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11-18-2024 City Council Agenda and PacketA.5:30 P.M. - WORK SESSION Note: Unless otherwise noted, work sessions are held in the Fountain Conference Room in the lower level of City Hall and are open to the public. If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. Public comment is not allowed at the Work Session. A.1 Presentation of Preliminary 2025 Utility Fund Budgets and 2025-2029 CIP A.2 Discuss amending the city's zoning ordinance regarding conditional uses in the Rural Residential (RR) and Agricultural Estate (A-2) zoning districts related to Group Homes serving 7 to 16 persons. A.3 Chanhassen Bluffs Community Center B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS C.1 Farewell and Thank You: Lt. Lance Pearce, CCSO D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. D.1 Approve City Council Minutes dated October 28, 2024 D.2 Receive Commission on Aging Minutes dated September 20, 2024 D.3 Receive Planning Commission Minutes dated September 17, 2024 D.4 Receive Park and Recreation Commission Minutes dated September 24, 2024 AGENDA CHANHASSEN CITY COUNCIL MONDAY, NOVEMBER 18, 2024 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 D.5 Approve Claims Paid dated November 18, 2024 D.6 Adopt 2025 City Meeting Schedule D.7 Adopt AI Policy D.8 Award Contract for Lobbying Services to Lockridge Grindal Nauen D.9 Approve an Encroachment Agreement between the City of Chanhassen and the property owner at 1500 Pembroke Pass D.10 Approval of Microsoft Office365 License Renewal D.11 Public Works Fuel Canopy E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). F.PUBLIC HEARINGS F.1 Resolution 2024-XX: Conduct Public Improvement Hearing and Authorize Preparation of Plans and Specifications for the Crimson Bay Road Improvement Project F.2 Resolution 2024-XX: Approve Vacation of Public Drainage and Utility Easements within Lot 1 and Lot 2, Block 1 Rook Place (6630 and 6660 Horseshoe Curve) G.GENERAL BUSINESS H.COUNCIL PRESENTATIONS I.ADMINISTRATIVE PRESENTATIONS I.1 Receive the Third Quarter 2024 Economic Development Activity Report J.CORRESPONDENCE DISCUSSION K.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.chanhassenmn.gov/action or paper forms are available in the city council chambers prior to the meeting. A total of thirty minutes is alloted for Visitor Presentations. Priority is given to Chanhassen 2 residents. An additional thirty minutes may be provided after General Business items are complete at the discretion of the City Council. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. Comments may also be emailed to the City Council at council@chanhassenmn.gov. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 City Council Item November 18, 2024 Item Presentation of Preliminary 2025 Utility Fund Budgets and 2025-2029 CIP File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kelly Grinnell, Finance Director Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority Financial Sustainability SUMMARY Staff will review a draft of the 2025-2029 Capital Improvement Plan (with 2030-2034 also projected) and corresponding projections for the various capital funds. The budgets for the Utility Funds will also be reviewed. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 4 ATTACHMENTS Memo - Council Workshop UF Budgets CIP 2024 Chanhassen City Council Work Session Finance Presentation Chanhassen Wetland Bank Memo 5 Date: November 18, 2024 To: Mayor and Council Members From: Kelly Grinnell, Finance Director Re: 2025 Preliminary Utility Fund Budgets and 2025-2029 Capital Improvement Plan Preliminary 202 5 Utility Fund Budgets Each year the City Council adopts budgets for the three utility funds: Water, Sewer, and Storm Water. The adopted budgets include utility billing and connection fee revenue . On the expense side, they cover operating, debt service, and capital expenses. Utility funds are enterprise funds and are operated like a business, where service charges are designed to cover the costs of operating and maintaining each utility. Property tax dollars are not used to subsidize these funds. 2022 Utility Rate Study At the January 23, 2023, Council meeting, the Council approved 2023 rates for the Water, Sewer, and Storm Water Funds based on the rate study results, which incorporated projected operating, capital, and debt service revenues and expenses. The rate study included rate projections for the years 2024-2032. The projected rates for both utility billing and connection fees were designed to generate revenue adequate to cover projected operating, debt service, and capital expenses through 2032. The increases accommodate the City’s commitment to funding street reconstruction projects, expanding and maintaining the systems, and maintaining adequate cash reserves. The table below shows the rate increase projections each year: Fund 2023 2024 2025 2026 2027 2028 2029 2030-2032 Water 5% 5% 5% 5% 5% 5% 5% 5% Sewer 8.5% 8.5% 8.5% 8.5% 8.5% 8.5% 8.5% 8.5% Storm Water 15% 15% 15% 14% 8.25% 8.25% 8.25% 5% The table below shows utility rates for 2024 and what is proposed for 2025 based on the rate study: Utility Rates 2024 Rate 2025 Rate Water Rates Residential/Irrigation Minimum Charge Per Month $5.82 $6.11 0 - 5,000 gallons Per 1,000 gallons $2.55 $2.68 5,001-10,000 gallons Per 1,000 gallons $3.94 $4.13 10,001-20,000 gallons Per 1,000 gallons $4.67 $4.91 20,001-30,000 gallons Per 1,000 gallons $5.22 $5.48 30,001 + gallons Per 1,000 gallons $6.37 $6.69 6 2 Utility Rates 2024 Rate 2025 Rate Commercial/Industrial Minimum Charge Per Month $5.82 $6.11 0 - 17,000 gallons Per 1,000 gallons $2.55 $2.68 17,001-33,000 gallons Per 1,000 gallons $3.94 $4.13 33,001-50,000 gallons Per 1,000 gallons $4.67 $4.91 50,001 + gallons Per 1,000 gallons $5.22 $5.48 Multi-Family Properties Minimum Charge Per Month $5.82 $6.11 0 - 17,000 gallons Per 1,000 gallons $3.29 $3.45 Bulk Water All usage Per 1,000 gallons $8.23 $8.64 Sewer Rates Minimum Charge 6,000-gallon minimum $14.42 $15.26 Residential (based on winter average) Per 1,000 gallons over 6,000 gallons $7.03 $7.63 Commercial/Industrial (based on actual usage) Per 1,000 gallons over 6,000 gallons $7.03 $7.63 Storm Water Rates Single-Family, Rural Residential, Agricultural, & Undeveloped Per month $9.94 $11.43 Other Property Types Per month, multiplied by the utility factor per acre: $19.34 $22.24 Medium Density Residential 2.22 High-Density Residential, Industrial, Office, Institutions 3.30 Business/Commercial 4.23 Parks, Cemeteries, Golf Courses, Arboretum 0.46 Parking Lots as a Principal Use 6.14 The table below shows connection fees for 2024 and what is proposed for 2025: Connection Fees 2024 Rate 2025 Rate Water & Sewer Hookup Fees Water Fees are per unit. Parcels previously assessed for trunk hook-up fees are exempt. Does not apply to parcels in the Lake Ann Sewer District. $9,190 $9,510 Water-Reduced Rate (if 30% was paid at the time of final subdivision approval) $6,440 $6,670 Sewer $2,480 $2,570 Sewer-Reduced Rate (if 30% was paid at the time of final subdivision approval) $1,730 $1,790 Water & Sewer Lateral Connection Charge 7 3 Connection Fees 2024 Rate 2025 Rate Water $11,350 $11,750 Sewer $8,590 $8,890 Surface Water Development Fees Per acre Parks/Open Space $5,430 $5,650 Single Family Residential $9,550 $9,930 Medium Density Residential $11,460 $11,920 Townhouse/Apartments/ High- Density Residential $17,160 $17,850 Industrial $24,770 $25,760 Commercial $36,190 $37,640 The proposed rate increases for 2025 have been incorporated into the preliminary utility fund budgets. Most of the assumptions used for the rate study are unchanged, so the long -term financial stability for each fund looks good however staff is recommending a few changes. These proposed changes are addressed in the draft budgets below. Preliminary 202 5 Water Fund Budget The following table compares Water Fund revenues from the 2024 adopted budget to the preliminary 2025 budget: Revenue 2024 Adopted Budget 2025 Preliminary Budget $ Change % Change Charges for Service $4,600,000 $4,830,000 $230,000 5.0% Other Operating Revenues $122,000 $133,000 $11,000 9.0% Nonoperating Revenues $145,000 $165,000 $20,000 13.8% Connection Charges $3,933,009 $1,600,417 $-2,332,592 -59.3% Bond Proceeds $- $- $- - Total Revenues $8,800,009 $6,728,417 $-2,071,592 -23.5% Charges for service are increasing by 5.0%, due to the 5% rate increase. The amount budgeted for connection charges is based on the utility rate study, however staff has changed the timing of receipt for connection fees from the Avienda development. The city budgeted a significant amount for connection fees in 2024 based on projected timing of the Avienda development. That development has taken longer than expected, so staff has adjusted the connection fees and spread them out over the next ten years. If connection fees continue to come in significantly below budget the City has the option to issue bonds for capital expenses. The following table compares Water Fund expenses from the 2024 adopted budget to the preliminary 2025 budget: Expense 2024 Adopted Budget 2025 Preliminary Budget $ Change % Change Wages & Benefits $1,142,718 $1,218,970 $76,252 6.7% Operating Expenses $1,767,600 $1,733,745 $-33,855 -1.9% Debt Service $2,046,538 $2,047,988 $1,450 0.1% 8 4 Capital Expenses $2,489,055 $2,869,404 $380,349 15.3% Total Expenses $7,445,911 $7,870,107 $434,196 5.7% Wages and benefits are increasing by 6.7% over 2024. The increase is largely due to staff wage increases for COLA and step increases. Operating expenses are decreasing by 1.9%, due to small decreases for items such as chemicals and meter replacements. The table below shows projected Water Fund CIP items for 2025-2029: Water Fund CIP 2025 CIP 2026 CIP 2027 CIP 2028 CIP 2029 CIP Leased Vehicles $52,704 $59,999 $60,968 $64,581 $65,207 Vehicles $- $- $145,000 $205,000 $- Equipment $37,700 $21,300 $19,359 $34,932 $83,681 Facilities $99,000 $90,680 $88,250 $90,898 $94,534 Utility Improvements $140,000 $480,000 $95,000 $395,000 $2,932,500 Utility Portion of Street Imp $2,540,000 $1,040,000 $1,151,000 $975,000 $700,000 Total $2,869,404 $1,691,979 $1,559,577 $1,765,411 $3,875,922 The largest CIP item each year is for the utility portion of street improvements. The CIP for the Pavement Management Program (PMP) Fund shows the non-utility portion of the street improvements. Bonds may be issued to fund the utility portion of these projects if needed. Preliminary 202 5 Sewer Fund Budget The following table compares Sewer Fund revenues for the 2024 adopted budget to the preliminary 2025 budget: Revenue 2024 Adopted Budget 2025 Preliminary Budget $ Change % Change Charges for Service $4,325,000 $4,592,000 $267,000 6.2% Other Operating Revenues $96,500 $100,000 $3,500 3.6% Nonoperating Revenues $140,000 $160,000 $20,000 14.3% Connection Charges $1,052,568 $421,070 $-631,498 -60.0% Bond Proceeds $- $- $- - Total Revenues $5,614,068 $5,273,070 $-340,998 -6.1% Charges for service are increasing by 6.2%, due to the 8.5% rate increase but with a slight decrease in consumption. The amount budgeted for connection charges is based on the utility rate study, however staff has changed the timing of receipt for connection fees from the Avienda development. The city budgeted a significant amount for connection fees in 2024 based on projected timing of the Avienda development. That development has taken longer than expected, so staff has adjusted the connection fees and spread them out over the next ten years. If connection fees continue to come in significantly below budget the City has the option to issue bonds for capital expenses. The following table compares Sewer Fund expenses from the 2024 adopted budget to the preliminary 2025 budget: Expense 2024 Adopted Budget 2025 Preliminary Budget $ Change % Change Wages & Benefits $901,819 $950,601 $48,782 5.4% Operating Expenses $559,100 $581,295 $22,195 4.0% Met Council Env Services $3,010,269 $3,140,488 $130,219 4.3% 9 5 Debt Service $197,225 $197,200 $-25 0.0% Capital Expenses $2,367,055 $1,828,904 $-538,151 -22.7% Total Expenses $7,035,468 $6,698,488 $-336,980 -4.8% Wages and benefits are increasing by 5.4% over 2024. The increase is due to wage increases for COLA and step adjustments. The Met Council Environmental Services charge for 2025 is $3,140,488, up 4.3% over 2024. This charge alone represents 47% of the total budget and 65% of the budget for operations (wages, benefits, operating expenses, and MCES). The table below shows projected Sewer Fund CIP items for 2025-2029: Sewer Fund CIP 2025 CIP 2026 CIP 2027 CIP 2028 CIP 2029 CIP Leased Vehicles $52,704 $58,905 $60,968 $64,581 $65,207 Vehicles $- $- $435,000 $205,000 $- Equipment $44,200 $41,300 $19,359 $34,932 $83,681 Facilities $15,000 $5,000 $- $- $- Inflow & Infiltration Abatement $230,000 $234,600 $241,638 $248,887 $258,843 Lift Station Rehab $105,000 $110,000 $115,000 $120,000 $125,000 Utility Improvements $150,000 $- $25,000 $- $- Utility Portion of Street Imp $1,232,000 $850,000 $877,000 $675,000 $13,297,500 Total $1,828,904 $1,299,805 $1,773,965 $1,348,400 $13,830,231 The largest CIP item for most years is for the utility portion of street improvements. The CIP for the PMP Fund shows the non-utility portion of the street improvements. Bonds may be issued to fund the utility portion of these projects if needed. The 2029 CIP includes $11,330,000 for the Lower Bluff Creek Trunk Utility Improvements; however, $5,665,000 of this would be paid from developers. The 2029 CIP also includes $4,400,000 for the 2010 MUSA Sanitary Sewer Lift Station, with $2,900,000 to be paid from developers. Both projects are dependent on development and will not occur until warranted. Preliminary 202 5 Storm Water Fund Budget The following table compares Storm Water Fund revenues for the 2024 adopted budget to the preliminary 2025 budget: Revenue 2024 Adopted Budget 2025 Preliminary Budget $ Change % Change Charges for Service $2,030,000 $2,335,000 $305,000 15.0% Other Operating Revenues $41,300 $35,000 $-6,300 -15.3% Grants & Investment Income $8,000 $1,123,000 $1,115,000 40,375% Connection Charges $260,000 $127,000 $-133,000 -51.2% Bond Proceeds or Interfund Loan $3,130,000 $4,000,000 $870,000 27.8% Sale of Wetland Bank Credits $- $1,000,000 $1,000,000 - Total Revenues $5,469,300 $8,620,000 $3,150,700 57.6% Charges for service are increasing by 15.0%, due to the rate increase. The amount budgeted for connection charges comes from the utility rate study and the increase is due to projected connection fees from the Avienda development. The City plans to issue interfund loans from the Water and/or Sewer Funds to cover capital expenses of this fund. 10 6 The following table compares Storm Water Fund expenses from the 2024 adopted budget to the preliminary 2025 budget: Expense 2024 Adopted Budget 2025 Preliminary Budget $ Change % Change Wages & Benefits $1,017,651 $1,080,370 $62,719 6.2% Operating Expenses $519,674 $365,015 $-154,659 -29.8% Debt Service $143,410 $144,735 $1,325 0.9% Capital Expenses $3,730,000 $6,412,100 $2,682,100 71.9% Total Expenses $5,410,735 $8,002,220 $2,591,485 47.9% Wages and benefits are increasing by 6.2% over 2024. The increase is due to wage increases for COLA and step adjustments. Operating expenses are decreasing by 29.8%, largely due to a shift of forestry expenses to the General Fund. The table below shows projected Storm Water Fund CIP items for 2025-2029: SW Fund CIP 2025 CIP 2026 CIP 2027 CIP 2028 CIP 2029 CIP Equipment $30,100 $9,500 $7,200 $33,400 $7,600 Facilities $15,000 $5,000 $- $- $- Utility Improvements $1,370,000 $60,000 $500,000 $120,000 $- SW Pond Improvements $525,000 $535,500 $551,565 $568,112 $590,836 Utility Portion of Street Imp $4,472,000 $2,230,000 $2,350,000 $1,310,000 $1,000,000 Total $6,412,100 $2,840,000 $3,408,765 $2,031,512 $1,598,436 The largest CIP item for most years is for the utility portion of street improvements. The CIP for the PMP Fund shows the non-utility portion of the street improvements. The city will likely use interfund loans to fund the storm water utility portion of some street projects. The amount needed for the street projects declines in future years as the city shifts to reclaims and mill and overlay projects versus full street reconstruction. Updated Utility Rate Projections Given the large capital projects planned, staff recommends some changes to the rate increases planned from the utility rate study. Staff believes the planned rate increases for the sewer fund should be kept in place. Staff recommends lower planned rate increases for the water fund and higher rate increases for the storm water fund. The table below shows the utility rate study planned rate increases with staff recommendations in red below: Fund 2023 2024 2025 2026 2027 2028 2029 2030-2032 Water 5% 5% 5% 5% 5% 4.5% 5% 4.5% 5% 4.0% 5% 4.0% in 2030, 3.5% in 2031-32 Sewer 8.5% 8.5% 8.5% 8.5% 8.5% 8.5% 8.5% 8.5% Storm Water 15% 15% 15% 14% 15% 8.25% 15% 8.25% 15% 8.25% 12% 5% 10% Preliminary 202 5 -202 9 Capital Improvement Plan (CIP) for Governmental Funds Each year the City Council adopts a five-year CIP. The CIP items for the utility funds were already covered. The 2025 items in the CIP for governmental funds have also been included in the budgets 11 7 for each fund. The Council will still approve each item for 2025 before the purchase or project starts. The 2026-2029 items in the CIP are adopted conceptually. Vehicle and Equipment F und The 5-year financial forecast for this fund shows that the planned purchases for 2025 through 2029 can be supported given the planned property tax levy and fund balance. The City began leasing light-duty trucks and other vehicles through Enterprise in 2022. Lease payments on the vehicles are included in the CIP for this fund. The City is gradually leasing more vehicles, so lease payments range from $358,000 in 2025 to $451,000 in 2034. The City currently has 19 dump trucks and plans to replace one each year on an indefinite basis. Other Public Works items include replacing several trailers, other equipment purchases/replacements, and replacement of the bucket truck for $215,000 in 2025. Park vehicle and equipment purchases include the replacement of several tractors and mowers, replacement of the one-ton dump truck for $98,000 in 2025, and other pieces of equipment. Fire Department items include SCBA bottle replacement for $84,000 in 2027 and replacement of the response boat for $100,000 in 2028. The City plans to use Public Safety Aid funding for these purchases. The other significant item for the Fire Department is the purchase of a replacement engine in 2029. This engine is estimated to cost $1.6 million and would likely be funded through a lease purchase agreement over ten years with repayments of about $213,000 annually. This first payment installment is included in the 2029 CIP. IT Capital purchases are also accounted for in this fund. Items include replacement of network servers, switches, SAN, and firewalls. The table below shows revenues, expenditures, other funding sources/uses, net change in fund balance, and ending fund balance for 2025 through 2029: Vehicle/Equipment Fund 2025 2026 2027 2028 2029 Total Revenues $731,153 $745,303 $765,389 $833,011 $917,432 Total Expenditures $-1,360,979 $-1,313,629 $-1,082,492 $-1,035,985 $-1,246,505 Total Other Financing Sources/(Uses) $239,835 $240,717 $158,568 $497,668 $229,363 Net Change in Fund Balance $-389,991 $-327,609 $-158,535 $294,694 $-99,710 Ending Fund Balance $1,353,559 $1,025,950 $867,415 $1,162,109 $1,062,399 Due to the fire engine repayment, staff has increased the projected levy for this fund to remain solvent. The table below shows levy projections from last year compared to the current projections: Levy Projection 2025 2026 2027 2028 2029 Last Year’s Projection $678,000 $678,000 $705,000 $733,000 This Year’s Projection $705,000 $725,000 $750,000 $820,000 $900,000 12 8 Increase $27,000 $47,000 $45,000 $87,000 N/A The increase in the levy was offset by reductions in the levies of other funds in order to not increase the overall levy projections. Staff prepared CIP estimates for this fund through 2034. Levy increases of approximately $100,000 per year are programmed. Given this level of funding, there is adequate funding for the estimated replacements. Capital Facilities Fund The 5-year financial forecast for this fund shows that the planned projects for 2025 through 2029 can be supported given the planned property tax levy and fund balance. Several maintenance items were identified in the facilities analysis study that are included in a deferred maintenance allowance. These items will be completed as funding levels allow. Public Works items for 2025 include replacing the canvas cover for the salt shed for $42,000 and drain trench repairs for $25,000. Public Safety items include civil defense siren upgrades for $15,000 in 2025. Rec Center items include equipment replacement for 2025 for $30,000 and for 2026 for $15,000. Library boiler replacements are scheduled for 2027 at $100,000. The table below shows revenues, expenditures, other funding sources/uses, net change in fund balance, and ending fund balance for 2025 through 2029: Capital Facilities Fund 2025 2026 2027 2028 2029 Total Revenues $172,900 $173,000 $181,400 $219,400 $228,800 Total Expenditures $-172,000 $-75,000 $-185,000 $-190,000 $-225,000 Net Change in Fund Balance $900 $98,000 $-3,600 $29,400 $3,800 Ending Fund Balance $197,434 $291,834 $291,834 $321,234 $325,034 The projected levies for this fund are comparable to what was projected last year and the long-term financial outlook for this fund is stable. Transportation Infrastructure Management (TIM) Fund The CIP items for this fund include ADA transition plan improvements, traffic safety improvements, and trail/parking lot repairs and rehab. The Council increased the funding level for trail and parking lot repairs/rehab in 2023. The levy projections for this fund are comparable to what was projected last year. The table below shows revenues, expenditures, other funding sources/uses, net change in fund balance, and ending fund balance for 2025 through 2029: TIM Fund 2025 2026 2027 2028 2029 Total Revenues $264,900 $259,800 $265,500 $273,300 $282,900 Expenditures Trai/Parking Lot Repair/Rehab $230,000 $230,000 $230,000 $240,000 $250,000 Traffic Safety Improvements $31,000 $32,000 $33,000 $34,0000 $35,000 13 9 TIM Fund 2025 2026 2027 2028 2029 ADA Transition Plan Improvements $20,000 $20,000 $20,000 $20,000 $20,000 Lake Ann Park Beach Improvements $- $90,000 $- $- $- Total Expenditures $281,000 $372,000 $283,000 $294,000 $305,000 Net Change in Fund Balance $-16,100 $-112,200 $-17,500 $-20,700 $-22,100 Ending Fund Balance $775,640 $663,440 $645,940 $625,240 $603,140 Pavement Management Plan (PMP) Fund The PMP Fund is the City’s largest capital fund. The City has several road construction and reconstruction projects planned for 2025-2029 and there is currently adequate funding for most of the street portion of all the projects. The one exception is the Pleasantview Road project. The City is pursuing grant funds for this project. Funding for the utility portions of these projects comes from the utility funds. The table below shows revenues, expenditures, other funding sources/uses, net change in fund balance, and ending fund balance for 2025 through 2029: PMP Fund 2025 2026 2027 2028 2029 Revenues Property Taxes $1,000,000 $820,000 $1,040,000 $1,082,000 $1,125,000 Franchise Fees $1,931,000 $1,950,000 $1,970,000 $1,990,000 $2,010,000 Municipal State Aid $1,470,395 $1,514,507 $1,559,942 $1,606,740 $1,654,943 Other Intergovernmental Aid $3,684,176 $76,401 $78,693 $3,306,054 $3,308,486 Other Revenue $483,248 $475,435 $388,357 $397,414 $385,501 Total Revenues $8,568,819 $4,836,343 $5,036,993 $8,382,208 $8,483,929 Expenditures Annual Street Reconstruction $4,930,000 $4,835,000 $5,025,000 $4,795,000 $5,300,000 Hwy 5 Imp (City portion) $750,000 $- $- $- $- Pleasantview Rd $- $- $- $6,625,000 $6,625,000 MMSW Roundabout $2,950,000 $- $- $- $- Crimson Bay/Dogwood Rd $1,680,000 $- $- $- $- Lake Drive East/Great Plains $- $750,000 $- $- $- Market Blvd $6,221,000 $- $- $- $- Bluff Creek Blvd $90,000 $90,000 $90,000 $90,000 $- Lyman Blvd $111,108 $- $- $- $- Total Expenditures $16,732,108 $5,675,000 $5,115,000 $11,510,000 $11,925,000 Total Other Financing Sources – Special Assessments/TIF $5,929,400 $2,185,000 $2,010,000 $3,070,000 $3,270,000 Net Change in Fund Balance $-2,233,889 $1,346,343 $1,931,993 $-57,792 $-171,071 Ending Fund Balance $931,641 $2,277,984 $4,209,977 $4,152,185 $3,981,114 14 10 Preliminary Levy Projections The table below shows levy projections for the next several years. Levies for the capital funds are highlighted in green. Fund 2025 Preliminary 2026 Projected 2027 Projected 2028 Projected 2029 Projected General $12,270,000 $12,761,000 $13,271,000 $13,802,000 $14,354,000 Fleet & Equipment 705,000 725,000 750,000 820,000 900,000 Facilities 170,000 170,000 177,000 215,000 224,000 Pavement Management Program 1,000,000 820,000 1,040,000 1,082,000 1,125,000 Transportation Infrastructure Management 240,000 240,000 250,000 260,000 270,000 Park Renovation Fund - - - - 100,000 Public Works Facility Debt Service 190,000 369,000 451,000 497,000 410,000 Civic Campus Debt Service 875,000 1,464,000 1,789,000 1,782,000 1,785,000 Chan Bluffs Comm Ctr Debt Service - - - 400,000 900,000 TOTAL $15,450,000 $16,549,000 $17,728,000 $18,858,000 $20,068,000 $ Levy Increase from PY $995,000 $1,099,000 $1,179,000 $1,130,000 $1,210,000 % Levy Increase from PY 6.9% 7.1% 7.1% 6.4% 6.4% There is currently a potential to reduce the levy and/or reallocate a portion of the levy to the Park Renovation Fund. There is currently a General Fund budget surplus of $76,000, a contingency for open enrollment of $40,000, and $40,000 budgeted for lifeguards. Open enrollment ends on November 22, 2024, but as of now there have not been significant changes, so the contingency may not be needed. Staff recommends reducing the General Fund levy by $156,000 and adding a levy for Park Renovation for that amount. There are two additional items to decide on: hiring a FTE Parks Maintenance Operator mid-year for $50,000 and a $25,000 contingency line item. Staff recommends keeping these two items. Park Renovation Fund The Park Renovation Fund does not have a dedicated funding source. There is currently about $120,000 in this fund. Prior projects have been funded from the General Fund as fund balance permits. There is only one project in the 2025-2029 CIP for this fund given the limited funding source and fund balance. There is $30,000 in the CIP for Lake Ann Park irrigation pumps in 2027. As mentioned earlier, this fund does not have a dedicated funding source but does have several pending projects that are not included in the CIP. In prior years the Council has included transfers from the General Fund based on available fund balance. The schedule below shows the unfunded projects that staff recommends should funding become available: 15 11 Year Location Total 2025 Pickleball Court Resurfacing (Rec Center) $50,000 Bandimere Park Ballfield Reconstruction $75,000 Carver Beach Park Playground $115,000 Total $240,000 2026 Lake Ann Park Playground (Ballfield) $400,000 Total $400,000 2027 Bandimere Park Playground (Main/large) $400,000 Total $400,000 2028 Bandimere Park backstop replacement $175,000 Backstops for Meadow Green/Rice Marsh/Carver Beach $60,000 Dock Replacement (South Lotus Boat Landing) $25,000 Total $260,000 2029 Roundhouse Park Pickleball/Tennis Court resurfacing $100,000 Total $100,000 Total 2025-2029 $1,400,000 If the council were to start the levy in 2025 for $156,000 Park Renovation the projects would have a funding shortfall as listed below: Park Renovation Fund 2025 2026 2027 2028 2029 Property Tax Levy $156,000 $162,000 $169,000 $175,000 $282,000 Projects $240,000 $400,000 $400,000 $260,000 $100,000 Ending Fund Balance $6,000 $-232,000 $-463,000 $-548,000 $-366,000 Staff projects that there will be a large budget variance in the General Fund from 2024 that could be used to close this shortfall. Interest earnings are expected to be $140,000 over budget and permit revenue is currently $400,000 over budget. In addition to the projects listed above staff has identified several other park renovation projects that could be scheduled. The attached appendix shows a comprehensive list. Park Development Fund There are two projects in the CIP for this fund along with planned repayments to Carver County for the Arboretum Trail project. The City does expect to receive significant park dedication fees from the Avienda development, but the timing for when the City receives those revenues is uncertain, and this revenue has been dedicated to the new Bluff Creek Community Center along with park dedication fee from the Roers development. The Lake Ann Park Preserve project was included for $3.99 million from 2024 to 2025. Priority items totaling $2,875,000 are included in 2024. These items include boardwalks and trail paving and reconstruction. The City planned to use $2.35 million in ARPA funds, $250,000 in other grant funding, and $275,000 from a General Fund transfer. Future items, such as signage/wayfinding, a fishing pier, and other items totaling $865,000 were included in 2025. The City received a $158,400 grant for invasives/natural resources management for these future items. Funding for the other future items totaling $706,600 has not been determined yet, but it could potentially come from this fund. The City is currently awaiting the result of archeology studies to determine what will occur in 2025. 16 12 The other CIP item in this fund is $180,000 in Lake Ann Park Beach improvements scheduled for 2026. Some of the larger, community projects included in the Park Renovation fund list could be funded from Park Dedication fees if they become available. Next Steps The City Council will meet in a work session on November 25, 2024, to review the City’s proposed budgets for all funds, the proposed final levy for all funds, and the proposed 2025-2029 CIP. The City Council will hold its annual Truth in Taxation meeting during the regular Council meeting on Monday, December 9, 2024, at 7:00 p.m. in the Chanhassen City Hall Council Chambers. At that meeting, the Council will adopt a final levy for taxes payable in 2025, 2025 budgets for all funds, and the 2025-2029 CIP. The amount of the adopted final levy cannot exceed that of the preliminary levy, which was adopted on September 9, 2024. The adopted 2025 preliminary levy is 6.9% higher than the 2024 final levy. The public is welcome to attend any of these meetings or provide feedback via email, phone, or letter before the final adoption meeting. 17 13 APPENDIX – ADDITIONAL PARK RENOVATION ITEMS Potential Improvements/Maintenance Items for Bandimere Community Park • Ballfield reconstruction of 3 fields (2025) $ 75,000 • Backstop replacement for 3 fields (2028) $ 175,000 • Add lighting to the 6 unlit athletic fields (3 soccer, 3 ballfields) 2 phases $2,300,000 • Convert 3 soccer fields to artificial turf $3,000,000 • Add a sport court for 1 tennis & 4 pickleball courts $ 350,000 18 14 • Replace or add disk golf course tee boxes $ 20,000 • Add a permanent bathroom $ 350,000 Total for Bandimere Community Park $6,270,000 Potential Improvements/Maintenance Items for Lake Ann Community Park • Extend the height of the outfield fence for ballfield #6 $ 30,000 • Replace the lamps the six ballfield lights $ 1,300,000 • Add a permanent bathroom - Ballfields $ 350,000 • Add a permanent bathroom – Klingelhutz Pavilion $ 350,000 • Convert 1 soccer field to artificial turf $ 1,000,000 • Convert tennis court to 4 pickleball courts $ 350,000 • Replace the outfield fences for the six ballfields $ 300,000 19 15 • Replace or add disk golf course tee boxes $ 20,000 • Add or replace beach shade umbrellas $ 20,000 Total for Lake Ann Community Park $ 3,720,000 Potential Improvements/Maintenance Items for Lake Susan Park • Remodel the Lake Susan bathroom $100,000 20 16 Potential Improvements/Maintenance Items for Chanhassen Recreation Center • Resurface pickleball courts at Chan Rec Center (2025) $ 50,000 • Replace the hockey rink boards $250,000 • Add covered dugouts and backstops for six ballfields $150,000 Total for Chanhassen Recreation Center $450,000 21 17 Other Items: Dock Replacement at South Lotus Boat Landing (2028) $ 25,000 Backstops at Meadow Green/Rice Marsh/Carver Beach (2028) $ 60,000 Court Resurfacing – basketball (24 locations), tennis (16 courts), pickleball courts (10 courts) Roundhouse Park Pickleball (4) & Tennis Court Resurface (2029) $ 100,000 Splashpad at Comm Park $ 1,500,000 Nature Play Playground at a Community Park $ 350,000 Aluminum Dock Replacements at Lake Ann & Lake Susan $ 55,000 Comm Garden fencing at Olson Garden $ 30,000 Historical Building Upkeep – Depot, Old Village Hall $ 150,000 Playground replacements – 27 total Community Park Playgrounds Park Year Constructed Replacement Year Replacement Cost Bandimere Park – Playground 1 1998 2027 $400,000 Bandimere Park – Playground 2 2000 ?? $125,000 Lake Ann Park – Beach Playground 2021 2046 N/A Lake Ann Park – Ballfield Playground 2004 2026 $400,000 Lake Susan Park – 2 Playgrounds 2005 2030 $400,000 South Lotus Lake Park – 1 Playground 2023 2048 N/A Neighborhood Park Playgrounds Park Year Constructed Replacement Year Replacement Cost Carver Beach Park 2021 2046 N/A Carver Beach Playground Park 1998 2025 $115,000 Chanhassen Estates Park 1994 Replace or remove? Chanhassen Hills Park 2005 2030 $115,000 Curry Farms Park 2005 2030 $115,000 Herman Field Park 1992 2017 Past Due? Manchester Park 2018 2043 N/A Meadow Green Park 2004 2030 $115,000 Minnewashta Heights Park 2005 2030 $115,000 North Lotus Lake Park 2005 2030 $115,000 Pheasant Hill Park 2021 2046 N/A Pioneer Pass Park 2014 2039 N/A Power Hill Park 2020 2045 N/A Prairie Knoll Park 1996 2021 Past Due Rice Marsh Lake Park 2005 2030 $115,000 Riley Ridge Park 2012 2037 N/A Roundhouse Park 2023 2048 N/A Stone Creek Park 1996 2030 $115,000 Sugarbush Park 2023 2048 N/A Sunset Ridge Park 1991 Past Due? 22 18 23 City of Chanhassen Preliminary 2025 Utility Fund Budgets & Preliminary 2025- 2029 CIP Council Workshop November 18, 2024 24 Agenda • Review 2025 Preliminary Utility Fund Budgets • Review Preliminary 2025-2029 Capital Improvement Plan • Next Steps City of Chanhassen Workshop - November 18, 2024 2 25 Preliminary 2025 Utility Fund Budgets Water Fund Sewer Fund Storm Water Fund • The City produces and delivers potable water to serve residents and businesses • The City produces nearly 1 billion gallons of water annually • The water system includes the following infrastructure: • 13 groundwater wells • 2 water treatment plants • 3 storage reservoirs • 170 miles of water main pipe • The City is responsible for inspecting and maintaining the collection system infrastructure and the sanitary lift stations used to transport wastewater to the MCES Blue Lake Wastewater Plant in Shakopee • The sewer system includes the following infrastructure: • 32 lift stations • 140 miles of sanitary sewer pipe • The City’s Surface Water Management Plan provides a framework for protecting and improving Chanhassen’s lakes, streams, and wetlands and addressing drainage and flooding issues • The storm water system includes the following infrastructure: • 90 miles of storm sewers • 298 storm water ponds City of Chanhassen Workshop - November 18, 2024 3 26 2022 Utility Rate Study Ehlers Study • Review City’s operating, capital, and debt service projections through 2032 • Determine utility rates and connection fees needed to for meet expenses Projected Rate & Fees Increases from Study Fund 2023 2024 2025 2026 2027 2028 2029 2030- 2032 Water 5%5%5%5%5%5%5%5% Sewer 8.5%8.5%8.5%8.5%8.5%8.5%8.5%8.5% Storm Water 15%15%15%14%8.25%8.25%8.25%5% City of Chanhassen Workshop - November 18, 2024 4 A resident billed for 9,000 gallons water and 5,000 gallons sewer would see monthly bill increase from $79.78 to $85.61 27 Preliminary 2025 Water Fund Budget Revenues City of Chanhassen Workshop - November 18, 2024 5 Incorporated 5% utility bill rate increase based on rate study recommendation Connection Charges – expect Avienda fees to come in over 10-year period versus accelerated timing assumed in rate study 28 Preliminary 2025 Water Fund Budget Expenses City of Chanhassen Workshop - November 18, 2024 6 Increase in wages and benefits due to COLA and step increases Decrease in operating expenses due to several small changes, e.g., chemicals, meter replacements 29 Preliminary 2025-2029 Water Fund CIP City of Chanhassen Workshop - November 18, 2024 7 Largest CIP category is for the utility portion of street improvements 2025 – Annual city street reconstruction + Market Blvd + Crimson Bay Rd 2026 & 2027 – Annual city street reconstruction 2028 & 2029 – Annual city street work + Pleasantview Rd (maybe) Utility Improvements – 2026 and 2028 – trunk watermain rehab 2029 – Lower Bluff Creek (development dependent) 30 Preliminary 2025 Sewer Fund Budget Revenues City of Chanhassen Workshop - November 18, 2024 8 Incorporated 8.5% utility bill rate increase based on rate study recommendation Connection Charges – expect Avienda fees to come in over 10-year period versus accelerated timing assumed in rate study 31 Preliminary 2025 Sewer Fund Budget Expenses City of Chanhassen Workshop - November 18, 2024 9 Increase in wages and benefits due to COLA and step increases Met Council Env Services increase was 4.3% compared to 9.4% last year – this charge makes up 65% of operating budget 32 Preliminary 2025-2029 Sewer Fund CIP City of Chanhassen Workshop - November 18, 2024 10 Largest CIP category is for the utility portion of street improvements 2025 – Annual city street reconstruction + Crimson Bay Rd 2026 & 2027 – Annual city street reconstruction 2028 & 2029 – Annual city street work + Pleasantview Rd (maybe) Utility Improvements – 2029 – Lower Bluff Creek (development dependent) Replace Vactor/Jetting Truck in 2027 33 Preliminary 2025 Storm Water Fund Budget Revenues City of Chanhassen Workshop - November 18, 2024 11 Incorporated 15% utility bill rate increase based on rate study recommendation Includes $1M grant in 2025 for Market Blvd project and cistern on Civic Campus project Includes $1M for sale of wetland bank credits (pending Council decision) Includes interfund loan of $4M in 2025 34 Preliminary 2025 Storm Water Fund Budget Expenses City of Chanhassen Workshop - November 18, 2024 12 Increase in wages and benefits due to COLA and step increases Operating expenses decreasing due to transfer of remaining forestry and recycling expenses to General Fund 35 Preliminary 2025-2029 Storm Water Fund CIP City of Chanhassen Workshop - November 18, 2024 13 Largest CIP category is for the utility portion of street improvements 2025 – Annual city street reconstruction + Market Blvd + Crimson Bay Rd 2026 & 2027 – Annual city street reconstruction 2028 & 2029 – Annual city street work Utility improvements in 2025 include Lotus Lake Water Quality BMPs & Kerber Pond Ravine Stabilization Annual storm water pond improvements included, beginning at $525K in 2025, increasing slightly each year 36 Utility Rate Projections Projected Rate & Fees Increases from Study vs. Updated Rate Projections Fund 2023 2024 2025 2026 2027 2028 2029 2030-2032 Water 5%5%5%5%5%4.5%5%4.5%5%4.0%5%4.0% in 2030, 3.5% for 2031-2032 Sewer 8.5%8.5%8.5%8.5%8.5%8.5%8.5%8.5% Storm Water 15%15%15%14%15%8.25%15%8.25%15%8.25%12%5% 10% Monthly Bill – Ehlers Study $79.78 $85.62 $92.26 $98.75 $105.72 $113.21 $120.76 - $137.42 Monthly Bill – Updated Rates $79.78 $85.62 $92.38 $99.57 $107.44 $115.32 $123.48 - $141.32 City of Chanhassen Workshop - November 18, 2024 14 37 Preliminary 2025-2029 Capital Improvement Plan Governmental Funds CIP Overview/Process 2025 CIP Items 2026-2029 CIP Items • City Council adopts a 5-year CIP annually • What’s included? Planned capital expenditures such as: • Vehicles – Purchased or Leased • Equipment • Buildings & Building Improvements • Street Improvements • Parks & Trails Improvements • Utility Infrastructure • All 2025 CIP items are included in the 2025 budgets for each fund • All 2025 CIP items will be approved by Council prior to purchase/start of project • All 2026-2029 CIP items are adopted conceptually by the Council and are included in fund projections • Staff will use the 2026-2029 CIP items as the basis for the 2026-2030 CIP City of Chanhassen Workshop - November 18, 2024 15 38 Preliminary 2025-2029 Capital Improvement Plan Capital Funds • Vehicle & Equipment Fund • Park Renovation Fund • Capital Facilities Fund • Park Acquisition & Development Fund • Civic Campus Project Fund • Transportation Infrastructure Management Fund • Pavement Management Fund Utility Funds • Water Fund • Sewer Fund • Storm Water Fund City of Chanhassen Workshop - November 18, 2024 16 39 Vehicle & Equipment Fund 2025 Funding Uses 17 2025 Funding Sources Property Tax Levy $705,000 Investment Earnings $26,153 Asset Sales $239,835 Vehicle Leases $357,979 IT Equipment $14,000 Equipment $368,000 Purchased Vehicles $621,000 City of Chanhassen Workshop - November 18, 2024 40 Vehicle & Equipment Fund – 2025 CIP Vehicles & Equipment City of Chanhassen Workshop - November 18, 2024 18 Function – Vehicle/Equipment 2025 CIP Streets – Replace Bucket Truck $215,000 Streets – Replace Dump Truck $308,000 Parks – Replace Dump Truck $98,000 Parks Equipment – Utility Vehicle, Tractor, Ballfield Groomer, Ballfield Painter/Striper, Other Items $368,400 Vehicle Lease Payments $357,979 IT Equipment $14,000 TOTAL $1,327,379 41 Vehicle & Equipment Fund – 2025-2029 CIP CIP Items 2025 2026 2027 2028 2029 Leased Vehicle Payments $357,979 $367,329 $383,892 $390,285 $393,705 Purchased Vehicles $621,000 $300,000 $385,000 $340,000 $354,000 Equipment $368,000 $646,300 $284,600 $305,700 $261,800 IT Equipment $14,000 $-$29,000 $-$24,000 Fire Engine Payment $-$-$-$-$213,000 TOTAL $1,360,979 $1,313,629 $1,082,492 $1,035,985 $1,246,505 City of Chanhassen Workshop - November 18, 2024 19 42 Vehicle & Equipment Fund – 2025-2029 Ending Fund Balance Projections 2025 2026 2027 2028 2029 Property Tax Levy $705,000 $725,000 $750,000 $820,000 $900,000 Investment Earnings $26,153 $20,303 $15,389 $13,011 $17,432 Sale of Assets $239,835 $240,717 $158,568 $497,668 $229,363 Transfers In $-$-$84,000 $-$100,000 Capital Expenditures $(1,360,979)$(1,313,629)$(1,082,492)$(1,035,985)$(1,246,505) Net Change in Fund Balance $(389,991)$(327,609)$(158,535)$294,694 $(99,710) Ending Fund Balance $1,353,559 $1,025,950 $867,416 $1,162,110 $1,062,400 City of Chanhassen Workshop - November 18, 2024 20 Projections through 2034 show ending fund balance of $582,501 43 Capital Facilities Fund What’s Included • Capital improvements and major maintenance projects for City facilities: • City Hall • Library • PW Facility • Fire Station • Recreation Center • Park Maintenance Building 2025 Funding Uses 21 2025 Funding Sources Property Taxes $170,000 Investment Income $2,900 Salt Shed Canvas Cover Replacement $42,000 Fire Station Furnace $30,000 PW Drain Trench Repair $35,000 Civil Defense Sirens $15,000 PW Facility Roof Repair $20,000 Rec Center Equipme nt $30,000 City of Chanhassen Workshop - November 18, 2024 44 Capital Facilities Fund –2025-2029 CIP CIP Items 2025 2026 2027 2028 2029 Civil Defense Sirens $15,000 $-$-$-$- Fire Station Furnace $30,000 $-$-$-$- PW Facility Drain Trench Repair $35,000 $-$-$-$- PW Facility Roof Repair $20,000 $-$-$-$- Salt Shed Canvas Cover Replacement $42,000 $-$-$-$- Rec Center Equipment $30,000 $15,000 $-$-$- PW & Library Boiler Replacements $-$-$135,000 $-$- Other Items $-$10,000 $-$40,000 $- Deferred Maintenance Allowance $-$50,000 $50,000 $150,000 $225,000 TOTAL $172,000 $75,000 $185,000 $190,000 $225,000 City of Chanhassen Workshop - November 18, 2024 22 45 Capital Facilities Fund – 2025-2029 Ending Fund Balance Projections 2025 2026 2027 2028 2029 Property Tax Levy $170,000 $170,000 $177,000 $215,000 $224,000 Investment Earnings $2,900 $3,000 $4,400 $4,400 $4,800 Capital Expenditures $(172,000)$(75,000)$(185,000)$(190,000)$(225,000) Net Change in Fund Balance $900 $98,000 $(3,600)$29,400 $3,800 Ending Fund Balance $197,434 $295,434 $291,834 $321,234 $325,234 City of Chanhassen Workshop - November 18, 2024 23 Projections through 2034 show ending fund balance of $382,534 46 Transportation Infrastructure Management (TIM) Fund What’s Included • Trail Repairs and Rehab • Traffic Safety Improvements • ADA Transition Plan Improvements • Beginning in 2024, maintenance items not included: sealcoating, crack sealing, pavement marking, etc. – moved to General Fund 2025 Funding Uses 24 2025 Funding Sources Property Tax Levy $240,000 Investment Earnings $24,900 Trail Rehab & Repairs $230,000 Traffic Safety Imp $31,000 ADA Transition Plan Imp $20,000 City of Chanhassen Workshop - November 18, 2024 47 Transportation Infrastructure Management (TIM) Fund– 2025 CIP Trail & Parking Lot Rehab & Repairs • Annual pavement rehab projects for City’s trails and parking lots • 2025 Project – Fog seal existing trails along County highways and rehab trails north of Lake Ann Park Preserve along Lake Lucy • Does not include trail rehab that occurs with street improvement projects Traffic Safety Improvements • Funding used to address needed traffic safety improvements • Traffic Safety Committee may recommend improvements City of Chanhassen Workshop - November 18, 2024 25 ADA Transition Plan Improvements • Improvements to bring public transportation network into ADA compliance • Includes: • Recon of ped ramps • Traffic signal controls • Sidewalks/trails improvements 48 Transportation Infrastructure Management (TIM) Fund– 2025-2029 CIP CIP Items 2025 2026 2027 2028 2029 Trail/Parking Lot Rehab $230,000 $230,000 $230,000 $240,000 $250,000 Traffic Safety Improvements $31,000 $32,000 $33,000 $34,000 $35,000 ADA Transition Plan Improvements $20,000 $20,000 $20,000 $20,000 $20,000 Lake Ann Park Beach Improvements $-$90,000 $-$-$- TOTAL $281,000 $372,000 $283,000 $294,000 $305,000 City of Chanhassen Workshop - November 18, 2024 26 49 Transportation Infrastructure Management (TIM) Fund– 2025-2029 Ending Fund Balance Projections 2025 2026 2027 2028 2029 Property Tax Levy $240,000 $240,000 $250,000 $260,000 $270,000 Investment Earnings $24,900 $19,800 $15,500 $13,300 $12,900 Capital Expenditures $(281,000)$(372,000)$(283,000)$(294,000)$(305,000) Net Change in Fund Balance $(16,100)$(112,200)$(17,500)$(20,700)$(22,100) Ending Fund Balance $775,640 $663,440 $645,940 $625,240 $603,140 City of Chanhassen Workshop - November 18, 2024 27 Projections through 2034 show ending fund balance of $493,240 50 Pavement Management Plan (PMP) Fund What’s Included • Annual Street Reconstruction Projects • MSA/Other Agency Street Reconstruction Projects • Developer/County Reimbursements & Grants for Projects • Other Projects 2025 Funding Uses 28 2025 Funding Sources Intergovernmental- Non MSA $3,684,176 Special Assessments $3,765,137 Franchise Fees $1,931,000 MSA Funding $1,470,39 5 Property Taxes $1,000,000 TIF Revenue $2,600,000 Other $47,511 Market Blvd $6,221,000 Annual Street Recon $4,930,000 MMSW Roundabout $2,950,000 Crimson Bay Rd $1,680,000 Hwy 5 Imp (City portion) $750,000 Other $201,108 City of Chanhassen Workshop - November 18, 2024 51 Pavement Management Plan (PMP) Fund – 2025 CIP Market Blvd Improvements • Reconstruction of Market Blvd from West 78th St to TH5 • TIF Revenue from The Venue Project will generate $2.6M toward payment • Project cost is $8.92M – MSA Funding $2.5M, Utilities $2.7M, TIF 2.6M Annual Street Project • Approximately 1.5 miles of road reconstructed in Frontier Trail neighborhood and two adjacent street areas • Reconstruction more costly than reclamation • Project cost is $9.105M – PMP funds used $2.96M, Special Assessments $1.97M, Utilities $4.175M City of Chanhassen Workshop - November 18, 2024 29 Other Projects • TH 41/MMSW Access Imp - $2.95M • Crimson Bay/Dogwood Road - $1.68M • Hwy 5 Improvements – City Portion $750K • Other - $201K 52 Pavement Management Plan (PMP) Fund– 2025-2029 CIP CIP Items 2025 2026 2027 2028 2029 Annual Street Projects $4,930,000 $4,835,000 $5,025,000 $4,795,000 $5,300,000 Market Blvd $6,221,000 $-$-$-$- County/Developer Reimbursements $201,108 $90,000 $90,000 $90,000 $90,000 Hwy 5 Improvements (City portion)$750,000 $-$-$-$- Crimson Bay/Dogwood Rd $1,680,000 $-$-$-$- TH 41 MMSW Access Imp $2,950,000 $-$-$-$- Lake Drive East/Great Plains $-$750,000 $-$-$- Pleasantview Road Recon*$-$-$-$6,625,00 $6,625,000 TOTAL $16,732,108 $5,675,000 $5,115,000 $11,510,000 $11,925,000 City of Chanhassen Workshop - November 18, 2024 30 *Pleasantview Road reconstruction dependent on grant/aid funding 53 Pavement Management Plan (PMP) Fund– 2025-2029 Ending Fund Balance Projections 2025 2026 2027 2028 2029 Property Tax Levy $1,000,000 $820,000 $1,040,000 $1,082,000 $1,125,000 Franchise Fees $1,931,000 $1,950,000 $1,970,000 $1,990,000 $2,010,000 Intergovernmental – Non MSA $3,684,176 $76,401 $78,693 $3,306,054 $3,308,486 MSA Funds $1,470,395 $1,514,507 $1,559,942 $1,606,740 $1,654,943 Special Assessments/TIF $6,365,137 $2,572,594 $2,379,724 $3,421,854 $3,571,301 Investment Earnings $47,511 $87,840 $18,633 $45,560 $84,200 Capital Expenditures $(16,732,108)$(5,675,000)$(5,115,000)$(11,510,000)$(11,925,000) Net Change in Fund Balance $(2,233,889)$1,346,343 $1,931,993 $(57,792)$(171,071) Ending Fund Balance $931,641 $2,277,984 $4,209,977 $4,152,185 $3,981,114 City of Chanhassen Workshop - November 18, 2024 31 54 All Funds Levy Comparison 2025-2029 City of Chanhassen Workshop - November 18, 2024 32 55 Park Renovation Fund– 2025-2029 CIP Funding Sources • Does not have a dedicated funding source, e.g., property tax levy • Historically has relied on transfers from the General Fund • Did not transfer from the General Fund for 2024 due to Lake Ann Park Preserve Project Funding Uses • Only one item in 2025-2029 CIP: • Lake Ann Park Irrigation Pumps $30,000 in 2027 City of Chanhassen Workshop - November 18, 2024 33 Unfunded Projects • Staff has identified several projects that could be completed if funding becomes available • Current fund balance is $120K • Plan to start a levy for this fund in 2029, unless council desires to begin this earlier 56 Park Renovation Fund – 2025-2029 Ending Fund Balance Projections 2025 2026 2027 2028 2029 Property Tax Levy $-$-$-$-$100,000 Capital Expenditures $-$-$(30,000)$-$- Net Change in Fund Balance $-$-$(30,000)$-$100,000 Ending Fund Balance $120,231 $120,231 $90,231 $90,231 $190,231 City of Chanhassen Workshop - November 18, 2024 34 57 Park Renovation Fund – 2025-2029 Staff Project Recommendations City of Chanhassen Workshop - November 18, 2024 35 58 Park Renovation Fund – 2025-2029 Ending Fund Balance Projections with added Levy and General Fund Transfers 2025 2026 2027 2028 2029 Property Tax Levy $156,000 $162,000 $169,000 $175,000 $282,000 General Fund Transfer In $366,000 $-$-$-$- Capital Expenditures $(240,000)$(400,000)$(400,000)$(260,000)$(100,000) Net Change in Fund Balance $282,000 $(238,000)$(261,000)$(85,000)$182,000 Ending Fund Balance $402,231 $164,231 $(96,769)$(181,769)$231 City of Chanhassen Workshop - November 18, 2024 36 Council could decide to start a levy in 2025 by using current General Fund surplus in 2025 budget (dependent on lifeguards, insurance contingency) General Fund transfer in of $366,000 made possible with one-time revenues in 2024 in excess of budget from investment income and permit revenue. Several other items to be prioritized and funded for 2030 and beyond – Appendix of staff report 59 Park Development Fund– 2025-2029 CIP Lake Ann Park Preserve • $3.99M project over 2024- 2025 • Using $2.35M in ARPA funds in 2024 • Received grants totaling $408,400 • Transfer in from General Fund of $275,000 • Final amount dependent on archeology findings Other Sources/Uses • Only one other item in 2024-2028 CIP: • Lake Ann Park Beach Improvements $180,000 in 2026 City of Chanhassen Workshop - November 18, 2024 37 Other Projects • Chanhassen Bluffs Community Center – park dedication fees from Avienda and Roers dedicated to this • Staff has identified approximately $2.035M in unfunded projects: • Bandimere Park Picnic Shelter & Sport Court • Rec Center Fenced Dugouts & Backstop • Lake Ann Ballfield LED Lights 60 Next Steps November 18, 2024 TONIGHT’S Work Session – Review and discuss 2025 Utility Fund Budgets, preliminary 2025-2029 CIP, tax levy and fund projections for capital funds Request Council feedback on utility rates & budgets, wetland bank credit sales, 2025-2029 CIP items, funding for Park items November 25, 2024 Work Session - Review and discuss 2025 General Fund Budget , 2025-2029 CIP, tax levy for all funds, and levy impact on property owners December 9, 2024 Truth in Taxation Public Meeting at 7:00 p.m. Approve Resolution adopting the 2025 final levy & budget City of Chanhassen Workshop - November 18, 2024 38 61 Memorandum To: Charles Howley, Public Works Director/City Engineer From: Joe Seidl, Water Resources Engineer CC: Laurie Hokkanen, City Manager Date: 11/8/2024 Re: Chanhassen Wetland Banking Site #127 Minnesota Wetland Bank Program The Minnesota Wetland Bank program is part of a broader initiative to manage and mitigate wetland impacts due to private development and public infrastructure projects. Wetland banking involves the restoration, creation, enhancement, or preservation of wetlands in one location to compensate for unavoidable impacts to wetlands at another location. This process is regulated under both state and federal laws, including the Clean Water Act (CWA) and the Minnesota Wetland Conservation Act (WCA). In Chanhassen, the wetland banking process is overseen by the local government unit (LGU), which in this case is the City itself. The LGU works in conjunction with a Technical Evaluation Panel (TEP) to formulate decisions regarding wetland impacts. The TEP is made up of representatives from the city, watershed districts, the Minnesota Department of Natural Resources (DNR), the Minnesota Board of Water and Soil Resources (BWSR), and the Carver County Soil and Water Conservation District (SWCD). The wetland bank manages credits that are used to offset the impacts of development projects that affect wetlands. This is a very standard and common practice. For example, Xcel Energy's project in Chanhassen required the purchase of wetland banking credits to compensate for the unavoidable filling of wetlands on their project site. The wetland banking system is designed to ensure that wetland impacts are adequately mitigated, with the overarching goal of maintaining the overall health and function of the region's wetland ecosystems. This system also provides a streamlined process for project owners to comply with wetland regulations while supporting sustainable development practices. 62 The City of Chanhassen owns a Wetlant Bank (Wetland Banking site #127) consisting of approximately 26.9 acres of created and restored wetland. The Wetland bank is located on the Lake Susan Preserve land located southwest of Lake Susan, bounded by Powers Blvd (CSAH 17) to the west and Lyman Blvd (CSAH 18) to the south. The bank was created in the late 1990’s when the City partnered with Carver County to restore the wetlands in conjunction with County highway reconstruction projects for CSAH 17 & 18 and City Project 93-29. Initially, the Lake Susan Wetland Bank was intended to be a private bank to provide mitigation for only City projects. For example, if a local trail improvement project filled a wetland area, the bank could be used to offset the loss of wetland area, saving the City the cost of purchasing 63 credits from another bank. Currently, the City’s bank is not public and therefore is not advertised to developers or other government agencies. Transition to a Public Bank In the approximately 25 years since the City’s bank was established, only 1.7 acres of credits, or 6% of the total credits, have been used, leaving approximately 25.2 acres of credits available. These credits exceed what Chanhassen will likely ever use. Recognizing this, the Water Resources Department collaborated with BWSR staff to understand the process to transition the private bank to a public bank, allowing Chanhassen to sell the credits to developers and other agencies. This change of bank from private to public has been informally approved by both BWSR and the Army Corp of Engineers. During this collaboration, the BWSR Local Roadway Banking Program manager expressed interest in BWSR purchasing credits in bulk from Chanhassen to replenish their public bank in this region. BWSR is mandated by state law to have public wetland banks available to support public project needs. As mentioned previously, the banks are associated with a specific geographic region. Wetland credits in the region that Chanhassen’s bank is located typically sell for approximately $1 per square foot, giving the City’s credits an estimated street value of about $1.1 million. BWSR staff indicated a desire to buy a significant number of credits, potentially the entire bank. Formally transitioning the bank from private to public involves some administrative work, such as recording easements and conducting a site assessment, but these costs and staff time are negligible compared to the monetary value of the credits. Recommendation and Next Steps The Water Resources Department recommends selling a large majority of the City’s wetland credits to BWSR. Currently, there is a shortage of available credits for the Local Wetland Banking Program, thus creating a demand from BWSR. While Chanhassen could wait and sell credits over time, the opportunity to sell credits in bulk may not arise again soon. Revenue from the sale would be credited to the Stormwater Utility Fund, which is currently stressed due to the amount of work needed to maintain existing infrastructure and meet current, more stringent stormwater regulations. Using the revenue in this way would allow keeping stormwater utility rate increases reasonably low. Staff is seeking approval from the City Council to work with BWSR to transition the Lake Susan Bank from a private to a public bank and to negotiate with BWSR staff to get a fair price for the credits. Staff recommends selling ~22.2 of the credits, leaving ~3 credits for future projects or for future sale. Upon agreeing on a price per credit, the City Council will need to pass a resolution at a future meeting to formally approve the transaction. 64 City Council Item November 18, 2024 Item Discuss amending the city's zoning ordinance regarding conditional uses in the Rural Residential (RR) and Agricultural Estate (A-2) zoning districts related to Group Homes serving 7 to 16 persons. File No.Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Eric Maass, Community Development Director Reviewed By Laurie Hokkanen SUGGESTED ACTION No action; discussion purposes only. Motion Type N/A Strategic Priority N/A SUMMARY At the October 14, 2024 City Council work session, City Council directed staff to draft an ordinance amendment limiting the number of persons able to be reside in a group home to eight persons through the issuance of a Conditional Use Permit (CUP). This proposed text amendment would apply to both the Agricultural Estate (A-2) and Rural Residential (RR) zoning districts which currently allow a maximum of 16 persons through the issuance of a CUP. In addition to reducing the maximum persons from 16 to eight (8), staff is proposing to modify the stated conditions of the conditional use to eliminate the condition that an annual public hearing be held associated with a group home that is operated under a CUP. While staff supports public engagement in the planning process, an annual public hearing is misguided in this instance as it is misleading as to the purpose of a public hearing and also what would result from a public hearing as a conditional use can only be rescinded if a conditional use is violated and revocation proceedings conducted. The city could not add additional conditions to the CUP each year following the public hearing nor could it revoke the 65 CUP solely based on that public hearing and therefore it is not a tool which staff recommends remain in place for regulation of conditional use permits issued associated with group homes serving up to eight persons. BACKGROUND DISCUSSION BUDGET RECOMMENDATION No formal recommendation at this time. ATTACHMENTS Draft Ordinance 66 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-574 of the City Code, City of Chanhassen, Minnesota, is hereby amended as follows: Sec 20-574 Conditional Uses The following are conditional uses in the “A2” District: (a) Cemetery. (b) Electrical distribution and underground electric distribution substations. (c) Churches. (d) Recreational beach lots. (e) Group homes for seven to eight persons. (f) Golf courses. (g) Towers as regulated by article XXX of this chapter. Section 2. Section 20-594 of the City Code, City of Chanhassen, Minnesota, is hereby amended as follows: Sec 20-594 Conditional Uses The following are conditional uses in an “RR” District: (a) Churches. (b) Group homes for seven to eight persons. (c) Private stables. (d) Recreational beach lots. (e) Towers as regulated by article XXX of this chapter. Section 3. Section 20-261 of the City Code, City of Chanhassen, Minnesota, is hereby amended as follows: Sec 20-261 Group Homes The following applies to group homes for seven to eight persons. (a) The structure must be in compliance with the state licensing requirement. (b) The structure must be in compliance with local building and fire codes. 67 (c) Septic systems must be in compliance with Chapter 19, article IV. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this ___day of _____, 2024, by the City Council of the City of Chanhassen, Minnesota ______________________________________________________________ Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the _________________________ on ______________________________) 68 City Council Item November 18, 2024 Item Chanhassen Bluffs Community Center File No.Item No: A.3 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Discuss Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY The City Council will discuss this item and next steps in more detail at the November 25 work session. This item is scheduled if the City Council wants to have any brief conversation. BACKGROUND On Election Day, Chanhassen residents voted to support the proposed Chanhassen Bluffs Community Center. This step forward represents our shared commitment to creating a welcoming and vibrant space for all. Resident input has been—and will continue to be—an essential part of this important milestone for Chanhassen's future, so stay tuned for ways to get involved and help us create a gathering place that truly meets the needs of our growing community. One great way to stay in the loop about the Chanhassen Bluffs Community Center is to sign up for our email newsletters (under the "Projects"). DISCUSSION 69 BUDGET RECOMMENDATION ATTACHMENTS 70 City Council Item November 18, 2024 Item Farewell and Thank You: Lt. Lance Pearce, CCSO File No.Item No: C.1 Agenda Section PUBLIC ANNOUNCEMENTS Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Wish Lt. Pearce farewell and congratulations on his 30 year career with the CCSO. Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 71 City Council Item November 18, 2024 Item Approve City Council Minutes dated October 28, 2024 File No.Item No: D.1 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated October 28, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends that the Chanhassen City Council approves the City Council minutes dated October 28, 2024. 72 ATTACHMENTS City Council Minutes dated October 28, 2024 73 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 28, 2024 Mayor Ryan called the meeting to order at 7:02 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman Schubert, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Eric Maass, Community Development Director; Charlie Howley, Public Works Director/City Engineer; Jerry Ruegemer, Parks and Recreation Director; Patrick Gavin, Communications Manager; Andrew Heger, Fire Chief; Lieutenant Lance Pearce; and Jenny Potter, City Clerk. PUBLIC PRESENT: Julie Jost PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman McDonald moved, Councilman Kimber seconded that the City Council approve the following consent agenda items 1 through 12 pursuant to the City Manager’s recommendations: 1. Approve City Council Work Session Minutes dated October 14, 2024 2. Approve City Council Meeting Minutes dated October 14, 2024 3. Receive Environmental Commission Minutes dated July 10, 2024 4. Approve Claims Paid dated October 28, 2024 5. Approve Agreement for the issuance of a building permit before demolition of an existing house at 3010 W 78th Street 6. Authorization of Contract for the Rooftop Solar Project on the proposed new City Hall 7. Approval of Fireworks Show Permit for the Feast of St. Hubert on November 2, 2024 8. Approve Encroachment Agreement at 2300 Lukewood Drive authorizing placement of a shed in Conservation Easement 74 City Council Minutes – October 28, 2024 2 9. Resolution 2024-65: Authorize condemnation of land associated with the TH 41 Roundabout project 10. Resolution 2024-66: Application of a MnDOT Active Transportation Planning Assistance Grant 11. Resolution 2024-67 Authorizing the City of Chanhassen to Participate in a Process Exploring the Formation of a Transportation Management Organization Along Trunk Highway 7 12. Adopt Ordinance XXX: Amendment to the Children’s Learning Adventure Planned Unit Development (PUD) All voted in favor, and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATES. 1. Quarterly Law Enforcement Update Lieutenant Lance Pearce updated the Council on the Sheriff’s Office's third-quarter activities. He provided an overview of the different types of calls received and traffic citations. 2. Quarterly Fire Department Update Fire Chief Andrew Heger updated the Council on the various fire department responses in 2024. He explained the different training completed by the fire department. He reviewed the success of Night to Unite. He summarized different fire staffing changes. He introduced the new data analytics platform and noted the call and response time. He said that they predicted a nine percent increase in calls. Councilman von Oven asked what Fire Chief Heger was most excited about with the data analytics platform. Fire Chief Heger responded that he was most excited about the real-time accurate data to reach out about community risk reduction efforts. Mayor Ryan asked about the business and resident input and how it would be communicated to involve residents. Fire Chief Heger answered that the program has a pre-built marketing kit that will help the communications department share information about Fire Department activities. Mayor Ryan questioned who was holding the information. Fire Chief Heger responded it was an encrypted website that was the city’s. The website is public-facing and people can share their own personalized information, which the fire department can see and do specific programming for home fire inspection. 75 City Council Minutes – October 28, 2024 3 Mayor Ryan clarified that they did not have to dig for the information. Fire Chief Heger confirmed this information. Mayor Ryan said she would like to see the communications piece in a future meeting. PUBLIC HEARINGS. 1. Resolution 2024-68: Certification of Delinquent Utility Accounts and Code Enforcement Charges to the County Auditor City Manager Laurie Hokkanen provided a background on the resolution to certify delinquent utility accounts. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman McDonald seconded that the City Council adopt a resolution certifying delinquent utility accounts and code enforcement charges to the County Auditor. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. 2. Approve On-Sale Beer & Wine Liquor License for The OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite 110 City Clerk Jenny Potter reviewed the background information on the OG Coffee & Wine Bar liquor license request. She stated that they had received no public comments. Julie Jost, owner of the OG Coffee & Wine Bar, LLC., introduced herself and explained why she wanted to open her small business. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilman McDonald moved, Councilman von Oven seconded that the Chanhassen City Council approve an On-Sale Beer & Wine Liquor License for the OG Coffee & Wine, LLC, DBA The O.G. Coffee & Wine Bar located at 600 Market Street, Suite 110 and adopt the Findings of Fact. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. GENERAL BUSINESS. None. 76 City Council Minutes – October 28, 2024 4 COUNCIL PRESENTATIONS. Mayor Ryan thanked the Parks and Recreation Department for their work on the Halloween Party. Councilman Kimber talked about the Halloween Party. He stated that the event was a huge event for the community and had a large attendance. Park and Recreation Director Jerry Ruegemer said that attendance was down for the event, but they were trying to figure out the reason. ADMINISTRATIVE PRESENTATIONS. 1. Chanhassen Bluffs Community Center Referendum Update City Manager Laurie Hokkanen reviewed the Community Center referendum that would be on the ballot on election day. She summarized the activities that city staff attended to bring awareness to the proposal. She explained where the results of the election could be found after election day. Mayor Ryan encouraged people to vote. CORRESPONDENCE DISCUSSION. None. Councilwoman Schubert moved, Councilman von Oven seconded to adjourn the meeting. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:39 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Jenny Potter City Clerk 77 City Council Item November 18, 2024 Item Receive Commission on Aging Minutes dated September 20, 2024 File No.Item No: D.2 Agenda Section CONSENT AGENDA Prepared By Kate Vogt, Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Commission on Aging Minutes dated September 20, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 78 Commission on Aging Minutes dated September 20, 2024 79 Chanhassen Commission on Aging, September 20, 2024 The meeting was called to order at 10:03 am by Commissioner Cassidy. MEMBERS PRESENT: Gwen Block, Jim Camarata, Kara Cassidy, Ruth Lunde, Beth Mason, Phyllis Mobley, Ruth Slivken, Bhakti Modi MEMBERS ABSENT: GUESTS PRESENT: Amanda Bigus, Volunteer and Outreach Manager at Trellis/ Senior Linkage Line; LeeAnn Eiden, Senior Community Services; Emmanuel Ngabire, Carver County HHS; Linnea Fonnest, Chanhassen Librarian; Mary Blazanin, Senior Center Coordinator. APPROVAL OF AGENDA: The agenda was reviewed as submitted. Commissioner Camarata made a motion to approve the agenda as amended. Commissioner Lunde seconded the motion. All members voted in favor; the motion was carried. APPROVAL OF MINUTES August 16, 2024, Minutes were reviewed. No changes noted. Commissioner Mason made a motion to approve the minutes from the August 16, 2024, meeting. Commissioner Mobley seconded the motion. All members voted in favor; the motion was carried. GENERAL BUSINESS Summary Discussion: 09/06/2024 Carver County All Commission Meeting Many of the Chanhassen Commission on Aging Commissioners were able to attend the meeting held at Carver County on 09/06/2024. Reflecting on this meeting held by Emmanuel, the attending Commissioners had a great experience and were able to learn about how other cities operate their Commissions on Aging. They recognized that Chanhassen is unique in its services to senior patrons compared to other Carver County cities due to the fact that it has an operating Senior Center with a full-time coordinator. Chanhassen Commission on Aging – Mission and Goals Progress Report Mary commented on the notes from Carver County’s meeting and noted that many of the Chanhassen Commission on Aging goals align with Emmanuel’s goals at the county level. Reflecting on what has been accomplished so far this year the Chanhassen Commission on Aging has completed a majority of their 2024 goals already and is working strongly to complete the remaining goals as the year comes to an end. VISITOR PRESENTATIONS Amanda Bigus, Volunteer and Outreach Manager, Trellis/ Senior Linkage Line. Program overview and outreach. Trellis/ Senior Linkage is part of an Area Agency on Aging for the Metro area and a free resource for community seniors; this program offers many educational and informational resources for the 60+ population in Minnesota. They partner with many senior programs throughout the area and across the state. Their goal is to optimize the well-being of all seniors as they age. This tool helps connect people with services; whether a senior is looking for help with transportation, housing, or finances, Trellis/ Senior Linkage Line has the resources to assist. They bring networks together for collaboration and could be referred to as a hub of aging 80 organizations. Trellis/ Senior Linkage Line works for the whole person as they age, not just for their health but also for their social needs. They are unbiased in their assistance and are reachable in person, online, and over the phone. LeeAnn Eiden, Senior Community Services LeeAnn was able to share with Commissioners some upcoming events that she is working on. Events include: • Screening & Panel Discussion of SPARK (Robin Williams and his battle with Lewy Body Dementia) held on 10/22 from 1:00 pm to 3:30 pm located at the Ridgedale Library. • A Zoom series for caregivers during the winter months (November, December, January, and February) this will be hosted on the second Tuesday of each month from 10:00 am to 11:30 am. • The Dementia Friends session will be held on 11/19 from 3:30 pm to 5:00 pm at The Lodge in Chaska. Emmanuel Ngabire, Carver County Office of Aging, Emmanuel expressed his appreciation of the Chanhassen Commission on Aging’s involvement and engagement during the meeting he hosted on 09/06/2024 and looks forward to seeing what is to come for our commission. Linnea Fonnest, Chanhassen Library, Senior programming will be ramping up for this fall, kicking off with a fall Book Sale next week which is a huge fundraiser for the Chanhassen Library. Also highlighting the first-ever Craft Swap on 10/26, donations will be taken for the two weeks leading up to this event. Mary Blazanin, Senior Center Update, The City of Chanhassen has a new Communications Manager, Patrick Gavin, who will be asked to meet with the COA communications committee to discuss future projects with publicity and articles. The city has also asked the Commission on Aging to begin the conversation on rebranding the Senior Center now, so they are prepared when entering their new space next year. The goal is to rewrite how they talk and think about aging services, removing the word senior completely but continuing to uphold the same goals and objectives. Mary will not attend the October meeting; Kara Cassidy will moderate the meeting. Upcoming volunteer needs for the Senior Center include October 24th - Octoberfest 10:30 am, setup – 11:30 am serving, and clean up help needed; Veterans and Friends Pancake Breakfast November 8th – 9:00 am mealtime– 10-11:00 am Speaker; Sponsored by American Legion, no volunteer help necessarily needed, but Commissioners are encouraged to attend to support our local veterans, friends and families; December 13th – Holiday Party 10:00 am set up, 11:30 am - serving, and clean up help needed. DISCUSSION Individual COA Committee Updates: Bridging, Communications, Other (as needed) The Bridging Committee is looking to add additional students, they have posters made up that Mary will be adding to a bulletin board at the Rec Center in hopes of spreading the word. The high school seniors who graduated from the program have all three reached out to the Bridging Committee wanting to keep in touch. The Communications Committee and Commissioner Lunde were excited as the Carver County 81 Local News prepares to launch digitally; the anticipated date is October 1st. It will hopefully grow over time but, according to Commissioner Lunde, they will start with digital candidate information for the voters this year. Mary’s articles have also been published in the Chanhassen Magazine recently. Commissioner Bhakti is ready to get back to work with the new City Communications Director to get the Senior Center web page launched as was planned before Ari left. Commissioner Mason is interested in helping create a senior resources booklet which would provide helpful contact information for Chanhassen older residents, similar to one being given out by another area town. ADJOURNMENT: Commissioner Camarata made a motion to adjourn. Commissioner Mobley seconded the motion. All members voted in favor; the motion was carried and the meeting adjourned. The meeting was adjourned at 11:36 am Minutes prepared by Kate Vogt, Administrative Support Specialist. Minutes submitted by Mary Blazanin, Senior Center Coordinator. 82 City Council Item November 18, 2024 Item Receive Planning Commission Minutes dated September 17, 2024 File No.Item No: D.3 Agenda Section CONSENT AGENDA Prepared By Amy Weidman, Senior Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Planning Commission minutes dated September 17, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 83 Planning Commission minutes dated September 17, 2024 84 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 17, 2024 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Chair Eric Noyes, Perry Schwartz, Edward Goff, Katie Trevena, Jeremy Rosengren. MEMBERS ABSENT: Steve Jobe, Ryan Soller. STAFF PRESENT: Rachel Arsenault, Associate Planner; Rachel Jeske, Planner; Eric Maass, Community Development Director; Kory Hanson, Sergeant. PUBLIC PRESENT: John Sonnek Charles Cudd Company Rodney Provart Hope House Richard Coffey 180 Degrees John Roers 7451 Beacon Court Jason Christensen 3331 West 78th Street Lisa Roers 7451 Beacon Court Larry Ruby 7561 Beacon Court Debby Ruby 7561 Beacon Court Haley Ness 7591 Beacon Court Derek Schluender 7521 Beacon Court Ryan Stinson 3360 West 78th Street Suchitra Sriram 7581 Beacon Court REORDER AGENDA: Eric Maass, Community Development Director, requested that the Planning Commission prior to adopting the agenda, amend the agenda such that Planning Case #24-09 would be considered first under Public Hearings. The Planning Commission amended the agenda as proposed prior to its adoption. PUBLIC HEARINGS: 1. CONSIDER A CONDITIONAL USE PERMIT FOR A CONTRACTING YARD AT 1591 PARK ROAD (PLANNING CASE #24-09) Rachel Arsenault, Associate Planner, reviewed the history of the site and summarized the proposed site plan. She stated that the request was in line with the zoning overview. She 85 Planning Commission Minutes – September 17, 2024 2 reviewed the conditional use permit conditions required by the applicants, including the need to work with the water resource department. Commissioner Schwartz asked why they would approve the request if the property owner had not addressed the city’s concerns about the disrepair. Ms. Arsenault responded that the applicant was remedying the situation on the property to come into compliance. Commissioner Schwartz asked if the staff was concerned about the length of time that had passed with disrepair. Mr. Maass explained the history of the property and said that the property owner was taking steps to come into compliance. The conditional use permit is the next step to gaining compliance with the City Code. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Goff moved, Commissioner Rosengren seconded that the Chanhassen Planning Commission recommends the City Council approve the proposed contracting yard conditional use permit at 1591 Park Road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. CONSIDER PRELIMINARY PLAT FOR APPROVAL FOR AVIENDA TOWNHOMES ADDITION (PLANNING CASE 24-17) Eric Maass, Community Development Director, gave a summary of the staff report, noting the changes from the 2021 Plat to the 2024 Plat, including the lot depth increase and the mechanical building code section 401.4 requirement. Commissioner Schwartz asked a question about lots eight, nine, ten, and eleven. He asked if those lots complied and were five feet in the front and five feet in the back. Mr. Maass answered that the lots would conform and there would be ten feet from the building edge to the property line. Commissioner Trevena asked about how this situation came about. Mr. Maass stated that the building department noted them in their plan review process. John Sonnek, Vice President of Construction at Charles Cudd Company, explained the size of the outlot changed to address the problem. The line was moved approximately six feet in the backyard and approximately five feet in the front yard. He said that it would be better for the clients to not have the vents on the roof. 86 Planning Commission Minutes – September 17, 2024 3 Commissioner Schwartz asked about overflow parking and snow storage when the development was settled. Mr. Sonnek said that the snow could be moved to be stored in the stormwater storage area, where it could melt. Commissioner Schwartz clarified that there were no changes to the buildings, but the lot sizes. Mr. Sonnek stated that the vent used to go out the side but will now go out the back. Since the soffit was five feet from the property line, they had to adjust the property line size. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Trevena noted an incorrect date in the finding of facts and decision. Commissioner Trevena moved, Commissioner Schwartz seconded that the Chanhassen Planning Commission recommend the City Council approval of the Avienda Townhomes Addition preliminary plat prepared by Landform dated August 23, 2024, subject to the conditions within the staff report and adopt the findings of fact and recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3. HOPE HOUSE CONDITIONAL USE PERMIT AND SITE PLAN REVIEW (PLANNING CASE #24-16) Eric Maass, Community Development Director, reviewed the timeline of the project and noted that the recommendation would be considered at the City Council on October 14. He provided an overview of the existing conditions and explained the proposed site plan and landscaping plan. He summarized the Group Home conditional use permit and site plan, noting the City Code requirements. He explained the staff recommendations for the conditional use permit. Chairman Schwartz asked about the use of the existing facility and how many residents could be on the property. Mr. Maass stated that the applicant would build the addition but did not know the long-term use of the existing home. The maximum number of residents if the CUP was approved would be eight on the property. Commissioner Schwartz referred to a letter submitted by a resident. He asked if it was within the staff's purview to consider the discrepancies between the email and the applicant’s comments. He stated there were disturbing statements in the email. 87 Planning Commission Minutes – September 17, 2024 4 Mr. Maass responded that the city’s purview is whether the conditional use permit request adheres to City Code. He stated that the property owner and applicant must agree to submit truthful and honest information. Commissioner Rosengren asked what was in the scope of the review. Mr. Maass stated that the conditional use permit could be revoked if the operator did not adhere to the conditions. He provided an example of what would cause the revocation of the conditional use permit. Commissioner Rosengren clarified that the annual review could not determine incidents that had occurred. It was solely limited to the conditional use permit. Commissioner Schwartz stated that the number of residence would be reduced by two to bring the resident count to six if the conditional use permit was revoked. Chairman Noyes reviewed the purpose of the Planning Commission. Commissioner Schwartz voiced concerns about the allegations and commented that it was difficult to focus on the zoning with the ongoing issues. Chairman Noyes responded that the Planning Commission is a recommending body to the City Council and noted the need to focus on the assigned task. Commissioner Rosengren asked if it was within the purview to include a provision to make sure that the City Council reviews the public concerns. Chairman Noyes stated that the discussion was documented in minutes and would be presented to the City Council. He said that they can add things to the conditional use permit. Chairman Noyes said that the City Council would receive the minutes and the written comments received from residents. He stated that the city could add conditions to a conditional use permit, but they need to be related to the use requested. Commissioner Schwartz stated that some residents would share their concerns about why it was not a good idea. Chairman Noyes said that the Planning Commission needs to hear the public’s opinions, but they need to understand the focus of the Planning Commission. He said that the City Council would look at the project at a larger scope, but the Planning Commission would need to look at the zoning ordinance. Commissioner Schwartz asked about the street address of the location since it had an Excelsior address but was within Chanhassen. 88 Planning Commission Minutes – September 17, 2024 5 Rodney Provart, Executive Director for Hope House, introduced himself and explained the purpose of the additional two rooms. Commissioner Rosengren asked about the nine rooms and asked if one would always be empty. Mr. Provart clarified that they were licensed for eight residents, so one room would be empty. Commissioner Schwartz asked what was being done with the empty rooms in the other house. Mr. Provart answered that they would evaluate what other social services might be appropriate for the region with those rooms. Commissioner Schwartz questioned the purpose of the flex rooms when Hope House is an overnight shelter. Mr. Provart explained that individuals can stay for up to ninety days. Commissioner Schwartz asked what the residents would be doing during the day. Mr. Provart answered that the residents would be going to school. Commissioner Schwartz asked if the shelter was serving only residents from Carver County. Richard Coffey, from 180 Degrees, responded that most of the residents were from Carver County. Commissioner Goff asked about how Open Hands Foundation, Hope House, and 180 Degrees interacted. Mr. Provart summarized the history of the opening of Hope House and the partnership established with 180 Degrees and Westwood Community Church. Commissioner Schwartz stated that the teens were troubled. He asked about the precautions to ensure the safety of residents, staff, and neighbors. Mr. Coffey responded that the teenagers might also just be homeless. He explained the intake process for the teenagers and the 24-hour staffing model. Commissioner Schwartz asked about the policies in place if an incident occurred. Mr. Coffey responded that there was a 24-hour crisis team. They can also call 911. The team goes through training to understand how to de-escalate a situation. Commissioner Trevena asked about the statement to double the capacity of beds. 89 Planning Commission Minutes – September 17, 2024 6 Mr. Provart answered that it was a wording error. He explained they made a modification since the initial application and would now only be seeking approval for a capacity of eight persons. Commissioner Schwartz discussed the email from a neighbor about the differences between the stated purpose and the reality. Commissioner Schwartz read the statement from the neighbors. Mr. Provart responded that the intent was eight, which is also limited by state licensing. Commissioner Schwartz read a statement from a neighbor that stated teens from various counties had stayed at Hope House. He commented that some residents were on probation, including individuals wearing ankle monitors. Mr. Coffey stated that they operate shelters across the state. There are some situations where a teen from another county might be placed in a different county. This is dependent on the needs of teenagers and available openings. He stated the goal is to not have youth who are violent in the shelter. He did not know of a case with a youth on probation in the shelter. He stated that they do not take violent youth through their vetting process. Commissioner Trevena asked if the condition for the conditional use permit stated that it had to serve youth from Carver County. Mr. Maass responded that it was not a condition. He said that it is not uncommon for a proposal to evolve as staff considers comments. Mr. Coffey commented that their homes could only serve up to eight youths. Chairman Noyes stated that an individual from Carver County Sherrif Department could answer questions regarding safety. Sergeant Hanson from the Carver County Sherrif Department introduced himself. He read the numbers from the previous years, noting that there were eighteen calls for service and two calls were criminal in nature. Commissioner Schwartz asked if some of the teens were wearing ankle monitors. Sergeant Hanson noted that two calls were criminal in nature. Chairman Noyes requested a general example of other calls for service. Sergeant Hanson stated that other calls could be mental health, staff assistance, or different criminal in nature calls. Chairman Noyes asked how the calls to Hope House compared with calls to other group homes. Sergeant Hanson did not have this information. 90 Planning Commission Minutes – September 17, 2024 7 Mr. Maass reviewed the public safety calls since October 6, 2023 and a snapshot of the general vicinity to show what occurred in the neighborhood in the last thirty-one days. Chairman Noyes opened the public hearing. John Roers, 7451 Beacon Court, stated that there were twelve criteria for the conditional use permit and seven of the twelve requirements were not met. He said that Hope House detrimentally impacted the neighborhood. He reviewed the different ways he thought the criteria were not met. Jason Christensen, 3331 West 78th Street, reviewed how an incident impacted his family and himself. He stated that the incident brought anxiety, questions, and concerns. He noted an uptick in police vehicles in 2022, and that the house brought safety concerns. He said it applied to rules number one, four, and six of the conditional use permit. He noted that there were seven runaways from the house. Lisa Roers, 7451 Beacon Court, restated that seven of the conditional use permit factors were failing. He noted that Westwood seemed to see the positive side of the occasion and did not communicate about the worst-case scenario. She stated that many of the residents had probation officers and no neighbors received a letter about the project. She commented that the residents were criminals and were leaving their facility. She voiced concerns about building a facility for only two more beds, about communication with Westwood Church, and about home assessment values in neighborhoods with a group home. Chairman Noyes requested that the communication timeline be displayed. He asked about the timing of the communication and if it was typical to the city’s standards. Mr. Maass stated that the City Code does not require a neighborhood meeting but does encourage a neighborhood meeting to gather feedback and to work with neighbors. Chairman Noyes asked about the postcards and if they were reminders for the public hearing at the Planning Commission. Mr. Maass confirmed this information. Larry Ruby, 7561 Beacon Court, is a member of the Arbors Homeowners Association. He commented that he thought the conditional use permit should be denied. He provided a background of requirements for the Arbors Homeowners Association and stated that they r equire architectural design standards. He said that the design is commercial rather than residential, which is not compatible with the design of the nearby single-family residential homes. He commented that the police presence is unsettling. He questioned how they would be able to operate a larger facility. Debby Ruby, 7561 Beacon Court, voiced agreement with what had previously been shared. She expanded on the 911 calls to the sheriff. She stated that she found 21 calls to the sheriff. She reviewed the types of calls, including a threat to kill everyone, juveniles on probation, juveniles 91 Planning Commission Minutes – September 17, 2024 8 with ankle monitors, and juveniles who could be violent. She stated that the number of residents was showing as eight and asked about the process for Hope House to increase residential capacity since they had bedroom space. She asked what it would take for 180 Degrees to be licensed for a larger group of residents or if Hope House could utilize a different group to increase its residential facility. She voiced confusion about the cost of the renovations to only add two more beds. Haley Ness, 7591 Beacon Court, stated that she felt her family’s sense of security was being jeopardized with the expansion of the Hope House. Derek Schluender, 7521 Beacon Court, said that the Department of Human Services completes an audit of the facility every year. He reviewed the repeated violation of the Hope House. The violation was associated with training and onboarding promptly. He encouraged the Planning Commission to not pass the conditional use permit. Ryan Stinson, 3360 West 78th Street, voiced the importance of understanding the safety associated with the Hope House since it has a high probability of impacting the safety around it. Suchitra Sriram,7581 Beacon Court, voiced concerns about the safety in the neighborhood and how it impacted the perception of safety for her mother. Chairman Noyes closed the public hearing. Commissioner Schwartz asked if the conditional use permit items referenced by the residents were applicable in the annual review. Mr. Maass responded that the conditional use permit would be applicable with the annual review if it was in the City Code. He commented that the annual review does not require an action on behalf of the city. Commissioner Schwartz asked if any of the concerns raised by the residents were a part of the City Code. Mr. Maass reviewed the conditional use standards and the process followed by the city when considering the conditional use permit application. He stated that the original request was for sixteen beds and considered if there was capacity for these beds. This request was dropped to eight beds. Commissioner Schwartz asked if the concerns raised by the residents applied to the City Code concerning the existing facility. Mr. Maass stated that the existing facility is licensed by the state. Commissioner Schwartz asked if there was anything in the City Code that impacted the proposal. Mr. Maass said the existing property, with a capacity up to six persons, is a permitted use. 92 Planning Commission Minutes – September 17, 2024 9 Chairman Noyes stated that the residents expressed concerns about crime that could happen in the future. He commented that there were many calls within the operation of the business. He said that if the Planning Commission does not approve this site plan r eview, the Hope House can still operate in the current condition. Commissioner Schwartz said that the city cannot do anything about the alleged safety concerns, but if the city approves the conditional use permit and the alleged safety concerns continue, the city can take action in the annual review. Mr. Maass responded that the requirement for a group home over six people requires an annual public hearing. If there is a violation of a conditional use permit, the city does not need to wait for the annual review to consider revocation of a conditional use permit, if issued. Commissioner Schwartz stated that the neighbors would have more power if the conditional use permit was reviewed. Mr. Maass answered that the city could call for a revocation of the conditional use permit if the city had evidence of a violation of one of its conditions of approval. This would not revoke the permitted use. He stated that the group home would lose the ability to have eight individuals reside in the group home but could still have six individuals. Commissioner Goff said there are state records of the individuals in the home. He said that no one received the mailers since the radius is one-quarter of a mile. Mr. Maass responded that the city mailer was sent to the respective neighborhoods, even if it was more than one-quarter of a mile. He reviewed the general issuance standards and the conditional imposable on permits that the staff analyzes when an application is received. Chairman Noyes clarified that the site improvements would need to meet the standards, not the business of itself. Commissioner Schwartz clarified it was the facility that would need to meet the standards, not the use of the facility that would need to meet the standards. Commissioner Trevena asked about the zoning areas and how the proposed building did not meet the neighborhood aesthetics. Mr. Maass clarified that the Hope House was zoned rural residential. He said that the city does not have architectural standards for this zoning district, but staff reviewed the proposed elevations, and they are consistent with what to expect for a rural residential building. He said that the proposed construction material would match residential construction. Commissioner Rosengren said that on the surface of the application, it seems like it would help the teenagers better than the current facility. He stated that it seemed difficult to not approve this, as it meets the guidelines of the use of the property and what is in the scope of the Planning 93 Planning Commission Minutes – September 17, 2024 10 Commission. He encouraged sending a statement to the City Council to encourage more communication between the neighborhood and the organizations that manage the Hope House. Chairman Noyes clarified that the business does not need to meet the conditional use permit, but the site plan needs to meet the conditional use permit. Commissioner Goff said that there was no clear communication. He asked if there was a way to increase communication between the business and residents to improve relations and alleviate concerns. Chairman Noyes stated if they table the request, it does not change the Planning Commission’s abilities. He said that whether they recommend to approve or deny the request, Hope House will still operate there. Commissioner Schwartz said that the residents’ comments were on the record and that the City Council would see the comments. Chairman Noyes responded that the City Council meeting is on October 14 and the City Council has a larger purview. Mr. Maass reminded the Planning Commission that the city must act on a land-use application within 120 days. Commissioner Schwartz said that the site plan meets the conditional use standards. Commissioner Schwartz moved, Commissioner Rosengren seconded that the Chanhassen Planning Commission recommend the City Council approve the conditional use permit with the conditions as presented and the site plan for the construction of a group home with a capacity up to 8 persons located at 3010 W 78th Street, Excelsior, MN, and adopt the findings of fact and decision. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES DATED SEPTEMBER 3, 2024 Commissioner Goff moved, Commissioner Trevena seconded to approve the Chanhassen Planning Commission summary minutes dated September 3, 2024 as presented. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. CITY COUNCIL ACTION UPDATE: Eric Maass, Community Development Director, noted that the meeting on October 1 would likely be canceled. 94 Planning Commission Minutes – September 17, 2024 11 Commissioner Schwartz requested information about the Civic Campus project. Mr. Maass responded that the foundation work and the elevator shaft work was nearly complete. He stated that the city secured a grant to help with the costs of solar panels. Chairman Noyes asked if there was an analysis completed about how much money the city would save by utilizing solar. Mr. Maass stated that he would look into this and would report back. ADJOURNMENT: Commissioner Schwartz moved, Commissioner Trevena seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 8:11 p.m. Submitted by Eric Maass Community Development Director 95 Additional Public Comments Received 24-16 96 Ryan Stinson 3360 W 78th Street The Arbors Development Excelsior,MN 55331 9.16.24 Mayor:Elise Ryan -eryan@chanhassenmn.gov City Council Members: Mark Von Oven -mvonoven@chanhassenmn.gov Jerry McDonald -jmcdonald@chanhassenmn.gov Haley Schubert -hschubert@chanhassenmn.gov Josh Kimber -jkimber@chanhassenmn.gov Chanhassen City Hall 7700 Market Blvd Chanhassen,MN 55317 Dear Mayor Ryan and Members of the City Council, I write to you today as a deeply concerned resident of the Arbors development.Over the past year,our neighborhood was the site of an alarming and violent incident at the Hope House (Westwood Church)less than three months ago.That evening,as many of us returned home, we were greeted not by the peace and security we expect in Chanhassen,but by the sight of over 10 police cars and a SWAT team armed with assault rifles.This event and lack of response from Westwood church has left us questioning the safety of our neighborhood.Further infringing on this concern is the proposed development of the Hope House (Westwood Church)expanding from 4 beds to 16 beds in our backyards. This development undoubtedly will lead to an escalating pattern of violence with a profound impact on our community.The sense of security that drew us to this neighborhood has been shattered with the lack of response regarding the incident as well as the shogun deceptive neighborhood meeting we had with Westwood last week. We understand that shelters for troubled adolescents provide necessary services,but when those services come at the cost of our safety,it becomes an issue that can no longer be ignored. I implore you to take immediate action on stopping this development and focus on the issues impacting our neighborhood.The Hope House needs to focus on improving the operations of their existing facility to ensure the safety and security of our neighborhood,not building a new facility that will compound the threat to our families.Whether it’s through enhanced security measures,stricter oversight of local facilities,or more frequent communication between law enforcement and the community,something must be done before another violent incident occurs.Our neighborhood is on edge,and without decisive intervention,I fear it’s only a matter of time before these issues escalate further. 97 The residents of Arbors deserve to live without fear for our safety or the safety of our children. We need reassurance from our city leaders that our concerns are not falling on deaf ears.I respectfully ask that the Council and Mayor prioritize the security of the Arbors homeowners and address the ongoing threats that have unsettled our once-peaceful community. Thank you for your time and consideration.We eagerly await your response and,more importantly,decisive action. Sincerely, Ryan Stinson Resident of Arbors Development 98 From: The Wang-Mathur Family Sent: Tuesday, September 17, 2024 3:10:44 PM To: Ryan, Elise <eryan@chanhassenmn.gov>; DL City Council <Council@chanhassenmn.gov>; Jeske, Rachel <rjeske@chanhassenmn.gov> Subject: Comments for Sept 17th Chanhassen Planning Commission Meeting Case No. 2024-16 (CUP for Hope House Expansion) Dear Mayor Ryan, Chanhassen City Council, and Chanhassen Planning Commission Members, As residents of the Arbors community, we are writing to strongly oppose the approval of Conditional Use Permit (CUP) 2024-16 applied for by the Open Hands Foundation (OHF) to be implemented near the Westwood Church area for the Hope House expansion. Our reasons are based on the materials submitted to the City for approval, the history of the existing Hope House, and inconsistencies in the information provided by the OHF at the informational meeting held at Westwood Church on September 10, 2024. Since we are unable to attend tonight's Planning Commission Meeting in person due to travel and scheduling conflict with a school event, we are submitting our written comments here for the meeting tonight. We were one of the earliest residents of the Arbors community, moving here in 2010 before most of the homes were constructed. We decided to settle and raise our family here because of the walkability of the neighborhood for our kids and our aging parents, and for its close proximity to the Minnetonka School district. When Hope House opened eight years ago, we along with many neighbors had concerns over how little communication was provided by Westwood Church and OHF regarding the use of 3010 W 78th St for use as a teen shelter. We had zero information on the effectiveness of the intake process for accepting teens in crisis, nor the controls in place for the safety of the neighbors and Hope House's residents and staff. Nevertheless, we were sympathetic to its cause to provide shelter to teenagers in need and adopted a wait-and-see attitude about the impact Hope House had in our area. However, our current feelings about Hope House have changed, and particularly due to recent disturbing incidents and learning about OHF's plan for expansion of Hope House. We are struggling to have enough trust in OHF and the level of transparency with which it operates. According to the Hope House Senior Program Manager (Mr. CJ Hallman) at the Sept 10th informational meeting, there have been at least four "Level-1" critical incidents reported on the premises, with the last one in June 2024 which required numerous police vehicles and police officers with SWAT team capabilities to diffuse. This was extremely disturbing to us and others as our feelings of safety and security we had for our neighborhood have diminished significantly. We used to encourage our elderly parents to take their walks all the way from our home to Highway 41 along W 78th St., and our children also took walks or rode bikes using the same route. Following the June incident, we have warned our elderly parents and our teenage children to completely avoid the area near Hope House out of concern for their safety. We have also become more vigilant when driving past Hope House and keeping a closer eye on our surroundings when we walk outside of our home. 99 At no time did OHF reach out to the neighbors after what happened in June 2024 or attempt to allay any concerns we may have regarding the critical incidents involving so much law enforcement presence in our neighborhood. We believe that it acted in bad faith by not being forthright about the happenings in June and excluding neighbors in the impact study when they applied for the CUP for its expansion. In the Sept 10 meeting to the neighbors, OHF stated that their intent is to only house 8 residents, 1 per bedroom. However, their “Signed Application Hope House CUP” document states twice on page 3 that their intent is to double the number of teenagers served and that this is a foundational premise of the expansion in applying for this CUP. This is a discrepancy that cannot be easily overlooked. In addition, OHF representatives informed us during the meeting that all the teens served by Hope House were from Carver County. They also emphasized that they would not take in any teens who have criminal records of violence. However, a 10-month police report summary from Oct 2023 to Aug 2024 indicates that teens from various counties have been staying at Hope House, contrary to what OHF representatives have said. Furthermore, there were teens who were on probation, some wearing ankle monitors, and even a few who have made threats against staff and other residents--with the most serious one involving physical altercation with a knife in the June 2024 incident. Given all this eye-opening information that was not provided by OHF and Hope House representatives, it is difficult for us to trust that OHF will stick to their stated intention of only increasing the number of teens served to 8 as they had claimed in the meeting with the Arbors neighbors. Finally, we have serious concerns about Hope House's intake process for accepting at-risk teens as they have not been able to reliably keep their residents and staff safe. When asked by one of our neighbors what new processes have been put in place to mitigate the likelihood of another incident like the one in June from happening, the OHF and Hope House representatives were not able to answer this question clearly or satisfactorily. In our estimation, allowing the expansion of Hope House would have the following consequences: • When the number of residents increases from 6 to 16, with all things equal, combinatorial math would suggest that the probability of domestic conflict between any two teenagers would increase by a factor of 8, while the probability of risk to the community would linearly increase by over a factor of 2.6. • Since the previous Hope House structure will be renovated with flexible bedrooms/office and still be operational after the new structure is built, we are also concerned that the number of teenagers served could even exceed 16 at the discretion of OHF if they apply for new operating license with DHS since they have the physical capacities to room more teens (given the data provided by OHF about the number of teens served versus that they have to turn away, they have been under pressure to increase the number of teens they want to serve). Furthermore, it is hard to believe that they are willing to spend around 3.5 million dollars on this project just to ultimately increase the number of beds by 2, for a total of 8, as they earnestly told us at the Sept 10th neighbors meeting. Allowing the construction of a 8- bedroom structure is an enabler to significant capacity increase in the future. This increase will not require any public hearings. Therefore, the denial of the CUP is the Arbors residents’ last opportunity to oppose this development. 100 • Numerous real estate experts agree that property values are demonstrably reduced near teenage crisis centers. Buyers would not be considering this neighborhood if they were looking for a new home in this area and found out that there is a sizable teen crisis shelter a short walk from the neighborhood, especially if walkability is important to them. We expect our property values will be negatively impacted by the expansion of Hope House. We believe that these teenagers in crisis do require support resources in order to help them stay safe and protect them from the dangers of being homeless. We would ask the City to explore for better solutions, perhaps with Carver County and other surrounding counties, to provide safety and shelter to at-risk teens than allowing the expansion of a youth shelter that hasn't instilled much confidence and trust in a low-density residential neighborhood, potentially putting local residents at risk. Given our experience living in the Arbors for the last 14 years, the approval of this CUP to expand Hope House will have a significantly negative impact on the sense of safety and wellbeing of our neighborhood, and potentially depreciate property values in the area. Therefore, we ask the Chanhassion Planning Commission, the City Council and the Mayor to reject this CUP and not allow this project to proceed. Thank you, Priyadarshee D. Mathur and Ting-Hsien Wang 7531 Beacon Ct Excelsior, MN 55331 101 From: Kristi Langemo Sent: Monday, September 16, 2024 9:50:46 PM To: DL City Council <Council@chanhassenmn.gov> Cc: Ryan, Elise <eryan@chanhassenmn.gov> Subject: Hope House Concern To our Esteemed Mayor and City Council Members, My family lives at 7571 Beacon Ct, directly behind and overlooking Westwood church and the Hope House. After learning of the expansion plans and reviewing the lengthy crime report from the past 10 months I am extremely concerned about the expansion potential. We have two teenage daughters and we often see police lights at the house. After reviewing the plan details, our family is nervous about the Hope House doubling its capacity in such close proximity of our house. Even with a small current size, the amount of activity that has required law enforcement is startling. I am unable to attend the meeting tomorrow night, so I send this email outlining me concerns and in solidarity of those Arbors residents who will be in attendance tomorrow. I want to thank you in advance for doing your diligence to make certain this expansion is in the best interest of our city and our neighborhood. Kristi Langemo 102 City Council Item November 18, 2024 Item Receive Park and Recreation Commission Minutes dated September 24, 2024 File No.Item No: D.4 Agenda Section CONSENT AGENDA Prepared By Kate Vogt, Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Park and Recreation Commission minutes dated September 24, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 103 Park and Recreation Commission Minutes dated September 24, 2024 104 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES SEPTEMBER 24, 2024 Chair Peck called the meeting to order at 6:10 p.m. MEMBERS PRESENT: Jim Peck, Chair; Dan Eidsmo; Rob Swanson; Scott Pharis; Kristin Fulkerson; Michael Leisen; Sean Morgan; Clara Christenson, youth. MEMBERS ABSENT: Michael Leisen; Aayan Shrestha, youth. STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Adam Beers, Park Superintendent; Luke Kegley, Recreation Supervisor; Jodi Sarles, Rec Center Manager; Mary Blazanin, Senior Center Coordinator. PUBLIC PRESENT: None. APPROVAL OF AGENDA: Commissioner Fulkerson moved, Commissioner Eidsmo seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: 1. Chanhassen Farmers Market Presentation Holly Bustle presented an overview of the Chanhassen Farmers Market. APPROVAL OF MINUTES: 1. Approve Park & Recreation Minutes dated August 27, 2024 Commissioner Pharis moved, Commissioner Swanson seconded to approve the minutes of the Park and Recreation Commission meeting dated August 27, 2024 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. GENERAL BUSINESS: 1. 2024-2025 Ice Skating Rink Location Recommendations 105 Park and Recreation Commission Minutes – September 24, 2024 2 Luke Kegley, Recreation Supervisor, reviewed the 2024-2025 skating season and recommended flooding 11 ice rinks at six locations. He summarized the skating locations and the warming house hours. He explained the expenses associated with the skating rink maintenance, wages, and warming house rentals. Commissioner Fulkerson moved, Commissioner Eidsmo seconded to approve the Park and Recreation Commission Staff’s recommendation to the City Council to approve the following ice-skating rink locations and warming house hours be maintained for the 2024- 2025 season. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2. Pickleball Court Location Discussion Jerry Ruegemer, Park and Recreation Director, explained the requests that the Park and Recreation Department received to convert tennis courts to pickleball courts. He discussed the advantages and disadvantages of converting tennis courts to pickleball courts. He reviewed the current pickleball court and tennis court locations. He showed a video to demonstrate the noise associated with pickleball and explained the potential noise complaints of placing pickleball courts in a neighborhood. He commented that lawsuits about pickleball noise complaints do exist. Commissioner Eidsmo asked if there were regulations in Chanhassen related to the decibels of noise. Mr. Ruegemer answered that pickleball was recognized around 70 decibels. He stated that the sound of pickleball is annoying to residents. Commissioner Fulkerson stated that she lives two blocks from the Roundhouse pickleball courts and commented that they hear noise from the courts all day during the summer. Mr. Ruegemer suggested locating pickleball courts in community parks or at the recreation center to accommodate parking for pickleball games and to provide distance from residents to reduce concerns with the noise. Commissioner Pharis asked how much it cost to convert a tennis court to a pickleball court and how much it cost to put a pickleball court in from scratch. Adam Beers, Park Superintendent, answered that it cost around $1500 to convert a tennis court to a pickleball court. He commented that half of the pickleball population would complain about the height difference between a tennis net and a pickleball net. Mr. Ruegemer commented that to create four pickleball courts from scratch would be between $200,000 to $250,000. 106 Park and Recreation Commission Minutes – September 24, 2024 3 Mr. Beers stated that adding fencing, lights, and painting would be more than $200,000. Chair Peck asked about how many individuals played tennis and how many individuals played pickleball. Mr. Ruegemer answered that he did not know the exact number, but that pickleball is more popular. Commissioner Eidsmo asked about using the hockey courts as pickleball courts. Mr. Ruegemer responded that the conditions of the hockey courts was not suitable for a pickleball court. A skatepark would be relocated at the location of the hockey courts. Commissioner Morgan asked about the path of the motion and what action would occur. Mr. Ruegemer answered that the staff was seeking a recommendation from the Park and Recreation Commission so that the City Council could review the decision. The Park and Recreation Department is looking for clear direction moving forward. Commissioner Morgan questioned if there was an ideal ratio of pickleball and tennis courts. Mr. Ruegemer responded that they could meet the ideal ratio at the community parks through the creation of additional pickleball courts. Commissioner Morgan asked about a policy to set an ideal standard for the distance of a pickleball court to residents. Mr. Ruegemer answered that it is less likely to have a noise complaint in a community park, as many residents do not live directly near the parks. Commissioner Fulkerson stated that Roundhouse Park did not have a lot of parking, and the traffic had increased exponentially to access the pickleball courts. She commented that small neighborhood parks cannot accommodate the parking of pickleball. Commissioner Pharis asked how many pickleball courts would be at the new recreation center if it was approved. Mr. Ruegemer responded that there are nine proposed indoor courts. Commissioner Morgan suggested an amendment to the last clause to state “which will reduce noise complaints” because they cannot promise no noise complaints. He commented that there was a typo with the word ample. 107 Park and Recreation Commission Minutes – September 24, 2024 4 Commissioner Pharis moved, Commissioner Fulkerson seconded to approve the Park and Recreation Commission Staff’s recommendation to the City Council to approve that the city not convert neighborhood tennis courts to pickleball courts and adopt the practice of locating pickleball courts within Community Parks to create further distance from resident housing, which will reduce noise complaints, and where ample parking is more available. All voted in favor and the motion carried unanimously with a vote of 7 to 0. REPORTS: 1. 2024 Lake Ann Park Concession & Watercraft Rental Evaluation Luke Kegley, Recreation Supervisor, summarized the concession and boat rental services for summer 2025. He noted the successful partnership with Grey Duck Outdoor to provide, license, and maintain all paddleboards. He reviewed the concession stand and the partnership with Boba Tonka Bubble Tea, noting that the digital menu boards had a technical issue, but the concession stand sales were still successful. He provided an overview of the best-selling items at the concession stand. He commented that the lack of lifeguards and the weather impacted the attendance at Lake Ann. Commissioner Eidsmo asked for more information about the lifeguard decision. Mr. Kegley responded that Lake Ann was able to operate at a desired population. Mr. Ruegemer stated that Chanhassen did employment campaigns to hire lifeguards but was unsuccessful. The staff expected a dip in attendance without the lifeguards. He thought that the numbers would increase in a few years and noted the poor weather throughout the summer. He stated they received minimal complaints about the lack of lifeguards and received feedback about parents better engaging with their children in the water. Commissioner Christensen said that she worked at the Lake Ann Camp, and they were able to adjust without lifeguards. Mr. Ruegemer commented that they tried to find lifeguards and it is difficult to find lifeguards across the nation. 2. Recreation Center Quarterly Update Jodi Sarles, Rec Center Manager, stated that they had finished the summer cleaning. They purchased new plastic chairs, which the staff can clean better after birthday parties. The rec center also replaced a few pieces of exercise equipment, including a bike, a stair stepper, and two ellipticals. She reviewed different activities that occurred at the rec center and noted the successes and the attendance. She said that she hired a part-time staff member as a coordinator at the rec center. 108 Park and Recreation Commission Minutes – September 24, 2024 5 3. Park Maintenance Quarterly Update Adam Beers, Park Superintendent, explained how trail projects are normally determined. He said that with the increased road construction, they were able to build additional trails at 101 North because of the MnDOT road project. He commented that they were able to redo 101 South from Highway 5 to Lyman with the County Road project. He reviewed additional trails that were being fixed, including Bluff Creek Preserve, Stone Creek Park connection, Galpin Road project, and the South Lotus Lake Park. He provided an overview of the park maintenance that crews were completing. He recognized the importance of seasonal staff. Commissioner Fulkerson asked if they could put up QR codes for the see, click, fix so people can report needed maintenance. Mr. Beers responded that they would consider this suggestion. Commissioner Morgan asked if they were working with Shorewood to extend the Galpin Road trail project. Mr. Ruegemer answered that this extension had been discussed, but it had been challenging to figure out a funding source. He stated that they would find out where the project stood with Shorewood and provide a report. 4. Senior Center Quarterly Update Mary Blazanin, Senior Center Coordinator, reviewed the Senior Center programs and the impact from the summer slowdown and the relocation to the Chanhassen Recreation Center. She explained the challenges with the bus trips, including the higher fees for attendees. They had to cancel a few trips for a lack of enrollment. She summarized the attendance for the different educational workshops, educational speakers, lunch and learn with Mayor Ryan, and activity groups. She provided updates from the Commission on Aging. COMMISSION MEMBER COMMITTEE REPORTS: None. COMMISSION MEMBER PRESENTATIONS: Commissioner Fulkerson presented information about the Windjammers Synchronized Skating Program, which held a retreat at Lake Ann Park. Commissioner Morgan presented information about electric bikes and noted different digital messages about safety recommendations. He asked about potential positive reinforcements or messages to encourage safety with electric bikes in a formalized manner. Chair Peck asked if the city had any ordinances. 109 Park and Recreation Commission Minutes – September 24, 2024 6 Commissioner Fulkerson said that people are supposed to be fifteen to ride the bikes, but it was not an ordinance. Mr. Ruegemer reviewed potential issues with electric bikes and noted different regulations that could be imposed. ADMINISTRATIVE PRESENTATIONS: None. ADJOURNMENT: Commissioner Eidsmo moved, Commissioner Pharis seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission meeting was adjourned at 7:47 p.m. Submitted by Jerry Ruegemer Park and Recreation Director 110 City Council Item November 18, 2024 Item Approve Claims Paid dated November 18, 2024 File No.Item No: D.5 Agenda Section CONSENT AGENDA Prepared By Danielle Washburn, Assistant Finance Director Reviewed By Kelly Grinnell SUGGESTED ACTION "The Chanhassen City Council Approves Claims Paid dated November 18, 2024." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY BACKGROUND DISCUSSION The following claims are submitted for review and approval on November 18, 2024: Total Claims $4,108,200.22 BUDGET RECOMMENDATION 111 ATTACHMENTS Payment Summary Payment Detail 112 Accounts Payable Checks by Date - Summary Vendor Name Check Date Void Checks Check Amount AMBER PASS 10/23/2024 0.00 130.88 Ana Fatturi 10/23/2024 0.00 217.75 CenturyLink 10/23/2024 0.00 62.20 GENERAL MILLS, INC SITE CM4600 10/23/2024 0.00 29,705.92 Marco Inc 10/23/2024 0.00 735.00 Mary Blazanin 10/23/2024 0.00 148.22 Matt Kerr 10/23/2024 0.00 879.84 MN VALLEY ELECTRIC COOP 10/23/2024 0.00 123.11 Park Construction Co 10/23/2024 0.00 1,055,043.76 Potentia MN Solar 10/23/2024 0.00 10,479.11 XCEL ENERGY INC 10/23/2024 0.00 4,322.74 Advanced Engineering & Environmental Services, LLC 10/24/2024 0.00 3,050.00 ALERT ALL CORPORATION 10/24/2024 0.00 1,300.00 ARAMARK Refreshment Services, LLC 10/24/2024 0.00 123.28 BORDER STATES ELECTRIC SUPPLY 10/24/2024 0.00 622.97 BRAUN INTERTEC CORPORATION 10/24/2024 0.00 16,989.00 CAMPBELL KNUTSON 10/24/2024 0.00 18,871.24 DAKOTA SUPPLY GROUP 10/24/2024 0.00 1,000.95 Daniel Rademacher 10/24/2024 0.00 360.00 ECM PUBLISHERS INC 10/24/2024 0.00 141.05 FACTORY MOTOR PARTS COMPANY 10/24/2024 0.00 294.22 Ferguson Waterworks #2518 10/24/2024 0.00 50.50 Grey Duck Outdoor 10/24/2024 0.00 2,502.90 HANSEN THORP PELLINEN OLSON 10/24/2024 0.00 6,311.50 Innovative Office Solutions LLC 10/24/2024 0.00 197.34 James Company Homes Inc 10/24/2024 0.00 750.00 Juli Al-Hilwani 10/24/2024 0.00 487.50 Loch Monster Plumbing, LLC 10/24/2024 0.00 971.84 MOTOROLA Solutions, Inc 10/24/2024 0.00 20,979.36 MTI DISTRIBUTING INC 10/24/2024 0.00 322.51 NAPA AUTO & TRUCK PARTS 10/24/2024 0.00 339.32 Nuss Truck & Equipment 10/24/2024 0.00 148.64 PAUL PALMER 10/24/2024 0.00 264.24 Precision Utilities 10/24/2024 0.00 5,120.00 Reem Danial 10/24/2024 0.00 361.20 SMSC Organics Recycling Facility 10/24/2024 0.00 6,510.60 Tom Marcsisak 10/24/2024 0.00 411.04 TRAFFIC CONTROL CORPORATION 10/24/2024 0.00 340.00 Twin Cities Transport & Recovery, Inc 10/24/2024 0.00 500.00 Warning Lites of Minnesota, Inc. 10/24/2024 0.00 537.50 WATSON COMPANY 10/24/2024 0.00 585.21 ZARNOTH BRUSH WORKS INC 10/24/2024 0.00 2,352.15 CCP NI MASTER TENANT 4 LLC 10/30/2024 0.00 4,730.03 CENTURYLINK 10/30/2024 0.00 1,755.33 Page 1 of 4 113 Vendor Name Check Date Void Checks Check Amount IUOE Local #49 10/30/2024 0.00 770.00 MN NCPERS LIFE INSURANCE 10/30/2024 0.00 144.00 MN VALLEY ELECTRIC COOP 10/30/2024 0.00 7,350.00 VERIZON WIRELESS 10/30/2024 0.00 6,591.34 XCEL ENERGY INC 10/30/2024 0.00 14,835.64 XCEL ENERGY INC 10/30/2024 0.00 22,482.33 ALEX AIR APPARATUS 2 LLC 10/31/2024 0.00 311.04 ARAMARK Refreshment Services, LLC 10/31/2024 0.00 1,338.76 Boarman Kroos Vogel Group Inc 10/31/2024 0.00 34,383.88 Boyer Ford Trucks 10/31/2024 0.00 124.95 Brian McCarthy 10/31/2024 0.00 7,300.00 C and S Management Company Inc 10/31/2024 0.00 8,654.50 Carver County 10/31/2024 0.00 38,910.00 CEMSTONE PRODUCTS CO 10/31/2024 0.00 533.50 Chappell Central Inc 10/31/2024 0.00 130,710.50 CITY OF CHASKA 10/31/2024 0.00 622.18 Collins Engineers Inc 10/31/2024 0.00 3,500.00 Colonial Life & Accident Insurance Co 10/31/2024 0.00 189.54 COMPUTER INTEGRATION TECHN. 10/31/2024 0.00 815.20 Ebert Inc 10/31/2024 0.00 16,743.75 ECM PUBLISHERS INC 10/31/2024 0.00 330.46 EMERGENCY APPARATUS MAINT. INC 10/31/2024 0.00 418.19 Ferguson Waterworks #2518 10/31/2024 0.00 50.50 GMH ASPHALT CORP 10/31/2024 0.00 72,374.76 Grazzini Brothers & Company 10/31/2024 0.00 3,610.00 HANSEN THORP PELLINEN OLSON 10/31/2024 0.00 531.00 HAWKINS CHEMICAL 10/31/2024 0.00 60.00 HOISINGTON KOEGLER GROUP 10/31/2024 0.00 1,840.00 Kelleher Construction, Inc 10/31/2024 0.00 254,794.75 KELLINGTON CONSTRUCTION 10/31/2024 0.00 10,440.50 Kendell Doors & Hardware, LLC 10/31/2024 0.00 4,625.00 KIMLEY HORN AND ASSOCIATES INC 10/31/2024 0.00 138,161.26 Kraus-Anderson Construction Company 10/31/2024 0.00 81,233.74 LAKETOWN ELECTRIC CORPORATION 10/31/2024 0.00 42,750.00 LEAGUE OF MINNESOTA CITIES 10/31/2024 0.00 150.00 LEAGUE OF MN CITIES INS TRUST 10/31/2024 0.00 5,000.00 LYMAN LUMBER 10/31/2024 0.00 545.84 Mesenbrink Construction and Engineering Inc 10/31/2024 0.00 24,244.19 Metro Garage Door Company 10/31/2024 0.00 785.00 Minnesota Roadways Co 10/31/2024 0.00 26,828.95 Minnesota Safety Council 10/31/2024 0.00 874.00 Molin Concrete Products Co, Inc. 10/31/2024 0.00 42,508.52 NAPA AUTO & TRUCK PARTS 10/31/2024 0.00 215.38 PETER & LYNN POLINGO 10/31/2024 0.00 96.78 Ramsey Excavating Company 10/31/2024 0.00 190,517.17 SEH 10/31/2024 0.00 5,095.64 Senja Inc 10/31/2024 0.00 128.00 Sophia Martin 10/31/2024 0.00 91.00 Sun Life Financial 10/31/2024 0.00 3,763.00 Top Line Steel Corporation 10/31/2024 0.00 10,925.00 UHL Company Inc 10/31/2024 0.00 362.00 Val Roder / Olivine Yoga LLC 10/31/2024 0.00 200.00 WM MUELLER & SONS INC 10/31/2024 0.00 1,315.74 Page 2 of 4 114 Vendor Name Check Date Void Checks Check Amount Anne Jeske 11/06/2024 0.00 5,559.53 Marco Inc 11/06/2024 0.00 1,010.00 American Family Life Assurance Company of Columbus 11/07/2024 0.00 124.80 Beaudry Oil & Service Inc 11/07/2024 0.00 19,029.32 BORDER STATES ELECTRIC SUPPLY 11/07/2024 0.00 500.00 Boyer Ford Trucks 11/07/2024 0.00 59.76 Brad Willmsen 11/07/2024 0.00 500.00 Carver County 11/07/2024 0.00 1,450.00 Centerpoint Energy 11/07/2024 0.00 716.86 Cintas Corporation No. 2 11/07/2024 0.00 197.88 Cleaning Solutions Services 11/07/2024 0.00 8,147.20 COMPUTER INTEGRATION TECHN. 11/07/2024 0.00 150.00 CORE & MAIN LP 11/07/2024 0.00 9,076.02 DALCO ENTERPRISES, INC. 11/07/2024 0.00 1,514.17 David Jones 11/07/2024 0.00 125.00 DELEGARD TOOL COMPANY 11/07/2024 0.00 110.60 Dultmeier Sales LLC 11/07/2024 0.00 103.69 Duramax Holdings LLC 11/07/2024 0.00 4,605.00 Earl F Andersen Inc 11/07/2024 0.00 301.85 ECM PUBLISHERS INC 11/07/2024 0.00 68.51 EGAN COMPANY 11/07/2024 0.00 1,366.08 EMERGENCY APPARATUS MAINT. INC 11/07/2024 0.00 1,235.70 FACTORY MOTOR PARTS COMPANY 11/07/2024 0.00 222.22 FASTENAL COMPANY 11/07/2024 0.00 1,004.88 Ferguson Waterworks #2518 11/07/2024 0.00 6,540.09 GONYEA HOMES 11/07/2024 0.00 19,900.00 GRAYBAR 11/07/2024 0.00 415.68 GREEN MEADOWS INC 11/07/2024 0.00 386.92 Guard Guys, LLC 11/07/2024 0.00 111.80 Holton Electric Contractors LLC 11/07/2024 0.00 4,569.91 Hydro-Klean LLC 11/07/2024 0.00 11,067.50 Innovative Office Solutions LLC 11/07/2024 0.00 151.41 James Company Homes Inc 11/07/2024 0.00 1,500.00 JEFFERSON FIRE SAFETY INC 11/07/2024 0.00 1,955.39 K2 Electrical Services Inc 11/07/2024 0.00 687.00 Karen Jeapes 11/07/2024 0.00 403.97 KATH FUEL OIL SERVICE 11/07/2024 0.00 630.00 KENNEDY & GRAVEN, CHARTERED 11/07/2024 0.00 297.00 LAKETOWN ELECTRIC CORPORATION 11/07/2024 0.00 562.03 Macqueen Emergency Group 11/07/2024 0.00 4,120.00 MACQUEEN EQUIPMENT 11/07/2024 0.00 894.08 METRO CONCRETE RAISING 11/07/2024 0.00 2,800.00 Minnesota UC Fund 11/07/2024 0.00 1,450.00 Minuteman Press 11/07/2024 0.00 55.00 MOR Golf and Utiliity Inc 11/07/2024 0.00 560.00 NAPA AUTO & TRUCK PARTS 11/07/2024 0.00 26.50 Natural Shore Technologies, Inc. 11/07/2024 0.00 10,793.00 NORBLOM PLUMBING CO 11/07/2024 0.00 2.50 North American Safety, Inc. 11/07/2024 0.00 159.88 NORTHWEST ASPHALT INC 11/07/2024 0.00 72,868.81 NORTHWESTERN POWER EQUIP CO 11/07/2024 0.00 6,166.50 O'Reilly Automotive Inc 11/07/2024 0.00 125.18 POMP'S TIRE SERVICE INC 11/07/2024 0.00 297.59 Page 3 of 4 115 Vendor Name Check Date Void Checks Check Amount PRECISE MRM LLC 11/07/2024 0.00 294.00 Ready Watt Electric 11/07/2024 0.00 7,160.00 SM HENTGES & SONS 11/07/2024 0.00 1,429,130.68 SOUTHWEST CORRIDOR TRANS COAL 11/07/2024 0.00 3,500.00 SUBURBAN CHEVROLET 11/07/2024 0.00 5.64 TimeSaver Off Site Secretarial, Inc 11/07/2024 0.00 501.00 TOWMASTER INC 11/07/2024 0.00 49.74 TWIN CITIES & WESTERN RR CO 11/07/2024 0.00 34,679.49 Vertex Unmanned Solutions, LLC 11/07/2024 0.00 199.00 Waste Management of Minnesota, Inc 11/07/2024 0.00 263.69 Water Conservation Services, Inc. 11/07/2024 0.00 360.13 WM MUELLER & SONS INC 11/07/2024 0.00 72.61 WSB & ASSOCIATES INC 11/07/2024 0.00 3,000.00 Report Total:0.00 4,108,200.22 Page 4 of 4 116 AP Check Detail User: dwashburn@chanhassenmn.gov Printed: 11/13/2024 8:46:41 AM Last Name Acct 1 Amount Check Date Description Advanced Engineering & Environmental Services, LLC 701-0000-4300 1,525.00 10/24/2024 well SCADA and LS support Advanced Engineering & Environmental Services, LLC 700-0000-4300 1,525.00 10/24/2024 well SCADA and LS support 3,050.00 10/24/2024 Advanced Engineering & Environmental Services, LLC 3,050.00 ALERT ALL CORPORATION 101-1220-4144 1,300.00 10/24/2024 Open House Items 1,300.00 10/24/2024 ALERT ALL CORPORATION 1,300.00 ALEX AIR APPARATUS 2 LLC 101-1220-4530 311.04 10/31/2024 Quarterly Compressor air test 311.04 10/31/2024 ALEX AIR APPARATUS 2 LLC 311.04 Al-Hilwani Juli 101-1539-4343 150.00 10/24/2024 Beginner Pickleball Beyond Beginner Pickleball Al-Hilwani Juli 101-1530-4347 337.50 10/24/2024 5 pack Bode 5 pack Flolid 487.50 10/24/2024 Al-Hilwani Juli 487.50 American Family Life Assurance Company of Columbus 101-0000-2008 124.80 11/7/2024 October premium AP - Check Detail (11/13/2024)Page 1 of 30 117 Last Name Acct 1 Amount Check Date Description 124.80 11/7/2024 American Family Life Assurance Company of Columbus 124.80 ARAMARK Refreshment Services, LLC 101-1120-4110 61.64 10/24/2024 Public Works Coffee and Filter ARAMARK Refreshment Services, LLC 101-1120-4110 61.64 10/24/2024 City Hall Coffee and Filter 123.28 10/24/2024 ARAMARK Refreshment Services, LLC 101-1120-4110 153.11 10/31/2024 Public Works Coffee Order ARAMARK Refreshment Services, LLC 101-1120-4110 131.58 10/31/2024 Fire Station Coffee Order ARAMARK Refreshment Services, LLC 101-1120-4110 744.69 10/31/2024 Coffee Order for Front Desk and Building Dept ARAMARK Refreshment Services, LLC 101-1120-4110 309.38 10/31/2024 Water Filter City of Chanhassen 1,338.76 10/31/2024 ARAMARK Refreshment Services, LLC 1,462.04 Beaudry Oil & Service Inc 101-1370-4170 10,340.51 11/7/2024 fuel Beaudry Oil & Service Inc 101-1370-4170 8,688.81 11/7/2024 fuel 19,029.32 11/7/2024 Beaudry Oil & Service Inc 19,029.32 Blazanin Mary 101-1560-4342 61.93 10/23/2024 Mississippi Boat Trip - lunch costs Blazanin Mary 101-1560-4112 60.29 10/23/2024 Mayor's lunch - food Blazanin Mary 101-1560-4120 26.00 10/23/2024 small dollies - furniture/equip. movers 148.22 10/23/2024 Blazanin Mary 148.22 Boarman Kroos Vogel Group Inc 414-4011-4300 17,983.22 10/31/2024 Civic Campus Planning & LA Services Boarman Kroos Vogel Group Inc 414-4011-4300 16,400.66 10/31/2024 Civic Campus Planning & LA Services 34,383.88 10/31/2024 AP - Check Detail (11/13/2024)Page 2 of 30 118 Last Name Acct 1 Amount Check Date Description Boarman Kroos Vogel Group Inc 34,383.88 BORDER STATES ELECTRIC SUPPLY 701-0000-4551 622.97 10/24/2024 sewer supplies 622.97 10/24/2024 BORDER STATES ELECTRIC SUPPLY 701-0000-4551 500.00 11/7/2024 lift station supplies 500.00 11/7/2024 BORDER STATES ELECTRIC SUPPLY 1,122.97 Boyer Ford Trucks 101-1320-4140 124.95 10/31/2024 Air Dryer Cartridge & Maintenance Kit 124.95 10/31/2024 Boyer Ford Trucks 101-1550-4120 59.76 11/7/2024 Mower Parts 59.76 11/7/2024 Boyer Ford Trucks 184.71 BRAUN INTERTEC CORPORATION 414-4010-4303 16,989.00 10/24/2024 Civic Campus Material Testing 16,989.00 10/24/2024 BRAUN INTERTEC CORPORATION 16,989.00 C and S Management Company Inc 414-4010-4702 8,654.50 10/31/2024 C&S Pay App #2 Civic Campus 8,654.50 10/31/2024 C and S Management Company Inc 8,654.50 CAMPBELL KNUTSON 601-6040-4701 1,024.52 10/24/2024 Galpin ROW 50% County CAMPBELL KNUTSON 601-6140-4701 1,024.52 10/24/2024 Galpin ROW 50% City CAMPBELL KNUTSON 101-1140-4302 16,822.20 10/24/2024 Legal Services-September 2024 AP - Check Detail (11/13/2024)Page 3 of 30 119 Last Name Acct 1 Amount Check Date Description 18,871.24 10/24/2024 CAMPBELL KNUTSON 18,871.24 Carver County 101-1210-4506 38,910.00 10/31/2024 3rd Quarter 2024 Police Contract OT 38,910.00 10/31/2024 Carver County 700-1160-4326 750.00 11/7/2024 Carverlink Dark Fiber - Utilities Carver County 700-1160-4326 700.00 11/7/2024 CarverLink Internet & Dark Fiber Svcs - Nov 1,450.00 11/7/2024 Carver County 40,360.00 CCP NI MASTER TENANT 4 LLC 101-1550-4320 252.63 10/30/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1350-4320 2,014.54 10/30/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 701-0000-4320 881.94 10/30/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 700-7019-4320 1,168.00 10/30/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1120-1193 82.32 10/30/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1600-4320 19.62 10/30/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 700-0000-4320 70.15 10/30/2024 Electric Charges CCP NI MASTER TENANT 4 LLC 101-1540-4320 240.83 10/30/2024 Electric Charges 4,730.03 10/30/2024 CCP NI MASTER TENANT 4 LLC 4,730.03 CEMSTONE PRODUCTS CO 720-7207-4150 533.50 10/31/2024 concrete for storm water repair 533.50 10/31/2024 CEMSTONE PRODUCTS CO 533.50 Centerpoint Energy 720-7207-4570 716.86 11/7/2024 hit /damage to CenterPoint energy stormwater project 716.86 11/7/2024 AP - Check Detail (11/13/2024)Page 4 of 30 120 Last Name Acct 1 Amount Check Date Description Centerpoint Energy 716.86 CenturyLink 700-7043-4310 62.20 10/23/2024 Telephone & Communication Charges 62.20 10/23/2024 CENTURYLINK 101-1120-4310 49.50 10/30/2024 Telephone & Communication Charges CENTURYLINK 701-0000-4310 6.19 10/30/2024 Telephone & Communication Charges CENTURYLINK 101-1190-4310 124.08 10/30/2024 Telephone & Communication Charges CENTURYLINK 101-1170-4310 821.20 10/30/2024 Telephone & Communication Charges CENTURYLINK 700-0000-4310 6.19 10/30/2024 Telephone & Communication Charges CENTURYLINK 101-1550-4310 30.94 10/30/2024 Telephone & Communication Charges CENTURYLINK 701-0000-4310 15.56 10/30/2024 Telephone & Communication Charges CENTURYLINK 101-1160-4325 250.87 10/30/2024 Telephone & Communication Charges CENTURYLINK 101-1160-4325 125.88 10/30/2024 Telephone & Communication Charges CENTURYLINK 700-0000-4310 15.56 10/30/2024 Telephone & Communication Charges CENTURYLINK 700-7019-4310 216.38 10/30/2024 Telephone & Communication Charges CENTURYLINK 101-1350-4310 30.94 10/30/2024 Telephone & Communication Charges CENTURYLINK 101-1540-4310 62.04 10/30/2024 Telephone & Communication Charges 1,755.33 10/30/2024 CENTURYLINK 1,817.53 Chappell Central Inc 414-4010-4702 130,710.50 10/31/2024 Chappell Pay App #1 Civic Campus 130,710.50 10/31/2024 Chappell Central Inc 130,710.50 Cintas Corporation No. 2 101-1312-4510 107.18 11/7/2024 first aid supplies Cintas Corporation No. 2 101-1550-4300 90.70 11/7/2024 Medical Cabinet supplies @ Park Shed 197.88 11/7/2024 Cintas Corporation No. 2 197.88 CITY OF CHASKA 101-1560-4349 325.00 10/31/2024 Bus costs CITY OF CHASKA 101-1560-4342 297.18 10/31/2024 Tickets/meal AP - Check Detail (11/13/2024)Page 5 of 30 121 Last Name Acct 1 Amount Check Date Description 622.18 10/31/2024 CITY OF CHASKA 622.18 Cleaning Solutions Services 101-1312-4511 514.19 11/7/2024 Cleaning services-October Cleaning Solutions Services 101-1170-4511 3,198.15 11/7/2024 Cleaning servcies-October Cleaning Solutions Services 701-0000-4511 64.27 11/7/2024 Cleaning services-October Cleaning Solutions Services 101-1220-4511 257.09 11/7/2024 Cleaning services-October Cleaning Solutions Services 700-0000-4511 64.27 11/7/2024 Cleaning services-October Cleaning Solutions Services 101-1190-4511 4,049.23 11/7/2024 Cleaning services-October 8,147.20 11/7/2024 Cleaning Solutions Services 8,147.20 Collins Engineers Inc 101-1320-4547 3,500.00 10/31/2024 PW117D Bridge Inspections 3,500.00 10/31/2024 Collins Engineers Inc 3,500.00 Colonial Life & Accident Insurance Co 701-0000-2008 45.84 10/31/2024 October premium Colonial Life & Accident Insurance Co 700-0000-2008 106.50 10/31/2024 October premium Colonial Life & Accident Insurance Co 101-0000-2008 37.20 10/31/2024 October premium 189.54 10/31/2024 Colonial Life & Accident Insurance Co 189.54 COMPUTER INTEGRATION TECHN.101-1160-4211 494.00 10/31/2024 Datto Monthly O365 Backup Service - Nov COMPUTER INTEGRATION TECHN.101-1160-4211 321.20 10/31/2024 O365 Add On Licenses - Oct 815.20 10/31/2024 COMPUTER INTEGRATION TECHN.101-1160-4205 150.00 11/7/2024 SSL Certificate Renewal - Wireless 150.00 11/7/2024 AP - Check Detail (11/13/2024)Page 6 of 30 122 Last Name Acct 1 Amount Check Date Description COMPUTER INTEGRATION TECHN. 965.20 CORE & MAIN LP 700-7043-4160 968.83 11/7/2024 west treatment plant chemicals CORE & MAIN LP 701-0000-4551 538.36 11/7/2024 sewer repair parts CORE & MAIN LP 700-7019-4160 968.83 11/7/2024 east treatment plant chemicals CORE & MAIN LP 700-0000-4550 6,600.00 11/7/2024 water valve box 9,076.02 11/7/2024 CORE & MAIN LP 9,076.02 DAKOTA SUPPLY GROUP 700-0000-4550 1,000.95 10/24/2024 fire hydrant extension 1,000.95 10/24/2024 DAKOTA SUPPLY GROUP 1,000.95 DALCO ENTERPRISES, INC.101-1120-4110 1,107.85 11/7/2024 Restroom Supplies DALCO ENTERPRISES, INC.101-1120-4110 406.32 11/7/2024 Restroom Supplies 1,514.17 11/7/2024 DALCO ENTERPRISES, INC. 1,514.17 Danial Reem 101-1539-4343 361.20 10/24/2024 Zumba Instruction 361.20 10/24/2024 Danial Reem 361.20 DELEGARD TOOL COMPANY 101-1370-4260 110.60 11/7/2024 tools 110.60 11/7/2024 DELEGARD TOOL COMPANY 110.60 Dultmeier Sales LLC 101-1320-4120 103.69 11/7/2024 spray wand flanges strainers AP - Check Detail (11/13/2024)Page 7 of 30 123 Last Name Acct 1 Amount Check Date Description 103.69 11/7/2024 Dultmeier Sales LLC 103.69 Duramax Holdings LLC 101-1550-4150 4,605.00 11/7/2024 Delayed delivery trash receptacles for park system 4,605.00 11/7/2024 Duramax Holdings LLC 4,605.00 Earl F Andersen Inc 101-1320-4155 301.85 11/7/2024 signs for the rec center project 301.85 11/7/2024 Earl F Andersen Inc 301.85 Ebert Inc 414-4010-4702 16,743.75 10/31/2024 Ebert Pay App #3 Civic Campus 16,743.75 10/31/2024 Ebert Inc 16,743.75 ECM PUBLISHERS INC 101-1110-4336 76.57 10/24/2024 Publication of Ord 734 ECM PUBLISHERS INC 101-1110-4336 64.48 10/24/2024 Publication of Ord 733 141.05 10/24/2024 ECM PUBLISHERS INC 701-0000-4336 151.13 10/31/2024 PH Notice-Delinquent Utilities ECM PUBLISHERS INC 700-0000-4336 151.12 10/31/2024 PH Notice-Delinquent Utilities ECM PUBLISHERS INC 101-1250-4300 28.21 10/31/2024 PH Notice-Delinquent Code Violations 330.46 10/31/2024 ECM PUBLISHERS INC 101-1180-4336 28.21 11/7/2024 Publication for Public Accuracy Test Elections ECM PUBLISHERS INC 101-1120-4336 40.30 11/7/2024 Publication of PH for OG Coffee & Wine Bar 68.51 11/7/2024 AP - Check Detail (11/13/2024)Page 8 of 30 124 Last Name Acct 1 Amount Check Date Description ECM PUBLISHERS INC 540.02 EGAN COMPANY 101-1312-4510 1,366.08 11/7/2024 RTU maintenance 1,366.08 11/7/2024 EGAN COMPANY 1,366.08 EMERGENCY APPARATUS MAINT. INC 101-1220-4120 418.19 10/31/2024 Rack Brackets 418.19 10/31/2024 EMERGENCY APPARATUS MAINT. INC 101-1220-4120 1,235.70 11/7/2024 Kussmaul Auto Charge 1,235.70 11/7/2024 EMERGENCY APPARATUS MAINT. INC 1,653.89 FACTORY MOTOR PARTS COMPANY 101-1220-4140 -799.08 10/24/2024 Battery Warranty FACTORY MOTOR PARTS COMPANY 101-1320-4140 23.77 10/24/2024 battery FACTORY MOTOR PARTS COMPANY 101-1320-4120 54.96 10/24/2024 brake clean FACTORY MOTOR PARTS COMPANY 101-1550-4120 54.96 10/24/2024 brake clean FACTORY MOTOR PARTS COMPANY 700-0000-4120 54.96 10/24/2024 brake clean FACTORY MOTOR PARTS COMPANY 101-1550-4140 108.80 10/24/2024 batterys FACTORY MOTOR PARTS COMPANY 700-0000-4120 266.36 10/24/2024 Battery Core FACTORY MOTOR PARTS COMPANY 101-1550-4140 111.11 10/24/2024 Battery Core FACTORY MOTOR PARTS COMPANY 101-1312-4530 418.38 10/24/2024 Floor Scrubber 294.22 10/24/2024 FACTORY MOTOR PARTS COMPANY 101-1370-4170 222.22 11/7/2024 DEF Fluid 222.22 11/7/2024 FACTORY MOTOR PARTS COMPANY 516.44 FASTENAL COMPANY 700-0000-4550 1,004.88 11/7/2024 water supplies AP - Check Detail (11/13/2024)Page 9 of 30 125 Last Name Acct 1 Amount Check Date Description 1,004.88 11/7/2024 FASTENAL COMPANY 1,004.88 Fatturi Ana 101-1220-4381 217.75 10/23/2024 Mileage to MSFCA Conference in Duluth 217.75 10/23/2024 Fatturi Ana 217.75 Ferguson Waterworks #2518 700-0000-4550 50.50 10/24/2024 well 13 50.50 10/24/2024 Ferguson Waterworks #2518 700-0000-4550 50.50 10/31/2024 water supplies 50.50 10/31/2024 Ferguson Waterworks #2518 701-0000-4551 110.10 11/7/2024 sewer repair supplies Ferguson Waterworks #2518 700-0000-4550 305.58 11/7/2024 water supplies Ferguson Waterworks #2518 700-0000-4250 6,124.41 11/7/2024 water meter 6,540.09 11/7/2024 Ferguson Waterworks #2518 6,641.09 GENERAL MILLS, INC SITE CM4600 700-0000-2020 29,705.92 10/23/2024 Refund Check 008387-001, 8000 AUDUBON ROAD 29,705.92 10/23/2024 GENERAL MILLS, INC SITE CM4600 29,705.92 GMH ASPHALT CORP 420-1310-4710 72,374.76 10/31/2024 2024 Trail Improvements 72,374.76 10/31/2024 AP - Check Detail (11/13/2024)Page 10 of 30 126 Last Name Acct 1 Amount Check Date Description GMH ASPHALT CORP 72,374.76 GONYEA HOMES 101-0000-2073 3,300.00 11/7/2024 Erosion escrow 9527 Eagle Ridge Rd #552592 GONYEA HOMES 101-0000-2073 3,100.00 11/7/2024 Erosion escrow 9367 Eagle Ridge Way #560691 GONYEA HOMES 101-0000-2073 2,650.00 11/7/2024 Erosion escrow 9335 Eagle Ridge Rd #536667 GONYEA HOMES 101-0000-2073 3,100.00 11/7/2024 Erosion escrow 9351 Eagle Ridge Way #563914 GONYEA HOMES 101-0000-2073 4,250.00 11/7/2024 Erosion escrow 9447 Eagle Ridge Way #552598 GONYEA HOMES 101-0000-2073 3,500.00 11/7/2024 Erosion escrow 9431 Eagle Ridge Way #557332 19,900.00 11/7/2024 GONYEA HOMES 19,900.00 GRAYBAR 101-1350-4120 415.68 11/7/2024 street light 415.68 11/7/2024 GRAYBAR 415.68 Grazzini Brothers & Company 414-4010-4702 3,610.00 10/31/2024 Grazzini Pay App #2 Civic Campus 3,610.00 10/31/2024 Grazzini Brothers & Company 3,610.00 GREEN MEADOWS INC 101-1250-1193 386.92 11/7/2024 Code Enforcement- Lawn Mowing 386.92 11/7/2024 GREEN MEADOWS INC 386.92 Grey Duck Outdoor 101-1540-3635 2,502.90 10/24/2024 Paddleboard Rentals from Grey Duck Outdoor 2,502.90 10/24/2024 Grey Duck Outdoor 2,502.90 AP - Check Detail (11/13/2024)Page 11 of 30 127 Last Name Acct 1 Amount Check Date Description Guard Guys, LLC 101-1120-4352 111.80 11/7/2024 background checks 111.80 11/7/2024 Guard Guys, LLC 111.80 HANSEN THORP PELLINEN OLSON 420-1310-4303 2,776.50 10/24/2024 Chanhassen Trail/Walk HANSEN THORP PELLINEN OLSON 101-1310-4300 608.00 10/24/2024 Standard Detail Plate-Drafting HANSEN THORP PELLINEN OLSON 701-7059-4303 2,927.00 10/24/2024 Lift Station #3 Forcemain Replacement 6,311.50 10/24/2024 HANSEN THORP PELLINEN OLSON 400-0000-1155 59.00 10/31/2024 Xcel Service Center HANSEN THORP PELLINEN OLSON 400-0000-1155 265.50 10/31/2024 Deer Haven HANSEN THORP PELLINEN OLSON 400-0000-1155 206.50 10/31/2024 Audubon Business Park 531.00 10/31/2024 HANSEN THORP PELLINEN OLSON 6,842.50 HAWKINS CHEMICAL 700-7019-4160 20.00 10/31/2024 chemicals east water treatment HAWKINS CHEMICAL 700-7043-4160 40.00 10/31/2024 west water treatment chemicals 60.00 10/31/2024 HAWKINS CHEMICAL 60.00 HOISINGTON KOEGLER GROUP 414-4010-4300 1,840.00 10/31/2024 Civic Campus LA design fee 1,840.00 10/31/2024 HOISINGTON KOEGLER GROUP 1,840.00 Holton Electric Contractors LLC 701-0000-4551 4,569.91 11/7/2024 LS # 28 4,569.91 11/7/2024 AP - Check Detail (11/13/2024)Page 12 of 30 128 Last Name Acct 1 Amount Check Date Description Holton Electric Contractors LLC 4,569.91 Hydro-Klean LLC 701-7013-4751 11,067.50 11/7/2024 24-02 2024 I&I Manhole Grouting 11,067.50 11/7/2024 Hydro-Klean LLC 11,067.50 Innovative Office Solutions LLC 101-1120-4110 197.34 10/24/2024 Paper Post its Pens 197.34 10/24/2024 Innovative Office Solutions LLC 101-1120-4110 77.05 11/7/2024 Binder Clips Tissues Innovative Office Solutions LLC 101-1120-4110 74.36 11/7/2024 2025 Calendar and Planners (Dennis Jenny Luke) 151.41 11/7/2024 Innovative Office Solutions LLC 348.75 IUOE Local #49 101-0000-2004 490.00 10/30/2024 Union Dues-November 2024 IUOE Local #49 701-0000-2004 96.94 10/30/2024 Union Dues-November 2024 IUOE Local #49 700-0000-2004 183.06 10/30/2024 Union Dues-November 2024 770.00 10/30/2024 IUOE Local #49 770.00 James Company Homes Inc 101-0000-2075 750.00 10/24/2024 Landscape Escrow- 3732 Hickory Rd. 750.00 10/24/2024 James Company Homes Inc 101-0000-2073 1,500.00 11/7/2024 Erosion escrow 3732 Hickory Rd #552165 1,500.00 11/7/2024 James Company Homes Inc 2,250.00 Jeapes Karen 601-6060-4751 403.97 11/7/2024 Reimburse for Driveway Bitumin Not Put In by Contractor AP - Check Detail (11/13/2024)Page 13 of 30 129 Last Name Acct 1 Amount Check Date Description 403.97 11/7/2024 Jeapes Karen 403.97 JEFFERSON FIRE SAFETY INC 101-1220-4520 1,955.39 11/7/2024 Truck one officer ball valve replacement 1,955.39 11/7/2024 JEFFERSON FIRE SAFETY INC 1,955.39 Jeske Anne 701-6060-4751 5,559.53 11/6/2024 Reimburse for emergency repair @ 506 W 76th 5,559.53 11/6/2024 Jeske Anne 5,559.53 Jones David 101-1560-4343 125.00 11/7/2024 Presentation ""US Flag"" 125.00 11/7/2024 Jones David 125.00 K2 Electrical Services Inc 101-1550-4300 687.00 11/7/2024 South Lotus Lake Tennis Courts 687.00 11/7/2024 K2 Electrical Services Inc 687.00 KATH FUEL OIL SERVICE 101-1320-4120 630.00 11/7/2024 Prestone CMD HD NF F/S Elc 55 Gl 630.00 11/7/2024 KATH FUEL OIL SERVICE 630.00 Kelleher Construction, Inc 414-4010-4702 254,794.75 10/31/2024 Kelleher Pay App #4 Civic Campus AP - Check Detail (11/13/2024)Page 14 of 30 130 Last Name Acct 1 Amount Check Date Description 254,794.75 10/31/2024 Kelleher Construction, Inc 254,794.75 KELLINGTON CONSTRUCTION 414-4010-4702 10,440.50 10/31/2024 Kellington Pay App #2 Civic Campus 10,440.50 10/31/2024 KELLINGTON CONSTRUCTION 10,440.50 Kendell Doors & Hardware, LLC 402-1220-4702 4,625.00 10/31/2024 new door frame hardware 4,625.00 10/31/2024 Kendell Doors & Hardware, LLC 4,625.00 KENNEDY & GRAVEN, CHARTERED 101-1140-4302 297.00 11/7/2024 Labor/Employment Matters 297.00 11/7/2024 KENNEDY & GRAVEN, CHARTERED 297.00 Kerr Matt 101-1160-4381 794.62 10/23/2024 Mileage Reimbursemnt to Security Conference - SD Kerr Matt 101-1160-4381 85.22 10/23/2024 Mileage Reimbursement - To City Buildings 879.84 10/23/2024 Kerr Matt 879.84 KIMLEY HORN AND ASSOCIATES INC 601-6057-4303 116,406.26 10/31/2024 Market Blvd KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 307.50 10/31/2024 Avienda Townhomes KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 3,102.50 10/31/2024 MetroNet Support Services KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 205.00 10/31/2024 Erhart Farm KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 1,230.00 10/31/2024 Avienda Development KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 16,910.00 10/31/2024 Comcast Support Services AP - Check Detail (11/13/2024)Page 15 of 30 131 Last Name Acct 1 Amount Check Date Description 138,161.26 10/31/2024 KIMLEY HORN AND ASSOCIATES INC 138,161.26 Kraus-Anderson Construction Company 414-4010-4702 81,233.74 10/31/2024 Civic Campus CM Fee 81,233.74 10/31/2024 Kraus-Anderson Construction Company 81,233.74 LAKETOWN ELECTRIC CORPORATION 414-4010-4702 42,750.00 10/31/2024 Laketown Pay App #3 Civic Campus 42,750.00 10/31/2024 LAKETOWN ELECTRIC CORPORATION 101-1190-4510 562.03 11/7/2024 repair neon sign 562.03 11/7/2024 LAKETOWN ELECTRIC CORPORATION 43,312.03 LEAGUE OF MINNESOTA CITIES 101-1220-4370 100.00 10/31/2024 Peer support training-Chaplain Anderson LEAGUE OF MINNESOTA CITIES 101-1120-4370 50.00 10/31/2024 APMP Conference 150.00 10/31/2024 LEAGUE OF MINNESOTA CITIES 150.00 LEAGUE OF MN CITIES INS TRUST 101-1170-4483 5,000.00 10/31/2024 Deductible-settlement for work comp claim 5,000.00 10/31/2024 LEAGUE OF MN CITIES INS TRUST 5,000.00 Loch Monster Plumbing, LLC 101-1550-4300 971.84 10/24/2024 Bandimere Park Lions Drinking Fountain 971.84 10/24/2024 AP - Check Detail (11/13/2024)Page 16 of 30 132 Last Name Acct 1 Amount Check Date Description Loch Monster Plumbing, LLC 971.84 LYMAN LUMBER 101-1550-4150 545.84 10/31/2024 LA dug-out roof lumber 545.84 10/31/2024 LYMAN LUMBER 545.84 Macqueen Emergency Group 101-1220-4530 4,120.00 11/7/2024 Flow/Fit Testing 4,120.00 11/7/2024 Macqueen Emergency Group 4,120.00 MACQUEEN EQUIPMENT 700-0000-4120 427.37 11/7/2024 water handgun for vactor MACQUEEN EQUIPMENT 701-0000-4120 427.38 11/7/2024 water handgun for vactor MACQUEEN EQUIPMENT 701-0000-4120 39.33 11/7/2024 parts for the Vactor handgun 894.08 11/7/2024 MACQUEEN EQUIPMENT 894.08 Marco Inc 101-1160-4411 735.00 10/23/2024 copier lease 735.00 10/23/2024 Marco Inc 101-1170-4410 757.50 11/6/2024 Copier Lease Marco Inc 701-0000-4410 101.00 11/6/2024 Copier Lease Marco Inc 700-0000-4410 101.00 11/6/2024 Copier Lease Marco Inc 720-0000-4410 50.50 11/6/2024 Copier Lease 1,010.00 11/6/2024 Marco Inc 1,745.00 Marcsisak Tom 101-1766-4341 411.04 10/24/2024 Softball Umpire - 14 games total AP - Check Detail (11/13/2024)Page 17 of 30 133 Last Name Acct 1 Amount Check Date Description 411.04 10/24/2024 Marcsisak Tom 411.04 Martin Sophia 101-1539-4343 91.00 10/31/2024 Charcoal & Acrylic 91.00 10/31/2024 Martin Sophia 91.00 McCarthy Brian 701-7060-4901 5,050.00 10/31/2024 Private I&I Grant - Eligible Portion McCarthy Brian 701-6060-4751 2,250.00 10/31/2024 Private I&I Grant - City Portion 7,300.00 10/31/2024 McCarthy Brian 7,300.00 Mesenbrink Construction and Engineering Inc 700-0000-4552 24,244.19 10/31/2024 gate valve repair coulter Blvd 24,244.19 10/31/2024 Mesenbrink Construction and Engineering Inc 24,244.19 METRO CONCRETE RAISING 101-1550-4300 2,800.00 11/7/2024 concrete raising 2,800.00 11/7/2024 METRO CONCRETE RAISING 2,800.00 Metro Garage Door Company 101-1220-4510 785.00 10/31/2024 truck bay overhead door 785.00 10/31/2024 Metro Garage Door Company 785.00 Minnesota Roadways Co 414-4010-4702 26,828.95 10/31/2024 MN Roadways Pay App #5 Civic Campus AP - Check Detail (11/13/2024)Page 18 of 30 134 Last Name Acct 1 Amount Check Date Description 26,828.95 10/31/2024 Minnesota Roadways Co 26,828.95 Minnesota Safety Council 101-1560-4343 874.00 10/31/2024 Coach Exp Driver plus Student workbooks 874.00 10/31/2024 Minnesota Safety Council 874.00 Minnesota UC Fund 101-1320-4060 1,450.00 11/7/2024 Unemployment-3rd quarter 2024 1,450.00 11/7/2024 Minnesota UC Fund 1,450.00 Minuteman Press 101-1120-4110 55.00 11/7/2024 Kate Dorway Business Cards 55.00 11/7/2024 Minuteman Press 55.00 MN NCPERS LIFE INSURANCE 101-0000-2037 144.00 10/30/2024 Life Insurance-November 2024 144.00 10/30/2024 MN NCPERS LIFE INSURANCE 144.00 MN VALLEY ELECTRIC COOP 101-1350-4320 123.11 10/23/2024 Electric Charges 123.11 10/23/2024 MN VALLEY ELECTRIC COOP 101-1350-4320 43.75 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 135.36 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 701-0000-4320 758.06 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 40.43 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 5,781.04 10/30/2024 Electric Charges AP - Check Detail (11/13/2024)Page 19 of 30 135 Last Name Acct 1 Amount Check Date Description MN VALLEY ELECTRIC COOP 101-1350-4320 107.40 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 224.43 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 44.83 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 700-0000-4320 166.38 10/30/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1600-4320 48.32 10/30/2024 Electric Charges 7,350.00 10/30/2024 MN VALLEY ELECTRIC COOP 7,473.11 Molin Concrete Products Co, Inc.414-4010-4702 42,508.52 10/31/2024 Molin Pay App #2 Civic Campus 42,508.52 10/31/2024 Molin Concrete Products Co, Inc. 42,508.52 MOR Golf and Utiliity Inc 101-1180-4300 560.00 11/7/2024 Golf Cart Rental for Election Day Shuttles 560.00 11/7/2024 MOR Golf and Utiliity Inc 560.00 MOTOROLA Solutions, Inc 400-0000-4705 20,979.36 10/24/2024 Radio Encryption Upgrade Kits 20,979.36 10/24/2024 MOTOROLA Solutions, Inc 20,979.36 MTI DISTRIBUTING INC 101-1550-4120 322.51 10/24/2024 hose 322.51 10/24/2024 MTI DISTRIBUTING INC 322.51 NAPA AUTO & TRUCK PARTS 101-1550-4120 79.43 10/24/2024 Filters NAPA AUTO & TRUCK PARTS 101-1320-4140 62.65 10/24/2024 Belt NAPA AUTO & TRUCK PARTS 700-0000-4140 98.62 10/24/2024 312 Brake Pads NAPA AUTO & TRUCK PARTS 700-0000-4140 98.62 10/24/2024 312 Front Disc Brake Pad AP - Check Detail (11/13/2024)Page 20 of 30 136 Last Name Acct 1 Amount Check Date Description 339.32 10/24/2024 NAPA AUTO & TRUCK PARTS 101-1550-4120 14.78 10/31/2024 Powerated Belt NAPA AUTO & TRUCK PARTS 701-0000-4140 98.62 10/31/2024 302-Front disc brake pad NAPA AUTO & TRUCK PARTS 700-0000-4120 85.66 10/31/2024 Filters/Blades NAPA AUTO & TRUCK PARTS 701-0000-4120 16.32 10/31/2024 Filter 215.38 10/31/2024 NAPA AUTO & TRUCK PARTS 101-1550-4140 26.50 11/7/2024 Filters 26.50 11/7/2024 NAPA AUTO & TRUCK PARTS 581.20 Natural Shore Technologies, Inc.101-0000-2076 10,793.00 11/7/2024 Anthem on the Park-Storm Pond Seeding 10,793.00 11/7/2024 Natural Shore Technologies, Inc. 10,793.00 NORBLOM PLUMBING CO 101-0000-2022 2.50 11/7/2024 State Surcharge Overpayment - 7081 Shawnee Lane 2.50 11/7/2024 NORBLOM PLUMBING CO 2.50 North American Safety, Inc.101-1320-4240 159.88 11/7/2024 glove sweatshirts 159.88 11/7/2024 North American Safety, Inc. 159.88 NORTHWEST ASPHALT INC 420-1310-4710 72,868.81 11/7/2024 2024 Trail Improvements - South Lotus Lake Park 72,868.81 11/7/2024 AP - Check Detail (11/13/2024)Page 21 of 30 137 Last Name Acct 1 Amount Check Date Description NORTHWEST ASPHALT INC 72,868.81 NORTHWESTERN POWER EQUIP CO 700-0000-4550 6,166.50 11/7/2024 Highway 7 and 41 PR station rebuild 6,166.50 11/7/2024 NORTHWESTERN POWER EQUIP CO 6,166.50 Nuss Truck & Equipment 101-1320-4140 148.64 10/24/2024 Belt 148.64 10/24/2024 Nuss Truck & Equipment 148.64 Olivine Yoga LLC Val Roder /101-1560-4343 200.00 10/31/2024 Chan Chair Class 200.00 10/31/2024 Olivine Yoga LLC Val Roder / 200.00 O'Reilly Automotive Inc 101-1220-4120 88.18 11/7/2024 Batt Charger O'Reilly Automotive Inc 101-1550-4120 13.71 11/7/2024 Toon Tre CTG O'Reilly Automotive Inc 700-0000-4140 9.26 11/7/2024 Oil Cool Gkt O'Reilly Automotive Inc 101-1310-4140 14.03 11/7/2024 Washer Pump 125.18 11/7/2024 O'Reilly Automotive Inc 125.18 PALMER PAUL 101-1766-4341 264.24 10/24/2024 Softball Umpire - 9 games total 264.24 10/24/2024 PALMER PAUL 264.24 Park Construction Co 601-6060-4751 544,857.20 10/23/2024 2024 Reconstruction-PMP Park Construction Co 700-6060-4751 116,498.56 10/23/2024 2024 Reconstruction-Water AP - Check Detail (11/13/2024)Page 22 of 30 138 Last Name Acct 1 Amount Check Date Description Park Construction Co 701-6060-4751 118,064.79 10/23/2024 2024 Reconstruction-Sanitary Park Construction Co 720-6060-4751 275,623.21 10/23/2024 2024 Reconstruction-Storm 1,055,043.76 10/23/2024 Park Construction Co 1,055,043.76 PASS AMBER 701-0000-2020 60.90 10/23/2024 Utility Overpayment-3951 Country Oaks Drive PASS AMBER 700-0000-2020 28.00 10/23/2024 Utility Overpayment-3951 Country Oaks Drive PASS AMBER 720-0000-2020 41.98 10/23/2024 Utility Overpayment-3951 Country Oaks Drive 130.88 10/23/2024 PASS AMBER 130.88 POLINGO PETER & LYNN 601-6040-4300 81.39 10/31/2024 Clearwater Irrigation 155584 POLINGO PETER & LYNN 601-6040-4300 15.39 10/31/2024 Clearwater Irrigation163363 96.78 10/31/2024 POLINGO PETER & LYNN 96.78 POMP'S TIRE SERVICE INC 701-0000-4140 297.59 11/7/2024 Tires 297.59 11/7/2024 POMP'S TIRE SERVICE INC 297.59 Potentia MN Solar 101-1170-4320 3,540.17 10/23/2024 Electric Charges Potentia MN Solar 101-1190-4320 4,552.60 10/23/2024 Electric Charges Potentia MN Solar 700-0000-4320 2,386.34 10/23/2024 Electric Charges 10,479.11 10/23/2024 Potentia MN Solar 10,479.11 PRECISE MRM LLC 101-1320-4310 294.00 11/7/2024 AVL for plow trucks AP - Check Detail (11/13/2024)Page 23 of 30 139 Last Name Acct 1 Amount Check Date Description 294.00 11/7/2024 PRECISE MRM LLC 294.00 Precision Utilities 700-0000-4552 5,120.00 10/24/2024 curb stop repair 8024 Erie Ave 5,120.00 10/24/2024 Precision Utilities 5,120.00 Rademacher Daniel 720-7207-4150 360.00 10/24/2024 relocating beaver 360.00 10/24/2024 Rademacher Daniel 360.00 Ramsey Excavating Company 414-4010-4702 190,517.17 10/31/2024 Ramsey Pay App #4 Civic Campus 190,517.17 10/31/2024 Ramsey Excavating Company 190,517.17 Ready Watt Electric 402-4020-4530 7,160.00 11/7/2024 Siren 1 & 6 Box Replacement 7,160.00 11/7/2024 Ready Watt Electric 7,160.00 SEH 410-4410-4300 5,095.64 10/31/2024 Lake Ann Park Preserve 5,095.64 10/31/2024 SEH 5,095.64 Senja Inc 101-1539-4343 128.00 10/31/2024 Tai Chi 4244.130 AP - Check Detail (11/13/2024)Page 24 of 30 140 Last Name Acct 1 Amount Check Date Description 128.00 10/31/2024 Senja Inc 128.00 SM HENTGES & SONS 601-6040-4751 390,349.87 11/7/2024 Galpin Blvd-25% City SM HENTGES & SONS 601-6140-4751 879,218.62 11/7/2024 Galpin Blvd-75% County SM HENTGES & SONS 700-6040-4751 109,852.49 11/7/2024 Galpin Blvd-Water SM HENTGES & SONS 701-6040-4751 49,709.70 11/7/2024 Galpin Blvd-Sanitary 1,429,130.68 11/7/2024 SM HENTGES & SONS 1,429,130.68 SMSC Organics Recycling Facility 720-7206-4300 6,510.60 10/24/2024 SMSC- Yard Waste Pick-up and Disposal 6,510.60 10/24/2024 SMSC Organics Recycling Facility 6,510.60 SOUTHWEST CORRIDOR TRANS COAL 101-1110-4364 3,500.00 11/7/2024 Contribution to organization 3,500.00 11/7/2024 SOUTHWEST CORRIDOR TRANS COAL 3,500.00 SUBURBAN CHEVROLET 700-0000-4140 5.64 11/7/2024 Valve 5.64 11/7/2024 SUBURBAN CHEVROLET 5.64 Sun Life Financial 700-0000-2037 108.28 10/31/2024 Life Insurance-November 2024 Sun Life Financial 101-0000-2011 664.48 10/31/2024 Life Insurance-November 2024 Sun Life Financial 720-0000-2015 38.26 10/31/2024 LTD-November 2024 Sun Life Financial 101-0000-2037 1,170.73 10/31/2024 Life Insurance-November 2024 Sun Life Financial 101-0000-2011 105.55 10/31/2024 Life Insurance-November 2024 Cobra Sun Life Financial 700-0000-2015 96.43 10/31/2024 LTD-November 2024 AP - Check Detail (11/13/2024)Page 25 of 30 141 Last Name Acct 1 Amount Check Date Description Sun Life Financial 720-0000-2011 19.34 10/31/2024 Life Insurance-November 2024 Sun Life Financial 701-0000-2011 30.08 10/31/2024 Life Insurance-November 2024 Sun Life Financial 701-0000-2037 108.28 10/31/2024 Life Insurance-November 2024 Sun Life Financial 700-0000-2011 47.33 10/31/2024 Life Insurance-November 2024 Sun Life Financial 701-0000-2015 62.34 10/31/2024 LTD-November 2024 Sun Life Financial 101-0000-2015 1,311.90 10/31/2024 LTD-November 2024 3,763.00 10/31/2024 Sun Life Financial 3,763.00 TimeSaver Off Site Secretarial, Inc 101-1125-4300 501.00 11/7/2024 City Council P&R and EDA meeting minutes 501.00 11/7/2024 TimeSaver Off Site Secretarial, Inc 501.00 Top Line Steel Corporation 414-4010-4702 10,925.00 10/31/2024 Top Line Pay App #1 Civic Campus 10,925.00 10/31/2024 Top Line Steel Corporation 10,925.00 TOWMASTER INC 700-0000-4120 49.74 11/7/2024 seal kit 49.74 11/7/2024 TOWMASTER INC 49.74 TRAFFIC CONTROL CORPORATION 101-1350-4566 340.00 10/24/2024 intersection maintenance & recertification 340.00 10/24/2024 TRAFFIC CONTROL CORPORATION 340.00 TWIN CITIES & WESTERN RR CO 601-6057-4751 34,679.49 11/7/2024 Railroad Crossing Signal Upgrade @ Great Plains Blvd AP - Check Detail (11/13/2024)Page 26 of 30 142 Last Name Acct 1 Amount Check Date Description 34,679.49 11/7/2024 TWIN CITIES & WESTERN RR CO 34,679.49 Twin Cities Transport & Recovery, Inc 101-1220-4372 500.00 10/24/2024 Vehicles for Open House/Training 500.00 10/24/2024 Twin Cities Transport & Recovery, Inc 500.00 UHL Company Inc 101-1190-4510 362.00 10/31/2024 building automation 362.00 10/31/2024 UHL Company Inc 362.00 VERIZON WIRELESS 101-1550-4310 457.27 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1530-4310 41.39 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 720-0000-4310 334.23 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1320-4310 317.13 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 701-0000-4310 452.78 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 700-0000-4310 125.10 10/30/2024 Telephone& Communication Charges VERIZON WIRELESS 101-1160-4310 139.17 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1170-4310 46.39 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1120-4310 152.80 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1420-4310 170.55 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1220-4310 2,626.19 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1370-4310 89.97 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1110-4310 40.01 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1250-4310 307.05 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1312-4310 87.78 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1310-4310 179.18 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1520-4310 52.16 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 700-0000-4310 597.85 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1540-4310 40.01 10/30/2024 Telephone & Communication Charges VERIZON WIRELESS 701-0000-4310 125.10 10/30/2024 Telephone& Communication Charges VERIZON WIRELESS 101-1600-4310 209.23 10/30/2024 Telephone & Communication Charges AP - Check Detail (11/13/2024)Page 27 of 30 143 Last Name Acct 1 Amount Check Date Description 6,591.34 10/30/2024 VERIZON WIRELESS 6,591.34 Vertex Unmanned Solutions, LLC 101-1220-4370 199.00 11/7/2024 Part 107 UAV Class-Erdman 199.00 11/7/2024 Vertex Unmanned Solutions, LLC 199.00 Warning Lites of Minnesota, Inc.101-1320-4410 537.50 10/24/2024 homecoming parade 537.50 10/24/2024 Warning Lites of Minnesota, Inc. 537.50 Waste Management of Minnesota, Inc 101-1550-4300 263.69 11/7/2024 Lake Ann shop clean 263.69 11/7/2024 Waste Management of Minnesota, Inc 263.69 Water Conservation Services, Inc.700-0000-4300 360.13 11/7/2024 water main break bridle creek trail 360.13 11/7/2024 Water Conservation Services, Inc. 360.13 WATSON COMPANY 101-1540-4130 570.50 10/24/2024 Sour Patch Kids Beef Franks Popsicle Oreo WATSON COMPANY 101-1540-4130 6.15 10/24/2024 Finance Charge from Watson WATSON COMPANY 101-1540-4130 8.56 10/24/2024 Finance Charge from Watson 585.21 10/24/2024 WATSON COMPANY 585.21 AP - Check Detail (11/13/2024)Page 28 of 30 144 Last Name Acct 1 Amount Check Date Description Willmsen Brad 101-0000-2073 500.00 11/7/2024 Erosion Escrow 8510 Waters Edge Dr #587367 500.00 11/7/2024 Willmsen Brad 500.00 WM MUELLER & SONS INC 101-1320-4157 608.13 10/31/2024 pothole patching WM MUELLER & SONS INC 101-1320-4157 611.61 10/31/2024 pothole patching WM MUELLER & SONS INC 720-7207-4150 96.00 10/31/2024 stormwater repair 1,315.74 10/31/2024 WM MUELLER & SONS INC 101-1320-4157 72.61 11/7/2024 patching 72.61 11/7/2024 WM MUELLER & SONS INC 1,388.35 WSB & ASSOCIATES INC 720-0000-4130 3,000.00 11/7/2024 2024 SWAMP Subscriptions 3,000.00 11/7/2024 WSB & ASSOCIATES INC 3,000.00 XCEL ENERGY INC 700-0000-4320 167.99 10/23/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 4,154.75 10/23/2024 Electric Charges 4,322.74 10/23/2024 XCEL ENERGY INC 101-1600-4320 41.80 10/30/2024 Electric Charges XCEL ENERGY INC 700-7019-4320 9,082.94 10/30/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 121.08 10/30/2024 Electric Charges XCEL ENERGY INC 701-0000-4320 -2,503.37 10/30/2024 Electric Charges XCEL ENERGY INC 101-1312-4320 1,340.13 10/30/2024 Electric Charges XCEL ENERGY INC 101-1312-4320 1,805.24 10/30/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 167.52 10/30/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 225.66 10/30/2024 Electric Charges XCEL ENERGY INC 701-0000-4320 167.52 10/30/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 1,379.74 10/30/2024 Electric Charges XCEL ENERGY INC 101-1550-4320 -215.96 10/30/2024 Electric Charges AP - Check Detail (11/13/2024)Page 29 of 30 145 Last Name Acct 1 Amount Check Date Description XCEL ENERGY INC 101-1600-4320 359.30 10/30/2024 Electric Charges XCEL ENERGY INC 101-1540-4320 1,514.75 10/30/2024 Electric Charges XCEL ENERGY INC 101-1350-4320 23,605.96 10/30/2024 Electric Charges XCEL ENERGY INC 701-0000-4320 225.66 10/30/2024 Electric Charges 37,317.97 10/30/2024 XCEL ENERGY INC 41,640.71 ZARNOTH BRUSH WORKS INC 101-1320-4120 1,682.75 10/24/2024 broom ZARNOTH BRUSH WORKS INC 101-1550-4120 669.40 10/24/2024 broom 2,352.15 10/24/2024 ZARNOTH BRUSH WORKS INC 2,352.15 4,108,200.22 AP - Check Detail (11/13/2024)Page 30 of 30 146 City Council Item November 18, 2024 Item Adopt 2025 City Meeting Schedule File No.Item No: D.6 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council Adopts the 2025 City Meeting Schedule." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends that the City Council adopt the attached 2025 Meeting Calendar. ATTACHMENTS 147 2025 Meeting Calendar 148 CITY OF CHANHASSEN 2025 MEETING SCHEDULE S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 City Holidays Council Meetings: 2nd & 4th Mondays - 5:30 pm Work Session, 7:00 pm Regular Meeting Exceptions: May 26 moved to May 19 Planning Commission: 1st & 3rd Tuesdays - 6:00pm Exceptions: Aug 5 moved to Aug 12 Economic Development Commission: 2nd Tuesday 5:30pm (No meeting in Aug, Nov. meeting on 18) Park & Recreation Commission: 4th Tuesday - 6:00pm (2nd Tue in Dec) Environmental Commission: 2nd Wednesday - 6:00pm (No meeting in Aug) Commission on Aging: 3rd Friday - 10:00am (2nd Fri in Dec) Night to Unite (no City meetings) School District Spring Breaks G:\Agendas\Annual Meeting Calendars\2025 meeting calendar AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JULY JANUARY FEBRUARY MARCH APRIL MAY JUNE Updated 11/12/2024 149 City Council Item November 18, 2024 Item Adopt AI Policy File No.Item No: D.7 Agenda Section CONSENT AGENDA Prepared By Matt Unmacht, Assistant City Manager Reviewed By Matt Unmacht SUGGESTED ACTION The Chanhassen City Council adopts the Artificial Intelligence Policy Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY This policy outlines the principles and guidelines for the use of AI technologies within the city's operations. The key highlights of the policy include improving efficiency in City operations, ensuring the ethical use of AI, promoting transparency, and safeguarding privacy and security. The adoption of this policy will help the city leverage AI technologies while maintaining public trust and accountability. BACKGROUND DISCUSSION The AI Policy includes several key components: 1. Ethical Use: Ensuring that AI technologies are used in a manner that is fair, transparent, and 150 accountable. 2. Transparency: Providing clear information about how AI tools are used and the decisions they support. 3. Privacy and Security: Implementing measures to protect the privacy and security of data used in AI applications. 4. Inclusivity: Ensuring that AI technologies do not discriminate against any individual or group. The policy also outlines the roles and responsibilities of city staff in implementing and monitoring AI applications. It provides a framework for evaluating the impact of AI tools and ensuring they align with the city's strategic goals. BUDGET RECOMMENDATION Staff recommends that the City Council adopt the City of Chanhassen Artificial Intelligence (AI) Policy. ATTACHMENTS City of Chanhassen Artificial Intelligence Policy 151 City of Chanhassen Artificial Intelligence (AI) Policy Version 1.1 Purpose Generative AI is a set of relatively new technologies that leverages very large volumes of data along with some machine learning (ML) techniques to produce content based on inputs from the users known as prompts. The new content can be written (e.g. ChatGPT or Bard), or visual (e.g. Dall-E). These tools are evolving rapidly, and are still the subject of active research: improving our understanding of how they actually work, and the impacts of their use in society. These tools are not actual intelligence in the human sense, rather, they are very sophisticated models that predict what the language, text, or video that satisfies the prompt should be. Because of their impact and potential usefulness, as well as the risks and dangers, this policy serves as a resource for employees of the City of Chanhassen. Generative AI is a tool. We are responsible for the outcomes of our tools. For example, if autocorrect unintentionally changes a word - changing the meaning of something we wrote, we are still responsible for the text. Technology enables our work, it does not excuse our judgment nor our accountability. Always double-check any responses from AI for accuracy and completeness. Principals Empowerment • The use of AI should support the work of our workforce to deliver better, safer, more efficient and equitable services and products to our residents. • We rely and trust in our public sector professionals to do the right thing given the right tools and guidance. You will need to exercise your judgment to make sure we get the benefits from the tools while avoiding the negative impacts for the City and its constituents. Inclusion and Respect • AI should never be used in such a way that discriminates against one’s race, creed, religion, national origin, disability, sex, gender, pregnancy, marital status, age, sexual orientation, gender identity or gender expression, familial status, or status with regard to public assistance. Our work should uplift all communities and connect them more effectively with the resources they need to thrive. • Everything we do, regardless of the tools, are a reflection of the City and ourselves. We are stewards of the public, and we will use tools respectfully and responsibly. Innovation and Risk Management • We understand that there is value to be had in the use of technology, particularly new generative AI, but there are also risks, some of which will not be apparent or fully understood upfront. 152 • We embrace a culture of responsible experimentation, where we maintain control and understanding of the use of new tools while we develop new uses that drive efficiency, delight, civic dialogue or other outcomes in service of our residents. Privacy and Security • Every technology tool that we use has an impact on the security of our overall environment, and the privacy and digital rights of our constituents. Public Purpose • The best known of these new tools are developed for commercial purposes. While they can be adapted for mission-driven work by public professionals, it is important to maintain service to the public at the center of our work. Guidelines 1. Fact Check and review all content generated by AI, especially if it will be used in public communication or decision making. a. Why: While Generative AI can rapidly produce clear prose, the information and content might be inaccurate, outdated, or simply made up. It is your responsibility to verify that the information is accurate by independently researching claims and statements made by the AI. b. What to look for: i. Inaccurate information including links and references to events or facts. ii. Bias in the positions or information. We want to make sure that no one is put as risk or made vulnerable by these technologies. Think about others could be portrayed or impacted by the content. 2. Do not share sensitive or private information in the prompts a. Why: data including prompts used in generative AI might be used by the companies that power these systems. Any information that includes personally identifying information about our residents, other public servants, etc. could inadvertently be shared with others. Basically, if you wouldn’t share with other people or want to put the prompt in a public place, avoid sharing the information in the prompt. b. Employees may use low-risk data with Artificial Intelligence (AI) technology to perform their work. Low-risk data is defined by Minnesota Statutes Chapter 13 as “public” and is intended to be available to the public. If you are unsure whether the data you enter into AI applications is classified as public data, consult your City’s responsible authority or designee prior to using AI technologies. All data created with the use of AI is to be retained according to the City’s records retention schedule. c. Employees may not use the following data with AI to perform their work: i. Moderate risk: Data that does not meet the definition of low-risk or high-risk. This includes but is not limited to system security information, not public names, not public addresses, not public phone numbers, and IP addresses. 153 ii. High risk: Data that is highly sensitive and/or protected by law or regulation. This includes but is not limited to protected health information, Social Security Administration data, criminal justice information, government- issued ID numbers (e.g., Social Security numbers, driver’s license numbers, state ID card numbers, passport numbers), federal tax information, account data, and bank account numbers. More Examples, Do’s and Don’ts: These are some suggestions on the kinds of uses that seem to be particularly useful for City uses. By encouraging responsible experimentation, we are hoping to expand the potential uses, while minimizing risks. 1. Drafting documents or letters: a. Generative AI provides a great opportunity to get started on a memo, letters, job descriptions. Note that when creating a prompt for ChatGPT for this context, it can consider including any specific format preferences such as essay, bullet points, outline or dialogue. Additionally, you can request the use of specific keywords or phrases, or technical terms to be included or avoided in the response. This will help the AI tool provide you with a more tailored and efficient response to your request. Please note that some of the examples below apply only to Madison AI, the City’s internal AI database, and other examples apply to generative AI in general, such as ChatGPT. i. Example: generate guidelines for the use of generative AI at the City of Chanhassen ii. Example: prepare a staff report for City Council adopting ordinance amendments for Chapter 10 of the City’s Code iii. Example: generate letters that express points of view specified in the prompt. This might allow you to understand an issue from different perspectives. iv. Example: You can ask generative AI to help you write a more effective version of a prompt. You can say “help me write a better prompt to [insert the initial objective of the prompt]. b. Do’s : i. Try to be specific in the prompt. If you give more context, the answer becomes more relevant. ii. Edit and review the content. Regardless of how the content was authored, you and the City will bear responsibility over its use in the public. c. Don’ts: i. Do not include confidential information in the prompt. ii. Do not rely on generative AI to provide accurate answers. iii. Do not use generative AI to create communication regarding sensitive topics. For instance, a renowned institution was criticized for using generative AI to write a press release regarding a police incident. 2. Drafting Content In Plain Language a. Generative AI can help you write clearer and simpler language. You can use the prompt to indicate the reading level or audience for the text. 154 i. Example: use generative AI to write a section of the City Code that a person in elementary school might understand. ii. Example: use generative AI to modify a sentence. AI tools can allow you to optimize text for the length of the sentence, or the audience. b. Do’s: i. Specify in the prompt if you have a specific audience in mind. ii. Try different prompts, or request different versions of the same sentence until you find what works best. iii. You can pass the output of the text by a readability app that can identify challenging sentences, as well as the reading level for the text. c. Don'ts: i. Do not include confidential information in the prompt. ii. Do not assume the AI tool will correctly understand pronouns. For instance, a model might suggest: “Dear Sir/Ma'am” does not include non-binary people, and could be replaced with “Dear Colleague” or “Dear neighbor”. 3. Summarizing Text a. Generative AI does a great job of summarizing longer pieces of text into summaries. If you have a few pages that you want to condense into a few bullet points, or you have been struggling with converting a long set of notes into a paragraph, these tools could be very helpful. i. Example: copy notes taken from a meeting to generate a short summary of the meeting. Ensure you delete confidential information from your notes about the meeting. ii. Example: summarize citizen comments in response to an engagement iii. Example: write a paragraph summary of a 5 page report. 4. Producing images, audio, and videos a. Generative AI can produce images, audio, and videos based on prompts. This can support the creation of appealing or insightful communication resources. Disclose that you have used AI to generate the content. i. Example: make an image of residents enjoying hot dogs at the 4th of July Festival ii. Example: create a video showing the differences between a stop sign and stop light at an intersection iii. Example: write a jingle or song to remind residents about No Mow May. b. For larger projects, high-impact content, or any public-facing materials, however, they should consult with and defer to our Communications team to ensure consistency, quality, and alignment with our brand standards. 155 City Council Item November 18, 2024 Item Award Contract for Lobbying Services to Lockridge Grindal Nauen File No.Item No: D.8 Agenda Section CONSENT AGENDA Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION "The Chanhassen City Council awards a contract for lobbying services to Lockridge Grindal Nauen." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND The firm will help the city pursue its Legislative Priorities, with particular emphasis on the a Sales Tax Construction Exemption and a bonding request for the Chanhassen Bluffs Community Center. Lobbying representation is more efficient and effective than dedicated staff resources to committee hearings. This would be the city's second consecutive two-year contract with for lobbying services with LGN. LGN staff have assisted the city on similar issues since 2023, including securing the ability to take the local option sales tax to referendum and receiving a construction sales tax exemption for the Civic Campus project. More information on the firm at: https://www.locklaw.com/practices/state-government-relations/ 156 DISCUSSION BUDGET The annual fee is $40,000. The fee is not increasing from the 2023-2024 rates. RECOMMENDATION Staff recommends the Chanhassen City Council award a contract for lobbying services to Lockridge Grindal Nauen. ATTACHMENTS City of Chanhassen 2025-2026 Contract 157 LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT,made and entered into by and between City of Chanhassen (“Client”) and LOCKRIDGE GRINDAL NAUEN PLLP (“Consultant” or “LGN”) (collectively the “Parties”). W I T N E S S E T H WHEREAS,Client, wishes to purchase the services of Consultant to assist Client in monitoring, reporting, and lobbying related to certain state legislative and administrative matters; NOW, THEREFORE, in consideration of the mutual undertakings and promises hereinafter set forth, Client and Consultant agree as follows: 1.CONSULTANT SERVICES Consultant shall provide, in coordination with Client’s officers, committees and staff, the services listed in Exhibit A hereto. If additional services, projects or work is agreed upon by both Consultant and Client, fees for such additional services, project or work will be negotiated and mutually agreed upon in writing prior to the performance of additional services, projects or work. 2.TERM AND TERMINATION 2.1 Term. The term of engagement for the services provided shall be January 1, 2025 - December 31, 2026, with an option to continue at the same rate for an additional two years, subject to termination as provided in Section 2.2. 2.2 Termination. This Agreement may be terminated prior to its expiration only as follows: 2.2.1 Upon the written mutual agreement of the Parties hereto; 2.2.2 By either Party upon sixty (60) days written notice to the other Party. 2.2.3 In the event of termination, fees owed by the Client shall be prorated as of the date of termination. 3.COST OF AND PAYMENT FOR SERVICES 3.1 Fees. In consideration of services performed as specified in Section 1 and Exhibit A of this Agreement, Client shall pay Consultant the professional fees in the amount of $40,000 for each year, payable in twelve (12) equal installments of $3,333.33 per month, commencing January 1, 2025 and January 1, 2026. 3.2 Costs. In addition to payment for professional fees, Client shall pay Consultant for all reasonable incidental expenses incurred by Consultant on Client’s behalf. 3.3 Payment. Payment for professional fees and expenses shall be made to Consultant upon submission by Consultant to Client of invoices for services rendered and expenses incurred and Client shall pay Consultant by the dates listed above. 158 4890-5507-1730, v. 1 4.DATA RETENTION 4.1 LGN may use reputable third-party service providers, including ‘cloud’ service providers, to help us deliver efficient, cost-effective legal services. This may include document/information hosting, sharing, transfer, analysis, processing or storage. By engaging us, City of Chanhassen understands and consents to having communications, documents and other data pertinent to its matters managed through such third-party technology, including where confidential information may be stored on and accessed from such cloud-based computer servers located in a facility not directly controlled by LGN. City of Chanhassen acknowledges that the use of such services may be subject to the terms and conditions of the provider and accept that LGN is not responsible for the security of the data, the provider’s security standards, or the risk that the security of information on such cloud-based platforms may be breached. City of Chanhassen agrees that the benefits of using such technology outweigh the risks, including risks related to confidentiality and security. A list of LGN’s cloud providers is available upon request. 4.2 LGN has adopted a document retention policy that governs the retention and disposition of closed client files. At the conclusion of the matter for which City of Chanhassen has retained us, we will return all original client documents. At that time, City of Chanhassen will have sixty (60) days to let us know if you want certain of the documents which remain in the file. If you notify us within this sixty (60) day period, we will not destroy the file until City of Chanhassen has had an opportunity to identify any such documents and, if appropriate, obtain copies of them. If City of Chanhassen does not so notify us, we will transfer your file to closed storage and/or an electronic archive pursuant to our file closing and destruction procedures. File contents (including work papers, etc.) will be considered the property of LGN. We will retain the file for six (6) years and then destroy its contents, without further notice and in a manner which preserves their confidential nature. 4.3 If, at any time LGN concludes that there are no active matters in which we are representing City of Chanhassen, it will be considered a former, rather than a current client of LGN, unless and until City of Chanhassen asks us to perform additional services, and we agree to perform them. 4.4 If City of Chanhassen requests us to transfer our file to you or to another firm prior to the completion of the matter, City of Chanhassen agrees we can make and retain copies of relevant portions of the file and that the cost for such copying is to be paid by City of Chanhassen, as well as any other copying on its behalf. These charges for copying City of Chanhassen’s file may include, in the case of documents stored electronically, the reasonable cost of retrieving the documents, and City of Chanhassen agrees to pay these costs. 5.INDEPENDENT CONTRACTOR Consultant shall select the means, method, and manner of performing the services herein. Consultant is and shall remain an independent contractor with respect to all services performed under this Agreement. 159 4890-5507-1730, v. 1 6.COMPLETE AGREEMENT The Parties each agree and understand that this Agreement, including all Exhibits hereto, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous oral understandings or agreements with respect to the subject matter hereof. 7.AMENDMENTS AND WAIVERS This Agreement may not be amended, altered, enlarged, supplemented, abridged, or modified, nor can any provision hereof be waived, except by a writing executed by both Parties which shall be attached hereto. Failure of any Party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision nor of the right to enforce such provision. 8.NOTICES All notices, demands, and requests permitted or required to be given under this Agreement shall be in writing and deemed given when mailed by the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the address of the appropriate Party as provided herein. IN WITNESS WHEREOF,the duly authorized representatives of the Parties hereto have executed this Agreement this day of ____________________2024. ADDRESS: 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 ADDRESS: Suite 2200 100 Washington Avenue South Minneapolis, MN 55401 CLIENT: City of Chanhassen By:________________________________ Its:_________________________________ CONSULTANT: LOCKRIDGE GRINDAL NAUEN PLLP By: Harry Gallaher Its: Managing Partner 160 4890-5507-1730, v. 1 EXHIBIT A LGN will provide tax, capital investment and state policy issue lobbying services for the City of Chanhassen. 161 City Council Item November 18, 2024 Item Approve an Encroachment Agreement between the City of Chanhassen and the property owner at 1500 Pembroke Pass File No.N/A Item No: D.9 Agenda Section CONSENT AGENDA Prepared By Stacy Osen, Administrative Support Specialist Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council approves an Encroachment Agreement allowing the property owner to install a fence located within the city's easement areas at 1500 Pembroke Pass." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY N/A BACKGROUND The property owners of 1500 Pembroke Pass (1500 Pembroke Pass, LLC) desire to construct a fence located within the city's easement areas. The property is legally described as Lot 9, Block 5, Preserve At Bluff Creek 1st Addition, and shown in Exhibit A (consisting of two pages). This fence will encroach into the city's public easement area that has an active storm sewer line located in it and therefore the city requires an Encroachment Agreement (EA) be entered into to protect the maintenance access to the asset. DISCUSSION 162 The attached EA was drafted by the City Attorney's office and is signed by the property owner. Upon city approval and execution, the EA will be recorded against the property. BUDGET N/A RECOMMENDATION Staff recommends City Council approve the Encroachment Agreement. ATTACHMENTS ENCROACHMENT AGREEMENT - 1500 PEMBROKE PASS LLC 163 233216v1 1 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this ____ day of _____________, 2024, by and between the CITY OF CHANHASSEN,a Minnesota municipal corporation (“City”), and 1500 PEMBROKE PASS LLC, a Minnesota limited liability company (“Owner”). 1.BACKGROUND. Owner is the fee owner of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Parcel ID No. 25.6450510 Lot 9, Block 5, PRESERVE AT BLUFF CREEK 1 ST ADDITION (abstract) having a street address of 1500 Pembroke Pass, Chanhassen, Minnesota 55317 (“Subject Property”). The City owns easements for drainage and utility purposes over portions of the Subject Property (“Easement Areas”). Owner desires to construct a fence on the Subject Property that encroaches on the City’s Easement Areas as depicted on the attached Exhibit “A” (consisting of two pages). 2.ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the fence conditioned upon 164 233216v1 2 removable fence panels in areas where the fence encroaches on existing utilities and/or installation of gates having a clear span the width of the easement for City access to its Easement Areas. Further conditions of encroachment approval are as follows: The fence must allow water to pass under it so as not to impede overland water flow during rain events. The fence must remain a minimum distance of five (5’) feet from the outside edge of all drainage and utility structures and a minimum of two (2’) feet from the outside edge of all storm sewer piping as indicated on Exhibit A. Pipe location will be verified during final inspection of the fencing. The fence posts shall be placed on the Subject Property but not attached to neighboring fences and must not cross the property lines. The City shall have no responsibility to maintain the fence located in the Easement Areas. Owner must maintain the fence located on the Subject Property. Owner is fully responsible and liable for any and all damage caused to the fence because of their location in the Easement Areas. Further, Owner agrees that the fence shall be constructed consistent with all applicable federal, state and local laws and regulations. 3.HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owner, for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property, including the fence and removal of fence panels and/or gates in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4.TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the Easement Areas for drainage or utility purposes and the fence is inconsistent with the City’s use of the easement. Prior to termination, the City will give the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The 165 233216v1 3 property owner shall remove that portion of the fence to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the fence to the extent it impacts the Easement Areas and charge the cost of removal back to the owner for reimbursement. 5.RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CHANHASSEN By ___________________________________ (SEAL)Elise Ryan, Mayor And __________________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _______ day of __________________, 2024, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen,a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________________ Notary Public 166 233216v1 4 PROPERTY OWNER: 1500 PEMBROKE PASS LLC By ______________________________________ ____________________________ [print name] Its __________________________ [title] STATE OF MINNESOTA ) )ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me this ____ day of _______________, 2024, by ___________________________, the ______________________ of 1500 Pembroke Pass LLC, a Minnesota limited liability company, on behalf of the entity. _____________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/mkl 167 233216v1 5 EXHIBIT “A” Page 1 of 2 168 233216v1 6 Page 2 of 2 169 City Council Item November 18, 2024 Item Approval of Microsoft Office365 License Renewal File No.Item No: D.10 Agenda Section CONSENT AGENDA Prepared By Rick Rice, IT Manager Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the renewal of Microsoft Office 365 licenses at a cost of $26,048.72 per year for the three-year term totaling $78,146.16 from SHI." Motion Type Simple Majority Vote of members present Strategic Priority Communications SUMMARY The city transitioned to the Microsoft Office 365 license model in 2021. This added additional Microsoft applications for collaboration, communications and accessibility to these applications from mobile devices. All staff utilize Microsoft Office365 applications in their daily work. A three-year renewal quote was received from SHI utilizing a NASPO nationally bid contract with the State of Minnesota, which fulfills the requirements of the city purchasing policy. Security upgrades are included in the renewal licenses. BACKGROUND City Council approved the initial purchase of a three-year Microsoft Office365 license agreement from SHI on the October 25, 2021 council meeting. This license agreement is expiring on November 31, 2024. DISCUSSION 170 BUDGET RECOMMENDATION That the Chanhassen City Council approves the renewal of Microsoft Office 365 licenses at a cost of $37,268.96 per year for the three year term totaling $111,806.88 from SHI. ATTACHMENTS Resolution SHI Quote Software Value Added Reseller Addendum 171 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 18, 2024 RESOLUTION NO:2024-XX MOTION BY: SECONDED BY: RESOLUTION APPROVING RENEWAL OF MICROSOFT OFFICE365 USER LICENSES FROM SHI WHEREAS the City Council approved the purchase of a three-year Microsoft Office365 license agreement in October of 2021; and WHEREAS, the three year Microsoft Office365 subscription licenses agreement will end on November 31, 2024 WHEREAS,the Microsoft Office365 suite provides the cities primary software applications for document generation, and collaboration with staff and constituents; and WHEREAS,the NASPO renewal quote received from SHI for the three-year purchase agreement is a Minnesota Statewide Enterprise agreement which fulfills the requirements of the city purchasing policy. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chanhassen, Minnesota, approves the renewal of Microsoft Office365 user licenses at a cost of $37,268.96 per year for the three-year term totaling $111,806.88 from SHI. PASSED AND ADOPTED by the Chanhassen City Council this 18 th day of November 18, 2024. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 172   Pricing Proposal Quotation #:  25463392 Reference #:  EA 68411540 Created On:  10/24/2024 Valid Until:  12/11/2024   MN-City of Chanhassen  Inside account Manager- microsoft- gov   Richard Rice 7700 Market Blvd Chanhassen, MN 55317 UNITED STATES Phone: (952) 227-1111 Fax:  Email:rrice@ci.chanhassen.mn.us   Isabelle Brodsky 290 Davidson Ave Somerset, NJ 08873 Phone: 800-527-6389 ext. 5553572 Fax: Email:isabelle_brodsky@shi.com All Prices are in US Dollar (USD)   Product Qty Your Price Total   1 O365 G1 GCC Sub Per User     Microsoft - Part#: U4S-00002     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2024 – 11/30/2025     Note: Year 1 of 3 40 $103.43 $4,137.20   2 Exchange Online P1 GCC Sub Per User     Microsoft - Part#: 3MS-00001     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2024 – 11/30/2025     Note: Year 1 of 3 16 $36.60 $585.60   3 M365 G3 Unified FUSL GCC Sub Per User     Microsoft - Part#: AAD-34704     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2024 – 11/30/2025     Note: Year 1 of 3 72 $387.76 $27,918.72   4 EMS G3 GCC ALng Sub Per User     Microsoft - Part#: AAD-32907     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2024 – 11/30/2025     Note: Year 1 of 3 40 $103.55 $4,142.00   5 Visio P2 GCC Sub Per User     Microsoft - Part#: P3U-00001     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594  2 $137.33 $274.66 173    Coverage Term: 12/1/2024 – 11/30/2025     Note: Year 1 of 3   6 Entra ID P2 Gov SU Entra ID P1 Per User     Microsoft - Part#: MQN-00002     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2024 – 11/30/2025     Note: Year 1 of 3 3 $27.42 $82.26   7 Intune Remote Help for Gov Sub Per User     Microsoft - Part#: EP2-01803     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2024 – 11/30/2025     Note: Year 1 of 3 3 $42.84 $128.52   8 O365 G1 GCC Sub Per User     Microsoft - Part#: U4S-00002     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2025 – 11/30/2026     Note: Year 2 of 3 40 $103.43 $4,137.20   9 Exchange Online P1 GCC Sub Per User     Microsoft - Part#: 3MS-00001     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2025 – 11/30/2026     Note: Year 2 of 3 16 $36.60 $585.60   10 M365 G3 Unified FUSL GCC Sub Per User     Microsoft - Part#: AAD-34704     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2025 – 11/30/2026     Note: year 2 72 $387.76 $27,918.72   11 EMS G3 GCC ALng Sub Per User     Microsoft - Part#: AAD-32907     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2025 – 11/30/2026     Note: year 2 40 $103.55 $4,142.00   12 Visio P2 GCC Sub Per User     Microsoft - Part#: P3U-00001     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2025 – 11/30/2026     Note: year 2 2 $137.33 $274.66   13 Entra ID P2 Gov SU Entra ID P1 Per User     Microsoft - Part#: MQN-00002     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)  3 $27.42 $82.26 174    Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2025 – 11/30/2026     Note: year 2   14 Intune Remote Help for Gov Sub Per User     Microsoft - Part#: EP2-01803     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2025 – 11/30/2026     Note: Year 2 of 3 3 $42.84 $128.52   15 O365 G1 GCC Sub Per User     Microsoft - Part#: U4S-00002     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2026 – 11/30/2027     Note: Year 3 of 3 40 $103.43 $4,137.20   16 M365 G3 Unified FUSL GCC Sub Per User     Microsoft - Part#: AAD-34704     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2026 – 11/30/2027     Note: year 3 72 $387.76 $27,918.72   17 EMS G3 GCC ALng Sub Per User     Microsoft - Part#: AAD-32907     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2026 – 11/30/2027     Note: year 3 40 $103.55 $4,142.00   18 Visio P2 GCC Sub Per User     Microsoft - Part#: P3U-00001     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2026 – 11/30/2027     Note: year 3 2 $137.33 $274.66   19 Entra ID P2 Gov SU Entra ID P1 Per User     Microsoft - Part#: MQN-00002     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2026 – 11/30/2027     Note: year 3 3 $27.42 $82.26   20 Exchange Online P1 GCC Sub Per User     Microsoft - Part#: 3MS-00001     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2026 – 11/30/2027     Note: Year 3 of 3 16 $36.60 $585.60   21 Intune Remote Help for Gov Sub Per User 3 $42.84 $128.52 175    Microsoft - Part#: EP2-01803     Contract Name: NASPO SOFTWARE VALUE ADDED RESELLER (SVAR)     Contract #: CTR060028     Subcontract #: 237594     Coverage Term: 12/1/2026 – 11/30/2027     Note: Year 3 of 3   Subtotal $111,806.88 Total $111,806.88 Additional Comments Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.  Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. 176 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 1 of 26 Master Agreement #: CTR060028 MN Contract ID#: 237594 Contractor: SHI Participating Entity: STATE OF MINNESOTA This Participating Addendum is entered into by Contractor and Participating Entity (collectively, the “Parties”). Scope and Participation: 1. Scope: ☒ This Participating Addendum includes the entire scope of the products and services available through the Master Agreement referenced above. ☐ This Participating Addendum includes the entire scope of the products and services available through the Master Agreement referenced above, except the following: Any scope exclusions specified herein apply only to this Participating Addendum and shall not amend or affect other participating addendums or the Master Agreement itself. 2. Participation: This Participating Addendum covers participation of Participating Entity in the above-referenced Master Agreement between the State of Arizona and Contractor for Software Value Added Reseller (SVAR). Subject to prior approval by the State Chief Procurement Official, this Participating Addendum may be used by all state agencies, institutions of higher education, cities, counties, districts, and other political subd ivisions of the state, and nonprofit organizations within the state if authorized herein and by law. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Term: ☐ This Participating Addendum shall become effective as of the date of the last signature below and shall terminate upon the expiration or termination of the Master Agreement, as amended, unless the Participating Addendum is terminated sooner in accordance with the terms set forth herein. ☒ This Participating Addendum shall become effective as of the date of the last signature below and shall terminate on September 30, 2025, unless terminated sooner or otherwise amended in accordance with the terms set forth herein. Notwithstanding the previous, in no event shall the term of the Participating Addendum exceed the term of the Master Agreement, as amended. 4. Primary Contacts: The following (or their named successors) are the primary contact individuals for this Participating Addendum: DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 177294 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 2 of 26 CONTRACTOR: Name: Nicole Rasky Address: 290 Davidson Avenue, Somerset NJ 08873 Telephone: 732-584-8227 Fax: Email: NASPO_SVAR@shi.com PARTICIPATING ENTITY: Name: Matt Hassenstab Address: 50 Sherburne Ave. St Paul, MN 55155 Telephone: 651.201.2431 Fax: Email: Matt.Hassenstab@state.mn.us Participating Entity Modifications and Additions to the Master Agreement ☐ This Participating Addendum incorporates all terms and conditions of the Master Agreement as applied to the Participating Entity and Contractor. ☒ This Participating Addendum incorporates all terms and conditions of the Master Agreement as applied to the Participating Entity and Contractor, subject to the following limitations, modifications, and additions: The terms and conditions of this Participating Addendum, including Minnesota Exhibit A which is attached and hereby incorporated by reference into this Participating Addendum, shall prevail over directly conflicting terms and conditions in the Master Agreement. The terms of this Participating Addendum and the Master Agreement shall be interpreted as cumulative and complimentary to the extent possible. Any limitations, modifications, or additions specified herein apply only to the agreement and relationship between Participating Entity and Contractor and shall not amend or affect other participating addendums or the Master Agreement itself. 5. Lease Agreements: Lease purchase and term leases are allowable only for Purchasing Entities whose rules and regulations permit leasing of Software. Any Lease agreement is unenforceable without full review and approval of the customer legal counsel. 6. Subcontractors: All contractors, dealers, and resellers authorized to provide sales and service support in Participating Entity’s state, as shown on Contractor’s NASPO ValuePoint- DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 178295 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 3 of 26 specific webpage, may provide sales and service support to users of this Participating Addendum. Participation of Contractor’s contractors, dealers, and resellers will be in accordance with the terms and conditions set forth in the Master Agreement. 7. Orders: Any order placed by Participating Entity or a Purchasing Entity for a product or service offered through this Participating Addendum shall be deemed to be a sale under, and subject to the pricing and other terms and conditions of, the Master Agreement (as modified by this Participating Addendum) unless the parties to the order agree in writing that another contract or agreement applies to the order. 8. Insurance: Contractor must be capable of furnishing the products and services as outlined in the Master Agreement and must be able to provide proof of insurance in accordance with the terms of this Participating Addendum and the Master Contract. If Contractor is the product or service provider, and is directly accepting and shipping orders, the Certificate of Insurance must be in its name and must meet all of the requirements outlined in the solicitation. The Contract will not be executed until the required insurance certificate is received and approved by the State. Upon notification of award, and within seven (7) days of notification, the awarded vendor(s) is(are) to provide a Certificate of Insurance with the coverage and amounts called for in the Participating Addendum. Any Contract awarded will not be executed until the Certificate of Insurance has been received and approved by the State. The State reserves the right to rescind the Contract award if the vendor does not provide the Certificate of Insurance within the required time. 9. Intellectual Property Indemnification (VAR): Contractor is a value added reseller (“VAR”) of all third party products, not the original equipment manufacturer, licensor, or distributor (“OEM”) and therefore disclaims any indemnification responsibility regarding third party products provided under this Agreement. Contractor shall forward the indemnifications to State which are provided to Contractor by the OEM of that product and to the extent granted by the OEM, State shall be the beneficiary of the OEM’s indemnifications with respect to the product. Contractor is not a party to any such terms between State and OEM and State agrees to look solely to the OEM for satisfaction of any and all indemnification claims related to that OEM’s product. 10. Audit Clause: Any contract or pass-through disbursement of public funds to a vendor of goods or services or a grantee must expressly or implicitly contain an audit clause that provides that the books, records, documents, and accounting practices and procedures of the vendor or other party relevant to the contract are subject to examination by the contracting agency and either the Legislative Auditor or State Auditor, whichever is appropriate, for a minimum of six years. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 179296 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 4 of 26 IN WITNESS WHEREOF, the Parties have executed this Participating Addendum. PARTICIPATING ENTITY CONTRACTOR Signature: Signature: Name: Name: Title: Title: Date: Date: Signature: Signature: Name: Name: Title: Title: Date: Date: For questions regarding NASPO ValuePoint Participating Addendums, please contact the Cooperative Contract Coordinator team at info@naspovaluepoint.org. Fully executed NASPO ValuePoint Participating Addendums must be submitted via email in PDF format to pa@naspovaluepoint.org. Kristina Mann Senior Manager - Contracts Ian Nix Manager - Contracts DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515A 10/9/2023 10/9/2023 DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 Acquisition Management Specialist Matt Hassenstab 10/18/2023 10/18/2023 IT Acquisitions Supervisor Andy Doran 180297 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 5 of 26 Minnesota Exhibit A Minnesota General Terms, Conditions, and Specifications 1. DEFINITIONS. For purposes of this Minnesota Exhibit A, the following definitions apply: a. CPV Members. The Cooperative Purchasing Venture (CPV) program was established by Minn. Stat. § 16C.03, subd. 10, which authorizes the commissioner of the Minnesota Department of Administration (Commissioner of Administration) through its Office of State Procurement (OSP) to enter into a cooperative purchasing agreement for the provision of goods, services, and utilities with one or more governmental units and other entities as described in Minn. Stat. § 471.59, subd. 1 and Minn. Stat. § 16C.03, subd. 10. Based on this authority, the Commissioner of Administration enters into a joint powers agreement that designates OSP as the authorized purchasing agent for the governmental unit or other entity. Governmental units and other entities joining the program are given an access code which identifies them as CPV members and permits them to access the OSP website to get information about commodities and/or services available on the State of Minnesota (State) contracts. Governmental units and other entities who are not members of the CPV program are not authorized to use the contract prices. The Contract Vendor agrees to provide the contract to CPV members at the same prices, terms, conditions, and specifications. For additional information, visit the OSP website at www.mmd.admin.state.mn.us. b. State Agencies. This term applies only to State agencies and departments, as defined in Minn. Stat. §§ 15.01 and 15.012. c. Ordering Entity. This term applies to any State Agency or CPV Member when allowed in the Participating Addendum. d. State and State of Minnesota. These two terms apply to the Minnesota Department of Administration, Office of State Procurement (OSP), representing the State of Minnesota as the contracting agency for the Participating Addendum. These terms also apply to the State's Department of Information Technology Services (MNIT) when acting within its statutorily defined contracting capacity. e. Minnesota Department of Information Technology Services (MNIT). Minnesota’s Information Technology agency. MNIT is responsible for providing or entering into managed services contracts for the provision, improvement, and development of business application software and related technical support services and other information technology systems and services to Minnesota state agencies pursuant to Minnesota Statute section 16E.016(a). f. Contract Vendor and Contractor. These two terms apply to the awarded vendor from the NASPO ValuePoint Master Agreement that OSP selects to receive a Participating Addendum. These terms have the same meaning as “Reseller” and “Contractor” as used in the NASPO ValuePoint Master Agreement. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 181298 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 6 of 26 g. Contract. Contract is defined as the Minnesota Participating Addendum, which incorporates the terms of the NASPO ValuePoint Master Agreement. h. Master Contract or Master Agreement. Master Contract is defined as the corresponding NASPO ValuePoint Master Agreement between NASPO ValuePoint and the Contractor. 2. ANTITRUST. The Contract Vendor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the Participating Addendum resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State. 3. INSURANCE. Prior to execution of the Participating Addendum, the Contract Vendor will be required to provide a copy of a Certificate of Insurance, including workers’ compensation insurance coverage requirements of Minn. Stat. § 176.181 subd. 2, and other coverages per the insurance requirements if included in the Participating Addendum. Contract Vendor shall meet the insurance requirements of the Master Contract except where more specific or greater coverages are required by this Participating Addendum. 4. INDEMNIFICATION, HOLD HARMLESS, AND LIMITATION OF LIABILITY. In accordance with the Master Contract, Contract Vendor shall indemnify, protect, save and hold harmless the State, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the State arising from act(s), error(s), or omission(s) during the performance of the Contract by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the State’s failure to fulfill its obligations pursuant to the Contract. For clarification and not as a limitation, the Contract Vendor hereby expressly extends, in addition to the other terms, conditions and specifications of the Contract, the foregoing defense and indemnification obligations to Cooperative Purchasing Venture (CPV) Members, including Board of Trustees of the Minnesota State Colleges and Universities, in addition to Agency as defined in Minn. Stat. 16.C.02, in addition to the legislative and judicial branches and constitutional offices of state government. 5. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 6. GOVERNMENT DATA PRACTICES. The Contract Vendor and the State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (and where applicable, if the State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State to the Contract Vendor and all data provided to the State by the Contract Vendor. In addition, the DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 182299 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 7 of 26 Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Contract that is private, nonpublic, protected nonpublic, or confidential as defined b y the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the State. The State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), applicable to the services Contract Vendor is providing under this Contract, including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Contract, the Contract Vendor shall retain responsibility under the terms of this article for such work. 7. GOVERNING LAW. The Contract will be construed in accordance with and performance governed by the laws of the State of Minnesota. Except to the extent that the provisions of the Contract are clearly inconsistent therewith, the Contract shall be governed by the Uniform Commercial Code (UCC) as adopted by the State of Minnesota. To the extent the Contract entails delivery or performance of services, the services will be deemed ”goods” within the meaning of the UCC, except when to deem such services as ”goods” is unreasonable. 8. JURISDICTION AND VENUE. The Contract, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of the Contract or breach thereof shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. The Contract Vendor voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of the Contract, or any breach thereof. 9. HUMAN RIGHTS/AFFIRMATIVE ACTION. The State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 183300 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 8 of 26 multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS a. The contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 184301 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 9 of 26 b. The contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. c. In the event of the contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. d. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. e. The contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. f. Consequences. The consequences of a Contract Vendor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. g. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 10. EQUAL PAY CERTIFICATION. If this Contract could be in excess of $500,000, the Contract Vendor must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to contract execution. A Contract Vendor is exempt if it has not employed 40 or more full-time employees on any single working day during the previous 12 months in Minnesota or the state where it has its primary place of business. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800- 657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us. See Minnesota Exhibit D for more details and to complete Equal Pay Certification. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 185302 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 10 of 26 11. PAYMENT. Minn. Stat. § 16A.124 requires payment within 30 days following receipt of an undisputed invoice, merchandise or service, whichever is later. Terms requesting payment in less than 30 days will be changed to read “Net 30 days.” The Ordering Entity is not required to pay the Contract Vendor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate Ordering Entity. In addition, all goods and/or services provided must meet all terms, conditions and specifications of the Contract and the ordering document and be accepted as satisfactory by the Ordering Entity before payment will be issued. Conditions of Payment. The Contract Vendor under the Contract must be in accordance with the Contract as determined by the sole discretion of the State’s Authorized Representative and be in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the Office of the Minnesota Secretary of State. The Contract Vendor will not receive payment for goods or services found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 12. PURCHASE ORDERS (PO). The State requires that there will be no minimum order requirements or charges to process an individual purchase order unless otherwise stated in the Contract. The Contract number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity’s purchase order constitutes a binding contract. The parties may agree through a Statement of Work to apply additional order-specific invoicing procedures when appropriate for the type of service ordered. 13. PURCHASING CARDS. Contract Vendor will accept a purchasing card for order placement in addition to accepting a purchase order, without passing the processing fees for the purchasing card back to the State. The State’s single purchase limit is $5,000 on the purchasing card. 14. TAXES. Do not add sales tax to the prices being offered. State Agencies hold a Direct Payment Authorization Letter which is used to pay applicable taxes directly to the Department of Revenue. Contractors may go to http://www.revenue.state.mn.us to learn about the applicable sales tax (search “Fact Sheet 142”). If orders are issued by Cooperative Purchasing Venture (CPV) Members, the Contract Vendor should confirm all of the tax requirements with the ordering entity. 15. SHIPPING REQUIREMENTS. All shipments shall be FOB Destination. Freight charges shall be prepaid and allowed unless otherwise stated in the NASPO ValuePoint Master Agreement. 16. DEFAULT. All commodities and services furnished will be subject to inspection and acceptance by the Ordering Entity after delivery. No substitutions or cancellations are permitted without approval of the Ordering Entity. Back orders, failure to meet delivery requirements, or failures to meet specifications in the purchase order and/or the Contract authorizes the Ordering Entity to cancel the purchase order, or any portion of it, and purchase elsewhere. In the event of default, the State reserves the right to pursue any other remedy available by law. A Contract Vendor may be removed from the vendor’s list, DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 186303 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 11 of 26 suspended or debarred from receiving a Contract for failure to comply with the terms and conditions of the Contract, or for failure to pay the State for the cost incurred on the defaulted Contract. 17. ASSIGNMENT. The Contract Vendor shall not sell, transfer, assign, or otherwise dispose of the Contract or any portion hereof or of any right, title, or interest herein without the prior written consent of the State’s Authorized Representative. Such consent shall not be unreasonably withheld. The Contract Vendor shall give written notice to the State’s Authorized Representative of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of the Contract. Failure to do so may result in the Contract Vendor being held in default. This consent requirement includes reassignment of the Contract due to a change in ownership, merger, or acquisition of the Contract Vendor or its subsidiary or affiliated corporations. This section shall not be construed as prohibiting the Contract Vendor’s right to assign the Contract to corporations to provide some of the services hereunder. Notwithstanding the foregoing acknowledgment, the Contract Vendor shall remain solely liable for all performance required and provided under the terms and conditions of the Contract. 18. INTELLECTUAL PROPERTY RIGHTS AND INTELLECTUAL PROPERTY INDEMNIFICATION. With respect to intellectual property, Contract Vendor shall pass on to the State all warranties and indemnification rights contained within the Master Contract, including those within Section 14 of SECTION 2-C of the Master Contract. 19. PARTICIPATING ADDENDUM AMENDMENTS. Except as provided herein, the Participating Addendum shall be modified only by written amendment duly executed by an authorized representative of the State and the Contract Vendor. No alteration or variation of the terms and conditions of the Participating Addendum shall be valid unless made in writing and signed by the parties as required by law. Every amendment shall specify the date on which its provisions shall be effective. An approved Participating Addendum amendment means one approved by the authorized signatories of the Contract Vendor and the State as required by law. 20. TERMINATION OF THE PARTICIPATING ADDENDUM. Unless an applicable remedy allows for shorter notice or immediate termination, the Participating Addendum or any related Statement of Work may be canceled by the State or the Commissioner of Administration at any time, with or without cause, upon 30 days written notice to the Contract Vendor. In the event of such a cancellation, the Contract Vendor shall be entitled to payment, determined on a pro rata basis, only for work or services satisfactorily performed and accepted. If the State terminates the Contract for default or other cause the Contract Vendor shall provide a pro-rated refund to the State for all prepaid but unused fees. In the event the Contract Vendor is in default, the Participating Addendum is subject to immediate cancellation to the extent allowable by applicable law. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 187304 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 12 of 26 In the event of expiration, termination or cancellation of the Participating Addendum or Statement of Work for any reason the Contract Vendor shall, in accordance with the State’s directions: (1) continue to provide any then-existing Services for as long as the State needs to transfer its data, software, security credentials including, but not limited to, any account root or access keys, and other assets to an alternate service or service provider; and/or (2) transfer the account with its existing IT environment and security credentials to the State or to a new third-party contract vendor of the State’s choosing while minimizing service disruption. The Contract Vendor will be entitled to pro-rata payment at the pricing in effect prior to expiration, termination or cancellation of the Participating Addendum or Statement of Work for the continuing services for the period of time needed, subject to any other limitations within this Participating Addendum and other agreements between the State and the Contract Vendor. The Contract Vendor may request to cancel the Participating Addendum or any related Statement of Work but must receive written approval from the State. Any term or conditi on that allows the Contract Vendor to terminate the Contract for any or no reason (i.e., termination for convenience) is null and void. 21. ADMINISTRATIVE PERSONNEL CHANGES. After execution of this Participating Addendum the State must be notified of intended changes in the Contract Vendor’s administrative personnel as soon as practicable. 22. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notic es, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the State’s Authorized Representative and the State’s Assistant Director or designee of Office of State Procurement. The Contract Vendor shall make no representations of the State’s opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Contract without the prior written consent of the State’s Assistant Director or designee of the Office of State Procurement. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 23. AMERICANS WITH DISABILITIES ACT (ADA). Products provided under the Contract must comply with the requirements of the Americans With Disabilities Act (ADA). The Contract Vendor’s catalog and other marketing materials utilized to offer products under the Contract must state when a product is not in compliance. If any descriptive marketing materials are silent as to these requirements, the Contract Vendor agrees that the customer can assume the product meets or exceeds the ADA requirements. 24. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards : DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 188305 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 13 of 26 a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards are not applicable for installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 25. USAGE REPORT. The Contract Vendor is required to furnish usage data to the State’s Authorized Representative on a quarterly basis based on the state fiscal year which begins on July 1. The quarter periods are July 1 to September 30 (1st Quarter), October 1 to December 31 (2nd Quarter), January 1 to March 31 (3rd Quarter), and April 1 to June 30 (4th Quarter). The report on the Contract usage must consist of the total dollars expended by both State Agencies and CPV members. Failure to provide these reports may result in Contract cancellation. The State may request additional periodic or ad-hoc reports as necessary. 26. MINNESOTA REPORTING REQUIREMENTS AND ADMINISTRATIVE FEE. On a quarterly basis, the Contract Vendor shall return to the Department of Administration, Office of State Procurement, a fee of 1% (.0.01 multiplication factor) of the total sales during that quarter, to assist with the cost of administering the Participating Addendum. The administrative fee shall be remitted to the State within 30 days of the end of the quarter. The quarter periods are July 1 to September 30 (1st Quarter), October 1 to December 31 (2nd Quarter), January 1 to March 31 (3rd Quarter), and April 1 to June 30 (4th Quarter). The Contract Vendor must provide a report detailing the total sales to State Agencies and CPV Members. The report must be submitted with the check on or before the required 30 days after the end of the quarter. Per the Master Contract, Contract Vendor may add any additional state admin fees to the NASPO ValuePoint pricing. 27. SEVERABILITY. If any provision of the Contract, including items incorporated by reference, is declared or found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions; if the remainder of the Contract is capable of performance it will not be affected by the declaration or finding and will be fully performed. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 189306 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 14 of 26 28. ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT METHOD AND STRUCTURE. In accordance with Minn. Stat. § 16A.40 the Contract Vendor is required to provide their bank routing information to the Minnesota Department of Finance to enable payments to be made through EFT. 29. COPYRIGHT AND PATENT INDEMNIFICATION. Copyright and patent indemnification shall be governed by Section 6.4 of SECTION 2-C of the Master Contract and any other applicable terms of the Master Contract. 30. SURVIVABILITY. The following rights and duties of the State and Contract Vendor will survive the expiration or cancellation of the resulting Contract(s). These rights and duties include, but are not limited to the paragraphs on Indemnification, Hold Harmless, and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Intellectual Property Indemnification, Publicity and Minnesota Reporting Requirements and Administrative Fees. Software licenses, warranty, maintenance agreements and service agreements that were entered into under the terms and conditions of the Agreement shall survive the expiration or termination of this Agreement. 31. IT ACCESSIBILITY STANDARDS. The State of Minnesota (Executive branch state agencies) has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D which can be viewed at: http://www.mmd.admin.state.mn.us/pdf/accessibility_standard.pdf The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software/products/subscriptions available through this Contract, the Contract Vendor agrees to develop functionality which supports accessibility. If any issues arise due to nonconformance with the above mentioned accessibility Standards, the Contract Vendor agrees to provide alternative solutions upon request at no additional charge to the State. The responder should complete Exhibit A (VPAT for Section 508) and Exhibit B (VPAT for WCAG 2.0) attached herein for all software, hardware, and the website (as applicable) as proposed in response to the RFP. For systems with multiple interfaces (such as an admin and user interface), complete a WCAG VPAT for each interface. These documents may be scored according to the RFP evaluation. Responders are encouraged to reference the “Vendor VPAT Guidance” in the “Products” tab at http://mn.gov/mnit/programs/accessibility/it-procurement.jsp for information and instructions on completing the VPATs. 32. E-VERIFY CERTIFICATION. For services in excess of $50,000, the Contract Vendor certifies that as of the date of services performed on behalf of the State, the Contract Vendor and all its subcontractors will have implemented or be in the process of DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 190307 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 15 of 26 implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. This is required by Minnesota Statutes Section 16C.075. The Contract Vendor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available on OSP website www.mmd.admin.state.mn.us. All subcontractor certifications must be kept on file with the Contract Vendor and made available to the State upon request. 33. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied to the State by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide the State with Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 34. SUBCONTRACTOR PAYMENT (When Applicable). In accordance with Minn. Stat. § 16A.1245, the Contract Vendor shall, within 10 days of receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contract Vendor is required to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontractor that takes civil action against the Contract Vendor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney’s fees that were incurred in bringing the action. The Contract Vendor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under the Contract. In the event the Contract Vendor fails to make timely payments to a subcontractor or supplier, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contract Vendor and deduct said payment from any remaining amounts due the Contract Vendor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contract Vendor written notice that payment will be made directly to a subcontractor or supp lier for undisputed services. If there are no remaining outstanding payments to the Contract Vendor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. The obligation to make payments to a subcontractor or supplier resides with the contract vendor. Failure to make a payment on time may result in breach of this agreement. 35. Certification of Nondiscrimination (IN ACCORDANCE WITH MINN. STAT. § 16C.053) The following term applies to any contract for which the value, including all extensions, is $50,000 or more: Contractor certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 191308 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 16 of 26 purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason. 37. SOFTWARE AND LICENSING AGREEMENTS. Contract Vendor shall honor the applicable reseller terms and conditions of any volume licensing, enterprise, end user licensing, maintenance, cloud hosting agreements, and similar agreements governing the State’s use of products and services as executed between the State and the Publisher. For avoidance of doubt, with respect to Software as a Service (SaaS) products, Contract Vendor shall at a minimum inform publishers and make reasonable efforts to ensure compliance with Sections 15 (Information Security) and 16 (Software as a Service Terms and Conditions) of SECTION 2-C of the Master Contract whether or not the State has executed a SaaS agreement with the Publisher. Contract Vendor will work with the State to ensure that the appropriate governing documents are referenced on the Contract Vendor quote. Prior to the State signing any ordering document and upon request at other times, Contract Vendor must submit to the State for approval any license agreements, maintenance agreements, or any other documents pertinent to the products and/or services in this Participating Addendum. 38. TAXPAYER IDENTIFICATION: The Contract Vendor shall be registered as a vendor to the State in the SWIFT Procurement System. Registration must be done online at http://www.mmb.state.mn.us/vendorresources. 39. STATE’S NON-INDEMNIFICATION. Nothing herein, whether express or implied, shall be deemed to create an obligation on the part of the State to indemnify, defend, hold harmless or release the Contract Vendor, Contract Vendor’s subcontractors, or Contract Vendor’s agents. This shall extend to all agreements related to the subject matter of this Participat ing Addendum, and to all terms subsequently added, without regard to order of precedence. 40. ORDERING ENTITY. The Contract Vendor will accept Orders and Statement of Work documents from the Office of MN.IT Services, and from eligible CPV members upon supplying the required Security Disclosure to such CPV Members. The State reserves the right to add additional State Agencies and CPV members, as defined in General Terms and Conditions section 1.Definitions, to the Contract upon mutual agreement by both parties. 41. AUDIT COSTS. If the State is required to pay Contract Vendor’s audit and collection costs, and/or attorney’s fees, the State is only required to pay such costs and/or fees up to an aggregate of $5,000. 42. NO AUTOMATIC RENEWALS. The State does not agree to any automatic renewals which require the payment of additional fees. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 192309 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 17 of 26 43. NO MANDATORY MEDIATION OR ARBITRATION. Any term or condition that requires the parties to mediate or arbitrate is null and void. Voluntary dispute resolution procedures are valid to the extent allowed by law. 44. TERMS AND CONDITIONS LIMITED BY MINNESOTA LAW. The State only agrees to the terms and conditions of the Contract to the extent permitted by Minnesota law. 45. STATE’S RIGHTS AND REMEDIES CUMULATIVE. All rights and remedies provided in the Contract are cumulative and not exclusive of any other rights or remedie s that may be available to the State, whether provided by law, equity, statute or otherwise. 46. CONTRACT VENDOR DISCLAIMERS OF WARRANTIES INVALID. Any term or condition that excludes, disclaims, or limits a Contract Vendor warranty is null and void. 47. DATA DISCLOSURE. Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the Contract Vendor consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Contract Vendor to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities. 48. DEBARMENT BY STATE, ITS DEPARTMENTS, COMMISSIONS, AGENCIES, OR POLITICAL SUBDIVISIONS Contract Vendor certifies that neither it nor its principals is presently debarred or suspended by the State, or any of its departments, commissions, agencies, or political subdivisions. Contract Vendor’s certification is a material representation upon which the Contract award was based. Contract Vendor shall provide immediate written notice to the State’s Authorized Representative if at any time it learns that this certification was erroneous when submitted or becomes erroneous by reason of changed circumstances. 49. PROFESSIONAL/TECHNICAL (P/T) SERVICES For eligible Minnesota state agencies utilizing this contract, Professional/Technical Services must be within the scope of services available through the Master Contract. 50. RETAINAGE. Under Minn. Stat. § 16C.08, subd. 2 (10), for Professional and Technical services performed under the terms of this Contract, no more than 90 percent of the amount due for those Professional and Technical Services may be paid until the final product has been reviewed by the State’s agency head. The balance due will be paid when the State’s agency head determines that the Contract Vendor has satisfactorily fulfilled those Professional and Technical Services. 51. FEDERAL FUNDS. Payments under this Contract may be made from federal funds obtained by the State. The Contract Vendor is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Contractor’s failure to comply with federal requirements. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 193310 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 18 of 26 52. ORGANIZATIONAL CONFLICTS OF INTEREST To the best of Contract Vendor's knowledge, execution and performance of this Contract does not give rise to a Conflict of Interest (as defined below). Each party agrees to promptly notify the other if, at any time during the term of this agreemen t, either party becomes aware that it has an actual or potential conflict of interest, including any relationship that may impair the party's objectivity or ability to perform its obligations hereunder (a "Conflict of Interest"). Upon such notice, the parties will meet and engage in good faith negotiations to resolve the alleged or potential conflict in accordance with the dispute resolution provision set forth in Section 10 of the Master Agreement (“Defaults and Remedies”). If the parties are unable to resolve the conflict after a reasonable time, the parties may mutually agree to terminate this Addendum in accordance with Section 7 of the Master Agreement (“Cancellation”). 53. REIMBURSEMENT OF PROFESSIONAL SERVICES In addition to the terms and conditions set forth in the Master Agreement the parties hereby agree to insert the following sentences at the end of such subsection : “Reimbursement of expenses related to the Provision of Professional Services, if any, shall be in accordance with the terms and conditions of the relevant Order and/or exhibit thereunder. In the event that the relevant Ordering Document does not include specific amounts or caps on expenses, the applicable Purchasing Entity shall not be liable to pay any expenses not explicitly agreed to in writing prior to the expenses being incurred.” 54. CAUSE OF ACTION Except for actions for nonpayment or breach of Contract Vendor’s proprietary rights, no action, regardless of form, arising out of or relating to this Addendum may be brought more than six years after the cause of action has accrued. 55. IMMIGRATION STATUS CERTIFICATION Contract Vendor agrees to comply with the Immigration Reform and Control Act of 1986 (“IRCA”) in relation to all employees performing work in the United States. Contract Vendor does not knowingly employ person in violation of the United States immigration laws. As of the date of this Addendum, Contract Vendor has implemented the E-Verify program for all newly hired U.S.-based employees who will perform work on this Addendum in the United States. In connection with orders of Professional Services under this Addendum, Contract Vendor will include this clause or a substantially equivalent clause in all of its subcontracts issued under this Addendum and shall obtain the State of Minnesota-Immigration Status Certification from all subcontractors performing servic es under this Addendum and maintain such certifications for inspection by the Participating State if such inspection is requested by the Participating State. If Contract Vendor is not in compliance with this section and has not cured its non-compliance within 30 days of written specification of such non-compliance from the Participating State, the Participating State reserves the right to determine what action it DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 194311 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 19 of 26 may take, including but not limited to terminating this Addendum (in accordance with Section 10 of the Master Agreement) and/or suspending or debarring Contract Vendor from state purchasing in accordance with and subject to Minnesota law. 56. QUOTES – MINIMUM CONTENT. The content specified in Section 3.3.2 (Minimum Invoice Requirements) of SECTION 2-B (Pricing Document) of the Master Contract shall be placed by Contract Vendor on all Quotes submitted to the State, except for content that is clearly unknown at this stage (e.g., customer PO number). In addition to any other information required by the Master Contract the subsequent invoice shall contain the final quantities, final pricing and the final term dates for subscription products and services. To the extent not already required by the Master Contract, Contract Vendor shall include the following on each Quote provided to the State: a. Product description including part number and license/product type (e.g., SaaS Subscription, Cloud Hosting Fee, Term License, Maintenance and Support, and Installation Services) in a format compatible with the Online Catalog; b. To the extent known and applicable, the start and end dates of subscription license terms, maintenance and support terms, etc. If dates are to be determined, for example for new subscriptions, it should be made clear that any dates are estimates pending issuance of a Purchase Order from the State. Indicate “none” or “not applicable” if the product is not sold on a subscription or fixed term basis; c. The cost to the Contractor, the percentage increase/markup applied, and the total cost to the State; d. Quote-specific contact name, email address and telephone number; e. Quote date, expiration date and quote number. If the quote is re-issued or modified at a later date, the new quote shall include the date of revision and/or a new number such that each quote can be uniquely referenced; f. A clear reference that the products and services in the quote are being quoted under the terms of this Participating Addendum (including the State’s contract number) and/or the State’s Contract Release that incorporates this Participating Addendum; g. When known, reference to applicable terms and conditions between the State and the Publisher; h. Notes as needed to clarify the terms of the offer, provided that such notes are not in conflict with the Contract or with an agreement between the State and the Publisher. 57. MULTI-YEAR QUOTES. In certain circumstances Contractor may issue a quote that spans multiple years. Such quote by itself does not bind the State to Product renewal and payment beyond the first year. If the State has entered into a written agreement with t he Software Publisher that binds the State to a term of more than one year, the State is not obligated to use DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 195312 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 20 of 26 the same Reseller for all years of the term unless the State agrees to such an obligation in a duly executed document. 58. LICENSING AND RELATED TERMS AND CONDITIONS. Contractor is prohibited from including web links or other references to a Software Publisher’s licensing, maintenance, support, hosting, or other terms and conditions on its quote documents or in attachments thereto unless (1) the reference is to a specific agreement that has been executed between the State and the Software Publisher, (2) the reference is to an agreement that Contractor has negotiated with the Software Publisher, Distributor and/or other party under the terms of the Master Agreement and that the State accepts in writing from a person with appropriate signature authority, or (3) is agreed upon by the State and Contractor. No Software Publisher or Contractor term or condition shall be constructed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. In accordance with Section 3.5 of SECTION 2-C of the Master Agreement, Contractor shall make reasonable efforts to advise Software Publishers that where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an “Electronic Ordering System”, the State will consider any such terms and conditions to be deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, the State will consider those terms and conditions will also be void. 59. PERFORMANCE Contractor agrees that, from and after the date that the applicable services commence, its performance of the Scope of Services will meet or exceed industry best practices subject to the limitations and in accordance with the provisions set forth in this Contract. If the Services provided pursuant to this Contract are changed, modified or enhanced (whether by Change Order or through the provision of new Services), The State and the Contractor will review the current performance experience and will in good faith determine whether such experience should be adjusted and whether additional services should be implemented or whether services be removed. The following requirements shall also apply: 1. Failure to Perform If Contractor fails to complete any deliverable, then Contractor shall: 1.1 Promptly perform a root-cause analysis to identify the cause of such failure; 1.2 Use commercially reasonable efforts to correct such failure and to begin meeting the requirements as promptly as practicable; 1.3 Provide the State with a report detailing the cause of, and procedure for correcting, such Master Agreement failure; and 1.4 If appropriate under the circumstances, take action to avoid such failure in the future. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 196313 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 21 of 26 2. Root-Cause Analysis In the event of the Contractor's failure to perform required services or meet agreed upon service levels or other Contractor service standards as required by the State under this Contract, the Contractor shall perform an analysis of the cause of the service level problem and implement remediation steps as appropriate. The State shall have the right to review the analysis and approve the remediation steps prior to or subsequent to their implementation, as deemed appropriate by the State, if the remediation steps impact State assets or operational processes. 60. COMPENSATION Should the Contractor fail to provide all required services or deliver work products, as agreed upon by State and the Contractor, the State shall be entitled to invoke applicable remedies, including but not limited to, withholding payment to the Contractor and declaring the Contractor in material breach of the Contract. If the Contractor is in any manner in default of any obligation or the Contractor’s work or performance is reasonably determined by the State to be defective, sub-standard, or if audit exceptions are identified, the State may, in addition to other available remedies, either adjust the amount of payment or withhold payment until satisfactory resolution of the default, defect, exception or sub-standard performance. The Contractor shall reimburse the State on demand, or the State may deduct from future payments, any amounts paid for work products or performance which are determined to be an audit exception, defective or sub- standard performance. The Contractor shall correct its mistakes or errors without additional cost to the State. Subject to applicable publisher specifications, the State shall be the sole determiner as to defective or sub-standard performance. The Contractor shall fulfill their contractual requirements including the Deliverables identified in the Statement of Work and fulfill the roles and responsibilities described in the Statement of Work for a firm fixed price, inclusive of travel and travel-related expenses. The fixed amount shall be inclusive of any fees for the use of any third party products or services required for use in the performance of this Contract 61. CONTRACTOR PERFORMANCE REPORTS Program management shall document Contractor performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Specialist for approval of the plan. 62. CONTRACT REVIEWS Contractor shall cooperate with the State and provide reports as required under Section 2.5.7 of SECTION 2-A of the Master Contract. Upon approval by the State’s Procurement Office, an individual State agency or CPV may make requests for similar reports and Contractor shall provide an equivalent report, specific to the purchases made by that agency or CPV. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 197314 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 22 of 26 63. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 198315 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 23 of 26 GENERAL INSURANCE REQUIREMENTS The Contractor/Contract Vendor (Contract Vendor) shall maintain insurance to cover claims which may arise from operations under this Contract, The Contract Vendor shall not commence work under the Contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. The Contract Vendor shall maintain such insurance in force and effect throughout the term of the Contract. All coverages and limits shall remain in force and effect throughout the term of the Contract. NOTICE TO THE CONTRACT VENDOR: The failure of the State of Minnesota to obtain a Certificate of Insurance, for the policies required under this Contract or renewals thereof, or failure of the insurance company to notify the State of the cancellation of policies required under this Contract shall not constitute a waiver by the Owner to the Contract Vendor to provide such insurance. The Owner reserves the right to immediately terminate the Contract if the Contract Vendor is not in compliance with the insurance requirements and the Owner retains all rights to pursue any legal remedies against the Contract Vendor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s authorized representative upon written request. NOTICE TO INSURER: The Contract Vendor’s insurance company(ies) waives its right to assert the immunity of the State as a defense to any claims made under said insurance. REQUIREMENTS FOR THE CONTRACT VENDOR: The Contract Vendor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contract Vendor’s performance under this Contract. If Contract Vendor receives a cancellation notice from an insurance carrier affording coverage herein, Contract Vendor agrees to notify the State of Minnesota within fifteen (15) business days with a copy of the cancellation notice, unless Contract Vendor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. The Contract Vendor is responsible for payment of Contract related insurance premiums and deductibles. If the Contract Vendor is self-insured, a Certificate of Self-Insurance must be attached. Insurance companies must either (1) have an AM Best rating of A- (minus) and a Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the MN Department of Commerce if they are not rated by AM Best. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 199316 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 24 of 26 The Contract Vendor’s Umbrella or Excess Liability insurance policy may be used to supplement the Contract Vendor’s policy limits to satisfy the full policy limits required by the Contract. POLICY REQUIREMENTS: 1. Workers’ Compensation Insurance: Statutory Compensation Coverage. Except as provided below, Contract Vendor must provide Workers’ Compensation insurance for all its employees and in case any work is subcontracted, Contract Vendor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Minimum limits of liability: Coverage B – Employer’s Liability $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident If Minn. Stat. § 176.041 exempts the Contract Vendor from Workers’ Compensation insurance or if the Contract Vendor has no employees in the State of Minnesota, the Contract Vendor must provide a written statement, signed by the authorized signer of the Contract, stating the qualifying exemption that excludes the Contract Vendor from MN Workers’ Compensation requirements. If during the course of the Contract the Contract Vendor becomes eligible for Workers’ Compensation, the Contract Vendor must comply with the Workers’ Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. Evidence of Subcontractor insurance shall be filed with the Contract Vendor. 2. Automobile Liability Insurance: The Contract Vendor shall maintain insurance to cover liability arising out of the ownership, operation, use or maintenance of all owned, hired and non-owned autos, and in case any work is subcontracted the Contract Vendor will require the subcontractor to maintain Automobile Liability insurance. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence – Bodily Injury and Property Damage Combined Single Limit B. Coverages: X Owned Automobile X Non-owned Automobile X Hired Automobile Evidence of Subcontractor insurance shall be filed with the Contract Vendor. 3. General Liability Insurance: DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 200317 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 25 of 26 The Contract Vendor shall maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contract Vendor or by a subcontractor or by anyone directly or indirectly employed by the Contract Vendor under the Contract. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence $2,000,000 - Annual Aggregate $2,000,000 - Annual Aggregate applying to Products/Completed Operations B. Coverages X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket Contractual X Products and Completed Operations X State of Minnesota named as an Additional Insured 4. Network Security and Privacy Liability Insurance (or equivalent): Contractor shall maintain insurance to cover claims which may arise from failure of Contractor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of confidential or private information, transmission of a computer virus or denial of service. Contractor is required to carry the following minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate 5. Professional/Technical, Errors and Omissions, including Network Security and Privacy Liability Insurance (or equivalent Network Security and Privacy Liability coverage endorsed on another form of liability coverage or written as a standalone policy): This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under the contract. Contractor is required to carry the following minimum limits: $2,000,000 – per claim or event $2,000,000 – annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the State. If the Contractor desires authority from the State to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the State can ascertain the ability of the Contractor to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three (3) years, DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 201318 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 26 of 26 following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 202319 NASPO VALUEPOINT SOFTWARE VALUE-ADDED RESELLER (SVAR) - Maximum Markup on Reseller's invoiced cost Pricing Model State of Minnesota Contract# CTR060028 Publisher Maximum Markup on Reseller's invoiced cost All publishers except Microsoft Tier I Publishers (Key Itemized Publishers) Adobe 4.00% CA Technologies 3.50% Cisco 4.50% Commvault 4.00% IBM 3.50% Red Hat 4.50% Splunk 4.50% Tableau 4.50% Veeam 4.00% VMWare 4.50% Tier II Publishers (Other Itemized Publishers) Autodesk 4.00% Barracuda Networks 3.00% BMC Software 4.50% Check Point Software 5.50% Cherwell 3.00% Citrix 5.50% Chatsworth Products (CPI)3.00% Crowdstrike 5.50% Dell 4.50% Delphix 3.00% Docusign 5.50% Dynatrace 4.50% Forcepoint 4.00% Fortinet 5.50% Google 5.00% Informatica 4.50% Ivanti 4.50% Knowbe4 4.50% Mcafee 4.50% Micro Focus 4.50% Mulesoft 3.00% Netmotion 4.50% Okta 4.50% Opentext 4.50% Progress Software 3.00% Proofpoint 5.50% Quest Software 4.50% DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 203320 Rapid7 4.50% RSA Security 4.00% Salesforce 5.50% SAP 4.50% Solarwinds 4.50% Sophos 5.00% Spillman 3.00% Symantec 4.50% Tenable 4.50% Trend Micro 4.50% Varonis 4.50% Veritas 4.50% Zoho 4.50% Non-itemized Publishers All other publishers 7.00% General Services (excluding Microsoft)Maximum Markup on Reseller's invoiced cost Publisher provided Services 21.00% Other 3rd party provided services 21.00% Other SHI provided services 21.00% Microsoft Offerings Maximum Markup on Reseller's invoiced cost Itemized Microsoft Offerings EMS E5 2.00% G1 2.00% G2 2.00% G3 2.00% G5 2.00% Govt E4 2.00% Advanced Threat Protection 2.00% Power BI 2.00% Exchange Online 2.00% Kiosk F3 Now 2.00% Dynamics 2.00% PowerApps 2.00% Project Online 2.00% Azure 3.00% All Other Microsoft Offerings SaaS 2.00% On-Premise 2.00% Resold In-scope Professional Services - Ongoing maintenance & support services not included in software license agreement 2.00% - Deployment services 2.00% - Architectural design services 2.00% - Training deployment services 2.00% DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 204321 All other resold in-scope professional services 2.00% Microsoft Services Maximum Markup on Reseller's invoiced cost Microsoft provided Services 21.00% Other 3rd party provided services 21.00% Other SHI provided services 21.00% Microsoft Premier Support Agreement 6.00% Reseller Services (General and Microsoft)Hourly Rate Asset Management $300.00 Solutions Architect $225.00 Senior Solutions Architect $250.00 Program Engagement Manager $125.00 Project Leader $125.00 Project Manager $125.00 Senior Project Manager $175.00 All Other In-Scope Reseller Services $300.00 DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 205322 NASPO VALUEPOINT SOFTWARE VALUE-ADDED RESELLER (SVAR) - Maximum Markup on Reseller's invoiced cost Pricing Model DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 206323 City Council Item November 18, 2024 Item Public Works Fuel Canopy File No.ENG 24-17, CIP #MBPW-042 Item No: D.11 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves a resolution awarding a construction contract with Greystone Construction Company for the installation of a canopy over the fuel pump area at the Public Works facility." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Add a canopy over the fuel island at the PW facility. BACKGROUND This canopy was part of the original PW building design but was removed from construction as a cost- savings item. The structural footings were installed however, knowing the canopy may be added later. The canopy work was designed in 2022, but due to elevated costs coming out of the pandemic, the project was shelved for a couple of years. DISCUSSION The canopy is similar to any typical metal roof that you see at a gas station over the fuel pumps. The canopy will protect the fueling equipment and staff from sun, rain, and snow. The primary reasons for 207 adding the canopy are: To protect the longevity of the pump equipment and fuel tracking system controller To alleviate icy conditions in the winter due to flat pavement and difficulty in clearing snow/treating ice, which has been a documented safety issue To keep staff and paperwork out of the elements, particularly precipitation The project has an established substantial completion date of June 1, 2025. BUDGET CIP Project MBPW-042 established an overall project budget of $300,000. The design fee contract was for $12,000, but there will be construction material testing costs estimated at $15,000 still to come. The construction cost estimate was below the public bid threshold of $175,000, so we solicited quotes for the work with responsible contractor language. Greystone's proposal is $172,676; the city previously obtained a quote from Ebert which was $243,000. The City does not charge itself permitting fees for city projects. Using the Greystone quote, the costs put the project at ~$100,000 under budget. RECOMMENDATION Staff recommends awarding of the contract. ATTACHMENTS Resolution CIP MBPW-042 PW Fuel Island Canopy FORM OF AGREEMENT - Greystone-Chanhassen-PW Fuel Canopy CHANHASSEN FUEL ISLAND CANOPY DRAWINGS Greystone Proposal 208 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 18, 2024 RESOLUTION NO: 2024-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH GREYSTONE CONSTRUCTION COMPANY FOR INSTALLATION OF THE PUBLIC WORKS FUEL ISLAND CANOPY WHEREAS,the original design intent for the Public Works Facility was to include a roof canopy over the fuel pump area; and WHEREAS,the Cityremoved the canopy scope from construction at the time dueto cost cutting measures, but did install the structural footing for said canopy with the understanding it would be added in the future; and WHEREAS,the current 5-yr Capital Improvement Plan (CIP) has the canopy project identified as Project No. MBPW-042; and WHEREAS,Quotes were obtained from reputable contractors for the work, with the low quote being below the public bid threshold and under the CIP Project budget. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes the Mayor and City Manager to enter into a Contract with Greystone Construction Company for installation of the Public Works Fuel Island Canoy Project. PASSED AND ADOPTED by the Chanhassen City Council this 18th day of November, 2024. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 209 This requests information is generated from Final Adopted CIP 2024-2028 CIP 2024-2028 FINAL ADOPT, Adopted Version. Facilities - Public Works Fuel Island Canopy Overview Request Owner Charlie Howley, PW Director/City Engineer Department Public Works Facility Form Type Capital Improvement Request Type Building and Facilities Project Number MBPW-042 Description Add a canopy over the fuel island at the PW facility.  The canopy will protect fueling equipment and staff. The pavement around the fuel island is at and irregular, which makes winter maintenance difcult and commonly results in icy conditions. This canopy was part of the original PW building design, but was left out as a cost-savings item even though structural footings are in place. Details Type of Project Other Location 210 Capital Cost Breakdown Capital Cost FY2024 Total Construction/Maintenance $300,000 $300,000 Total $300,000 $300,000 Capital Cost FY2024 Budget $300,000 Total Budget (all years) $300K Project Total $300K Capital Cost by Year (Adopted) Construction/Maintenance 2024 $300,000.00 $0 $80K $160K $240K Capital Cost for Budgeted Years (Adopted) TOTAL $300,000.00 Construction/Maintenance (100%)$300,000.00 211 Funding Sources Breakdown Funding Sources FY2024 Total Facilities Capital - Fund 402 $120,000 $120,000 Utility Fund - Water $60,000 $60,000 Utility Fund - Sewer $60,000 $60,000 Utility Fund - SW Mgmt $60,000 $60,000 Total $300,000 $300,000 Funding Sources FY2024 Budget $300,000 Total Budget (all years) $300K Project Total $300K Funding Sources by Year (Adopted) Facilities Capital - Fund 402 Utility Fund - Sewer Utility Fund - SW Mgmt Utility Fund - Water 2024 $300,000.00 $0 $80K $160K $240K Funding Sources for Budgeted Years (Adopted) TOTAL $300,000.00 Facilities Capital - Fund 402 (40%)$120,000.00 Utility Fund - Sewer (20%)$60,000.00 Utility Fund - SW Mgmt (20%)$60,000.00 Utility Fund - Water (20%)$60,000.00 212 FORM OF AGREEMENT - Greystone-Chanhassen-PW Fuel Canopy 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES FOR CONSTRUCTION OF A FUEL ISLAND CANOPY AT THE CITY OF CHANHASSEN PUBLIC WORKS FACILITY AGREEMENT made this 18th day of November, 2024, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and GREYSTONE CONSTRUCTION COMPANY, a Minnesota Corporation ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. City of Chanhassen 2024 General Conditions of Construction Contracts B. Construction Plans by Oertel Architects dated 06/23/2022. C. Contractor’s Proposal dated 11/06/2024. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents (“Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. 213 FORM OF AGREEMENT - Greystone-Chanhassen-PW Fuel Canopy 2 D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4. COMPENSATION. Contractor shall be paid by the City for the goods and services described in Paragraph 2 in accordance with the Proposal, but not to exceed $ 172,676 which is inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded, unless authorized by a written change order signed by the City. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before June 1, 2025. 6. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 9. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. 10. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 214 FORM OF AGREEMENT - Greystone-Chanhassen-PW Fuel Canopy 3 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. This contract may be terminated by the City at any time upon discovery by the City that the Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. §16C.285, Subdivision 3, the Responsible Contractor statute. 12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 14. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation 215 FORM OF AGREEMENT - Greystone-Chanhassen-PW Fuel Canopy 4 Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 15. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 17. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 216 FORM OF AGREEMENT - Greystone-Chanhassen-PW Fuel Canopy 5 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 21. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 22. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 23. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 24. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. 217 FORM OF AGREEMENT - Greystone-Chanhassen-PW Fuel Canopy 6 Dated:__________________, 2024 CITY OF CHANHASSEN By: Elise Ryan, Mayor And: Laurie Hokkanen, City Manager Dated:__________________, 2024 GREYSTONE CONSTRUCTION COMPANY By: Print Name:_________________________________ Its:________________________________________ 218 219 220 ENGINEER IN THE STATE OF MINNESOTA. 221 ENGINEER IN THE STATE OF MINNESOTA. 222 ENGINEER IN THE STATE OF MINNESOTA. 223 ELECTRICAL SYMBOLS NURSE CALL - PATIENT (CB, SA, AND PILLOW SPEAKER) N NURSE CALL - DUTY STATION N D NURSE CALL - CODE BLUE N CB NURSE CALL - STAFF ASSIST N SA NURSE CALL - DOME LIGHT N DL NURSE CALL - TOILET PULL N T SAFETY SWITCH MOTOR STARTER COMBINATION MOTOR STARTER/SAFETY SWITCH T THERMOSTAT B RELAY ELECTRICALLY OPERATED SOLENOIDS GROUND CONDUIT STUB INDICATES DEVICES SHOWN UNDER COMMON COVERPLATE 46" 60" 60" 60" LIGHT FIXTURE a NL 2 B TYPE DESIGNATION CIRCUIT NUMBER SWITCH REFERENCE (RC# = RELAY CONTROL) HALF FILLED INDICTATES AN EMERGENCY LIGHT NL (NL=NIGHT LIGHT) RECESSED DOWNLIGHT PENDANT - COORDINATE LENGTH WITH ARCHITECT WALL-MOUNTED FIXTURE EXTERIOR DEFAULT MOUNTING HEIGHT = 12' TRACK LIGHTING- INDICATES NUMBER OF LIGHTS EXIT LIGHT-WITH DIRECTIONAL ARROW(S); DARKENED AREA INDICATES NUMBER AND ORIENTATION OF FACES EXIT LIGHT-WITH EMERGENCY LIGHTING HEADS AND DIRECTIONAL ARROWS EMERGENCY LIGHTING WALL PACK EMERGENCY LIGHTING REMOTE HEAD SSTANDARD SNAP LIGHT SWITCH 46" LOW-VOLTAGE SWITCH; "LD#" INDICATES A SPECIFIC LOW-VOLTAGE LIGHTING DETAIL; LOW VOLTAGE SWITCH. "LD#" INDICATES CONTROL TYPE REFER TO CORRESPONDING DETAIL FOR REQUIRED DEVICES AND CONNECTIONS FOR LIGHTING, SENSOR AND RECEPTACLE CONTROL. LD#46" DIMMER SWITCHD 46" THREE-WAY SWITCH3 46" FOUR-WAY SWITCH4 46" KEY-OPERATED SWITCHK 46" SWITCH WITH PILOT LIGHT 46" ON/OFF SWITCH WITH OCCUPANCY SENSOROS 46" OS OCCUPANCY SENSOR: D1 - CEILING MT, 500SF DUAL TECH, STANDALONE W/ POWER PACK D2 - CEILING MT, 2000SF DUAL TECH, STANDALONE W/ POWER PACK L1 - CEILING MT, 2000SF DUAL TECH, CONNECTED TO LTG CTRL PANEL W1 - WALL MT AT SWITCH LOCATION, 1-BUTTON FOR ON/OFF W2 - WALL MT AT SWITCH LOCATION, 2-BUTTON FOR LEVEL CONTROL N1 - CEILING SENSOR CONNECTED TO ROOM CONTROLLER PER DETAIL N2 - CEILING SENSOR CONNECTED TO ROOM CONTROLLER PER DETAIL N3 - WALL MT, GYMNASIUM W/ WIREGUARD ##S S S S S S S DS DAYLIGHT SENSOR (TO ROOM CONTROLLER ); DAYLIGHT SENSOR CONNECTED TO ROOM CONTROLLER FOR DIMMED DAYLIGHT CONTROL. REFER TO DAYLIGHTING CONNECTION DETAIL. TIME-SWITCH (TC: TIME-CLOCK) PHOTOCELL TS PC ELECTRICAL SWITCHBOARD OR SPECIALTY EQUIPMENT; SEE LABELLING OR KEYED NOTE ON SHEET PANELBOARD MOUNT TOP OF PANEL AT 6.0' A.F.F. J JUNCTION BOX 18" ACTIVATION KIT IN FLOORBOX. PROVIDE 2" CONDUIT TO ACCESSIBLE CEILING SPACE FOR FUTURE A/V INSTALL BY OWNER.EC # #VIEW REFERENCE; REFER TO INDICATED SECTION OR DETAIL MOTOR OR EQUIPMENT; SEE SCHEDULESEF-1 ELECTRICAL KEY NOTE SYMBOL NUMBER# A AMPERE AB ABOVE BACKSPLASH AC ALTERNATING CURRENT ADD ADDENDUM AFF ABOVE FINISHED FLOOR AFG ABOVE FINISHED GRADE AHU AIR HANDLING UNIT ARCH ARCHITECTURAL ATS AUTOMATIC TRANSWER SWITCH AUTO AUTOMATIC BCCT BOTTOM OF CABLE TRAY C CONDUIT CB CIRCUIT BREAKER CCT, CKT CIRCUIT CCTV CLOSED CIRCUIT CONNECTION CLG CEILING COMB COMBINATION CONN CONNECT, CONNECTION CONTR CONTRACTOR CUH CABINET UNIT HEATER DIST DISTRIBUTION DN DOWN DWG DRAWING EA EACH EC ELECTRICAL CONTRACTOR ELR END-OF-LINE RESISTOR EM EMERGENCY EMS EMERGENCY MANAGEMENT SYSTEM EP ELECTRICAL PNEMATIC SWITCH EQUIP EQUIPMENT EX EXISTING EXPL EXPLOSION PROOF FA FIRE ALARM FDR FEEDER FIN FINISHED FLR FLOOR FLA FULL LOAD AMPS FSEC FOOD SERVICE EQUIPMENT CONTRACTOR FACP FIRE ALARM CONTROL PANEL GND,GRD GROUND GFI,GFCI GROUND-FAULT CICUIT INTERRUPTER HOA HAND-OFF-AUTOMATIC ALARM HP HORSEPOWER HTG HEATING HTR HEATER HUH HORIZONTAL UNIT HEATER HZ HERTZ I/L INTERLOCK I/C INTERCOM IDF INTERMEDIATE DISTRIBUTION FRAME IC INTERRUPTING CAPACITY IG ISOLATED GROUND JB JUNCTION BOX KVA KILOVOLT-AMPERE KW KILOWATT LOC LOCATION LTG LIGHTING LV LOW-VOLTAGE MAX MAXIMUM MCC MOTOR CONTROL CENTER MDF MAIN DISTRIBUTION FRAME MECH MECHANICAL MIN MINIMUM MFGR MANUFACTURER MSS MOTOR STARTER SWITCH MTC EMPTY CONDUIT MTD MOUNTED MTS MANUAL TRANSFER SWITCH ELECTRICAL ABBREVIATIONS SHEET INDEX SYMBOL DESCRIPTION HEIGHT LIGHTING COMMUNICATIONS BELL OR OTHER AUDIBLE DEVICE 80"B V VOLUME CONTROL 46" A AUDIO JACK M MICROPHONE; WALL OR CEILING MOUNTED 18"/CLGM S PROJECTION SPEAKER; "WP" ANNOTATION INDICATES WEATHERPROOF EXTERIOR SPEAKER 80" S J SPEAKER JACK LOCAL SOUND SYSTEM SPEAKERS S SPEAKER; WALL OR CEILING MOUNTED; "V" ANNOTATION INDICATES SPEAKER WITH VOLUME CONTROL 80"/CLGS C CLOCK W/ TWO FACES; END-MOUNT 80" C CLOCK TV TV CONNECTION ROUGH-IN; SINGLE-GANG JUNCTION BOX W/ (1) DATA DROP TERMINATED IN BISCUIT BOX 60" 80" SB SMARTBOARD CONNECTION ROUGH-IN; PROVIDE A 1900 DEEP JUNCTION BOX WITH (2) 1" EMPTY CONDUITS TO THE CEILING SPACE ABOVE. PROVIDE A 2 GANG MUD RING WITHOUT ANGLED CORNERS FOR THE FUTURE SMARTBOARD OR AV SYSTEM. 18" AV A/V CONNECTION ROUGH-IN; PROVIDE 5" SQUARE BOX WITH (1) 1-1/4" CONDUIT TO ACCESSIBLE CEILING SPACE FOR FUTURE INSTALLATION OF A/V DEVICES BY OWNER. 18" MEDICAL MISCELLANEOUS SYMBOL DESCRIPTION HEIGHT SYMBOL DESCRIPTION HEIGHT NA NOT APPLICABLE NC NORMALLY CLOSED NO NORMALLY OPEN NF NON-FUSED OC ON CENTER OS COCCUPANCY CENTER PB PULL-BOX PE PNEMATIC-ELECTRIC SWITCH PH PHASE PNL PANEL PR PAIR PVC POLY-VINYL-CHLORIDE PWR POWER REC RECEPTACLE RM ROOM S DENOTES “SURFACE” DEVICE SHT SHEET SPC SPACE SPR SPARE SS STAINLESS STEEL SW SWITCH SWBD SWITCHBOARD SWGR SWITCHGEAR TC TIME-CLOCK TELE TELEPHONE TERM TERMINAL TS TIME-SWTICH TSFR TRANSFER TV TELEVISION TYP TYPICAL TVSS TRANSIENT VOLTAGE SURGE PROTECTION UG UNDERGROUND UH UNIT HEATER UV UNIT VENTILATOR V VOLTAGE VA VOLT-AMPERE VFD VARIABLE FREQUENCY DRIVE W WATTAGE WM SURFACE WIREMOLD WP WEATHERPROOF RECEPTACLE (DUPLEX)18" BOX AT BASE OF DEVICE INDICATES WIREMOLD-MOUNT, TYP ALL DEVICES. QUADRUPLEX RECEPTACLE 18" GFI RECEPTACLE (DUPLEX)46" COMBINATION USB/DUPLEX RECEPTACLE DUPLEX RECEPTACLE ON EMERGENCY POWER 18" QUADRUPLEX RECEPTACLE ON EMERGENCY POWER 18" GREEN DUPLEX RECEPTACLE ON OCCUPANCY SENSOR REFER TO LOW VOLTAGE DETAILSG 18" GREEN QUADRUPLEX RECEPTACLE ON OCCUPANCY SENSOR REFER TO LOW VOLTAGE DETAILSG 18" DUPLEX RECEPTACLE (TAMPER RESISTANT)TR DUPLEX RECEPTACLE (SPLIT WIRED)18" 18"SPECIAL PURPOSE OUTLET POKE-THRU FLOORBOX; ATTACHED SYMBOLS INDICATE INSTALLED DEVICES/SERVICES IN-GRADE FLOORBOX; ATTACHED SYMBOLS INDICATE INSTALLED DEVICES/SERVICES POWER 1. EQUIPMENT SHALL BE INSTALLED AT THE MOUNTING HEIGHTS INDICATED UNLESS SHOWN OTHERWISE ON THE ARCH. ELEVATIONS, NOTED ON THE DRAWINGS, OR IN THE SPECIFICATIONS. 2. ALL MOUNTING HEIGHTS ARE TO CENTER OF DEVICE FROM FINISHED FLOOR. MOUNTING HEIGHTS INDICATED ON WALL ELEVATIONS, TAKE PRECEDENCE OVER MOUNTING HEIGHTS LISTED ABOVE. 3. LETTERS ADJACENT TO SYMBOLS INDICATE UNIT TYPE -SEE SPECS. 4. DOTTED SYMBOLS INDICATE EXISTING DEVICES. 5. TICK MARKS CONNECTED TO SYMBOLS INDICATE WALL MOUNTED DEVICES. ELECTRICAL SYMBOL GENERAL NOTES PANELBOARD DENOTES WIRE SIZE OTHER THAN #12 AWG ANY CIRCUIT WITHOUT DESIGNATION IS A TWO WIRE CIRCUIT. ANY GREATER NUMBER OF WIRES IS INDICATED BY CROSS MARKS. LONG CROSSMARK IS NEUTRAL(GROUNDED) CIRCUIT NUMBERS INDICATES GROUND WIRE LP1 #8 1,3,5 HOME RUN DOT-SAFETY GRD.) (HOOK ISOLATED GRD; <100A3G>100A 3 G AMPERAGE # OF CONDUCTORS G = GROUND REQUIRED FEEDER TAG CIRCUITING FIRE ALARM MANUAL PULL STATIONF FIRE ALARM SPEAKER; MOUNT AT 80" OR 6.0" BELOW CEILING-WHICHEVER IS LOWEST.F FIRE ALARM STROBE; MOUNT AT 80" OR 6.0" BELOW CEILING-WHICHEVER IS LOWEST.F EMERGENCY STROBE; MOUNT AT 80" OR 6.0" BELOW CEILING-WHICHEVER IS LOWEST.E FIRE ALARM SPEAKER/STROBE; MOUNT AT 80" OR 6.0" BELOW CEILING-WHICHEVER IS LOWEST. F FIRE ALARM SMOKE DETECTORSF HF DSF RF FIRE ALARM HEAT DETECTOR FIRE ALARM DUCT SMOKE DETECTOR REMOTE DUCT SMOKE DETECTOR TEST STATION FS FIRE SMOKE DAMPER; PROVIDE 120v CONNECTION TO THE FIRE SMOKE DAMPER. PROVIDE A DUCT SMOKE DETECTOR WITH CONNECTIONS TO DAMPER & FACP. PROVIDE INTEGRATION WITH SERVING UNIT. DAMPER SHALL CLOSE WHENEVER SERVING UNIT IS NOT RUNNING. SD SMOKE DAMPER; PROVIDE 120v CONNECTION TO THE SMOKE DAMPER. PROVIDE A DUCT SMOKE DETECTOR WITH CONNECTIONS TO DAMPER & FACP. PROVIDE INTEGRATION WITH SERVING UNIT. DAMPER SHALL CLOSE WHENEVER SERVING UNITIS NOT RUNNING. FIRE ALARM FLOW-SWITCHFSF TS FIRE ALARM TAMPER SWITCHF FIRE ALARM SOLENOID VALVESVF FIRE ALARM DOOR HOLD OPEN (MAGNETIC)DHF FIRE ALARM INDIVIDUAL ADDRESSABLE MODULEAMF FIREMANS KEY LOCK BOXKF FIRE ALARM LOCK DOWN FLD FIRE ALARM CONTROL PANELFACP FIRE ALARM ANNUNCIATOR PANEL AND MICROPHONE UNITFAAM 46" FIRE ACCESS CONTROL J-BOXAC COMBINATION CARD READER KEYPADCK CARD READERCR DURESS ALARMDA DOOR CONTACT; PROVIDE ROUGH-IN FOR FUTURE DOOR CONTACTS. ROUTE CONDUIT FROM FRAME TO EXTERIOR OF BUILDING. DC ELECTRIC LOCKEL GLASS BREAK SENSORGB INTERCOMIC INTERCOM MASTERIM KEYPADKP LOCAL ALARMLA LOCK DOWNLD MOTION DETECTORMD PUSH BOTTONPB POWER DOOR OPERATORPO POWER SUPPLYPS INTEGRATION RELAYR WIRELESS DURESS REPEATERRP REQUEST-TO-EXIT DEVICERX WIRELESS DURESS RECEIVERWR WORK STATIONWS PAN/TILT/ZOOM SURVEILLANCE CAMERAC PTZ C CAMERA ROUGH-IN; PROVIDE (1) DATA DROP DOOR SECURITY ROUGH-IN; REFER TO DOOR SECURITY ROUGH-IN DETAIL SECURITY DATA DATA OUTLET; STANDARD (3) DATA DROPS; PROVIDE DEVICES INDICATED AND A 2 GANG DEEP BOX WITH TWO (2) 3/4" CONDUITS FOR DATA/VOICE Cat. 6 CABLING, PROVIDE CAT 6 CABLING TO NEAREST DATA CLOSET OR AS INDICATED ON THE DRAWINGS. 18" WAP CLG WIRELESS ACCESS POINT; STANDARD (2) DATA DROPS; PROVIDE WIRELESS ACCESS POINT AND JACK TERMINATED IN A BISCUIT BOX LOCATED ABOVE THE CEILING. EACH LOCATION SHALL HAVE (2) CAT 6 JACKS. DATA OUTLET; STANDARD (2) DATA DROPS "-D" ANNOTATION DENOTES NONTYPICAL DROP QTY, EG "3D"; PROVIDE DEVICES INDICATED AND A 2 GANG DEEP BOX WITH TWO (2) 3/4" CONDUITS FOR DATA/VOICE Cat. 6 CABLING, PROVIDE CAT 6 CABLING TO NEAREST DATA CLOSET OR AS INDICATED ON THE DRAWINGS. 18" DATA OUTLET; STANDARD (1) DATA DROP; "W" ANNOTATION DENOTES MOUNTING HEIGHT AT 46"; PROVIDE DEVICES INDICATED AND A 2 GANG DEEP BOX WITH TWO (2) 3/4" CONDUITS FOR DATA/VOICE Cat. 6 CABLING, PROVIDE CAT 6 CABLING TO NEAREST DATA CLOSET OR AS INDICATED ON THE DRAWINGS. 18" 18" 46" NUMBER NAME Wire Size* Branch Circuit Sizing (120V, 20A circuits) Circuit Length(ft) #12 AWG0 - 75' #10 AWG76' - 150' #8 AWG151' - 240' #6 AWG241' - 380' Wire size applies to both the hot and neutral conductor. Provide an Equipment ground sized to comply with T250.122 of the NEC. * 1795 ST. CLAIR AVENUE ST. PAUL, MN 55105 (651) 696-5186 www.oertelarchitects.com CHANHASSEN, MN CHANHASSEN OERTEL ARCHITECTS FUEL ISLAND CANOPY SIGNATURE PROJECT NUMBER: DATE ISSUED: DRAWN BY: CHECKED BY: REVISIONS: PROJECT NAME: SHEET NO: DATE SHEET NAME: LICENSE # I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT IN THE STATE OF MINNESOTA. 22-24 2352 E County Road J White Bear Lake, MN 55110 Office: (651) 407-6056 www.paulsonclark.com 46199 Andrew J. Tripp, P.E. E0.0 ELECTRICAL TITLE SHEET AJT RTA 06/23/2022 06/23/2022 E0.0 ELECTRICAL TITLE SHEET E0.1 ELECTRICAL SITE PLAN E1.0 ELECTRICAL PLAN 224 APPROXIMATE LOCATION OF EXISTING PANEL 'FP-1' LOCATED IN ELECTRICAL ROOM ON THE MEZZANINE APPROXIMATE LOCATION OF EXISTING EXTERIOR WIRE WAY SERVING THE FUEL ISLAND. APPROXIMATE LOCATION OF EXISTING WALL PACK. WALL PACK IS CIRCUITED FROM A 208V CIRCUIT FROM FP-1. DISCONNECT AND REMOVE EXISTING FIXTURE. PROVIDE WEATHERPROOF COVER FOR EXISTING WALL PENETRATION. EXISTING CIRCUIT SHALL BE ROUTED TO EXTERIOR WIREWAY AND THEN TO FUEL ISLAND TO SERVE THE NEW CANOPY LIGHTS. PROVIDE SEALS AS REQUIRED PER NEC 514. EXISTING LIGHT TO BE DEMOED EXISTING EXTERIOR WIREWAY 1795 ST. CLAIR AVENUE ST. PAUL, MN 55105 (651) 696-5186 www.oertelarchitects.com CHANHASSEN, MN CHANHASSEN OERTEL ARCHITECTS FUEL ISLAND CANOPY SIGNATURE PROJECT NUMBER: DATE ISSUED: DRAWN BY: CHECKED BY: REVISIONS: PROJECT NAME: SHEET NO: DATE SHEET NAME: LICENSE # I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT IN THE STATE OF MINNESOTA. 22-24 2352 E County Road J White Bear Lake, MN 55110 Office: (651) 407-6056 www.paulsonclark.com 46199 Andrew J. Tripp, P.E. E0.1 ELECTRICAL SITE PLAN AJT RTA 06/23/2022 06/23/2022 1" = 20'-0"1 ELECTRICAL SITE PLAN EXISTING CONDUIT STUB AT COLUMN LOCATION 225 2 E1.0 CC 13,15 CC 13,15 CC 13,15 CC 13,15 13,15 FP-1 AA 13,15 AA 13,15 PROVIDE AN INTERMATIC SPRING WOUND COUNTDOWN TIMER SWITCH (DPST -208V). 0-60MIN, MODEL #FF460M FOR CONTROL OF FLOOD LIGHTS. PROVIDE WEATHERPROOF LEXAN COVER FOR SWITCH. LABEL "FLOOD LIGHTS" ON PHENOLIC THERMOSET PLASTIC PLATE. a aa Location of existing Wall pack to be demoed. Extend Circuit #13,15 of FP-1 from this location(approximate). CC CC EXISTING CONDUIT ROUTED FROM BASE TO EXTERIOR WIREWAY PROVIDE SEAL-OFFS PER NEC 514 ROUTE IMC CONDUIT ON SURFACE OF STRUCTURAL STEEL. ROUTE PARALLEL TO STRUCTURE LINES. PENDANT MOUNT FIXTURES. PROVIDE SWIVEL FITTING TO ALLOW FIXTURE TO HANG PLUMB. AA PROVIDE SURFACE MOUNT WEATHERPROOF J-BOX FOR MOUNTING OF FLOOD LIGHTS PROVIDE SEAL-OFFS PER NEC 514 EXISTING EXTERIOR WIREWAY ROUTE NEW CONDUIT THROUGH BASEPLATE AND OUT OF HANDHOLE LOCATED 18"AFG ON SIDE OF COLUMN NEAREST THE PUMPS. PROVIDE WEATHERPROOF PLATE TO SEAL CONDUIT/COLUMN. TIMER SWITCH FOR CONTROL OF FLOOD LIGHTS (TYPE 'AA'). MOUNT AT 48".14' - 6"PROVIDE SURFACE MOUNT WEATHERPROOF J-BOX FOR FUTURE MOUNTING OF 0-10V DIMMER FOR ADJUSTING THE OUTPUT OF THE FLOOD LIGHTS. 0-10V DIMMING NOT INSTALLED AT THIS TIME. PROVIDE 14 AWG PURPLE AND GRAY CONDUCTORS FROM THIS BOX TO THE BOX OF EACH FLOOD LIGHT. CONNECT CONDUCTORS TO DIMMING LEADS OF FIXTURES. A. All surface mounted conduit shall be verified with arch/engineer prior to installation. Conduit indicated on section is diagrammatic and not meant to represent exact routing. B. All surface mounted conduit and boxes shall be painted. Verify color with architect. C. All conductors shall be copper and installed in conduit. D. All conduit shall be IMC with threaded fittings. Installation shall comply with NEC 514, provide seal-off's as required. E. Type CC fixtures shall be provided with integral controls. Fixtures shall be enabled at 5fc(adjustable). When no motion is present, fixtures shall dim to 35%(adjustable). When motion is present fixtures shall ramp up to 100%(adjustable) within 3 seconds(adjustable). Fixtures shall be disabled above 5fc(adjustable). F. Flood lights (Type 'AA') are intended to illuminate material bins located north of fuel island. Adjust aiming of lights with Owner during after sunset. General Notes 1795 ST. CLAIR AVENUE ST. PAUL, MN 55105 (651) 696-5186 www.oertelarchitects.com CHANHASSEN, MN CHANHASSEN OERTEL ARCHITECTS FUEL ISLAND CANOPY SIGNATURE PROJECT NUMBER: DATE ISSUED: DRAWN BY: CHECKED BY: REVISIONS: PROJECT NAME: SHEET NO: DATE SHEET NAME: LICENSE # I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT IN THE STATE OF MINNESOTA. 22-24 2352 E County Road J White Bear Lake, MN 55110 Office: (651) 407-6056 www.paulsonclark.com 46199 Andrew J. Tripp, P.E. E1.0 ELECTRICAL PLAN AJT RTA 06/23/2022 06/23/2022 Light Fixture Schedule Type Mark Description Input Power Lamp Type Voltage Manufacturer AA Flood Light 165 VA LED 208 V LITHONIA #DSXF3-LED-6-P3-30K-70CRI-FL-208-THK-DDBXD-DMG CC Canopy Light, 3ft 3/4" NPT Pendant Stem, Swivel Adapter 124 VA LED 208 V LITHONIA #VCPGX-LED-V8-P7-30K-80CRI-T5M-208-PM-DF-DDBXD-PIR3FC3V; GARVIN #SC-75R 1/4" = 1'-0"1 FUEL ISLAND & CANOPY - PLAN 1/4" = 1'-0"2 FUEL ISLAND & CANOPY - SECTION 226 Your Vision. Our Team. Great Projects. 2995 Winners Circle Drive #200, Shakopee, MN 55379 | 952-496-2227 | GreystoneConstruction.com Proposal Prepared for Charlie Howley City of Chanhassen Fuel Canopy Chanhassen, MN 11/6/2024 Oertel Structural Plans Dated 6/23/2022 Scope of Work Base Bid $174,476 •Permit Allowance $1,800 (if needed) •Structural Steel o Install and weld structural steel as according to plans listed on proposal o (2) HSS 12x12x5/8 columns approximately 22’ tall with 1 HSS 12x12x5/8 cross member and 1 ½ x 2’x2’x base plates. (2x2x1/4 washers for existing anchors) o (2) HSS16x12x5/8 main beams with 5/8 end caps in tubes o (3) HSS8x6x3/8 main purlins o (8) HSS 8x6x5/16 secondary purlins o (1) set 1 ½” x 20ga. Roof decking with screws o Prime finish o Anchored to existing anchors 227 Proposal prepared for City of Chanhassen Fuel Canopy | Chanhassen, MN Page 2 of 5 •Roof o Roof insulation to be one (1) layer of 1.5” polyisocyanurate set in insulation adhesive. Provide and install tapered crickets between roof scuppers o Roofing to be .060mil Black Fully Adhered EPDM. Provide manufactures Ten (10) year warranty ▪Note: Fully Adhered roof systems are temperature sensitive temps below 32 degrees could delay roof installation. o Flash penetrations shown on drawings any other penetrations will be flashed in on a time and material basis. o Shop fabricate and install sheet metal roof edge coping, scuppers and roof counterflashing to be 24 gauge prefinished steel, color and finish to be selected from manufactures standard color chart. •Flashings o Provide and install UC-501 flush reveal panels 20” wide at locations shown on detail 5 and 6 A002. o Shop fabricate associated trims and flashings to complete the wall panel install to be 24 gauge prefinished steel, standard color. ▪Note: Panel sizes are not the same as shown on drawings they are 20” wide fabricated from 24 gauge prefinished steel. 228 Proposal prepared for City of Chanhassen Fuel Canopy | Chanhassen, MN Page 3 of 5 Exclusions (unless noted in scope above) •Design and Code Compliance •Engineering/Architectural Design •Permits •Utility/Private Locates •Signage •Unforeseen Below Grade Conditions •Emergency Responder Communication Enhancement System •Hazardous Materials •Material Testing •Special Inspections •Winter Conditions •Temp Enclosures •Electrical •Fire Suppression •Mechanical/HVAC •Plumbing •Irrigation •Security Equipment •Landscaping •Seed/Sod Clarifications •Work to be performed between Monday and Friday during regular hours •No overtime or weekend work included •This proposal may be withdrawn by Greystone if not accepted within 30 days •Upon acceptance of this proposal, all notations as stated above shall be incorporated as part of the contract documents unless otherwise noted •The attached Terms of Agreement are part of this Proposal Proposal Prepared By Christian Mertz, Project Manager Greystone Construction | Facility Solutions Division Email: CMertz@greystoneconstruction.com Office: 952-278-1136 | Mobile: 612-979-5818 229 Proposal prepared for City of Chanhassen Fuel Canopy | Chanhassen, MN Page 4 of 5 Terms of Agreement 1.The Work. Contractor agrees to perform, and Owner agrees to accept, the work described per the attached Proposal. 2.Contract Price. Owner agrees to pay to Contractor for the Work in the sum identified in the attached Proposal. 3.Payment Terms. Invoice upon Completion, Due Net 30 Days, No Retainage. At Contractor’s option, monthly progress invoices for projects exceeding 45 days or that require vendor down payment(s), Due Net 30 Days, No Retainage. Payment due but unpaid shall bear interest at the legal rate. 4.Insurance. Contractor shall secure and maintain insurance policies and limits per the attached sample insurance certificate. Owner shall secure, name contractor as additional insured, and maintain policies of property (builder’s risk) and general liability insurance which include coverage for the Work. The parties waive all rights against each other and any of their agents and employees for damages caused by the other to the extent such damages are covered by any of the insurance policies required herein. Prior to the commencement of the Work, each party shall deliver to the other certificates of insurance evidencing the existence of the required insurance. 5.Claims for Consequential Damages. The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. 6.Covenant/Completion of the Work. Contractor shall complete the Work per the schedule outlines. If the progress of the Work is delayed by inclement weather, delays in delivery of materials, acts of God or other casualties or causes beyond Contractor’s control, then the time to commence and/or complete the Work herein shall be extended accordingly along with applicable damages, if any. 7.Indemnification. Contractor, shall indemnify and hold harmless the Owner, its agents and employees, from and against any claims, damages, losses and expenses, arising out of or resulting from the performance of the Work, but only to the extent caused solely by the negligent acts or omissions of Contractor, its subcontractors, anyone directly or indirectly employed by Contractor. Owner agrees to indemnify and hold harmless the Contractor and Design Consultants, and all Subcontractors and Subsubcontractors of Contractor, harmless from all claims for bodily injury, property damage to the extent that such claims are caused by a negligent act or omission of the Owner, its subcontractors, anyone directly or indirectly employed by the Owner and arise from the Owner’s operations under this Agreement. 8.Warranty. The Contractor warrants to the Owner that all materials and equipment furnished under this Agreement will be new, unless otherwise specified, and that all Work will be of good quality, free from improper workmanship, and defective materials, and in conformance with the Drawings and Specifications. The Contractor agrees to correct all Work performed by it under this Agreement which proves to be defective in material and workmanship within a period of one year from the Date of Substantial Completion. The giving of the warranty in this Section shall not be construed to limit or modify any other legal rights or remedies of the Owner, but shall be in addition to such rights and remedies. 9.Permits. Party responsible to obtain and pay for the building permit and any other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work will be per the attached Proposal. 10.Condition of Site. Owner shall provide Contractor with information regarding the condition of the site prior to commencement of construction, including surveys, soils reports and information regarding underground utilities, tanks or other buried equipment or obstructions. Contractor shall not be responsible for damage to known or not known private underground utilities, tanks or other buried equipment or obstructions not clearly disclosed to Contractor prior to commencement of the Work. 11.Existing Conditions. When bound by existing conditions for any work consisting of “replacement in kind” the contractor endeavors to achieve such results with commercially available materials, but does not guarantee exact replication nor warrant that the replacement will meet current codes. 230 Proposal prepared for City of Chanhassen Fuel Canopy | Chanhassen, MN Page 5 of 5 12.Environmental Hazards. Owner is responsible to notify contractor of any known environmental hazards. Owner is responsible for damages and delays for abatement of any known or unknown environmental hazards uncovered during construction. 13.Use of Site. Owner shall provide Contractor with open access to the site for purposes of performing the Work. 14.Clean Up. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 15.Governing Law. These Terms of Agreement shall be governed by the laws of the place where this project is located. 16.Notice of Lien Rights. Pursuant to Minn. Stat. § 514.011, if construction on non-commercial building or commercial building of 5000 square feet or less Contractor provides the following notice to Owner: (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. 17.Entire Agreement. Terms of Agreement, together with the Proposal constitute the entire Agreement between the Contractor and the Owner with respect to the Work. The Agreement may be amended or modified only in writing and signed by both of the parties. Acceptance of unmodified Agreement is triggered upon the earliest of the following: 1) issuance of an owner PO; 2) notice to proceed; 3) start of the Work. Terms agreed to by: OWNER CONTRACTOR Greystone Construction Company By By Title Title Date Date 231 City Council Item November 18, 2024 Item Resolution 2024-XX: Conduct Public Improvement Hearing and Authorize Preparation of Plans and Specifications for the Crimson Bay Road Improvement Project File No.ENG Project No. 23-02 Item No: F.1 Agenda Section PUBLIC HEARINGS Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution ordering the improvements and authorizing preparation of plans and specifications for the Crimson Bay Road Improvement Project." Motion Type 4/5 Vote Strategic Priority Asset Management SUMMARY Tonight's actions are to host the first public hearing for the project, known as the 'improvement hearing', which is a requirement of the M.S. 429 special assessment process, and to consider ordering production of plans and specifications for the final design. The intersection of Crimson Bay Road and State Highway 5 (Arboretum Boulevard) will be permanently closed and removed due to the future Hwy 5 expansion project. Crimson Bay Road is proposed to be extended north to connect with Dogwood Road and West 78th Street. The project also will add storm, sanitary, and water utilities. The current properties on Crimson Bay Road are on well and septic systems. The project layout is attached to this report. 232 BACKGROUND The connection of Crimson Bay Road to the north has been planned for many years with a concept design first developed in 2018, well before the Arboretum Area Transportation Plan (AATP) was being developed. Upon identification of the AATP projects in 2020, the need to implement the Crimson Bay Road project was prioritized. Therefore, in 2022, the City hired a consultant for the design services. The project was intended to have been constructed in 2024, however competing project needs and staff workload has pushed it to 2025 construction, which still aligns with the overall Highway 5 project schedule needs. The city has a project webpage: https://www.chanhassenmn.gov/government/projects/street- projects/crimson-bay-road-project The County has a Hwy 5 webpage: https://www.carvercountymn.gov/departments/public- works/projects-studies/highway-5-improvements DISCUSSION The Crimson Bay Road subdivision was developed in 1987. At that time public Right of Way was platted such that the street would eventually push through to the north, which was completely undeveloped at the time. The City had no public sewer and water infrastructure in the area, and therefore the subdivision was large lots with well and septic. The Arbors subdivision circa 2007 extended W 78th Street and sewer/water utilities westerly from TH 41 and connected north to Dogwood Road. The Arbors Second Addition circa 2018 extended Dogwood Road and sewer/water utilities south to the northern border of the Crimson Bay Road Plat. That set the stage for the ultimate street and utility connections that was envisioned and planned. The terrain is hilly, and therefore the street and utility design are somewhat complicated and nuanced. A new sanitary sewer lift station is proposed. The watermain will be connected to the low zone at Hwy 5 and to the High Zone at the Dogwood stub. The system will likely be served by the Low Zone, but will be vetted during final design. The alignment of the street connection is mainly based on topography, where additional permanent easement has been sought from the University of MN Arboretum property. The easement documents have been prepared and have been informally approved by the University. The ability to obtain this property for the street is part of the overall AATP planning process, as land transfer and property acquisition is one of the main risk factors for the individual projects. Public Open House The city held an open house on October 30, 2024. The attendee list and comment cards are attached to this staff report. Generally the public is supportive of the project. Comments have included: Tree removal/replacement Lighting The need for the project/why make the connection Street naming/address changes Traffic and pedestrian safety on West 78th/Dogwood/Tanadoona 233 Other public outreach has occurred via group meetings with the benefiting properties concerning assessments, one-on-one site meetings with property owners, specific project info/boards at the larger Hwy 5/AATP public meetings. The southern end of the existing street will be removed with plans for the Hwy 5 project to utilize the area for stormwater management. Schedule Hold Public Hearing/Order Project November 18, 2024 Approve Plans & Specs - Authorize Bidding January 2025 Bid Opening February 2025 Host Public Open House March 2025 Hold Assessment Hearing - Award Construction Contract April 2025 Begin Construction May 2025 Complete Construction November 2025 BUDGET The total estimated project cost is $2.4M. The project is included in the city's 5-yr Capital Improvement Plan (CIP). Due to its tie to the Highway 5 project, the city applied for and received a $710k Local Partnership Project (LPP) Grant from MnDOT and the project was granted eligibility to use State Aid funds even though not a formal MSA route. The project revenue also includes private property assessments, which consist of the typical 40% of the street costs in addition with Sanitary Sewer and Watermain assessments, as the benefiting properties are all currently on private well and septic systems. The preliminary assessment amount is $40,815.01 per unit. There are 5 properties identified to receive assessments, all of which are part of the original Crimson Bay Road Plat. Lots 2 - 5 will receive one unit assessment each, while Lot 1 will be charged two units, as there are documented plans to subdivide that property in the very near future, and therefore sewer and water stubs will be provided with the project to support this future subdivision. The University of MN Arboretum property is not being assessed as they are granting permanent easement to support the extension of the street. Feasibility Study Estimated Project Costs Street $1,387,760.50 Watermain $318,409.00 Stormwater $138,348.00 Sewer $555,254.00 TOTAL $2,399,771.50 RECOMMENDATION From an engineering and financing perspective this project is necessary, feasible, and cost effective. 234 Staff recommends the City Council adopt a resolution ordering the improvements and authorizing production of plans and specifications for the Crimson Bay Road Improvement Project. ATTACHMENTS Resolution CBR Project Layout CBR Improvements Feasibility Study Crimson Bay Road Project Schedule CBR Open House -Comments CBR Open House Sign-In Crimson Bay Road Presentation 235 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 18, 2024 RESOLUTION NO:2024-XX MOTION BY: SECONDED BY: A RESOLUTION FOR CONDUCTING A PUBLIC HEARING AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CRIMSON BAY ROAD IMPROVEMENT PROJECT WHEREAS,pursuant to a resolution of theCity Council adopted February14, 2022, a feasibility report has been prepared with reference to the above-referenced project, and this report was received by the City Council on October 14, 2024: and WHEREAS,the feasibility report provides information regarding whether the proposed project is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for the applicable benefitting properties; and WHEREAS,on October 14, 2024, the City Council called for the public hearing to be held on November 18, 2024, for the Project. The Project includes roadway pavement reconstruction, curb and gutter replacement, and adding watermain, sanitary and storm sewer; and WHEREAS,a minimum of ten (10) days' mailed notice of assessable properties and two (2) weeks’ published notice of the public hearing was given; and WHEREAS,the public hearing was held thereon the 18nth day of November 2024, in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED bythe Chanhassen City Council: 1. The City Council has received and accepted the feasibility study on October 14, 2024, and considered the improvements of such project in accordance with the report and the assessment of applicable benefitting properties for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the project’s Feasibility Study. 3. Such improvement is hereby ordered as proposed in the City Council resolution adopted on November 18, 2024. 4. The City Council authorizes preparation of plans and specifications for the Project. 236 2 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax-exempt bonds. PASSED AND ADOPTED by the Chanhassen City Council this 18th day of November 2024. ATTEST: Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 237 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l llllll>>>>>>>>>>>>>>>>l l l l l l l l l l l l>>>>>>>CCGUUGPGPFCCCCCPPCDPPPPCCECOCCCCFUFUPUCCCCCCCCEEEEEEEEEEEEECCCCCCCC>>>>GGGGl l l l l lGG G G G G G EEEGCCCCCCCCCCCCCCCCGECCCCCCCCCCCCCCCCCCCCCCEEEEEEEGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGEEEEEGGGGGGGOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUXXX X X X X X X X X X X X X X X X X X X X X X X XOUOUOUOUOUOUOUOUCOCOCOC-C C-CC-CC-CC-CC-CC-CC-C C-C C-C C-C C-C C-C C-CSS SSWOOD BARRICADEPAVERSDRIVEWAY9 " C M P CONCRETE SPILLWAYPAVERSDRIVEWAY BLOCK RETAINING WALL (MID-LOW CONDITION) FENCE: WIRE FENCE: WIRE FENCE: WIRE FENCE: WIRE 15" CMPBITUMINOUSDRIVEWAYPAVERSDRIVEWAYE-CE-CE-CE-CE-CE-C18" RCP G-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CPLANTS/LANDSCAPINGPOSTS W/ CHA INBLOCKING WALK ING PATH18" CMPPAVERS DRIVEWAY PAVERSDRIVEWAYGRAVEL DRIVE W AY (UNDE R CONST.)CONCRETE DRIVEWAYW/ BLOCK RET. WALLPAVERS DRIVEWAY TEMPORA R Y BITUMIN O U S CUL-DE-S A C A R E A TEMPORA R Y BITUMIN O U S CUL-DE-S A C A R E A BITUMIN O U S ROADWA Y CONCRETE SIDEWALKBI TUM INOU SDR IV EWA Y FENCE: WIRE FENCE: WIRE48" CMPG-C G-C G-C G-C G-C G-C G-C G-C G-CG-CG-CG-CG-CG-C G-C G-C G-C G-C G-C G-C G-ClG-C IS PER MAPS PROVIDED BY XCEL ENERGYG-C IS PER MAPS PROVIDED BY XCEL ENERGYG-CBITUMINOUSROADWAY15" CMPINVERT FOR PIPE COULDN'T BE EASILY LOCATED IN FIELDPPPPPCOCOCOCO>>>>>>>>>>>>24" RCPROCK SLAB RETAINING WALL WITHWOOD STRUCTURE AND SIGNSLARGE CONCRETESTORM OVERFLOWSTRUCTUREXXXUUEDGE OF WATER 2022-11-23AVG. ELEV. =997.8 NAVD8827" RCP27" RCPFENCE:BARBED WIRE21" RCPRIP-RAPSTORM PIPE IS ASSUMED BEND TO FIT STORM EASEMENT.BASED ON THE DIRECTION OF THE PIPE AS IT LEAVES THECATCH BASIN AND EXITS THE FLARED END SECTION.NO EVIDENCE OF BEND ON SURFACE.DRAINAGE SWALEE-DE-D E- D E-DE-DE-DE-DE-DE-DE-DE-DE-D E - D E- D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-D E-D E-DE-DE-DE-DE-DE-DE-DE-DE-DE-D E-D E-DE-DCCCCCCCCCCMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOMN/FOEHC-D C-D 73°23'54"'163°23'54"'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXH:\CHAN\0C1126763\CAD\C3D\FIGR_126763_Open House Board.dwg 10/22/2024 4:27:34 PMR Crimson Bay Road Improvements City of Chanhassen Proposed Layout October 2024 R FEETSCALE 0 50 100 HORZ. REGENTS OF THE UNIV OF MINN N/A PID: 250080110 DARLENE J HANSON 7750 CRIMSON BAY RD PID: 252610011 ROB M & CALI L OLSON 7700 CRIMSON BAY RD PID: 252610010 MARY M HAGEMAN 7660 CRIMSON BAY RD PID: 252610030 ROSE MARIE & JOHN CHARLES MASTRICOLA 7640 CRIMSON BAY RD PID: 252610040 DEREK GEARMAN7590 DOGWOOD RDPID: 250580030JOE BILLER7580 DOGWOOD RDPID: 250580020BRIAN D GARSHELIS7570 DOGWOOD RDPID: 250580010THE ARBORS HOA N/A PID: 250590230 PAUL GREGORY & MARY S SUMNERS 7620 CRIMSON BAY RD PID: 252610050 MELISSA HERBST SCHIENA N/A PID: 252610070 PROPOSED LIFT STATION TEMPORARY CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY MN TH 5W 78TH STREETCRIMSON BAY ROAD PROPOSED ROADWAY PROPOSED CURB & GUTTER PROPOSED DRIVEWAY PROPOSED SANITARY SEWER PROPOSED STORM SEWER PROPOSED WATERMAIN > >> l l EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY EXISTING EASEMENT PROPOSED TEMPORARY EASEMENT LEGEND PROPOSED CONSTRUCTION LIMITS CLOSE HIGHWAY 5 ACCESS PROPOSED FENCEXX PROPOSED RETAINING WALL 238 Submitted by: Bolton & Menk, Inc. 2638 Shadow Lane Suite 200 Chaska, MN 55318 P: 952-448-8838 F: 952-488-8805 City of Chanhassen, MN Crimson Bay Road Improvements Project Feasibility Report City Project No. 23-02 November 2023 239 Prepared by: Bolton & Menk, Inc. Certification Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Certification Feasibility Report For Crimson Bay Road Improvements Project City of Chanhassen Carver County City Project No. 23-02 BMI Project No. 0C1.126763 November 10, 2023 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. By: Joshua Eckstein, P.E. License No. 48224 Date: 11/10/2023 240 Prepared by: Bolton & Menk, Inc. Table of Contents Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-01 Table of Contents I. EXECUTIVE SUMMARY .......................................................................................................................... 1 Background and Introduction ....................................................................................................... 1 Proposed Improvements .............................................................................................................. 1 Estimated Costs ............................................................................................................................ 2 II. BACKGROUND AND INTRODUCTION .................................................................................................... 2 III. PROPOSED IMPROVEMENTS ................................................................................................................ 3 Street Improvements .................................................................................................................... 3 Water System Improvements ....................................................................................................... 3 Stormwater Runoff Management System Improvements ........................................................... 4 Sanitary System Improvements .................................................................................................... 4 IV. FINANCING & FUNDING ........................................................................................................................ 5 Financing ....................................................................................................................................... 5 Funding ......................................................................................................................................... 5 Project Budget Recommendation ................................................................................................ 6 V. ASSESSMENTS ....................................................................................................................................... 6 VI. PROJECT SCHEDULE / NEXT STEPS ........................................................................................................ 7 Appendix Appendix A: Figures Appendix B: Preliminary Cost Estimates Appendix C: City Assessment Practice 241 Prepared by: Bolton & Menk, Inc. EXECUTIVE SUMMARY Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Page 1 I. EXECUTIVE SUMMARY Background and Introduction As requested by the City of Chanhassen, Bolton & Menk, Inc. has evaluated the feasibility of the proposed Crimson Bay Road Improvements Project. The project includes reconstruction of Crimson Bay Road in addition to extending the street to the north to connect to Dogwood Avenue. The access to Trunk Highway 5 for Crimson Bay Road will be eliminated and the properties will use W 78th Street to access the road network in the future. Reconstruction of Crimson Bay Road includes watermain, stormwater drainage infrastructure, sanitary sewer main, and a new sanitary sewer lift station to serve the neighboring residents that are currently on well and septic systems. The impetus for the project is the planned Trunk Highway 5 reconstruction as part of the Arboretum Area Transportation Plan and the desire to eliminate the current Crimson Bay Road access to Highway 5. Proposed Improvements All improvements addressed within this report are feasible from a technical standpoint. This study addresses issues with aging, substandard, or non-existent infrastructure including pavement, storm sewer, watermain, and sanitary sewer. The improvements recommended in this report are necessary to provide safe and adequate infrastructure and represent cost effective solutions for doing so. 1. Street Improvements The proposed Crimson Bay Road improvements consist of full depth reconstruction from the 78th Street intersection to the proposed cul-de-sac to the south. The existing connection to Highway 5 will be removed as part of the project to accommodate the future expansion of Highway 5. Proposed City standard street improvements include: · Crimson Bay Road o Curb and Gutter on Both Sides o 31-Foot Street Width 2. Water System Improvements The proposed water system improvements will include installation of watermain from the 78th Street intersection to the existing watermain on Highway 5. All hydrants, gate valves, and service lines are also proposed to be constructed as part of the project. A review of the system wide pressure zones is still underway to inform the need of a Pressure Reducing Valve (PRV) 3. Storm Sewer Improvements The proposed storm sewer improvements will include manholes, catch basins, pipe, castings, and a rain garden. Drain tile behind the back of curb is also proposed to be included as part of the project improvements. 4. Sanitary Sewer Improvements The proposed improvements will include installation of a new 8-inch PVC main, sanitary sewer services, a lift station, and associated forcemain. 242 Prepared by: Bolton & Menk, Inc. PUBLIC OUTREACH Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Page 2 Estimated Costs Cost estimates have been prepared for the proposed improvements. Itemized cost estimates are provided in Appendix B and summarized below in Table 1. A $710,000 grant from MnDOT has been awarded to offset the street costs. 40% of the street costs and 100% of the utility costs are planned to be assessed to the benefiting properties per the City’s assessment policy. Table 1: Estimated Project Costs Proposed Improvements Total Estimated Project Cost Street Reconstruction Cost $1,387,760.50 Watermain Cost $318,409.00 Storm Sewer Cost $138,348.00 Sanitary Sewer Cost $555,254.00 Total Estimated Project Cost $2,399,771.50 *NOTE: these costs include soft costs, contingency and right-of-way / easement acquisition. II. PUBLIC OUTREACH The project management team has engaged the adjacent property owners in a number of ways to receive input and information related to the project. An open house informational meeting was held in November 2022 to give an outline of the project and gather initial feedback and information. A second meeting is planned for September to give an update on the planned improvements and project timeline. A third neighborhood meeting will be held in the spring to discuss construction expectations and timeline. III. BACKGROUND AND INTRODUCTION The impetus for this report is a request by the City of Chanhassen to evaluate the feasibility of planned improvements to Crimson Bay Road, prior to the expansion of Highway 5. The goal of these improvements is to remove the access to Highway 5 and renew and repair municipal infrastructure along Crimson Bay Road, as well as construct new facilities to serve property owners along the corridor. In an effort to gather input and engage impacted public, an open house was held on November 16, 2022. This report is based on record drawings, aerial photography, City utility maps, topographical data, geotechnical exploration report, staff inspection reports, feedback solicited from property owners and City staff input. This report examines various potential infrastructure components within the Crimson Bay Road area. More specifically, this report reviews considerations for: · Bituminous Pavement Surfacing Needs · Transportation and Parking Needs · Stormwater Conveyance System Needs · Stormwater Quality Needs 243 Prepared by: Bolton & Menk, Inc. PROPOSED IMPROVEMENTS Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Page 3 · Wastewater System Facility Needs · Water Supply System Needs IV. PROPOSED IMPROVEMENTS Street Improvements Proposed street improvements are indicated on Figure 1 in Appendix A. The existing Crimson Bay Road typical section consists of approximately 31-foot wide bituminous street with concrete curb and gutter on each side. The existing concrete curb and gutter is a surmountable style curb. The existing pavement has many transverse and longitudinal cracks. The current OCI rating of the existing street is 28 out of 100. Based on the existing pavement condition and the scope of the proposed utility work, the recommended repair measure is full depth reconstruction. Proposed street improvements are indicated on Figure 1 in Appendix A. The proposed improvement consists of full depth reconstruction of the street structural section from the 78th Street intersection to the proposed cul-de-sac to the south. Adjacent driveways will also be reconstructed as necessary to match the reconstructed roadway. The proposed street section will be designed to match the City standard street section including 4- inches of bituminous pavement, 12-inches of aggregate base, 24-inches of select granular borrow, and draintile installed behind the back of curb. Additional excavation may be necessary if poor subgrade soils are encountered. The proposed street will also include new surmountable concrete curb and gutter. The proposed street dimensions are as follows: · Crimson Bay Road o Surmountable Concrete Curb & Gutter on both sides o 31.0-Feet Wide The total project cost for the proposed street reconstruction is estimated to be $1,387,760. Itemized cost estimates are included in Appendix B. Water System Improvements Proposed water system improvements are indicated on Figures 1 in Appendix A. The existing properties along Crimson Bay Road are currently on privately owned wells. The proposed water system includes an 8-inch watermain extending from the 78th Street intersection to the existing watermain along Highway 5. This proposed watermain connection will provide adequate service, looping, and fire protection to the adjacent properties for the life of the system. The proposed pipe material is PVC. Isolation valves and hydrants will be installed to bring the system up to current standards. One-inch PE service lines will be constructed, and curb stops will be installed at the right-of-way line. At this location residents will then be able to connect when private improvements are complete. Watermain construction will provide residents the opportunity to connect to the city’s water system and receive access to a safer, cleaner, and more reliable water source in addition to better fire protection service. To protect certain watermain components against corrosion, the following items will be included with the design and installed during construction: 244 Prepared by: Bolton & Menk, Inc. PROPOSED IMPROVEMENTS Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Page 4 1. All hydrants and valves will be manufactured and secured using stainless steel bolts. 2. All fittings will be coated with fusion bonded epoxy. 3. All fittings, hydrants, and service line connections shall be provided with cathodic protection (sacrificial anodes). The total project cost for the Crimson Bay Road water system improvements is estimated to be $318,409. Itemized cost estimates are included in Appendix B. Stormwater System Improvements Proposed stormwater improvements are indicated on Figure 1 in Appendix A. Existing drainage patterns and discharge locations will be maintained by this project. Stormwater generally drains to the low point in the existing cul-de-sac to the north and to the Highway 5 ditch to the south. A rain garden will be required to treat storm water runoff and will be located at the low point as shown in Figure 1. All components, pipe and manholes, are proposed to be concrete. Additional intakes will be evaluated and added if necessary. New castings and drain tile will also be added behind the back of curb. The total project cost for the Crimson Bay Road stormwater system improvements is estimated to be $138,348. Itemized cost estimates are included in Appendix B. Property Acquisition In order to complete planned improvements a number of easements are required. These easements include the following:  Regents of the University of Minnesota – Permanent roadway and utility easement and temporary grading easement  The Arbors HOA – permanent roadway and utility easement  Melissa Herbst Schiena - permanent roadway and utility easement All easement negotiations are in progress and will be finalized prior to advertising for bids. Sanitary System Improvements The properties along Crimson Bay Road are currently on privately owned septic systems. All except one of those systems are old and reaching the end of their useful life. The proposed sanitary sewer improvements include the installation of a lift station, forcemain, and gravity sewer mains. Six-inch service lines will be installed and stubbed to the right-of-way line. At this location residents will be able to connect to the City sanitary sewer as part of their private improvements. The proposed lift station will include a new control panel, connection for remote monitoring, and a connection for backup power. The new forcemain piping will be installed at a frost proof depth, sized appropriately and shall be constructed of high-density polyethylene material with isolation valves and check valves. The total project cost for sanitary sewer system improvements is estimated to be $555,254. Itemized cost estimates are included in Appendix B. 245 Prepared by: Bolton & Menk, Inc. FINANCING & FUNDING Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Page 5 V. FINANCING & FUNDING Financing Based on the assessment policy methodology, all of the components of the project presented in this report can be financed through the sale of a Chapter 429 Improvement Bond and meet the statutory requirement for a minimum assessable percentage of 20%. The Chapter 429 Bond is the most common financing method for local street reconstruction projects that contain assessments. The Financing & Funding table located at the end of this section shows that the estimated assessable percentage of the project with all components is 35.1% for the unit method. Funding This project is proposed to be funded with general City funds, special assessments imposed on benefiting properties and state grant funds awarded to the project. There are several funding sources proposed to fund the project including the following: · Property Tax Revenue · Sanitary Sewer Revenues · Water Revenues · Surface Water Revenues · Franchise Fee Revenues · Special Assessments · MnDOT LPP Grant CRIMSON BAY ROAD IMPROVEMENTS PROJECT The total project costs for the proposed project are apportioned as follows: CRIMSON BAY ROAD Total Project Cost $2,399,771.50 Street Standard Cost $1,387,760.50 PMP Fund and Special Assessments Storm Sewer Cost $138,348.00 Surface Water Fund Sanitary Sewer Cost $555,254.00 Sanitary Sewer Fund Watermain Cost $318,409.00 Watermain Fund LPP Grant $710,000.00 Street Costs Total Standard Section Street Cost $1,387,760.50 Subtotal Street Cost $1,387,760.50 City Contribution (60%) $832,656.60 Assessable Portion (40%) $555,104.20 LPP Grant Assessment Credit $305,104.20 Assessable Portion Adjusted $250,000.00 246 Prepared by: Bolton & Menk, Inc. ASSESSMENTS Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Page 6 Total Units 21.0 Cost Per Unit $25,000.00 Adjusted Cost Per Unit $11,904.76 Special Benefit Analysis Assessable Units 6.0 Total Assessed Amount $71,428.57 Special Assessments Total City Cost $1,316,331.93 PMP Fund Utility Costs Total Utility Cost $1,012,011.00 LPP Grant Assessment Credit $404,895.80 Assessable Portion Adjusted $607,115.20 Total Units 21.0 Cost Per Unit $28,910.25 Assessable Units 6.0 Total Assessed Amount $173,461.49 Special Assessments Total City Cost $838,549.51 Utility Funds Project Budget Recommendation All improvements addressed within this report are feasible from a technical standpoint. This study addresses issues with aging, substandard, or non-existent infrastructure including street pavement, storm sewer, watermain, and sanitary sewer. The improvements recommended in this report are necessary to provide safe and adequate infrastructure and represent cost effective solutions for doing so. The overall budget for this project (23-02) has been set at $2,400,000. VI. ASSESSMENTS The project is proposed to be assessed to the benefiting properties in accordance with the adopted City Assessment Practices policy as follows: Street Rehabilitation: 40% Assessed on a Unit Basis Watermain: 100% Assessed Storm Sewer: 100% Assessed Sanitary Sewer: 100% Assessed Figure 2 of this section indicate the proposed assessment area. Properties included on the preliminary assessment roll include those that have access to a street within the project area. The estimated assessment amount for each property is tabulated on the preliminary assessment roll located at the end of this section. A copy of the current Assessment Practice policy is included in Appendix C of this report for reference. 247 TOTAL PROP.PROPERTY ASSMT STREET ASSMT UTILITY ASSMT NOTES NO.ADDRESS UNIT ASSMT UNIT ASSMT 1 PAUL GREGORY & MARY SUMMERS 7620 CRIMSON BAY RD 252610050 1 $11,904.76 1 $28,910.25 $40,815.01 2 JOHN & ROSE MASTRICOLA 7640 CRIMSON BAY RD 252610040 1 $11,904.76 1 $28,910.25 $40,815.01 3 MARY HAGEMAN 7660 CRIMSON BAY RD 252610030 1 $11,904.76 1 $28,910.25 $40,815.01 4 ROB & CALI OLSON 7700 CRIMSON BAY RD 252610010 1 $11,904.76 1 $28,910.25 $40,815.01 5 DARLENE HANSON 7750 CRIMSION BAY RD 252610011 2 $23,809.52 2 $57,820.50 $81,630.02 6 REGENTS OF THE UNIV OF MINN 250080110 15 $178,571.43 15 $433,653.71 $612,225.14 UMN WILL NOT BE ASSESSED, CITY WILL COVER THESE COSTS Assessment Basis Unit 21 $250,000.00 21 $607,115.20 $857,115.20 CRIMSON BAY ROAD IMPROVEMENTS PRELIMINARY ASSESSMENT ROLL 11/10/2023 OWNER P.I.D. STREET ASSESSMENT UTILITY ASSESSMENT 248 Prepared by: Bolton & Menk, Inc. PROJECT SCHEDULE / NEXT STEPS Crimson Bay Road Improvements Project 0C1.126763 / C.P. 23-02 Page 7 VII. PROJECT SCHEDULE / NEXT STEPS The City should be aware of the following steps and requirements necessary to meet the requirements of MN Statute 429 that allows for a portion of the project costs to be assessed:  Project specific meetings with property owners  City Council to accept the Feasibility Study and call for an Improvement Hearing.  City Council to conduct an Improvement Hearing  Property Acquisition  City Council to order the improvements (by 4/5ths vote) within 6 months of the Improvement Hearing.  City Engineer to design, advertise and open bids.  City Council to call for an Assessment Hearing.  City Council to conduct an Assessment Hearing. Final assessment roll must be formally adopted.  City Council to award the project. The construction contract must be signed within 12 months of ordering the improvements.  Construction to occur (months of July 2024 to July 2025).  City staff to certify final assessment roll with the County by November 30th, 2024 The following project schedule shows the necessary steps along with a tentative date to complete. November 2023 Present Study to the City Council December 2023 Conduct Public Hearing, Order Improvements January 2024 Complete Final Design and Plan Reviews/Approvals February 2024 Advertise and Bid Project March 2024 Neighborhood Meeting March 2024 Conduct Assessment Hearing March 2024 Award Project, Construction Contracts May 2024 - July 2025 Construct Project August 2025 Project Closeout 249 Appendix A: Figures 250 SSSXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXCOCOCOCOSSSSlllllll>>>llll>>>l l>>>>>>>> >lllllllll>l l l l l l>>>lll>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>SCONTROLD>>>>>>>>>>>>>>>>>>>>>>>>>>SCONTROL>>D>>>>>>>>CCGUUPPGGPGPFCCCCCPPCDPPPPCCECOCCCCFUFUPUCCCCCCEEEEEEEEEEECCCCCCGGG||||||||||||GGG G G G EEGCCCCCCCCCCCCCGECCCCCCCCCCCCCCCCCCEEEEEGGGGGGGGGGGGGGGGGGGGGGGGGGGGEEEEGGGGGGGGOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUXXX X X X X X X X X X X X X X X X X X X XOUOUOUOUOUOU>>>>>>>>>>>>>>>>>>COCOCOC-C C-CC-CC-CC-CC-CC-C C-C C-C C-C C-CSS SS> >E-CE-CE-CE-C>>>>G-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-COUG-C G-C G-C G-C G-C G-C G-C G-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-CG-C G-C G-CG-C G-CG-Cllllllllllllllllllllllllllll>llll l >l>>G-ClPPPPPSXXUU>>>>E-DE-D E-DE-DE-DE-DE-DE-DE-DE-D E- D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-D E-DE-DE-DE-DE-DE-DE-DE-DE-DE-D E-DE-DE-DE-DE-DE-DE-DE-D E-D E-DE-DCCCCCCCCF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CF-CEH:\CHAN\0C1126763\CAD\C3D\FIGR_126763_FEASABILITY-Hammer Head.dwg 11/10/2023 9:58:38 AM RCrimson Bay RoadCity of ChanhassenFigure 1: Proposed StreetNovember 2023RFEETSCALE060120HORZ.RESTRIPE EXISTING RIGHTTURN LANE INTO SHOULDERCLOSE ACCESS78TH STCRIMSON BAY RDMN TH 5MELISSA HERBST SCHIENAN/APID: 252610070REGENTS OF THE UNIV OF MINNN/APID: 250080110DARLENE J HANSON7750 CRIMSON BAY RDPID: 252610011ROB M & CALI L OLSON7700 CRIMSON BAY RDPID: 252610010MARY M HAGEMAN7660 CRIMSON BAY RDPID: 252610030ROSE MARIE MASTRICOLA7640 CRIMSON BAY RDPID: 252610040PAUL GREGORY & MARY S SUMNERS7620 CRIMSON BAY RDPID: 252610050DEREK GEARMAN7590 DOGWOOD RDPID: 250580030JOE BILLER7580 DOGWOOD RDPID: 250580020BRIAN D GARSHELIS7570 DOGWOOD RDPID: 250580010PERRY K PLEDGER3361 78TH ST WPID: 250590150THE ARBORS HOAN/APID: 25059023050' EXISTING ROW60' EXISTING ROW10' EXISTING D&U10' EXISTING D&U25' EXISTING ROWPROPOSED RIGHT OF WAY (60')LAKE MINNEWASHTAROADWAYCURB & GUTTEREMERGENCY/MAINTENANCE ACCESS ROUTEEXISTING & PROPOSED SPEED LIMITDESIGN FEATURE COLOR KEYSPEEDLIMIT30SPEEDLIMIT30DESIGNPOSTEDDRIVEWAYSPROPOSED REMOVALSPROPOSED RETAINING WALLEXISTING RIGHT OF WAYPROPOSED RIGHT OF WAYPROPOSED TEMPORARY EASEMENTXXPROPOSED FENCE>>PROPOSED SANITARY SEWERl ll lPROPOSED SANITARY FORCEMAINllPROPOSED WATERMAIN>>>>PROPOSED STORM SEWER>>>>>>>>PROPOSED DRAINTILEDIRECTIONALLY DRILLWET TAPPROPOSED LIFT STATION251 SSSXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX543216H:\CHAN\0C1126763\CAD\C3D\FIGR_126763_FEASABILITY-Hammer Head.dwg 11/10/2023 9:58:43 AM RCrimson Bay RoadCity of ChanhassenFigure 2: Assessment RollNovember 2023RFEETSCALE060120HORZ.78TH STCRIMSON BAY RDMN TH 5LAKE MINNEWASHTAASSESSMENT AREAPROPERTY NUMBERPROPOSED REHABILITATION AREALEGENDXXXOWNERP.I.D.PROP.PROPERTYNO.ADDRESS1PAUL GREGORY & MARY SUMMERS7620 CRIMSON BAY RD2526100502ROSE MARIE MASTRICOLA7640 CRIMSON BAY RD2526100403MARY HAGEMAN7660 CRIMSON BAY RD2526100304ROB & CALI OLSON7700 CRIMSON BAY RD2526100105DARLENE HANSON7750 CRIMSION BAY RD2526100116REGENTS OF THE UNIV OF MINN250080110252 Appendix B: Preliminary Cost Estimates 253 CRIMSON BAY ROAD IMPROVEMENT CITY OF CHANHASSEN SAP 231-124-002 BMI # 0C1.126763 DATE: 11/10/2023 ITEM MN/DOT TOTAL UNIT TOTAL NO. SPEC NO. ITEM DESCRIPTION UNIT QUANTITY COST COST QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT BASE BID: 1 2021.501 MOBILIZATION LUMP SUM 1 $100,000.00 $100,000.00 0.574 $57,400.00 0.058 $5,800.00 0.134 $13,400.00 0.234 $23,400.00 2 2101.502 CLEARING EACH 60 $350.00 $21,000.00 60.000 $21,000.00 3 2101.502 GRUBBING EACH 60 $350.00 $21,000.00 60.000 $21,000.00 4 2101.505 CLEARING ACRE 0 $50,000.00 $1,000.00 0.020 $1,000.00 5 2101.505 GRUBBING ACRE 0 $50,000.00 $1,000.00 0.020 $1,000.00 6 2102.503 PAVEMENT MARKING REMOVAL LIN FT 950 $3.00 $2,850.00 950.000 $2,850.00 7 2102.602 PAVEMENT MESSAGE REMOVAL EACH 3 $325.00 $975.00 3.000 $975.00 8 2104.502 REMOVE PIPE APRON EACH 2 $350.00 $700.00 2.000 $700.00 9 2104.502 REMOVE LIGHT UNIT EACH 2 $750.00 $1,500.00 2.000 $1,500.00 10 2104.502 REMOVE HYDRANT EACH 1 $700.00 $700.00 1.000 $700.00 11 2104.502 REMOVE DRAINAGE STRUCTURE EACH 5 $725.00 $3,625.00 5.000 $3,625.00 12 2104.502 REMOVE SIGN EACH 7 $100.00 $700.00 7.000 $700.00 13 2104.503 REMOVE WATERMAIN LIN FT 10 $20.00 $200.00 10.000 $200.00 14 2104.503 REMOVE PIPE SEWER (STORM)LIN FT 205 $25.00 $5,125.00 205.000 $5,125.00 15 2104.503 REMOVE CURB & GUTTER LIN FT 2,675 $11.00 $29,425.00 2675.000 $29,425.00 16 2104.503 REMOVE RETAINING WALL LIN FT 190 $30.00 $5,700.00 190.000 $5,700.00 17 2104.503 REMOVE FENCE LIN FT 900 $5.00 $4,500.00 900.000 $4,500.00 18 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 15 $50.00 $750.00 15.000 $750.00 19 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 20 $35.00 $700.00 20.000 $700.00 20 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 4,740 $8.00 $37,920.00 4740.000 $37,920.00 21 2014.602 SALVAGE MAILBOX EACH 3 $100.00 $300.00 3.000 $300.00 22 2104.618 REMOVE BRICK PAVERS SQ FT 3,750 $7.00 $26,250.00 3750.000 $26,250.00 23 2106.507 EXCAVATION - COMMON (P)CU YD 5,492 $32.00 $175,744.00 5492.000 $175,744.00 24 2106.507 EXCAVATION - SUBGRADE CU YD 15 $35.00 $525.00 15.000 $525.00 25 2106.507 SELECT GRANULAR EMBANKMENT (CV) (P)CU YD 2,982 $38.00 $113,316.00 2982.000 $113,316.00 26 2106.507 COMMON EMBANKMENT (CV) (P)CU YD 546 $42.00 $22,932.00 546.000 $22,932.00 27 2106.507 STABILIZING AGGREGATE (CV)CU YD 150 $62.00 $9,300.00 150.000 $9,300.00 28 2112.604 SUBGRADE PREPARATION (P)SQ YD 4,500 $3.50 $15,750.00 4500.000 $15,750.00 29 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 16 $175.00 $2,800.00 16.000 $2,800.00 30 2123.610 MACHINE TIME HOUR 22 $850.00 $18,700.00 22.000 $18,700.00 31 2211.507 AGGREGATE BASE (CV) CLASS 5 (P)CY YD 1,491 $47.00 $70,077.00 1491.000 $70,077.00 32 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON 440 $105.00 $46,200.00 440.000 $46,200.00 33 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,C)TON 440 $105.00 $46,200.00 440.000 $46,200.00 34 2411.618 PREFABRICATED MODULAR BLOCK WALL SQ FT 2,150 $58.00 $124,700.00 2150.000 $124,700.00 35 2501.502 12" RC PIPE APRON EACH 1 $1,500.00 $1,500.00 1.000 $1,500.00 36 2501.502 18" RC PIPE APRON EACH 2 $2,000.00 $4,000.00 2.000 $4,000.00 37 2501.602 TRASH GUARD FOR 12" PIPE APRON EACH 1 $1,800.00 $1,800.00 1.000 $1,800.00 38 2501.602 TRASH GUARD FOR 18" PIPE APRON EACH 2 $2,500.00 $5,000.00 2.000 $5,000.00 39 2502.503 4" PVC PIPE DRAIN LIN FT 2,250 $15.00 $33,750.00 2250.000 $33,750.00 40 2502.602 4" PVC PIPE DRAIN CLEANOUT EACH 4 $350.00 $1,400.00 4.000 $1,400.00 41 2503.503 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 145 $100.00 $14,500.00 145.000 $14,500.00 42 2503.503 18" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT 60 $130.00 $7,800.00 60.000 $7,800.00 43 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $1,300.00 $1,300.00 1.000 $1,300.00 44 2503.603 8"X6" PVC WYE EACH 5 $1,900.00 $9,500.00 5.000 $9,500.00 45 2503.603 6" PVC PIPE SEWER (SANITARY SERVICE)LIN FT 170 $85.00 $14,450.00 170.000 $14,450.00 46 2503.603 8" PVC PIPE SEWER SDR 35 LIN FT 650 $90.00 $58,500.00 650.000 $58,500.00 47 2503.603 8" PVC PIPE SEWER SDR 26 LIN FT 20 $175.00 $3,500.00 20.000 $3,500.00 48 2503.603 1.5" PVC FORCE MAIN LIN FT 250 $85.00 $21,250.00 250.000 $21,250.00 49 2503.608 DUCTILE IRON FITTINGS (SANITARY)POUND 200 $20.00 $4,000.00 200.000 $4,000.00 50 2504.602 CONNECT TO EXISTING WATER MAIN EACH 2 $2,500.00 $5,000.00 2.000 $5,000.00 51 2504.602 HYDRANT EACH 2 $7,600.00 $15,200.00 2.000 $15,200.00 52 2504.602 1" CORPORATION STOP EACH 5 $725.00 $3,625.00 5.000 $3,625.00 53 2504.602 6" GATE VALVE & BOX EACH 2 $2,800.00 $5,600.00 2.000 $5,600.00 54 2504.602 8" GATE VALVE & BOX EACH 2 $4,500.00 $9,000.00 2.000 $9,000.00 55 2504.602 12"X8" WET TAP EACH 1 $5,500.00 $5,500.00 1.000 $5,500.00 56 2504.602 1" CURB STOP & BOX EACH 5 $950.00 $4,750.00 5.000 $4,750.00 57 2504.602 WATERMAIN AIR RELEASE MANHOLE EACH 1 $28,000.00 $28,000.00 1.000 $28,000.00 58 2504.603 1" TYPE PE PIPE LIN FT 200 $50.00 $10,000.00 200.000 $10,000.00 59 2504.603 8" WATERMAIN HDPE (DIRECTIONAL DRILLED) LIN FT 175 $150.00 $26,250.00 175.000 $26,250.00 60 2504.603 6" PVC WATERMAIN C900 DR 18 LIN FT 50 $95.00 $4,750.00 50.000 $4,750.00 61 2504.603 8" PVC WATERMAIN C900 DR 18 LIN FT 1,210 $100.00 $121,000.00 1210.000 $121,000.00 62 2504.604 4" POLYSTYRENE INSULATION SQ YD 32 $80.00 $2,560.00 32.000 $2,560.00 63 2504.608 DUCTILE IRON FITTINGS (WATERMAIN)POUND 726 $20.00 $14,520.00 726.000 $14,520.00 64 2506.502 CASTING ASSEMBLY (SANITARY)EACH 4 $1,000.00 $4,000.00 4.000 $4,000.00 65 2506.502 CASTING ASSEMBLY (STORM)EACH 5 $1,000.00 $5,000.00 5.000 $5,000.00 66 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 - 2'X3' LIN FT 25 $650.00 $16,250.00 25.000 $16,250.00 67 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 3 - 48" DIA. LIN FT 5 $900.00 $4,500.00 5.000 $4,500.00 68 2506.503 CONSTRUCT MANHOLE (SAN)LIN FT 45 $1,500.00 $66,900.00 44.600 $66,900.00 69 2506.601 CONSTRUCT LIFT STATION LUMP SUM 1 $250,000.00 $250,000.00 1.000 $250,000.00 70 2506.602 CONSTRUCT DROP MANHOLE (SAN)EACH 1 $25,000.00 $25,000.00 1.000 $25,000.00 71 2506.602 EXTERNAL CHIMNEY SEAL (SAN)EACH 4 $325.00 $1,300.00 4.000 $1,300.00 72 2511.507 RANDOM RIPRAP CLASS III CU YD 10 $225.00 $2,250.00 10.000 $2,250.00 73 RAIN GARDEN LUMP SUM 1 $40,000.00 $40,000.00 1.000 $40,000.00 74 2521.618 3" BITUMINOUS DRIVEWAY SQ FT 370 $8.00 $2,960.00 370.000 $2,960.00 75 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 60 $165.00 $9,900.00 60.000 $9,900.00 76 2531.603 CONCRETE CURB & GUTTER DESIGN SURMOUNTABLE LIN FT 2,470 $20.00 $49,400.00 2470.000 $49,400.00 77 2540.602 INSTALL MAILBOX EACH 3 $175.00 $525.00 3.000 $525.00 78 2540.618 BRICK PAVER (DRIVEWAY)SQ FT 1,700 $15.00 $25,500.00 1700.000 $25,500.00 79 2545.502 LIGHTING UNIT TYPE SPECIAL EACH 4 $5,000.00 $20,000.00 4.000 $20,000.00 80 2557.502 VEHICULAR GATE-SPECIAL EACH 1 $5,000.00 $5,000.00 1.000 $5,000.00 81 2557.603 WOVEN WIRE FENCE LIN FT 850 $55.00 $46,750.00 850.000 $46,750.00 82 2557.603 ORNAMENTAL FENCE DESIGN SPECIAL LIN FT 305 $180.00 $54,900.00 305.000 $54,900.00 83 2557.603 TEMPORARY WOVEN WIRE FENCE LIN FT 850 $20.00 $17,000.00 850.000 $17,000.00 84 2563.601 TRAFFIC CONTROL LUMP SUM 1 $15,000.00 $15,000.00 0.574 $8,610.00 0.058 $870.00 0.134 $2,010.00 0.234 $3,510.00 85 2564.502 OBJECT MARKER EACH 1 $175.00 $175.00 1.000 $175.00 86 2564.518 SIGN PANELS TYPE C SQ FT 65 $65.00 $4,225.00 65.000 $4,225.00 87 2564.602 SIGN PANELS TYPE SPECIAL EACH 1 $350.00 $350.00 1.000 $350.00 88 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 $7,500.00 $7,500.00 1.000 $7,500.00 89 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 1 $6,000.00 $6,000.00 0.574 $3,444.00 0.058 $348.00 0.134 $804.00 0.234 $1,404.00 90 2573.502 STORM DRAIN INLET PROTECTION EACH 5 $250.00 $1,250.00 5.000 $1,250.00 91 2573.503 SILT FENCE, TYPE MS LIN FT 2,200 $2.50 $5,500.00 2200.000 $5,500.00 92 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 800 $3.75 $3,000.00 800.000 $3,000.00 93 2573.602 ROCK DITCH CHECK EACH 10 $450.00 $4,500.00 10.000 $4,500.00 94 2574.505 SOIL BED PREPARATION ACRE 1 $2,500.00 $1,625.00 0.650 $1,625.00 95 2574.508 FERTILIZER TYPE 3 POUND 130 $1.25 $162.50 130.000 $162.50 96 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 1,100 $2.75 $3,025.00 1100.000 $3,025.00 97 2575.505 SEEDING ACRE 1 $1,000.00 $650.00 0.650 $650.00 98 2575.508 SEED MIXTURE 25-141 POUND 39 $5.00 $195.00 39.000 $195.00 99 2575.508 HYDRAULIC BONDED FIBER MATRIX POUND 1,500 $2.00 $3,000.00 1500.000 $3,000.00 100 2575.523 RAPID STABILIZATION METHOD 3 MGAL 4 $900.00 $3,510.00 3.900 $3,510.00 101 2582.503 4" SOLID LINE MULI COMP GR IN LIN FT 700 $4.00 $2,800.00 700.000 $2,800.00 102 2582.503 6" SOLID LINE MULTI COMP GR IN LIN FT 250 $4.00 $1,000.00 250.000 $1,000.00 103 2582.503 24" SOLID LINE MULTI COMP GR IN LIN FT 100 $40.00 $4,000.00 100.000 $4,000.00 $1,943,771.50 $1,115,366.50 $113,350.00 $260,655.00 $454,400.00 1.00 0.574 0.058 0.134 0.234 $121,000.00 $69,454.00 $7,018.00 $16,214.00 $28,314.00 $2,064,771.50 $1,184,820.50 $120,368.00 $276,869.00 $482,714.00 $310,000.00 $177,940.00 $17,980.00 $41,540.00 $72,540.00 $25,000.00 $25,000.00 $2,399,771.50 $1,387,760.50 $138,348.00 $318,409.00 $555,254.00 TOTAL ESTIMATED CONSTRUCTION COST: TOTAL WITHOUT PRORATA ITEMS RATIO PRORATA ITEMS PROJECT DEVELOPMENT COSTS: RIGHT OF WAY ACQUISITON TOTAL ESTIMATED PROJECT COST: WATERMAIN SANITARY SEWER SP 1002-123, CITY OF CHANHASSEN STORM SEWERROADWAY 254 Appendix C: City Assessment Practice 255 Page 1 of 2 CITY OF CHANHASSEN ASSESSMENT POLICY Last updated January 2022 The City of Chanhassen’s Assessment Policy is intended to provide general direction to City Staff and their consultants in preparation of assessment rolls to ensure fair and consistent treatment of all properties within the City that are subject to an assessment. This document will also be used to educate and explain to property owners about the Policy. All assessments shall follow the process outlined in Minnesota State Statues, Chapter 429, which gives the City the legal authority to assess property. This Policy may not apply in all circumstances, at which time the City Council may direct staff to determine an alternate assessment methodology. All benefiting properties that currently have access, or may have future access, to the public street being reconstructed or rehabilitated shall be included in the assessment roll. This includes property with a shared driveway or private street access to the public street, except where said private street meets applicable criteria to allow for a reduced or no assessment. Applicable criteria includes whether the private street has standard street width, section, and turn-around. There are various ways to calculate assessments, typically done based on the number of parcels, an area, or linear foot calculation. The City shall use the calculation method that creates a reasonable distribution of assessments across the entire roll. When more than one “neighborhood” is contained within the same project, the assessment shall be calculated per each neighborhood, rather than the total project. Public property, private associations, and non-profits will be included in the calculations. Commercial, Medium, and High Density Residential property shall be assessed based on a reasonable determination of vehicular traffic generated. NEW CONSTRUCTION: 100% assessed to all benefitting properties. New construction is typically paid for by the development itself and therefore not formally assessed. In some instances, the City will undertake proactive installation of public utilities to unserved areas and then assess the benefiting properties for the added service. In other instances properties may petition the City directly for the installation of the public improvement. Assessable Costs Include: • Construction of a new public street, trail and/or sidewalk. • Installation of public water main, storm sewer and/or sanitary sewer system, including appurtenances (structures, valves, hydrants, lift stations, etc.), where it did not previously exist. • Indirect costs (design, legal, and administration fees). Notes: • Oversizing of streets and utilities beyond what is needed for the development itself, are paid for by the City and are typically not assessed. RECONSTRUCTION/REHABILITATION: 40% assessed to all benefitting properties Assessable Costs Include: • Pavement associated with public streets, trails and/or sidewalks. This includes draintile, geotechnical (soil corrections, etc.), and other improvements needed to support the function of the pavement structure. • Curb and gutter, including curb impacted solely by utility improvements. • Driveway pavement directly affected by the project work. • Multi-Modal improvements such as ADA ramps and actuated pedestrian crossings such as Rectangular Rapid- Flashing Beacons (RRFB’s). 256 Page 2 of 2 • Signing and stripping. • Retaining walls required within the Right-of-Way. • Tree removal and/or landscaping improvements directly affected by the project work. • Applicable percentage of indirect costs (design, legal, and admin fees). Notes: • Rehabilitation is typically defined as mill and overlay and/or full depth reclamation activities. • If a residential property benefits from a collector street, the assessment amount shall be based on an equitable formula compared to a typical local roadway, including normalizing to a 31-foot wide street, street section, and other applicable factors. • Pavement projects on streets that provide direct access to Chanhassen property(s) that are being implemented by an adjacent municipality shall not be assessed to the Chanhassen property(s) unless the adjacent municipality is assessing the benefitting property in their jurisdiction as part of the project. • Replacement or repair of existing public water main, storm sewer and/or sanitary sewer shall not be assessed. The City will pay 100% of these improvement costs out of the associated enterprise fund. REGULAR MAINTENANCE: Benefiting properties are not assessed • Activities Include: Pavement patching, pothole filling, crack sealing, chip sealing, sealcoating, and re-stripping. ASSESSMENT PAYMENT OPTIONS • Assessments can be paid in full up front with no charge, or added to annual property taxes with interest. • If elected to be added to annual property taxes, the balance can be paid off at any time during the term if later requested by the property owner. • Interest will be charged to property owners who choose to not pay their assessments in full by November 15th in the year the special assessment is levied. The interest rate will be equal to the average interest cost of the City’s most recent bond issue plus 2%. If the City has not issued bonds in the past year, the City will use the current municipal bond index rate for AAA rated issuers at the time the special assessment is approved. • Unless approved otherwise by the City Council, the maximum financing term for assessments shall be as follows: o $0-$500 1 year o $501-$2,500 5 years o $2,501-$5,000 8 years o $5,001 and above 10 years The City has developed a Frequently Asked Questions (FAQ) document addressing the most common questions concerning assessments. The FAQ document can be found on the City’s website. 257 G:\ENG\Assessments\Assessment FAQ 2022 Update - Clean.docx Page 1 of 2 What are assessments? Assessments are charges to benefiting properties utilized to help finance an improvement project. In Chanhassen and most metro area cities, assessments are used to help finance street reconstruction and rehabilitation projects. These projects are programmed via the Pavement Management Program (PMP). Minnesota State Statutes, Chapter 429, allows the City the authority to assess for projects. Who is assessed for a street improvement project? Owners of property that directly access a public street, or that have a private driveway that has access to a public street, or that have potential future access within the project area are assessed. These properties are determined to be “benefitting properties” and are assessed a cost based on the City’s Assessment Policy. Does the City have an Assessment Policy? Yes. It can be found on the City’s website at this location: https://www.ci.chanhassen.mn.us/432/Assessment-Policy The City started assessing for street improvements in 1993. The Policy was last updated in January 2022. For the construction of a new public streets or public utilities, 100% of the cost is assessed to the benefitting properties. For an improvement project of an existing street, 40% of the cost is assessed to the benefitting properties and the City pays 60% of the street improvement cost. 100% of the public storm sewer, sanitary sewer and water main costs associated with the project are paid by the associated utility enterprise funds and are not included in the cost assessed to the benefitting properties. Why does the City assess for street improvement projects? Why doesn’t the City pay 100% of the project cost? Public streets are part of the City’s Multi-Modal transportation system to provide access to all residents. The City acknowledges the system benefit of a street project by paying 60% of the project cost. Benefitting properties use the roads to get to and from their property on a daily basis, which is why they are assessed 40% of the street project cost. When someone buys a new home in a new subdivision, the cost to construct the new infrastructure was incorporated into the purchase price of the home and property by the Developer and thus was the initial assessment to the property. When is the assessment amount determined? An estimate of the assessment is calculated with the Feasibility Study, which is typically completed six months to a year before a project begins. The final assessment amount is based on the lowest responsible bid amount and is set by City Council at the assessment hearing, CITY OF CHANHASSEN FAQs: ASSESSMENTS 258 G:\ENG\Assessments\Assessment FAQ 2022 Update - Clean.docx Page 2 of 2 which typically occurs in April or May of the construction year. Properties being assessed for the project are notified of the assessment hearing formally by US mail, but the process is also communicated by the City via its website, public open houses, the Chanhassen Connection, social media, and at City Council meetings. What are the payment options for assessments? Please refer to the timeline below for payment options. The City does not accept partial payments of the assessment. Assessment Hearing & final assessment amount is determined and the Assessment Roll is adopted Payments received by this date are not charged interest Payments received by this date are charged the interest that has accrued from the date the Assessment Roll is adopted Annual payments to the assessment are paid with your property taxes. Interest is collected each year based on the outstanding principle owed on the assessment April or May (typically) 90 days after the Assessment Roll is adopted End of the year Term of the assessment* *You can pay off an assessment after it has been certified to your property taxes. The City of Chanhassen Finance Department will calculate the payoff amount, which will include the interest. The Term is based on a tiered amount found in the Policy. Why does the City charge interest on assessments? The City finances the entire project cost until all the assessments have been paid. The interest charged on assessments is the rate the City pays for the bonding (as of the date of the assessment) plus 2%. The interest charged is calculated as simple interest and not a compound interest. Benefitting property owners are encouraged to consult private financial institutions for other ways that can be used to pay off the assessment. This allows the property owner the ability to negotiate the term and interest rates within the competitive market and may have some tax advantages. What does the Franchise Fees Pay for? The Franchise Fees (passed in 2018) help pay for the City’s cost of the project. In lieu of Franchise Fees, the annual property tax levy would have to be adjusted to fund the overall Pavement Management Program (PMP). How can I provide input on the project and the planned improvements? A couple ways: 1. The City and their design consultants typically hold 2 public open houses during the project implementation process. You can attend one or both of these and verbally discuss the project or provide written comments on a comment card at those meetings. 2. Call the City’s Engineering Department at (952) 227-1160 and talk to one of the staff working on the project. 3. E-mail the City’s Engineering Department at Engineering@ci.chanhassen.mn.us and provide your comments or concerns. 259 City of Chanhassen Crimson Bay Road Improvements Project Schedule No.Item By Date Document Notes 1 Public Open House City / BMI 10/30/2024 Wednesday from 4 to 6PM? 2 Authorize Feasibility Study City Council Complete --- 3 Complete Feasibility Study BMI Complete Study 4 Receive Feasibility Study & Call for PH City Council 10/14/2024 Res. No. 1 5 Chan Villager Published Notice City 11/7 & 11/14 Imp Hearing Notice 2 Publications Required (at least 1 week apart & last one at least 3 days prior to PH) 6 Mailed Notices City 11/8/2024 Imp Hearing Notice Required 10 Days Prior to PH, Can Be Same Language as Published Notice 7 Conduct Improvement Hearing BMI/City 11/18/2024 --- Res. No. 2 8 Order Improvements City Council 11/18/2024 Res. No. 2 Requires 4/5's City Council Vote 9 Final Design & Preparation of Bid Docs BMI 11/18/2024 - 3/6/2025 --- 10 Approve Plans & Order Ad for Bids City Council 12/9/2023 Res. No. 3 11 Finalize ROW City 3/6/2025 Need Signed ROW agreements (HOA, UofM, Herbst) 12 Approved Plans (MnDOT Approval) BMI 3/6/2025 Needed Prior to Advertising 13 Tree Clearing Window 11/15/2024 - 3/31/2025 We may need to complete this under a spereate contract or City forces 14 Advertise Project BMI/City 3/6 - 4/1 --- Must Advertise for 3 Weeks in Local Paper & First Class Publication 15 Open Bids BMI/City 4/1/2025 --- 16 Prepare Final Assessment Roll BMI 4/7/2025 Final Assmt Roll Final Assessment Roll 17 Declare Cost to be Assessed City Council 4/14/2025 Res. No. 4 18 Call for Assessment Hearing City Council 4/14/2025 Res. No. 5 19 Mailed Notices BMI/City 4/24/2024 Assmt Hearing Notice - Mailed Required 14 Days Prior to PH, Must List Individual Assessment Amount on Each Notice 20 Chan Villager Publication Other 4/24/2025 Assmt Hearing Notice - Published Publish on Thursdays, Thursday the week prior Deadline 1 Publication Required At Least 2 Weeks Prior to Public Hearing / 21 Conduct Assessment Hearing BMI/City 5/12/2025 --- 22 Adopt Assessment Roll City Council 5/12/2025 Res. No. 6 23 Award Project City Council 5/12/2025 --- 24 Begin Construction 5/19/2025 September 23, 2024 260 Crimson Bay Road Project - October 3O,2O24 Open House Project No.23-02 lf you have comments on the Crimson Bay Road Project, please write them below. City Staff will compile all comments to be included in a future report. Return comment card to City Staff or mail to City of Chanhassen Engineering Department, 7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317. Name:r/1a 's+o rmait N'l6re rt9 c en S@ ]ruLJ Address: 1) tt -ZEo I Pho ne: Comments: e)-Lu.,u.t n [bt b,t<- I )-r*ud, r+7a9W @O 7:atodoczz) eno{i) ,(fin ,Qtao <1o1O brr7pd 261 Crimson Bay Road Project - October 30,2024 Open House Project No.23-02 lf you have comments on the Crimson Bay Road Project, please write them below. City Staffwill complle all comments to be included in a future report. Return comment card to City Staff or mail to City of Chanhassen Engineering M. dLl,.,,-to @ t Y1 lLt - C{r\Name:r>Hr.^t Email: Address: '1 5lo I Bz C6.t^c+Pho ne:4s* 13/-lryu Comments: _ h)o a<J- s r'1 S {hv-r-,-,u l,a,6S+ t/l or^l 3 9 l,r1 ,'I sr'5 "-J *..,-a.\rn'-,\c !'-rn ^-( J oo-',o- .-, /-.r N. '78g.. st on) -l-o",n Department,7700 Market Blvd., P.O. Box 147, Chanhassen, MN 55317. 262 Crimson Bay Road Project - October 30, 2024 Open House Project No. 23-02 lf you have comments on the Crimson Bay Road Project, please write them below. City Staff will compile all comments to be included in a future report. Return comment card to City Staff or mail to City of Chanhassen Engineering Department, 7700 Market Blvd., P.o. Box 147, Chanhassen, MN 55317. Name:[4opV delv Emait: I o-, r - hruL a t*1.<r / Address:7gt r Dea.r.,l Ci ?sz--- g 34 ^q r4GPhone: e<: ) Comments: C*ros V- C-|-e.lestr, a-n l*- cJla T)o a / 12/,.7 oOhc-- 263 Sign-in Sheet Crimson Bay Road Proiect#23-02 October 30,2024 Open House 4:00-6:00pm - Chanhassen City Hall, Senior Genter -at NAUE,z-1 ADDRESS PHONE EMAIL 1 Cn 6 t2 ff'r*r*}>4,'-}*b.,'l St t tsr *cav- L*Y J ?F 73 lt bowoooL d (/ o(?x,irrru*l^ ll nfrr;{L ?Lno 0r9^,,o A*, 2l- 1bC& (rrtrvrsarM Rd. u GJdp)tl*r 14 El D vu ood R?"J f1a-.$)rr 7 ilorb.SrrrrN*s v762o in^snn 8.v k/- ilao Par&rane*. Uic+.nze' Fou'A a;(\1)0b Cntnnn baa Lrl 10. I l. 12. 13. 14. 15. 16. t7 t9 20 t5u&i 6vt^.rno sf"/+ 18. 264 Crimson Bay Road Improvement Project City Project 23-02 City Council Meeting November 18, 2024 265 Tonight’s Actions Review the Project Hold the Public Improvement Hearing Consider ‘Ordering the Project’ •The City Council is not approving the final design tonight •The City Council is not awarding a contract to start the work •The City Council is not approving the assessment amount or terms tonight 266 Project Need / Strategic Priorities Asset Management •Street Pavement (OCI ~7) •No public Sanitary Sewer/Watermain Development/Redevelopment •Lot 5 has a desire to subdivide Financial Sustainability •LPP Grant •Assessments Operational Excellence •Reacts to Stakeholder AATP Project(s) by eliminating access points on Hwy 5 •Aligns with previous planned intentions 267 Project Scope •Fully reconstruct the existing street •Make connection to Dogwood at the north o Roadway Easements being obtained from the UMN Arboretum & The Arbors HOA •Remove connection to Hwy 5 at the south •Install public Sanitary Sewer o New public Lift Station o Connect to FM stub in Dogwood •Extend public Watermain o Connect to 12” trunk on Hwy 5 o Connect to stub in Dogwood •Stormwater management treatment not triggered •Retaining Walls, Lighting, Tree planting 268 269 Highway 5 Improvements (AATP) •Existing Arb entrance is being converted to an EB exit only •Expanding to 4 Lanes & concrete median being added •Crimson Bay Road access being removed •Stormwater Pond being constructed in remnant area SW of creek 270 Crimson Bay Road Plat •Platted in 1988 •No public S/W •Surrounding property all undeveloped at the time •Public ROW dedicated at north end for future extension o Topographic challenges presumably pushed alignment easterly 271 Public Engagement Effort Property Owner meetings AATP/Hwy 5 PMT meetings UMN Arboretum Negotiations -Group meetings held at City Hall -Multiple meetings held on-site Public Open Houses -HWY 5/AATP Open Houses held virtually & in person at the Arb -Project Specific Open House held at City Hall Assessment notification letters Project Page on City’s website 272 Public Feedback Summary Feedback/Questions What are the Impacts to the existing conditions, how can they be minimized? Is my address going to change? Why are we doing this? What is the schedule? What about traffic impacts on West 78th St.? What was island property allowed to build? 273 Project Budget CIP Project #ST-050 had a budget of $2.7M Funding Source Amount Pavement Management Program Fund (PMP)$604,000 Local Partnership Program Grant (LPP)$710,000 Sewer Enterprise Fund $470,000 Water Enterprise Fund $232,000 Surface Water Enterprise Fund $139,000 Special Assessments $245,000 Total $2,400,000 274 Assessments •The preliminary assessment amounts were determined based on an Equivalent UNIT basis •Abiding by Assessment Policy •Street AND Utility assessments •A Special Benefit Appraisal was performed to validate assessment amounts •Lot 5 asked for and received a Comp Plan Amendment changing Land Use from Large Lot to Low Density on 7/10/23 to accommodate a potential subdivision; a conceptual subdivision plan has been provided to the City; additional S/W stubs are being provided Parcel Address Units Preliminary Assessment Lot 1 7620 Crimson Bay Rd 1 $40,815 Lot 2 7640 Crimson Bay Rd 1 $40,815 Lot 3 7660 Crimson Bay Rd 1 $40,815 Lot 4 7700 Crimson Bay Rd 1 $40,815 Lot 5 7750 Crimson Bay Rd 2 $81,630 TOTAL $244,890 275 Schedule & Next Steps •Final Design •Easement acquisition paperwork •ROW Vacation •Coordinate Address Changes Order Project Nov 18, 2024 Approve Plans & Specs Authorize Bidding Feb 2025 Bid Opening Mar 2025 Neighborhood Meeting Mar 2025 Assessment Hearing Award Construction Contract Apr 2025 Begin Construction May 2025 Complete Construction Aug 2025 276 Staff Recommendation •The project is feasible and cost effective •There is a project need •The project schedule aligns with the Hwy 5 project work •The project is budgeted for Staff recommends proceeding with ordering the project 277 1. Questions 2. Conduct Public Hearing 3. Make a motion / Provide direction 278 Proposed Motion “The Chanhassen City Council adopts a resolution ordering the improvements, and authorizing preparation of plans and specifications for the Crimson Bay Road Improvement Project No. 23-02.” 279 City Council Item November 18, 2024 Item Resolution 2024-XX: Approve Vacation of Public Drainage and Utility Easements within Lot 1 and Lot 2, Block 1 Rook Place (6630 and 6660 Horseshoe Curve) File No.Vacation Case No. 24-07 Item No: F.2 Agenda Section PUBLIC HEARINGS Prepared By Mackenze Grunig, Project Engineer Reviewed By Charlie Howley SUGGESTED ACTION Approve a resolution vacating easements to allow for a lot line adjustment. Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY Vacating existing public drainage and utility easements over Lot 1 and Lot 2, Block 1, Rook Place (6660 Horseshoe Curve). BACKGROUND The property owners at 6630 and 6660 Horseshoe Curve would like to do a lot line adjustment to align the actual property line with the existing fence and wall between the houses. Since there are existing public drainage and utility easements paralleling the existing lot line, the easements should also be adjusted to follow the new lot line. The process involves vacating the existing easements and re- establishing new easements following the new lot line. The formal lot line adjustment is approved and processed administratively, which will occur once the easement vacation is approved. The vacation of the existing easements is contingent upon the recording of the new lot line at Carver 280 County. DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends approval of the vacation of the public drainage and utility easements subject to re- establishing new easements along the adjusted lot line. ATTACHMENTS Resolution Vacation Application Statement of Need Vacation PH Notice to Paper-6660 Horseshoe Curve Vacation PH Notice to Mail-6660 Horseshoe Curve 281 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 18, 2024 RESOLUTION NO: 2024-XX MOTION BY: SECONDED BY: RESOLUTION VACATING PLATTED PUBLIC DRAINAGE & UTILITY EASEMENTS BETWEEN LOT 1, BLOCK 1 AND LOT 2, BLOCK 1, BEDDOR ADDITION WHEREAS,Michael Weis and Michael Lynch (“Applicants”) have applied for vacation of a portion of the platted public drainage and utility easements legally described as follows: That part of the southeasterly 5.00 feet of Lot 1, Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying southwesterly of the northeasterly 5.00 feet thereof, and lying northeasterly of the westerly 10.00 feet thereof. And also that part of the northwesterly 5.00 feet of Lot 2 Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying northeasterly of the southerly 5.00 feet thereof. (“Easements”) WHEREAS, pursuant to Minnesota Statutes § 412.851 the City Council of the City of Chanhassen has conducted a hearing preceded by the statutorily required two (2) weeks published and posted notice and mailed notice to the abutting property owners, to consider the vacation of the Easements. WHEREAS, following the hearing and consideration of the proposed vacation, the City Council finds that the Easements are not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: 1.The Easements are hereby vacated conditioned upon the Applicants granting to the City drainage and utility easements as legally described in Exhibit A attached hereto. 2.The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintain the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. 3.The City Clerk shall transmit a certified copy of this Resolution to the County Auditor and County Recorder subject to the condition in Paragraph 1 of this Resolution. 282 2 PASSED AND ADOPTED by the Chanhassen City Council this 28th day of October, 2024. ATTEST: ___________________________________ ___________________________________ Jenny Potter, City Clerk Elise Ryan, Mayor YES NO ABSENT 283 3 EXHIBIT A Legal Description of Drainage and Utility Easements The Southeasterly 5.00 feet of the following described parcel: Lot 1 Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, and also all that part of Lot 2, said Block 1, which lies northwesterly of the following described line: Commencing at the Northwest corner of said Lot; thence South 58 degrees 20 minutes 49 seconds East, assumed bearing along the northeasterly line of said Lot 1, a distance of 127.00 feet to the point of beginning of said line to be hereinafter described; thence South 32 degrees 10 minutes 07 seconds West 99.95 feet; thence South 12 degrees 22 minutes 56 seconds West 149.54 feet to the southerly line of said Lot 2 and said line there terminating. And The northwesterly 5.00 feet of the following described parcel: All the part of Lot 2, Block 1, ROOK PLACE, according to the recorded plat thereof, of Carver County, Minnesota, which lies southeasterly of the following described line: Commencing at the Northwest corner of Lot 1, said Block 1; thence South 58 degrees 20 minutes 49 seconds East, assumed bearing along the northeasterly line of said Lot 1, a distance of 127.00 feet to the point of beginning of said line to be hereinafter described; thence South 32 degrees 10 minutes 07 seconds West 99.95 feet; thence South 13 degrees 22 minutes 56 seconds West 149.54 feet to the southerly line of said Lot 2 and said line there terminating. 284 285 286 287 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF DRAINAGE & UTILITY EASEMENT NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, November 18, 2024 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of a portion of easement for public drainage and utility purposes on the property, located within Lot 1 and Lot 2 all in Block 1, ROOK PLACE, Carver County, Minnesota according to the recorded plat thereof and depicted as follows: LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE ABANDONED: That part of the southeasterly 5.00 feet of Lot 1, Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying southwesterly of the northeasterly 5.00 feet thereof, and lying northeasterly of the westerly 10.00 feet thereof. And also that part of the northwesterly 5.00 feet of Lot 2 Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying northeasterly of the southerly 5.00 feet thereof. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Adam R. Jandro, Engineering Phone: 952-227-1161 (Publish in the Sun Sailor on November 7 & 14, 2024) 288 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR VACATION OF A PORTION OF PUBLIC DRAINAGE & UTILITY EASEMENT OVER A PORTION OF BLOCK 1, LOTS 1 AND 2, ROOK PLACE NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, November 18, 2024 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall, 7700 Market Boulevard, pursuant to Minnesota Statutes §412.851 to consider the vacation of public drainage and utility easements over Lot 1 and Lot 2, Block 1 Rook Place, Chanhassen, and legally described and depicted as follows: That part of the southeasterly 5.00 feet of Lot 1, Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying southwesterly of the northeasterly 5.00 feet thereof, and lying northeasterly of the westerly 10.00 feet thereof. And also that part of the northwesterly 5.00 feet of Lot 2 Block 1, ROOK PLACE, according to the recorded plat thereof, Carver County, Minnesota, lying northeasterly of the southerly 5.00 feet thereof. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Adam R. Jandro, Engineering Phone: 952-227-1161 (Publish in the Sun Sailor on November 7 & 14, 2024) 289 City Council Item November 18, 2024 Item Receive the Third Quarter 2024 Economic Development Activity Report File No.Item No: I.1 Agenda Section ADMINISTRATIVE PRESENTATIONS Prepared By Sam DiMaggio, Economic Development Manager Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Third Quarter 2024 Economic Development Report." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY The staff has compiled a quarterly report summarizing the Economic Development Department’s activities and business-related findings. BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends the City Council receive and approve the Third Quarter 2024 Economic 290 Development Activity Report. ATTACHMENTS 3rd Quarter Economic Development Report 2024 291 2024 Economic Development Activity 3rd Quarter 1 ON-SITE OR VIRTUAL VISITS 1st Quarter Thaliwala, Positive Presence, Sharlene Downs State Farm Insurance, the Bernard Group, and Nicolet Bank. 2nd Quarter Thaliwala, Chanhassen Neighbor, and Gina Marias. 3rd Quarter All-State - JL Insurance, Campfire MN, Chanhassen Chiropractic, Chanhassen Dinner Theatre, Dandy Lion Coffee Warehouse, Fastest Labs, Orion Donuts, and Studio Pilates. 4th Quarter SUMMARY OF BUSINESS VISITS 1st Quarter While working on growth and establishment in the community, local businesses are managing hurdles like marketing strategies, employee dynamics, high interest rates, and other obstacles. 2nd Quarter Local businesses in Chanhassen, whether starting up or relocating, are facing challenges in finding available spaces—especially if they want to own their buildings. With the local newspaper's closure, I'm continuing to help businesses explore creative ways to market their locations and services. 3rd Quarter The local business owners I’ve been meeting with are enthusiastic about connecting with other small businesses in the area. Many are eager to collaborate on cross-promotions and recommend neighboring businesses to their customers. However, a few are still navigating challenges, such as finding employees and securing financing. Additionally, some are considering relocating but are hindered by the limited availability of rental spaces. 4th Quarter MEETING TYPE 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER TOTAL YTD Businesses 6 4 8 18 Non-Profits & Government 4 1 2 7 Entrepreneurs 2 1 0 3 Brokers/Developers 6 6 5 12 TOTAL INDIVIDUAL MEETINGS 18 12 15 30 292 2024 Economic Development Activity 3rd Quarter 2 NEW CHANHASSEN BUSINESSES Atlas Staffing Inc. Barabello Brito Burrito Dandy Lion Coffee Warehouse Fastest Labs Moe’s Char House Orion Donuts Studio Pilates Thaliwala (New Owner) The Great Frame Up TOP FIVE REQUESTED ASSISTANCE 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER TOTAL YTD Grants, general 1 2 0 3 Marketing/Sales 0 0 11 11 Property Development 9 5 13 27 Site Location 6 12 6 24 Strategic/Business Planning 4 4 4 12 Start-up 2 1 2 5 293 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 1 of 26 Master Agreement #: CTR060028 MN Contract ID#: 237594 Contractor: SHI Participating Entity: STATE OF MINNESOTA This Participating Addendum is entered into by Contractor and Participating Entity (collectively, the “Parties”). Scope and Participation: 1. Scope: ☒ This Participating Addendum includes the entire scope of the products and services available through the Master Agreement referenced above. ☐ This Participating Addendum includes the entire scope of the products and services available through the Master Agreement referenced above, except the following: Any scope exclusions specified herein apply only to this Participating Addendum and shall not amend or affect other participating addendums or the Master Agreement itself. 2. Participation: This Participating Addendum covers participation of Participating Entity in the above-referenced Master Agreement between the State of Arizona and Contractor for Software Value Added Reseller (SVAR). Subject to prior approval by the State Chief Procurement Official, this Participating Addendum may be used by all state agencies, institutions of higher education, cities, counties, districts, and other political subd ivisions of the state, and nonprofit organizations within the state if authorized herein and by law. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Term: ☐ This Participating Addendum shall become effective as of the date of the last signature below and shall terminate upon the expiration or termination of the Master Agreement, as amended, unless the Participating Addendum is terminated sooner in accordance with the terms set forth herein. ☒ This Participating Addendum shall become effective as of the date of the last signature below and shall terminate on September 30, 2025, unless terminated sooner or otherwise amended in accordance with the terms set forth herein. Notwithstanding the previous, in no event shall the term of the Participating Addendum exceed the term of the Master Agreement, as amended. 4. Primary Contacts: The following (or their named successors) are the primary contact individuals for this Participating Addendum: DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 177294 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 2 of 26 CONTRACTOR: Name: Nicole Rasky Address: 290 Davidson Avenue, Somerset NJ 08873 Telephone: 732-584-8227 Fax: Email: NASPO_SVAR@shi.com PARTICIPATING ENTITY: Name: Matt Hassenstab Address: 50 Sherburne Ave. St Paul, MN 55155 Telephone: 651.201.2431 Fax: Email: Matt.Hassenstab@state.mn.us Participating Entity Modifications and Additions to the Master Agreement ☐ This Participating Addendum incorporates all terms and conditions of the Master Agreement as applied to the Participating Entity and Contractor. ☒ This Participating Addendum incorporates all terms and conditions of the Master Agreement as applied to the Participating Entity and Contractor, subject to the following limitations, modifications, and additions: The terms and conditions of this Participating Addendum, including Minnesota Exhibit A which is attached and hereby incorporated by reference into this Participating Addendum, shall prevail over directly conflicting terms and conditions in the Master Agreement. The terms of this Participating Addendum and the Master Agreement shall be interpreted as cumulative and complimentary to the extent possible. Any limitations, modifications, or additions specified herein apply only to the agreement and relationship between Participating Entity and Contractor and shall not amend or affect other participating addendums or the Master Agreement itself. 5. Lease Agreements: Lease purchase and term leases are allowable only for Purchasing Entities whose rules and regulations permit leasing of Software. Any Lease agreement is unenforceable without full review and approval of the customer legal counsel. 6. Subcontractors: All contractors, dealers, and resellers authorized to provide sales and service support in Participating Entity’s state, as shown on Contractor’s NASPO ValuePoint- DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 178295 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 3 of 26 specific webpage, may provide sales and service support to users of this Participating Addendum. Participation of Contractor’s contractors, dealers, and resellers will be in accordance with the terms and conditions set forth in the Master Agreement. 7. Orders: Any order placed by Participating Entity or a Purchasing Entity for a product or service offered through this Participating Addendum shall be deemed to be a sale under, and subject to the pricing and other terms and conditions of, the Master Agreement (as modified by this Participating Addendum) unless the parties to the order agree in writing that another contract or agreement applies to the order. 8. Insurance: Contractor must be capable of furnishing the products and services as outlined in the Master Agreement and must be able to provide proof of insurance in accordance with the terms of this Participating Addendum and the Master Contract. If Contractor is the product or service provider, and is directly accepting and shipping orders, the Certificate of Insurance must be in its name and must meet all of the requirements outlined in the solicitation. The Contract will not be executed until the required insurance certificate is received and approved by the State. Upon notification of award, and within seven (7) days of notification, the awarded vendor(s) is(are) to provide a Certificate of Insurance with the coverage and amounts called for in the Participating Addendum. Any Contract awarded will not be executed until the Certificate of Insurance has been received and approved by the State. The State reserves the right to rescind the Contract award if the vendor does not provide the Certificate of Insurance within the required time. 9. Intellectual Property Indemnification (VAR): Contractor is a value added reseller (“VAR”) of all third party products, not the original equipment manufacturer, licensor, or distributor (“OEM”) and therefore disclaims any indemnification responsibility regarding third party products provided under this Agreement. Contractor shall forward the indemnifications to State which are provided to Contractor by the OEM of that product and to the extent granted by the OEM, State shall be the beneficiary of the OEM’s indemnifications with respect to the product. Contractor is not a party to any such terms between State and OEM and State agrees to look solely to the OEM for satisfaction of any and all indemnification claims related to that OEM’s product. 10. Audit Clause: Any contract or pass-through disbursement of public funds to a vendor of goods or services or a grantee must expressly or implicitly contain an audit clause that provides that the books, records, documents, and accounting practices and procedures of the vendor or other party relevant to the contract are subject to examination by the contracting agency and either the Legislative Auditor or State Auditor, whichever is appropriate, for a minimum of six years. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 179296 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 4 of 26 IN WITNESS WHEREOF, the Parties have executed this Participating Addendum. PARTICIPATING ENTITY CONTRACTOR Signature: Signature: Name: Name: Title: Title: Date: Date: Signature: Signature: Name: Name: Title: Title: Date: Date: For questions regarding NASPO ValuePoint Participating Addendums, please contact the Cooperative Contract Coordinator team at info@naspovaluepoint.org. Fully executed NASPO ValuePoint Participating Addendums must be submitted via email in PDF format to pa@naspovaluepoint.org. Kristina Mann Senior Manager - Contracts Ian Nix Manager - Contracts DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515A 10/9/2023 10/9/2023 DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 Acquisition Management Specialist Matt Hassenstab 10/18/2023 10/18/2023 IT Acquisitions Supervisor Andy Doran 180297 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 5 of 26 Minnesota Exhibit A Minnesota General Terms, Conditions, and Specifications 1. DEFINITIONS. For purposes of this Minnesota Exhibit A, the following definitions apply: a. CPV Members. The Cooperative Purchasing Venture (CPV) program was established by Minn. Stat. § 16C.03, subd. 10, which authorizes the commissioner of the Minnesota Department of Administration (Commissioner of Administration) through its Office of State Procurement (OSP) to enter into a cooperative purchasing agreement for the provision of goods, services, and utilities with one or more governmental units and other entities as described in Minn. Stat. § 471.59, subd. 1 and Minn. Stat. § 16C.03, subd. 10. Based on this authority, the Commissioner of Administration enters into a joint powers agreement that designates OSP as the authorized purchasing agent for the governmental unit or other entity. Governmental units and other entities joining the program are given an access code which identifies them as CPV members and permits them to access the OSP website to get information about commodities and/or services available on the State of Minnesota (State) contracts. Governmental units and other entities who are not members of the CPV program are not authorized to use the contract prices. The Contract Vendor agrees to provide the contract to CPV members at the same prices, terms, conditions, and specifications. For additional information, visit the OSP website at www.mmd.admin.state.mn.us. b. State Agencies. This term applies only to State agencies and departments, as defined in Minn. Stat. §§ 15.01 and 15.012. c. Ordering Entity. This term applies to any State Agency or CPV Member when allowed in the Participating Addendum. d. State and State of Minnesota. These two terms apply to the Minnesota Department of Administration, Office of State Procurement (OSP), representing the State of Minnesota as the contracting agency for the Participating Addendum. These terms also apply to the State's Department of Information Technology Services (MNIT) when acting within its statutorily defined contracting capacity. e. Minnesota Department of Information Technology Services (MNIT). Minnesota’s Information Technology agency. MNIT is responsible for providing or entering into managed services contracts for the provision, improvement, and development of business application software and related technical support services and other information technology systems and services to Minnesota state agencies pursuant to Minnesota Statute section 16E.016(a). f. Contract Vendor and Contractor. These two terms apply to the awarded vendor from the NASPO ValuePoint Master Agreement that OSP selects to receive a Participating Addendum. These terms have the same meaning as “Reseller” and “Contractor” as used in the NASPO ValuePoint Master Agreement. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 181298 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 6 of 26 g. Contract. Contract is defined as the Minnesota Participating Addendum, which incorporates the terms of the NASPO ValuePoint Master Agreement. h. Master Contract or Master Agreement. Master Contract is defined as the corresponding NASPO ValuePoint Master Agreement between NASPO ValuePoint and the Contractor. 2. ANTITRUST. The Contract Vendor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the Participating Addendum resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State. 3. INSURANCE. Prior to execution of the Participating Addendum, the Contract Vendor will be required to provide a copy of a Certificate of Insurance, including workers’ compensation insurance coverage requirements of Minn. Stat. § 176.181 subd. 2, and other coverages per the insurance requirements if included in the Participating Addendum. Contract Vendor shall meet the insurance requirements of the Master Contract except where more specific or greater coverages are required by this Participating Addendum. 4. INDEMNIFICATION, HOLD HARMLESS, AND LIMITATION OF LIABILITY. In accordance with the Master Contract, Contract Vendor shall indemnify, protect, save and hold harmless the State, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the State arising from act(s), error(s), or omission(s) during the performance of the Contract by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the State’s failure to fulfill its obligations pursuant to the Contract. For clarification and not as a limitation, the Contract Vendor hereby expressly extends, in addition to the other terms, conditions and specifications of the Contract, the foregoing defense and indemnification obligations to Cooperative Purchasing Venture (CPV) Members, including Board of Trustees of the Minnesota State Colleges and Universities, in addition to Agency as defined in Minn. Stat. 16.C.02, in addition to the legislative and judicial branches and constitutional offices of state government. 5. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 6. GOVERNMENT DATA PRACTICES. The Contract Vendor and the State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (and where applicable, if the State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State to the Contract Vendor and all data provided to the State by the Contract Vendor. In addition, the DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 182299 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 7 of 26 Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Contract that is private, nonpublic, protected nonpublic, or confidential as defined b y the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the State. The State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), applicable to the services Contract Vendor is providing under this Contract, including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Contract, the Contract Vendor shall retain responsibility under the terms of this article for such work. 7. GOVERNING LAW. The Contract will be construed in accordance with and performance governed by the laws of the State of Minnesota. Except to the extent that the provisions of the Contract are clearly inconsistent therewith, the Contract shall be governed by the Uniform Commercial Code (UCC) as adopted by the State of Minnesota. To the extent the Contract entails delivery or performance of services, the services will be deemed ”goods” within the meaning of the UCC, except when to deem such services as ”goods” is unreasonable. 8. JURISDICTION AND VENUE. The Contract, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of the Contract or breach thereof shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. The Contract Vendor voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of the Contract, or any breach thereof. 9. HUMAN RIGHTS/AFFIRMATIVE ACTION. The State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 183300 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 8 of 26 multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS a. The contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 184301 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 9 of 26 b. The contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. c. In the event of the contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. d. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. e. The contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. f. Consequences. The consequences of a Contract Vendor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. g. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 10. EQUAL PAY CERTIFICATION. If this Contract could be in excess of $500,000, the Contract Vendor must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to contract execution. A Contract Vendor is exempt if it has not employed 40 or more full-time employees on any single working day during the previous 12 months in Minnesota or the state where it has its primary place of business. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800- 657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us. See Minnesota Exhibit D for more details and to complete Equal Pay Certification. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 185302 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 10 of 26 11. PAYMENT. Minn. Stat. § 16A.124 requires payment within 30 days following receipt of an undisputed invoice, merchandise or service, whichever is later. Terms requesting payment in less than 30 days will be changed to read “Net 30 days.” The Ordering Entity is not required to pay the Contract Vendor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate Ordering Entity. In addition, all goods and/or services provided must meet all terms, conditions and specifications of the Contract and the ordering document and be accepted as satisfactory by the Ordering Entity before payment will be issued. Conditions of Payment. The Contract Vendor under the Contract must be in accordance with the Contract as determined by the sole discretion of the State’s Authorized Representative and be in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the Office of the Minnesota Secretary of State. The Contract Vendor will not receive payment for goods or services found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 12. PURCHASE ORDERS (PO). The State requires that there will be no minimum order requirements or charges to process an individual purchase order unless otherwise stated in the Contract. The Contract number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity’s purchase order constitutes a binding contract. The parties may agree through a Statement of Work to apply additional order-specific invoicing procedures when appropriate for the type of service ordered. 13. PURCHASING CARDS. Contract Vendor will accept a purchasing card for order placement in addition to accepting a purchase order, without passing the processing fees for the purchasing card back to the State. The State’s single purchase limit is $5,000 on the purchasing card. 14. TAXES. Do not add sales tax to the prices being offered. State Agencies hold a Direct Payment Authorization Letter which is used to pay applicable taxes directly to the Department of Revenue. Contractors may go to http://www.revenue.state.mn.us to learn about the applicable sales tax (search “Fact Sheet 142”). If orders are issued by Cooperative Purchasing Venture (CPV) Members, the Contract Vendor should confirm all of the tax requirements with the ordering entity. 15. SHIPPING REQUIREMENTS. All shipments shall be FOB Destination. Freight charges shall be prepaid and allowed unless otherwise stated in the NASPO ValuePoint Master Agreement. 16. DEFAULT. All commodities and services furnished will be subject to inspection and acceptance by the Ordering Entity after delivery. No substitutions or cancellations are permitted without approval of the Ordering Entity. Back orders, failure to meet delivery requirements, or failures to meet specifications in the purchase order and/or the Contract authorizes the Ordering Entity to cancel the purchase order, or any portion of it, and purchase elsewhere. In the event of default, the State reserves the right to pursue any other remedy available by law. A Contract Vendor may be removed from the vendor’s list, DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 186303 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 11 of 26 suspended or debarred from receiving a Contract for failure to comply with the terms and conditions of the Contract, or for failure to pay the State for the cost incurred on the defaulted Contract. 17. ASSIGNMENT. The Contract Vendor shall not sell, transfer, assign, or otherwise dispose of the Contract or any portion hereof or of any right, title, or interest herein without the prior written consent of the State’s Authorized Representative. Such consent shall not be unreasonably withheld. The Contract Vendor shall give written notice to the State’s Authorized Representative of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of the Contract. Failure to do so may result in the Contract Vendor being held in default. This consent requirement includes reassignment of the Contract due to a change in ownership, merger, or acquisition of the Contract Vendor or its subsidiary or affiliated corporations. This section shall not be construed as prohibiting the Contract Vendor’s right to assign the Contract to corporations to provide some of the services hereunder. Notwithstanding the foregoing acknowledgment, the Contract Vendor shall remain solely liable for all performance required and provided under the terms and conditions of the Contract. 18. INTELLECTUAL PROPERTY RIGHTS AND INTELLECTUAL PROPERTY INDEMNIFICATION. With respect to intellectual property, Contract Vendor shall pass on to the State all warranties and indemnification rights contained within the Master Contract, including those within Section 14 of SECTION 2-C of the Master Contract. 19. PARTICIPATING ADDENDUM AMENDMENTS. Except as provided herein, the Participating Addendum shall be modified only by written amendment duly executed by an authorized representative of the State and the Contract Vendor. No alteration or variation of the terms and conditions of the Participating Addendum shall be valid unless made in writing and signed by the parties as required by law. Every amendment shall specify the date on which its provisions shall be effective. An approved Participating Addendum amendment means one approved by the authorized signatories of the Contract Vendor and the State as required by law. 20. TERMINATION OF THE PARTICIPATING ADDENDUM. Unless an applicable remedy allows for shorter notice or immediate termination, the Participating Addendum or any related Statement of Work may be canceled by the State or the Commissioner of Administration at any time, with or without cause, upon 30 days written notice to the Contract Vendor. In the event of such a cancellation, the Contract Vendor shall be entitled to payment, determined on a pro rata basis, only for work or services satisfactorily performed and accepted. If the State terminates the Contract for default or other cause the Contract Vendor shall provide a pro-rated refund to the State for all prepaid but unused fees. In the event the Contract Vendor is in default, the Participating Addendum is subject to immediate cancellation to the extent allowable by applicable law. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 187304 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 12 of 26 In the event of expiration, termination or cancellation of the Participating Addendum or Statement of Work for any reason the Contract Vendor shall, in accordance with the State’s directions: (1) continue to provide any then-existing Services for as long as the State needs to transfer its data, software, security credentials including, but not limited to, any account root or access keys, and other assets to an alternate service or service provider; and/or (2) transfer the account with its existing IT environment and security credentials to the State or to a new third-party contract vendor of the State’s choosing while minimizing service disruption. The Contract Vendor will be entitled to pro-rata payment at the pricing in effect prior to expiration, termination or cancellation of the Participating Addendum or Statement of Work for the continuing services for the period of time needed, subject to any other limitations within this Participating Addendum and other agreements between the State and the Contract Vendor. The Contract Vendor may request to cancel the Participating Addendum or any related Statement of Work but must receive written approval from the State. Any term or conditi on that allows the Contract Vendor to terminate the Contract for any or no reason (i.e., termination for convenience) is null and void. 21. ADMINISTRATIVE PERSONNEL CHANGES. After execution of this Participating Addendum the State must be notified of intended changes in the Contract Vendor’s administrative personnel as soon as practicable. 22. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notic es, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the State’s Authorized Representative and the State’s Assistant Director or designee of Office of State Procurement. The Contract Vendor shall make no representations of the State’s opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Contract without the prior written consent of the State’s Assistant Director or designee of the Office of State Procurement. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 23. AMERICANS WITH DISABILITIES ACT (ADA). Products provided under the Contract must comply with the requirements of the Americans With Disabilities Act (ADA). The Contract Vendor’s catalog and other marketing materials utilized to offer products under the Contract must state when a product is not in compliance. If any descriptive marketing materials are silent as to these requirements, the Contract Vendor agrees that the customer can assume the product meets or exceeds the ADA requirements. 24. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards : DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 188305 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 13 of 26 a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards are not applicable for installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 25. USAGE REPORT. The Contract Vendor is required to furnish usage data to the State’s Authorized Representative on a quarterly basis based on the state fiscal year which begins on July 1. The quarter periods are July 1 to September 30 (1st Quarter), October 1 to December 31 (2nd Quarter), January 1 to March 31 (3rd Quarter), and April 1 to June 30 (4th Quarter). The report on the Contract usage must consist of the total dollars expended by both State Agencies and CPV members. Failure to provide these reports may result in Contract cancellation. The State may request additional periodic or ad-hoc reports as necessary. 26. MINNESOTA REPORTING REQUIREMENTS AND ADMINISTRATIVE FEE. On a quarterly basis, the Contract Vendor shall return to the Department of Administration, Office of State Procurement, a fee of 1% (.0.01 multiplication factor) of the total sales during that quarter, to assist with the cost of administering the Participating Addendum. The administrative fee shall be remitted to the State within 30 days of the end of the quarter. The quarter periods are July 1 to September 30 (1st Quarter), October 1 to December 31 (2nd Quarter), January 1 to March 31 (3rd Quarter), and April 1 to June 30 (4th Quarter). The Contract Vendor must provide a report detailing the total sales to State Agencies and CPV Members. The report must be submitted with the check on or before the required 30 days after the end of the quarter. Per the Master Contract, Contract Vendor may add any additional state admin fees to the NASPO ValuePoint pricing. 27. SEVERABILITY. If any provision of the Contract, including items incorporated by reference, is declared or found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions; if the remainder of the Contract is capable of performance it will not be affected by the declaration or finding and will be fully performed. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 189306 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 14 of 26 28. ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT METHOD AND STRUCTURE. In accordance with Minn. Stat. § 16A.40 the Contract Vendor is required to provide their bank routing information to the Minnesota Department of Finance to enable payments to be made through EFT. 29. COPYRIGHT AND PATENT INDEMNIFICATION. Copyright and patent indemnification shall be governed by Section 6.4 of SECTION 2-C of the Master Contract and any other applicable terms of the Master Contract. 30. SURVIVABILITY. The following rights and duties of the State and Contract Vendor will survive the expiration or cancellation of the resulting Contract(s). These rights and duties include, but are not limited to the paragraphs on Indemnification, Hold Harmless, and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Intellectual Property Indemnification, Publicity and Minnesota Reporting Requirements and Administrative Fees. Software licenses, warranty, maintenance agreements and service agreements that were entered into under the terms and conditions of the Agreement shall survive the expiration or termination of this Agreement. 31. IT ACCESSIBILITY STANDARDS. The State of Minnesota (Executive branch state agencies) has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D which can be viewed at: http://www.mmd.admin.state.mn.us/pdf/accessibility_standard.pdf The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software/products/subscriptions available through this Contract, the Contract Vendor agrees to develop functionality which supports accessibility. If any issues arise due to nonconformance with the above mentioned accessibility Standards, the Contract Vendor agrees to provide alternative solutions upon request at no additional charge to the State. The responder should complete Exhibit A (VPAT for Section 508) and Exhibit B (VPAT for WCAG 2.0) attached herein for all software, hardware, and the website (as applicable) as proposed in response to the RFP. For systems with multiple interfaces (such as an admin and user interface), complete a WCAG VPAT for each interface. These documents may be scored according to the RFP evaluation. Responders are encouraged to reference the “Vendor VPAT Guidance” in the “Products” tab at http://mn.gov/mnit/programs/accessibility/it-procurement.jsp for information and instructions on completing the VPATs. 32. E-VERIFY CERTIFICATION. For services in excess of $50,000, the Contract Vendor certifies that as of the date of services performed on behalf of the State, the Contract Vendor and all its subcontractors will have implemented or be in the process of DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 190307 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 15 of 26 implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. This is required by Minnesota Statutes Section 16C.075. The Contract Vendor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available on OSP website www.mmd.admin.state.mn.us. All subcontractor certifications must be kept on file with the Contract Vendor and made available to the State upon request. 33. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied to the State by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide the State with Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 34. SUBCONTRACTOR PAYMENT (When Applicable). In accordance with Minn. Stat. § 16A.1245, the Contract Vendor shall, within 10 days of receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contract Vendor is required to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontractor that takes civil action against the Contract Vendor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney’s fees that were incurred in bringing the action. The Contract Vendor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under the Contract. In the event the Contract Vendor fails to make timely payments to a subcontractor or supplier, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contract Vendor and deduct said payment from any remaining amounts due the Contract Vendor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contract Vendor written notice that payment will be made directly to a subcontractor or supp lier for undisputed services. If there are no remaining outstanding payments to the Contract Vendor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. The obligation to make payments to a subcontractor or supplier resides with the contract vendor. Failure to make a payment on time may result in breach of this agreement. 35. Certification of Nondiscrimination (IN ACCORDANCE WITH MINN. STAT. § 16C.053) The following term applies to any contract for which the value, including all extensions, is $50,000 or more: Contractor certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 191308 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 16 of 26 purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason. 37. SOFTWARE AND LICENSING AGREEMENTS. Contract Vendor shall honor the applicable reseller terms and conditions of any volume licensing, enterprise, end user licensing, maintenance, cloud hosting agreements, and similar agreements governing the State’s use of products and services as executed between the State and the Publisher. For avoidance of doubt, with respect to Software as a Service (SaaS) products, Contract Vendor shall at a minimum inform publishers and make reasonable efforts to ensure compliance with Sections 15 (Information Security) and 16 (Software as a Service Terms and Conditions) of SECTION 2-C of the Master Contract whether or not the State has executed a SaaS agreement with the Publisher. Contract Vendor will work with the State to ensure that the appropriate governing documents are referenced on the Contract Vendor quote. Prior to the State signing any ordering document and upon request at other times, Contract Vendor must submit to the State for approval any license agreements, maintenance agreements, or any other documents pertinent to the products and/or services in this Participating Addendum. 38. TAXPAYER IDENTIFICATION: The Contract Vendor shall be registered as a vendor to the State in the SWIFT Procurement System. Registration must be done online at http://www.mmb.state.mn.us/vendorresources. 39. STATE’S NON-INDEMNIFICATION. Nothing herein, whether express or implied, shall be deemed to create an obligation on the part of the State to indemnify, defend, hold harmless or release the Contract Vendor, Contract Vendor’s subcontractors, or Contract Vendor’s agents. This shall extend to all agreements related to the subject matter of this Participat ing Addendum, and to all terms subsequently added, without regard to order of precedence. 40. ORDERING ENTITY. The Contract Vendor will accept Orders and Statement of Work documents from the Office of MN.IT Services, and from eligible CPV members upon supplying the required Security Disclosure to such CPV Members. The State reserves the right to add additional State Agencies and CPV members, as defined in General Terms and Conditions section 1.Definitions, to the Contract upon mutual agreement by both parties. 41. AUDIT COSTS. If the State is required to pay Contract Vendor’s audit and collection costs, and/or attorney’s fees, the State is only required to pay such costs and/or fees up to an aggregate of $5,000. 42. NO AUTOMATIC RENEWALS. The State does not agree to any automatic renewals which require the payment of additional fees. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 192309 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 17 of 26 43. NO MANDATORY MEDIATION OR ARBITRATION. Any term or condition that requires the parties to mediate or arbitrate is null and void. Voluntary dispute resolution procedures are valid to the extent allowed by law. 44. TERMS AND CONDITIONS LIMITED BY MINNESOTA LAW. The State only agrees to the terms and conditions of the Contract to the extent permitted by Minnesota law. 45. STATE’S RIGHTS AND REMEDIES CUMULATIVE. All rights and remedies provided in the Contract are cumulative and not exclusive of any other rights or remedie s that may be available to the State, whether provided by law, equity, statute or otherwise. 46. CONTRACT VENDOR DISCLAIMERS OF WARRANTIES INVALID. Any term or condition that excludes, disclaims, or limits a Contract Vendor warranty is null and void. 47. DATA DISCLOSURE. Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the Contract Vendor consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Contract Vendor to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities. 48. DEBARMENT BY STATE, ITS DEPARTMENTS, COMMISSIONS, AGENCIES, OR POLITICAL SUBDIVISIONS Contract Vendor certifies that neither it nor its principals is presently debarred or suspended by the State, or any of its departments, commissions, agencies, or political subdivisions. Contract Vendor’s certification is a material representation upon which the Contract award was based. Contract Vendor shall provide immediate written notice to the State’s Authorized Representative if at any time it learns that this certification was erroneous when submitted or becomes erroneous by reason of changed circumstances. 49. PROFESSIONAL/TECHNICAL (P/T) SERVICES For eligible Minnesota state agencies utilizing this contract, Professional/Technical Services must be within the scope of services available through the Master Contract. 50. RETAINAGE. Under Minn. Stat. § 16C.08, subd. 2 (10), for Professional and Technical services performed under the terms of this Contract, no more than 90 percent of the amount due for those Professional and Technical Services may be paid until the final product has been reviewed by the State’s agency head. The balance due will be paid when the State’s agency head determines that the Contract Vendor has satisfactorily fulfilled those Professional and Technical Services. 51. FEDERAL FUNDS. Payments under this Contract may be made from federal funds obtained by the State. The Contract Vendor is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Contractor’s failure to comply with federal requirements. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 193310 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 18 of 26 52. ORGANIZATIONAL CONFLICTS OF INTEREST To the best of Contract Vendor's knowledge, execution and performance of this Contract does not give rise to a Conflict of Interest (as defined below). Each party agrees to promptly notify the other if, at any time during the term of this agreemen t, either party becomes aware that it has an actual or potential conflict of interest, including any relationship that may impair the party's objectivity or ability to perform its obligations hereunder (a "Conflict of Interest"). Upon such notice, the parties will meet and engage in good faith negotiations to resolve the alleged or potential conflict in accordance with the dispute resolution provision set forth in Section 10 of the Master Agreement (“Defaults and Remedies”). If the parties are unable to resolve the conflict after a reasonable time, the parties may mutually agree to terminate this Addendum in accordance with Section 7 of the Master Agreement (“Cancellation”). 53. REIMBURSEMENT OF PROFESSIONAL SERVICES In addition to the terms and conditions set forth in the Master Agreement the parties hereby agree to insert the following sentences at the end of such subsection : “Reimbursement of expenses related to the Provision of Professional Services, if any, shall be in accordance with the terms and conditions of the relevant Order and/or exhibit thereunder. In the event that the relevant Ordering Document does not include specific amounts or caps on expenses, the applicable Purchasing Entity shall not be liable to pay any expenses not explicitly agreed to in writing prior to the expenses being incurred.” 54. CAUSE OF ACTION Except for actions for nonpayment or breach of Contract Vendor’s proprietary rights, no action, regardless of form, arising out of or relating to this Addendum may be brought more than six years after the cause of action has accrued. 55. IMMIGRATION STATUS CERTIFICATION Contract Vendor agrees to comply with the Immigration Reform and Control Act of 1986 (“IRCA”) in relation to all employees performing work in the United States. Contract Vendor does not knowingly employ person in violation of the United States immigration laws. As of the date of this Addendum, Contract Vendor has implemented the E-Verify program for all newly hired U.S.-based employees who will perform work on this Addendum in the United States. In connection with orders of Professional Services under this Addendum, Contract Vendor will include this clause or a substantially equivalent clause in all of its subcontracts issued under this Addendum and shall obtain the State of Minnesota-Immigration Status Certification from all subcontractors performing servic es under this Addendum and maintain such certifications for inspection by the Participating State if such inspection is requested by the Participating State. If Contract Vendor is not in compliance with this section and has not cured its non-compliance within 30 days of written specification of such non-compliance from the Participating State, the Participating State reserves the right to determine what action it DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 194311 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 19 of 26 may take, including but not limited to terminating this Addendum (in accordance with Section 10 of the Master Agreement) and/or suspending or debarring Contract Vendor from state purchasing in accordance with and subject to Minnesota law. 56. QUOTES – MINIMUM CONTENT. The content specified in Section 3.3.2 (Minimum Invoice Requirements) of SECTION 2-B (Pricing Document) of the Master Contract shall be placed by Contract Vendor on all Quotes submitted to the State, except for content that is clearly unknown at this stage (e.g., customer PO number). In addition to any other information required by the Master Contract the subsequent invoice shall contain the final quantities, final pricing and the final term dates for subscription products and services. To the extent not already required by the Master Contract, Contract Vendor shall include the following on each Quote provided to the State: a. Product description including part number and license/product type (e.g., SaaS Subscription, Cloud Hosting Fee, Term License, Maintenance and Support, and Installation Services) in a format compatible with the Online Catalog; b. To the extent known and applicable, the start and end dates of subscription license terms, maintenance and support terms, etc. If dates are to be determined, for example for new subscriptions, it should be made clear that any dates are estimates pending issuance of a Purchase Order from the State. Indicate “none” or “not applicable” if the product is not sold on a subscription or fixed term basis; c. The cost to the Contractor, the percentage increase/markup applied, and the total cost to the State; d. Quote-specific contact name, email address and telephone number; e. Quote date, expiration date and quote number. If the quote is re-issued or modified at a later date, the new quote shall include the date of revision and/or a new number such that each quote can be uniquely referenced; f. A clear reference that the products and services in the quote are being quoted under the terms of this Participating Addendum (including the State’s contract number) and/or the State’s Contract Release that incorporates this Participating Addendum; g. When known, reference to applicable terms and conditions between the State and the Publisher; h. Notes as needed to clarify the terms of the offer, provided that such notes are not in conflict with the Contract or with an agreement between the State and the Publisher. 57. MULTI-YEAR QUOTES. In certain circumstances Contractor may issue a quote that spans multiple years. Such quote by itself does not bind the State to Product renewal and payment beyond the first year. If the State has entered into a written agreement with t he Software Publisher that binds the State to a term of more than one year, the State is not obligated to use DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 195312 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 20 of 26 the same Reseller for all years of the term unless the State agrees to such an obligation in a duly executed document. 58. LICENSING AND RELATED TERMS AND CONDITIONS. Contractor is prohibited from including web links or other references to a Software Publisher’s licensing, maintenance, support, hosting, or other terms and conditions on its quote documents or in attachments thereto unless (1) the reference is to a specific agreement that has been executed between the State and the Software Publisher, (2) the reference is to an agreement that Contractor has negotiated with the Software Publisher, Distributor and/or other party under the terms of the Master Agreement and that the State accepts in writing from a person with appropriate signature authority, or (3) is agreed upon by the State and Contractor. No Software Publisher or Contractor term or condition shall be constructed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. In accordance with Section 3.5 of SECTION 2-C of the Master Agreement, Contractor shall make reasonable efforts to advise Software Publishers that where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an “Electronic Ordering System”, the State will consider any such terms and conditions to be deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, the State will consider those terms and conditions will also be void. 59. PERFORMANCE Contractor agrees that, from and after the date that the applicable services commence, its performance of the Scope of Services will meet or exceed industry best practices subject to the limitations and in accordance with the provisions set forth in this Contract. If the Services provided pursuant to this Contract are changed, modified or enhanced (whether by Change Order or through the provision of new Services), The State and the Contractor will review the current performance experience and will in good faith determine whether such experience should be adjusted and whether additional services should be implemented or whether services be removed. The following requirements shall also apply: 1. Failure to Perform If Contractor fails to complete any deliverable, then Contractor shall: 1.1 Promptly perform a root-cause analysis to identify the cause of such failure; 1.2 Use commercially reasonable efforts to correct such failure and to begin meeting the requirements as promptly as practicable; 1.3 Provide the State with a report detailing the cause of, and procedure for correcting, such Master Agreement failure; and 1.4 If appropriate under the circumstances, take action to avoid such failure in the future. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 196313 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 21 of 26 2. Root-Cause Analysis In the event of the Contractor's failure to perform required services or meet agreed upon service levels or other Contractor service standards as required by the State under this Contract, the Contractor shall perform an analysis of the cause of the service level problem and implement remediation steps as appropriate. The State shall have the right to review the analysis and approve the remediation steps prior to or subsequent to their implementation, as deemed appropriate by the State, if the remediation steps impact State assets or operational processes. 60. COMPENSATION Should the Contractor fail to provide all required services or deliver work products, as agreed upon by State and the Contractor, the State shall be entitled to invoke applicable remedies, including but not limited to, withholding payment to the Contractor and declaring the Contractor in material breach of the Contract. If the Contractor is in any manner in default of any obligation or the Contractor’s work or performance is reasonably determined by the State to be defective, sub-standard, or if audit exceptions are identified, the State may, in addition to other available remedies, either adjust the amount of payment or withhold payment until satisfactory resolution of the default, defect, exception or sub-standard performance. The Contractor shall reimburse the State on demand, or the State may deduct from future payments, any amounts paid for work products or performance which are determined to be an audit exception, defective or sub- standard performance. The Contractor shall correct its mistakes or errors without additional cost to the State. Subject to applicable publisher specifications, the State shall be the sole determiner as to defective or sub-standard performance. The Contractor shall fulfill their contractual requirements including the Deliverables identified in the Statement of Work and fulfill the roles and responsibilities described in the Statement of Work for a firm fixed price, inclusive of travel and travel-related expenses. The fixed amount shall be inclusive of any fees for the use of any third party products or services required for use in the performance of this Contract 61. CONTRACTOR PERFORMANCE REPORTS Program management shall document Contractor performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Specialist for approval of the plan. 62. CONTRACT REVIEWS Contractor shall cooperate with the State and provide reports as required under Section 2.5.7 of SECTION 2-A of the Master Contract. Upon approval by the State’s Procurement Office, an individual State agency or CPV may make requests for similar reports and Contractor shall provide an equivalent report, specific to the purchases made by that agency or CPV. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 197314 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 22 of 26 63. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 198315 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 23 of 26 GENERAL INSURANCE REQUIREMENTS The Contractor/Contract Vendor (Contract Vendor) shall maintain insurance to cover claims which may arise from operations under this Contract, The Contract Vendor shall not commence work under the Contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. The Contract Vendor shall maintain such insurance in force and effect throughout the term of the Contract. All coverages and limits shall remain in force and effect throughout the term of the Contract. NOTICE TO THE CONTRACT VENDOR: The failure of the State of Minnesota to obtain a Certificate of Insurance, for the policies required under this Contract or renewals thereof, or failure of the insurance company to notify the State of the cancellation of policies required under this Contract shall not constitute a waiver by the Owner to the Contract Vendor to provide such insurance. The Owner reserves the right to immediately terminate the Contract if the Contract Vendor is not in compliance with the insurance requirements and the Owner retains all rights to pursue any legal remedies against the Contract Vendor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s authorized representative upon written request. NOTICE TO INSURER: The Contract Vendor’s insurance company(ies) waives its right to assert the immunity of the State as a defense to any claims made under said insurance. REQUIREMENTS FOR THE CONTRACT VENDOR: The Contract Vendor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contract Vendor’s performance under this Contract. If Contract Vendor receives a cancellation notice from an insurance carrier affording coverage herein, Contract Vendor agrees to notify the State of Minnesota within fifteen (15) business days with a copy of the cancellation notice, unless Contract Vendor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. The Contract Vendor is responsible for payment of Contract related insurance premiums and deductibles. If the Contract Vendor is self-insured, a Certificate of Self-Insurance must be attached. Insurance companies must either (1) have an AM Best rating of A- (minus) and a Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the MN Department of Commerce if they are not rated by AM Best. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 199316 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 24 of 26 The Contract Vendor’s Umbrella or Excess Liability insurance policy may be used to supplement the Contract Vendor’s policy limits to satisfy the full policy limits required by the Contract. POLICY REQUIREMENTS: 1. Workers’ Compensation Insurance: Statutory Compensation Coverage. Except as provided below, Contract Vendor must provide Workers’ Compensation insurance for all its employees and in case any work is subcontracted, Contract Vendor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Minimum limits of liability: Coverage B – Employer’s Liability $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident If Minn. Stat. § 176.041 exempts the Contract Vendor from Workers’ Compensation insurance or if the Contract Vendor has no employees in the State of Minnesota, the Contract Vendor must provide a written statement, signed by the authorized signer of the Contract, stating the qualifying exemption that excludes the Contract Vendor from MN Workers’ Compensation requirements. If during the course of the Contract the Contract Vendor becomes eligible for Workers’ Compensation, the Contract Vendor must comply with the Workers’ Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. Evidence of Subcontractor insurance shall be filed with the Contract Vendor. 2. Automobile Liability Insurance: The Contract Vendor shall maintain insurance to cover liability arising out of the ownership, operation, use or maintenance of all owned, hired and non-owned autos, and in case any work is subcontracted the Contract Vendor will require the subcontractor to maintain Automobile Liability insurance. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence – Bodily Injury and Property Damage Combined Single Limit B. Coverages: X Owned Automobile X Non-owned Automobile X Hired Automobile Evidence of Subcontractor insurance shall be filed with the Contract Vendor. 3. General Liability Insurance: DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 200317 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 25 of 26 The Contract Vendor shall maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contract Vendor or by a subcontractor or by anyone directly or indirectly employed by the Contract Vendor under the Contract. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence $2,000,000 - Annual Aggregate $2,000,000 - Annual Aggregate applying to Products/Completed Operations B. Coverages X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket Contractual X Products and Completed Operations X State of Minnesota named as an Additional Insured 4. Network Security and Privacy Liability Insurance (or equivalent): Contractor shall maintain insurance to cover claims which may arise from failure of Contractor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of confidential or private information, transmission of a computer virus or denial of service. Contractor is required to carry the following minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate 5. Professional/Technical, Errors and Omissions, including Network Security and Privacy Liability Insurance (or equivalent Network Security and Privacy Liability coverage endorsed on another form of liability coverage or written as a standalone policy): This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under the contract. Contractor is required to carry the following minimum limits: $2,000,000 – per claim or event $2,000,000 – annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the State. If the Contractor desires authority from the State to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the State can ascertain the ability of the Contractor to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three (3) years, DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 201318 NASPO ValuePoint PARTICIPATING ADDENDUM SOFTWARE VALUE ADDED RESELLER (SVAR) LED BY THE STATE OF ARIZONA Page 26 of 26 following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement. DocuSign Envelope ID: EA8ABDA1-D2D6-4F58-8B9B-6A51EAB2515ADocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 202319 NASPO VALUEPOINT SOFTWARE VALUE-ADDED RESELLER (SVAR) - Maximum Markup on Reseller's invoiced cost Pricing Model State of Minnesota Contract# CTR060028 Publisher Maximum Markup on Reseller's invoiced cost All publishers except Microsoft Tier I Publishers (Key Itemized Publishers) Adobe 4.00% CA Technologies 3.50% Cisco 4.50% Commvault 4.00% IBM 3.50% Red Hat 4.50% Splunk 4.50% Tableau 4.50% Veeam 4.00% VMWare 4.50% Tier II Publishers (Other Itemized Publishers) Autodesk 4.00% Barracuda Networks 3.00% BMC Software 4.50% Check Point Software 5.50% Cherwell 3.00% Citrix 5.50% Chatsworth Products (CPI)3.00% Crowdstrike 5.50% Dell 4.50% Delphix 3.00% Docusign 5.50% Dynatrace 4.50% Forcepoint 4.00% Fortinet 5.50% Google 5.00% Informatica 4.50% Ivanti 4.50% Knowbe4 4.50% Mcafee 4.50% Micro Focus 4.50% Mulesoft 3.00% Netmotion 4.50% Okta 4.50% Opentext 4.50% Progress Software 3.00% Proofpoint 5.50% Quest Software 4.50% DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 203320 Rapid7 4.50% RSA Security 4.00% Salesforce 5.50% SAP 4.50% Solarwinds 4.50% Sophos 5.00% Spillman 3.00% Symantec 4.50% Tenable 4.50% Trend Micro 4.50% Varonis 4.50% Veritas 4.50% Zoho 4.50% Non-itemized Publishers All other publishers 7.00% General Services (excluding Microsoft)Maximum Markup on Reseller's invoiced cost Publisher provided Services 21.00% Other 3rd party provided services 21.00% Other SHI provided services 21.00% Microsoft Offerings Maximum Markup on Reseller's invoiced cost Itemized Microsoft Offerings EMS E5 2.00% G1 2.00% G2 2.00% G3 2.00% G5 2.00% Govt E4 2.00% Advanced Threat Protection 2.00% Power BI 2.00% Exchange Online 2.00% Kiosk F3 Now 2.00% Dynamics 2.00% PowerApps 2.00% Project Online 2.00% Azure 3.00% All Other Microsoft Offerings SaaS 2.00% On-Premise 2.00% Resold In-scope Professional Services - Ongoing maintenance & support services not included in software license agreement 2.00% - Deployment services 2.00% - Architectural design services 2.00% - Training deployment services 2.00% DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 204321 All other resold in-scope professional services 2.00% Microsoft Services Maximum Markup on Reseller's invoiced cost Microsoft provided Services 21.00% Other 3rd party provided services 21.00% Other SHI provided services 21.00% Microsoft Premier Support Agreement 6.00% Reseller Services (General and Microsoft)Hourly Rate Asset Management $300.00 Solutions Architect $225.00 Senior Solutions Architect $250.00 Program Engagement Manager $125.00 Project Leader $125.00 Project Manager $125.00 Senior Project Manager $175.00 All Other In-Scope Reseller Services $300.00 DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 205322 NASPO VALUEPOINT SOFTWARE VALUE-ADDED RESELLER (SVAR) - Maximum Markup on Reseller's invoiced cost Pricing Model DocuSign Envelope ID: 927D4F09-954B-4BA8-BEE0-D710938D8046 206323