02-27-2023 Agenda and PacketA.5:00 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 Commission Interviews
A.2 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 February 13, 2023
D.2 Receive Environmental Commission Minutes dated January 11, 2023
D.3 Receive Economic Development Commission Minutes dated January 10, 2023
D.4 Receive Commission on Aging Minutes dated December 16, 2022
D.5 Approve Claims Paid February 27, 2023
D.6 Approve an Encroachment Agreement between City of Chanhassen and Grant and Julie
Johnson
AGENDA
CHANHASSEN CITY COUNCIL
MONDAY, FEBRUARY 27, 2023
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
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D.7 Authorize Replacement of Civil Defense Siren Control Equipment for Four Emergency
Sirens
D.8 Approve Software and Services Purchase Agreement for BS&A Cloud Upgrade
D.9 Resolution 2023-XX: Approve Design Contract Related to the 2023 Trail 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).
E.1 Ladd Conrad - Rotary Club of Chanhassen
F.PUBLIC HEARINGS
G.GENERAL BUSINESS
G.1 Resolution 2023-XX: Approve Professional Services Contract for the Market Boulevard
Reconstruction Project
H.COUNCIL PRESENTATIONS
I.ADMINISTRATIVE PRESENTATIONS
J.CORRESPONDENCE DISCUSSION
K.ADJOURNMENT
GUIDELINES FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the
Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.
That opportunity is provided at every regular City Council meeting during Visitor Presentations.
Anyone seeking a response or action from the City Council following their presentation is
required to complete and submit a Citizen Action Request Form. An online form is available at
https://www.chanhassenmn.gov/action or paper forms are available in the city council chambers
prior to the meeting.
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.
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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.
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City Council Item
February 27, 2023
Item Commission Interviews
File No.Item No: A.1
Agenda Section 5:00 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 will interview applicants in groups according to their first commission choice as
follows:
5:00pm - Planning Commission
Eric Noyes*
Steve Jobe
Ed Mysliveck
5:30pm - Economic Development Commission
Billy Cripe
Scott Pharis
Eric Anderson*
Jim Peck* (Park & Recreation Commission)
6:30pm - Commission on Aging
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Ruth Slivken
Elizabeth Mason
*Current commissioner
Rob Swanson, the final Park & Recreation Commission applicant, will interview with the City Council
at their March 13 Work Session at 5:00 p.m.
The Environmental Commission did not have any applicants except for incumbent Leslie Elhadi. It has
been predetermined that she will be reappointed and does not need to attend an interview session.
BACKGROUND
Planning Commission
Two 3-year positions
The terms of Commissioners Eric Noyes and Mark von Oven are expiring.
Mark von Oven was elected to serve on the City Council and Eric Noyes has
applied for reappointment.
Three (3) first choice and three (3) second choice applications have been
received.
Park & Recreation Commission
Three 3-year
positions
The terms of Commissioners Scott Fischer, Jim Peck, and Karl Tsuchiya are
expiring. Jim Peck has applied for reappointment.
Two (2) first choice applications have been received. One (1) second choice
application has been received.
Commission on Aging
Two 3-year
and
Two 1-year positions*
The terms of Commissioners Jerry Cerchia and Linda Haight are expiring.
Commissioner Dorina Tipton resigned on June 15, 2022 and Commissioner
Susan Kibler will resign as of March 31, 2022. These two resignations leave
two 1-year positions available.
One (1) first choice application has been received. One (1) second choice
application has been received.
*The Senior Commission bylaws allow for the appointment or 7 or 8
commissioners.
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Economic Development Commission
One 3-year
position
Commissioner Eric Anderson's term is expiring and he has applied for
reappointment. Commissioner David Kressler resigned November 30, 2022.
City Council applicant Luke Bame was appointed to the Economic
Development Commission on February 13, 2023 for a term ending March
30, 2026.
Four (4) first choice applications have been received. Two (2) second choice
applications have been received.
Environmental Commission
Three 3-year
positions
The terms of Commissioners Julia Adams, Markus Fischer, and Leslie
Elhadi are expiring. Commissioner Leslie Elhadi has applied for
reappointment.
One (1) first choice application has been received and one (1) second choice
application has been received.
Incumbent Information
Incumbent Commission Terms Served 2022 Attendance
Eric Noyes Planning 1 92%
Jim Peck Park & Recreation 1 80%
Eric Anderson Economic Development 1 70%
Leslie Elhadi Environmental 1 100%
DISCUSSION
On March 13, 2023, the City Council will interview the remaining applicants followed by discussion of
commission appointments at their Work Session starting at 5:00 p.m. Appointments will be made
during the regular City Council meeting under the General Business portion of the agenda.
BUDGET
N/A
RECOMMENDATION
ATTACHMENTS
Interview Questions
Interview Scoring Sheet
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COMMISSION INTERVIEW QUESTIONS
1. Briefly introduce yourself and your background to us.
2. What are you most interested in accomplishing through your role on a city commission?
3. Why did you choose to live in Chanhassen? What keeps you here?
4. What do you believe are the biggest concerns of your neighbors?
Tell us about the experiences that you have had serving in similar volunteer roles.
5. Do you understand the time commitments it takes to be a member of the Commission,
and are you comfortable with that?
6. Which commissions are you interested in serving on if you are not appointed to your first
choice?
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2023 COMMISSION INTERVIEW NOTES & SCORING
Commission Candidate Rank
Planning Eric Noyes
Planning Steve Jobe
Planning Ed Mysliveck
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2023 COMMISSION INTERVIEW NOTES & SCORING
Commission Candidate Rank
Economic
Development
Billy Cripe
Economic
Development
Scott Pharis
Economic
Development
Eric Anderson
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2023 COMMISSION INTERVIEW NOTES & SCORING
Commission Candidate Rank
Park & Rec Jim Peck
Park & Rec Rob Swanson
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2023 COMMISSION INTERVIEW NOTES & SCORING
Commission Candidate Rank
Aging Ruth Slivken
Aging Elizabeth Mason
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City Council Item
February 27, 2023
Item Future Work Session Schedule
File No.Item No: A.2
Agenda Section 5:00 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:
March 13, 2023
Commission Interviews
Discuss Commission Applications
March 20, 2023
Avienda Recreational Facility Update
City Council Roundtable
City Manager Performance ReviewApril 10, 2023
Strategic Plan Check-In
April 24, 2023
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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
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City Council Item
February 27, 2023
Item Approve City Council Minutes dated February 13, 2023
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 February 13, 2023."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
City Council Work Session Meeting Minutes dated February 13, 2023
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City Council Regular Meeting Minutes dated February 13, 2023
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CHANHASSEN CITY COUNCIL
WORK SESSION
MINUTES
FEBRUARY 13, 2023
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilman von Oven,
and Councilman Kimber.
COUNCIL MEMBERS ABSENT: Councilwoman Schubert.
STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Kelly
Grinnell, Finance Director; Jerry Ruegemer, Park & Recreation Director; Sam DiMaggio, Economic
Development Manager; Rick Rice, IT Manager; Ari Lyksett, Communications Manager; and Kim
Meuwissen, City Clerk.
PUBLIC PRESENT:
Mark Nordland, Level 7 Development (via Teams)
Bryan Harjes, HKGi
Bill Maloney, 7211 Frontier Trail
Mayor Ryan called the Work Session to order at 5:30 p.m.
AVIENDA RECREATIONAL FACILITY DISCUSSION
Mark Nordland of Level 7 Development presented an update to the proposed Avienda recreational
facility including cost estimates. The architectural team is reworking the plan to include two sheets of
ice, with bleachers on both sides of one of the sheets, and on one side for the other sheet, with potential
to add a third sheet in the future. A field house is also proposed with a hockey academy to be located in
the mezzanine and a restaurant to be located in the front. A walking track is being designed to traverse
throughout the entire facility. The hockey rinks will include a lobby area and concessions. Underground
parking is proposed to be eliminated. The space for the proposed third sheet of ice will initially be used
as field space, but not for an outdoor ice rink.
Council discussed the design of the field house and the proposed hockey academy, and the initial use of
the space for the proposed third sheet of ice. Mr. Nordland stated that space could be used as field space
but that an outdoor ice rink would not be feasible.
CIVIC CAMPUS UPDATE
Bryan Harjes from HKGi presented an update to the Civic Campus proposal after receiving comments
from the council at their previous work session. He presented a preferred concept as well as a high-level
estimate of the costs. The preferred concept relocates city hall and the senior center to the southeast
corner of the site. The library and veterans memorial would remain in place and the veterans memorial
would include a plaza area for ceremonies with a water feature nearby. In the center of the site, a
performance area is proposed that could double as an ice rink in the winter, as well as a four-season
rental building which includes restrooms and concessions, an accessible playground, and a splash pad.
The existing entrance off of Kerber Boulevard and the surface and structure parking would remain. On
the north side of the site an upper park/open space is proposed as well as the skate park and pickleball
courts to replace the existing hockey rink. A preliminary cost breakdown was presented totaling
$32,772,300.
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Next steps would be to finalize the preferred concept direction, procurement of a construction manager
and design team, design process, construction start, and project completion.
Council discussed site elevations, the use of the rental/restroom/concession building to the west of the
performance area, the location of the playground as it relates to the performance area, and where the
farmer’s market tents and food trucks could be located.
FUTURE WORK SESSION SCHEDULE
Date Items
February 27 Commission Interviews
March 13 Commission Interviews
Discuss Commission Applicants
March 20 City Council Roundtable
City Manager Performance Review
The work session adjourned at 6:50 p.m.
Submitted by Laurie Hokkanen
City Manager
Prepared by Kim Meuwissen
City Clerk
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CHANHASSEN CITY COUNCIL
REGULAR MEETING
MINUTES
FEBRUARY 13, 2023
Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge
of Allegiance led by Boy Scout Troop 337.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilman von
Oven, and Councilman Kimber.
COUNCIL MEMBERS ABSENT:Councilwoman Schubert.
STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager;
Kelly Grinnell, Finance Director; Charlie Howley, Director of Public Works/City Engineer;
George Bender, Assistant City Engineer; James Monge, City Attorney; Jerry Ruegemer, Park
and Recreation Direction; Ari Lyksett, Communications Manager; Sharmeen Al-Jaff, Senior
Planner; and Kim Meuwissen, City Clerk.
PUBLIC PRESENT:
Boy Scout Troop 337
Curtis Lindahl 7264 Bent Bow Trail
Anya Chase 8425 Mission Hills Lane
Carrie Christensen 8681 Alisa Lane
Mike Menzel 6490 Bretton Way
Matthew Hoffman 931 Saddlebrook Trail
Karen Engberg 910 Saddlebrook Curve
Leslie Erickson 1831 Sunridge Court
John Spiess 6610 Arlington Court
Anders Jensen 1550 Bluebill Trail
Jessica Hemrick 980 Saddlebrook Curve
Tyler Schmidt 6699 Mulberry Circle
CONSENT AGENDA
Mayor Ryan asked to remove Item 20 from the Consent Agenda to Item 2 under General
Discussion so that Ms. Hokkanen can provide an update to the public.
Councilman McDonald moved, Councilman Kimber seconded that the City Council
approve Consent Agenda items 1 through 19 pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated January 23, 2023
2. Receive Park & Recreation Commission Minutes dated December 13, 2022
3. Approve Claims Paid February 13, 2023
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City Council Minutes – February 13, 2023
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4. Consider a Request for Approval for a Final Plat, Conservation Easement, Development
Contract, and Construction Plans for Fox Ridge Estates
5. Approve Request to Extend Variance 2021-25 for 3703 South Cedar Drive
6. Approve Purchase, Park Equipment Replacement Schedule for South Lotus Lake Park and
Sugarbush Park
7. Approve the Annual Renewal of Laserfiche Software License and Support Software
8. Appoint Luke Bame to the Economic Development Commission
9. Appoint Councilmember Josh Kimber to the SouthWest Transit Commission
10. Approve an Encroachment Agreement between the City of Chanhassen and Brian and Elise
Bruner
11. Approve Financial Management Policies
12. Approve Infosend Proposal and Professional Services Agreement for Utility Billing Print and
Mail Service
13. Approve Officer Change for Kwik Trip, Inc. as it Relates to the Off-sale 3.2 Malt Liquor
Licenses for their Chanhassen Stores located at 2201 West 78th Street and 8921 Crossroads
Boulevard
14.Resolution 2023-13:Approve Application of the Chanhassen American Legion Post 580 to
Conduct Off-Premise Lawful Gambling at Hackamore Brewing Company
15.Resolution 2023-14:Approve Agreement with MnDOT and Twin Cities & Western
Railroad Concerning Rail Signal Replacement at Great Plains Boulevard
16.Resolution 2023-15:Approval to enter into a I/I Grant Agreement with the Metropolitan
Council Environmental Services (MCES)
17.Resolution 2023-16:Approve 2023 Enterprise Fund Budgets and 2023-2027 Enterprise
Fund Capital Improvement Plan
18.Resolution 2023-17:Amend 2023 Cemetery Fund Budget
19.Resolution 2023-18:Designating Official Depositories for City Funds
20.Resolution 2023-XX: Authorize Abatement of Emerald Ash Borer Nuisance on Property
Located at 951 West 78th Street -This item was removed from Consent Agenda and moved
to General Business.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS.
Curtis Lindahl of Troop 337, chartered by the Victoria Lions, thanked the Council for allowing
the Troop to be present and noted they are participating in the Citizenship in the Community
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merit badge to learn more about how city government works. He shared about the Christmas tree
pickup they do every year.
PUBLIC HEARINGS
1. Resolution 2023-20: Conduct Public Improvement Hearing and Authorize Preparation
of Plans and Specifications for the 2023 City Pavement Rehabilitation Project No. 23-01
Assistant City Engineer Bender gave a presentation on the project noting it is five miles of street
rehabilitation by full depth reclamation. He shared about the project including water mains, curb
stop valves, upgrades to inflow and infiltration for the sanitary sewer system, adding sump
manholes, updating bolts in the valves, and pond maintenance. Mr. Bender noted public
engagement included the 5-year Capital Improvement Map on the City webpage, a separate
project webpage for the project, a mailing sent to all assessable properties, a postcard/invitation
for the open house on February 1, 2023 with about 30 attendees with five comment cards
received, and a notification letter about tonight’s public hearing. He shared about feedback
received and recommendations including a Devonshire Drive sidewalk connection and Creek
Run Trail center island removal. Mr. Bender spoke about the project funding, the city’s
assessment policy, franchise fees, and utility-related costs, as well as the proposed project
schedule in 2023 and 2024.
Councilman Kimber asked for a summary of the comment cards received at the open house.
Mr. Bender replied that notification was a theme from phone calls and comments received and
the city is looking at improving that, as well as the way streets are funded in the city, and other
comments were in regards to residents not wanting the sidewalk. He noted another theme was on
retaining the center island foliage.
Mayor Ryan asked for clarification on the project at Bramble and Ches Mar and the cost.
Mr. Bender shared originally it was flagged as a mill and overlay but after further investigation
into the roadway profile the road will not have the longevity that they would like it to have.
Public Works Director/City Engineer Howley explained the city could continue to pothole patch
the road but staff felt they owed it to the residents of Chanhassen to do something, noting they
did want engagement from the public. The city heard from the residents that the pavement was
not in good condition and that they wanted the city to do something. Staff really wanted to
address the five areas and not ignore them which is why they are being addressed at this time.
Councilman McDonald asked if at some point in the future sewer could be added to those areas.
Mr. Bender replied more so in the Bramble area.
Councilman McDonald asked why the city couldn’t put those sewers in now and have them for a
hook up.
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Mr. Howley noted that is an approach the City could do; however, it would now be a full
reconstruction because now they will need to add water main sewer, storm sewer, all new
pavement, all new curb, stormwater best management practices, etc. He shared they would now
be assessing 100% for water and sewer so those assessments become very big. The city must
look at what needs to happen before the hook up can occur such as a lift station on the east side
of Powers Boulevard, then getting from the area to the lift station. Mr. Howley clarified many
big, expensive things would need to happen and that is why it is a balancing act.
Councilman McDonald asked about the feedback from residents noting if it happens in the next
ten years they just paid twice for the pavement.
Mr. Bender shared that 10 years seems on the optimistic side for getting sewer hooked up, it will
be spurred by development, and this neighborhood may not even petition to connect when it
becomes available. He thinks it may be more in the 15-year time range and the full depth
reclamation should last within 15-20 years. He noted the message from the public was that
something needed to be done about the road at this point.
Mayor Ryan opened the public hearing.
Anya Chase asked how assessments are collected and asked if there is an email signup to receive
digital notifications because she did not receive the notification in the mail.
Carrie Christensen had several questions, comments, and concerns. She noted she lives on a
relatively new road in the development which was built in 1994 and Mr. Bender has provided
many pavement reports. She is still confused as to why that road and Alisa Court was slated for
full reclamation as opposed to mill and overlay which would be able to maintain the road.
According to Mr. Bender the average road is expected to be 40-50 years and now they are saying
the reclamation will last 20 years. She spoke about two other areas receiving mill and overlay
and stated she is curious about the five-year plan. If Lake Susan HillsWest was included in that
plan, Ms. Christensen asked when the residents were notified that they were coming up in that
plan? Why weren’t neighbors notified 2-4 years ago that they are coming up in the plan? She
received a packet about the hearing tonight but did not receive anything on the open house and
she had to find it online. Ms. Christensen said it is a little frustrating as it was not a full-fledged
mailing.
Leslie Erickson, 1831 Sunridge Court, asked if her neighborhood is still included in the plan?
Mr. Bender shared that neighborhood is coming up in the next public hearing tonight.
Matthew Hoffman, 931 Saddlebrook Trail, shared they have the original street which has
degraded some. He spoke to Mr. Bender today about processes and he is not opposed to the
project. His concern is that he received a mailer dated January 13 but due to the postal service it
came around January 20. Mr. Hoffman was already committed to be out of town for the open
house and could not attend. He is pretty disappointed in the communication process and agreed
with Ms. Christensen that the five-year plan is news to him. He reiterated that communication is
pretty poor and it is a big concern.
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Mike Menzel, 6490 Bretton Way, noted it sounds like this has been a policy and procedure for
many years and has always been a 60/40 split on reclamation projects. He would like to make
sure this has occurred in the past and these residents are not the first on the block to fund these
types of road projects through assessments.
Karen Engberg, 910 Saddlebrook Curve, spoke about her street and noted that is it a through-
way to Powers Boulevard. She asked if the City is putting all charges on them or if there is a pro-
ration as it is a through street.
Jessica Hemrick shared that she and her eight-year-old have some ideas on how to make the
street safer. She noted she and some neighbors were here in 2015 for the traffic study and the
concern at the time was that it was a cut-through. The study found a higher-than-average
threshold of vehicles cutting through which has led to more and more concern when getting mail
from the mailbox or walking the kids across the street to the bus stop. She shared there has been
some documentation since 2015 and if the city would like to have a conversation about some of
their ideas, Ms. Hemrick is happy to share them.
Anders Jensen noted the cost estimate differs from the assessment numbers he saw and asked if
anything has changed since the January 13 mailer. He asked if the bolts for some of the sewers
(shared during the presentation) were not changed to stainless steel, what is the life expectancy
of those underground materials? He asked if they are really critical and need to be changed over.
He spoke with his neighbors and no one has really complained about the roads and road
condition on Bluebill Trail and wonders how often people have been complaining that the city
felt it needed to happen in his neighborhood.
John Spiess has been living in his home since 1988 and has seen so many roads being improved
over time and people constantly walk on Pleasant View with no sidewalks. The speed limit is
25mph and wonders about a lower speed limit. He does not know how many people have been
killed on Pleasant View but he does not think anyone has been killed on Devonshire yet. Mr.
Spiess said it has been really great, after living here all these years, to see that when the roads
were built it was three feet of gravel with the pavement on top, especially with the Chanhassen
clay that expands and contracts. When he hears 50 years for streets, Mr. Spiess noted he has only
been here for 34 years and asked if they can just overlay the roads some more and let them go to
50 years?
Tyler Schmidt, 6699 Mulberry Circle, noted the assessments have been done since 1994 and
asked what the precedent was to move it to an assessment back then. He also asked what other
cities in Minnesota and outside of Minnesota do assessments versus funding roads via taxes and
tabs.
Mayor Ryan closed the public hearing.
Mayor Ryan asked Finance Director Grinnell to share about franchise fees to answer some of the
questions from residents.
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Finance Director Grinnell explained that for the special assessments process, there is a timing for
the city to send notification. Assuming that assessments are adopted in April/May, residents
would have 90 days from adoption of the resolution to pay off that special assessment without
incurring any additional interest. The other option is to wait until the end of the year and one
would have interest to pay from the day of assessment until the end of the year. The final option
would be to have the assessment put on one’s property taxes. The interest rate the city charges is
based on 2% above the bonding rate; her best guess is roughly 4-5% bond rate or 6-7% interest
rate on the assessment.
Mayor Ryan shared about the history of assessments and shared some cities have assessments
and others have it as part of their levy. In 2017 or 2018 the City Council considered getting rid of
the assessment and putting it on the levy which was over a year-long conversation. For as many
people who thought it should be put on the levy, many more were still paying for assessments
from the past. In talking about the city portion, assessment, and utility fees, the council
understands it is all coming from residents as taxpayers. At that time the city council decided not
to get rid of assessments and had multiple listening sessions and public hearings about the
matter. One year later, a constant complaint from residents was that they live in a top-tier city
and their roads were falling apart and that it was time for the city to start investing in
infrastructure. Mayor Ryan noted the city had no way to pay for the deterioration of the roads as
they were all coming due at the same time as the city was built. At that time the city council
decided a franchise fee would be implemented to help pay for roads and upkeep. In 2019 the city
approved the franchise fee. Mayor Ryan shared that every city does something different but this
is what Chanhassen has implemented over the last five years in implementing a franchise fee and
continuing the assessment practice.
Councilman McDonald noted the city looked at it over two years and came up with lots of
options to find what was most fair. He noted every city is different with some cities assessing
100% of roads to the residents and other cities building the money into their tax structure. He
clarified after the two years the fairest system to everyone is the current system in Chanhassen,
although he was in favor of getting off assessments. In two years, it always came back to how
does the city treat people who have already paid assessments for up to 20 years? That was the
stumbling block that the city could not get past in history. He noted the franchise fee came into
being to help pay for the infrastructure of roads built in the 1980s.
Mayor Ryan spoke about communication and apologized that the city failed; she noted in the
past the conversation around communication was to put something online when a project came
due, and for people to be able to get in touch with the contractor, and to communicate better
regarding closures due to construction. Mayor Ryan stated looking forward the city can do better
and they will do better.
Mr. Bender shared about Alisa Lane and showed a slide on screen detailing the options regarding
mill and overlay, utility improvements, Americans with Disabilities Act (ADA) improvements,
and shared about warranty and legal issues in trying to adjust the project. He also clarified that
when talking about a road section being able to last 40-50 years, they are talking about the life
cycle. It is not the period between rehabilitations, it is that the city will do the right treatment at
the right time, with benefit-cost analysis. He spoke timing from when the original road section is
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built until they must come in and do the most expensive treatment which is a reconstruction; that
is where the timeline comes in. He also noted standards for roads have improved and changed
since the 1980s.
Mayor Ryan asked for clarification regarding “cut-through streets” and speed limits.
Mr. Bender encourages people to go to the city’s website and look at the project page and
assessment policy. He noted the city does not pro-rate roads based on traffic volumes. The
assessment policy is written from a fairness perspective; for example, a corner lot will not
receive two assessments. One is assessed based upon where their driveway is located and
everyone, through the normal rehabilitation schedule, will receive an assessment specific to their
neighborhood area. Some areas will be higher than others, with higher volumes than other roads,
and Mr. Bender noted those roads are designed to carry that volume.
Mr. Howley shared about the Traffic Safety Committee noting they look at cases and concerns
from residents and discuss monthly. Sometimes action is involved and other times it is
educational. He noted in this case, with communications from 2015, the city will look into the
concerns raised by a resident regarding safety and the data collected at the time. He shared about
speed limits, design, and road mitigation strategies that can help with speeds.
Mayor Ryan asked for clarification regarding the bolt material underground.
Mr. Howley noted the bolts are in the water main system on a valve and the city knows through
experience when a valve blows up and a crew needs to dig it up to fix, it is mostly due to the
bolts corroding. He clarified the city is being proactive so they do not have emergencies which
cause shutdowns. Chanhassen has bad soils that react to the old metallic systems underground
and experience tells them the bolts are corroding and they want to get out in front of the
situation. He shared that the bolt work is water main work and not part of the assessment.
Mr. Bender noted the city spends a lot more money on an emergency dig when one of those
valves goes on one individual repair than on a project such as this one. He shared that it makes
financial sense to do it now.
Mayor Ryan asked for explanation on how the city evaluates roads and rates them.
Mr. Howley said a consultant reviews one-third of the city every year to measure an Overall
Condition Index (OCI) from 0-100. Every year the city looks at the Capital Improvement Plan
and which roads should be done and whether things still make sense. They base it on “right
treatment, right time” and explained how the city uses data, feedback, and the money available to
spend on the projects.
Councilman McDonald moved, Councilman von Oven seconded that the City Council
adopt a resolution ordering the improvements and authorizes preparation of plans and
specifications for the 2023 City Pavement Rehabilitation Project No. 23-01. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
24
City Council Minutes – February 13, 2023
8
2. Resolution 2023-21: Conduct Improvement Hearing and Authorize Preparation of
Plans and Specifications for 2023 City Mill & Overlay Project No. 23-04
Assistant City Engineer Bender gave a presentation on the item noting after the areas discussed
in the previous project had been moved, there are three areas left as noted in this project. He
shared about neighborhood meetings in early January. He spoke about the pavement
management program fund, assessment policy, estimated budget, and cost summary. Staff
recommends proceeding with the project and moving into final design phase and preparing plans
and specifications.
Mayor Ryan opened the public hearing.
Leslie Erickson noted her street was $48,000 and asked the city to explain the mill and overlay
process.
Mr. Bender replied a machine comes into take off a portion of existing bituminous between 3.5
to 4 inches and would then be repaved.
Carrie Christensen asked when the residents were notified of the five-year plan regarding the
Lake Susan Hills project. She is not arguing the assessment but she does want to use her money
wisely and for everyone else’s benefit, she asked when the city is notifying so people can start
budgeting for their assessments.
Mayor Ryan noted the notification would have gone out in January; historically the city sends
communication around the first of the year when they know what road projects are coming for
that year. She stated they are changing that practice to be sure people have the opportunity to
budget. She explained the five-year plan is on the city’s website. Mayor Ryan noted it is the
city’s responsibility to improve the process. She apologized again and said the feedback received
is how the city does better and improves in the future.
Mayor Ryan closed the public hearing.
Councilman von Oven shared that he had asked about Pleasant View Road and went looking for
the plan; he was surprised that it is all out there in front of residents. During new hire orientation
the previous week, Mr. von Oven’s questions were many of the same questions the residents had
tonight. He noted they can bet there is another person on the city council committed to revise the
way the city notifies people in advance so they can plan for them.
Councilman von Oven moved, Councilman Kimber seconded that the Chanhassen City
Council adopts a resolution ordering the improvements and authorizes preparations of
plans and specifications for the 2023 City Mill And Overlay Project No. 23-04. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
25
City Council Minutes – February 13, 2023
9
GENERAL BUSINESS
1. Approve an Encroachment Agreement between the City of Chanhassen and ATT
SHOPS, LLC (Chick-fil-A)
Mr. Howley gave a presentation on the encroachment agreement noting that Chick-fil-A is
expanding their drive-through to two lanes. He shared about an existing drainage and utility
easement and the encroachment agreement clarifies that those improvements are on the property
owner to take care of.
Councilman Kimber moved, Councilman von Oven seconded that the Chanhassen City
Council approves an encroachment agreement allowing the property owner of 445 West
79th Street to construct improvements on the property that will encroach into a public
drainage and utility easement. All voted in favor and the motion carried unanimously with
a vote of 4 to 0.
2. Resolution 2023-19:Authorize Abatement of Emerald Ash Borer (EAB) Nuisance on
Property Located at 951 West 78th Street
City Manager Hokkanen explained the city’s policy which is to do inspections and remove trees
that need to be removed. EAB affects a tree’s structural integrity and makes the tree present a
danger to people near the tree if it comes down. She shared about two sections of city code that
allow the removal of infected trees. She noted the property owner is aware of the need for the
trees to come down and they are making a plan for the removal of the trees. Ms. Hokkanen
shared the city will need to get an administrative search warrant before going on a private
property if the right-of-entry form is not signed.
Councilman McDonald moved, Councilman Kimber seconded that the Chanhassen City
Council authorizes abatement of the Emerald Ash Borer nuisance on property located at
951 West 78th Street. All voted in favor and the motion carried unanimously with a vote of
4 to 0.
COUNCIL PRESENTATIONS
Councilman Kimber thanked city staff for the training a few weeks earlier which was very
informative and he learned a lot.
ADMINISTRATIVE PRESENTATIONS: None.
CORRESPONDENCE DISCUSSION
1. 2023 Building Permit Activity
2. Letter from Kennedy & Graven dated January 30, 2023: 2023 First Half Suburban
Rate Authority Assessment
26
City Council Minutes – February 13, 2023
10
Councilman McDonald moved, Councilman von Oven 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 9:14 p.m.
Submitted by Laurie Hokkanen
City Manager
Prepared by Kim Meuwissen
City Clerk
27
City Council Item
February 27, 2023
Item Receive Environmental Commission Minutes dated January 11, 2023
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 Environmental Commission Minutes dated January 11,
2023."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
28
Environmental Commission Minutes dated January 11, 2023
29
1
Chanhassen Environmental Commission (EC)
Chanhassen City Hall, Fountain Conference Room
6:00 pm
January 11, 2023
Members Present: Kristin Fulkerson, Leslie Elhadi, Scot Lacek, Julia Adams, Scott Grefe, Greg
Hawks, Kaisa Buckholz
Members Absent: Markus Fischer
Staff Present: Matt Unmacht, Assistant City Manager
Visitors: none
Minutes: December minutes were approved.
Introduction of Matt Unmacht
Matt Unmacht and Commissioners present introduced themselves.
Update on Environmental Academy
The commission discussed if they needed to approve the sessions that they had in place and Matt
Unmacht said the commission needed to put some caps in place for attendees. The Tour of Carver
County Environmental Center would be capped at 20 people.
Aug. – tour of West Water Treatment Plant
Sept. – tour of Carver County Environmental Center
Oct. – Forestry workshop on current diseases and pests of trees
Select an Arbor Day Poster Theme
The commission discussed and decided on “Trees are Terrific and Help Us Breathe”
Brainstorm possible public/youth service event for 2023
Ideas were suggested for a possible service event:
- Buckthorn removal
- Planting Event
- Invasive species removal
- Pollinator Habitat (seed bombs) – could be a 2-day event make the seed bomb one day, disburse
another day
- Craft making event
This item will appear on next month’s agenda to discuss again.
30
2
Trivia Night Event – Final Planning
Questions were assigned points for Trivia night. Commissioners will arrive at 6 pm and Commissioner
Fulkerson has prizes to hand out to winners. Commission would like a photographer at the event to
document. Dave Ryan will be the MC for Trivia. Trivia night is on Tuesday, February 7, 7p.m., at the
Chanhassen Brewery.
Commission Presentations
Matt Unmacht gave an update about Carbon Solutions Group – Electric Vehicle (EV) Charging Station
design company installing charging stations in Chanhassen.
Greg gave watershed updates.
Upcoming Items and Events
Commission discussed openings on Environmental Commission.
Meeting adjourned at 6:45 pm
Minutes prepared by Jenny Potter
31
City Council Item
February 27, 2023
Item Receive Economic Development Commission Minutes dated January 10, 2023
File No.Item No: D.3
Agenda Section CONSENT AGENDA
Prepared By Amy Weidman, Admin Support Specialist
Reviewed By
SUGGESTED ACTION
"The Chanhassen City Council receives Economic Development Commission Minutes dated January
10, 2023."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
32
Economic Development Commission Minutes dated January 10, 2023
33
CHANHASSEN ECONOMIC
DEVELOPMENT COMMISSION
REGULAR MEETING
JANUARY 10, 2023
Chairman Anderson called the meeting to order at 5:30 p.m.
MEMBERS PRESENT:Chair Eric Anderson, Commissioners Duke Zurek, Chris Freeman,
and Stacy Goff.
MEMBERS ABSENT:None.
STAFF PRESENT:Samantha DiMaggio, Economic Development Manager; Bob Generous,
Senior Planner.
PUBLIC PRESENT:None.
Member Freeman 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
DECEMBER 14, 2022
Member Goff moved, Member Zurek seconded to approve the Minutes of the Economic
Development Commission meeting dated December 14, 2022 as presented. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
1. DEED Presentation: Chanhassen Workforce Overview
Neal Young, Director of Economic Analysis at the Minnesota Department of Employment and
Economic Development, gave a presentation overview of the workforce in the City of
Chanhassen. He shared about demographics within Chanhassen including age, race, households
and housing, and other indicators. He contrasted the labor market overview and unemployment
statistics by City and by County, local cities where Chanhassen residents work, and where those
who work within Chanhassen live. Mr. Young shared the top six industries by employment
within Chanhassen including computer and electronic manufacturing, educational services,
food/drink services, merchant wholesalers, machinery manufacturing, and professional,
scientific, and technical services.
34
Economic Development Commission – January 10, 2023
2
The Commissioners and Mr. Young discussed workforce housing options for the many people
who travel to Chanhassen to work, labor force participation numbers, unemployment, and
telecommuting.
Economic Development Manager DiMaggio and the Commissioners discussed takeaways from
the presentation including larger household sizes and demographic ages, and trying to get people
to come back to Chanhassen after higher education and continuing to promote Chanhassen as a
Community for Life.
Member Zurek sees a need to attract people and the City needs to provide opportunities for those
people within Chanhassen.
Ms. DiMaggio would like to do some checking into entrepreneurship under 18 as she knows
some students who have started their own businesses such as sweet rolls and an ice cream truck.
A member of the public hopes Chanhassen can focus on workforce housing because of the
difficulty in keeping positions filled.
DISCUSSION/GENERAL BUSINESS ITEMS: None.
DIRECTOR’S REPORT:
Community Development Director DiMaggio noted a few commercial projects showing interest
within the City with an application for a coffee shop/co-working space coming in March. She
also had someone reach out about an event center and a restaurant. Ms. DiMaggio shared about
challenges on the site of Tono Pizzeria with the City asking for 10 more parking spaces and the
owner noting the high cost of adding those spaces. She will continue working with the owner.
Ms. DiMaggio stated the previous day the City sent 30 letters to manufacturers with a link to an
online survey. The following month a representative from the Community Development Agency
will be at the EDC meeting to talk with the Commissioners.
ADJOURNMENT:
Member Zurek moved, Member Freeman seconded to adjourn the meeting. All voted in
favor and the motion carried unanimously with a vote of 4 to 0. The Economic
Development Commission meeting was adjourned the meeting at 6:46 p.m.
Submitted by Samantha DiMaggio
Economic Development Manager
Prepared by Amy Weidman
Administrative Support Specialist
35
City Council Item
February 27, 2023
Item Receive Commission on Aging Minutes dated December 16, 2022
File No.Item No: D.4
Agenda Section CONSENT AGENDA
Prepared By Jenny Potter, Sr. Admin Support Specialist
Reviewed By
SUGGESTED ACTION
"The Chanhassen City Council receives the Commission on Aging Minutes dated December 16,
2022."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
36
Commission on Aging Minutes dated December 16, 2022
37
CHANHASSEN COMMISSION ON AGING MINUTES
December 16, 2022
MEMBERS PRESENT: Jerry Cerchia, Linda Haight, Jim Camarata, Kara Cassidy, Bhakti
Modi, Ruth Lunde.
MEMBERS ABSENT: Susan Kibler.
STAFF PRESENT: Sharmeen Al-Jaff, Mary Blazanin. Ari Lyksett, Jill Sinclair.
GUESTS PRESENT: Bill Maloney.
Approval of Agenda: Commissioner Lunde moved to approve the Agenda. Commissioner
Camarata seconded the motion. All voted in favor and the motion carried.
Commission ON AGING Minutes November 18, 2022: Commissioner Camarata moved to
approve the minutes. Commissioner Haight seconded the motion. All voted in favor and the
motion carried.
APPROVAL OF BYLAWS: Commissioner Haight moved to change the name of the Senior
commission to Commission on Aging. Commissioner Camarata seconded the motion. All voted
in favor and the motion carried.
COMMUNICVATION WITH THE AGING POPULTION – COMMISSION ON AGING
E-BULLETIN: Ari Lyksett presented a layout for the commission and the features of the
bulletin. The commission had positive comments and wanted the work to proceed.
EMERALD ASH BORER IMPACTS ON AGING PROPERTY OWNERS: Jill Sinclair
presented this topic to the commission. She educated the commission on the impact of EAB and
the financial cost associated with tree removal vs. treatment.
What is EAB?, EAB = Emerald Ash Borer, an Invasive insect First discovered in Detroit in
2002; Confirmed in Chanhassen in January 2021. It Kills all types of ash –green, black and white
Doesn’t kill mountain ash.
EAB life cycle and damage: Larva overwinter under bark and emerge in late May/early June as
adults. Adults lay eggs on ash bark (around July). Larvae hatch and burrow into phloem tissue
(mid-to late-July). Larvae feed on phloem creating permanent disruption of vascular tissue (late
July/early Aug –October). As larval populations grow, disconnection of vascular tissue increases
until tree dies (EAB may have a 1 or 2 year life cycle).
Signs of EAB include:
Woodpecker activity
Bark splitting
D-shaped exit holes
Symptoms of EAB
Crown dieback
38
Epicormics sprouting
Recommendation
Professionally treat trees: chemical protection lasts 2 years
Cheaper to treat a tree for 20 years than it is to remove and replace a tree 10” or larger
Treatments are effective and environmentally safe
Chemical treatments
Rainbow Treecareis city’s contractor for public ash tree treatments
City only employing trunk injection treatments –700+ trees in program
Pollinator safe insecticide
Environmentally safe application
City contractor provides discounted rate to residents to encourage protection ($7.25/in)
EAB infested ash –Removal required
Inspections occurring Nov.-Mar. by city staff (certified Tree Inspector)
Infested trees marked on public and private property for removal.
Only open grown trees.
Removals are necessary to slow spread and protect public safety:
Basal stump sprouts can create sight line obstructions.
Ash become very brittle within 8-12 months of death.Bark shed in sheets
Spontaneous limb shed
Shatter zone
In-tree worker safety
The Concerns
Treatments are cheaper and easier, but it’s easy to ignore the problem.
Removals are more expensive if the tree is infested. Hard on property owners with fixed
incomes.
Dead trees will be hazards.
Takeaway
Prevention is best
Easier
Cheaper
Preserves existing canopy
Help spread the word –EAB is here and all ash are in jeopardy
Treat your ash
Pre-emptively remove trees now
SELECTING 4TH OF JULY BINGO EVENT CHARITY: List of Charities that the
Commission on Aging has contributed funds for: 2012 Wounded Warrior, 2013 Wounded
Warrior, 2014 Wounded Warrior, 2015 Wounded Warrior, 2016 Pets Loyal 2 Vets, 2017 Project
Delta, 2018 Project Delta, 2019 Chaska Area Fishing With Friends, 2020 Canceled, 2021
Canceled, 2022 Project Delta.
The commission did not make a final decision.
ADJOURNMENT: Chairman Cerchia called for meeting adjournment. Commissioner
Camarata moved to adjourn; Commissioner Cassidy seconded the motion. All voted in favor and
the motion carried.
39
Prepared and submitted by Sharmeen Al-Jaff, Senior Planner
40
City Council Item
February 27, 2023
Item Approve Claims Paid February 27, 2023
File No.Item No: D.5
Agenda Section CONSENT AGENDA
Prepared By Danielle Washburn, Assistant Finance Director
Reviewed By Kelly Grinnell
SUGGESTED ACTION
"The Chanhassen City Council Approves Claims Paid dated February 27, 2023."
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 February 27, 2023:
Check Numbers Amounts
179209 - 179274 $786,024.77
ACH Payments $208,805.92
Total All Claims $994,830.69
41
BUDGET
RECOMMENDATION
ATTACHMENTS
Check Summary
Check Summary ACH
Check Detail
Check Detail ACH
42
Accounts Payable
User:
Printed:
dwashburn
2/17/2023 9:07 AM
Checks by Date - Summary by Check Number
Check No Check DateVendor NameVendor No Void Checks Check Amount
ALLSTR ALLSTREAM 02/09/2023 0.00 564.47179209
ARAMAR ARAMARK Refreshment Services, LLC 02/09/2023 0.00 883.39179210
BCATRA BCA 02/09/2023 0.00 33.25179211
CENENE CENTERPOINT ENERGY MINNEGASCO 02/09/2023 0.00 9,404.43179212
Cintas Cintas Corporation No. 2 02/09/2023 0.00 158.19179213
ComMin Compass Minerals America, Inc 02/09/2023 0.00 6,375.09179214
COTHOM Cotswold Homes LLC 02/09/2023 0.00 250.00179215
CROCOL CROWN COLLEGE 02/09/2023 0.00 742.00179216
DAKSUP DAKOTA SUPPLY GROUP 02/09/2023 0.00 3,900.00179217
Enterpr Enterprise FM Trust 02/09/2023 0.00 7,715.93179218
FACMOT FACTORY MOTOR PARTS COMPANY 02/09/2023 0.00 119.76179219
ferwat Ferguson Waterworks #2518 02/09/2023 0.00 7,748.00179220
GOGYMN Go Gymnastics 02/09/2023 0.00 1,897.50179221
HeaPar HealthPartners, Inc.02/09/2023 0.00 94,989.07179222
HenMich Michael Henry 02/09/2023 0.00 150.00179223
IndSig Indigo Signs 02/09/2023 0.00 607.85179224
Loc49 IUOE Local #49 02/09/2023 0.00 665.00179225
JoneDavi David Jones 02/09/2023 0.00 100.00179226
LAUPIA LAURSEN PIANO SERVICE 02/09/2023 0.00 120.00179227
LawPro Lawson Products, Inc.02/09/2023 0.00 41.80179228
LocGrin Lockridge Grindal Nauen P.L.L.P 02/09/2023 0.00 3,333.33179229
MetHol Metronet Holdings, LLC 02/09/2023 0.00 56.01179230
METCO2 METROPOLITAN COUNCIL 02/09/2023 0.00 209,343.98179231
MNSaf Minnesota Safety Council 02/09/2023 0.00 391.00179232
NCPERS MN NCPERS LIFE INSURANCE 02/09/2023 0.00 128.00179233
MSSA MSSA 02/09/2023 0.00 200.00179234
ParAll Parts Alliance South 02/09/2023 0.00 279.59179235
PILDRY PILGRIM DRY CLEANERS 02/09/2023 0.00 581.20179236
PinPes Pinnacle Pest Control 02/09/2023 0.00 182.06179237
PULPLU PULLTABS PLUS INC 02/09/2023 0.00 208.90179238
Raftel Raftelis 02/09/2023 0.00 25,735.00179239
RobHal Robert Half International, Inc.02/09/2023 0.00 238.55179240
ScaCon Scale and Control Inc 02/09/2023 0.00 4,035.00179241
SUBRAT SUBURBAN RATE AUTHORITY 02/09/2023 0.00 2,874.00179242
TayEle Taylor Electric Company, LLC 02/09/2023 0.00 13,604.00179243
TesTec Tessco Technologies 02/09/2023 0.00 219.01179244
TimSav TimeSaver Off Site Secretarial, Inc 02/09/2023 0.00 477.00179245
TruNort True North Controls 02/09/2023 0.00 6,646.00179246
TSGSer TSG Server & Storage, Inc 02/09/2023 0.00 2,880.00179247
WilMou Wild Mountain, Inc 02/09/2023 0.00 1,168.00179248
BCATRA BCA 02/16/2023 0.00 15.00179249
CENENE CENTERPOINT ENERGY MINNEGASCO 02/16/2023 0.00 7,937.28179250
CenLin CenturyLink 02/16/2023 0.00 64.00179251
RapCra Craig Rapp LLC 02/16/2023 0.00 3,000.00179252
DAKSUP DAKOTA SUPPLY GROUP 02/16/2023 0.00 1,921.09179253
EMPGRO EMPLOYEE GROUP FUND 02/16/2023 0.00 142.50179254
FitExc Fitzgerald Excavating & Trucking, Inc 02/16/2023 0.00 137,372.37179255
Page 1AP Checks by Date - Summary by Check Number (2/17/2023 9:07 AM)
43
Check No Check DateVendor NameVendor No Void Checks Check Amount
GREMEA GREEN MEADOWS INC 02/16/2023 0.00 2,770.00179256
HeriShad Heritage Shade Tree Consultants, Inc 02/16/2023 0.00 6,343.75179257
INDSCH INDEPENDENT SCHOOL DIST 112 02/16/2023 0.00 5,988.58179258
IowAme Iowa American Rescue 02/16/2023 0.00 3,150.00179259
KENFAR KENDALLVILLE FARMS 02/16/2023 0.00 1,200.00179260
MNHEAL MN DEPT OF HEALTH 02/16/2023 0.00 20,934.00179261
MNPOL MN Pollution Control Agency 02/16/2023 0.00 23.00179262
NOVSOL NOVEL SOLAR THREE, LLC 02/16/2023 0.00 2,596.01179263
ParAll Parts Alliance South 02/16/2023 0.00 247.88179264
PetCom Peterson Companies 02/16/2023 0.00 129,529.25179265
PulEle Pulse Electric 02/16/2023 0.00 1,109.00179266
Raftel Raftelis 02/16/2023 0.00 16,250.00179267
schcom Schwickert Company 02/16/2023 0.00 2,674.00179268
SEH SEH 02/16/2023 0.00 1,816.62179269
SHATRE Shadywood Tree Experts and Landscaping 02/16/2023 0.00 7,565.00179270
SignSys Signature Systems Group 02/16/2023 0.00 21,692.20179271
TheToo The Toonies, LLC 02/16/2023 0.00 425.00179272
WastMana Waste Management of Minnesota, Inc 02/16/2023 0.00 1,936.88179273
YounPaul Paul Young 02/16/2023 0.00 275.00179274
Report Total (66 checks): 786,024.77 0.00
Page 2AP Checks by Date - Summary by Check Number (2/17/2023 9:07 AM)
44
Accounts Payable
Checks by Date - Summary by Check
User: dwashburn
Printed: 2/17/2023 9:08 AM
Check No Vendor No Vendor Name Check Date Void Checks Check Amount
ACH AMEENG AMERICAN ENGINEERING TESTING 02/09/2023
0.00 1,056.00
ACH ANCTEC ANCOM COMMUNICATIONS 02/09/2023
0.00 286.00
ACH carcou Carver County 02/09/2023
0.00 1,025.00
ACH engwat Engel Water Testing Inc 02/09/2023
0.00 750.00
ACH GOPSTA GOPHER STATE ONE-CALL INC 02/09/2023
0.00 109.35
ACH H&LMES H & L Mesabi 02/09/2023
0.00 1,241.00
ACH HAWCHE HAWKINS CHEMICAL 02/09/2023
0.00 19,112.04
ACH INDLAN Indoor Landscapes Inc 02/09/2023
0.00 187.00
ACH InnOff Innovative Office Solutions LLC 02/09/2023
0.00 99.17
ACH JasEng Jasper Engineering & Equipment Co 02/09/2023
0.00 1,054.53
ACH AlHiJuli Juli Al-Hilwani 02/09/2023
0.00 75.00
ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 02/09/2023
0.00 2,700.35
ACH thekno Knox Company 02/09/2023
0.00 468.00
ACH MACEQU MACQUEEN EQUIPMENT 02/09/2023
0.00 3,410.55
ACH Marco Marco Inc 02/09/2023
0.00 1,010.00
ACH MatTri Matheson Tri-Gas, Inc. 02/09/2023
0.00 413.77
ACH MERACE MERLINS ACE HARDWARE 02/09/2023
0.00 156.98
ACH MVEC MN VALLEY ELECTRIC COOP 02/09/2023
0.00 7,920.29
ACH NAPA NAPA AUTO & TRUCK PARTS 02/09/2023
0.00 271.36
ACH NusEqu Nuss Truck & Equipment 02/09/2023
0.00 3,298.13
ACH PREMRM PRECISE MRM LLC 02/09/2023
0.00 273.00
ACH SafFas Safe-Fast, Inc. 02/09/2023
0.00 618.50
ACH SunLif Sun Life Financial 02/09/2023
0.00 3,504.10
ACH Uhlcom UHL Company Inc 02/09/2023
0.00 991.75
ACH UltEve Ultimate Events, Inc 02/09/2023
0.00 376.50
ACH VALPAV VALLEY PAVING INC 02/09/2023
0.00 20,550.52
ACH XCEL XCEL ENERGY INC 02/09/2023
0.00 36,032.39
ACH 3RDLAI 3RD LAIR SKATEPARK 02/16/2023
0.00 750.00
ACH AdvEng Advanced Engineering & Environmental Services, LLC 02/16/2023
0.00 1,227.50
ACH BOLMEN BOLTON & MENK INC 02/16/2023
0.00 1,500.00
ACH CAMKNU CAMPBELL KNUTSON 02/16/2023
0.00 15,852.72
ACH carcou Carver County 02/16/2023
0.00 30,606.38
ACH CCPNIM CCP NI MASTER TENANT 4 LLC 02/16/2023
0.00 1,544.11
ACH CRYINF Crystal Infosystems LLC 02/16/2023
0.00 262.00
ACH GSDIR GS DIRECT INC 02/16/2023
0.00 260.33
ACH HOIKOE HOISINGTON KOEGLER GROUP 02/16/2023
0.00 4,759.48
ACH InnOff Innovative Office Solutions LLC 02/16/2023
0.00 112.80
ACH AlHiJuli Juli Al-Hilwani 02/16/2023
0.00 131.00
ACH LYMLUM LYMAN LUMBER 02/16/2023
0.00 13.03
ACH MACEQU MACQUEEN EQUIPMENT 02/16/2023
0.00 272.21
ACH Marco Marco Inc 02/16/2023
0.00 735.00
ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 02/16/2023
0.00 1,271.61
ACH OPG-3 OPG-3, Inc 02/16/2023
0.00 20,180.00
ACH PotMN Potentia MN Solar 02/16/2023
0.00 2,001.65
ACH HLBTAU REDPATH AND COMPANY, LLC 02/16/2023
0.00 6,000.00
Page 1 of 2
45
Check No Vendor No Vendor Name Check Date Void Checks Check Amount
ACH SRFCON SRF CONSULTING GROUP INC 02/16/2023
0.00 3,957.57
ACH UniAth Universal Athletic Services, Inc. 02/16/2023
0.00 1,254.00
ACH WSB WSB & ASSOCIATES INC 02/16/2023
0.00 9,123.25
Report Total: 0.00 208,805.92
Page 2 of 2
46
AP
Check Detail-Checks
User: dwashburn
Printed: 2/17/2023 9:18:40 AM
Last Name Acct 1 Amount Check Date Description
ALLSTREAM 101-1160-4310 564.47 2/9/2023 Mitel Phone System Maintenance Mar
564.47 2/9/2023
ALLSTREAM 564.47
ARAMARK Refreshment Services, LLC 101-1170-4110 87.48 2/9/2023 Caribou Blend KCup, Caribou Regular
ARAMARK Refreshment Services, LLC 101-1170-4110 654.53 2/9/2023 Caribou Blend, Regular, CoffeeMate, Hazelnut Kcup, Hot Chocolate
ARAMARK Refreshment Services, LLC 101-1170-4110 78.32 2/9/2023 Folgers Coffee
ARAMARK Refreshment Services, LLC 101-1170-4110 -46.92 2/9/2023 Orig Donut Shop Vanilla Latte KCup
ARAMARK Refreshment Services, LLC 101-1170-4110 109.98 2/9/2023 Caribou Regular
883.39 2/9/2023
ARAMARK Refreshment Services, LLC 883.39
BCA 101-1220-4352 33.25 2/9/2023 Firefighter Criminal Background Investigation
33.25 2/9/2023
BCA 101-1120-4352 15.00 2/16/2023 Background Investigation
15.00 2/16/2023
BCA 48.25
CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 2,039.00 2/9/2023 Monthly Service - 7700 Market Blvd
CENTERPOINT ENERGY MINNEGASCO 101-1190-4321 3,404.04 2/9/2023 Monthly Service - 7711 Kerber Blvd
CENTERPOINT ENERGY MINNEGASCO 101-1550-4321 631.91 2/9/2023 Monthly Service - 1456 W 78th St
CENTERPOINT ENERGY MINNEGASCO 700-7019-4321 761.80 2/9/2023 Monthly Service - 201 W 79th St
AP - Check Detail-Checks (2/17/2023)Page 1 of 14
47
Last Name Acct 1 Amount Check Date Description
CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 147.03 2/9/2023 Monthly Service - 2323 Lake Lucy Rd
CENTERPOINT ENERGY MINNEGASCO 101-1600-4321 172.78 2/9/2023 Monthly Service - 6930 Minnewashta Pkwy
CENTERPOINT ENERGY MINNEGASCO 700-7043-4321 2,223.71 2/9/2023 Monthly Service - 2100 Lake Harrison Rd
CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 24.16 2/9/2023 Monthly Service - 3900 Highway 7
9,404.43 2/9/2023
CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 149.42 2/16/2023 Monthly Service - 7610 Laredo, 2310 Coulter Blvd, 391 W 78th
CENTERPOINT ENERGY MINNEGASCO 101-1530-4321 655.83 2/16/2023 Monthly Service - 7610 Laredo, 2310 Coulter Blvd, 391 W 78th
CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 519.69 2/16/2023 Monthly Service - 7901 Park Pl
CENTERPOINT ENERGY MINNEGASCO 101-1312-4321 4,157.49 2/16/2023 Monthly Service - 7901 Park Pl
CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 519.68 2/16/2023 Monthly Service - 7901 Park Pl
CENTERPOINT ENERGY MINNEGASCO 101-1220-4321 1,935.17 2/16/2023 Monthly Service - 7610 Laredo, 2310 Coulter Blvd, 391 W 78th
7,937.28 2/16/2023
CENTERPOINT ENERGY MINNEGASCO 17,341.71
CenturyLink 700-0000-4310 32.00 2/16/2023 Monthly Service - Feb 1 to Feb 28
CenturyLink 701-0000-4310 32.00 2/16/2023 Monthly Service - Feb 1 to Feb 28
64.00 2/16/2023
CenturyLink 64.00
Cintas Corporation No. 2 701-0000-4510 52.73 2/9/2023 First Aid Supplies
Cintas Corporation No. 2 700-0000-4510 52.73 2/9/2023 First Aid Supplies
Cintas Corporation No. 2 101-1320-4150 52.73 2/9/2023 First Aid Supplies
158.19 2/9/2023
Cintas Corporation No. 2 158.19
Compass Minerals America, Inc 101-1320-4150 6,375.09 2/9/2023 Bulk Coarse LA - Hwy
6,375.09 2/9/2023
Compass Minerals America, Inc 6,375.09
AP - Check Detail-Checks (2/17/2023)Page 2 of 14
48
Last Name Acct 1 Amount Check Date Description
Cotswold Homes LLC 101-0000-2073 250.00 2/9/2023 Erosion Escrow - 6853 Nez Perce Drive
250.00 2/9/2023
Cotswold Homes LLC 250.00
Craig Rapp LLC 101-1120-4360 3,000.00 2/16/2023 Membership - Hokkanen/Unmacht
3,000.00 2/16/2023
Craig Rapp LLC 3,000.00
CROWN COLLEGE 101-1220-4370 742.00 2/9/2023 EMT/EMR Refresher
742.00 2/9/2023
CROWN COLLEGE 742.00
DAKOTA SUPPLY GROUP 701-1384-4556 1,950.00 2/9/2023 Meter Parts
DAKOTA SUPPLY GROUP 700-1384-4556 1,950.00 2/9/2023 Meter Parts
3,900.00 2/9/2023
DAKOTA SUPPLY GROUP 700-0000-4550 1,921.09 2/16/2023 Mueller Centurion 5 - 1/4" Traffic Repair Kit
1,921.09 2/16/2023
DAKOTA SUPPLY GROUP 5,821.09
EMPLOYEE GROUP FUND 101-1110-4372 142.50 2/16/2023 2022 Soda Machine
142.50 2/16/2023
EMPLOYEE GROUP FUND 142.50
Enterprise FM Trust 400-0000-4811 221.18 2/9/2023 411 - 22 Chev Silv #25G8CL
Enterprise FM Trust 400-0000-4810 483.36 2/9/2023 214 - 22 Chev Silv #25G5D2
Enterprise FM Trust 701-0000-4811 149.79 2/9/2023 307 - 22 Ford Esca #26M3MH
AP - Check Detail-Checks (2/17/2023)Page 3 of 14
49
Last Name Acct 1 Amount Check Date Description
Enterprise FM Trust 400-0000-4810 505.36 2/9/2023 408 - 22 Chev Silv #25G89X
Enterprise FM Trust 400-0000-4811 233.07 2/9/2023 408 - 22 Chev Silv #25G89X
Enterprise FM Trust 400-0000-4810 205.04 2/9/2023 140 - 22 Chev Silv #25G5J6
Enterprise FM Trust 701-0000-4810 254.31 2/9/2023 305 - 22 Chev Silv #25G5QR
Enterprise FM Trust 400-0000-4810 514.06 2/9/2023 411 - 22 Chev Silv #25G8CL
Enterprise FM Trust 701-0000-4811 110.97 2/9/2023 305 - 22 Chev Silv #25G5QR
Enterprise FM Trust 700-0000-4810 226.78 2/9/2023 307 - 22 Ford Esca #26M3MH
Enterprise FM Trust 400-0000-4810 605.60 2/9/2023 201 - 22 GMC Yuko #25MPSN
Enterprise FM Trust 400-0000-4811 172.91 2/9/2023 412 - 22 GMC Sier #25H28F
Enterprise FM Trust 400-0000-4810 334.49 2/9/2023 606 - 22 Ford Rang #25G23Z
Enterprise FM Trust 400-0000-4810 460.73 2/9/2023 405 - 22 Chev Silv #25G5QQ
Enterprise FM Trust 700-0000-4811 149.78 2/9/2023 307 - 22 Ford Esca #26M3MH
Enterprise FM Trust 400-0000-4810 374.82 2/9/2023 605 - 22 Ford Rand #25G25M
Enterprise FM Trust 400-0000-4811 294.58 2/9/2023 405 - 22 Chev Silv #25G5QQ
Enterprise FM Trust 400-0000-4811 222.07 2/9/2023 214 - 22 Chev Silv #25G5D2
Enterprise FM Trust 400-0000-4811 211.67 2/9/2023 606 - 22 Ford Rang #25G23Z
Enterprise FM Trust 700-0000-4811 110.97 2/9/2023 305 - 22 Chev Silv #25G5QR
Enterprise FM Trust 400-0000-4811 251.99 2/9/2023 201 - 22 GMC Yuko #25MPSN
Enterprise FM Trust 701-0000-4810 226.77 2/9/2023 307 - 22 Ford Esca #26M3MH
Enterprise FM Trust 400-0000-4811 206.96 2/9/2023 605 - 22 Ford Rand #25G25M
Enterprise FM Trust 400-0000-4810 428.34 2/9/2023 412 - 22 GMC Sier #25H28F
Enterprise FM Trust 700-0000-4810 254.31 2/9/2023 305 - 22 Chev Silv #25G5QR
Enterprise FM Trust 400-0000-4811 506.02 2/9/2023 140 - 22 Chev Silv #25G5J6
7,715.93 2/9/2023
Enterprise FM Trust 7,715.93
FACTORY MOTOR PARTS COMPANY 101-1550-4120 19.96 2/9/2023 Wrench EZE Spray
FACTORY MOTOR PARTS COMPANY 101-1550-4120 19.96 2/9/2023 Wrench EZE Spray
FACTORY MOTOR PARTS COMPANY 101-1320-4120 19.96 2/9/2023 Wrench EZE Spray
FACTORY MOTOR PARTS COMPANY 700-0000-4120 19.96 2/9/2023 Wrench EZE Spray
FACTORY MOTOR PARTS COMPANY 101-1320-4120 19.96 2/9/2023 Wrench EZE Spray
FACTORY MOTOR PARTS COMPANY 700-0000-4120 19.96 2/9/2023 Wrench EZE Spray
119.76 2/9/2023
FACTORY MOTOR PARTS COMPANY 119.76
Ferguson Waterworks #2518 700-1384-4556 2,334.80 2/9/2023 Meters
Ferguson Waterworks #2518 701-1384-4556 1,539.20 2/9/2023 Meters
AP - Check Detail-Checks (2/17/2023)Page 4 of 14
50
Last Name Acct 1 Amount Check Date Description
Ferguson Waterworks #2518 701-1384-4556 2,334.80 2/9/2023 Meters
Ferguson Waterworks #2518 700-1384-4556 1,539.20 2/9/2023 Meters
7,748.00 2/9/2023
Ferguson Waterworks #2518 7,748.00
Fitzgerald Excavating & Trucking, Inc 720-7025-4751 137,372.37 2/16/2023 2021 Pond Maintenance - Project 21-13
137,372.37 2/16/2023
Fitzgerald Excavating & Trucking, Inc 137,372.37
Go Gymnastics 101-1538-4343 900.00 2/9/2023 Littles
Go Gymnastics 101-1537-4343 997.50 2/9/2023 Mini's & Tiny's
1,897.50 2/9/2023
Go Gymnastics 1,897.50
GREEN MEADOWS INC 101-1550-1193 2,520.00 2/16/2023 Snow Plowing - 320 Lake Dr E, 470 W 78th St
GREEN MEADOWS INC 101-1260-1193 250.00 2/16/2023 Snow Plowing - 320 Lake Dr E, 470 W 78th St
2,770.00 2/16/2023
GREEN MEADOWS INC 2,770.00
HealthPartners, Inc.720-0000-2012 1,421.42 2/9/2023 March, 2023 - Health- Single
HealthPartners, Inc.700-0000-2013 364.40 2/9/2023 March, 2023 Dental
HealthPartners, Inc.700-0000-2012 3,552.44 2/9/2023 March, 2023 - Health- Family
HealthPartners, Inc.101-0000-2012 28,428.40 2/9/2023 March, 2023 - Health- Single
HealthPartners, Inc.101-0000-2013 273.32 2/9/2023 March, 2023 Dental - Cobra
HealthPartners, Inc.701-0000-2012 3,552.44 2/9/2023 March, 2023 - Health- Family
HealthPartners, Inc.720-0000-2013 91.08 2/9/2023 March, 2023 Dental
HealthPartners, Inc.701-0000-2013 273.32 2/9/2023 March, 2023 Dental
HealthPartners, Inc.101-0000-2013 4,099.34 2/9/2023 March, 2023 Dental
HealthPartners, Inc.101-0000-2012 44,405.50 2/9/2023 March, 2023 - Health- Family
HealthPartners, Inc.701-0000-2012 1,066.06 2/9/2023 March, 2023 - Health- Single
HealthPartners, Inc.101-0000-2012 1,421.42 2/9/2023 March, 2023 - Health- Single - Cobra
AP - Check Detail-Checks (2/17/2023)Page 5 of 14
51
Last Name Acct 1 Amount Check Date Description
HealthPartners, Inc.700-0000-2012 2,487.49 2/9/2023 March, 2023 - Health- Single
HealthPartners, Inc.101-0000-2012 3,552.44 2/9/2023 March, 2023 - Health- Family - Cobra
94,989.07 2/9/2023
HealthPartners, Inc. 94,989.07
Henry Michael 101-1560-4343 150.00 2/9/2023 The Book of Love Program
150.00 2/9/2023
Henry Michael 150.00
Heritage Shade Tree Consultants, Inc 720-7202-4300 3,171.87 2/16/2023 Urban Forestry Consulting
Heritage Shade Tree Consultants, Inc 720-7201-4300 3,171.88 2/16/2023 Urban Forestry Consulting
6,343.75 2/16/2023
Heritage Shade Tree Consultants, Inc 6,343.75
INDEPENDENT SCHOOL DIST 112 101-1530-4321 1,001.49 2/16/2023 2022 Utilities - November, 2022 - December, 2022
INDEPENDENT SCHOOL DIST 112 101-1530-4320 490.79 2/16/2023 January, 2023 Utilities
INDEPENDENT SCHOOL DIST 112 101-1530-4320 2,819.21 2/16/2023 2022 Utilities - November, 2022 - December, 2022
INDEPENDENT SCHOOL DIST 112 101-1530-4321 1,677.09 2/16/2023 January, 2023 Utilities
5,988.58 2/16/2023
INDEPENDENT SCHOOL DIST 112 5,988.58
Indigo Signs 101-1220-4120 95.00 2/9/2023 Red/White Swish for sides of white chief helmets
Indigo Signs 101-1220-4359 10.00 2/9/2023 Interest for late payment
Indigo Signs 101-1220-4359 2.85 2/9/2023 Interest for late payment
Indigo Signs 101-1220-4120 500.00 2/9/2023 Graphics for Captain helmets
607.85 2/9/2023
Indigo Signs 607.85
AP - Check Detail-Checks (2/17/2023)Page 6 of 14
52
Last Name Acct 1 Amount Check Date Description
Iowa American Rescue 201-0000-4705 3,150.00 2/16/2023 Forcible Entry Door Prop Kit
3,150.00 2/16/2023
Iowa American Rescue 3,150.00
IUOE Local #49 101-0000-2004 455.00 2/9/2023 PR Batch 00409.02.2023 Local 49 dues
IUOE Local #49 700-0000-2004 143.07 2/9/2023 PR Batch 00409.02.2023 Local 49 dues
IUOE Local #49 701-0000-2004 66.93 2/9/2023 PR Batch 00409.02.2023 Local 49 dues
665.00 2/9/2023
IUOE Local #49 665.00
Jones David 101-1560-4343 100.00 2/9/2023 Washington Monument Presentation
100.00 2/9/2023
Jones David 100.00
KENDALLVILLE FARMS 101-1615-4345 1,200.00 2/16/2023 Tree Lighting 2022
1,200.00 2/16/2023
KENDALLVILLE FARMS 1,200.00
LAURSEN PIANO SERVICE 101-1560-4300 120.00 2/9/2023 Piano Tuning
120.00 2/9/2023
LAURSEN PIANO SERVICE 120.00
Lawson Products, Inc.101-1320-4120 41.80 2/9/2023 Plow Bolt Gr 9 Plain
41.80 2/9/2023
AP - Check Detail-Checks (2/17/2023)Page 7 of 14
53
Last Name Acct 1 Amount Check Date Description
Lawson Products, Inc. 41.80
Lockridge Grindal Nauen P.L.L.P 101-1110-4300 3,333.33 2/9/2023 Professional Services - January, 2023
3,333.33 2/9/2023
Lockridge Grindal Nauen P.L.L.P 3,333.33
Metronet Holdings, LLC 700-7043-4310 56.01 2/9/2023 Monthly Service 02/01/23 - 02/28/23
56.01 2/9/2023
Metronet Holdings, LLC 56.01
METROPOLITAN COUNCIL 701-0000-4509 209,343.98 2/9/2023 Waste Water
209,343.98 2/9/2023
METROPOLITAN COUNCIL 209,343.98
Minnesota Safety Council 101-1560-4343 391.00 2/9/2023 Coach Exp Driver Plus Student
391.00 2/9/2023
Minnesota Safety Council 391.00
MN DEPT OF HEALTH 700-0000-4509 20,934.00 2/16/2023 Community Water Supply Service Connection Fee
20,934.00 2/16/2023
MN DEPT OF HEALTH 20,934.00
MN NCPERS LIFE INSURANCE 701-0000-2037 8.00 2/9/2023 PR Batch 00409.02.2023 NCPERS-Life Insurance
MN NCPERS LIFE INSURANCE 101-0000-2037 112.00 2/9/2023 PR Batch 00409.02.2023 NCPERS-Life Insurance
MN NCPERS LIFE INSURANCE 700-0000-2037 8.00 2/9/2023 PR Batch 00409.02.2023 NCPERS-Life Insurance
AP - Check Detail-Checks (2/17/2023)Page 8 of 14
54
Last Name Acct 1 Amount Check Date Description
128.00 2/9/2023
MN NCPERS LIFE INSURANCE 128.00
MN Pollution Control Agency 701-0000-4360 23.00 2/16/2023 Wastewater Certification Renewal - B Martinson
23.00 2/16/2023
MN Pollution Control Agency 23.00
MSSA 101-1320-4360 200.00 2/9/2023 MSSA Membership - C Burke, R Lannon, J Girard
200.00 2/9/2023
MSSA 200.00
NOVEL SOLAR THREE, LLC 101-1350-4320 44.51 2/16/2023 Solar
NOVEL SOLAR THREE, LLC 701-0000-4320 809.45 2/16/2023 Solar
NOVEL SOLAR THREE, LLC 700-0000-4320 1,742.05 2/16/2023 Solar
2,596.01 2/16/2023
NOVEL SOLAR THREE, LLC 2,596.01
Parts Alliance South 101-1320-4140 86.93 2/9/2023 Slack Adj Kit
Parts Alliance South 101-1320-4140 192.66 2/9/2023 Valve Assy Parkg Brake
279.59 2/9/2023
Parts Alliance South 101-1320-4140 247.88 2/16/2023 Slack Adj Kit
247.88 2/16/2023
Parts Alliance South 527.47
Peterson Companies 720-7025-4751 129,529.25 2/16/2023 2022 Pond Maintenance Project - Project 22-05
AP - Check Detail-Checks (2/17/2023)Page 9 of 14
55
Last Name Acct 1 Amount Check Date Description
129,529.25 2/16/2023
Peterson Companies 129,529.25
PILGRIM DRY CLEANERS 101-1220-4300 581.20 2/9/2023 Laundry Service - January, 2023
581.20 2/9/2023
PILGRIM DRY CLEANERS 581.20
Pinnacle Pest Control 701-0000-4300 32.06 2/9/2023 Lift Station - Mouse Trap
Pinnacle Pest Control 101-1170-4300 150.00 2/9/2023 Bait Station Refull - Chanhassen
182.06 2/9/2023
Pinnacle Pest Control 182.06
PULLTABS PLUS INC 101-1560-4130 208.90 2/9/2023 Bingo Supplies
208.90 2/9/2023
PULLTABS PLUS INC 208.90
Pulse Electric 101-1170-4530 1,109.00 2/16/2023 Conference Room Outlet & Seniro Center Light
1,109.00 2/16/2023
Pulse Electric 1,109.00
Raftelis 101-1120-4300 25,735.00 2/9/2023 Professional Services - January 1 to January 31, 2023
25,735.00 2/9/2023
Raftelis 101-1120-4300 6,730.00 2/16/2023 Professional Service - Nov 1 - Nov 30, 2022
Raftelis 101-1120-4300 9,520.00 2/16/2023 Professional Service - Dec 1 - Dec 31, 2022
AP - Check Detail-Checks (2/17/2023)Page 10 of 14
56
Last Name Acct 1 Amount Check Date Description
16,250.00 2/16/2023
Raftelis 41,985.00
Robert Half International, Inc.101-1120-4020 238.55 2/9/2023 Pearson, Marie
238.55 2/9/2023
Robert Half International, Inc. 238.55
Scale and Control Inc 701-0000-4260 807.00 2/9/2023 Washdown Rated Controller, Galaxy Tab Active, Tablet
Scale and Control Inc 720-7207-4150 807.00 2/9/2023 Washdown Rated Controller, Galaxy Tab Active, Tablet
Scale and Control Inc 101-1550-4260 807.00 2/9/2023 Washdown Rated Controller, Galaxy Tab Active, Tablet
Scale and Control Inc 700-0000-4260 807.00 2/9/2023 Washdown Rated Controller, Galaxy Tab Active, Tablet
Scale and Control Inc 101-1320-4260 807.00 2/9/2023 Washdown Rated Controller, Galaxy Tab Active, Tablet
4,035.00 2/9/2023
Scale and Control Inc 4,035.00
Schwickert Company 101-1190-4510 1,770.00 2/16/2023 Chanhassen Library - Replace Bearing Assembly
Schwickert Company 101-1190-4510 904.00 2/16/2023 Chanhassen Library - Heating Service
2,674.00 2/16/2023
Schwickert Company 2,674.00
SEH 700-0000-4300 984.01 2/16/2023 Chanhassen Water Model Update & Calibration
SEH 700-0000-4300 832.61 2/16/2023 Chanhassen Water Model Update & Calibration
1,816.62 2/16/2023
SEH 1,816.62
Shadywood Tree Experts and Landscaping 720-7202-4300 2,892.50 2/16/2023 Trees - Prune
Shadywood Tree Experts and Landscaping 720-7202-4300 3,115.00 2/16/2023 Trees - Prune
Shadywood Tree Experts and Landscaping 720-7202-4300 1,557.50 2/16/2023 Trees - Prune
AP - Check Detail-Checks (2/17/2023)Page 11 of 14
57
Last Name Acct 1 Amount Check Date Description
7,565.00 2/16/2023
Shadywood Tree Experts and Landscaping 7,565.00
Signature Systems Group 720-7025-4705 5,423.05 2/16/2023 Megadeck HD Mat, Lock Pin Aluminum, Kit Tool - SWMP 62
Signature Systems Group 701-7025-4705 5,423.05 2/16/2023 Megadeck HD Mat, Lock Pin Aluminum, Kit Tool - SWMP 62
Signature Systems Group 700-7025-4705 5,423.05 2/16/2023 Megadeck HD Mat, Lock Pin Aluminum, Kit Tool - SWMP 62
Signature Systems Group 400-0000-4705 5,423.05 2/16/2023 Megadeck HD Mat, Lock Pin Aluminum, Kit Tool - SWMP 62
21,692.20 2/16/2023
Signature Systems Group 21,692.20
SUBURBAN RATE AUTHORITY 101-1310-4360 2,874.00 2/9/2023 2023 Membership
2,874.00 2/9/2023
SUBURBAN RATE AUTHORITY 2,874.00
Taylor Electric Company, LLC 101-1350-4565 5,577.00 2/9/2023 Service work on signal at Hwy 5, Park Ct & Park Dr
Taylor Electric Company, LLC 601-0000-4705 3,600.00 2/9/2023 Swap signal cabinet at 78th & Kerber
Taylor Electric Company, LLC 101-1350-4565 1,227.00 2/9/2023 Troubleshoot GFI's in center island on 78th
Taylor Electric Company, LLC 101-1350-4565 3,200.00 2/9/2023 Repair street lights
13,604.00 2/9/2023
Taylor Electric Company, LLC 13,604.00
Tessco Technologies 701-0000-4551 109.51 2/9/2023 Fiberglass Omni Antenna
Tessco Technologies 700-0000-4550 109.50 2/9/2023 Fiberglass Omni Antenna
219.01 2/9/2023
Tessco Technologies 219.01
The Toonies, LLC 101-1613-4345 425.00 2/16/2023 July 2nd Children's Performance deposit
AP - Check Detail-Checks (2/17/2023)Page 12 of 14
58
Last Name Acct 1 Amount Check Date Description
425.00 2/16/2023
The Toonies, LLC 425.00
TimeSaver Off Site Secretarial, Inc 210-0000-4300 477.00 2/9/2023 Planning Commission, City Council, Park & Rec Meeting minutes
477.00 2/9/2023
TimeSaver Off Site Secretarial, Inc 477.00
True North Controls 701-0000-4551 6,646.00 2/9/2023 4RF Aprisa, 4RF DIN Rail Mounting bracket, Serial Adapter
6,646.00 2/9/2023
True North Controls 6,646.00
TSG Server & Storage, Inc 101-1160-4205 2,880.00 2/9/2023 Veeam Backup Essentials Annual Renewal
2,880.00 2/9/2023
TSG Server & Storage, Inc 2,880.00
Waste Management of Minnesota, Inc 101-1312-4329 137.00 2/16/2023 Monthly Service - 7901 Park Pl
Waste Management of Minnesota, Inc 101-1170-4329 452.51 2/16/2023 Monthly Service - 7700 Market Blvd
Waste Management of Minnesota, Inc 101-1220-4329 104.15 2/16/2023 Monthly Service - 7610 Laredo Dr
Waste Management of Minnesota, Inc 701-0000-4329 17.12 2/16/2023 Monthly Service - 7901 Park Pl
Waste Management of Minnesota, Inc 101-1190-4329 552.44 2/16/2023 Monthly Service - 7711 Kerber Blvd
Waste Management of Minnesota, Inc 101-1550-4329 656.54 2/16/2023 Monthly Service - 7901 Park Pl
Waste Management of Minnesota, Inc 700-0000-4329 17.12 2/16/2023 Monthly Service - 7901 Park Pl
1,936.88 2/16/2023
Waste Management of Minnesota, Inc 1,936.88
Wild Mountain, Inc 101-1731-4300 1,168.00 2/9/2023 Lift tickets, Rental and Lesson
AP - Check Detail-Checks (2/17/2023)Page 13 of 14
59
Last Name Acct 1 Amount Check Date Description
1,168.00 2/9/2023
Wild Mountain, Inc 1,168.00
Young Paul 101-1701-4343 275.00 2/16/2023 Sweetheart Dance DJ Services
275.00 2/16/2023
Young Paul 275.00
786,024.77
AP - Check Detail-Checks (2/17/2023)Page 14 of 14
60
AP
Check Detail-ACH
User: dwashburn
Printed: 2/17/2023 9:19:38 AM
Last Name Acct 1 Amount Check Date Description
3RD LAIR SKATEPARK 101-1613-4345 750.00 2/16/2023 2023 4th of July Skateboard Series
750.00 2/16/2023
3RD LAIR SKATEPARK 750.00
Advanced Engineering & Environmental Services, LLC 701-0000-4300 613.75 2/16/2023 2023 SCADA Services - I&C System Services
Advanced Engineering & Environmental Services, LLC 700-0000-4300 613.75 2/16/2023 2023 SCADA Services - I&C System Services
1,227.50 2/16/2023
Advanced Engineering & Environmental Services, LLC 1,227.50
Al-Hilwani Juli 101-1539-4343 75.00 2/9/2023 Pickleball Lessons
75.00 2/9/2023
Al-Hilwani Juli 101-1539-4343 131.00 2/16/2023 Pickleball, Fit for Life Lessons
131.00 2/16/2023
Al-Hilwani Juli 206.00
AMERICAN ENGINEERING TESTING 402-1220-4702 1,056.00 2/9/2023 Chanhassen Crack Monitoring
1,056.00 2/9/2023
AMERICAN ENGINEERING TESTING 1,056.00
AP - Check Detail-ACH (2/17/2023)Page 1 of 10
61
Last Name Acct 1 Amount Check Date Description
ANCOM COMMUNICATIONS 101-1220-4531 286.00 2/9/2023 Motorola APX4000 Battery
286.00 2/9/2023
ANCOM COMMUNICATIONS 286.00
BOLTON & MENK INC 720-7025-4300 1,500.00 2/16/2023 Chanhassen/Stormwater Education - IDDE Video
1,500.00 2/16/2023
BOLTON & MENK INC 1,500.00
CAMPBELL KNUTSON 101-1140-4302 15,852.72 2/16/2023 Legal Services - January, 2023
15,852.72 2/16/2023
CAMPBELL KNUTSON 15,852.72
Carver County 700-1160-4326 650.00 2/9/2023 Carver Fiber - WWTP /W-3, 7, 8/ LS -24-Feb
Carver County 101-1160-4326 375.00 2/9/2023 CarverLink Internet / Fiber - Feb
1,025.00 2/9/2023
Carver County 720-7205-4300 30,256.38 2/16/2023 2022 AIS Watercraft Inspections
Carver County 101-1210-4300 350.00 2/16/2023 Investigation on liquor and gambling license
30,606.38 2/16/2023
Carver County 31,631.38
CCP NI MASTER TENANT 4 LLC 101-1220-4320 25.92 2/16/2023 January 2023
CCP NI MASTER TENANT 4 LLC 700-7019-4320 378.13 2/16/2023 January 2023
CCP NI MASTER TENANT 4 LLC 101-1540-4320 76.09 2/16/2023 January 2023
CCP NI MASTER TENANT 4 LLC 701-0000-4320 276.19 2/16/2023 January 2023
CCP NI MASTER TENANT 4 LLC 101-1600-4320 6.21 2/16/2023 January 2023
CCP NI MASTER TENANT 4 LLC 101-1350-4320 676.90 2/16/2023 January 2023
CCP NI MASTER TENANT 4 LLC 700-0000-4320 23.71 2/16/2023 January 2023
CCP NI MASTER TENANT 4 LLC 101-1550-4320 80.96 2/16/2023 January 2023
AP - Check Detail-ACH (2/17/2023)Page 2 of 10
62
Last Name Acct 1 Amount Check Date Description
1,544.11 2/16/2023
CCP NI MASTER TENANT 4 LLC 1,544.11
Crystal Infosystems LLC 101-1170-4110 262.00 2/16/2023 Toner - Finance Printer
262.00 2/16/2023
Crystal Infosystems LLC 262.00
Engel Water Testing Inc 700-0000-4300 750.00 2/9/2023 Water Samples - Jan, 2023
750.00 2/9/2023
Engel Water Testing Inc 750.00
GOPHER STATE ONE-CALL INC 700-0000-4300 54.68 2/9/2023 Services Calls - January, 2023
GOPHER STATE ONE-CALL INC 701-0000-4300 54.67 2/9/2023 Services Calls - January, 2023
109.35 2/9/2023
GOPHER STATE ONE-CALL INC 109.35
GS DIRECT INC 101-1170-4110 260.33 2/16/2023 Plotter Paper Bldg/Eng
260.33 2/16/2023
GS DIRECT INC 260.33
H & L Mesabi 101-1550-4120 1,241.00 2/9/2023 Curb Guard, SEF 9'0 Western Pro Plus, 8-6 Pro Plus Blade
1,241.00 2/9/2023
H & L Mesabi 1,241.00
HAWKINS CHEMICAL 700-7019-4160 19,112.04 2/9/2023 Hydrofluosilici Acid, Corrosion Inhibitor
AP - Check Detail-ACH (2/17/2023)Page 3 of 10
63
Last Name Acct 1 Amount Check Date Description
19,112.04 2/9/2023
HAWKINS CHEMICAL 19,112.04
HOISINGTON KOEGLER GROUP 101-1420-4300 4,759.48 2/16/2023 Chanhassen Civic Campus
4,759.48 2/16/2023
HOISINGTON KOEGLER GROUP 4,759.48
Indoor Landscapes Inc 101-1170-4300 187.00 2/9/2023 February Plant Service
187.00 2/9/2023
Indoor Landscapes Inc 187.00
Innovative Office Solutions LLC 101-1170-4110 99.17 2/9/2023 Label, Folder, Paper, Highlighter, Pen
99.17 2/9/2023
Innovative Office Solutions LLC 101-1170-4110 112.80 2/16/2023 Envelope, Jumbo Clip, Paper, Sharpie Marker
112.80 2/16/2023
Innovative Office Solutions LLC 211.97
Jasper Engineering & Equipment Co 700-0000-4359 10.00 2/9/2023 Interest on late invoice
Jasper Engineering & Equipment Co 700-0000-4550 1,044.53 2/9/2023 Submersible Pressure Transmitter
1,054.53 2/9/2023
Jasper Engineering & Equipment Co 1,054.53
KIMLEY HORN AND ASSOCIATES INC 605-6502-4300 2,427.08 2/9/2023 TH 101 Reconstruction
KIMLEY HORN AND ASSOCIATES INC 605-6503-4300 273.27 2/9/2023 TH 101 Reconstruction
AP - Check Detail-ACH (2/17/2023)Page 4 of 10
64
Last Name Acct 1 Amount Check Date Description
2,700.35 2/9/2023
KIMLEY HORN AND ASSOCIATES INC 2,700.35
Knox Company 101-1220-4237 468.00 2/9/2023 1yr KnoxConnect
468.00 2/9/2023
Knox Company 468.00
LYMAN LUMBER 101-1550-4120 13.03 2/16/2023 8' Studs
13.03 2/16/2023
LYMAN LUMBER 13.03
MACQUEEN EQUIPMENT 201-0000-4705 3,410.55 2/9/2023 JPA Gear
3,410.55 2/9/2023
MACQUEEN EQUIPMENT 700-0000-4120 54.33 2/16/2023 Nozzle Sleeve
MACQUEEN EQUIPMENT 701-0000-4120 217.88 2/16/2023 Overhaul Kit, Nozzle Sleeve
272.21 2/16/2023
MACQUEEN EQUIPMENT 3,682.76
Marco Inc 700-0000-4410 101.00 2/9/2023 Equipment Rental - 02/05/23 - 03/04/23
Marco Inc 101-1170-4410 757.50 2/9/2023 Equipment Rental - 02/05/23 - 03/04/23
Marco Inc 701-0000-4410 101.00 2/9/2023 Equipment Rental - 02/05/23 - 03/04/23
Marco Inc 720-0000-4410 50.50 2/9/2023 Equipment Rental - 02/05/23 - 03/04/23
1,010.00 2/9/2023
Marco Inc 101-1160-4411 735.00 2/16/2023 Monthly Rental - Konica Minolta Copier
735.00 2/16/2023
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65
Last Name Acct 1 Amount Check Date Description
Marco Inc 1,745.00
Matheson Tri-Gas, Inc.101-1370-4120 242.56 2/9/2023 Jackson Glasses - Black Frame
Matheson Tri-Gas, Inc.101-1370-4120 171.21 2/9/2023 Pinnacle70S-6
413.77 2/9/2023
Matheson Tri-Gas, Inc. 413.77
MERLINS ACE HARDWARE 700-7019-4120 25.98 2/9/2023 Cement All Purpose
MERLINS ACE HARDWARE 101-1550-4150 2.46 2/9/2023 Pipe Sch40, PVC Pipe
MERLINS ACE HARDWARE 101-1220-4142 17.98 2/9/2023 Batteries, Grip Strip
MERLINS ACE HARDWARE 101-1220-4290 15.42 2/9/2023 Fasteners
MERLINS ACE HARDWARE 101-1530-4150 19.18 2/9/2023 Com Cnct 3/8, splyfct 3/ 8
MERLINS ACE HARDWARE 101-1320-4150 75.96 2/9/2023 Mailbox, numbers
156.98 2/9/2023
MERLINS ACE HARDWARE 156.98
MN DEPT OF LABOR AND INDUSTRY 101-1250-3818 -26.07 2/16/2023 January, 2023 Permit Surcharge
MN DEPT OF LABOR AND INDUSTRY 101-0000-2022 1,297.68 2/16/2023 January, 2023 Permit Surcharge
1,271.61 2/16/2023
MN DEPT OF LABOR AND INDUSTRY 1,271.61
MN VALLEY ELECTRIC COOP 101-1600-4320 540.12 2/9/2023 Monthly Service - Hwy 101/pionr trl signl
MN VALLEY ELECTRIC COOP 101-1350-4320 284.37 2/9/2023 Monthly Service - Bluff Crk Blvd Lights
MN VALLEY ELECTRIC COOP 101-1350-4320 47.26 2/9/2023 Monthly Service - 96th St & St Hwy 101 Lights
MN VALLEY ELECTRIC COOP 101-1350-4320 6,154.08 2/9/2023 Monthly Service - Hwy 101/pionr trl signl
MN VALLEY ELECTRIC COOP 700-0000-4320 213.71 2/9/2023 Monthly Service - Hwy 101/pionr trl signl
MN VALLEY ELECTRIC COOP 101-1350-4320 32.60 2/9/2023 Monthly Service - Bluff Crk & Audubon Rd
MN VALLEY ELECTRIC COOP 701-0000-4320 528.42 2/9/2023 Monthly Service - Hwy 101/pionr trl signl
MN VALLEY ELECTRIC COOP 101-1350-4320 119.73 2/9/2023 Monthly Service - 2151 Lyman Blvd
7,920.29 2/9/2023
AP - Check Detail-ACH (2/17/2023)Page 6 of 10
66
Last Name Acct 1 Amount Check Date Description
MN VALLEY ELECTRIC COOP 7,920.29
NAPA AUTO & TRUCK PARTS 101-1320-4140 144.02 2/9/2023 Oil Filter, Wiper Blade
NAPA AUTO & TRUCK PARTS 101-1550-4120 127.34 2/9/2023 Boxed Capsules, Oil Filter, Fuel Filter
271.36 2/9/2023
NAPA AUTO & TRUCK PARTS 271.36
Nuss Truck & Equipment 101-1320-4140 3,043.60 2/9/2023 Core Deposit, Reman Shoe Kit
Nuss Truck & Equipment 101-1320-4140 254.53 2/9/2023 Turn Signal
3,298.13 2/9/2023
Nuss Truck & Equipment 3,298.13
OPG-3, Inc 101-1160-4212 20,180.00 2/16/2023 Laserfiche Annual License Support Renewal
20,180.00 2/16/2023
OPG-3, Inc 20,180.00
Potentia MN Solar 101-1170-4320 687.11 2/16/2023 Monthly Service - December 1, 2022 - December 31, 2022
Potentia MN Solar 700-0000-4320 440.00 2/16/2023 Monthly Service - December 1, 2022 - December 31, 2022
Potentia MN Solar 101-1190-4320 874.54 2/16/2023 Monthly Service - December 1, 2022 - December 31, 2022
2,001.65 2/16/2023
Potentia MN Solar 2,001.65
PRECISE MRM LLC 101-1320-4300 273.00 2/9/2023 2022-12 Subscription - 10MB Flat Data
273.00 2/9/2023
PRECISE MRM LLC 273.00
REDPATH AND COMPANY, LLC 101-1130-4301 6,000.00 2/16/2023 Financial Audit December 31, 2022
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Last Name Acct 1 Amount Check Date Description
6,000.00 2/16/2023
REDPATH AND COMPANY, LLC 6,000.00
Safe-Fast, Inc.700-0000-4120 206.16 2/9/2023 16X.125 Zenesis AP Blade
Safe-Fast, Inc.701-0000-4120 206.17 2/9/2023 16X.125 Zenesis AP Blade
Safe-Fast, Inc.101-1320-4120 206.17 2/9/2023 16X.125 Zenesis AP Blade
618.50 2/9/2023
Safe-Fast, Inc. 618.50
SRF CONSULTING GROUP INC 101-1310-4303 3,957.57 2/16/2023 Minnetonka Middle School Roundabout Visualization
3,957.57 2/16/2023
SRF CONSULTING GROUP INC 3,957.57
Sun Life Financial 101-0000-2011 630.33 2/9/2023 Life Insurance - February
Sun Life Financial 700-0000-2011 45.23 2/9/2023 Life Insurance - February
Sun Life Financial 101-0000-2015 1,253.45 2/9/2023 LTD- February
Sun Life Financial 701-0000-2037 158.64 2/9/2023 Life Insurance - February
Sun Life Financial 701-0000-2011 29.02 2/9/2023 Life Insurance - February
Sun Life Financial 700-0000-2015 89.68 2/9/2023 LTD- February
Sun Life Financial 101-0000-2037 1,003.30 2/9/2023 Life Insurance - February
Sun Life Financial 101-0000-2011 24.00 2/9/2023 Life Insurance - Cobra
Sun Life Financial 700-0000-2037 158.64 2/9/2023 Life Insurance - February
Sun Life Financial 701-0000-2015 57.54 2/9/2023 LTD- February
Sun Life Financial 720-0000-2011 18.20 2/9/2023 Life Insurance - February
Sun Life Financial 720-0000-2015 36.07 2/9/2023 LTD- February
3,504.10 2/9/2023
Sun Life Financial 3,504.10
UHL Company Inc 101-1190-4510 991.75 2/9/2023 Chanhassen Public Library work
AP - Check Detail-ACH (2/17/2023)Page 8 of 10
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Last Name Acct 1 Amount Check Date Description
991.75 2/9/2023
UHL Company Inc 991.75
Ultimate Events, Inc 101-1611-4402 376.50 2/9/2023 Restock Fee FebFest Tent
376.50 2/9/2023
Ultimate Events, Inc 376.50
Universal Athletic Services, Inc.101-1766-4130 1,254.00 2/16/2023 Summer/Fall Softballs
1,254.00 2/16/2023
Universal Athletic Services, Inc. 1,254.00
VALLEY PAVING INC 601-6046-4751 20,550.52 2/9/2023 2022 Lake Lucy Road Rehab - Project 20-03
20,550.52 2/9/2023
VALLEY PAVING INC 20,550.52
WSB & ASSOCIATES INC 720-7025-4300 312.75 2/16/2023 2021 Pond Maintenance Project
WSB & ASSOCIATES INC 720-0000-4300 2,129.25 2/16/2023 2022 Water Resource Support Services
WSB & ASSOCIATES INC 720-0000-4300 1,975.00 2/16/2023 1811 Lake Lucy Ln Wetland Violation
WSB & ASSOCIATES INC 720-7025-4300 4,706.25 2/16/2023 2022 Pond Maintenance Project
9,123.25 2/16/2023
WSB & ASSOCIATES INC 9,123.25
XCEL ENERGY INC 101-1600-4320 76.60 2/9/2023 Monthly Service - 7599 Minnewashta pkwy
XCEL ENERGY INC 101-1350-4320 46.86 2/9/2023 Monthly Service - 1532 Lyman Blvd
XCEL ENERGY INC 101-1350-4320 134.09 2/9/2023 Monthly Service - 1701 Valley Ridge Trl, 1591 Heron Dr
XCEL ENERGY INC 101-1540-4320 1,286.26 2/9/2023 Monthly Service - Parks
XCEL ENERGY INC 101-1350-4320 61.31 2/9/2023 Monthly Service - 9000 Audubon Rd Unit Signal
XCEL ENERGY INC 700-7043-4320 5,903.31 2/9/2023 Monthly Service - 2100 Lake Harrison Rd
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Last Name Acct 1 Amount Check Date Description
XCEL ENERGY INC 101-1600-4320 242.43 2/9/2023 Monthly Service - 7598 Laredo Dr, 6950 Minnewashta Pkwy
XCEL ENERGY INC 101-1350-4320 27.43 2/9/2023 Monthly Service - Pedestrian Flashers - 6412 Chanhassen Rd
XCEL ENERGY INC 101-1350-4320 26,985.68 2/9/2023 Monthly Service - Signals/Lights
XCEL ENERGY INC 101-1600-4320 523.66 2/9/2023 Monthly Service - Parks
XCEL ENERGY INC 101-1350-4320 27.43 2/9/2023 Monthly Service - Pedestrian Flashers - 6328 Hazeltine Blvd
XCEL ENERGY INC 101-1550-4320 419.12 2/9/2023 Monthly Service - Parks
XCEL ENERGY INC 101-1350-4320 74.07 2/9/2023 Monthly Service - Service Walk Bridge, 500 Market St
XCEL ENERGY INC 700-0000-4320 224.14 2/9/2023 Monthly Service - 6431 Hazeltine Blvd
36,032.39 2/9/2023
XCEL ENERGY INC 36,032.39
208,805.92
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70
City Council Item
February 27, 2023
Item Approve an Encroachment Agreement between City of Chanhassen and Grant
and Julie Johnson
File No.Item No: D.6
Agenda Section CONSENT AGENDA
Prepared By Stacy Osen, Administrative Support Specialist
Reviewed By Charlie Howley
SUGGESTED ACTION
"The Chanhassen City Council approves an encroachment agreement allowing Grant and Julie
Johnson to keep a previously constructed retaining wall installed on the subject property that will
encroach into the city's easement area located at 6250 Murray Hill Road."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
BACKGROUND
The property owner of 6250 Murray Hill Road, (Grant and Julie Johnson) have previously constructed
and installed a retaining wall on the property, which is legally described as Lot 3, Block 1, Murray
Hillside One. This retaining wall encroaches into the city's easement areas. In order to keep the retaining
wall property owner must enter into an encroachment agreement with the city.
DISCUSSION
The attached encroachment agreement was drafted by the City Attorney's office. The property owner
has signed the encroachment agreement which requires City Council approval before the permit can be
71
issued. Specific conditions are outlined in the agreement. Upon city approval and execution, the
encroachment agreement will be recorded against the property.
BUDGET
RECOMMENDATION
Staff recommends City Council approve the Encroachment Agreement.
ATTACHMENTS
Encroachment Agreement-6250 Murray Hill Road
72
225190v1
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2023, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation (“City”), and GRANT
JOHNSON and JULIE JOHNSON, married to each other (“Johnsons” or “Owners”).
1. BACKGROUND. Johnsons are the fee owners of certain real property located in
the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows:
Parcel ID No. 25.5490030
Lot 3, Block 1, Murray Hillside One
(abstract)
having a street address of 6250 Murray Hill Road, Chanhassen, Minnesota 55331 (“Subject
Property”). The City owns easements for drainage and utility purposes over portions of the
Subject Property (“Easement Areas”). A retaining wall was previously constructed and installed
on the Subject Property and the Johnsons desire to keep the retaining wall located on the Subject
Property which encroaches on the City’s Easements Areas as depicted on the attached Exhibit
“A”.
73
225190v1
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas on the Subject Property for the retaining wall subject to the
conditions set forth in this Agreement. Further conditions of encroachment approval are as
follows:
• The City shall have no responsibility to maintain or repair the retaining wall located
within the Easement Areas.
• The retaining wall located on the Subject Property must not impact or increase water
drainage on the abutting properties or cause any adverse drainage patterns or erosion
to the abutting properties.
• The Owners, their heirs, successors and assigns, are fully responsible and liable for
any and all damage caused to the retaining wall within the Easement Areas.
• The Owners of the Subject Property will own and maintain the retaining wall.
Further, Owners agree that the retaining wall was constructed consistent with all
applicable federal, state and local laws and regulations.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, Owners, for themselves, their heirs and assigns, hereby agree to
indemnify and hold the City harmless from any damage caused to the Subject Property,
including the retaining wall located in the Easement Areas, caused in whole or in part by the
encroachment into the Easement Areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time if it is reasonably necessary for the City to occupy the
Easement Areas by giving the then owner of the Subject Property thirty (30) days advance
written notice, except that no notice period will be required in the case of an emergency
condition as determined solely by the City and this Agreement may then be terminated
immediately. The property owner shall remove that portion of the retaining wall to the extent it
impacts the Easement Areas to the effective date of the termination of this Agreement. If the
owner fails to do so, the City may remove the retaining wall to the extent it impacts the
Easement Areas and charge the cost of removal back to the owner for reimbursement.
74
225190v1
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
CITY OF CHANHASSEN
By ___________________________________
(SEAL) Elise Ryan, Mayor
And __________________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2023, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor
and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
____________________________________
Notary Public
75
225190v1
PROPERTY OWNERS:
_____________________________________
Grant Johnson
_____________________________________
Julie Johnson
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ______ day of
__________________, 2023, by Grant Johnson and Julie Johnson, married to each other.
____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
76
225190v1
EXHIBIT “A”
77
City Council Item
February 27, 2023
Item Authorize Replacement of Civil Defense Siren Control Equipment for Four
Emergency Sirens
File No.N/A Item No: D.7
Agenda Section CONSENT AGENDA
Prepared By Charlie Howley, Director of Public Works/City Engineer
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council authorizes the work to replace the control equipment for four of the
City's emergency management sirens."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
Chanhassen has nine (9) civil defense notification sirens located throughout the city (see attached map
for locations). The sirens and their components are inspected each year. It was found that the control
equipment for four of the sirens are in need of replacement due to rusting and other deterioration. It is
imperative to our emergency management program that the sirens are in good working order.
BACKGROUND
N/A
DISCUSSION
N/A
78
BUDGET
The city will procure the equipment directly and hire a contractor to install. This project has been
identified in the Capital Improvement Plan as CIP Project No. PS-001 with a budget of $45,000.
ITEM COST
Equipment Procurement $ 27,144.00
Contractor Install $ 14,320.00
Total $ 41,464.00
RECOMMENDATION
Staff recommends approval of the siren component replacement work.
ATTACHMENTS
Equipment Quote
Emergency Siren Map
Form of Agreement - Ready Watt Electric
79
80
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Regional Park
North
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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
Bluff Creek
Golf Course
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Park Preserve
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Arboretum
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Scientific
& Nat*
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Document Path: K:\Departments\Engineering\Sirens\Siren Locations\Siren Locations.aprxDate Created: 7/2/2021
Created By: City of Chanhassen - Engineering Department µ0 3,000
Feet
0 0.5
Mile
Emergency Management Warning Sirens
City of Chanhassen
Legend
Sirens - City Assets
Sirens - Outside the City
81
G:\ENG\CONTRACTS\EMERGENCY NOTIFICATION SIRENS\FORM OF AGREEMENT - READY WATT
ELECTRIC_CHANHASSEN_2023 SIREN CONTROLS REPLACEMENT.DOCX
1
NON-BID CONTRACT
FOR PURCHASE OF GOODS AND SERVICES
AGREEMENT made this 28th day of February, 2023, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and Ready Watt Electric
("Contractor").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
“Contract Documents,” all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Agreement.
B. Contractor’s Quote No. 22-677, dated 08/03/2022 (Attached)
In the event of a conflict among the provisions of the Contract Documents, the order in which
they are listed above shall control in resolving any such conflicts. Contract Document “A” has the
first priority and Contract Document “B” has the last priority.
2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods,
services and perform the work in accordance with the Contract Documents (“Work”). Contractor
shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all
things necessary and ancillary thereto specified in the Contract Documents.
3. CONTRACTOR’S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents and other
related data identified in the Contract Documents.
B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, and performance of the Work.
C. Contractor has given City written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written resolution
thereof by City is acceptable to Contractor.
D. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
4. COMPENSATION. Contractor shall be paid by the City for the goods and services
described in Paragraph 2 in accordance with the Quote, but not to exceed $ 14,320.00 which is
inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of
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2
hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment
shall be made periodically after a service has been completed and within thirty-five (35) days of
receipt of an invoice.
5. COMPLETION DATE. The Contractor shall complete the Work on or before
August 1, 2023.
6. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship and materials and upon notification by the City shall immediately replace or repair the
defective workmanship and materials without cost to the City. The Contractor warrants that only new
unused materials will be used. The Contractor further warrants to the City that all materials and
services furnished under the Contract will be in conformance with Contract Documents and that the
goods are of merchantable quality and are fit for the use for which they are sold. These warranties are
in addition to any manufacturer's standard warranty, and any warranty provided by law.
7. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents, and the rights and
remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations,
rights and remedies otherwise imposed or available by law.
B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of
any right or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of, or acquiescence in, any breach there under, except as may be specifically
agreed in writing.
8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any
time, or from time to time, order additions, deletions or revisions in the work provided under this
Agreement; these will be authorized by an amendment to the Contract. Upon approval of an
amendment, Contractor shall proceed with the work provided under the amendment. Changes in
the Contract Price shall be based upon the prices identified in the Quote provided or negotiated
between the parties based on similar work provided in the Proposal.
9. UNAUTHORIZED WORK. Additional work performed without authorization
of an amendment of this Contract will not entitle Contractor to an increase in the Compensation
or an extension of the Contract.
10. DOCUMENTS. The City shall be the owner of all documents, reports, studies,
analysis and the like prepared by the Contractor in conjunction with this contract.
11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of goods and services to be provided.
12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill,
and diligence in the performance of the services as is ordinarily possessed and exercised by a
professional Contractor under similar circumstances. No other warranty, expressed or implied, is
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3
included in this Agreement. City shall not be responsible for discovering deficiencies in the
accuracy of Contractor’s services.
13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to
defend, indemnify and hold harmless the City, and its employees, officials, and agents from and
against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Contractor’s negligence or its performance or failure to perform its obligations under this
Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly
or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable.
Contractor agrees this indemnity obligation shall survive the completion or termination of this
Contract.
14. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City
a certificate of insurance showing proof of the required insurance required under this
Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, such insurance as shall protect
Contractor and the City for work covered by the Contract including workers’ compensation claims
and property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Contractor or anyone directly or indirectly employed by
either of them. The minimum amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements
of the State of Minnesota, including Employer’s Liability with minimum limits are
as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Contractor’s insurance must be “Primary and Non-Contributory”.
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All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained
with responsible insurance companies organized under the laws of one of the states of the United
States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees
and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed
with the City. A copy of the endorsement must be submitted with the certificate of insurance.
Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded
under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice
to the City, or ten (10) days’ notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy
limits on a follow-form basis to satisfy the full policy limits required by this Contract.
15. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an
independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is
not an employee of the City and is free to contract with other entities as provided herein. Contractor
shall be responsible for selecting the means and methods of performing the work. Contractor shall
furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under
this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner
represent that Contractor or any of Contractor's agents or employees are in any manner agents or
employees of the City. Contractor shall be exclusively responsible under this Agreement for
Contractor's own FICA payments, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or
taxes are required to be paid by law or regulation.
16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Contractor shall
comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed
services provided by Subcontractor within ten days of Contractor’s receipt of payment from City.
Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on
any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10.
17. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
18. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
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.
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5
20. CONTROLLING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
21. COPYRIGHT. Contractor shall defend actions or claims charging infringement
of any copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and it shall hold harmless the City from loss or damage resulting
there from.
22. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records
of time and expense involved in the performance of services. Pursuant to Minnesota Statutes §
16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City
and Contractor relevant to the Agreement are subject to examination by City and Contactor, and
either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to
maintain these records for a period of six years from the date of performance of all services covered
under this Agreement.
23. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this
Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were
a government entity. In the event Contractor receives a request to release data, Contractor must
immediately notify City. City will give Contractor instructions concerning the release of the data to
the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
24. TERMINATION. This Agreement may be terminated by City on two (2) days’
written notice delivered to Contractor at the address on file with the City. Upon termination under
this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services
rendered and reimbursable expenses until the effective date of termination. If the City terminates the
Agreement because the Contractor has failed to perform in accordance with this Agreement, no
further payment shall be made to the Contractor, and the City may retain another Contractor to
undertake or complete the work identified in this Agreement.
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6
Dated:__________________, 2023 CITY OF CHANHASSEN
By:
Laurie Hokkanen, City Manager
Dated:__________________, 2023 READY WATT ELECTRIC
By:
Print Name:_________________________________
Its:________________________________________
87
Estimate
Date
8/3/2022
Estimate #
22-677
Name / Address
City of Chanhassan
7700 Market Blvd
Po Box 147
Chanhassan MN 55317
Attention: Chief Don Johnson
21269 Jarvis Street NW
Nowthen, MN 55330
PH: 763-241-4944
Fax: 763-241-5245
Project
22-677 Siren Box Replacement
We look forward to doing business with you.
Rob Schiller 612-221-4983
Signature
Total
www.readywattelectric.com
RSchiller@readywattelectric.com
Description
Price to include removing old control - battery boxes in Siren #3, #4, #7, #8 that are very rusted causing
water and ants to get inside. Install new City's supplied aluminum boxes wire install batteries, antenna and
test.
_____________________________________
ACCEPTANCE OF PROPSAL
(must be signed and returned for work to begin)
NOTE: This propsal may be withdrawn by Ready Watt Electric if not accepted with in 15 days.
The above prices, specifications and conditions are satisfactory and are herby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
$14,320.00
88
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Center
Lake Susan
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Document Path: K:\Departments\Engineering\Sirens\Siren Locations\Siren Locations.aprxDate Created: 7/2/2021
Created By: City of Chanhassen - Engineering Department µ0 3,000
Feet
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Mile
Emergency Management Warning Sirens
City of Chanhassen
Legend
Sirens - City Assets
Sirens - Outside the City
89
City Council Item
February 27, 2023
Item Approve Software and Services Purchase Agreement for BS&A Cloud Upgrade
File No.Item No: D.8
Agenda Section CONSENT AGENDA
Prepared By Rick Rice, IT Manager
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council approves the Software and Services Purchase Agreement for BS&A
Cloud Upgrade."
Motion Type Simple Majority Vote of members present
Strategic
Priority Operational Excellence
SUMMARY
BACKGROUND
The city purchased a BS&A Community Development software solution in 2020 as a replacement for
the existing Springbrook Software Permitting application. The city was seeking an online permitting
option and a solution that managed the entire permit processes across all departments. This was not
available from Springbrook Software and was included in the BS&A solution.
The BS&A Community Development software was only available as an on-premises application at the
time of purchase. It requires an on-premises network server and a separate client software application
for each of the Building Department Inspectors Tablet PCs. The Inspectors must download their
inspections to the tablets first and then upload them again when they return to City Hall.
The conversion from Springbrook to BS&A occurred during the COVID event. The training which was
90
scheduled to be done onsite had to be done remotely. This did affect the time to fully implement the
solution across all the city departments.
DISCUSSION
BS&A developed a cloud hosted solution in 2021 which is browser based and eliminates the need for
the Field Inspection module. This simplifies the inspection process by eliminating the need to synch the
permit data and allow all users to use a single software application. This version also adds features
which are not available in the on-premises version. These include customizable dashboards for each
department or function, unlimited custom data fields for use in online permits and the integration with
Laserfiche which is expected to be released this fall. This project also includes onsite training for all
departments.
BUDGET
This project was approved in the 2023 CIP budget. The budgetary quote received on July 22, 2021 was
in the amount of $63,965. The current quote received for this upgrade is $80,430. The new quote
includes both price increases and additional training hours for the purpose of creating new cross-
departmental workflows. In the event the additional training hours are not needed that amount will be
credited back to the city.
RECOMMENDATION
Staff recommends the approval of the Software and Services Purchase Agreement for BS&A Cloud
Upgrade in the amount of $80,430, contingent upon the approval of the contract by the City Attorney.
ATTACHMENTS
Resolution
IT CIP 2023-2027
BS&A Cloud Proposal
BS&A Cloud Contract
91
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 27, 2023 RESOLUTION NO:2023-XX
MOTION BY: SECONDED BY:
RESOLUTION APPROVING THE PURCHASE AGREEMENT FOR BS&A CLOUD
UPGRADE
WHEREAS; the city currently uses a BS&A Community Development software solution
to manage the building permitting processes; and
WHEREAS; the current version is hosted on a local network server requiring a separate
client application to process inspections in the field and cannot be utilized from a direct remote
connection; and
WHEREAS; the current version has limitations affecting online permit development for
other city departments; and
WHEREAS; a cloud-hosted upgrade is available which simplifies the inspection and
permitting processes, provides customizable user interfaces for each department or function; and
WHEREAS; the upgrade will include training for all city departments and the creation of
new more efficient workflows.|
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Chanhassen, Minnesota approves the Software and Services Purchase Agreement for BS&A
Cloud Upgrade in the amount of $80,430.
PASSED AND ADOPTED by the Chanhassen City Council this 27
th day of February,
2023.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
92
Project Number:T-016 Department:Tech Capital Purchases
Total Capital Cost:$63,930.00 Type:Capital Equipment
Request description:
Capital Costs FY2023 Total
Software $63,930.00 $63,930.00
Installation $0.00
Other $0.00
Total $63,930.00 $63,930.00
Funding Source FY2023 Total
Technology Capital - Fund 400 $63,930.00 $63,930.00
Utility Fund - Water $0.00
Utility Fund - Sewer $0.00
Utility Fund - SW Mgmt $0.00
Total $63,930.00 $63,930.00
New Purchase or Replacement
IT - BS&A Cloud-Hosted Service Migration
This project is for the migration of the City’s current on-premises BS&A permitting and code enforcement software to BS&A’s cloud-hosted service.
Migration to the cloud-hosted service will result in efficiencies and fewer errors for the Building Inspections Department. Currently, inspectors must copy and paste data
when out in the field as the system does not sync when not in the office.
Annual software maintenance fees and online permit application fees are funded from the General Fund.
Additional Information
Upgrade
93
BS&A Software
14965 Abbey Lane Bath MI 48808
(855) BSA-SOFT / fax (517) 641-8960
bsasoftware.com
Proposal for:
City of Chanhassen, Carver County MN
February 10, 2023
Quoted by: Dan J. Burns, CPA
Software and Services for BS&A Cloud Upgrade
Thank you for the opportunity to quote our software and services.
At BS&A, we are focused on delivering unparalleled service, solutions, support, and customer satisfaction. You’ll
see this in our literature, but it’s not just a marketing strategy... it’s a mindset deeply embedded in our DNA. Our
goal is to provide such remarkable customer service that our customers feel compelled to remark about it.
We are extremely proud of the many long-term customer relationships we have built. Our success is directly
correlated with putting the customer first and consistently choosing to listen. Delivering unparalleled customer
service is the foundation of our company.
94
City of Chanhassen, Carver County MN | February 10, 2023
Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com
Page 2 of 6 Prices good for a period of 90 days from date on proposal
Cost Summary
Software is licensed for use only by municipality identified on the cover page. If used for additional entities or agencies,
please contact BS&A for appropriate pricing. Prices listed are estimates based on information currently available.
Upgrade - Cloud Modules
Community Development
$8,560 Building Department
BS&A Online
$0 Community Development
Permit Application Feature - Enables contractors and the general public to submit permit applications online
(A fee of $3/application is accumulated and billed to the municipality).
Subtotal $8,560
Project Management and Implementation Planning
Services include:
- Analyzing customer processes to ensure all critical components are addressed.
- Creating and managing the project schedule in accordance with the customer's existing processes and needs.
- Planning and scheduling training around any planned process changes included in the project plan.
- Modifying the project schedule as needed to accommodate any changes to the scope and requirements of the project that are
discovered.
- Providing a central contact between the customer’s project leaders, developers, trainers, IT staff, conversion staff, and other
resources required throughout the transition period.
- Installing the software and providing IT consultation for network, server, and workstation configur ation and requirements.
- Reviewing and addressing the specifications for needed customizations to meet customer needs (when applicable).
$15,950
95
City of Chanhassen, Carver County MN | February 10, 2023
Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com
Page 3 of 6 Prices good for a period of 90 days from date on proposal
Implementation and Training
- $1,100/day
- Days quoted are estimates; you are billed for actual days used
Services include:
- Setting up users and user security rights for each application
- Performing final process and procedure review
- Configuring custom settings in each application to fit the needs of the customer
- Setting up application integration and workflow methods
- Onsite verification of converted data for balancing and auditing purposes
- Training and Go-Live
Software Setup Days: 6 $6,600
Community Development Modules Days: 20 $22,000
Total: 26 Subtotal $28,600
Post-Go Live Assistance
- Review and consult on streamlining day-to-day activities as they relate to the processes within the BS&A modules
- Assist customers with more detailed and advanced report options available within the BS&A modules
- Revisit commonly-used procedures discussed during training
- As needs arise, provide assistance with bank reconciliations
- $1,100/day
- Days quoted are estimates; you are billed for actual days used
Post-Go Live for all modules for which training was performed Days: 4 $4,400
96
City of Chanhassen, Carver County MN | February 10, 2023
Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com
Page 4 of 6 Prices good for a period of 90 days from date on proposal
Cost Totals
Not including Annual Service Fees
Modules $8,560
Project Management and Implementation Planning $15,950
Implementation and Training $28,600
Post-Go Live Assistance $4,400
Total Proposed $57,510
Travel Expenses $20,920
Hosting Fees $2,000
Payment Schedule
1st Payment: $15,950 to be invoiced upon execution of this agreement.
2nd Payment: $10,560 to be invoiced at activation of customer’s site.
3rd Payment: $53,920 to be invoiced upon completion of training.
97
City of Chanhassen, Carver County MN | February 10, 2023
Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com
Page 5 of 6 Prices good for a period of 90 days from date on proposal
Cloud Annual Service Fees
Unlimited support is included in your Annual Service Fee. Service Fees are billed annually. After two (2) years, BS&A Softwar e reserves the
right to increase the Annual Service Fee by no more than the yearly Consumers Price Index for All Urban Consumers U.S. city average
(CPI-U).”
Community Development
$8,560 Building Department
BS&A Online
$5,135 Community Development
Total Annual Service Fees $13,695
Hosting Fees
Fees relating to the hosting and storage of data through Microsoft Azure are to be billed annually, for all modules included above.
$2,000
98
City of Chanhassen, Carver County MN | February 10, 2023
Dan J. Burns, CPA, Account Executive | (855) 272-7638 | dburns@bsasoftware.com
Page 6 of 6 Prices good for a period of 90 days from date on proposal
Additional Information
Program Customization
BS&A strives to provide a flexible solution that can be tailored to each municipality's needs. However, in some cases, custom work may
be required. Typical examples include:
• custom payment import/lock box import
• custom OCR scan-line
• custom journal export to an outside accounting system
• custom reports
If you require any custom work, please let us know so that we can better understand the scope of your request and include that in a
separate proposal.
Additional Training - Building Department Report Designer
Most of our Building Department customers heavily use our Report Designer, which is included free with the program . Report Designer
Training is not included in the training quoted on this proposal and is highly recommended. You may attend a class at our office in Bath
Township, or we can train at your location. Report Designer Training is typically completed in one day.
Please check the option you are interested in. Report Designer Training will be scheduled after successful implementation and training
of your Building Department software.
___ Classroom training, $205/person/day
___ On-site training (unlimited attendees), $1,100/day, travel not included
BS&A Online
Connection Requirements
BS&A Cloud modules require a high-speed internet connection (cable modem or DSL).
Payment Processing Requirements
Acceptance of online payments requires a contract with one of BS&A’s approved Online Credit Card Processing com panies. Please visit
https://www.bsasoftware.com/solutions/bsaonline/public-records-search/ for information.
99
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement, including the attached Exhibits (“Agreement”), is entered into by and between
Bellefeuil, Szur & Associates, Inc. ("BSA"), a Michigan corporation and the City of Chanhassen, Carver County MN
(“Customer”), effective the date of the signature of the last Party to sign the Agreement (“Effective Date”). Each party to
the Agreement is referred to as a “Party” and the parties, collectively, are referred to as “Parties.”
This Agreement sets the terms and conditions under which BSA will furnish certain Software as a Service (“SaaS”) and
certain professional services described herein to Customer.
SECTION A – SAAS SERVICES
1. Rights Granted.
1.1. Upon the Effective Date, subject to the terms of this Agreement and Customer’s ongoing compliance
therewith, BSA hereby grants to Customer a non-exclusive, non-transferable, and non-assignable license to
use the BSA Software Products. “BSA Software Product(s)” means, the: (i) BSA Software as a Service set forth
in Schedule 1 to Exhibit A; (ii) related interfaces and customizations; (iii) BSA manuals, BSA official
specifications, and BSA user guides provided in or with BSA software products set forth in Schedule 1 to
Exhibit A (“Documentation”); and (iv) all modifications to the BSA software products set forth in Schedule
1 to Exhibit A, including, but not limited to, fixes, new versions, new releases, updates, upgrades,
corrections, patches, work-arounds (collectively, “Modifications”). For the avoidance of doubt,
Documentation does not include advertising, other general statements about products, or statements by
sales or other staff members.
1.2. Customer acknowledges that BSA will not ship copies of the BSA Software Products as part of the SaaS
Services.
2. Restrictions. Customer will not (i) sublicense, modify, adapt, translate, or otherwise transfer, reverse compile,
disassemble or otherwise reverse engineer BSA Software Products or any portion thereof without prior written
consent of BSA; (ii) access or otherwise use the BSA Software Products to create or support, and/or assist a third
party in creating or supporting software products competing with the BSA Software Products; or (iii) assign,
disclose, display, distribute, host, lease, license, outsource, permit timesharing or service bureau use, rent, sell,
transfer or otherwise use the BSA Software Products for any commercial use other than fulfilling Customers own
internal business purposes. Without limiting the foregoing, the BSA Software Products may not be modified by
anyone other than BSA. If Customer modifies the BSA Software Products without BSA’s prior written consent, any
BSA obligation to provide support services on, and the warranty for, the BSA Software Products will be void. All
rights not expressly granted are reserved.
3. SaaS Fees. Customer agrees to pay BSA, and BSA agrees to accept from Customer as payment in full for the rights
granted herein, the SaaS fees set forth in Schedule 1 to Exhibit A.
4. Ownership.
4.1. BSA retains all ownership and intellectual property rights to the SaaS Services, the BSA Software Product(s),
and anything developed by BSA under this Agreement. Customer does not acquire under this Agreement any
license to use the BSA Software Product(s) beyond the scope and/or duration of the SaaS Services. Customer
agrees not to challenge such rights and hereby assigns any and all copyrights and other intellectual property
rights in and to the BSA Software Products to BSA and agrees to execute any and all documents necessary to
effect the purpose of this paragraph. “Intellectual property rights” means all trademarks, copyrights, patents,
trade secrets, moral rights, know-how, and all other proprietary rights.
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4.2. Customer retains all ownership and intellectual property rights to the data.
5. Limited Software Warranty.
5.1. BSA warrants, for the term of use granted, that the BSA Software Products will perform without material defects
in workmanship or materials. Customer’s exclusive remedy in the event of a breach of this warranty shall be to
have BSA use reasonable efforts, consistent with industry standards, to repair or replace the non-conforming
BSA Software Product so as to render it conforming to the warranty, in accordance with the maintenance and
support process set forth below in Exhibit C and BSA’s then current Support Call Process.
5.2. THE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS OR
WARRANTIES RELATING IN ANY WAY TO THE BSA SOFTWARE PRODUCTS INCLUDING, BUT NOT LIMITED TO,
THEIR FEATURES, ATTRIBUTES, FUNCTIONALITY, AND PERFORMANCE. THE FOREGOING LIMITED SOFTWARE
WARRANTY IS IN LIEU OF ALL SUCH REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. BSA
DOES NOT REPRESENT OR WARRANT THAT THE BSA SOFTWARE PRODUCTS WILL MEET ANY OR ALL OF
CUSTOMER’S PARTICULAR REQUIREMENTS, THAT THE OPERATION OF THE BSA SOFTWARE PRODUCTS WILL
OPERATE ERROR FREE OR UNINTERRUPTED, OR THAT ALL PROGRAMMING ERRORS IN THE BSA SOFTWARE
PRODUCTS CAN BE FOUND IN ORDER TO BE CORRECTED.
6. One Year Money Back Guarantee. BSA offers a one (1) year Money Back Guarantee on all SaaS products. If, for
any reason, Customer is not satisfied with the BSA Software Product, Customer may cancel service within one (1)
year of the date that the BSA Software Product becomes available for use (“Activation Date”), for a full refund of
the SaaS Fees, as identified in Schedule 1 to Exhibit A. Customer must notify BSA of intention to terminate at
least thirty (30) days prior to the end of the one (1) year period.
7. SaaS Services.
7.1. Customer will utilize shared hardware in a data center, but in a database dedicated to Customer’s use, which
is not accessible to other customers.
7.2. Microsoft Azure data centers, or any replacement data centers utilized by BSA during the term of this
Agreement are accessible only by authorized personnel, for specific business purposes, with prior approval
required.
7.3. Data centers utilized by BSA will have redundant telecommunications access, electrical power, and the
necessary hardware to provide access to the BSA Software Products in the event of a disaster or component
failure. In the event any of Customer’s data is lost or damaged due to a negligent act or omission of BSA, or
due to a defect in the BSA Software Product, BSA will use reasonable commercial efforts to restore data on
servers in accordance with the system capabilities and with the objective of minimizing any data loss possible.
BSA’s systems are reasonably designed to ensure that the recovery point shall not exceed a maximum of
twenty-four (24) hours from declaration of disaster. For purposes of this section, the declaration of disaster
shall be declared by BSA in response to issues discovered by BSA, or upon confirmation of issues relayed by
Customer to BSA. Said declaration of disaster will not be unreasonably withheld by BSA.
7.4. In the event that a backup must be restored due to a declaration of disaster, or database failure, BSA will be
responsible for importing backup data and verifying that Customer can log in. Customer will be solely
responsible for running reports and testing critical processes to verify the restored data.
7.5. BSA’s systems are reasonably designed to ensure that, access to the BSA Software Products can be restored
within one (1) business day of the declaration of disaster.
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7.6. Customer will not attempt to reverse engineer, bypass, or otherwise subvert security restrictions in the BSA
Software Products or the SaaS environment related to the BSA Software Products. Unauthorized attempts to
access files, passwords, other confidential information, or unauthorized vulnerability and penetration testing
of BSA’s system (hosted or otherwise) is prohibited without the prior express written approval of BSA.
SECTION B – PROFESSIONAL SERVICES
8. Professional Services. BSA shall provide the services (“Professional Services”) set forth in Schedule 2 to Exhibit
A, for the prices indicated, provided Customer fulfills its obligations set forth in this Agreement. BSA and Customer
may enter into future Statements of Work, which shall become part of this Agreement. Future Statements of Work
resulting from a change in scope to the contracted services may necessitate Change Orders to indicate changes to
the agreed upon scope of work and any increase or decrease in costs related to the change in scope. Customer
acknowledges that the fees stated in the Cost Summary are good-faith estimates of the amount of time and
materials required for Customer’s implementation. BSA will bill Customer for the actual fees incurred based on the
services provided to Customer.
9. Change Orders. In the event of a change in the agreed upon project scope for professional services not covered
or otherwise included in the existing Agreement, Customer shall deliver to BSA’s Project Manager a written change
order and specify in such change order the proposed work with sufficient detail to enable BSA to evaluate it
(“Change Order”). BSA may, at its discretion, prescribe the format of the Change Order. BSA shall provide the
Customer with an evaluation of the Change Order, which may include a written proposal containing the following:
(i) implementation plan; (ii) the timeframe for performance; and (iii) the estimated price for performance of such
change, based on the then current rates for said services. Upon execution, all Change Orders shall be governed by
the terms and conditions of this Agreement, unless mutually agreed upon otherwise in writing. Customer
acknowledges that such Change Orders may affect the implementation schedule and dates otherwise established
as part of the project plan. The implementation schedule and schedule of activities for contracted services (the
“Project”) shall be established based on a timeline mutually agreed upon between the Parties following the
execution of this Agreement.
10. License and Ownership.
10.1. All rights, including intellectual property rights, in and to work product delivered as a result of Professional
Services under this Agreement shall be owned by BSA. For the avoidance of doubt, work product that
constitutes a BSA Software Product, or portion thereof shall be governed by Section A of this Agreement,
including Section 1.1 thereof.
10.2. Subject to Section 9.1 and Customer’s compliance with this Agreement (including payment in full), BSA grants
to Customer a non-exclusive, non-transferrable, and non-assignable license to use the work product and the
intellectual property rights therein for Customer’s internal business purposes only.
11. Cancellation. In the event Customer cancels or reschedules Professional Services (other than for Force Majeure or
breach by BSA), and without prejudice to BSA’s other rights and remedies, Customer is liable to BSA for: (i) all non-
refundable expenses actually incurred by BSA on Customer’s behalf; and (ii) daily Project Management or Training
fees associated with the cancelled Professional Services (in accordance with the daily fee rate), if less than thirty
(30) days advance notice is given regarding the need to cancel or reschedule and BSA cannot reasonably reassign
its affected human resources to other projects where comparable skills are required.
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12. Limited Professional Services Warranty.
12.1. BSA warrants that its Professional Services will be performed in a professional and workmanlike manner,
consistent with industry standards. In the event of a breach of the foregoing warranty and a claim in accordance
with the breach, BSA’s sole obligation and Customer’s exclusive remedy with respect to such claim will be to
have BSA reperform the portion of the Professional Services with respect to which the warranty has been
breached, to bring it into compliance with such warranty. Any claim for breach of the foregoing warranty must
be made by notice to BSA within thirty (30) days of performance of the portion of the Professional Services
with respect to which the claim is made or said claim shall be deemed waived.
12.2. THE FOREGOING LIMITED PROFESSIONAL SERVICES WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS
OR WARRANTIES RELATING TO THE PROFESSIONAL SERVICES, EXPRESS OR IMPLIED. INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW, OR FROM THE COURSE OF DEALING OR USAGE OF TRADE.
13. Customer Site Access and Assistance.
13.1. Customer agrees and acknowledges that the implementation of the BSA Software Products is a cooperative
process requiring time and resources of Customer personnel. Customer shall, and shall cause Customer
personnel to, use all reasonable efforts to cooperate with and assist BSA as may be reasonably required to
meet the project deadlines and other project milestones agreed to by the Parties for implementation. BSA shall
not be liable for failure to meet such deadlines and milestones when such failure is due to force majeure (as
defined in Section 30, below) or to the failure by Customer personnel to provide such cooperation and
assistance (either through action or omission.)
13.2. At no cost to BSA, Customer agrees to provide to BSA full access to and use of personnel, facilities, and
equipment as reasonably necessary for BSA to provide implementation and training services. Such access will
be subject to any reasonable security protocols or written policies provided to BSA prior to Effective Date of
this Agreement, or mutually agreed to thereafter.
SECTION C – MAINTENANCE AND SUPPORT
14. Maintenance and Support Generally.
14.1. For a one (1) year period, commencing on the Activation Date, and subject to Customer’s compliance with the
Agreement, BSA will provide, at no charge to Customer, “Maintenance and Support”, meaning the following;
(i) Modifications (such as patches, corrections and updates) as are generally provided at no additional charge
by BSA to BSA customers; and (ii) technical support assistance, as further described in Section 14, during BSA’s
normal business hours.
14.2. Commencing one (1) year from the Activation Date, Maintenance and Support will continue to be provided
subject to compliance with the terms of the Agreement and payment of the SaaS Fees outlined in Exhibit B.
14.3. BSA guarantees that the annual SaaS Fees, as set forth in Exhibit B will not change for two (2) years from the
Activation Date. After that date, BSA reserves the right each year to increase the fee over the previous year by
no more than an amount that is proportionate to the increase (measured from the beginning of such previous
year) in the Consumer Price Index as set forth by the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Index – All Urban Customers – U.S. City Average (CPI-U), or a similar measure should such data
become unavailable.
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14.4. Maintenance and Support and the SaaS fee do not include amounts that may be due for such items as
additional training, additional BSA Software Products, custom development work, hardware purchases, BSA
staff time to create or modify report writer based reports, configurable imports or exports, or data entry.
Additional fees may be payable for items charged on a per event basis, such as Permit Application Submission
Fees related to online permit applications.
15. Support.
15.1. With respect to Errors following expiration of the Limited Software Warranty, BSA’s sole obligation and
Customer’s sole remedy are set forth in this Section 15. Subject to Customer’s compliance with the terms of
the Agreement and payment of SaaS fees, BSA shall use commercially reasonable efforts, commensurate with
the severity level, to achieve its support response and resolution targets with respect to Errors as set forth in
Exhibit C. An “Error” means a verifiable and reproducible failure of a BSA Software Product to operate in
accordance with the Documentation under conditions of normal use and where the Error is directly attributable
to the BSA Software Product as updated with current Modifications. If the customer modifies the BSA Software
Products without BSA’s written consent, BSA’s obligation to provide support services on the BSA Software
Products will be void.
15.2. Support does not include the following: (i) installation or implementation of the BSA Software Products; (ii)
onsite training/support, remote training, application design, and other consulting services; (iii) support of an
operating system, hardware, or support outside of BSA’s normal business hours; (iv) support or support time
due to a cause external to the BSA Software Products adversely affecting their operability or serviceability,
which shall include, but not be limited to, water, fire, lightning, other natural calamities, misuse, abuse, or
neglect; (v) repair of the BSA Software Products modified in any way other than modifications made by BSA or
its authorized agents; and (vi) support of any other third-party vendors’ software, such as operating system
software, network software, database managers, word processers, etc. All such excluded Maintenance and
Support Services performed by BSA at Customer’s request shall be invoiced to Customer on a time and
materials basis, plus reasonable expenses associated therewith.
15.3. Notwithstanding anything to the contrary, Customer shall provide prompt notice of any Errors discovered by
Customer, or otherwise brought to the attention of Customer. Proper notice may include, without limitation,
prompt telephonic and written (either via e-mail or postal mail) notice to BSA of any purported Error. If
requested by BSA, Customer agrees to provide written documentation of Errors to substantiate those Errors
and to otherwise assist BSA in the detection and correction of said Errors. BSA will use its commercially
reasonable judgment to determine if an Error exists, and the severity of the Error.
15.4. Customer acknowledges and agrees that BSA and product vendors may require online access to the BSA
Software Product in order for BSA to provide Maintenance and Support Services hereunder. Accordingly,
Customer shall provide a high-speed internet connection to facilitate BSA’s remote access to the BSA Software
Products. BSA shall provide remote connection software, which may require installation of a software
component on a workstation or server computer.
SECTION D – THIRD PARTY PRODUCTS
16. Third Party Products.
16.1. BSA will sell, deliver and install onsite any hardware products not produced by BSA (“Third-Party Hardware”),
if purchased by Customer, for the prices set forth in Schedule 1 to Exhibit A, as modified by any subsequent
Change Order(s).
16.2. BSA shall not provide any warranty services on Third Party Hardware sold. BSA is not the manufacturer of the
Third-Party Products. To the extent applicable, BSA will grant and pass through to Customer any warranty that
BSA may receive from the supplier of the Third-Party Product(s).
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SECTION E – GENERAL TERMS AND CONDITIONS
17. BSA Proprietary Information.
17.1. Customer acknowledges that the information associated with or contained within the BSA Software Products
and information used in the performance of Professional Services include information relating to BSA Software
Products, BSA’s business, and the terms of this Agreement (the “Proprietary Information”).
17.2. Customer shall maintain in confidence and not disclose Proprietary Information, directly or indirectly, to any
third party without BSA’s prior written consent. Customer shall safeguard the Proprietary Information to the
same extent that it safeguards its own most confidential materials or data, but in no event shall the standard
implemented be less than industry standard. Proprietary Information shall be used by Customer solely to fulfill
its obligations under this Agreement. Customer shall limit its dissemination of such Proprietary Information to
employees within the Customer’s business organization who are directly involved with the performance of this
Agreement and have a need to use such Proprietary Information. Customer shall be responsible for all
disclosures by any person receiving Proprietary Information, by or through it, as if Customer itself disseminated
such information.
17.3. Proprietary Information shall not include any information that: (a) is or becomes publicly known through no
wrongful act of breach of any obligation of confidentiality by Customer; (b) was lawfully known to Customer
prior to the time it was disclosed to or learned by Customer in connection with this Agreement, provided that
such information is not known to Customer solely because of its prior business relationship with BSA; (c) was
received by Customer from a third party that is not under an obligation of confidentiality to BSA; or (d) is
independently developed by Customer for a party other than BSA without the use of any Proprietary
Information. The following circumstances shall not cause Proprietary Information to fall within any of the
exceptions (a) through (d) above: (i) a portion of such Proprietary Information is embraced by more general
information said to be in the public domain or previously known to, or subsequently disclosed to, the
Customer; or (ii) it is a combination derivable from separate sources of public information, none of which
discloses the combination itself.
17.4. If Customer is required, or anticipates that it will be required, to disclose any Confidential Information pursuant
to a court order or to a government authority, Customer shall, at its earliest opportunity, provide written notice
to BSA so as to give BSA a reasonable opportunity to secure a protective order or take other actions as
appropriate. Customer shall at all times cooperate with BSA so as to minimize any disclosure to the extent
allowed by applicable law.
18. Limitation on Liability and Damages. BSA’S ENTIRE LIABILITY AND RESPONSIBILITY FOR ANY AND ALL CLAIMS,
DAMAGES, OR LOSSES ARISING FROM THE BSA SOFTWARE PRODUCTS (INCLUDING BUT NOT LIMITED TO THEIR
USE, OPERATION AND/OR FAILURE TO OPERATE), PROFESSIONAL SERVICES, MAINTENANCE AND SUPPORT, ANY
THIRD-PARTY PERFORMANCE OR LACK THEREOF, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS
AGREEMENT, SHALL BE ABSOLUTELY LIMITED IN THE AGGREGATE FOR ALL CLAIMS TO DIRECT DAMAGES NOT IN
EXCESS OF THE INITIAL SAAS FEES PAID FOR THE FIRST YEAR OF SERVICE OF THE BSA SOFTWARE PRODUCTS
PLUS, TO THE EXTENT APPLICABLE, THE PURCHASE PRICE OF ANY PROFESSIONAL SERVICE SET FORTH IN THIS
AGREEMENT THAT GIVES RISE TO A CLAIM. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN, BSA
SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR CONTINGENT DAMAGES
OR EXPENSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN ANY WAY
OUT OF THIS AGREEMENT, BSA SOFTWARE PRODUCTS, ANY THIRD-PARTY PERFORMANCE, OR LACK THEREOF,
OR BSA’S PERFORMANCE, OR LACK THEREOF, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, LOSS OF REVENUE, PROFIT, OR LOSS OF USE. TO THE EXTENT THAT APPLICABLE
LAW DOES NOT PERMIT THE LIMITATIONS SET FORTH HEREIN, THE LIABILITY AND DAMAGES SHALL BE LIMTED
AND RESTRICTED TO THE EXTENT PERMITTED BY LAW.
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19. Additional Disclaimer. SUPPLIER PROVIDES NO WARRANTY FOR ANY THIRD-PARTY SOFTWARE AND/OR
HARDWARE, EXCEPT AS SET FORTH IN THIS AGREEMENT, SUPPLIER WILL NOT BE RESPONSIBLE FOR ANY THIRD-
PARTY SOFTWARE, THIRD-PARTY SERVICES AND/OR HARDWARE.
20. Indemnification for Intellectual Property Infringement. If a claim is made or an action is brought alleging that
a BSA Software Product infringes on a U.S. patent, or any copyright, trademark, trade secret or other proprietary
right, BSA will defend Customer against such claim and will pay resulting costs and damages finally awarded,
provided that: (a) customer promptly notifies BSA in writing of the claim; (b) BSA has sole control of the defense
and all related settlement negotiations; (c) Customer reasonably cooperates in such defense at no expense to BSA;
and (d) Customer remains in compliance with the Agreement and has continued to remain current on payment of
SaaS fees. The obligations of BSA under this Section are conditioned on Customer’s agreement that if the applicable
BSA Software Product, in whole or in part, or the use or operation thereof, becomes, or in the opinion of BSA is
likely to become, the subject of such a claim, BSA may at its expense and without obligation to do so, either procure
the right for the Customer to continue using the BSA Software Product or, at the option of BSA, replace or modify
the same so that it becomes non-infringing (provided such replacement or modification maintains the same
material functionality and does not adversely affect Customer’s use of the Update as contemplated hereunder). In
the event that BSA provides a replacement for Customer, Customer shall cease use of the infringing product
immediately upon receiving the replacement. THIS SECTION 20 SETS FORTH THE ENTIRE LIABILITY AND
OBLIGATION OF BSA AND THE SOLE AND EXCLUSIVE REMEDY FOR CUSTOMER FOR ANY DAMAGES ARISING
FROM ANY CLAIM OR ACTION COVERED BY THIS SECTION 20.
21. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of BSA and
Customer. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to
make any claim or assert any right under this Agreement.
22. Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of
the state of Michigan, without regard to its choice of law rules. BSA and the Customer agree that the exclusive
venue for any legal or equitable action shall be the Courts of the County of Clinton, State of Michigan, or in any
court in the United States of America lying in the Western District of Michigan.
23. Entire Agreement. This Agreement represents the entire agreement of Customer and BSA with respect to the
subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written,
oral, expressed, implied, or statutory. Customer hereby acknowledges that in entering into this Agreement, it did
not rely on any information not explicitly set forth in this Agreement.
24. Contract Term. This initial term of this Agreement extends from the Effective Date of the Agreement until one (1)
year from the Activation Date. Upon expiration of the initial term, this Agreement will renew automatically for
successive one (1) year terms under the same terms and conditions set forth herein without further documentation
being required unless and until either party provides written notice to the other party, at least sixty (60) days prior
to the end of the then current term. Customer’s right to access or use the BSA Software Product will terminate at
the end of the Agreement.
25. Payment Terms. Customer shall pay BSA for all amounts in accordance with this Agreement and Exhibit A.
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26. Termination. Without prejudice to other rights and remedies, and except as otherwise provided in this Agreement,
either Party may terminate this Agreement as set forth below. Upon termination of this Agreement: (a) Customer
shall promptly pay BSA for all fees and expenses that are not subject to a good faith dispute and that are related
to the software, products, and/or services received, or expenses BSA has incurred or delivered, prior to the effective
date of the termination (b) Customer shall return or destroy, at the direction of BSA, BSA’s Proprietary Information
in its possession. The termination of this Agreement will not discharge or otherwise affect any pre-termination
obligations of either Party existing under this Agreement at the time of termination. Sections 2, 4, 16 through 18,
21-23, 25 -39, and the provisions of this Agreement which by their nature extend beyond the termination of this
Agreement, will survive the termination of the Agreement. No action arising out of this Agreement, regardless of
the form of action, may be brought by Customer more than one (1) year after the date the action occurred.
26.1. Termination for Cause. If Customer believes that BSA has materially breached this Agreement, Customer may
terminate this Agreement for Cause in the event BSA does not cure, or create a mutually agreeable plan to
address, a material breach of this agreement within thirty (30) days after Notification by Customer. Notice shall
be provided in accordance with Section 31, below.
26.2. Force Majeure. Either Party may terminate this Agreement if a Force Majeure event suspends performance of
the SaaS Services for a period of forty-five (45) days or greater.
26.3. Lack of Appropriations. If Customer cannot appropriate, or otherwise make available funds sufficient to
continue to utilize the SaaS Services, Customer may unilaterally terminate this Agreement with thirty (30) days
written notice to BSA. Customer shall not be entitled to a refund, offset, or credit for previously paid, but
unused SaaS fees.
26.4. Failure to Pay SaaS Fees. Customer acknowledges that timely payment of SaaS Fees is necessary to maintain
continued access to the SaaS Services. In Customer does not make timely payment of SaaS fees, BSA may
discontinue the SaaS Services, and deny access to the BSA Software Products. If such failure to pay is not cured
within forty-five (45) days of receiving BSA’s notice of intent to terminate, BSA may terminate this Agreement.
26.5. Convenience. If Customer terminates SaaS Services for convenience, any SaaS fees already paid will not be
prorated, and will be retained by BSA.
27. Severability. If any term or provision of this Agreement, or the application thereof, to any extent, is held invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby, and
each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law.
28. No Waiver. In the event that any terms or conditions of this Agreement are not strictly enforced by either Party,
such nonenforcement will not act as, or be deemed as, a waiver or modification to this Agreement, nor will such
nonenforcement prevent either Party from enforcing terms of the Agreement thereafter.
29. Successors and Assigns. This Agreement shall be binding upon the successors, permitted assigns, representatives,
and heirs of the Parties hereto. For avoidance of doubt, any expanded use by Customer of the Program, for example,
in the event of annexation or desired shared services, shall require the consent of BSA.
30. Force Majeure. “Force Majeure” is defined as an event beyond the reasonable control of a Party, including
governmental action, war, riot or civil commotion, fine, natural disaster, epidemic, pandemic, other public health
emergency, problematic weather, lack of availability of Customer provided technology, labor disputes, restraints
affecting shipping or credit, delay of carriers or any other cause that could not, with reasonable diligence, be
foreseen, controlled or prevented by the Party. Neither Party shall be liable for delays in performing its obligations
under this Agreement to the extent that the delay is caused by Force Majeure.
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31. Notice. All notices, requests, demands, and determinations under the Agreement (other than routine operational
communications), shall be in writing and shall be deemed duly given: (i) when delivered by hand; (ii) one (1) business
day after being given to a nationally recognized overnight delivery service for next-business-day delivery, all fees
prepaid; (iii) when sent by confirmed facsimile with a copy sent by another means specified in this provision; or (iv)
six (6) calendar days after the day of mailing, when mailed by United States mail, via registered or certified mail,
return receipt requested, postage prepaid, and in each case addressed as shall be set forth below. A Party may
from time-to-time change its address or designee for notification purposes by giving the other prior written notice
of the new address or designee and the date upon which it will become effective.
If to BSA:
BSA Software
14965 Abbey Lane
Bath, MI 48808
Attn: Contracts Manager
Telephone: 517-641-8900
If to Customer:
City of Chanhassen
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Telephone: (952) 227-1100
32. Independent Contractor. This is not an agreement of partnership or employment of BSA or any of BSA’s
employees by Customer. BSA is an independent contractor for all purposes under this Agreement.
33. Cooperative Procurement. To the maximum extent permitted by applicable law, BSA agrees that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. BSA reserves the right to
negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the
scope and circumstances fitting to that cooperative procurement.
34. Business License. In the event a local business license is required for BSA to perform the services under this
Agreement, Customer agrees to promptly notify and inform BSA of such requirement, as well as to provide BSA
with the necessary paperwork and contact information so that BSA can obtain such license in a timely manner.
35. Nondiscrimination. BSA will not discriminate against any person employed, or applying for employment,
concerning the performance of BSA’s responsibilities under this Agreement. This discrimination prohibition will
apply to all matters of employment including hiring, tenure, and terms of employment, or otherwise with respect
to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age,
sex, sexual orientation, ancestry, disability that does not impact the individual’s ability to perform the duties of a
particular job or position, height, weight, marital status, or political affiliation. BSA will post, where appropriate, all
notices related to nondiscrimination as may be required by applicable law.
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36. Taxes. Fees for SaaS Services, Professional Services, or any other fees shown in Schedule 1 to Exhibit A do not
include any taxes, including, without limitation, any sales, use or excise tax. Customer shall be responsible for all
taxes, exclusive of taxes on BSA’s net income, arising out of this Agreement. If Customer is not validly tax-exempt,
and BSA is required to remit taxes on customer’s behalf, Customer agrees to reimburse BSA for any taxes by BSA.
37. U.S. Government Rights. Each instance of the Documentation, Modifications and software that are constituents
of BSA Software Products is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of
"commercial computer software" and "commercial computer software documentation" as such terms are used in
48 C.F.R. § 12.212. Any use, modification, reproduction release, performance, display or disclosure of the
Application by the U.S. Government shall be solely in accordance with the terms of this Agreement.
38. Export Control. Certain uses of the Software by Licensee may be subject to restrictions under United States
regulations relating to exports and ultimate end uses of computer software. Licensee agrees to fully comply with
all applicable United States laws and regulations, including but not limited to the Export Administration Act of
1979, as amended from time to time, the Arms Export Control Act, as amended from time to time, any regulations
promulgated thereunder to implement those statutes, and all sanctions programs administered by the U.S.
Government.
39. Contract Documents and Order of Precedence. The text of this Agreement without any Exhibits and Schedules
shall control over any inconsistent text in any of the Exhibits or Schedules. This Agreement includes the following
Exhibits and Schedules:
Exhibit A – Payment Terms Generally
Schedule 1 to Exhibit A – SaaS/Interface/Customization Fees
Schedule 2 to Exhibit A – Professional Service Fees
Exhibit B – Annual Service and Hosting Fees
Exhibit C – Support Call Process
IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the dates set forth below.
BSA SOFTWARE, INC. CUSTOMER
By: ______________________________ By: ___________________________
Name: ___________________________ Name: _________________________
Title: ____________________________ Title: __________________________
Date: ____________________________ Date: __________________________
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EXHIBIT A
Payment Terms
1. Customer shall pay BSA within thirty (30) days of invoice. Payments not received within fifteen (15) days of the due date shall be subject to a one and one-half percent (1.5%) per month interest charge (or, if lower, the highest amount chargeable at law) assessed against the unpaid balance from the date due until the date payment is received 2. Any amount not subject to good faith dispute and not paid within fifteen (15) days of the due date of each invoice shall, without prejudice to other rights and remedies, be subject to an interest charge equal to the
lesser of 1.5% monthly or the maximum interest charge permissible under applicable law, payable on demand.
Any charges not disputed by Customer in good faith will be deemed approved and accepted by Customer.
For purposes of this Agreement, a good faith dispute regarding amounts owed exists only if Customer provides in writing at least ten (10) days prior to due date of payment on the invoice, notification of such dispute, the specific portion of the invoice in dispute, and the specific grounds of the dispute (which must be asserted in good faith), and Customer pays in timely fashion such portions that are not subject to such dispute. 3. BSA shall invoice Customer $15,950 upon Effective Date for BSA’s Project Management/Implementation Planning Fees and Data Conversion fees as set forth in Schedule 2.
4. BSA shall invoice Customer $10,560 upon activation of Customer’s site for use of the BSA Software Product(s).
Such amount equals BSA’s SaaS Fees as set forth in Schedule 1.
5. BSA shall invoice Customer $53,920 at completion of On-Site Implementation and Training. Such amount equals On-Site Implementation and Training costs, Customization and Interface costs, and travel expenses, as set forth in Schedule 2.
110
Schedule 1 to Exhibit A
SaaS Fees
111
Schedule 2 to Exhibit A
Professional Services Fees
112
EXHIBIT B
Annual Service Fees
113
EXHIBIT C
Support Call Process
BSA’s standard hours for telephone support are from 8:30 a.m. to 6:00 p.m. (EST), Monday through Thursday, and
from 8:30 a.m. to 5:00 p.m. (EST), Friday, excluding holidays.
Customer can lodge a support request in three ways: (i) Contact Customer Support option located within the Help
menu of all of BSA’s applications (ii) BSA’s toll-free support line (1-855-BSA-SOFT) or via email.
BSA targets less than thirty (30) minutes for initial response (“Initial Response Target”).
Customer service requests fall into four main categories:
A. Technical. Questions or usage issues relating to I.T. functionality, future hardware purchases, and configuration. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
B. Questions/Support. General questions regarding functionality, use, and set-up of the applications. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
C. Requests. Customer requests for future enhancements to the applications. Key product management
personnel meet with development staff on a regular basis to discuss the desirability and priority of such
requests. BSA tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as
reasonably possible.
D. Issues/Bugs. Errors fall into three (3) subcategories:
i. Critical. Cases where an Error has rendered the application or a material component unusable or not usable without substantial inconvenience causing material and detrimental consequences to business -- with no viable Customer workaround or alternative. The targeted resolution time for critical issues is less than one (1) business day.
ii. Moderate. Cases where an Error causes substantial inconvenience and added burden, but the
application is still usable by Customer. The targeted resolution time for all moderate issues is within
two (2) weeks, which is within BSA’s standard update cycle.
iii. Minimal. Cases that are mostly cosmetic in nature, and do not substantially impede functionality in any significant way. These issues are assigned a priority level at BSA’s regular meetings, and resolution times are based on the specified priority.
Remote Support Process
Some support calls may require further analysis of Customer’s database or set-up to diagnose a problem or to assist
Customer with a question. BSA’s remote support tools share Customer’s desktop via the Internet to provide Customer
with virtual on-site support. BSA’s support team is able to connect remotely to Customer’s desktop and view its setup,
diagnose problems, or assist Customer with screen navigation.
114
City Council Item
February 27, 2023
Item Resolution 2023-XX: Approve Design Contract Related to the 2023 Trail
Improvement Project
File No.ENG 23-09 Item No: D.9
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 authorizing entering into a contract with HTPO
for professional services related to the 2023 Trail Improvement Project."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
The 2023 Trail Improvement Project includes three (3) distinct trail improvements within the city, See
the attached map for project locations.
All three projects require survey and engineering design and therefore it was determined to utilize a
consultant for the work rather than develop them in-house by city staff. All three projects will be
designed under one contract; however, it is to be determined if this work will be constructed all under
one construction contract, or multiple contracts.
Site #1 includes a trail connection to close the gap between two cul-de-sacs: Topaz Drive & Lucy
Ridge Circle
Site #2 includes adding an accessible pedestrian connection between the parking lot and
playground in South Lotus Lake Park
Site #3 includes rehabilitation of the existing trail connecting Coulter Blvd and Galpin Blvd,
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through the Chanhassen Nature Preserve
Site #3 has been identified in the 5-year CIP for trail improvements, while Sites #1 & #2 were added as
a result of the additional funding. Site #2 is a required project due to conditions of a previous DNR
Grant for the construction of the playground at the park that was never implemented due to lack of
funding.
The schedule is to perform design in the spring and to construct these improvements in the summer/fall
of this year.
The consultant being considered for the design services, HTPO, has performed many projects for the
city in the past and their performance has been acceptable.
The contract is the city's standard Professional Services Agreement (PSA), which is attached.
BACKGROUND
N/A
DISCUSSION
N/A
BUDGET
Annual trail and ADA improvements are both funded by the Transportation Infrastructure Management
(TIM) Fund.
For 2023, the total trail improvement budget is $218,000, which includes the additional $138,000
authorized by the City Council as part of the 2023 Budget for trail projects. The total ADA
improvement budget is $40,000. The total project budget is therefore $258,000.
The fee for the design services considered by this agreement is $39,900, which is reasonable for the
survey and design scope of services for the three (3) individual trail projects.
RECOMMENDATION
Staff recommends approval of the Professional Services Agreement.
ATTACHMENTS
Resolution
Professional Services Agreement
Project Location Map
116
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 27, 2023 RESOLUTION NO: 2023-XX
MOTION BY: SECONDED BY:
A RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH HTPO FOR
PROFESSIONAL SERVICES RELATED TO THE 2023 TRAIL IMPROVEMENT
PROJECT
WHEREAS,TheCity of Chanhassen wishes to perform improvements to its multi-mobility
transportation system; and
WHEREAS,the city has identified three (3) sites for system improvements that fit
available funding; and
WHEREAS,professional design services are required for project implementation; and
WHEREAS,a Request for Proposals (RFP) was sent to qualified design consultants; and
WHEREAS,a Professional Services Agreement (PSA), based on the city’s standard
template, has been prepared for a responsive design consultant; and
WHEREAS,the project is feasible, necessary, and cost-effective.
NOW, THEREFORE, BE IT RESOLVED,that the Chanhassen City Council
authorizes entering into a contract with HTPO for Professional Services related to the 2023 Trail
Improvement Project.
PASSED AND ADOPTED by the Chanhassen City Council this 27
th dayof February2023.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
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SERVICES AGREEMENT-HTPO_Chan_2023 Trail Imp.docx
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 27th day of February 2023, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and HANSEN THORP PELLINEN
OLSON, Inc. ("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant for Design Services related to
the 2023 Trail Improvement project.
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. Insurance Certificate;
C. Consultant’s February 1, 2023 proposal for Trail/Walk Improvements Project
(“Proposal”), attached hereto as Exhibit A.
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 “C” 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 Thirty-Nine Thousand Nine Hundred and 00/100 Dollars
($39,900.00), 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.
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.
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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 reasonable costs and attorney's fees where recoverable under applicable law, to the extent
caused by the negligent acts, errors, or omissions in the execution or 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 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 occurrence/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
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
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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
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.
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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.
Dated: _______________, 2023. CITY OF CHANHASSEN
BY: _____________________________________________
Elise Ryan, Mayor
BY: _____________________________________________
Laurie Hokkanen, City Manager
Dated: _______________, 2023. HANSEN THORP PELLINEN OLSON, INC.
BY: _____________________________________________
Its
February 15
Vice President
Adam Pawelk
121
122
City Council Item
February 27, 2023
Item Ladd Conrad - Rotary Club of Chanhassen
File No.Item No: E.1
Agenda Section VISITOR PRESENTATIONS
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
123
City Council Item
February 27, 2023
Item Resolution 2023-XX: Approve Professional Services Contract for the Market
Boulevard Reconstruction Project
File No.ENG 25-02 Item No: G.1
Agenda Section GENERAL BUSINESS
Prepared By Charlie Howley, Director of Public Works/City Engineer
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The Chanhassen City Council adopts a resolution approving entering into an agreement with
Kimley-Horn and Associates, Inc. for design services related to the Market Boulevard
Reconstruction Project."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
Staff will give a presentation to Council for this item as both an introduction to the project and an initial
step in public outreach.
The Market Boulevard Reconstruction Project is scheduled for 2025; however, there are specific
reasons to get the design phase started at this time. These items include:
Advancing design around the Twin Cities Western (TCW) railroad crossing, specifically
concerning rail signal replacement scheduled for 2024
Aligning interaction of Market Boulevard with the planned Civic Campus project
Advancing aspects of the Downtown Vision, specifically as it relates to downtown entry
monuments.
124
Kimley Horn has a long standing working relationship with the city and has designed many of our high-
profile transportation projects successfully in the past. They have also prepared the concept design and
traffic study related to this project, and it's therefore strategic to keep them imbedded as the design
consultant moving forward.
The contract utilized is the city's standard Professional Services Agreement (PSA), which is attached.
BACKGROUND
N/A
DISCUSSION
N/A
BUDGET
This project is identified as CIP Project #ST-048, with an overall project budget of $4,000,000. As
shown on the attached CIP sheet, various sources are planned for funding the project including the PMP
Fund, Assessments, Utility Enterprise Funds, and TIF. The design fee proposed by the consultant
($386,470) is within a reasonable and appropriate level based on the scope of services required for
delivery of the project.
RECOMMENDATION
Staff recommends approval of the Professional Services Agreement.
ATTACHMENTS
Resolution
Professional Services Agreement
Project Concept Layout
CIP ST-048
125
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 27, 2023 RESOLUTION NO: 2023-XX
MOTION BY: SECONDED BY:
A RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH KIMLEY-
HORN & ASSOCIATES FOR PROFESSIONAL SERVICES RELATED TO THE
MARKET BOULEVARD RECONSTRUCTION PROJECT
WHEREAS,TheCity of Chanhassen wishes to perform improvements to Market
Boulevard; and
WHEREAS,the city has identified this project in its 5-year Capital Improvement Plan
(CIP); and
WHEREAS,professional design services are required for project implementation; and
WHEREAS,a request for a written proposal was sent to qualified design consultants; and
WHEREAS,a Professional Services Agreement (PSA), based on the city’s standard
template, has been prepared for a responsive design consultant; and
WHEREAS,the project is feasible, necessary, and cost-effective.
NOW, THEREFORE, BE IT RESOLVED,that the Chanhassen City Council
authorizes entering into a contract with Kimley-Horn & Associates for Professional Services
related to the Market Boulevard Reconstruction Project.
PASSED AND ADOPTED by the Chanhassen City Council this 27
th dayof February2023.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
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SERVICES AGREEMENT-Kimley Horn_Market Blvd Design.docx
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 27th day of February, 2023, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and Kimley-Horn and Associates, Inc.
("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1.SCOPE OF SERVICES. The City retains Consultant for Professional Services
related to the Market Blvd. Reconstruction Project, Project No. ENG 25-02.
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.Insurance Certificate;
C.Consultant’s February 7, 2023 proposal for Preliminary and Final Design
Services for Market Boulevard Improvements (“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 “C” 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 Three Hundred Eighty-Six Thousand Four Hundred Seventy
Dollars ($386,470.00), 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. Any modifications made by the City
to any of the Consultant’s documents, or any use, partial use or reuse of the documents without
written authorization or adaptation by the Consultant will be at the City's sole risk and without
liability to the Consultant, and the City shall indemnify, defend and hold the Consultant harmless
from all claims, damages, losses and expenses, including but not limited to attorneys' fees,
resulting therefrom.
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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 and employees, from claims, demands, actions, causes of action, including costs and
reasonable attorney's fees, to the extent caused by the negligent performance of the services provided
for herein. The Consultant shall not be held liable for the sole negligence of the City.
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 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 occurrence/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
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.
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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
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.
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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. The Consultant shall have the
right to terminate this Agreement upon seven days’ notice to the City upon breach by City of any
of its obligations under this Agreement.
Dated: _______________, 2023.CITY OF CHANHASSEN
BY: _____________________________________________
Elise Ryan, Mayor
BY: _____________________________________________
Laurie Hokkanen, City Manager
Dated: _______________, 2023.KIMLEY-HORN AND ASSOCIATES, INC.
BY: _____________________________________________
Its
February 14
Daniel J. Coyle
Vice President
130
IMPROVED
RAILROAD
CROSSING
ENHANCED
PEDESTRIAN
CROSSING POTENTIAL
FUTURE TRAIL
POTENTIAL
FUTURE
ROUNDABOUT
SOUTHWEST
TRANSIT
STATION
CHANHASSEN
DINNER
THEATRE
CUB
FOODS TWIN CITI
E
S
&
W
E
S
T
E
R
N
R
A
I
L
R
O
A
D
COUNTRY INN
& SUITES
W 78TH ST
GREA
T
P
LA
IN
S
B
LVD
MARKET S
T
W 79TH
S
TKERBER BLVDCARVER
COUNTY
LIBRARY
CHANHASSEN CITY HALL
ANTICIPATED
RETAINING
WALLS
CITY HALL
DEVELOPMENT
SITE
1
2
3
4
5
7
6
8
9
10
LEGEND
PROPOSED ROADWAY
CONCRETE WALK
MULTI-USE TRAIL
LANDSCAPED MEDIAN
RETAINING WALL
TREE
MARKET BOULEVARD
RECONSTRUCTION
PROPOSED LAYOUT
131
Streets - Market Blvd Improvements
Overview
Request Owner Charlie Howley, PW Director/City Engineer
Department Annual Pvmnt Mgmt Contracted
Type Capital Improvement
Project Number ST-048
Description
Market Boulevard between TH5 and West 78th Street in downtown is planned for reconstruction based on need and capacity expansi on.
Elements of the Downtown Vision Pl an will be incorporated.
$2.1 M for this project wil l be repaid by TIF revenue generated from TIF District 21. Per the requirements of the TIF District, the project must
be substantially complete by J une 2026.
Details
Type of Project Reconstruction
132
Capital Cost Breakdown
Capital Cost FY2025 Total
Engineering $500,000 $500,000
Construction/Maintenance $3,500,000 $3,500,000
Total $4,000 ,000 $4,000,0 00
Capital Cost
Total Budget (all years)
$4M
Project Total
$4M
Capital Cost by Year
Construction/Maintenance Engineering
2025 $4,000,000.00
$0 $1M $2M $3M $4M
Capital Cost for Budgeted Years
TOTAL $4,000,000.00
Construction/Maintenance (88%)$3,500,000.0
Engineering (13%)$500,000.00
133
Funding Sources Breakdown
Funding Sources FY2025 Total
Streets - PMP Assessmen ts $680,000 $680,000
Utility Fund - Water $120,000 $120,000
Utility Fund - Sewer $40,000 $40,000
Utility Fund - SW Mgmt $40,000 $40,000
Streets - PMP MSA Funds $1,020,000 $1,020,000
Streets - TIF Fund ing $2,100,000 $2,100,000
Total $4,000,00 0 $4,00 0,000
Funding Sources
Total Budget (all years)
$4M
Project Total
$4M
Funding Sources by Year
Streets - PMP Assessments Streets - PMP MSA Funds
Streets - TIF Funding Utility Fund - Sewer
Utility Fund - SW Mgmt Utility Fund - Water
2025 $4,000,000.00
$0 $1M $2M $3M $4M
Funding Sources for Budgeted Years
TOTAL $4,000,000.00
Streets - PMP Assessments (17%)$680,000.00
Streets - PMP MSA Funds (26%)$1,020,000.00
Streets - TIF Funding (53%)$2,100,000.00
U tility Fund - Sewer (1%)$40,000.00
U tility Fund - SW Mgmt (1%)$40,000.00
U tility Fund - Water (3%)$120,000.00
134