10/04/2016 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
OCTOBER 4, 2016
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for
an item to be pulled for discussion)
A. APPROVE MINUTES
B. PERSONNEL ITEMS
C. APPROVE Check Registers
D. APPROVE Contracts
E. APPROVE change order #2 for project 16-05 Fire Station One
F. APPROVE Exempt Permit for Moms & Neighbors, Inc. to hold a raffle on November 11, 2016 at
4185 S Robert Trial
- - - - G. RECEIVE Final -Assessment Report for Project -1191; Eagandale Corporate Center Street
Improvements and Schedule Public Hearing for November 1, 2016
H. RECEIVE Final Assessment Report for Project 1198, Blackhawk Forest / Centex Vermilion
Additions — Street Improvements and Schedule Public Hearing for November 1, 2016
I. RECEIVE Final Assessment Report for Project 1199, Red Oaks, Woodlands 4th, Verdant Hills,
Verdant Acres Additions — Street Improvements and Schedule Public Hearing for November 1,
2016
J. RECEIVE Final Assessment Report for Project 1200, Diffley Commons — Street Improvements
and Schedule Public Hearing for November 1, 2016
K. RECEIVE Final Assessment Report for Project 1201, Kingswood Ponds — Street Improvements
and Schedule Public Hearing for November 1, 2016
L. APPROVE Final Payment, Contract 16-012016 Citywide Street Improvements
M. APPROVE Service Installation Contract with Minnesota Energy Resource Corporation for Central
Maintenance Facility (3501 Coachman Point)
N. APPROVE Change Order No. 1 for Contract 16-19, Central Maintenance Facility Improvements -
Brine Production System
0. APPROVE Revisions to the Winter Trail Maintenance Program for 2016-2017
P. APPROVE Amendment to Technical Services Agreement — Houston Engineering
Q. APPROVE Resolution In Support of Dakota County's 5 -Year Transportation Capital Improvement
Program (2017-2021)
R. APPROVE Cost Share, Operations and Maintenance Agreement for Water Quality Cost -Share
Partnership Program (1268 East Balsam Trail)
S. AUTHORIZE funding and approve a Joint Powers Agreement with Dakota County for Station
Area Planning along the METRO Red Line
T. APPROVE Fiber Lease Agreement with MVTA for Blackhawk Park & Ride
V. PUBLIC HEARINGS
A. VACATE Easements/ Northwest Parkway Right -of -Way MV Eagan Properties
B. APPROVE Final Assessments for Project 1203, Mallard Park 2nd Addition— Street Improvements
C. APPROVE Final Assessments for Project 1196, Cedar Grove 3rd Addition —Street Improvements
D. APPROVE Final Assessments for Project 1193, Denmark Avenue, Timbershore Additions & Pilot
Knob Heights Additions —Street Improvements
E. APPROVE Final Assessments for Project 1192, Johnny Cake Ridge Road — Street Improvements
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
X. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
X111. ADJOURNMENT
CRY of I I
Eap
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: SEPTEMBER 30, 2016
SUBJECT: AGENDA INFORMATION FOR OCTOBER 4, 2016 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the October 4, 2016 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If
the City Council wishes to discuss any of the items in further detail, those items should be
removed from the Consent Agenda and placed under Old or New Business unless the discussion
required is brief.
A. Approve Minutes
Action To Be Considered:
To approve the minutes of the September 13, 2016 Special City Council meeting, and
September 20, 2016 regular City Council meeting as presented or modified.
Attachments: (2)
CA -1 September 13, 2016 Minutes
CA -2 September 20, 2016 Minutes
MINUTES
SPECIAL CITY COUNCIL MEETING
SEPTEMBER 13, 2016
5:30 P.M.
EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Maguire, Bakken, Fields, Hansen and Tilley.
City staff present: City Administrator Osberg, Assistant City Administrator Miller, Director of Parks and
Recreation Pimental, Public Works Director Matthys, Finance Director Pepper, Director of
Communications Garrison, and Fire Chief Scott.
ROLL CALL AND ADOPTION OF THE AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as
presented. Aye:5 Nay:0
VISITORS TO BE HEARD
There were no visitors to be heard.
ARTWORKS EAGAN PRESENTATION
City Administrator Osberg introduced the item noting the Council agreed at its meeting on August 8,
2016 to place on the September 13 City Council workshop agenda a presentation by Art Works Eagan
regarding their updated proposal for the Fire Administration Building. Mr. Osberg summarized the
recommendations of the Finance Committee from their meeting on September 7, 2016
Caitlin Dowling, Art Works Eagan, along with other Board Members gave a presentation on their
proposal for the Fire Administration Building.
The Council discussed with Art Works Eagan members, the proposal for the Fire Administration
Building. Potential concerns were raised with the City entering into a tenant relationship. The
Council agreed there is some interest in a partnership with the City for the use of the building
(scenario 4), and also suggested Art Works of Eagan explore purchasing the Fire Administration
Building.
The Council directed staff to schedule a Finance Committee meeting to determine the market value
price for the Fire Administration Building, and to meet with Eagan Art Works representatives to
further discuss partnership opportunities and report back to the City Council at a future workshop.
The Council took a 5 minute recess.
WINTER PARK TRAIL MAINTENANCE
City Administrator Osberg introduced the item noting at the May 10 Special City Council Workshop, the
Council received a petition requesting that a portion of the Highline Trail, as well as a trail loop in
Thomas Lake Park, be plowed. While the Council denied the request, all agreed more information was
needed regarding possible winter maintenance of park trails. Council directed Parks and Recreation and
Public Works staff to look at all City parks to consider winter maintenance of trails, as well as consider
Special City Council Minutes
September 13, 2016
Page 2
other winter activity options. Osberg noted staff has completed a comprehensive analysis of all current
parks and associated trials in response to the Council's direction.
Director of Public Works Matthys and Parks and Recreation Director Pimental gave a presentation on
winter park trail maintenance.
The City Council discussed the three proposed trail segments at Central Park, Thomas Lake Park and the
Highline Trail. It was the consensus of the City Council to modify the Winter Trail Maintenance program
to include the three trail segments, and bring back to the October 4, 2016 City Council meeting for
formal action.
The Council suggested providing information to residents of other winter recreation opportunities
available in Eagan.
There was no other business to be heard.
OTHER BUSINESS
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:54 p.m.
Aye:S Nay:O
Date
Mayor
City Clerk
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
SEPTEMBER 20, 2016
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
A closed session was called at 6:15 p.m. to discuss labor negotiations. Present were Mayor Maguire,
Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg,
Assistant City Administrator Miller, Human Resource Manager Peterson, and Finance Director Pepper.
The closed session adjourned at 6:22 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, September 20, 2016 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and
Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller,
Communications Director Garrison, Finance Director Pepper, Director of Community Development
Hutmacher, City Planner Ridley, Public Works Director Matthys, Director of Parks and Recreation
Pimental, Deputy Chief of Police Johnson, City Attorney Dougherty, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of September 6, 2016 regular City Council meeting
as presented.
B. Personnel Items:
1. It was recommended to accept the resignation of Kerry Phillips, Recreation Program
Supervisor and authorize the recruitment and replacement of this position.
2. It was recommended to accept the resignation of listed seasonal employees.
3. It was recommended to approve the contract for a Classification and Compensation Study
with Springsted Incorporated.
C. It was recommended to ratify the check register dated September 2, and 9, 2016 as presented.
D. It was recommended to approve the ordinary and customary contract with Minnesota Vikings
Football and U.S. Bank National Association, Royal Vending, Inc.
E. It was recommended to authorize the submission of a grant from the Metropolitan Regional
Arts Council in the amount of $5,000 for a Community Arts Grant.
F. It was recommended to approve a resolution authorizing the Mayor and Clerk to execute a deed
conveying Outlot I, Gopher Eagan Industrial Park 2nd Addition to the State of Minnesota, thereby
City Council Meeting Minutes
September 20, 2016
2 page
allowing the City to acquire the property for a subsequent sale to Gertens for use as an eco -site,
yard waste facility.
G. It was recommended to approve a resolution appointing absentee ballot board judges and
designating them as deputy city clerks for the purpose of administering the November 8, 2016
General Election.
H. It was recommended to approve a resolution appoint election judges for the November 8, 2016
General Election.
I. It was recommended to approve the general insurance renewal for the period of July 1, 2016 to
July 1, 2017.
J. It was recommended to receive the Final Assessment Roll for Project 1142 (Nicols Road (Silver
Bell Road to 1,235' North) - Street Improvements) and schedule a public hearing to be held on
October 18, 2016.
K. It was recommended to receive the Final Assessment Roll for Project 1194 (Whispering Woods
9t111th -13th Additions -Street Improvements) and schedule a public hearing to be held on
October 18, 2016.
L. It was recommended to receive the Final Assessment Roll for Project 1195 (Oslund Timberline /
McCarthy Ridge - Street Improvements) and schedule a public hearing to be held on October
18, 2016. .
M. It was recommended to receive the Final Assessment Roll for Project 1197 (Cedar 4th Addition -
Street Improvements) and schedule a_public hearing to_be_held_on October 18, 2016. - -
N. It was recommended to receive the Final Assessment Roll for Project 1202 (Eagan Business
Commons (Commers Drive) - Street Improvements) and schedule a public hearing to be held on
October 18, 2016.
0. It was recommended to approve the final payment for Contract 16-20 (Citywide Traffic Signal
Painting) in the amount of $11,315.00 to OLS Restoration, Inc., and accept the improvements for
perpetual City maintenance subject to warranty provisions.
P. It was recommended to approve a resolution to temporarily extend the licensed premises of
Bald Man Brewing, Inc. doing business as Bald Man Brewing, located at 2020 Silver Bell Road
#25 on October 1, 2016.
Q. It was recommended to approve the final payment for Contract 16-02 (Citywide Street
Improvements) in the amount of $7,680.98 to McNamara Contracting, Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
R. It was recommended to approve the plans and specifications for Contract 16-10 (Well No. 22
Building and Equipment -Water Improvements) and authorize the advertisement for a bid
opening to be held on October 13, 2016.
S. It was recommended to receive the petition to vacate excess public right-of-way at 3800 Dodd
Road (near Wescott Road) and schedule a public hearing to be held on October 18, 2016.
T. It was recommended to approve a Stormwater Management System Maintenance Agreement
with JJMM Investments, L.L.C., for property located at 3500 Dodd Road, and authorize the
Mayor and City Clerk to execute all related documents.
U. It was recommended to approve an extension of time to December 3, 2016 to record a
Conditional Use Permit and Planned Development Amendment for Crossroads Church and FFC
Properties.
V. It was recommended to approve a Professional Service Agreement with Peters Design Company
to provide communications consulting services related to Website redesign and reviewing brand
strategy research.
W. It was recommended to approve Final Planned Development for Lot 1, Block 1, CityVue
Commons 2nd Addition - EaganVue Apartments, LLC
City Council Meeting Minutes
September 20, 2016
3 page
X. It was recommended to approve a resolution accepting $105 donation from Keith Maiz and an
anonymous donor.
Y. It was recommended to approve an agreement between the City and Outfront Media, LLC to
provide the City five hours/month (2250 eight -second spots) for public service announcements
on the billboard located on Canadian Pacific Railway System right-of-way on the south side of 1-
494 and west of Hwy 55, beyond the NE corner of 1181 Trapp Road, in the NE % of Section 3.
Z. It was recommended to approve the Second Amendment to the purchase agreement with GLG
Properties ("Gertens") for the sale of Outlot I, Gopher Eagan Industrial Park 2nd Addition,
extending the closing date to on or before November 15, 2016.
AA. It was recommended to approve a Subscription Agreement with MediaValet for a digital photo
asset management system for the organization and authorize the Mayor and City Clerk to
execute all related documents.
PUBLIC HEARINGS
Variance — Oak Ridge Elementary School
City Administrator Osberg introduced the item noting ISD #196 is proposing to add a 6,900 square foot
two-story addition to the existing_ 51,000 square foot Oak Ridge Elementary School located_atJohnny
Cake Ridge Road and Clemson Drive. A portion of the new addition would encroach 9' into the minimum
50' structure setback from the common lot line with Downing Park.
City Planner Ridley gave a staff report.
The applicant was present and available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing
and approve a 9 foot Variance to the minimum 50 foot structure setback in a Public Facilities Zoning
District for Oak Ridge Elementary School located at 4350 Johnny Cake Ridge Road, subject to the
following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The Applicant shall relocate the existing water main, vacate a portion of the existing drainage
and utility easement, and dedicate a new 20 foot wide easement over the new water main.
3. The Applicant shall obtain an approved Building Permit.
4. The exterior building materials shall complement the existing structure in type and color.
Lot 1, Block 1, Wilmus Addition Easement Vacation
City Administrator Osberg introduced the item noting the Council is being asked to accept the
dedication of a public drainage and utility easement in association with the vacation of a portion of a
City Council Meeting Minutes
September 20, 2016
4 page
public drainage and utility easement on Lot 1, Block 1, Wilmus Addition (Oak Ridge Elementary School).
The purpose of this request is to relocate existing public water main away from a proposed new building
addition to Oak Ridge Elementary School.
Public Works Directory Matthys gave a staff report.
The applicant was present and available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
and accept the dedication of a public drainage and utility easement in association with the vacation of a
portion of a public drainage and utility easement on Lot 1, Block 1, Wilmus Addition (Oak Ridge
Elementary School) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5
Nay: 0
Lot 1, Block 2, Weston Hills 2nd Addition Easement Vacation
City Administrator Osberg introduced the item noting the purpose of this request is to allow the
homeowners to install -an in -ground pool in the -backyard. On August 3,2016,_City_staff_received a
petition from property owners of Lot 1, Block 2, Weston Hills 2nd Addition, requesting the vacation of a
portion of existing drainage and utility easement on their property at 4668 Weston Hills Drive.
Public Works Directory Matthys gave a staff report.
Applicants, Eric and Stephanie Stahl, were present and available for questions.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing
and approve the vacation of a portion of a public drainage and utility easement on Lot 1, Block 2,
Weston Hills 2nd Addition (4668 Weston Hills Drive), and authorize the Mayor and City Clerk to execute
all related documents. Aye: 5 Nay: 0
OLD BUSINESS
Amended Preliminary Planned Development and Preliminary Subdivison — MV Eagan, LLC
City Administrator Osberg introduced the item noting the Council is being asked to approve an amended
Preliminary Planned Development and Preliminary Subdivision with modified conditions for the Vikings
Lakes Development.
City Planner Ridley gave a staff report and provided a site map.
Representatives from the Minnesota Vikings made a brief presentation and were available for questions.
City Council Meeting Minutes
September 20, 2016
5 page
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an amended
Preliminary Planned Development and Preliminary Subdivision with modified conditions. Aye: 5 Nay: 0
NEW BUSINESS
There was no new business to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
PUBLIC WORKS DIRECTOR
Public Works Director Matthys gave an update on the road improvements on Pilot Knob and Central
Parkway and _noted _weekly updates are posted on the -City's and County's_ websites. A press -release will
be issued providing details on the remaining schedule of the improvements.
VISITORS TO BE HEARD
Past practice and policy during election years, from the opening of the Council candidate filing period
through the November election, the Visitors to be Heard segment of the meeting shall occur for a period
of time not to exceed ten minutes and will not be televised.
There were no visitors to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:01 p.m. Aye: 5 Nay: 0
Date
Mayor
City Clerk
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
B. Personnel Items
ITEM 1.
Action To Be Considered:
Authorize the hiring of a Police Clerical Tech 4, to be named.
Facts:
This position was approved for replacement on April 19, 2016.
ITEM 2.
Action To Be Considered:
Authorize the hiring of Michelle Sell, Police Clerical Tech 4.
Facts:
This position was approved for replacement on September 6, 2016.
ITEM 3.
Action To Be Considered:
Authorize the hiring of Ricky Regenold, PT Custodian – ECC.
Facts:
This position was approved for replacement on September 6, 2016.
ITEM 4.
Action To Be Considered:
Authorize hiring of the following seasonal and temporary employees:
Barry, Bruce A Basketball Scorekeeper
Kunik, Neal R Winter Rec Leader
Brown, Collin CA Building Attendant I
Gauthier, Danielle N CA Building Attendant I
ITEM 5.
Action To Be Considered:
Approve the contract between the City of Eagan and Walgreens, Inc. for employee flu shots.
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
C. Ratify Check Registers
Action To Be Considered:
To ratify the check register dated September 16, and September 23, 2016 as presented.
Attachments: (2)
CC -1 Check register dated September 16, 2016
CC -2 Check register dated September 23, 2016
Agenda Information Memo
October 4, 2016, Eagan City Council Meeting
CONSENT AGENDA
D. Approve Contracts
Action To Be Considered:
To approve the ordinary and customary contract listed below.
Facts:
➢ The contract listed below is in order for Council approval. Following approval,
the contract will be electronically executed by the Mayor and Deputy City Clerk.
Contract to be approved:
➢ Community Off -Site Clinic Agreement with Walgreen Co. for employee flu shot
clinic
Attachments: (0)
The contract is available from the City Clerk's Office.
Agenda Information Memo
October 4, 2016, Eagan City Council Meeting
CONSENT AGENDA
E. Approve Change Order #2 for project 16-05 Fire Station One
Action To Be Considered:
Approve change order 2 for project 16-05 Fire Station One.
Facts:
➢ At the March 15, 2016 City Council Meeting a contract was awarded to Terra
General Contractors for project 16-05 for of Fire Station One at 4200 Blackhawk
Road.
➢ Since the construction started there have been several changes to the contract
needed to continue to the project and meet the February 2017 deadline.
➢ Attached is Change Order 2 and descriptions from CNH Architects.
➢ The cost of these changes will be taken out of the project contingency fund.
Attachments:
CE -1 Cover Letter from CNH Architects Change Order 2
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433
MEMORANDUM:
PROJECT: Eagan Fire Station #1
CNH NO: 15046
DATE: September 27, 2016
TO: City of Eagan — Mayor and City Council
SUBJECT: Change Order #02 Review
The following is a summary of the items being submitted as Change Order 402 for the Eagan Fire
Station #1 project.
Background:
The construction on Fire Station #1 is progressing well and on schedule with the exterior masonry
walls completed and roofing mostly installed. Exterior site grading is completed, utilities installed
and retaining walls in place. On the interior, underground plumbing, electrical service and all
interior concrete block walls have been installed.
During the past few months several items have come up to improve the facility or provide cost
savings while maintaining value. These items are summarized below.
Description of Changes:
The changes that are incorporated in the attached Change Order #02 are the following:
A. Trench Drain Deduct: This item is a deduct to revise the piping to the trench drains to reduce
construction cost with only minor trade-off in water flow approach at the drains. This
provides similar function at a cost savings.
B. Wellness Room modifications: To address the donated wellness equipment donated to the
Fire Department for this station, the former storage room is being upgraded to a Wellness
Room including revised HVAC to meet code for this new use and electrical outlets for the
donated equipment.
C. Landscape Design Changes per City Staff: This change represents improvements to the
landscaping recommended by stormwater and maintenance staff to increase the infiltration
capacity of the pervious surfaces by loosening soils and adding organic materials. Other
landscape changes in this item involved lowering maintenance costs and improved pond
plantings by switching from seeding to plugs. These recommendations came after the project
was bid so weren't included in the original landscape design.
D. Minor Miscellaneous adds and deducts: As is typical during the construction process there
are a handful of minor adds and deducts to address items that were determined to best fit the
needs of the fire department operations within the building.
P:\PROJECTS\2015\15046\5 -CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER 1102 RECOMMENDATION TO COUNCIL.DOCX
Pricing:
The following are the pricing for each group of Proposal Request items listed above and included in
this Change Order. All prices have been reviewed by CNH Architects and our consultant team and
have been determined to be within appropriate unit costs for the work proposed.
A. Trench Drain change
Deduct
($7,106.00)
B. Wellness Room modifications
Add
$9,142.62
C. Landscape Design Changes per City Staff
Add
$19,708.00
D. Minor Miscellaneous Adds and Deducts
Add
$7,027.00
Total Add
$28,771.62
New Contract Total $4,714,325.02
Project Hard Cost Including Contingency $4,835,660.00
Contingency Balance $121,334.98
Conclusion:
The items in the Change Order represent recommended savings and to best serve the city and
firefighters using this facility. As noted above CNH Architects, our team, and staff have reviewed the
pricing shown above and are comfortable as being appropriate for the work involved. CNH
Architects recommends approval of this Change Order as in the best interest of staff operations and
environmental stewardship.
Respectfully Submitted,
Quinn S. Hutson, AIA, LEED AP
Principal
CNH Architects, Inc.
P:\PROJECTS\2015\15046\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER H02 RECOMMENDATION TO COUNCIL.DOCX
Agenda Information Memo
October 4, 2016, Eagan City Council Meeting
CONSENT AGENDA
F. Approve Exempt Permit for Moms & Neighbors, Inc. to hold a raffle on
November 11, 2016 at 4185 South Robert Trial
Action To Be Considered:
To adopt a resolution approving an Exempt Permit for Moms & Neighbors, Inc. to
conduct a raffle on November 11, 2016 at 4185 South Robert Trail.
Facts:
➢ Moms & Neighbors, Inc. has applied for an Exempt Permit with the Gambling
Control Board to hold a raffle as listed above.
➢ All requirements for the application have been met and staff deems it -in order
for approval.
Attachments: (1)
CF -1 Resolution
RESOLUTION NO. _
CITY OF EAGAN
APPLICATION FOR EXEMPT PERMIT
MOMS & NEIGHBORS, INC.
WHERAS, Moms & Neighbors, Inc. has applied for an Exempt Permit to conduct a
raffle on November 11, 2016; and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approved the Exempt Permit for Moms & Neighbors, Inc. to conduct
a raffle on November 11, 2016 at 4185 South Robert Trail.
Motion by:
Seconded by:
Those in favor:
Those against:
Date: October 4, 2016
CERTIFICATION
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Deputy Cleric
I, Cheryl Stevenson, Deputy Cleric of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th
day of October, 2016.
Deputy City Cleric
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
G. Project 1191, Eagandale Corporate Center
Final Assessment Roll
Action To Be Considered:
Receive the Final Assessment Roll for Project 1191 (Eagandale Corporate Center - Street
Improvements) and schedule a public hearing to be held on November 1, 2016.
Facts:
➢ Project 1191 provided for approximately 4,950 feet of street improvements on
commercial/industrial streets in northeast Eagan, as outlined and discussed in
the feasibility report and approved by the City Council at the public hearing held
on January 5, 2016.
➢ The project, constructed under Contract 16-01, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based
upon the City of Eagan's current Special Assessment Policy for all such
assessable properties.
➢ The roll is now being presented to the Council for their consideration of
scheduling a public hearing to formally present the final costs to be levied
against the benefited properties.
➢ An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns
or questions.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
19191010114alr_T0 401 -OD -1
H. Project 1198, Blackhawk Forest / Centex Vermilion Additions
Final Assessment Roll
Action To Be Considered:
Receive the Final Assessment Roll for Project 1198 (Blackhawk Forest/Centex Vermilion
Additions - Street Improvements) and schedule a public hearing to be held on
November 1, 2016.
Facts:
➢ . Project 1198 provided for approximately 5,450 feet of street improvements on
residential streets in west -central Eagan, as outlined and discussed in the
feasibility report and approved by the City Council at the public hearing held on
February 2, 2016.
➢ The project, constructed under Contract 16-02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based
upon the City of Eagan's current Special Assessment Policy for all such
assessable properties.
➢ The roll is now being presented to the Council for their consideration of
scheduling a public hearing to formally present the final costs to be levied
against the benefited properties.
➢ An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns
or questions.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
I. Project 1199, Red Oaks, Woodlands 4t", Verdant Hills, Verdant Acres Additions
Final Assessment Roll
Action To Be Considered:
Receive the Final Assessment Roll for Project 1199 (Red Oaks, Woodlands 4t", Verdant
Hills, Verdant Acres Additions - Street Improvements) and schedule a public hearing to
be held on November 1, 2016.
Facts:
➢ Project 1199 provided for approximately 2,400 feet of street improvements on
residential streets in east -central Eagan, as outlined and discussed in the
feasibility report and approved by the City Council at_the_public hearing held on
February 2, 2016.
➢ The project, constructed under Contract 16-02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based
upon the City of Eagan's current Special Assessment Policy for all such
assessable properties.
➢ The roll is now being presented to the Council for their consideration of
scheduling a public hearing to formally present the final costs to be levied
against the benefited properties.
➢ An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns
or questions.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
J. Project 1200, Diffley Commons
Final Assessment Roll
Action To Be Considered:
Receive the Final Assessment Roll for Project 1200 (Diffley Commons - Street
Improvements) and schedule a public hearing to be held on November 1, 2016.
Facts:
➢ Project 1200 provided for approximately 3,650 feet of street improvements on
residential streets within the Diffley Commons neighborhood in west -central
Eagan, as outlined and discussed in the feasibility report and approved by the
City Council at the public hearing held on February 2, 2016.
➢ The project, constructed under Contract 16-02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based
upon the City of Eagan's current Special Assessment Policy for all such
assessable properties.
➢ The roll is now being presented to the Council for their consideration of
scheduling a public hearing to formally present the final costs to be levied
against the benefited properties.
➢ An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns
or questions.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
K. Project 1201, Kingswood Ponds
Final Assessment Roll
Action To Be Considered:
Receive the Final Assessment Roll for Project 1201 (Kingswood Ponds - Street
Improvements) and schedule a public hearing to be held on November 1, 2016.
Facts:
➢ Project 1201 provided for approximately 2,400 feet of street improvements on
residential streets in central Eagan, as outlined and discussed in the feasibility
report and approved by the City Council at the public hearing held on February
2,2-016. - - - - - -
➢ The project, constructed under Contract 16-02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based
upon the City of Eagan's current Special Assessment Policy for all such
assessable properties.
➢ The roll is now being presented to the Council for their consideration of
scheduling a public hearing to formally present the final costs to be levied
against the benefited properties.
➢ An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns
or questions.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
L. Contract 16-01, Citywide Street Improvements
Action To Be Considered:
Approve the final payment for Contract 16-01 (Citywide Street Improvements) in the
amount of $113,762.15 to McNamara Contracting, Inc., and accept the improvements
for perpetual City maintenance subject to warranty provisions.
Facts:
➢ Contract 16-01 provided for the street improvements as outlined and discussed
in the respective Feasibility Reports for each of the following projects:
o Nicols Road (Silver Bell Road to 1,235' North) - Project 1142
o Eagandale Corporate Center - Project 1191
o Johnny Cake_Ridge_Road (Cliff Rd -to Teal Cove) -_Project 1192
o Denmark Avenue, Timbershore Additions, and Pilot Knob Heights
Addition - Project 1193
o Cedar Grove 3rd Addition - Project 1196
o Eagan Business Commons (Commers Drive) - Project 1202
o Mallard Park 2nd Addition - Project 1203
On April 5, 2016, the City Council awarded the contract to McNamara
Contracting, Inc., for the base bid of $1,243,814.80.
These improvements have been completed, inspected by representatives of the
Public Works Department, and found to be in order for favorable Council action
of final payment and acceptance for perpetual maintenance subject to warranty
provisions.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
M. Central Maintenance Facility — Natural Gas Service
Minnesota Energy Resources Corporation
Action To Be Considered:
Approve a natural gas service installation contract for the Central Maintenance Facility
(3501 Coachman Point) with Minnesota Energy Resources Corporation (MERC) and
authorize the Mayor and Deputy City Clerk to execute all related documents.
Facts:
➢ On March 15, 2016, the City Council approved Contract 16-04 with Ebert
Construction Inc. for Phase I of the renovation of the Central Maintenance
Facility (CMF) at 3501 Coachman Pointe. Contract 16-04 consists of the
construction of additional heated vehicle storage and equipment bays, enlarged
and updated service bays, and a detached utility storage building, as well as site
improvements for drainage and other miscellaneous needs.
➢ In order to heat the 6,600 square feet of the utility storage building located on
the west edge of the CMF site, a natural gas service line will need to be installed
to said building.
➢ As is common practice for the installation of non-residential utility service lines,
there will be no cost charged for the installation and associated labor. The
future payments for the additional demand of natural gas will address
compensation for the proposed service line improvements.
➢ The agreement for the service installation has been reviewed by Public Works
staff and is determined to be consistent with utility services for other City
facilities.
Attachments (1)
CM -1 Service Installation Agreement
Minnesota Energy Resources Corporation
DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
District: 93
Project No: 0053000000
Work Request/Revision: 2308812-2
This contract is for the installation of Gas facilities entered into on September 16, 2016 (Contract Date) between
EAGAN CITY GARAGE (Customer) and Minnesota Energy Resources Corporation (MERC).
Site Address / Location: 3501 COACHMAN RD in the CITY OF EAGAN, County of DAKOTA, State of MN.
MERC agrees to install facilities and provide service in accordance with all appropriate regulations and tariffs as
filed with the Public Utilities Commission of Minnesota (PUC). MERC furthermore agrees to render service to the
Customer at such point on the premise as has been mutually determined and agreed upon. The Customer agrees to
comply with all terms and conditions as stated on Page 2 of this contract, including the commencement date of
Minimum Charges, and all appropriate MERC tariffs on file with the PUC.
Customer's Contribution In Aid of Construction*: $o
*This amount is owed by the customer after Minnesota Energy Resources' investment in the project. Any required
payment must be sent with the signed agreement, in order for your project to proceed.
This -agreement M_does _F _does not include the cost of the_service(s) all _the _way to the -meter. When it does_not,_additional
charges may be forthcoming for excess footage beyond 75 feet from your property line.
Allowances are determined by MERC's extension rule policies that have been approved by the PUC.
I have read, understand and agree to the terms and conditions of this contract
Customer Signature:
Mailing Address:
MERC Signature:
EAGAN CITY GARAGE
3501 COACHMAN RD
SAINT PAUL, MN 55122-1211
Return Contract & Contribution To:
Date:
Date:
Minnesota Energy Resources
Attn: Nancy Lilienthal
1995 Rahncliff Court, Suite 200
Eagan, MN 55122
Page 1 of 2
Minnesota Energy Resources Corporation
DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
ADDITIONAL TERMS AND CONDITIONS
1. This Contract is not effective until signed by both Company and the Customer. If the Customer fails to return the Contract to Company within
thirty days of the Company signature date or contract date, the Contract offer is null and void.
2. The payment calculation of this Contract is subject to change if the Customer causes a construction delay, there is change in scope, or actions by
governmental authorities cause a calculation change. Any change shall be reviewed with the Customer prior to construction and a new feasibility
study will be run and a new Contract shall be executed. If during construction, the Company encounters unanticipated abnormal conditions, such
as rock or frost outside of the normal winter construction period of December 1 to April 1, the customer shall be responsible for these additional
costs.
3. As a condition of receiving service, the Customer agrees to grant the Company, at no cost, an easement for the necessary construction, operation,
and maintenance of any portion of the extension necessary to serve the Customer.
4. The Customer further understands that their structure must comply with the applicable State and Federal Conservation Code and any other
applicable codes and that any noncompliance in future inspections by the Company may be grounds for disconnection of service.
5. If the service to the Customer is part of a project designed to serve several customers from one extension, it is understood that this Contract will
be binding on the parties hereto only when and if the Company secures sufficient contracts to warrant, in Company's sole discretion, the
construction of the project.
6. All the terms and conditions of this Contract shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of
the parties hereto. If the Customer leases, sells, or otherwise disposes of the property herein described, he shall complete the payments according
to this Contract unless he shall have secured an assumption of his remaining obligations under this Contract, satisfactory to and approved by the
Company.
7. Whether stated or not, a special facilities charge will be applied during the Winter Construction period, as stated in the Company's approved
tariffs.
8. Any lawn restoration or surface repair on private property, as a result of this installation, shall be the Customer's responsibility.
9. The Customer, irrespective of subsequent change of ownership, shall provide at no expense to the Company, soil graded within six inches of the
finished grade prior to installation of facilities. Survey stakes indicating property lines shall be installed by the Customer at no expense to the
Company prior to installation of facilities. The Company shall be notified in advance of any change in grade levels. Any and all costs incurred as
a result of such grade changes shall be at the expense of the Customer.
10. The Customer agrees to provide the Company, or its authorized contractor, the location, within 24", of all underground facilities such as
those for the transmission of electricity, water, cable TV, sewer, telephone, gas or fuel which are owned by the Customer on the premises and
which may be encountered by the Company or its authorized contractor during the proposed installation of the facilities If the Customer is
unable to locate an underground facility, or fails to provide the location of any underground facility, or if the underground facility in question
is encountered more than 24" from the location identified by the Customer, the Customer shall defend indemnify, and hold the Company
harmless as well as its agents, employees, assigns, afFliates, ofFcers, administrators, predecessors, successors subsidiaries members and
managers from and against any claim, action, proceeding, liability, loss damage cost or expense including without limitation attorneys' fees
arising out of or in connection with the Customer's use of service.
11. In no event shall the Company be responsible for any consequential, incidental, special or punitive damages whatsoever, whether arising from
breach of warranty or other breach of contract, negligence or other tort, or any other theory of law.
12. If any provision of this Contract is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it
is in contravention of applicable laws without invalidating the remaining provision of the Contract.
13. This Contract shall be governed by and construed in accordance with the internal laws of the State of Minnesota.
14. The Customer and the Company hereby agree to abide by and be subject to the rules, regulations, and schedules of the Company as filed with and
approved by the Minnesota Public Utility Commission from time to time, as well as the rules and regulations of the Minnesota Administrative
Code.
15. In the event of a conflict between this Contract and the Company's approved tariffs, the tariffs shall prevail,
16. Beginning the date the gas meter serving the Customer is installed, or 180 days after the gas service line serving the Customer is installed,
whichever is earlier, the Customer will be billed the applicable Minimum Charge. The determination of the rate schedule the Customer is
expected to take service under shall be in Company's sole discretion.
Page 2 of 2
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
N. Contract 16-19, Central Maintenance Facility Renovation
Brine Production System
Change Order No. 1
Action To Be Considered:
Approve Change Order No. 1 to Contract 16-19 (Central Maintenance Facility
Improvements — Brine Production System) and authorize the Mayor and City Clerk to
execute all related documents.
Facts:
➢ Contract 16-19 provides for the brine production system, a specialty item for
winter maintenance/ice control material production, _ that was_ cost-effectively
separated from the remainder of the Central Maintenance Facility renovation
improvements.
➢ Change Order No. 1 addresses the addition of 200 feet of specialty hose to
connect the exterior storage tanks to the enclosed brine production system.
➢ Change Order No. 1 provides an addition of $1,247.93 (2.2% of original contract)
to the contract. The cost will be funded by the CMF Renovation funding as
designated in the 2016-2020 Facilities Capital Improvement Plan.
➢ The cost associated with this Change Order has been reviewed by the project
architect and Public Works staff and determined to be consistent with prices
received for similar items on projects within the metropolitan area.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
O. Winter Trail Maintenance Program
Action To Be Considered:
Approve Specific Additions to the Winter Trail Maintenance Program as endorsed by
consensus at the September 13, 2016 Council Workshop.
Facts:
➢ In 1998, the City implemented a comprehensive Winter Trail Maintenance Program
providing for the snow removal of approximately 50% of the City's transportation
trail system adjacent to collector and arterial streets. The current program consists
of 77.1 miles maintained miles of a total 123.4 mile system (62.5%).
➢ Part of that program _includes a policy that, among other things, stipulates_ that_ the
Council will review all requests and new additions for possible modification of the
most current adopted plan.
➢ At the September 13, 2016, Council Workshop, the Council considered three
recreational trail segments for additional maintenance. As a result of that
workshop discussion, the following endorsements were reached by consensus:
1. Central Park: ADD 4,756 linear feet (0.90 miles)
2. Highline Trail (Rahn Athletic/Rahn Park to Johnny Cake Ridge Rd & Johnny
Cake W Side to Diffley): ADD 10,400 linear feet (1.97 miles)
3. Thomas Lake Park: ADD 8,210 linear feet (1.55 miles)
➢ Staff completed a comprehensive analysis of all current parks and associated trails
in preparation for the Council's workshop consideration. Accordingly, the City
Council determined it does not expect to complete an annual review of park trails,
with or without petitions, except for the possible addition of new community parks.
➢ In accordance with the City's Winter Trail Maintenance Program, the recreational/
park trail segments will be included as Priority Level 4 routes. More significant
storm events will enact strict priority plowing endeavors, limiting the ability to
complete these segments. That said, some of these trail segments may be plowed
before higher priority trails due to efficiency, in some instances. Drifting on park or
recreational trails may not be equal to a snow event and may not justify replowing.
➢ The result of the Council's deliberative evaluation will add a net increase of 23,366
ft (approx. 4.43 miles) to the current Winter Trail Maintenance Program to be
performed with in-house resources. This information was directed to the October 4
regular meeting for consideration of formal adoption.
Attachments (1)
CO -1 Location Maps
1161
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Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
P. Technical Specialty Consulting Agreement - Amendment
Houston Engineering, Inc.
Action To Be Considered:
Approve an amendment to the Technical Specialty Consulting Agreement with Houston
Engineering, Inc. and authorize the Mayor and Deputy City Clerk to execute all necessary
documents.
Facts:
➢ On March 17, 2015, the City Council approved contracts with consulting engineering
firms for general municipal and technical specialty services. Among them, a Technical
Specialty Consulting Agreement was approved with Houston Engineering, Inc. (Houston)
for Geographic Information Systems (GIS) services.
--- - ➢
Inpartial fulfillment of City -Code -§4.34 stormwater management requirements, the City
Council routinely approves long-term maintenance agreements with private parties to
ensure continued and proper functioning of their private stormwater management
systems, which may discharge to the public stormwater management system.
➢ Houston has developed an easy-to-use software application, MS4Front, that can be
customized and used for inspection and tracking of private long-term maintenance
agreements. The City's existing agreement with Houston does not include this service.
➢ Any additional fees for software configuration and subscription to the service will be
paid by the Water Resources Program budget, as approved by the City Council. Funds
come from the stormwater utility fee collected quarterly from Eagan residents and
businesses.
➢ The amendment to Appendix A of the existing agreement, which includes this service,
has been reviewed by Public Works staff and found to be in order for favorable Council
action.
Attachments (2)
CP -1 Amended Appendix A, Technical Specialty Consulting Agreement
CP -2 Updated 2016 Fee Schedule and MS4Front Pricing
APPENDIX "A"
Basic Services for Construction Projects
The Consultant's Basic Services for construction projects consist of the Design Engineering
Phase and the Construction Engineering Phase, which are described below.
DESIGN ENGINEERING PHASE
1. Feasibility Study/Report
Upon receipt of the City's authorization to proceed with the Feasibility Study/Report, the
Consultant will:
1.1. After consulting with the City, prepare an engineering feasibility report on the Project.
The report will indicate the scope of the Project and include the following elements.
1) Summary of preliminary design alternatives and recommendations;
2) Consultant's Preliminary Opinion of Probable Construction Cost;
3) Administrative, legal, bonding and engineering cost estimates based on a
percentage of the construction cost;
4) List of permits required from other governmental and administrative bodies;
5) Project sketches indicating the general nature of the proposed Project
improvements;
6) Proposed funding sources.
1.2. Outline -the anticipated -permanent and -temporary easements and righ-ts-of-way needed
for the construction of the Project.
1.3. Submit the City designated number of copies of the Feasibility Report to the City five
calendar days before review by the City Council.
1.4. Using maps and diagrams which depict the nature and location of the Project, present
the data contained in the Report in the manner & format requested by the City to the City
Council at a minimum of one (1) public hearing and one (1) Neighborhood Informational
Meeting.
2. Final Design
Upon receipt of the City authorization to proceed with the Final Design, the Consultant
will:
2.1. Design and prepare detailed plans and specifications for the Project. Consultant's plans
and specifications must incorporate all pertinent notification procedures and specifics
related to State Statutes, Office of Pipeline Safety Rules, OSHA Rules, Gopher State
Notification, etc. as needed to protect Consultant and City from claims. During the
design and preparation of the plans and specifications, the Consultant will periodically
consult with the City's appointed representative to obtain the City's comments. Upon
completion, the Consultant will submit number of City requested copies of the plans and
specifications for review by the City within time requested by the City prior to their review
and approval by the City Council at a public meeting.
2.2. Prepare the Contract Documents for review by the City and its attorneys, which include:
1) Construction agreement forms
2) Payment and performance bond forms
3) General conditions
4) Special provisions
5) Specifications
6) Detailed plans
7) Proposal forms
The Consultant will furnish Contract Document sets as needed in sufficient quantity to
satisfy the number of anticipated bidders.
2.3. Advise the City as to necessary services in addition to those furnished by the
Consultant, such as land and easement surveys, soil borings, testing and environmental
services and other information needed for a Project. If authorized by the City, the
Consultant will assist the City to procure these services. The providers of these services
will contract directly with the City and issue invoices directly to the City.
2.4. Prepare a statement of the Consultant's Opinion of Probable Construction Cost for the
Project, based upon designs established to this point.
2.5. Upon receipt of City Council authorization to proceed, the Consultant will assist the City
in obtaining and analyzing construction bids and respective bidders for the contract
providing a summary of all bids received. The Consultant will prepare a recommendation
based on this analysis to the City for consideration of award no later than 24 hrs. prior to
scheduled City Council action.
CONSTRUCTION PHASE
Upon receipt of City authorization to proceed with the Construction Phase of the Project, the
Consultant will:
1.1. Organize, notice all appropriate parties, bodies, or agencies who have an interest in the
_Project. Attend_ and assist_ the_ City_at the -pre -construction -conference -with the successful
bidder, and any other parties,
1.2. Maintain communication with contractor and provide documentation assuring that all
pertinent notification procedures and specifics related to State Statutes, Office of
Pipeline Safety Rules, OSHA Rules, Gopher State Notification, are complied with.
1.3. Provide construction survey staking to common industry standards for the type of
construction activity proposed.
1.4. Visit the project at appropriate intervals during construction to monitor and document the
progress and quality of the contractor's work and to determine if the work is proceeding
in accordance with the Contract Documents. For City -observed projects, the Consultant
shall accept the construction of the project as being complete according to the
construction documents upon a similar certification by a City representative. The
Consultant does not guarantee the performance of, and shall have no responsibility for,
the acts or omissions of any contractor, subcontractor, supplier or any other entity
furnishing materials or performing any work on the project. If the City desires more
extensive or full-time project observation, the City shall request such services be
provided by the Consultant as Additional Services in accordance with the terms of this
Agreement. In this instance, the Consultant shall monitor the construction of the project
to insure that the same as being completed according to the construction documents.
1.5. Review of shop drawings, samples and other submittals. Consultant shall review shop
drawings, samples and other submissions of the Contractor solely for their general
compatibility with the Consultant's design intent and conformance with the information
given in the Contract Documents. The Consultant shall not be responsible for any
aspects of a shop drawing submission relating to the duties of the Contractor (such as
the means, methods, techniques, sequences and operations of construction, safety
precautions and programs incidental thereto) all of which are the Contractor's
responsibility, and not the responsibility of the Consultant.
1.6. Review the Contractor's request for progress payments, advise the City in writing as to
the Consultant's opinion of the extent and acceptability of the work completed in
accordance with the terms of the Construction Contract, and issue for processing by the
City all requests for payment.
1.7. Make timely recommendations to the City as to all claims relating to the execution and
progress of the construction work.
1.8. Issue such additional instructions to the Contractor as may be necessary to interpret the
drawings and specifications or the illustrated changes required in the Contractor's work.
1.9. After consulting with the City, prepare Change Orders for work not covered by the
Contract or for substantial changes of estimated "contract quantities" as defined in the
Project's Contract Documents, for the City's approval and execution. Change Orders
shall be processed within two weeks after the City provides direction to the Consultant.
The City understands that Change Orders may be required during a Project for many
reasons, including incompleteness, errors, or ambiguities in the Construction
Documents. In no event shall the Consultant be responsible for paying the cost of a
Change Order or other change unless it would not have been otherwise necessary to a
Project or otherwise does not adds value or betterment to a Project.
1.10. Conduct construction progress reviews with the Contractor and the City related but not
limited to, contractors agreed upon date of completion.
1.11. Coordinate periodic field tests during the course of construction and promptly inform the
Contractor and City of any failures.
1.12. Conduct an inspection when work is substantially complete. On the basis of its on-site
observations, the Consultant shall prepare a statement of substantial completion along
with a "punch list" for the Contractor, listing work left to be completed by the Contractor.
1.13. Conduct, as agreed upon by City's Representative, a final inspection of the Project as
constructed to determine whether it:
1) Generally conforms with the Consultant's design concept of the Project as
contained in the Contract Documents, and
2) Appears to be constructed in accordance with the Contract Documents.
The Consultant shall certify a recommendation for final acceptance of the work to the
City and then shall forward to the City a written approval of the Contractor's Request for
Final Payment that shall be signed by the Contractor.
1.14. Arrange for the City to receive detailed instructions regarding the operation and
maintenance of any equipment, machinery or apparatus installed under the contract as
part of the Project by the date of substantial completion or activation, whichever is
sooner. Such instructions shall be supplied by the Contractor and manufacturers'
representatives.
1.15. Submit to the City a collection of field -measured quantities required to produce "Record
Plans" within 6 months of final completion/certification. Contractor shall be responsible to
address requests for "as-builts" information prior to submittal of record plans.
CONTRACT MANAGEMENT
1.1 Consultant will respond in a timely manner to claims submitted by contractors.
1.2 Consultant shall be diligent in communications (provide notifications as necessary) with
contractors about specification items to assure City has full legal protection under
construction contract documents.
COMPUTER SOFTWARE/MANAGEMENT
Upon receipt of City authorization to proceed with Computer Software/Management, the
Consultant will:
1.1 Furnish computer software application as requested by the City to meet described
needs.
1.2 Customize or configure software application for the specifically requested purposes of
the City's use.
1.3 Provide training to City staff on the use of the software application.
1.4 Enable data created as a result of the use of the software application to be utilized by
other computer software applications (e.g. work order management, ESRI, etc.). All
data would become the property of the City.
1.5 Provide software maintenance service and upgrades as an option that the City may
subscribe to on an annual basis. Subscription rate is to be included in the Council
approved Fee Schedule.
Houston Engineering Inc.
The following is a schedule of hourly rates and charges for engineering and surveying services offered by
Houston Engineering, Inc.
I
Subsistence
Actual Cost
Senior Project Manager
$183
Project Manager
166
Project Engineer
152
Professional Engineer
136
Design Engineer
121
Graduate Engineer
109
Leg islative/G rant Specialist
$155
Expert Witness
201
Sr. Environmental Project Manager
$183
Senior Environmental Scientist
160
Environmental Scientist
137
-Scientist-
121
Graduate Scientist
109
Graduate Scientist 1
87
Senior Planner
$166
Associate Planner
120
Technical Writer
81
Sr. Land Surveyor Project Manager
$161
Senior Land Surveyor
149
Land Surveyor
126
Graduate Land Surveyor
109
Senior Construction Engineer
$149
Construction Engineer
126
Graduate Construction Engineer
108
Senior Technician
$109
Technician
97
Graduate Technician
85
Technician Intern
74
Senior GIS Project Manager
$160
GIS Project Manager
137
GIS Developer
126
GIS Specialist
109
GIS Tech n ician/Developer 11
95
GIS Technician 1
81
I
Subsistence
Actual Cost
Right -of -Way Specialist
$166
Right -of -Way Technician
99
Senior Designer
$132
Designer
114
GPS Equipment
$25/hour/unit
1 -Person Crew (plus Equipment)
$132
2 -Person Crew (plus Equipment)
160
3 -Person Crew (plus Equipment)
201
4 -Person Crew (plus Equipment)
224
CAD Manager
$109
CAD -Supervisor
97
Senior CAD Operator
85
CAD Operator
74
Computer Technician
$132
Senior Administrative Assistant
$74
Administrative Assistant
69
I
Subsistence
Actual Cost
2 -Wheel Drive
IRS Standard Rate
4 -Wheel Drive
IRS Standard Rate
GPS Equipment
$25/hour/unit
Robotic Total Station
$20/hour
S6 Robotic Total Station
$40/hour
All -Terrain
$1 5/hour
Long -Distance Telephone,
Actual Cost
Overnight Delivery,
Postage, Printing
Surveying Materials,
Actual Cost
Special Equipment, and
other Materials required for
the job
Subconsultants
Actual Cost + 10%
I
MS4Front — MS4 Permit Compliance Record Keeping Software Service
PRICING
Initial Account Creation and Set-up:
$5,800
Includes creation of Subscriber's account and initial configuration of software
Includes the first year's annual subscription fee
Includes up to 4 hours of web training for Subscriber staff
*It is the Subscriber's responsibility to load, migrate and revise all data into MS4Front
Annual Subscription Fee:
$2,000
Includes unlimited Subscriber user accounts for internal use
Includes up to 4 hours/year of help desk support (bug fixes do not count towards the
help desk support)
All support requests must go through Subscribers authorized contact
Interface Customization:
MS4Front interface is not customizable however we do accept feedback and
suggestions to make enhancements to the software as part of our mission to provide a
class leading MS4 permit compliance software system. If customizations or additional
modules are requested by the subscriber they can be added in a supplementary scope
of work and billed as an hourly service.
Subscriber Requested Services, Support or Training (over the base amount described above):
Provider can offer additional data loading, migration, translation support and system
integration as an hourly service if requested by Subscriber.
Provider can offer additional online training or onsite training. Subscriber would be
responsible for reimbursable travel expenses.
All services will be performed as a time and materials contract at Provider's applicable
billing rates.
2
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
Q. Dakota County Transportation Capital Improvement Program (CIP) 2017-2021
Action To Be Considered:
Approve a resolution in support of Dakota County's draft 5 -year Transportation Capital
Improvement Program for 2017-2021.
Facts:
➢ At the May 10, 2016, Special Council Workshop, the Council reviewed and discussed the
Public Works Department's proposed 5 -year Capital Improvement Program (CIP), Part III
for 2017-2021. After consideration, the Council affirmed the draft CIP.
➢ On June 7, the City Council approved the 5 -year CIP as discussed at the May 10 Council
Workshop, including_ improvements_ to County highways that _are -important _to the -City
of Eagan.
➢ Since the County and City share the cost of all County highway improvements on a
55/45 split, it is appropriate that both agencies are in agreement with such
improvements.
➢ As part of the CIP preparation, a comparison of City requests and the County's current
CIP were made jointly by City and County staff. Accordingly, County staff have utilized
said information in preparing their next CIP (2017-2021).
➢ The Dakota County Transportation Department has now completed their draft 5 -year
CIP for 2017-2021 which is scheduled to be presented to the County Board at a public
hearing on November 3, 2015.
➢ The County has included all of the County highway improvements incorporated in the
City's CIP (2017-2021), such as major road upgrades. Although the County CIP doesn't
reference specific signalized intersections or trail improvements, it does include funding
for such less significant improvements, but does not commit to individual project areas
on a long-range planning basis.
➢ The County has requested that the City formally approve the County's draft
Transportation CIP for 2017-2021. City staff have reviewed it and found it to be in order
for favorable Council consideration.
Attachments (1)
CQ -1 Comparison of City and County CIP's
CQ -2 Resolution
5 -Year Capital Improvement Plan (CIP)
Eagan (Approved 2017-2021) v
County Draft (2017-2021)
10/4/2016
IMPROVEMENTS - Construction Year
Eagan Approved
County Draft
(2017-21 CIP)
(2017-2021 CIP)
Cost Estimate
Cost Participation
ROADS
1 CSAH 26, Lone Oak Road TH-55 to TH-3
NA
2018-2020
$12,800,000
$10,300,000 Counly/Federel
Upgrade to 4 -lanes/ Turn Lanes/ Intersection Upgrades
$2,500,000 Eagan/IGH
2 CSAH 32 (Lexington Ave to TH 3)
See SIG/INT #3
2018
$1,800,000
$1,700,000 county
Turn Lanes/ Rumble Strips
$100,000 city
SIGNALS / INTERSECTIONS
1 CSAH 26 (Lone Oak Road)/Lone Oak Drive
2017
2018-2020
$300,000
$165,000 county
Intersection Modification (MVZ AUAR)
$135,000 city
2 CSAH 30, Diffley Road at Nicols Rd
2017
2017
$750,000
$400,000 county
Traffic Signal & Intersection Modifications
$350,000 City
3 CSAH 32, Cliff Road at Dodd Road
2017
See ROADS #2
$300,000
$165,000 county
Intersection & Traffic Control Modifications
$135,000 city
3 CSAH 31, Cliff Road at 1-494 Ramps
NA
2018
$300,000
$300,000 County
Intersection & Traffic Control Modifications
4 CSAH 31, Pilot Knob Road at CSAH 32, Cliff Road
NA
2017-2019
$3,900,000
$3,300,000 County/Federal
Intersection & Traffic Control Modifications
$600,000 City
5 CSAH 30, Diff ley Road at Cedar Ave Freeway Ramps
NA
2017
$230,000
$230,000 county
Traffic Signal & Intersection Modifications
6- CSAH 30,--Diffley Road at -Braddock Trail -
2017
-NA
$100;000 -
$55,000 County -
Extend EB Left Turn Lane/ Ped Countdowns
$45,000 City
7 CSAH 30, Diffley Road at Braddock Trail
2021
NA
$450,000
$250,000 county
Geometric Improvements/ Left -Right Turn Arrows
$200,000 city
6 CSAH 28, Yankee Doodle Road atalu.cross/coachman/Contral-Federal
NA
2018
$1,100,000
$550,000 County
Traffic Signal & Intersection Modifications
$550,000 city
9 CSAH 28, Yankee Doodle Road at Elrene Rd/ Mike Collins Dr
2021
2020-2021
$400,000
$220,000 County
Elrene - New Traffic Signal Installation, Mike Collins - 3/4 Int
$160,000 city
to CSAH 26/CSAH 43, Lone Oak Road at Lexington Ave
2018
2017-2019
$2,700,000
$300,000 county
Intersection Reconfiguration(Traffic Control Upgrade
$250,000 city
$2,150,000 Federal
11 Automated Traffic Management Systems (ATMS) Design
NA
2018
$150,000
$60,000 county
$70,000 City
12 Automated Traffic Management Systems (ATMS) Const
2019
2019
$1,600,000
$180,000 county
$150,000 City
$1,300,000 Federal
13 Flashing Yellow Arrows
2017-2021
NA
$100,000/year
$50,000 countyistate
$50,000 City
TRAILS
1 Adjacent to Multiple County Roads (CSAH 31, 32, 43)
2017
NA
$470,000
$210,000 County
Trail Overlays
$260,000 City
2 Adjacent to Multiple County Roads (CSAH 26, 28)
2018
NA
$200,000
$110,000 County
Trail Overlays
$90,000 city
3 Adjacent to Multiple County Roads (CSAH 26, 28, 31)
2019
NA
$350,000
$190,000 county
Trail Overlays
$160,000 City
4 Adjacent to CSAH 32
2020
NA
$350,000
$190,000 County
Trail Overlays -2 segments
$160,000 City
5 No County Road Trails Scheduled
2021
NA
$0 County
$0 City
5 Year Total
$28,250,000
NA=Not Addressed
DAKOTA COUNTY
TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM (CIP)
2017-2021
WHEREAS, Dakota County has asked cities and townships for letters of support for the Dakota
County Transportation Capital Improvement Program (CIP) for 2017 to 2021; and
WHEREAS, the Dakota County transportation projects within the City of Eagan, as listed in the
City's 5 -Year CIP, are deemed important to the City of Eagan; and
WHEREAS, on October 4, 2016, the Eagan City Council considered Dakota County's draft 5 -Year
CIP (2017-2021) incorporating the County transportation projects; and,
WHEREAS, all other County Highway segments included in the approved City of Eagan 5 -year
CIP (2017-2021) have been included in the draft Dakota County Transportation CIP (2017-2021);
and,
WHEREAS, the City of Eagan intends to participate in costs associated with these projects in
accordance with applicable County cost-sharing policies.
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby supports the projects
included in the -Dakota County Transportation CIP (2017 -2021) -for construction in the years
designated.
DATED this 4th day of October, 2016
ATTEST:
Cheryl L. Stevenson, Deputy Clerk
CERTIFICATION
State of Minnesota
County of Dakota
City of Eagan
Mike Maguire, Mayor
I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution
presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof
held in the City of Eagan, Minnesota, on the 4th day of October, 2016, as disclosed by the
records of said City in my possession.
Cheryl L. Stevenson, Deputy Clerk
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
R. Water Quality Cost -Share Partnership Program
Cost -Share, Operation and Maintenance Agreement
Action To Be Considered:
Approve a Cost Share, Operation and Maintenance Agreement with the property owners of
1268 East Balsam Trail to help implement a Multi -Cell Bioretention Basin Project through the
Water Quality Cost -Share Partnership Program and authorize the Mayor and Deputy City Clerk
to execute all related documents.
Facts:
-_ _ _➢
On December 4,_2012, the _City -Council -approved a -Water-- Quality -Cost-Share Partnership
Program (Program), the purposes of which are to: 1) improve water quality in downstream
public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public
waterbodies; 3) preserve, protect and enhance native plant communities around public
waterbodies; and 4) educate and engage the public on the value of improving public water
resources, and to develop empowerment and partnership opportunities.
➢ The Program is funded from the stormwater utility fund and is being administered by Water
Resources staff according to City Council priorities as designated in approved capital
improvement programs, lake management plans, and development agreements. The
Program is provided up to $50,000 annually in the 2016-2020 Public Works Department's
Capital Improvement Program.
➢ Timothy and Barbara Callister, property owners of 1268 East Balsam Trail, propose to
engage a contractor to construct a multi -cell bioretention basin and associated stormwater
infrastructure to intercept, filter, and infiltrate stormwater runoff (including sediment and
phosphorus) from portions of two properties which currently drain directly to Carlson Lake.
➢ The project would be a lake and street -viewable demonstration of effective stormwater
runoff reduction practices that may influence other residents to follow. The project would
be anticipated to be substantially completed by the end of 2016 at a total estimated cost of
$4,500.
➢ An estimated cost -share of $3,375 from the City would be matched by approximately
$1,125 of funding from the Callisters. City staff have reviewed the project details and
proposed City cost contribution and found it to be in order for favorable Council
consideration of participation through the Water Quality Cost -Share Partnership Program.
ATTACHMENTS: (1)
CR -1 Cost -Share, Operation and Maintenance Agreement
CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM
COST SHARE, OPERATION AND MAINTENANCE AGREEMENT
This Cost Share, Operation and Maintenance Agreement ("Agreement") is made this
day of , 2016, by and between Timothy and Barbara
Callister, husband and wife (the "Owners"), and the City of Eagan, a Minnesota municipal
corporation (the "City"), (collectively the "Parties").
WHEREAS, the Owners are the _fee _title holder_ of_real -property -located -at--1-268 -East
Balsam Trail, Eagan, ?Minnesota, and legally described as follows:
Lot 11, Block 1, WILDERNESS RUN SIXTH ADDITION Dakota County, Minnesota
(the "Property");
WHEREAS, the Owners desire to perform a water quality improvement project (the
"Project") to install Two Bioretention/Infiltration Basins (the "Improvements") as depicted on
and in accordance with the proposal attached hereto as Exhibits A and B and incorporated
herein (Exhibits A and B will be referred to as the "Plans and Specifications");
WHEREAS, the Owners have submitted an application for assistance with the Project
under the City's Water Quality Cost Share Partnership Program (the "Program");
WHEREAS, the City finds that the Project will serve a public purpose by supporting one
or more of the following public water resource priorities:
a. improving water quality in downstream public waters;
b. reducing stormwater runoff into the public storm -sewer system and public waters;
c, preserving, protecting and enhancing native plant communities around public waters; and
d. educating and engaging the public on the value of improving public water resources, and
empowerment and partnership opportunities;
WHEREAS, the City finds that the Owners and the proposed Project meet the eligibility
requirements for participation in the Program; and
WHEREAS, the City agrees to provide the Owners with certain financial and technical
assistance for the Project through the Program, subject to the terms and conditions hereinafter set
forth;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
obligations of the Parties hereinafter set forth, the Parties agree as follows:
1. Plans and Specifications.
a. Owners' Responsibility. The Owners shall be responsible for development of the
plans/design, specifications and itemized cost estimate for the Improvements (the
"Plans and Specifications").
b. City Review. The Owners shall submit the Plans and Specifications to the City
for review and written approval by the City Engineer or his designee prior to
installation of the Improvements. Notwithstanding the foregoing, the Owners
shall be solely responsible to determine the adequacy of the Plans and
Specifications and to comply with all applicable laws and regulations, and the
City shall have no liability for the Plans and Specifications or the Improvements.
c. Modification of Plans and Specifications Any modification to the approvedFlans
and Specifications must be approved in writing by the City Engineer or his
designee.
2. Installation.
a. Standards. The Improvements shall be installed in accordance with the approved
Plans and Specifications.
b. Labor and. Materials. The Owners shall select, obtain and pay for all labor and
materials for the Project, consistent with the Plans and Specifications, subject to
partial reimbursement as provided in this Agreement.
c. Photo rg abhs. The Owners shall take photographs to document the Project.
d. Time for Completion. The Project must be completed within one year from the
date of execution of this Agreement, unless an extension has been requested and
granted by amendment of this Agreement.
e. Report. Within 30 days after completion of the Project, the Owners shall submit
to the City Engineer or his designee a project completion report in a form required
by the City (including supporting photographs).
2
3. Reimbursement.
a. Reimbursement Request. After the Improvements are completed and approved by
the City Engineer or his designee, the Owners shall submit to the City Engineer or
his designee a written request for reimbursement including (i) a detailed
itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and
documentation of the Owners' Match as defined below (collectively the
"Reimbursement Request').
b. Reimbursement Amount. The City shall reimburse the Owners pursuant to the
Reimbursement Request for up to $3,375 for eligible project costs, and not to
exceed seventy-five percent (75 %) of total Project costs.
c. Reimbursement Schedule. The City shall issue reimbursement to the Owners
within thirty (30) days of receipt of a completed Reimbursement Request.
d. Eligible Costs, All Project costs will be reviewed and verified by the City
Engineer or his designee as eligible, practical and reasonable. The City reserves
the right to make adjustments to the Project costs submitted for reimbursement
based on this review. Subject to the foregoing, the following Project costs are
eligib a far reimbursement:
i. Materials for the Improvements.
ii. Contracted labor costs for site preparation, installation and establishment
period (2 years maximum period post -installation) of the Improvements.
iii. Contracted design / engineering fees, and soil -analysis, but only if
approved in writing by the City Engineer or his designee before contracted
design / engineering / soil -analysis work begins.
e. Ineli 'bY lie Expenses.
L Notwithstanding any provision of this Agreement to the contrary, purely
aesthetic components of the Improvements are not eligible for
reimbursement and shall not be considered part of the Project costs.
ii. Funding will only cover work performed after this Agreement has been
signed, with the exception of pre -project planning / design / engineering
costs that may be allowed to be included, determined on a case-by-case
basis, if pre -approved in writing by the City Engineer or his designee.
f Owners' Match.
L The Owners shall be responsible for a minimum of twenty-five percent
(25 %) of Project costs, which can include in-kind labor value.
4. Maintenance.
a. Maintenance Obligation. For a period of ten (10) years commencing on the date
the Improvements are completed and approved by the City Engineer or his
designee, the Owners shall maintain and repair, when necessary, the
Improvements in accordance with the Plans and Specifications.
b. Maintenance Costs. The Owners shall be solely responsible for all costs
associated with long-term maintenance and repairs of the Improvements.
5. Inspections and Reports.
a. Annual Inspections. The Improvements shall be inspected annually, between
May 15 and October 15, by a Qualified Person selected by the Owners to
determine whether or not the Improvements are functioning in accordance with
the Plans, Specifications and this Agreement. As used in this Agreement, the
term "Qualified Person" shall mean a person approved by the City Engineer based
on shoreland and upland buffer best management practice training and
experience. City Water Resources staff are considered Qualified Persons, with no
fee to Owners. If choosing to use an independent Qualified Person, the Owners'
responsibilities under this Section shall be at the Owners' sole cost and
expense. If, as a result of the inspection, the Improvements are determined not to
be functioning in accordance with the Specifications and this Agreement, the
Owners shall restore/repair the Improvements to function as specified herein.
b. City Notification and Independent Inspection. The City shall be notified at least
24 hours prior to independent annual inspections or any significant maintenance
of the Improvements and, at the sole cost of the City, a representative of the City
may observe any inspection or maintenance. The City shall have right of entry
onto the Property to inspect the Improvements at any time to evaluate the
installation and maintenance of the Improvements.
c. Inspection and Maintenance Report. If using an independent Qualified Person,
the Owners shall submit a report to the City Engineer or his designee by e-mail or
mail, no later than thirty (30) days after any annual inspection and/or maintenance
of the Improvements, providing the following information:
i. Date and time of inspection.
ii. Log of findings.
iii. Date and time of maintenance.
iv. Details of maintenance performed.
v. Photographic documentation.
6. Standards for Performance. Any act of construction, installation, maintenance, or
repair to be performed under this Agreement shall be performed in a good and
workmanlike manner pursuant to sound engineering practices and in compliance with all
applicable governmental requirements.
2
7. Right of Entry. The City, its agents and employees shall have the right to enter the
Property to inspect and to implement the terms of this Agreement. The City, its agents and
employees shall not be subject to or liable for any claims of trespass in connection with such
entry.
8. Indemnification. The Owners shall indemnity and hold the City and its City Council
members, officers, employees, agents, representatives, attorneys, successors and assigns,
harmless from any and all claims arising out of or related to (i) the installation, use,
maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to
the Owners or any third party caused by or related to the Improvements, and (iii) damage
to real property or personal property of the Owners or any third party caused by or related
to the Improvements.
9. Amendment. Release or Termination. Notwithstanding anything herein to the
contrary, no amendment, release or termination of any of the provisions of this
Agreement shall be effective or may be filed of record unless the City consents to the
amendment, release or termination. Such consent must be evidenced by a resolution duly
approved by the City Council, or successor body. The Owners, on behalf of themselves
and their successors and assigns, expressly acknowledge and agree that the City has no
obligation whatsoever to approve or act upon any proposed amendment, release or
termination, may withhold or delay consent for any reason or no reason whatsoever, and
may condition consent upon such terms as the City deems desirable. The Owners, on
behalf of themselves and their successors and assigns, further agree and covenant,
consistent with this acknowledgment, not to institute any legal proceedings against the
City on the grounds that the City failed to respond appropriately to a proposed
amendment, release or termination and to indemnify the City against any expense,
including litigation costs, which the City incurs as a result of any violation by that party
of this covenant. The City may, at any time, give up the right to approval granted
hereunder, said action to be evidenced by City Council resolution or other format
approved by the City Attorney.
10. Remedies for Default.
a. Termination. If the Owners fail to perform the Owners' obligations as and when
required under this Agreement (a "Default"), and fails to cure such Default within
thirty (30) days after the City gives written notice to the Owner specifying the
Default, subject to such extension as may be reasonably necessary due to weather
conditions, then the City may terminate this Agreement by written notice to the
Owners.
b. Repayment. Upon termination of this Agreement, the City Engineer or his
designee shall determine the amount, if any, by which the reimbursement to the
Owners for Project costs under this Agreement exceeded the public benefit
received by the City from the Project (the "Overage"). The Owners shall repay the
Overage to the City within thirty (30) days after receipt of an invoice from the
City describing the calculation and the amount of the Overage. If the Owners fail
to timely repay such funds, the Owners shall be responsible for the City's
attorneys' fees and costs enforcing this Agreement, including costs of collection.
c. Force Majeure. Notwithstanding the foregoing, the Owners shall not be liable for
repayment of funds received under this Agreement if the failure was caused by
reasons proven to be beyond the Owners' control.
11. Duration. This Agreement shall constitute a covenant running with the land and shall be
binding upon and inure to the benefit of the Partics, and any and all of their successors
and assigns.
12. Recordiniz Aareement. The City will record this Agreement against the Property with
the Dakota County Recorder's Office within thirty (30) days of full execution of this
Agreement, and shall provide the Owners with verification of this recording.
13. Governine Law; Venue. The laws of the State of Minnesota shall govern the
interpretation, validity, performance, and enforcement of this Agreement. Any dispute
regarding this Agreement shall be venued in the State of Minnesota District Court in
Dakota County.
Owners' (or Representative's) Contact Information for Long -Term Insnection[Maintenance:
Owners: Timothy Callister
1268 East Balsam Trail
Eagan, MN 55123
Barbara Callister
1268 East Balsam Trail
Eagan, MN 55123
Telephone: 1 452- `m6 LV
Email: + 1% 1 � 1 Corncasi ne-4
[Signature pages follow]
0
IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as
of the date first listed above.
Barbara Callister
STATE OF MINNESOTA )
- - — - ) ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this ? qday of 2016, by
Timothy Callister and Barbara Callister, husband and wife.
wCHE!.LE CAMPU'CLL4U OVSKY'
NOTAIY PWBLiC M)NNESOTA '.
31,2M9
7
CITY:
CITY OF EAGAN,
a Minnesota municipal corporation
By:
Mike Maguire
Its: Mayor
By:
Cheryl Stevenson
Its: Deputy Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before n:re this day of , 2016, by
Mike Maguire and Cheryl Stevenson, the Mayor and Deputy Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the municipal corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952)432-3136
(RBB: 206-4768)
8
Exhibit A
g
uj
OSCAPES
Sustainable tansiscaping
Estimate
Tim & Barb Callister
1268 Balsam Tr. E.
Eagan, MN 55123
651-452-3848
tim callister�comcast.net
Project: Two -Cell Rain Garden Project
Exhibit
Proposal: Install two rain gardens totaling approx.. 400 sq.ft. of ponding area
above retaining wall with a 6" ponding depth. Rain gardesn will collect water from
both homeowners property as well as neighbor's property and from neighbor's
downspouts. Neighbors work is done at their expense. Rain gardens will include
a separation berm (with reinforced overflow) and a 6" overflow drain that will emit
beyond the wall and toward the lake in an area of rock rip rap. Maximum side-
- -- -slopes-will be -3:1 (htv). Install—Install-6-yards-of-compost, till -garden, -install -15 —
5 gal shrubs, 150 —1 gal perennials, and 4 yards of shredded hardwood mulch.
$4500.00
Two -Cell Rain Garden Sizing Table:
AlIX'iturla€ d Rand kagnii, MW - HIZAMAWH - ur-nipttONkOl ;FoaRIPOOKELVnIN 4 VRINO:;ssSUIMUsl.c M
Basin 1(Lower)
Basin 2 (Upper)
Approx. Dimension
15'x24'
15'x24'
Approx. sq ft.
360 with side slopes
360 with side slopes
Max. depth
6"
6"
Avg. depth
5"
5"
Soil Ammendment Vol.
360cf
360cf
Retention Vol. above ground
150cf
150cf
Rentention Vol. below ground
108cf
108cf
AlIX'iturla€ d Rand kagnii, MW - HIZAMAWH - ur-nipttONkOl ;FoaRIPOOKELVnIN 4 VRINO:;ssSUIMUsl.c M
Agenda Information Memo
October 4, 2016, Eagan City Council Meeting
CONSENT AGENDA
S. Authorize funding and approve a Joint Powers Agreement with Dakota County
for the Cedar Avenue Transitway station area planning
Action To Be Considered:
To authorize funding and approve a Joint Powers Agreement with Dakota County to
participate in station area planning along the Cedar Avenue Transitway, METRO Red
Line, and authorize the Mayor and City Clerk to execute all related documents.
Facts:
➢ The 2015 Cedar Avenue Transitway /METRO Red Line Implementation Plan Update
(IPU) recommended that station area plans for each existing and planned stations be
developed to help local communities prepare for a more sustainable community that
integrates transit into future growth and allows for more travel options for residents.
➢ As recommended in the IPU, station area planning is anticipated for all existing and
future stations on the Transitway including the current Cedar Grove and future Cliff
Road stations.
➢ A two level station area planning effort is envisioned, the first level would be a
corridor -wide evaluation. This will include short and long-term strategies to increase
development potential and the economic base of the corridor, intended to increase
ridership. The second level will include more specific detailed station area planning
including a market analysis, development of the future station area vision through
multiple lenses, strategies for access improvements and implementation strategies
for each station.
➢ Dakota County will be the project lead for the station area planning work and has
included it in the Dakota County Regional Railroad Authority Capital Improvement
Program (CIP). Dakota County Regional Railroad Authority will provide 80% of the
funding while the Cities provide the remaining 20%.
➢ The JPA states that costs for the Eagan Station Area plans should not exceed $70,000,
with Eagan responsible for $14,000. Due to the difference in development stages
between each station, it is anticipated that the Cliff Road station will receive a
majority of budgeted hours.
➢ The City previously designated $500,000.00 from the Major Street Fund to assist with
the construction of the pedestrian improvements at the Cedar Grove Transit Station.
To date, these funds have not been used, and future total expenditures are estimated
to be no more than $100,000.00. Staff recommends that a portion of the remaining
funds be used for the City's $14,000.00 share of the station area planning study.
➢ A draft of the Joint Powers Agreement has been reviewed by both the Dakota County
Attorney and City Attorney and is attached for review. It is anticipated that the Dakota
County Regional Rail Authority will approve and sign the agreement at its October 11
meeting.
➢ This request would authorize the City's funding portion from the Major Street Fund,
approve the draft JPA and authorize its execution subsequent to County approval.
Issues: None
Attachments: (2)
CS -1 Location Map
CS -2 Draft Joint Powers Agreement
COST SHARING JOINT POWERS AGREEMENT
BETWEEN
CITY OF EAGAN
AND
DAKOTA COUNTY REGIONAL RAILROAD AUTHORITY
FOR FUNDING OF
TRANSIT STATION AREA PLANNING SERVICES
This Cost Sharing Joint Powers Agreement ("Agreement") is made and entered into by
and between Dakota County Regional Railroad Authority ("Authority") and the City of
Eagan ("City"), collectively referred to as the "Parties", pursuant to Minn. Stat. § 471.59
which authorizes local government units to jointly and cooperatively exercise any power
common to the contracting parties; and
WHEREAS, on December 15, 2015, the Dakota County Regional Railroad Authority
adopted the Cedar Avenue Transitway Implementation Plan Update which recommends
that station area plans for each existing and planned transit station be developed to assist
local communities in planning for the integration of transit facilities and future growth in
the communities;- and -
WHEREAS, the City and Authority wish to collaborate on transit station area planning
within one half mile around the existing METRO Red Line transit stations at Cliff Road
and Cedar Grove in the City; and
WHEREAS, the Authority and City support retaining a consultant to conduct a transit
station area planning study for the Cliff Road and Cedar Grove Stations.
THEREFORE, the Authority and the City agree to the following terms for sharing the
cost of a planning consultant for these purposes.
SECTION 1
PURPOSE
The purpose of this Agreement is to provide for the joint exercise of powers common to
the Parties to cooperate and jointly fund a station area planning study within one half
mile around the Cedar Grove and Cliff Road transit stations in the City of Eagan and to
take such other actions necessary or convenient to complete the planning study.
Station Area Planning. The project funded by this Agreement will produce a set of
recommendations and a vision for both the Cedar Grove station area and the Cliff Road
station area including land use and redevelopment options within the study area to
complement and support transit. The project goals include stimulating economic
development, building bridges for effective planning and implementation, maintaining
and improving natural systems, strengthening communities through better connections
and enhancing the tax base.
SECTION 2
TERM
This Agreement shall be effective as of the date executed by all Parties and shall remain in
effect until completion of the Parties' respective obligations under this Agreement, unless
earlier terminated by law or according to the provisions of this Agreement.
SECTION 3
COOPERATION
The Parties 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 fair manner.
SECTION 4
OBLIGATIONS -_OF THE PARTIES
4.1 Project Funding. The County will lead the project by issuing a Request for
Proposals and will enter into an agreement with a qualified consulting firm in an
amount not to exceed $70,000.
The Authority will provide 80% of the funds for the consulting services, not to
exceed $56,000, and the City will provide 20% of the funds for the consulting
services, not to exceed $14,000. The Authority's contribution to the consultant
fees will come from funds described in the current 2016 - 2020 Authority CIP.
4.2. Authorized Purpose. The funds the City provides to the County under this
Agreement shall be used only for the transit station area planning services related
to the portion of the Cedar Avenue Transitway located within the City.
4.3. Payment of Unauthorized Claims. All funds provided by the County and City
under this Agreement shall only be used for the actual cost for the project. The
County and the City may refuse to pay any claim that is not specifically authorized
by this Agreement. Payment of a claim shall not preclude the County or the City
from questioning or later disputing the propriety of a claim or payment. If
payment of any amount is disputed by the County or the City, payment of
undisputed amounts will be made as set forth herein. The party submitting the
disputed amount shall provide additional documentation to support the disputed
amount, if necessary. The County and the City reserve the right to offset any
overpayment or disallowance of a claim by reducing future payments.
2
4.4. Acknowledgement. The City and County shall appropriately acknowledge the
funding assistance provided by the City and County in any promotional materials,
signage, reports, publications, notices, and presentations relating to project.
SECTION 5
INDEMNIFICATION
Each party to this Agreement shall be liable for the acts or omissions of its officers,
directors, employees or agents and the results thereof to the fullest extent authorized by
law and shall not be responsible for the acts of the other party, its officers, directors,
employees or agents. It is understood and agreed that the provisions of the Municipal
Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising
from the parties' acts or omissions. In the event of any claims or actions asserted or filed
against either party, nothing in this Agreement shall be construed to allow a claimant to
obtain separate judgments or separate liability caps from the individual parties. To insure
a unified defense against any third -party liability claims arising from work of the Project,
the County agrees to require the contractor and any subcontractor retained to work on
the Project to maintain commercial general liability insurance in the amounts consistent
-- with -minimum limits of coverage established by -Minn. Stat. §-466.04 during thetermsof
each Project. All such insurance policies shall name the City and County as additional
insureds. Each Party warrants that it is able to comply with the aforementioned
indemnity requirements through purchased insurance or an adequately funded self-
insurance program and that each has minimum coverage consistent with the liability
limits contained in Minn. Stat. Ch. 466.
SECTION 6
AUTHORIZED REPRESENTATIVES
6.1. Authorized Representatives. The following named persons are designated as
the Authorized Representatives of the parties for purposes of this Agreement.
These persons have authority to bind the party they represent and to consent to
modifications, except that the Authorized Representatives shall have only
authority specifically granted by their respective governing boards. Notice required
to be provided pursuant this Agreement shall be provided to the following named
persons and addresses unless otherwise stated in this Agreement, or in a
modification to this Agreement.
County Authorized Representative
3
City Authorized Representative
City of Eagan
Attn: Jill Hutmacher, Community Development Director
3830 Pilot Knob Road
Eagan, MN 55122
In addition, notification to the City or to the County regarding termination of this
Agreement by the other party shall be provided to:
Office of the Dakota County Attorney
Civil Division
1560 Highway 55
Hastings, MN 55033
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
Attn: Robert B. Bauer, City Attorney
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
6.2. 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 City and County. The City and 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:
County Liaison Matthew Parent
Telephone: (952) 891-7271
Email: matthew.parent@co.dakota.mn.us
City Liaison Erik Slettedahl
Telephone: (651) 675-5692
Email: eslettedahl@cityofeagan.com
SECTION 7
TERMINATION
7.1. In General. Either party may terminate this Agreement for cause by giving seven
(7) days' notice of its intent to terminate, to the other party. Such notice to
terminate for cause shall specify the circumstances warranting termination of the
agreement. Cause shall be a material breach of this Agreement and any
supplemental agreement or modification to this Agreement. Notice of termination
shall be made by certified mail or personal delivery to the Authorized
18
Representative of the other Party. 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.
7.2. Termination by County and City for Lack of Funding. Notwithstanding any
provision of this Agreement to the contrary, both parties may immediately
terminate this Agreement if it does not obtain funding from the Minnesota
Legislature, Minnesota Agencies, Federal government, or other funding source, or
if it's funding cannot be continued at a level sufficient to allow payments of the
amounts due under this Agreement. Notice of termination under this provision
shall be accomplished as provided in Section 7.1. The Parties are not obligated to
pay for any services, labor, materials, equipment, or any benefit that are provided
after receipt of the written notice of termination for lack of funding. The Parties
will not be assessed any penalty or damages if the Agreement is terminated due to
lack of funding.
SECTION 8
_REPORTING, ACCOUNTING _AND _AUDITING REQU_I_REMENT-S
8.1. Accounting and Records. The County agrees to establish and maintain accurate
and complete accounts, financial records and supporting documents relating to
the receipt and expenditure of the funds provided by the City in accordance with
this Agreement. Such accounts and records shall be kept and maintained by the
County for a minimum of six (6) years following expiration of this Agreement. City
shall have the right to inspect and copy such records. County agrees to make such
records available to City for inspection and copying during normal business hours.
8.2. Auditing. The books, records, documents and accounting procedures and
practices of the County that are relevant to this Agreement are subject to the
examination by the State Auditor for a minimum of six (6) years following
expiration of this Agreement.
SECTION 9
MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement
shall only be valid and binding when they have been reduced to writing, approved by the
Parties' respective governing boards, and signed by the Authorized Representative of the
City and the County.
P1
SECTION 10
MINNESOTA LAW TO GOVERN
The Agreement shall be governed by and construed in accordance with the substantive
and procedural law of the State of Minnesota, without giving effect to principles of
conflicts of law. All proceedings related to this Agreement shall be venued in the County
of Dakota, State of Minnesota.
SECTION 11
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.
SECTION 12
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 that are void,
invalid, or otherwise unenforceable substantially impairs the value or purpose of the
entire Agreement with respect to either party.
SECTION 13
SURVIVORSHIP
The following provisions under this Agreement survive the termination of this
Agreement: Section 4.4. (Acknowledgement), Section 5 (Indemnification), Section 8
(Reporting, Accounting and Auditing), Section 10 (Minnesota Law to Govern), and
Section 12 (Severability).
SECTION 14
FORCE MAJEURE
Neither party shall be liable to the other party for any loss or damage resulting from a
delay or failure to perform due to the unforeseeable acts or events outside the defaulting
party's reasonable control, providing the defaulting party gives notice to the other party
as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire,
flood, epidemic, acts of civil or military authority, and natural disasters.
0
SECTION 15
CONTRA PROFERENTEM DISCLAIMER
The parties agree that the contra proferentem principle of contract interpretation is not to
be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation
in this Agreement is not to be resolved strictly against the party that drafted the
Agreement, but instead is to be resolved in accordance with the most reasonable
construction. It is the intent of the parties that any dispute over the meaning or
application of the Agreement shall be construed fairly and reasonably, and neither more
strongly for nor against either party.
Date
Date
Approved by Dakota County
Regional Rail Authority Board
Date:
Resolution No.
Approved as to Form
By
Assistant County Attorney
Date of Signature
CITY OF EAGAN
By
Mike Maquire
Its: Mayor
By
Cheryl Stevenson
Its: Deputy Cleric
DAKOTA COUNTY REGIONAL
RAIL AUTHORITY
By
Liz Workman, Chair
Dakota County Regional Railroad Authority
KS16-395 RRA Cost Sharing JPA with Eagan for Transit Station Area Planning Services Q
7
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
CONSENT AGENDA
T. Approve Fiber Lease Agreement with MVTA for Blackhawk Park & Ride
Action To Be Considered:
Approve Fiber Lease Agreement with Metro Valley Transit Authority for Blackhawk Park
& Ride.
Facts:
➢ It is the mutual desire of the City of Eagan and the MVTA that the MVTA located
at 4565 Blackhawk Road, Eagan, MN 55122, be connected to the City's fiber
optic network for the purpose of enabling the MVTA to connected to the City's
high- speed _access_to_Dakota County's -W- estern-Service-Center. - -
➢ MVTA will pay the City $1,427.40 annually for a term of 20 years to lease a single
strand of fiber from the Blackhawk Park & Ride facility to Eagan City Hall.
➢ The total distance of leased fiber from Blackhawk Park & Ride to Eagan City Hall
is approximately 3.66 miles.
➢ MVTA will pay the City $2,000 for administrative & legal fees to setup this
connection.
➢ In addition, the MVTA will reimburse the City for the construction costs not to
exceed $15,000 to build a lateral from the intersection of Blackhawk Road and
Cliff Road to a network cabinet on the Blackhawk Park & Ride premise .
AccessEagan staff will coordinate the lateral build and maintain the connection
to the MVTA property line.
Attachments: (2)
CT -1 Fiber Lease Agreement
CT -2 Acceptable Use Exhibit
FIBER RENTAL AGREEMENT
This Fiber Rental Agreement ("Agreement") is made this 28'1' day of September, 2016 by
and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and
Minnesota Valley Transit Authority (hereinafter the "Customer"). (The City and Customer are
collectively hereinafter referred to as the "Parties.")
WHEREAS, the City has a fiber network known as "AccessEagan;" and
WHEREAS, Customer seeks to lease one strand of fiber from the City to connect to its
Blackhawk Park and Ride facility located at 4565 Blackhawk Road, Eagan, Minnesota 55122 (the
"Property"); and
WHEREAS, the City is willing to lease the fiber to Customer upon the terms and conditions
contained herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. LEASE OF FIBER, The City hereby leases to Customer one (1) strand of fiber
from the AccessEagan network. Customer shall work with the City's
Information Technology Manager to coordinate the access to the one (1)
strand of fiber.
2. TERM OF LEASE. This lease shall be for an initial term of twenty (20) years
commencing October 1, 2016, and terminating September 30, 2036.
3. LATERAL BUILD. The City will build a lateral feed to the Property from the
City's hand hole on the northwest corner of Cliff Road and Blackhawk Road
to the Property. The City will construct and pay for the lateral build.
Customer agrees to pay the actual, reasonable cost of the lateral build, not
to exceed Fifteen Thousand and no/100 Dollars ($15,000.00) ("Lateral
Build Cost"). Customer will reimburse the City for the Lateral Build Cost
after Customer is invoiced by the City and the work approved by
Customer's Authorized Representative:, pursuant to the Municipal Prompt
Payment Act, Minn. Stat. § 471.425.
4. MAINTENANCE OF LATERAL BUILD. The City will maintain the lateral build
from Blackhawk Road from the Intersection of Cliff Road and Blackhawk
Road to the point where the lateral build reaches the Property. Customer
shall be responsible for any maintenance of the Tiber on the Property.
LEASE RATE. The monthly lease rate shall be Thirty-two Dollars and 50/100
Dollars ($32.50) per mile (total of 3.66 miles), each month, for an annual
total of One Thousand Four Hundred Twenty-seven Dollars and 40/100
($1,427.40). The lease amount is payable in advance on or before October
1 of each year for the lease year of October 1 through September 30. The
lease rate shall be subject to annual increased based on the consumer price
index, Minneapolis/St. Paul Area, for previous July 1 through June 30, with
notice of the CPI -U increase submitted to Customer's Procurement and
Contract Manager no later than August 31 following.
6. ONE-TIME MANAGEMENT FEE. Customer shall pay to the City a one-time
management fee in the amount of Two Thousand and no/100 Dollars
($2,000.00) for the City's management of the lateral build within 30 days
of the execution of this Agreement.
7. USE or FIBER. Customer shall use the fiber consistent with the City's
Acceptable Use Policy, attached hereto and made a part of this Agreement
as Exhibit A.
NoN-ASSIGNMENT. All rights and obligations of the City and Customer
under this Agreement shall inure to the benefit of, and be binding upon, City
and Customer, and their respective successors.
Customer shall not assign, transfer, encumber, hypothecate or otherwise
dispose of any of Customer's right, title or interest in, or to, or under this
Agreement without the prior written consent of the City.
9. NOTICES. Any notice required or permitted under this Agreement shall be
in writing and shall be deemed to be given when and if sent by certified
mail, return receipt requested, postage prepaid, properly addressed as
follows, or such other address as may hereafter be designated in writing by
either of the Parties:
If to the City: City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
With a Copy to: Robert B. Bauer, Esq.
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
7300 West 147°i Street, Suite 600
Apple Valley, MN 55124
If to Customer: Minnesota Valley Transit Authority
3600 Black Hawk Road
Eagan, MN 55122
2
10. GOVERNING LAW. This Agreement shall be governed by and interpreted
under the laws of the State of Minnesota.
11. ENTIRE AGREEMENT. This is the entire agreement between the Parties hereto
relating to the subject matter hereof, and there are no other agreements,
representations, promises, warranties or consideration, neither express nor
implied, other than those expressly set forth herein. In entering into this
Agreement, neither party has relied upon any oral representations made or
any information given by the other party. No modification of this
Agreement shall be effective unless made in writing.
12. DAMAGE. Any darnage to the fiber caused by Customer's actions shall be
repaired by Customer, in a manner approved by the City's Consulting
Engineer. Customer shall be responsible for any and all costs incurred and
may retain its own contractor, with prior approval by the City, for the repair.
13. EVENTS OF DEFAULT AND REMEDIES. If Customer fails to pay any monies
due hereunder or fails to perforin any of the other terms, covenants,
conditions or obligations of this Agreement to -be-performed by Customer,
then in any such event, Customer shall be in default hereunder and the City
shall have the right, at its option, in addition to any other rights and remedies
it may have hereunder, or at law or in equity, or by statute or otherwise, to
terminate this Agreement as to all future rights of Customer and have,
regain, repossess and enjoy the fiber being rented hereunder.
a. Right of to Cure De„Lault The City may, at its option instead of
exercising any other rights or remedies available to it in this
Agreement or otherwise, spend such sums of money as is reasonably
necessary to cure any default of Customer herein, and the amount so
spent and cost incurred, including reasonable attorneys' fees, shall
be paid by Customer as additional rent upon demand.
b. Legal and Other Expenses. In the event suit is brought for recovery of
possession of the fiber, for the recovery of rent or any other amount
due under the provisions of this Agreement, or because of the breach
of any other covenant herein contained on the part of Customer to
be kept or performed, Customer shall pay the City all expenses
incurred, including reasonable attorneys' fees.
C. Cumulative Remedies. No remedy herein or elsewhere in this
Agreement or otherwise by law, statute, or equity conferred upon or
reserved by the City shall be exclusive of any other remedy, but shall
be cumulative, and may be exercised from time to time at often as
the occasion may arise.
d. Overdue Payments. All monies due hereunder from Customer to the
City shall be due on demand, unless otherwise specified, and if not
paid pursuant to the Municipal Prompt Payment Act. Minn. Stat.
471.425.
14. INDEMNIFICATION. For its negligent acts, Customer shall indemnify and
forever hold harmless the City from any liability, damage, loss or expense
relating to said matters and, at the Customer's expense, and -shall defend the
City against each and every claim, demand, or cause of action that may be
made against the City by reason of such acts of negligence.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first written above.
[SIGNATURE PAGES TO FOLLOW]
M
Signature Page to Fiber Rental Agreement
City's Signature Page
CITY:
City of Eagan,
a Minnesota municipal corporation
Mike Maguire
Its: Mayor
By:
Cheryl Stevenson
Its: Deputy City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this day of , 2016, by
Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
5
Signature Page to )Fiber Rental Agreement
Customer's Signature Page
Customer:
Minnesota Valley Transit Authority
By:
Vl l
Jon Uri h
Its: MV Board Chair
By:
Luther Wynder
Its: Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this#qday of 5C l(knhPr' , 2016, by
b� j�jv'C.1� NV14 �K FKP-v V) h4 f v , the ��� C j r" and Executive
Director ofknnesota Valley' ransit Authority.
RAOIN 1. SELVIQ `
'm Notary Public
Minnesota
Notary Public
en 3t
My Comm, Ex Tres Y
J 2020
THIS INSTRUMENT WAS DRAFTED BY:
Robert B. Bauer
Dougherty, Molenda, Solfest,
Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
on
EXHIBIT "A"
ACCEPTABLE USE POLICY
Acceptable Use Policy (AUP) for Qualified Providers of AccessEagan.
Provider may not use, and shall provide notice to its end users that they are prohibited from
using the AccessEagan Network to engage in, foster, or promote illegal, abusive, or
irresponsible behavior, including:
1.1. Illegal or unauthorized access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without express authorization of the City of Eagan.;
1.2. Malicious interference with service to any user of AccessEagan or other network
including, without limitation, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks;
1.3. Collecting or using email addresses, screen names or other identifiers without the
consent of the person identified (including, without limitation, phishing, Internet scamming,
password robbery, spidering, and harvesting);
1.4. Collecting or using AccessEagan information without the consent of the City of Eagan;
1.5. Use of any false, misleading, or deceptive TCP -IP packet header information in an e-
mail or a newsgroup posting;
1.6. Use of the Network to distribute software that covertly gathers information about a
user or covertly transmits information about the user;
1.7. Use of the Network for distribution of advertisement delivery software unless:
1.7.1. The user affirmatively consents to the download and installation of such software
based on a clear and conspicuous notice of the nature of the software, and
1.7.2. the software is easily removable by use of standard tools for such purpose included
on major operating systems; (such as Microsoft's "add/remove" tool); or
1.9. Any conduct that is likely to result in any server owned and/or maintained by
AccessEagan being the target of a denial of service(DoS) attack.
2. Provider must take reasonable security precautions as are standard in the industry in the
use of the AccessEagan Network.
3. Provider must comply with the CAN -SPAM Act of 2003 and other laws and regulations
applicable to bulk or commercial e-mail.
4. Provider may not attempt to probe, scan, penetrate or test the vulnerability of the
AccessEagan system or Network or to breach AccessEagan's security or authentication
measures, whether by passive or intrusive techniques, except with the express written consent
of the City of Eagan.
5. Provider must provide notice to users that use of Provider's services to transmit obscene
or offensive materials or to harass others is prohibited by federal law, may subject users to civil
and/or criminal liability and is punishable by fines and imprisonment. Provider shall notify
users of a mechanism by which they can report violations of any law, including obscenity and
child pornography laws. Provider shall also notify users that any violation of any law may
result in the immediate termination of their services. Provider shall immediately review and, if
necessary, terminate services to users who violate any State, federal or local law.
6. Provider may not and must provide notice to users that they may not use AccessEagan's
network or equipment to download, publish, distribute, or otherwise copy in any manner any
text, music, software, art, image, or other work protected by copyright law unless:
6.1. Provider or user is otherwise permitted by established United States copyright law to
copy the work in that manner.
7. Provider must comply with the Digital Millennium Copyright Act.
8. Consequences of Violation of this AUP
8.1. The City of Eagan may, with notice to Provider, suspend Provider's service or remove
any content transmitted via the AccessEagan network if the City of Eagan has knowledge that
Provider is in violation of this AUP. Provider shall reasonably cooperate with the City of
Eagan's reasonable investigation of any suspected violation of the AUP. The City of Eagan
will use best efforts to contact Provider prior to suspension of network access to Provider's
server(s); however, if prior notification cannot be given, it shall use best efforts to promptly
notify Provider following suspension of network access.
8.2. Provider is strictly responsible for the violation of this AUP due to its own actions or
omissions (but not including (i) violations by Provider's customers, (ii) unauthorized use of
Provider's service or (iii) violations resulting from City of Eagan's failure to perform its
obligations under the AccessEagan Broadband Network Agreement or a Service Level
Agreement).
9. Amendments to this AUP
9.1. The Internet is still evolving, and the ways in which the Internet may be abused are
also still evolving. Therefore, the City of Eagan may from time to time amend this AUP with
prior written notice to Provider in accordance with this Agreement to further detail or describe
reasonable of use of the AccessEagan Network.
10. Disclaimer
The City of Eagan and Provider are under no duty, and do not by this AUP undertake a
duty, to monitor or police their respective Providers or customers' activities, and disclaim any
responsibility for any misuse of by such Providers or customers.
11. Provider shall draft an acceptable use policy, to be accepted by each of its users
prior to user of the AccessEagan Network, that encompasses, at a minimum, the requirements
for users in the AUP.
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
PUBLIC HEARING
A. MV Eagan — Viking Lakes
Easement Vacation
Action To Be Considered:
Approve the vacation of public drainage and utility easements located within the MV
Eagan development in northeast Eagan (proposed Viking Lakes), and authorize the
Mayor and Deputy City Clerk to execute all related documents.
Facts:
➢ On August 30, 2016, City staff received a petition from Mark Wilf, President, MV
Eagan Ventures, LLC, the property owner, requesting the vacation of existing
public right-of-way and drainage and utility easements on multiple properties
included -within the --proposed- planned development -project- known as -Viking-
Lakes located south of O'Neill Drive and west of Ames Crossing Road, in
northeastern Eagan.
➢ The purpose of this request is to allow the recording of a final plat of the
properties (Viking Lakes) for a proposed mixed-use development. The vacation
of the public right-of-way and easements would clean up the proposed plat by
avoiding any underlying recorded dedications.
➢ The request would vacate all of the public right-of-way, drainage and utility and
temporary construction easements within the proposed development.
➢ The new final plat, Viking Lakes, will dedicate public right-of-way and drainage
and utility easements that will adequately address the public streets and
drainage and utility purposes for the new development, as well as existing
infrastructure and conditions. The proposed plat is scheduled for Council
consideration at a future Council meeting.
➢ Notices for a public hearing have been published in the legal newspaper and sent
to all potentially affected and/or interested parties for comment prior to the
public hearing. No objections have been received to date.
➢ This vacation request has been reviewed by the Public Works Department
(Engineering Division) staff and found to be in order for favorable Council action.
Attachments (2)
PHA -1 Location Map
PHA -2 Vacation Areas Exhibit
NORTHEAST EAGAN EASEMENT VACATION EXHIBIT
Vacation Area 1
Drainage and utility easements shown and dedicated in the plat of Lone Oak recorded May 24, 1985,
as Document No. 688442.
Vacation Area 2
Drainage and utility easements, including wetlands, as shown and dedicated in the plat of Lone Oak
Second Addition recorded September 30, 1987, as Document No. 808352, except as partially vacated
as evidenced by Notice dated October 3, 1989, recorded December 15, 1989, as Document No.
917057.
Vacation Area 3
Easements for drainage and utility purposes, including wetlands, as shown on the recorded plat of
Lone Oak Third Addition, recorded November 23, 2011, as Document No. 2832468.
Vacation Area 4
Utility and drainage easements, as shown on the plat of Lone Oak Second Addition, as partially
vacated by the Notice of Completion by the City of Eagan, recorded December 15, 1989, as
cu
Doment No. 917057-. - - --- - - - -
Vacation Area 5
Easement for drainage and utility purposes in favor of the City of Eagan, as contained in the
Drainage and Utility Easement, dated September 8, 1989, recorded September 26, 2989, as
Document No. 905742.
Vacation Area 6
Easement for street, utility, drainage and construction purposes, excepting therefrom the
Temporary Easement, in favor of the City of Eagan, as contained in the Right -of -Way, Drainage
and Utility and Temporary Construction Easement, dated May 17, 2011, recorded June 2, 2011,
as Document No. 2803549.
Vacation Area 7
Easements for utility and drainage purposes shown and dedicated on the Plat of Lone Oak,
recorded May 24, 1985, as Document No. 688442.
Vacation Area 8
Easements for utility and drainage purposes as shown and dedicated on the Plat of Novus
Addition, recorded July 17, 2007, as Document No. 2530679.
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
PUBLIC HEARING
B. Project 1203, Mallard Park 2nd Addition
Final Assessment Hearing
Action To Be Considered:
Approve the Final Assessment Roll for Project 1203 (Mallard Park 2nd Addition - Street
Improvements) and authorize its certification to Dakota County for collection.
Facts:
➢ Project 1203 provided the resurfacing of approximately 1,775 feet of residential street
within the Mallard Park neighborhood in southwest Eagan, as part of Contract 16-01.
➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with
a_ public _hearing scheduled for _October _4, 20.16, _to formally_ present -the _final costs
associated with this public improvement to the affected benefitting properties.
➢ The final assessments for the assessable properties are approximately 26% less than the
estimate contained in the feasibility report presented at the public hearing held on
January 5, 2016.
➢ All notices have been published in the legal newspaper and sent to the affected
property owners informing them of this public hearing. An informational meeting was
held on September 26 to address all property owners' questions or concerns and
provide any additional information of interest. Of the 39 residential properties being
assessed, no one attended the meeting.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
PUBLIC HEARING
C. Project 1196, Cedar Grove 3rd Addition
Final Assessment Hearing
Action To Be Considered:
Approve the Final Assessment Roll for Project 1196 (Cedar Grove 3rd Addition - Street
Improvements) and authorize its certification to Dakota County for collection.
Facts:
➢ Project 1196 provided the resurfacing of approximately 8,795 feet of residential streets
within the Cedar Grove 3rd Addition in west -central Eagan, as part of Contract 16-01.
➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with
a public hearing --scheduled for October 4, 2016,--to-formally -present the final --costs
associated with this public improvement to the affected benefitting properties.
➢ The final assessments for the assessable properties are approximately 27% less than the
estimate contained in the feasibility report presented at the public hearing held on
January 5, 2016.
All notices have been published in the legal newspaper and sent to the affected
property owners informing them of this public hearing. An informational meeting was
held on September 26 to address all property owners' questions or concerns and
provide any additional information of interest. Of the 169 residential properties being
assessed, no one attended the meeting.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
PUBLIC HEARING
D. Project 1193, Denmark Avenue, Timbershore Additions, Pilot Knob Heights Additions
Final Assessment Hearing
Action To Be Considered:
Approve the Final Assessment Roll for Project 1193 (Denmark Avenue, Timbershore Additions,
Pilot Knob Heights Additions - Street Improvements) and authorize its certification to Dakota
County for collection.
Facts:
➢ Project 1193 provided the resurfacing of approximately 6,250 feet on all residential/
collector streets, in central Eagan, as part of Contract 16-01.
➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with
a public hearing scheduled for October 4, 2016, to formally present the final costs
associated with this public improvement to the affected benefitting properties.
➢ The final assessments for the assessable properties are approximately 27% less than the
estimate contained in the feasibility report presented at the public hearing held on
January 19, 2016. .
➢ All notices have been published in the legal newspaper and sent to the affected
property owners informing them of this public hearing. An informational meeting was
held on September 26 to address all property owners' questions or concerns and
provide any additional information of interest. Of the 224 residential properties being
assessed, no one attended the meeting.
Attachments (0)
Agenda Information Memo
October 4, 2016 Eagan City Council Meeting
PUBLIC HEARING
E. Project 1192, Johnny Cake Ridge Road (Cliff Road to Teal Cove)
Final Assessment Hearing
Action To Be Considered:
Approve the Final Assessment Roll for Project 1192 (Johnny Cake Ridge Road (Cliff Road to Teal
Cove) - Street Improvements) and authorize its certification to Dakota County for collection.
Facts:
➢ Project 1192 provided the resurfacing of approximately 3,230 feet of Johnny Cake Ridge
Road, a collector roadway in southwest Eagan, as part of Contract 16-01.
➢ The Final Assessment Roll was presented to the City Council on September 6, 2016, with
a public hearing scheduled for October 4,_2016, to formally_ present the final costs
associated with this public improvement to the affected benefitting properties.
➢ The final assessments for the assessable properties are approximately 34% less than the
estimate contained in the feasibility report presented at the public hearing held on
January 5, 2016.
➢ All notices have been published in the legal newspaper and sent to the affected
property owners informing them of this public hearing. An informational meeting was
held on September 26 to address all property owners' questions or concerns and
provide any additional information of interest. Of the 28 residential properties being
assessed, no one attended the meeting.
Attachments (0)