Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
08-22-2022 Agenda and Packet
A.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. A.1 2023 Preliminary Budget, Levy, and CIP Overview A.2 Valley Auto Salvage - Request for Expansion of Non-conforming use for Recycling A.3 Future Work Session Schedule B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS 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 July 11, 2022 D.2 Receive Planning Commission Meeting Minutes dated July 19, 2022 D.3 Receive Economic Development Commission Minutes dated July 12, 2022 D.4 Approve Claims Paid dated August 22, 2022 D.5 Adopt Updated Non-DOT Drug Testing and Drug Free Workplace Policy for City Employees to Incorporate the New THC Law AGENDA CHANHASSEN CITY COUNCIL MONDAY, AUGUST 22, 2022 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 D.6 Approve Temporary Modification of the Licensed Premises to serve Beer in the Chanhassen Brewing Company Parking Lot Area D.7 Terminate Contract between the City of Chanhassen and Hufcor, Inc. for the Chanhassen Recreation Center Community Room Wall Project D.8 Approve Revised Joint Powers Agreement between the City of Chanhassen and Independent School District 112 for the Chanhassen Recreation Center and Bluff Creek Elementary School D.9 Approve Contract for Annual Sanitary and Storm Sewer Televising D.10 Approve Agreement with Metropolitan Council Environmental Services for a Sewer Flow Meter D.11 Resolution 2022-XX: Approve Construction Materials Testing Agreement for Construction of the 2022 City Pavement Rehabilitation and 2022 Lake Lucy Road Rehabilitation Projects D.12 Resolution 2022-XX: Remove No Parking on Picha Drive D.13 Resolution 2022-XX: Authorize Design and Construction Administration Services Contract for 2022 Stormwater Pond Improvement Project 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.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE F.1 Monthly Fire Department Update F.2 Law Enforcement Update G.PUBLIC HEARINGS G.1 Approve On-Sale Beer & Wine Liquor License for Manaslu Group, LLC doing business as Thaliwala located at 7850 Market Boulevard H.GENERAL BUSINESS I.COUNCIL PRESENTATIONS J.ADMINISTRATIVE PRESENTATIONS K.CORRESPONDENCE DISCUSSION K.1 Letters from League of Minnesota Cities regarding Senator Julia Coleman L.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS 2 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.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. 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. 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 August 22, 2022 Item 2023 Preliminary Budget, Levy, and CIP Overview 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 Discussion Motion Type N/A Strategic Priority Financial Sustainability SUMMARY Staff will present an overview of the preliminary General Fund budget, maximum tax levy, and preliminary CIP for tax-supported funds for Council discussion and direction. At the July 11 Council work session, staff requested guidance for the 2023 budget preparation. When the 2022 budget was adopted it included a projection for the 2023 budget showing a 7.2% levy increase. The Council discussed the proposed COLA and other elements of the budget and requested staff work to lower the levy increase if possible. The Strategic Plan adopted by the Council in 2022 provides focus and direction for the development of the budget and allocation of resources. The City's strategic priorities are: Financial Sustainability Asset Management Development & Redevelopment Operational Excellence Communications 4 BACKGROUND Staff has met several times to review department budgets. The preliminary General Fund budget for 2023 is balanced, with both projected revenues and expenditures at $14,343,275. The budget includes wage increases for performance adjustments (steps) for those below the range maximum (in accordance with the compensation study) and a cost-of-living adjustment (COLA) of 2.5%. The City has not received renewal information for health insurance costs but has budgeted for a 15% increase. The projected levy for the General Fund is $10,749,000, up $554,254 (5.4%) from 2022. Staff will review the key reasons for the change at the workshop. The chart below shows the total 2022 levy and the 2023 projected levy: Fund 2022 Levy 2023 Projected $ Increase % Increase General $10,194,746 $10,749,000 $554,254 5.4% Pavement Management $900,000 $918,000 $18,000 2.0% Capital Facilities $125,000 $155,000 $30,000 24.0% Capital Fleet & Equipment Replacement $565,000 $615,000 $50,000 8.8% Transportation Infrastructure Management $394,490 $406,000 $11,510 2.9% Debt Levy $483,840 $482,000 ($1,840)-0.4% Total $12,663,076 $13,325,000 $661,924 5.2% American Rescue Plan The City has received payments totaling $2.88 million. A small portion of these funds have been committed to economic development and fire staffing initiatives. The Council has preliminarily reserved approximately $1.3 million to start the Lake Ann Preserve Project. An open house for the project is scheduled for September 27. All funds must be obligated by December 31, 2024, and expended by December 31, 2026. Major Initiatives The preliminary budget supports the following: Continued implementation of the Pay Plan adopted in 2021 A 2.5% COLA The addition of three Fire Captains to provide 24/7 staffing at Fire Station 1 The transition of Station 2 to a Ridgeview Ambulance base Continued support for newly launched Economic Development program CIP and Unfunded Items The Council is considering several needs and priorities in addition to current services. These include a potential Parks Referendum that is being considered with the help of the Referendum Task Force, and implementation and funding of the Facilities Study including the identified need for a new City Hall. Staff will present information on CIP requests for 2023-2027 for property tax supported funds at the workshop. There are several items that currently do not have an identified funding source, such as several park renovation projects. In 2022 the Council decided to use $250,000 in General Fund balance toward park renovation. The Council could consider a levy increase or use of fund balance towards this in 2023. 5 The City completed a comprehensive facilities study in 2022. A small amount for deferred maintenance is included in the preliminary budget but the facilities study recommendations are not currently funded. The Council is in the process of considering a new City Hall, a decision that will impact the deferred maintenance needs and priorities. Budget and Levy Calendar The Council will hold another budget workshop on September 12 to review the General Fund budget, maximum tax levy, and preliminary CIP. Council will consider adoption of the maximum tax levy at the regular council meeting later that night. The maximum tax levy must be adopted by September 30. Staff will continue to work on the proposed budget and CIP throughout the fall and additional work sessions will be held on October 24, November 14, and November 28 if needed. On December 5 the council will hold its Truth in Taxation meeting and adopt the final 2023 tax levy, budgets, and CIP. DISCUSSION The Council and staff will discuss further at the workshop. BUDGET RECOMMENDATION ATTACHMENTS 6 City Council Item August 22, 2022 Item Valley Auto Salvage - Request for Expansion of Non-conforming use for Recycling File No.N/A Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Bob Generous, Senior Planner Reviewed By Kate Aanenson SUGGESTED ACTION N/A - Discussion only and provide direction. Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY The property owner is requesting that the City provide them with direction regarding the use of the property. They are currently performing automobile salvage operations on the site as allowed under the existing nonconforming use. Before they expend the time and costs to upgrade, improve and expand the operation, they would like an indication of whether the City would approve the "expansion" of the operation to include the acceptance of additional metals for recycling including appliances, scrap metal, aluminum cans, electronics, etc. BACKGROUND Township of Chanhassen granted approval for the operation of a salvage yard on the property in 1958. On April 26, 1974, Valley Auto Parts was granted a Judgement by the District Court Fourth Judicial District to continue the nonconforming use of the property. 7 January 10, 2020, the property was forfeited to the State of Minnesota for failure to pay taxes. On May 10, 2020, Carver County approved the repurchase of the property by the property owner subject to the environmental clean-up of the property. The property owner spent 2020 and 2021 cleaning up environmental impacts on the property and removing vehicles from the site. The owner then continued the auto salvage operations. The property is shown within the floodway (AE Zone) of the Flood Insurance Rate Map. DISCUSSION The property owner would like to expand the operations of the salvage yard to include metal, electronics and appliance recycling. To do that, they would make improvements to the site including adding a screening fence, installing a paved driveway, delivery and parking surface, installing truck scales, preparing stormwater improvements, and constructing a building on the site. Prior to initiating the engineering work and architectural design, they would like to determine if the City would support such a project and allow the expansion of the use for recycling. The owner has the ability to continue the current auto salvage operations on the site subject to the stipulations in the District Court Judgement: furnishing an inventory of cars as of March 15th of each year, limiting the stacking of auto bodies on site, prohibiting the expansion of the operation onto adjacent properties, and screening the site through landscaping along CSAH 61. Expansion of the operations would require determination of the flood elevation on the property and potentially a revision to the flood map, approval of a conditional use permit for alterations within the floodplain and, possibly, outdoor storage, and site plan approval from the City. Additionally, the applicant would need permits from the Lower Minnesota Watershed District, Carver County, the Minnesota Pollution Control Agency, and the Federal Emergency Management Agency. The proposed expanded operation could provide a needed service for the City of Chanhassen as well as the surrounding areas of Carver County and southwestern Hennepin County. The closest similar facilities are at Dem-Con in Shakopee, Minnesota, which is a fully licensed waste facility. The proposed site improvements would improve the property aesthetically and create a safer environmental operation through the provision of hazardous material catch basins in conjunction with decontamination of vehicles, a hard surface directing surface water to stormwater infiltration basins, and less dirt being tracked off the site. Any expansion of the operation would need to be approved through a public hearing process, and the project would need to meet all requirements of City Code and other agency permitting and licensing regulations. BUDGET RECOMMENDATION Staff recommends that City Council discuss the potential expansion of the recycling operation of the site and provide direction for its future use. ATTACHMENTS 8 Flying Cloud Recycling Expansion, August 14, 2022 District Court Decision 285 Flying Cloud Dr Schematic Design Plans Version 5_12 FIRM Map Copy of Email Chain Regarding Licensing and Permitting for Potential Expansion 9 285 Flying Cloud – Chanhassen, MN Recycling Expansion Request To Whom It May Concern – In 1953 the City of Chanhassen recognized that the land located at 285 Flying Cloud Road was operating as an Auto Salvage Yard. In 1967 or so the Auto Salvage Yard was purchased by LaVerne Vassar (nickname Frenchie). While Frenchie had worked at the yard for years prior to purchasing it, it was evident that when Frenchie took over, his mode of operation was a concern to the City. In 1974 the City of Chanhassen issued Frenchie a Conditional Use Permit (CUP) which contained several guidelines that Frenchie was to follow. Well that did not work out very well either. As the years passed, Frenchie and the City developed a long history of the City trying to get Frenchie to keep the place clean and organized. Those days have now passed and a now a New Owner Operate has purchased the property. This particular Owner currently operates two Auto Recycling Centers in Minnesota. The Flying Cloud site is a great third location for them to expand into as it has been a staple in the Chanhassen community for nearly 70 years. Just about everyone that has anything to do with Auto Parts, Salvage or Recycling knows of Frenchie’s. Over the years Automobiles have changed and developed into the computer controlled self-driving vehicles of today from their merger start as all steel construction and simple gasoline engines. The Automobile Parts & Salvage and Recycling industry has had to change too. Today there are basically three operating models, all of which now have a recycling component to generate maximum income. The Three Models – 1) Traditional Auto Parts Yard – a. Purchasing vehicles b. Decontaminate (ie.. remove the fluids and chemicals) c. Pull the desired parts and place into inventory d. Place the remaining vehicle shell into the yard e. Eventually recycle the empty vehicle shell 2) U Pull Our Parts Yard - a. Purchase vehicles b. Decontaminate c. Place entire vehicle in yard d. Customers enter the Yard and pull the parts they want e. On a timed bases typical 90-120 days, the vehicles are pulled and sent to the recycler 10 3) Auto Recycling Centers – a. Purchase vehicles b. Decontaminate c. Immediately pull all the recyclable parts and sort into bins d. Pull all remaining copper wires e. Vehicle shells are sent to the Recycling center within weeks f. No Parts Sale, No Disassemble or Parts Inventory, no long term storage of vehicle shells The current CUP for the Flying Cloud site allows for Auto Salvage. The new Owner operates under the Auto Recycling Center model and has no interest in selling part or having a U Pull Our Parts Yard. Their business model recycles the metals from the vehicles. Given their operation is completely based of the recycling of the vehicle metals, they are requesting to be allowed to take in other metal materials to recycle. These materials could be from the local community and could include recycle appliances, backyard scrap, aluminum cans or so on. Materials could also come from local construction projects looking for a place to get paid for their scrap material. Given Carver County has been one of the fastest expanding counties in Minnesota this location would be a welcome addition as it would considerable cut down on the hauling times. This Salvage Yard in Chanhassen has been around for nearly 70 years and over the years it has been used as a recycling center, even though the previous owner did not to the greatest job in keeping it looking like a real business. The New Owner has spent nearly two years working on this site, from taking it through the Carver County foreclosure process to having it completely cleaned up to meet the City’s, Carver County’s and Minnesota Pollution Control Agency’s requirement to obtain a No Further Action Letter. Given the new Owner’s proven history, commitment to this site and the community, the request for expansion of the Conditional Use Permit to allow for a Metal Recycling seems reasonable and adds an additional business service that truly improves the available enmities for the area. Thank you for your time and consideration in this matter. Sincerely yours – C. Chanthakhammy Owner Operator – 285 Flying Cloud Rd. Chanhassen, MN 11 12 13 14 CHAIN-LINK FENCE(FLYING CLOUD DRIVE)(Public R ight of Way)GATE FOR FENCEN00°24'43"W 1474.10AREA = 257,854 SF. (5.91 AC)EAST LINE OF WEST HALF OF NE 1/4 OF SEC 36 SOUTHERLY BOUNDARY OF STATE TRUNK HIGHWAY 212165.00271.0S08°53'40"E4.68(N0°11'46"E DEED)(N72°54'12"E DEED)(N88°41'37"E DEED)COUNTY ROAD 61CENTER LINE OF STATE TRUNK HIGHWAY 212N00°24'43"W 1469.00 N89°35'17"E1367.90(N07°41'37"E DEED)593.06582.8214"BITUMINOUSGRAVELRETAINING WALLGRAVELGRAVELBITUMINOUSGAS TANKBILLBOARD SIGNCBRim=728.83Inv=726.23 NCBRim=728.86Inv= 725.89 N/SGRAVELBITUMINOUSN71°41'29"E414.77S01°37'00"E 396.45 (415.00 DEED) S02°31'00"E (S1°18'23"E) 712.30S87°29'00"W165.00N01°00'51"W 674.26S87°29'00"W351.80N82°22'24"E316.80N71°41'29"E19.85441.3441.3441.3S08°53'40"E41.76S71°41'04"W51.80S19°18'56"ES71°41'04"W55.55S06°23'23"E315.89N82°21'41"E79.95220.0055.19269.6(N83°35'01"E DEED)CONCRETEDATEISSUES / REVISIONSNO.DRAWNCHECKEDUSER: apawelk XREF(s): 20-028_22X34_X-GEN-TBLK.dwgSCALE: 1 DATE/TIME: May 11, 2022 - 3:02pmFILE: P:\2020\20-028 - 285 Flying Cloud Drive\CAD\DWG\XREF\20-028_X-SUR.dwg LAYOUT: Layout1LIC. NO.DATE:Paul A. Thorp13637I hereby certify that this plan, survey, specification orreport was prepared by me or under my direct supervisionand that I am a duly Licensed Land Surveyor under thelaws of the State of Minnesota.285 FLYING CLOUD DRCHASKA, MNHANSEN THORP PELLINEN OLSON,Inc.7510 Market Place Drive Eden Prairie, MN 55344952-829-0700 952-829-7806 faxEngineering SurveyingLandscape ArchitecturePROJECT NO.20-028.2SHEETOF3HORIZONTALFIELD104/08/2022SCHEMATIC DESIGN FOR OWNER REVIEWXX-XX-2022JMBPATJPB205/11/2022PRELIMINARY CITY SUBMITTALSECTIONPROPERTY BOUNDARYPROPERTY LINECHAIN-LINK FENCERETAINING WALLTELEPHONE LINEELECTRICAL LINESTORM SEWERCONCRETEPROPERTY DESCRIPTION:A tract of land in the West Half of the Northeast Quarter of Section 36, Township 116, Range 23, CarverCounty,Minnesota, described as follows:Commencing at the intersection of the East line of said West Half of Northeast Quarter and the southerlyboundary of State Highway No. 212., and running thence South along said East line a distance of 441.3feet; thence West at right angles to said East line a distance of 165.0 feet; thence North and to a pointlying on said Southerly boundary and a distance of 165 feet westerly of the point of beginning a distanceof 415.0 feet; thence Easterly along said Southerly boundary to the point of beginning. Containing 1.6acres of land, more or less.A tract of land in the West Half of the Northeast Quarter of Section 36, Township 116, Range 23, CarverCounty, Minnesota described as follows:Commencing at the intersection of the East line of said West Half of Northeast Quarter and the Southerlyboundary of State Highway No. 212, as now located; thence Westerly along the said Southerly boundarya distance of 165.0 feet to the actual point of beginning; thence continuing Westerly along saidSoutherly boundary a distance of 269.6 feet; thence deflecting South at an angle of 77 degrees 47minutes and a distance of 560.0 feet; thence East and at right angles to said East line a distance of351.8 feet to said East line; thence North along said East line a distance of 271.0 feet; thence West andat right angles to said East line a distance of 165.0 feet; thence North to the actual point of beginning adistance of 415 feet, more or less, said tract containing 3.6 acres. Together with a perpetual easementacross a five foot wide strip of land lying between the Westerly boundary of the above tract of land andthe creek presently existing on the premises of first parties {grantors in that certain deed dated January5, 1974, recorded on July 1, 1963 in Book 173 of Deeds, page 186-187 as Document No. 60265) for thepurposes of laying an underground tile or pipe line to be used in connection with any well that may beconstructed on said above described premises.EXCEPT a tract of land in the West Half of the Northeast Quarter of Section 36, Township 116, Range 23,Carver County, Minnesota described as follows:Beginning at the intersection of the East line of said West Half of the Northeast Quarter and thesoutherly right-of-way of State Highway Nos. 169 and 212, said right-of-way being 40.00 feetsoutheasterly of highway centerline; thence along said East line South 1 degree 18 minutes 23 secondsEast, 712.30 feet; thence at right angles to said East line South 88 degrees 41 minutes 37 seconds West,351.80 feet; thence North 7 degrees 41 minutes 04 seconds West, 4.68 feet; thence North 83 degrees35 minutes 01 seconds East, 316.80 feet; thence North 0 degrees 11 minutes 46 seconds East, 674.26feet to the highway right-of way; thence along said highway right-of-way North 72 degrees 54 minutes12 seconds East, 19.85 feet to the Point of Beginning, containing 0.60 acres, more or less.ALSO That part of the West Half of the Northeast Quarter of Section 36, Township 116, Range 23, CarverCounty, Minnesota described as follows:Commencing at the intersection of the east line of said West Half Northeast Quarter and the southerlyright of way of State Highway Nos. 169 and 212, said right of way being forty feet southeasterly ofhighway centerline; thence along said highway right-of-way South 72 degrees 54 minutes 12 secondsWest, 434.60 feet to the Point of Beginning; thence South 7 degrees 41 minutes 04 seconds East,593.06 feet; thence South 83 degrees 35 minutes 01 seconds West. 79.95 feet; thence North 5 degrees10 minutes 40 seconds West, 582.82 feet to the highway right-of-way; thence along said highwayright-of-way North 72 degrees 54 minutes 12 seconds East, 55.19 feet to the point of Beginning: Exceptthat part deeded to the Minnesota Department of Transportation in a Warranty Deed, dated May 7, 1980,in Deed book 155, page 483, of the records of Carver County; containing 0.71 acre, more or less.1.BEARINGS ARE BASED ON THE CARVER COUNTY COORDINATE SYSTEM (NAD83-86 ADJ).2.THIS SURVEY WAS PREPARED FOR THE PURPOSE OF SHOWING EXISTING CONDITIONS FOR SITEIMPROVEMENTS.3.ELEVATIONS ARE BASED ON MN/DOT GEODETIC STATION DISC CS 03 MN019, WHICH HAS ANELEVATION OF 729.41 FEET.4.THE GROSS LAND AREA OF THE PROPERTY IS 257,854 +/- SQUARE FEET OR 5.9195 +/- ACRES.General Survey Notes:LINETYPE LEGEND Not to ScaleVICINITY MAPSITEEXISTING CONDITIONS SURVEYSIGNTRANSFORMERCATCH BASINFOUND IRON MONUMENTDECIDUOUS TREESCALE IN FEET050100150115 (FLYING CLOUD DRIVE)(Public Right of Way)COUNTY ROAD 6114" CB Rim=728.83 Inv=726.23 N CB Rim=728.86 Inv= 725.89 N/S 139' TRUCK SCALE (OUTGOING) TRUCK SCALE (INCOMING) WB-67 SEMI-TRACTOR TRAILER TURNING MOVEMENT 36'CITY OF CHANHASSEN STANDARD INDUSTRIAL CONCRETE DRIVEWAY APRON R 3 0 ' EXISTING CONCRETE PADS TO BE REMOVED 30' EXISTING RETAINING WALL TO BE REMOVED 164' 1 1 6 ' END 6" CURB BEGIN 6" CURB 9'x18' PARKING STALL (x8) 195'20'20'FUTURE BUILDING EXPANSION (+7,720 SF) PROPOSED BUILDING (2,280 SF)100'100'38' 60'108'R 2 5 'R25'R25'142.6'R100'301' SCALE IN FEET 0 20 40 60 PRELIMINARY - NOT FOR CONSTRUCTION CALL BEFORE YOU DIG ! MINNESOTA LAW REQUIRES EXCAVATORS TO NOTIFY THE REGIONAL NOTIFICATION CENTER AT LEAST TWO (2) BUSINESS DAYS BUT NOT MORE THAN FOURTEEN (14) CALENDAR DAYS PRIOR TO EXCAVATION GOPHER STATE ONE CALL www.gopherstateonecall.org 1-800-252-1166 Minnesota SCHEMATIC SITE PLAN 2 DATE ISSUES / REVISIONSNO.DRAWN CHECKED USER: apawelk XREF(s): 20-028_22X34_X-GEN-TBLK.dwg 20-028_X-SUR.dwg 20-028_X-CIV-VEHICLE TRACKING.dwg 20-028_X-CIV-SITE.dwgSCALE: 0 DATE/TIME: May 11, 2022 - 3:02pmFILE: P:\2020\20-028 - 285 Flying Cloud Drive\CAD\DWG\PLANSHEETS\CIVIL\20-028_CIV-SITE.dwg LAYOUT: 001LIC. NO.DATE: 285 FLYING CLOUD DR CHASKA, MN HANSEN T HORP PELLINEN OLSON,Inc. 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax Engineering Surveying Landscape Architecture PROJECT NO.20-028.2 SHEET OF 3 HORIZONTALI 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. ADAM PAWELK 49990 XX-XX-2022 AN AN AMP DESIGN 1 04/08/2022 SCHEMATIC DESIGN FOR OWNER REVIEW AN AN AMP205/11/2022 PRELIMINARY CITY SUBMITTAL SITE DATA PROPERTY AREA: 257,854 SF (5.92 AC) PROPOSED BUILDING AREA: 10,000 SF (TOTAL BUILD) PROPOSED PAVEMENT AREA: 62,553 SF TOTAL PROPOSED IMPERVIOUS AREA: 72,553 SF (1.67 AC) PROPOSED IMPERVIOUS COVERAGE: 28.1% *PROPERTY LIES WITHIN THE MINNESOTA RIVER "FLOODWAY" ZONE PER FEMA MAPPING 16 (FLYING CLOUD DRIVE)(Public Right of Way)COUNTY ROAD 6114" CB Rim=728.83 Inv=726.23 N CB Rim=728.86 Inv= 725.89 N/S PROPOSED BUILDING FFE=729.50 728722729729730728 728729723726 724 725 723 716 717 719718 721 720 719 718 717 724727 71 5731730 72 7731 717 719 718 D15" RCP STORM 15" RCP STORM 12" RCP STORM INFILTRATION BASIN (INCLUDES 1.5' DEPTH OF ROOTZONE MIX, ASSUMES UNDERLYING SANDY SOILS) 15" RCP STORM STMH W/ SUMP SCALE IN FEET 0 20 40 60 PRELIMINARY - NOT FOR CONSTRUCTION CALL BEFORE YOU DIG ! MINNESOTA LAW REQUIRES EXCAVATORS TO NOTIFY THE REGIONAL NOTIFICATION CENTER AT LEAST TWO (2) BUSINESS DAYS BUT NOT MORE THAN FOURTEEN (14) CALENDAR DAYS PRIOR TO EXCAVATION GOPHER STATE ONE CALL www.gopherstateonecall.org 1-800-252-1166 Minnesota SCHEMATIC GRADING & DRAINAGE PLAN 3 DATE ISSUES / REVISIONSNO.DRAWN CHECKED USER: apawelk XREF(s): 20-028_22X34_X-GEN-TBLK.dwg 20-028_X-SUR.dwg 20-028_X-CIV-SITE.dwg 20-028_X-CIV-GRAD.dwgSCALE: 0 DATE/TIME: May 11, 2022 - 5:07pmFILE: P:\2020\20-028 - 285 Flying Cloud Drive\CAD\DWG\PLANSHEETS\CIVIL\20-028_CIV-GRAD.dwg LAYOUT: 001LIC. NO.DATE: 285 FLYING CLOUD DR CHASKA, MN HANSEN THORP PELLINEN OLSON,Inc. 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax Engineering Surveying Landscape Architecture PROJECT NO.20-028.2 SHEET OF 3 HORIZONTALI 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. ADAM PAWELK 49990 XX-XX-2022 AN AN AMP DESIGN 1 04/08/2022 SCHEMATIC DESIGN FOR OWNER REVIEW AN AN AMP205/11/2022 PRELIMINARY CITY SUBMITTAL LEGEND - PROPOSED CONTOUR STORM SEWER STORM MANHOLE CATCH BASIN FLARED END SECTION RIPRAP 838 D 17 FIRM Map 18 C. Chanthakhammy, The continuing non-conforming use is limited to auto salvage operations.The potential use expansion (recycling facility: scrap collection, appliance collection and e-waste collection) is not permitted by City Code and would require Chanhassen City Council approval of an expansion of the non-conformity. Permitted uses of the property are found in Chapter 20, Article X of the Chanhassen City Code, A-2, Agricultural Estate District.https://chanhassen.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_ 20-X_%22A-2%22_AGRICULTURAL_ESTATE_DISTRICT Please note that determination of the flood elevation on the property is required prior to any improvements or alterations. If you have any questions or need additional information, please contact me. Robert Generous, AICP Senior Planner CITY OF CHANHASSEN PH.952.227.1131 FX.952.227.1110 www.ci.chanhassen.mn.us From:Michael Mrotz <mmrotz@co.carver.mn.us> Sent:Tuesday, August 9, 2022 10:14 AM To:importparts31@live.com Cc:Generous, Bob <bgenerous@chanhassenmn.gov>; naiadconsulting@gmail.com; della@youngecg.com Subject:Former Statewide Auto Salvage Site Mike Dear C. Chanthakhammy, I am writing to follow-up on our discussion from 7/22/2022. My goal is to very generally touch on the environmental regulations that you will need to address prior to opening a recycling facility. I have included contact names and resources when possible. To my knowledge, this list covers the required environmental regulations, but there may be other regulations that come into play as your project develops. 19 When we spoke, you indicated that your intention for the former Statewide Auto Salvage site, parcel 250363000, is to open a recycling facility that serves the public. This facility would accept scrap metal, appliances, and automobiles from residents. The intent is to have some light processing on site, draining fluids from automobiles, and metal sheer for sizing metal prior to shipment. Based on our conversation, the site is currently being used to stage vehicles that are destined for salvage. At this time, there is no dismantling or processing of vehicles at this location. The automobiles are parked on location and once a full load is collected, they are placed onto a flatbed trailer for transport to a salvage facility. Below are the environmental regulations I have Identified: Due to this parcel being in close proximity to the MN River, installation of a non- pervious surface (such as concrete pad, gravel parking lot, or a building) may trigger the requirement for a stormwater permit. This permit would be issued by the Lower MN River Watershed District. Contact information for Lower MN River Watershed District staff is below. Please connect with Linda or Della about your plans for the site to determine if a Stormwater Permit is required. Administrator Linda Loomis Phone: 763-545-4659 Email: naiadconsulting@gmail.com Engineer Young Environmental Consulting Group, LLC Contact: Della Schall Young Phone: 651-249-6974 Email: della@youngecg.com Processing of appliances and/or automobiles (dismantling and draining fluids) will require the site to have a Hazardous Waste Generator License and a Hazardous Waste ID#. The Hazardous Waste Generator License is issued by Carver County, contact information and licensing link below. Microsoft Word - HWLicenseApplication.doc (carver.mn.us) Michael Mrotz Phone: 952-361-1809 e-mail: mmrotz@co.carver.mn.us MPCA issues the Hazardous Waste ID#s, see link below for instructions. Obtain a Hazardous Waste Identification Number (state.mn.us) 20 Electronic Waste Collection will trigger the need to register with the MPCA as an E- Waste Collector complete annual reporting to MPCA. This registration can be completed through MPCA’s e-services portal, see links below. Electronics recycling collectors | Minnesota Pollution Control Agency (state.mn.us) Managing Electronic Waste (state.mn.us) Auto salvage, scrap collection, and/or appliance collection and e-waste collection will require an Industrial Stormwater Permit. This permit is a federal requirement but the permit issued and administered by MPCA. The link below has information about the MPCA Industrial Stormwater Permit program. This program is different from the Lower MN Watershed District permit listed above. Industrial stormwater | Minnesota Pollution Control Agency (state.mn.us) Please continue to work with the City of Chanhassen to ensure proper building/site improvement plans and permits are in place, and that you are operating within the existing Non-Conforming Use Permit previously issued by the City of Chanhassen. I believe the existing use permit only allows for auto salvage at this site. Collecting additional materials from the public may require additional review by the City of Chanhassen. Bob Generous is copied on this e-mail, and he can help you in this regard. Carver County ordinance requires that you follow applicable State regulations. Carver County will issue the Hazardous Waste Generator License. For all other licenses, registrations and permits you will need to work directly with each listed agency. Lastly, below I have included links to MPCA fact sheets covering some of these topics. These are more general information but they may be helpful. Vehicle Dismantling and Salvage (state.mn.us) Appliance Recycling - Requirements for recyclers (state.mn.us) Managing Electronic Waste (state.mn.us) Identifying, Using and Managing PCBs (state.mn.us) Please let me know if you have questions. I am happy to help in any way I can. Thank you, Michael Mrotz | Senior Environmentalist | Public Services Division | Department of Environmental Services Carver County Courthouse | 600 4th Street East | Chaska, Minnesota | 55318-2102 | 952.361.1809 | mmrotz@co.carver.mn.us 21 City Council Item August 22, 2022 Item Future Work Session Schedule File No.Item No: A.3 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City Council is tentatively scheduled to hold the following work sessions: September 12, 2022 1. Preliminary Levy Discussion September 26, 2022 1. Fire Department Open House, 6-7 p.m. October 10, 2022 October 24, 2022 22 1. General Fund & Property Supported Funds Discussion November 14, 2022 1. CIP, Debt & Utility Rate Study Discussion BACKGROUND Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting agenda is published. Work sessions are typically held at 5:30 pm on the second and fourth Monday of each month in conjunction with the regular City Council meeting, but may be scheduled for other times as needed. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 23 City Council Item August 22, 2022 Item Approve City Council Minutes dated July 11, 2022 File No.Item No: D.1 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated July 11, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS City Council Regular Meeting Minutes dated August 8, 2022 24 City Council Work Session Minutes dated August 8, 2022 25 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES AUGUST 8, 2022 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert. COUNCIL MEMBERS ABSENT:Councilman McDonald. STAFF PRESENT:Laurie Hokkanen, City Manager; Charlie Howley, City Engineer/Public Works Director; Kate Aanenson, Community Development Director; Ari Lyksett, Communications Manager; MacKenzie Young-Walters, Associate Planner; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Don McDonald, 2025 Clover Court PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Campion moved, Councilwoman Rehm seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated July 11, 2022 2. Receive Planning Commission Meeting Minutes dated June 21, 2022 3. Receive Economic Development Commission Minutes dated June 14, 2022 4. Receive Environmental Commission Minutes dated June 8, 2022 5. Approve Claims Paid dated August 8, 2022 6. Reappoint Youth Commissioners to the Park & Recreation Commission and Environmental Commission 7. Authorize Execution of Operations and Maintenance Agreement for the 7851 Park Drive Property 8. Authorize Execution of Two Separate Stormwater Operations and Maintenance Agreements for the Cunningham 2nd Addition Subdivision 26 City Council Minutes – August 8, 2022 2 9. Approve Consultant Agreement for Geotechnical Investigation Services for the Galpin Boulevard Reconstruction and the Crimson Bay Road Reconstruction Projects 10.Resolution 2022-63: Accept Public Streets and Utilities Improvements in Foxwood, City Project No. 2016-07 11.Resolution 2022-64:Award Contract for the Lake Susan Trail Rehabilitation Project 12.Ordinance 694:Amendment Concerning Improvements and Encroachments in Public Easements All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS 1. Don McDonald Citizen Action Request Don McDonald asked the City Council to consider an ordinance to restrict the feeding of wildlife. In his neighborhood there is a person who likes to throw food on the ground and they have deer, turkeys, raccoons, geese, and some people have mice in their homes which they believe is due to the food on the ground. He checked surrounding cities’ ordinances and noted Mound had a good one which he submitted to the City while standing at the podium. Mayor Ryan thanked Mr. McDonald and noted he would hear back from City Staff or City Council on next steps. Mr. McDonald noted, especially in the spring, it is not healthy with the geese as they spread stuff on sidewalks, driveways, and grass in the neighborhood. PUBLIC HEARING:None. GENERAL BUSINESS: None. COUNCIL PRESENTATIONS. Mayor Ryan thanked the deputies, fire department, and all neighbors for braving the hot weather on Night to Unite. She thanked all the neighborhoods that registered as well as the Carver County Sherriff’s Office and the Fire Department for connecting with residents that evening. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. 1. 2022 Building Permit Activity 27 City Council Minutes – August 8, 2022 3 2. Mediacom Programming Changes Letter 07-19-2022 Mayor Ryan reminded the Council Members that they would head back to the Fountain Room to continue the Work Session discussion after adjournment. Councilwoman Schubert moved, Councilwoman Rehm seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:06 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 28 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES AUGUST 8, 2022 COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilman Campion, Councilwoman Rehm, and Councilwoman Schubert. COUNCIL MEMBERS ABSENT:Councilman McDonald. STAFF PRESENT: Laurie Hokkanen, City Manager; Charlie Howley, City Engineer/Public Works Director; Erik Henricksen, Project Engineer; George Bender, Assistant City Engineer; Charlie Burke, Operations Manager; Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Stacy Osen, Engineering Support Specialist; Ari Lyksett, Communications Manager; MacKenzie Young-Walters, Associate Planner; and Kim Meuwissen, City Clerk. PUBLIC PRESENT:None. Mayor Ryan called the Work Session to order at 5:30 p.m. TRAFFIC SAFETY COMMITTEE (TSC) PRESENTATION Project Engineer Erik Henricksen provided an overview of the Traffic Safety Committee (TSC) presentation, including introducing committee members, providing a recap of the past year’s cases, reviewing the crosswalk policy, and answering questions. Meetings are held monthly from 1:30-3:00 pm. Mr. Henricksen provided an annual review of the cases received from August 2021 through July 2022. There were a total of 65 cases, 50 of which were closed after TSC evaluation. The remaining 15 cases are still open because they are either linked to a capital improvement project or pending a policy, i.e. the Crosswalk Policy. The most frequent cases were crosswalks and pedestrians (30%), signage (29%), speeding (26%), and other concerns (15%). Case impacts prompted the development of the City’s first crosswalk policy, promoting the SeeClickFix request function on the City’s website, “Slow Down, Please” educational campaign regarding speeding, signage assessments, and speed trailer deployment. Mr. Henricksen provided a status update of the Crosswalk Policy currently being developed by the TSC. The Crosswalk Policy must provide enhancement to overall safety, establish a consistent and effective methodology for evaluating if improvements are warranted (Local guidelines-MN MUTCD, Federal guidelines-FHWA, sound engineering practice and judgement- studies and industry best practices, and meet the needs and mission of Chanhassen), and establish the appropriate counter measures to install when improvements are warranted (markings and signage, geometric improvements, RRFB, HAWK beacons, grade-separated crossing). The Crosswalk Policy is nearly complete and will be presented for City Council evaluation and approval on an upcoming agenda. 29 City Council Work Session Minutes – August 8, 2022 2 Mayor Ryan thanked the TSC members for being a part of the committee and providing a great presentation, tying it to the City’s strategic priorities. Councilman Campion asked if there was a case where a stop sign was requested and then installed. Mr. Henricksen responded that there have been stop signs requested in order to reduce speed; however, stop signs are not warranted for speed control. The TSC reviews this type of case from all angles and performs an evaluation; however, education is promoted and other options are explored, such as the educational campaign. In summary, the TSC has not installed any stop signs for speed control. Councilman Campion asked about neighborhood requests to install permanent speed limit display signs and who pays for it. Assistant City Engineer George Bender noted that Minnetonka Middle School West installed a speed sign at their entrance on Highway 41. Operations Manager Charlie Burke confirmed that a sign was installed within the road right-of-way in the Longacres neighborhood and was paid for and is maintained by the Homeowners Association. Public Works Director/City Engineer Charlie Howley added that an encroachment agreement is required when any private improvement is installed in public right-of-way. Mr. Burke also referenced the crosswalk at IWCO and Powers Boulevard and that it was privately installed. Mr. Henricksen added that the TSC has not received any requests for these types of private improvements. Councilwoman Rehm asked about educational campaigns in response to requests to lower speed (20 mph) in neighborhoods. Mr. Henricksen responded that neighborhood educational postcard campaigns are recommended for these types of requests. Mr. Howley added that we cannot just lower a speed limit if someone asks as that type of request needs evaluation and formal council approval. Staff needs council direction on any request for speed limit reduction; however, consistency must be maintained. Councilwoman Rehm asked if the postcard campaign helped reduce neighborhood speeds. Mr. Henricksen responded that there was no neighborhood feedback. Mr. Bender added that committee members were not receiving any feedback. There are also residents who do not want speeds reduced but we typically don’t hear from them. When speed studies have been conducted the data returned resoundingly indicates that the speed limit is within the 85th percentile, where typical drivers are driving within the 25-30 mph range. Councilwoman Schubert asked if speed reduction requests were higher from neighborhoods without sidewalks. Mr. Bender mentioned the only neighborhood without sidewalks that he has heard from is Timberwood Estates. Councilwoman Rehm added that 20 mph is pretty slow and is curious if there are any studies on this topic. Mr. Howley responded that there currently are not enough metrics to show any data but should become available within the next five years. Mr. Burke added that Pleasant View Road is the only street in Chanhassen signed at 25 mph but there are still a lot of challenges related to speeding. Mr. Bender added that all states adjoining Minnesota all have 25 mph speed limits. Councilwoman Rehm asked about installing a crosswalk on Kerber Boulevard at the Byerly’s entrance across from the Library. Mr. Henricksen responded that there is an improved intersection within 500 feet from the crossing that meets the warrants with a traffic signal and a push button for walkers. Mr. Howley mentioned it could be updated with the possible addition of a new Civic Campus. Councilwoman Schubert asked how we handle requests on County and State roads. Mr. Henricksen replied that the City can’t make any improvements on these roadways but can advocate the County and State for an improvement if it is warranted. Councilwoman Schubert asked about the Lyman Boulevard and Audubon Boulevard north intersection being upgraded with signals or a roundabout instead of a stop sign. Mr. Henricksen responded that this is an intersection of two County roads. Mr. Bender added that the Avienda development has not been flagged by the County for further impacts; however, 30 City Council Work Session Minutes – August 8, 2022 3 we will notify the County of these concerns. Mayor Ryan asked what happens when residents are not satisfied with the results/response to their request. Mr. Henricksen stated that the TSC continually evaluates reoccurring requests. The best option is to provide education on how a decision/solution was made. Mayor Ryan asked how many cases received by the TSC have constituted a change or fulfilled their request. Mr. Henricksen responded that is something that could be provided. Mr. Howley added that we currently don’t garner or receive feedback on requests. Mayor Ryan would like to know if any solutions created a change or impact. Mr. Henricksen stated they adhere to best practices and promoting safety when it comes to specialty sign requests. The TSC is not the end all and requests can be appealed to the City Council. Mr. Howley added that we haven’t had a case that has escalated to the that level. Councilman Campion asked about the Great Plains Boulevard intersection at West 79 th Street. Mr. Howley responded that a meeting was held two weeks ago to review this intersection to create a quick and inexpensive interim solution and that Mr. Henricksen is working on drawing something up. Mayor Ryan thanked the TSC on their progress and communication. DISCUSS REGULATION AND LICENSING SHORT-TERM RENTALS Associate Planner MacKenzie Young-Walters presented this item. A meeting was held with a vendor who offers software to assist with the regulation of short-term rentals and they provided data on current short-term rentals in the City. As of July 29, the data showed there were 37 active short-term rental units in the City. Staff suspects some of these properties may have been listed once just for the Ryder Cup and that the owner never removed the listing. The average rental price was $468 per night, 85% were entire single-family homes and 15% were multi-family properties (condos/townhomes). Of the single-family homes, 95% are entire-home rentals. If there are actually 37 rental units in the City, the cost would be revenue neutral. The benefit of using the vendor is they have a program that identifies these units which would allow the City to proactively reach out before any problems arise. They also provide a 24-hour hotline where complaints can be logged and responded to. The other option would be in-house licensing and enforcement which would put us in a more reactive posture. We would receive complaints, contact the owner to follow up, and work through the citation and court process for compliance. After-hours noise complaints would be handled by the Sheriff’s Deputies. Mr. Walters provided pros and cons for processing internally, which is the lowest cost option. Community Development Director Kate Aanenson added that the City receives very few complaints. The biggest con for internal processing would be difficulties with after-hours enforcement. Also, the City cannot proactively identify rental properties, whereas, an outside vendor would provide a contact list for every rental property in the City. Mr. Young-Walters also surveyed peer cities as shown in the staff report for this item. Councilwoman Schubert asked if there were less than 37 properties, what would the annual cost be to go through the third party. Mr. Young-Walters responded that it would depend on what modules we choose. If we went with address identification and the hotline, $3,100 was the lowest fee. Ms. Aanenson restated that it is highly probable that the number of rental properties may be less than 37. Mayor Ryan’s concern is that doing nothing is not a responsible solution. Ms. Hokkanen added we could adopt an ordinance to require the licensing internally and add the software at a later date. The ordinance would require short-term rental licensing and implement 31 City Council Work Session Minutes – August 8, 2022 4 performance standards and a three-strikes policy. Mayor Ryan asked about the licensing fees in comparison with other communities. Mr. Young-Walters responded that fees were all over the place. The vendor’s standard is one night’s rental fee. Councilman Campion thinks we should do something, and that the vendor cost seems reasonable as opposed to internal review, processing and enforcement. Councilwoman Rehm agreed and would like something that is sustainable and not add additional future work for Staff. Councilwoman Schubert also agreed that we should move forward with using a vendor. Ms. Hokkanen suggested the license fee be set at the higher end. Following Council discussion, Mayor Ryan asked staff to go ahead and move forward with an ordinance. Ms. Aanenson responded that they would put the ordinance on an upcoming Planning Commission agenda. Mayor Ryan recessed the Work Session at 6:52 p.m. Mayor Ryan resumed the Work Session at 7:10 p.m TETRHYDROCANNABINOL (THC) LAW DISCUSSION Ms. Hokkanen introduced this item for discussion but said the City Council may direct staff to take future action. At this time, there are no answers to most questions. There are three options the Council could consider: Institute up to a 12-month moratorium to stop sales at new outlets until the City takes a zoning-related action. This will only stop sales at new outlets but not apply to the three tobacco shops in Chanhassen that already carry the product. The moratorium would apply only to any other retailers who wish to sell the product. Create a licensing program. Currently the City does not license tobacco; Carver County Public Health is the licensing agent in Carver County. Many cities are viewing tobacco licensing as a parallel and trying to use a similar process and inspection methods. Ms. Hokkanen spoke with the Carver County Sheriff’s Office (CCSO) and the County Administrator and they are in a wait-and-see mode and currently not planning to do anything. The third option is to wait and see. The Legislature may provide additional clarification, however, the timing is unknown. Mayor Ryan mentioned that there is controversy among municipalities in deciding their approach. She spoke with the Sheriff and Carver County is choosing to wait and see. The CCSO would be willing to provide enforcement if we decided to create a licensing program. Councilwoman Rehm asked for clarification as to why there is controversy among municipalities to institute a moratorium. Ms. Hokkanen responded that there is a lack of clarity on if this meets the intended purpose and authority of what a moratorium is for. Also, what is the point of a moratorium if there are outlets already selling product. Ms. Hokkanen referenced the publication provided by the League of Minnesota Cities (LMC) attached to the staff report for this item and that the City Attorney’s office does not agree with every interpretation made by the LMC. The genesis of this bill was that the Delta 8 gummies (a different strain of THC) was completely unregulated through the 2018/2019 farm bill. As a result, they were trying to reduce the dosages of these gummies. Councilman Campion suggested that the Council do nothing and wait for 32 City Council Work Session Minutes – August 8, 2022 5 some clarity. Councilwoman Schubert would also prefer to wait and see. Councilwoman Rehm is okay with waiting as there is too much unknown at this time. Councilman Campion said if our neighboring cities haven’t instituted a moratorium, there is no reason why Chanhassen should. Ms. Hokkanen responded that the City of Prior Lake has. Councilwoman Schubert asked if law enforcement would be conducting compliance checks. Ms. Hokkanen responded that the CCSO does not routinely conduct THC compliance checks but will perform compliance checks if we request it. DISCUSS ELIMINATING SOLICITOR LICENSING Ms. Aanenson reviewed the abandonment trial process conducted by City Staff for determining the need to continue licensing solicitors. The current licensing process was reviewed to determine if it was still relevant. Currently, the City performs background checks and processing these can be timely. Out-of-state background checks are very limited. Additionally, staff needs to photograph each solicitor and create individual badges. There are also enforcement limitations. The outcome of the abandonment trial was to remove licensing requirements as they are no longer valid and are labor intensive for staff. The alternative would be to provide a public education campaign and provide residents with No Solicitor window clings. Ms. Aanenson completed her presentation and asked for Council direction. Councilwoman Schubert observes solicitor complaints on NextDoor and has concerns how residents would react if solicitor licensing were eliminated since residents seem to be aware that solicitors are required to wear a city-issued identification badge. Ms. Hokkanen responded that this is one of the reasons we want to eliminate solicitor licensing because not every solicitor is required to be licensed by the City i.e., charitable, religious, and non-profit or political organizations. Ms. Aanenson reiterated that we want to provide a resident education campaign regarding solicitors. Councilwoman Rehm thinks people will not like it if they take away solicitor licensing and asked if an education campaign or maybe a FlashVote be done first. People like the perception that the City is taking care of solicitors. Ms. Hokkanen’s concern is that this provides a false sense of protection for residents. Councilman Campion stated that he was indifferent and that there were valid points on both sides. Councilwoman Schubert liked the idea of communicating to and re-educating the residents on the process before abandonment. Mayor Ryan was not in favor of eliminating solicitor licensing and believes that it provides residents some sense of security. Councilwoman Rehm is comforted if a solicitor comes to her door wearing a city badge and knows the City is aware that they are out in the community. Licensing aside, Ms. Aanenson asked if Council would still like staff to consider an education campaign. Council concurred. Mayor Ryan said we could provide education and reconsider abandoning solicitor licensing at a later date. CITY COUNCIL ROUNDTABLE Councilwoman Schubert asked about panhandlers. Ms. Hokkanen responded that panhandlers are protected by the constitution and the City is extremely limited in its ability to address panhandling complaints. If panhandlers are not blocking the roadway or causing some other hazard there is nothing that can legally be done to prevent panhandling activity. The US Supreme Court has ruled that panhandling is protected under the first amendment’s protection of speech. 33 City Council Work Session Minutes – August 8, 2022 6 The City could provide this information on the website and social media outlets to educate the public. Mayor Ryan suggested that communication and education be provided to public. Councilman Campion suggested that maybe law enforcement could hand out pamphlets to panhandlers with alternative resources and available services. Mayor Ryan asked Council about pursuing lowering of the speed limit from 30 mph to 25 mph? Councilman Campion thought it would be good FlashVote option. Councilwoman Rehm wanted to know if Victoria’s speed limit changes have made any impact. All agreed lowering the speed limit should be addressed at a future work session. Ms. Hokkanen reviewed upcoming dates: Civic Campus Design Workshop is scheduled for Tuesday, September 13. All City Council and Commission members will be invited. Lake Ann Park Preserve Master Plan Open House: Tuesday, September 27 hosted by the Park & Recreation Commission. Avienda Neighborhood Meeting with Developer: Thursday, August 11. Mayor Ryan asked if there was about the attendance at the Galpin Boulevard open house. Mr. Howley reported that there were 46 attendees at the two-hour open house. Everybody got to speak and engaged staff the entire time. Ms. Hokkanen showed Council the Galpin Boulevard web page feedback feature provided by WSB. Mr. Howley said construction will start this year and the project will most likely take two years to complete as the timeline is driven by private utility locations. FUTURE WORK SESSION SCHEDULE August 22:2023 Budget Overview and Initial CIP Discussion September 12: Preliminary Levy Discussion October 24:General Fund & Property Supported Funds Discussion November 14: CIP, Debt & Utility Rate Study Discussion The work session adjourned at 8:01 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 34 City Council Item August 22, 2022 Item Receive Planning Commission Meeting Minutes dated July 19, 2022 File No.Item No: D.2 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Planning Commission meeting minutes dated July 19, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 35 Planning Commission Minutes dated July 19, 2022 36 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JULY 19, 2022 CALL TO ORDER: Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark von Oven, Erik Johnson, Perry Schwartz, Ryan Soller, Kelsey Alto. MEMBERS ABSENT: Edward Goff, Eric Noyes STAFF PRESENT: Kate Aanenson, Community Development Director; Erik Henricksen, Project Engineer; Sharmeen Al-Jaff, Senior Planner; Joe Seidl, Water Resources Engineer. PUBLIC PRESENT: Matt Pavek, Kevin Teppen, Matt Sheehan Civil Site Group David Bieker Denali Custom Homes Seth Loken Alliant Engineering Jim Morin Nancy and Don Giacchetti 6679 Lakeway Drive Chris Mozina 6670 Point Lake Lucy Bruce Miller 6667 Point Lake Lucy Heida Onan 6700 Pointe Lake Lucy Thomas Hoghaug 6713 Lakeway Drive Patty Chapman 6675 Lakeway Drive Jim Wildermuth 6672 Lakeway Drive Blake Tornga 6686 Pointe Lake Lucy Ella Hale 600 Fox Hill Drive Francesca Landon 620 Fox Hill Drive John Stutzman 6901 Yuma Drive Deeann Hale 600 Fox Hill Drive PUBLIC HEARING: 1441 LAKE LUCY ROAD (GAYLE MORIN ADDITION): CONSIDER A REQUEST FOR REZONING PROPERTY FROM RURAL RESIDENTIAL DISTRICT TO SINGLE- FAMILY RESIDENTIAL DISTRICT AND SUBDIVISION OF 4.84 ACRES INTO TWO LOTS Senior Planner Al-Jaff gave a presentation on the item, noting the site is guided residential low- density and the application is consistent with the land use plan. There is currently a single-family home on the site served by a driveway off Lake Lucy Road with two wetlands and abutting Lake Lucy which makes it a riparian parcel and must meet requirements of the Shoreland Overlay District. An existing turnaround is part of the private street and is intended to serve the new parcel after the site is subdivided. She gave history on the site noting City Council directed staff 37 Planning Commission Minutes – July 19, 2022 2 to look at how this area will develop and how they will serve the Morin property. She shared history of the site including two additional parcels, the possibility of adding a public street, and eventually went forward with a private street with a variance to serve up to five homes off the private street. The Morins worked with the developer and agreed to put the turnaround on their property to maximize the number of units the developer could put on the adjacent property. A cross-access agreement was granted at that time to the Morins. Water Resources Engineer Seidl gave history of the site from a three lot split to a two lot split. He noted with a previous application process the City received a number of comments from concerned residents in the area. He noted they used WSB Consulting to help with the review of the stormwater and passed those concerns on. Mr. Seidl shared about drainage patterns noting a north to south downhill slope with stormwater runoff going to Wetland A primarily from sheet flow and is conveyed to Wetland B via a small conveyance channel which then goes to Lake Lucy. The proposed project largely maintains the drainage patterns with the exception of increased impervious area provided by the home and the driveway connection. It includes a small stormwater Best Management Practice (BMP) which treats stormwater before it enters Wetland A. The project appears to meet both Watershed and City rules and regulations and the buffer area would be memorialized through a maintenance declaration with the Riley Purgatory Watershed District. The project received conditional approval from the Watershed District on June 1, 2022 and slightly reduces the high water level of Wetland A which should be a benefit to adjacent properties by reducing the flood risk. He spoke about concerns from the Lake Lucy taskforce including the geotechnical report, groundwater, wetland protection, heavy equipment, grading, and a freeboard requirement. Ms. Al-Jaff continued the presentation noting City requirements for park distances, tree loss/addition, and landscaping. Staff recommends approval of the development with conditions listed in the report and adoption of the Findings of Fact and Recommendation, as well as rezoning the property from Rural Residential to Single Family. Commissioner Schwartz asked about the conveyance channel between the two wetlands and noted Mr. Giacchetti refers to it as a creek. He asked if this is a semantic difference or if staff views the waterway as something other than a creek. Mr. Seidl would say it is more of a semantic difference. The channel/creek conveys the water from A to B, it is a natural channel and is not man-made and does not appear to convey water all the time. When it is dry (he would be surprised if it was not still dry) and during wet conditions, there is a natural overflow and the channel conveys the water between wetlands. Commissioner Schwartz asked about the discrepancy between staff’s assessment of drainage, stormwater management, erosion prevention, and sediment control, and those of the experts that Mr. Giacchetti’s group engaged. Mr. Seidl asked if Mr. Schwartz can be more specific. Commissioner Schwartz cannot because he is not an expert and read both reports and noted there seems to be a discrepancy. 38 Planning Commission Minutes – July 19, 2022 3 Mr. Seidl can only answer from the perspective of staff review. They look at City ordinance, rules, and regulations and apply those. If it meets the rules and regulations that is the basis of staff’s finding of fact. Commissioner Schwartz asked for a comment on the validity of the location discrepancy regarding the soil borings and the work performed by the geotechnical company on February 15, 2022. Mr. Seidl did not do the technical analysis but what he can offer is what the City is typically looking at for stormwater reporting including the soils (sandy clay which is typical of Chanhassen), and the depth which may be associated with the ground water in that area. Mr. Seidl noted the analysis was done by a professional geotechnical engineer who signed off on it and he would have to go with their recommendation with the caveat that there are conditions from the Watershed District and the City that they will receive additional information showing infiltration rates and the separation of ground water. The geotechnical analysis was done in the winter months which are not ideal for measuring infiltration and it is typical to get this information during spring, summer, and fall months. He stated the designer would use that data for their resubmittal. Commissioner Schwartz asked what is meant by “freeboard” requirement. Mr. Seidl replied freeboard is measured between the high water level of a pond or area collecting storm water and the low floor elevation of a property. A certain level of freeboard is wanted as a safety element to decrease risk of nuisance water and flooding. Commissioner Alto asked if a geotechnical analysis done with the City has ever been incorrect. Mr. Seidl replied not that he is aware of. He noted he has only been with the City for six months so it is difficult to answer. Commissioner Alto gathered one of the main concerns of residents is flooding and disturbance to the wetlands and who would be liable if the geotechnical analysis is incorrect and there is flooding to residents’ property: the geotechnical company, the Watershed, or the City. Mr. Seidl noted they are receiving additional information which would essentially trump what was collected in the geotechnical report and would mitigate that concern. He would consult with the legal team and get back to the Commissioners with an answer. Commissioner Alto clarified if approved they would do the initial grading and then look at the level. Mr. Seidl replied in the negative noting they would come back with an updated design after getting that additional information and then they would come back with a final design using that information. The mass grading and custom grading come after the plans are approved. Commissioner Alto noted there is additional due diligence to go through. 39 Planning Commission Minutes – July 19, 2022 4 Mr. Seidl replied in the affirmative. Chair von Oven noted spoke about the property that the majority of Wetland A overflows into and asked if that homeowner would expect the wetland to slightly reduce with the proposed BMP? Mr. Seidl noted the modeling submitted as part of the design shows that the high water level of the wetland would be slightly reduced. Chair von Oven asked what it means for a buffer to be memorialized. Mr. Seidl stated there is a maintenance declaration with staked-in markers so it is clear to the homeowner and future homeowners that it is a wetland buffer so it is easier to maintain. Chair von Oven asked about how Lot 2 would access Lake Lucy. Mr. Seidl thinks the current design has a conservation easement over the area between Wetland B and Lake Lucy. Ms. Al-Jaff clarified with conservation easements the City typically puts limitations as to what can and cannot be done within that area. The City could add language stating “no structures”. Commissioner Alto asked about bald eagles nesting on the site. Ms. Al-Jaff stated with any development the developer and city staff deal with the situation if they encounter any form of wildlife. Commissioner Soller asked if it had always been the plan since the road was put in that another house could be there. Ms. Al-Jaff replied in the affirmative and said when the property to the west came in, the City asked the Morins to show a “napkin sketch” about how they would develop their property. The Morins envisioned two additional lots which is when the City Council gave the variance to allow five homes off the private street. They also made sure sewer and water is stubbed to the property. Mr. Seidl noted since that time of original approval stormwater and wetland regulations have changed significantly with a dramatic increase in protecting wetlands. He noted the development would appear to meet all City rules and regulations, the intent of which is to protect wetlands and the environment. Jim Morin, brother of Joe Morin, gave some background noting Joe and Gayle bought the property and developed their dream home in April 1989 and was a remote, quite, beautiful property. It was a wonderful environment to raise their adopted children from India and Korea. They have seen many changes around the property over 33 years and he is glad they are airing concerns today and noted many concerns were shared by the Morins as the other homes were developed around the property. Unfortunately, Joe passed away from cancer in 2018 and Gayle 40 Planning Commission Minutes – July 19, 2022 5 was diagnosed 6 months later with Stage 4 lung cancer and passed away in March 2022. As a result, the home and property have become a key asset for their children who have special needs and will depend heavily on this investment for their living going forward. As neither child is likely to have children, any remaining money will go to a local charity when they pass which is set up with the trust. Mr. Morin noted they welcome concerns because Joe and Gayle would want to do things the right way and worked with neighbors, the City, and community. He also hopes the public shares the goal in a development that is done the right way and perhaps they will see this as a potential investment opportunity, or at least a way to make room for one more neighbor in the same spirit as the other developments in the area were done. Engineer Matt Pavek, Civil Site Group, was present along with landscape architect Kevin Teppen and engineer Matt Sheehan to answer any technical questions on the design. He stated they have worked for many months on versions of the plans and have worked closely with city staff. He feels they have the puzzle of drainage solved and going into final plans they will be able to refine those to meet all requirements. Chair von Oven noted another round of measurement coming and asked Mr. Pavek which he is most nervous about. Mr. Pavek stated the original geotechnical report with soil borings is preliminary and the next round will be test pits in which they will actually dig with a backhoe to look for corroboration of soil boring findings. Those will be done in a more precise location to make sure the soil is what they were expecting, and deeper to be sure no ground water within three feet of the bottom of the system. He noted they do their best to base the design on preliminary testing and then confirm it with further testing. If a redesign or shifting is necessary that is not uncommon and they can make those adjustments as they are conditions of approval. Chairman von Oven opened the public hearing. Nancy Giacchetti, along with her husband Don, have lived at 6679 Lakeway Drive for 21 years. She expressed condolences to Mr. Morin and noted they knew Joe and Gayle who were extremely nice people. She noted when they moved in 2001 and watched the other homes being put in, Dick told the Giacchettis and Jeff Dahl about the difficulty he had building on his property because it was not passing the tests regarding borings. He was very disappointed as the whole issue of building the turnaround and the arrangement with the Morins was due to that. She spoke about the low floor elevation chart and noted one reason she is concerned is that her home is in the -4.4 freeboard in the 100-year event. To her knowledge it was 2013 which was not that long ago. She stated the taskforce is comprised of people from both Point Lake Lucy and Whitetail Cove; they have learned a lot and hundreds of hours have gone into research. The taskforce believes the entire proposal is wrought with high risks and red flags. One thing they are concerned about is if mass grading and removal of trees occurs before these issues are known they will have a big “gravesite” that could exist forever. If new trees were planted to get it back to what it was, she would not be alive anymore. Ms. Giacchetti said even the best engineers can make mistakes and she spoke about the lack of notification and due process from the Watershed as they were not given notice of the June 1, 2022 meeting. Second, she spoke about inaccurate and incomplete geotechnical engineering data and analytics, noting the report states the GPS was 41 Planning Commission Minutes – July 19, 2022 6 not working and the soil sample depth was listed two different ways. She stated building a proposed plan on incorrect data is wrought with issues and showed a photo of drone shots taken in May and noted Wetland A is a lot bigger than shown and has changed significantly than when she first moved in 21 years ago. The creek created itself out of need. Ms. Giacchetti noted if one goes out to her property they can see the lay of the land which is not like looking at a piece of paper with elevations on it. She said anyone who has walked in there has asked how can a home be built there. She feels the 400-page stormwater management report will devastate the ecosystem and the report says in many areas that “problems will be fixed” and to do that the report may swell to 1,000 pages and still may not address the major issues identified. Ms. Giacchetti is concerned that the authors of the report feel they can solve potential water problems and given bad data one cannot assure that. The engineers are developing plans for the artificial bio-filtration basin to be placed next to Wetland A and her property is located about 60 feet down from that area. Water flows downhill and they are -4.4 feet below the freeboard elevation. She noted they are also concerned about potential damage to the private road noting it is not as wide as a city road and was built in a good way but with the amount and size of the equipment that will traverse it and there is nothing in the plan to account for road repair if there are issues with that road. Ms. Giacchetti said the turnaround has been sinking and has led her to believe there is muck under there and although this is a small area it is massive work. They also wonder whether the turnaround will change the nature of water flow. She stated they are asking that they stop the insanity surrounding water management on this property all for just one home. A number of people live there and honestly, she and Don will not tolerate the jeopardy in which their home could be placed. Chris Mozina, 6670 Point Lake Lucy, shared about the smart, dedicated, ethical people that are on the taskforce who have put in hundreds of hours trying to get at the truth. He spoke about choosing the harder right instead of the easier wrong and noted it is time to stop. He said Commissioner Schwartz’s question about analysis and why it matters now is because the preliminary plat ordinance from 1840 requires an accurate soil sample. Mr. Mozina is not aware of any site grading plan that involves the Dahl’s property and noted they are creating a funnel here. He has not seen elevations on impervious surface or retaining wall nor has he seen pictures of the house which are also 1840 requirements. Mr. Mozina is inspired by Jocelyn (Jen’s 12 year old daughter) who did a science experiment in June which reminded him about the scientific method and relies on observations of data, hypothesis, and controlled experiment. The purpose is to verify the hypothesis that one could build on this property and during the observation they simply walked away, therefore the observation four months later is irrelevant that there is water in the hole because the controlled experiment was over. Mr. Mozina shared his grading of what has gone on so far and spoke about sandwiching, surprises, supervision, “seen it before” history, societal benefit, and science. He noted a lot of great work has been done, the Watershed did a ton of work and he thinks they incorporated some of the taskforce’s letters and addendums into their work. He stated the City is beginning with inaccurate data full stop, and preliminary plan requires that they have it today. Once they cross to “conditional” and “variance” there is substantial detrimental harm based on Section 18-22 in the Code. Mr. Mozina spoke about standards that have not been met and he is concerned about whether there will be environmental damage because in the report the City says no, but in the questioning clearly there is. He showed a photo of the area and said it is an integrated ecosystem right now and picturing the equipment, impervious surface, torn down trees, how can they think there will not be damage to that 42 Planning Commission Minutes – July 19, 2022 7 ecosystem? He thinks an education guide in the future would be helpful so people can understand how the City and Watershed work together. Terry Jeffery at the Watershed stated the soil tells the truth about the wetland, it is bigger than people think, and the soil will show that. Regarding transparency and governance Mr. Mozina would like the website to say public service not just private citizens with a development hypothesis. He noted the Watershed website speaks about data collection and analysis to ensure decisions are based on sound science. The Planning Commission’s decision to recommend to the City Council is saying they believe good science was involved here and it simply was not. He asked them to reject the proposal which is substantially detrimental to the public welfare. Bruce Miller, 6667 Point Lake Lucy, built in 2000 and shared some concerns. When he saw the proposed development sign go up and having personal knowledge and experience of that area, he thought it is a high-risk. He is not an engineer but is speaking as a concerned citizen and taxpayer. When his home was built three houses were impacted by a City error; it was found that his house encroached on a wetland setback because the wetland was not shown on a City land survey so the permit was approved in error. He noted it was Case #008-VAR and staff stated if the City denied the recommendation the builder would be requested to demolish the part of the home that encroached on the 60 foot setback. As a future homeowner, one can imagine hearing that information. The bottom line is that the variance was accepted but he had to make adjustments because of that error. Twenty two years later they are here with another area that could create problems because it is high-risk. Mr. Miller hopes the Planning Commission recognizes the substantial attempts the taskforce has done to inform the District of their concerns. They made a video of a stream running between Wetlands A and B. The taskforce created a letter on April 4 to the Chanhassen Planning Department listing 72 questions generated from information on the proposal. To date, they have not had any questions answered, he noted tonight they heard information for the first time on some of the work the City has done. He spoke about the geotechnical report GPS system not working, boring holes not done to the right depth, moisture content in the soil, and he is happy to hear the City will revisit this and get the correct samples. It is too difficult to go forward without the right data. He thinks it would be prudent for the City to request a better study of the area and find out exactly what can and cannot be done on this piece of land. Mr. Miller stated the City took a strong position with his property in 2000, this area has a tremendous opportunity for error, and it is a high-risk area that could be permanently damaged if not backed up by the right data. He said City Ordinance states variances should only be approved if they avoid substantial detrimental harm to the public welfare. The taskforce believes that is the case here and they will continue to work hard to preserve this area. They strongly recommend the City listen to their concerns, protect the environment, and deny this proposal. Heida Onan, 6700 Pointe Lucy, noted this has been a long night and it is not personal for the Planning Commission because they will go home tonight and not be impacted. There are many concerns and a lot of passion that the taskforce and community have expressed, and she appreciates the reading of all the addendums and questions they have submitted. She noted a lot of insufficient, inaccurate, and incomplete data from the false water levels to the size of wetland are being under proposed, the bore holes filling with water, and the significant water level increase over 20 years shown by satellite imagery. She said this is a ravine and the wetlands will continue to grow. The faulty GPS is inexcusable and she cannot believe it was allowed to be 43 Planning Commission Minutes – July 19, 2022 8 submitted and allowed to go forward without question. Ms. Onan said the “said bore holes” were 20 feet deep but it was only reported at 14 feet and she asked why that was incomplete and who would be accountable. She asked who will pay for damage to the road and what it will look like during and after? She asked who will be held accountable for all the conditions and how will the City be held accountable? Ms. Onan noted they understand private landowners can do anything they want but when there is an impact to neighborhoods, wetlands, and wildlife that is a whole different situation. Building on Lot 2 will have an incredible water impact on existing homeowners and there was no consideration shown for the water flow on the west side of the house and asked about proper drainage easement. Ms. Onan stated there has been a bald eagle nest on that lot and there is a lot of community concern for that. Tonight’s real concern is that this will be devastating for the neighborhood, there are a lot of questions, and she appreciates that the Commissioners read them and stated they have not received any responses. She encourages more thorough and accurate information to be utilized as what they have seen during this process does not seem to conform to the City’s rules, regulations, and process. How can the City put one taxpayer over the City’s existing surrounding taxpayers? The taskforce urges the Planning Commission to reject this development as proposed and urge the City to request updated, thorough, and accurate information before making any decision. Thomas Hoghaug, 6713 Lakeway Drive, fell in love with his lot and has a Bachelor of Science in Geology as well as an MBA and when he heard about freeboard level he noted he is the absolute lowest home in the development and is downhill straight from the Morin property. He stated even at the height of the drought last year his sump pump ran all day and he is on his fifth sump pump in 20 years. He is curious if anyone in the Watershed has looked at the impact of downstream as it is all clay, water goes through it, and ends up in his yard. In wet years, the yard squishes all the time. He spoke about trying to put a pool in his yard, a discrepancy in the pool fence setback, having to change his deck, noting mistakes happen, the water is up, and he loses a little bit every year as the cattails get bigger. He asked if anyone ever asked about other impacts besides the adjacent homes because they will all be connected. Any water diverted from Lots 1 and 2 will eventually wind up heading his direction and that is a concern. He is also concerned about the wildlife and noted he loves his lot. He sees many young and mature bald eagles, loons, wood ducks, mallards, Canada geese, great blue heron, snow geese, white tail deer, turkeys, coyotes, red fox, muskrat, beavers, screech owls, and a great horned owl. It is obvious there is a lot of activity there and development is very disturbing to the environment. He stated the pond is substantially bigger over the 20 years he has lived there and he has never seen the creek not draining. He asked if the Planning Commission needs to tentatively approve it right now or do they actually spend the time to find out if it is an active bald eagle’s nest, where the water will go, how it will impact the neighbors, traffic, and the environment. It seems like they are rushing it through. He thanked them for their time. Patty Chapman, 6675 Lakeway Drive, shared her condolences to Mr. Morin. She explained her experience in living there for 18 years and noted the proposal does not take all the water issues into consideration. The natural drainage route that leads to Wetlands A and B begins on the north edge of the Morin property, surface water drains from the north, east, and west. She invited the Commissioners to come to the property when it is raining and said if they stood where the building site is proposed and walked north they would realize a natural drain exists there. During spring when snow melts it is common to see a constant stream all the way down from the road. 44 Planning Commission Minutes – July 19, 2022 9 Ms. Chapman is here asking them to please not disregard or ignore what she is saying or underestimate the water’s natural flow. She stated all of the plans deal with water at the home pad and south; she has not heard what they will do with the water that comes east, west, and north past her lot and where that water will go. Ms. Chapman noted they want to put the house where the water disburses and moves across and she asked where that water will go? She spoke about water volume and velocity and talked about being at the pinch point. The current proposal addressing only the downgrading elements would be insufficient and she believes it would be deliberate disregard not to take that into account and there would be sufficient potential for harm to the properties to the west of the Morin property. Ms. Chapman spoke about Minnesota case law modified the Common Enemy rule regarding surface water to require landowners diverting surface water must exercise reasonable care to avoid unnecessary injury to their neighbors. She spoke about another case from 1894 regarding natural drain accessibility. Ms. Chapman thanked the Planning Commissioners for the opportunity to speak and expects the City to address the citizens the same as the landowner or developer. Jim Wildermuth, 6672 Lakeway Drive, stated at this point there doesn’t appear to be any consideration about where workmen will park and the use of heavy equipment on the private road. He spoke about the attitude of the developer and builder and thinks the Planning Commission should reject this proposal and send it back to the City for further consideration and study. Blake Tornga, 6686 Pointe Lake Lucy, thanked the Planning Commissioners for their patience and for all of the community requests for information, the proposals, and thorough engineering work. He has not been in their shoes with residential zoning but he has been a commanding officer of a naval base and was responsible for approving very large construction projects. Based on the information tonight and with his past experience, he would have difficulty requesting or approving a policy change based on plans from flawed or even questionable data from the geotechnical report, from an environmental report, and from the residents. He noted it is probably premature given the questionable data to make a recommendation for approval. Chairman von Oven closed the public hearing. He thanked everyone for their concern noting the Commissioners are neighbors, volunteer citizens; they are in the people’s shoes and they will go home tonight and think about this. Depending on the decision tonight they will think about it for a very long time. He invited the Commissioners to ask questions and make comments. Commissioner Soller noted one thing that needs to be clarified regarding the Watershed District, it is a separate district, a separate entity, and is not governed by the City. Chair von Oven said regarding a comment on education, the Commissioners are not experts, and there is only one water expert in the room tonight. He asked staff to clarify the process from the moment a landowner makes a decision and wants to do something like this to approaching the City and asking for the specifics in the report. Then if it was to go before City Council and gets the green light, what happens after that. He wants people to understand the checks and balances that he believes to be in place. 45 Planning Commission Minutes – July 19, 2022 10 Engineer Seidl replied Chair von Oven is correct, the Watershed District is a separate entity and State Statute gives them the right to exist, have rules and regulations, and issue permits. Part of the City of Chanhassen resides within the Riley Purgatory Watershed District, as does this project. When a project comes in, staff looks at it and sees if it triggers any Watershed rules and regulations, as many of the City’s rules regarding water overlap and then the City would notice the Watershed and have a pre-application meeting with the applicant and the Watershed. Somewhere in the design for the project there will be a condition noting that before the applicant can move forward they need approval from the other agency (Watershed) whose rules are stricter than the City. Mr. Seidl wrote in the report that before they move forward with a final plat the City would want to see approval from the Watershed District. He clarified that is typically how these projects work. Commissioner Alto said in working with the Watershed, the City is looking at the citizens’ concerns with runoff in spring, the different directions water will go when a house is placed, and those are the checks and balances to ensure that water is not diverted into the neighbors’ yards. She lived in the Lotus Lake neighborhood and lived on a road so steep they parked at the top of it in the winter due to ice. She asked regarding the geotechnical report in saying they are not finding any groundwater, are all of the decisions being based on the assumption that there would never be groundwater? Mr. Seidl replied the Watershed and the City have rules and regulations meant to protect residents from adverse effects which is an analysis of existing conditions versus proposed conditions and trying to mimic what is happening in the existing condition and mimic how drainage flows off a property. They look at rates, volumes, treatment, wetlands, buffers, setbacks, etcetera. If a design meets those rules and regulations the City approves the project because it meets the intent. Commissioner Schwartz asked given the nature of the property and the neighborhood concerns expressed, what assurances can staff and the developer provide to assuage these concerns going forward assuming the project is approved by the Planning Commission and the City Council. Mr. Seidl noted one step in between the project being constructed and where they are currently, is the final plat submittal where they are requesting additional information. There is no immediate plan to do any mass grading as that all must happen with approved plans. That is the natural checks and balances happening here. Commissioner Schwartz asked if those checks and balances would include some responsibility on the part of the City to address the existence of the eagles’ nest. Ms. Al-Jaff replied if a situation was encountered while a developer was on site, they will address it. This is something that has happened in the past and the builder, developer, and the City come together to address it and ensure that wildlife is protected. She stated there will be a large conservation easement on the site and while there is an area that will be graded to accommodate the future home, the southern half of the development will be preserved in its natural state. 46 Planning Commission Minutes – July 19, 2022 11 Commissioner Schwartz asked what happens if the eagles nest is on a tree smack dab in the middle of where they want to put the house. Community Development Director Aanenson has been with the City for thirty years and has seen this incident before. Sometimes one can restrict the time that construction can take place and recently they were able to rescue some owls to be relocated. First they must identify where the wildlife is or if it affects construction timing. Regarding the eagles nest they would work with the appropriate agency to try to relocate the nest within the area. Commissioner Schwartz asked what happens if they are digging and find insufficient appropriate soil to build the house. Mr. Pavek, Civil Site Group, noted he is not a developer but is a civil engineer. He clarified if soil is not structurally sound they can build with pilings, geo-piers, soil can be removed and structural soil brought in, there are many options and construction techniques. Sometimes it becomes an economic decision on whether it is worth it at that point. He asked to address some of the public comments to bring clarity. As a civil engineer, his number one job is drainage and when they design they are cognizant and thinking about flood risk, ground water, etcetera, and right now this is a preliminary design. He is happy to meet with any neighbors to talk about how it sets up, freeboard, and drainage patterns. Regarding mass grading, the next step would be to do a test pit for further borings which would not be a big, disturbing event with a bunch of trees taken out. He noted they would not want to clear the site just to find out it does not work. Mass grading would happen after final plans are approved. He noted regarding the drainage coming off the site, the current plan shows water going around the house with contours and they would not design it that way. They would design it with appropriate swales to convey the water so it would not damage properties next door or increase any flood risks. The plans get checked by multiple other entities, as well and he hopes that brings people some comfort. Mr. Pavek said it is important to them as designers for the drainage to be designed in the best possible way to neighbors because the last thing they want is to cause a problem. He spoke about freeboard giving an example of a house with a basement next to a pond. The basement is supposed to be three feet above the 100-year high water level. With a large storm the pond would have to bounce up three feet higher than the 100-year level to touch that basement. That is what the freeboard is for and it is super conservative. With the little pond on this site it would be physically impossible for it to have three feet of standing water higher than its banks, noting the most it could bounce over its banks is just a couple of inches and then it flows downhill to other water bodies. The house with the -4.4 freeboard is below the pond and is not affected by that pond’s freeboard but is affected by the next downstream pond’s freeboard because it is going around. He would be happy to help clarify that with the homeowner. Commissioner Schwartz asked in the future whether they can have communication with homeowners before the Planning Commission meeting to explain the process. Commissioner Soller thinks it would be terrible to do a bunch of destruction of the natural environment only to end up with an outcome where no development is done. He asked for clarification on the process noting it sounds like more non-invasive work is done first. 47 Planning Commission Minutes – July 19, 2022 12 Mr. Seidl clarified in order to do any significant work out there the builder or developer will need approved construction plans and permits from the City and Watershed District and must meet all conditions of approval. There will be a final plat with other hurdles required to actually secure the permits, pre-construction meetings, and he clarified they are still preliminary in the process. Chair von Oven noted some concern of preliminary numbers gathered and asked if a number of trees and a backhoe needs to be brought in to get those updated numbers. Mr. Seidl replied in the negative. Commissioner Alto stated this is always a hard conversation involving development and change is hard, especially with such wildlife. She might assume the same feelings could be had for the houses that many of the neighbors currently own backing up to wetlands which used to be habitat that was previously like the habitat they are discussing tonight. She noted it is well within the right of an owner of a property, within the guidelines of the bodies they must report to, to make these decisions and the applicants are making efforts to make these decisions based on everything that is required of them. Commissioner Alto noted they already removed the second house knowing it was not feasible and she cannot in good faith say no to this based off of the emotion of it all. Commissioner Schwartz agrees and wants to be respectful of the homeowners’ rights but also feels compelled to make sure neighbors have been listened to and can be assured that some of the concerns will be addressed. Commissioner Soller noted Mr. Morin pointed out when the neighbors moved in, it had been a paradise with no houses. He looked at an aerial map from 1957 and there was nothing there where now there are 20, 30, 40 houses there. Now things have grown up around the houses and it looks very nice with tree cover and improvements near the development because of the conservation-minded policies the City has had. He asked why everything was rezoned residential low-density but this strip of land (the Morin property) stayed rural. Commissioner Alto noted the Morins already owned it and it cannot be rezoned unless the property owner wants it rezoned. In the 2040 Comprehensive Plan that is why the City intended this would be rezoned once it came up for sale for single family low-density. Community Development Director Aanenson noted this is a large lot and typically a rural lot would be 2.5 acres. When a property owner wants to subdivide the City makes it consistent with the Comprehensive Plan. Many people keep their property in larger lots for tax purposes, and she stated this guiding is consistent with the Comprehensive Plan. Commissioner Soller asked why more work was not done to answer more of the public’s questions that were submitted. Commissioner Schwartz lives on a private street and sees the damage snowplows and garbage trucks do to the private street. These people have a very serious concern about the damage that 48 Planning Commission Minutes – July 19, 2022 13 will be done by the construction equipment and he thinks it is a reasonable question in asking who will be responsible for maintain and repairing the damage that will be done. Chair von Oven noted there is a reason they are called private streets, everyone knows who is responsible for it: the people who live on it. He noted this is a tough answer to give but when one buys property on a golf course, golf balls will come at your house; when you buy property on a private street, you know what you are getting into. For Chair von Oven, the private street comes up at the Planning Commission every single time but he holds the same position on the private street every time. Will there be extra traffic on that street? Possibly. For a homeowner who has a right to do what he or she wants to do with their property, the concern of the private street which everyone knew was their responsibility, it is a concern for him because it is the public’s concern. However, it is not on his list of concerns because people know what they are getting into with a private street. He noted this is the single most comprehensive, well though-out, strategic presentation he has ever seen from the public and he is in each one of their shoes on the topics brought forward. In some of their 72 questions, it comes down to education and part of the process is that there are not final numbers right now. Chair von Oven see two things that need to be decided which are whether the property can be rezoned and subdivided into two lots. There is a final Watershed check that will get the real numbers and then this project will or will not go forward. He spoke about drainage, the reducing of Wetland A, and noted the landowner had two developments grow up around him is now asking for one house, not even a development. Commissioner Alto moved, Commissioner Schwartz seconded that the Chanhassen Planning Commission recommends approval of rezoning of property from Rural Residential District (RR) to Single Family Residential District (RSF), preliminary plat to subdivide 4.75 acres into two lots as shown in plans received June 16, 2022, subject to the conditions of approval, and adopts the attached Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: 581 FOX HILL DRIVE: CONSIDER A REQUEST FOR APPROVAL FOR SUBDIVISION OF 2.47 ACRES INTO FOUR LOTS AND ONE OUTLOT WITH VARIANCES Senior Planner Al-Jaff gave a presentation on the item stating it is a riparian lot with a single family home on the parcel with a subdivision all parcels will meet the required lot area, width, depth, and access to each parcel is from Fox Hill Drive. Project Engineer Henricksen spoke about access and right-of-way, noting the applicant is proposing to dedicate some additional right-of-way to meet the 50 feet typical to the neighborhood. It is substandard to current standards of 60 feet but matches the neighborhood and would be consistent with the needs for the road network. He spoke about the Lotus Woods subdivision from 2020 and a connection to Fox Hill Drive which he showed on screen. Sanitary sewer and water is adequate to meet the needs and there is a need for an additional fire hydrant to be installed to meet fire code. Water Resources Engineer Seidl spoke about drainage and grading noting a high point at the center of the property with storm water flowing to Lotus Lake, the wetland, or stormwater infrastructure along Carver Beach Road. Mass grading is proposed to prepare the site for home 49 Planning Commission Minutes – July 19, 2022 14 construction, install storm water BMPs, and infrastructure before discharging water offsite. The proposed position conveys the water to four individual storm water BMPs which increases the wetland stormwater volumes and increases the 100-year high water level which is seen as an adverse impact and is something that will need to be addressed during final design submittal. He noted the project is within the Riley Purgatory Watershed District and is subject to the City and Watershed’s rules and regulations. A geotechnical analysis and related infiltration testing will be needed so the BMPs can be property designed. Ms. Al-Jaff spoke about parks and trails, trees on the site, and a conservation easement. Staff recommends approval of the preliminary plat to subdivide and a variance for the 50-foot right-of- way. Commissioner Schwartz asked staff to comment on Mr. Johanson’s email about concerns with tree removal, animal displacement, stormwater runoff, and pesticide contamination. Ms. Al-Jaff replied that Mr. Johanson is not opposed to development but noted his concern was the size of the potential homes in the future. If these parcels meet ordinance requirements and guidelines for subdivision, staff will typically recommend approval. This development has met all of those requirements and Mr. Johansen requested the size and height of the homes be limited; the City must abide by the single-family residential district and as long as they meet setbacks, hard surface coverage, and height limitations, they are permitted to build homes that would be in compliance with the ordinance. Commissioner Schwartz asked if Jill Sinclair has weighed in on any environmental issues. Ms. Al-Jaff had conversations with Ms. Sinclair about the woods. As has been done with Big Wood Boulevard, the City exercised similar practices by reducing the right-of-way and required the applicant to push the homes closer to the right-of-way with a preservation easement at the rear of the property. She noted the applicant will be 22 trees short of the maximum removal and will be replacing those trees on site. She believes as they finalize and define the location of the storm pond they can save additional trees. Commissioner Johnson noted with infiltration basins it raises a flag and asked if there are options to change those. Mr. Seidl replied the Watershed does not waive their abstraction volume requirement which is why they will need a test to prove those rates. There is a workaround which is a void space created from a rock layer under the infiltration practice to capture that volume which allows a longer time for the water to infiltrate the soil. Underground infiltration BMPs are typically a more cost-effective option. David Bieker, Denali Custom Homes, said the owner of the property will be constructing a new home on the lake side of the property. The applicants are lovely people who have lived in Chanhassen for years and are looking forward to living in the home; they are very into the environment and the outdoors. Their full intention is to plant many trees in strategic spots. He spoke about the potential road extension as well as the stormwater drainage system. 50 Planning Commission Minutes – July 19, 2022 15 Chairman von Oven opened the public hearing. Ella Hale, 600 Fox Hill Drive, thanked the Commissioners and noted she has lived in her house for almost 30 years and she loves the neighborhood. Everyone calls the area a hidden gem; they love the woods, wildlife, and if this were to change that wildlife would have nowhere to go. This area is the last big plot of woods and is very special. She cannot imagine it not being there anymore, it affects her everyday life and she would be lying if she said she has not cried every single day since this property was sold last summer because she did not have a million dollars to buy it and she has never been more mad at herself. She wants to keep it the way it is and this is such a thin stretch of land and noted no one wants the road. It is such a quiet area, and in putting four homes there it would double the entire neighborhood. In taking most of the trees… how can someone say they love nature if they are only going to leave 35%, that is ridiculous to her, so many trees will be gone that she has watched grow since she was a kid and she played in those woods. The previous owner left it the way it was because they loved it that way. Ms. Hale understands that people want to build a home and spoke about the cottage that is currently there. It is crazy for someone to see this and want to build as many homes as possible. She asked the Commissioners to please come out to the neighborhood if they haven’t already to look at how special it is. She wishes the project could be scaled back as it will change everyday life and it will lose the magic. She spoke about growing up and the big woods seemed to go on forever and she does not believe that the trees would be replanted. She stated nobody in the neighborhood wants this and it will affect everyone else, animals, water, and so many things. She asked the Commissioners to scale it back to two homes or three but not to devastate the entire forest for one person to have all their friends live in the same strip. Francesca Landon, 620 Fox Hill Drive, noted her house looks directly into the current wetland area and years ago during the Lotus Woods development she had concerns that all the trees would be gone. She spoke about deer and fawns, barn owls, red-tail hawks, and noted she is having a difficult time visualizing the four houses as the three acres does not seem like it will fit the houses. She is not opposed to change but her concern is taking 65% of the trees down and she does not think that qualifies as loving nature. Ms. Landon noted that 65% proposed does not include what was taken down at the lakefront last summer and she does not think it includes the trees taken down by the road the last couple of weeks. She noted this is truly a gem and it is not so much about their view as it is about drainage. She spoke about Page 4 of the staff report where the developer proposes to mass grade a majority of the site and asked how that will be done without removal of trees. Right now water goes to the corner of Outlot A and pools/overflows the corner and goes into the street; there is a neighbor down there who has lost some of his lot to the wetland due to the amount of drainage that goes there. She noted the road is very small and she does not know how construction trucks will go on the road and thinks the road will be demolished. There are a lot of issues, she thinks it is an excessive building plan and it would be better if it were two or three houses total. Chairman von Oven noted the City Code of Chanhassen requires that Planning meetings end at 10:30pm by law. He is not allowed to continue and noted this is the first time he has had to do this. 51 Planning Commission Minutes – July 19, 2022 16 Ms. Aanenson noted they can continue this item but cannot start another item. John Stutzman, 6901 Yuma Drive, is on the other side of the pond from Big Woods and has lived in the City for 14 years. He has utmost respect for staff and elected officials and said the common theme from neighbors tonight is to scale the project back. They understand development and it is an owner’s right to develop land within City Code and other governing bodies. As Ms. Landon said, the excessive nature of this seems to be a common theme and a tough area to develop. It is a very passionate issue for the neighborhood and he requested if there are ways to increase the conservation easement to save more trees and reduce the lot numbers, and he noted the bottom lot will be interesting to develop. He said if there is a way to avoid the road he would also propose that. He encouraged the Planning Commission, staff, and the developer to think about scaling this project back and be respectful of what the neighbors are asking. Deeann Hale, 600 Fox Hill Drive, grew up in Chanhassen and she has seen a lot of growth, some good change and some bad change. She was very happy many years ago when Mayor Mancito believed in conserving more trees. Ms. Hale was home one day when surveying and tree tagging was happening and one of the young men she was talking to noted there were a lot of old trees there and some were very rare and are not seen anymore. Ms. Hale said it is sad because someone will move in and not appreciate it but knock it down. Ms. Hale kept her fingers crossed that the property would stay as much the same as possible and said building four houses with the rare trees and wildlife that depend upon them is a shame. She is beginning to wonder if they appreciate what they have. As someone said “they paved paradise and put up a parking lot.” She asked if that is what is going to happen. If they remove two-thirds of the trees, where will the deer and wildlife go. Ms. Hale noted they cannot save this for the deer but they were there first, and said let’s not destroy what they enjoy and what the neighborhood enjoys. She asked the Commissioners to consider it and questioned why people buy lots only to knock it all down, she does not understand it. The way it will be developed she will have two driveways across from her driveway and will be interesting to get out at the same time. She does not know if the Commissioners have been out to see it but invited them to take a look. She spoke about Big Woods and all the trees taken out there noting it is a funny name as there are no woods. Mr. Bieker noted people keep mentioning they should scale it back and noted there are eight houses between the street and the lake at Big Woods and the applicant is only proposing four in the same amount of distance. He thinks that is a lot more reasonable than what has been done in the past; there will be a lot more greenspace, there is hardly any greenspace in Big Woods, and it will not be like that. He thinks they are being mindful on the number of houses and he thinks it might be possible to do more but that is not what is happening. In another area of Chanhassen, he built 12 homes and now there are more trees that tower above the houses. He noted the trees will be replenished and the character of the neighborhood will come back. Mr. Bieker stated they will work with the City to save every tree that they can and he appreciates what the neighbors are saying. Chairman von Oven closed the public hearing. Commissioner Schwartz wonders if the current owner would consider selling the property to the City, County, or a preservation organization such as a Sierra Club or Nature Conservancy, 52 Planning Commission Minutes – July 19, 2022 17 assuming they would get fair-market value of the land. He would ask that of the owner before proceeding. As proposed, he thinks this project is a travesty which is his personal opinion. When he drove into that neighborhood he was blown away and had no idea there was that degree of huge trees on the property and once it is gone it will never come back. He thinks it needs to be rethought. Commissioner Also stated given that her current house and childhood home are within .5 miles of this lot she will be recusing herself from the vote and that they would still have a quorum. Chairman von Oven lives across the lake on Lotus. He has driven through the neighborhood, and Commissioner Schwartz is right, these trees are different. He admitted he struggles a bit and as stated earlier he believes in the rights of a land owner to do what they want with their property within the boundaries of the law. The Lotus Woods subdivision in 2020 had a tree preservation of 29% and in looking at the google map now he thinks it does not look so bad, although they are not the same trees but were placed as a penalty for removing trees. He noted they are big, beautiful trees on Big Woods Boulevard and he does not know where he stands but would like to discuss if there is a right number. He is hopeful that there are ways of moving around of the puzzle pieces such as the infiltration system and downstream effects, which might affect the proposed tree preservation. He spoke about the number from the City plan that says it must be 55% or higher and then paying a tree penalty if it is below that has always been a thorn in a Commission predecessor’s side and has become a thorn in this case and in this neighborhood. Commissioner Johnson agrees, he has walked the street a number of times and noted the area is pretty special. He understands the tree debate but also understands an owner’s right to do what they want with their property. He hopes they can come up with a solution or compromise, whether reducing the lots, changing stormwater, or whatever they can do to save trees. Commissioner Soller feels the same and almost bought a house in the neighborhood; he has been through the area and likes it a lot. This is a tough one and he noted it may be in the purview of the City Council and City regarding conservation but perhaps it needs to be looked at such as increasing the penalty for taking out so many trees. He thinks the City has some leverage but finds it difficult to tell a property owner that they cannot work on this. Commissioner Soller likes the idea of compromise. It does not feel right to Chair von Oven to restrict the number of lots. He believes the number the Planning Commission can affect that does not put him at odds with his beliefs about landowner rights is the tree preservation number. The 2040 Comprehensive Plan requires 55% but has an out clause for certain situations and the proposal right now is 35%. He does not know what it would do to the project for that minimum canopy coverage to remain at 55% and be completely in compliance with the Code. Seth Loken, Alliant Engineering, said the Watershed has stormwater rules and in order to meet those they must treat discharge to the wetland prior to it getting to the wetland and to do that they must clear trees for that infrastructure. 53 Planning Commission Minutes – July 19, 2022 18 Ms. Al-Jaff clarified staff noticed this application with variances. One thing they did with Big Woods and why many cannot tell which trees they saved, the homes were pushed 10 feet closer to the right-of-way to save the trees behind, and they increased the rear yard to 40 feet for the conservation easement. If that is something the Commissioners wish to consider, staff will look at it. Commissioner Schwartz wants to make it clear that he also respects property rights of homeowners and property owners. He asked if it is possible at this stage to think out of the box and asked Ms. Aanenson whether the City could consider purchasing the property and keeping it the way it is. Ms. Aanenson replied at this stage she is not sure it would be appropriate to try although it is something that could have been considered. She clarified the tree preservation ordinance, noting the City has a very rigid tree preservation easement and it is not a one-size-fits-all. She noted they have a lot of deer in town travelling through the whole community and that is something the City wants to keep. Ms. Aanenson said the applicant has indicated if the City wants additional right-of-way, which is taking away some of the trees, the applicant is getting penalized for that. She thinks the best way is to Ms. Al-Jaff’s point and to look at ways to cluster the houses, shift them, figure out those significant trees and try to work around those. She is not sure they would have a willing seller but the City could offer that up although she is not sure the City has those funds right now. She noted it is a bit harder on a smaller scale but there are different zoning techniques that have been employed such as RLM or PUD to save a natural resource. Chair von Oven is not in a position to reject or approve the proposal and asked Ms. Aanenson about the best course of action to send it back. Ms. Aanenson replied they can ask for additional time and make a recommendation to table. Staff could then go back and revisit some issues to see what they can do (i.e.variances, what they can save, etc.) They have 120-days to review and would take the extra 60 days. Chairman von Oven moved, Commissioner Johnson seconded to table this item and allow staff and the developer to work towards achieving a greater percentage of tree canopy preservation. All voted in favor and the motion carried unanimously with a vote of 4 to 0 (Commissioner Alto recused herself from the vote). PUBLIC HEARING ORDINANCE AMENDMENT CONCERNING IMPROVEMENTS AND ENCROACHMENTS IN PUBLIC EASEMENTS Ms. Aanenson noted this is a Code Amendment recommendation. Currently, staff must make everyone that wants to put a fence in an easement area must apply for an encroachment agreement which is a legal document constructed by the attorney. The city attorney is saying these need to go to the City Council for their approval and signature. Staff is creating a website with all easement agreements and development contracts. The purpose of this would be to amend the City Code to say if there is not an active easement, one can put up a fence and sign a document saying if the City would have to activate that easement, the fence owner could take care of that. This would affect 90% of people who must wait 3-4 weeks to get a fence permit. 54 Planning Commission Minutes – July 19, 2022 19 Chair von Oven opened the public hearing. Chair von Oven closed the public hearing. Commissioner Alto moved, Commissioner Johnson seconded to approve code amendment. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Chair von Oven noted the summary minutes of the Planning Commission meeting dated June 21, 2022 as presented. CITY COUNCIL ACTION UPDATE: Ms. Aanenson spoke about Night to Unite and said in the future they will see the Avienda plat. ADJOURNMENT: Commissioner Alto moved to adjourn the meeting. The Planning Commission meeting was adjourned at 11:11 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Jenny Potter Senior Admin. Support Specialist 55 City Council Item August 22, 2022 Item Receive Economic Development Commission Minutes dated July 12, 2022 File No.Item No: D.3 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Economic Development Commission Minutes dated July 12, 2022." Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 56 Economic Development Commission Minutes dated July 12, 2022 57 CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION REGULAR MEETING JULY 12, 2022 Chairman Anderson called the meeting to order at 7:01 p.m. MEMBERS PRESENT: Chair Eric Anderson, Vice Chair David Kressler, Commissioners Duke Zurek, and Stacy Goff. MEMBERS ABSENT: Chris Freeman STAFF PRESENT: Bob Generous, Senior Planner. PUBLIC PRESENT: None. Member Kressler moved, Member Zurek seconded to approve the agenda. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: APPROVE ECONOMIC DEVELOPMENT COMMISSION MINUTES DATED JUNE 14, 2022 Member Kressler moved, Member Zurek seconded to approve the Minutes of the Economic Development Commission meeting dated June 14, 2022 as presented. All voted in favor and the motion carried unanimously with a vote of 4 to 0. GENERAL BUSINESS:None. ADMINISTRATIVE PRESENTATION: 1. Review Economic Development Commissions from Other Communities Mr. Generous provided a packet of information, noting Commissioner Freeman had requested information on what other Economic Development Commissions are doing. He noted a spreadsheet that has neighboring communities and whether they had EDC’s with links to their websites so Commissioners can look at their minutes. He noted when this group was first established, the purpose was to be an advisory to the City Council and look at issues that may be important for businesses in the community and businesses coming into the community. As part of the 2022 work program they set out to provide a specific work plan for the EDC. In comparing EDC’s he found many look at how cities can be appreciative to the business community and what efforts a city can make. One community did a business survey with an 58 Economic Development Commission – July 12, 2022 2 outside agency, which is extensive, and the city received a list of all businesses within the community which is something Mr. Generous would love to have. He has sent a request to the City of Eagan to get more information about that process, including cost and timeframe. The Councilmembers discussed the amount of responses to the other community’s survey and whether the relatively low number of responses would give sufficient information for the cost. Commissioner Kressler also noted two tracks of surveys, including current businesses but also those businesses that are not in Chanhassen. Mr. Generous stated EDCs also look at regional marketing and how to attract people into the community. He was interested to find many people do not use the City’s website to get information about the community, although Chanhassen seems to get a bit better response. Another item is finding out the needs of businesses in the community, as well as research and review. He gave the example of the food truck item the EDC had previously looked at. Chair Anderson noted the City wants to attract new business, but just as important is keeping businesses that are paying good salaries with good employees. How does the City tell the businesses “we appreciate you”? Commissioner Kressler would like to know what was addressed post-survey; he thinks it would be okay to go after the existing businesses and start there, which may lead the EDC down some other roads regarding what is attractive to the City. Commissioner Goff noted they do not have that connection to the businesses, either directly, through the Chamber, or through Buy Chanhassen. She likes the idea of talking to these groups as the City needs to know what the businesses want and how they would like to funnel concerns and questions. The Commissioners asked to get someone from the Chamber on the agenda. Commissioner Zurek stated there are a group of businesses that are very involved in the 4th of July event and perhaps the EDC could start there. The Commissioners agreed with that idea. They discussed the City of Lakeville’s EDC and strategic plan, as well as people moving out of the downtown areas and out into the suburbs CORRESPONDENCE DISCUSSION: 1. City Manager City Update 2. Update on Economic Development Staff Hire 59 Economic Development Commission – July 12, 2022 3 Mr. Generous noted the City made an offer to someone but could not come to an agreement so the City is pursuing additional avenues. He noted they interviewed four candidates with two second interviews. He said at the next meeting he hopes to bring an update on the Avienda development. Commissioner Zurek asked to hear more about the exploration of a new City Center. Mr. Generous said next steps will be receiving input from the community on the 4-5 options presented to the City Council. Chairman Anderson noted another brewery coming into the City. Mr. Generous replied the City Council amended City ordinance to allow the brewery to have a small kitchen. Chairman Anderson stated at the next meeting they would hope to have someone from the Chamber speak, an update on Avienda, and he noted he would try to get a retail guru to come speak. Mr. Generous asked if the Commissioners would like him to reach out to Buy Chanhassen and see if someone could come to the meeting. The Commissioners agreed. Chairman Anderson noted the next meeting will be on Wednesday, August 10. ADJOURNMENT: Chairman Anderson adjourned the Economic Development Commission meeting at 7:42 p.m. Submitted by Bob Generous Senior Planner Prepared by Amy Weidman Administrative Support Specialist 60 City Council Item August 22, 2022 Item Approve Claims Paid dated August 22, 2022 File No.Item No: D.4 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 August 22, 2022." 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 August 22, 2022: Check Numbers Amounts 177999 - 178093 $714,085.18 ACH Payments $872,947.10 Total All Claims $1,587,032.28 61 BUDGET RECOMMENDATION ATTACHMENTS Check Summary Check Summary ACH Check Detail Check Detail ACH 62 Accounts Payable User: Printed: dwashburn 8/16/2022 10:45 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount APAGRO APACHE GROUP 08/04/2022 0.00 36.65177999 BjoCyc Bjorn Cycling, LLC 08/04/2022 0.00 225.00178000 BOUMED BOUND TREE MEDICAL LLC 08/04/2022 0.00 113.37178001 CJohLan C. Johnson Landscape Design Group 08/04/2022 0.00 500.00178002 CEMPRO CEMSTONE PRODUCTS CO 08/04/2022 0.00 402.00178003 EmbMinn CENTURYLINK 08/04/2022 0.00 1,845.80178004 CleSol Cleaning Solutions Services 08/04/2022 0.00 7,620.00178005 ISD112 COMMUNITY EDUCATION ISD 112 08/04/2022 0.00 280.00178006 CustHom Custom Home Builders Title, LLC 08/04/2022 0.00 10,000.00178007 DahTom Tom Dahl 08/04/2022 0.00 127.50178008 DLTSOL DLT SOLUTIONS INC 08/04/2022 0.00 146.27178009 EilMic Michael Eilers 08/04/2022 0.00 500.00178010 ferwat Ferguson Waterworks #2518 08/04/2022 0.00 1,082.27178011 FieFam Fieldstone Family Homes 08/04/2022 0.00 750.00178012 HilEliz Elizabeth Renee Hill O'Connor 08/04/2022 VOID 500.00 0.00178013 HopSpo Hopkins Sports Camps LLC 08/04/2022 0.00 1,582.00178014 IndSig Indigo Signs 08/04/2022 0.00 2,002.30178015 KnowBe KnowBe4 Inc.08/04/2022 0.00 1,559.70178016 LIBBRU LIBERTY BRUSH MFG LLC 08/04/2022 0.00 79.54178017 LynPam Pamela Lynch 08/04/2022 0.00 50.00178018 MCKMED McKesson Medical-Surgical Inc 08/04/2022 0.00 197.40178019 MNSaf Minnesota Safety Council 08/04/2022 0.00 391.00178020 Minrur MINNESOTA RURAL WATER ASSN 08/04/2022 VOID 300.00 0.00178021 MSFCA MN STATE FIRE CHIEFS ASSOC.08/04/2022 0.00 300.00178022 MoboTre MoboTrex, Inc 08/04/2022 0.00 88.00178023 MTIDIS MTI DISTRIBUTING INC 08/04/2022 0.00 35.88178024 RAITRE RAINBOW TREE COMPANY 08/04/2022 0.00 20,310.00178025 ReaWat Ready Watt Electric 08/04/2022 0.00 4,905.00178026 RegUofM Regents of the University of MN 08/04/2022 0.00 110.00178027 SawDre Sawyer's Dream 08/04/2022 0.00 550.00178028 schcom Schwickert Company 08/04/2022 0.00 550.00178029 SIEGCHAR CHARLES SIEGLE 08/04/2022 0.00 145.99178030 StiBui Stinson Builders 08/04/2022 0.00 6,500.00178031 TesTec Tessco Technologies 08/04/2022 0.00 415.36178032 TimSav TimeSaver Off Site Secretarial, Inc 08/04/2022 0.00 831.00178033 UnmMatt Matt Unmacht 08/04/2022 0.00 1,230.57178034 VERIZO VERIZON WIRELESS 08/04/2022 0.00 4,526.93178035 VERIZO VERIZON WIRELESS 08/04/2022 0.00 250.20178036 VERIZO VERIZON WIRELESS 08/04/2022 0.00 40.01178037 YouDan Daniel Young 08/04/2022 0.00 1,275.00178038 ALLSTR ALLSTREAM 08/11/2022 0.00 490.84178039 AMETIR AMERICAN TIRE DISTRIBUTORS INC 08/11/2022 0.00 104.78178040 ASPMIL ASPEN MILLS 08/11/2022 0.00 331.60178041 BCATRA BCA 08/11/2022 0.00 15.00178042 BenJosh Josh Benesh 08/11/2022 0.00 50.00178043 BITROA BITUMINOUS ROADWAYS INC 08/11/2022 0.00 8,050.00178044 BurkChar Charlie Burke 08/11/2022 0.00 25.00178045 Page 1AP Checks by Date - Summary by Check Number (8/16/2022 10:45 AM) 63 Check No Check DateVendor NameVendor No Void Checks Check Amount CEMPRO CEMSTONE PRODUCTS CO 08/11/2022 0.00 705.00178046 CENENE CENTERPOINT ENERGY MINNEGASCO 08/11/2022 0.00 750.42178047 CenLin CenturyLink 08/11/2022 0.00 64.00178048 COMASP Commercial Asphalt Co 08/11/2022 0.00 800.26178049 DELTOO DELEGARD TOOL COMPANY 08/11/2022 0.00 160.64178050 DinDav Dave Ding 08/11/2022 0.00 264.73178051 DocSig DocuSign 08/11/2022 0.00 5,124.00178052 EARAND Earl F Andersen Inc 08/11/2022 0.00 1,339.73178053 EmeTec Emergency Technical Decon 08/11/2022 0.00 4,610.60178054 Enterpr Enterprise FM Trust 08/11/2022 0.00 4,485.54178055 ExeAssi Executive Assistance Group, LLC 08/11/2022 0.00 495.00178056 FerEnt Ferguson Enterprises, Inc. #1657 08/11/2022 0.00 12.90178057 ferwat Ferguson Waterworks #2518 08/11/2022 0.00 46,118.04178058 FESSOU FESTIVAL SOUND AND LIGHTING 08/11/2022 0.00 3,000.00178059 gonhom GONYEA HOMES 08/11/2022 0.00 5,000.00178060 HartCom Hartman Companies 08/11/2022 0.00 1,487.00178061 HOLTOU Holt Tour and Charter Inc 08/11/2022 0.00 1,035.00178062 IndSig Indigo Signs 08/11/2022 0.00 320.00178063 ITPROTV ITProTV 08/11/2022 0.00 445.00178064 Loc49 IUOE Local #49 08/11/2022 0.00 665.00178065 JenkJoel JOEL JENKINS 08/11/2022 0.00 51.00178066 KERRMATT Matt Kerr 08/11/2022 0.00 47.68178067 LacSal Lacount Sales, LLC 08/11/2022 0.00 29.10178068 LawPro Lawson Products, Inc.08/11/2022 0.00 75.78178069 Lennar Lennar 08/11/2022 0.00 12,500.00178070 MCFOA MCFOA 08/11/2022 0.00 20.00178071 MetHol Metronet Holdings, LLC 08/11/2022 0.00 56.09178072 METCO2 METROPOLITAN COUNCIL 08/11/2022 0.00 217,038.58178073 MilStev Steve Milewski 08/11/2022 0.00 150.00178074 MNSaf Minnesota Safety Council 08/11/2022 0.00 69.00178075 MNHEAL MN DEPT OF HEALTH 08/11/2022 0.00 23.00178076 NCPERS MN NCPERS LIFE INSURANCE 08/11/2022 0.00 112.00178077 MTIDIS MTI DISTRIBUTING INC 08/11/2022 0.00 56.07178078 NORASP NORTHWEST ASPHALT INC 08/11/2022 0.00 283,070.50178079 PILDRY PILGRIM DRY CLEANERS 08/11/2022 0.00 581.00178080 PinPes Pinnacle Pest Control 08/11/2022 0.00 680.00178081 RMBENV RMB Environmental Laboratories Inc 08/11/2022 0.00 226.52178082 SAFCON SAFEASSURE CONSULTANTS INC 08/11/2022 0.00 9,362.21178083 SCHELE SCHINDLER ELEVATOR CORP 08/11/2022 0.00 700.80178084 schcom Schwickert Company 08/11/2022 0.00 1,520.00178085 SOUSUB SOUTHWEST NEWS MEDIA 08/11/2022 0.00 1,259.99178086 TFOFIN TFORCE FINAL MILE 08/11/2022 0.00 58.94178087 TheHart The Hartford 08/11/2022 0.00 1,538.65178088 triedeea DeeAnn Triethart 08/11/2022 0.00 14.47178089 TruNort True North Controls 08/11/2022 0.00 18,961.00178090 TruGre TruGreen Processing Center 08/11/2022 0.00 695.00178091 USHome US Home Corporation 08/11/2022 0.00 5,000.00178092 WastMana Waste Management of Minnesota, Inc 08/11/2022 0.00 2,682.98178093 Report Total (95 checks): 714,085.18 800.00 Page 2AP Checks by Date - Summary by Check Number (8/16/2022 10:45 AM) 64 Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 8/16/2022 10:46 AM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH z-amazon Amazon 06/16/2022 - 4,288.01 ACH z-amepub American Public Works Association 06/16/2022 - 22.25 ACH Z-AWWA American Water Works Association 06/16/2022 - 227.00 ACH z-apple Apple.com 06/16/2022 - 130.82 ACH z-aqupon Aquatic Ponds 06/16/2022 - 44.27 ACH z-batplu Batteries Plus 06/16/2022 - 69.32 ACH z-bitly Bitly, Inc 06/16/2022 - 35.00 ACH z-broad Broadway Across America 06/16/2022 - 3,848.00 ACH z-cabfev Cabin Fever Sporting Goods 06/16/2022 - 289.98 ACH z-CarTec Carahsoft Technology Corp 06/16/2022 - 1,725.00 ACH z-Cardin Cardinal Pump Co 06/16/2022 - 122.48 ACH z-costco Costco Wholesale 06/16/2022 - 42.36 ACH z-couinn Country Inn & Suites 06/16/2022 - 118.50 ACH z-coumar Courtyard by Marriott 06/16/2022 - 450.55 ACH z-croawa Crown Awards 06/16/2022 - 192.54 ACH z-cubfoo Cub Foods 06/16/2022 - 236.80 ACH z-Dell Dell 06/16/2022 - 5,301.00 ACH z-deptna Department of Natural Resources 06/16/2022 - 51.20 ACH z-deppho Depositphotos Inc. 06/16/2022 - 321.05 ACH z-eschco Esch Construction Supply, Inc 06/16/2022 - 324.92 ACH z-Facboo Facebook 06/16/2022 - 20.00 ACH z-FenMe Fence Me In 06/16/2022 - 1,850.00 ACH z-gerten Gertens 06/16/2022 - 2,250.38 ACH z-goJoi Go To Joinme 06/16/2022 - 257.57 ACH Z-GFOA Government Finance Officers Association 06/16/2022 - 310.00 ACH z-grain Grainger 06/16/2022 - 1,218.02 ACH Z-GraLod Grandview Lodge 06/16/2022 - 195.78 ACH z-grunde Grundens USA 06/16/2022 - 201.23 ACH z-haccom Hach Company 06/16/2022 - 708.42 ACH z-hodBad Hodges Badge Company 06/16/2022 - 104.15 ACH z-holsta Holiday Stationstore 06/16/2022 - 54.83 ACH z-homdep Home Depot 06/16/2022 - 943.78 ACH Z-ICMA ICMA 06/16/2022 - 1,400.00 ACH z-iimc International Institute Municipal Clerks 06/16/2022 - 115.00 ACH z-jamec Jameco Electronics 06/16/2022 - 26.99 ACH z-jamsof Jamf Software, LLC 06/16/2022 - 122.00 ACH z-JerMik Jersey Mike's Subs 06/16/2022 - 136.99 ACH z-jimjoh Jimmy Johns 06/16/2022 - 162.21 ACH z-kahoo Kahoot! 06/16/2022 - 468.00 ACH z-kwitri Kwik Trip 06/16/2022 - 88.49 ACH z-laserc Lasercrafting 06/16/2022 - 49.68 ACH z-lunbye Lunds & Byerly's 06/16/2022 - 47.79 ACH z-Menard Menards 06/16/2022 - 52.41 ACH z-mnfire Minn Fire Svc Cert Board 06/16/2022 - 50.00 ACH z-magc MN Association of Government Communicators 06/16/2022 - 240.00 ACH z-mntran MN Department of Transportation 06/16/2022 - 55.00 ACH z-Mnlabo MN Dept of Labor and Industry 06/16/2022 - 65.00 Page 1 of 3 65 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH z-MNPoll MN Pollution Control Agency 06/16/2022 - 91.94 ACH z-MurGra Murphy Granite Carving 06/16/2022 - 281.32 ACH z-norame North American Safety 06/16/2022 - 68.00 ACH z-NorCoo NORTH COOP 06/16/2022 - 256.07 ACH z-nortoo Northern Tool+Equipment 06/16/2022 - 162.02 ACH z-offmax Office Max/Office Depot 06/16/2022 - 84.47 ACH z-panbre Panera Bread 06/16/2022 - 203.58 ACH Z-PARCIT Party City 06/16/2022 - 38.66 ACH z-Post Postmaster 06/16/2022 - 37.55 ACH z-PraRes Prairie Restorations, Inc 06/16/2022 - 39.73 ACH z-reatru RealTruck.com 06/16/2022 - (27.88) ACH z-Remark Remarkable Oslo 06/16/2022 - 7.99 ACH z-samclu Sam's Club 06/16/2022 - 149.10 ACH z-souren Southwest Rental and Sales 06/16/2022 - (4.00) ACH z-strat Stratoguard, LLC 06/16/2022 - 185.60 ACH z-target Target 06/16/2022 - 35.85 ACH z-thebus The Business Journal 06/16/2022 - 160.00 ACH z-TidDry Tide Dry Cleaners 06/16/2022 - 29.22 ACH z-UOFM U of M Contlearning 06/16/2022 - 315.00 ACH z-uber Uber 06/16/2022 - 75.00 ACH z-usablu USABlueBook 06/16/2022 - 2,515.96 ACH z-VicRos Victoria Rose Floral 06/16/2022 - 82.39 ACH z-wpsg Witmer Public Safety Group, Inc 06/16/2022 - 334.12 ACH z-wyndha Wyndham Hotels and Resorts 06/16/2022 - 396.02 ACH z-Ysi YSI 06/16/2022 - 738.70 ACH z-zoom Zoom 06/16/2022 - 85.90 ACH z-zynno Zynnovation, LLC 06/16/2022 - 983.76 ACH ALLBLA ALLIED BLACKTOP 08/04/2022 - 28,174.19 ACH AFLAC American Family Life Assurance Company of Columbus 08/04/2022 - 39.78 ACH AMESOL AMERICAN SOLUTIONS 08/04/2022 - 689.25 ACH BROWHI BROCK WHITE CO LLC 08/04/2022 - 2,437.40 ACH carcou Carver County 08/04/2022 - 1,025.00 ACH GMHASP GMH ASPHALT CORP 08/04/2022 - 598,602.94 ACH GOPSTA GOPHER STATE ONE-CALL INC 08/04/2022 - 621.00 ACH HAWCHE HAWKINS CHEMICAL 08/04/2022 - 12,557.35 ACH HeaStr Health Strategies 08/04/2022 - 486.00 ACH MausKerr Kerry Maus 08/04/2022 - 510.00 ACH thekno Knox Company 08/04/2022 - 1,004.00 ACH MacEme Macqueen Emergency Group 08/04/2022 - 617.05 ACH MVEC MN VALLEY ELECTRIC COOP 08/04/2022 - 6,168.94 ACH NusEqu Nuss Truck & Equipment 08/04/2022 - 144.84 ACH NYSPUB NYSTROM PUBLISHING COMPANY INC 08/04/2022 - 247.97 ACH OREAUT O'Reilly Automotive Inc 08/04/2022 - 200.15 ACH ProTec Pro-Tec Design, Inc. 08/04/2022 - 229.50 ACH QUAFLO Quality Flow Systems Inc 08/04/2022 - 1,488.00 ACH IMPPOR Rent N Save Portable Services 08/04/2022 - 5,389.20 ACH TWISEE TWIN CITY SEED CO. 08/04/2022 - 149.60 ACH UniAth Universal Athletic Services, Inc. 08/04/2022 - 3,113.14 ACH WATSON WATSON COMPANY 08/04/2022 - 480.08 ACH WAYTEK WAYTEK INC 08/04/2022 - 98.77 ACH WMMUE WM MUELLER & SONS INC 08/04/2022 - 752.50 ACH WSB WSB & ASSOCIATES INC 08/04/2022 - 2,481.00 ACH XCEL XCEL ENERGY INC 08/04/2022 - 33,480.19 ACH AdvEng Advanced Engineering & Environmental Services, LLC 08/11/2022 - 3,088.37 ACH BOLMEN BOLTON & MENK INC 08/11/2022 - 32,125.00 ACH CRYINF Crystal Infosystems LLC 08/11/2022 - 288.00 ACH engwat Engel Water Testing Inc 08/11/2022 - 625.00 Page 2 of 3 66 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH FASCOM FASTENAL COMPANY 08/11/2022 - 17.65 ACH GMHASP GMH ASPHALT CORP 08/11/2022 - 8,130.00 ACH H&LMES H & L Mesabi 08/11/2022 - 210.00 ACH HOOPTHRE Hoops & Threads LLC 08/11/2022 - 130.00 ACH INDLAN Indoor Landscapes Inc 08/11/2022 - 187.00 ACH InnOff Innovative Office Solutions LLC 08/11/2022 - 1,139.47 ACH JEFFIR JEFFERSON FIRE SAFETY INC 08/11/2022 - 86.78 ACH KENGRA KENNEDY & GRAVEN, CHARTERED 08/11/2022 - 21,211.00 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 08/11/2022 - 3,928.88 ACH MacEme Macqueen Emergency Group 08/11/2022 - 18,357.86 ACH Marco Marco Inc 08/11/2022 - 1,010.00 ACH MERACE MERLINS ACE HARDWARE 08/11/2022 - 1,165.36 ACH MINNOCC MINNESOTA OCCUPATIONAL HEALTH 08/11/2022 - 402.00 ACH NAPA NAPA AUTO & TRUCK PARTS 08/11/2022 - 294.87 ACH NusEqu Nuss Truck & Equipment 08/11/2022 - 21.87 ACH PinPro Pine Products Inc 08/11/2022 - 154.00 ACH PREMRM PRECISE MRM LLC 08/11/2022 - 273.00 ACH PreWat Premium Waters, Inc 08/11/2022 - 70.39 ACH QUAFLO Quality Flow Systems Inc 08/11/2022 - 691.86 ACH IMPPOR Rent N Save Portable Services 08/11/2022 - 10,778.40 ACH SunLif Sun Life Financial 08/11/2022 - 1,859.55 ACH TENNAN TENNANT 08/11/2022 - 118.80 ACH WatCon Water Conservation Services, Inc. 08/11/2022 - 799.38 ACH WATSON WATSON COMPANY 08/11/2022 - 665.03 ACH WMMUE WM MUELLER & SONS INC 08/11/2022 - 507.96 ACH WSB WSB & ASSOCIATES INC 08/11/2022 - 26,996.26 ACH XCEL XCEL ENERGY INC 08/11/2022 - 64.68 Report Total: - 872,947.10 Page 3 of 3 67 AP Check Detail-Checks User: dwashburn Printed: 8/16/2022 10:47:28 AM Last Name Acct 1 Amount Check Date Description ALLSTREAM 101-1160-4311 490.84 8/11/2022 Mitel Phone System Maintenance 490.84 8/11/2022 ALLSTREAM 490.84 AMERICAN TIRE DISTRIBUTORS INC 101-1550-4120 104.78 8/11/2022 Tires 104.78 8/11/2022 AMERICAN TIRE DISTRIBUTORS INC 104.78 APACHE GROUP 101-1170-4300 36.65 8/4/2022 Freight 36.65 8/4/2022 APACHE GROUP 36.65 ASPEN MILLS 101-1220-4240 331.60 8/11/2022 Uniform 331.60 8/11/2022 ASPEN MILLS 331.60 BCA 101-1120-4352 15.00 8/11/2022 Background Investigation 15.00 8/11/2022 AP - Check Detail-Checks (8/16/2022)Page 1 of 18 68 Last Name Acct 1 Amount Check Date Description BCA 15.00 Benesh Josh 101-0000-2021 3.43 8/11/2022 Lake Ann Field Trip Refund Benesh Josh 101-1541-3634 46.57 8/11/2022 Lake Ann Field Trip Refund 50.00 8/11/2022 Benesh Josh 50.00 BITUMINOUS ROADWAYS INC 700-0000-4550 8,050.00 8/11/2022 Repairs 8,050.00 8/11/2022 BITUMINOUS ROADWAYS INC 8,050.00 Bjorn Cycling, LLC 101-1538-4343 225.00 8/4/2022 Bicycle Repair Class 225.00 8/4/2022 Bjorn Cycling, LLC 225.00 BOUND TREE MEDICAL LLC 101-1220-4142 113.37 8/4/2022 Supplies 113.37 8/4/2022 BOUND TREE MEDICAL LLC 113.37 Burke Charlie 101-1320-4300 25.00 8/11/2022 Reimbursement for gift card - Dean's bereavement gift 25.00 8/11/2022 Burke Charlie 25.00 C. Johnson Landscape Design Group 101-0000-2073 500.00 8/4/2022 Erosion Control - Permit 2021-05527 - 469 Pleasant View Rd 500.00 8/4/2022 AP - Check Detail-Checks (8/16/2022)Page 2 of 18 69 Last Name Acct 1 Amount Check Date Description C. Johnson Landscape Design Group 500.00 CEMSTONE PRODUCTS CO 420-0000-4150 402.00 8/4/2022 Materials 402.00 8/4/2022 CEMSTONE PRODUCTS CO 720-7207-4150 705.00 8/11/2022 Materials 705.00 8/11/2022 CEMSTONE PRODUCTS CO 1,107.00 CENTERPOINT ENERGY MINNEGASCO 700-7019-4321 33.68 8/11/2022 Monthly Service CENTERPOINT ENERGY MINNEGASCO 101-1190-4321 275.62 8/11/2022 Monthly Service CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 26.61 8/11/2022 Monthly Service CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 256.79 8/11/2022 Monthly Service CENTERPOINT ENERGY MINNEGASCO 101-1600-4321 21.80 8/11/2022 Monthly Service CENTERPOINT ENERGY MINNEGASCO 101-1550-4321 32.52 8/11/2022 Monthly Service CENTERPOINT ENERGY MINNEGASCO 700-7043-4321 81.60 8/11/2022 Monthly Service CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 21.80 8/11/2022 Monthly Service 750.42 8/11/2022 CENTERPOINT ENERGY MINNEGASCO 750.42 CENTURYLINK 101-1160-4325 250.00 8/4/2022 Monthly Services CENTURYLINK 101-1370-4310 48.06 8/4/2022 Monthly Services CENTURYLINK 101-1160-4325 125.00 8/4/2022 Monthly Services CENTURYLINK 700-0000-4310 15.12 8/4/2022 Monthly Services CENTURYLINK 101-1550-4310 30.04 8/4/2022 Monthly Services CENTURYLINK 701-0000-4310 15.13 8/4/2022 Monthly Services CENTURYLINK 101-1190-4310 123.88 8/4/2022 Monthly Services CENTURYLINK 101-1540-4310 92.91 8/4/2022 Monthly Services CENTURYLINK 101-1350-4310 30.04 8/4/2022 Monthly Services CENTURYLINK 700-7019-4310 217.72 8/4/2022 Monthly Services CENTURYLINK 101-1170-4310 852.84 8/4/2022 Monthly Services CENTURYLINK 701-0000-4310 6.01 8/4/2022 Monthly Services CENTURYLINK 101-1220-4310 33.04 8/4/2022 Monthly Services CENTURYLINK 700-0000-4310 6.01 8/4/2022 Monthly Services AP - Check Detail-Checks (8/16/2022)Page 3 of 18 70 Last Name Acct 1 Amount Check Date Description 1,845.80 8/4/2022 CenturyLink 700-7043-4310 64.00 8/11/2022 Monthly Service 64.00 8/11/2022 CenturyLink 1,909.80 Cleaning Solutions Services 700-0000-4511 60.00 8/4/2022 Cleaning Service - Chan Public Works Cleaning Solutions Services 101-1370-4511 480.00 8/4/2022 Cleaning Service - Chan Public Works Cleaning Solutions Services 101-1170-4511 3,000.00 8/4/2022 Cleaning Service - Chan City Hall Cleaning Solutions Services 701-0000-4511 60.00 8/4/2022 Cleaning Service - Chan Public Works Cleaning Solutions Services 101-1190-4511 3,780.00 8/4/2022 Cleaning Service - Chan Library Cleaning Solutions Services 101-1220-4511 240.00 8/4/2022 Cleaning - Chan Fire Station #1 7,620.00 8/4/2022 Cleaning Solutions Services 7,620.00 Commercial Asphalt Co 720-7207-4150 800.26 8/11/2022 Materials 800.26 8/11/2022 Commercial Asphalt Co 800.26 COMMUNITY EDUCATION ISD 112 101-1534-4346 280.00 8/4/2022 Down payment - Performance Arts 280.00 8/4/2022 COMMUNITY EDUCATION ISD 112 280.00 Custom Home Builders Title, LLC 101-0000-2073 3,200.00 8/4/2022 Erosion Control - Permit 2019-00703 - 2240 Bentz Court Custom Home Builders Title, LLC 101-0000-2073 3,300.00 8/4/2022 Erosion Control - Permit 2019-01743 - 2230 Bentz Court Custom Home Builders Title, LLC 101-0000-2073 3,500.00 8/4/2022 Erosion Control - Permit 2018-03154 - 7510 Fawn Hill Road 10,000.00 8/4/2022 AP - Check Detail-Checks (8/16/2022)Page 4 of 18 71 Last Name Acct 1 Amount Check Date Description Custom Home Builders Title, LLC 10,000.00 Dahl Tom 101-1766-4341 127.50 8/4/2022 Softball Umpire 127.50 8/4/2022 Dahl Tom 127.50 DELEGARD TOOL COMPANY 101-1370-4260 99.06 8/11/2022 Spray Gun Kit DELEGARD TOOL COMPANY 101-1370-4260 61.58 8/11/2022 Female Coupler 160.64 8/11/2022 DELEGARD TOOL COMPANY 160.64 Ding Dave 101-1250-4240 264.73 8/11/2022 Safety Work Boots 264.73 8/11/2022 Ding Dave 264.73 DLT SOLUTIONS INC 101-1160-4205 146.27 8/4/2022 Quest Rapid Recover Software license renewal 146.27 8/4/2022 DLT SOLUTIONS INC 146.27 DocuSign 101-1160-4215 5,124.00 8/11/2022 DocuSign eSignature Annual Renewal 5,124.00 8/11/2022 DocuSign 5,124.00 Earl F Andersen Inc 101-1320-4560 1,339.73 8/11/2022 Safety Signs 1,339.73 8/11/2022 AP - Check Detail-Checks (8/16/2022)Page 5 of 18 72 Last Name Acct 1 Amount Check Date Description Earl F Andersen Inc 1,339.73 Eilers Michael 101-0000-2073 500.00 8/4/2022 Erosion Control - Permit 2021-04762 - 6560 Fox Path 500.00 8/4/2022 Eilers Michael 500.00 Emergency Technical Decon 101-1220-4242 4,610.60 8/11/2022 Clothing 4,610.60 8/11/2022 Emergency Technical Decon 4,610.60 Enterprise FM Trust 770-1376-4412 711.06 8/11/2022 Chevy Silv 140L Enterprise FM Trust 770-1376-4412 1,007.30 8/11/2022 Chev Silv 305L Enterprise FM Trust 770-1376-4412 1,202.50 8/11/2022 GMC Sier 412 Enterprise FM Trust 770-1376-4412 857.59 8/11/2022 GMC Yuko 201L Enterprise FM Trust 770-1376-4412 707.09 8/11/2022 Chevy Silv 214L 4,485.54 8/11/2022 Enterprise FM Trust 4,485.54 Executive Assistance Group, LLC 101-1613-4300 495.00 8/11/2022 4th of July Security 495.00 8/11/2022 Executive Assistance Group, LLC 495.00 Ferguson Enterprises, Inc. #1657 700-7043-4510 12.90 8/11/2022 Materials 12.90 8/11/2022 Ferguson Enterprises, Inc. #1657 12.90 Ferguson Waterworks #2518 700-0000-4530 541.13 8/4/2022 Winch Repair AP - Check Detail-Checks (8/16/2022)Page 6 of 18 73 Last Name Acct 1 Amount Check Date Description Ferguson Waterworks #2518 701-0000-4530 541.14 8/4/2022 Winch Repair 1,082.27 8/4/2022 Ferguson Waterworks #2518 701-1384-4556 22,504.00 8/11/2022 Meter Replacement Project Ferguson Waterworks #2518 700-0000-4550 1,110.04 8/11/2022 Materials Ferguson Waterworks #2518 700-1384-4556 22,504.00 8/11/2022 Meter Replacement Project 46,118.04 8/11/2022 Ferguson Waterworks #2518 47,200.31 FESTIVAL SOUND AND LIGHTING 101-1613-4402 3,000.00 8/11/2022 4th of July Stage 3,000.00 8/11/2022 FESTIVAL SOUND AND LIGHTING 3,000.00 Fieldstone Family Homes 101-0000-2075 750.00 8/4/2022 Landscape - Permit 2021-04743 - 730 Crossroads Ct 750.00 8/4/2022 Fieldstone Family Homes 750.00 GONYEA HOMES 101-0000-2072 2,500.00 8/11/2022 As-Built - Permit 2019-01972 - 9245 Eagle Ridge GONYEA HOMES 101-0000-2072 2,500.00 8/11/2022 As-Built - Permit 2021-00398 - 740 Hawkcrest Circle 5,000.00 8/11/2022 GONYEA HOMES 5,000.00 Hartman Companies 720-7025-4706 1,487.00 8/11/2022 Tree Plantings 1,487.00 8/11/2022 Hartman Companies 1,487.00 Holt Tour and Charter Inc 101-1560-4349 1,035.00 8/11/2022 Day Trip to Red Wing AP - Check Detail-Checks (8/16/2022)Page 7 of 18 74 Last Name Acct 1 Amount Check Date Description 1,035.00 8/11/2022 Holt Tour and Charter Inc 1,035.00 Hopkins Sports Camps LLC 101-1731-3636 1,582.00 8/4/2022 Beginning golf camp 1,582.00 8/4/2022 Hopkins Sports Camps LLC 1,582.00 Indigo Signs 101-1530-4130 629.00 8/4/2022 Aluminum Signs Indigo Signs 101-1220-4120 1,013.30 8/4/2022 Graphics Indigo Signs 101-1220-4520 360.00 8/4/2022 Graphics - Fire Department Vehicle 2,002.30 8/4/2022 Indigo Signs 101-1170-4110 98.50 8/11/2022 Name Plate Indigo Signs 101-1170-4110 98.50 8/11/2022 Name Plate Indigo Signs 101-1170-4110 123.00 8/11/2022 Name Plate 320.00 8/11/2022 Indigo Signs 2,322.30 ITProTV 101-1160-4370 445.00 8/11/2022 IT Pro TV Training Subscription - Matt K 445.00 8/11/2022 ITProTV 445.00 IUOE Local #49 101-0000-2004 455.00 8/11/2022 PR Batch 00411.08.2022 Local 49 dues IUOE Local #49 700-0000-2004 151.71 8/11/2022 PR Batch 00411.08.2022 Local 49 dues IUOE Local #49 701-0000-2004 58.29 8/11/2022 PR Batch 00411.08.2022 Local 49 dues 665.00 8/11/2022 AP - Check Detail-Checks (8/16/2022)Page 8 of 18 75 Last Name Acct 1 Amount Check Date Description IUOE Local #49 665.00 JENKINS JOEL 101-1766-4341 51.00 8/11/2022 Softball Umpire 51.00 8/11/2022 JENKINS JOEL 51.00 Kerr Matt 101-1160-4380 47.68 8/11/2022 Mileage Reimbursement 47.68 8/11/2022 Kerr Matt 47.68 KnowBe4 Inc.101-1160-4377 1,559.70 8/4/2022 Annual Renewal 1,559.70 8/4/2022 KnowBe4 Inc. 1,559.70 Lacount Sales, LLC 101-1320-4120 29.10 8/11/2022 AA Batteries 29.10 8/11/2022 Lacount Sales, LLC 29.10 Lawson Products, Inc.101-1370-4260 75.78 8/11/2022 Prong Cotter Pin Assortment 75.78 8/11/2022 Lawson Products, Inc. 75.78 Lennar 101-0000-2072 2,500.00 8/11/2022 As-built - Permit 2021-00635 - 7154 Alphabet Street Lennar 101-0000-2072 2,500.00 8/11/2022 As-built - Permit 2021-04135 - Alphabet Street Lennar 101-0000-2072 2,500.00 8/11/2022 As-built - Permit 2021-02372 - 7179 Alphabet Street Lennar 101-0000-2072 2,500.00 8/11/2022 As-built - Permit 2021-03247 - 7166 Alphabet Street Lennar 101-0000-2072 2,500.00 8/11/2022 As-built - 2021-01494 - 7190 Alphabet Street AP - Check Detail-Checks (8/16/2022)Page 9 of 18 76 Last Name Acct 1 Amount Check Date Description 12,500.00 8/11/2022 Lennar 12,500.00 LIBERTY BRUSH MFG LLC 700-0000-4120 79.54 8/4/2022 Poly Rotary Scrub w/plate 79.54 8/4/2022 LIBERTY BRUSH MFG LLC 79.54 Lynch Pamela 700-7204-4901 50.00 8/4/2022 Waterwise Rebate 50.00 8/4/2022 Lynch Pamela 50.00 MCFOA 101-1120-4370 20.00 8/11/2022 Conference - Kim Meuwissen 20.00 8/11/2022 MCFOA 20.00 McKesson Medical-Surgical Inc 101-1220-4142 11.12 8/4/2022 Bandage McKesson Medical-Surgical Inc 101-1220-4140 180.24 8/4/2022 Bag, airway kit, mask, banages McKesson Medical-Surgical Inc 101-1220-4142 6.04 8/4/2022 Bandage, chest seal 197.40 8/4/2022 McKesson Medical-Surgical Inc 197.40 Metronet Holdings, LLC 700-7043-4310 56.09 8/11/2022 Monthly Service 56.09 8/11/2022 Metronet Holdings, LLC 56.09 AP - Check Detail-Checks (8/16/2022)Page 10 of 18 77 Last Name Acct 1 Amount Check Date Description METROPOLITAN COUNCIL 701-0000-4509 217,038.58 8/11/2022 Waste Water 217,038.58 8/11/2022 METROPOLITAN COUNCIL 217,038.58 Milewski Steve 101-1541-3634 139.70 8/11/2022 Picnic Refund Milewski Steve 101-0000-2021 10.30 8/11/2022 Picnic Refund 150.00 8/11/2022 Milewski Steve 150.00 Minnesota Safety Council 101-1560-4343 391.00 8/4/2022 Drivers Safety Class 391.00 8/4/2022 Minnesota Safety Council 101-1560-4343 69.00 8/11/2022 Driving Safety Class 69.00 8/11/2022 Minnesota Safety Council 460.00 MN DEPT OF HEALTH 700-0000-4370 23.00 8/11/2022 Water Supply System Operator Renewal - Michael Wegner 23.00 8/11/2022 MN DEPT OF HEALTH 23.00 MN NCPERS LIFE INSURANCE 101-0000-2037 96.00 8/11/2022 PR Batch 00411.08.2022 NCPERS-Life Insurance MN NCPERS LIFE INSURANCE 701-0000-2037 8.00 8/11/2022 PR Batch 00411.08.2022 NCPERS-Life Insurance MN NCPERS LIFE INSURANCE 700-0000-2037 8.00 8/11/2022 PR Batch 00411.08.2022 NCPERS-Life Insurance 112.00 8/11/2022 MN NCPERS LIFE INSURANCE 112.00 MN STATE FIRE CHIEFS ASSOC.101-1220-4370 300.00 8/4/2022 Annual Conference - Don Nutter AP - Check Detail-Checks (8/16/2022)Page 11 of 18 78 Last Name Acct 1 Amount Check Date Description 300.00 8/4/2022 MN STATE FIRE CHIEFS ASSOC. 300.00 MoboTrex, Inc 101-1350-4120 88.00 8/4/2022 Flasher 88.00 8/4/2022 MoboTrex, Inc 88.00 MTI DISTRIBUTING INC 101-1550-4120 35.88 8/4/2022 Supplies 35.88 8/4/2022 MTI DISTRIBUTING INC 101-1550-4120 56.07 8/11/2022 Supplies 56.07 8/11/2022 MTI DISTRIBUTING INC 91.95 NORTHWEST ASPHALT INC 601-6047-4751 283,070.50 8/11/2022 2021 City Pavement Rehab Project 283,070.50 8/11/2022 NORTHWEST ASPHALT INC 283,070.50 PILGRIM DRY CLEANERS 101-1220-4300 581.00 8/11/2022 Laundry Service 581.00 8/11/2022 PILGRIM DRY CLEANERS 581.00 Pinnacle Pest Control 101-1530-4300 80.00 8/11/2022 Pest control Pinnacle Pest Control 700-0000-4300 210.00 8/11/2022 Pest control Pinnacle Pest Control 101-1170-4300 150.00 8/11/2022 Pest control Pinnacle Pest Control 701-0000-4300 80.00 8/11/2022 Pest control Pinnacle Pest Control 101-1550-4300 160.00 8/11/2022 Pest control AP - Check Detail-Checks (8/16/2022)Page 12 of 18 79 Last Name Acct 1 Amount Check Date Description 680.00 8/11/2022 Pinnacle Pest Control 680.00 RAINBOW TREE COMPANY 720-7202-4300 20,163.00 8/4/2022 2022 EAB Management RAINBOW TREE COMPANY 720-7202-4300 147.00 8/4/2022 City Hall Pine Spray 20,310.00 8/4/2022 RAINBOW TREE COMPANY 20,310.00 Ready Watt Electric 101-1220-4530 4,905.00 8/4/2022 City Siren's 4,905.00 8/4/2022 Ready Watt Electric 4,905.00 Regents of the University of MN 720-7202-4300 110.00 8/4/2022 Testing - Ash Yellows 110.00 8/4/2022 Regents of the University of MN 110.00 RMB Environmental Laboratories Inc 720-0000-4300 113.26 8/11/2022 Beach Monitoring RMB Environmental Laboratories Inc 720-0000-4300 113.26 8/11/2022 Beach Monitoring 226.52 8/11/2022 RMB Environmental Laboratories Inc 226.52 SAFEASSURE CONSULTANTS INC 701-0000-4370 1,404.33 8/11/2022 Safety Training SAFEASSURE CONSULTANTS INC 101-1550-4370 2,808.66 8/11/2022 Safety Training SAFEASSURE CONSULTANTS INC 700-0000-4370 1,404.33 8/11/2022 Safety Training SAFEASSURE CONSULTANTS INC 101-1320-4370 1,404.33 8/11/2022 Safety Training SAFEASSURE CONSULTANTS INC 720-7207-4370 1,404.33 8/11/2022 Safety Training SAFEASSURE CONSULTANTS INC 101-1370-4370 936.23 8/11/2022 Safety Training AP - Check Detail-Checks (8/16/2022)Page 13 of 18 80 Last Name Acct 1 Amount Check Date Description 9,362.21 8/11/2022 SAFEASSURE CONSULTANTS INC 9,362.21 Sawyer's Dream 101-1620-4345 550.00 8/4/2022 Summer Concert Series Performance 550.00 8/4/2022 Sawyer's Dream 550.00 SCHINDLER ELEVATOR CORP 101-1170-4300 700.80 8/11/2022 Inspection Service 700.80 8/11/2022 SCHINDLER ELEVATOR CORP 700.80 Schwickert Company 101-1170-4510 550.00 8/4/2022 System Maintenance 550.00 8/4/2022 Schwickert Company 101-1170-4510 760.00 8/11/2022 Thermsotat Replacement Schwickert Company 101-1170-4510 760.00 8/11/2022 Thermsotat Replacement 1,520.00 8/11/2022 Schwickert Company 2,070.00 SIEGLE CHARLES 700-0000-4120 145.99 8/4/2022 Light Bar Roof Mount 145.99 8/4/2022 SIEGLE CHARLES 145.99 SOUTHWEST NEWS MEDIA 101-1180-4336 22.05 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1180-4336 33.08 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1130-4336 529.20 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1613-4340 389.00 8/11/2022 Publishing AP - Check Detail-Checks (8/16/2022)Page 14 of 18 81 Last Name Acct 1 Amount Check Date Description SOUTHWEST NEWS MEDIA 101-1310-4336 73.50 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1410-4336 36.75 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1110-4336 44.10 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1110-4336 36.75 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1410-4336 33.08 8/11/2022 Publishing SOUTHWEST NEWS MEDIA 101-1110-4336 62.48 8/11/2022 Publishing 1,259.99 8/11/2022 SOUTHWEST NEWS MEDIA 1,259.99 Stinson Builders 101-0000-2073 6,500.00 8/4/2022 Erosion Control - Permit 2019-01779 - 2168 Wynsong Lane 6,500.00 8/4/2022 Stinson Builders 6,500.00 Tessco Technologies 701-0000-4260 207.68 8/4/2022 Tools Tessco Technologies 700-0000-4260 207.68 8/4/2022 Tools 415.36 8/4/2022 Tessco Technologies 415.36 TFORCE FINAL MILE 400-0000-1155 58.94 8/11/2022 Delivery Service 58.94 8/11/2022 TFORCE FINAL MILE 58.94 The Hartford 101-0000-2015 1,296.09 8/11/2022 August LTD The Hartford 720-0000-2015 58.88 8/11/2022 August LTD The Hartford 210-0000-2015 19.78 8/11/2022 August LTD The Hartford 701-0000-2015 64.15 8/11/2022 August LTD The Hartford 700-0000-2015 99.75 8/11/2022 August LTD 1,538.65 8/11/2022 AP - Check Detail-Checks (8/16/2022)Page 15 of 18 82 Last Name Acct 1 Amount Check Date Description The Hartford 1,538.65 TimeSaver Off Site Secretarial, Inc 210-0000-4300 831.00 8/4/2022 Meeting Minutes 831.00 8/4/2022 TimeSaver Off Site Secretarial, Inc 831.00 Triethart DeeAnn 101-1170-4110 14.47 8/11/2022 Office Supplies 14.47 8/11/2022 Triethart DeeAnn 14.47 True North Controls 700-7025-4530 5,660.00 8/11/2022 Wells Radios True North Controls 700-0000-4530 13,301.00 8/11/2022 Equipment 18,961.00 8/11/2022 True North Controls 18,961.00 TruGreen Processing Center 101-1550-4300 97.00 8/11/2022 Lawn Service TruGreen Processing Center 101-1550-4300 117.00 8/11/2022 Lawn Service TruGreen Processing Center 101-1550-4300 112.00 8/11/2022 Lawn Service TruGreen Processing Center 101-1550-4300 217.00 8/11/2022 Lawn Service TruGreen Processing Center 101-1550-4300 75.00 8/11/2022 Lawn Service TruGreen Processing Center 101-1550-4300 77.00 8/11/2022 Lawn Service 695.00 8/11/2022 TruGreen Processing Center 695.00 Unmacht Matt 101-1120-4381 125.85 8/4/2022 Rental Car - Drucker Conference Unmacht Matt 101-1120-4381 527.52 8/4/2022 Lodging - Drucker Conference Unmacht Matt 101-1120-4381 577.20 8/4/2022 Flight - ICMA Conference 1,230.57 8/4/2022 AP - Check Detail-Checks (8/16/2022)Page 16 of 18 83 Last Name Acct 1 Amount Check Date Description Unmacht Matt 1,230.57 US Home Corporation 101-0000-2072 2,500.00 8/11/2022 As-built - Permit 2021-04224 - 7269 Pearl Drive US Home Corporation 101-0000-2072 2,500.00 8/11/2022 As-built - Permit 2021-04527 - 7257 Pearl Drive 5,000.00 8/11/2022 US Home Corporation 5,000.00 VERIZON WIRELESS 101-1520-4310 52.07 8/4/2022 Monthly Service VERIZON WIRELESS 101-1320-4310 320.99 8/4/2022 Monthly Service VERIZON WIRELESS 101-1550-4310 534.84 8/4/2022 Monthly Service VERIZON WIRELESS 101-1120-4310 273.91 8/4/2022 Monthly Service VERIZON WIRELESS 701-0000-4310 416.89 8/4/2022 Monthly Service VERIZON WIRELESS 101-1530-4310 41.29 8/4/2022 Monthly Service VERIZON WIRELESS 101-1220-4310 692.87 8/4/2022 Monthly Service VERIZON WIRELESS 101-1540-4310 40.01 8/4/2022 Monthly Service VERIZON WIRELESS 101-1250-4310 368.93 8/4/2022 Monthly Service VERIZON WIRELESS 101-1110-4310 40.01 8/4/2022 Monthly Service VERIZON WIRELESS 720-0000-4310 433.58 8/4/2022 Monthly Service VERIZON WIRELESS 101-1370-4310 89.65 8/4/2022 Monthly Service VERIZON WIRELESS 700-0000-4310 561.76 8/4/2022 Monthly Service VERIZON WIRELESS 210-0000-4310 41.29 8/4/2022 Monthly Service VERIZON WIRELESS 101-1170-4310 46.29 8/4/2022 Monthly Service VERIZON WIRELESS 101-1160-4310 138.87 8/4/2022 Monthly Service VERIZON WIRELESS 101-1310-4310 221.17 8/4/2022 Monthly Service VERIZON WIRELESS 101-0000-2033 11.10 8/4/2022 Monthly Service VERIZON WIRELESS 101-1600-4310 201.41 8/4/2022 Monthly Service VERIZON WIRELESS 700-0000-4310 125.10 8/4/2022 Monthly Service VERIZON WIRELESS 701-0000-4310 125.10 8/4/2022 Monthly Service VERIZON WIRELESS 101-1220-4310 40.01 8/4/2022 Monthly Service 4,817.14 8/4/2022 VERIZON WIRELESS 4,817.14 Waste Management of Minnesota, Inc 720-7202-4329 77.27 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 101-1190-4329 326.02 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 101-1550-4329 943.26 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 701-0000-4329 17.12 8/11/2022 Monthly Service AP - Check Detail-Checks (8/16/2022)Page 17 of 18 84 Last Name Acct 1 Amount Check Date Description Waste Management of Minnesota, Inc 101-1220-4329 38.71 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 700-0000-4329 17.12 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 101-1170-4329 310.09 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 101-1370-4329 136.99 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 101-1613-4410 103.70 8/11/2022 4th of July Carts Waste Management of Minnesota, Inc 101-1550-4329 608.55 8/11/2022 Monthly Service Waste Management of Minnesota, Inc 101-1220-4329 104.15 8/11/2022 Monthly Service 2,682.98 8/11/2022 Waste Management of Minnesota, Inc 2,682.98 Young Daniel 101-1766-4341 1,275.00 8/4/2022 Softball Umpire 1,275.00 8/4/2022 Young Daniel 1,275.00 714,085.18 AP - Check Detail-Checks (8/16/2022)Page 18 of 18 85 AP Check Detail-ACH User: dwashburn Printed: 8/16/2022 3:24:28 PM Last Name Acct 1 Amount Check Date Description Advanced Engineering & Environmental Services, LLC 700-0000-4300 1,544.18 8/11/2022 2022 SCADA Services - April 02- April 29, 2022 Advanced Engineering & Environmental Services, LLC 701-0000-4300 1,544.19 8/11/2022 2022 SCADA Services - April 02- April 29, 2022 3,088.37 8/11/2022 Advanced Engineering & Environmental Services, LLC 3,088.37 ALLIED BLACKTOP 420-4227-4751 28,174.19 8/4/2022 2022 Sealcoast Project 28,174.19 8/4/2022 ALLIED BLACKTOP 28,174.19 Amazon 101-1160-4134 158.99 6/16/2022 Cat cable 1000 ft box for camera install at public works Amazon 700-7019-4120 7.75 6/16/2022 JC EWTP Impact Adapter Amazon 101-1160-4132 4.34 6/16/2022 Velcro Bundling Strap for computer cables Amazon 101-1530-4130 25.99 6/16/2022 Microphone and cord for podium Amazon 101-1160-4132 6.99 6/16/2022 Screen Protector for Adam Beers Amazon 101-1160-4132 56.97 6/16/2022 Stock USB-A to Lightning Cables for iPad charging Amazon 700-0000-4550 6.50 6/16/2022 JC Repair Equip Neptune Meters Amazon 101-1160-4133 969.55 6/16/2022 Aruba Switch for shop office at public works for camera project Amazon 101-1160-4132 19.99 6/16/2022 HDMI Cable for Rec Center Amazon 101-1320-4120 226.58 6/16/2022 CS Jameson 24-14A Chainsaw Scabbard for Aerial Bucket Amazon 101-1160-4132 5.36 6/16/2022 batteries for surface pens charlie H and spares Amazon 700-7019-4120 33.45 6/16/2022 JC EWTP Backup Battery Amazon 101-1160-4132 18.95 6/16/2022 Stock Cables for computers to Monitors displays Amazon 101-1160-4207 7.82 6/16/2022 Sewer Televising Hosting Service April Amazon 101-1160-4133 37.99 6/16/2022 Mounting bracket for switch shop office PW Amazon 400-4126-4703 98.00 6/16/2022 Camera mount kit parts for public works camera project Amazon 700-7043-4510 53.97 6/16/2022 MW WWTP Stainless Steel Wedge Anchor Amazon 700-0000-4120 77.28 6/16/2022 BM iPad Charger - Charging Cable AP - Check Detail-ACH (8/16/2022)Page 1 of 26 86 Last Name Acct 1 Amount Check Date Description Amazon 101-1170-4110 9.99 6/16/2022 kitchen sink sponge Amazon 700-7043-4150 -23.04 6/16/2022 MW Return - Tube Fitting Amazon 700-7043-4150 -9.59 6/16/2022 MW WWTP Tube Fitting Amazon 101-1160-4136 1,497.97 6/16/2022 camera and mounting hardware for public works camera project for Amazon 101-1530-4150 67.30 6/16/2022 Towels for Fitness Center Amazon 101-1170-4110 27.67 6/16/2022 booklet binding spines (returned for refund) Amazon 700-7043-4510 28.99 6/16/2022 JC EWTP Atomic Clock Amazon 101-1170-4110 34.91 6/16/2022 office supplies - ink Pads/ Lumbar Pillow Amazon 720-7201-4260 55.05 6/16/2022 Yard Waste cash drop box Amazon 101-1160-4133 214.71 6/16/2022 camera mounting bracket for PW camera Amazon 101-1160-4530 29.99 6/16/2022 Replacement phone case Kim M Amazon 700-0000-4550 29.05 6/16/2022 BM Hydrant Maintenance - Hex Key Amazon 101-1170-4110 34.47 6/16/2022 trash recycling containers Amazon 101-1160-4136 399.00 6/16/2022 replacement camera for WWTP Amazon 101-1170-4110 23.75 6/16/2022 booklet binding spines (returned for refund) Amazon 101-1170-4110 6.99 6/16/2022 kitchen sink sponge Amazon 700-7043-4150 9.59 6/16/2022 MW WWTP Tube Fitting Amazon 700-0000-4300 34.74 6/16/2022 JC Boots to Consulting AE2S 4,288.01 6/16/2022 Amazon 4,288.01 American Family Life Assurance Company of Columbus 101-0000-2008 39.78 8/4/2022 July AFLAC 39.78 8/4/2022 American Family Life Assurance Company of Columbus 39.78 American Public Works Association 101-1320-4340 22.25 6/16/2022 National Public Works Week Poster 22.25 6/16/2022 American Public Works Association 22.25 AMERICAN SOLUTIONS 101-1130-4331 689.25 8/4/2022 Checks 689.25 8/4/2022 AP - Check Detail-ACH (8/16/2022)Page 2 of 26 87 Last Name Acct 1 Amount Check Date Description AMERICAN SOLUTIONS 689.25 American Water Works Association 700-0000-4370 227.00 6/16/2022 MW Training 227.00 6/16/2022 American Water Works Association 227.00 Apple.com 700-0000-4310 0.49 6/16/2022 BM iCloud Storage Apple.com 701-0000-4310 0.50 6/16/2022 BM iCloud Storage Apple.com 101-1220-4310 0.99 6/16/2022 iCloud Storage Apple.com 101-1220-4300 128.84 6/16/2022 Drop Box for Apparatus iPads 130.82 6/16/2022 Apple.com 130.82 Aquatic Ponds 700-7043-4510 44.27 6/16/2022 MW WWTP Fountain LED Light Kit 44.27 6/16/2022 Aquatic Ponds 44.27 Batteries Plus 700-7043-4150 69.32 6/16/2022 MW WWTP 12V Lead 69.32 6/16/2022 Batteries Plus 69.32 Bitly, Inc 101-1125-4360 35.00 6/16/2022 Subscription 35.00 6/16/2022 Bitly, Inc 35.00 BOLTON & MENK INC 601-6049-4300 31,313.00 8/11/2022 Chanhassen/2022 Street Rehab (22-01) BOLTON & MENK INC 601-6048-4300 812.00 8/11/2022 Chanhassen/Crimson Bay Road Improvements AP - Check Detail-ACH (8/16/2022)Page 3 of 26 88 Last Name Acct 1 Amount Check Date Description 32,125.00 8/11/2022 BOLTON & MENK INC 32,125.00 Broadway Across America 101-1560-4300 924.00 6/16/2022 Tickets to Orpheum for Wicked senior day trip Broadway Across America 101-1560-4300 1,474.00 6/16/2022 Tickets to Orpheum for Wicked senior day trip Broadway Across America 101-1560-4300 1,450.00 6/16/2022 Tickets to Orpheum for Wicked senior day trip 3,848.00 6/16/2022 Broadway Across America 3,848.00 BROCK WHITE CO LLC 420-0000-4150 1,374.34 8/4/2022 Materials BROCK WHITE CO LLC 101-1731-4130 924.75 8/4/2022 Supplies BROCK WHITE CO LLC 420-0000-4150 138.31 8/4/2022 Materials 2,437.40 8/4/2022 BROCK WHITE CO LLC 2,437.40 Cabin Fever Sporting Goods 101-1550-4120 289.98 6/16/2022 GB Waders for Docks & Piers Maintenance (Replacements) 289.98 6/16/2022 Cabin Fever Sporting Goods 289.98 Carahsoft Technology Corp 101-1160-4377 1,725.00 6/16/2022 LinkedIn Learning Annual Renewal 1,725.00 6/16/2022 Carahsoft Technology Corp 1,725.00 Cardinal Pump Co 101-1320-4120 122.48 6/16/2022 CS Cardinal Pump - Buna lip Seal 122.48 6/16/2022 AP - Check Detail-ACH (8/16/2022)Page 4 of 26 89 Last Name Acct 1 Amount Check Date Description Cardinal Pump Co 122.48 Carver County 700-1160-4326 650.00 8/4/2022 Carver Fiber - WWTP / W-3, 7,8 / LS - 24 Carver County 101-1160-4326 375.00 8/4/2022 CarverLink Internet / Fiber - Aug 1,025.00 8/4/2022 Carver County 1,025.00 Costco Wholesale 101-1530-4130 42.36 6/16/2022 goldfish snacks for recital 42.36 6/16/2022 Costco Wholesale 42.36 Country Inn & Suites 101-1220-4381 118.50 6/16/2022 This should not be a charge just spoke to hotel and they confirm 118.50 6/16/2022 Country Inn & Suites 118.50 Courtyard by Marriott 101-1120-4381 450.55 6/16/2022 clerks institute certification 450.55 6/16/2022 Courtyard by Marriott 450.55 Crown Awards 101-1534-4130 192.54 6/16/2022 Dancer Awards 192.54 6/16/2022 Crown Awards 192.54 Crystal Infosystems LLC 101-1170-4110 288.00 8/11/2022 Toner Rec Center 288.00 8/11/2022 AP - Check Detail-ACH (8/16/2022)Page 5 of 26 90 Last Name Acct 1 Amount Check Date Description Crystal Infosystems LLC 288.00 Cub Foods 101-1600-4130 28.46 6/16/2022 Park Task Force Cub Foods 101-1600-4130 70.53 6/16/2022 Park Task Force Cub Foods 720-7202-4130 56.72 6/16/2022 Arbor Day refreshments Cub Foods 101-1120-4372 59.04 6/16/2022 Food and snacks for Reasonable Suspicion Training Cub Foods 101-1560-4300 22.05 6/16/2022 Soup Salad Lunch food supplies 236.80 6/16/2022 Cub Foods 236.80 Dell 101-1160-4131 2,757.00 6/16/2022 Finance Laptops for Danielle Kim & Ashley Dell 101-1160-4131 2,544.00 6/16/2022 Basic Laptops for Kevin Zittel Stacy Osen & Mary Blazanin 5,301.00 6/16/2022 Dell 5,301.00 Department of Natural Resources 101-1540-4300 51.20 6/16/2022 Boat Registration 51.20 6/16/2022 Department of Natural Resources 51.20 Depositphotos Inc.101-1120-4360 321.05 6/16/2022 Deposit Photos Annual License 321.05 6/16/2022 Depositphotos Inc. 321.05 Engel Water Testing Inc 700-0000-4300 625.00 8/11/2022 Water samples - July, 2022 625.00 8/11/2022 Engel Water Testing Inc 625.00 AP - Check Detail-ACH (8/16/2022)Page 6 of 26 91 Last Name Acct 1 Amount Check Date Description Esch Construction Supply, Inc 700-0000-4120 162.46 6/16/2022 JJ Coupling & Labor Esch Construction Supply, Inc 701-0000-4120 162.46 6/16/2022 JJ Coupling & Labor 324.92 6/16/2022 Esch Construction Supply, Inc 324.92 Facebook 720-7202-4130 20.00 6/16/2022 Posting on Facebook 20.00 6/16/2022 Facebook 20.00 FASTENAL COMPANY 101-1550-4120 17.65 8/11/2022 Roof Rack 17.65 8/11/2022 FASTENAL COMPANY 17.65 Fence Me In 101-1170-4483 1,850.00 6/16/2022 Fence removal 1,850.00 6/16/2022 Fence Me In 1,850.00 Gertens 101-1550-4150 1,270.38 6/16/2022 AB PO Triplet SF 2 5 Gal Gertens 101-1550-4150 980.00 6/16/2022 AB DE Pro Dry Conditioner DE Infield Conditioner 2,250.38 6/16/2022 Gertens 2,250.38 GMH ASPHALT CORP 601-6049-4751 598,602.94 8/4/2022 2022 City Pavement Rehab Project 598,602.94 8/4/2022 GMH ASPHALT CORP 700-0000-4550 8,130.00 8/11/2022 Patching AP - Check Detail-ACH (8/16/2022)Page 7 of 26 92 Last Name Acct 1 Amount Check Date Description 8,130.00 8/11/2022 GMH ASPHALT CORP 606,732.94 Go To Joinme 101-1160-4207 257.57 6/16/2022 JoinMePro Annual Renewal 257.57 6/16/2022 Go To Joinme 257.57 GOPHER STATE ONE-CALL INC 400-0000-4300 621.00 8/4/2022 Service calls 621.00 8/4/2022 GOPHER STATE ONE-CALL INC 621.00 Government Finance Officers Association 101-1130-4370 85.00 6/16/2022 Training Danielle - Acctg for leases Government Finance Officers Association 101-1130-4360 225.00 6/16/2022 Membership 310.00 6/16/2022 Government Finance Officers Association 310.00 Grainger 700-0000-4140 18.36 6/16/2022 JJ Generator Truck - Circuit Breaker Grainger 700-7019-4510 1,181.31 6/16/2022 EWTP Duct Fan Grainger 701-0000-4140 18.35 6/16/2022 JJ Generator Truck - Circuit Breaker 1,218.02 6/16/2022 Grainger 1,218.02 Grandview Lodge 101-1120-4381 40.98 6/16/2022 Lodging for conference Grandview Lodge 101-1120-4381 154.80 6/16/2022 Remaining balance for MCMA Conference 195.78 6/16/2022 AP - Check Detail-ACH (8/16/2022)Page 8 of 26 93 Last Name Acct 1 Amount Check Date Description Grandview Lodge 195.78 Grundens USA 700-0000-4240 201.23 6/16/2022 JC Jacket & Bibs 201.23 6/16/2022 Grundens USA 201.23 H & L Mesabi 101-1320-4120 210.00 8/11/2022 Supplies 210.00 8/11/2022 H & L Mesabi 210.00 Hach Company 700-7043-4160 218.31 6/16/2022 MW WWTP Recycling Chemkey Hach Company 700-7019-4160 490.11 6/16/2022 JC EWTP RGT 1, Tisab Soln 473 ML 708.42 6/16/2022 Hach Company 708.42 HAWKINS CHEMICAL 700-7043-4160 4,422.77 8/4/2022 Chemicals HAWKINS CHEMICAL 700-7019-4160 8,134.58 8/4/2022 Chemicals 12,557.35 8/4/2022 HAWKINS CHEMICAL 12,557.35 Health Strategies 101-1220-4300 486.00 8/4/2022 Medical Exam 486.00 8/4/2022 Health Strategies 486.00 Hodges Badge Company 101-1534-4130 104.15 6/16/2022 Dancer ribbons AP - Check Detail-ACH (8/16/2022)Page 9 of 26 94 Last Name Acct 1 Amount Check Date Description 104.15 6/16/2022 Hodges Badge Company 104.15 Holiday Stationstore 101-1220-4381 54.83 6/16/2022 fuel for out of town training DHS Inspections Brainerd 54.83 6/16/2022 Holiday Stationstore 54.83 Home Depot 101-1550-4150 324.96 6/16/2022 GB Sandwich Board Materials (Addition) Home Depot 700-7019-4510 7.47 6/16/2022 JC EWTP Plug Protectors Home Depot 700-7019-4150 382.01 6/16/2022 JC EWTP/WWTP Impact Wrench/Ring Kit & Bowl Cleaner Home Depot 701-0000-4140 11.50 6/16/2022 JJ Generator Truck - 20A tamper GFCI Home Depot 700-0000-4140 11.50 6/16/2022 JJ Generator Truck - 20A Tamper GFCI Home Depot 700-7043-4150 14.17 6/16/2022 JC Velcro Coins / Ball Valve/ Cable Tie Home Depot 101-1600-4300 159.99 6/16/2022 Two wheel cart for parks office Home Depot 700-7019-4120 32.18 6/16/2022 JC EWTP50 Pc Shockwave Set 943.78 6/16/2022 Home Depot 943.78 Hoops & Threads LLC 101-1310-4240 100.00 8/11/2022 Custom Embroidery Hoops & Threads LLC 701-0000-4240 15.00 8/11/2022 Custom Embroidery Hoops & Threads LLC 700-0000-4240 15.00 8/11/2022 Custom Embroidery 130.00 8/11/2022 Hoops & Threads LLC 130.00 ICMA 101-1120-4360 1,400.00 6/16/2022 membership 1,400.00 6/16/2022 ICMA 1,400.00 AP - Check Detail-ACH (8/16/2022)Page 10 of 26 95 Last Name Acct 1 Amount Check Date Description Indoor Landscapes Inc 101-1170-4300 187.00 8/11/2022 August Plant Service 187.00 8/11/2022 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 101-1170-4110 115.98 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 10.10 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 32.06 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 334.88 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 45.34 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 1.42 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 263.70 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 48.66 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 19.03 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 58.94 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 14.80 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 159.51 8/11/2022 Office Supplies Innovative Office Solutions LLC 101-1170-4110 35.05 8/11/2022 Office Supplies 1,139.47 8/11/2022 Innovative Office Solutions LLC 1,139.47 International Institute Municipal Clerks 101-1120-4360 115.00 6/16/2022 clerk member dues 115.00 6/16/2022 International Institute Municipal Clerks 115.00 Jameco Electronics 101-1220-4120 26.99 6/16/2022 CS Terminal, Auto 26.99 6/16/2022 Jameco Electronics 26.99 Jamf Software, LLC 101-1160-4205 122.00 6/16/2022 Monthly MDM charge for ipads AP - Check Detail-ACH (8/16/2022)Page 11 of 26 96 Last Name Acct 1 Amount Check Date Description 122.00 6/16/2022 Jamf Software, LLC 122.00 JEFFERSON FIRE SAFETY INC 101-1220-4120 86.78 8/11/2022 Task Force Tips 86.78 8/11/2022 JEFFERSON FIRE SAFETY INC 86.78 Jersey Mike's Subs 101-1110-4372 136.99 6/16/2022 councilworkshop 136.99 6/16/2022 Jersey Mike's Subs 136.99 Jimmy Johns 101-1120-4372 162.21 6/16/2022 Lunch for mediation 162.21 6/16/2022 Jimmy Johns 162.21 Kahoot!101-1120-4360 468.00 6/16/2022 Kahoot subscription for monthly trivia 468.00 6/16/2022 Kahoot! 468.00 KENNEDY & GRAVEN, CHARTERED 605-6502-4300 21,211.00 8/11/2022 Right of Way CR 101 21,211.00 8/11/2022 KENNEDY & GRAVEN, CHARTERED 21,211.00 KIMLEY HORN AND ASSOCIATES INC 601-6043-4300 3,928.88 8/11/2022 Minnewashta Parkway Rehab AP - Check Detail-ACH (8/16/2022)Page 12 of 26 97 Last Name Acct 1 Amount Check Date Description 3,928.88 8/11/2022 KIMLEY HORN AND ASSOCIATES INC 3,928.88 Knox Company 201-0000-4705 1,004.00 8/4/2022 Vehicle 201 KeySecure 1,004.00 8/4/2022 Knox Company 1,004.00 Kwik Trip 101-1560-4300 66.53 6/16/2022 Soup for Speaker luncheon 4 21 22 Kwik Trip 101-1560-4300 21.96 6/16/2022 Treats for coffee with cops/Fire Chief and DD class snacks 88.49 6/16/2022 Kwik Trip 88.49 Lasercrafting 101-1170-4110 49.68 6/16/2022 commission name plates 49.68 6/16/2022 Lasercrafting 49.68 Lunds & Byerly's 101-1560-4300 7.98 6/16/2022 Coffee with Cops event - morning treats Lunds & Byerly's 101-1220-4381 39.81 6/16/2022 Training weekend day breakfast SC driving class 47.79 6/16/2022 Lunds & Byerly's 47.79 Macqueen Emergency Group 101-1220-4530 283.55 8/4/2022 Pumper Macqueen Emergency Group 701-0000-4120 166.75 8/4/2022 Spectacle Kit Macqueen Emergency Group 700-0000-4120 166.75 8/4/2022 Spectacle Kit 617.05 8/4/2022 Macqueen Emergency Group 201-0000-4705 18,026.78 8/11/2022 Turnout Gear AP - Check Detail-ACH (8/16/2022)Page 13 of 26 98 Last Name Acct 1 Amount Check Date Description Macqueen Emergency Group 700-0000-4120 165.54 8/11/2022 Spectacle Kit Macqueen Emergency Group 201-0000-4705 165.54 8/11/2022 Spectacle Kit 18,357.86 8/11/2022 Macqueen Emergency Group 18,974.91 Marco Inc 101-1170-4410 757.50 8/11/2022 Copier Rental Marco Inc 701-0000-4410 101.00 8/11/2022 Copier Rental Marco Inc 720-0000-4410 50.50 8/11/2022 Copier Rental Marco Inc 700-0000-4410 101.00 8/11/2022 Copier Rental 1,010.00 8/11/2022 Marco Inc 1,010.00 Maus Kerry 101-1539-4343 510.00 8/4/2022 Line Dancing Instruction 510.00 8/4/2022 Maus Kerry 510.00 Menards 700-0000-4150 52.41 6/16/2022 GF Multi-Purpose Repair & Concrete Bonding 52.41 6/16/2022 Menards 52.41 MERLINS ACE HARDWARE 101-1320-4120 23.02 8/11/2022 Supplies MERLINS ACE HARDWARE 700-7043-4150 25.71 8/11/2022 Materials MERLINS ACE HARDWARE 101-1550-4150 42.37 8/11/2022 Materials MERLINS ACE HARDWARE 101-1320-4150 7.53 8/11/2022 Materials MERLINS ACE HARDWARE 700-7019-4150 23.18 8/11/2022 Materials MERLINS ACE HARDWARE 720-7207-4150 48.63 8/11/2022 Materials MERLINS ACE HARDWARE 701-0000-4150 75.15 8/11/2022 Materials MERLINS ACE HARDWARE 101-1160-4134 5.39 8/11/2022 Supplies MERLINS ACE HARDWARE 700-7019-4510 29.69 8/11/2022 Materials MERLINS ACE HARDWARE 101-1550-4410 209.88 8/11/2022 Rental MERLINS ACE HARDWARE 101-1170-4260 296.06 8/11/2022 Equipment AP - Check Detail-ACH (8/16/2022)Page 14 of 26 99 Last Name Acct 1 Amount Check Date Description MERLINS ACE HARDWARE 101-1220-4260 61.18 8/11/2022 Tools MERLINS ACE HARDWARE 700-0000-4150 34.19 8/11/2022 Materials MERLINS ACE HARDWARE 101-1220-4120 62.97 8/11/2022 Supplies MERLINS ACE HARDWARE 101-1220-4290 12.19 8/11/2022 Materials MERLINS ACE HARDWARE 101-1550-4120 208.22 8/11/2022 Supplies 1,165.36 8/11/2022 MERLINS ACE HARDWARE 1,165.36 Minn Fire Svc Cert Board 101-1220-4360 25.00 6/16/2022 VonBank cert payment Minn Fire Svc Cert Board 101-1220-4360 25.00 6/16/2022 VonBank cert payment 2 50.00 6/16/2022 Minn Fire Svc Cert Board 50.00 MINNESOTA OCCUPATIONAL HEALTH 101-1320-4300 128.00 8/11/2022 Drug & Alcohol Screening MINNESOTA OCCUPATIONAL HEALTH 101-1550-4300 210.00 8/11/2022 Drug & Alcohol Screening MINNESOTA OCCUPATIONAL HEALTH 700-0000-4300 64.00 8/11/2022 Drug & Alcohol Screening 402.00 8/11/2022 MINNESOTA OCCUPATIONAL HEALTH 402.00 MN Association of Government Communicators 101-1125-4360 240.00 6/16/2022 Membership 240.00 6/16/2022 MN Association of Government Communicators 240.00 MN Department of Transportation 101-1310-4370 55.00 6/16/2022 Fed Funding Seminar Registration 55.00 6/16/2022 MN Department of Transportation 55.00 MN Dept of Labor and Industry 101-1250-4360 65.00 6/16/2022 License Fees Paul Ekholm AP - Check Detail-ACH (8/16/2022)Page 15 of 26 100 Last Name Acct 1 Amount Check Date Description 65.00 6/16/2022 MN Dept of Labor and Industry 65.00 MN Pollution Control Agency 701-0000-4370 0.97 6/16/2022 MW Training certification MN Pollution Control Agency 701-0000-4370 45.00 6/16/2022 JC Training - Wastewater Operator Certification MN Pollution Control Agency 701-0000-4370 45.00 6/16/2022 MW Training Certification MN Pollution Control Agency 701-0000-4370 0.97 6/16/2022 JC Training - Wastewater Operator Certification 91.94 6/16/2022 MN Pollution Control Agency 91.94 MN VALLEY ELECTRIC COOP 101-1350-4320 29.69 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 101-1350-4320 144.84 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 701-0000-4320 434.53 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 101-1350-4320 98.70 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 101-1350-4320 33.78 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 101-1350-4320 81.57 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 101-1350-4320 32.24 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 101-1350-4320 5,135.82 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 101-1600-4320 33.32 8/4/2022 Monthly Service MN VALLEY ELECTRIC COOP 700-0000-4320 144.45 8/4/2022 Monthly Service 6,168.94 8/4/2022 MN VALLEY ELECTRIC COOP 6,168.94 Murphy Granite Carving 202-1192-4150 281.32 6/16/2022 AA Vase Replacement Pioneer Cemetery 281.32 6/16/2022 Murphy Granite Carving 281.32 NAPA AUTO & TRUCK PARTS 101-1550-4120 294.87 8/11/2022 Supplies 294.87 8/11/2022 AP - Check Detail-ACH (8/16/2022)Page 16 of 26 101 Last Name Acct 1 Amount Check Date Description NAPA AUTO & TRUCK PARTS 294.87 North American Safety 101-1320-4240 68.00 6/16/2022 JG Safety Sweatshirts 68.00 6/16/2022 North American Safety 68.00 NORTH COOP 101-1110-4372 256.07 6/16/2022 councilworkshop 256.07 6/16/2022 NORTH COOP 256.07 Northern Tool+Equipment 101-1550-4120 162.02 6/16/2022 GB Grabber for Mowers Magnet x 2 Work Gloves (Restock) 162.02 6/16/2022 Northern Tool+Equipment 162.02 Nuss Truck & Equipment 701-0000-4140 144.84 8/4/2022 Thermostat 144.84 8/4/2022 Nuss Truck & Equipment 101-1320-4140 21.87 8/11/2022 Switch 21.87 8/11/2022 Nuss Truck & Equipment 166.71 NYSTROM PUBLISHING COMPANY INC 101-1170-4110 247.97 8/4/2022 Window Envelope 247.97 8/4/2022 NYSTROM PUBLISHING COMPANY INC 247.97 Office Max/Office Depot 101-1170-4110 5.79 6/16/2022 command strip wall clip lobby AP - Check Detail-ACH (8/16/2022)Page 17 of 26 102 Last Name Acct 1 Amount Check Date Description Office Max/Office Depot 101-1160-4132 34.67 6/16/2022 VGA HDMI Adapter Barracuda Archiver Office Max/Office Depot 101-1220-4290 44.01 6/16/2022 Tape 84.47 6/16/2022 Office Max/Office Depot 84.47 O'Reilly Automotive Inc 101-1550-4140 10.87 8/4/2022 Supplies O'Reilly Automotive Inc 700-0000-4120 39.13 8/4/2022 Supplies O'Reilly Automotive Inc 101-1320-4120 -9.80 8/4/2022 Supplies - Return O'Reilly Automotive Inc 101-1310-4140 48.50 8/4/2022 Supplies O'Reilly Automotive Inc 101-1550-4140 85.49 8/4/2022 Supplies O'Reilly Automotive Inc 101-1550-4140 11.27 8/4/2022 Supplies O'Reilly Automotive Inc 101-1320-4120 14.69 8/4/2022 Supplies 200.15 8/4/2022 O'Reilly Automotive Inc 200.15 Panera Bread 101-1110-4372 203.58 6/16/2022 council workshop 203.58 6/16/2022 Panera Bread 203.58 Party City 101-1612-4130 38.66 6/16/2022 Easter Supplies : Goodie bags 38.66 6/16/2022 Party City 38.66 Pine Products Inc 700-0000-4150 154.00 8/11/2022 Black Dirt 154.00 8/11/2022 Pine Products Inc 154.00 Postmaster 700-0000-4330 14.15 6/16/2022 AA Mail Water Samples AP - Check Detail-ACH (8/16/2022)Page 18 of 26 103 Last Name Acct 1 Amount Check Date Description Postmaster 101-1120-4330 13.70 6/16/2022 ship maple leaf award to former EC commissioner chappell Postmaster 701-0000-4551 9.70 6/16/2022 AA Utilities Return 37.55 6/16/2022 Postmaster 37.55 Prairie Restorations, Inc 720-7202-4130 39.73 6/16/2022 Arbor Day supplies 39.73 6/16/2022 Prairie Restorations, Inc 39.73 PRECISE MRM LLC 101-1320-4300 273.00 8/11/2022 2022-06 Subscription 273.00 8/11/2022 PRECISE MRM LLC 273.00 Premium Waters, Inc 101-1550-4120 66.39 8/11/2022 Water Premium Waters, Inc 101-1550-4120 4.00 8/11/2022 Water 70.39 8/11/2022 Premium Waters, Inc 70.39 Pro-Tec Design, Inc.101-1370-4510 229.50 8/4/2022 Service Work - Wash Bay Door 229.50 8/4/2022 Pro-Tec Design, Inc. 229.50 Quality Flow Systems Inc 701-0000-4530 1,488.00 8/4/2022 KSB impeller 1,488.00 8/4/2022 Quality Flow Systems Inc 701-0000-4551 691.86 8/11/2022 Gasket AP - Check Detail-ACH (8/16/2022)Page 19 of 26 104 Last Name Acct 1 Amount Check Date Description 691.86 8/11/2022 Quality Flow Systems Inc 2,179.86 RealTruck.com 101-1320-4140 -27.88 6/16/2022 CS Refund for Tax -27.88 6/16/2022 RealTruck.com -27.88 Remarkable Oslo 101-1120-4300 7.99 6/16/2022 Membership 7.99 6/16/2022 Remarkable Oslo 7.99 Rent N Save Portable Services 101-1550-4400 5,389.20 8/4/2022 Portable restrooms 5,389.20 8/4/2022 Rent N Save Portable Services 101-1550-4400 5,389.20 8/11/2022 Portable Restrooms Rent N Save Portable Services 101-1550-4400 5,389.20 8/11/2022 Portable Restrooms 10,778.40 8/11/2022 Rent N Save Portable Services 16,167.60 Sam's Club 101-1560-4300 149.10 6/16/2022 Lunch Food supplies for MN Rd Trip - Soup Salad Luncheon 149.10 6/16/2022 Sam's Club 149.10 Southwest Rental and Sales 701-0000-4410 -4.00 6/16/2022 JJ Refund for Tax Paid -4.00 6/16/2022 AP - Check Detail-ACH (8/16/2022)Page 20 of 26 105 Last Name Acct 1 Amount Check Date Description Southwest Rental and Sales -4.00 Stratoguard, LLC 101-1160-4205 185.60 6/16/2022 ProofPoint Email Filter Service May 185.60 6/16/2022 Stratoguard, LLC 185.60 Sun Life Financial 700-0000-2037 158.64 8/11/2022 Life Insurance Sun Life Financial 101-0000-2011 556.40 8/11/2022 Life Insurance Sun Life Financial 210-0000-2011 8.42 8/11/2022 Life Insurance Sun Life Financial 701-0000-2037 158.64 8/11/2022 Life Insurance Sun Life Financial 701-0000-2011 27.51 8/11/2022 Life Insurance Sun Life Financial 720-0000-2011 25.27 8/11/2022 Life Insurance Sun Life Financial 101-0000-2011 17.03 8/11/2022 Life Insurance - Cobra Sun Life Financial 101-0000-2037 864.84 8/11/2022 Life Insurance Sun Life Financial 700-0000-2011 42.80 8/11/2022 Life Insurance 1,859.55 8/11/2022 Sun Life Financial 1,859.55 Target 720-7202-4130 24.85 6/16/2022 Arbor Day supplies Target 101-1550-4120 11.00 6/16/2022 GB Park Shed Water (Restock) 35.85 6/16/2022 Target 35.85 TENNANT 700-0000-4120 118.80 8/11/2022 Strainer 118.80 8/11/2022 TENNANT 118.80 The Business Journal 101-1120-4360 160.00 6/16/2022 Membership AP - Check Detail-ACH (8/16/2022)Page 21 of 26 106 Last Name Acct 1 Amount Check Date Description 160.00 6/16/2022 The Business Journal 160.00 Tide Dry Cleaners 101-1612-4130 29.22 6/16/2022 Bunny costume cleaning 29.22 6/16/2022 Tide Dry Cleaners 29.22 TWIN CITY SEED CO.720-7207-4150 149.60 8/4/2022 Straw Blanket 149.60 8/4/2022 TWIN CITY SEED CO. 149.60 U of M Contlearning 101-1320-4370 50.00 6/16/2022 AA Dale Larsen Tree Inspector Certification U of M Contlearning 101-1250-4370 265.00 6/16/2022 Online Training Eric Tessman 315.00 6/16/2022 U of M Contlearning 315.00 Uber 101-1120-4370 8.63 6/16/2022 Error - Personal charge on city credit card Uber 101-1120-4370 29.88 6/16/2022 Error - Personal charge on city credit card Uber 101-1120-4370 11.63 6/16/2022 Error - Personal charge on city credit card Uber 101-1120-4370 12.93 6/16/2022 Error - Personal charge on city credit card Uber 101-1120-4370 11.93 6/16/2022 Error - Personal charge on city credit card 75.00 6/16/2022 Uber 75.00 Universal Athletic Services, Inc.101-1731-4130 1,693.14 8/4/2022 Tee Shirts Universal Athletic Services, Inc.101-1534-4127 1,420.00 8/4/2022 Duffel Bags AP - Check Detail-ACH (8/16/2022)Page 22 of 26 107 Last Name Acct 1 Amount Check Date Description 3,113.14 8/4/2022 Universal Athletic Services, Inc. 3,113.14 USABlueBook 700-7019-4120 649.74 6/16/2022 JC EWTP/WWTP Water Level Meter USABlueBook 700-7043-4160 857.42 6/16/2022 MW WWTP Chemicals USABlueBook 700-7043-4160 947.57 6/16/2022 MW WWTP Chemicals USABlueBook 700-0000-4260 61.23 6/16/2022 JC Rod Key 2,515.96 6/16/2022 USABlueBook 2,515.96 Victoria Rose Floral 101-1110-4300 82.39 6/16/2022 Funeral Plant for Amy Weidmans Dad 82.39 6/16/2022 Victoria Rose Floral 82.39 Water Conservation Services, Inc.700-0000-4300 799.38 8/11/2022 Leak Detection 799.38 8/11/2022 Water Conservation Services, Inc. 799.38 WATSON COMPANY 101-1540-4130 419.30 8/4/2022 Supplies WATSON COMPANY 101-1620-4130 60.78 8/4/2022 Supplies 480.08 8/4/2022 WATSON COMPANY 101-1540-4130 665.03 8/11/2022 Supplies 665.03 8/11/2022 WATSON COMPANY 1,145.11 WAYTEK INC 700-0000-4140 98.77 8/4/2022 Supplies AP - Check Detail-ACH (8/16/2022)Page 23 of 26 108 Last Name Acct 1 Amount Check Date Description 98.77 8/4/2022 WAYTEK INC 98.77 Witmer Public Safety Group, Inc 101-1220-4142 334.12 6/16/2022 Witmer Ladder Belt & Single Jacket Hose 334.12 6/16/2022 Witmer Public Safety Group, Inc 334.12 WM MUELLER & SONS INC 420-0000-4150 480.50 8/4/2022 Materials WM MUELLER & SONS INC 700-0000-4150 272.00 8/4/2022 Materials 752.50 8/4/2022 WM MUELLER & SONS INC 420-0000-4150 76.74 8/11/2022 Materials WM MUELLER & SONS INC 420-0000-4150 143.22 8/11/2022 Materials WM MUELLER & SONS INC 700-0000-4150 288.00 8/11/2022 Materials 507.96 8/11/2022 WM MUELLER & SONS INC 1,260.46 WSB & ASSOCIATES INC 101-1110-4300 2,481.00 8/4/2022 2022 Parks Referendum Task Force 2,481.00 8/4/2022 WSB & ASSOCIATES INC 601-6047-4300 188.00 8/11/2022 2021 City Pavement Rehab WSB & ASSOCIATES INC 101-1310-4300 52.00 8/11/2022 2022 GIS/AMS Support WSB & ASSOCIATES INC 701-0000-4300 52.00 8/11/2022 2022 GIS/AMS Support WSB & ASSOCIATES INC 720-7025-4300 2,517.00 8/11/2022 2021 Pond Maintenance Project WSB & ASSOCIATES INC 700-0000-4300 52.00 8/11/2022 2022 GIS/AMS Support WSB & ASSOCIATES INC 720-0000-4300 3,205.00 8/11/2022 2022 Water Resource Support Services WSB & ASSOCIATES INC 601-6046-4300 309.25 8/11/2022 Lake Lucy Road Rehab WSB & ASSOCIATES INC 720-0000-4300 52.00 8/11/2022 2022 GIS/AMS Support WSB & ASSOCIATES INC 601-6040-4300 20,517.01 8/11/2022 Galphin Blvd Improvment Project WSB & ASSOCIATES INC 101-1320-4300 52.00 8/11/2022 2022 GIS/AMS Support AP - Check Detail-ACH (8/16/2022)Page 24 of 26 109 Last Name Acct 1 Amount Check Date Description 26,996.26 8/11/2022 WSB & ASSOCIATES INC 29,477.26 Wyndham Hotels and Resorts 101-1220-4381 200.77 6/16/2022 hotel for two day DHS training out of town Nutter Wyndham Hotels and Resorts 101-1220-4381 195.25 6/16/2022 hotel for DHS training out of town Fatturi 396.02 6/16/2022 Wyndham Hotels and Resorts 396.02 XCEL ENERGY INC 101-1600-4320 14.61 8/4/2022 Monthly Service XCEL ENERGY INC 101-1350-4320 -3.80 8/4/2022 Monthly Service XCEL ENERGY INC 101-1350-4320 20,978.16 8/4/2022 Monthly Service XCEL ENERGY INC 101-1350-4320 33.60 8/4/2022 Monthly Service XCEL ENERGY INC 700-7043-4320 11,061.60 8/4/2022 Monthly Service XCEL ENERGY INC 101-1350-4320 27.60 8/4/2022 Monthly Service XCEL ENERGY INC 700-0000-4320 91.66 8/4/2022 Monthly Service XCEL ENERGY INC 700-0000-4320 825.47 8/4/2022 Monthly Service XCEL ENERGY INC 101-1350-4320 29.61 8/4/2022 Monthly Service XCEL ENERGY INC 101-1350-4320 27.60 8/4/2022 Monthly Service XCEL ENERGY INC 101-1600-4320 34.42 8/4/2022 Monthly Service XCEL ENERGY INC 701-0000-4320 -13.92 8/4/2022 Monthly Service XCEL ENERGY INC 101-1600-4320 373.58 8/4/2022 Monthly Service 33,480.19 8/4/2022 XCEL ENERGY INC 101-1350-4320 75.14 8/11/2022 Monthly Service XCEL ENERGY INC 101-1350-4320 -10.46 8/11/2022 Monthly Service 64.68 8/11/2022 XCEL ENERGY INC 33,544.87 YSI 700-7019-4120 738.70 6/16/2022 JJ EWTP Raw Sensor 738.70 6/16/2022 AP - Check Detail-ACH (8/16/2022)Page 25 of 26 110 Last Name Acct 1 Amount Check Date Description YSI 738.70 Zoom 101-1160-4207 85.90 6/16/2022 Monthly Zoom Webinar charge Rec Center Admin 85.90 6/16/2022 Zoom 85.90 Zynnovation, LLC 720-7202-4130 983.76 6/16/2022 Tree planting supplies 983.76 6/16/2022 Zynnovation, LLC 983.76 872,947.10 AP - Check Detail-ACH (8/16/2022)Page 26 of 26 111 City Council Item August 22, 2022 Item Adopt Updated Non-DOT Drug Testing and Drug Free Workplace Policy for City Employees to Incorporate the New THC Law File No.Item No: D.5 Agenda Section CONSENT AGENDA Prepared By Matt Unmacht, Assistant City Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts the August, 2022 Updated Non-DOT Drug Testing and Drug Free Workplace Policy." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY BACKGROUND In March 2022, the City updated it's Drug and Alcohol Policies for City Employees. Two policies were approved by City Council, one entitled DOT Drug and Alcohol Testing for Commercial Drivers Policy and the other titled Non-DOT Drug and Alcohol Testing Policy. These updates were made to come into compliance with changes in Minnesota law made in 2020. The policies were developed based on the League of Minnesota Cities model policies and reviewed by the City Attorney. In July of 2022, a new law was adopted by the State of Minnesota which made certain THC edibles legal. The bulk of the updates are minor and include wording and definition changes. More information will be coming from the League of Minnesota Cities with regards to drug testing protocol and how it relates to this new law; however, the League has encouraged enrolling employees, specifically 112 supervisors, in Reasonable Suspicion training. City employees with supervisory responsibility completed a Reasonable Suspicion training in May of 2022. These updates are only necessary for the Non-DOT Drug and Alcohol Testing Policy because commercial drivers are still subject to federal law, and these THC edibles are not legal at the federal level at this time. As with the previous updates, this update was based on the League of Minnesota Cities model policies and reviewed by the City Attorney. This policy, and the DOT policy which is not getting updated, shall be incorporated as appendixes to the Personnel Policy in a future update of that document. DISCUSSION BUDGET N/A RECOMMENDATION Staff recommends the City Council adopt the August 2022 Non-DOT Drug Testing and Drug Free Workplace Policy, which will replace the 2022 Non-DOT Drug Testing and Drug Free Workplace Policy. ATTACHMENTS Non-DOT Drug Testing and Drug-Free Workplace 2022 Cannabis Update 113 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 1 City of Chanhassen, Minnesota Drug and Alcohol Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers (Non-DOT) Purpose and Objectives The City of Chanhassen (“City”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The City of Chanhassen does not intend to intrude into the private lives of its employees, but strongly believes that a drug- and alcohol-free workplace is in the best interest of employees and the public alike. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. The City of Chanhassen’s Drug and Alcohol Testing Non-DOT policy has been established for the purpose of providing a safe workplace for all. City employees required to hold a commercial driver’s license by the United States Department of Transportation (“DOT”) for their job will be tested under the City’s Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the “DOT Policy”). All other employees offered employment with the city must undergo testing as described by this policy. To ensure the policy is clearly communicated to all employees and to comply with state law, employees are required to review this policy and sign the “policy acknowledgement.” Persons Subject to Testing and Circumstances Under Which Testing May Be Required (1) Reasonable Suspicion Testing: Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and drug testing when reasonable suspicion exists to believe that the employee: • Is under the influence of alcohol or a drug; or • Has violated written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol while working, while on city property, or while operating city vehicles, machinery or any other type of equipment; or • Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has caused another employee to sustain an injury or; • Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a drug or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the 114 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 2 city’s policies concerning alcohol or drugs may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. For off-site collection, employees will be driven to the employer-approved medical facility by their supervisor or a designee. For an on-site collection service, the employee will remain on site and be observed by the supervisor or designee. The medical facility or on-site collection service will take the urine or blood sample and will forward the sample to an approved laboratory for testing. Pursuant to the requirements of the Drug-Free Workplace Act of 1988, all City employees, as a condition of continued employment, will agree to abide by the terms of this policy and must notify the Assistant City Manager of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. If required by law or government contract, the City will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. (2) Treatment Program Testing: In accordance with Minn. Stat. § 181.951, subd. 6., the City may request or require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan. In such a case, the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. Refusal on Religious Grounds: An employee who, on religious grounds, refuses to undergo drug or alcohol testing of a blood sample will not be considered to have refused testing, unless the employee also refuses to undergo drug or alcohol testing of a urine sample. Cost of Required Testing: The City will pay for the cost of all drug and alcohol testing requested or required of all employees, except for confirmatory retests. Employees are responsible for paying for all costs associated with any requested confirmatory retests. Prohibition against Drugs and Alcohol Use and Possession of Alcohol or Drug(s): Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, or drug paraphernalia while on duty; is on City premises; while operating any City vehicle, machinery, or equipment; or when performing any city business, except (1) pursuant to a valid medical prescription used as properly instructed; (2) the use of over-the-counter drug used as intended by the manufacturer; or (3) when necessary for approved law enforcement activity. The City’s zero-tolerance policy for the use or possession of alcohol, drugs, or misused prescription drugs includes by employees on the worksite and employees who are “on call.” The 115 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 3 policy also prohibits the use, possession of, or impairment by any cannabinoid or medical cannabinoid products for these on-site or on call employees. Such products may include edibles, beverages, hash oils, pills, or other cannabinoids. Having a medical marijuana card, patient registry number, and/or cannabis prescription from a physician does not allow anyone to use, possess, or be impaired by that drug here. Likewise, the fact that cannabinoids may be lawfully purchased and consumed in some circumstances does not permit an employee to use, possess, or be impaired by them on City premises. The federal government still classifies marijuana as an illegal drug, even though some states, including Minnesota, have decriminalized its possession and use in certain circumstances. There is no acceptable concentration of marijuana metabolites in the blood or urine of an employee who operates City equipment or vehicles or who is on the City’s premises. Employees are still subject to being tested under our drug and alcohol testing policy. And employees are subject to being disciplined, suspended, or terminated after testing positive for cannabinoids if the employee used, possessed, or was impaired by cannabinoid products, including medical cannabis, while on the premises of the place of employment or during the hours of employment. While Impaired of Alcohol or Drug(s): Employees are prohibited from being under the influence of alcohol or drugs or having a detectable amount of an illegal drug in the blood or urine when reporting for work; while on duty; is on the City’s premises; while operating any city vehicle, machinery, or equipment; or when performing any City business, except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over-the-counter drug used as intended by the manufacturer. Driving While Impaired: A conviction of driving while impaired in a City-owned vehicle at any time during business or non-business hours, or in an employee-owned vehicle while conducting city business, may result in discipline, up to and including discharge. Criminal Drug Convictions: Any employee convicted of any criminal drug statute must notify his or her supervisor and the Assistant City Manager in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a drug-related conviction, the City will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. In accordance with the Federal Drug-Free Workplace Act of 1988, if the City is receiving federal grants or contracts of over $25,000, the City will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. Failure to Disclose Lawful Drug: Employees taking a lawful drug, including prescription and over-the-counter drug, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or 116 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 4 others, must advise their supervisor of this before beginning work. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. Review and Notification of Test Results Notification of Negative Test Results: In accordance with Minn. Stat. § 181.953, the city will notify the employee of a negative drug and/or alcohol result within three days of receipt of result by the city. A “Negative Test Results Notification” form will be sent to the employee, and he or she may request a copy of the test result report from (Assistant City Manager). Notification of Positive Test Results: In the event of a confirmed positive blood or urine alcohol and/or drug test result, the city will notify the employee of a positive drug and/or alcohol result within three days of receipt of the result. The Assistant City Manager will send to the employee a “Positive Test Results Notification” letter containing further instructions. The employee may contact the Assistant City Manager to request a copy of the test result report if desired. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the City within three working days of the confirmatory test result. Right to Provide Information after Receiving Test Results: Within three working days after notice of a positive drug or alcohol test result on a confirmatory test, the employee may submit information to the City to explain the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an employee submits information either before a test or within three working days after a positive test result that explains the positive test result, (such as medications the employee is taking), the City will not take an adverse employment action based on that information unless the employee has already been under an affirmative duty to provide the information before, upon, or after hire. Right to Confirmatory Retest: An employee may request a confirmatory retest of the original sample at the employee’s own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the employee must notify the City in writing of the employee’s intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the City will notify the original testing laboratory that employee has requested the laboratory to conduct the confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. The original testing laboratory will ensure the control and custody procedures are followed during transfer of the sample to the other laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain all samples testing positive for a period of six months. The confirmatory retest will use the same drug and/or alcohol threshold detection levels as used in the original confirmatory test. Access to Reports: 117 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 5 In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information contained in his or her personnel file relating to positive test results and to the testing process, including all information gathered as part of that process. Dilute Specimens: A negative or positive dilute test result (following a second collection) which has been confirmed will subject an employee to immediate termination. Consequences for Employees Engaging in Prohibited Conduct • No Adverse Action without Confirmatory Test. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. • Suspension Pending Test Result. The City may temporarily suspend a tested employee with or without pay, or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. The employee will be asked to return home and will be provided appropriate arrangements for return transportation to his or her residence. In accordance with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. Discipline and Discharge: Confirmatory Positive Test Result: The City will not discharge an employee for a first confirmatory positive test unless the following conditions have been met: • The City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation by the employee in any recommended substance abuse treatment program will be at the employee’s own expense or pursuant to the coverage under an employee benefit plan. The certified chemical use counselor or physician trained in the diagnoses and treatment of chemical dependency will determine if the employee has followed the rehabilitation program as prescribed; and • The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a refusal to test or positive test result on a confirmatory test after completion of the program. Other Misconduct: Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds other than a positive confirmatory test result, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other city personnel policies. 118 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 6 Emergency Call Back to Work Provisions: If an employee is called out for a City emergency and he or she reports to work and is suspected of being under the influence of drugs or alcohol, he or she will not be subject to the testing procedures of this policy, but may be subject to discipline and will not be allowed to work. Appropriate arrangements for return transportation to the employee’s residence will be made. It is the sole responsibility of the employee who is under the influence of alcohol and/or drugs and who is called out for a City emergency, to notify his or her supervisor of this information and advise if he or she is unable to respond to the emergency call back. Non-Discrimination The City of Chanhassen policy on work-related substance abuse is non-discriminatory in intent and application; however, in accordance with Minn. Stat., ch. 363, disability does not include conditions resulting from alcohol or other drug abuse which prevents an employee from performing the essential functions of the job in question or constitutes a direct threat to property of the safety of individuals. Furthermore, the City will not retaliate against any employee for asserting his or her rights under this policy. City’s Employee Assistance Program The City has in place a formal employee assistance program (EAP) to assist employees in addressing serious personal or work-related problems at any time. The City’s EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have an alcohol or other drug abuse problem are encouraged to seek assistance before a problem affects their employment status. Employee assistance program services are available by contacting Sand Creek EAP at 888-243-5744. Policy Contact for Additional Information If you have any questions about this policy or the City’s drug and alcohol testing procedures, you may contact the Assistant City Manager. By this policy, the City of Chanhassen has established a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace and its policy of maintaining a drug-free workplace. Each City employee will receive a copy of this policy and will be required to read it. Definitions Alcohol: Means the intoxicating agent in beverage alcohol or any low molecular weight alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer, wine, spirits, and medications or products such as cough syrup that contain alcohol. Alcohol use or usage: Means the consumption of any beverage, mixture, or preparation, including any medication or products containing alcohol. City: Means the City of Chanhassen. 119 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 7 City premises: Means, but is not limited to, all City job sites and work areas. For the purposes of this policy, city premises also includes any other locations or modes of transportation to and from those locations while in the course and scope of employment of the City. City vehicle: Means any vehicle which employees are authorized to use solely for City business when used at any time; or any vehicle owned or leased by the City when used for City business. Collection site: Means a place designated by the City where employees present themselves for the purpose of providing a specimen of their breath, urine, and/or blood to be analyzed for the presence of drugs and alcohol. Confirmatory test: Means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample, and that uses a method of analysis allowed under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Drug: Includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, and also includes all cannabinoids, including those that are lawfully available for public consumption that do not otherwise qualify as being a “controlled substance” as defined in Minn. Stat. §154.01, subd. 4. Drug and alcohol testing, drug or alcohol testing, and drug or alcohol test: Mean an analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, subd.1, for the purpose of measuring their presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug paraphernalia: Has the meaning set forth in Minn. Stat. § 152.01, subd. 18. Employee: Means a person who performs services for compensation for the City and includes independent contractors except where specifically noted in this policy. Initial screening test: Means a drug or alcohol test that uses a method of analysis under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Positive test result: Means a finding of the presence of alcohol, drugs, or their metabolites that exceeds the cutoff levels established by the City. Minimum threshold detection levels are subject to change as determined in the City’s sole discretion. Random selection basis: Means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. Reasonable suspicion: Means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. 120 City of Chanhassen 3/21/2022 Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act Page 8 Safety-sensitive position: Means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. Under the influence: Means (1) the employee tests positive for alcohol or drugs, or (2) the employee’s actions, appearance, speech, and/or bodily odors reasonably cause the City to conclude that the employee is impaired because of drug use or alcohol use. 121 City Council Item August 22, 2022 Item Approve Temporary Modification of the Licensed Premises to serve Beer in the Chanhassen Brewing Company Parking Lot Area File No.Item No: D.6 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION “The Chanhassen City Council approves a temporary modification to the licensed premises of Chanhassen Brewing Company located at 951 West 78th Street, to extend the licensed premises of the Brewery from the previously approved outdoor patio and parking lot area to include the parking lot area on the north side of the building, for the purpose of serving beer during the Oktoberfest Event scheduled for September 24 and 25, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY Chanhassen Brewing Company has submitted a Special Event Permit Application to hold an Oktoberfest outdoor event on their property on September 24 and 25, 2022. As part of the event, the Brewery is requesting expansion of their licensed premises from the previously approved patio and parking lot area to include the parking lot area on the north side of the building. BACKGROUND Chanhassen Brewing Company currently holds a Brewer off-sale and an on-sale and Sunday Brewer Taproom liquor license. The licensed premises currently consists of the building including the outdoor patio and a portion of the parking lot on the west side of the building. In order to expand the outdoor 122 area to serve alcohol in the parking lot for their special event on September 24 and 25, 2022, Chanhassen Brewing Company is requesting that the City Council grant a temporary modification to expand the licensed premises to include the north parking lot area. DISCUSSION In order to expand liquor service beyond the current licensed premises (building, patio and a portion of the westerly parking lot area) to include the northerly parking lot, Chanhassen Brewing Company is requesting the City Council grant a temporary modification to the licensed premises to include the northerly parking lot with the following conditions: 1. The applicant must apply for and receive a permit through the temporary outdoor event ordinance from the City for the expanded seating area. 2. The applicant must provide a specific diagram of the area in which the temporary modification to the licensed premises is to occur. The diagram must indicate how the area will be physically enclosed and the location of tables, chairs, food and beverage stations, and any other important features. 3. The applicant must submit proof of the necessary liquor liability insurance coverage for the expanded serving area. BUDGET RECOMMENDATION Staff recommends that the City Council approve Chanhassen Brewing Company's request to expand the outdoor of the licensed premises to include the northerly portion of the parking lot. ATTACHMENTS Event Map 123 fi, i )l )t )t i 1 ! i 1 i *t l c*Nahq*** IIIIIIttl i r,o tr T.-+ (,.'vL?1O- '21;K\' 4 } U,JO /;-" rd,',' 2G\HYt rX'y'+ ) N',b lo s4-D J' At- (n ,f,)i *-r+('TLn: ,o*i{ +F^-?iu-ot)I\^<.sFf =SJl'fidJ ,tlr\t-o &t\ p.;f >A -l-+-O d5_ /bo 6 -1 I i I I I I I I I j I i I i ! I I I I, I t I \ J rl* $F "t" s * *t* 888 6 r4 I *e I* #{ xEI* * 124 City Council Item August 22, 2022 Item Terminate Contract between the City of Chanhassen and Hufcor, Inc. for the Chanhassen Recreation Center Community Room Wall Project File No.Item No: D.7 Agenda Section CONSENT AGENDA Prepared By Jerry Ruegemer, Park and Recreation Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council authorizes termination of the contract between the City of Chanhassen and Hufcor, Inc. for the Chanhassen Recreation Center Community Room Wall Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Staff is recommending City Council terminate the contract between the City of Chanhassen and Hufcor, Inc. based on failure to communicate with the City of Chanhassen and the failure to complete the installation of new meeting room walls at the Chanhassen Recreation Center in a timely manner. BACKGROUND Replacement of the original 1995 Recreation Center operable walls was scheduled for 2021 as a part of Chanhassen’s Capital Improvement Program. Chanhassen City Council approved the contract with Hufcor on March 22, 2021. After an architectural code study, a structural engineering study, and obtaining a Chanhassen Building Department permit, Hufcor started the project. Wall and track removal of the three moveable walls occurred in June 2021 and new ceiling tracks were 125 installed and the soffits concealing the track system were rebuilt and painted. With the original divider walls removed there was no separation between any of the community rooms. Program and rental use was extremely limited which made it difficult to satisfy the needs of our customers. The wall replacement project was initially set to be complete by the end of September, 2021. Due to manufacturing delays, a temporary wall was installed between rooms 3 and 4 on September 23, 2021. The new replacement manufactured walls were delivered December 22, 2021 and the temporary wall removed. At that time, it was discovered that the new wall between rooms 2 and 3 was manufactured approximately 10” short and the end panel of the wall between room 1 and 2 was also short. The installed walls also had bubbling in the wall coverings. Hufcor issued an invoice on December 29, 2021 in the amount of $33,907 for material and labor for the two walls that were installed. The City to date has not issued payment, as the work was incomplete and unsatisfactory. There have been numerous phone calls, voicemails and emails to the Project Manager, Brian Nenovich and Service Sales Manager, Bob Simonette since that time. No time estimates were given for the correction and completion of the remaining walls. Throughout this process, there has been poor communication between Hufcor and our Recreation Center Manager, Jodi Sarles. Seventeen emails and seventeen voicemails were unanswered between December 2021 and June 3, 2022. Scheduled installations were postponed, and project information was not communicated. On June 6, 2022, Hufcor Project Manager, Brian Nenovich, informed Jodi Sarles via telephone that Hufcor has ceased global operations. Under advisement from City Attorney Andrea McDowell Poehler, a certified letter was mailed to Hufcor’s corporate office in Janesville, WI on June 7, 2022. This requested a project completion timeline and confirmation to be returned by June 14, 2022. No response has been issued to date. Voicemails and emails have not been returned and the local Hufcor office phone number is not answered. Under advisement of Andrea McDowell Poehler, an action by City Council to terminate the contract with Hufcor is now requested. DISCUSSION The Chanhassen Recreation Center still is not realizing its full rental and operational potential with the incompletion of the wall project. The City will likely need to start this project over and seek another wall manufacturing contractor to complete the scope of the project. The remaining balance of the CIP budget not paid out will be applied towards the wall completion. BUDGET CIP Budget - $80,000 Hufcor Awarded Contract - $67,600 Payments from the original $67,600 proposal/contract: July 9, 2021 $16,125 (Removal of old track and install of new track system) August 31, 2021 $ 3,240 (soffit repair & painting) Total Payments To Date $19,365 *December 29, 2021 $33,907 - Invoice hasn't been paid due to lack of performance and completion of wall system 126 *Outstanding contract balance - $48,235 RECOMMENDATION Staff recommends that City Council authorize termination of the contract between the City of Chanhassen and Hufcor, Inc. for the Chanhassen Recreation Center Community Room Wall Project. ATTACHMENTS Hufcor Contract Hufcor Invoice 6-29-21 Hufcor Invoice 8-25-21 Hufcor Invoice 12-29-21 (Not Paid) 127 128 129 130 131 City Council Item August 22, 2022 Item Approve Revised Joint Powers Agreement between the City of Chanhassen and Independent School District 112 for the Chanhassen Recreation Center and Bluff Creek Elementary School File No.Item No: D.8 Agenda Section CONSENT AGENDA Prepared By Jerry Ruegemer, Park and Recreation Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the revised Joint Powers Agreement between the City of Chanhassen and Independent School District 112 for the Chanhassen Recreation Center and Bluff Creek Elementary School." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY The City of Chanhassen and the Schools of Eastern Carver County entered in a Lease Agreement and Joint Powers Agreement in 1994 prior to the Chanhassen Recreation Center and Bluff Creek Elementary School facility opening. Since the original agreements were established, there have been no updates made to reflect current practices. After meetings with both parties and reviews by the City of Chanhassen and District 112’s attorneys, a new revised Joint Powers Agreement has been developed. BACKGROUND In 1995 the Chanhassen Recreation Center and Bluff Creek Elementary opened a joint facility. Initially, it was established that each party would operate separately and split utility and capital expenses based on square footage of facility (City 24%, School District 76%). It was discovered there were 132 inefficiencies with having two entities provide separate exterior and interior service on the grounds. Both parties agreed that the public would benefit if the City of Chanhassen provided all exterior maintenance including mowing, snow plowing, irrigation management and all other upkeep of the facility's exterior, and District 112 would provide interior maintenance, garbage and janitorial services. The facility has been operating with this arrangement for over 20 years. Discussions to formalize and revise the Joint Powers Agreement began in December 2021 with the intention to create a document that reflects current facility practices. City Attorney Andrea McDowell Poehler drafted the agreement which details each party’s responsibilities, updates required insurance, and establishes operating and capital budget timelines as each organization is on a different budget cycle. At there July 18th School Board meeting District 112 approved the revised agreement and fully endorsed the collaboration between our public agencies. DISCUSSION BUDGET RECOMMENDATION Staff recommends the Chanhassen City Council approve the revised Joint Powers Agreement between the City of Chanhassen and Independent School District 112 for the Chanhassen Recreation Center and Bluff Creek Elementary School. ATTACHMENTS Rec Center Blueprint 2022 Rec Center - Bluff Creek Elementary Map Joint Powers Agreement ISD 112 Elementary School and Recreation Center 133 District Facility Gymnasium Dance Studio Fitness Room Meeting Rooms Locker Rooms/ Restrooms Office Lobby Conference RoomHwy5 Coulter Blvd ST15 SA5 Galpin BlvdDocument Path: K:\Departments\Parks\Rec Center\Rec Center Location\Rec Center Location.aprxDate Created: 5/18/2022 Created By: City of Chanhassen - Engineering Department µ0 0.02 Mile 0 125 Feet Rec Center / Bluff Creek Elementary (ISD 112) City of Chanhassen 134 W a te rle a fL n W P r a iri e F l o we r Bl vdBlueb o n n et Blvd B lu e S a g e L n WButtercupCtW 7 8 t h S t Ladysl ipper Ln Hwy 5 Timberwood Dr Coulter Blvd ST15 SA5SA5 Galpin BlvdGH117 Document Path: K:\Departments\Parks\Rec Center\Rec Center Location\Rec Center Location.aprxDate Created: 5/18/2022 Created By: City of Chanhassen - Engineering Department µ0 0.04 Mile 0 230 Feet Rec Center / Bluff Creek Elementary (ISD 112) City of Chanhassen Legend City of Chanhassen Rec Center Bluff Creek Elementary (ISD 112) Parcel Boundaries District Property City Property School Parking Lot City Parking Lot 135 1 220659v10 JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT made this ________ day of ____________________, 2022, (“Agreement”) by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“City”) and INDEPENDENT SCHOOL DISTRICT NO. 112, an independent school district under the laws of Minnesota (“District”). RECITALS A.The City is the fee owner of the real property legally described as Lot 2, Block 1, Bluff Creek Addition, Carver County, Minnesota, according to the recorded plat thereof (the “City Property”), on which it operates a public park in connection with the Recreation Facility (as defined herein), which public park includes parking and city recreational fields, a warming house and a picnic shelter. B.The District is the fee owner of real property legally described as Lot 1, Block 1, Bluff Creek Addition, Carver County, Minnesota, according to the recorded plat thereof (the “District Property”), which it purchased from the City in 1994. C.The City Property and District Property are contiguous. D.Pursuant to a Joint Powers agreement dated April 14, 1994, the City and the District jointly constructed structures and improvements on the District Property, which included a building consisting of a District elementary school (“School Facility”) and a City recreation center, commonly known as the “Chanhassen Recreation Center” (“Recreation Facility”) together with outdoor recreational facilities on the City Property and District Property, all as depicted on the Exhibit attached hereto as Exhibit A (collectively, the Recreation Facility and the School Facility are referred to herein as the “Joint Facility”). E.The City financed the Recreation Facility and the District financed the School Facility. F.Pursuant to a Lease Agreement dated April 14, 1994 (“Lease”), the District leased a portion of the District Property to the City for the Recreation Facility. G.The parties desire to terminate the Lease and enter into this Agreement to provide for the mutual long-term use of the Joint Facility and establish the current rights and obligations related to the uses of the Joint Facility and related outdoor recreational areas located on the District Property and the City Property. H.Minn. Stat. § 471.59, et seq. (the “Joint Powers Act”), authorizes the City and District to enter into a joint powers agreement to improve, operate, and maintain recreational facilities pursuant to Minn. Stat. § 471.15, et seq. NOW, THEREFORE,the parties agree as follows: 1.JOINT FACILITY OPERATIONS COMMITTEE. There is hereby established a Joint Facility Operations Committee (“Committee”), the purpose of which is to coordinate the parties’ operation of the Joint Facility in accordance with the terms hereof, including, without limitation, as follows: (i)Oversee budgeting and allocation of costs of utilities for the Joint Facility; (ii)Evaluate insurance needs for the Joint Facility; 136 2 220659v10 (iii)Oversee the mechanical and structural soundness of the Joint Facility; and (iv)Plan improvements to the Joint Facility and determine cost allocations in accordance with the terms hereof. The Committee shall meet at least once every six (6) months. The City and the District shall each appoint three employee representatives to serve on the Committee. The Committee does not constitute a “joint powers board” for purposes of the Joint Powers Act, the Committee shall not have the power to issue bonds or obligations under any law by which City or District may independently issue bonds or proceeds, and the Committee is not a committee of the District or the City for purposes of Minnesota Statutes, Chapter 13D (Open Meetings Act). The Committee is an advisory group with no decision-making powers and shall carry out its purposes set forth above by recommendations to the governing bodies of the District and the City. The Committee may at all times rely on the assistance of District and City staff to carry out its responsibilities hereunder. No meetings of the Committee may be convened without at least two representatives from each of the District and the City. 2.TERM. This Agreement shall terminate on April 13, 2093, unless otherwise extended by mutual agreement of the parties or terminated earlier. Upon the expiration or termination of this Agreement, the City shall own the City Property and the District shall own the District Property (other than the Recreation Facility), each with all repairs and improvements made during the term of this Agreement whether or not financed by the owner. 3.USE OF FACILITIES. A.The District intends to use the School Facility as a school and usual and customary uses associated with a school. The City intends to use the Recreation Facility to provide recreational services to the residents of the City of Chanhassen and other members of the general public. Any change to the foregoing intended uses shall require the consents of the governing bodies of the District and City, which consents shall not be unreasonably, conditioned, delayed, or withheld. To the extent that a use not contemplated above is desired by either party, said party shall notify the other party in writing of the intended use and provide such information as may be requested by the other party. B.Except as otherwise provided in this Agreement, (i) the City will have the sole right to the use of the Recreation Facility and (ii) the District will have the sole right to use the School Facility and nothing herein shall interrupt or interfere with the use and control of the School Facility as a school during normal business hours and all other hours when school-related functions and/or events are scheduled; provided, however, subject to the terms of this Agreement, it is mutually contemplated that each party will make its respective portion of the Joint Facility available for use by the general public and for use by community and civic organizations, in each case, on a consistent basis with other District and City properties made a available for public and/or community use. C.The parties agree that the Joint Facility shall be treated as “school ground” as contemplated by the alcohol control provisions of Minn. Stat. § 624.701; that the District’s alcohol and tobacco policies and regulations, and any additions or amendments thereto, shall apply to the Joint Facility; that the area should be appropriately posted; and that the City may withhold access from groups for alcohol or tobacco violations. The City agrees to enforce applicable statutes and ordinances in and around the Joint Facility in the same manner that the City enforces applicable statutes and ordinances on other park and school property. D.District Use of Recreation Facility. The City shall provide use of the Recreation Facility at no charge to the District for elections, staff trainings, and school concerts and plays. The District shall 137 3 220659v10 provide a schedule of events to be located in the Recreation Facility at the beginning of the school year. Any additional requests for use of the Recreation Facility by the District are subject to reasonable approval of the City representatives of the Committee and availability of the Recreational Facility for the requested use. 4.UTILITY SERVICES. A.Utilities Provided and Percentage Shares of Cost. The District shall provide all utility services to the Recreation Facility. Such services shall include water, sewer, gas, and electricity (“Utilities”). The City’s share of the cost of utilities for billings to the District for Utilities provided to the Joint Facility shall be equal to the percentage of the ratio of the interior square footage of the Recreation Facilities to the interior square footage of the Joint Facility, which the parties hereby agree is currently equal to 24% (“City Share”) The District’s share of cost of Utilities shall be equal to the percentage of the ratio of the interior square footage of the School Facility to the interior square footage of the Joint Facility, which the parties hereby agree is currently equal to 76%(“District Share”). If the interior square footage of the Recreation Facility or the School Facility are adjusted, the City Share and the District Share will be adjusted accordingly. It is the anticipation of the City and District that the City Share will approximate City’s use of Utilities. City or District may, at any time during this Agreement, propose to the Committee a different percentage or share of Utilities cost based upon actual use. The Committee shall consider any such proposal for change to the City Share and make a recommendation to the governing bodies of the District and the City for amendment of this Agreement. Any dispute regarding approximate allocation of Utilities may be submitted to arbitration. In the event this matter is submitted to arbitration, authority of the arbitrator is limited to the year during which the arbitration occurs and the previous calendar year. B.Payment. The District shall invoice the City for the City Share of Utilities on a monthly basis. All utility bills for the prior calendar year must be submitted to the City by February of the following year for payment. The City shall pay invoices within thirty (30) days of receipt. C.Other Services. Each party shall be responsible for the installation, maintenance and costs associated with the following services for the party’s respective facility: telephone, computer systems, security cameras, television and internet services. 5.MAINTENANCE, REPAIR, REPLACEMENT AND IMPROVEMENTS. A.Maintenance. Except as otherwise provided under this Agreement, each party shall be solely responsible for the maintenance and upkeep of their respective facility, including the upkeep and maintenance of all equipment located within their respective facility, and each party shall keep each of the same in good condition and repair. B.Repairs and Replacement. Except as otherwise provided under this Agreement, each party shall be solely responsible for repairs to all equipment, improvements machinery, furnishings and fixtures located within the party’s respective facility. C.Common Major Systems. The District shall be responsible for maintaining, repairing and replacing the Common Major Systems of the Joint Facility, subject to cost reimbursement by the City pursuant to Paragraph 5.D. “Common Major Systems” shall mean the following: Roof System 138 4 220659v10 Exterior Walls Structural Support Systems (including foundation) Electrical Plumbing HVAC Sewer and Water D.Recreation Center Gymnasium and Studio Flooring.The District shall be responsible for the annual recoating of the gymnasium and studio flooring surface located within the Recreation Facility on an as needed basis. The City shall be responsible for the resurfacing of the gymnasium and studio flooring, including sanding, painting and refinishing. E.Notice and Payment. Except as otherwise provided in this subparagraph, the District shall make all repairs and replacement of Common Major Systems to the Joint Facility pursuant to this subparagraph. The City and District shall promptly notify each other and the Committee in writing of the existence or perceived existence of a condition of any Common Major System in need of repair or replacement. The District and the City will make every effort to notify the other party of any Common Major System repairs by June 1st for repairs to be made the following year, in order to be included in the next fiscal year budget. Prior to the commencement of any repairs or work to replace any Common Major System, the City and District shall agree on the proposed course of action to repair or replace a Common Major System, and shall direct the Committee to prepare a recommendation to the governing bodies of the District and the City on how to proceed with repairs or replacement of any Common Major System. Thereafter, the City and District shall agree on the overall cost to complete such repairs or replacement. The City shall be responsible for costs for Common Major System repairs or replacement in a percent amount equal to the City Share. The District shall be responsible for such costs in a percent amount equal to District Share. It is further provided, however, that routine maintenance and minor repairs with an aggregate cost of labor and materials not exceeding Two thousand Dollars ($2,000.00) to Common Major Systems shall be excepted from the notice provisions set forth above, which such amount shall be adjusted for inflation from time-to-time as mutually and reasonably determined by the Committee. Either party may initiate said repairs as needed. The accounting for the City and District for such repairs shall be undertaken by the Committee during December of each year and allocated between the parties based upon the percentages set forth under Paragraph 4.A. It is further agreed and understood that in the event of exigency, emergency repairs to Common Major Systems may be undertaken by either the City or District. F.Improvements. Subject to the provisions of Paragraphs 5.B and 6, any proposed improvements to the Common Major Systems, shall be reviewed by the Committee and presented for approval by of the governing bodies of the District and City. Requests for capital improvements in a fiscal year must be submitted by a party to the Committee by June 1st of the fiscal year preceding the fiscal year in which improvements are to be constructed. The cost allocation for such improvements shall be the same as the percentages provided for under Paragraph 4A. 6.ALTERATIONS AND IMPROVEMENTS TO SEPARATE FACILITIES. Each party shall have the right to alter or improve their respective facility at the party’s sole discretion without notice to or the consent or prior approval of the other party, provided such alterations and improvements (i) are located on the improving party’s respective property, (ii) do not affect the structural or architectural integrity of the Joint Facility and (iii) do not interfere with the use of the other party’s facility. The 139 5 220659v10 alterations affecting part of the Common Major Systems under this Agreement shall require approval of the governing bodies of the District and City, whose consents shall not be unreasonably withheld. 7.FINANCING; MANAGEMENT CONTRACTS. A.Approval of Financing. Upon approval of the governing bodies of the District and City, either the District or the City may issue bonds or obligations to finance improvements to the Joint Facility. Notwithstanding the foregoing, improvements to the School Facility or the Recreation Facility, respectively, pursuant to Paragraph 6, may be financed without notice to or the consent or prior approval of the other party, provided such financing does not relate to improvements to the Common Major Systems, and provided such financing does not mortgage or otherwise impose a lien on the Joint Facility, except if the holder of such mortgage or other lien recognizes the rights of the City under this Agreement. B.Tax-Exempt Obligations; Private Business Use Restrictions. The parties acknowledge that either the City or the District may issue tax-exempt obligations to provide the funds to finance improvements to their own facilities or to the Joint Facility and that the maintenance of the tax-exempt status of any such obligations will depend, in part, on the parties’ compliance with the provisions of this Agreement. Accordingly, the City, the District, and the Committee agree (subject to the provisions of Paragraph 7.C) as follows: 1.That none of the City or the District shall take any action or permit any uses of the Joint Facility that would cause tax-exempt obligations issued by the District or the City, the proceeds of which finance or refinance improvements to the separate District Facility or the Recreation Facility of either party to fail to qualify as tax-exempt bonds, nor omit to take any action necessary to maintain such status; 2.That none of the City or the District shall take any action or permit any uses of the Joint Facility that would cause tax-exempt obligations issued by the District or the City, the proceeds of which finance or refinance improvements to the Joint Facility (the “Joint Facility Obligations”) to fail to qualify as tax-exempt bonds, nor omit to take any action necessary to maintain such status; 3.That the City and the District shall take any action to maintain the status of the Joint Facility Obligations as tax-exempt obligations; 4.That, to assure that the Joint Facility Obligations will not be or become “private activity bonds” within the meaning of 26 U.S.C.A. Section 141 of the Internal Revenue Code of 1986, as amended: (i)The City and the District shall not permit, at any time ten percent (10%) or more (in the aggregate) of that portion of the Joint Facility financed or refinanced with tax-exempt proceeds of Joint Facility Obligations to be used by any person or persons for any private business use (as hereinafter defined) while at the same time the payment of principal of, or the interest on, the Joint Facility Bonds is directly or indirectly (A) secured by any interest in (1) property used or to be used for a private business use or (2) payments made with respect to such property or (B) derived from (1) payments with respect to such property (whether or not made to the parties) or (2) borrowed money used or to be used for private business use. (ii)No portion of the tax-exempt proceeds of Joint Facility Obligations will be used 140 6 220659v10 to make or finance loans to persons other than other governmental units. For purposes of this Agreement, “private business use” means use (directly or indirectly) in a trade or business carried on by any person other than a governmental unit (as hereinafter defined). Use of the Joint Facility as a member of the general public will not be considered a private business use. Any activity carried on by a person other than a natural person shall be treated as a trade or business. Use by an organization which qualifies under 26 U.S.C.A. Section 501(c)(3) of the Internal Revenue Code of 1986, as it may be amended from time to time, shall be considered a private business use and if Joint Facility obligations are issued as 501 (c)(3) bonds the private use under 7.B.4 above shall be limited to five percent (5%). For purposes of this Agreement, “governmental unit” means a political subdivision within the United States, including any political subdivision within the State of Minnesota, but does not mean the United States or any of its governmental branches, departments or agencies. C.Bond Counsel Interpretation. If there is any question about the application of the foregoing restrictions relating to private business uses or loans, the City, the District, and the Committee agree to immediately request assistance from nationally recognized bond counsel prior to permitting any use or entering into any agreement which may be prohibited as provided herein. It shall not be a breach of any of the provisions of Paragraph 7.B if the City or the District take or permit to be taken, or omit to take, any action relating to use of the facilities in consultation with nationally recognized bond counsel. D.Management Contracts. The District or the City may enter into management contracts with third- parties for services involving all, a portion, or any function of the Joint Facility. Such services may include, but are not limited to, maintenance, technology and data services, food services, and janitorial services. Unless otherwise approved by nationally recognized bond counsel, any management contracts for tax-exempt financed portions of the Joint Facility must meet the following conditions: 1.The payments to the service provider under the contract must be reasonable compensation for services rendered during the term of the contract; 2.The management contract must not provide to the service provider a share of net profits from the operation of the Joint Facility. Compensation for services will not be treated as providing a share of net profits or requiring the service provider to bear a share of net losses if the compensation for services is: (a) based solely on a capitation fee, a periodic fixed fee, or a per-unit fee; (b) permitted incentive compensation (eligibility determined by meeting standards measuring quality of services, performance or productivity; or (c) a combination of these types of compensation.; 3.The management contract must not, in substance, impose upon the service provider the burden of bearing any share of net losses from the operation of the Joint Facility; 4.The term of the contract, including all renewal options, is no greater than the lesser of 30 years or 80 percent of the weighted average reasonably expected economic life of the Joint Facility; 5.The City or the District must exercise a significant degree of control over the use of the Joint Facility; 6.The City or the District must bear the risk of loss upon damage or destruction of the Joint Facility; 141 7 220659v10 7.The service provider must agree that it is not entitled to and will not take any tax position that is inconsistent with being a service provider to the District or the City with respect to the Joint Facility; 8.The service provider must not have any role or relationship with the City, District, or Committee that, in effect, substantially limits the City’s or the District’s ability to exercise their rights under the contract, based on all the facts and circumstances. 8.DISTRICT RESPONSIBILITIES. The District’s responsibility for the Joint Facility include the following, to be provided at the District’s sole cost and expense, except as provided below: A.Janitorial Services/Garbage Collection. The District shall be responsible for daily janitorial services for the Joint Facility. The District shall also be responsible for garbage and recyclable collection for the Joint Facility. B.Outdoor Facilities. The District shall be responsible for maintaining and repairing the School Facility playground and outdoor basketball court and any other additional District playgrounds constructed by the District on the District Property. C.Inspections. The District shall be responsible for inspecting all fire alarms, fire extinguishers and automated external defibrillators in the Joint Facility. D.Parking Areas. The District will be responsible for maintaining, repairing and replacing the parking areas and bus loop serving the School Facility, including striping, signage, curb and gutters. E.General Interior Maintenance. The District will be responsible for general interior maintenance of the Joint Facility, including, but not limited to, paint, carpet cleaning, replacement of ceiling tiles, and flooring; provided, however, Common Major Systems and the Recreation Facility gymnasium and studio flooring shall be maintained in accordance with Paragraph 5. 9.CITY RESPONSIBILITIES. A.Outdoor Areas. The City’s responsibility for the outdoor areas located on the District Property and the School Property include the following, to be provided at the City’s sole cost and expense: 1.Providing lawn care services, including mowing, edging, weed prevention, fertilization and trimming. 2.Maintaining the irrigation system. 3.Arbor care, including planting, treating, and removing of trees. 4.Maintaining and repairing the trail system. 5.Coordinating and performing snow and ice removal on streets, parking lots, sidewalks and trails consistent with City policies and giving priority to the foregoing that serve the School Facility on days that school is in session. B.Outdoor Recreation Areas. The City’s responsibility for the outdoor recreation areas located on the District Property and the School Property include the following, to be provided at the City’s sole cost and expense: 142 8 220659v10 1.Maintaining the ballfields, including fencing, dugouts, infields, and field paint. 2.Painting soccer fields. 3.Providing refuse and recycling for the park space. 4.Maintaining tennis and pickle ball courts. 5.Repairing and maintaining hockey rinks and asphalt. 6.Flooding hockey rinks and leisure rinks during the winter season. 7.Providing and maintaining portable restrooms in the outdoor fields. 8.Repairing and maintaining the warming house. 9.Hiring and scheduling warming house attendants. C.Fitness Center In accordance with Paragraphs 5.A and 5.B, the City shall be responsible for managing the Fitness Center and Studio located in the Recreational Facility, and for maintaining the fitness equipment, each at the City’s sole cost and expense: D.Scheduling. The City shall be responsible for scheduling the following: 1.Recreational Facility gymnasium, meeting rooms, fitness center and studio. 2.Outdoor ball fields, soccer fields, ice rinks, and tennis and pickle ball courts. 10.BUDGETS. Each party will be responsible for maintaining a separate budget for their respective facility and property. 11.INSURANCE. A.The City shall maintain general liability 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 this Agreement whether operations are by the City or anyone directly employed by the City. Insurance minimum limits are as follows: $2,000,000 -- per occurrence. $2,000,000 – annual aggregate The City shall name the District as an additional insured on the general liability insurance policy. B.The District shall maintain general liability insurance with 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 this Agreement whether operations are by the District or anyone directly employed by the District. Insurance minimum limits are as follows: $2,000,000 -- per occurrence. 143 9 220659v10 $2,000,000 – annual aggregate The District shall name the City as an additional insured on the general liability insurance policy. C.City and District agree that during the term of this Agreement, the District will purchase and continue in force, in the names of District and City, fire, boiler (if applicable) and extended coverage insurance on the Joint Facility situated on the District Property for the full replacement value thereof. City shall be responsible for payment of a percentage share of all insurance premiums within thirty (30) days of receiving the invoice for the same. The City’s share of insurance premiums shall be a percent amount equal to the City Share. D.District and City hereby grant to each other on behalf of any insurer providing fire and extended coverage to either of them covering the Joint Facility, improvements thereon or contents thereof, a waiver of any right of subrogation any such insurer of one party may acquire against the other by virtue of payment of any loss under such insurance, such waiver to be effective so long as each is empowered to grant such waiver under the terms of its insurance policy or policies involved without payment of additional premiums. Such waiver shall stand mutually terminated as of the date either District or City ceases to be so empowered. Neither party shall have any interest in the proceeds of insurance received by the other party. E.Each party shall furnish the other party a certificate of insurance documenting the required coverage. F.Nothing herein shall be deemed to waive any statutory limits of liability granted to the Parties. G.To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. 12.SUPERVISION/INDEMNIFICATION. A.Supervision. Each party shall be responsible for reasonable supervisions of its own users of the School Facility, Recreation Facility, District Property and City Property. The primary responsibility for any claims for damages or injuries growing out of any accident or occurring during the use of the foregoing shall be borne by the party having responsibility for the supervision of the relevant facility or property at the time of such accident or occurrence. B.City Indemnifies District: The City hereby indemnifies and holds the District harmless from and against any and all claims, demands, liabilities, and expenses, including attorney’s fees, arising from the City’s use of the Joint Facility, District Property, or City Property or from any act permitted, or any omission to act, in or about the Joint Facility, District Property, or City Property by the City or its agents, employees, invitees, customers or contractors, or from any breach or default by the City of this Agreement, except to the extent caused by the negligence or willful misconduct of District or District’s agents, employees, invitees, customers or contractors. In the event any action or proceeding shall be brought against the District by reason of any such claim, the City shall defend the same at the City’s expense. C.District Indemnifies City: The District hereby indemnifies and holds the City harmless from and against any and all claims, demands, liabilities, and expenses, including attorney’s fees, arising from the 144 10 220659v10 District’s use of the Joint Facility, District Property, or City Property or from any act permitted, or any omission to act, in or about the Joint Facility, District Property, or City Property by the District or its agents, employees, invitees, customers or contractors, or from any breach or default by the District of this Agreement, except to the extent caused by the negligence or willful misconduct of the City or the City’s agents, employees, invitees, customers or contractors. In the event any action or proceeding shall be brought against the City by reason of any such claim, the District shall defend the same at the District’s expense. D.Notwithstanding the above, the District and the City shall release each other from all claims to the extent covered or required hereunder to be covered by insurance. E.To the fullest extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a “joint venture” or “cooperative activity,” for the purposes of liability, all as set forth in Minn. Stat. 471.59, subd. 1a; provided further that each party also specifically intends that the single tort cap limits specified for “cooperative agreements” under Minn. Stat. Section 471.59, subd. 1a, shall apply to this Agreement and to the activities of the parties hereunder. The statutory limits for the parties may not be added together or stacked to increase the maximum amount of liability for either party. The parties to this Agreement are not liable for the acts or omissions of the other party to this Agreement, except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other party. 13.IMPAIRMENT OF USE. A.In the event of any damage to the Recreation Facility during the term of this Agreement by fire or other casualty, District and City agree that the Recreation Facility shall be repaired and restored with reasonable dispatch. District’s obligation for the cost repairs under this paragraph shall be limited to the amount of insurance proceeds available to District allocated to the damage to the Recreation Facility. In the event of damage to the Recreation Facility due to fire or other casualty, District shall not be responsible for requiring or restoring any improvements, personal property or machinery of City. B.In the event of damage to the School Facility during the term of this Agreement by fire or other casualty, District agrees to rebuild or repair such damage to the School Facility with reasonable dispatch, provided such cost of repairs are limited to the amount of insurance proceeds available to District which are allocated to the School Facility damages. 14.SUBLEASE, ASSIGNMENT OR TRANSFER. A.The District or City may not, voluntarily or by operation of law, assign, mortgage, pledge, lease, sublease or otherwise transfer (“transfer”) this Agreement, the Recreation Facility or the School Facility, or any interest held by either party in the Joint Facility, or the District Property, except as provided under Paragraph 7.B or except as part of a lease or other financing approved by the governing bodies of the District and City whereby the property is pledged as security for the financing, the approval of such financing to be considered approval of the transfer hereunder. B.If either party desires to transfer its interest in the Joint Facility to a third party other than as provided in Paragraph 7.A, such party shall so notify the other party in writing at least one (1) year prior to the proposed effective date of the transfer, or sooner if acceptable to the non-transferring party. For a period of one hundred eighty (180) days following receipt of notice of a proposed transfer, the non- transferring party shall have the option to purchase the transferring party’s interest. The purchase price shall be determined by City and District. The purchase price for the Recreation Facility shall be the percentage amount equal to the City Share of the fair market value of the Joint Facility. Said market value 145 11 220659v10 shall be for the improvement only and shall not include any consideration for the District Property. The purchase price for the School Facility shall be the percentage amount equal to the District Share of the fair market value of the Joint Facility. For purposes of a transfer by the District, the sale shall include the District Property and the sale price shall be the fair market value of the District Property plus a percentage amount equal to the District Share of the fair market value of the Joint Facility. In the event District and City cannot agree on a purchase price for either party’s interest, the issue of purchase price shall be determined by arbitration as provided for in this Agreement. If the option to purchase is exercised by either party, the purchase price shall be due and payable as of the effective date of the proposed transfer occasioning the option to purchase. In the event the non-transferring party elects not to purchase the non- transferring party’s interest, the transferring party shall provide the other party with a copy of the proposed transfer agreement, financial information, bank references and financial statements of the proposed transferee and such further information as the non-transferring party deems necessary concerning the proposed transfer. Within ninety (90) days after non-transferring party’s receipt of all required information concerning the proposed transfer, and the satisfaction of all of the conditions specified above, the non-transferring party shall have the following options: (i)To consent to the proposed transfer; or (ii)To submit objections to the transfer to arbitration. The determination by the arbitrator shall be based upon whether the terms of the proposed transfer would be inconsistent with the non-transferring party’s use of the Joint Facility. The arbitrator may further impose such conditions upon transferee as may be necessary to protect the interests of the non-transferring party under this Agreement. C.In the event of a transfer, each party agrees to execute the appropriate agreement(s) to allow (i) the transferee to continue the transferor’s use of its respective facility and (ii) the non-transferring party to continue the non-transferring party’s use of its respective facility, in each case, based on terms substantially similar to the terms of this Agreement, except as otherwise agreed to by the parties and the transferee. 15.REMOVAL OF EQUIPMENT. All alterations, additions, improvements and fixtures which may be made or installed by either of the parties upon the Recreation Facility and which are in any manner attached to the floors, walls or ceilings shall become the property of the District at the termination of this Agreement and shall remain upon and be surrendered with the Recreation Facility. Provided, City may remove fixtures whether or not attached to the floor, wall or ceilings, as long as the following conditions are satisfied: (i)Such fixtures are removed within ten (10) days after the end of the lease term; (ii)Such removal will not cause permanent damage to the Recreation Facility; (iii)The Recreation Facility is restored by City at its expense to the condition in which it was before such fixtures were installed. 16.DEFAULT. All rights and remedies of District and City herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. The following events shall be considered a default of this Agreement: (a)That District or City shall fail, neglect or refuse to pay any monies due pursuant to this Agreement when and as the same shall become due and payable under the terms hereof; 146 12 220659v10 (b)Either party shall default, fail, neglect or refuse to keep and perform any of the other covenants, conditions, stipulations or agreements agreed to be kept and performed by the respective party, and in the event such default shall continue for a period of more than thirty (30) days after notice thereof in writing given to the defaulting party by the non-defaulting party. Provided, however, that if the cause for giving such notice involves the making of repairs or other matters reasonably requires a longer period of time than the period of such notice, the party shall be deemed to have complied with such notice so long as it has commenced to comply with said notice within the period set forth in the notice and is diligently prosecuting compliance with said notice, or has taken proper steps or proceedings under the circumstances to prevent the seizure, destruction, alteration or other interference with Recreation Facility by reason of non-compliance with the requirements of any law or ordinance or with the rules, regulations or directions of any governmental authority as the case may be. 17.REMEDIES UPON DEFAULT. The non-defaulting party may, at any time after such default or violation of condition or covenant, pursue any remedies available to it at law or in equity including, but not limited to, specific performance and damages. Furthermore, without limiting the generality of the foregoing, upon the occurrence of any material default or violation which is not cured by the defaulting party within 120-days after notice thereof from the non-defaulting party, then the non- defaulting party may terminate this Agreement by providing the defaulting party with a notice of termination giving the defaulting party 60 additional days to cure such material default or violation, and if such material default or violation is not cured to the reasonable satisfaction of non-defaulting party within such 60-day period, then this Agreement shall terminate upon the expiration of such 60-day period. 18.ARBITRATION. Any dispute arising out of this Agreement shall be submitted to binding arbitration through the American Arbitration Association. Specific references to the availability of arbitration set forth in this Agreement shall not be construed to limit the right of either party to submit any disputes arising under this Agreement to binding arbitration. Such arbitration shall be conducted in accordance with the Rules for Commercial Arbitration. However, notwithstanding anything in the Rules to the contrary, disputes involving any amount less than Fifty Thousand Dollars ($50,000.00) shall be submitted to a single arbitrator. 19.WAIVER OF CLAIMS. All property belonging to City or any occupant of the Recreation Facility shall be there at the risk of City or such other person only, and District shall not be liable for any damage thereto and City waives all claims against District for damages to persons or property sustained by City or any occupant of the Recreation Facility. 20.HAZARDOUS MATERIALS. A.Hazardous substance. As used herein, “Hazardous Substance” shall mean any substance, element, compound, solution, mixture or combination thereof which because of its quantity, concentration or physical, chemical or infectious characteristics presents, may present or could present danger or potential danger for damage, injury or illness to health, welfare or to the environment, including, but not limited to: (i). those substances which are inherently or potentially radioactive , explosive, ignitable, corrosive , reactive , carcinogenic or toxic, (ii) the following: asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, known carcinogens and petroleum products, .and (iii) other substances or materials which are defined as hazardous substances or which are included under or regulated by any local, state or federal law, rule or regulation pertaining to environ- mental regulation, contamination or cleanup, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Clean Water Act, 33 U.S.C. § 1321 et seq.; and the Clean Air Act, 42 U.S.C. § 7401 et 147 13 220659v10 seq.; or any other federal, state, local or other governmental statute, regulation, law or ordinance related to pollution or the release into the environment or disposal of solid or hazardous waste or hazardous substances, all as the same may be amended from time to time. B.City’s Responsibility. City hereby covenants, represents and warrants to District that at all times during the term of this Agreement, City shall not manufacture, process, distribute, use, produce, treat, store, dispose or allow to be present any Hazardous Substance in or about the Recreation Facility, other than those needed to operate the recreational facility. 21.RIGHT TO INSPECT. Following reasonable notice from the District to the City, the District and its agents shall have reasonable access to the Recreation Facility during all reasonable hours for the purpose of examining the same and to ascertain if they are in good repair. 22.NOTICE. All notices and requests to the District or the City which may be given or which are required to be given hereunder shall be sent by United States Mail, postage prepaid, certified with return receipt requested as follows: IF TO DISTRICT:Independent School District No. 112 11 Peavey Road Chaska, MN 55318 Attention: Finance Director IF TO CITY:City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Attention: City Manager All notices to the Committee shall be provided by electronic mail to all six of the current members of the Committee at once. 23.WAIVER. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval of either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any similar act. 24.MODIFICATION. Any modification of this Agreement shall be binding only if evidenced in a writing signed by the City and the District. 25.SAVINGS CLAUSE. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision. 26.TERMINATION OF LEASE. The Lease is hereby terminated. IN WITNESS WHEREOF, the District and the City have executed this Agreement by the signatures below and have approved this Agreement by their respective governing bodies. [Remainder of page intentionally left blank] [Signature pages to follow] 148 [Signature Page to Joint Powers Agreement] 220659v10 INDEPENDENT SCHOOL DISTRICT NO. 112 BY: _________________________________________ Its: Chair BY: _________________________________________ Its: Clerk 149 [Signature Page to Joint Powers Agreement] 220659v10 CITY OF CHANHASSEN BY: _________________________________________ Elise Ryan, Mayor BY: _________________________________________ Laurie Hokkanen, City Manager 150 [Signature Page to Joint Powers Agreement] 220659v10 EXHIBIT A Diagrams of Joint Facility, District Property, and City Property 151 City Council Item August 22, 2022 Item Approve Contract for Annual Sanitary and Storm Sewer Televising File No.2023-03 Item No: D.9 Agenda Section CONSENT AGENDA Prepared By Erik Henricksen, Project Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council approves a contractor for Sanitary and Storm Sewer Televising Project No. 23-03 with Pipe Services Corporation for a not-to-exceed amount of $67,369.56." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY BACKGROUND DISCUSSION The Metropolitan Council Environmental Services (MCES) is currently monitoring the flow of sanitary sewer from each city to determine the amount of Inflow and Infiltration (I/I) to MCES' treatment plants. If the City exceeds the allowance set by MCES, the City will be surcharged a fee based on the amount of flow above the allowed amount. This project will help reduce I/I from entering the sanitary sewer system; however, the majority of televising will be conducted in order to identify any storm sewer improvements for upcoming roadway projects. The project will assist staff in locating inflows and other contributors to I/I in the City's sanitary sewer 152 system along with identifying failing storm sewer infrastructure to be replaced with upcoming road improvements. Sanitary sewer televising consists of cleaning out the sanitary sewer and recording video of the lengths of pipe in the project area. Storm sewer televising will only consist of cleaning operations when the pipe has sufficient debris that inhibits the camera from continuing down the line being inspected. The contractor will report the deficiencies observed during the video examination of the pipes. The City of Chanhassen put out a request for quotes to seven contractors on July 28, 2022. Two quotes were received. Quotes were reviewed based on the total amount for mobilization, sanitary sewer televising and cleaning, and storm sewer televising. Based on the unit prices from the quotes received, staff finds the quotes to be reasonable given the work to be completed. The low bidder, Pipe Services Corporation, has completed similar work in Chanhassen in previous years and their work was acceptable. Contractor Quote Pipe Services Corporation*$61,245.05 Empire Pipe Services $65,519.05 *Low Bidder BUDGET Funding for this work has been budgeted for in the Capital Improvement Plan (CIP), Project SS-012 and Project ST-012. $17,810.16 of the funding will come from SS-012 for the portion of sanitary sewer televising and cleaning associated with the contract, and $49,559.40 of the funding will come from ST- 012 for the portion of the storm sewer televising. Staff is proposing a not-to-exceed contract for 110% of the low bid, or $67,369.56, in the event unexpected emergency services or quantity overruns are required. RECOMMENDATION Staff recommends approving the sewer televising contract. ATTACHMENTS 2023 Televising By Area Pipe Services - Quote CIP ST-012 CIP SS-012 2023-03 Form of Agreement 153 Crimson Bay Road Stone Creek - South Lake Susan Hills - North Dell Rd Saddlebrook Shadowmere Western Hills Chan View Market Blvd Stone Creek - North Creek Run Great Plains Blvd Colonial Grove Lake Susan Hills - SouthST18 ST15 ST14 ST17 ST61 SA5 SA7 SA101 SA41 SA5 )212GreatPlainsBlvd PowersBlvdH w y212Hwy 212 Lyman Bl vdAudubonRdChanhassen RdArboretum Blvd Pion e e r T r lGalpinBlvdHazeltine BlvdMar ketBl v dPowers BlvdHwy 7 Arboretum Blvd Flying C l o u d D r C o R d 1 0 1 ST101 GH117 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprxDate Created: 6/30/2022 Created By: City of Chanhassen - Engineering Department City of Chanhassen 2022 Storm Sewer Televising Legend Map Areas Culverts to Televise Storm Mains to Televise Sewer Mains to Televise 0 0.5 10.25 Miles µ 154 ;;;;; ;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ; ;;;;;;;;;;;;;;;;; ;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;; ;;; ; ; ;;;;;;; ;;;;;;;;;; ;;;;;;;;;;;; ;;;W 77th StLaredo DrGreat Plains BlvdW 78th St C h a n V ie w W 76th St M a r k e t S tIroquoisHuronKiowaSt MH - 547 Inlet - 1989 Inlet - 2129 Inlet - 2130 Inlet - 2131 Inlet - 2132 Inlet - 2187 Inlet - 1037 Inlet - 14643 Inlet - 1035 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 100 200 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Chan View Televising Map Storm Manholes to Televise Storm Inlets to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains ;Other Sewer Main Other Sewer Manholes 155 ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;Sandy H o o k R d Cheyenne TrlDakota A v e SandyHookCirSt MH - 8582 St MH - 18496 St MH - 18495 Inlet - 8412 Inlet - 10168 Inlet - 10550 Inlet - 10549 Inlet - 10548 Inlet - 10547 Inlet - 10546 Inlet - 10544 Inlet - 10545 Inlet - 10540 Inlet - 10541 Inlet - 10542Inlet - 10543 Inlet - 10569 Inlet - 10570 Inlet - 10571 Outlet - 15729 Outlet - 18858 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 60 120 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Colonial Grove Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Force Main ;Other Sewer Main Other Sewer Manholes Other Lift Stations 156 ;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;; ;;;;;;; Koehnen Cir E Yosemite AveAudubon CirKnob Hill Ln CreekRunTrl63rd St W 05-002 05-003 05-004 05-008 Inlet - 1726 Inlet - 1727 Inlet - 18887 Outlet - 1328Culvert - 1086 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 70 140 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Creek Run Televising Map Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise ;Culverts to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts ;Sewer Mains for Televising Sewer Manholes for Televising ;Other Sewer Main Other Sewer Manholes 157 ;;;;;;;;; ;;;ArboretumDrCrimson Bay RdSA5 Arbo r e t u m B l v d C u l v e r t - 1 0 7 9 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 80 160 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Crimson Bay Road Televising Map ;Culverts to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts Other Force Main 158 ;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;; ; ;;;;;;;; ;;;;;;;;W 77th St Dell RdQ uattroDrLS - 22 24-015 24-01424-011 24-007 24-008 24-009 24-010 24-016 24-018 24-017 St MH - 342 St MH - 5645 St MH - 8479 Inlet - 9777 Inlet - 9778 Inlet - 9779 Inlet - 9780 Inlet - 2183 Inlet - 2182 Inlet - 2174 Inlet - 2175 Inlet - 2176 Inlet - 2177 Inlet - 2181 Inlet - 2162 Inlet - 2184 Inlet - 9776 Inlet - 2167 Inlet - 2168 Inlet - 2383 Inlet - 11682 Inlet - 11683 Outlet - 1242 Culvert - 1220 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 90 180 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Dell Rd Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise ;Culverts to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts ;Sewer Mains for Televising Sewer Manholes for Televising Lift Stations for Televising Other Force Main ;Other Sewer Main Other Sewer Manholes Other Lift Stations 159 ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;; ; ;;;;;;;;;;;;;;;;;;;;;;;;Great Plains BlvdW 78th St Chan V i e w St MH - 140 St MH - 155 St MH - 522 St MH - 523 St MH - 547 St MH - 15697 Inlet - 1990 Inlet - 2223 Inlet - 2222 Inlet - 1994 Inlet - 1995 Inlet - 2224 Inlet - 1993 Inlet - 500 Inlet - 1991 Inlet - 1992 Inlet - 2225 Inlet - 14608 Inlet - 3827 Inlet - 282 Inlet - 283 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 30 60 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Great Plains Blvd Televising Map Storm Manholes to Televise Storm Inlets to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets ;Other Storm Mains ;Other Sewer Main Other Sewer Manholes 160 ;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ; ;;;;;;; ; ;;;;;;;;;;;;;;;;; ;;;;;;;;;;; ; ;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;Audubon RdSpoonbill CirOsprey LnLake Dr W Bl u e b i l l T r l M a ll a r d C t Alisa Ct Ib is C t SwanCtBittern CtHeron DrSt MH - 654 St MH - 664 St MH - 665 St MH - 666 St MH - 667 St MH - 668 St MH - 669 St MH - 670 St MH - 677 St MH - 678 St MH - 8549 Inlet - 2747 Inlet - 2746 Inlet - 2745 Inlet - 2744 Inlet - 2749 Inlet - 2755 Inlet - 2761 Inlet - 2804 Inlet - 2802 Inlet - 2801 Inlet - 2799 Inlet - 2800 Inlet - 2756 Inlet - 2748 Inlet - 2754 Inlet - 2753 Inlet - 2750 Inlet - 2752 Inlet - 2751 Inlet - 2759 Inlet - 2758 Inlet - 2760 Outlet - 1163 Outlet - 1166 Outlet - 1479 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 90 180 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Lake Susan Hills - North Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Force Main ;Other Sewer Main Other Sewer Manholes 161 ;;;;;;;;;;;; ; ;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;; ; ;;;;;;;; ;;;;;;;;;;;;; ; ;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;; ; ;;;;;;;;;;;; ;;;;Audubon RdB i t t e r n C t He r o n D r Valley RidgeTrlN Osprey LnAlisa LnBluebill Trl St onefieldLnAlisa CtSt MH - 653 St MH - 663 St MH - 818 St MH - 8535 St MH - 654 Inlet - 2702 Inlet - 2701 Inlet - 2700 Inlet - 3768 Inlet - 9715 Inlet - 3765 Inlet - 3766 Inlet - 2698 Inlet - 2699 Inlet - 2703 Inlet - 2695 Inlet - 2696 Inlet - 2697 Inlet - 3767 Inlet - 3753 Inlet - 2743 Inlet - 2693 Inlet - 2694 Outlet - 1256 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 80 160 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Lake Susan Hills - South Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts Other Force Main ;Other Sewer Main Other Sewer Manholes Other Lift Stations 162 ;;;;;;;;;;;;;;;;;;;;;;;;; ; ; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;; ; ; ;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;; ;;;;;;; ; ;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ; ;;; ;;;;;;;; ; ;; ;;;;;;;;;;;;;; ;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;Ma r k e t B l v dKerberBlvdW 78th St Laredo DrArboretu m B l v d W 79thSt Market St SA5 Arbor e t u m B l v d MarketBlvdST101 St MH - 34 St MH - 35 St MH - 36 St MH - 582 St MH - 583 St MH - 710 St MH - 8420 St MH - 581 St MH - 5601 St MH - 709 Inlet - 10038Inlet - 10039 Inlet - 2297 Inlet - 2295 Inlet - 2296 Inlet - 2292 Inlet - 2294 Inlet - 2293 Inlet - 2291 Inlet - 2289 Inlet - 2290 Inlet - 2287 Inlet - 2288 Inlet - 4587 Inlet - 342 Inlet - 343 Inlet - 334 Inlet - 2626 Inlet - 2625 Inlet - 2624 Inlet - 36 Inlet - 35 Outlet - 1417 Outlet - 9153 Outlet - 373 Outlet - 4104575 Outlet - 12547 Culvert - 1 1 5 1 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 100 200 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Market Blvd Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise ;Culverts to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts ;Other Sewer Main Other Sewer Manholes 163 ;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;; ; ; ; ; ;;;; ;;;;;;;; ;;;; ; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ; ;;;; ;;; ; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;ConestogaCtC o n e s t og a T r l Si e r r a Tr l Kerber BlvdS a d d l e b ro o kCurvSantaV e ra D r Bighorn Dr Saddl ebr ookTr lCactusCurv SaddlebrookP a s s Pontiac Cir CanyonCurvT r o t t er sCirButte Ct ST17Powers B lvd St MH - 444 St MH - 445 St MH - 446 St MH - 447 St MH - 448 St MH - 449 St MH - 450 St MH - 451 St MH - 844 St MH - 845 Inlet - 10180 Inlet - 10181 Inlet - 10182 Inlet - 1572 Inlet - 1573 Inlet - 1648 Inlet - 1647 Inlet - 1646 Inlet - 1579 Inlet - 1580 Inlet - 1578 Inlet - 1577 Inlet - 1574 Inlet - 1575 Inlet - 1576 Inlet - 1636 Inlet - 1637 Inlet - 1310 Inlet - 1315 Inlet - 1316 Inlet - 1311 Inlet - 1312 Inlet - 1318 Inlet - 1317 Inlet - 117 Inlet - 1643 Inlet - 1644 Inlet - 1645 Inlet - 1642 Inlet - 1641 Inlet - 1640 Inlet - 1639 Inlet - 1638 Inlet - 1635 Outlet - 904 Outlet - 1217 Outlet - 1228 Outlet - 1231 Outlet - 1458 Outlet - 9045 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 150 300 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Saddlebrook Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts ;Other Sewer Main Other Sewer Manholes 164 ;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;; ;;;; ;;;;;;;;;;; ;;; ; ;;; ; ;;;;;;;;;;;;;;;;;;;; ; ; ; ;; ;;;;;;; ; ;;;;; ;;; ;;;;;;;;;;;;;;;;;;;;;;;;;Carver Beach Rd Bighorn Dr Shadowmere C o n e sto g aTrlFrontier Trl KiowaCirBig Woods B l v d St MH - 403 St MH - 839 St MH - 1437 St MH - 6013Inlet - 8429 Inlet - 1522 Inlet - 1528 Inlet - 1521 Inlet - 3788 Inlet - 1523 Inlet - 1524 Inlet - 1525 Inlet - 1526 Inlet - 15085 Inlet - 15086 Inlet - 15087 Inlet - 15088 Inlet - 15089 Outlet - 15077 Outlet - 4104620 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 90 180 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Shadowmere Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Force Main ;Other Sewer Main Other Sewer Manholes Other Lift Stations 165 ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;Acor n Ln Oak w o o d R d g Sto n e C r e e k Dr Bl u f f V i e w C tAnd rew C t Coulter Blvd St MH - 343 Inlet - 2202 Inlet - 2203 Inlet - 2204 Inlet - 2205 Inlet - 2198 Inlet - 2201Inlet - 2200 Inlet - 2199 Inlet - 2193 Inlet - 2194 Inlet - 2195 Inlet - 2196 Inlet - 2197 Inlet - 2206 Outlet - 1350 Culvert - 1147 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 90 180 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Stone Creek - North Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise ;Culverts to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts ;Other Sewer Main Other Sewer Manholes 166 ;;;;;;;;;;;;;;; ; ; ;;;;;;;; ; ;;;; ; ;;;;; ;;;;;;;;;;;;;;;;;; ;;;;;; ; ;;;;;C r e e k v i e w C t StoneCreekDrRenaissance Ct BoulderRdSt MH - 518 St MH - 519 Inlet - 2207 Inlet - 2206 Inlet - 1977 Inlet - 1979 Inlet - 1978 Inlet - 1982 Inlet - 1980 Inlet - 1981 Outlet - 1230 Cul v e r t - 1 1 0 9 Culvert - 1140 Culvert - 1139 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 90 180 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Stone Creek - South Televising Map Storm Manholes to Televise Storm Inlets to Televise Discharge Points to Televise ;Storm Mains to Televise ;Culverts to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts ;Other Sewer Main Other Sewer Manholes 167 ; ;;;;; ;;;; ;;;;;;;;;; ;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;; ;;;;;; ;;;;;; ; ;;;;;;; ;;;;;;;;;; ;;;;; ;;;;;;;;;;;;;;;; ;;;;;;; ; ;;;;;;; ; ;;; ; ;;;;;;;;; ; ; ; ;;;;;;; ; ; ; ;;;;; ; ;;;;;;;;;; ; ; ;;;;;FrontierCtLaredoDr S a nta F e Tr l SantaFeCirLaredoLnW 76th St GreatPlainsBlvdHuronIroquoisKiowaHighland Dr Del Rio DrCimarron Cir Frontier TrlLongviewCir St MH - 526 St MH - 527 St MH - 8611 St MH - 8534Inlet - 8367 Inlet - 8369 Inlet - 8692 Inlet - 10188 Inlet - 2007 Inlet - 2006 Inlet - 2005 Inlet - 2004 Inlet - 2008Inlet - 2010 Inlet - 1049 Document Path: K:\Departments\Engineering\I&I\2022\Consolidated Televising Data - 2022.aprx0 130 260 Feetµ2023-03 Sewer Televising City of Chanhassen, MN Western Hills Televising Map Storm Manholes to Televise Storm Inlets to Televise ;Storm Mains to Televise Other Storm Manholes Other Storm Inlets Other Storm Discharge Points ;Other Storm Mains Other Storm Culverts Other Force Main ;Other Sewer Main Other Sewer Manholes Other Lift Stations 168 1 QUOTATION – SEWER TELEVISING/CLEANING August 02, 2022 Erik Henricksen, PE Project Engineer City of Chanhassen 7901 Park PL Chanhassen, MN 55317 Dear Mr. Erik Henricksen, As requested, below is a bid proposal for the Chanhassen storm televising and sanitary cleaning and televising project according to the indicated linear footages and pipe sizes. City of Chanhassen Cost Distribution: Confirmed Linear Footages, Pipe Sizes, and Activities Pipe Size/Type Pipe Length/Qty Activity Cost/Linear Foot/Qty Sanitary ROW 2,582 TV/CLN $2.15 Storm ROW 19,625 TV $2.15 Sanitary Easement 3,869 TV $2.75 Culvert 673 TV $4.25 Total $ 61,245.05 16281 Baseline Ave. Shakopee, MN 55379 952.445.3173 │ info@pipe-services.com Website: pipe-services.com 169 2 CITY Official, all change order activities require CITY consent prior to initiation. Change order activities below $500.00 are authorized via verbal CITY directive/consent. Change order activities exceeding $500.00 require written approval via email or memorandum letter. Upon City Approval - Change Order Rates Activity / Vehicle Unit Cost Per Unit T.V. Vehicle Support Per Hour $ 284.00 Hydrovac Vehicle Support Per Hour $ 315.00 T.V. Vehicle Emergency Mobilization Per Day $ 595.00 Hydrovac Vehicle Emergency Mobilization Per Day $ 645.00 Water By-Pass Operations Per Hour $ 250.00 CITY Official, please be cognizant of the below provisions. These provisions exist to help ensure clarity of project scope and expectations relating to contingency efforts. The spirit of these provisions is meant to enhance communication during project execution in order to align Pipe Service's decisions with CITY officials' interests: quality work, cost management, and situational awareness. Change Order Contingencies: All change order activities will first involve CITY/FIRM approval. The Pipe Services project lead will contact the designated CITY/FIRM official, explain the situation, advise the associated pros and cons, and implement a course of action according to the CITY/FIRM official's directive. 1. Work outside of the aforementioned project scope will require a per hour charge rate of: $284/hour for CCTV support and $315/hour for Hydrovac support. All change orders will require CITY/FIRM approval prior to execution. 2. Pipe Services will assume that televising of pipe with 50% or less water level is adequate for pipe infrastructure observation unless otherwise specified by the CITY/FIRM. Any water level in excess of 50% for the full length of the pipe segment will trigger a consult with the designated CITY/FIRM official to clarify a course of action. 3. In the event the Pipe Services assesses that high water flows prevent adequate televising operations and plugging operations presents an excessive risk to upstream residents, Pipe Services will attempt to revisit the pipe segment during off peak hours. In the even the water level persists during off-peak hours, Pipe Services will consult city representatives to conduct an outside of scope project or request that the associated pipe be removed from the project. 4. During emergency mobilization requests, CITY will incur a mobilization charge according to vehicle usage and the mobilization rate quoted within the aforementioned change order price disb ursement chart. Emergency work is generally charged by the hour with a minimum of half-day activity. In the event the emergency mobilization request involves extensive work, Pipe Services will work with the CITY official to identify an affordable price structure outside of the hourly rate and associated daily emergency mobilizatio n charges. 170 3 Our bid is based on the following provisions and understandings: The below provisions and understandings are standard expectations. Any project irregularities that do not allow for these provisions can be negotiated but will likely change the associated bid amount. 1.) Pipe Services will honor this bid for up to 60 days from the date of submission/document creation date. We will make every effort to honor the bid past the 60-day mark. 2.) Pipe Services will receive payment within 30 days of completing the aforementioned described project activities to the satisfaction of the CITY. 3.) Pipe Services to provide a report as specified in the City of Chanhassen Request for Quote Document. 4.) CITY/FIRM to provide sewer maps, manhole numbering and pipe identification system. 5.) CITY/FIRM to locate and expose all man-holes (MH) and to make them accessible. In the event a MH cannot be identified or requires exposure, Pipe Services will coordinate with the CITY to identify a course of act ion. During the interim, Pipe Services will skip the MH in question and continue planned inspections. If the city chooses to utilize Pipe Services for location or exposure of a MH, an hourly rate will apply according to associated vehicle usage. 6.) Pipe Services is allowed to draw water from CITY fire hydrants at no additional cost. 7.) Pipe Services assumes that all dumping will take place at CITY location free of ch arge. If a dump location is not provided free of charge, Pipe Services will charge a Hyrdovac vehicle hourly rate according to dump site location and any associated dump fees. 8.) If during the course of vacuuming operations Pipe Services discovers that environmentally hazardous materials exists and special disposal procedures are necessary , CITY will incur charges associated with the dump fees and drive time to the special dump site location according to associated vehicle usage. 9.) During televising only operations not associated with cleaning, Pipe Services will make every attempt to bypass obstacles within the pipe. If bypass operations endanger the camera system or if bypassing is not an option, Pipe Services will utilize a reverse set-up operation and charge accordingly. All reverse set-up operations incur full charge for that pipe segment for the initial attempt and the reverse operation effort. If a pipe line presents multiple reverse set-up requirements, Pipe Services will contact the CITY/FIRM to consult on a course of action in an effort to avoid unnecessary charg es. During clean and televising operations, Pipe Services will not utilize reverse charges as Pipe Service is responsible for cleaning the pipe. 171 4 Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. Pipe Services Corporation is authorized to do the work as specified. By: ______________________________ City/Legal Entity of:______________ Signature: _________________________ Date: ___________________________ We would like to thank you again for the opportunity to work with the city of Chanhassen. Sincerely, Pipe Services Corporation Ryan R. Mergen CEO ▪ Pipe Services 16281 Baseline Avenue ▪ Shakopee, MN 55379 (O) 952-445-3173 ▪ info@pipe-services.com http://pipe-services.com/ 172 Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2022 2026 thru Department Street Improvements Description Annual project to rehabilitate and/or reconstruct streets in the City. The 5 year Capital Pavement Management Plan identifies the planned streets for the next five years. The Plan is updated every fall to review priorities and needs, but generally intends to keep the overall condition index (OCI) average across all streets at 70 or higher. Project #ST-012 Priority n/a Justification The City uses a Pavement Management System in Cartegraph to monitor the condition of the City streets. While proper preventative maintenance extends the life of the street and is cost effective, a street will eventually deteriorate to a point that major maintenance is required. Rehabilitation projects extend the life of the street. In cases when utilities or poor sub grade needs to be replaced or where streets have deteriorated to a point where rehabilitation will no longer be practical, reconstruction of the street is necessary. A feasibility study is written to consider the merits of the project, scope of work, costs and assessments. Budget Impact/Other The City has an Assessment Policy, last updated in 2014, that identifies what and how much of the project is assessed to benefiting properties. Useful Life Unassigned Project Name Pavement Management Program (PMP)Category Street Improvements Type Improvement Account #2 Account #1 601-6xxx-4xxx Account #4 Account #3 Status Active Total2022 2023 2024 2025 2026Expenditures 27,325,0005,075,000 5,225,000 5,475,000 5,675,000 5,875,000Construction 5,075,000 5,225,000 5,475,000 5,675,000 5,875,000 27,325,000Total Total2022 2023 2024 2025 2026Funding Sources 8,380,0001,560,000 1,600,000 1,680,000 1,740,000 1,800,000Streets - PMP Assessments 12,570,0002,340,000 2,400,000 2,520,000 2,610,000 2,700,000Streets - PMP Funds 1,225,000225,000 235,000 245,000 255,000 265,000Utility Fund -Sewer 2,650,000500,000 520,000 540,000 560,000 530,000Utility Fund -Surface Wtr 2,500,000450,000 470,000 490,000 510,000 580,000Utility Fund -Water 5,075,000 5,225,000 5,475,000 5,675,000 5,875,000 27,325,000Total 173 Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2022 2026 thru Department Utilities - Sanitary Sewer Description This annual project includes televising, repairs and rehabilitation of existing sanitary sewer. The program also detects and eliminates points of entry of ground water and surface water into the City sanitary sewer system. Projects have been identified from the 2006 Inflow and Infiltration Report and aspects of the program are included in annual street projects. The projects were reviewed by Metropolitan Council and approved in lieu of surcharge fees. Also included in this program is the private property mandatory inspection program approved in 2020. Approximately 730 homes will be inspected over a 3-year period beginning in 2022. Project #SS-012 Priority n/a Justification City staff has identified numerous older sewer lines that are in need of repair. The City of Chanhassen pays the Metropolitan Council for sewage treatment. Those payments are based on the amount of flow generated by the City of Chanhassen. Surface water and ground water that makes its way into the system either through breaks, displaced joints, manhole covers, or private connections to the system increase the amount charged to the City for sewage disposal and increasing the load on the City's lift stations. Budget Impact/Other The efforts may decrease operational costs, MCES fees and emergency call outs. It is also the City's intent to use connection charges to help fund for those costs. Useful Life Unassigned Project Name Inflow and Infiltration Abatement Category Utilities - Sewer Type Improvement Account #2 Account #1 701-7xxx-4xxx Account #4 Account #3 Status Active Total2022 2023 2024 2025 2026Expenditures 1,100,000200,000 210,000 220,000 230,000 240,000Maintenance 200,000 210,000 220,000 230,000 240,000 1,100,000Total Total2022 2023 2024 2025 2026Funding Sources 1,100,000200,000 210,000 220,000 230,000 240,000Utility Fund -Sewer 200,000 210,000 220,000 230,000 240,000 1,100,000Total 174 1 175881v1 FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR 2023 SANITARY SEWER I&I PROJECT NO 23-03 THIS AGREEMENT, made this 22nd day of August, 2022, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“Owner”) and THE FATHER SOLANUS CASEY MISSION, LLC, a Minnesota limited liability company d/b/a PIPE SERVICES (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, 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.Request for Quote dated July 28, 2022; C.City of Chanhassen General Conditions of the Construction Contract; D.2022 Sanitary and Storm Sewer Construction Specifications – Section 19.00. E.Quote/Bid dated August 2, 2022. 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 with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 2.OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 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. 3.CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amount of Sixty Seven Thousand Three Hundred Sixty None Dollars and 56/100 ($67,369.56). 4.PAYMENT PROCEDURES. A.Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. 175 2 175881v1 B.Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C.Payments to Subcontractor. (1)Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ 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 balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2)Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D.Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5.COMPLETION DATE/LIQUIDATED DAMAGES. A.The Work associated with the Project must be completed and ready for final payment in accordance with the General Conditions by October 31, 2022. B.Contract and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 5.A. above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a 176 3 175881v1 penalty), Contractor shall pay Owner $400.00 for each calendar day that expires after the time specified in Paragraph 5.A. for Completion until the Work is complete. Daily costs are based on MnDOT Table 1807.1-1, "Schedule of Liquidated Damages as follows: TABLE 1807.1-1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day, ($) From More Than ($)To and Including ($) 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 ---3,500 6.CONTRACTOR’S REPRESENTATIONS. A.Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B.Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D.Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E.Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which 177 4 175881v1 may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F.Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H.Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K.Subcontracts: (1)Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2)The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. 178 5 175881v1 (3)The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. (4)The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7.WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8.COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non- contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury:$2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage:$2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury:$2,000,000 each occurrence Property Damage:$2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury:$2,000,000 each occurrence $2,000,000 each accident Property Damage:$2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 179 6 175881v1 10.INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 11.MISCELLANEOUS. A.Terms used in this Agreement have the meanings stated in the General Conditions. B.Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C.Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D.Data Practices/Records. (1)All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2)All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E.Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 180 7 175881v1 F.Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G.Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H.Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I.Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. J.Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K.Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L.Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and 181 8 175881v1 completion of the Project. The City will obtain all necessary rights-of- way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. M.If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF CHANHASSEN CONTRACTOR THE FATHER SOLANUS CASEY MISSION, LLC D/B/A PIPE SERVICES BY:BY: Elise Ryan, Mayor Print Name: _________________________ Its:___________ BY: Laurie Hokkanen, City Manager 182 City Council Item August 22, 2022 Item Approve Agreement with Metropolitan Council Environmental Services for a Sewer Flow Meter File No.N/A Item No: D.10 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 an agreement with Metropolitan Council Environmental Services for installation and maintenance of a sewer flow meter on City-owned property." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Metropolitan Council Environmental Services (MCES) would like to install a sewer flow meter in a City-owned manhole located on City-owned property. The location of the manhole is just west of Highway 101, north of Choctaw Circle, and south of Fox Hollow Drive. This manhole is the last manhole before this portion of sewer flows into Eden Prairie. The flow data is used to document the amount of sewer flow leaving Chanhassen, and thus used for annual billing by MCES. This flow meter will increase the accuracy of the measurement at this location. BACKGROUND N/A DISCUSSION 183 The flow meter will be 100% the responsibility of MCES. The agreement outlines items such as the use of City property, responsibility for costs and/or damages, clauses for removal and termination. The agreement has been reviewed and executed by MCES. BUDGET N/A RECOMMENDATION Staff recommends approval of the Agreement. ATTACHMENTS Resolution Approving Agreement with MCES for M448 Maintenance Agreement for MCES Meter M448 184 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 22, 2022 RESOLUTION NO: 2022-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING ENTERING INTO AN AGREEMENT WITH THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR INSTALLATION AND MAINTENANCE OF A SANITARY SEWER FLOW METER ON CITY PROPERTY WHEREAS,the City pays MCES annually for the sanitary sewer flow discharged into their interceptor system for wastewater conveyance and treatment; and WHEREAS,the accurate measurement of the flow from the Chanhassen sanitary sewer system benefits both parties; and WHEREAS,the flow that leaves Chanhassen in the northeast corner of the city is currently based on estimates; NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes an agreement with MCES for the installation and maintenance of a sanitary sewer flow meter on city owned property. PASSED AND ADOPTED by the Chanhassen City Council this 22 nd day of August, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 185 Metropolitan Council No. 22I001 Page 1 of 4 METROPOLITAN COUNCIL MAINTENANCE AGREEMENT FOR MCES METER M448 THIS MAINTENANCE AGREEMENT FOR MCES METER M448 (“Agreement”) is made and entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (“Council”), and the City of Chanhassen, a Minnesota municipal corporation under the laws of the State of Minnesota (“City”). BACKGROUND RECITALS 1. The Council plans to install a regional sanitary sewer flow meter in a City sanitary sewer manhole (MH No. 12-128) during the summer of 2022 (the “Project”). 2. The location of the Project (as shown on the attached and hereby incorporated Exhibit A) is on City-owned property on the west side of Chanhassen Road (TH 101), and approximately 1,000 linear feet north of Choctaw Circle, legally described as Outlot C, Fox Hollow, and assigned the address of 6700 Chanhassen Road (the “Premises”). 3. The scope of the Project is to install a flow meter inside a City sanitary sewer manhole, construct an approximate 25-square foot concrete pad and communications cabinet near the manhole, run power to the cabinet, and to restore disturbed areas. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Non-Exclusive Use: The Council receives from the City a non-exclusive right to install and maintain the flow meter in the City manhole and to construct and maintain a communications cabinet on the Premises. 2. Planned Maintenance Activities: The City will notify the Council at least seven (7) days in advance of planned maintenance activities that may impact the flow meter or its performance. 3. Costs: The Council will be responsible for all costs and expenses for installation, maintenance, operation, and removal of the flow meter and appurtenances, along with any damages caused by those actions. 4. Term of this Agreement: Until terminated by either party by Section 5 of this Agreement. 5. Termination: Either party may terminate this Agreement for any reason upon written notice provided to the other party of not less than ninety (90) days. Upon termination, the Council shall be responsible for removal of the Project components and to restore disturbed areas. 186 Metropolitan Council No. 22I001 Page 2 of 4 6. Governing Law: It is agreed that this Agreement shall be governed by, constructed, and enforced in accordance with the laws of the State of Minnesota and local ordinances. 7. Entire Agreement: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 8. Modification of Agreement: Any modification of this Agreement or additional obligation assumed by either party is connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 9. Notices: Any notice providing for or concerning this Agreement shall be in writing and shall be sent to each party as set forth as follows: City: Public Works Director/City Engineer City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Council: Environmental Services, Interceptor Services, Director Regional Maintenance Facility 3565 Kennebec Drive Eagan, MN 55122 10. Assignment of Rights: The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 11. Liability and Indemnification: Both parties agree to indemnify and hold each other harmless from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of negligence for its performance or failure to perform its obligations under this Agreement. The parties understand and agree that the financial liability of the Council, which is a government entity, is limited to the statutory cap as set forth in Minn. Stat. Ch. 466. This financial cap pertains to all financial liability of the Council in connection with this Agreement, whether such claim of financial liability arises out of tort, indemnity, contract enforcement, attorney fees or expenses. Nothing in this Agreement will be construed to waive municipal immunities or liability limits provided to the Council whether contained in the Minnesota Municipal Tort Claims Act or other applicable or federal law and statutes. Electronic signatures using Adobe Sign, or a similar program, will be deemed an original signature. [SIGNATURE PAGE TO FOLLOW] 187 Metropolitan Council No. 22I001 Page 3 of 4 IN WITNESS WHEREOF, the undersigned has caused this agreement to be duly executed this 2nd day of August 2022. City of Chanhassen By Elise Ryan, Mayor By Laurie Hokkanen, City Manager Date Metropolitan Council By Bert Tracy, Director, Environmental Services Date Bert Tracy (Aug 16, 2022 09:09 CDT) Bert Tracy Aug 16, 2022 188 Metropolitan Council No. 22I001 Page 4 of 4 189 City Council Item August 22, 2022 Item Resolution 2022-XX: Approve Construction Materials Testing Agreement for Construction of the 2022 City Pavement Rehabilitation and 2022 Lake Lucy Road Rehabilitation Projects File No.2022 City Pavement Rehabilitation (22-01) 2022 Lake Lucy Rehabilitation (20-03)Item No: D.11 Agenda Section CONSENT AGENDA Prepared By George Bender, Assistant City Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council adopts a resolution awarding a consulting agreement for construction material testing to Braun Intertec for the 2022 City Pavement Rehabilitation and the 2022 Lake Lucy Road Rehabilitation projects." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY The 2022 City Pavement Rehabilitation and the 2022 Lake Lucy Road Rehabilitation projects require a consultant for construction materials testing and associated engineering services to provide the required quality assurance testing set forth in the project documents and city specifications. BACKGROUND 2022 City Pavement Rehabilitation Project (22-01) On September 29, 2021, the Engineering Department released a Request for Proposals (RFP) for design and construction services for the project. 190 On October 25, 2021, the City Council approved a consultant contract with Bolton & Menk for design and construction services for the project. On December 15, 2021, the Engineering Department hosted an open house relative to the project areas. On January 24, 2022, the City Council accepted the feasibility study and called for a public hearing to be held on February 14, 2022. On February 14, 2022, the City Council conducted a public hearing, ordered the improvements, and authorized preparation of plans and specifications. On March 14, 2022, the City Council approved the plans and specifications and authorized publication of the advertisement for bids. On April 12, 2022, the Engineering Department conducted a bid opening for the project. On April 25, 2022, the City Council called a Public Hearing to be held on May 9, 2022. On May 3, 2022, the City held a public open house at Lake Ann Park to answer questions from property owners. On May 9, 2022, the City Council accepted the bids, awarded a construction contract, and adopted the assessment roll. 2022 Lake Lucy Road Rehabilitation Project (20-03) On November 7, 2019, the Engineering Department prepared and released a request for proposals (RFP) for consultant services for the project. On November 22, 2019, the Engineering Department received three proposals from consultants for professional services for the Lake Lucy Road project. On December 9, 2019, the City Council approved a consultant contract with WSB & Associates and authorized preparation of a feasibility study for the project. On January 28, 2020, the Engineering Department hosted an open house to introduce and discuss the project with the public. Notifications were sent to residents in the nearby areas who will be affected by the project. On April 13, 2020, the City Council accepted the feasibility study and called a Public Hearing to be held on April 27, 2020. On April 27, 2020, the City Council hosted a Public Hearing and ordered the improvements including preparation of plans and specifications for the project. On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project. On June 18, 2020, the City opened sealed bids for the project. 191 On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020. On July 13, 2020, the City Council conducted a Public Hearing and did not adopt the final assessment roll and award a construction contract. Due to the COVID-19 pandemic, MnDOT put State Aid Fund Advances on hold, which were slated to fund a portion of the project. The City elected to delay this project until funding was available. The City subsequently modified the Five-Year Capital Improvement Plan (CIP) and this project was scheduled to be completed in 2022. On February 28, 2022, the City Council accepted the feasibility study and called for a Public Hearing to be held on March 21, 2022. On March 21, 2022, the City Council hosted a Public (Improvement) Hearing, ordered the project, approved the plans and specifications, and authorized the advertisement for bids. On May 9, 2022, the City Council called a Public (Assessment) Hearing to be held on May 23, 2022. On May 17, 2022, the City held a public open house at Manchester Park to discuss the final details and assessments with interested property owners. On May 23, 2022, the City Council accepted the bids, awarded a construction contract, and adopted the assessment roll. DISCUSSION The Engineering Department solicited proposals from American Engineering Testing, Inc. and Braun Intertec Corporation for the materials testing and associated engineering services required to facilitate the construction of the projects. Both firms submitted proposals. The consultants separated their proposals by project but both proposals were evaluated in aggregate from each firm as requested by the RFP. The Engineering Department recommends using one firm for both projects to promote efficient use of staff time and lower overall costs. The proposals were reviewed to compare the proposed work scopes, testing rates, and estimated costs. This also included review of the level of effort and clarity of each firm's proposal in meeting the specifications of the project. As needed, assumed quantity and/or testing rate amounts in the proposal were adjusted to facilitate an comparison of equal amounts. The proposals were analyzed and the results are as follows: American Engineering Testing - $104,795.50 Braun Intertec - $84,044.00 Both firms have the required certified personnel, are capable of completing the required work, and have successfully completed past work for the City. Based on the review of the proposals, staff recommends that Braun Intertec be selected for the work. Braun Intertec's proposal is on a unit-cost basis and billed per personnel hours and/or tests at set rates provided in their proposal. Staff recommends an agreement amount of $88,000.00 be awarded to allow 192 for minor adjustments to the testing quantities without need for processing a contract modification. Braun will submit monthly invoices that staff will review before processing. Staff will review the invoices for accuracy and conformance with the contract. BUDGET Funding for both projects will be through the budgets established for each construction project. RECOMMENDATION Staff recommends the City Council approve entering into the contract with Braun Intertec for construction material testing services in the amount of $88,000.00 which includes a small contingency for additional services that routinely arise during construction. ATTACHMENTS AET 2022 City Pavement Rehabilitation Project Testing Proposal AET Lake Lucy Road Rehabilitation Testing Proposal Braun 2022 City Pavement Rehabilitation Proposal Braun 2022 Lake Lucy Road Rehabilitation Proposal Resolution - Award Materials Testing Contract 193 550 Cleveland Avenue North | Saint Paul, MN 55114 Phone (651) 659-9001 | (800) 972-6364 | Fax (651) 659-1379 | teamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. June 14, 2022 City of Chanhassen 7901 Park Place Chanhassen, MN 55317 Attn: Mr. Matt Petite mpetite@ci.chanhassen.mn.us RE: Quality Assurance Testing Proposal 2022 City Pavement Rehabilitation City Project 22-01 Chanhassen, Minnesota AET Proposal No. P-0013847 Dear Mr. Petite: Thank you for the opportunity to provide a proposal to perform testing services on the referenced project. This proposal has been prepared in response to your email request on June 2, 2022, and describes our understanding of the project, our anticipated scope of services, our unit rates, and an estimated total fee to perform these services. PROJECT INFORMATION The City of Chanhassen (the City) will be performing a street improvements and utility improvements and reconstruction project during the 2022 construction season. Construction is anticipated to begin in June and be substantially completed October 2022. The project areas will include the Brinker area, Longacres’ area, and the Stone Creek area. The project will be funded with municipal funds. Plans and Specifications were prepared by Bolton & Menk, dated February 28, 2022. This project will incorporate the City’s testing rates and the number of tests found in the RFP. We understand Construction Inspection and Contract Management of the project will be performed by the City. 194 Quality Assurance Testing Proposal 2022 City Pavement Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013847 Page 2 of 5 GEOTECHNICAL INFORMATION A geotechnical exploration and analysis was performed for this project by WSB. The results were presented in their Revised Geotechnical Report, dated April 5, 2022 (WSB Project No. 018608- 000). Reference should be made to that report for details regarding site conditions and recommendations. PROJECT APPROACH During the construction improvements, AET will provide Engineering Technicians to perform sampling and material testing services in accordance with project specific testing requirements referenced in the project documents. For this project, Justin Staker will be AET’s contact. He can be reached at 651-523-1265 (office). AET requires a minimum of 24 hours’ notice of the need for Services. SCOPE OF SERVICES Based on the scope of services requested in the RFP, our anticipated scope of services is outlined below. These services will be provided on an on-call basis coordinated through authorized City field personnel. Soils Sampling and Testing Our estimate of the sampling and testing to be performed on the grading and base items is based on the requirements of MnDOT’s “Specified Density Method” and in accordance with the RFP. AET will perform MnDOT Relative Density testing (Proctor) as well as in-place density and moisture testing on utility trench backfill. The MnDOT Dynamic Cone Penetrometer will be used to verify compaction on the Class 5 Aggregate Base sections of the project following the MnDOT Penetration Index procedures in accordance with the RFP. AET will perform the sampling of the soils and Class 5 Aggregate Base materials and transport the samples to our St. Paul, Minnesota laboratory. City personnel will update AET on the schedule of material placement, material sources (including changes in source), and changes in quantities. We have also included 5 hours of excavation observations, if needed, as requested in the RFP. These observations will be completed by a Staff Engineer on an on-call basis. 195 Quality Assurance Testing Proposal 2022 City Pavement Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013847 Page 3 of 5 Bituminous Pavement Sampling and Testing As bituminous paving is being completed, AET personnel will pick-up companion samples provided by the contractor during each day of paving and transport the samples to our St. Paul, Minnesota laboratory. Samples will be tested in our laboratory for MnDOT Gyratory Mix Properties as follows: • Gyratory Density (AASHTO T 312) MnDOT Modified • Rice Specific Gravity (ASTM D2041) • Asphalt Extraction and Aggregate Gradation (ASTM D2172 Method E-11) MnDOT Modified C137 and C117 • Fine Aggregate Angularity (AASHTO T 304, Method A, MnDOT 1206.5) • Percent Crushed Particles (MnDOT 1214.8) When placement of the bituminous base and wear layers begins, an Engineering Technician will make site visits on an on-call basis to perform nuclear density gauge verification testing of the bituminous and to help establish a roll pattern. The City will determine and mark the random nuclear density test locations of the bituminous. Concrete Sampling and Testing During the placement of concrete, AET will perform field testing consisting of slump, air content, temperature of the plastic concrete, and casting of cylinders for compression testing. The RFP requires field testing for slump, air content, and temperature per each type of concrete placed each day. Compressive strength cylinders (1 set of 4 cylinders) are required once per each type of concrete placed each day; the cylinders will be retrieved the following day for curing and testing in our laboratory. The first cylinder will be tested after 7 days and 3 cylinders are to be tested at 28-days. We have assumed City personnel will be compiling the concrete batch tickets, certificates of compliance, and AET’s field test results of the plastic concrete, which we will provide each day we are on-site performing testing services. REPORTING AET staff will prepare reports for the City to review. These reports will include the results of our field and laboratory testing as performed per the testing frequencies referenced in the project documents. A final summary report will also be prepared in PDF form consisting of a summary letter and all of our test reports. 196 Quality Assurance Testing Proposal 2022 City Pavement Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013847 Page 4 of 5 ESTIMATED FEES Our services will be provided on a unit cost basis according to the unit rates provided in the attached Materials Testing Estimate. Our invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. The rates are from the annual fee schedule for 2022 projects. Our services will be provided on a unit cost basis according to the unit rates provided in the attached Fee Schedule tabulation. Our monthly invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. We have also estimated a total cost which we anticipate will be required to complete the previously described observations and testing services. This estimated total cost is based on the rates requested in the RFP. Our estimated total cost is $84,044.50. We refer you to the attached Fee Schedule for an itemization of how we arrived at this estimated cost. We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor’s schedule, unforeseen conditions, or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. We will not, however, exceed the estimated total cost for the project without first obtaining your authorization. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Construction Service Agreement—Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers, and third-party beneficiaries. Please be advised that additional insured status is granted only upon written acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions: 1) issuing an authorizing purchase order for any of the Services described in this proposal, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance 197 Quality Assurance Testing Proposal 2022 City Pavement Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013847 Page 5 of 5 of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. GENERAL REMARKS AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need addition information, please contact me. Sincerely, American Engineering Testing Ryan S. Schaefer Justin L. Staker, PE (MN) Geologist I Engineer II/Project Manager rschaefer@teamAET.com jstaker@teamAET.com 612-618-8066 651-523-1265 Attachments: Materials Testing Estimate Construction Service Agreement – Terms and Conditions Certificate of Insurance W9 AET PROPOSAL No. P-0013847 ACCEPTANCE AND AUTHORIZATION Authorized Client Representative: Signature: Printed Name: City: PO No./Project No.: Invoice email: Date: 198 SERVICE DESCRIPTION UNIT BUDGET RATE AMOUNT # Units Amount Excavation Observations and Compaction Testing 1 Staff Engineer I for observations of excavations, consultation and reporting (services provided on an on-call basis).5 hours $146.00 $730.00 0.00 $0.00 2 Engineering Technician II for soil compaction testing (services provided on an on- call basis - assumes 65 trips to the jobsite).110 hours $99.00 $10,890.00 0.00 $0.00 3 Soil compaction tests (nuclear density gauge).60 tests $35.00 $2,100.00 0 $0.00 4 Dynamic Cone Penetrometer (DCP) tests 76 tests $55.00 $4,180.00 0 $0.00 5 Personal or company vehicle mileage.3575 miles $1.10 $3,932.50 0 $0.00 6 Standard Proctor tests (Methods A or B).14 tests $160.00 $2,240.00 0 $0.00 7 Sieve tests of granular fill and Class 5 aggregate base.20 tests $117.00 $2,340.00 0 $0.00 $0.00 8 Topsoil Borrow test 1 test $300.00 $300.00 0 $0.00 Concrete Testing 1 Engineering Technician II for observations of reinforcing steel and testing of concrete (services provided on an on-call basis -assumes 40 trips to the jobsite); used 2.5 hours per trip to estimate.100 hours $99.00 $9,900.00 0.00 $0.00 2 Personal or company vehicle mileage.2200 miles $1.10 $2,420.00 0 $0.00 3 Curing, handling and compressive strength testing of 4"x 8" concrete test cylinders (includes handling of non-tested cylinders).110 cyls.$35.00 $3,850.00 0 $0.00 4 Concrete cylinder pick-up service from jobsite.40 trips $85.00 $3,400.00 0 $0.00 Bituminous Observations and Testing 1 Engineering Technician II for establishing roll pattern and density testing, and obtaining samples for laboratory testing (services provided on an on-call basis - assumes 32 trips to the jobsite).104 hours $99.00 $10,296.00 0.00 $0.00 2 Personal or company vehicle mileage.1760 miles $1.10 $1,936.00 0 $0.00 3 MnDOT Gyratory properties of bituminous; including Asphalt Extraction and Aggregate Gradation tests, Rice Specific Gravity test, and Gyratory Density test. 32 tests $540.00 $17,280.00 0 $0.00 Project Management & Coordination 1 Staff Engineer II/Project Manager for coordination of AET personnel and activities, attending meetings (if requested), consultation and report preparation.50 hours $165.00 $8,250.00 0.00 $0.00 TOTAL $84,044.50 INVOICED $0.00 THROUGH 6/14/2022 AET PROPOSAL No. P-0013847 FEE SCHEDULE PROJECT TESTING SERVICES 2022 CITY PAVEMENT REHABILITATION PROJECT CHANHASSEN, MINNESOTA ESTIMATED BUDGET PROJECT BUDGET INVOICED THROUGH ESTIMATED UNITS TOTAL AMOUNTS 6/14/2022 Page 1 of 1 199 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 1 - RESPONSIBILITIES 1.1 – This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all services ("Services") provided by American Engineering Testing, Inc. (AET). As used herein “Services” refer to the scope of Services described in the proposal submitted by AET to C lient. The proposal, these terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order , task order, service order, or any other documentation for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1.2 - Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and their client and/or Owner which contain flow-down provisions to AET, if they are included, site safety plans or other documents which may control or affect AET's Services. If new information becomes available or changes are made during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elev ation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative for timely answers to project-related questions by AET. 1.3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations regarding the same. However, AET’s Services do not relieve the contractors of their contractual responsibility to perform the ir work in accordance with approved plans, specifications and building code requirements. 1.4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot sto p work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services. 1.5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption of those responsibilities. 1.6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampl ing. Variations in conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and d irect or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations. 1.7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1.9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are recommended to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suit ability of materials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments. AET’s opinions, conclusions and recommendations are qualified to that extent. 1.10 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including term s of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.11 – The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary. SECTION 2 – ON CALL SERVICES 2.1 - If AET’s Services are performed on an on-call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent limitations associated with performing engineering judgments and tes ting Services on an on-call basis, including without limitation, the inability to completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET’s opinions, conclusions, and recommendations are qualified to the extent of those limitations. 2.2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally, above or below. AET can only provide judgments regarding the engineered fill system to adequately supp ort the design construction loadings by monitoring the filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort. 2.3 – AET requires a minimum of 24 hours’ notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client to provide adequate advance notice to AET. SECTION 3 - SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3.1 - Client will furnish AET safe and legal site access. 3.2 – With the exception of public utilities which AET will contact state “call before you dig” notification centers (e.g. Gopher State One call in Minnesota), Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3.3 – Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET s hall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. 3.4 - The location and elevation of a proposed structure or facility shall be staked (with offsets) and controlled by surveying or GPS equipment by others. AET’s measurements are made in relation to that information. The reliability of any opinions, conclusions, and recommendation s based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided by others. 3.5 - During construction, observations and testing Services are based on the positioning of the formwork by the contractor or its subcontractor. AET will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. 200 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 4 - SAFETY 4.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its authori zed representative(s) is responsible for the safety of the jobsite. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 4.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 5 - SAMPLES 5.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or s ubmitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material sampl es will be returned to the Client at AET's discretion. 5.2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, th e Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 6 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a m inimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 7 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 8 - INSURANCE AET maintains insurance with coverage and minimum limits shown below. AET will furnish certificates of insurance to Client upon request. 8.1 – Workers’ Compensation Statutory Limits Employer’s Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional/Pollution Liability Insurance $1,000,000 per claim $1,000,000 aggregate 8.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET’s Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity obligations under this Agreement. 8.3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 8.4 - Professional/Pollution Liability Insurance is written on a claims-made basis and coverage will be maintained for one (1) year after completion of AET’s Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date. 8.5 - To the extent permitted by applicable state law, and upon Client’s signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14, which includes blanket coverage for the Additional Insured on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional charges. 8.6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 8.7 - AET reserves the right to charge Client for AET’s costs for additional coverage requirement s unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project spe cific requirements. SECTION 9 - DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control, a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment. 201 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 10 - PAYMENT, INTEREST AND BREACH 10.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 10.2 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET’s possession. If Client fails to cure such breach, all report s associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 10.3 – AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 11 - CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicat e with Client and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for Services authorized under this agreement. Approval of a change order may be in writing, by electronic communication, or any directive for additional Services. SECTION 12 - MEDIATION 12.1 - Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights, includin g without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the inst itution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 12.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator’s f ee and any filing fees equally and each party shall pay their own legal fees. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 13 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 10 hereof, payment of attorney’s fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and other direct costs. SECTION 14 - MUTUAL INDEMNIFICATION 14.1 - Subject to the limitations contained in Sections 14 and 17, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's negligent performance of the Services. 14.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 14.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Servi ces are performed, the Client shall include AET as an Additional Insured. 14.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damag es caused by its failure to meet the standard of care and only to the extent of its negligence. SECTION 15 - NON-SOLICITATION Each party to this Agreement (a “Party”) agrees that it will not encourage, induce, or actively solicit any employee of the o ther party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring an y such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such em ployee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees of the other Party who contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 16- MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other’s officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resultin g from or in any way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict 202 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. liability, breach of contract, or breach of warranty shall not exceed the total compensation in excess of costs received by A ET for Services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 18 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 19 - TERMINATION After 7 days' written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all Services performed, including demobilization and reporting costs to complete the Services. SECTION 20 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 21 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regar d to its conflicts of law provisions. SECTION 22 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract for mat submitted by the Client as a condition for payment of AET's accrued Services. 203 204 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/6/2021 License # 20443386 (651) 288-5137 (651) 286-0560 25623 AMERICAN CONSULTING SERVICES INC AMERICAN ENGINEERING TESTING INC AMERICAN PETROGRAPHIC SERVICES INC 550 CLEVELAND AVE N ST PAUL, MN 55114-1804 25666 25674 25658 20443 A 2,000,000 P630539K8896PHX22 1/1/2022 1/1/2023 1,000,000 10,000 2,000,000 4,000,000 4,000,000 2,000,000B 8102L6457122143G 1/1/2022 1/1/2023 10,000,000C CUP3K2260092143 1/1/2022 1/1/2023 10,000,000 0 D UB9H9151012143G 1/1/2022 1/1/2023 1,000,000 N 1,000,000 1,000,000 E PROF/POLL LIABILITY ECH254066939 1/1/2022 EACH CLAIM 10,000,000 E RETRO: 070287 ECH254066939 1/1/2022 1/1/2023 AGGREGATE 15,000,000 RENEWALS: contracts@teamAET.com ILLUSTRATION CERTIFICATE AMERCON-12 AROSS Hub International Great Plains 245 E. Roselawn Avenue Suite 31 Saint Paul, MN 55117-1940 Ann Ross ann.ross@hubinternational.com The Phoenix Insurance Company The Travelers Indemnity Company of America Travelers Property Casualty Company of America The Travelers Indemnity Company Continental Casualty Company X 1/1/2023 X X X X X X X 205 550 Cleveland Avenue North | Saint Paul, MN 55114 Phone (651) 659-9001 | (800) 972-6364 | Fax (651) 659-1379 | teamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. June 14, 2022 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Attn: Mr. Matt Petite mpetite@ci.chanhassen.mn.us RE: Quality Assurance Testing Proposal Lake Lucy Road Rehab S.A.P. 194-101-014 City Project No. 20-03 Chanhassen, Minnesota AET Proposal No. P-0013848 Dear Mr. Petite: Thank you for the opportunity to provide a proposal to perform testing services on the referenced project. This proposal has been prepared in response to your email request on June 7, 2022, and describes our understanding of the project, our anticipated scope of services, our unit rates, and an estimated total fee to perform these services. PROJECT INFORMATION The City of Chanhassen (the City) will be performing a street rehabilitation and utility improvements project during the 2022 construction season. Construction is anticipated to begin July 2022 and be completed early summer 2023. The project area will include Lake Lucy Road between State Highway 41 and County Road 117. The project will be funded with state aid and local funds. Plans and Specifications were prepared by WSB. We understand Construction Inspection and Contract Management of the project will be performed by the City. The project includes mill and overlay improvements, ADA improvements, select curb and gutter replacements, and utility improvements. 206 Quality Assurance Testing Proposal Lake Lucy Road Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013848 Page 2 of 6 GEOTECHNICAL INFORMATION A geotechnical exploration and analysis was performed for this project by AET. The results were presented in our Report of Geotechnical Exploration and Review, dated December 20, 2019 (AET Project No. 28-20260). In the report, the site soil profile is generalized as gravelly slightly plastic sandy loam and crushed limestone. Reference should be made to that report for more details regarding site conditions and recommendations. PROJECT APPROACH During the construction improvements, AET will provide experienced MnDOT certified Engineering Technicians to perform sampling and material testing services in accordance with the 2022 State Aid for Local Transportation Schedule of Materials Control (2022 SALT SMC). For this project, Justin Staker will be AET’s contact. He can be reached at 651-523-1265 (office). AET requires a minimum of 24 hours’ notice of the need for Services. We understand that the City or their authorized representative will contract with MnDOT Metro Inspections for bituminous and concrete plant monitoring. SCOPE OF SERVICES Based on our review of the available plans, our anticipated scope of services is outlined below. These services will be provided on an on-call basis coordinated through authorized City field personnel. Soils Sampling and Testing Our estimate of the sampling and testing to be performed on the grading and base items is based on the requirements of MnDOT’s “Specified Density Method” and in accordance with the 2022 SALT SMC. AET will perform MnDOT Relative Density testing (Proctor) as well as in-place density and moisture testing on the following materials: • Utility Trench Backfill The MnDOT Dynamic Cone Penetrometer will be used to verify compaction on the granular sections, including the Class 5 Aggregate Base sections of the project following the MnDOT Penetration Index procedures in accordance with the 2022 SALT SMC. AET will perform the sampling of the Class 5 Aggregate Base materials and transport the samples to our St. Paul, Minnesota laboratory. The City personnel will update AET on the 207 Quality Assurance Testing Proposal Lake Lucy Road Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013848 Page 3 of 6 schedule of material placement, material sources (including changes in source), and changes in quantities. Full Depth Reclamation (FDR) AET will perform dynamic cone penetrometer (DCP) testing and moisture content testing of the full depth reclamation material in accordance with the 2022 SALT SMC. We have included up to 4 gradations of this material in our proposal. The frequency of these gradations for an FDR project are at the discretion of the Engineer. We assume the City’s Inspector will perform depth checks of the FDR material. Bituminous Pavement Sampling and Testing As bituminous paving is being completed, AET personnel will pick-up companion samples provided by the contractor, during each day of paving, and transport the samples to our St. Paul, Minnesota laboratory. Samples will be tested in our laboratory for MnDOT Gyratory Mix Properties as follows: • Gyratory Density (AASHTO T 312) MnDOT Modified • Rice Specific Gravity (ASTM D2041) • Asphalt Extraction and Aggregate Gradation (ASTM D2172 Method E-11) MnDOT Modified C137 and C117 • Fine Aggregate Angularity (AASHTO T 304, Method A, MnDOT 1206.5) • Percent Crushed Particles (MnDOT 1214.8) AET assumes the City will utilize the MnDOT program to determine random core locations of bituminous based on information regarding tonnage (lot sizes) and pavement placement patterns. We also assume the City personnel will mark the core locations in the field. This proposal does not incorporate the time and cost to mark the core locations or to determine random core locations. These services will be provided at your request. The City will coordinate the removal of both the contractor and companion cores with the contractor. After the completion of the coring, AET will retrieve companion core samples from the project contractor for laboratory testing. This testing will include the following: • The thickness of each layer of the core sample • The density of each layer of the core sample 208 Quality Assurance Testing Proposal Lake Lucy Road Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013848 Page 4 of 6 Concrete Sampling and Testing During the placement of concrete, AET will perform field testing consisting of slump, air content, temperature of the plastic concrete, and casting of cylinders for compression testing. The 2022 SALT SMC requires field testing for slump, air content, and temperature per every 100 cubic yards of each type of concrete placed each day. Compressive strength cylinders (1 set of 3 cylinders) are required once per every 300 cubic yards of each type of concrete placed each day; the cylinders will be retrieved the following day for curing and testing in our laboratory. The 3 cylinders are to be tested at 28-days. We are proposing to cast sets of 5 cylinders, with compressive strength testing as follows: 1 at 7 days, 3 at 28 days, and the 5th cylinder will be held in reserve for future testing if the 28-day strength requirement is not met. We have assumed the City personnel will be compiling the concrete batch tickets, certificates of compliance, and AET’s field test results of the plastic concrete, which we will provide each day we are on-site performing testing services. REPORTING AET staff will prepare reports for the the City to review. These reports will include the results of our field and laboratory testing as performed per the 2022 SALT SMC and testing frequencies referenced in the project documents. AET will complete the Preliminary Grading and Base Report and the Final Grading and Base Report, once provided with final project quantities. Daily field reports will also be prepared and made available upon request. A final summary report will also be prepared in PDF form consisting of a Final Grading and Base Report (once we are provided with final quantities), Materials Exception Summary, Bituminous and Concrete Plant Exception Letters (obtained from MnDOT), Bituminous Core Stationing Logs, MnDOT Physical Tester/Inventory Roster, Inspection Report for Small Quantities (Form 2403), and all our test reports. ESTIMATED FEES Our services will be provided on a unit cost basis according to the unit rates provided in the attached Materials Testing Estimate. Our invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. The rates are from the annual fee schedule for 2022 projects. We have estimated a “minimum required estimate” for the project which estimates the tests needed to satisfy the requirements as defined in the 2022 SALT SMC and the project documents. The “likely needed estimate” is the cost that we anticipate will be required to complete the previously described testing services, based on our experience and assumed 209 Quality Assurance Testing Proposal Lake Lucy Road Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013848 Page 5 of 6 scheduling of the project. Therefore, we propose a budget cost estimate using the “likely needed” estimate for the scope of services for the project as outlined in this proposal. Our “likely needed” estimated fee is $20,751.00. We refer you to the attached Materials Testing Estimate as reference to how we arrived at this estimated cost for the project. We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor’s schedule, unforeseen conditions, or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. We will not, however, exceed the estimated total cost for the project without first obtaining your authorization. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Construction Service Agreement—Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted only upon written acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions: 1) issuing an authorizing purchase order for any of the Services described in this proposal, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. 210 Quality Assurance Testing Proposal Lake Lucy Road Rehabilitation, Chanhassen, MN June 14, 2022 AET Proposal No. P-0013848 Page 6 of 6 GENERAL REMARKS AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need addition information, please contact me. Sincerely, American Engineering Testing Justin L. Staker, PE (MN) Lucas J. Loveall Engineer II/Project Manager Geologist I jstaker@teamAET.com lloveall@teamAET.com 651-523-1265 612-447-9515 Attachments: Materials Testing Estimate Construction Service Agreement – Terms and Conditions Certificate of Insurance W9 AET PROPOSAL No. P-0013848 ACCEPTANCE AND AUTHORIZATION Authorized Representative Signature: Date: Printed Name: City: PO No./Project No.: Invoice Email: 211 Minimum Likely Minimum Likely 1 4 160.00 160.00 640.00 2 8 35.00 70.00 280.00 1 1 42.00 42.00 42.00 2 2 117.00 234.00 234.00 7 10 55.00 385.00 550.00 1 1 42.00 42.00 42.00 115.00 0.00 0.00 115.00 0.00 0.00 525.00 0.00 0.00 470.00 0.00 0.00 242.00 0.00 0.00 0 4 117.00 0.00 468.00 1 4 55.00 55.00 220.00 1 1 42.00 42.00 42.00 2 3 540.00 1080.00 1620.00 6 12 49.00 294.00 588.00 Bituminous- Driveway 4"SY 198 540.00 Bituminous - 3" Trail SY TON 2,730 463 2 5 1 2 540.00 540.00 1080.00 Topsoil Borrow CY 355 1 2 1 1 300.00 300.00 300.00 15 50 35.00 525.00 1750.00 3 10 85.00 255.00 850.00 27 72 Subtotal =4,024.00 8,706.00 Notes: Unit Rate ($)Minimum Quantity Likely Quantity Minimum Cost Mile 1.10 1,620 1,620 1,782.00 Hour 99.00 72 72 7,128.00 Hour 165.00 8 8 1,320.00 Hour 165.00 8 11 1,320.00 Subtotal =11,550.00 Minimum Likely Estimate prepared by: Lucas Loveall 15,574.00 20,751.00 4. We have not included time for marking bituminous core locations, nor have we included time for determing the random bituminous core locations. Materials Testing Estimate for 2022 Lake Lucy Road Rehabilitation ‒ 2022 SALT SMC Likely Cost QA Testing & Frequency Plastic Concrete Testing (1 set of tests/100 CY) - Included in hourly rate see below Topsoil Borrow Testing (Engineer's discretion) SAP 194-101-014, CP 20-03; Chanhassen, MN Cost ($)Cost per Test ($) Proctor (1/soil type) MnDOT Gyratory Mix Properties (1/day/mix type) Concrete sample pick up from job site # of Tests 6 13 Aggregate Base Class 5 note 1 CY LFStorm Sewer 72 12,045.00 QuantityUnits Time and Mileage Material HoursTrips Relative Moisture (1/20000 CY) Walks and Trails, DCP (1/500 feet) Longitudinal Trenches, Specified Density Nuclear Gauge (1/500'/2' fill) Relative Moisture (1/10000 CY, 10 max) 1. For grading and base materials, per the 2022 SALT SMC, less than 500 tons (250 CY) may be accepted by the Engineer without testing. Engineer II, Project Management Total Cost Estimate = Concrete Compressive Strength, Curing, & Handling 4x8 Cylinders (includes mold) 140 2 5 Gradation (2 per lot, 1 lot ≤ 2000 CY) Percent Crushed (1/source, if required) LAR (1/source, if required) Insoluble Residue (1/source, if required) Litho Exam & Shale Float Test (1/source, if required) Bitumen Content (Engineer's discretion) 2. Material quantities are estimated based upon Statement of Estimated Quantities, conversions, and plans. 3. Number of "Likely" bituminous samples, cores, and trips assumes 3 days of paving (800 tons of bituminous per day). Assumes testing of all companion cores and no longitudinal density cores. MnDOT Gyratory Mix Properties (1day/mix type) SY 2,730 3 7 3 7 Companion Core Density & Thickness 10 33 Full Depth Reclamation (FDR) Bituminous - SP WE/NW TON 2,150 1,815.00 Engineer II, Final Summary Report 1,320.00 Relative Moisture (1/1000 CY, 10 max) Mileage, Personal Automobile/Truck 1,782.00 Level II Engineering Technician 7,128.00 MnDOT Gyratory Mix Properties (1/day/mix type) Penetration Index DCP (1/10000 SY, test rolled) Gradation (Engineer's discretion) Concrete - Sidewalk, Pedestrian Ramps, Curb & Gutter, Driveway CY 216 Page 1 of 1 212 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 1 - RESPONSIBILITIES 1.1 – This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all services ("Services") provided by American Engineering Testing, Inc. (AET). As used herein “Services” refer to the scope of Services described in the proposal submitted by AET to C lient. The proposal, these terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order , task order, service order, or any other documentation for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1.2 - Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and their client and/or Owner which contain flow-down provisions to AET, if they are included, site safety plans or other documents which may control or affect AET's Services. If new information becomes available or changes are made during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elev ation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative for timely answers to project-related questions by AET. 1.3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations regarding the same. However, AET’s Services do not relieve the contractors of their contractual responsibility to perform the ir work in accordance with approved plans, specifications and building code requirements. 1.4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot sto p work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services. 1.5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption of those responsibilities. 1.6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampl ing. Variations in conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and d irect or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations. 1.7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1.9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are recommended to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suit ability of materials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments. AET’s opinions, conclusions and recommendations are qualified to that extent. 1.10 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including term s of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.11 – The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary. SECTION 2 – ON CALL SERVICES 2.1 - If AET’s Services are performed on an on-call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent limitations associated with performing engineering judgments and tes ting Services on an on-call basis, including without limitation, the inability to completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET’s opinions, conclusions, and recommendations are qualified to the extent of those limitations. 2.2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally, above or below. AET can only provide judgments regarding the engineered fill system to adequately supp ort the design construction loadings by monitoring the filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort. 2.3 – AET requires a minimum of 24 hours’ notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client to provide adequate advance notice to AET. SECTION 3 - SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3.1 - Client will furnish AET safe and legal site access. 3.2 – With the exception of public utilities which AET will contact state “call before you dig” notification centers (e.g. Gopher State One call in Minnesota), Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3.3 – Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET s hall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. 3.4 - The location and elevation of a proposed structure or facility shall be staked (with offsets) and controlled by surveying or GPS equipment by others. AET’s measurements are made in relation to that information. The reliability of any opinions, conclusions, and recommendation s based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided by others. 3.5 - During construction, observations and testing Services are based on the positioning of the formwork by the contractor or its subcontractor. AET will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. 213 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 4 - SAFETY 4.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its authori zed representative(s) is responsible for the safety of the jobsite. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 4.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 5 - SAMPLES 5.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or s ubmitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material sampl es will be returned to the Client at AET's discretion. 5.2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, th e Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 6 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a m inimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 7 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 8 - INSURANCE AET maintains insurance with coverage and minimum limits shown below. AET will furnish certificates of insurance to Client upon request. 8.1 – Workers’ Compensation Statutory Limits Employer’s Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional/Pollution Liability Insurance $1,000,000 per claim $1,000,000 aggregate 8.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET’s Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity obligations under this Agreement. 8.3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 8.4 - Professional/Pollution Liability Insurance is written on a claims-made basis and coverage will be maintained for one (1) year after completion of AET’s Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date. 8.5 - To the extent permitted by applicable state law, and upon Client’s signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14, which includes blanket coverage for the Additional Insured on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional charges. 8.6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 8.7 - AET reserves the right to charge Client for AET’s costs for additional coverage requirement s unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project spe cific requirements. SECTION 9 - DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control, a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment. 214 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. SECTION 10 - PAYMENT, INTEREST AND BREACH 10.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 10.2 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET’s possession. If Client fails to cure such breach, all report s associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 10.3 – AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 11 - CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicat e with Client and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for Services authorized under this agreement. Approval of a change order may be in writing, by electronic communication, or any directive for additional Services. SECTION 12 - MEDIATION 12.1 - Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights, includin g without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the inst itution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 12.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator’s f ee and any filing fees equally and each party shall pay their own legal fees. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 13 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 10 hereof, payment of attorney’s fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and other direct costs. SECTION 14 - MUTUAL INDEMNIFICATION 14.1 - Subject to the limitations contained in Sections 14 and 17, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's negligent performance of the Services. 14.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 14.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Servi ces are performed, the Client shall include AET as an Additional Insured. 14.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damag es caused by its failure to meet the standard of care and only to the extent of its negligence. SECTION 15 - NON-SOLICITATION Each party to this Agreement (a “Party”) agrees that it will not encourage, induce, or actively solicit any employee of the o ther party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring an y such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such em ployee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees of the other Party who contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 16- MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other’s officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resultin g from or in any way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict 215 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 ACS 403C (05/22) AMERICAN ENGINEERING TESTING, INC. liability, breach of contract, or breach of warranty shall not exceed the total compensation in excess of costs received by A ET for Services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 18 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 19 - TERMINATION After 7 days' written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all Services performed, including demobilization and reporting costs to complete the Services. SECTION 20 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 21 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regar d to its conflicts of law provisions. SECTION 22 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract for mat submitted by the Client as a condition for payment of AET's accrued Services. 216 217 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/6/2021 License # 20443386 (651) 288-5137 (651) 286-0560 25623 AMERICAN CONSULTING SERVICES INC AMERICAN ENGINEERING TESTING INC AMERICAN PETROGRAPHIC SERVICES INC 550 CLEVELAND AVE N ST PAUL, MN 55114-1804 25666 25674 25658 20443 A 2,000,000 P630539K8896PHX22 1/1/2022 1/1/2023 1,000,000 10,000 2,000,000 4,000,000 4,000,000 2,000,000B 8102L6457122143G 1/1/2022 1/1/2023 10,000,000C CUP3K2260092143 1/1/2022 1/1/2023 10,000,000 0 D UB9H9151012143G 1/1/2022 1/1/2023 1,000,000 N 1,000,000 1,000,000 E PROF/POLL LIABILITY ECH254066939 1/1/2022 EACH CLAIM 10,000,000 E RETRO: 070287 ECH254066939 1/1/2022 1/1/2023 AGGREGATE 15,000,000 RENEWALS: contracts@teamAET.com ILLUSTRATION CERTIFICATE AMERCON-12 AROSS Hub International Great Plains 245 E. Roselawn Avenue Suite 31 Saint Paul, MN 55117-1940 Ann Ross ann.ross@hubinternational.com The Phoenix Insurance Company The Travelers Indemnity Company of America Travelers Property Casualty Company of America The Travelers Indemnity Company Continental Casualty Company X 1/1/2023 X X X X X X X 218 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com June 10, 2022 Proposal QTB160397 Mr. Matt Petite City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Re: Proposal for Construction Materials Testing Services Chanhassen – 2022 City Pavement Rehabilitation – CP 22-01 City Project 22-01 Chanhassen, Minnesota Dear Mr. Petite: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the Chanhassen – 2022 City Pavement Rehabilitation project located in three areas within Chanhassen, Minnesota Since our inception in 1957, we have grown into one of the largest employee-owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project The project consists of roadway improvements at the following areas: Longacres Area, Brinker Area, and Stone Creek Area. Longacres Area is located just south and north of Longacres Drive. Brinker Area is located east of Galpin Boulevard from Majestic Way to Walnut Curve. Stone Creek Area is located around the intersection of Stone Creek Drive and Stone Creek Road. The project involves roadway full depth reclamation and reconstruction. Curbs and sidewalks will have select removal and reconstruction. The storm sewer system will have some new installations and improvements. The construction materials testing portion of work involves utility installation, bituminous pavements, aggregate base and full depth reclaim sampling and laboratory testing, dynamic cone penetrometer testing of compacted aggregate base and full depth reclaim, concrete field and laboratory testing, and bituminous field and laboratory testing. 219 City of Chanhassen Proposal QTB160397 June 10, 2022 Page 2 Available Project Information This proposal was prepared using the following documents and information. Project manual and plans prepared by Bolton & Menk, Inc. dated March 28, 2022. The Requests for Proposals For 2022 Construction Materials Testing from the City of Chanhassen emailed June, 2, 2022. Project Team For this project we propose to use Tom Loosbrock as our lead senior technician and Andrew Valerius as our project manager. Tom and Andrew will be supported by principal engineer, Charles Cadenhead. The project team has provided services on a number of City of Chanhassen projects in the past including: Orchard Lane Area Improvements, Minnewashta Manor Neighborhood Street Reconstruction and the 2016 and 2017 Street Resurfacing and Rehabilitation Projects and state-aid projects Lake Drive Improvements and Minnewashta Parkway Rehabilitation. Tom is a senior engineering assistant responsible for field operation coordinating, general project management; soil density testing using nuclear and sand cone methods; soil excavation observations; DCP testing, concrete testing and bituminous testing. Andrew is a senior project manager responsible for overseeing the quality control and day-to-day operations of engineering technicians involved in roadway and bridge projects, especially for state-aid and federally-funded projects. He has extensive experience working with the Minnesota Department of Transportation’s (MnDOT) Schedule of Materials Control and MnDOT’s Standard Specifications for Construction. Internally, he help leads the Braun Intertec transportation construction materials testing group for the State of Minnesota. Andrew also helps organize and presents at many educational sessions that focus on MnDOT’s specifications and procedures. Andrew’s past experience providing field services, such as soil density testing, concrete testing, bituminous and concrete batch plant observations, and testing services has allowed him to gain the necessary knowledge of field testing practices and practical site experience to perform his senior project manager role at a high level and deliver quality results safely. Charles has more than 24 years of experience in the transportation industry and more than 18 years of experience in delivering construction projects for owners (MnDOT and Anoka County) and other clients. With every project, from design-bid-build to design-build Charles has been one of the primary individuals entrusted with quality oversight from all aspects. While working for MnDOT his primary focus was on the construction side of projects, however with his experience at Anoka County and as a consultant he has been involved in both design and construction quality management. At Anoka County he was involved as early as the right-of- way process and used his expertise in construction to help manage risks associated with the design of projects. Projects have been various in size from simple span bridges and mill and overlays to large design- build projects with over $200 million in construction. Charles brings years of contract administration and change management experience to bear in order to arrive at a successfully completed project. Resumes for Tom Loosbrook, Andrew Valerius, and Charles Cadenhead can be provided upon request. 220 City of Chanhassen Proposal QTB160397 June 10, 2022 Page 3 Scope of Services Services are performed under the direction of a licensed professional engineer. Testing services will be performed on an as-needed basis as requested and scheduled by you or your on-site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soil Related Services Measure the in-place dry density, moisture content and relative compaction of fill placed for pavement and utility backfill for compliance with the project documents. This task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in-place dry densities and moisture contents. Sample and test and aggregate base and reclamation materials for compliance with the project documents. This task includes laboratory gradation testing of these materials. Perform dynamic cone penetrometer (DCP) tests on compacted aggregate base and reclaimed material. Concrete Related Services Sample and test fresh concrete associated with pavement, curb-and-gutter, minor shade structure foundations, and other site concrete for compliance with the project documents, and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. A set of three cylinders will be tested at 28 days for each set cast per the project specifications. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. Bituminous Related Services Sample and test bituminous pavement materials for compliance with the project documents. This task includes Rice specific gravity, Gyratory density, fine aggregate angularity, percent crushed, asphalt content and extracted aggregate gradation tests of the bituminous. Provide nuclear density testing for the bituminous pavement on this project in establishment of a roll pattern on the day of paving. 221 City of Chanhassen Proposal QTB160397 June 10, 2022 Page 4 Consulting, Project Communication and Reporting Services Project management, including scheduling of our field personnel. Review test reports, and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed. Transmit test results to the project team on a weekly basis. Provide a final report compiling all tests completed for the project upon completion of the project. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: We understand, per the RFP, the soils and aggregate testing portion of the project is estimated at 110 hours of technician time and 65 trips. In the technician hours nuclear density testing, material sampling, and DCP testing will be conducted. We understand, per the RFP, laboratory testing of 20 gradation samples and 14 proctor samples will be conducted. We understand, per the RFP, the concrete testing portion of the project will involve 60 hours of technician time for testing and 20 hours for sample pickup with a total of 40 trips. We also understand that a total of 110 cylinders are estimated to be needed with each set being four cylinders. We understand, per the RFP, the bituminous testing portion of the project will include a total of 72 hours of technician time for sampling and nuclear density testing for roll patterns on days of paving. We also understand that 32 bulk samples of the bituminous mixes will be tested for MnDOT gyratory mix properties. We understand, per the RFP, that an additional 5 hours of engineering time is potentially needed for geotechnical evaluation and recommendation and only be used if very poor soils or unstable base is encountered during excavations. We assume the project engineer of record will review and approve contractor’s quality control submittals and test results. You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. 222 City of Chanhassen Proposal QTB160397 June 10, 2022 Page 5 We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $71,417. Our estimated costs are based on the request for proposal provided quantities. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges based on conversations with the contractor. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. 223 City of Chanhassen Proposal QTB160397 June 10, 2022 Page 6 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Jacob Collins at 612.418.8570 (jacollins@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Jacob D. Collins Project Manager Andrew M. Valerius Account Leader, Senior Project Manager Charles M. Cadenhead Jr., PE Vice President, Principal Engineer Attachments: Cost Estimate Table General Conditions (1/1/18) The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date 224 Client:Service Description:Work Site Address: Longacres Area, Brinker Area, and Stone Creek Area Chanhassen, MN 55317 City of Chanhassen Matt Petite 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 (952) 227-1100 Construction Materials Testing City Project 22-01 Proposal Total:$71,417.00 Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Soil Observations and Testing $20,905.00 128 Senior Engineer - Geotechnical Evaluation - Excavation Observations 5.00 Hour 185.00 $925.00 207 Compaction Testing - Nuclear 60.00 Hour 86.00 $5,160.00 1308 Nuclear moisture-density meter charge, per hour 60.00 Each 24.00 $1,440.00 217 Compaction Testing - DCP 40.00 Hour 86.00 $3,440.00 209 Sample pick-up 10.00 Hour 86.00 $860.00 1318 Moisture Density Relationship (Standard), per sample 14.00 Each 185.00 $2,590.00 1162 Sieve Analysis with 200 wash, per sample 20.00 Each 136.00 $2,720.00 1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 150.00 $150.00 1228 Topsoil Testing with nutrients, per sample 1.00 Each 370.00 $370.00 1861 CMT Trip Charge 65.00 Each 50.00 $3,250.00 Activity 1.2 Concrete Observations and Testing $12,620.00 261 Concrete Testing 60.00 Hour 86.00 $5,160.00 278 Concrete Cylinder Pick up 20.00 Hour 86.00 $1,720.00 1364 Compressive strength of concrete cylinders (ASTM C 39), each 110.00 Each 34.00 $3,740.00 1861 CMT Trip Charge 40.00 Each 50.00 $2,000.00 Activity 1.3 Pavement Observations & Testing $30,320.00 209 Split Sample Pick Up / Log In of Samples 40.00 Hour 86.00 $3,440.00 207 Compaction Testing - Nuclear and Roll Pattern Establishment 32.00 Hour 86.00 $2,752.00 1308 Nuclear moisture-density meter charge, per hour 32.00 Each 24.00 $768.00 1861 CMT Trip Charge 32.00 Each 50.00 $1,600.00 2689 MnDOT Asphalt Verification, per sample 32.00 Each 680.00 $21,760.00 Activity 1.4 Project Management $7,572.00 238 Project Assistant 15.00 Hour 86.00 $1,290.00 226 Project Manager 33.00 Hour 164.00 $5,412.00 128 Senior Engineer 2.00 Hour 185.00 $370.00 1230 Final Report (City Project 22-01)1.00 Each 500.00 $500.00 Phase 1 Total:$71,417.00 Page 1 of 106/10/2022 02:06 PM Project Proposal QTB160397 Chanhassen - 2022 City Pavement Rehabilitation 225 General Conditions GC Page 1 of 2 Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization (“Agreement”). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words “you,” “we,” “us,” and “our” include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other documentation to authorize our scope of work (“Services”), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and further that site conditions may vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the performance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 3.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information in your possession or control relating to such materials or samples. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 3.5 Neither this Agreement nor the providing of Services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by law, and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only for the related project and for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 4.3 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.5 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 226 GC Revised 1/1/2018 Page 2 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless the third party is creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party’s representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement, neither party hereto shall be responsible or held liable to the other for punitive, indirect, incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output, or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract, tort, statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. 227 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com June 10, 2022 Proposal QTB160400 Mr. Matt Petite City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Re: Proposal for Construction Materials Testing Services Chanhassen – Lake Lucy Road Rehabilitation Project S.A.P. 194-101-014 City Project 20-03 Chanhassen, Minnesota Dear Mr. Petite: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the Lake Lucy Road Mill and Overlay project in Chanhassen, Minnesota. Since our inception in 1957, we have grown into one of the largest employee owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project We understand this project will include removal of portions of the existing roadway, curbs, and sidewalks. Majority of the roadway will have the surface milled two and a half inches for placement of new wear course two and a half inches thick. There will be some small amount of storm sewer installation. The road will then be reconstructed with a small amount of aggregate base, sidewalks, curb and gutter, and bituminous pavement. The project is on Lake Lucy Road between Hazeltine Boulevard to Galpin Boulevard and is a state aid project. This is a City of Chanhassen project with state-aid funding. Projects that are constructed with state-aid funding are required to perform Quality Control and Quality Assurance (QC/QA) testing in accordance with the Minnesota Department of Transportation’s (MnDOT’s) 2018 Standard Specifications for Construction and MnDOT’s Schedule of Materials Control. This project is using MnDOT’s 2022 State Aid for Local Transportation (SALT) Schedule of Materials Control. Personnel with MnDOT certifications must complete the monitoring and testing. Braun Intertec will perform the QA field testing on the project as listed in our scope of services and as shown on our attached cost estimate table. The contractor will be responsible for performing all of the required QC testing and submitting all the documentation upon completion of the project. An audit of the project could be conducted upon completion. The audit may include reviewing tests and paperwork provided by your QC/QA representative. 228 City of Chanhassen Proposal QTB160400 June 10, 2022 Page 2 Available Project Information This proposal was prepared using the following documents and information. Project plans and specifications prepared by WSB Engineering, dated March 21, 2022. The Request for Proposals For 2022 Construction Materials Testing by the City of Chanhassen emailed June 2, 2022. Project specified 2018 Edition of the Minnesota Department of Transportation “Standard Specifications for Construction”. Braun Intertec Project Personnel For this project, we will provide technicians that are MnDOT certified in each specialized field. For the proposed scope of services, our staff will have the following certifications: Aggregate Production Grading & Base I Concrete Field I Bituminous Street Bituminous Plant I MnDOT or ACI Strength Testing For this project we propose to use Tom Loosbrock as our lead senior technician and Andrew Valerius as our project manager. Tom and Andrew will be supported by principal engineer, Charles Cadenhead. The project team has provided services on a number of City of Chanhassen projects in the past including: Orchard Lane Area Improvements, Minnewashta Manor Neighborhood Street Reconstruction and the 2016 and 2017 Street Resurfacing and Rehabilitation Projects and state-aid projects Lake Drive Improvements and Minnewashta Parkway Rehabilitation. Tom is a senior engineering assistant responsible for field operation coordinating, general project management; soil density testing using nuclear and sand cone methods; soil excavation observations; DCP testing, concrete testing and bituminous testing. Andrew is a senior project manager responsible for overseeing the quality control and day-to-day operations of engineering technicians involved in roadway and bridge projects, especially for state-aid and federally-funded projects. He has extensive experience working with the Minnesota Department of Transportation’s (MnDOT) Schedule of Materials Control and MnDOT’s Standard Specifications for Construction. Internally, he help leads the Braun Intertec transportation construction materials testing 229 City of Chanhassen Proposal QTB160400 June 10, 2022 Page 3 group for the State of Minnesota. Andrew also helps organize and presents at many educational sessions that focus on MnDOT’s specifications and procedures. Andrew’s past experience providing field services, such as soil density testing, concrete testing, bituminous and concrete batch plant observations, and testing services has allowed him to gain the necessary knowledge of field testing practices and practical site experience to perform his senior project manager role at a high level and deliver quality results safely. Charles has more than 24 years of experience in the transportation industry and more than 18 years of experience in delivering construction projects for owners (MnDOT and Anoka County) and other clients. With every project, from design-bid-build to design-build Charles has been one of the primary individuals entrusted with quality oversight from all aspects. While working for MnDOT his primary focus was on the construction side of projects, however with his experience at Anoka County and as a consultant he has been involved in both design and construction quality management. At Anoka County he was involved as early as the right-of- way process and used his expertise in construction to help manage risks associated with the design of projects. Projects have been various in size from simple span bridges and mill and overlays to large design- build projects with over $200 million in construction. Charles brings years of contract administration and change management experience to bear in order to arrive at a successfully completed project. Resumes for Tom Loosbroock, Andrew Valerius, and Charles Cadenhead can be provided upon request. Accredited Laboratory In the 2022 Schedule of Material Control, which is part of this project’s testing requirements, MnDOT requires laboratories performing acceptance tests for payment to be accredited by the AASHTO Resource (formerly AASHTO Materials Reference Laboratory [AMRL]) for all test procedures performed. Braun Intertec is one of the few independent testing companies that is accredited in the metro area/state. With Braun Intertec’s Metro Material Laboratory typically operating 24 hours a day, laboratory test results are delivered in a timely manner. Scope of Services Services are performed under the direction of a licensed professional engineer. Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soil Related Services Perform nuclear gauge density tests on subgrade preparation and utility backfill materials. Perform Dynamic Cone Penetrometer (DCP) tests on aggregate base and full depth reclaim materials. Perform gradation tests on aggregate base and full depth reclaim materials. 230 City of Chanhassen Proposal QTB160400 June 10, 2022 Page 4 Perform laboratory standard Proctor tests on backfill and fill materials. Prepare the preliminary and final grading and base report. Concrete Related Services Sample and test fresh concrete associated with general concrete placements for compliance with the project documents, and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. Bituminous Related Services Collect verification samples per MnDOT’s 2360 specification to run quality assurance tests on. Perform quality assurance tests on the verification samples which include the following tests: Rice specific gravity, asphalt content, extracted aggregate gradation, gyratory density, coarse aggregate angularity, and fine aggregate angularity. Compare agency test results with contractor’s test results for compliance with MnDOT 2360 specification. Collect companion cores and test for thickness and density of pavement cores. Compare agency test results with contractor’s test results for compliance with MnDOT 2360 specification. Review incentive and disincentive sheets completed by contractor. Reporting and Project Management Test results will be issued weekly for the project as the various tasks are performed. If, at any time, there are failing tests which do not appear to be in accordance with the plans and specifications or MnDOT’s Schedule of Materials Control, we will notify the engineer’s representative and any others that we are directed to notify. Before the final project closeout, we will issue a final report. The report will include the following: Braun Intertec technician roster for technicians that conducted testing on the project. Completed MnDOT Materials Certification Exceptions Summary for items tested by Braun Intertec. Completed Preliminary and Final Grading and Base Report. Moisture, Density, Proctor, DCP, and Gradation tests. Concrete compressive strength results. 231 City of Chanhassen Proposal QTB160400 June 10, 2022 Page 5 Completed test reports for samples sent to the MnDOT Materials Lab. Bituminous mix designs. Bituminous verification test results. Bituminous contractor’s summary sheets. Random core log location worksheets. Completed density incentive/disincentive worksheets. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: We assume it will take four trips to complete the nuclear density gauge testing on this project. We assume compaction testing on aggregate base and full depth reclaim material will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of two tests will be conducted each trip with two trips assumed. We assume six sets of concrete tests will be required to complete the concrete testing for curb and gutter and sidewalks. We assume your full-time on-site construction observer will observe the test rolling for this project if any are required. We assume bituminous paving will be completed in three days for the roadway wear course and the trail. We assume MnDOT Metro Inspections will perform concrete batch plant monitoring and testing for this project. We assume MnDOT Metro Inspections will perform bituminous plant monitoring and testing for this project. We assume the project engineer of record will review and approve contractor’s quality control submittals and test results. 232 City of Chanhassen Proposal QTB160400 June 10, 2022 Page 6 We understand, per the project RFP, the project management portion of cost is to include 25 hours of time. Braun Intertec has split those hours among project assistant, project manager, and senior engineer personnel time. We assume the on site construction inspector will observe sampling of bituminous mixture and will also mark and observe coring. The bituminous mixture samples and cores will be provided to Braun Intertec for pick up and testing. You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $13,691. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges based on conversations with the contractor. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. 233 City of Chanhassen Proposal QTB160400 June 10, 2022 Page 7 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. 234 City of Chanhassen Proposal QTB160400 June 10, 2022 Page 8 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Jacob Collins at 612.418.8570 (jacollins@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Jacob D. Collins Project Manager Andrew M. Valerius Account Leader, Senior Project Manager Charles M. Cadenhead Jr., PE Vice President, Principal Engineer Attachments: Cost Estimate Table General Conditions (1/1/18) The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date 235 Client:Service Description:Work Site Address: Lake Lucy Road Chanhassen, MN 55317 City of Chanhassen Matt Petite 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 (952) 227-1100 Construction Materials Testing City Project 20-03 WSB Project 015301-000 Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Soil Observations and Testing $2,830.00 207 Compaction Testing - Nuclear 12.00 Hour 86.00 $1,032.00 Work Activity Detail Qty Units Hrs/Unit Extension Utilities, Subgrade 4.00 Trips 3.00 12.00 1308 Nuclear moisture-density meter charge, per hour 12.00 Each 24.00 $288.00 217 Compaction Testing - DCP 6.00 Hour 86.00 $516.00 Work Activity Detail Qty Units Hrs/Unit Extension Roadway Aggregate Base 1.00 Trips 3.00 3.00 Sidewalk / Trail Aggregate Base 1.00 Trips 3.00 3.00 209 Sample pick-up 2.00 Hour 86.00 $172.00 1162 Sieve Analysis with 200 wash, per sample 2.00 Each 136.00 $272.00 1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 150.00 $150.00 1861 CMT Trip Charge 8.00 Each 50.00 $400.00 Activity 1.2 Concrete Observations and Testing $2,868.00 261 Concrete Testing 18.00 Hour 86.00 $1,548.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb and Gutter 4.00 Trips 3.00 12.00 Sidewalks, Slabs 2.00 Trips 3.00 6.00 278 Concrete Cylinder Pick up 3.00 Hour 86.00 $258.00 Work Activity Detail Qty Units Hrs/Unit Extension Additional Trips for Pick-up 3.00 Trips 1.00 3.00 1364 Compressive strength of concrete cylinders (ASTM C 39), each 18.00 Each 34.00 $612.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb and Gutter 4.00 Sets 3.00 12.00 Sidewalks, Slabs 2.00 Sets 3.00 6.00 1861 CMT Trip Charge 9.00 Each 50.00 $450.00 Activity 1.3 Pavement Observations & Testing $3,996.00 209 Verification Sample and Companion Core Pick-up 12.00 Hour 86.00 $1,032.00 Work Activity Detail Qty Units Hrs/Unit Extension Verification Sample and Core Pick-up 6.00 Trips 2.00 12.00 1861 CMT Trip Charge 6.00 Each 50.00 $300.00 2689 MnDOT Asphalt Verification, per sample 3.00 Each 680.00 $2,040.00 1542 Thickness and Density of Bituminous Core 12.00 Each 52.00 $624.00 Activity 1.4 Project Management $3,997.00 238 Project Assistant 8.00 Hour 86.00 $688.00 226 Project Manager 16.00 Hour 164.00 $2,624.00 128 Senior Engineer 1.00 Hour 185.00 $185.00 1230 Final Report (SAP 194-101-014)1.00 Each 500.00 $500.00 Page 1 of 206/10/2022 01:51 PM Project Proposal QTB160400 Chanhassen - 2022 Lake Lucy Road Rehab - SAP 194-101-014 236 Proposal Total:$13,691.00 Phase 1 Total:$13,691.00 Page 2 of 206/10/2022 01:51 PM Project Proposal QTB160400 Chanhassen - 2022 Lake Lucy Road Rehab - SAP 194-101-014 237 General Conditions GC Page 1 of 2 Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization (“Agreement”). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words “you,” “we,” “us,” and “our” include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other documentation to authorize our scope of work (“Services”), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and further that site conditions may vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the performance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 3.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information in your possession or control relating to such materials or samples. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 3.5 Neither this Agreement nor the providing of Services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by law, and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only for the related project and for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 4.3 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.5 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 238 GC Revised 1/1/2018 Page 2 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless the third party is creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party’s representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement, neither party hereto shall be responsible or held liable to the other for punitive, indirect, incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output, or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract, tort, statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. 239 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 22, 2022 RESOLUTION NO:2022-XX MOTION BY: SECONDED BY: A RESOLUTION AWARDING A CONSULTANT AGREEMENT FOR CONSTRUCTION MATERIALS TESTING ON THE 2022 CITY PAVEMENT REHABILITATION AND 2022 LAKE LUCY RD REHABILITATION PROJECTS WHEREAS,pursuant to a request for proposals for Project No. 22-01 (2022 City Pavement Rehabilitation Project) and Project No. 20-03 (2022 Lake Lucy Rd Rehabilitation Project), two proposals were received and evaluated that complied with the request for proposal: Bidder Quote Amount American Engineering and Testing $104,795.50 Braun Intertec $84,044.00 WHEREAS,it was evaluated by Staff that Braun Intertec had the lowest responsible quote and best met the scope of the request for proposals. A consultant contract amount of $88,000.00 is recommended to be awarded to allow for minor revisions to unit price testing quantities during construction to facilitate not needing to approve a contract revision; NOW THEREFORE, BE IT RESOLVED bythe Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a consulting agreement with Braun Intertec in the name of the City of Chanhassen for the materials testing services for the 2022 City Pavement Rehabilitation Project No. 22-01 and the 2022 Lake Lucy Rd Rehabilitation Project No. 20-03 according to the proposal and the plans and specifications on file in the office of the City Engineer. Passed and adopted by the Chanhassen City Council this 22nd day of August, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 240 City Council Item August 22, 2022 Item Resolution 2022-XX: Remove No Parking on Picha Drive File No.N/A Item No: D.12 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution removing the no parking designation on the south side of Picha Drive." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY The no parking restriction on the south side of Picha Drive is no longer needed to resolve vehicular circulation and access that was occurring during the modified operations of the Carver County License Service Center. BACKGROUND On June 28, 2021, the City Council authorized a no parking designation on along the south side of Picha Drive due to vehicular circulation and business access issues resulting from the drive-through only operations at the Carver County License Service Center. The drive-through only operations were a result of the COVID-19 Pandemic. With the re-opening of the parking lot and the return to in-person service, the vehicular conflicts on Picha Drive have been eliminated. As such, surrounding businesses have a need to use Picha Drive for on-street parking. If approved, Public Works staff will remove the no parking signs and posts from the right-of-way. 241 DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends removal of the no parking restriction on Picha Drive. ATTACHMENTS Resolution-Lifting Picha No Parking Exhibit 242 CITYOFCHANHASSEN CARVERANDHENNEPINCOUNTIES,MINNESOTA DATE:August 22,2022 RESOLUTIONNO:2022-XX MOTION BY:SECONDEDBY: ARESOLUTIONLIFTINGTHENO PARKING DESIGNATION ON THE SOUTH SIDE OF PICHA DRIVE WHEREAS, pursuant to Minnesota Statutes §412.221, Subd. 6 the City has the power to regulate the use of streets within the City, and WHEREAS, City Code section 12-13 authorizes the City to designate certain streets, or portions of streets, as no parking zones, and; WHEREAS, the City desires to provide safe and effective transportation and parking access to all areas in the cityof Chanhassen; and WHEREAS,duetothereturn of normal operations ofthe Carver County License Center, the documented vehicular circulation conflicts experienced during the pandemic have been resolved on the south side of Picha Drive; and WHEREAS, the surrounding businesses rely on on-street parking on Picha Drive; NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council that the no on-street parking restriction be removed on the south side of Picha Drive. Passed and adopted bytheChanhassen CityCouncil this 22 nd dayof August, 2022. ATTEST: LaurieHokkanen,CityManager EliseRyan,Mayor YES NO ABSENT 243 N :: I ,, ' Existing No Parking Zone on Picha Drive 244 City Council Item August 22, 2022 Item Resolution 2022-XX: Authorize Design and Construction Administration Services Contract for 2022 Stormwater Pond Improvement Project File No.ENG Project No. 22-05 Item No: D.13 Agenda Section CONSENT AGENDA Prepared By Joe Seidl, Water Resources Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution authorizing a contract with WSB and Associates, Inc. for performing the design and construction administration services for the 2022 Stormwater Pond Improvement Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Consider authorizing a professional services agreement with WSB and Associates, Inc. for performing the design and construction administration services for the 2022 Stormwater Pond Improvement Project. This project is for annual stormwater infrastructure maintenance work. The project consists of eight distinct areas around the City prioritized by City staff using the asset management software Cartegraph. BACKGROUND In 2020 City staff prepared a stormwater pond maintenance inventory, analysis, and prioritization plan. The City via it's MS4 permit is obligated to maintain it's stormwater management infrastructure. These annual projects, along with annual inspections, are the implementation activities of the permit 245 obligations. DISCUSSION The first step of the overall project process is to engage a design consultant as City Staff does not have available capacity to perform all of the duties required to deliver the project. Staff developed a Request for Proposals (RFP) and sent it out to five (5) qualified consulting firms. Four of the five firms submitted responsive proposals. City Staff evaluated the proposals based on the requirements of the RFP which were based on the following criteria: Completeness of Proposal (20%) Experience of Firm and Personnel (15%) Resources to Complete the Project (15%) Fee (50%). The results of the evaluation and the associated fees are shown on the proposal evaluation form attached to this report. BUDGET This project budget is from CIP Project SWMP-032. We received a total of four (4) proposals. The lowest and best proposal was $70,729 (including expenses) and was submitted by WSB and Associates, Inc. Total Project Budget = $600,000 ($650,000 from SWMP-032 with $50,000 being allocated to help with pond improvements related to the 2022 Street Rehabilitation Project) Budget $600,000 Engineering Costs $70,729 Remaining Budget for Construction $529,271 The design and construction administration fee is inline with the project budget. The CIP sheet is attached to this report. RECOMMENDATION Staff recommends authorizing a contract with WSB and Associates, Inc. for the design services for the 2022 Pond Improvement Project. ATTACHMENTS Resolution Professional Services Agreement SWMP-032 CIP Sheet Request For Proposals - 2022 Stormwater Pond Maintenance Project WSB WSB Chanhassen 2022 Stormwater Pond Maintenance Design and Construction Administration Services Proposal Evaluation 2022 246 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 22, 2022 RESOLUTION NO: 2022-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING ENTERING INTO A PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES RELATED TO THE 2022 POND MAINTENANCE PROJECT WHEREAS,there are approximately 300 City owned stormwater ponds, 115 miles of sewer pipe, and 5300 individual storm structures in the City that make up the publicly owned stormwater management infrastructure; and WHEREAS,the City is obligated to maintain publicly owned stormwater management infrastructure; and WHEREAS,the City has an annual Stormwater Pond Improvement Project that is supported by the 5-yr Capital Improvement Plan (CIP); and WHEREAS,The Annual Stormwater Pond Improvement Project requires professional services; and WHEREAS,the city solicited proposals from multiple qualified design consulting firms; and WHEREAS,multiple responsive proposals were received and evaluated by City Staff; and WHEREAS,the fee proposed by the highest ranked proposal fits within the established budget; and NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes entering into a Professional Services Agreement with WSB and Associates, Inc for design and construction administration services related to the 2022 Pond Improvment Project. PASSED AND ADOPTED by the Chanhassen City Council this 22 day of August, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 247 2 248 1 201749v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 17th day of August, 2022, by and between the CITY OF CHANHASSEN,a Minnesota municipal corporation ("City") and WSB and ASSOCIATES, Inc., a Minnesota corporation ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1.SCOPE OF SERVICES. The City retains Consultant for 2022 Stormwater Pond Maintenance Design and Construction Administration Services. 2.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 Professional Services Agreement; B.Request for proposals – email dated August 1, 2022; C.Insurance Certificate; D.Consultant’s August 12, 2022 proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 3.COMPENSATION. Consultant shall be paid by the City for the services described in the Proposal a not to exceed fee of Seventy Thousand-Seven Hundred and Twenty-Nine Dollars ($70,729.00), inclusive of expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. 4.DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. The City acknowledges that all reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement are created solely for the specific project covered by this 249 2 201749v1 Agreement and may not be suitable for reuse on other projects. The City also acknowledges that reuse of the reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement without the written verification or adaptation by Consultant will be done at the City's sole risk and without liability to Consultant. 5.CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6.COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7.STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant 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 Consultant’s services. 8.INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, to the extent caused by the Consultant’s negligent performance of the services provided for herein. 9.INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the negligent performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Professional Liability $2,000,000 each claim/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non- contributory basis. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 10.INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of 250 3 201749v1 the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11.SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12.CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County Minnesota. 13.MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant 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 Consultant pursuant to this Agreement. Consultant 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 Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’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. 14.COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 15.PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in 251 4 201749v1 connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16.RECORDS. Consultant shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17.ASSIGNMENT. Neither party shall assign this Agreement, or 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. 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.TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Consultant. In the event of termination, the City shall be obligated to the Consultant for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. 21. WAIVER OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages. 252 5 201749v1 Dated: _______________, 20__.CITY OF CHANHASSEN BY: _____________________________________________ Elise Ryan, Mayor BY: _____________________________________________ Laurie Hokkanen, City Manager Dated: _______________, 2022.WSB and ASSOCIATES, Inc. dba WSB BY: _____________________________________________ _____________________________________________ Its _____________________________________________ 253 Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2021 2025thru Department Surface Water Management Description This program will provide inspection and cleaning of City stormwater ponds. This work may include sediment removal, placement of blanket, rip-rap or other erosion control BMP's, vegetation management and assessment, repair and replacement of inlet and outlet structures. Project #SWMP-032 Priority n/a Justification There are approximately 300 stormwater ponds in the City of Chanhassen, all requiring regular maintenance to assure they function to National Urban Runoff Program recommendations. This measure has also been identified in Chanhassen's National Pollution Discharge Elimination Municipal Separate Storm Sewer System (MS4) permit. The project will also minimize flooding potential. Budget Impact/Other Public works streets staff often do minor stormwater pond maintenance. UsefulLifeProjectNameStormwaterPondImprovementsCategory SWMP Type Improvement Account #2 Account #1 720-7025-4xxx Total Project Cost:$4,070,000 Account #4 Account #3 Total20212022202320242025Expenditures 3,250,000650,000 650,000 650,000 650,000 650,000Maintenance 650,000 650,000 650,000 650,000 650,000 3,250,000Total Prior 820,000 Total Total20212022202320242025FundingSources 3,250,000650,000 650,000 650,000 650,000 650,000SurfaceWaterUtilityFund 650,000 650,000 650,000 650,000 650,000 3,250,000Total Prior 820,000 Total 117 254 August 1, 2022 Bill Alms Water Resources Project Manager WSB 701 Xenia Avenue S Suite 300 Minneapolis, MN 55416 Re: 2022 Stormwater Pond Maintenance Design and Construction Administration Services Request for Proposals Dear Mr. Alms, The City of Chanhassen has approximately 250 publicly maintained stormwater ponds that are used for treatment and storage. We are required to inventory and maintain these ponds per our MS4 permit requirements. As such, we are in need of design and construction administration services for our 2022 pond maintenance program. Background: The City utilizes a Stormwater Asset Management Program (SWAMP) to inventory, document, and prioritize inspection and maintenance activities, and generate lifecycle estimates for constructed ponds. SWAMP provides a standard rating system to help prioritize maintenance activities. A score is calculated using user provided inputs including construction year, pond area, drainage area, impervious percentage, estimated loading rate, and receiving water body. The score is derived from comparing these variables against Nation Urban Runoff Program (NURP) pond design standards. In the summer of 2020, City staff conducted comprehensive bathymetric surveys on nearly all 250 of its City owned stormwater ponds. The purpose of these surveys was to ensure that SWAMP had the most recent average depth data as it calculates the SWAMP score for each pond. Beyond just pond depth, the quality and condition of the infrastructure around the pond was evaluated and inputted into our Asset Management Software (Cartegraph), which calculates an Overall Condition Index (OCI) rating of the pond. City staff then compared the SWAMP score with the OCI score to determine which ponds would be prioritized for maintenance for 2022. 255 RFP – City of Chanhassen 2022 Stormwater Pond Maintenance Project August 1st, 2022 Page 2 To evaluate what sort of maintenance activities and/or improvement options would be appropriate for each pond, the City seeks to prepare a Pond Feasibility Memorandum for each pond identified for 2022. The Pond Feasibility Memorandum should: · Evaluate and recommend what sort of maintenance and/or improvements would be appropriate for each pond, including: o Sediment excavation o Inlet/outlet system configuration or repair o Verification of sizing for Water Quality (WQ), Rate Control and Flood Protection o Erosion repair and/or protection · Investigate background information to provide further detail on maintenance and improvements. · Cost estimating for recommended improvements. · Collect sediment samples in accordance with MPCA guidance to identify material disposal requirements. · Identify permitting requirements necessary for each pond (WCA, Watershed Districts, etc.) o Determine if a wetland delineation is necessary for permitting purposes o Avoid wetland impacts to the greatest extent possible. · Identify construction access needs for each pond. The City would like to perform maintenance on as many ponds annually as budget allows. The estimated budget for 2022 is $600,000, this is full project costs, not just construction costs. Based on SWAMP and OCI scores, City staff has identified the following ponds to be reviewed (see attached map for the locations). The Feasibility Memorandums will be used to develop the overall implementation scope of the program for 2022, and as such, not all ponds noted below may be in the final design/construction project. Lake Lucy pond 2-14-1 has been designed and will be permitted by WSB Engineering (see attached plan sheet). As part of the design services this pond shall be incorporated into the overall plan set for bidding and construction administration services. Construction is anticipated to start December 2022/January 2023 with restoration work occurring in the spring months. Final project completion is anticipated to be June/July of 2023. Pond ID OCI/SWAMP Score Area (ac) RM-P4.9 33.79 0.25 BC-P5.9 37.03 0.68 LL-P6.7 31.83 0.11 LR-P1.6 41.12 0.25 MC-P4.2A 32.19 0.1 Minnehaha 1-5-1 37.30 0.05 Christmas Lake 3-2-1 35.42 0.13 Lake Lucy 2-14-1* 36.67 0.12 Notes * Designed and Permitted by WSB Engineering 256 RFP – City of Chanhassen 2022 Stormwater Pond Maintenance Project August 1st, 2022 Page 3 Your firm is invited to submit a proposal to perform the needed Professional Services for the following Tasks. In your proposal, please breakout out each task, per pond (or grouping of ponds if applicable): · Task 1 – Preparation of Pond Feasibility Memorandums · Task 2 – Preliminary Design, Final Design, and Permitting · Task 3 – Bidding · Task 4 – Construction Administration Services shall include: · Preparation of Feasibility memo including site visits, meetings with City staff, review of plats/easements, review of construction access, cost estimating, report preparation including recommended improvements and schedule, and sediment testing. · Perform design services required based on project needs. Services may include but are not limited to preparation of plans and specifications (preliminary and final), incorporating designed and permitted Lake Lucy Pond 2-14-1 into plans, detailed bathymetric survey of selected ponds to confirm provided data and quantities, coordination with City Public Works and Engineering, including meetings, and preparation and submittal of all permits required from other agencies. · Bidding services for the project. The City uses online bidding via QuestCDN therefore no in- person bid opening is utilized. · Evaluate all bids received and make a recommendation of award to the City. · Administer pre-construction meeting and weekly construction meetings as necessary. · Review and approve all required submittals. · Prepare and recommend payment for all pay estimates. · Provide construction observation services including construction coordination with City, contractor and impacted residents, final inspection, and certification of completion of the project in accordance with the plans and specifications. Assume 160 hrs of field observation. · Provide final as-built plans including survey of as-built ponds to the City upon completion of the project in PDF and CAD format. All work shall be governed by the City’s Standard Construction Documents, including Standard Specifications and Details. Attendance by the Consultant at public meetings is not needed. Proposal Contents All proposals should contain: · Statement of Understanding – The statement of understanding should restate in the firm’s words the requirements of the project and present a description of services to be provided to successfully complete the project including a project schedule. · Firm Information – Provide a summary of the firm’s experience and qualifications performing this type of work · Key Personnel – Provide a list of the proposed key personnel and their related experience. 257 RFP – City of Chanhassen 2022 Stormwater Pond Maintenance Project August 1st, 2022 Page 4 · Fee – the fee should be broken down by task and should indicate hours, hourly rate, expenses, etc. The design contract will be based on an hourly not-to-exceed amount. Non-relevant marketing materials of the firm need not be included with the proposal. Evaluation Criteria and Selection Procedure Proposals will be evaluated on the following criteria: · Completeness of the proposal including a demonstrated understanding of the requirements of this project, schedule, and the goals of the City. (20%) · Demonstrated experience of the firm and key personnel performing similar projects within the last 5-years. (15%) · Resources of the firm to conduct and complete this project in a satisfactory manner. Specifically, the ability and willingness to commit key personnel and resources. (15%) · Fee. (50%) The City does not intend to conduct interviews of the proposing firms as part of the evaluation. Proposals should be submitted electronically in PDF format to Joe Seidl, Water Resources Engineer (jseidl@chanhassenmn.gov). The proposal must be received by 4:00 p.m. on August 12th, 2022 for consideration. It is anticipated that the agreement for consultant services will be awarded at the August 22nd, 2022 City Council meeting. If you have any questions regarding the proposal, please feel free to contact me at 952-227-1168, jseidl@chanhassenmn.gov. Sincerely, CITY OF CHANHASSEN Joe Seidl Water Resources Engineer c: Charlie Howley, PE, LEED AP, Public Works Director/City Engineer Ryan Pinkalla, Water Resources Technician 258 LL-P6.7 RM-P4.9 MC-P4.2A Christmas Lake 3-2-1Lake Lucy 2-14-1 Minnehaha 1-5-1 LR-P1.6 BC-P5.9 Designed & Permitted by WSB Christmas Lake Lotus LakeLake Harrison Kerber Pond Lake Susan Rice Marsh Lake Lake Riley Lake Minnewashta Lake Ann Lake Lucy ST18 ST15 ST17 Minnewashta Regional Park North Lotus Lake Park Meadow Green Park Lake Ann Park Chanhassen Pond Park Chanhassen Nature Preserve Chanhassen Recreation Center Lake Susan Park Rice Marsh Lake Preserve Power Hill Park Fox Woods Preserve Bandimere Community Park Lake Susan Preserve Bluff Creek Preserve Independent School District 11 Independent School District 112 Independent School District 276 Riley Ridge Park Lake Ann Park Preserve SA101SA5 SA5 SA41 )212Powers BlvdLyman BlvdGalpinBlvd AudubonRdPowers BlvdGreatPlai ns Blv d ST101 GH117 Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department µ0 0.45 Mile 0 2,500 Feet 2022 Stormwater Pond Maintenance Projects City of Chanhassen Legend Rivers Lakes Carver County Parks 2022 Pond 2022 Pond - Lake Lucy 2-14-1 259 $$$$$$$$$$$$$$$$$$$$$$$$ $ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$Lake Dr EPond Promenade MarshDrH i d d e n L nGreat Plains BlvdLakeDrGrandview Rd10 1 010101010101010Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department RM-P4.9 City of Chanhassen Legend 2022 Pond Storm Manholes Storm Discharge Points Storm Gravity Mains $$Private $$Our Agency µ0 0.01 Mile 0 90 Feet 260 $$$$$ $$$$$$$$$$$$Murray Hill RdSommergate1010 10 1 0 10 10 1 0 Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department Minnehaha 1-5-1 City of Chanhassen Legend 2022 Pond Storm Manholes Storm Discharge Points Storm Gravity Mains $$Our Agency µ0 0.01 Mile 0 90 Feet 261 $$$$$$$ $ $$$$$$$$$$$ $$$$$$$$$ $$$$$$$$$ $$$ $$$$$$$ Koeh n e n C i r E CreekRunTrlDeer RdgAudubon Cir101 0 10 1010 Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department MC-P4.2A City of Chanhassen Legend 2022 Pond Storm Manholes Storm Discharge Points Draintile Storm Gravity Mains $$Private $$Our Agency µ0 0.01 Mile 0 90 Feet 262 $$$$$$$$$$$$$$$ $ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ Ly ma n B l v d S u m m erfield Dr 10101010 10 1 0 1 0 1 0 10 Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department LR-P1.6 City of Chanhassen Legend 2022 Pond Storm Manholes Storm Discharge Points Draintile Storm Gravity Mains $$Our Agency µ0 0.01 Mile 0 90 Feet 263 $ $ $$$$$$$$$$$$$$$$$$$$ $$$$$$$$Lotus Lake So u t h S h o r e D r 10 1 0 10 10 10 10 10 10 Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department LL-P6.7 City of Chanhassen Legend 2022 Pond Storm Outfalls Storm Manholes Storm Discharge Points Storm Gravity Mains $$Our Agency µ0 0.01 Mile 0 75 Feet 264 $$$$$$$$$$$$$$ $$$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$C C CLake Lucy R dBrenden Ct 10 10 1 0 101 0 1 0 10 1010 1010Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department Lake Lucy 2-14-1 City of Chanhassen Legend 2022 Pond - Lake Lucy 2-14-1 Storm Network Structures Storm Manholes Storm Discharge Points Draintile C Storm Clean Outs Storm Gravity Mains $$Our Agency µ0 0.01 Mile 0 90 Feet 265 $$$$$$ $ $ $$$$$ $$$$$$$$$ $ $$$$$$$$$$$$$$M ulb erry Cir HeatherCtMulb erry C i r E 10 101010101010101 0 Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department Christmas Lake 3-2-1 City of Chanhassen Legend 2022 Pond Storm Manholes Storm Discharge Points Storm Gravity Mains $$Our Agency µ0 0.01 Mile 0 90 Feet 266 $$$$$$$$$$$$$$$$$ $ $ $$$$$$$$$$$$$$$$$$C S u m m e r f ie ld D rGreenvi ewDr 10 10101010 10 1010 Document Path: K:\Departments\Engineering\WaterResources\Storm Basins\Storm Basins.aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department BC-P5.9 City of Chanhassen Legend 2022 Pond Storm Manholes Storm Discharge Points Draintile C Storm Clean Outs Storm Gravity Mains $$Our Agency µ0 0.01 Mile 0 90 Feet 267 ST ST 12" 12" 12" UGE UGE UGE COM COM COM COM COM COM COM G G G G 975 980973 974 976 977978979980 985 990 995977 978 979 981 982 983984 986 987 988 989 991 992 993994 996997 998980977 978 979 979 5002 5000 976976 978 977 97 9 980 980 50015003 WET WET WET WE T WET WET WET ST 920 922 920 922 CONSTRUCTION LIMITS ACCESS ROUTE PROPERTY LINE DRAINAGE AND UTILITY EASEMENT (PER PLAT) EASEMENT BY OTHER DOCUMENT STORM SEWER PIPE - EXISTING CONTOUR - MAJOR - EXISTING CONTOUR - MINOR - EXISTING CONTOUR - MAJOR - PROPOSED CONTOUR - MINOR - PROPOSED STORM SEWER MANHOLE - EXISTING FLARED END SECTION - EXISTING STORM DRAIN INLET PROTECTION LEGEND S RIM: 999.75 LOCKED PROBABLY 25 PLUSINV:INV:INV:INV:INV:INV: TNH ELEV: 1006.47 8"COMCOMGCOM COM COMCOMCOMUGEUGEUGEUGECOM COM COMCOM G G G WETWETWSB PROJECT NO.: SCALE: PLAN BY: DESIGN BY: CHECK BY:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONK:\015301-000\Cad\Plan\015301-000-C-POND-PLAN.dwg 4/4/2022 4:17:55 PM015301-000 AS SHOWN JTH AOG NNP ADAM O. GADBOIS03/21/2022547872022 LAKE LUCY ROAD REHABILITATIONPROJECTCITY OF CHANHASSENPOND MAINTENANCE PLAN SHEET OF 34 33 C.P. 20-03 S.A.P. 194-101-014 GENERAL CONSTRUCTION NOTES 1.CONTRACTOR RESPONSIBLE FOR THE DAMAGE TO STREETS, CONCRETE CURB AND GUTTER, SIDEWALK, AND TREES NOT DESIGNATED FOR REMOVAL. 2.AT A MINIMUM, DAILY STREET SWEEPING REQUIRED DURING HAULING OPERATIONS, MORE OFTEN AS NEEDED OR DIRECTED BY THE ENGINEER. 3.ALL STOCKPILES MUST HAVE DOWN GRADIENT PERIMETER SEDIMENT CONTROL IMPLEMENTED AND MAINTAINED AT ALL TIMES. STOCKPILES TO RECEIVE TEMPORARY STABILIZATION IF UNWORKED FOR 7 DAYS 4.DEWATERING/DEICING TO TAKE PLACE PRIOR TO EXCAVATION. ICE IS TO BE STOCKPILED ON SITE AND PUT BACK IN POND FOLLOWING THE EXCAVATION. DEWATERING PLANS MUST BE SUBMITTED AND APPROVED BY THE PROJECT ENGINEER 10 DAYS PRIOR TO PUMPING OR EXCAVATING ICE. PLANS MUST INCLUDE OPERATIONS FOR PREVENTING THE DISCHARGE OF TURBID WATER, AND MUST INCLUDE METHODS FOR CONTROLLING EROSION AND SCOUR. MANAGING ICE IS INCIDENTAL TO THE DEWATERING BID ITEM. 5.CONTRACTOR TO GRADE AROUND STORM SEWER STRUCTURES AS DIRECTED BY THE ENGINEER. 6.CONTRACTOR TO COORDINATE ACCESS LIMITS WITH THE ENGINEER IN THE FIELD. 7.EXISTING POND CONTOURS DEVELOPED FROM PRE-DESIGN SURVEY. 8.VEGETATION AND TREES LESS THAN 18" IN DIAMETER REMOVED FOR ACCESS OR IN AREA AS SHOWN ON THE PLANS WILL BE PAID FOR BY THE ACRE. ALL TREES REMOVED 18" IN DIAMETER OR LARGER WILL BE PAID FOR BY EACH WHERE SHOWN ON THE PLANS AND/OR WHERE DIRECTED BY THE ENGINEER. 9.THE CONTRACTOR SHALL SUPPLY THE CITY WITH TRAFFIC CONTROL AND STAGING PLANS PRIOR TO ANY CONSTRUCTION FOR CITY APPROVAL. TRAFFIC CONTROL AND STAGING IS INCIDENTAL TO MOBILIZATION. LOCATION HIGHOVER DRMANCHESTER DRBRENDEN CTBRIARWOOD CTLAKE LUCY RD GALPIN BLVDHAZELTINE BLVDROCK CONSTRUCTION EXIT PROTECT EXISTING CONCRETE CURB AND SIDEWALK, BOULEVARD TREES NOT IDENTIFIED FOR REMOVAL, AND PRIVATE UTILITIESLAKE HARR ISON ROAD REMOVE EXISTING 30" RCP FES INSTALL NEW 30" RCP FES INV: 975.75 (SW) 10 CY RIPRAP CL III (GRANULAR FILTER AND GEOTEXTILE FABRIC PER DETAIL PLATE NO. 3107, INCIDENTAL) TIE NEW FES TO EXISTING PIPE REMOVE EXISTING OUTLET CONTROL STRUCTURE INSTALL NEW 60" OUTLET CONTROL STRUCTURE PER DETAIL PLATE NO. 3109 AND PER DETAIL A 2249 LAKE LUCY RD 2237 LAKE LUCY RD CITY OF CHANHASSEN DESIGN SPECIAL 1 STRUCTURE (5001) FLOW DIRECTION MnDOT 4011 G CONCRETE BASE SLAB12" MIN. COMPACTED SUBGRADE 12" AGGREGATE BASE, CLASS 5 (INCIDENTAL) INV: 976.10 INV: 974.46 EX. 15" DIA. INLET PIPE EX. 30" DIA. OUTLET PIPE RIM ELEVATION 979.20 FLOW DIRECTIO N NOTE: SALVAGE AND REINSTALL EXISTING STORM SEWER PIPE AND CONNECTING TO NEW DESIGN SPECIAL 1 IS INCIDENTAL. POND LL 2-14-1 NWL: 976.1 HWL: 979.5 INV: 975.1 (AS-BUILT) INV: 974.46 (AS-BUILT) REMOVE APPROX. 350 CY (LV) OF LEVEL 1 SEDIMENT GRADE BERM WITH EXCAVATED MATERIAL TOP OF BERM 980.5' RIM ELEVATION 980.50MATCHLINESEE BELOWMATCHLINESEE ABOVE2275 LAKE LUCY RD 2323 LAKE LUCY RD N FEET 0 H: INSCALE 20 40 ACCESS ROUTE SHALL BE ESTABLISHED WITH COMPOSITE MATTING CAPABLE OF SUPPORTING ALL NECESSARY CONSTRUCTION EQUIPMENT, AND SHALL BE DELINEATED ON BOTH SIDES WITH CONSTRUCTION FENCING. INSTALL FILL ALONG SLOPE TO ALLOW FOR CONSTRUCTION EQUIPMENT ACCESS. ALL WORK DESCRIBED SHALL BE INCLUDED IN THE BID ITEM FOR MAINT & RESTORATION OF HAUL ROADS. TYPE 2 BARRIER WITH "SIDEWALK CLOSED" 60" 5003 30" FES 10 CY RIPRAP CL III (GRANULAR FILTER AND GEOTEXTILE FABRIC PER DETAIL PLATE NO. 3107, INCIDENTAL) INV: 975.1 (AS-BUILT) 5001 15" FES W/ TRASH GUARD INV: 974.46 (AS-BUILT) 40' WETLAND BUFFER 40' WETLAND BUFFER INSTALL WETLAND BUFFER SIGN INSTALL WETLAND BUFFER SIGN 268 STABILIZED CONSTRUCTION ENTRANCE RESTORE WITH SEED MIX 25-151 (120 LBS / AC) AND FERTILIZER TYPE 4 (150 LBS / AC) TYPE 33-261 SEED (35 LBS/AC) AND TYPE 21-111 SEED (100 LBS/AC) AND TYPE 25-151 SEED (120 LBS/AC) AND TYPE 21-111 SEED (100 LBS/AC) AND FERTILIZER TYPE 4 (150 LBS / AC) FERTILIZER TYPE 4 (150 LBS / AC) 920 922 920 922 CONSTRUCTION LIMITS PROPERTY LINE DRAINAGE AND UTILITY EASEMENT (PER PLAT) EASEMENT BY OTHER DOCUMENT STORM SEWER PIPE - EXISTING CONTOUR - MAJOR - EXISTING CONTOUR - MINOR - EXISTING CONTOUR - MAJOR - PROPOSED CONTOUR - MINOR - PROPOSED LEGEND STORM DRAIN INLET PROTECTION ACCESS ROUTE SEDIMENT CONTROL LOG TYPE STRAW ST ST 12" 12" 12" UGE UGE UGE COM COM COM COM COM COM COM G G G G 975 980973 974 976 977978979980 985 990 995977 978 979 981 982 983984 986 987 988 989 991 992 993994 996997 998980977 978 979 979 5002 5000 976976 978 977 97 9 980 980 50015003 WET WET WET WE T WET WET WET S RIM: 999.75 LOCKED PROBABLY 25 PLUSINV:INV:INV:INV:INV:INV: TNH ELEV: 1006.47 8"COMCOMGCOM COM COMCOMCOMUGEUGEUGEUGECOM COM COMCOM G G G WETWETWSB PROJECT NO.: SCALE: PLAN BY: DESIGN BY: CHECK BY:I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONK:\015301-000\Cad\Plan\015301-000-C-POND-PLAN.dwg 4/4/2022 4:28:06 PM015301-000 AS SHOWN JTH AOG NNP ADAM O. GADBOIS03/21/2022547872022 LAKE LUCY ROAD REHABILITATIONPROJECTCITY OF CHANHASSENPOND MAINTENANCE PLAN SHEET OF 34 34 C.P. 20-03 S.A.P. 194-101-014 LOCATION HIGHOVER DRMANCHESTER DRBRENDEN CTBRIARWOOD CTLAKE LUCY RD GALPIN BLVDHAZELTINE BLVDPOND LL 2-14-1 NWL: 976.1 HWL: 979.5 EROSION CONTROL NOTES 1.FOR ALL RESTORATION PERFORMED PRIOR TO APRIL 15, RESTORE ALL DISTURBED AREAS WITH OATS COVER CROP (MNDOT SEED MIX 21-111, 100 LBS/AC). 2.FOR RESTORATION PERFORMED AFTER APRIL 15, RESTORE ALL POND EDGES AND WOODED AREAS WHERE DISTURBED OR AS DIRECTED BY ENGINEER IN FIELD WITH TYPE 33-261 SEED (35 LBS/AC) OR TYPE 25-151 (120 LBS/AC) AS SHOWN IN PLANS. TYPE 21-111 SEED (100 LBS/AC) AND CATEGORY 3N EROSION CONTROL BLANKET SHALL BE INSTALLED ALONG POND EDGES, BUFFERS, AND NON-MOWABLE SLOPES AS DIRECTED BY THE ENGINEER IN THE FIELD. 3.ALL SOILS DISTURBED DURING CONSTRUCTION ACTIVITIES WILL BE STABILIZED FOLLOWING SEED MIXES, FERTILIZER, AND STABILIZING COVER OUTLINED WITHIN THESE PLANS. 4.IN THE EVENT THAT RESTORATION CANNOT BE IMPLEMENTED WITHIN 7 DAYS AFTER CONSTRUCTION ACTIVITY IN THE DISTURBED AREA HAS CEASED, TEMPORARY EROSION STABILIZATION BMPS (I.E. HYDRO MULCH 3884.B.2) MUST BE SCHEDULED TO OCCUR WITHIN THAT 7 DAY TIME FRAME. 5.AT A MINIMUM, DAILY STREET SWEEPING REQUIRED DURING HAULING OPERATIONS, MORE OFTEN AS NEEDED OR AS DIRECTED BY THE ENGINEER. 6.ALL STOCKPILES MUST HAVE DOWN GRADIENT PERIMETER SEDIMENT CONTROL IMPLEMENTED AND MAINTAINED AT ALL TIMES. STOCKPILES TO RECEIVE TEMPORARY STABILIZATION IF UNWORKED FOR 7 DAYS 7.DEWATERING/DEICING TO TAKE PLACE PRIOR TO EXCAVATION. ICE IS TO BE STOCKPILED ON SITE AND PUT BACK IN POND FOLLOWING THE EXCAVATION. DEWATERING PLANS MUST BE SUBMITTED AND APPROVED BY THE PROJECT ENGINEER AND DISTRICT 10 DAYS PRIOR TO PUMPING. PLANS MUST INCLUDE OPERATIONS FOR PREVENTING THE DISCHARGE OF TURBID WATER, AND MUST INCLUDE METHODS FOR CONTROLLING EROSION AND SCOUR. 8.CONTRACTOR SHALL PERFORM ALL DEWATERING AND EXCAVATION ONSITE AND OFF OF ROADWAY, AND LOAD AND HAUL OUT USING ACCESS ROUTE. 9.CONTRACTOR TO GRADE AROUND EXISTING STORM SEWER STRUCTURES AS DIRECTED BY THE ENGINEER. 10.CONTRACTOR TO COORDINATE ACCESS LIMITS WITH THE ENGINEER IN THE FIELD. RPBCWD EROSION CONTROL NOTES A.NATURAL TOPOGRAPHY AND SOIL CONDITIONS MUST BE PROTECTED, INCLUDING RETENTION ONSITE OF NATIVE TOPSOIL TO THE GREATEST EXTENT POSSIBLE. B.ADDITIONAL MEASURES, SUCH AS HYDRAULIC MULCHING AND OTHER PRACTICES AS SPECIFIED BY THE DISTRICT MUST BE USED ON SLOPES OF 3:1 (H:V) OR STEEPER TO PROVIDE ADEQUATE STABILIZATION. C.FINAL SITE STABILIZATION MEASURES MUST SPECIFY THAT AT LEAST SIX INCHES OF TOPSOIL OR ORGANIC MATTER BE SPREAD AND INCORPORATED INTO THE UNDERLYING SOIL DURING FINAL SITE TREATMENT WHEREVER TOPSOIL HAS BEEN REMOVED. D.CONSTRUCTION SITE WASTE SUCH AS DISCARDED BUILDING MATERIALS, CONCRETE TRUCK WASHOUT, CHEMICALS, LITTER AND SANITARY WASTE MUST BE PROPERLY MANAGED. E.ALL TEMPORARY EROSION AND SEDIMENT CONTROL BMPS MUST BE MAINTAINED UNTIL COMPLETION OF CONSTRUCTION AND VEGETATION IS ESTABLISHED SUFFICIENTLY TO ENSURE STABILITY OF THE SITE, AS DETERMINED BY THE DISTRICT. F.ALL TEMPORARY EROSION AND SEDIMENT CONTROL BMPS MUST BE REMOVED UPON FINAL STABILIZATION. G.SOIL SURFACES COMPACTED DURING CONSTRUCTION AND REMAINING PERVIOUS UPON COMPLETION OF CONSTRUCTION MUST BE DECOMPACTED TO ACHIEVE A SOIL COMPACTION TESTING PRESSURE OF LESS THAN 1,400 KILOPASCALS OR 200 POUNDS PER SQUARE INCH IN THE UPPER 12 INCHES OF THE SOIL PROFILE WHILE TAKING CARE TO PROTECT UTILITIES, TREE ROOTS, AND OTHER EXISTING VEGETATION. H.ALL DISTURBED AREAS MUST BE STABILIZED WITHIN 7 CALENDAR DAYS AFTER LAND-DISTURBING WORK HAS TEMPORARILY OR PERMANENTLY CEASED ON A PROPERTY THAT DRAINS TO AN IMPAIRED WATER, WITHIN 14 DAYS ELSEWHERE. I.THE PERMITTEE MUST, AT A MINIMUM, INSPECT, MAINTAIN AND REPAIR ALL DISTURBED SURFACES AND ALL EROSION AND SEDIMENT CONTROL FACILITIES AND SOIL STABILIZATION MEASURES EVERY DAY WORK IS PERFORMED ON THE SITE AND AT LEAST WEEKLY UNTIL LAND-DISTURBING ACTIVITY HAS CEASED. THEREAFTER, THE PERMITTEE MUST PERFORM THESE RESPONSIBILITIES AT LEAST WEEKLY UNTIL VEGETATIVE COVER IS ESTABLISHED. THE PERMITTEE WILL MAINTAIN A LOG OF ACTIVITIES UNDER THIS SECTION FOR INSPECTION BY THE DISTRICT ON REQUEST. J.ACTIVITIES MUST BE CONDUCTED SO AS TO MINIMIZE THE POTENTIAL TRANSFER OF AQUATIC INVASIVE SPECIES (E.G., ZEBRA MUSSELS, EURASIAN WATERMILFOIL, ETC.) TO THE MAXIMUM EXTENT POSSIBLE. 2249 LAKE LUCY RD 2237 LAKE LUCY RD MATCHLINESEE BELOWMATCHLINESEE ABOVE2275 LAKE LUCY RD 2323 LAKE LUCY RD N FEET 0 H: INSCALE 20 40 ROCK CONSTRUCTION EXIT PROTECT EXISTING CONCRETE CURB AND SIDEWALK, BOULEVARD TREES NOT IDENTIFIED FOR REMOVAL, AND PRIVATE UTILITIES CITY OF CHANHASSEN TURF REINFORCEMENT MAT CATEGORY 50 (16'X10') CONSTRUCT 10' WIDE NOTCH IN BERM TO ELEVATION 979.75' 269 A PROPOSAL FOR 2022 Stormwater Pond Maintenance Design and Construction Administration Services FOR THE CITY OF CHANHASSEN 270 701 XENIA AVE S | SUITE 300 | MINNEAPOLIS, MN 55416 | TEL: 763.541.4800 | FAX: 763.541.1700 | WSBENG.COMAugust 12, 2022 Mr. Joe Seidl, Water Resources Engineer City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Proposal to Provide Professional Engineering Services for the City of Chanhassen’s 2022 Stormwater Pond Maintenance Project Dear Mr. Seidl, We are pleased to present this proposal for the City of 2022 Stormwater Pond Maintenance Project. Our proposal focuses on our extensive experience assessing and maintaining stormwater ponds over the last 10 years. The WSB team has the knowledge and experience necessary to complete the requested work in a professional, timely, and cost-effective manner. Our project team includes Bill Alms, Project Manager, who has a passion for solving water resource-related problems and over ten years of successful experience managing stormwater BMP maintenance projects. Both Kendra Fallon and Alison Harwood will assist Bill throughout the project. We believe our team of water resources experts is ideally suited to meet your needs based on the following considerations: Pond Assessment and Maintenance Experience | The proposed project team has completed more than 500 pond assessments and 100 successful pond maintenance projects, including multiple projects within the City of Chanhassen. We understand the challenges of these types of projects and know to focus our attention on design details such as construction access, clearing and grubbing options, dewatering/deicing challenges, and measurement of dredged material. Understanding the challenges and variability of each unique pond allows us to have a reputation for delivering successful pond maintenance projects. Innovative Water Resources Expertise and Experience | Staff members at WSB have created and implemented unique designs for clients in Minnesota and the upper Midwest. Our designs are always tailored to meet the specific needs and characteristics for each client in a manner that helps them achieve their goals and meet their financial expectations. This experience allows WSB to anticipate and respond to challenges that arise during both project design and during construction. Commitment to Communication | Our project team is committed to listening to your concerns and working with you to develop solutions to meet the City’s unique needs. It is very important to WSB that the City is more than satisfied with the design process and the resulting project implementation. The City and WSB staff have established a long-standing, trusted relationship working collaboratively to solve water resources issues and protect our natural resources. We look forward to contributing to the City’s continued success and thank you for the opportunity to submit our proposal. Please feel free to contact either of us to discuss our next steps together. Sincerely, WSB Bill Alms, PE Earth Evans, PE Project Manager Director of Water Resources 271 Firm Overview | 2Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services 650+ STAFF 30+ SERVICE AREAS 15 OFFICES 5 STATES Forge ahead. WSB is a design and consulting firm specializing in engineering, community planning, environmental, and construction services. Together, our staff improves the way people engage with communities, transportation, infrastructure, energy and our environment. We offer services that seamlessly integrate planning, design and implementation. We share a vision to connect your dreams for tomorrow to the needs of today— the future is ours for the making. Firm Overview Alternative Project Delivery | Biogas | Bridges & Structures | City Engineering | Community Planning | Constructability Review | Construction Materials Testing & Special Inspection | Contractor Modeling | Drinking Water | Economic Development | Environmental Compliance | Geohazard Risk Management | Geospatial | Geotechnical Engineering | GIS Services | Grants & Funding | Health & Safety Compliance | Intelligent Transportation Systems | Investigation & Remediation | Land Development | Landscape Architecture | Managed Services | Natural Resources | Pavement Management | Pipeline | Project Management & Construction Administration | Public Engagement | Public Works Management | Right of Way | Roadway Design | Smart Cities | Solar | Survey | Sustainability | Technology Solutions | Traffic Engineering | Transit Planning | Transportation Planning | Urban Design | Vibration Monitoring | Visualizations | Water Resources | Water Reuse | Wind 272 701 XENIA AVE S | SUITE 300 | MINNEAPOLIS, MN 55416 | TEL: 763.541.4800 | FAX: 763.541.1700 | WSBENG.COMTABLE OF CONTENTS Firm Overview ..................................................2 Statement of Understanding ..........................3 Approach and Methodology ...........................5 Schedule .........................................................12 Firm Information .............................................13 Firm Information - Project Examples .............14 Key Personnel .................................................16 Fee ...................................................................19 References ......................................................21 273 Statement of Understanding | 3Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Statement of Understanding This project involves completing sediment surveys, functional assessments, and construction documents for seven stormwater basins within the City of Chanhassen. Basins that have been identified as requiring maintenance, due to a significant degradation in their treatment performance, will require bathymetric surveys to confirm excavation quantities, preparation of plans and bid documents, and construction observation for the recommended maintenance activities in 2022. A functional assessment, construction documents, and permitting have already been completed by WSB on an eighth basin Lake Lucy 2-14-1. These previously produced plans will be incorporated into the overall plan set. The work under this scope of services will include seven feasibility memorandums outlining the sediment sampling results and maintenance recommendations and designing and overseeing construction on an estimated 3-4 basins in addition to Lake Lucy 2-14-1 as budget allows. We understand the estimated budget for 2022 Pond Maintenance Project is $600,000. We estimate the construction cost to complete maintenance on all eight basins could range between $560,000 to $1,020,000 dependent upon sediment testing results to achieve the managed depth listed in SWAMP. WSB will assess the seven basins identified and utilize our experience to determine the optimized maintenance recommendation to fit within the City’s budget and achieve the greatest cost benefit. 274 Statement of Understanding | 4Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services SWAMP POND ID OCI/SWAMP SCORE APPROX. BASIN AREA (ACRES) ESTIMATED YEARS SINCE CONSTRUCTION ESTIMATED EXCAVATION VOLUME (CY) RM-P4.9 33.79 0.25 34 1250 BC-P5.9 37.03 0.68 25 1120 LL-P6.7 31.83 0.11 29 815 LR-P1.6 41.12 0.25 23 1685 MC-P4.2A 32.19 0.1 15 760 MINNEHAHA 1-5-1 37.30 0.05 50 90 CHRISTMAS LAKE 3-2-1 35.42 0.13 31 545 LAKE LUCY 2-14-1*36.67 0.12 23 350** This project will require a team of experts who have extensive experience performing pond assessment and maintenance projects to prevent costly mistakes that can occur throughout the course of the project. This project will also require experience to facilitate a smooth permitting process with environmental permitting agencies. The selected consultant will need experience working with partner local agencies to anticipate questions and issues and be able to communicate effectively and timely to ensure the project’s success with the best outcomes. *DESIGNED AND PERMITTED BY WSB ENGINEERING | **AS SHOWN IN WSB PLANS DATED 3/21/2022 THE FOLLOWING TABLE OUTLINES KEY ATTRIBUTES OF THE BASINS SELECTED FOR SURVEY AND ASSESSMENT: 275 Approach and Methodology | 5Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Approach and Methodology THESE PROJECT GOALS DEFINE OUR PROCESS AND TASKS: Effective basin assessment techniques and reporting methods, provide more performance-enhancing and cost-effective decision-making capability to our clients. Capitalizing on efficiencies throughout the assessment, design, and construction process allows us to keep design costs low while still providing high-quality results, in a timely manner. Positive relationships with many pond maintenance contractors ensure high expectations of project success and optimal bidding results. Approach and Methodology 276 Approach and Methodology | 6Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services TASK 1: Preparation of Pond Feasibility Memorandums This task includes developing preliminary design memorandums for each of the seven ponds identified for possible maintenance. A Feasibility Memorandum for Basin Lake Lucy 2-14-1 was previously completed by WSB in February 2022 and was used for the basis of the design and permitting of the basin by WSB. These memorandums will use information obtained from the City collected bathymetric surveys, sediment testing, as well as information from background data including as-builts, plats, and site visits with the City Staff to help determine the scope of the maintenance to be completed. Feasibility Memorandum will include: -Providing a cost-benefit analysis for varying excavation quantities for each pond to maximize the water quality benefit, and rate control and flood protection if applicable. -Identifying any additional pond improvements recommended beyond simply sediment removal (inlet/outlet repair, vegetation removal, etc.) -A sediment sampling summary that will include BaP equivalence calculations for cPAH data, sample location maps, and tabular laboratory data. -Identifying all permitting requirements for each pond including noting if any ponds would require a wetland delineation. -Identifying ideal access location for each of the ponds and construction limits based on plat and easement documents provided by the City. -Maintenance recommendations and schedule updates as necessary. 277 Approach and Methodology | 7Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services As part of the feasibility memorandums for the seven basins identified, WSB will complete sediment sampling and analysis to determine the appropriate sediment disposal methods. Sediment sampling will consist of two representative samples from the area identified for maintenance if that basin is less than one acre, and one sample per acre and per partial acre for basins between one and four acres. The work will be completed in accordance with the Minnesota Pollution Control Agency’s (MPCA) Managing Stormwater Sediment Best Management Practice Guidance. The results of the analyses will be compared to the MPCA Tier 1 and Tier 2 Soil Reference Values to provide guidance related to the management and disposal of the dredged materials. Stormwater sediment will be collected and analyzed for the following parameters: -Carcinogenic and noncarcinogenic polycyclic aromatic hydrocarbons (cPAHs and PAHs) using approved EPA Method 8270. -Copper using approved EPA Method 6010. -RCRA Metals (which includes arsenic) using EPA Method 6010. -We recommend including all RCRA metals in our testing as many landfills require this and it ultimately saves costs if an issue is present. This is also recommended by MPCA staff even though it is not an official requirement. If the City prefers to only test for arsenic, then we will honor that request. -Total Phosphorus. Sample handling and processing will adhere to the MPCA’s Guidance. Decontamination of re-usable sampling tools will be completed between sampling points. Project documentation will include a collection of GIS for sampling locations, total sample depth, and photographs. WSB will use PACE Labs to complete the laboratory analysis of the sediment samples collected. A cost of approximately $293 per sediment sample is anticipated based on the current lab price list. These lab costs will be passed on to the City with no markup. 278 Approach and Methodology | 8Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Based on the seven ponds identified for inspection, it is estimated that up to 14 samples may be required depending on the inspection results. A cost-benefit analysis will be completed using the City’s SWAMP for each of the maintenance projects to determine the optimal amount of material to be excavated from each basin to meet the City stormwater management goals. Capitalizing on our experience performing pond assessments and expertise with the City’s SWAMP, we have created an extremely efficient process to perform these analyses. This is a critical step in the maintenance evaluation process to ensure the City’s maintenance dollars are being utilized as effectively as possible. An excavation recommendation will be included for the City’s consideration for each of the seven ponds. NOTES: -We assume that all pond bathymetric surveys completed by the City are tied to a vertical Datum and water level surface reference elevation. Any additional survey needs will be discussed with the City and can be completed by WSB at our current 1-person survey crew billing rates. -WSB has been successful working with the Watershed Districts, WCA LGU, and the Army Corps of engineers in Chanhassen to obtain no-loss exemptions for routine pond maintenance with Wetland Delineations. We have not included any wetland delineation services in this work plan. -Christmas Lake 3-2-1 is shown to be public water and is anticipated to require additional permitting with the Minnesota Department of Natural Resources (MnDNR). Sediment core samples instead of grab samples within this basin are recommended to assist in permitting with the MnDNR. DELIVERABLES: SEVEN POND FEASIBILITY MEMORANDUMS, POND SEDIMENT TESTING SPREADSHEET 279 Approach and Methodology | 9Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services TASK 2: Preliminary Design, Final Design, and Permitting 2.3 – Permitting WSB will identify all permits needed and will prepare and submit all application materials on behalf of City staff in applying for the necessary permits. This will include all necessary plans, exhibits, descriptions, and calculations. Some of the anticipated potential permits include: -RPBCWD – Erosion Control and Wetland Protection -All basins excluding MC-P4.2A and Minnehaha 1-5-1 are located within RPBCWD -MCWD - Erosion Control -Basins MC-P4.2A and Minnehaha 1-5-1 are located within MCWD -City ROW Permits (or including in specifications that Contractor is responsible) -MnDNR Work in Public Waters permit for any work within Christmas Lake 3-2-1 (shown as part of a PWI) -WCA No-Loss -Army Corps Permits 2.1 – Preliminary Design 60% plans will be developed using pond inspection/ survey data. A detailed bathymetric survey will be completed on the ponds selected for a maintenance project to confirm previous survey results and excavation quantities. Surveys are only noted to be needed for the ponds selected for a maintenance project however all seven ponds could be surveyed as a project add-on. Plans are anticipated to include a cover sheet, notes/details, and SWPPPP (if required). The plans would also include a topographic survey sheet, grading/drainage plan, erosion control, and restoration plan and site access/ traffic control for each basin identified. In addition, an updated cost estimate will be developed to verify consistency between the proposed improvements and the City’s budget. This scope assumes the City will facilitate resident communications and mailings. WSB can assist by providing project information summaries and figures. The following ponds are potentially included: RM-P4.9, BC-P5.9, LL-P6.7, LR-P1.6, MC-P4.2A, Minnehaha 1-5-1, Christmas Lake 3-2-1, and Lake Lucy 2-14-1. 2.2 – Final Design and Construction Documents This task includes updating preliminary design construction documents based on input received from project stakeholders and City staff. A final construction cost estimate will be developed to reflect any changes from 60% to 100% design. It is important to note that this task does not include negotiating site access with property owners and obtaining temporary easements or right-of-entry, however, we can assist with this as needed. DELIVERABLES: BATHYMETRIC SURVEY DATA, 60% PLANS AND SPECIFICATIONS, PERMIT APPLICATION INFORMATION, 100% PLANS/ SPECIFICATIONS 280 Approach and Methodology | 10Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services TASK 4: Construction Administration WSB will provide on-site construction management during the construction of the proposed maintenance/ improvements. This will include the following activities: • Prepare for and attend pre-construction meetings with the City and Contractor • Perform construction staking • Review and approve any required submittals • Part-time construction observation to oversee construction operations at key points of the project (assume 160 hours) • Attend weekly construction meetings as needed over the construction period • Perform post-construction survey and provide final as-built plans to the City in PDF and CAD format • Prepare quantities, pay requests, change orders, and closeout documents • Attend the final walk-through inspection and prepare punch list DELIVERABLES: PAY REQUESTS, CHANGE ORDERS (AS NECESSARY), CLOSEOUT DOCUMENTS, PUNCH LISTS, RECORD DRAWINGS (CAD AND PDF) TASK 3: Bidding Services DELIVERABLES: BID DOCUMENTS This scope assumes the preparation of all necessary bid documents as well as answering questions during the bid process to help facilitate the understanding of construction expectations. It also includes attendance at pre-bid meetings if required, administering the online bid opening via QuestCDN and preparing a bid tabulation and recommendation for contract award. 281 Approach and Methodology | 11Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Project Communications Successful project delivery requires strong lines of communication and collaboration, both with the client and with the team members. WSB will hold meetings, as detailed in task 5, to discuss project progress, seek feedback from City staff on proposed approach, and discuss next steps to keep the project moving smoothly though each project milestone. WSB uses several technology methods to allow for the smooth flow of information. We embrace the development and use of new technologies to provide the highest level of communication between the City, WSB, and contractors. Our team is highly trained in our in-house project control software, Deltek, and Primavera P6 project management tools. These tools are designed to maintain effective client communication, adjust staffing and resources, prepare detailed reports, meet project deadlines, and remain within schedule and budget. TASK 5: Project Management and Meetings Project management will be performed throughout the course of the project by WSB’s Project Manager, Bill Alms. Project management will include attending meetings (developing agendas, preparing handouts/ graphics, and completing minutes as necessary), regular communication with the City and project stakeholders, and management of the staff and budget. This scope assumes the following meetings: • Kickoff meeting with the City • Meeting with City staff to review 60% Preliminary Design Report and site plans • Meeting with City staff to review 100% Final Design Report and site plans • Regular check-in calls/updates with the City Project Manager • Pre-application meetings with RPBCWD and/ or MCWD to confirm permitting requirements (dependent on ponds selected for maintenance projects) 282 Schedule | 12Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Schedule TASK ID | TASK DESCRIPTION 2022 2023 AUG SEP OCT NOV DEC JAN FEB MAR Contract Award - Notice to Proceed 1.0 PREPARATION OF POND FEASIBILITY MEMORANDUMS (7 PONDS) 1.1 Sediment Sample Collection & Reporting 1.2 Sediment Sample Analysis (Pace Labs) 1.3 Develop Pond Feasibility Memo 2.0 CONSTRUCTION DOCUMENTS, PERMITTING 2.1 Bathymetric Survey of Ponds 2.2 Preliminary Design and Engineering Report 2.3 Permitting 2.4 Final Design and Engineering Report 3.0 BIDDING 3.1 Bidding Documents and Administration 4.0 CONSTRUCTION SERVICES 4.1 Construction Administration and Meetings 4.2 Construction Observation (Part-time) 4.3 Construction Staking 4.4 As-Built Survey & Record Drawings 5.0 PROJECT MANAGEMENT AND MEETINGS 5.1 Kickoff Meeting with City Staff 5.2 60% Plans and Engineering Report Review 5.3 100% Plans and Engineering Report Review 5.4 RPBCWD Pre-Application Meeting 5.5 MCWD Pre-Application Meeting B CA ADVERTISE BIDS OPEN BIDS COUNCIL AWARD PRECONSTRUCTION MEETINGABCD D Preliminary Schedule The schedule below has been prepared based on information received from the City and shows the most aggressive schedule. We will work with the City to modify the schedule as necessary to meet their needs. Based on favorable consideration of our proposal, we would immediately schedule a kickoff meeting and sediment sampling (within one week). Ideal conditions for pond excavation projects are typically from January to March depending on the length of the winter season. 283 Firm Information | 13Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Firm Information WSB’s project team is extremely proficient at completing pond assessments and maintenance projects similar to what the City is requesting. Our project team has completed over 500 pond assessments and over 100 successful pond maintenance projects in the last 10 years, including over a dozen projects within the City of Chanhassen. The map below highlights the many areas where the proposed project team has completed pond assessments and pond maintenance projects. MississippiRiverSt.CroixRi ver M i n n e so t a Rive rNorthForkCrowRiver C a n n o nRiv e rSouthForkC ro wRive rLINO LAKES STILLWATER NORTH ST. PAUL MAHTOMEDI FRIDLEY APPLE VALLEY BLAINE BROOKLYN CENTER MAPLE GROVE HANOVER ST. MICHAEL COLUMBIA HEIGHTS ST. ANTHONY GOLDEN VALLEY ST. LOUIS PARK BLOOMINGTON MINNETRISTA SHOREWOOD CHANHASSEN VICTORIA SHAKOPEE & SMSC BURNSVILLE SAVAGE PRIOR LAKE LAKEVILLE DUNDAS ROSEMOUNT WEST ST. PAUL SOUTH ST. PAUL WOODBURY ROSEVILLE WYOMING CHAMPLIN HUGO 494 694 94 94 35 35 169 10 52 10 212 12 Completed pond maintenance projects and assessments Completed pond assessments Completed pond maintenance projects and assessments METRO AREA EXPERIENCE Completed pond assessments 284 Firm Information - Project Examples | 14Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Chanhassen 2021 Drainage Improvements Project CLIENT: CITY OF CHANHASSEN PROJECT DURATION: 01/2021 - PRESENT This project consisted of design and construction administrative services for several pond cleanouts and other drainage improvements for the City of Chanhassen. Results from pond bathymetric surveys, sediment sampling, HydroCAD modeling updates and a review of background data were combined to create feasibility memos for eight ponds and three ravines in the City. Based on the results of the feasibility memos WSB worked with the City to select six ponds and two ravines to construct improvements on. Construction plans and specifications were developed for the project which included pond excavation, outlet reconstruction, ravine stabilization, and restoration. Extensive coordination with RPBCWD was required to permit the improvements through the District. Additional wetland permitting was completed in line with WCA and Army Corps of Engineers requirements. WSB led construction administration on the project and worked through multiple challenges as they arose during construction to keep the project on track. Frequent communication and documentation with the contractor and the City were required to maintain expectations and deliver a final project outcome all parties were comfortable with. ENGINEERING COST: $90K (INCLUDING ADDITIONAL SERVICES ADDED THROUGHOUT THE PROJECT) CONSTRUCTION COST: $620K Brooklyn Center Pond Maintenance Projects CLIENT: CITY OF BROOKLYN CENTER PROJECT DURATION: 09/2016 – PRESENT WSB has worked with the City of Brooklyn Center since 2016 on their annual pond maintenance projects. In 2016, WSB helped the City develop a program that identified a five-year plan that prioritized survey activities and subsequently prioritized maintenance needs. The City then programmed the projects into their CIP. Each year WSB completes bathymetric surveys and pond assessments to determine the extent of each pond maintenance project. Cost benefit analyses are completed to determine the optimal amount of material to be dredged in order to meet the stormwater needs of the City. Pond design memos are completed that outline the cost-benefit analysis as well as identify construction access, clearing and grubbing needs, and permitting requirements. Sediment testing and analysis is completed to determine the appropriate method of disposal. Construction plans and specifications are developed and tailored to meet the unique characteristics of each year’s ponds. WCA coordination, Army Corps permitting, and DNR permitting is completed as required. Construction observation and staking is performed to ensure the construction is consistent with the plans and specifications and that the project achieves the desired outcomes of the City. ENGINEERING COST: $30-45K ANNUALLY CONSTRUCTION COST: $150K-300K ANNUALLY Firm Information - Project Examples 285 Firm Information - Project Examples | 15Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Burnsville Pond Maintenance Projects CLIENT: CITY OF BURNSVILLE PROJECT DURATION: 06/2013 – PRESENT These projects are completed annually and generally involve the same steps to result in a successful project. Each year the City and WSB review the City’s priority basins to be surveyed. Following the bathymetric surveys, it can then be determined which basins need to be maintained and the extent of maintenance to achieve the stormwater goals of the City. Cost-benefit analyses are completed during the completion of the pond design memos to determine the optimal amount of maintenance/dredging to be completed. In addition, the pond design memos include construction access investigation, clearing and grubbing needs, and permitting requirements. Sediment testing and analysis is completed to determine the appropriate disposal requirements. Construction plans and specifications are developed and tailored to meet the unique characteristics of each years’ ponds. WCA coordination, Army Corps permitting, and DNR permitting is completed as required. Construction observation is performed to ensure the construction is consistent with the plans and specifications and that the project achieves the desired outcomes of the City. ENGINEERING COST: $35-50K ANNUALLY CONSTRUCTION COST: $350K-400K ANNUALLY ALIMAGNET POND FILTER RETROFIT 286 Key Personnel | 16Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Bill Alms, PE PROJECT MANAGER Bill has 12 years of experience in water resources engineering. Bill’s experience includes planning, design, and construction management for several regional stormwater projects including passive treatment technologies, chemical treatment systems, and stormwater reuse applications. Bill has designed many alternative stormwater management devices for a variety of unique situations where standard stormwater management techniques were not feasible. Such devices include: stormwater reuse systems, alum treatment systems, active stormwater management systems (pump and treat), and underground storage and treatments systems. He is also experienced in research and inspection of municipal storm water systems, hydrologic, hydraulic, and water quality modeling, watershed permitting submittals, and development plan reviews. Key Personnel At WSB, our project approach begins with establishing a team with expertise gained from experience with similar projects. Team members enjoy working together and collectively tackling the challenges associated with each project. We have provided the proposed structure of the team and capsules for key team members which detail their roles and related experience below. City of Chanhassen Joe Seidl Bill Alms, PE PROJECT MANAGER Kendra Fallon GRADUATE ENGINEER Alison Harwood PERMITTING SPECIALIST Sarah Loberg CAD TECH Dan O’Neil FIELD TECHNICIAN 287 Key Personnel | 17Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Kendra Fallon, PE PROJECT ENGINEER Kendra is a Graduate Engineer with over five year of water resources engineering experience. Kendra has experience with hydrologic and hydraulic modeling and water quality modeling, designing and managing pond restoration projects, storm sewer design, interpreting and reviewing for City stormwater requirements, and writing state and local agency permit applications. She has experience working with a variety of software including HydroCAD, GIS, P8, MIDS Calculator, Civil 3D and all Microsoft Office programs to help meet and exceed clients’ expectations. Alison Harwood PERMITTING SPECIALIST Alison is a certified wetland delineator in Minnesota (No. 1238) and has performed numerous wetland delineations and environmental assessments across Minnesota and the Midwest. Alison has experience completing the permit applications necessary for pond sediment removal, including those to obtain US Army Corps of Engineers Section 404 permits, Wetland Conservation Act approvals, and Watershed District approvals. She also has obtained DNR Public Waters Permits. Sarah Loberg GRADUATE ENGINEER / CAD TECH Sara is experienced in CAD 3D surface modeling and plan production. She also has experience taking various environmental media samples and analyzing the information. Sarah has been responsible for writing technical reports like Environmental Site Assessments, Limited Site Investigations, wetland delineations, SWPPPs, and final reports. This work included gathering information via fieldwork and surveying, managing and manipulating data, translating data into useful information via AutoCAD, GIS, and Microsoft Office, and creating a report to give to clients. She has experience as an inspector on projects such as road construction, environmental drilling, and landfill closures among others. This included coordinating with contractors and project managers to provide quality assurance and ensure standards and specifications were met. Dan O’Neil FIELD TECHNICIAN Dan has over eight years of experience in WSB’s water resources group. He is the field specialist responsible for various types of monitoring, sediment sampling, and pond/BMP surveys. He has completed over 400 pond surveys and assessments and is extremely thorough and takes pride in bringing accurate information from the field to the office. 288 Key Personnel | 18Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Staff Availability and Commitment WSB recognizes that exceeding our clients’ expectations on each and every project is the single most important factor in achieving client satisfaction. Therefore, we place maximum emphasis on understanding the client’s needs, matching the expertise and experience of each team member to the needs of the project, and delivering the project on time and on budget for the scope of services that was proposed. WSB commits that the staff members listed on the organization chart will be available to successfully complete this project. All WSB team members are located here in the Twin Cities metropolitan. Client and stakeholder meetings and coordination efforts will be based from the WSB Golden Valley office location. 289 Fee | 19Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services Fee TASK NO. | DESCRIPTION PROJECT MGR.B. ALMSPROJECT ENG.K. FALLONSR. ENVIR. SCI.A. HARWOODCAD TECH.S. LOBERGFIELD INSP.D. O'NEIL2-PERSON SURVEY CREWADMINTOTAL HOURSREIMBURSABLE EXPENSESCOST 1 PREPARATION OF POND FEASIBILITY MEMORANDUMS (7 PONDS) 1.1 Sediment Sample Collection & Reporting 14 14 $1,372 1.2 Develop Pond Feasibility Memo 6 42 2 7 57 $7,869 Lab analytical cost of approximately $293 per sediment sample will be passed on to the City with no mark up.$4,102 Task 1 Total Estimated Hours & Fee 6 42 2 7 14 0 0 71 $4,102 $9,241 2 CONSTRUCTION DOCUMENTS AND PERMITTING 2.1 Bathymetric Survey of Ponds*4 32 36 $3,684 2.2 Preliminary Design 12 20 50 2 84 $9,950 2.3 Final Design 8 14 25 6 53 $6,327 2.4 Permitting 8 24 2 34 $5,418 Task 2 Total Estimated Hours & Fee 20 46 24 77 32 0 8 207 $25,379 3 BIDDING SERVICES 3.1 Bidding Documents & Administration 4 6 8 18 $2,254 Task 3 Total Estimated Hours & Fee 4 6 0 0 0 0 8 18 $2,254 4 CONSTRUCTION SERVICES 4.1 Construction Administration & Meetings 3 8 11 $1,642. 4.2 Construction Observation (Part-time)**2 20 140 162 $16,824 4.3 Construction Staking 2 4 12 18 $3,146 4.4 As-Built Survey & Record Drawings 8 16 24 $4,088 Task 4 Total Estimated Hours & Fee 5 30 0 12 140 28 0 215 $25,700 5 PROJECT MANAGEMENT AND MEETINGS 5.1 Kickoff Meeting with the City 1 1 2 $319 5.2 60% Plans Review 1 1 2 $319 5.3 100% Plans Review 1 1 2 $319 5.4 RPBCWD Pre-Application Meeting 1 2 3 $456 5.5 MCWD Pre-Application Meeting 1 2 3 $456 5.6 On-going Project Management 12 12 $2,184 Task 5 Total Estimated Hours & Fee 17 7 0 0 0 0 0 24 $4,053 Total Estimated Hours 52 131 26 96 186 28 16 535 Average Hourly Billing Rate $182 $137 $172 $97 $98 $207 $88 Total Fee by Labor Classification $9,464 $17,947 $4,472 $9,312 $18,228 $5,796 $1,408 $66,627 TOTAL PROJECT COST $66,627 * This assumes a detailed survey will be completed for 4 ponds (as selected for a maintenance project). Additional ponds can be surveyed for an additional fee of $750/basin. **This assumes a 6-week construction schedule for sediment excavation of the 4 ponds We propose to complete the scope of work described above and under the terms outlined in the RFP for the cost listed in the cost table below. WSB is committed to performing the work outlined in the approach section of the proposal for the budget shown and will not perform out of scope work without prior authorization from the City. Additional services requested by Chanhassen can be scoped (if required) using our current hourly rate sheet, shown on the following page. 290 Fee | 20Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services BILLING RATE/HOUR PRINCIPAL | ASSOCIATE$154 - $197 SR. PROJECT ENGINEER | SR. PROJECT MANAGER$154 - $197 PROJECT MANAGER$137 - $152 PROJECT ENGINEER | GRADUATE ENGINEER$92 - $148 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $59 - $148 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT$71 - $152 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST$59 - $147 PLANNER | SR. PLANNER$71 - $152 GIS SPECIALIST | SR. GIS SPECIALIST$71 - $152 CONSTRUCTION OBSERVER$95 - $121 SURVEY ONE-PERSON CREW$149 TWO-PERSON CREW$196 THREE-PERSON CREW$211 OFFICE TECHNICIAN$53 - $94 2022 Rate Schedule BILLING RATE/HOUR PRINCIPAL | ASSOCIATE $162 - $206 SR. PROJECT ENGINEER | SR. PROJECT MANAGER $162 - $206 PROJECT MANAGER $143 - $159 PROJECT ENGINEER | GRADUATE ENGINEER $97 - $158 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $62 - $154 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $73 - $154 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $60 - $151 PLANNER | SR. PLANNER $75 - $159 GIS SPECIALIST | SR. GIS SPECIALIST $72 - $159 3D VISUALIZATION $72 - $159 CONSTRUCTION OBSERVER $98 - $128 SURVEY ONE-PERSON CREW $159 TWO-PERSON CREW $207 THREE-PERSON CREW $224 OFFICE TECHNICIAN $56 - $97 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in our hourly rates. | Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate schedule is adjusted annually. 291 References | 21Proposal for 2022 Stormwater Pond Maintenance Design and Construction Administration Services References BURNSVILLE Ryan Peterson Public Works Director 952.895.4459 ryan.peterson@burnsvillemn.gov 100 Civic Center Parkway Burnsville, MN 55337 ROSEMOUNT Jane Byron Stormwater Specialist 651.322.2075 jane.byron@ci.rosemount.mn.us 2875 145th Street West Rosemount, MN 55068 GOLDEN VALLEY Jeff Oliver City Engineer 763.593.8034 joliver@goldenvallymn.gov 7800 Golden Valley Road Golden Valley, MN 55427 292 2022 Stormwater Pond Maintenance Design & Construction Administration Services Firm Completeness of proposal Firm and Key Personnel Resources Overall Score 20% 15% 15% 100% (1-10)(1-10)(1-10)(10 pts max) Bolton & Menk 6.3 7.3 6.7 93,716$ 6.7 6.7 HTPO 6.3 3.3 3.0 79,681$ 8.7 6.6 Stantec 9.7 8.3 8.7 86,600$ 7.8 8.4 WSB 9.3 5.3 8.0 70,729$ 10.0 8.9 Fee 50% (1-10) 293 City Council Item August 22, 2022 Item Monthly Fire Department Update File No.Item No: F.1 Agenda Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Prepared By Ana Fatturi, Fire Inspector/Admin Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority Operational Excellence SUMMARY Monthly Fire Department Update with Call Response Data from June and July 2022. BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 294 2022 08 22 Council Update 22 08 Graphs CC Community Risk Reduction Graphs 295 TO: Laurie Hokkanen, City Manager FROM: Don Johnson, Fire Chief DATE: August 22, 2022 SUBJ: Monthly Fire Department Update Fire Department Staffing Department staffing is at 35 paid on-call firefighters and 6 Full Time personnel. (2) POC firefighters are on extended medical leave. Fire Department Response The fire department responded to (106) calls for service in June and (101) calls in July. Call Breakdown for the two months: 1 Chief Only 159 Duty Crew 47 General Alarms: (45) General Alarms occurred during times the station was not staffed Significant calls included the following: • Cooking Fire at Lake Susan Apartments • Mutual Aid House Fires o Assist to Hopkins Fire on house explosion o House Fire in Chaska • Grass Fire on Hwy 101/Kurvers Point Road • Garbage Can fire Park Rd/Park Drive • Car Fires o 212/101 o 5/41 • Garage Fire on Hidden Lane 296 Laurie Hokkanen Fire Department Update Page 2 Mid-Year Review • Call response thru July total 629 which is 8.8% ahead of last year • No starts thru June total 137 as compared to 132 last year and remain consistent • 2022 calls handled M-F, 0600-1600 thru June represent about 36% of the call load also consistent with 2021 • Duty crew calls thru July equal 392 with a projected total of 672 for the year, well above the 2021 total of 464. Adding the 70 station calls and 8 chief only calls prior to April to the DC totals projects staffed calls will likely be near 800 by years end. • Days of Week and Hours of Day remain fairly consistent as in past years EMS Response Data: Total EMS Responses = 143 • Difficulty Breathing (29), Serious Medical (19), Unconscious/Unresponsive (17) • Motor Vehicle Accidents (13) Primary Actions While on Scene • Check For Injuries and Symptoms 17 • Assessment and Vitals 40 • Assessment, Vitals, and Interventions 13 • Packaging and Loading for Transport 38 • Canceled En Route by ALS Provider 3 • Assist ALS with Transport 3 • No Patient Contact 19 Fire Units Arrived Prior to Ridgeview 78 COVID Suspected/Confirmed 1 Medical Calls the FD was not started to 54 297 Laurie Hokkanen Fire Department Update Page 3 Other Activities • Staff met the challenges of another busy 4th of July Celebration o Inspections of all carnival cooking carts o Inspections of Taste Cooking Venues prior to open o Staffed the station 24 hours for July ¾ o Launched (3) UAV Missions ▪ July 3rd Fireworks @ Lake Minnewashta ▪ July 4th Parade ▪ July 4th Fireworks @ Lake Ann • Assist with Annual Minnetonka Mud Run at Lake Minnewashta Park • Annual Relief Meeting took place at the fire station on July 18 • Provided Coverage to Victoria Fire on July 25 so they could attend training out of town Fire Training • Current probationary staff completed the NREMT coursework and passed the practical exam stations. The have registered for the NREMT exam which is about a 2 month wait to be assigned a slot. The Carver County Academy began on August 8th and is scheduled through the end of the year • No department training was conducted in July to allow staff a break • Training continued in August with EMS training and Blue Card Incident Command Training on response to strip mall fires Fire Investigations • Follow up to Fire Investigation for garage fire at 350 Hidden Lane. Investigation completed by outside agency (Eden Prairie Fire). Cause of fire found to be accidental due to stain rags discarded into garbage can, leading to spontaneous combustion. • Chief Nutter assisted Department of Justice Consumer Protection Agency with providing previous fire investigation reports and phots as well as a recorded statement over the phone on the 2017 fire at 545 Lake Drive Summerwood Senior Living that resulted in a fatality. 298 Laurie Hokkanen Fire Department Update Page 4 Community Risk Reduction Activities for July Fire Inspections: Including proactive, complaint based, and annual – 24 Inspections • 17 construction related • 6 event approvals • 1 follow up/annuals Plan Reviews: including fire alarm and suppression systems, building construction and remodel, and preliminary plan reviews: 16 • Fire related: 8: Emerson remodel; Chanhassen Elementary remodel; Fireworks permits issued to Target and Cub for commercial sales. • Construction: 5: ESI Marine Storage; Several smaller remodels and additions to local businesses; Caribou Coffee • Preliminary: 3: Updates to Avienda reviewed among other smaller projects. Public Education Events: 3 • Fire Extinguisher Training provided to Riley Crossing Senior Living and Robert’s Automatic. Code Enforcement Specialist update: June/July Statistics Fire Call Assists 55 Fire Inspections Assists 13 Property Maintenance 18 Nuisances 12 Outdoor Storage 16 Traffic - Motorist Assists/PD Accident 10 Traffic - Parking 8 Animal Calls 10 Burning Complaints 0 Misc/Questions 13 299 0 20 40 60 80 100 120 May June July Calls by Type and Month Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 80 75 65 79 77 74 78 82 65 84 75 83 59 66 83 78 81 91 120 105 117 86 87 105 94 66 78 75 109 106 101 20 40 60 80 100 120 140 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Chanhassen Fire Department Calls By Month Comparison 2020 2021 2022 300 753 921 1,002 917 1,078 1,083 400 500 600 700 800 900 1000 1100 1200 2017 2018 2019 2020 2021 2022 Projected Calls for Service by Year Rescue & Emergency Medical Service 67% Alarm Calls 11% Good Intent Call 7% Hazardous Condition 5% Service Call 6% Fire 4% 2022 Calls for Service by % of Call Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 301 S 13% M 16% T 13% W 16% TH 12% F 13% Sa. 17% 2022 CALLS BY DAY OF WEEK 0 50 100 150 200 250 300 4‐8a 8‐12p 12‐4p 4‐8p 8‐12a CALLS BY TIME OF DAY 2019 2020 2021 2022 302 Elite chanhassenfire Incident Type Report (Summary) Basic Incident Type Code And Description (FD1.21) Total Incidents Total Incidents Percent of Incidents Total Property Loss Total Content Loss Total Loss Total Loss Percent of Total Incident Type Category (FD1.21): 1 - Fire 111 - Building fire 3 2.97%15,000.00 1,000.00 16,000.00 45.71% 131 - Passenger vehicle fire 2 1.98%18,500.00 500.00 19,000.00 54.29% Total: 5 Total: 4.95%Total: 33,500.00 Total: 1,500.00 Total: 35,000.00 Total: 100.00% Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 6 5.94% 32110 - Fall Great than 10'1 0.99% 32114 - Serious Medical 10 9.90% 32115 - General Medical 3 2.97% 32116 - Weak/Dizzy/Unwell/Unspecified 2 1.98% 32117 - Diabetic Emergency 2 1.98% 32118 - Medical Other 2 1.98% 3212 - Unconscious/Unresponsive 4 3.96% 3213 - Difficulty Breathing 14 13.86% 3214 - Stroke 4 3.96% 3215 - Seizure 5 4.95% 3216 - Overdose 1 0.99% 3217 - Allergic Reaction 4 3.96% 3219 - Traumatic Injury/Head Injury/Severe Burn 2 1.98% 322 - Motor vehicle accident with injuries 5 4.95% 323 - Motor vehicle/pedestrian accident (MV Ped) 1 0.99% Total: 66 Total: 65.35%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 4101 - Suspected Gas Odor Inside a Structure 2 1.98% 424 - Carbon monoxide incident 2 1.98% 440 - Electrical wiring/equipment problem, other 1 0.99% 445 - Arcing, shorted electrical equipment 1 0.99% Total: 6 Total: 5.94%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call 550 - Public service assistance, other 1 0.99% 551 - Assist police or other governmental agency 2 1.98% 553 - Public service 1 0.99% 554 - Lift Assist 6 5.94% Total: 10 Total: 9.90%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call 611 - Dispatched and cancelled en route 2 1.98% 6111 - EMS Dispatched and cancelled en route 2 1.98% 622 - No incident found on arrival at dispatch address 2 1.98% 651 - Smoke scare, odor of smoke 2 1.98% Total: 8 Total: 7.92%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 700 - False alarm or false call, other 1 0.99% 731 - Sprinkler activation due to malfunction 1 0.99% 733 - Smoke detector activation due to malfunction 2 1.98% 741 - Sprinkler activation, no fire -1 0.99% Printed On: 08/04/2022 07:47:01 AM1 of 2 303 Basic Incident Type Code And Description (FD1.21) Total Incidents Total Incidents Percent of Incidents Total Property Loss Total Content Loss Total Loss Total Loss Percent of Total unintentional 745 - Alarm system activation, no fire - unintentional 1 0.99% Total: 6 Total: 5.94%Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 101 Total: 100.00%Total: 33,500.00 Total: 1,500.00 Total: 35,000.00 Total: 100.00% Printed On: 08/04/2022 07:47:01 AM2 of 2 304 Rice Lake Lotus Lake Clasen Lake Lake Ann Harrison Lake Lake Lucy Lake Susan Lake Riley Rice Marsh Christmas Lake Lake St. Joe Lake Minnewashta ST18 ST14 ST15 ST17 ST61 SA5SA101 SA7 SA5 SA41 )212 )212 PowersBlvdLyman Blvd AudubonRdChanhassen RdArboretum Blvd Pioneer TrlHazeltine BlvdHwy 212Market Bl vdGalpinBlvdGreatPlainsBlvdPowers BlvdHwy 7Arb o r e t u m B l v d Flying C l o u d D r C o R d 1 0 1 ST101 ST101 GH117 Carver County GIS Document Path: C:\Users\coleb\Desktop\2022-07(July)\2022-07(July)\2022-07(July).aprxDate Created: 8/1/2022 Created By: City of Chanhassen - Engineering Department µ0 0.5 Mile 0 3,000 Feet Fire Calls for Service - July 2022 City of Chanhassen West Box South Box North Box Fire Box Alarm Zones Parcel Boundaries Railroad Lakes Rivers Fire Incidents (101) Legend 305 Community Risk Reduction Reporting Data Breakdown July 2022 2 14 6 2 Fire Inspections by Type Construction Fire Alarm/Sprinkler Special Event Proactive/Complaint based 4 6 3 3 Plan Review by Type Fire Alarm Fire Sprinkler Construction Special event 306 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% May June July 22 25 24 23 16 15 5 3 3 2022 Community Risk Reduction by Type Fire Inspections Plan Reviews Public Education 307 Code Enforcement Specialist Data 7 12 5 9 10 22 9 3 4 0 2 1 2 4 000000 1 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Notice of Violations 1st Notice of Violation Letters 2nd Notice of Violation Letters Citation Issued 40% 14% 3% 5% 6% 16% 13% 1%2% CES Nov ‐Dec 2021 Call Breakdown Fire Calls Fire Inspections Property Maintenance Nuisances Outdoor Storage Traffic ‐ Assists/Parking Animal Calls Burning Complaints Misc/Questions 308 61 65 80 65 89 102 80 0 20 40 60 80 100 120 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECTotal Calls Total Monthly Calls/Inspections 309 City Council Item August 22, 2022 Item Law Enforcement Update File No.Item No: F.2 Agenda Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Prepared By Lance Pearce, Lieutenant, CCSO Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY In addition to the monthly update, Sgt. Grundeman will be presenting a 20-minute presentation on drugs in the community with a focus on opioids. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 310 ATTACHMENTS Comparison of Metrics 2019-2022 June 2022 Breakdown July 2022 Breakdown June 2022. July 2022 Activity Description by Class Chanhassen City Council Meeting 311 Comparison of Metrics 2019-2022 0 2 4 6 8 10 12 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestics by Month 2019 Domestics by Month 2020 Domestics by Month 2021 Domestics by Month 2022 Domestics by Month 0 1 2 3 4 5 6 7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestic Assault by Month 2019 Domestic Assault by Month 2020 Domestic Assault by Month 2021 Domestic Assault by Month 2022 Domestic Assault by Month 312 0 5 10 15 20 25 30 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mental Health by Month 2019 Mental Health by Month 2020 Mental Health by Month 2021 Mental Health by Month 2022 Mental Health by Month 0 10 20 30 40 50 60 70 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fraud/ Theft by Month 2019 Fraud/ Theft by Month 2020 Fraud/ Theft by Month 2021 Fraud/ Theft by Month 2022 Fraud/ Theft by Month 313 314 June 2022 Carver County Sheriff’s Office City of Chanhassen Call for Service Total Patrol Activity=890 46 20 432 Felony Misdemeanor Non Criminal Traffic June 2022 Types of Calls CFS=890 392 8 1113 8 June 2022 Group A Assault Theft Drug Other 315 0 10 20 30 40 50 60 70 80 June 2022 Non Criminal 21 273 40 83 Driving Complaint Traffic Stops Crashes Citations Traffic 316 317 318 319 320 July 2022 Carver County Sheriff’s Office City of Chanhassen Call for Service Total Patrol Activity=899 41 14 396 Felony Misdemeanor Non Criminal Traffic July 2022 Types of Calls CFS=899 448 2 2111 7 July 2022 Group A Assault Theft Drug Other 321 0 10 20 30 40 50 60 70 80 July 2022 Non Criminal 35 329 37 84 Driving Complaint Traffic Stops Crashes Citations Traffic 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 Page 1 Memo TO:Mayor Ryan and Chanhassen City Council members FROM: Lieutenant Lance Pearce DATE: August 15, 2022 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting August 22, 2022 for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen June and July 2022 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen June and July 2022 Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen June and July 2022 Citation Summary. 4. Staffing update: The open FTE in the contract has been filled as of August 3, 2022 5. Training update: Rifle Qualification was in July on-duty. 6. Presentation: Sgt. Grundeman will be doing a 20 minute presentation on drugs in the community with a focus on opioids. Lieutenant Chanhassen Office 352 City Council Item August 22, 2022 Item Approve On-Sale Beer & Wine Liquor License for Manaslu Group, LLC doing business as Thaliwala located at 7850 Market Boulevard File No.Item No: G.1 Agenda Section PUBLIC HEARINGS Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves an On-Sale Beer & Wine Liquor License for Manaslu Group, LLC doing business as Thaliwala located at 7850 Market Boulevard." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY This office has received a request for an on-sale beer and wine liquor license from Manaslu Group, LLC doing business as Thaliwala. This will be a new restaurant that will occupy approximately 2,796 square feet located at 7850 Market Boulevard which was previously occupied by the Café Thyme restaurant. The restaurant will seat 55 inside and there is seating for another 12 on the attached outdoor patio. The applicant will be required to comply with City Code as it relates to fencing and liquor service on the outdoor patio. The applicant has indicated the restaurant is anticipated to open September 19, 2022. BACKGROUND Thaliwala will be serving Indian food in a fast casual concept. A Thali is a platter that consists of several different dishes served in small bowls to create a perfectly balanced meal (see attached photo). Both vegetarian and non-vegetarian options will be available. A menu is also attached. 353 DISCUSSION Manaslu Group, LLC consists of the following partners and their percentage of ownership: Rashmi Bhattachan, CEO (65%) Sarala Kattel, Executive Chef (35%) Law Enforcement conducted a background investigation, including criminal history, driving records, outstanding warrants, financial, and references on the two partners of Manaslu Group, LLC. Lt. Lance Pearce reviewed the background summary and noted that there was nothing questionable related to State Statute. A certificate of insurance showing Liquor Liability and Workers Compensation insurance is required to be submitted to the City prior to issuance of the liquor license. The applicant will need to provide these documents prior to forwarding the approved application to the State for final approval. A public hearing notice was published in the Chanhassen Villager on August 11, 2022 and mailed to all property owners within 500 feet of the site (see attached list). As of the date of this writing, staff has not received any comments from the public. BUDGET The required annual fee for an on-sale beer and wine liquor license is $410 and the background investigation fee is $250. The applicant paid the background investigation fee at the time of application. The wine license fee is due upon City Council approval. RECOMMENDATION Staff recommends the City Council approve the application for an on-sale beer and wine liquor license from Manaslu Group, LLC doing business as Thaliwala located at 7850 Market Boulevard. ATTACHMENTS Affidavit of Mailing of Public Hearing Notice Restaurant & Patio Floor Plan Thali Photo Menu 354 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. cor-rNTY oF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August ll,2022,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing Request for an On-Sale Beer & Wine License for Manaslu Group, LLC doing business as Thaliwala, to the persons named on attached Exhibit ooA", by mailing a postcard of said notice addressed to such owner, and depositing the postcards addressed to all such owners in the United States mail with postage fulty prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim T DEEANN M. TRIFITIART Nohry Public-Minnecota thi, I ( Pauy or Oulorra* ,2022 Subscribed and swom to before me Notary ttly Comn*rlon JmSt,2B{ 355 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON.SALE BEER & WINE LICENSE FOR MANASLU GROUP LLC DBA THALIWALA 7850 MARKET BOULEVARD NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 22,2022, at 7:00 p.m. in the Council Chambers at 7700 Market Boulevard, to consider issuing an on-sale beer and wine liquor license to Manaslu Group LLC, doing business as Thaliwala, located at 7850 Market Boulevard. All interested persons may appear and express their opinions regarding this application at said time and place. Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing. If you have any questions, contact Kim Meuwissen at 952-227-1107. Kim Meuwissen City Clerk (Published in the Chanhassen Villager on August 11,2022) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON.SALE BEER & WINE LICENSE FOR MANASLU GROUP LLC DBA THALIWALA 7850 MARIGT BOULEVARD NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, August 22,2022, at 7:00 p.m. in the Council Chambers at 7700 Market Boulevard, to consider issuing an on-sale beer and wine liquor license to Manaslu Group LLC, doing business as Thaliwala, located at 7850 Market Boulevard AII interested persons may appear and express their opinions regarding this application at said time and place. Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing. If you have any questions, contact Kim Meuwissen at 952-227-1107. Kim Meuwissen City Clerk (Published in the Chanhassen Villager on August 11,2022) 356 TAX_NAME CARVER COUNTY CHANHASSEN LETSOS LLC CHANHASSEN LODGING LLC KRAUS-ANDERSON INC LUTHERAN CHURCH OF THE LIVING CHRIST MARKET SQUARE ASSOC LTD PTRSHP MARKET SQUARE ASSTS II LLC NEARCO IV LLC STATE BANK OF CHANHASSEN TARGET CORPORATION T-0862 THE WOMACK FAMILY TRUST TWIN CITIES & WESTERN RAILROAD WEST ONE PROPERTIES LLC WEST VILLAGE STATION LLC & IPX WEST VILL RASHMIBATTACHAN EXHIBIT A TAX_ADD-11 602 4TH ST E PO BOX 1159 PO BOX727 525 S 8TH ST 820 LAKE DR PO BOX 404 47078TH ST W No. 260 434 HALE AVE N STE 160 PO BOX 80615 PO BOX 9455 111W MONROE ST 24W-N 2925 12TH ST E 7930 KERBER BLVD BOX 11 110501 NORTH LAKE DR L2564 84TH PL N TAX-ADD-12 CHASKA, MN 55318-2102 DEERFIELD, IL 60015-1159 WAITE PARK, MN 56387-0727 MINNEAPOLIS, MN 55404-1030 CHANHASSEN, MN 55317- CHANHASSEN, MN 55317-0404 CHAN HASSEN, M N 553L7 -4547 OAKDALE, MN 55128- INDIANAPOLIS, IN 46280. MINNEAPOLIS, MN 55440-9456 cHlcAco, tL 60603- GLENCOE, MN 55335-3358 CHANHASSEN, MN 55317- ctNctNNATI, oH 45249- MAPLE GROVE, MN 55369 357 358 359 NON VEGETARIAN 1. CHICKEN THALI 2. LAMB THALI 3. PORK THALI 4. SEAFOOD THALI 5. CHEF'S SPECIAL NON VEG THALI VEGETARIAN 1. CHANAA THALI 2. SAAG THALI 3. MIXED VEGETABLE THALI 4. PANEER THALI 5. CHEF'S SPECIAL VEGETARIAN THALI SIDES 1. DAAL 2. VEGAN SOUP 3. VEGETABLE MOMO 4. CHICKEN MOMO 5. BISON MOMO 6. SPICY CHICKEN CHOYLA 7. SPICY LAMB CHOYLA BREADS 1. PLAIN NAAN 2. GARLIC CILANTRO NAAN 3. KASHMIRI NAAN 4. KEEMA NAAN 5. CHEESE NAAN 6. ROTI 7. POORI 360 City Council Item August 22, 2022 Item Letters from League of Minnesota Cities regarding Senator Julia Coleman File No.Item No: K.1 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS LMC Correspondence dated July 21, 2022 361 lovva.s;p"deE,, l9c LEAGUE MINNESOTA ctTtEs July 2L,2022 Mayor Ryan PO Box 147 Chanhassen, M N 553L7 -OL47 Senator Julia Coleman, who represents your city at the state legislature, has been selected as a League of Minnesota Cities Legislator of Distinction for 2022. The League's Board of Directors recognized a total of 18 legislators this year, including 9 House members and 9 Senate members, for their actions and leadership on a wide variety of legislative issues of importance to cities across our state. The enclosed letter describes the specific reasons your legislator was chosen for this recognition. A copy of this letter, and printed certificate, was sent to your legislator last Thursday. Please share this recognition with your city council and the public at your next council meeting. We also encourage you to share this information with your local newspaper. Publicly acknowledging legislators for their support of city-friendly legislation helps to continue strengthening the partnership between state and local government officials in Minnesota. lf you have any questions, please feel free to contact Ted Bengtson, IGR Coordinator at the League of Minnesota Cities at tbenfison@lmc.org, (651) 281-1242, or toll-free at 8OO-925-1L22. To read the complete list of all 18 legislators who received this designation, see the Cities Bulletin article online at www.lmc.orgllod. Thank you, in advance, for your consideration and your support of the League's Legislators of Distinction recognition program. Enclosure 145 University Avenue West St. Paul, Minnesota 55103 PH: (651) 281-l2OO T F: (8OO) 925-1122 Fx: (651) 281-1299 www.lmc.org362 L cg LEAGUE M IN N ESOTA ctTrEs July 21,2022 The Honorable Julia Coleman 2101 Minnesota Senate Bldg. 95 University Avenue W. St. Paul, MN 55155 Dear Senator Coleman On behalf of our 837 member cities, I want to thank you for your efforts this past legislative session and to recognize you as a League of Minnesota Cities Legislator of Distinction for 2022 League staff and member city officials appreciate your accessibility and your consultation with us on legislation impacting cities. Specifically, the League appreciates you authoring the Open Meeting Law bill that would have allowed for greater remote participation by elected officials. Given the change in the times and technology - while maintaining openness and transparency to the public - changes like this would be beneficial. Thank you for listening to the League's concerns over modifying the membership of the Local Road Improvement Program Advisory Committee and amending it accordingly. Our members know that in order to be successful in serving our common constituents, state and city officials must work together as partners to reach solutions that meet the unique needs of rural, suburban, and urban communities all across Minnesota. City leaders also understand that without the support of legislative leaders like you, this state-local partnership would not be possible. To acknowledge your contributions last session, Mayors of each city in your legislative district will receive notification of your recognition. A press release will also be issued to rnedia in your area. City officials and League staff look forward to continuing to work with you in the future. Sincerely, (rur+4,5r^t- Ron Johnson Councilmember, City of Bemidji President, League of Minnesota Cities 145 University Avenue West St, Paul, Minnesota 551O3 PH: (651) 281-12OO r F: (8OO) 925-1122 FX: (651) 281-1299 www.lmc.org363