent: None Parks & Recreation Commission Members Present: Chair Katie Putt Commissioners Kate Caron, David McMillen, and Doug Pewowaruk Parks & Recreation Commission Members Absent: Commissioner Megan Merricks Staff Present: Lynn Gorski, City Administrator David Chanski, HR Director/Assistant City Administrator Deanna Kuennen, Economic & Community Development Director Tony Wippler, Planning Manager Kellee Omlid, Parks & Recreation Director John Powell, Public Works Director Shirley Buecksler, City Clerk Also Present: Lil Leatham, Dakota County Principal Planner Niki Geisler, Dakota County Parks Director Page 8 of 158 Special Work Session Minutes of March 3, 2025 Page 2 of 3 2. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 3. DISCUSSION ITEMS 3.1 Dakota County Parks 2050 Vision Plan Dakota County Principal Planner Lil Leatham and Parks Director Niki Geisler presented the Dakota County Parks 2050 Vision Plan for the City Council and Parks & Recreation Commissioners. Discussion included: • Grant opportunities for trailhead facilities (i.e., Rambling River Park). • Nature-based play, motion and activity for mature adults, nature-based dog park. Amenities similar to Whitetail Woods Regional Park. • Potential for connectivity and activities at Jim Bell Park and Preserve. • Robust crossing signs with flashing lights for pedestrian safety in the area near Pilot Knob Road and 195th Street. • Preserving Farmington’s greenspace and maintaining that small town feel. • Dakota County Fairgrounds – land that could possibly be used in other ways at other times. Both the City Council and the Parks & Recreation Commission were in support of the Dakota County Parks 2050 Vision Plan. The next steps for the County include: • February – March: development of draft vision plan document. • April – May: public review. • July: anticipated plan adoption by Dakota County Board of Commissioners. 4. ADJOURNMENT Motion was made by Councilmember Cordes and seconded by Councilmember Wilson to adjourn the meeting at 6:27 pm. Motion carried: 5 ayes / 0 nays Motion was made by Commissioner Pewowaruk and seconded by Commissioner Caron to adjourn the meeting at 6:27 pm. Motion carried: 4 ayes / 0 nays Page 9 of 158 Special Work Session Minutes of March 3, 2025 Page 3 of 3 Respectfully submitted, Shirley R Buecksler City Clerk Page 10 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the March 3, 2025 Regular City Council Meeting Meeting: Regular Council - Mar 17 2025 INTRODUCTION: For Council approval are the minutes of the March 3, 2025 Regular City Council Meeting. ACTION REQUESTED: Approve the minutes of the March 3, 2025 Regular City Council Meeting. ATTACHMENTS: 03.03.25 Council Minutes Page 11 of 158 Regular City Council Meeting Minutes of March 3, 2025 Page 1 of 5 City of Farmington Regular Council Meeting Minutes Monday, March 3, 2025 The City Council met in regular session on Monday, March 3, 2025, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7 pm. 2. PLEDGE OF ALLEGIANCE Thomas, a Boy Scout in attendance at the meeting, led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Jake Cordes, Nick Lien, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator David Chanski, HR Director/Assistant City Administrator Amy Schmidt, City Attorney Deanna Kuennen, Economic & Community Development Director Kim Sommerland, Finance Director Kellee Omlid, Parks & Recreation Director Gary Rutherford, Police Chief Nate Siem, Deputy Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk 4. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS Page 12 of 158 Regular City Council Meeting Minutes of March 3, 2025 Page 2 of 5 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS 7. CONSENT AGENDA 7.1 Minutes of the February 18, 2025 Regular City Council Meeting 7.2 Minutes of the February 19, 2025 Special Work Session – Strategic Planning Meeting 7.3 Minutes of the February 26, 2025 Special City Council Meeting 7.4 Development Contract – Meadowview Preserve 2nd Addition 7.5 Payment of Claims 7.6 Staff Approvals and Recommendations, including the appointment of: • Dan Schmidt as Leads Parks Maintenance Worker • Kevin Cha as Patrol Officer 7.7 Change Orders for the Rambling River Center Project 7.8 Declaring Items as Surplus and Authorizing Disposal; Resolution 2025-17 7.9 Institution Community Work Crew Contract Motion was made by Councilmember Cordes and seconded by Councilmember Lien to approve the Consent Agenda, as presented. Motion carried: 5 ayes / 0 nays 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1 Public Works 2024 Annual Update Director Powell presented the Public Works 2024 Annual Update for Council. He also introduced Eric Whitmer, Public Works Superintendent. 13. CITY COUNCIL ROUNDTABLE Councilmember Bernatz: It’s going to be a snowstorm…maybe. Parking restrictions are still on until April, so if there is snow on the ground and you don’t want your car or truck or anything else put someplace where you can’t find it, make sure you park it in your driveway so that all of our hardworking Public Works people can get by and open up our streets again, assuming that we get the amount of snow that we’re supposed to get. And welcome, David. Page 13 of 158 Regular City Council Meeting Minutes of March 3, 2025 Page 3 of 5 Councilmember Lien: Welcome, David. Councilmember Cordes: Welcome, David – welcome to the team. We’re glad to have you. Councilmember Wilson: Welcome, David, it’s great to have you here. Administrator Gorski: I want to welcome David Chanski to our team. He is the new Assistant City Administrator and Human Resources Director. It’s been great having you here so far, thank you. Clerk Buecksler: Welcome David. It’s great to have you here. Director Chanski: I’m very happy to be here. This is day three, so I’m still actively drinking from the fire hose, but Lynn can rest assured that I will be back in the morning. We accepted an offer on our house in Brainerd yesterday, and we are very excitedly looking forward to relocating in April. Director Kuennen: Welcome, David, to the team. January takes forever and feels like the month that keeps on giving, and then February is over in the blink of an eye, and we’re now in March. This is when a lot of activity starts happening in the Community and Economic Development Department with building permits and all of that. But we have also been invited to do a number of speaking engagements to really tell Farmington’s story and get out there and continue to market all the wonderful things that are happening in this community. I will be speaking twice this month, and I’m really excited to be able to share Farmington’s story. Director Powell: Welcome, David. Just to show how we work as a team, when I got back to my seat, Deanna told me exactly how long I talked for and how much with Q&A because, last year, I was trying to gauge how long my presentation should be, so I was clocking everyone’s 15 minutes, 25 minutes, so I appreciate having that data. (Deanna – I do have to tell you that he writes down all those times Page 14 of 158 Regular City Council Meeting Minutes of March 3, 2025 Page 4 of 5 when things start and stop, and I was just trying to do him a favor so that his notes would be complete.) I do want to remind everyone that load limits went on in the metro area today. We don’t typically issue overweight permits unless it’s a delivery to a business, but for construction and such. We had a call that they’re doing some concrete work at the Kwik Trip on Pilot Knob. We told them they just have to shorten their loads until load limits go off. This year, they may go o ff fairly quickly. If you go to MnDOT’s website, you can see the historical dates, on and off, in the metro area. Just a reminder – load limits are on. Director Omlid: On tonight’s Consent Agenda, you promoted Dan Schmidt from Parks Maintenance Worker to Lead Parks Maintenance Worker. I want to congratulate Dan in this well-deserved position and for him growing in that new role. Seasonal job postings are out there. We have Recreation Assistants (15+ years of age) and Seasonal Parks Maintenance (18+ years of age), so hop on the City’s website at www.FarmingtonMN.gov to apply. Probably only a couple more weeks to apply and then we’ll start interviewing. Welcome, David – happy to have you here and we look forward to working with you. Director Sommerland: I would also like to welcome David to our team and look forward to working with you, as well. Just a reminder to our viewers that the County will be sending out valuation notices this month, and this is the value that your taxes will be based on for next year. They will also have some information on there with regards to appealing the valuation. If you do not like that valuation, this would be the time and place to do it – they’ll have those instructions. Deputy Chief Siem: Welcome, David. Chief Rutherford: Welcome, David. And I brought a puppy. This is Moose and his handler, Officer Kyle Miller. Moose is our new Employee Wellness Dog. He’s currently in training and will be in training for quite a while. He’s here to lift spirits – see, look, everybody’s smiling, it’s already working. Page 15 of 158 Regular City Council Meeting Minutes of March 3, 2025 Page 5 of 5 Officer Miller – he’s doing great so far, and his trainers really love him. They say he’s super smart and we’re hoping that, by the end, we can start teaching him some fun tricks for community events and interacting with the public. Mayor Hoyt – through sponsorship with Enterprise, we received the funding that covered the cost of the acquisition of our dog, and another great community asset. Mayor Hoyt: The only thing I have to add on top of all the good information that has been shared, is welcome, David. Welcome to the team – I knew in the short time that we’ve had to chat, you’d be a tremendous asset to the team, and I look forward to all the collaboration we’re going to do over the years to come. For those watching, don’t forget that Daylight Savings Time is Saturday night into Sunday morning. Hopefully we dodge the snow that’s supposed to be here tomorrow night into Wednesday. Outside of that, shop local and support Farmington in all the ways. 14. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to adjourn the meeting at 7:42 pm. Motion carried: 5 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 16 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Temporary On-Sale Liquor License for Corinthian Lodge, April 26, 2025 Meeting: Regular Council - Mar 17 2025 INTRODUCTION: For Council approval is a Temporary On-Sale Liquor License application from Corinthian Lodge for an event to be held on April 26, 2025. DISCUSSION: The Corinthian Lodge is hosting an event on April 26, 2025 and are requesting approval of a Temporary On-Sale Liquor License. This event will be held inside the lodge building located at 326 Third Street, Farmington. ACTION REQUESTED: Approve the Temporary On-Sale Liquor License for Corinthian Lodge for an event to be held on April 26, 2025 at the Corinthian Lodge, 326 Third Street, Farmington. ATTACHMENTS: Corinthian Lodge Temp On-Sale Application Page 17 of 158 Minnesota Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date of organization Tax exempt number Organization Address (No PO Boxes) City State Zip Code Name of person making application Business phone Home phone Date(s) of event Type of organization Microdistillery Small Brewer Club Charitable Religious Other non-profit Organization officer's name City State Zip Code Organization officer's name City State Zip Code Organization officer's name City State Zip Code Location where permit will be used. If an outdoor area, describe. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved Fee Amount Permit Date Event in conjunction with a community festival Yes No City or County E-mail Address Current population of city Please Print Name of City Clerk or County Official Signature City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event No Temp Applications faxed or mailed. Only emailed. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US Minnesota Minnesota Minnesota Page 18 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community & Economic Development Director Department: Community Development Subject: Dakota County Community Development Agency-City of Farmington Local Affordable Housing Aid Agreement Meeting: Regular Council - Mar 17 2025 INTRODUCTION: With the passage of the $1.065 billion housing omnibus bill, the Local Affordable Housing Aid (LAHA) program was authorized, providing direct annual funding allocations to metro cities and counties for the purpose of developing and preserving housing. After meeting with the Dakota County Community Development Agency (CDA) regarding leveraging local LAHA funding and administering two specific programs - in November 2024, the City Council passed Resolution 2024- 96 authorizing the Dakota County CDA to administer the City's LAHA funds. The next step is entering into the Local Affordable Housing Aid Agreement between the City of Farmington and the Dakota County Community Development Agency. DISCUSSION: In November 2024, the City formally committed to partnering with the Dakota County CDA via Resolution 2024-96 to administer local LAHA funds. The CDA is the housing and economic development authority for the County and has well established, successful housing programs that are LAHA eligible. By agreeing to formally partner with the CDA, the CDA will administer the City's LAHA funds for two programs: 1. percent, zero providing - Program Loan Improvement Home Single-Family Expanded deferred loans up to $35,000, for income qualified homeowners, for home improvement projects Year Current concerns. integrity structural safety, healthy, prioritize that and Allocation (2024): $70,839.00 2. Radon Mitigation Grant Program - free radon testing services to clients of the CDA's Home Improvement Loan Program, along with free mitigation systems for those clients whose homes exceeding by determined as levels levels the the radon have allowable US Environmental Protection Agency. Current Year Allocation (2024): $8,855.00 The current year allocation (2024) must be fully expended by December 31, 2028. Through the Agreement, the CDA will act as the agent for the City to administer the LAHA funds according to State statutes, laws, and rules, assuming all duties and obligations that would otherwise be imposed upon the City as outlined in the Agreement. Once approved, the CDA will submit a written request for the 2024 funds to be released. The CDA will maintain complete records of LAHA funds received and disbursed, will provide to the City quarterly progress reports, and will prepare the annual report for the City to submit to the Minnesota Housing Finance Agency, as required. Page 19 of 158 Annually, the City will amend and reapprove Exhibit B of the Agreement - specifying funding levels for qualifying projects. BUDGET IMPACT: $79,694 - 100 percent of the City of Farmington's 2024 LAHA distribution. ACTION REQUESTED: Approve Resolution 2025-020 A Resolution Authorizing the Local Affordable Housing Aid Agreement between the City of Farmington and Dakota County Community Development Agency. ATTACHMENTS: 2025-020 Local Affordable Housing Aid Agreement Dakota County CDA Agenda Item_ Resolution 2024-96 Authorizing the Dakota County Community Development Agency to Administer Page 20 of 158 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-20 A RESOLUTION AUTHORIZING THE LOCAL AFFORDABLE HOUSING AID AGREEMENT BETWEEN THE CITY OF FARMINGTON AND DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY WHEREAS, the City of Farmington (City) is a recipient of newly created sales tax funded Local Affordable Housing Aid (LAHA) dollars from the State of Minnesota; and WHEREAS, the purpose of LAHA is to develop and preserve affordable housing and help persons who experience homelessness find housing; and WHEREAS, the City’s first annual allocation of LAHA funds for 2024 is $79,694.00; and WHEREAS, the City has three years to commit the 2024 funding (no later than December 31, 2027) and must spend the funds by December 31, 2028; and WHEREAS, if the City’s LAHA funds are not committed or spent in the required timeframe, funds will be returned to Minnesota Housing Finance Agency for statewide housing needs; and WHEREAS, the Dakota County Community Agency (CDA) is the housing and economic development authority for the County and has well established, successful housing programs that are LAHA eligible; and WHEREAS, the CDA has formally offered to partner with the City of Farmington to administer the LAHA funds specifically for two CDA programs: 1) the Home Improvement Loan Program in the amount of $70,839.00 and 2) the Radon Mitigation Grant Program in the amount of $8,855.00 (together “the Programs”); and WHEREAS, the CDA will act as the agent for the City to administer the funds in accordance with state statues, laws, and rules assuming all duties and obligations that would otherwise be imposed upon the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Farmington, Minnesota, that the City of Farmington authorizes the Mayor and City Clerk to execute the Local Affordable Housing Aid Agreement between the City of Farmington and Dakota County Community Development Agency (Exhibit 1). Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of March 2025. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 21 of 158 2 Exhibit 1: LOCAL AFFORDABLE HOUSING AID AGREEMENT between CITY of FARMINGTON and DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY THIS LOCAL AFFORDABLE HOUSING AID AGREEMENT (the “Agreement”) is entered into as of the __ day of , 2025 by and between the City of Farmington, Minnesota (the “City”), 430 Third Street, Farmington, Minnesota 55024, a municipal corporation and political subdivision of the state of Minnesota, and the Dakota County Community Development Agency (the “CDA”), 1228 Town Centre Drive, Eagan, Minnesota 55123, a public body politic and corporate; also referred to as “Party” or “Parties.” WHEREAS, the State of Minnesota created Local Affordable Housing Aid (“LAHA”) under Minnesota Statutes, Section 477A.35, as may be amended, which established distributions to metropolitan area counties and tier I cities located in a metropolitan county for qualifying projects as defined in Section 477A.35, subd. 4 (“Qualifying Projects”). WHEREAS, the City desires to engage the CDA to receive the City’s LAHA funds and administer Qualifying Projects on behalf of the City. WHEREAS, the CDA desires to serve in this role with its experience in and staffing of housing finance, preservation, and development. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the sufficiency is hereby acknowledged, it is agreed by and between the Parties as follows: 1. TERM. This Agreement shall commence as of the date written above and shall continue until all duties are fulfilled, unless sooner terminated under the terms of the Agreement. 2. DUTIES OF THE CDA. 2.1 Authorized to Act on Behalf of the City. The CDA shall act as the agent for the City to administer LAHA funds according to state statutes, laws, and rules. The CDA shall assume all duties and obligations that would otherwise be imposed upon the City, specifically: a. Spending the funds received under this Agreement on Qualifying Projects, including disbursements to the CDA, eligible individuals and subrecipients, as well as to contractors, affordable housing developers, and vendors, all after determining that the use meets all requirements of Qualifying Projects. b. Maintaining complete and accurate records of funds received and all disbursements. Page 22 of 158 3 c. Ensuring timely expenditure of LAHA funds by December 31 in the fourth year following the allocation of the funds by the Minnesota Department of Revenue. If funds cannot be spent on Qualifying Projects by the deadline due to factors outside of the control of the CDA, the CDA will work with the City to transfer funds to a local housing trust fund. d. Preparing an annual report, as required starting December 1, 2025, under Minnesota Statutes, Section 477A.35, subd. 6(b). 2.2 Compliance. The CDA shall comply with all applicable state and local LAHA requirements. 2.3 Identification and Use of LAHA Funds. a. All LAHA funds received and expended under this Agreement will be spent solely on Qualifying Projects defined under Minnesota Statutes, Section 477A.35, subd. 4. b. CDA will be responsible for the administration of those Qualifying Projects identified in Exhibit A, in a manner satisfactory to the City and consistent with any required standards. 3. USE OF FUNDS. 3.1 Qualifying Projects. Per Minnesota Statutes, Section 477A.35, a broad list of LAHA uses are defined as Qualifying Projects. The CDA has offered to administer on behalf of the City the LAHA collaboration Qualifying Projects identified in Exhibit A. Exhibit A will be amended if there are changes to the list of Qualifying Projects in Minnesota Statutes or the CDA and the City agree to changes in the Qualifying Projects. 3.2 Allocation of LAHA Funds to CDA. The City will annually take formal action by resolution to allocate LAHA funds to the CDA for one, two, or all LAHA collaboration Qualifying Projects. These changes will be reflected in Exhibit B, which the CDA will update annually and deliver to the City. The CDA reserves the right to update the adjustment of the LAHA collaboration Qualifying Projects, as needed, including ongoing activities from previous fiscal years. 4. TRANSFER OF FUNDS. 4.1 Transfer by the City. The City shall transfer the LAHA funds specified in Exhibit B received from the State to the CDA. Upon receipt of the annual authorizing City resolution, the CDA will submit a written request for the LAHA funds to the City. The Parties shall cooperate and mutually agree upon the amount, timing, and transfer of LAHA funds to the CDA. 4.2 Retention of Funds. The CDA shall deposit and maintain the LAHA funds received under this Agreement in a separate internal account. The CDA shall maintain Page 23 of 158 4 appropriate records of LAHA funds. The CDA shall administer and disburse all LAHA funds in accordance with this Agreement. 4.3 Program Income. Program income is the gross income received by the CDA that was generated from the use of the City’s LAHA funds. The primary example is the payment of principal on loans made using LAHA funds. Any program income generated from LAHA funds will be classified and distributed based on rules and guidance issued from the State as it becomes available. Any program income on hand at the end of the expiration of this Agreement or received after expiration of this Agreement shall be paid over to the City unless the City and the CDA have entered into subsequent agreements. 4.4 Funding Contingency. The CDA’s obligations under this Agreement are specifically contingent upon the disbursement of LAHA funds by the State and the City’s transfer of LAHA funds to the CDA. 4.5 CDA Expenses. Unless allowable as a Qualifying Project, administrative and salary expenses incurred by the CDA will be paid by the CDA’s special benefit levy and/or program service fees. If/when administrative and salary expenses are eligible, such costs will be assessed proportionally amongst the City and other CDA LAHA collaboration parties. 5. RECORDS AND REPORTS. 5.1 Records. The CDA shall maintain complete and accurate records of LAHA funds received and all disbursements. 5.2 Reports. The CDA shall prepare quarterly progress reports on the Qualifying Projects regarding project pipeline, project start and completion dates, amount spent on Qualifying Projects, and other information as requested. Identifying data for individual clients will be aggregated. The CDA shall prepare the annual report for the City to submit to the Minnesota Housing Finance Agency. 5.3 Access to Records. The CDA agrees to provide the City, its designated auditors, or any of its authorized representatives access to any financial reports, documents, papers, and records of the CDA that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. 5.4 Record Retention. Pursuant to Minnesota Statutes, Section 16C.05, subd.5, Minnesota Statutes, Section 16B.98, subd. 8 and applicable requirements, the CDA shall maintain records under this Agreement for a minimum of six (6) years from the end of this Agreement. Page 24 of 158 5 6. INDEMNIFICATION. 6.1 The CDA agrees to hold harmless, indemnify, and defend the City, its officials, agents, and employees against any and all third-party claims of whatever nature, expenses (including attorneys’ fees), losses, damages or lawsuits for damages that arise as a result of the willful misconduct, negligent acts, errors, and/or omissions of the CDA in the performance of this Agreement. 6.2 Nothing in this Agreement (including, but not limited to, indemnification or insurance provisions) shall be deemed a waiver by either Party of the limits of liability set forth in Minnesota Statutes, Section 466.04 or a waiver of any available immunities or defenses. The CDA’s obligation to hold and save harmless in this Agreement shall be limited by the limitations on liability set forth in Minnesota Statutes, Section 466.04, as may be amended from time to time. 6.3 The CDA shall notify the City within five (5) business days of actual receipt of any of the potential claims against the CDA that may arise as a consequence of any of the work or services performed or furnished by the CDA under the terms of this Agreement. 7. TERMINATION. If the CDA materially fails to fulfill its obligations under this Agreement, the City may suspend or terminate this Agreement upon written notice to the CDA specifying the reason for termination. If the Agreement is terminated, the CDA shall pay over any unexpended funds and program income to the City. The CDA shall no longer be responsible for reporting on LAHA funds. 8. DATA PRIVACY. All data collected, created, received, maintained, disseminated, or used for any purposes in the course of the CDA’s performance under this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 or any other applicable state statutes and any state rules adopted to implement LAHA, as well as state statutes and federal regulations on data privacy. The CDA agrees to abide by these statutes, rules, and regulations as they may be amended. 9. DISPUTE RESOLUTION. In the event that a dispute arises between the Parties as to the interpretation or performance of this Agreement, then upon written request of either Party, representatives with settlement authority for each Party shall meet and confer in good faith to resolve the dispute. If the Parties are unable to resolve the dispute, they shall make every effort to settle the dispute through mediation or other alternative dispute resolution methods. If the Parties are unable to resolve the dispute through these methods, either Party may commence an action in Dakota County District Court. 10. GENERAL PROVISIONS. 10.1 Compliance with Laws. The Parties shall abide by all applicable federal, state, or local laws, statutes, ordinances, rules, and regulations now in effect or hereunder adopted pertaining to activities governed by this Agreement. The CDA shall be responsible for the performance of any contractors unless otherwise agreed in writing. Page 25 of 158 6 10.2 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. 10.3 Independent Contractor. The CDA is an independent contractor and nothing herein shall be construed to create the relationship of employer and employee or joint venture between the City and the CDA. The CDA shall at all times be free to exercise initiative, judgment, and discretion as to how best to provide the services pursuant to this Agreement. The CDA acknowledges and agrees that the CDA is not entitled to receive any of the benefits received by City employees and is not eligible for workers or reemployment compensation benefits. 10.4 Modifications. Any alternations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by authorized representatives of the Parties. 10.5 Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity or enforceability of the remainder of this Agreement unless the part or parts which are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either Party. 10.6 Survival of Terms. The following components of this Agreement will survive the termination or expiration of this Agreement: 4.4, 5.1, 5.2, 5.3, 6, 7, and 8. 10.7 Assignment. Neither Party may assign any interest in this Agreement without prior written consent of the other Party. Any non-approved transfer, assignment or conveyance shall be void. 10.8 Certification and Signatures. a. Each Party certifies and warrants that it has the legal authority to enter into and perform under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. b. Each person executing this Agreement on behalf of a Party certifies and warrants that such person is duly and validly authorized to legally execute and bind the Party to the terms of this Agreement. c. The Parties agree that electronic signatures to this Agreement shall be as valid as original signatures of the Parties and shall be effective to bind the Parties to this Agreement. 10.9 Rights and Remedies. All rights and remedies available to either the City or the CDA under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Page 26 of 158 7 10.10 Notices. Notices required to be provided pursuant to this Agreement shall be provided to the following named persons and address unless otherwise stated in this Agreement or in an amendment to this Agreement. 10.11 Liaison. To assist the Parties in the day-to-day performance of this Agreement, liaisons shall be designated by the City and the CDA. The Parties shall keep each other continually informed. At the time of the execution of this Agreement, the following persons are the designated liaisons: For the City: Deanna Kuennen Community & Economic Development Director 430 Third Street Farmington, MN 55024 dkuennen@farmingtonmn.gov (651) 280-6820 For the CDA: Lisa Alfson Director of Community & Economic Development 1228 Town Centre Drive Eagan, MN 55123 lalfson@dakotacda.org (651) 657-4467 Page 27 of 158 8 IN TESTIMONY WHEREOF, the Parties hereto have caused these presents to be executed. City of Farmington, Minnesota By: Dated: Joshua Hoyt Its: Mayor By: Dated: Shirley R Buecksler Its: City Clerk Page 28 of 158 9 Dakota County Community Development Agency By: Dated: Joe Atkins Its: Chair, Board of Commissioners By: Dated: Tony Schertler Its: Executive Director Page 29 of 158 EXHIBIT A TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF FARMINGTON (City) Local Affordable Housing Aid (LAHA) funds will be committed to the following Qualifying Projects. CDA has offered to administer the following LAHA Collaboration Qualifying Projects on behalf of the City. 1. Expanded Single-Family Home Improvement Loan Program. Increase the number of loans made through the CDA’s Home Improvement Loan Program, which provides zero percent, deferred loans up to $35,000 for home improvement projects that prioritize health, safety, and structural integrity concerns. LAHA funds will be administered in accordance with the Home Improvement Loan Program policy and procedures handbook, as periodically amended. Households at or below 80% of the Area Median Income (AMI) will be prioritized. If/when there are no priority households on the waiting list to be served, the CDA will then consider serving households above 80% AMI to the maximum LAHA income limit of 115% AMI. 2. Radon Testing and Mitigation Grant Program. This grant program will provide free testing services to clients of the CDA’s Home Improvement Loan Program and will provide free mitigation systems for those clients whose homes have radon levels exceeding allowable levels, as determined by the US Environmental Protection Agency. The CDA will discuss with City the expansion of the program to other eligible homeowners if there is interest and CDA staff capacity. As the Home Improvement Loan Program and the Radon Testing and Mitigation Grant Program serve the same clients, the CDA reserves the right to combine the funding for these two programs into one account to best serve the needs of clients. 3. Residential Preservation and New Construction Gap Financing Program. This program will expand the existing CDA-administered gap financing resources for affordable residential multi- family and single-family preservation and new construction. The CDA will work with the City to identify potential projects that need gap financing. Page 30 of 158 11 EXHIBIT B TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF FARMINGTON (City) Local Affordable Housing Aid (LAHA) funds will be committed to the following Qualifying Projects. Exhibit B will be amended on an annual basis, or as needed, through the term of this Agreement. CURRENT YEAR ALLOCATION – 2024 All funds must be committed by December 31, 2027, and fully expended by December 31, 2028  Qualifying Project 1: HOME IMPROVEMENT LOAN PROGRAM – Administered by CDA • Description: The Home Improvement Loan Program assists low and moderate-income homeowners in improving and maintaining their homes in a decent, safe, and sanitary condition. The program offers deferred loans up to $35,000 with zero percent interest rates to homeowners earning 115 percent or below area median income, and prioritizing homeowners with incomes at or below 80 percent area median income. • Schedule: Ongoing • Budget: $ 70,839.00 (90 percent of 2024 LAHA distribution to City)  Qualifying Project 2: RADON TESTING AND MITIGATION GRANT PROGRAM – Administered by CDA • Description: The Radon Testing and Mitigation Grant Program assists clients of the Home Improvement Loan Program with free radon testing and installation of a mitigation system, if needed. Clients will receive free radon tests to be performed by professional radon testing providers. Clients whose homes have radon levels greater than 4.0 pCi/L (picocuries of radon per liter of air) will receive a mitigation system. Every effort will be made to ensure the radon levels in the subject homes post-mitigation will not exceed 2.0 pCi/L. • Schedule: Ongoing • Budget: $ 8,855.00 (10 percent of LAHA distribution to City) Page 31 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community & Economic Development Director Department: Community Development Subject: Resolution 2024-96 Authorizing the Dakota County Community Development Agency to Administer City Local Affordable Housing Aid (LAHA) Funds Meeting: Regular Council - Nov 04 2024 INTRODUCTION: On May 15, 2023, Governor Walz signed the $1.065 billion housing omnibus bill, creating Local Affordable Housing Aid (LAHA) that provides direct annual allocations to metro cities and counties for the purpose of developing and preserving affordable housing. On July 1, 2024 - Dakota County Community Development Agency (CDA) Staff and Commissioner Slavik attended a City Council work session to discuss acting as the administrator of city LAHA funds, proposing potential programs and ways to assist in the deployment of LAHA in the communities. Based on the outcomes of that discussion, and with the discussions held in a total of nine Dakota County cities, the CDA has formalized their offer to be the administrator of local LAHA funds. They propose leveraging local LAHA funding to administering two programs: 1) an expansion of the CDA's existing Home Improvement Loan Program (rehab program); and 2) a new radon mitigation grant program that will be paired with the rehab program. The CDA has experience in administering such programs and the necessary staff capacity to administer the programs and fulfill all reporting requirements. The CDA is asking communities who wish to collaborate, to commit a minimum funding amount to the programs for a three-year term. Farmington received $88,549.46 this year and is estimated to receive $281,120, and $289,529 respectively in years two and three. Estimated LAHA Funding: Page 32 of 158 DISCUSSION: The housing omnibus bill signed by Governor Walz created a new 0.25 percent metro sales tax to fund rental assistance, as well as the Local Affordable Housing Aid (LAHA) that provides direct annual allocations to metro cities and counties for the purpose of developing and preserving affordable housing. The qualifying uses of the funds are broad and range from preservation and Page 33 of 158 new construction of income-qualified rental units, preservation and new construction of income- qualified homeownership units, financial support to non-housing providers, and emergency rental assistance to income-eligible households. The funding requires annual reporting beginning December 1, 2025 - and cities and counties have three years to commit the funds and another year to fully spend the funds. At the July work session, the City Council discussed, in depth, possible program ideas and ways to utilize the LAHA funds. It was concluded that without leveraging the funds, the City of Farmington would be very limited on what could be accomplished alone. In addition, existing staff does not have the expertise or capacity to develop and deploy new housing programs at this time. The Dakota County CDA administers the city's CDBG funds currently and does have the capacity and expertise required and programming eligible perform efficiently and effectively to provide administrative tasked associated with the LAHA funds. After meeting with nine Dakota County communities, the Dakota County CDA is offering to formally collaborate with cities to administer two programs: 1. An expansion of the existing Home Improvement Loan Program (rehab program) 2. A new Radon Mitigation Grant Program that will be paired with the rehab program In addition, the CDA Board of Commissioners approved the use of CDA levy funds to pay for a full- time home improvement advisor to administer and deploy LAHA funds. This additional staff capacity ensures that the CDA can deploy approximately $1.2 million of LAHA funds. This includes administering the programs; appropriately allocating and expending LAHA funds on eligible uses; hiring and supervising staff; providing regular updates to city partners; and completing reporting requirements for the LAHA funds administered by the CDA. Cities are requested to formally commit to partnering with the Dakota County CDA by December 2, 2024, via resolution and ultimately enter into a joint powers agreement. Attached is a letter from Tony Schertler, Executive Director of the Dakota County CDA - outlining the programs being offered with a proposed term sheet, along with program overviews. BUDGET IMPACT: LAHA funds received by the City of Farmington would be directed to the CDA to hold, track, and administer. No additional costs are anticipated. ACTION REQUESTED: The City Council is asked to consider approval of Resolution 2024-96 authorizing the Dakota County This funds. (LAHA) Aid Housing Local Farmington's administer to CDA Affordable resolution also authorizes the mayor to execute the forthcoming joint powers agreement related to this partnership with the Dakota County CDA. ATTACHMENTS: RESOLUTION 2024-96 - Authorizing CDA to Administer LAHA Funds for Farmington LAHA.Collaboration.Memo.Farmington 2024 Expanded Home Imrpovement Loan Program Overview 2024 Radon Mitigation Grant Program Overview Page 34 of 158 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-96 A RESOLUTION AUTHORIZING THE DAKOTA COUNTY DEVELOPMENT AGENCY TO ADMINISTER CITY LOCAL AFFORDABLE HOUSING AID FUNDS WHEREAS, the City of Farmington (City) is a recipient of newly created sales tax funded Local Affordable Housing Aid (LAHA) dollars from the State of Minnesota; and WHEREAS, the purpose of LAHA is to develop and preserve affordable housing and help persons who experience homelessness find housing; and WHEREAS, the City’s first annual allocation of LAHA funds for 2024 is $88,549.46 and estimates provided by the Department of Revenue indicate that Farmington is expected to receive $281,120 in year two and $289,529 in year three; and WHEREAS, the City has three years to commit the 2024 funding (no later than December 31, 2027) and must spend the funds by December 31, 2028; and WHEREAS, if the City’s LAHA funds are not committed or spent in the required timeframe, funds will be returned to Minnesota Housing Finance Agency for statewide housing needs; and WHEREAS, the Dakota County Community Agency (CDA) is the housing and economic development authority for the County and has well established, successful housing programs that are LAHA eligible; and WHEREAS, the CDA has formally offered to partner with Dakota County communities to administer the LAHA funds specifically for two CDA programs: 1) the Home Improvement Loan Program and 2) the Radon Mitigation Grant Program (together “the Programs”); and WHEREAS, the CDA has requested that cities provide a formal response by December 2, 2024, regarding interest in partnering with the CDA on the administration of the City’s LAHA funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Farmington, Minnesota, that the City of Farmington approves the following: 1. Designation of the Dakota County CDA as the entity to carry out certain administrative duties related to the Local Affordable Housing Aid (LAHA) program on behalf of the City of Farmington, subject to a future joint powers agreement to be executed between the two parties. 2. The City allocates 100-percent of its LAHA funds to the two CDA programs offered, for a time specifically identified in the joint powers agreement: Page 35 of 158 a. Home Improvement Loan Program (90-percent) b. Radon Mitigation Grant Program (10-percent) 3. The Mayor for the City of Farmington is authorized to execute the joint powers agreement related to partnership with the Dakota County CDA. Adopted by the City Council of the City of Farmington, Minnesota, this 4th day of November 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 36 of 158 To: City of Farmington From: Dakota County Community Development Agency Date: September 30, 2024 Re: Local Affordable Housing Aid (LAHA) Collaboration Opportunity Dakota County Community Development Agency (CDA) staff were invited to nine Dakota County cities from June – September 2024 to discuss the Local Affordable Housing Aid (LAHA) funds and potential collaboration opportunities. CDA staff appreciated learning more about the housing needs within your communities and how we can work together to make a difference with this new funding source exclusively for affordable housing. The first portion of 2024 LAHA funds have been distributed to the metro cities and counties. LAHA recipients have three years to commit the funds and another year to fully spend the funds. If the funds are not spent within those four years, the funds will be returned to the State. Annual reporting will begin December 1, 2025, with the reporting instrument yet to be developed by the Minnesota Housing Finance Agency (MHFA). Based upon the well-received LAHA conversations, the CDA is formally requesting to collaborate with the cities to administer two programs: 1) an expansion of the CDA’s existing Home Improvement Loan Program (rehab program); and 2) a new radon mitigation grant program that will be paired with the rehab program. The CDA will continue to have conversations with cities about utilizing LAHA funds for preservation and new construction gap financing, but we are not requesting cities commit to participating in that program at this time. We are only asking for a decision to collaborate on the rehab program and radon mitigation program so that we can add staff capacity to effectively deploy city LAHA funds. LAHA funds cannot currently be used to pay for administrative expenses. At its September 25 meeting, the CDA Board of Commissioners approved the use of CDA levy funds to pay for a full-time home improvement advisor to administer and deploy city LAHA funds. The use of LAHA for administration dollars will be tracked, evaluated, and advocated for at the State to be an eligible use. If statutory authority ever allows LAHA to be used for administrative expenses, the CDA will determine a formula and will amend agreements with cities. With the additional staff capacity, we estimate that we could deploy approximately $1.2 million of LAHA on the expanded rehab program and the new radon mitigation grant program. We are asking for cities to commit a minimum amount to the programs for a three-year term. Those Page 37 of 158 cities that choose not to participate in 2024 may, of course, decide to collaborate with the CDA in the future. As an administrator of LAHA funds on behalf of the city partners, the CDA will be responsible for: administering the programs; appropriately allocating and expending LAHA funds on eligible uses; hiring and supervising staff; providing regular updates to city staff; and completing reporting requirements for the LAHA funds administered by the CDA. See the attached CDA/City LAHA Partnership Proposed Term Sheet for additional information. The CDA is requesting a formal response from cities no later than Monday, December 2, 2024, stating if the city will collaborate with the CDA on the two programs offered for the 2024 LAHA funds. A formal response must be taken by the city elected officials in the form of a resolution. A sample resolution is attached for your consideration. After responses are received, CDA staff will work with city staff to draft joint powers agreements (JPA). Approving a resolution in support of collaborating does not mean a city must sign the JPA if the CDA and the city cannot agree upon the terms. We look forward to working with your community on this important resource to improve existing housing stock in Dakota County. Please contact Lisa Alfson at lalfson@dakotacda.org or 651- 675-4467 if you have any questions. Best regards, Tony Schertler Executive Director Page 38 of 158 Dakota County CDA-City Local Affordable Housing Aid (LAHA) Partnership PROPOSED Term Sheet The Dakota County CDA (CDA) provides housing and economic development assistance to residents and cities in Dakota County. As a leader in affordable housing and community development, the CDA seeks to partner with interested Dakota County municipalities to use their LAHA funds for three programs that are considered qualifying projects as defined in Minnesota Statutes 477A.35. The CDA will enter into Joint Powers Agreements (JPAs) with each city for the administration of the LAHA funds. Here are the proposed terms for the partnership between the cities and CDA for the administration of the LAHA dollars. The CDA is open to discussing these proposed terms and how they can be improved to best serve the needs of the cities and the CDA. 1. Expanded Home Improvement Loan Program (Rehab Program): LAHA funds will be administered in accordance with the Home Improvement Loan Program policy and procedures handbook. Households at or below the 80% Area Median Income (AMI) will be prioritized. If/when there are no priority households on the waiting list to be served, the CDA will then consider serving households above 80% AMI to the maximum LAHA income limit of 115% AMI. See attached program summary for details. 2. Radon Mitigation Grant Program: This newly created grant program will pay for the radon testing and installation of a mitigation system, if needed. At this time, this program will only be for clients of the Rehab Program. See attached program summary for details. 3. Timeframe: The CDA is requesting to enter into a multi-year agreement (3-5 years) on agreed terms. Each city will decide annually whether it wants to continue providing its LAHA funds to the CDA for the proposed programs. Each city’s annual allocation for the proposed programs will be an addendum to the agreement. Previous years’ funds will remain with the CDA under the terms of the agreement. 4. Reporting: The CDA will provide data and will complete reporting forms for city partners that the cities will need to submit to the Minnesota Housing Finance Agency (MHFA). Because the CDA is not a direct recipient of LAHA funds, we do not believe we can submit the forms to MHFA. However, we will provide all requested information related to the CDA-administered programs in whatever form is required by MHFA. The CDA will provide quarterly reports to the cities regarding project pipeline, project start and completion dates, amount spent on project, and other information as requested. Identifying data for individual clients for the Rehab and Radon programs will be aggregated by city. Page 39 of 158 5. Funding Commitment: If your community chooses to allocate funds to the Rehab and Radon mitigation programs, the CDA respectfully requests cities commit the same amount of funding or more each year for a minimum of three years. Having a baseline funding amount and a funding commitment creates stability for the programs and allows rehab staff to work through waiting lists for the programs. Additionally, a stable funding source gives the CDA the confidence to hire additional staff to administer the cities’ LAHA funds. 6. Program Income: As loans from the Rehab program are paid back, the CDA could retain these funds in individual city accounts and reuse the funds for other affordable housing projects. The CDA anticipates recycling Rehab loan payoffs for future single-family home loans. 7. Administrative Costs: Because the legislation does not allow LAHA to be used for administrative costs, the CDA Board has committed CDA levy funds to support an additional home improvement advisor to assist with the deployment of the cities’ LAHA funds. However, if/when there is a change in the LAHA legislation to allow these funds to be used for administrative costs, the CDA will request that a portion of the LAHA funds be used for administrative costs rather than the CDA’s levy. 8. Withdrawal: Either the city or the CDA may withdraw from the JPA at the end of the term of the agreement or when committed LAHA funds have been expended on qualifying projects. Neither the city nor the CDA may withdrawal from the agreement until the end of the term unless mutually agreed upon. 9. Finances: The CDA is proposing to hold and track CDA-administered LAHA funds on behalf of the cities. Page 40 of 158 Project Proposal: Expanded Single-Family Home Improvement Loan Program Project Purpose: Expand the existing CDA-administered Home Improvement Loan Program to include Local Affordable Housing Aid (LAHA) funding. The expanded Home Improvement Loan Program would be available to residents earning no more than 80% of Area Median Income (AMI). Those homeowners who earn between 81-115% AMI in cities that contribute to the expanded Home Improvement Loan Program will be placed on a waitlist and will be eligible for the program only if there are no homeowners below 80% AMI on the waitlist. Project Objectives: • Continue to improve the housing stock of Dakota County. • Expand existing program with proven results to more income-eligible residents of County. • Provide cities with a way to use LAHA for an existing housing program. • Diversify funding resources for an existing CDA program. Project Outcomes: • Increase number of homes improved from 60-70 per year to 115-120 per year after Year 2 of infusion of cities’ LAHA funds. Project Details: • Provide deferred 0% loans of up to $35,000 for home improvement projects. • Home improvement projects prioritize health, safety, and structural integrity issues. o Common improvements include new roofs, siding, HVAC systems, windows, building foundation or other structural updates, accessibility improvements, kitchens and bathrooms(accessibility). o Other improvements would be considered if they address health and safety issues or otherwise improve the value of the home. Common improvements are repairs or replacement of detached garages, kitchens and bathrooms (non-accessibility), driveway replacement/repair • Homeowners must be income eligible and meet other CDA program requirements, e.g. own and reside in home, meet credit standards, be current on property taxes, properties must be at least 15 years old, etc. o CDBG funds require 80% AMI cap o LAHA requires 115% AMI cap • Eligible homeowners with incomes at or below 80% AMI could use either countywide and city CDBG and cities’ LAHA funds. • Eligible homeowners with incomes between 81-115% AMI would use only available city LAHA funds and only if there are no homeowners with incomes at or below 80% in that city. • Program income generated from LAHA would be used for future home improvement loans, similar to the CDBG program. The CDA would track program income and deposit into individual city accounts. Page 41 of 158 Project Funding: • Current CDBG entitlement funding totals $1,193,635 for FY 2023, which includes cities and Dakota County CDBG allocated to the CDA’s existing Home Improvement Loan Program. • CDA spends approximately $1,900,000 to rehab 70 homes in a fiscal year, on average. These loans are currently financed primarily with federal Community Development Block Grant (CDBG) funds, though there are some CDA levy dollars included. o Takes about 18 months to fully expend a year’s worth of CDBG and program income. o Funds are replenished annually, provided Congress funds the CDBG program. • Future LAHA – CDA estimates it could successfully deploy an additional approximately $1,400,000 to rehabilitate an additional 55 loans per year after first full year of additional funds. • Individual cities contributing their LAHA funds to the expanded Home Improvement Loan Program would have separate subaccounts that will be tracked by CDA staff. Project Staff: • Existing staff: o 1 FT Rehab Coordinator o 1 FT Rehab Advisor o 1 FT PSA o 2 Rehab Advisor contractors – each takes 5-7 files per year, total of 15 • One additional FT Rehab Advisor will be needed to deploy city LAHA funds. The CDA Board of Commissioners has committed to funding this position with CDA levy until the Local Affordable Housing Aid legislation is changed to allow LAHA funds to be used for administrative costs. At that time, the CDA will work with cities to use a portion of the LAHA funds for the Rehab Advisor position. Project Reporting: The CDA would provide annual reports to participating cities and Dakota County. The annual report would include the following: o Community’s contribution to program that fiscal year o Number of loans using LAHA o LAHA funds expended o Program income generated Page 42 of 158 Proposed Project: Dakota County Homeowner Radon Testing and Mitigation Grant Program Project Purpose: The average radon level in Minnesota is more than three times higher than the U.S. radon level. This is due to our geology and how our homes operate. Minnesota homes are closed up or heated most of the year, which can result in higher levels of radon. In Minnesota, more than two in five homes have radon levels that pose a significant health risk. Exposure to radon over a prolonged period can lead to lung cancer. Minnesota Department of Health website The Environmental Protection Agency (EPA) has set the action level at 4 pCi/L (picocuries of radon per liter of air). The Minnesota Department of Health recommends installing a radon mitigation system when the radon level is at 4 pCi/L or higher. Between 2 and 4 pCi/L, a radon mitigation system should be considered to lower the level as much as possible. The average indoor radon level in Dakota County is 3.6 pCi/L as determined by radon test results from AirChek, an at-home radon testing company. There is no safe level of radon in a home. The proposed Homeowner Radon Testing and Mitigation Grant program would provide free testing services to clients of the Home Improvement Loan Program and would provide free mitigation services for those residents whose homes have radon levels greater than 2.6 pCi/L. A lower radon level was chosen as the benchmark in order to reduce radon levels in existing homes as much as possible. The Radon Grant Program will be paired with the CDA’s Home Improvement Loan Program. Homeowners in the Home Improvement Loan Program have incomes at or below 80% of Area Median Income. By pairing a Radon grant with a Home Improvement Loan, homeowners can stretch their loans to cover more items that need improvement. Project Objectives: • Continue to improve the housing stock of Dakota County. • Reduce potential future risk of lung cancers in Dakota County residents. • Provide cities with a way to use Local Affordable Housing Aid (LAHA). Project Outcomes: • Test at least 50 homes in Dakota County for radon per year. The homes will be those of clients in the Home Improvement Loan Program. • Install radon mitigation systems in all homes assessed for radon with levels greater than 2.6 pCi/L per year, subject to available funding. • Reduce the number of homes with high radon levels. Mitigation systems would be required to reduce radon to < 2.0 pCi/L. Project Details: • Provide grants to clients of the Home Improvement Loan Program to test for and mitigate radon when levels are 2.6 pCi/L or greater. Page 43 of 158 • Homeowners must own and reside in home, be current on property taxes, and be income eligible. o CDBG funds require 80% AMI cap o Sales tax funds require 115% AMI cap • Homeowners would need to sign a grant agreement if they are recipients. • Homeowners will solicit bids from two licensed mitigators; CDA will evaluate bids for cost reasonableness. • CDA will pay mitigators upon completion of project and satisfactory clearance test numbers (< 2.0). Project Funding: • Funding exclusively through LAHA funds. • Estimate program would need $200,000 per year to assess for and install radon mitigation systems in at least 50 homes per year. • LAHA funds would be placed in individual city accounts at the CDA and will be spent within the four-year spending deadline. • The individual city accounts will be tracked by the CDA. Project Staff: • The Radon Mitigation Grant program would use existing Home Improvement Loan Program staff and the additional Home Improvement Loan Program staff that will be hired to deploy LAHA funds. Project Reporting: The CDA would provide annual reports to participating cities and Dakota County. The annual report would include the following: o Community’s contribution to program that fiscal year. o Number of grants using LAHA funds. o Amount spent per year. Page 44 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: 2024 Investment Portfolio Overview Meeting: Regular Council - Mar 17 2025 INTRODUCTION: In accordance with the City’s investment policy, Staff annually provides City Council with an overview of the City’s cash and investment portfolio. DISCUSSION: As of December 31, 2024, the City’s investment portfolio had a market value of $65.2 million with deposits held at Old National Bank and Castle Rock Bank, and investments with Oppenheimer & Co., Moreton Capital Markets, and RBC Capital Markets. One of the challenges to investing City funds is balancing the short-term cash flow needs of daily operations with the needs to cash flow infrastructure projects and long-term needs such as semi- annual debt service. At all times, the three primary objectives of the City’s investment policy must be considered when investing City funds. These objectives in order of importance are safety, liquidity, and yield/return. Page 45 of 158 Minnesota Cities may invest in a variety of investment instruments as defined in Minnesota State Statute Section 118A.04 which include options such as U.S. government securities, state and local securities, commercial paper, and time deposits. At year end, municipal securities accounted for the largest percentage, 42%, of the City’s portfolio. U.S. agencies, which accounted for 24% of the total portfolio at the end of 2024, included Fannie Mae (FNMA), Federal Farm Credit Bank (FFCB), Federal Home Loan Bank (FHLB), Freddie Mac (FHLMC), Farmer Mac (FAMC) and Tennessee Valley Authority (TVA). In addition, certificates of deposit (CDs) accounted for 16% of the portfolio, while U.S. treasuries represented 7%. Rounding out the City’s portfolio were deposits with Old National Bank, Castle Rock Bank, and money market funds with Oppenheimer & Co., Moreton Capital Markets and RBC Capital Markets. The City intentionally ladders its investment maturities so that each month an investment or investments matures to meet the cash flow needs for that period. The City’s longest investment maturity as of December 31, 2024, was just short of six years, maturing in 2030. The portfolio's maturity breakdown is as follows: approximately 36% of investments mature in one year or less, 54% mature between one and five years, and 10% mature in more than five years. According to the City’s investment policy, no more than 30% of the total investments can have maturities exceeding five years, and no investment can have a maturity longer than 15 years. Page 46 of 158 The total yield of the City’s investment portfolio as of December 31, 2024, was 3.603 percent, which is a slight increase from 3.276 percent in 2023. Individual yields for investments held at 12/31/2024 ranged from 0.100 percent (Castle Rock Bank) to 5.350 percent. This compares to 2023 when yields ranged from 0.350 percent to 5.443 percent. Mark-To-Market Governmental Accounting Standards Board (GASB) standards require that entities adjust and report in their financial statements the value of investments as determined by current market conditions as of December 31 each year. The market value represents the amount that the City would receive for the investment if it was sold at that time. However, since the City purchases investments with the intention of holding investments to maturity, reported mark-to-market gains or losses are not typically realized. BUDGET IMPACT: The City had an investment income budget of $51,179 for 2024. Actual investment income for the year, prior to any mark-to-market adjustments, was $2,047,575. This is an increase of $651,142 from the actual investment income for 2023, which was $1,396,433. ACTION REQUESTED: Accept the annual investment report. ATTACHMENTS: 12 31 2024 Portfolio by Security Type - Summary Page 47 of 158 Description YTM @ Cost Face Amount/Shares Cost Value Book Value Market Value Days To Maturity Accrued Interest % of Portfolio Sub Total / Average FAMC Bond 4.558 1,000,000.00 982,090.00 984,926.30 982,160.00 1,605 4,285.83 1.47 Sub Total / Average FFCB Bond 4.162 4,310,000.00 4,132,360.00 4,165,569.89 4,109,530.90 1,014 32,232.26 6.35 Sub Total / Average FHLB Bond 4.090 6,480,000.00 6,137,219.90 6,378,292.38 6,342,753.80 498 19,460.66 9.55 Sub Total / Average FHLMC Bond 4.208 1,200,000.00 1,144,860.00 1,183,955.39 1,182,766.80 228 610.46 1.77 Sub Total / Average FNMA Bond 2.298 2,400,000.00 2,356,940.00 2,387,492.11 2,330,031.00 304 9,460.00 3.54 Sub Total / Average Money Market 4.280 7,552,353.55 7,552,353.55 7,552,353.55 7,552,353.55 1 0.00 11.13 Sub Total / Average Municipal Bond 3.283 29,310,000.00 28,054,145.50 27,922,255.76 27,240,605.20 1,084 193,313.64 43.21 Sub Total / Average Negotiable Certificate Of Deposit 3.326 10,262,000.00 10,262,000.00 10,262,000.00 10,214,775.37 504 62,178.47 15.13 Sub Total / Average Treasury Note 4.175 4,520,000.00 4,450,815.24 4,501,175.33 4,497,389.60 406 52,335.88 6.66 Sub Total / Average TVA Bond 4.120 800,000.00 738,648.00 790,598.73 789,656.00 135 766.67 1.18 Total / Average 3.603 67,834,353.55 65,811,432.19 66,128,619.44 65,242,022.22 724 374,643.87 100 Municipal Bond Negotiable Certificate Of Deposit Treasury Note TVA Bond FAMC Bond FFCB Bond FHLB Bond FHLMC Bond FNMA Bond As of 12/31/2024 City of Farmington Portfolio Holdings Investment Portfolio - by Security Type Money Market Pa g e 4 8 o f 1 5 8 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Mar 17 2025 INTRODUCTION: Minnesota Statutes require that all claims for payment be presented to the City Council for review and approval. DISCUSSION: The City Council has established a process to review and approve claims for payment at each regular meeting. The list of claims for the period of 02/27/2025 to 03/11/2025 is being presented for consideration, ensuring compliance with state law and maintaining proper financial oversight. BUDGET IMPACT: The claims paid will reduce the available budget for the accounts listed in the detailed report provided to the Council. ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: Council Summary Payment of Claims 03-17-2025 Page 49 of 158 CLAIMS FOR APPROVAL 02/27/2025-03/11/2025 CHECK PAYMENTS 1,022,217.70$ ELECTRONIC PAYMENTS 744,331.84$ TOTAL 1,766,549.54$ 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 March 17, 2025 Page 50 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: David Chanski, Asst City Admin/HR Director Department: HR Subject: Apple Valley/Farmington/Rosemount Cable Commission PEG Payment Agreement Meeting: Regular Council - Mar 17 2025 INTRODUCTION: Staff is seeking authorization for the Apple Valley, Farmington, Rosemount Cable Commission (Commission) to sign an agreement with Spectrum Mid-America, LLC (Charter), to pay the Commission cities a collective lump sum advance payment for projected PEG revenues for the remainder of the franchise term. The lump sum would then be distributed to the individual member cities based on the JPA formula. DISCUSSION: The three Cities jointly operate under the Cable Commission, but each have an individual cable franchise agreement/ordinance with the cable company. The franchise ordinances were developed in partnership and are virtually identical language for each City. Each individual franchise imposes a franchise fee, which is collected by the individual franchising City. All three Cities have adopted the same fee rate, and each collects its own fee revenues from the cable company. The initial fee rates charged by the Cities were set based on projected combined cable capital needs for the three Cities and the projected combined PEG revenues received by the three Cities. However, due to declining cable subscribers, the franchise language anticipated that PEG revenues could trend downward, falling short of the needed amount to meet the capital needs of the Cities over the course of the franchise. So, each franchise has a provision to adjust (increase) the PEG fee during the middle of the franchise. The Cities collectively approached Charter about adjusting the PEG fees last year. Charter proposed an alternative of, essentially, paying an upfront settlement for the needed capital amount, which would allow Charter to determine the amount of the PEG fee it wants to impose, rather than letting the Cities make the adjustment to the fees. In this proposal, the "risk" associated with collecting the PEG funds would fall on Charter, rather than the Cities having to correctly project the PEG required to meet the projected capital amount. The individual City ordinances are written to impose a monthly fee. The attached settlement has been drafted by the City's cable attorney to allow an upfront payment to the three Cities, collectively. This resolution allows each City to authorize the Commission to approve the agreement on behalf of the three Cities. Since the agreement is a collective settlement amount, the ultimate agreement will need to be with the Commission. The Commission would then assign portions of the settlement payment to each member City based on its funding formula. Page 51 of 158 The Telecommunications Advisory Committee reviewed this issue at its meeting on March 3, 2025 and recommended that the City Council authorize the Commission to sign such a substantially similar agreement, subject to the final approval of the City's cable attorney. BUDGET IMPACT: The settlement amount is $451,972.50 to the Commission on behalf of the three Cities. Farmington's share would be approximately $90,000. ACTION REQUESTED: Adopt Resolution 2025-019 Authorizing the Apple Valley / Farmington / Rosemount Cable Commission to Sign a PEG Payment Agreement with Spectrum Mid-America LLC. ATTACHMENTS: Resolution 2025-019 Authorizing Cable Commission to Sign PEG Payment Agreement with Spectrum Mid-America LLC Page 52 of 158 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-019 A RESOLUTION AUTHORIZING THE APPLE VALLEY / FARMINGTON / ROSEMOUNT CABLE COMMISSION TO SIGN A PEG PAYMENT AGREEMENT WITH SPECTRUM MID-AMERICA LLC WHEREAS, on August 16, 1999, the City Council of the City of Farmington approved a Joint Powers Agreement with the Cities of Apple Valley and Rosemount to form the Apple Valley/Farmington/Rosemount Cable Commission (“Commission”); and WHEREAS, the general purpose of the Commission is to monitor the operation and activities of the Members’ cable and telecommunications systems, to provide coordination of administration and enforcement of the franchises for their respective systems, and to conduct other activities as specified by the Joint Powers Agreement; and WHEREAS, on June 21, 2018, the City Council of the City of Farmington approved Ordinance No. 018-739 Granting a Franchise Renewal to Charter Cable Partners, LLC, to Construct, Operate, and Maintain a Cable System in the City of Farmington; and WHEREAS, in January 2019, the cable franchise transferred from Charter Cable Partners, LLC, to Spectrum Mid-America, LLC; and WHEREAS, Ordinance No. 018-739, Exhibit B.6., requires Spectrum Mid-America, LLC, and any additional cable providers to collectively remit a maximum of One Million Three Hundred Thousand Dollars ($1,300,000.00) to the Commission during the initial term of the franchise for capital support of PEG (“PEG Fee”), whereby Spectrum Mid-America, LLC, shall be required to collect a PEG Fee of seventy-five cents ($0.75) per subscriber per month for at least the first six years of the franchise term; and WHEREAS, Ordinance No. 018-739, Exhibit B.6., allows Spectrum Mid-America, LLC, and the Commission to review the PEG Fee after the first six years of the franchise term to determine if an adjustment to the PEG Fee is warranted; and WHEREAS, Spectrum Mid-America, LLC, has submitted a request to the Commission to remit a single payment to the Commission to satisfy the remainder of the PEG Fees due pursuant to the members’ franchises and, in response to this request, the Commission has negotiated a PEG Payment Agreement with Spectrum Mid-America, LLC. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Farmington that the Apple Valley/Farmington/Rosemount Cable Commission is hereby authorized to approve and sign a PEG Payment Agreement with Spectrum Mid-America, LLC. Page 53 of 158 Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of March 2025. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 54 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: David Chanski, Asst City Admin/HR Director Department: HR Subject: Staff Approvals and Recommendations Meeting: Regular Council - Mar 17 2025 INTRODUCTION: Staff recommends the appointment of Torri Wolf as Senior Administrative Support Technician within the Public Works Department. DISCUSSION: Works Public the within position new is Technician Support Administrative Senior The a Department that was included in the 2025 Budget. Torri has excelled in her time with the City as one of the primary faces people see when they come into City Hall, and we are excited to see her take on new challenges within the Public Works Department. BUDGET IMPACT: The position was included in the 2025 Budget. ACTION REQUESTED: Approve the appointment of Torri Wolf for the Senior Administrative Support Technician position within the Public Works Department. Page 55 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Joint Powers Agreement for the 4th and Willow TSS Reduction Project Between the Vermillion River Watershed Joint Powers Organization, the City of Farmington, and Dakota County Meeting: Regular Council - Mar 17 2025 INTRODUCTION: In early 2023, the City completed an assessment of sub-watersheds flowing into the Vermillion River to identify Best Management Practices (BMP's) for reducing Total Suspended Solids (TSS) and/or Total Phosphorous (TP) loading to the river. Based on this study information, the Vermillion River Watershed Joint Powers Organization (VRWJPO) successfully applied for a Minnesota Board of Water and Soil Resources (BWSR) 2024-2025 Watershed Based Implementation Funding (WBIF) grant to implement a BMP on the west side of the 4th Street/Willow Street Intersection. The City, VRWJPO, and Dakota County need to enter into a Joint Powers Agreement (JPA) to receive the grant funding. DISCUSSION: The 4th/Willow sub-watershed outfall to the Vermillion River has a contributing area of about 161 acres, as shown on the attached Figure 4a. Much of this area was built before most stormwater regulations were in place and drains to the Vermillion River with little or no treatment. The implementation of a pretreatment structure at this location, with annual maintenance, would remove an estimated 39,122 pounds of TSS per year. As described by the MPCA, these pretreatment structures know as hydrodynamic separators "create flow patterns and flow conditions that help remove suspended sediments during low flow conditions" and "include a permanent pool for sedimentation and a solid baffle or inverted outlet pipe to provide skimming to trap floatables." As noted in the JPA, the City is the lead agency for design and construction administration of the project. The VRWJPO and Dakota County will need to approve the plans and specifications prior to the City advertising for bids. The City will pay the consultants and contractors directly, then request reimbursement via the JPA. BUDGET IMPACT: The estimated project cost for the 4th/Willow BMP is $117,120 as identified in the City study. The funding sources for the project are as follows: Page 56 of 158 Funding Source Amount BWSR WBIF Grant $ 71,013.00 VRWJPO $ 39,207.00 Dakota County $ 5,000.00 City of Farmington $ 1,900.00 $117,120.00 Storm Water Funds will be used for the City's contribution. ACTION REQUESTED: Approve the Joint Powers Agreement for the 4th and Willow TSS Reduction Project Between the Vermillion River Watershed Joint Powers Organization, the City of Farmington, and Dakota County. ATTACHMENTS: 4th and Willow Drainage Area City of Farmington - JPA #DCA22246 - SIGNATURE REQUEST Page 57 of 158 " " " " " " " " " " " " "" "" " " " " " " " " " " " " " " " " " " " """ " " " " " " " "" " """ " " "" " " "" " "" """"" "" " "" " """ " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """"" """ " " " " "" " " """ " " " "" " "" "" " " " "" " " " " " " " " " " " "" "" " " " " " " C TSS: 58,526.6 lb/yr TP: 186.5 lb/yr Do c u m e n t P a t h : K : \ 0 1 8 7 5 6 - 0 0 0 \ G I S \ M a p s \ W R M a p \ B M P W i l l o w D a t e S a v e d : 8 / 3 / 2 0 2 2 ¯ 1 inch = 860 feet 0 860 FeetStormwater Direct Drainage Prioritization The City of Farmington Figure 4a - Willow and 4th Street Drainage Area Drainage Tributary Area: 161 ac Potental BMP Outfall to Vermillion River "Storm Sewer BMP Drainage Area Drainage Boundaries Page 58 of 158 Contract #DCA22246 Page | 1 of 8 Joint Powers Agreement JOINT POWERS AGREEMENT FOR THE 4th AND WILLOW TSS REDUCTION PROJECT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION, THE CITY OF FARMINGTON, AND DAKOTA COUNTY WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. § 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, the City of Farmington (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, Dakota County (County) is a governmental and political subdivision of the State of Minnesota, and WHEREAS, 4th and Willow in Farmington is located directly adjacent to the Middle Mainstem of the Vermillion River; and WHEREAS, Middle Mainstem of the Vermillion River is identified on the EPA’s 303d Impaired Waters List for total suspended solids (TSS); and WHEREAS, stormwater outfalls contribute sediment loading to downstream reaches of the Middle Mainstem of the Vermillion River; and WHEREAS, a stormwater outfall near 4th and Willow was identified as a high sediment loading source to this section of Middle Mainstem; and WHEREAS, restoration strategies were identified in the WRAPS report to identify and implement sediment reduction BMPs on public lands in the Middle Mainstem subwatershed; and WHEREAS, reducing the sediment load in the Middle Mainstem through stormwater treatment before being discharged to the Vermillion River (Project) will address the TSS impairment affecting Middle Mainstem and the Vermillion River; and WHEREAS, the estimated Project cost is $117,120 (Project Cost); and WHEREAS, the VRWJPO was awarded a $71,013 Watershed Based Implementation Funding Grant (Grant) from the Minnesota Board of Water and Soil Resources (BWSR) in accordance with the BWSR Grant Agreement, attached and incorporated herein as Exhibit A; and WHEREAS, the Grant has a minimum match requirement equal to 10% of the amount of Grant monies awarded, either in the form of cash or in-kind services; and WHEREAS, the VRWJPO, City, and County have included cash matches collectively totaling at least 10% of the Grant Amount (defined in Section 7.2 herein)in their Capital Improvement Plans for the Project to be applied towards the Project Cost after the City’s application of the Grant Amount and will jointly participate in the design, construction, and related activities for the Project to the extent specified herein; and WHEREAS, the VRWJPO, the City, and County will follow all applicable BWSR Grant policies and requirements relevant to each party’s participation in the Project. Page 59 of 158 Contract #DCA22246 Page | 2 of 8 Joint Powers Agreement NOW, THEREFORE, in consideration of the mutual promises and benefits that the City, County, and VRWJPO shall derive from this Agreement, the VRWJPO, City, and County hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE This Agreement defines the Project responsibilities and Project cost-sharing obligations of the VRWJPO, City, and County. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO, City, and County. ARTICLE 3 TERM This Agreement is effective upon the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2027, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The VRWJPO, City, and County agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 TECHNICAL AND QUALITY ASSURANCE The VRWJPO, City, and County will provide technical and quality assurance for the Project. Any engineer providing technical or quality assurance for the Project must be a licensed Professional Engineer in the State of Minnesota. The Project will be designed using appropriate practice standards for design, construction, operation, and maintenance. Appropriate practice standards from the United States Department of Agriculture’s Natural Resources Conservation Service Field Office Technical Guide, Minnesota Stormwater Manual, or other scientifically appropriate and applicable standards can be used. Vegetative practices must follow the BWSR Board adopted Native Vegetation Establishment and Enhancement Guidelines. The engineer(s) providing technical and quality assurance will certify that the Project was installed or constructed consistent with the applicable plans and specifications, including approved modifications, prior to authorization for payment by the VRWJPO or County. An as-built plan set will be provided to the VRWJPO by the engineer(s) immediately following Project completion as part of the required Project certification. ARTICLE 6 PROJECT PLANS AND SPECIFICATIONS The City is the lead agency for design and construction administration of the Project, effective upon execution of this Agreement by all parties. The VRWJPO, City, and County shall approve the plans and specifications (Project Plans) prior to the City advertising for bids. Page 60 of 158 Contract #DCA22246 Page | 3 of 8 Joint Powers Agreement ARTICLE 7 PAYMENT 7.1 The City shall administer the contract(s) for the Project and act as the paying agent for all payments to the contractor(s). 7.2 The Grant will reimburse project-related activities up to $71,013 (Grant Amount) related to the engineering, permitting, bidding and construction of the Project. 7.3 The parties shall make the following contributions toward the Project Cost in accordance with the following payment schedule and Section 7.9 in consideration of the benefit provided by restoration activities on the Project in accordance with the Project Plans. The City will administer the contract(s) for the Project and act as the paying agent for all payments to the contractor(s). 7.3.1 The County, by and through its Environmental Resources Department, shall contribute $5,000 toward the Project Cost. 7.3.2 The City shall contribute $1,900 toward the Project Cost. 7.3.3 The VRWJPO shall contribute $39,207 toward the Project Cost and will pass through Grant Amount as reimbursement for eligible project-related activity expenses. 7.4 The City’s maximum eligible reimbursement is up to $115,220 when accounting for the Grant Amount, VRWJPO cash contribution, and County cash contribution. 7.5 No payment by the parties shall be made prior to approval of the Project Plans by the VRWJPO, City, and County. 7.6 Under the terms of the Grant, the VRWJPO will receive the Grant Amount in the following disbursements: (a) 50% after execution of the Grant; (b) 40% after the first 50% has been expended and Grant reporting requirements are met; and (c) 10% after final Grant requirements are met. The VRWJPO will make progress payments to the City, if requested, on a reimbursement basis, contingent upon the VRWJPO’s receipt of adequate Grant disbursements to make City requested payments. Ten percent (10%) of the Agreement maximum shall be withheld until the VRWJPO has verified that the Project has been installed according to this Agreement and the Project Plans. All requests for payment shall be supported by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Project. 7.7 The VRWJPO and County may refuse to pay claims not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRWJPO and/or County from questioning the propriety of the claim. The VRWJPO and County reserve the right to be repaid for any overpayment or disallowed claim. 7.8 Subject to Sections 7.9, 7.10 and Article 12, the VRWJPO and County shall pay the City their share of the Project Cost upon receipt of the Project certification pursuant to Article 5 up to the maximum amounts identified in Sections 7.3.1 and 7.3.3. The City shall invoice the County and VRWJPO for their share of Project Cost once the Project certification is provided to the parties. The VRWJPO and County shall make payment to the City within thirty-five (35) days of receipt of an invoice from the City provided the invoice shall be supported by itemized Project receipts and invoices from the City’s contractor(s). 7.9 The VRWJPO and County may refuse to pay/reimburse an invoice for services or fees not specifically authorized by this Agreement. Payment of an invoice shall not preclude the VRWJPO and County from questioning the propriety of the claimed services or fees. The VRWJPO and County reserve the right to be repaid for any overpayment or disallowed claimed services or fees. Page 61 of 158 Contract #DCA22246 Page | 4 of 8 Joint Powers Agreement 7.10 All services provided by the VRWJPO under the BWSR Grant Agreement (Exhibit A) or through this Agreement, and services provided by the City and the County to the VRWJPO through this Agreement must be performed to the State’s satisfaction pursuant to Exhibit A and the BWSR approved work plan. ARTICLE 8 CITY OBLIGATIONS 8.1 AUTHORIZED PURPOSE. The funds, including the Grant Amount, provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the Project. 8.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed according to the Project Plans. The VRWJPO, City, and County shall approve any modifications to the Project Plans. 8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the Project shall be addressed in the City’s contracts with the construction firm or professional services firm. 8.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO and County, its employees, duly authorized representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real property where the Project will be located to inspect the construction of the Project. Notwithstanding the right to inspect, neither the VRWJPO nor County is obligated hereunder to inspect the work performed on the Project. 8.5 OPERATION AND MAINTENANCE. The City shall be responsible for on-going maintenance of the Project or will request shared responsibility with the VRWJPO for on-going maintenance of the Project upon completion for a minimum of 25 years unless a failure occurs from an Act of God or Force Majeure occurs such that it is cost prohibitive to repair or maintain. 8.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing the Project, including obtaining all necessary permits to construct the Project. 8.7 PUBLICITY. The City hereby permits the VRWJPO and County to take and disclose photographs of the Project for use in publications or promotional material or on their websites to highlight the VRWJPO’s programs. The City, County, and VRWJPO shall appropriately acknowledge the funding provided by the VRWJPO, County, City, the State of Minnesota, and the Clean Water, Land, and Legacy Amendment in any promotional materials, signage, reports, publications, notices, and presentations related to the Project. This section shall survive the expiration or termination of this Agreement. ARTICLE 9 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, or officers, employees or agents or the other parties. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO, City, and the County. Each party warrants that it can comply with the aforementioned indemnity requirements through an insurance or self- insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against any party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. This section shall survive the expiration or termination of this Agreement. Page 62 of 158 Contract #DCA22246 Page | 5 of 8 Joint Powers Agreement ARTICLE 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be made to the following named persons and addresses unless otherwise stated in this Agreement, or an amendment of this Agreement: TO THE VRWJPO: TO THE CITY: TO THE COUNTY: Tom Wolf or successor, Chair Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7030 twolf@co.scott.mn.us Joshua Hoyt or successor, Mayor 430 Third Street Farmington, MN 55024 Telephone: (651) 280-6800 JHoyt@Farmingtonmn.gov Georg T. Fischer, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7007 georg.fischer@co.dakota.mn.us In addition, regarding termination of this Agreement by the shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO, City, and the County. The VRWJPO, City, and the County shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPO Liaison: Jeff Dunn, PE Water Resources Engineer Telephone: (952) 891-7546 Email: jeff.dunn@co.dakota.mn.us City Liaison: John Powell, PE Public Works Director/City Engineer Telephone: (651) 280-6841 Email: jpowell@farmingtonmn.gov County Liaison Cole Johnson, PE Water Resources Project Supervisor Telephone: (952) 891-7539 Email: cole.johnson@co.dakota.mn.us Page 63 of 158 Contract #DCA22246 Page | 6 of 8 Joint Powers Agreement ARTICLE 11 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties’ respective Boards, or as delegated by the parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of the VRWJPO, City, and County. ARTICLE 12 TERMINATION 12.1 IN GENERAL. Any party may terminate this Agreement for cause by giving seven days’ written notice of its intent to terminate, to the other parties. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement may also be terminated by the City or County in the event of a default by the VRWJPO. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 12.2 TERMINATION BY VRWJPO OR COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, either the VRWJPO or the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Neither the VRWJPO nor the County is obligated to pay for any services that are provided after written notice of termination for lack of funding. The party terminating under this provision for lack of funding will pay for expenses incurred by the other parties hereto up to Notice of Termination for work on the Project. 12.3 REPAYMENT OF GRANT AMOUNT. If this Agreement is terminated pursuant to this Article 12, the City shall repay the Grant Amount received as of the date of termination to the VRWJPO, who shall return the Grant Amount to the BWSR, and the County and VRWJPO shall reimburse the City for their pro- rata share (based on the parties contributions set forth in Sections 7.3.1 through 7.3.3) of the Project Cost incurred as of the date of termination. The City shall be responsible for the remaining amount of the Project Cost as of the date of the termination. ARTICLE 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed under the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration or termination of this Agreement. ARTICLE 14 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. Page 64 of 158 Contract #DCA22246 Page | 7 of 8 Joint Powers Agreement ARTICLE 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. ARTICLE 16 GOVERNMENT DATA PRACTICES The City, County, and the VRWJPO must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City, County, or the VRWJPO. ARTICLE 17 SURVIVABILITY The provisions of articles 8.3 (Construction and Design Failures), 8.5 (Operation and Maintenance), 9 (Indemnification), 12 (Termination), and 16 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 18 DEFAULT: FORCE MAJEURE No party shall be liable to the other parties for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting party gives notice to the other parties as soon as possible. Acts and events may include acts of God, acts of terrorism, war fire, flood epidemic, pandemic, acts of civil or military authority, and natural disasters. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF FARMINGTON By _________________________________ Joshua Hoyt or successor, Mayor Date of Signature: _____________________ By ___________________________________ Shirley Buecksler, City Clerk Date of Signature: _____________________ Page 65 of 158 Contract #DCA22246 Page | 8 of 8 Joint Powers Agreement VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION By ___________________________________ Tom Wolf or successor, Chair Date of Signature: _____________________ DAKOTA COUNTY By ___________________________________ Georg T. Fischer, Director Physical Development Division Date of Signature: _____________________ Approved as to form:1 /s/ Brian J. Wisdorf 11/26/2024 Assistant Dakota County Attorney/Date KS-24-741 VRW Res. No. 24-50 KS-24-754 Dakota County Board Res. No. 25-063 1 Dakota County Attorney’s Office approved as to form for both Dakota County and the Vermillion River Watershed Joint Powers Organization Page 66 of 158 Page 1 of 5 2025 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES WATERSHED BASED IMPLEMENTATION FUNDING GRANT AGREEMENT Vendor: 0000197289 PO#: 3000018080 This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Vermillion River Watershed JPO, 4100 220th Street W, #103, Farmington MN 55024 (Grantee). Fiscal Agent: Dakota County Grant ID Grant Title Awarded Amt C25-0187 Vermillion River - City of Farmington, 4th and Willow TSS Reduction $71,013.00 C25-0252 North Creek - City of Lakeville Firelight Way TSS Reduction $184,300.00 C25-0253 Vermillion River - City of Hastings 15th and Bailey TSS Reduction $197,055.00 Total Grant Awarded: $452,368.00 Recitals 1. The Laws of Minnesota 2023, Chapter 40, Article 2, Section 6(a) appropriated funds to the Board for the FY 2024 and 2025 Clean Water Fund Watershed Based Implementation Funding Program . 2. The Board adopted the Watershed Based Implementation Funding FY24-25 Policy and authorized the allocation of funds for the FY 2024 and 2025 Clean Water Fund Watershed Based Implementation Funding Program through Board Order #23 -55. 3. The Grantee has submitted a BWSR-approved work plan for this program. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 5. As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative The State’s Authorized Representative is Marcey Westrick, Central Region Manager, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, (651) 284-4153, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is: TITLE /arTitle/ ADDRESS /arAddress/ CITY /arCity/ TELEPHONE NUMBER /arTele/ If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately noti fy the Board. Grant Agreement 1. Terms of the Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant Agreement until it is executed. 1.2. Expiration date: December 31, 2027 or until all obligations have been satisfactorily fulfilled, whichever comes first. Mocusign Envelope IM: E57A76C8-050B-4880-82M3-1B128A965EE6 651-438-4427 Hastings Mike Slavik, VRJPO Chair 1590 hwy 55 Contract #DCA22246 Exhibit A - Page 1 of 7 Page 67 of 158 Page 2 of 5 1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 19. Intellectual Property Rights. 2. Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their Board approved work plan. The work plan will be implemented according to the Watershed Based Implementation Funding FY24-25 Policy. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2. All individual grants over $500,000 require a reporting expenditure by June 30 of each year. 2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2028, or within 30 days of fully expending funds, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Terms of Payment. 4.1. Funds will be distributed in three installments per grant: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. 3) The third payment of 10% will be distri buted after the grant has been fully expended and reporting requirements are met. 4.2. Grantees may be required to submit documentation of expenditures reported. 4.3. All costs must be incurred within the grant period. All incurred costs should be calculated or determined before the final report is completed or returning funds. 4.4. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.5. Once final reporting has been completed funds may not be re-requested as funds may not be available. 4.6. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.7. This Grant Agreement includes advance payment. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5. Conditions of Payment. All services provided by the Grantee under this Grant Agreement must be performed to the Board’s satisfaction, as set forth i n this Grant Agreement. Compliance will be determined at the sole discretion of the Board’s Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, Watershed Based Implementation Funding FY24-25 Policy, ordinances, rules, and regulations. The Grantee will not receive payment, may be required to repay grant funds, or may have future payments withheld if work is found by the Board to be unsatisfactory or performed in violation of federal, State, or local law. Costs charged to the grant must be direct and necessary to produce the outcomes funded by the grant. Charges to the grant must be itemized and documented. 6. Assignment, Amendments, Work Plan Revisions, and Waiver. 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. 6.2. Amendments and Work Plan Revisions. Any amendments to this Grant Agreement must be in writing and will not be effective until approved and executed by the same parties who approved and executed the original Gra nt Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto. All work plan revisions must be documented. The Board reserves the right to require a work plan revision or grant agreement amendment for changes in the scope of the grant. Docusign Envelope ID: E57A76C8-050B-4880-82D3-1B128A965EE6 Contract #DCA22246 Exhibit A - Page 2 of 7 Page 68 of 158 Page 3 of 5 6.2.1. Board approval is required of work plan revisions on grants less than $50,000 if the cumulative budget adjustment is greater than $5,000; on grants $50,000 to $500,000 if the cumulative budget adjustment is greater than 10% of the total grant amount; on grants greater than $500,000 if the cumulative budget adjustment is greater than $50,000. 6.2.2. An amendment to the Grant Agreement is required on grants less than $50,000 if the cumulative b udget adjustment is equal to or greater than $20,000; on grants $50,000 to $500,000 if the cumulative budget adjustment is equal to or greater than 40% of the total grant amount; on grants greater than $500,000 if the cumulative budget adjustment is equal to or greater than $200,000. 6.2.3. Revisions that do not meet the thresholds identified in 6.2.1. or 6.2.2. are permitted without prior approval from the Board provided that such revision is documented and that the total obligation of the Board for all compensa tion and reimbursements to the Grantee shall not exceed the total grant award amount. 6.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this Grant Agreement. 8. State Audits. Under Minn. Stat. § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six y ears from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board’s designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Sta t. Ch. 13, as it applies to all data provided by the State under this Grant Agreement, and as it applies to all data created, collected, received, stored, us ed, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Mi nn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11. Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the Program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. Mocusign Envelope IM: E57A76C8-050B-4880-82M3-1B128A965EE6 Contract #DCA22246 Exhibit A - Page 3 of 7 Page 69 of 158 Page 4 of 5 13. Termination. 13.1. The Board may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The Board may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 13.3. The Commissioner of Administration may immediately and unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes or is not in the best interest of the State. 14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat . §§ 177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than t hose prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 16. Municipal Contracting Law. Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. 17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18. Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota La ws 2010, Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects. 19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Work includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible o r electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United State Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. Mocusign Envelope IM: E57A76C8-050B-4880-82M3-1B128A965EE6 Contract #DCA22246 Exhibit A - Page 4 of 7 Page 70 of 158 Page 5 of 5 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Vermillion River Watershed JPO Board of Water and Soil Resources /sn1name/ /sn2name/ By: _______________________________________ By: ____________________________________________ /sn1/ /sn2/ _______________________________________ ____________________________________________ (signature) (signature) /sn1title/ /sn2title/ Title: _______________________________________ Title: ____________________________________________ /dateSigned1/ /dateSigned2/ Date: _______________________________________ Date: ____________________________________________ Docusign Envelope ID: E57A76C8-050B-4880-82D3-1B128A965EE6 11/20/2024 Mike Slavik Chair, Vermillion River Watershed Marcey Westrick Central Region Manager 11/20/2024 Contract #DCA22246 Exhibit A - Page 5 of 7 Page 71 of 158 Certificate Of Completion Envelope Id: E57A76C8050B488082D31B128A965EE6 Status: Completed Subject: 2025 Watershed Based Implementation Funding - Vermillion River Watershed JPO Source Envelope: Document Pages: 5 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Kari Keating AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 520 Lafayette Road North St. Paul, MN 55155 BWSR.grants@state.mn.us IP Address: 13.86.38.95 Record Tracking Status: Original 11/14/2024 8:42:31 AM Holder: Kari Keating BWSR.grants@state.mn.us Location: DocuSign Signer Events Signature Timestamp Mike Slavik Mike.Slavik@CO.DAKOTA.MN.US Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.164.17.252 Sent: 11/15/2024 6:39:24 AM Resent: 11/20/2024 5:35:30 AM Viewed: 11/20/2024 8:30:20 AM Signed: 11/20/2024 8:36:25 AM Electronic Record and Signature Disclosure: Accepted: 11/20/2024 8:30:20 AM ID: 3f4d3f7b-125c-49ab-b741-706ac0712908 Marcey Westrick marcey.westrick@state.mn.us Central Region Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 156.99.66.10 Sent: 11/20/2024 8:38:25 AM Viewed: 11/20/2024 12:26:09 PM Signed: 11/20/2024 12:31:05 PM Electronic Record and Signature Disclosure: Accepted: 11/20/2024 12:26:09 PM ID: c030df76-77e6-4380-ac56-17c8eb349e21 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Travis Thiel travis.thiel@co.dakota.mn.us Security Level: Email, Account Authentication (None) Sent: 11/15/2024 6:39:26 AM Viewed: 11/15/2024 6:39:47 AM Electronic Record and Signature Disclosure: Accepted: 11/14/2024 8:56:29 AM ID: 577a7179-b08c-46a5-bd9f-d0f981d2f264 Contract #DCA22246 Exhibit A - Page 6 of 7 Page 72 of 158 Carbon Copy Events Status Timestamp Kari Keating (BWSR) BWSR.grants@state.mn.us Grants Specialist MN BWSR Security Level: Email, Account Authentication (None) Sent: 11/20/2024 8:38:26 AM Resent: 11/20/2024 12:31:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/14/2024 8:42:32 AM Certified Delivered Security Checked 11/20/2024 12:26:09 PM Signing Complete Security Checked 11/20/2024 12:31:05 PM Completed Security Checked 11/20/2024 12:31:05 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Contract #DCA22246 Exhibit A - Page 7 of 7 Page 73 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Plans and Specifications and Authorize the Advertisement for Bids for the 2025 Street Improvement Project Meeting: Regular Council - Mar 17 2025 INTRODUCTION: At the February 3, 2025, City Council meeting, the City Council approved a Professional Services Agreement (PSA) with Alliant Engineering to prepare construction plans and bid documents for the 2025 Street Improvement Project. The plans and specifications are complete; the next step is to authorize the Advertisement for Bids. The project area is shown on the attached map. DISCUSSION: Plans and specifications for the project have been prepared consistent with the City Council direction regarding design options presented at the February 3, City Council meeting. If approved, staff expects that bids would be opened on April 10, 2025, and a recommendation for contract award would be available for consideration by the City Council on April 21, 2025, as shown in the following schedule: March 17, 2025 City Council Approves Plans and Specifications & Authorizes Advertisement for Bids April 10, 2025 Bid Opening April 21, 2025 City Council Awards Construction Contract May 2025 Pre-Construction Meeting May 2025 Pre-Construction Neighborhood Meeting June 2025 Begin Construction September 30, 2025 Substantial Completion October 17, 2025 Final Completion October, 2027 Two-Year Warranty Inspection The project design includes narrowing of the roadways to 32 feet between the curb faces; realignment of the Fairview Lane/Centennial Drive intersection; installation of an island at the Sunnyside Drive bulge; and narrowing of the Centennial Court cul-de-sac throat. As the construction plans and specifications run to over 420 pages/sheets; they have not been attached to this memo. Page 74 of 158 BUDGET IMPACT: Funding for this project, as identified in the approved 2025-2029 Capital Improvement Plan, includes the following: G.O. Bonds $ 1,500,000 Sewer Fund $ 450,000 Storm Water Fund $ 450,000 Water Fund $ 600,000 Total $ 3,000,000 Based on the most recent Engineer's Estimate, and assuming an additional 16% for engineering, surveying, testing, etc., an estimate of the proposed funding sources and amounts are as follows: G.O. Bonds $ 2,008,000 Sewer Fund $ 55,000 Storm Water Fund $ 364,700 Water Fund $ 932,300 Trunk Water Fund $ 235,200 Total $ 3,595,200 The specific amount allocated to each funding source will be determined once bids have been received. As was the case on the recent Spruce Street/Dushane Parkway project, we are expecting bids to be submitted below the Engineer's Estimate. ACTION REQUESTED: Approve Plans and Specifications and authorize the Advertisements for Bids for the 2025 Street Improvement Project ATTACHMENTS: CIP_2025 Street Improvements Page 75 of 158 Centennial Court - Centennial Drive to north end Sunnyside Circle - Sunnyside Drive to west end Centennial Drive - Fairview Lane to Sunnyside Drive Fairview Lane - Sunnyside Drive to Park Drive Sunnyside Drive - Ash Street (CSAH 74) to Centennial Drive Su n n y s i d e D r FairviewLn Sunnyside Cir Centennial Dr Ce n t e n n i a l C i r Park Dr 220th St W Highlan d Cir ±2025 Street Improvements Street Segments Page 76 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Construction Services Meeting: Regular Council - Mar 17 2025 INTRODUCTION: The City intends to use Municipal State Aid (MSA) Construction funds for the construction of roadway and storm sewer on the Dushane Parkway/Spruce Street Intersection project. Using MSA funds requires a much higher level of engineering administration than typical public improvement projects. Examples of this include review of labor submittals, performing labor compliance reviews, strict adherence to Minnesota Department of Transportation materials testing protocols, and submittal of contract and pay documents to State Aid. Staff is recommending use of an engineering consultant for this project. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Alliant Engineering is one of the firms in the Consultant Pool and has prepared the attached scope and budget based on meetings and discussions with City Staff regarding this project. The scope includes the following major tasks: A. Construction Staking B. Materials Testing and Coordination C. Contract Inspection and Administration D. Preparation of Record Drawings The attached Professional Services Agreement (PSA) includes materials testing services to be completed per the State Aid testing protocol and will be provided by Braun Intertec. The City has reviewed the detailed proposal submitted to Alliant from Braun Intertec; it includes all testing needed for a State Aid project. The construction inspection hours assume that more than one inspector will be required on site for some of the work. BUDGET IMPACT: Work under this contract will be billed hourly for a cost not to exceed $196,711. This segment of Spruce Street is on the City's Municipal State Aid system. Similar to the construction costs, the related engineering costs will be reimbursed via the City's Municipal State Aid Construction account. Page 77 of 158 ACTION REQUESTED: Approve a Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Construction Services. ATTACHMENTS: 031725 PSA Alliant Spruce Dushane construction Page 78 of 158 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 17th day of March, 2025, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Alliant Engineering, Inc., a Minnesota Corporation, whose business address is 733 Marquette Avenue, Suite 700, Minneapolis, MN 55402 (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 Eric Nelson, Client Services 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 $196,711 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 79 of 158 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 June 30, 2026. 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 80 of 158 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. Said policy need not name the City as an additional insured. Page 81 of 158 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, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. 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 of insurance, or to advise Engineer of any deficiencies in such documents and Page 82 of 158 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 83 of 158 224345v1 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 subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 84 of 158 224345v1 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 85 of 158 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: March 17, 2025 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Alliant Engineering, Inc. Eric Nelson Principal March 11 25 Page 86 of 158 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 87 of 158 February 19, 2025 John Powell, PE Public Works Director/City Engineer City of Farmington RE: Dushane Parkway and Spruce Street Improvements (SAP 212-107-001) City Project No.: CP 24-12 Scope and Fee Proposal for Construction Services Dear Mr. Powell: Alliant Engineering has appreciated the opportunity to work with you on the Dushane Parkway and Spruce Street Improvements Project. As we move from design and towards construction in 2025, we offer this proposal for Construction Services based on your request for assistance with construction staking, construction inspection, materials testing, and contract administration services during 2025 construction. The sections below describe the effort for tasks for the requested services. A detailed spreadsheet documenting the hours and fee associated with each task is also included with this letter. If approved, Alliant will invoice the City of Farmington on an hourly basis for this work under the tasks described in this letter. CONSTRUCTION SERVICES SCOPE AND FEE Task 1 – Construction Staking Alliant survey crews will set up project-wide survey control and provide staking one-time for all required items, including but not limited to curb and gutter, storm sewer structures, and other public utility relocations. Survey needs will be coordinated through our construction project manager Mark Jaster in partnership with the selected contractor. Specific assumptions and clarifications for our staking scope are noted on the attached fee estimate. Task 1 Fee: $13,650.00 Task 2 – Materials Testing and Coordination To provide continuity with geotechnical work during the design phase, our team will include Braun Intertec for materials testing during construction. Their proposed services and associated fee are included as an attachment. Alliant will coordinate material testing schedules in partnership with Braun Intertec and the selected contractor. Task 2 Fee (Alliant only): $5,160.00 Task 3 – Construction Inspection & Administration Alliant will provide the following routine construction inspection and administration services throughout the duration of the project: Page 88 of 158 · Schedule, convene, and document a pre-construction meeting with City representatives, contractor staff, private utilities, and regulatory officials. · Conduct weekly construction meetings with the contractor and project representatives. · Review shop drawings for storm sewer, sanitary sewer, watermain, and related work. · Measure and verify project quantities and prepare monthly pay requests in partnership with the selected contractor. · Provide daily observation and documentation during all times of active construction. · Respond to contractor inquiries and advise on minor design adjustments as needed. · Prepare a project punchlist and work with contractors to resolve defects. Prepare necessary paperwork for project closeout and final payment. Task 3 Fee: $146,400.00 Task 4 – Preparation of Record Drawings We will obtain survey information on all storm sewer, sanitary sewer, and watermain features installed with the project, and any other elements that significantly change from the design plans. Record drawings will be prepared in Bluebeam reflecting the surveyed as-built information. Task 4 Fee: $7,300.00 Direct Expenses for Materials Testing (Braun Intertec): $21,701.00 Direct Expenses for mileage and misc. inspection supplies: $2,500.00 TOTAL FOR CONSTRUCTION SERVICES: $196,711.00 A detailed estimate of the hours and associated fee for each task is included on the following pages. We again thank you for the opportunity to work with the City of Farmington on this project and appreciate your consideration of this request. If you have any questions about this scope and fee or want to discuss in further detail, please contact me at 612-701-0479 or mjaster@alliant-inc.com. Sincerely, Mark Jaster, PE Eric Nelson, PE Director of Construction Services Principal/Project Manager Page 89 of 158 CITY PROJECT NO.: CP 24-12 DUSHANE PARKWAY AND SPRUCE STREET IMPROVEMENTS (SAP 212-107-001) CONSTRUCTION SERVICES FEE ESTIMATE Project Manager Survey CAD Technician 2-person Survey Crew Construction Inspector 1.0 Construction Staking 0 12 54 0 66 13,650.00 1.1 Set up project control and staking information 12 12 1.2 Construction staking (1)(2)(3) 54 54 2.0 Materials Testing and Coordination 8 0 0 24 32 5,160.00 2.1 Materials testing coordination and administration 8 24 32 3.0 Construction Inspection & Administration 128 0 0 840 968 146,400.00 3.1 Pre-construction meeting and routine weekly meetings (4)(5) 32 32 3.2 Shop drawing review and coordination 16 16 3.3 Monthly pay requests 10 10 3.4 Daily construction observation and documentation (6) 60 800 860 3.5 Routine design adjustments/respond to contractor inquires 2 2 3.6 Final punchlist and project closeout documentation 8 40 48 4.0 Preparation of Record Drawings 4 8 24 0 36 7,300.00 4.1 As-built survey 4 24 28 4.2 Prepare record drawings 4 4 8 PROJECT TOTAL HOURS 140 20 78 864 1102 Hourly Billing Rates 225$ 125$ 225$ 140$ DIRECT LABOR $31,500 $2,500 $17,550 $120,960 $172,510 SUBTOTAL LABOR COST $172,510.00 Direct Expenses: Subconsultant: Braun Intertec - Materials Testing $21,701.00 Mileage and misc. supplies $2,500.00 SUBTOTAL DIRECT EXPENSES $24,201.00 PROJECT COST NOT TO EXCEED Assumptions: (1) Two business days advanced notice is required for staking requests. (2) Hours include providing stakes for required items one time. Restaking due to contractor damage or other external factors will be additional charges at the listed hourly rates. (3) Mileage, equipment, and materials for construction staking are included in the hourly rates. (4) Hours include preparation of agendas, minutes, and other supporting materials as needed. (5) Assumes meetings begin in mid-April 2025 and continue through July 2025 (16 weeks). (6) Assumes 50 hours per week for Construction Inspector from mid-April through July 2025 (16 weeks). $196,711.00 Task Description TASK TOTAL COST Alliant Engineering, Inc. TEAM TOTAL Pa g e 9 0 o f 1 5 8 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Emmons & Olivier Resources, Inc. for the Devonshire Pond Maintenance Feasibility Study Meeting: Regular Council - Mar 17 2025 INTRODUCTION: Stormwater in the City of Farmington is treated primarily by stormwater ponds located throughout the city, with new ponds being created nearly every year. Typical maintenance requirements of these ponds include excavation to regain lost capacity, removal of overgrown vegetation, and inlet/outlet repair. City Staff has identified the pond and connecting pipes located at the northwest corner of Devonshire Avenue/206th Street West as a high priority for maintenance. DISCUSSION: The City's storm water ponds and conveyance system needs to function properly in order to properly treat incoming runoff and to protect adjacent properties. If excess sediment accumulates in a treatment pond, it loses its effectiveness. If the inlets to, and outlets from, storm water ponds are damaged or decayed, they will not control the flow properly. The Devonshire Pond was originally constructed in 1993 to serve Riverside Estates and was expanded about 10 years later. This will be the first major maintenance completed on this pond in about 32 years. In early 2023, the City Council approved the Consultant Pool for 2023-2027. Emmons & Olivier Resources (EOR) is one of the firms in the Consultant Pool and has prepared the attached scope and budget based on meetings and discussions with City Staff regarding this project. The scope includes the following major tasks:  Project management including regular update meetings with Staff.  Data collection and coordination.  Detailed topographic surveys.  Stormwater modeling of this pond.  Preparation of draft and final feasibility studies including options analysis, dredging plans, and cost estimates.  Technical support for public engagement efforts. Based on the feasibility study, the City will have a separate Professional Services Agreement for Page 91 of 158 design and bidding assistance. BUDGET IMPACT: The 2025-2029 Capital Improvement Program (CIP) includes $400,000 for Annual Storm Water Management Maintenance, funded via the City' s Storm Water fund. Storm water related activities, including studies, cleaning etc., fall under this CIP item. Work under this contract will be billed hourly for a cost not to exceed $30,971.50. The funding source is the Storm Water fund. ACTION REQUESTED: Approve a Professional Services Agreement with Emmons & Olivier Resources, Inc. for the Devonshire Pond Maintenance Feasibility Study ATTACHMENTS: 031725 PSA EOR Devonshire Pond Maintenance Page 92 of 158 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 17th day of March, 2025, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Emmons & Olivier Resources, Inc., a Minnesota Corporation, whose business address is 1919 University Avenue, Suite 300, St. Paul, MN 55104 (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 Kyle Crawford, Project Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $30,971.50 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 93 of 158 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 August 15, 2025. 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 94 of 158 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. Said policy need not name the City as an additional insured. Page 95 of 158 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, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. 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 of insurance, or to advise Engineer of any deficiencies in such documents and Page 96 of 158 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section p, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 97 of 158 224345v1 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 subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 98 of 158 224345v1 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 99 of 158 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated:__________________, 20___ CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Emmons & Olivier Resources, Inc. Design Practice Lead Kevin D Biehn March 11 25 Page 100 of 158 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 101 of 158 Emmons & Olivier Resources, Inc. is an Equal Opportunity Affirmative Action Employer 1919 University Avenue West, Suite 300 St. Paul, MN 55104 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com memo Project Name | Devonshire Avenue & 206th Street West Pond Maintenance Date | 2.10.2025 – Draft 3.2.2025 – Revised per City direction 3.6.2025 – Revised per City direction To / Contact info | John Powell <jpowell@farmingtonmn.gov> McKenna Rodine <mrodine@farmingtonmn.gov> Cc / Contact info | Kevin Biehn <kbiehn@eorinc.com> From / Contact info | Kyle Crawford <kcrawford@eorinc.com> Regarding | Scope and Fee for Devonshire Avenue & 206th Street West Pond Maintenance The City of Farmington (the City) has requested a feasibility level analysis & design for the following stormwater project within the City. Subsequent analysis, design, permitting, tendering, and construction administration to be scoped upon City direction. ➢ Devonshire Avenue & 206th Street West Pond Maintenance Primary Dedicated Staff The following personnel will be dedicated to the project: ROLE PERSONNEL 2025 HOURLY RATE Project Manger Kyle Crawford, PE $189.00 Project Engineer Kyle Blank, EIT $162.00 Site Restoration and Public Engagement Marla Brown $129.00 Senior QA/QC Derek Lash, PE $218.00 Survey Joey Castaneda $112.00 Permitting Jimmy Marty, CMWP $162.00 Modeling Paul Nation, PE $162.00 Overarching Assumptions for the Prospective Project • The City to coordinate with any and all landowners to secure access on behalf of EOR for site visits • Survey o Select data gathered for feasibility-level analysis; additional survey may be necessary for detailed design and construction o Limited to key topographic, bathymetry and infrastructure points o All necessary stormwater structures and property to be readily available for survey o Confined entry not included o Any restrictions (i.e., seized utility hole cover) may warrant additional budget • Any grant administration time/deliverables completed by others • The following services are not included in this scope, and are anticipated to be coordinated by City staff (as requested): o Geotechnical services o Sediment testing • Public engagement o Meeting coordination and public invitation to be coordinated by City • The following, but not limited to the following, potential future services/costs are not included o Televising of stormwater sewer o Wetland delineation and permitting Page 102 of 158 memo 2 of 5 Emmons & Olivier Resources, Inc. 1919 University Avenue West, Suite 300 St. Paul, MN 55104 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com PROJECT: DEVONSHIRE AVENUE & 206TH STREET WEST POND REHABILITATION The following activities and deliverables have been scoped to provide stakeholders with an understanding of the condition of the stormwater facilities, a depiction of available improvement options, and the associated estimate of cost, benefits, and returns from vetted solutions. SCOPE & DELIVERABLES 1. City Progress Meetings [All meetings assumed to be virtual, unless otherwise noted] a. Site visit & kick off discussion → observations, challenges, historic maintenance, desires, etc. [In person meeting with City] b. Review existing conditions and identify any data gaps c. Review initial concepts & vetting d. Public engagement - Review public input 2. Data Collection and Synthesis a. Review owner provided models, plans, as-builts, and anecdotal information b. Geotechnical i. Recommend soil borings (provided exhibit) to City and City to complete geotechnical if warranted ii. Review soil borings c. Identification of utilities i. Coordination of public locate ii. Facilitation of private utility locate, expense included herein d. Verify WCA permitting requirements e. Survey i. Preparation → files, benchmarks, data download, etc. Figure 1 DEVONSHIRE AVENUE & 206TH STREET WEST POND REHABILITATION – Study Area Page 103 of 158 memo 3 of 5 Emmons & Olivier Resources, Inc. 1919 University Avenue West, Suite 300 St. Paul, MN 55104 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com ii. Survey of critical elevations and inverts and sizing of existing drainage and stormwater infrastructure iii. Inventory, characterize, and photograph accessible existing stormsewer infrastructure iv. Sediment coring to estimate captured sediment depth and designed pond depth v. Select pond bathymetry points to characterize current pond live and dead storage as well as captured sediment f. Pond Sediment Sampling – per MPCA stormwater pond sediment handling guidelines i. Complete sampling plan ii. Gather samples and ship to City preferred/contracted laboratory iii. Review lab reports g. Data reduction and base map construction 3. Stormwater Modeling a. Existing conditions simulation b. Proposed condition(s) simulation c. Reporting & quality and quantity comparison documentation 4. Feasibility Level Options Analysis a. Identification and vetting of options i. Stormwater infrastructure improvements ii. Future considerations iii. Access and construction limits iv. Site restoration b. Dredging and disposal plan c. Drafting & details d. Cost estimation of alternative(s) e. Qualitative articulation of pros and cons of alternatives 5. Identify and articulate probable required permits 6. Author, format and assemble Draft Feasibility Summary Memo 7. Public engagement a. Complete simple graphics/visuals – no unique artwork or renderings b. Print boards/handouts c. Attend and facilitate Open House d. Synthesize public feedback 8. Refine/Update Feasibility Study Per Owner Recommendations FEE A budget of $30,971.50 is requested for this effort. A summary of cost by task and listed expenses can be found below. A detailed breakdown of individual rates and time allocation can be found in Figure 2. Page 104 of 158 memo 4 of 5 Emmons & Olivier Resources, Inc. 1919 University Avenue West, Suite 300 St. Paul, MN 55104 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com SCHEDULE The following schedule assumes there are no delays out of EOR’s control. PRIMARY TASK TIMELINE City Progress Meetings Varies Data Collection and Synthesis Complete within 6 weeks of NTP Stormwater Modeling Options Identification & Analysis Permit Requirements Draft Feasibility Memo Draft Feasibility Memo complete within 4 weeks of complete City direction on initial concept vetting Public meeting timing contingent on City organization and public availability Public Engagement Feasibility Memo – Refinement Complete within 2 weeks of complete City direction/response to Public input PRIMARY TASK ASSUMED EXPENSES COST (FEE & EXPENSE) 1- City Progress Meetings Meeting/site visit mileage $3,615.50 2- Data Collection and Synthesis Survey equipment & mileage $7,108.00 3- Stormwater Modeling - $3,091.50 4 - Options Identification & Analysis - $8,307.00 5 - Permit Requirements - $675.00 6 - Draft Feasibility Memo - $2,935.00 7 - Public Engagement Misc printing & mileage $3,866.50 8 - Feasibility Memo – Refinement - $1,373.00 TOTAL: $30,971.50 Page 105 of 158 me m o 5 of 5 E m m o n s & O l i v i e r R e s o u r c e s , I n c . 19 1 9 U n i v e r s i t y A v e n u e W e s t , S u i t e 3 0 0 St . P a u l , M N 55 1 0 4 T/ 65 1 . 7 7 0 . 8 4 4 8 F/ 65 1 . 7 7 0 . 2 5 5 2 ww w . e o r i n c . c o m Fi g u r e 2 - Co s t & L a b o r D e t a i l PROJECT NAME Farmington Project 2 - Devonshire TOTAL BUDGET $30,971.50 Prepared By:KDB Date:3/6/2024 STANDARD TEAM MEMBER:EXPENSES PROJECT BILLING CATEGORY:TOTAL BUDGET TOTAL BUDGET HOURLY RATE: PHASE 01 City Progress Meetings HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 01 TOTAL:10.5 $1,984.50 8.$1,296.00 2.$258.00 20.5 $3,538.50 $77.00 $3,615.50 PHASE 02 Data collection & Synthesis HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 02 TOTAL:5.5 $1,039.50 14.$2,268.00 24.$2,688.00 2.$324.00 45.5 $6,319.50 $788.50 $7,108.00 PHASE 03 Stormwater modeling HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 03 TOTAL:3.5 $661.50 3.$486.00 12.$1,944.00 18.5 $3,091.50 $3,091.50 PHASE 04 Options Identification & Analysis HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 04 TOTAL:10.$1,890.00 30.$4,860.00 7.$903.00 3.$654.00 50.$8,307.00 $8,307.00 PHASE 05 Permit Requirements HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 05 TOTAL:1.$189.00 2.$324.00 1.$162.00 4.$675.00 $675.00 PHASE 06 Feasibility Report HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 06 TOTAL:5.$945.00 8.$1,296.00 2.$258.00 2.$436.00 17.$2,935.00 $2,935.00 PHASE 07 Public Engagement HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 07 TOTAL:2.5 $472.50 12.$1,944.00 8.$1,032.00 1.$218.00 23.5 $3,666.50 $200.00 $3,866.50 PHASE 08 Feasibiliy Report - Refinement HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $$$ PHASE 08 TOTAL:2.$378.00 4.$648.00 1.$129.00 1.$218.00 8.$1,373.00 $1,373.00 EXPENSES PROJECT TOTAL COST TOTAL BUDGET HRS $HRS $HRS $HRS $HRS $HRS $HRS $HRS $ PROJECT TOTALS 40.$7,560.00 81.$13,122.00 20.$2,580.00 24.$2,688.00 3.$486.00 12.$1,944.00 7.$1,526.00 187.$29,906.00 $1,065.50 $30,971.50 Kyle Crawford Professional 3 189 162 Professional 1 112 162 Marla Brown 162 Professional 1 Professional 2 Technician 2 Professional 2 Kyle Blank Derek Lash 162 218129 Joey Castaneda Jimmy Marty Paul Nation Professional 2 Professional 4 218 EOR LABOR TOTAL TOTAL EOR LABOR Kyle Crawford Kyle Blank Marla Brown Professional 3 Derek Lash Professional 4 189 Professional 2 129 Joey Castaneda Technician 2 112 Jimmy Marty Paul Nation Professional 2Professional 2 162162 Pa g e 1 0 6 o f 1 5 8 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with TKDA, Inc. for the Natural Resources Inventory Update Meeting: Regular Council - Mar 17 2025 INTRODUCTION: In 2010, utilizing a grant from the Dakota County CDA, the City completed a Natural Resources Inventory (NRI). The report was prepared by TKDA and was approved by the City Council at their March 10, 2010 meeting. After reviewing this 2010 document with the Natural Resources Specialist and Water Resources Specialist, it is clear that a significant update to the inventory is needed. DISCUSSION: The previous NRI was focused on "Green Connections" among natural resources and the built environment such as trails and parks. The NRI update will build on this effort but with more emphasis on identification of all the natural resources and how they may be managed in a way that enhances the resource along with overall City water quality. In early 2023, the City Council approved the Consultant Pool for 2023-2027. TKDA, Inc. is one of the firms in the Consultant Pool, prepared the 2010 NRI, and has prepared the attached scope and budget based on meetings and discussions with City Staff regarding this project. The scope includes the following major tasks:  Project management including regular check-in meetings with Staff.  Stakeholder outreach and meetings with at least eight external groups.  Comprehensive review of planning studies completed since the 2010 NRI.  Photographic images of key natural resource areas.  GIS-based mapping of ecological, water, biological, and geological resources.  Field visits with City Staff to clarify or identify potential wetland areas.  Review of the City’s existing zoning code to identify potential revisions to enhance our natural resources.  Preparation of a final report. This update will serve as an essential reference document for the effective management of water and other natural resources. BUDGET IMPACT: Page 107 of 158 Work under this contract will be billed hourly for a cost not to exceed $43,200. The funding source is the Storm Water Fund. ACTION REQUESTED: Approve a Professional Services Agreement with TKDA, Inc. for the Natural Resources Inventory Update ATTACHMENTS: 031725 PSA TKDA NRI Page 108 of 158 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 17th day of March, 2025, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and TKDA, Inc. a Minnesota Corporation, whose business address is 444 Cedar Street, Suite 1500, St. Paul, MN 55101 (hereinafter "Engineer"). 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 Samantha McKinney, Project Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $43,200 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 109 of 158 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 November 30, 2025. 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 110 of 158 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. Said policy need not name the City as an additional insured. Page 111 of 158 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 polices shall contain a waiver of subrogation in favor of the City. g. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. h. All policies, including the Engineer’s Commercial General Liability and excepting Worker’s Compensation Policy and Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement for claims arising under that Policy. i. 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. j. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. k. 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. l. 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. m. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s Page 112 of 158 224345v1 right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. n. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from Page 113 of 158 224345v1 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 subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 114 of 158 224345v1 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. 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Page 115 of 158 Page 116 of 158 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 117 of 158 March 10, 2025 Mr. John Powell Public Works Director/City Engineer City of Farmington 19650 Municipal Drive Farmington, MN 55024 Re: Revised Proposal for Planning Services Natural Resource Inventory Plan Update, City of Farmington Dear Mr. Powell: In response to your request, we propose to provide Planning Services in connection with updating the City of Farmington’s Natural Resource Inventory Plan, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions in a forthcoming Professional Services Agreement with similar terms as previously agreed upon between the City of Farmington and TKDA. Hereinafter, the City of Farmington is referred to as the CLIENT. I. PROJECT DESCRIPTION The current Natural Resource Inventory Plan, “Farmington’s Green Connections: An Inventory and Management Plan,” was published in April 2010. An update is needed to make the content current and better align the report to the CLIENT's current needs. The updated plan will focus on an inventory of the natural resources and open space within the community and include coordination with relevant stakeholders. Additionally, the plan will provide updated GIS data for the CLIENT’s use. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA’s understanding of the Project, we propose to provide the following Planning services: A. Project Management 1. Project update meetings: Prepare for and conduct monthly update meetings (virtual) between TKDA and CLIENT. Five (5) meetings are assumed. 2. Project coordination: Coordinate internal project team meetings, track project budget, scope of work, schedule, invoicing, and coordinate with CLIENT and stakeholders. 3. Project stakeholder coordination: Coordinate virtual meetings with key stakeholders listed below. Ten (10) meetings are assumed. a. Vermillion River Watershed Joint Powers Organization (JPO) b. Dakota County Soil & Water Conservation District (SWCD) c. Pheasants Unlimited, Dakota Ringnecks Chapter d. Minnesota Ducks Unlimited e. Twin Cities Trout Unlimited f. City staff, including planning and parks g. Dakota County h. Southern Dakota County Sportsmen’s Club i. Minnesota Board of Water & Soil Resources (BWSR) B. Data Collection and Analysis 1. Review existing, relevant planning studies including the following: a. Existing plan (Farmington’s Green Connections: An Inventory and Management Plan) b. City 2040 Comprehensive Plan c. City Code of Ordinances d. Dakota County Comprehensive Plan DC2040 e. Dakota County Natural Resource Management System Plan (May 2017) f. Dakota County 2050 Vision Plan (if available—plan not yet completed) Page 118 of 158 Mr. John Powell | City of Farmington Natural Resource Inventory Plan March 10, 2025 Page 2 2. Drone Flight: Obtain photographic images of key natural resource areas. One (1) day of drone flight is assumed. 3. Comprehensive base map of existing conditions: Develop a series of GIS-based maps outlining the existing conditions within the City. These maps will be reviewed with the City for concurrence on findings. All data will be delivered in an ESRI format for the City’s future use. Data collection will be completed with the following framework: a. Ecological resources (ecological corridors, parks, greenways, trails, etc.) b. Water resources (surface and groundwater, including: wetlands, storm water ponds, and natural ponds) c. Biological resources (native plant communities, habitats, threatened, endangered species warm water and cold water areas, etc.) d. Geological resources (soil types, topography, karst, etc.) 4. Field Visits: intent is to clarify or identify potential wetland areas with City staff. Formal wetland delineation are included as an additional service, if the need arises. C. Zoning Code Review Following the data collection tasks, we will review the City’s existing zoning code and identify potential codes that may require updating. We have included an additional service task in Section III to provide updates to the zoning codes, if desired. D. Final Report TKDA will prepare a final report outlining the findings of the data collection tasks. Key plan elements will include: 1. Executive Summary outlining the key findings. 2. Process: Describing the methodology used to collect the findings. III. ADDITIONAL SERVICES If authorized in writing by the CLIENT, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Additional Wetland delineation if required. B. City zoning code updates. C. Additional GIS support. IV. CLIENT RESPONSIBILITIES These responsibilities include but are not limited to the following: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the signature block area of this Proposal. B. Provide TKDA with access to the site as required to perform services listed in SECTION II. C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so the Project schedule can be maintained. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal and to complete SECTION II services within Five (5) months. Page 119 of 158 Mr. John Powell | City of Farmington Natural Resource Inventory Plan March 10, 2025 Page 3 VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Time and Materials basis in an amount not to exceed $43,200. Our detailed Project Fee Estimate is attached. Payment shall be made in accordance with our forthcoming Agreement. The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore, if it appears at any time charges for services rendered under SECTION II will exceed the above, we agree we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you additional funds are available and our work can proceed. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. If acceptable, please issue the appropriate Professional Services Agreement for our review and execution. This Proposal will be open for acceptance for 30 days, unless the provisions herein are changed by us in writing prior to that time. Please feel free to Samantha McKinney directly at 651.292.4576 or Samantha.mckinney@tkda.com if you have any questions. Sincerely, Samantha McKinney, PLA, AICP Matthew J. Christensen, PE Project Manager Vice President–Surface Transportation Attachments: Project Fee Estimate SJM:MJC:lmf:sfs Page 120 of 158 Project Fee Estimate Client: City of Farmington, MN Date: 3/11/2025 Project:Natural Resources Plan Update Prepared By:SLM Estimated Person Hours Required Task Task Description PM Grad. Scientist Grad. Planner GIS Analyst Drone Pilot Admin. A Project Management Project update meetings (5 virtual meetings) 5 5 10 1,420$ Project stakeholder coordination (10 1/2 hour virtual meetings) 5 5 1,420$ Project coordination 8 8 1,288$ B Data Collection and Analysis Review existing planning studies 8 4 8 20 2,580$ Drone Flight 2 10 12 2,022$ Comprehensive base map 16 80 20 8 124 15,328$ Field Visits 40 4,920$ D Zoning Code Review Zoning Code Review 2 10 12 1,322$ E Final Report Draft Report 16 20 40 4 4 84 9,868$ Final Report 4 4 16 2 26 2,924$ 66 158 94 12 10 6 346 161$ 123$ 100$ 114$ 170$ 94$ 10,626$ 19,434$ 9,400$ 1,368$ 1,700$ 564$ 43,092$ Expenses: Travel & Subsistence (TS)100.00$ Total Project Fees 43,192$ Total Not to Exceed 43,200$ Total Person Hours Billing Rate/Hr x Multiplier Total Billable for Charged Time Total Hours Total Dollars Page 121 of 158 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 Dushane Parkway/Spruce Street Improvements Meeting: Regular Council - Mar 17 2025 INTRODUCTION: At the April 29, 2024 City Council Work Session, design concepts for the Dushane Parkway/Spruce Street intersection were discussed. The City Council indicated a clear preference for the T- intersection concept. As the front (western) drop-off area at the CDA building is used extensively, the T-intersection design includes a separate drop-off driveway going past Vermillion River Crossing. This will shift the heavy traffic movement away from the CDA building but maintain a drop-off lane for resident use. Final design of the intersection was authorized at the June 17, 2024 City Council meeting. DISCUSSION: An advertisement for bids was posted in the Dakota County Tribune and in Finance & Commerce on February 14 and 21, 2025. Notice was also posted on the QuestCDN website. Bids were publicly read at an online bid opening at 10 am on March 6, 2025. Eleven (11) bids were received. The low bidder is Northwest Asphalt of Shakopee in the amount of $883,868.03. The Engineer's Estimate of Construction Costs for the project is $1,364,553. Northwest Asphalt has successfully completed many similar projects in the past. A complete tabulation of bids is attached and is summarized below: Contractor Bid Amount Northwest Asphalt $ 883,868.03 McNamara Contracting $ 897,312.00 Schumacher Excavating Inc. $ 897,889.69 Ryan Contracting Co. $ 919,448.75 ICON, LLC. $ 939,503.95 BCM Construction, Inc. $ 966,000.00 Friedges Contracting, Inc. $ 968,161.80 Heselton Construction, LLC $ 974,432.50 Fitzgerald Excavating $1,032,197.10 Snow Contracting, LLC $1,035,346.18 Northdale Construction Company $1,172,463.76 Page 122 of 158 BUDGET IMPACT: Funding for this project, as identified in the approved 2025-2029 Capital Improvement Plan, included the following: State Aid (MSA Construction Fund) $ 700,000 Sewer Fund $ 50,000 Water Fund $ 50,000 Total $ 800,000 Based on the low bid received, and after allocating the watermain upsizing to the Water Trunk Fund, the proposed funding sources for the construction contract are as follows: MSA Construction Fund $ 641,543.53 Sanitary Sewer Fund $ 55,711.95 Water Fund $ 64,657.80 Trunk Water Fund $ 121,954.75 Total $ 883,868.03 The City’s assessment policy dated May 19, 2014 includes the following definitions:  Water Lateral: Water mains 8-inch or less in diameter and buried to a depth of 7-feet or less, hydrants, leads, gate valves, and all appropriate appurtenances on equivalent costs of oversized mains.  Water Trunk: Water main costs that are not considered water lateral costs Most of the watermain on this project is 16-inch; therefore, the Trunk Water Fund is identified as a funding source. Very competitive bids were received, with the low bid being about 35 percent below the Engineer's Estimate of Construction Costs. Northwest Asphalt is also working on the adjacent apartment site. As of March 10, 2025, the balance available in the City's Municipal State Aid (MSA) Construction Fund is $2,011,702.84; adequate MSA Construction Funds are available. 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 $88,000 (about 10% of the contract) be established as an aggregate of all change order increases, with a maximum amount of $30,000 allowed for any single change order increase without prior City Council approval. ACTION REQUESTED: Staff recommends acceptance of the bids and award of a contract for construction of the Dushane Parkway/Spruce Street Improvements project to Northwest Asphalt of Shakopee in the amount of their bid $883,868.03 and authorize the Mayor and City Clerk to execute the same. This includes approval of a change order contingency of $88,000 (about 10% of the contract) be established as an aggregate of all change order increases, with a maximum amount of $30,000 allowed for any single change order increase without prior City Council approval. Page 123 of 158 ATTACHMENTS: Location Maps 20240310--Farmington-Dushane_Spruce--Award of Bid Recommendation Dushane Spruce--Bid Abstract_20250306 Page 124 of 158 Pa g e 1 2 5 o f 1 5 8 ALLIANT Pa g e 1 2 6 o f 1 5 8 www.alliant-inc.com 733 Marquette Avenue, Suite 700 612.758.3080 MAIN | 612.758.3099 FAX Minneapolis, MN 55402 March 10, 2025 Mr. John Powell Public Works Director/City Engineer City of Farmington Re: Dushane Parkway/Spruce Street Improvements Project City Project No. 24-12 Recommendation to Award Construction Contract Dear Mr. Powell: Regarding the above-named project, this letter summarizes the public bidding process and bid results and makes recommendation for award of a construction contract to complete the proposed work. The project was advertised on February 13, 2025 on the QuestCDN online bidding site. Additionally, an advertisement was published in the Dakota County Tribune on February 14, 2025 and February 21, 2025 to serve as the City’s official publication. Bids were publicly read at an online bid opening on March 6, 2025. The following eleven bids were submitted: Contractor Base Bid Northwest $883,868.03 McNamara Contracting Inc. $897,312.00 Schumacher Excavating Inc. $897,889.69 Ryan Contracting Co. $919,448.75 ICON, LLC $939,503.95 BCM Construction, Inc. $966,000.00 Friedges Contracting, Inc. $968,161.80 Heselton Construction, LLC. $974,432.50 Page 127 of 158 Dushane Parkway/Spruce Street Improvements Project – Recommendation to Award Construction Contract PAGE 2 www.alliant-inc.com Fitzgerald Excavating $1,032,197. 0 Snow Contracting, LLC $1,035,346.18 Northdale Construction Company $1,172,463.76 We have reviewed the bid submitted by the apparent low bidder, Northwest, and have confirmed the accuracy and completeness of their bid and that they are the lowest responsive and responsible bidder. Therefore, we recommend that the City award a construction contract to Northwest to complete the proposed Dushane Parkway/Spruce Street Improvements project. Sincerely, Eric Nelson, PE Principal and Project Manager Page 128 of 158 BID ABSTRACT Dushane Parkway/Spruce Street Improvements City Project No. 24-12 Bid opening: 3/6/2025 10:00 Item No.Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 MOBILIZATION LUMP SUM 1 70,000.00$ 70,000.00$ 40,000.00$ 40,000.00$ $38,500.00 $38,500.00 $50,000.00 $50,000.00 $40,000.00 $40,000.00 $30,000.00 $30,000.00 $41,000.00 $41,000.00 $53,669.83 $53,669.83 $45,000.00 $45,000.00 $110,000.00 $110,000.00 $65,000.00 $65,000.00 $34,805.75 $34,805.75 2 CLEARING EACH 1 900.00$ 900.00$ 1,050.00$ 1,050.00$ $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $500.00 $500.00 $428.91 $428.91 $2,500.00 $2,500.00 $1,050.00 $1,050.00 $1,500.00 $1,500.00 $750.00 $750.00 $420.00 $420.00 3 GRUBBING EACH 1 200.00$ 200.00$ 525.00$ 525.00$ $500.00 $500.00 $1,500.00 $1,500.00 $500.00 $500.00 $500.00 $500.00 $250.00 $250.00 $1,000.00 $1,000.00 $525.00 $525.00 $1,000.00 $1,000.00 $750.00 $750.00 $105.00 $105.00 4 CLEARING ACRE 0.2 40,000.00$ 8,000.00$ 10,500.00$ 2,100.00$ $10,000.00 $2,000.00 $15,000.00 $3,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $11,000.00 $2,200.00 $10,000.00 $2,000.00 $10,500.00 $2,100.00 $15,000.00 $3,000.00 $5,000.00 $1,000.00 $26,250.00 $5,250.00 5 GRUBBING ACRE 0.2 20,000.00$ 4,000.00$ 10,500.00$ 2,100.00$ $10,000.00 $2,000.00 $10,500.00 $2,100.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,000.00 $10,500.00 $2,100.00 $10,000.00 $2,000.00 $5,000.00 $1,000.00 $10,500.00 $2,100.00 6 REMOVE SIGN EACH 9 50.00$ 450.00$ 26.25$ 236.25$ $30.00 $270.00 $26.00 $234.00 $25.00 $225.00 $100.00 $900.00 $27.50 $247.50 $25.00 $225.00 $26.00 $234.00 $200.00 $1,800.00 $25.00 $225.00 $47.25 $425.25 7 REMOVE LIGHT FOUNDATION EACH 10 400.00$ 4,000.00$ 300.00$ 3,000.00$ $650.00 $6,500.00 $100.00 $1,000.00 $500.00 $5,000.00 $600.00 $6,000.00 $383.95 $3,839.50 $225.23 $2,252.30 $900.00 $9,000.00 $500.00 $5,000.00 $750.00 $7,500.00 $400.00 $4,000.00 8 SALVAGE TREE GRATE EACH 4 100.00$ 400.00$ 150.00$ 600.00$ $250.00 $1,000.00 $200.00 $800.00 $100.00 $400.00 $100.00 $400.00 $233.81 $935.24 $150.00 $600.00 $150.00 $600.00 $300.00 $1,200.00 $150.00 $600.00 $152.50 $610.00 9 SALVAGE ORNAMENTAL LIGHT EACH 10 500.00$ 5,000.00$ 535.00$ 5,350.00$ $500.00 $5,000.00 $525.00 $5,250.00 $510.00 $5,100.00 $510.00 $5,100.00 $560.96 $5,609.60 $1,020.00 $10,200.00 $550.00 $5,500.00 $520.00 $5,200.00 $510.00 $5,100.00 $535.50 $5,355.00 10 SALVAGE SIGN EACH 8 50.00$ 400.00$ 26.25$ 210.00$ $30.00 $240.00 $26.00 $208.00 $25.00 $200.00 $100.00 $800.00 $27.50 $220.00 $30.00 $240.00 $26.00 $208.00 $200.00 $1,600.00 $25.00 $200.00 $47.25 $378.00 11 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT 86 6.00$ 516.00$ 5.00$ 430.00$ $3.00 $258.00 $9.00 $774.00 $10.00 $860.00 $4.00 $344.00 $3.95 $339.70 $9.00 $774.00 $3.00 $258.00 $5.00 $430.00 $3.00 $258.00 $5.25 $451.50 12 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 261 4.00$ 1,044.00$ 4.00$ 1,044.00$ $3.00 $783.00 $6.00 $1,566.00 $6.00 $1,566.00 $2.00 $522.00 $3.95 $1,030.95 $2.00 $522.00 $3.00 $783.00 $4.00 $1,044.00 $3.00 $783.00 $7.00 $1,827.00 13 REMOVE CURB & GUTTER LIN FT 2006 10.00$ 20,060.00$ 2.95$ 5,917.70$ $5.50 $11,033.00 $2.60 $5,215.60 $4.00 $8,024.00 $3.50 $7,021.00 $3.00 $6,018.00 $7.59 $15,225.54 $4.00 $8,024.00 $6.00 $12,036.00 $5.00 $10,030.00 $2.00 $4,012.00 14 REMOVE CABLES LIN FT 760 1.00$ 760.00$ 2.00$ 1,520.00$ $1.00 $760.00 $1.00 $760.00 $4.00 $3,040.00 $2.00 $1,520.00 $2.20 $1,672.00 $3.54 $2,690.40 $2.50 $1,900.00 $5.00 $3,800.00 $5.00 $3,800.00 $2.00 $1,520.00 15 REMOVE NON-METALLIC CONDUIT LIN FT 760 6.00$ 4,560.00$ 10.00$ 7,600.00$ $5.00 $3,800.00 $1.00 $760.00 $4.00 $3,040.00 $2.00 $1,520.00 $2.20 $1,672.00 $3.54 $2,690.40 $2.50 $1,900.00 $5.00 $3,800.00 $5.00 $3,800.00 $2.00 $1,520.00 16 REMOVE BITUMINOUS PAVEMENT SQ YD 3685 10.00$ 36,850.00$ 1.55$ 5,711.75$ $2.20 $8,107.00 $5.00 $18,425.00 $4.00 $14,740.00 $2.75 $10,133.75 $1.25 $4,606.25 $4.59 $16,914.15 $2.50 $9,212.50 $5.00 $18,425.00 $4.00 $14,740.00 $3.01 $11,091.85 17 REMOVE CONCRETE WALK SQ FT 7069 2.50$ 17,672.50$ 0.75$ 5,301.75$ $0.50 $3,534.50 $0.40 $2,827.60 $0.75 $5,301.75 $0.80 $5,655.20 $1.56 $11,027.64 $1.04 $7,351.76 $1.50 $10,603.50 $5.00 $35,345.00 $4.00 $28,276.00 $2.00 $14,138.00 18 SALVAGE SIGN SPECIAL EACH 3 300.00$ 900.00$ 26.25$ 78.75$ $30.00 $90.00 $26.00 $78.00 $25.00 $75.00 $100.00 $300.00 $27.50 $82.50 $39.53 $118.59 $26.00 $78.00 $400.00 $1,200.00 $25.00 $75.00 $57.75 $173.25 19 EXCAVATION - COMMON CU YD 4350 30.00$ 130,500.00$ 8.60$ 37,410.00$ $16.00 $69,600.00 $11.50 $50,025.00 $15.00 $65,250.00 $18.00 $78,300.00 $10.50 $45,675.00 $9.22 $40,107.00 $15.00 $65,250.00 $10.00 $43,500.00 $12.00 $52,200.00 $25.93 $112,795.50 20 COMMON EMBANKMENT (CV) CU YD 640 20.00$ 12,800.00$ 6.80$ 4,352.00$ $10.00 $6,400.00 $3.00 $1,920.00 $5.00 $3,200.00 $3.00 $1,920.00 $9.00 $5,760.00 $3.40 $2,176.00 $2.50 $1,600.00 $2.00 $1,280.00 $5.00 $3,200.00 $24.49 $15,673.60 21 AGGREGATE BASE (CV) CLASS 5 CU YD 2070 35.00$ 72,450.00$ 35.90$ 74,313.00$ $20.00 $41,400.00 $29.00 $60,030.00 $25.00 $51,750.00 $35.00 $72,450.00 $30.00 $62,100.00 $38.53 $79,757.10 $37.00 $76,590.00 $25.00 $51,750.00 $35.00 $72,450.00 $36.77 $76,113.90 22 TYPE SP 9.5 WEARING COURSE MIX (3;C) TON 420 95.00$ 39,900.00$ 94.00$ 39,480.00$ $73.00 $30,660.00 $85.35 $35,847.00 $76.00 $31,920.00 $76.00 $31,920.00 $95.59 $40,147.80 $76.00 $31,920.00 $79.50 $33,390.00 $102.00 $42,840.00 $87.31 $36,670.20 $79.80 $33,516.00 23 TYPE SP 12.5 NON WEAR COURSE MIX (3;C) TON 820 90.00$ 73,800.00$ 81.00$ 66,420.00$ $73.00 $59,860.00 $85.35 $69,987.00 $76.00 $62,320.00 $76.00 $62,320.00 $90.55 $74,251.00 $76.00 $62,320.00 $79.50 $65,190.00 $102.00 $83,640.00 $81.80 $67,076.00 $79.80 $65,436.00 24 4" CONCRETE WALK SQ FT 8386 8.00$ 67,088.00$ 5.85$ 49,058.10$ $5.50 $46,123.00 $6.00 $50,316.00 $7.00 $58,702.00 $7.50 $62,895.00 $7.69 $64,488.34 $6.67 $55,934.62 $5.50 $46,123.00 $6.00 $50,316.00 $7.75 $64,991.50 $6.45 $54,089.70 25 6" CONCRETE WALK SQ FT 316 15.00$ 4,740.00$ 16.51$ 5,217.16$ $15.25 $4,819.00 $14.50 $4,582.00 $12.00 $3,792.00 $17.50 $5,530.00 $20.12 $6,357.92 $16.76 $5,296.16 $16.00 $5,056.00 $19.27 $6,089.32 $21.25 $6,715.00 $17.10 $5,403.60 26 DRILL & GROUT REINF BAR (EPOXY COATED) EACH 22 17.00$ 374.00$ 10.50$ 231.00$ $10.00 $220.00 $10.30 $226.60 $20.00 $440.00 $10.00 $220.00 $15.40 $338.80 $10.00 $220.00 $10.50 $231.00 $15.83 $348.26 $15.83 $348.26 $10.50 $231.00 27 CONCRETE CURB & GUTTER DESIGN B612 LIN FT 846 35.00$ 29,610.00$ 18.11$ 15,321.06$ $18.00 $15,228.00 $20.45 $17,300.70 $22.00 $18,612.00 $26.00 $21,996.00 $22.10 $18,696.60 $18.85 $15,947.10 $19.50 $16,497.00 $17.37 $14,695.02 $17.37 $14,695.02 $18.11 $15,321.06 28 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 1706 30.00$ 51,180.00$ 18.58$ 31,697.48$ $18.00 $30,708.00 $20.85 $35,570.10 $22.00 $37,532.00 $29.00 $49,474.00 $25.40 $43,332.40 $19.36 $33,028.16 $20.00 $34,120.00 $19.43 $33,147.58 $19.43 $33,147.58 $18.59 $31,714.54 29 8" CONCRETE DRIVEWAY PAVEMENT SQ YD 54 150.00$ 8,100.00$ 125.00$ 6,750.00$ $115.00 $6,210.00 $85.94 $4,640.76 $100.00 $5,400.00 $110.00 $5,940.00 $141.69 $7,651.26 $114.00 $6,156.00 $120.00 $6,480.00 $104.33 $5,633.82 $104.33 $5,633.82 $136.37 $7,363.98 30 7" CONCRETE VALLEY GUTTER SQ YD 44 105.00$ 4,620.00$ 116.34$ 5,118.96$ $112.00 $4,928.00 $115.27 $5,071.88 $90.00 $3,960.00 $105.00 $4,620.00 $144.46 $6,356.24 $110.80 $4,875.20 $120.00 $5,280.00 $127.70 $5,618.80 $127.70 $5,618.80 $116.34 $5,118.96 31 TRUNCATED DOMES SQ FT 44 75.00$ 3,300.00$ 52.00$ 2,288.00$ $50.00 $2,200.00 $67.00 $2,948.00 $70.00 $3,080.00 $50.00 $2,200.00 $57.20 $2,516.80 $50.00 $2,200.00 $52.50 $2,310.00 $42.60 $1,874.40 $42.60 $1,874.40 $53.59 $2,357.96 32 REVISE LIGHTING SYSTEM LUMP SUM 1 50,000.00$ 50,000.00$ 24,500.00$ 24,500.00$ $25,000.00 $25,000.00 $24,000.00 $24,000.00 $23,000.00 $23,000.00 $23,000.00 $23,000.00 $25,298.07 $25,298.07 $50,000.00 $50,000.00 $24,500.00 $24,500.00 $25,000.00 $25,000.00 $23,000.00 $23,000.00 $24,150.00 $24,150.00 33 INSTALL ORNAMENTAL LIGHT EACH 10 2,500.00$ 25,000.00$ 1,500.00$ 15,000.00$ $1,500.00 $15,000.00 $1,463.00 $14,630.00 $1,420.00 $14,200.00 $1,420.00 $14,200.00 $1,561.88 $15,618.80 $3,000.00 $30,000.00 $1,500.00 $15,000.00 $1,500.00 $15,000.00 $1,420.00 $14,200.00 $14,910.00 $149,100.00 34 TRAFFIC CONTROL LUMP SUM 1 25,000.00$ 25,000.00$ 2,050.00$ 2,050.00$ $2,000.00 $2,000.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $2,144.83 $2,144.83 $2,250.00 $2,250.00 $2,100.00 $2,100.00 $1,000.00 $1,000.00 $1,950.00 $1,950.00 $1,050.00 $1,050.00 35 INSTALL SIGN EACH 8 300.00$ 2,400.00$ 158.00$ 1,264.00$ $160.00 $1,280.00 $155.00 $1,240.00 $150.00 $1,200.00 $200.00 $1,600.00 $164.99 $1,319.92 $150.00 $1,200.00 $160.00 $1,280.00 $235.00 $1,880.00 $150.00 $1,200.00 $246.75 $1,974.00 36 INSTALL SIGN SPECIAL EACH 3 300.00$ 900.00$ 263.00$ 789.00$ $275.00 $825.00 $260.00 $780.00 $250.00 $750.00 $300.00 $900.00 $274.98 $824.94 $275.00 $825.00 $265.00 $795.00 $400.00 $1,200.00 $250.00 $750.00 $404.25 $1,212.75 37 SIGN SQ FT 26 110.00$ 2,860.00$ 58.00$ 1,508.00$ $60.00 $1,560.00 $57.00 $1,482.00 $55.00 $1,430.00 $55.00 $1,430.00 $60.50 $1,573.00 $55.00 $1,430.00 $58.00 $1,508.00 $65.00 $1,690.00 $55.00 $1,430.00 $68.25 $1,774.50 38 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 10,000.00$ 10,000.00$ 2,200.00$ 2,200.00$ $1,500.00 $1,500.00 $1,500.00 $1,500.00 $500.00 $500.00 $1,500.00 $1,500.00 $3,811.59 $3,811.59 $2,217.87 $2,217.87 $3,500.00 $3,500.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $3,675.00 $3,675.00 39 EROSION CONTROL SUPERVISOR LUMP SUM 1 10,000.00$ 10,000.00$ 500.00$ 500.00$ $10,000.00 $10,000.00 $1,000.00 $1,000.00 $1.00 $1.00 $500.00 $500.00 $2,369.51 $2,369.51 $1,516.90 $1,516.90 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $6,750.00 $6,750.00 40 SILT FENCE; TYPE MS LIN FT 860 5.00$ 4,300.00$ 2.50$ 2,150.00$ $3.00 $2,580.00 $2.06 $1,771.60 $2.00 $1,720.00 $2.00 $1,720.00 $2.20 $1,892.00 $2.50 $2,150.00 $2.10 $1,806.00 $2.00 $1,720.00 $2.00 $1,720.00 $2.10 $1,806.00 41 SUBSOILING ACRE 0.7 1,000.00$ 700.00$ 2,000.00$ 1,400.00$ $2,250.00 $1,575.00 $300.00 $210.00 $500.00 $350.00 $500.00 $350.00 $549.96 $384.97 $2,000.00 $1,400.00 $315.00 $220.50 $500.00 $350.00 $500.00 $350.00 $525.00 $367.50 42 SOIL BED PREPARATION ACRE 1.8 700.00$ 1,260.00$ 500.00$ 900.00$ $1,500.00 $2,700.00 $515.00 $927.00 $500.00 $900.00 $500.00 $900.00 $549.96 $989.93 $650.00 $1,170.00 $525.00 $945.00 $500.00 $900.00 $500.00 $900.00 $525.00 $945.00 43 FERTILIZER TYPE 3 POUND 330 2.00$ 660.00$ 1.05$ 346.50$ $1.20 $396.00 $1.03 $339.90 $1.00 $330.00 $1.00 $330.00 $1.10 $363.00 $0.50 $165.00 $1.10 $363.00 $1.00 $330.00 $1.00 $330.00 $1.05 $346.50 44 SODDING TYPE SALT TOLERANT SQ YD 2476 16.00$ 39,616.00$ 11.02$ 27,285.52$ $9.00 $22,284.00 $11.00 $27,236.00 $10.50 $25,998.00 $15.00 $37,140.00 $13.00 $32,188.00 $6.00 $14,856.00 $14.00 $34,664.00 $10.00 $24,760.00 $10.50 $25,998.00 $11.03 $27,310.28 45 SEEDING ACRE 0.7 600.00$ 420.00$ 510.00$ 357.00$ $750.00 $525.00 $515.00 $360.50 $500.00 $350.00 $500.00 $350.00 $549.96 $384.97 $750.00 $525.00 $12,250.00 $8,575.00 $1,000.00 $700.00 $500.00 $350.00 $525.00 $367.50 46 DISK ANCHORING ACRE 1 300.00$ 210.00$ 510.00$ 357.00$ $1,500.00 $1,050.00 $515.00 $360.50 $500.00 $350.00 $500.00 $350.00 $549.96 $384.97 $250.00 $175.00 $525.00 $367.50 $500.00 $350.00 $500.00 $350.00 $525.00 $367.50 47 MULCH MATERIAL TYPE 3 TON 1.3 350.00$ 455.00$ 350.00$ 455.00$ $2,000.00 $2,600.00 $360.00 $468.00 $350.00 $455.00 $350.00 $455.00 $384.97 $500.46 $500.00 $650.00 $375.00 $487.50 $200.00 $260.00 $350.00 $455.00 $367.50 $477.75 48 SEED SOUTHERN TALLGRASS ROADSIDE POUND 16 40.00$ 640.00$ 34.23$ 547.68$ $20.00 $320.00 $34.00 $544.00 $33.00 $528.00 $35.00 $560.00 $35.86 $573.76 $22.00 $352.00 $35.00 $560.00 $30.00 $480.00 $32.60 $521.60 $34.23 $547.68 49 4" SOLID LINE MULTI COMP LIN FT 282 15.00$ 4,230.00$ 2.10$ 592.20$ $3.00 $846.00 $2.06 $580.92 $2.00 $564.00 $2.00 $564.00 $2.20 $620.40 $4.04 $1,139.28 $2.25 $634.50 $2.40 $676.80 $2.00 $564.00 $1.58 $445.56 50 12" SOLID LINE MULTI COMP LIN FT 94 6.00$ 564.00$ 6.83$ 642.02$ $7.50 $705.00 $6.70 $629.80 $6.50 $611.00 $7.00 $658.00 $7.15 $672.10 $6.50 $611.00 $6.75 $634.50 $7.00 $658.00 $6.50 $611.00 $6.30 $592.20 51 24" SOLID LINE MULTI COMP LIN FT 26 15.00$ 390.00$ 13.65$ 354.90$ $15.00 $390.00 $13.40 $348.40 $13.00 $338.00 $13.00 $338.00 $14.30 $371.80 $13.00 $338.00 $13.75 $357.50 $14.00 $364.00 $13.00 $338.00 $12.60 $327.60 52 4" BROKEN LINE MULTI COMP LIN FT 105 2.50$ 262.50$ 2.10$ 220.50$ $3.00 $315.00 $2.06 $216.30 $2.00 $210.00 $2.00 $210.00 $2.20 $231.00 $2.00 $210.00 $2.25 $236.25 $2.40 $252.00 $2.00 $210.00 $3.15 $330.75 53 4" DBLE SOLID LINE MULTI COMP LIN FT 690 4.00$ 2,760.00$ 3.15$ 2,173.50$ $5.00 $3,450.00 $3.09 $2,132.10 $3.00 $2,070.00 $3.00 $2,070.00 $3.30 $2,277.00 $3.00 $2,070.00 $3.25 $2,242.50 $4.80 $3,312.00 $3.00 $2,070.00 $2.63 $1,814.70 54 PAVT MSSG MULTI COMP SQ FT 47 15.00$ 705.00$ 12.60$ 592.20$ $12.00 $564.00 $12.36 $580.92 $12.00 $564.00 $12.00 $564.00 $13.20 $620.40 $12.00 $564.00 $12.75 $599.25 $11.30 $531.10 $12.00 $564.00 $10.50 $493.50 857,507.00$ 506,616.98$ 501,196.50$ 517,801.18$ 518,448.75$ 566,689.95$ 556,267.38$ 576,726.36$ 560,569.00$ 632,527.10$ 589,369.18$ 739,544.67$ 55 REMOVE GATE VALVE & BOX EACH 2 450.00$ 900.00$ 190.00$ 380.00$ $550.00 $1,100.00 $200.00 $400.00 $500.00 $1,000.00 $100.00 $200.00 $210.49 $420.98 $244.47 $488.94 $405.00 $810.00 $500.00 $1,000.00 $350.00 $700.00 $250.00 $500.00 56 SALVAGE HYDRANT EACH 2 1,200.00$ 2,400.00$ 535.00$ 1,070.00$ $550.00 $1,100.00 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $800.00 $1,600.00 $900.00 $1,800.00 $244.47 $488.94 $825.00 $1,650.00 $750.00 $1,500.00 $600.00 $1,200.00 $675.00 $1,350.00 57 REMOVE WATER MAIN LIN FT 543 25.00$ 13,575.00$ 11.50$ 6,244.50$ $15.50 $8,416.50 $10.00 $5,430.00 $8.00 $4,344.00 $10.00 $5,430.00 $3.54 $1,922.22 $16.40 $8,905.20 $5.25 $2,850.75 $10.00 $5,430.00 $5.00 $2,715.00 $5.00 $2,715.00 58 CONNECT TO EXISTING WATER MAIN EACH 4 2,500.00$ 10,000.00$ 1,240.00$ 4,960.00$ $900.00 $3,600.00 $1,000.00 $4,000.00 $3,000.00 $12,000.00 $1,000.00 $4,000.00 $1,400.00 $5,600.00 $2,566.32 $10,265.28 $2,500.00 $10,000.00 $2,000.00 $8,000.00 $1,500.00 $6,000.00 $2,250.00 $9,000.00 59 INSTALL HYDRANT EACH 3 5,500.00$ 16,500.00$ 7,300.00$ 21,900.00$ $6,800.00 $20,400.00 $3,300.00 $9,900.00 $6,500.00 $19,500.00 $3,000.00 $9,000.00 $6,800.00 $20,400.00 $2,877.90 $8,633.70 $5,000.00 $15,000.00 $2,500.00 $7,500.00 $6,500.00 $19,500.00 $6,945.13 $20,835.39 60 ADJUST VALVE BOX EACH 5 520.00$ 2,600.00$ 675.00$ 3,375.00$ $700.00 $3,500.00 $250.00 $1,250.00 $800.00 $4,000.00 $500.00 $2,500.00 $213.07 $1,065.35 $345.29 $1,726.45 $250.00 $1,250.00 $200.00 $1,000.00 $350.00 $1,750.00 $250.00 $1,250.00 61 6" GATE VALVE & BOX EACH 3 4,000.00$ 12,000.00$ 2,340.00$ 7,020.00$ $4,150.00 $12,450.00 $2,800.00 $8,400.00 $3,000.00 $9,000.00 $2,850.00 $8,550.00 $2,700.00 $8,100.00 $2,854.38 $8,563.14 $2,875.00 $8,625.00 $2,800.00 $8,400.00 $3,100.00 $9,300.00 $2,731.64 $8,194.92 62 8" GATE VALVE & BOX EACH 1 4,800.00$ 4,800.00$ 4,640.00$ 4,640.00$ $5,150.00 $5,150.00 $3,740.00 $3,740.00 $4,000.00 $4,000.00 $3,950.00 $3,950.00 $3,500.00 $3,500.00 $3,737.55 $3,737.55 $3,775.00 $3,775.00 $3,800.00 $3,800.00 $4,000.00 $4,000.00 $3,656.23 $3,656.23 63 16" GATE VALVE & BOX EACH 1 7,500.00$ 7,500.00$ 18,075.00$ 18,075.00$ $21,500.00 $21,500.00 $20,500.00 $20,500.00 $20,000.00 $20,000.00 $21,350.00 $21,350.00 $20,000.00 $20,000.00 $22,368.54 $22,368.54 $20,500.00 $20,500.00 $18,000.00 $18,000.00 $20,000.00 $20,000.00 $21,546.83 $21,546.83 64 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 58 90.00$ 5,220.00$ 61.00$ 3,538.00$ $75.00 $4,350.00 $65.00 $3,770.00 $80.00 $4,640.00 $55.00 $3,190.00 $100.91 $5,852.78 $67.12 $3,892.96 $140.00 $8,120.00 $60.00 $3,480.00 $90.00 $5,220.00 $80.19 $4,651.02 65 8" WATERMAIN DUCTILE IRON CL 52 LIN FT 92 95.00$ 8,740.00$ 69.00$ 6,348.00$ $100.00 $9,200.00 $80.00 $7,360.00 $90.00 $8,280.00 $75.00 $6,900.00 $93.75 $8,625.00 $86.84 $7,989.28 $123.00 $11,316.00 $70.00 $6,440.00 $100.00 $9,200.00 $94.43 $8,687.56 66 16" WATERMAIN DUCTILE IRON CL 51 LIN FT 526 180.00$ 94,680.00$ 137.00$ 72,062.00$ $150.00 $78,900.00 $144.00 $75,744.00 $150.00 $78,900.00 $145.00 $76,270.00 $155.00 $81,530.00 $156.75 $82,450.50 $165.00 $86,790.00 $170.00 $89,420.00 $160.00 $84,160.00 $148.23 $77,968.98 67 2" POLYSTYRENE INSULATION SQ YD 250 55.00$ 13,750.00$ 31.00$ 7,750.00$ $25.00 $6,250.00 $31.10 $7,775.00 $30.00 $7,500.00 $30.00 $7,500.00 $35.00 $8,750.00 $46.75 $11,687.50 $25.00 $6,250.00 $20.00 $5,000.00 $35.00 $8,750.00 $36.23 $9,057.50 68 DUCTILE IRON FITTINGS - EPOXY COATED POUND 3608 15.00$ 54,120.00$ 8.35$ 30,126.80$ $9.50 $34,276.00 $12.50 $45,100.00 $7.00 $25,256.00 $8.00 $28,864.00 $8.93 $32,219.44 $7.69 $27,745.52 $10.00 $36,080.00 $6.00 $21,648.00 $15.00 $54,120.00 $10.55 $38,064.40 246,785.00$ 187,489.30$ 210,192.50$ 195,369.00$ 200,420.00$ 179,304.00$ 199,785.77$ 198,943.50$ 213,016.75$ 180,618.00$ 226,615.00$ 207,477.83$ Northdale Construction Company SUBTOTAL FOR SCHEDULE A SCHEDULE B SUBTOTAL FOR SCHEDULE B SCHEDULE A Schumacher Excavating Inc.Northwest Ryan Contracting Co. Fitzgerald Excavating Snow Contracting, LLCEngineer's Estimate McNamara Contracting Inc ICON, LLC. BCM Construction, Inc. Friedges Contracting, Inc. Heselton Construction, LLC Pa g e 1 2 9 o f 1 5 8 69 REMOVE SEWER PIPE (SANITARY) LIN FT 17 30.00$ 510.00$ 14.50$ 246.50$ $25.00 $425.00 $1.00 $17.00 $20.00 $340.00 $10.00 $170.00 $3.54 $60.18 $20.22 $343.74 $2.50 $42.50 $20.00 $340.00 $1.00 $17.00 $5.00 $85.00 70 CONNECT TO EXISTING SANITARY SEWER EACH 1 2,200.00$ 2,200.00$ 948.00$ 948.00$ $2,200.00 $2,200.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $900.00 $900.00 $916.94 $916.94 $639.29 $639.29 $1,150.00 $1,150.00 $1,500.00 $1,500.00 $750.00 $750.00 $2,250.00 $2,250.00 71 6" CLEAN-OUT ASSEMBLY EACH 1 1,300.00$ 1,300.00$ 435.00$ 435.00$ $525.00 $525.00 $930.00 $930.00 $1,000.00 $1,000.00 $600.00 $600.00 $726.62 $726.62 $742.26 $742.26 $300.00 $300.00 $400.00 $400.00 $650.00 $650.00 $730.80 $730.80 72 8" CLEAN-OUT ASSEMBLY EACH 1 1,400.00$ 1,400.00$ 485.00$ 485.00$ $950.00 $950.00 $1,325.00 $1,325.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,134.69 $1,134.69 $1,195.81 $1,195.81 $1,150.00 $1,150.00 $500.00 $500.00 $1,000.00 $1,000.00 $1,180.20 $1,180.20 73 VIDEO TAPE PIPE SEWER LIN FT 504 5.00$ 2,520.00$ 3.80$ 1,915.20$ $2.25 $1,134.00 $9.80 $4,939.20 $8.00 $4,032.00 $8.00 $4,032.00 $10.76 $5,423.04 $3.00 $1,512.00 $10.00 $5,040.00 $12.00 $6,048.00 $10.00 $5,040.00 $4.20 $2,116.80 74 8" PVC PIPE SEWER (SDR 35) LIN FT 504 85.00$ 42,840.00$ 50.50$ 25,452.00$ $42.00 $21,168.00 $39.70 $20,008.80 $60.00 $30,240.00 $30.00 $15,120.00 $54.00 $27,216.00 $32.42 $16,339.68 $49.00 $24,696.00 $40.00 $20,160.00 $65.00 $32,760.00 $54.73 $27,583.92 75 6" PVC SANITARY SERVICE PIPE (SCH 40) LIN FT 34 80.00$ 2,720.00$ 36.50$ 1,241.00$ $35.00 $1,190.00 $35.80 $1,217.20 $55.00 $1,870.00 $35.00 $1,190.00 $53.35 $1,813.90 $29.26 $994.84 $60.00 $2,040.00 $40.00 $1,360.00 $55.00 $1,870.00 $54.93 $1,867.62 76 8" PVC SANITARY SERVICE PIPE (SCH 40) LIN FT 8 90.00$ 720.00$ 44.00$ 352.00$ $50.00 $400.00 $48.00 $384.00 $75.00 $600.00 $35.00 $280.00 $68.99 $551.92 $66.45 $531.60 $155.00 $1,240.00 $40.00 $320.00 $75.00 $600.00 $66.14 $529.12 77 SANITARY SEWER CASTING ASSEMBLY EACH 3 1,300.00$ 3,900.00$ 2,250.00$ 6,750.00$ $1,450.00 $4,350.00 $881.00 $2,643.00 $800.00 $2,400.00 $1,550.00 $4,650.00 $1,472.72 $4,418.16 $1,851.29 $5,553.87 $1,400.00 $4,200.00 $750.00 $2,250.00 $1,500.00 $4,500.00 $1,386.93 $4,160.79 78 SANITARY SEWER MANHOLE LIN FT 24.6 700.00$ 17,220.00$ 460.00$ 11,316.00$ $550.00 $13,530.00 $603.00 $14,833.80 $380.00 $9,348.00 $675.00 $16,605.00 $600.00 $14,760.00 $574.13 $14,123.60 $585.00 $14,391.00 $750.00 $18,450.00 $425.00 $10,455.00 $500.01 $12,300.25 75,330.00$ 49,140.70$ 45,872.00$ 47,298.00$ 54,330.00$ 44,547.00$ 57,021.45$ 41,976.69$ 54,249.50$ 51,328.00$ 57,642.00$ 52,804.50$ 79 REMOVE MANHOLE OR CATCH BASIN EACH 9 700.00$ 6,300.00$ 285.00$ 2,565.00$ $375.00 $3,375.00 $500.00 $4,500.00 $700.00 $6,300.00 $300.00 $2,700.00 $312.00 $2,808.00 $732.85 $6,595.65 $330.00 $2,970.00 $1,000.00 $9,000.00 $600.00 $5,400.00 $799.76 $7,197.84 80 REMOVE SEWER PIPE (STORM) LIN FT 863 20.00$ 17,260.00$ 14.25$ 12,297.75$ $14.00 $12,082.00 $10.00 $8,630.00 $10.00 $8,630.00 $13.00 $11,219.00 $7.59 $6,550.17 $15.77 $13,609.51 $15.75 $13,592.25 $12.00 $10,356.00 $15.00 $12,945.00 $15.00 $12,945.00 81 6" PVC PIPE SEWER (SCH 40) LIN FT 31 55.00$ 1,705.00$ 30.50$ 945.50$ $35.00 $1,085.00 $30.61 $948.91 $75.00 $2,325.00 $32.00 $992.00 $54.19 $1,679.89 $23.83 $738.73 $60.00 $1,860.00 $40.00 $1,240.00 $30.00 $930.00 $50.65 $1,570.15 82 15" RC PIPE SEWER DES 3006 CL V LIN FT 326 83.00$ 27,058.00$ 57.70$ 18,810.20$ $60.00 $19,560.00 $57.00 $18,582.00 $72.00 $23,472.00 $62.00 $20,212.00 $82.38 $26,855.88 $60.07 $19,582.82 $58.00 $18,908.00 $77.00 $25,102.00 $75.00 $24,450.00 $75.02 $24,456.52 83 21" RC PIPE SEWER DES 3006 CL III LIN FT 695 90.00$ 62,550.00$ 70.80$ 49,206.00$ $70.00 $48,650.00 $68.00 $47,260.00 $85.00 $59,075.00 $72.00 $50,040.00 $90.00 $62,550.00 $72.03 $50,060.85 $65.00 $45,175.00 $88.00 $61,160.00 $90.00 $62,550.00 $86.66 $60,228.70 84 CONNECT TO EXISTING STORM SEWER EACH 3 1,600.00$ 4,800.00$ 1,115.00$ 3,345.00$ $925.00 $2,775.00 $500.00 $1,500.00 $2,000.00 $6,000.00 $950.00 $2,850.00 $993.26 $2,979.78 $1,405.18 $4,215.54 $1,125.00 $3,375.00 $1,500.00 $4,500.00 $1,500.00 $4,500.00 $2,250.00 $6,750.00 85 CASTING ASSEMBLY EACH 12 1,300.00$ 15,600.00$ 985.00$ 11,820.00$ $1,100.00 $13,200.00 $996.00 $11,952.00 $1,000.00 $12,000.00 $1,100.00 $13,200.00 $1,000.00 $12,000.00 $1,332.01 $15,984.12 $1,400.00 $16,800.00 $1,200.00 $14,400.00 $1,500.00 $18,000.00 $1,588.58 $19,062.96 86 CONST DRAINAGE STRUCTURE DESIGN SPECIAL LIN FT 21 550.00$ 11,550.00$ 512.00$ 10,752.00$ $440.00 $9,240.00 $455.00 $9,555.00 $300.00 $6,300.00 $650.00 $13,650.00 $431.70 $9,065.70 $406.13 $8,528.73 $520.00 $10,920.00 $450.00 $9,450.00 $375.00 $7,875.00 $469.89 $9,867.69 87 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 28.6 680.00$ 19,448.00$ 597.00$ 17,074.20$ $540.00 $15,444.00 $644.00 $18,418.40 $380.00 $10,868.00 $650.00 $18,590.00 $480.04 $13,729.14 $477.48 $13,655.93 $555.00 $15,873.00 $530.00 $15,158.00 $425.00 $12,155.00 $531.32 $15,195.75 88 CONST DRAINAGE STRUCTURE DES 60-4020 LIN FT 13.8 900.00$ 12,420.00$ 783.00$ 10,805.40$ $800.00 $11,040.00 $904.00 $12,475.20 $600.00 $8,280.00 $950.00 $13,110.00 $805.00 $11,109.00 $749.52 $10,343.38 $780.00 $10,764.00 $910.00 $12,558.00 $675.00 $9,315.00 $852.33 $11,762.15 89 STORM DRAIN INLET PROTECTION EACH 24 260.00$ 6,240.00$ 125.00$ 3,000.00$ $150.00 $3,600.00 $150.00 $3,600.00 $125.00 $3,000.00 $100.00 $2,400.00 $149.91 $3,597.84 $300.00 $7,200.00 $265.00 $6,360.00 $200.00 $4,800.00 $150.00 $3,600.00 $150.00 $3,600.00 184,931.00$ 140,621.05$ 140,051.00$ 137,421.51$ 146,250.00$ 148,963.00$ 152,925.40$ 150,515.25$ 146,597.25$ 167,724.00$ 161,720.00$ 172,636.77$ 1,364,553.00$ 883,868.03$ 897,312.00$ 897,889.69$ 919,448.75$ 939,503.95$ 966,000.00$ 968,161.80$ 974,432.50$ 1,032,197.10$ 1,035,346.18$ 1,172,463.76$ SUBTOTAL FOR SCHEDULE C SCHEDULE D SUBTOTAL FOR SCHEDULE D TOTAL BASE BID SCHEDULE C Pa g e 1 3 0 o f 1 5 8 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Vermillion Commons 5th Addition Final Plat Meeting: Regular Council - Mar 17 2025 INTRODUCTION: U.S. Home, LLC (Lennar) has submitted an application for final plat for Vermillion Commons 5th Addition. The 5th Addition is located to the southeast of the Vermillion Commons 4th Addition and is just to the west of the intersection of Denmark Avenue and 220th Street W (see attached general location map). The final plat consists of 66 townhome lots on 7.25 acres (see attached final plat). DISCUSSION: The 66 townhome lots are part of the 134 overall unit count that were proposed with the preliminary plat for this project. The approved preliminary plat also contains 67 single-family lots that were final platted as Vermillion Commons 4th Addition. The Vermillion Commons 5th Addition final plat corresponds with the preliminary plat that was approved by the Planning Commission on June 11, 2024 and the City Council on June 17, 2024. The minimum setback from the private roadways will be 25 feet. The final plat contains 12 outlots (labeled A-L). Outlot A consists of the private roadway system servicing the development. The remaining outlots consists of common area around the townhome units and will be controlled by a Homeowners Association. Transportation and Parking Access for the 5th Addition will come from two access points along 218th Street W, one on the north side and the second near the southwest corner of the development. All streets within the 5th Addition will be private streets and will have a width of 24 feet. As shown on sheet C1.1 of the attached construction plans, a temporary access is shown extending from the main north/south private road (Rose Drive) out to 220th Street W. This provides a secondary emergency access for this site as the portion of 218th Street from the townhome development directly to the east will not be constructed yet due to on-going negotiations with Northern Natural Gas Company and the crossing of their pipelines with the roadway. Townhome dwellings require two (2) off-street parking stalls per unit. Each townhome unit will provide a double car garage. Additionally, the townhome driveways will be a minimum of 25 feet in length allowing for additional parking on the driveway. The Developer is also proposing an additional 26 off-street "visitor" parking spaces throughout the 5th Addition. Page 131 of 158 Parks, Trails and Sidewalks A 1.5 acre park was deeded to the City with the platting of Vermillion Commons 4th Addition (Outlot A Vermillion Commons 4th Addition). No additional park dedication or cash-in-lieu will be required with this final plat. Five-foot-wide sidewalks will be provided in the 4th Addition, specifically on the south and east side of 218th Street W, to service these townhome units. Planned Unit Development The 5th Addition is part of the final Planned Unit Development (PUD) that was approved in 2024. The PUD allows for, among other things, private streets in the R-3 zoning district and the reduced width of private streets to 24 feet. Engineering Review The Engineering Department has reviewed the Vermillion Commons 5th Addition final plat and recommends approval upon satisfaction of all engineering comments related to the construction plans for grading and utilities, as well as the Developer entering into a Development Contract with the City and security fees and costs paid. Planning Commission Review The Planning Commission reviewed the final plat at its regular meeting on March 11, 2025 and recommended approval with a vote of 5-0. ACTION REQUESTED: Adopt Resolution 2025-021 Approving Final Plat for Vermillion Commons 5th Addition, contingent upon the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the Developer and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. ATTACHMENTS: VC 5th Addition Location Map VERMILLION COMMONS 5TH ADDITION 2025-02-21 VC 5th - U&S Rev 1 2025-021 Final Plat Vermillion Commons 5th Addn Page 132 of 158 r 1 r 1 m m Page 133 of 158 KNOW ALL PERSONS BY THESE PRESENTS: That DRP Bookbinder Multistate, LLC, a Delaware limited liability company, owner of the following described property: Outlot C, VERMILLION COMMONS 4TH ADDITION, according to the plat thereof, Dakota County, Minnesota Has caused the same to be surveyed and platted as VERMILLION COMMONS 5TH ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as created on this plat. In witness whereof said DRP Bookbinder Multistate, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . DRP Bookbinder Multistate, LLC By: , its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20 , by , the of DRP Bookbinder Multistate, LLC, a Delaware limited liability company, on behalf of the company. County, Printed Name My commission expires COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, Dakota County Surveyor COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the 25th day of June, 2024, the Board of Commissioners of Dakota County, Minnesota, approved this plat of VERMILLION COMMONS 5TH ADDITION and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the Dakota County Contiguous Plat Ordinance. By: Attest: Chair, Dakota County Board Dakota County Treasurer - Auditor DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: Amy A. Koethe, Director, Department Of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of VERMILLION COMMONS 5TH ADDITION was filed in the office of the County Recorder for public record on this day of , 20 , at o'clock . M. and was duly filed in Book of Plats, Page , as Document Number . By: Amy A. Koethe, County Recorder I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 ______________________________________________________________ Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. County, Minnesota Printed Name My commission expires January 31, CITY PLANNING COMMISSION, CITY OF FARMINGTON, MINNESOTA Approved by the Planning Commission of the City of Farmington, Minnesota at a regular meeting thereof on the day of , 20 . By: Chairperson CITY COUNCIL, CITY OF FARMINGTON, MINNESOTA This plat of VERMILLION COMMONS 5TH ADDITION was approved and accepted by the City Council of the City of Farmington, Minnesota at a regular meeting thereof held his day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By: Mayor Pa g e 1 3 4 o f 1 5 8 BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT C, VERMILLION COMMONS 4TH ADDITION WHICH IS ASSUMED TO HAVE A BEARING OF S 00°48'47" W VICINITY MAP NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY L.S. NO. 47481. DENOTES FOUND 1/2 INCH BY 14 INCH IRON MONUMENT WITH CAP MARKED L.S. NO. 47481 DENOTES FOUND DAKOTA COUNTY MONUMENT DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE Pa g e 1 3 5 o f 1 5 8 Pa g e 1 3 6 o f 1 5 8 Pa g e 1 3 7 o f 1 5 8 G Pa g e 1 3 8 o f 1 5 8 G Pa g e 1 3 9 o f 1 5 8 G Pa g e 1 4 0 o f 1 5 8 G Pa g e 1 4 1 o f 1 5 8 G Pa g e 1 4 2 o f 1 5 8 Pa g e 1 4 3 o f 1 5 8 Pa g e 1 4 4 o f 1 5 8 Pa g e 1 4 5 o f 1 5 8 Pa g e 1 4 6 o f 1 5 8 Pa g e 1 4 7 o f 1 5 8 Pa g e 1 4 8 o f 1 5 8 Pa g e 1 4 9 o f 1 5 8 Pa g e 1 5 0 o f 1 5 8 Pa g e 1 5 1 o f 1 5 8 Pa g e 1 5 2 o f 1 5 8 Pa g e 1 5 3 o f 1 5 8 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-021 A RESOLUTION APPROVING FINAL PLAT FOR VERMILLION COMMONS 5TH ADDITION WHEREAS, the final plat for Vermillion Commons 5th Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat and Planned Unit Development (PUD) on June 11, 2024, after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission reviewed the final plat on March 11, 2025 and recommended approval of the final plat; and WHEREAS, the City Council reviewed the final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council hereby approve the final plat for Vermillion Commons 5th Addition, contingent upon the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the Developer and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of March 2025. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 154 of 158 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Authorizing to Request Funding from the Environmental and Natural Resources Trust Fund Meeting: Regular Council - Mar 17 2025 INTRODUCTION: funding announced Resources Minnesota (LCCMR) Commission Legislative-Citizen The on opportunities for projects of all sizes that address several priorities including Education and Outdoor Recreation and that aim to protect, conserve, preserve, and enhance Minnesota’s air, water, land, fish, wildlife and other natural resources. The LCCMR reviews applications and makes funding recommendations to the Minnesota Legislature from the Environment and Natural Resources Trust Fund (ENRTF). Approximately $103 million is available from the Trust Fund for projects beginning July 1, 2026. Staff regularly looks for and is notified of funding options and sources to complete projects in the approved Rambling River Park master plan. The LCCMR is made up of 17 members including five (5) Senators, five (5) Representatives, five (5) citizens appointed by the Governor, one (1) citizen appointed by the Senate, and one (1) citizen appointed by the House. DISCUSSION: One of LCCMR’s 2026 funding priorities is Education and Outdoor Recreation which includes, but is not accessible, outdoor resilient and relevant, to, develop and/or “Design limited culturally recreation facilities and infrastructure – including recreation areas, parks, trails, fishing piers, or shelters – that create new natural resources-based experiences;” and “Expand networks of trails, parks, or natural areas to protect and connect green spaces seamlessly, improve accessibility and safety, and/or encourage all Minnesotans to recreate and engage with nature.” Proposals want have who and apply to who by submitted be can funding ENRTF for all demonstrated financial capacity. There is no minimum or maximum request amount. All applicants requesting building, or trail, a of renovation or construction, design, pre-design, for funds campground are required to provide a non-ENRTF match (cash or in-kind) of at least 25% of the total costs to complete the project. During the Rambling River Park master planning process, public and stakeholder engagement showed a strong desire for trails and more facilities to support popular events. Trail improvements were loops, trail included responses addition, better priority. highest the as ranked In trail conditions, wayfinding, care for trails, landscaping and seating adjacent to trails. Improved restrooms were ranked as the second highest priority and new restrooms were ranked as the fourth Page 155 of 158 highest priority. Additional restrooms were identified as a specific need to support popular events at the park. Stakeholder engagement for the Rambling River Park master plan included meeting with staff from Dakota County Office of Planning. Dakota County was and is still interested in Rambling River Park becoming a trailhead for the North Creek Greenway. If Rambling River Park becomes a trailhead, Dakota County would provide the following:  Up to $400,000 towards a new restroom building that also serves as a trailhead.  100% of trail costs related to the regional greenway alignments if city leads/covers design and project delivery costs (essentially an 85/15 percent cost share).  Collaborating on securing funding for natural resource/water quality improvements along and beyond the greenway corridor. Dakota County retained the services of Hoisington Koegler Group, Inc. (HKGi) to write the funding proposal for the City, so there is no cost to the city for this service. Kari Kubicek, Regional Funding Manager, has been collaborating with HKGi on the proposal. The proposal deadline is March 19, 2025. Selected proposals will be presented before the LCCMR in June 2025 with funding recommendations adopted by the LCCMR in legislative bill format, as they will be presented to the Legislature. By May 2026, LCCMR recommendations will be presented to the Legislature for consideration via introduction as an appropriations bill and to be considered and acted upon by the Minnesota House and Senate. Upon passage, the bill will go before the Governor to be signed into law. Most projects are two to three years long; however, more or less time can be requested. The City’s funding proposal includes Rambling River Park trail replacement with 10-feet wide greenway trails, construction of a new restroom building, addition of trailhead amenities, (e.g., kiosk, bike fix-it station, garbage / recycling containers), shoreline restoration, fishing access improvements, and design. HKGi is estimating the total cost of the project with contingency will be $3,177,800. There is a 25% non-ENRTF match required. The match required for the project proposal is $794,450. Dakota County and the City of Farmington would pay for the match if the project were funded. One of the requirements for a proposal to be considered is the submission of an adopted resolution demonstrating the local government’s authorization of submission of the proposal. Included in the packet is a resolution authorizing the City of Farmington to request funding from the ENRTF for the North Creek Greenway Trails and Trailhead Construction Project. BUDGET IMPACT: The required 25% match will be paid for by Dakota County and the City of Farmington. Dakota County anticipates most of the match to come from them. If the proposal is funded, a determination will need to be made on the allocation of City resources for the project. The plan is to use monies from the parks and trails funds. ACTION REQUESTED: Adopt Resolution 2025-18 Authorizing Approval for the City of Farmington to Request Funding from the Environmental and Natural Resources Trust Fund, for the North Creek Greenway Trails and Trailhead Construction Project. ATTACHMENTS: Page 156 of 158 2025-17 Requesting ENRTF Funding Page 157 of 158 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-18 A RESOLUTION AUTHORIZING APPROVAL FOR THE CITY OF FARMINGTON TO REQUEST FUNDING FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND WHEREAS, the City of Farmington (“City”) seeks $2,383,349 to complete the North Creek Greenway Trails and Trailhead Construction project which includes trail replacement with 10-feet wide greenway trails, construction of a restroom building, addition of trailhead facilities (e.g., kiosk, bike fix-it station, garbage / recycling containers), shoreline restoration, fishing access improvements, and design; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Farmington supports the above-referenced project and authorizes the submittal of a proposal for funding of this project on behalf of the City to the Legislative-Citizen Commission on Minnesota Resources (LCCMR) in response to the 2026 Environmental and Natural Resources Trust Fund (ENRTF) Request for Proposal; and BE IT FURTHER RESOLVED, that, if funding is awarded, the City agrees to accept the award and may enter into an agreement with the State of Minnesota for the above-referenced project. The City will comply with all applicable laws, environmental requirements, and regulations and any additional conditions stated in the grant agreement and the approved LCCMR work plan; and BE IT FURTHER RESOLVED, that the City understands that grants from the ENRTF are generally paid out on a reimbursement basis. The City has the financial capability to pay for project expenses prior to seeking reimbursement; and BE IT FURTHER RESOLVED, that the City certifies none of the current principals of the City have been convicted of a felony financial crime in the last ten (10) years. For this purpose, a principal is defined as a public official, a board member, or Staff that would have the authority to access or determine the use of ENRTF funds, if awarded; and BE IT FURTHER RESOLVED, that the City is hereby authorized to execute such agreements and work plans as necessary and Kellee Omlid, Parks and Recreation Director, is authorized to implement the project on behalf of the City; and BE IT FURTHER RESOLVED, that the City has the financial capability to meet the match requirements and ensure adequate construction, operation, and maintenance of the project once completed. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of March 2025. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 158 of 158