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Home My WebLink About02-20-2024 Agenda Packet AGENDA CITY COUNCIL MEETING February 20, 2024 - 6:30 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244 190 036#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions 6. Consent Agenda a. Check Register Summary b. Minutes of the 02/05/2024 City Council Meeting c. Contract for tree maintenance and removal service d. 2024 Inflow and Infiltration Improvement Project Award of Construction Contract e. Downtown Parking Lot Lighting Equipment Purchasing f. Materials Acquisition From Dakota Unlimited for Fencing for East Lake Rough Fish Deterrence System g. Approval of 2024 Utility & Street Construction Standard Specifications and Detail Plates h. Resolution Supporting Dakota County’s Application for Funding Through the Rebuilding American Infrastructure with Sustainability and Equity Grant Program for the Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50 i. Supplemental Agreement for Professional Services with WSB for Interim Environmental Resources Services j. Temporary on-sale liquor license to Dakota Curling Club for Curling Tournament Page 1 of 63 City Council Meeting Agenda February 20, 2024 Page 2 7. Action Items a. Public Hearing on the application for Lakeville Brewing Co., LLC DBA "LBC on the Lake" for an on-sale wine and on-sale 3.2% malt liquor license 8. Unfinished Business 9. New Business 10. Announcements 11. Adjourn Page 2 of 63 Date: 2/20/2024 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Overview A summary of the claims paid during the period 01/22/2024 – 02/14/2024 is as follows: Checks 321706-321840 $1,592,026.89 ACH 15822-15964 $1,408,493.83 Electronic Funds Transfer (EFT) 20240059- 20240105 $1,873,021.19 Total $4,873,541.91 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 2.13.24CKSUM 2. Check Register 2.13.24 for Feb 20,2024 Council Mtg Financial Impact: $4,873,541.91 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 63 2/14/2024City of Lakeville 16:04:35R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 2/14/20241/22/2024 - Company Amount 935,934.5701000GENERAL FUND 18,345.9702000COMMUNICATIONS FUND 99,897.8704000BUILDING FUND 16,037.7204100EQUIPMENT FUND 9,497.6604125TECHNOLOGY FUND 196,175.0004161ARENAS CAPITAL IMPROVEMENTS 48,583.7504200PARK DEDICATION FUND 384.16047002022 C PARK BONDS 33.75047102023 A PARK BONDS 2,006.70047202024 X PARK BONDS 60,950.7705200STATE AID CONSTRUCTION FUND 2,670.4805300PAVEMENT MANAGEMENT FUND 104,688.9305500WATER TRUNK FUND 16,362.000658922-24 AIRLAKE 70 IMPROVEMENT 779.500659123-03 IPAVA AVE (KENWOOD-185TH 4,846.000659524-02 STREET RECONSTRUCTION 8,565.000659624-03 COLLECTOR RD REHAB 25,833.7107450ENVIRONMENTAL RESOURCES FUND 17,280.2707550UTILITY FISCAL ADMINISTRATION 15,626.1107575STREET LIGHTING FUND 203,255.0007600WATER FUND 12,146.9407700SEWER FUND 695,317.5907800LIQUOR FUND 388,038.9008000ESCROW FUND - DEVELOPERS/BUILD 6,003.4208910ESCROW - DCA/SECTION 125 673,673.4108950DAKOTA 911 - OPERATING FUND 46,725.6308954DAKOTA 911 - CAPITAL PROJECTS 143,159.3008970LAKEVILLE ARENAS - OPERATIONS 1,120,721.8009800PAYROLL CLEARING FUND Report Totals 4,873,541.91 Page 4 of 63 MINUTES CITY COUNCIL MEETING February 5, 2024 - 6:30 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:30 p.m. 2.Roll Call Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; Ann Orlofsky, City Clerk; Courtney Miller, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments None 4.Additional agenda information None 5.Presentations/Introductions a.Police Department Quarterly Update Police Chief Paulson provided the Police Department Quarterly Update. 6.Consent Agenda Motion was made by Bermel, seconded by Lee, to remove item 6f for discussion, and approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary b.Check Register Summary 1/30/2024 c.Minutes of the 01/13/2024 City Council Retreat d.Minutes of the 01/16/2024 City Council Meeting e.Minutes of the 01/22/2024 City Council Work Session f.Resolution No. 24-015 Appointing Judges for March 5, 2024 Presidential Nomination Primary Page 5 of 63 City Council Meeting Minutes February 5, 2024 Page 2 h.Contract for County Boulevard Mowing i.Approve Resolution No. 24-017 Amending Lakeville Fire Relief Association Bylaws relating to Pension Benefit Levels j.Approval of the purchase of pressure reducing valves, water meter fittings, and fire hydrant repair parts. k.Approval of the purchase of water main repair parts, locating materials, and anode bags l.Contract for public ash tree injection services and a bulk treatment program for private property ash trees to Rainbow Tree Company m.Contract for water tank inspection and cleaning n.Proposal from Innovative Office Solutions for Antlers Park Pavilion Furniture o.Approve Resolution No. 24-018 Amending the 2023 MSA Fund Budget (CP20-05) p.Contract for Central Maintenance Facility Tower Rehabilitation q.Approve Resolution No. 24-019 Amending the 2023 General Fund Budget r.Resolution No. 24-020 to Approve Amended Policy Change to Hours of Work Policy s.Resolution No. 24-021 Calling Public Hearing On Unpaid Special Charges t.Resolution No. 24-022 to Amend the Start Times of the 2024 Regular City Council Meetings and Work Sessions and amend the City Council Rules of Procedures u.Purchase Agreement with The Milligan Studio for Three Public Artworks v.Cedar Hills 6th Addition final plat w.Voyageur Farms 3rd Addition final plat 6f. Resolution to appoint election judges for the Presidential Nominating Primary on March 5, 2024. Motion was made by Bermel, seconded by Lee, to approve the Resolution Appointing Election Judges for the Presidential Nominating Primary on March 5, 2024. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk Abstain: Wolter, he is an election judge for the March 5, 2024, election. 7.Action Items None 8.Unfinished Business None 9.New Business Page 6 of 63 City Council Meeting Minutes February 5, 2024 Page 3 10.Announcements a.Next Regular Meeting Tuesday, February 20, 2024 b.Next Work Session Meeting February 26, 2024 11.Adjourn Motion was made by Volk, seconded by Wolter, to adjourn. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 7 of 63 Date: 2/20/2024 Contract for tree maintenance and removal service Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Carr’s Tree Service, LLC for miscellaneous tree maintenance and removal services. Overview Throughout the year, Forestry staff routinely inspects and schedules tree work on public property with a contractor. The most common work includes tree removal due to emerald ash borer and oak wilt as well as the pruning or removal of storm-damaged and poor-conditioned trees growing in natural areas such as outlots, conservation areas, and greenways adjacent to private properties. This work typically involves situations that are too large, too complex or dangerous for city crews. Pruning and removal services are also coordinated with other divisions and departments for storm damage response, large tree removal, or specialized pruning in the public right of way and parks. To streamline work processes and ensure a quick response time, staff determined it would be more efficient to have a pre-negotiated rate for tree removals and pruning work. This designated contractor would provide tree removal and pruning services, and also be the primary contact when soliciting quotes for private property code enforcement for the shade tree epidemic pest control program. The contractor would be committed to prioritizing Lakeville if additional support is needed during a large-scale storm cleanup event with extensive tree damage. In January 2024, the City solicited proposals for tree removal and pruning services. Three proposals were received. Removal quotes for the estimated work were $77,390.00, $113,296.00, and $154,175 as shown in the attached table; hourly routine pruning rates ranged from $238.65 to $495.00; and hourly storm response rates ranged from $295.00 to $1,000.00. The proposals were evaluated based on the fee schedules, experience, and responsiveness of the proposals. Carr’s Tree Service met the qualifications and provided the most cost-effective services. Since Carr’s has not provided services to the city previously, references in Burnsville, Apple Valley, and Farmington were contacted. All three provided positive reviews of the work, communication, and responsiveness of the company. Carr’s has been in business for 50 years with multiple locations around the state. Staff recommends approval of the contract. The total anticipated cost of tree removal and pruning services is an estimate based on the average number of trees removed over the last two years multiplied by the quoted price for each tree size category. Pruning costs were estimated since the quote only included hourly rates. Work may occur under this contract and be paid for by other division or department budgets including, Streets, Construction Services, Parks, or Page 8 of 63 Environmental Resources. Supporting Information 1. CONTRACT FOR SERVICES -Misc Tree Removal and Pruning 2024-25 - Signed by Company 2. Certificate of Insurance 3. Quote Table Financial Impact: $110,000 Budgeted: Yes Source: Forestry, Construction Services, Environmental Resources, Streets, and Parks budgets. Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 9 of 63 Page 10 of 63 Page 11 of 63 Page 12 of 63 Page 13 of 63 Page 14 of 63 Page 15 of 63 Page 16 of 63 Page 17 of 63 Page 18 of 63 Page 19 of 63 Page 20 of 63 Page 21 of 63 Page 22 of 63 Page 23 of 63 Page 24 of 63 Page 25 of 63 Removals Blvd Removals Parks, Facilities, Outlots Total Removals Pruning Routine Pruning Storm SavATree $20,123.00 $93,173.00 $113,296.00 $495.00 $847.00 Carr's Tree Service $19,995.00 $57,395.00 $77,390.00 $238.65 $295.00 Bratt Tree $43,075.00 $111,100.00 $154,175.00 $450.00 $1,000.00 Page 26 of 63 Date: 2/20/2024 2024 Inflow and Infiltration Improvement Project Award of Construction Contract Proposed Action Staff recommends adoption of the following motion: Move to award a contract to SAK Construction, LLC. and approve change order for the 2024 Inflow and Infiltration Improvement Project, City Project 24-23. Overview The City of Lakeville discharges sewage to the Empire Wastewater Treatment Plant which is operated by the Metropolitan Council of Environmental Services (MCES). MCES meters the amount of wastewater being discharged from Lakeville and bills the City accordingly. To eliminate unnecessary treatment of groundwater, elimination of groundwater infiltrating through cracked and separated pipes is recommended. Also, sewer pipe assessments have shown evidence of some deterioration of the concrete pipe from sewer gases. Lining the pipes will create a sealed barrier to correct these issues. MCES could surcharge the city if too much clear water enters the city's sewer system, thus the city has established an annual maintenance program to reduce the amount of inflow and infiltration (I/I) entering the sewer pipes. This program also helps to reduce the possibility of sewer backups. This year, staff recommends lining 2,519 feet of 30" and 42" Reinforced Concrete Pipe (RCP) starting near Iberia Ave and Heritage Drive and ending near Holyoke Ave and 202nd Street West using a technology called Cast-in-Place-Pipe (CIPP). The lining of the sewer pipe consists of pre-cleaning with a jetter/vacuum combination truck, followed by televising of the pipes to record footage of pipe segments and commercial service connections. The contractor will set up a bypass pumping system to bypass wastewater around the pipes being worked on. A felt-type liner is then inserted into the interior of the pipe. The felt liner is impregnated with resin that is later cured by hot water, which is introduced once the liner is in place. A cutting tool is used to cut open adjacent sewer services within the lined pipe. A post-lining video inspection is then completed for city staff to review prior to final project acceptance. The end result is an interior liner with the strength of a new pipe. On Friday, January 19, 2024 at 10:30a.m., the city received two bids for City Project 24-23 ranging from a low bid of $939,755.00 submitted by SAK Construction, LLC. and a high bid of $1,138,429.90. Staff has reviewed both bids and associated documents and recommends the approval of the contract which includes alternate #1. Staff has value engineered the project and recommends approving a change order to reduce the project cost by $67,744.00. The revised project cost is $872,011.00. Page 27 of 63 Supporting Information 1. Fully Executed Agreement 2. Change Order #1 3. Bid Abstract 4. Project Location Exhibit Financial Impact: $872,011.00 Budgeted: Yes Source: 7710-6295 Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 28 of 63 2024 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CITY IMPROVEMENT PROJECT NO. 24-23 AGREEMENT PAGE 1 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is by and between City of Lakeville, MN (“Owner”) and SAK Construction, LLC. (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2024 Inflow and Infiltration Improvement Project, City Project No. 24-23. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: The project will include installation of approximately 2,229 linear feet of 30” CIPP liner and approximately 290 linear feet of 42” CIPP liner. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by the City of Lakeville City Engineer. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before October 11, 2024, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. Substantial Completion shall include all lining, post lining inspection, clean-up and any other work necessary such that all sewer mains are back into service. B. The Work will be final completed on or before October 11, 2024. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty); 1. The liquidated damages shall be in accordance with Table 1807-1 Schedule of Liquidated Damages for all stated completion dates, as well as any intermediate completion dates. 2. Failure to complete sewer lining and all associated work consistent with completion dates outlined in the General Conditions. DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A Page 29 of 63 2024 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CITY IMPROVEMENT PROJECT NO. 24-23 AGREEMENT PAGE 2 3. Liquidated damages will be cumulative, and shall be collected for each portion of the project under construction in which the specified parameters have not been met. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). The Contractor’s Bid, attached hereto as an exhibit, provides the basis for the extended prices for the Unit Price Work. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $939,755.00 ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the third Monday of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A Page 30 of 63 2024 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CITY IMPROVEMENT PROJECT NO. 24-23 AGREEMENT PAGE 3 ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 5 percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce the Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference idents identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. K. Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or the with the consent of the Owner. L. The Contract Documents shall not be construed as creating any contractual relationship between the Owner and any subcontractor. DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A Page 31 of 63 2024 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CITY IMPROVEMENT PROJECT NO. 24-23 AGREEMENT PAGE 4 ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 2 inclusive). 3. Payment bond (pages 1 to 2 inclusive). 4. Other bonds. a. Maintenance bond (pages to , inclusive). 5. General Conditions (pages 1 to 14, inclusive). 6. Supplementary Conditions (pages 1 to 17 inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of 6 sheets with each sheet bearing the following general title: Appendix E and F 9. Addenda (numbers 1 to 8, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages 1 to 9 inclusive). b. Non-Collusion Affidavit c. Responsible Contractor Verification and Certification Form 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A Page 32 of 63 2024 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CITY IMPROVEMENT PROJECT NO. 24-23 AGREEMENT PAGE 5 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a requirement of this Contract. This Contract may be terminated by the Owner at any time upon discovery by the Owner that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in the Statute. B. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of this Contract. 1. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor’s receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 10.06 Indemnity A. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 10.07 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. B. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A Page 33 of 63 2024 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CITY IMPROVEMENT PROJECT NO. 24-23 AGREEMENT PAGE 6 10.08 Software License. A. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 10.09 Patented devices, materials and processes. A. If the Contract requires, or the Contractor desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. 10.10 Assignment. A. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 10.11 Permits and Licenses; Rights-of-Way and Easements. A. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A Page 34 of 63 2024 INFLOW AND INFILTRATION IMPROVEMENT PROJECT CITY IMPROVEMENT PROJECT NO. 24-23 AGREEMENT PAGE 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on February 20, 2024 (which is the Effective Date of the Contract). Note that the Effective Date of the Contract should match the dates of any construction bonds, if possible. The bonds shall not be dated earlier than the effective date of the Contract. OWNER: CONTRACTOR: By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) SAK Construction, LLC 864 Hoff Road O'Fallon, MO 63366 DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A Boyd Hirtz Vice President CFO Page 35 of 63 CITY OF LAKEVILLE CHANGE ORDER NO. 1 CHANGE ORDER DATE 2/21/2024 SHEET Page 1 of 1 PROJECT NO. 24-23 CONTRACTOR SAK Construction, LLC PROJECT NAME 2024 Inflow and Infiltration Improvement Project ADDRESS 864 Hoff Road O'Fallon , MO 63366 TYPE OF WORK Change Order #1 ORIGINAL CONTRACT AMOUNT $939,755.00 REVISED CONTRACT AMOUNT $872,011.00 Spec. No. Item No.Item of Work Unit Original  Previous Change Quantity Quantity Unit Price Increase Amount Decrease Amount 11 11 BYPASS PUMPING-42" LINING LS 1.00 -0.08 $127,000.00 0.00 10,450.00 2 2 LINING SEWER PIPE 30"LF 2,300.00 -71.00 $189.00 0.00 13,419.00 3 3 REMOVE AND REINSTALL MANHOLE CONE SECTION EA 1.00 -1.00 $1,950.00 0.00 1,950.00 6 6 MOBILIZATION/DEMOBILIZATION- CHEMICAL GROUTING EQUIPMENT EA 3.00 -3.00 $2,000.00 0.00 6,000.00 7 7 CHEMICAL GROUT GAL 45.00 -45.00 $100.00 0.00 4,500.00 8 8 LINING SEWER PIPE 42"LF 365.00 -75.00 $367.00 0.00 27,525.00 9 9 REMOVE AND REINSTALL MANHOLE CONE SECTION EA 3.00 -2.00 $1,950.00 0.00 3,900.00 Net Increase or Decrease: ($67,744.00) Totals $0.00 $67,744.00 Due to this change, the contract time: a: is increased/decreased by 0 working days. is increased/decreased by 0 calendar days. ► b: is not changed. c: may be revised if the work affects/affected the controlling operation EXPLANATION OF CHANGE IN PLAN RECOMMENDED (Attach additional sheets if necessary) Reduction of Base and Alternate 1 items based off negotiations with the Contractor through value engineering methods of lining and bypass pumping both 30" and 42" RC Pipes. CONTRACTOR SIGNATURE DATE MAYOR SIGNATURE DATE CITY CLERK SIGNATURE DATE CONSTRUCTION REP. SIGNATURE DATE DocuSign Envelope ID: 589B7E01-F4CE-4D9E-A939-649F986E332A 2/12/2024 2/12/2024 Page 36 of 63 2024 Inflow and Infiltration Improvement Project CIP no. 24-23 Bid Abstract Bid Abstract Report Date Bid Release Bid Opening 1/19/2024 12/22/2023 2024-01-19T16:30:00.000Z Base Bid SAK Construction, LLC Insituform Technologies USA, LLC Line Number Description Unit Quantity Average Price Average Total Price Total Price Total 1 1 Mobilize/Demobilize LS 1 $39,000.00 $39,000.00 $33,000.00 $33,000.00 $45,000.00 $45,000.00 2 2 LINING SEWER PIPE 30"LF 2,300 $217.37 $499,951.00 $189.00 $434,700.00 $245.74 $565,202.00 3 3 REMOVE AND REINSTALL MANHOLE CONE SECTION EA 1 $6,855.00 $6,855.00 $1,950.00 $1,950.00 $11,760.00 $11,760.00 4 4 TRAFFIC CONTROL LS 1 $17,750.00 $17,750.00 $17,500.00 $17,500.00 $18,000.00 $18,000.00 5 5 BYPASS PUMPING-30" LINING LS 1 $200,084.10 $200,084.10 $172,000.00 $172,000.00 $228,168.19 $228,168.19 6 6 MOBILIZATION/DEMOBILIZATION-CHEM GROUT EQUIPMENT EA 3 $1,458.50 $4,375.50 $2,000.00 $6,000.00 $917.00 $2,751.00 7 7 CHEMICAL GROUT GAL 45 $170.50 $7,672.50 $100.00 $4,500.00 $241.00 $10,845.00 $669,650.00 $881,726.19 Base Bid Totals SAK Construction, LLC Insituform Technologies USA, LLC $669,650.00 $881,726.19 Alternate 1 SAK Construction, LLC Insituform Technologies USA, LLC Line Number Description Unit Quantity Average Price Average Total Price Total Price Total 8 8 LINING SEWER PIPE 42"LF 365 $424.46 $154,926.08 $367.00 $133,955.00 $481.91 $175,897.15 9 9 REMOVE AND REINSTALL MANHOLE CONE SECTION EA 3 $6,855.00 $20,565.00 $1,950.00 $5,850.00 $11,760.00 $35,280.00 10 10 TRAFFIC CONTROL-42" LINING LS 1 $6,400.00 $6,400.00 $3,300.00 $3,300.00 $9,500.00 $9,500.00 11 11 BYPASS PUMPING-42" LINING LS 1 $81,513.28 $81,513.28 $127,000.00 $127,000.00 $36,026.56 $36,026.56 $270,105.00 $256,703.71 Alternate 1 Totals Insituform Technologies USA, LLC SAK Construction, LLC $256,703.71 $270,105.00 Totals SAK Construction, LLC Insituform Technologies USA, LLC Base Bid $669,650.00 $881,726.19 Alternate 1 $270,105.00 $256,703.71 $939,755.00 $1,138,429.90 Page 37 of 63 Page 38 of 63 Date: 2/20/2024 Downtown Parking Lot Lighting Equipment Purchasing Proposed Action Staff recommends adoption of the following motion: Move to accept contract with JH Larson to purchase lighting equipment for downtown city-owned parking lots and Market Square. Overview The city-owned downtown parking lots and Market Square pole lights are deteriorated and need replacement. Several lights are not working, creating dark spaces that pose a safety risk for the public. Many acrylic lenses are broken on several fixtures, allowing for rain, snow, and debris to collect in the fixture. Staff recommends replacing the lighting with new LED fixtures to match the downtown fixtures along Holyoke Avenue. The City received quotes from JH Larson in the amount of $54,250.00 and from Viking Electric in the amount of 84,112.50 for the purchase of the fixtures. Staff recommends accepting the quote with JH Larson. Staff is estimating $17,000 for installation of the fixtures and painting of the poles. Staff plans to solicit quotes in the near future for the installation and painting of the poles. The total estimated project cost is $72,000. Supporting Information 1. Contract with JH Larson 2. Viking Electric Quote 3. Resolution Financial Impact: $54,250.00 Budgeted: No Source: Streetlight Operating Fund 7575.6280 Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tom Breeggemann Facility Supervisor Page 39 of 63 200196v1 1 CONTRACT FOR PURCHASE OF CITY OF LAKEVILLE LIGHTING EQUIPMENT THIS CONTRACT made and entered into this 20th day of February, 2024, by and between CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and JH LARSON COMPANY, a Minnesota Company ("Contractor"). WHEREAS, the City of Lakeville received competitive quotes from multiple vendors for lighting equipment (“Equipment”). NOW THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: Section 1. Contract Documents. The following documents, attached hereto, 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 out verbatim and in full herein: • This document entitled "Contract for Purchase of “City of Lakeville Lighting Equipment.” • Contractor Quotes Dated 12/09/2023 Exhibit A In the event of conflict among the provisions of these documents, the order in which they are listed above shall control with the document listed first having the highest priority. The Contract Documents are fully a part of this Contract as if attached to this Contract or repeated herein. Section 2. Acceptance of Proposal. Contractor shall provide the Equipment in accordance with the Contract Documents. Section 3. Contract Time/Delivery. The Equipment shall be delivered to the City at 18400 Ipava Ave, Lakeville, MN, 55044 on or before June 1, 2024, during City business hours. The time for delivery shall be extended for the period of any reasonable delay due exclusively to unforeseeable causes beyond the control, and without the fault of the Contractor, including but not limited to, acts of God, fires, and floods. Section 4. Price/Terms of Payment. A. Price. As a contract price for the Equipment, the City shall pay the sum of fifty-four thousand, two hundred and fifty dollars and zero cents, ($54,250.00) as listed in the quote (Exhibit A), inclusive of tax, if any. B. Terms of Payment. Payment shall be made in full within thirty-five (35) days following receipt and inspection of the Equipment. Section 5. Risk of Loss. The Contractor shall bear the entire risk of loss caused by damage or destruction of equipment or property furnished pursuant to the Contract Documents to the time the Equipment is delivered to the City. Page 40 of 63 200196v1 2 Section 6. Warranties. The Contractor guarantees that all warranties as specified in the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship. In addition to the warranties required in the specifications the Contractor provides the following warranties. The Contractor is 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 the manufacturer’s warranty, and any warranty provided by law. Section 7. Inspection at Delivery. At the point of delivery, the City will have fifteen (15) days to inspect the Equipment for compliance with the Contract Documents. As the result of the inspection, the City will: A. Accept the Equipment subject to an inspection report requiring correction and make payment; or B. Refuse to make payment until corrections are complete. Section 8. Assignment. Neither party may assign, sublet or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. Section 9. Prompt Payment to Subcontractors. Pursuant to Minnesota Statutes § 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. Section 10. Data Practices/Records. A. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. Section 11. U.L. Certification. Contractor shall furnish City with a Certificates of Testing for the Manufacturer's Preliminary Test and the ULI Certification Tests. Page 41 of 63 200196v1 3 Section 12. Miscellaneous. A. The Contractor shall hold harmless and indemnify the City from any and all claims, suits, and proceedings, including reasonable attorney fees and expenses, for infringement of any software licenses, copyrights or patent, or patents, covering the property purchased hereunder. B. Each and all of the covenants and agreements herein contained shall extend to and be binding upon the successors and assigns of the parties hereto; provided however, that the Contractor shall not assign this Contract with any person, firm, or corporation for the performance of the Contractor's obligations hereunder, or any part thereof, without the written approval of the City. C. This Contract shall be governed by the laws of the State of Minnesota. D. If either party waives any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. E. This Contract, and the Contract Documents, embody the entire understanding between the parties relating to the subject matter contained herein, and merges all prior discussions and agreements between them. No agent or representative of the Contractor has authority to make any representations, statements, warranties or agreements not herein expressed. THIS CONTRACT ENTERED INTO AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. CITY OF LAKEVILLE JH LARSON COMPANY BY: ________________________________ BY: ________________________________ Luke M. Hellier, Mayor Name:________________________ Title:_________________________ BY:_________________________________ Ann Orlofsky. City Clerk Page 42 of 63 Exhibit A Page 43 of 63 QUOTE DATE QUOTE NUMBER PAGE NO. CUSTOMER NUMBER CUSTOMER ORDER NUMBER JOB NAME QUOTED TO SALESPERSON SHIP VIA FREIGHT ALLOWED EXPIRATION DATE ORDER QTY UPC DESCRIPTION UNIT PRICE U EXT PRICE Quotation VIKING ELECTRIC 451 INDUSTRIAL BLVD NE MINNEAPOLIS,MN 55413-2938 612-627-1234 Fax 612-627-1240 csrZoneA@vikingelectric.com 01/19/24 S007713502 1 of 2 QUOTE TO:SHIP TO: CITY OF LAKEVILLE CITY OF LAKEVILLE 20195 HOLYOKE AVE 20195 HOLYOKE AVE LAKEVILLE, MN 55044-9047 LAKEVILLE, MN 55044-9047 952-469-4431 952-469-4431 14323 DOWNTOWN PLAZA CSR ZONE A Alex MPL-042A No 02/18/24 1ea ^LOT BILLING STRESSCRETE 84112.500 84112.50 * 30 - STRESSCRETE LTD K56-C-T-P4AR-III-75(SSL)-7030-120V - 3K-#5-PR7 -(TX - BLACK) * 30 - STRESSCRETE LTD KA43-A-T-1-FL-(TX - BLACK) * 1 STRESSCRETE LTD Freight * Quote valid for shipment until * * Price based on this BOM and qty s. Any deviation voids this quote * * BAA, ARRA or "Made in America" requirements are not considered i n this quotation unless specificall y noted. * * Made to order material and non-stock product are not returnable. * * Controls BOM and pricing does not assume code compliance. Compliance with MN State Energy code is the responsibility of the Architect, Engineer and/or Electrical Contractor. * *** Continued on Next Page *** Page 44 of 63 QUOTE DATE QUOTE NUMBER PAGE NO. CUSTOMER NUMBER CUSTOMER ORDER NUMBER JOB NAME QUOTED TO SALESPERSON SHIP VIA FREIGHT ALLOWED EXPIRATION DATE ORDER QTY UPC DESCRIPTION UNIT PRICE U EXT PRICE Quotation VIKING ELECTRIC 451 INDUSTRIAL BLVD NE MINNEAPOLIS,MN 55413-2938 612-627-1234 Fax 612-627-1240 csrZoneA@vikingelectric.com 01/19/24 S007713502 2 of 2 QUOTE TO:SHIP TO: CITY OF LAKEVILLE CITY OF LAKEVILLE 20195 HOLYOKE AVE 20195 HOLYOKE AVE LAKEVILLE, MN 55044-9047 LAKEVILLE, MN 55044-9047 952-469-4431 952-469-4431 14323 DOWNTOWN PLAZA CSR ZONE A Alex MPL-042A No 02/18/24 * Startup of any controls system is not included in the above bill of material unless specifically noted. Subtotal 84112.50 S&H CHGS 0.00 Amount Due 84112.50 TERMS & CONDITIONS TAXES NOT INCLUDED OUR PRODUCTS AND SERVICES ARE SUBJECT TO, AND GOVERNED EXCLUSIVELY BY, OUR TERMS AND CONDITIONS OF SALE, WHICH ARE INCORPORATED HEREIN AND AVAILABLE AT www.vikingelectric.com/terms ADDITIONAL OR CONFLICTING TERMS ARE REJECTECT, VOID AND OF NO FORCE OR EFFECT. Page 45 of 63 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Approving Purchase of Downtown Parking Lot Lights WHEREAS, the downtown parking lot lights are not functioning correctly, and in need of replacement; and WHEREAS, the current lights do not match the new downtown standard; and WHEREAS, there are public safety concerns; and WHEREAS, the estimated project cost is $72,000 and will be funded by the Streetlight Operating Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota approves the purchased of the downtown parking lot lights and hereby authorized staff to amend the 2024 budget up to 10% above the estimated cost. ADOPTED by the Lakeville City Council this 20th day of February 2024 CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 46 of 63 Date: 2/20/2024 Materials Acquisition From Dakota Unlimited for Fencing for East Lake Rough Fish Deterrence System Proposed Action Staff recommends adoption of the following motion: Move to approve purchase of fence materials from Dakota Unlimited for East Lake Rough Fish Deterrence System, City Project 23- 58. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) partnered to install a rough fish (i.e. carp, goldfish) deterrence system on East Lake to improve water quality and enhance fish habitat in 2023. East Lake is an impaired water body (excessive nutrient loading) located in the northeast quadrant of Pilot Knob Road and 170th Street and is a principal tributary connector to North Creek (and subsequently the Vermillion River). The system is located south of 173rd Street and prevents rough fish from migrating upstream and entering East Lake, thereby reducing nutrient loading. The contract with the manufacturer (Carp Solutions) of the rough fish deterrence system requires that the area surrounding the system be secured to prohibit unauthorized access and to limit potential bodily injury or harm. The Dakota Unlimited proposal satisfies the contract requirement. Project costs, including the fence materials, will be shared, and the system will be owned and maintained by the VRWJPO. The City's estimated cost share is 10% of the project cost; the City's estimated net total project cost is $37,500. Supporting Information 1. Dakota Unlimited Proposal for Fencing dated January 23, 2024 Financial Impact: $21,710 Budgeted: Yes Source: Utility Fund - Env. Res. Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Kelly Perrine, Environmental Resources Specialist Page 47 of 63 All credit card transactions will incur a 3% processing fee Tony Deeb See Aerial Map 173rd Street W N 150' 125'125' Page 48 of 63 Page 49 of 63 Date: 2/20/2024 Approval of 2024 Utility & Street Construction Standard Specifications and Detail Plates Proposed Action Staff recommends adoption of the following motion: Move to Approve 2024 Edition of the City of Lakeville Utility and Street Construction Standard Specification and Detail Plates Overview The City’s Utility and Street Construction Standard Specifications serve as the framework for a sustainable, strong-performing public infrastructure system. They establish guidelines for materials, testing and construction that maximize the life of public assets and minimize life- cycle costs. The City’s Public Works Department regularly reviews the City’s standards. The City of Lakeville Utility and Street Construction Standard Specification, 2024 Edition, incorporates revisions or corrections brought about by changes in industry practices or procedures and are like those of comparable cities. They also reference and incorporate changes recently adopted by the City Engineers Association of Minnesota and the Minnesota Department of Transportation. The changes contained in the City of Lakeville Utility and Street Construction Standard Specification, 2024 Edition, were prepared and reviewed by the Lakeville Public Works Department. Notable changes include residential and collector street section requirements as well as draintile installation requirements at low points. The changes benefit and preserve the integrity of the City’s infrastructure system and carry minor design, quantity and financial impacts. The City has implemented many of these changes in recent municipal improvement projects. These Standard Specifications ensure that all public infrastructure (both municipal and privately constructed projects) follow the same specifications. Supporting Information 1. Resolution spec and details plate updates 2. Summary of proposed Specification Changes Financial Impact: None Budgeted: No Source: N/A Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Paul Oehme, Public Works Director Page 50 of 63 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Approving Updates to Utility & Street Standard Specifications and Detail Plates WHEREAS, the City’s utility and street construction standard specifications serve as the framework for a sustainable, strong-performing public infrastructure system; and WHEREAS, they establish guidelines for materials, testing and construction that maximize the life of public assets and minimize life-cycle costs; and WHEREAS, the public works department regularly reviews the City’s standards and incorporates revisions or corrections brought about by changes in industry practices, procedures or changes recently adopted by the City Engineers Association of Minnesota and the Minnesota Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota approves the 2024 edition of the utility and street standard specifications and detail plates. ADOPTED by the Lakeville City Council this 20th day of February 2024 CITY OF LAKEVILLE ______________________________ Joshua Lee, Acting Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 51 of 63 20195 Holyoke Avenue, Lakeville, MN 55044 952-985-4400  952-985-4499 fax www.lakevillemn.gov To: Zachary Johnson, City Engineer From: Steve Ferraro, Public Works Coordinator Date: January 23, 2024 Re: 2024 City of Lakeville Specification Book Update Updates to the Specifications include: Section 4 – Street Construction for Public Use to be Maintained by the City 1. 7.00. Plant Mixed Bituminous Pavement (MnDOT 2360) MnDOT Type SP 12.5 SPNWB330C for base and binder courses along local residential streets and MnDOT TYPE SP 9.5 SPWEA340C shall be used for wear courses along local residential streets. 2. 7.02 Compactions Compaction shall be by the Specified Density Method for base and binder courses and by the Ordinary Compaction Method for wear courses. Bituminous core testing restoration shall be made by placing HMA (hot mix asphalt) and compact by means of a Marshall Hammer and restore surface within 24 hours of coring. Cold patch asphalt will not be allowed. 3. Modified LV-ST-8 (typical street sections) to reflect bituminous mix changes and section thickness changes for both Residential and Collector Streets. Section 8: Standard Detail Plates 1. Revised LV-STM-9A: All underdrain street crossings shall have 50LF mainline draintile installed up-gradient on both sides of the road. 2. Revised LV-ST-8: Street section modifications for both Residential and Collector roadways. Residential will be comprised of 1.5” SPWEA340C over 2.5” SPNWB330C over 8” Class 5 Aggregate Base over Select Granular based on subgrade “R” value. Collectors will be comprised of 2.0” SPWEA340C over 2.5” SPNWB330C over 8” Class 5 Aggregate Base over Select Granular based on subgrade “R” value. Page 52 of 63 20195 Holyoke Avenue, Lakeville, MN 55044 952-985-4400  952-985-4499 fax www.lakevillemn.gov 3. Revised LV-ST-15: Added a note that all ped ramp truncated domes shall be epoxy coated red in color as approved by the Engineer. Section 13: Materials Testing Requirements 1. Bituminous Tests A. Revised the core diameter to be 4 inch diameter cores. Page 53 of 63 Date: 2/20/2024 Resolution Supporting Dakota County’s Application for Funding Through the Rebuilding American Infrastructure with Sustainability and Equity Grant Program for the Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50 Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution supporting the submittal of an application for the 2024 Rebuilding American Infrastructure with Sustainability and Equity Grant Program for the Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50, City Project 26-05. Overview The United States Department of Transportation issued a Notice of Funding Opportunity for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program for transportation infrastructure projects with significant local or regional impact. The Federal Funding is authorized by the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law “BIL”). $1.5 billion is awarded annually (Fiscal Years 2022-2026) for Local and Regional Project Assistance Program Grants under National Infrastructure Investments. The deadline for the Fiscal Year 2024 RAISE application is February 28, 2024. The Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50 project is identified as a City Legislative Priority, and Dakota County is submitting a request for federal funding. A City Council resolution certifying project support is a requirement of the application. Supporting Information 1. 2024.02.20 Resolution of Support Financial Impact: $0 Budgeted: No Source: N/A Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zach Johnson, City Engineer Page 54 of 63 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24- Resolution Supporting Dakota County’s Application for Funding Through the Rebuilding American Infrastructure with Sustainability and Equity Grant Program for the Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50 WHEREAS, the United States Department of Transportation is providing funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program; and WHEREAS, the funding is intended to provide additional investment in regionally significant transportation infrastructure projects that improve safety, enhance economic growth and development of interstate commerce, and remove barriers to community access; and WHEREAS, $1.5 billion will be awarded for Fiscal Year 2024 funding; and WHEREAS, Dakota County, with support from the City of Lakeville, is submitting an application for funding for the Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50; and WHEREAS, Dakota County is requesting $25,000,000 in RAISE funding; and WHEREAS, Dakota County secured $5,040,000 in federal funding in the Fiscal Year 2023 federal budget to complete planning, design, and environmental analyses to ensure the project is shovel-ready and support efforts to explore funding options and leverage bonding/grant opportunities at the federal, state, and regional levels; and WHEREAS, to demonstrate local support and community consensus for the project, the City of Lakeville is submitting this Resolution of Support; and WHEREAS, the project will advance public safety initiatives, bolster the success of the local, regional, state, and national economy, and strengthen citizens’ quality of life; and WHEREAS, this project will help to improve regional highway and bridge performance and enhance interstate commerce of this Tier 1 regional freight corridor, essential to local businesses and the region; and WHEREAS, this project will provide long-term sustainable travel for all motorists and transit by reducing congestion, improving safety, improving travel times and create a future MnPASS corridor; and Page 55 of 63 WHEREAS, the current interchange and bridge is deficient in capacity and geometry, and a new interchange and bridge is necessary to address long-standing traffic congestion and safety concerns; and WHEREAS, the City of Lakeville has invested or $20 million along the Dakota County State Aid Highway 50 corridor in preparation for this project. NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville hereby supports an application to the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program for the Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50. ADOPTED by the City Council this 20th day of February 2024. BY: _______________________ Luke M. Hellier, Mayor ATTEST: ________________________ Ann Orlofsky, City Clerk Page 56 of 63 Date: 2/20/2024 Supplemental Agreement for Professional Services with WSB for Interim Environmental Resources Services Proposed Action Staff recommends adoption of the following motion: Move to approve WSB supplemental agreement for professional services for interim environmental resources division staff augmentation. Overview The City's Environmental Resources Division will have an open position (Environmental Resources Specialist) beginning March 4, 2024. To ensure the efficient use of existing personnel and maintain the effective delivery of environmental resources services, City staff recommends the use of consultants to provide temporary professional support. The temporary professional environmental resources services are anticipated to be necessary for two to three months or until the vacant position is filled. WSB's supplemental agreement includes the scope of services and cost to provide professional environmental resources services and is subject to the Master Services Agreement dated September 20, 2021. WSB's primary resposibilty/deliverable will be to provide program support for the City's Stormwater Pollution Prevention Plan (SWPPP), a requirement of the Minnesota Pollution Control Agency's National Pollutant Discharge Elimination System (NPDES) General Permit for Municipal Separate Storm Sewer Systems. In addition, WSB will complete a project; specifically, a) an audit of the City's MS4 Program, b) completion of individual MS4 Permit program tasks/requirements, and c) development of a comprehensive system for organizing and storing all MS4 records and documentation. Supporting Information 1. 2024.02.20 WSB SA Financial Impact: $50,873 Budgeted: No Source: Utility Fund - Environmental Resources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: McKenzie Cafferty, Environmental Resources Manager Page 57 of 63 G:\.Clients All\Lakeville\MS4\2024 MS4 Scope_Lakeville_021424_.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM February 14, 2024 Mr. Mckenzie Cafferty Environmental Resources Manager City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: 2024 MS4 Scope of Services Dear Mr. Cafferty: On behalf of WSB LLC (WSB), I am pleased to submit this proposal to provide program support of the City of Lakeville’s Stormwater Pollution Prevention Plan (SWPPP), which is required by the National Pollutant Discharge Elimination System (NPDES) General Permit for Municipal Separate Storm Sewer Systems (MS4). Task 1 - SWPPP Administration- $22,500 1.1 Meetings WSB proposes weekly meetings to provide updates on SWPPP activities. In addition, WSB staff will coordinate SWPPP activities with Communications, Streets, Utilities, Parks Maintenance, and other divisions to ensure MS4 Permit requirements are being conducted. 1.2 Organization WSB will work with City staff to implement the SWPPP that was developed in 2021 as part of the reauthorization. Our team will utilize program developed in task 4 to maintain organized and easy to access records of SWPPP activities to comply with the following: • Permit requirements for MCM 1-6, • Complete annual report writing including TMDL reporting and submittal for 2022, 2023 and possibly 2024, and • Preparation for possible future EPA/MPCA audits. WSB will complete review site plans for conformance with the City’s SWPPP review checklists for individual site plan submittals. This task will be billed separately to those corresponding project numbers. Task 2 - Self-Audit of Lakeville’s MS4 Program - $7,073 2.1 Meetings WSB proposes three meetings. A kick-off meeting will be scheduled once the proposal is signed and the meeting will allow WSB to gather information and discuss the plan and schedule. A second meeting will be scheduled to discuss the City’s SWPPP. The project will include a third meeting to review the Gaps Analysis and discuss necessary updates and recommendations for the City to consider. Fees for the meetings are included in the below tasks. Page 58 of 63 Mr. Mckenzie Cafferty February 14, 2024 Page 2 G:\.Clients All\Lakeville\MS4\2024 MS4 Scope_Lakeville_021424_.docx 2.2 SWPPP Review WSB will review the City’s existing SWPPP to ensure plan reviews, inspections, and other documentation requirements are consistent across departments within the City, and in compliance with regulatory mechanisms and the MS4 Permit. 2.3 Internal and External Functionality of Spreadsheet WSB will help City staff develop a living document for internal users. This document will be evaluated for completeness and consistency with the City’s MS4 Permit. This living document will be used to track annual tasks and include links for internal users to easily access information. The document will be compatible for external users with the capability of turning off information not pertinent for the public to view. 2.4 Gaps Analysis WSB will complete a Gaps Analysis and provide any necessary updates or recommendations to the City for consideration. This will ensure the City is in compliance with the MS4 Permit. Task 3 – Private BMP Program - $4,500 3.1 Program Design and Organization WSB will work with the City of Lakeville to use SWAMP to organize and track compliance of the Operation and Maintenance Agreements for each private BMP owner. If the City of Lakeville ends up pursuing the optional task and utilizes Datafi to achieve a portion of their MS4 requirements, then Datafi may also be used for the private BMP tracking. Task 4 – Organize and Store MS4 Records and Activities Data - $15,000 4.1 MS4 System Development WSB will develop a comprehensive system to store all required information for the six MCMs. The system will track the following: 1. MCM 1 – Educational activities for each year, including estimates on numbers of those who have received the information. 2. MCM 2 – Public participation and coordination activities for each year will be documented. 3. MCM 3 – A method to track all illicit discharges within the City and enforcement actions. 4. MCM 4 – A method to track all construction site inspections and enforcement actions including a method to track weekly construction site inspections. 5. MCM 5 – A method to track post construction stormwater activities. 6. MCM 6 – A method to track pollution prevention/good housekeeping activities. Page 59 of 63 Mr. Mckenzie Cafferty February 14, 2024 Page 3 G:\.Clients All\Lakeville\MS4\2024 MS4 Scope_Lakeville_021424_.docx Task 5 – Educational Trainings and videos - $1,800 5.1 WSB will coordinate the educational trainings and videos to ensure that all pertinent staff receive the required trainings. It is anticipated that these trainings will cover the City’s MS4 program requirements with more in-depth information related to the City’s IDDE program, construction site inspections and pollution prevention/good housekeeping practices. Optional future task: Datafi and weekly construction site tracking. The cost to be determined. SCHEDULE: The proposed scope of services can be initiated as soon as direction is provided by the City to begin the work. WSB will work with City staff on the required program development and implementation to keep the City of Lakeville in compliance with their MS4 permit requirements. The proposed schedule will be: Weekly Meetings and Program Management February 2024 - TBD Review SWPPP and Draft Spreadsheet March – April 2024 Final Spreadsheet June 2024 Gaps Analysis August 2024 Private BMP Program Development April - June 2024 Organize and Store MS4 Records and Activities Data March - July 2024 Educational Trainings and Video April - May 2024 PROPOSED FEE: Based on the tasks proposed for 2024 MS4 services listed above the services will be performed by WSB in an amount not to exceed $50,873, which services shall be billed at hourly rates provided under the Master Services Contract. We appreciate the opportunity to share this proposal with you and look forward to working with the City of Lakeville to efficiently maintain compliance with the MS4 permit. If you have any questions about this proposal, please contact me at 612.990.3576 or email jnewhall@wsbeng.com. Sincerely, WSB Jake Newhall, PE. Rebecca Haug Director of Water Resources Sr. Project Manager mj Page 60 of 63 Date: 2/20/2024 Temporary on-sale liquor license to Dakota Curling Club for Curling Tournament Proposed Action Staff recommends adoption of the following motion: Move to approve the issuance of a temporary on-sale liquor license to Dakota Curling Club. Overview The Dakota Curling Club applied for a temporary on-sale liquor license for its Curling Tournament on May 3-5, 2024. The tournament will be held at the Dakota Curling Club, and they will erect a temporary tent in the parking lot for overflow seating. Supporting Information 1. Outdoor Event Stipulations Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 61 of 63 Stipulations for Outdoor Events with Alcohol and Music 1. Fencing shall be erected around the designated event area to control access. 2. Event organizers shall comply with fire codes, emergency exit and ADA requirements and provide sanitation facilities commensurate with anticipated attendance. 3. A permit from the Fire Department is required for any tent larger than 400 square feet. 4. Alcohol sales shall be allowed only within the designated event area and only by licensed event organizers and contracted catering services. 5. Alcohol sales and consumption shall remain within the designated event area. All exits must be staffed by event personnel. 6. Event organizers must provide proof of liquor liability insurance naming the City of Lakeville as an additional insured. The endorsement which describes how the City of Lakeville is covered as an additional insured must be included. 7. Event organizers shall ensure that all participating food vendors comply with Federal, State, and County health/safety requirements and regulations. 8. Notification of the event must be provided to all surrounding property owners at least two weeks prior to the event. 9. Event personnel shall control access, identify those of legal age to consume alcohol and assist the Police Department in clearing the event area after 11:00 p.m. 10.Event organizers shall comply with the City’s noise amplification ordinance. Live or recorded music must cease at or before 10:30 p.m. 11.Alcohol service must cease at or before 10:30 p.m. 12.The closing time shall be prominently displayed throughout the event area. 13.For security purposes, the event organizer shall hire off-duty police officers and/or police reserves as directed by the Police Department. 14.The Police Chief, Fire Chief or a designee may direct the event organizer to control the level of noise and/or terminate the event at any time for any reason. Page 62 of 63 Date: 2/20/2024 Public Hearing on the application for Lakeville Brewing Co., LLC DBA "LBC on the Lake" for an on-sale wine and on-sale 3.2% malt liquor license Proposed Action Staff recommends adoption of the following motion: Move to grant an on-sale wine and on-sale 3.2% malt liquor license for LBC on the Lake at 20135 Ipava Avenue. Overview LBC on the Lake, located at 20135 Ipava Avenue, will open a concession building in Antlers Park. The business will operate as a counter-service concession stand, allowing consumption of food and N/A drinks throughout the park. Food, beer, and wine consumption will be permitted in the fenced area adjacent to and to the west of the building. The Police Department conducted a background investigation on the corporate officers and found no reason to deny the licenses requested. Therefore, the applicants will be present at the public hearing. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 63 of 63