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HomeMy WebLinkAbout04-01-2024 Agenda Packet AGENDA CITY COUNCIL MEETING April 1, 2024 - 6:00 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 a. National Day of Prayer Proclamation b. Public Works Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 03/18/2024 City Council Meeting c. Agreement with Tennis West, LLC for 2024 Court Resurfacing d. Resolution to Support an Application of a Metropolitan Council Water Efficiency Grant e. Northland Collision Conditional Use Permit Amendment f. Agreement with AmeriCorps for Climate Impact Corps Member for Forestry Division g. Agreement with Friedges Contracting Company, LLC for General Site Improvements at Avonlea Community Park: CIP #24-20 h. Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Shade Structures and Installation of Custom Shade Sail System i. Professional Services Agreement with RJM Construction j. Agreement with EMI Audio for the Antlers Park Building Sound System Page 1 of 291 City Council Meeting Agenda April 1, 2024 Page 2 k. Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Splash Pad and Installation 7. Action Items a. Public hearing on the application for Phoenix Cove Event Center, LLC DBA "Phoenix Hall Event Center" for an On-Sale Wine and On-Sale 3.2% Malt Liquor License b. Public Hearing and Award of Contract for the 2024 Street Reconstruction/Rehabilitation Improvement Project 24-02 c. Public Hearing and Resolution Adopting Assessment For Unpaid Special Charges 8. Unfinished Business 9. New Business 10. Announcements a. Next Regular City Council Meeting, April 15, 2024 b. Next Work Session Meeting, April 22, 2024 11. Adjourn to a closed session (Minn. Stat. 13D.05, subd.3(b)(3)) a. Closed Session—Attorney-Client Privileged Discussion of Proposed Settlement Terms in City of Lakeville v. Julie A. Larson et al., 19HA-CV-21-3756. The City Council may close the meeting as permitted by Minn. Stat. § 13D.05, subd. 3(b) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential settlement, and strategy regarding the above legal action. Page 2 of 291 Date: 4/1/2024 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview A summary of the claims paid during the period 03/06/2024 – 03/27/2024 is as follows: Checks 322053-322189 $953,844.85 ACH 16241-16364 $1,068,974.09 Electronic Funds Transfer (EFT) 20240161- 20240178 $1,575,045.57 Total $3,597,864.51 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 3.26.24CKSUM 2. Check Register 3.26.24 for Apr 1,2024 Council Mtg Financial Impact: $3,597,864.51 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 291 3/26/2024City of Lakeville 8:03:29R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/27/20243/6/2024 - Company Amount 296,071.4201000GENERAL FUND 10,810.0902000COMMUNICATIONS FUND 325.00032512021 A APEX ENERGY SAVINGS 77,108.5204000BUILDING FUND 111,535.8604100EQUIPMENT FUND 2,029.8904125TECHNOLOGY FUND 411.6004161ARENAS CAPITAL IMPROVEMENTS 13,007.77047002022 C PARK BONDS 5,908.59047102023 A PARK BONDS 133,977.64047202024 X PARK BONDS 37.0005200STATE AID CONSTRUCTION FUND 7,507.0005300PAVEMENT MANAGEMENT FUND 3,855.270658622-03 210TH ST LKVL BLVD RECON 3,000.000658721-26 ROYAL MILC PROP ACQ-8860 2,255.00065902023 "" STREET RECONSTRUCTION 40,228.000659624-03 COLLECTOR RD REHAB 852.4307450ENVIRONMENTAL RESOURCES FUND 325.00075042016 A WATER REVENUE BONDS 2,192.13-07550 UTILITY FISCAL ADMINISTRATION 62,679.4007575STREET LIGHTING FUND 114,108.4807600WATER FUND 459,850.1207700SEWER FUND 714,105.5207800LIQUOR FUND 28,211.3007900MUNICIPAL RESERVES FUND 4,044.9508000ESCROW FUND - DEVELOPERS/BUILD 980.8308910ESCROW - DCA/SECTION 125 314,866.0808950DAKOTA 911 - OPERATING FUND 44,672.1208970LAKEVILLE ARENAS - OPERATIONS 1,147,291.7609800PAYROLL CLEARING FUND Report Totals 3,597,864.51 Page 4 of 291 MINUTES CITY COUNCIL MEETING March 18, 2024 - 6:00 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 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; John Hennen, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments None 4.Additional agenda information 5.Presentations/Introductions Fire Chief Mike Meyer recognized Fighter Greg Stommes on his Retirement. 6.Consent Agenda Motion was made by Lee, seconded by Bermel, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary b.Minutes of the 03/04/2024 City Council Meeting c.Resolution No. 24-031 Amending the 2023 Park Bonds Fund and Stormwater Infrastructure Fund Budgets d.Joint Powers Agreement with the Dakota County Community Development Agency for the Open to Business Program e.Resolution No. 24-032 Approving the 2024 Advisory Board Appointments f.Resolution No. 24-033 Approving Changes to the Lakeville Area Arts Center Advisory Board g.Minutes of the 02/26/2024 City Council Work Session h.Resolution No. 24-034 Amending the 2023 MSA Fund Budget (CP24-04) Page 5 of 291 City Council Meeting Minutes March 18, 2024 Page 2 i.Supplemental Agreements for Professional Services with WSB for Environmental Services j.Award of Contract for the 2024 Miscellaneous Roadway Repairs and Overlays Project k.Urgent/Vet Conditional Use Permit l.Resolution No. 24-036 Supporting Retention of City Zoning Authority 7.Action Items a.Agreement with APX Construction Group, LLC. for the Construction of Park Buildings at Avonlea Community Park: CIP #24-20 Park and Recreation Director John Hennen explained the construction of Avonlea Community Park was one project as part of the successful Park Bond Referendum in November 2021. The project includes items such as the construction of pickleball courts, athletic decks, a playground, a splash pad, a challenge course, a cricket pitch, trails, and a baseball complex. Staff is recommending approval of an agreement with APX Construction Group, LLC. for the construction of three buildings at Avonlea Community Park at a cost of $5,204,313.00, which includes selecting Alternate #2 and #3, which are deducted from the base bid. Alternate #2 includes omitting wash-type light fixtures at the main building and field support building, and Alternate #3 includes providing 8-inch-high CMU burnished block material in lieu of the base bid 4-inch high CMU burnished block material. Alternate #1, which was not selected, was omitting the construction of the field support building in its entirety. Motion was made by Bermel, seconded by Volk, to approve the agreement with APX Construction Group, LLC. for the Construction of Park Buildings at Avonlea Community Park, CIP #24-20. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business None 9.New Business None 10.Announcements o The Work Session on March 25, 2024 has been canceled. o The next Regular Scheduled Meeting is April 1, 2024 Page 6 of 291 City Council Meeting Minutes March 18, 2024 Page 3 11.Adjourn Motion was made by Wolter, seconded by Lee, 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 291 Date: 4/1/2024 Agreement with Tennis West, LLC for 2024 Court Resurfacing Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with Tennis West, LLC for 2024 court resurfacing. Overview The City of Lakeville is seeking to resurface one full basketball court and two tennis courts located at Oak Shores Park along with installation of pickleball court lines on the basketball court at Kensington Park. Courts are resurfaced to maintain safety, playability, and to increase the lifespan of the court. Requests for proposals were sent to three contractors with two providing proposals. The low proposal was submitted by Tennis West, LLC at a cost of $29,600. At this time, staff is recommending that the Mayor and City Council approve the Agreement with Tennis West, LLC at a cost of $29,600. Supporting Information 1. 2024 Court Resurfacing Agreement - Tennis West 2. RFP Results - 2024 Court Resurfacing Financial Impact: $29,600.00 Budgeted: Yes Source: Major Maintenance Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Paul Miskimen, Parks Supervisor Page 8 of 291 1 223319v1 AGREEMENT BETWEEN CITY OF LAKEVILLE AND TENNIS WEST, LLC. FOR 2024 COURT RESURFACING THIS AGREEMENT made this 1st day of April 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and TENNIS WEST, LLC, a Minnesota corporation (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposals dated January 5, 2024, prepared by the City of Lakeville. C. Contractor’s Proposal dated March 15, 2024. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. 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. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor’s Proposal, in the amount of $29,600.00 which is inclusive of all taxes and reimbursable expenses. Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Parks Superintendent. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the City will pay the Contractor. Such payment shall be made not later than thirty (30) days after completion, certification thereof, and invoicing by the Contractor. Page 9 of 291 2 223319v1 B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Parks Superintendent. Final completion shall be when all of the work is completed per the contract. 5. COMPLETION DATE. The Work must be completed by August 9, 2024. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. Page 10 of 291 3 223319v1 F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. 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 Statutes § 471.425. Contractor must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Contractor’s receipt of payment from City. Contractor must pay interest of one and five-tenths percent (1.5%) 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 One Hundred and no/100 Dollars ($100.00) or more is Ten and no/100 Dollars ($10.00). 8. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 9. 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 Page 11 of 291 4 223319v1 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”. 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. 10. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty work for a period of one year post substantial completion of the project. 11. 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. 12. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are not required. 13. MISCELLANEOUS. A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal Page 12 of 291 5 223319v1 representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 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. C. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. D. All reports, plans, models, software, 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. E. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. F. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. Page 13 of 291 Page 14 of 291 Contractor TOTAL Oak Shores Basketball Court 3,600 Sq Ft Oak Shores Tennis Courts 14,400 Sq Ft Kensington Park Paint Complete Pickleball Tennis West $29,600.00 $5,800.00 $23,200.00 $600.00 Upper Midwest Athletic Construction $31,560.00 $6,012.00 $24,048.00 $1,500.00 C & H Sport Surfaces, Inc.Did not submit a Proposal 2024 Court Resurfacing RFP Results 3/15/2024 Page 15 of 291 Date: 4/1/2024 Resolution to Support an Application of a Metropolitan Council Water Efficiency Grant Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution for the submission of an application to the Metropolitan Council for a 2024-2026 Water Efficiency Grant program. Overview In 2023, the Minnesota Legislature appropriated funds to the Metropolitan Council from the Legacy Amendment's Clean Water Fund for 2024-2026 to establish a water conservation grant program. The goal of the water efficiency grant program is to support technical and behavioral changes that improve municipal water use efficiency in the seven-county metropolitan area. Grants will be awarded to municipalities in amounts ranging from $5,000 to $50,000 for providing rebates or grants to property owners who are customers of the Lakeville water system. Grant payments to the municipality will be for 80% of approved program amounts. Municipalities participating in the grant program must provide the remaining 20% of the rebated/granted amount to the property owner. Utilities staff has developed a rebate-structured design for Lakeville residents and businesses who are customers of the Lakeville water system. Eligible water efficiency devices include: toilets; 50% of the cost of each toilet up to $200 (limit 4 per residence), irrigation controllers; 50% of the cost up to $200, (limit 1 per residence) and irrigation sprinkler bodies; 75% of the cost of each sprinkler body up to $10 per body and up to $100 total. Items must be certified EPA WaterSense devices to be eligible for rebates. Once the rebate program goes live, residents would be able to purchase the above-mentioned water-saving devices, then submit a rebate request to city staff. Upon staff approval, residents will receive a rebate on their next utility bill. The rebate program is tentatively scheduled to begin this summer. Supporting Information 1. Final Grant Application 2. Water Efficiency Grant Program Guidelines 3. Water Efficiency Web page PDF version 4. Resolution to Support an Application of a Metropolitan Council Water Efficiency Grant Financial Impact: $10,000/year Budgeted: Yes Source: 7601-6280 Water Conservation Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 16 of 291 Page 17 of 291 Page - 1 2024 – 2026 METROPOLITAN COUNCIL WATER EFFICIENCY GRANT PROGRAM APPLICATION FORM updated 02/08/2024 Applicant Information: MUNICIPALITY: MUNICIPAL UTILITY: MAILING ADDRESS: Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of the municipal water supply system and who replace specified water using devices with approved devices that use substantially less water. In municipalities where only some neighborhoods or areas are served by a municipal public water supply system, only those served by the municipal public water supply system are eligible. If applicable, please specify what parts of your municipality would be eligible to receive rebates or grants: Primary Contact Information: Municipality primary authorized representative (all correspondence regarding the Water Efficiency Grant Program should be addressed to individual named below): NAME: TITLE: STREET: CITY, ZIP: PHONE: EMAIL: Page 18 of 291 Page - 2 | METROPOLITAN COUNCIL Secondary Contact Information: Municipality secondary authorized representative: NAME: TITLE: STREET: CITY, ZIP: PHONE: EMAIL: Water Use and Savings Information: Municipal Total Per Capita Water Use, in gallons per person-day (2022): Municipal Residential Per Capita Water Use, in gallons per person-day (2022): Municipal Ratio of Peak Month to Winter Month Water Use (2022): Municipality’s estimated annual water savings from proposed program, in gallons: Page 19 of 291 Page - 3 | METROPOLITAN COUNCIL Program Design: Requested Grant Amount (must equal 80% of total program budget): Required Municipality Matching Amount (must equal 20% of total program budget): Total Program Budget (Requested Grant Amount + Match): Example Calculation: Requested Grant Amount $16,000 (80% of total) Required Municipality Matching Amount $4,000 (20% of total) Total Program Budget $20,000 (100% of total) Will your program be a grant program or rebate program? Estimated Number of Items: Item Estimated Number Toilets Irrigation Controllers Irrigation Spray Sprinkler Bodies Irrigation System Audits Showerheads Clothes Washing Machines Dishwashers Page 20 of 291 Page - 4 | METROPOLITAN COUNCIL Project Work Plan and Schedule:* Task Description Responsible Person Start Date Completion Date * Municipality may create own project plan and schedule form Page 21 of 291 Page - 5 | METROPOLITAN COUNCIL Communications to Property Owners: How will your program be advertised (check all that apply): Newsletter Print media Email X (formerly Twitter) Website Radio Television Facebook Nextdoor Other social media Please attach examples of proposed newsletter, print media, or email communications. Critical Points to Remember: •The applying municipality must be served by a municipal public water supply system •New construction and new developments are not eligible •A portion of each eligible activity’s cost must be paid by the property owner •Funds are for rebates or grants only; consulting and city staff time are ineligible •Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications Page 22 of 291 City of Lakeville Water Efficiency Grant Work Plan and Schedule Task Responsible Person Start Date Completion Date Design rebate program to accept toilets, irrigation controllers, and irrigation spray bodies as qualifying items.Steve Grossman 3/1/2024 3/5/2024 Develop PDF rebate reimbursement form for Lakeville residents and businesses.Steve Grossman 3/2/2024 3/11/2024 Develop webpage dedicated to the Water Efficiency Grant Rebate Program. Barb Klausler, Communications Dept.3/2/2024 3/18/2024 Choose methods for rebate program advertisement. Steve Grossman Barb Klausler 3/2/2024 3/7/2024 Submit completed grant application to MCES. Steve Grossman By March 29, 2024 Receive notification of grant award from Metropolitan Counsel.Steve Grossman By May 24, 2024 Bring Resolution to Lakeville City Council for the approval of funds provided by MCES for the Water Efficiency Grant.Steve Grossman 6/17/2024 6/17/224 Advertise rebate program on X, Facebook, City of Lakeville website, Nextdoor app, Bi- weekly ad in SunThisweek newspaper, ad in 8-page quarterly editions Steve Grossman Barb Klausler, Communication Dept.7/5/2024 Throughout rebate depending on rebate interest. Receive rebate request forms from residents and businesses. Steve Grossman Melissa Smith-Utilities Dept. Admin Asst.7/5/2024 Throughout rebate depending on rebate interest and/or June 30, 2026. Submit quarterly grant reimbursement to MCES.Steve Grossman TBD Quarterly, until funds are depleted. Retain records of property information, type and number of devices purchased within the rebate program, and amount of money from MCES, each resident, and from City of Lakeville.Steve Grossman 7/5/2024 6/30/2026, or until funds are depleted. Page 23 of 291 1 2024 – 2026 METROPOLITAN COUNCIL WATER EFFICIENCY GRANT PROGRAM GUIDELINES updated 02/08/2024 Overview The Metropolitan Council (Council) will implement a water efficiency grant program effective July 1, 2024 to June 30, 2026. Grants will be awarded on a competitive basis to municipalities that are served by a municipal water system. The Council will provide 80% of the program cost; the municipality must provide the remaining 20%. Municipalities will use the combined Council and municipality funds to run their own grant or rebate programs. Grants will be made available in amounts with a minimum of $5,000 and a maximum of $50,000. Grantees will be required to provide estimated water savings achieved through this program for Clean Water, Land & Legacy Amendment reporting purposes. Legislative Directive - Minnesota 2021 Session Law $750,000 the first year and $750,000 the second year are for the water demand reduction grants to assist municipalities in the metropolitan area with implementing water demand reduction measures to ensure the reliability and protection of drinking water supplies. Fiscal year 2024 appropriations are available until June 30, 2025, and fiscal year 2025 appropriations are available until June 30, 2026. Grant Program Goal The goal of the water efficiency grant program is to support technical and behavioral changes that improve municipal water use efficiency in the seven-county metropolitan area. Critical Points to Remember • The applying municipality must be served by a municipal public water supply system • New construction and new developments are not eligible • A portion of each eligible activity’s cost must be paid by the property owner • Funds are for rebates or grants only; consulting and city staff time are ineligible • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications Page 24 of 291 2 Grant Program Structure: Administration and Funding The Water Efficiency Grant Program will be administered by Metropolitan Council Environmental Services (Environmental Services) and will be funded with $1,100,000 appropriated by the 2023 Minnesota Legislature. Grant applications will be reviewed and ranked by Metropolitan Council Water Resources staff. The remaining $400,000 of this funding has been allocated to a different, equity- focused municipal water efficiency grant project. Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of the municipal water supply system and who replace specified water using devices with approved devices that use substantially less water. In municipalities where only some neighborhoods or areas are served by a municipal public water supply system, only those served by the municipal public water supply system are eligible. Grants will be awarded to municipalities in amounts ranging from $5,000 to $50,000 for providing rebates or grants to property owners. Municipalities will be responsible for the design and operation of their rebate or grant program and its details. Grant payments to the municipality will be for 80% of approved program amounts. The municipality must provide the remaining 20% of the granted/rebated amount to the property owner. Municipality rebates or grants are eligible for reimbursement on device replacements conducted July 1, 2024 through June 30, 2026. Here is an example of the grant funding design: Metropolitan Council Grant Amount $16,000 (80% of total) Municipality Match $4,000 (20% of total) Municipality Grant/Rebate Program Total $20,000 (100% of total) Eligibility This grant program is limited to municipalities in the seven-county metropolitan area. Municipalities eligible per above must apply to participate and, if approved, sign a standard Council Grant Agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require that municipalities: • Entirely pass through grants received (as is being done by Environmental Services) • Verify purchase of devices to receive grants • Retain records and cooperate with any audits • Conduct all communications with property owners and ensure all written communications to property owners include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council’s logo • Provide quantitative information for state reporting purposes Eligible water efficiency devices consist of the following: • Toilet replacement with a US EPA WaterSense labeled toilet • Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather- based or soil moisture-based • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body • Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program • Showerhead replacement with a US EPA WaterSense labeled showerhead Page 25 of 291 3 • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher Expenses eligible for reimbursement are the out-of-pocket cost of the device and its installation only, not to include any owner labor costs. In addition, new construction and new developments are ineligible, as this program is intended as a current infrastructure replacement program. Application Process • Applicants must be served by a municipal public water supply system • Municipalities will submit Environmental Services supplied application form by March 29, 2024. Required information includes: o the municipality’s rebate or grant program design and work plan o proposed examples of communications to property owners o requested total grant amount o estimated annual amount of water saved by the applying municipality • Application form is available at: https://metrocouncil.org/Wastewater-Water/Planning/Water- Supply-Planning/Grants/Water-Efficiency-Grant-Program/Water-Efficiency-Grant- Application.aspx • Submit competed application to: henry.mccarthy@metc.state.mn.us • Metropolitan Council will notify municipalities of grant awards by May 24, 2024. Proposal Selection Criteria In the event that funds requested exceed funds available, the following criteria will be used to determine the amount granted to a given municipality: • Municipalities with identified water supply issues in Master Water Supply Plan Community Profiles or Local Water Supply Plans • Municipalities’ ratio of peak monthly water use to winter monthly water use • Municipalities’ average residential per capita water use • The order in which applications are received and until grant funds are completely committed Funding Process and Reporting Requirements • Utilizing forms provided by Environmental Services, the following information must be reported on a quarterly basis: o Number, type and amount of rebates or grants provided to property owners, along with each property address o Estimated annual gallons of water saved per device installation o Municipality matching funds disbursed o Number of unmet funding requests from property owners, if any • Upon review and confirmation of the above information, Environmental Services will process a grant payment in the amount of 80% of approved total rebates or grants for the reporting period. • Environmental Services will provide confirmation of grant balances available upon request and reserves the right to amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant programs will not fully utilize grant awards within the grant period. Page 26 of 291 4 Qualified Activities • Toilet replacement with a US EPA WaterSense labeled toilet: https://lookforwatersense.epa.gov/products/Product-Search-Results-Toilets.html • Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather- based or soil moisture-based: https://lookforwatersense.epa.gov/products/Product-Search-Results-IrrigationController.html https://lookforwatersense.epa.gov/products/Product-Search-Results- SoilMoistureBasedIrrigationController.html • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body: https://lookforwatersense.epa.gov/products/Product-Search-Results-Sprinkler.html • Irrigation system audit by an Irrigation Professionals certified by a US EPA WaterSense program: https://lookforwatersense.epa.gov/pros/ • Showerhead replacement with a US EPA WaterSense labeled showerhead: https://www.epa.gov/watersense/showerheads • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine: https://www.energystar.gov/productfinder/product/certified-clothes-washers/results • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher: https://www.energystar.gov/products/dishwashers Determining Estimated Water Savings Many manufacturers include annual water savings estimates in their device descriptions or specifications, and irrigation professionals report estimated savings after performing an irrigation system audit. In cases where estimated annual water savings are not provided or can’t be found, the WaterSense and Energy Star websites have information on estimated water savings. • Toilet: https://www.epa.gov/watersense/residential-toilets • Irrigation controller: https://www.epa.gov/watersense/watersense-labeled-controllers • Spray sprinkler body: https://www.epa.gov/watersense/spray-sprinkler-bodies#:~:text=WaterSense%20Savings,- Experts%20estimate%20that&text=Installing%20WaterSense%20labeled%20spray%20sprinkle r,water%20and%20sewer%20costs%20annually. • Irrigation audit: https://www.epa.gov/watersense/irrigation-pro Page 27 of 291 5 • Showerhead: https://www.epa.gov/watersense/showerheads • Clothes washing machine: https://www.energystar.gov/products/clothes_washers#:~:text=ENERGY%20STAR%20can%20 help%20families,less%20water%20than%20regular%20washers. • Residential dishwasher: https://www.energystar.gov/products/dishwashers Page 28 of 291 6 Reporting Example Property Street Address and Zip Code (Select) Property Type: (Select) Water Device Replaced: Cost per Device ($): # of Devices: Rebate or Grant per Device ($) Est. Annual Water (Gallons) Saved Per Device: Total Rebate or Grant Municipality Contribution: Eligible Grant Amount Estimated Annual Water Saved (Gallons): 2094 Proviso Avenue Residential Clothes Washer $800.00 1 $200.00 5,000 $200.00 $40.00 $160.00 5,000 3452 Enola Drive Residential Irrigation Controller $250.00 1 $150.00 20,000 $150.00 $30.00 $120.00 20,000 994 Argentine Place Residential Irrigation Controller $200.00 1 $150.00 20,000 $150.00 $30.00 $120.00 20,000 5377 Shoreham Way Residential Toilet $350.00 1 $125.00 7,000 $125.00 $25.00 $100.00 7,000 Calculated Totals: Page 29 of 291 PDF version of web page on city website Water Efficiency Rebate The Metropolitan Council, through funding from the Clean Water Land and Legacy Amendment, has awarded the City of Lakeville a water efficiency grant. The goal of the water efficiency grant program is to improve municipal water use in cities that are supplied with 100% ground water and are identified as having water supply issues by helping to conserve water. The City of Lakeville is utilizing the water efficiency grant monies to offer Lakeville residents and businesses a rebate program. The rebate program will include replacement of existing water-using devices with specified water-efficient devices purchased July 1, 2024, through June 30, 2026, or until funds are depleted. How the Program Works The rebate program is limited to property owners who are customers of the City of Lakeville water supply system. Expenses eligible for the rebate include the out-of-pocket cost of the replacement device (labor and taxes not included). New construction, new development and the replacement of existing water- efficient devices are ineligible as this program is intended as a current infrastructure replacement program. Home-Owner Associations (HOA’s) are not eligible for irrigation product rebates. Eligible rebates include and are limited to the following: Toilets-50% of cost up to a maximum of $200 for toilets replaced with a US EPA WaterSense labeled toilet. Maximum four toilets. o Click here for a list of WaterSense labeled toilets. Irrigation (lawn sprinkler) controllers-50% of cost up to $200 for irrigation controllers replaced with a US EPA WaterSense labeled controller o Click here for a list of WaterSense labeled irrigation controllers Irrigation sprinkler body replacement-75% of the cost of each sprinkler body up to $10 per sprinkler body, limited to $100 for irrigation sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body. Home-Owner Associations (HOA’s) are not eligible for irrigation product rebates. o Click here for a list of US EPA WaterSense labeled irrigation sprinkler bodies. Page 30 of 291 Applying for your Rebate Rebate funds are limited. Rebate requests will be processed in the order in which they are received until funds are depleted or until June 30, 2026, whichever comes first. Click on the appropriate Rebate Request Form link below. Submit the completed request form with a receipt for qualifying purchase no later than June 30, 2026, assuming funds are still available. Water Efficiency Rebate Request Form Rebate applications can be submitted the following ways: 1. Through the City of Lakeville website 2. Or Email to: sgrossman@lakevillemn.gov 3. Or Mail to: City of Lakeville Water Efficiency Rebate Program Attn: Steve Grossman 20195 Holyoke Ave Lakeville, MN 55044 Rebate Reimbursement Rebates will be reimbursed as a credit through the property owner’s quarterly water utility bill following approval of application and receipt. You may be selected for inspection to verify products have been installed in accordance with the Water Efficiency Rebate criteria. Receipts must clearly show: 1. Date of purchase 2. Product information (SKU &/or model name) 3. Payment method Page 31 of 291 Links to WaterSense product information: WaterSense Toilet information: https://www.epa.gov/sites/default/files/2017-01/documents/ws- products-factsheet-toilets_0.pdf WaterSense Toilet Fact Sheet: https://www.epa.gov/sites/default/files/2017-01/documents/ws- products-factsheet-toilets_0.pdf WaterSense Irrigation Controller information: https://www.epa.gov/watersense/watersense- labeled-controllers#tab-1 WaterSense Irrigation Controller Fact Sheet: https://www.epa.gov/sites/default/files/2021- 03/documents/ws-outdoor-combined-irrigation-controller-fact-sheet.pdf WaterSense Spray Sprinkler Body information: https://www.epa.gov/watersense/spray- sprinkler-bodies EPA WaterSense labeled Spray Sprinkler Body Fact Sheet: https://www.epa.gov/sites/default/files/2017-01/documents/ws-products-factsheet-irrigation- sprinklers.pdf WaterSense for Kids! https://www.epa.gov/watersense/watersense-kids Page 32 of 291 FAQ’s 1. Who is eligible for the Water Efficiency Rebates? 2. Is there a limit to the number of rebates per address? 3. What documentation is required to receive the Water Efficiency Rebate? 4. Are multi-unit complexes eligible to receive the Water Efficiency Rebate? 5. When and how will I receive my rebate? 6. How do I know if funds are available? 7. Are inspections required to receive the Water Efficiency Rebate? 8. Which irrigation sprinkler bodies are eligible for Water Efficiency Rebates? 9. Which irrigation controllers are eligible for Water Efficiency Rebates? 10. Which toilets are eligible for Water Efficiency Rebates? 11. How do I submit a rebate request form? 12. What dates must the qualifying water efficiency products be purchased? 13. Are there any plumbing permits required? 14. Where can I find more information about water conservation? 15. Can I get a rebate for the devices in my new home? Contact City of Lakeville Steve Grossman, Utilities Supervisor 952-985-2742 Page 33 of 291 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Approving the Submission of a Water Efficiency Grant Application with the Metropolitan Council WHEREAS, the Metropolitan Council provided notice to the City of Lakeville that funding for the Water Efficiency Grant Program will be available July 1, 2024 through June 1, 2026; and WHEREAS, the City of Lakeville may apply for funding assistance to the Metropolitan Council Water Efficiency Grant Program; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1. The City of Lakeville may apply for a Water Efficiency Grant with the Metropolitan Council, a copy of which was before the Council. 2. The proper City officials are authorized to execute such agreement, and any amendments thereto. ADOPTED by the Lakeville City Council this 1st day of April 2024. CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 34 of 291 Date: 4/1/2024 Northland Collision Conditional Use Permit Amendment Proposed Action Staff recommends adoption of the following motion: Move to approve the Northland Auto Repair Conditional Use Permit Amendment and adopt the findings of fact. Overview Northland Collision representatives have applied for a conditional use permit amendment to expand the major auto repair facility located at 7430 – 160th Street. The 8,436 square foot building was constructed in 1984 and has been approved for two previous building additions in 1999 and 2018. The proposed addition will include a 3,828 square foot, two-level expansion on the southeast side of the existing building. The addition requires an amendment to Conditional Use Permit 18-10 and 99-01 subject to the performance standards outlined in the C-3, General Commercial District for major auto repair. The Planning Commission held a public hearing on the conditional use permit amendment at its March 18, 2024 meeting. The Planning Commission recommended unanimous approval of the conditional use permit amendment subject to four stipulations. There was no public comment. Supporting Information 1. Conditional Use Permit form 2. Findings of Fact 3. March 21 draft Planning Commission minutes 4. Planning report and exhibits Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner Page 35 of 291 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 24-___ AMENDMENT TO CUP 18-10 AND 99-01 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit amendment to Northland Collision for a building expansion in the C-3, General Commercial District. 2. Property. The permit is for the following described property located at 7430 160th Street West in the City of Lakeville, Dakota County, Minnesota: Lot 2, Block 1, DAKOTA PLAZA 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The addition shall be constructed in accordance with the plans submitted with the conditional use permit application and as approved by the City Council. b) A sign permit shall be obtained prior to installation of any signage. c) The stipulations of conditional use permits (01 and 18-10) shall remain in full force and effect, as they apply to the amended conditional use permit for the building addition. d) The existing sidewalk along the east side of the building shall be extended south along the full length of the building. 4. Revocation. The City may revoke the conditional use permit for cause upon determination that the conditional use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. 5. Expiration. This conditional use permit shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit unless an extension is approved by the Zoning Administrator. Dated: April 1, 2024 Page 36 of 291 2 BY: ________________________ Luke M. Hellier, Mayor BY:________________________ Ann Orlofsky, City Clerk SEAL STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 1st day of April 2024 by Luke M. Hellier, Mayor and by Ann Orlofsky, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 37 of 291 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA NORTHLAND COLLISION CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND DECISION On March 21, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Northland Collision for a conditional use permit amendment to allow an addition to the major auto repair building located at 7430 – 160th Street. The Planning Commission conducted a public hearing on the proposed conditional use permit amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is zoned C-3, General Commercial District. 2. The property is located in Planning District No. 3 and is classified as Commercial on the Comprehensive Land Use Plan. 3. The legal description of the property is: Lot 2, Block 1, Dakota Plaza 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Official City Comprehensive Plan. Finding: The proposed major auto repair use is a commercial use consistent with the policies and provisions of Planning District 3 of the Comprehensive Land Use Plan. b) The proposed use is or will be compatible with future land uses of the area. The proposed major auto repair use is compatible with existing land uses in the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance and the City Code. The major auto repair building addition and use will conform with all performance standards set forth in the Zoning Ordinance given compliance with the approved conditional use permit amendment. Page 38 of 291 2 d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed major auto repair building addition will be served with existing public services and will not overburden service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generation will not significantly increase due to the proposed major auto repair building addition and can be accommodated by the adjacent public streets. 5. The planning report dated March 14, 2024 prepared by Associate Planner Frank Dempsey is incorporated herein. DECISION The City Council approves the conditional use permit amendment in the form attached thereto. Dated: April 1, 2024 CITY OF LAKEVILLE BY:______________________ Luke M. Hellier, Mayor BY:_______________________ Anne Orlofsky, City Clerk Page 39 of 291 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES March 21, 2024 Chair Majorowicz called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Jenna Majorowicz, Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Brooks Lillehei, Jason Swenson, Ex-Officio Jeff Hanson Members Absent: Patti Zuzek Staff Present: Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager; Tina Morrow, Recording Secretary 3. Approval of the Meeting Minutes The March 7, 2024 Planning Commission meeting minutes were approved as presented. 4. Announcements Community Development Director Tina Goodroad announced the date of the next Planning Commission meeting and that the joint City Council and Economic Development Commission meeting that was scheduled for Monday, March 25 has been postponed until further notice. 5. Northland Collision Chair Majorowicz opened the public hearing to consider the application of RJ Construction on behalf of Northland Equities, LLC for an amendment to conditional use permits 99-01 and 18-10 to allow an expansion to a major auto repair building in the C-3, General Commercial District, located at 7430 160th Street. Ryan Johnson, with RJ Construction presented a brief overview of the project. Planner Manager Kris Jenson presented the planning report. Ms. Jenson stated the applicant has applied for a conditional use permit amendment and plans to expand the major auto repair facility. The proposed addition will include a 3,828 square foot, two level expansion on the southeast side of the existing building. Ms. Jenson outlined the site plan, describing the building elevations and exterior materials, which are in compliance with Zoning Ordinance requirements for a legal non-conforming building. Community Development staff recommends approval of the Northland Collision conditional use permit amendment subject to the four stipulations listed in the March 15, 2024 planning report. Chair Majorowicz opened the hearing to the public for comment. Motion was made by Zimmer, seconded by Einck to close the public hearing at 6:05 p.m. Voice vote was taken on the motion. Page 40 of 291 Planning Commission Meeting Minutes, March 21, 2024 Page 2 Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: •Commissioner Zimmer asked whether the proposed expansion will be of similar colors as the existing building. Mr. Johnson noted that the exterior of the existing building will be updated as part of this project and will be consistent with the building addition. •Commissioner Swenson spoke positively of the building addition. Motion was made by Lillehei, seconded by Zimmer to recommend to City Council approval of the Northland Collision conditional use permit subject to the following stipulations: 1. The addition shall be constructed in accordance with the plans submitted with the conditional use permit application and as approved by the City Council. 2. A sign permit shall be obtained prior to installation of any signage. 3. The stipulations of conditional use permits (01 and 18-10) shall remain in full force and effect, as they apply to the amended conditional use permit for the building addition. 4. The existing sidewalk along the east side of the building shall be extended south along the full length of the building. Ayes: Kaluza, Lillehei, Majorowicz, Zimmer, Einck, Swenson Nays: 0 6.Staff Notices Commissioner Lillehei summarized his years serving on the Planning Commission, as this was his last meeting. He stated it was a pleasure to be a part of the Planning Commission and to contribute to Lakeville’s growing community. There being no further business, the meeting was adjourned at 6:14 p.m. Respectfully submitted, Tina Morrow, Recording Secretary Page 41 of 291 City of Lakeville Community Development Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: March 15, 2024 Subject: Packet Material for the March 21, 2024 Planning Commission Meeting Agenda Item: Conditional Use Permit Amendment – Northland Collision Action Deadline: April 20, 2024 INTRODUCTION Northland Collision representatives have submitted an application for a conditional use permit amendment and plans to expand the major auto repair facility located at 7430 – 160th Street. The 8,436 square foot building was constructed in 1984 and has been approved for two previous building additions in 1999 and 2018. The proposed addition will include a 3,828 square foot, two level expansion on the southeast side of the existing building. The addition requires an amendment to Conditional Use Permit 18-10 and 99-01 subject to the performance standards outlined in the C-3, General Commercial District. Section 11-73-7.B of the Zoning Ordinance for major auto repair. EXHIBITS The following exhibits are attached for your reference: A. Aerial Location Map B. Zoning Map C. Plan Set Including Site Plan and Building Plans Page 42 of 291 2 Surrounding Land Uses and Zoning North – 160th Street (CSAH 46), multi-family building (Apple Valley) South – Toll Gas & Welding and Apple Lake Animal Hospital (C-3 District) East – Glacier Avenue and Pro-Tech Automotive (C-3 District) West – Multi-tenant Retail (C-3 District) PLANNING A NALYSIS The subject 1.16 acres property consists of an 8,436 square foot auto body repair building. The proposed expansion was reviewed for compliance Zoning Ordinance requirements: Building Setbacks. The existing building meets the following setback requirements. Front – 30 feet Side – 20 feet Side abutting street – 30 feet Rear – 30 feet There are no changes to the building setbacks with the proposed addition. Building Height. The addition will match the flat roof design of the building with a height of 21 feet. A maximum height of 35 feet is allowed in the C-3 District. Building Elevations/Materials. The building exterior currently consists of various masonry block, while the proposed addition will have a manufactured stone wainscot and decorative metal in compliance with Zoning Ordinance requirements for an expansion to a legal non-conforming exterior material building. Access and Circulation. The driveway access is located from a single access at Glacier Avenue. The access will remain in its present location. Parking. The Northland Collision major auto repair use was established in 1999. Required parking for major automobile repair established prior to March 17, 2003 is eight spaces plus one space for each 800 square feet of building area in excess of 1,000 square feet of net building square footage (gross minus 10%). The total building size with the proposed addition will be 12,264 square feet calculated as 12,264 sf – 10% = 11,038 sf – 1,000 sf = 10,038 sf / 800 = 13 + 8 = 21 Page 43 of 291 3 required parking spaces. There are 33 parking spaces proposed on site in compliance with Zoning Ordinance requirements. Signs. No new signage is proposed. All signage requires issuance of a sign permit prior to installation. Lighting. All lighting shall be down-cast type fixtures, including wall-pack lighting. Landscaping. No additional landscaping is required. RECOMMENDATION Community Development Department staff recommends approval of the Northland Collision conditional use permit subject to the following stipulations: 1. The addition shall be constructed in accordance with the plans submitted with the conditional use permit application and as approved by the City Council. 2. A sign permit shall be obtained prior to installation of any signage. 3. The stipulations of conditional use permits (01 and 18-10) shall remain in full force and effect, as they apply to the amended conditional use permit for the building addition. 4. The existing sidewalk along the east side of the building shall be extended south along the full length of the building. Findings of fact for approval of the conditional use permit amendment request is attached. Page 44 of 291 EXHIBIT A APPLE VALLEY Page 45 of 291 Location EXHIBIT B Page 46 of 291 EXHIBIT C Page 47 of 291 Page 48 of 291 Page 49 of 291 Page 50 of 291 Page 51 of 291 Date: 4/1/2024 Agreement with AmeriCorps for Climate Impact Corps Member for Forestry Division Proposed Action Staff recommends adoption of the following motion: Move to approve a Service Agreement with AmeriCorps for Climate Impact Corps member for the Forestry Division. Overview The City of Lakeville Forestry Division was awarded an AmeriCorps Climate Impact Corps Member for the 2023/24 service term. Forestry had successful member terms using AmeriCorps members in 2021/22 and 2022/23. Members serve an 11-month term working directly with city staff and the community. Past and current members have provided valuable support to the City’s work in areas including emerald ash borer management, tree inventory collection, Arbor Day tree planting events, community outreach and education, and tree care. In addition, members gain professional experience and training in the forestry field. The Climate Impact Corps is supported by Ampact, who provides the member and City staff training and ongoing support throughout the service term. As part of the agreement, the city provides office space, access to a computer and phone, and use of a city vehicle during work hours. All other expenses including the member stipend and other benefits are covered by the AmeriCorps program. Past and current members have been valuable additions to the forestry team and a great resource for the residents of Lakeville. Supporting Information 1. Agreement Financial Impact: Stipend and benefits are provided by AmeriCorps. City provides office space, computer, and access to City vehicle during business hours. Budgeted: Yes Source: Forestry Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 52 of 291 2023-2024 Ampact Site Agreement │ 1 Site Agreement The purpose of this agreement is to establish the basic parameters of the Service Site’s participation in AmeriCorps with Reading & Math, Inc. DBA Ampact for the 2023-2024 program year. Reading & Math, Inc. administers AmeriCorps programs that provide AmeriCorps members as a resource. This Agreement is valid through . A. AmeriCorps programs: Reading Corps, Math Corps, Early Learning Corps, Recovery Corps, Climate Impact Corps, Heading Home Corps, Public Health Corps, Language Corps, Resettlement Corps, Summer Impact Corps, and any other AmeriCorps program administered by Reading & Math, Inc. are AmeriCorps programs. AmeriCorps is a national service program that engages people in a commitment to service in meeting needs in their local communities. B. Parties to this agreement: hereafter referred to collectively as “Service Site”. Reading & Math, Inc. DBA Ampact, 1200 S Washington Ave, Ste 310, Minneapolis MN 55415, hereafter referred to collectively as “Program”. C. Definitions: 1. AmeriCorps Member. Individual who makes a commitment to serve for one term through the Program in a specific Program position, as listed in addendum. AmeriCorps members are not employees or volunteers; they are completing service and should be referred to as a “member”. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 5254 - City of Lakeville, Lakeville, Minnesota 55044 July 31, 2024 Page 53 of 291 2023-2024 Ampact Site Agreement │ 2 2. Service Site. This is the partner organization that hosts an AmeriCorps member to perform their service activities as outlined in their position description. 3. Internal Coach and/or Site Supervisor. Designee of the partnering Service Site who provides regular on-site supervision to ensure Program objectives are met and AmeriCorps regulations are upheld. 4. Program Staff. Any employee of Program who provides oversight and management for the Program including member recruitment and management, site relationship management, coaching, expertise or specialized knowledge related to program content, and compliance with AmeriCorps regulations. 5. AmeriCorps. Federal agency that administers and directs funding for all AmeriCorps programs. Hereafter referred to as “AmeriCorps”. AmeriCorps the agency was formerly known as the Corporation for National and Community Service, and may be referred to as “CNCS” or “the Corporation” in select federal policies D. Early termination: Any party to the Agreement can cancel the Agreement in writing at any time. At Program’s discretion, the Service Site’s failure to comply with the terms and conditions of this Agreement may result in forfeiting of the Service Site’s awarded members for the current program year and immediate termination of this Agreement. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 54 of 291 2023-2024 Ampact Site Agreement │ 3 TERMS AND CONDITIONS OF AGREEMENT 1) Commitment to the Program Objectives and Model: The Service Site and Program agree to commit to Program objectives and Program model, as articulated in the addendum(s). 2) AmeriCorps Service Environment a) Service site location: Service Sites must have a physical site location in the geographic community where service is to occur with regular on-site supervision. “Remote service” and “virtual service sites” are not permitted by Program and AmeriCorps policy. “Virtual service sites” refer to organizations that do not have a physical location. “Remote service” is defined as an arrangement in which an AmeriCorps member does not reside within the commuting area of the geographic community where the service is to occur and is not expected to be physically present at the Service Site. b) Safe service environment: The Service Site agrees to provide the AmeriCorps member with a safe service environment. The Service Site will ensure members are provided with health and safety materials comparable to that provided to Service Site staff and volunteers. The Service Site will provide training to members on site-specific safety policies and protocols. c) Inclusive Service Site environment: The Program values the diversity of its Program Staff, members, Service Sites, and program participants. The Program expects Program Staff, members, and Service Sites to contribute to a service environment that is inclusive, respectful, and supportive of diversity. Any decisions or actions made by the Service Site or Program or its partner organizations that are not consistent with these expectations will be seen as a breach of this Site Agreement and any further relationship between the Program and the Service Site could be terminated. Service Site will provide the AmeriCorps member with a welcoming and inclusive service environment. The Service Site will treat members as part of the staff team, including inviting them to participate in staff activities or workshops, including in staff communication (e.g., adding to a staff email list), listing in staff directory, providing a name badge if needed, etc. Service Site staff will introduce member at a staff meeting or similar setting. d) Service Site staff engagement: Service Site will educate its staff about the purpose of the member position and Program, with support from Program Staff as needed. Leadership at the Service Site should be strong advocates for Program to garner staff support and buy-in. e) AmeriCorps signage: Service Site will post an AmeriCorps sign provided by Program in a visible location, such as a front office, lobby, or other area frequented by visitors or the public, to identify the organization as an AmeriCorps service site. f) Prohibited Activities: Service Site will post the full list of Prohibited Activities provided by Program in the member’s workspace. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 55 of 291 2023-2024 Ampact Site Agreement │ 4 g) Non-displacement: Service Site will ensure an AmeriCorps member is not used to displace an employee or paid position (see “Federal Policies” section of this agreement). Examples of inappropriate service may include but are not limited to substituting or filling in for paid staff, inclusion in a staff to student/participant ratio, and administrative work not related to the Program. h) Accessibility: Service Site must be accessible to people with disabilities. i) Reasonable accommodations: In accordance with the Americans with Disabilities Act, any member with a disability known to Program may request a reasonable accommodation to enable performance of the essential functions of the AmeriCorps position. When this occurs, Program makes individualized decisions based on cooperative communications with the member and the Service Site. The Service Site shall work cooperatively with Program to facilitate this process as needed. j) Computer/device access and liability: Ensuring compliance at all times with the terms and conditions of Paragraph 5 (Data Management and Privacy) below, the Service Site shall provide members with access to a computer or other electronic device as follows: i) Members must have access to a computer or equivalent device beginning on their first day of service with a suite of office tools (Microsoft, Google, etc.), web camera, and Internet for Program-related purposes (i.e., completing training, completing time sheets, entering participant data in an online database, checking Program email, etc.). ii) The device used by the member must have a modern web browser (Chrome, Firefox, Safari, or Microsoft Edge) installed in either the browser’s current or next most recent version and should operate at a speed at least on par with computers used by Service Site staff. Any firewall software in use must permit unhindered and unrestricted access to all websites necessary for completing required Program-related tasks and reviewing online Program support and training materials. iii) Service Sites are encouraged to issue an email address to the member. This is required if common email providers are blocked at the Service Site. iv) Portable devices (1) Any portable device issued to a member by the Service Site shall be solely on the basis of a written technology agreement defining the terms of use, including at least: whether and when the device can be transported out of the Service Site, procedures to be followed in the event of loss of the device, and any specific data protection requirements. (2) By execution of this agreement, the Service Site agrees to cleanse the device of confidential data as defined in Paragraph 5) below. At the request of Program, the Service Site will provide written assurance that the device has been cleansed of confidential data as defined in Paragraph 5) below. (3) During and following the term of service, the Service Site shall bear the full risk of loss of any such device or its data. k) Workspace: Service Site will provide members with a workspace necessary to complete all required service activities. In programs where members are providing direct services to participants and/or students, the Service Site will provide a reasonable and quiet workspace to DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 56 of 291 2023-2024 Ampact Site Agreement │ 5 work with individuals, including access to a locked drawer to store confidential participant data. l) Materials, Supplies, and Equipment: The Program will provide any instructional resources and manuals required by AmeriCorps members to understand and implement the Program model. The Service Site will provide any materials, supplies, and/or equipment used by the member in carrying out service activities at or on behalf of the Service Site, including but not limited to photocopies, office supplies, and specialized equipment. m) Drug-Free Workplace Act: Pursuant to the Drug-Free Workplace Act of 1988, the Program is committed to maintaining a drug and alcohol-free environment. Members are prohibited from the illegal use, manufacture, sale, dispensation, distribution, or possession of illegal drugs, controlled substances, narcotics, or alcoholic beverages on Program premises, Service Sites, or while traveling in an official capacity. Service is conditioned upon compliance with this policy. The Program requires that each member engaged in the performance of a federal grant shall, as a condition of service under the grant, abide by the terms of this policy and shall notify Program Staff in writing of any criminal drug charge, arrest, or conviction occurring during service no later than five (5) days after such charge, arrest, or conviction. Upon receiving notice or otherwise learning about the charge, arrest, or conviction the Program will notify appropriate Federal-contracting agency within ten (10) days. Within 30 days of receiving such notice, the Program will (1) take disciplinary action up to and including exit for cause consistent with AmeriCorps rules regarding termination and suspension of service, or (2) require the member to satisfactorily participate in an approved drug treatment program. The Program shall make a good faith effort to continue to maintain a drug-free workplace through implementation of this policy. [Reference: 41 U.S.C. § 701 et seq.] 3) Member Recruitment and Hiring a) Recruitment: The Service Site will work in collaboration with Program Staff to recruit and fill its positions by the deadlines set by the Program. The Service Site will utilize recruitment materials provided by the Program. Individuals should be directed to apply on the Program’s website. b) Interview and Selection: Program Staff will screen all applications, conduct interviews, and manage offers for all candidates. Program Staff have the responsibility and authority to extend an offer for a position to an applicant. Program Staff make the final decision regarding the selection of members. The Program will not discriminate for or against any AmeriCorps service member or applicant on the basis of race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, familial status, military service, or any other category protected by law. c) Background checks: Member service is contingent upon successful completion of a three-part federally mandated background check (FBI, state repository, and sex offender registry checks). The Program will conduct and pay for a thorough background check on each applicant prior to their official acceptance into the Program. The Program will notify Service Sites if the applicant DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 57 of 291 2023-2024 Ampact Site Agreement │ 6 did not clear the background check according to the Program and AmeriCorps policy. Actual results of the background check will not be shared with Service Sites without written permission from the applicant. Background check results will not be shared with the Service Site where prohibited by law. Service Sites must indicate in this Agreement if it intends to conduct its own additional background check. The Service Site assumes all responsibility for costs associated with additional background checks. A member may not be asked to pay for the cost of a background check. More information about required background checks can be found at ampact.us/background. d) Transferring members: The Program reserves the right to transfer members from one Service Site to another Service Site in circumstances in which Program requirements are not being fulfilled. Other situations may arise which will require the Program to transfer a member on a case-by-case basis. e) Member Employment: Service Site may not hire/employ its member (or a member currently serving at another Service Site) during the member’s term of service. Members may not participate in paid employment at their Service Site while simultaneously enrolled as an AmeriCorps member (excluding positions in a Professional Corps grant). The Service Site is to make every reasonable effort to support a member in the successful completion of their Program's term of service. In the event the Service Site violates this policy, the Program reserves the right to recover all costs associated with the recruitment, selection, placement, and training of the AmeriCorps member. 4) Member Management and Supervision a) Internal Coach and/or Site Supervisor: The Service Site must designate a person(s) to be the Internal Coach and/or Site Supervisor, who will provide regular, on-site support and supervision to the AmeriCorps member(s). If this person is not designated prior to the member starting, the site Administrator/Director of the Service Site assumes responsibility for this role until an Internal Coach/Site Supervisor is named. The Internal Coach/Site Supervisor cannot be an AmeriCorps member. The Service Site must allow sufficient time for Internal Coach/Site Supervisors to fulfill their Program responsibilities, including completing required Program training and attending scheduled meetings. The time commitment is approximately 6-9 hours per month to support each member, plus required training. If the designated Internal Coach/Site Supervisor is not able to complete the Program year (e.g., they take a leave of absence from their position at the site), the Service Site is required to designate someone to be the Internal Coach/Site Supervisor for the remainder of the Program year. The duties of the Internal Coach and/or Site Supervisor include: DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 58 of 291 2023-2024 Ampact Site Agreement │ 7 i) On-site orientation: Provide an on-site orientation for the AmeriCorps member. This will include a tour of the building(s), explanation of site policies (including dress code, safety procedures, and data confidentiality), site expectations for the member, etc. This orientation should include setting a schedule for regular check-in meetings with each member. ii) Member Safety: In the event of a disaster or emergency that requires the closure of the Service Site (i.e. public health emergency, bomb threat, fire, severe weather, burst water pipe, teacher strike, etc.), the Internal Coach/Site Supervisor is responsible for notifying Program Staff immediately so that Program can enact an alternative service plan for the member. iii) Member time sheet approval: Establish a sign-in and sign-out procedure on-site to verify hours served by the member. Review and approve member time sheets every two weeks by the deadline. If a member’s time sheet is not approved by the deadline for the pay period, the member’s living allowance may be delayed until the following pay period and the time sheet is approved. iv) Set member schedule: Develop a schedule with the member that includes: (1) The ability to serve a minimum weekly number of hours that aligns with the member’s commitment as stated in their Member Service Agreement. See the Program-specific addendum for details. (2) A full caseload of participants as defined by Program, where applicable. (3) Adequate time for data entry and regular meetings with the Internal Coach/Site Supervisor. (4) Time to attend all required training and/or events. v) Data checks: Review data collected by members on a regular basis to ensure accuracy and complete reporting of services provided. Internal Coaches/Site Supervisors can determine the most convenient method for themselves to monitor data collection. vi) Performance management: Set clear expectations for the member at the start of their term, provide ongoing feedback on their performance, and immediately communicate any performance concerns to Program Staff. Work closely with Program Staff and Service Site Administrators/Directors (if applicable) if disciplinary action is needed. Members are expected to adhere to site policies regarding issues such as confidentiality, safety, dress code, attendance, etc. The Service Site does not have the authority to terminate a member but can request that Program Staff enact the Program performance management procedure. The Internal Coach/Site Supervisor is responsible for providing documentation required for the member’s personnel file as part of the performance management procedure. vii) Training completion: Complete required training as scheduled by Program. viii) Program site visits: Participate in visits and meetings with the Program. b) Member training: The Program provides members with training on the basic knowledge and skills necessary to complete the essential functions of their service position. Program Staff will DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 59 of 291 2023-2024 Ampact Site Agreement │ 8 coordinate the Program-specific training required for members and Internal Coaches/Site Supervisors. The Service Site will include members in relevant on-site training and/or staff meetings; any expenses related to this training are paid for by the Service Site. c) Meetings and site visits: Program Staff will conduct meetings and/or site visits, as needed, during the year with members and contacts of the Service Site. d) Monitoring Program requirements: Program Staff will track and monitor each member’s progress in completing Program requirements and provide timely updates to the Internal Coach/Site Supervisor to ensure members will complete all Program requirements, including required service hours, by the end of their term of service. e) Member personnel file: The Program is responsible for completing and maintaining a personnel file for each member, which includes all required documents (member eligibility documentation, time sheets, disciplinary action, performance evaluations, etc.). f) Member benefits: The Program is responsible for administering and overseeing the member benefits (as applicable), including living allowance, education award, health insurance, federal student loan forbearance, child care reimbursement, and any additional benefits for which the member qualifies. g) Injury, Worker’s Compensation, and Accidental Death & Dismemberment: The Program will cover AmeriCorps members under a Worker’s Compensation or Accidental Death & Dismemberment policy as required by state law. Members who sustain service-related injuries or illnesses must inform Program Staff within 24 hours and complete all requested documentation. All injuries, no matter how minor, must be reported by the member immediately to determine benefit eligibility in a timely manner. h) Conflict resolution: Program Staff work together with Service Site staff, including the Internal Coach/Site Supervisor, in resolving any member issues or conflicts with the program. 5) Data Management and Privacy a) Data management systems: The Program will provide a secure, online data management system for tracking service activities. b) Participant Data: In programs providing direct services to participants, the Service Site will support members in collecting data for participants who receive services from the Program, as detailed in the Program-specific addendum. When participant data is collected, this data is maintained online in a secure, data-privacy-compliant system. Service Sites are responsible for completing data management system training and monitoring their members’ reports to ensure data is submitted regularly and accurately. c) Data Privacy: The Program is required by law to protect the confidentiality of Personally Identifiable Information (“PII”) that is collected or made available due to the nature of the Program. This information includes, but is not limited to, the PII of AmeriCorps members, Service Site staff, or Program participants. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 60 of 291 2023-2024 Ampact Site Agreement │ 9 PII is defined as any information, physical or electronic, about an individual that can be used to distinguish or trace a person’s identity, including but not limited to name, social security number, date and place of birth, mother’s maiden name, education, financial transactions, medical, criminal and employment history, biometric records, and any other personal information that is linked or linkable to an individual. Protecting PII includes establishing procedures to prepare for and respond to a breach of confidentiality. “Breach” is defined as: loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users and for other than authorized purpose have access or potential access to PII. The Program protects the confidentiality of PII by:  Designating a PII Security Coordinator;  Identifying the types of PII that we collect, the places where it is stored, and the service providers with whom it is shared;  Documenting policies and procedures in place to protect PII, regardless of where it is stored;  Identifying and documenting realistic risks to the security, confidentiality, and integrity of PII; and,  Following those procedures in the event of a breach. Program Staff must be notified immediately if any representative of the Service Site suspects a breach of confidentiality related to the execution of the activities outlined in this agreement. 6) Grievance Procedure: The Service Site will inform the Program, in writing, of any instance in which the Service Site wishes to initiate the grievance procedure that is maintained by the Program. The specific grievance must be cited to initiate the process. Concerns should be reported as early as possible. Formal grievances must be presented in writing within one year of the date of the disputed events. In the case of a grievance that alleges fraud or criminal activity, it must immediately be brought to the attention of the AmeriCorps Inspector General at https://www.americorpsoig.gov/ or by calling 1-800-452-8210. 7) In-Kind Contribution Reporting: The Program may be required to collect information from the Service Site about non-monetary (in-kind) contributions to the Program to fulfill federal funder obligations. In-kind contributions are required to eliminate or reduce Service Site fees for participation in the program. The site’s in-kind contribution is required for the Program to operate and includes, but is not limited to, the monetary value of the space, supplies, and staff involved in operating the program. When necessary, the Service Site will complete an in-kind contribution report for space and supply contributions once each program year. Space and supply contributions may include, but are not limited to, workspace, office furniture, phone/Internet, computer, tablet, or other devices, office supplies, or any other supplies or equipment regularly used by the member to conduct their service. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 61 of 291 2023-2024 Ampact Site Agreement │ 10 When necessary, the in-kind contribution of staff time will be collected regularly for Internal Coaches/Site Supervisors or other staff who dedicate time to the Program. The value of the contribution will be calculated by the number of hours staff dedicate to the Program multiplied by the staff member’s hourly wage based on salary and/or benefits provided by the Service Site. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 62 of 291 2023-2024 Ampact Site Agreement │ 11 FEDERAL POLICY: PROHIBITED ACTIVITIES FOR AMERICORPS MEMBERS AmeriCorps members may not engage in the below activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed below per 45 CFR 2520.65. A. While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation, staff and members may not engage in the following activities: 1. Attempting to influence legislation; 2. Organizing or engaging in protests, petitions, boycotts, or strikes; 3. Assisting, promoting, or deterring union organizing; 4. Impairing existing contracts for services or collective bargaining agreements; 5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; 6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 8. Providing a direct benefit to: i. A business organized for profit; ii. A labor union; iii. A partisan political organization; iv. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; v. An organization engaged in the religious activities described in paragraph (7) of this section, unless Corporation funds are not used to support the religious activities; and 9. Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive; 10. Providing abortion services or referrals for receipt of such services; 11. Such other activities as the Corporation may prohibit. In addition to the above activities, the below activities are additionally prohibited: Census Activities. AmeriCorps members and volunteers associated with AmeriCorps grants may not engage in census activities during service hours. Being a census taker during service hours is categorically prohibited. Election and Polling Activities. AmeriCorps member may not provide services for election or polling locations or in support of such activities. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 63 of 291 2023-2024 Ampact Site Agreement │ 12 purpose of engaging in one of the activities listed above. B. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-Corporation funds. Individuals should not wear the AmeriCorps logo while doing so. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 64 of 291 2023-2024 Ampact Site Agreement │ 13 FEDERAL POLICIES: SUPPLANTATION, NON-DUPLICATION AND NON- DISPLACEMENT POLICY These policies outline restrictions that govern the use of Corporation for National and Community Service (CNCS) assistance. A. Supplantation: Corporation assistance may not be used to replace State and local public funds that had been used to support programs of the type eligible to receive Corporation support. For any given program, this condition will be satisfied if the aggregate non-Federal public expenditure for that Program in the fiscal year that support is to be provided is not less than the previous fiscal year. [45 CFR 2540.100 (a)] B. Non-Duplication: Corporation assistance may not be used to duplicate an activity that is already available in the locality of a Program. And, unless the requirements of the ‘Non-displacement’ paragraph of this section are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. [45 CFR 2540.100 (e)] C. Non-Displacement: 1. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. 2. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. 3. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 4. A participant in a program receiving Corporation assistance may not perform any services or duties, or engage in activities, that would otherwise be performed by an employee as part of the assigned duties of such employee. 5. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that- I. Will supplant the hiring of employed workers; or II. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. 6. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any- I. Presently employed worker; II. Employee who recently resigned or was discharged; III. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; 7. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or 8. Employee who is on strike or being locked out. [45 CFR 2540.100 (f)] DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 65 of 291 2023-2024 Ampact Site Agreement │ 14 FEDERAL POLICY: NON-DISCRIMINATION POLICY Program does not discriminate in Program admission on the basis of race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, familial status, military service, or any other category protected by law. Member selection is based solely on an applicant's ability to perform the essential functions of the position in the opinion of Program. It is unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, you may bring a complaint to the attention of the Corporation. If you believe that you or others have been discriminated against, or if you want more information, contact: Reading & Math, Inc. DBA Ampact 1200 S. Washington Ave, Ste 310, Minneapolis, MN 55415 humanresources@ampact.us or (612) 206-3030 Equal Opportunity Program (EOP) AmeriCorps 1201 New York Ave NW, Washington, DC 20525 Voice: (202) 606-7503; TTY: (202) 565-2799; Email: eo@cns.gov Program makes every effort to ensure that service sites have similar non-discrimination policies. Members with questions or concerns about any type of discrimination in their placement workplace are encouraged to bring these issues to the attention of their Internal Coach/Site Supervisor, site contact, and/or Program Staff. If Service Site is found to be engaging in such activities, removal of the current member(s) and denial of future members at that agency may result. Discrimination on the part of AmeriCorps members will also not be tolerated. Anyone found to be engaging in any type of unlawful or harassing discrimination will be subject to disciplinary action, up to and including dismissal from the Program. The Program will not tolerate harassment of any kind. Harassment includes threatening or insinuating that the refusal to submit to sexual advances will adversely affect admission or Program benefits. Harassment may also include conduct such as unwanted sexual flirtation or touches; abusive or degrading language; graphic or suggestive comments; or displaying inappropriate objects or pictures. Any member who believes that they have been subject to harassment of any kind, or who has knowledge about harassment of others, should report the harassment to an immediate supervisor, superior, and/or Program Staff. Note to Service Sites: In any case of discrimination related to an AmeriCorps member, the Service Site must contact Program Staff before taking action. Full text of the AmeriCorps Civil Rights and Non-Harassment Policy can be found in the AmeriCorps Program Manual provided to AmeriCorps members and Internal Coaches/Site Supervisors at the beginning of each program year. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 66 of 291 2023-2024 Ampact Site Agreement │ 15 Additional Requirements from the Service Site Service Site must indicate any other requirements or conditions of partnership required by Service Site. Select One: Service site requires additional background check conducted on AmeriCorps members. If “Yes”: Please provide any additional information or details related to background check required by the Service Site Select One: Service site requires AmeriCorps members to receive specific vaccinations (e.g. COVID-19) and/or complete specific medical testing (e.g. tuberculosis). If “Yes”: Please provide any additional information or details related to vaccination and/or medical testing requirements. Select One: Service site has additional requirements of AmeriCorps members and/or Program outlined below: If “Yes”: Please explain any additional requirements of AmeriCorps members and/or Program required for partnerships. ______ Any additional requirements by the Service Site have been reviewed and approved by the Program’s Director of Partnerships or their representative prior to signature by Managing Director. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 67 of 291 2023-2024 Ampact Site Agreement │ 16 CERTIFICATION This Site Agreement and attached Program-specific addendum(s) serve as an agreement between the Service Site and the Program for the stated program year. The terms of this agreement will end on . Amendments to this agreement shall be done in writing. The Parties will mutually agree to specific Programs to be provided by Reading & Math, Inc. DBA Ampact and attach them to this Agreement in the Addendum(s). Member Award An award refers to the number and type of AmeriCorps member(s) that have been approved for placement at the Service Site. The fulfillment of this award is contingent upon successful recruitment of AmeriCorps member(s) and is not a guarantee of AmeriCorps member placement. This award may be changed by request of the Service Site or Program or through the enforcement of the terms of this agreement. Changes will be communicated in writing. Signature Service Site staff must complete the electronic version of this Site Agreement and Program-specific addendum(s) in their entirety to certify the Service Site has read and understands the agreement prior to a member being placed at the Service Site. By signing this agreement, Service Site staff and Program Staff acknowledge that they have read, understand, and agree to all terms and conditions of this agreement and have the authority to enter this agreement on behalf of the Service Site and Program. Service Site Staff Reading & Math, Inc. DBA Ampact Staff Name Name Title Title Signature Signature Date Date DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 July 31, 2024 Zach Jorgensen City of Lakeville (CFC): 1 Community Forestry Member Sadie O'Connor Managing Director Page 68 of 291 Climate Impact Corps Site Agreement Addendum │ 1 The purpose of this addendum is to establish the basic parameters of the Service Site’s participation in Climate Impact Corps for the 2023-24 program year. Climate Impact Corps is an AmeriCorps program that provides AmeriCorps members as a resource. Parties to this agreement: hereafter referred to collectively as “Service Site.” Reading & Math, Inc. DBA Ampact, hereafter referred to as “Program,” 1200 S Washington Ave, Ste 310, Minneapolis MN 55415 A. Program Model. The service site agrees to implement the Climate Impact Corps model for the program initiative(s) in which they participate as designed. 1. Program Initiatives. Climate Impact Corps offers three different initiatives with a specific focus using evidence-based strategies and the power of national service to help communities mitigate and prepare for climate change. i. Community Forestry Initiative: AmeriCorps members serve at nonprofit or public agencies with a mission to preserve and protect the environment, with an emphasis on preserving and increasing tree canopy, including in urban settings. AmeriCorps members with the Community Forestry Initiative are referred to as Community Forestry members. ii. Home Energy Initiative: AmeriCorps members support Minnesotans who are eligible for the Weatherization Assistance Program by providing education and other support. AmeriCorps members with the Home Energy Initiative are referred to as Home Energy members. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 5254 - City of Lakeville, Lakeville, Minnesota 55044 Page 69 of 291 Climate Impact Corps Site Agreement Addendum │ 2 iii. Community Resilience Initiative: AmeriCorps members help build resilience to climate change by engaging and educating community members in environmental efforts. There are two AmeriCorps member positions with the Community Resilience Initiative: Community Stewardship Facilitators and Sustainability Project Coordinators. 2. Member Activities: The Service Site is responsible for supporting each member in implementing the activities that are part of their position, as outlined in the summaries below. A full description of the responsibilities is available in the annual Guide to Partnering with Climate Impact Corps provided to site partners. i. Community Forestry Members: Members support a range of activities that focus on preserving and increasing tree canopy in urban, suburban, and rural communities, which may include: 1. Implementing tree planting plans and programs 2. Creating and updating tree inventories 3. Planning and implementing tree planting events with volunteers and/or Service Site staff 4. Maintaining trees through a variety of practices including pruning, mulching, and watering 5. Designing, constructing, and managing gravel bed nurseries 6. Recruiting, training, and utilizing volunteers to support community forestry practices including, but not limited to, planting and maintaining trees 7. Engaging community members in community forestry stewardship activities through outreach and education experiences ii. Home Energy Members: Members support a range of activities that focus on promoting home energy equity and conservation. Home Energy members will have the opportunity to earn a Building Performance Institute – Building Analyst credential as part of their service. This position supports three primary activities: 1. Ensuring households are aware of and able to apply for available energy- assistance programs 2. Providing in-home energy efficiency services, including energy audit support, direct installation of energy saving equipment, and household resident education 3. Conducting remote solar opportunity assessments and household resident education iii. Community Stewardship Facilitators: Members build community by organizing and facilitating environmental action activities in one of the following categories: 1. Physical changes to the environment 2. Producing goods and services for the community 3. Community education 4. Community science and inquiry Members facilitate the activities with the goal of building social capital (people-to-people connections) and sense of place (people-to-place connections). iv. Sustainability Project Coordinator: Members create connections between individuals and the knowledge and resources needed to promote environmental, economic, social, and cultural sustainability. Members work with Service Site to DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 70 of 291 Climate Impact Corps Site Agreement Addendum │ 3 advance local sustainability efforts with an emphasis on historically marginalized communities. Members’ projects are outlined by a site-specific service plan with the following core elements: 1. Support community projects and partnerships in the areas of sustainability, community resilience, and community engagement under the direction of the service site. 2. Advance implementation of local climate action using community-based social marketing and other behavior change strategies. 3. Conduct clean energy outreach and education in collaboration with local partners with a focus on connecting households to resources to manage and reduce their energy burden. 3. Member Schedule: The Site Supervisor is responsible for developing a schedule with the member to allow for 40 hours of service each week for full-time members, and 25 hours per week for part-time members. 4. Data: Members are responsible for entering program data into Knack as part of their regular schedule. Knack is an online password-protected data system maintained by the program. Site Supervisors are required to ensure that members are submitting data regularly and accurately. Members may also use additional applications to support data collection specific to their position. Service Sites must allow Members to access all required data systems and applications. B. Program-Specific Policies 1. Personal Vehicle and Transportation Policy: i. Personal Vehicles: Members are prohibited from using their personal vehicle to transport Service Site employees and/or participants. Members may use their personal vehicle to transport materials and/or property on behalf of the Service Site. Any member transporting materials must be incidental in the role, regular transportation of materials is prohibited. The handling, loading, unloading, and transportation of hazardous materials is prohibited. ii. Service Site Vehicles: Members may drive Service Site-owned or leased vehicles to transport materials and/or property. Members are prohibited from transporting Service Site employees and/or participants. Any Member that is a potential driver of a Service Site-owned or leased vehicle cannot be required to drive for the Service Site but may agree to do so. This agreement must be in writing and include the member’s printed name, signature, and date of the agreement. Either party may rescind this agreement at any time without cause or consequence. This agreement is to be kept on file with the Service Site. Any member transporting materials must be incidental in the role, regular transportation of materials is prohibited. The handling, loading, unloading and transportation of hazardous materials is prohibited. iii. Driver’s Checks and Liability Coverage: Program will conduct a driver’s check on every member to ensure a valid driver’s license, driving history acceptable to the insurance company and auto liability coverage. If a member is driving a Service Site-owner or leased vehicle, the Service Site will be responsible for DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 71 of 291 Climate Impact Corps Site Agreement Addendum │ 4 determining that the Member has a valid driver’s license and meets the minimum standards for the organization’s driving policies. The Service Site agrees to provide proof of insurance upon request. 2. Power Tools and Herbicides: Members are limited to a specific, allowable list of power tools, herbicides, and application methods during their service. All members and Site Supervisors must complete the required training prior to member’s use of allowable power tools and herbicides. Some power tools, including but not limited to, power saws, brush cutters, and drip and weed torches, are prohibited as they pose an undue safety risk. Any power tools not on the prohibited or allowable list must be approved by the Program. DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 Page 72 of 291 Climate Impact Corps Site Agreement Addendum │ 5 CERTIFICATION This program specific addendum serves as an agreement between the Service Site and the Program for the stated program year(s) as a part of the Site Agreement signed for 2023-2024. The terms of this agreement are valid through . Amendments to this agreement shall be done in writing. Signature By signing this agreement, I acknowledge that I have read, understand, and agree to all terms and conditions of this agreement. Service Site Staff Reading & Math, Inc. DBA Ampact Staff Name Name Title Title Signature Signature Date Date DocuSign Envelope ID: DB344872-3024-47DE-B7BF-5F0B9D132CE4 July 31, 2024 Zach Jorgensen Sadie O'Connor Managing Director Page 73 of 291 Certificate Of Completion Envelope Id: DB344872302447DEB7BF5F0B9D132CE4 Status: Sent Subject: Minnesota Forestry Corps Site Agreement 2023-2024 -- Due by May 16, 2023 Source Envelope: Document Pages: 21 Signatures: 0 Envelope Originator: Certificate Pages: 1 Initials: 0 Ampact AutoNav: Disabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1200 Washington Ave S Minneapolis, MN 55415 sites@ampact.us IP Address: 107.178.232.241 Record Tracking Status: Original 5/9/2023 3:17:47 PM Holder: Ampact sites@ampact.us Location: DocuSign Signer Events Signature Timestamp Zach Jorgensen zjorgensen@lakevillemn.gov Security Level: Email, Account Authentication (None) Sent: 5/9/2023 3:17:48 PM Viewed: 5/10/2023 2:19:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lizzie Morris Vogt sites@ampact.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sadie O'Connor sadie.oconnor@ampact.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/9/2023 3:17:48 PM Payment Events Status Timestamps Page 74 of 291 Date: 4/1/2024 Agreement with Friedges Contracting Company, LLC for General Site Improvements at Avonlea Community Park: CIP #24-20 Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Friedges Contracting Company, LLC for General Site Improvements at Avonlea Community Park: CIP #24-20. Overview The construction of Avonlea Community Park was one project as part of the successful Park Bond Referendum in November of 2021. The project includes items such as the construction of pickleball courts, athletic decks, a playground, a splash pad, a challenge course, a cricket pitch, trails and a baseball complex. Over the past six – seven months, staff has been working with our consultant creating plans and specifications for the general site improvements for the park. Construction items include but not limited to earthwork, parking lots, trails, concrete walks, concrete play area and installation of sanitary sewer, water, and stormwater infrastructure. A total of seven competitive bids were opened on March 19 for the general site improvements in the park. The bids, including Bid Alternate #1, ranged from a low of $7,888,967.83 to a high of $10,692,349.72. The engineer’s estimate was $10,651,297.27. Staff is recommending approval of an agreement with Friedges Contracting Company, LLC for general site improvements at Avonlea Community Park at a cost of $7,888,967.83, which includes Bid Alternate #1 which is to screen the top six inches of topsoil on the athletic decks. Supporting Information 1. Park Location Map 2. March 19, 2024 Bid Tabulation Summary 3. Agreement with Friedges Construction Company, LLC Financial Impact: $7,888,967.83 Budgeted: Yes Source: Park Bond Referendum Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: John Hennen, Parks and Recreation Director Page 75 of 291 Avonlea Community Park Esri, NASA, NGA, USGS, FEMA, Esri Community Maps Contributors, County of Dakota, Metropolitan Council, MetroGIS, Three Rivers Park District, © Parks Community Park Neighborhood Park Municipal Boundary Trails General Purpose Trail Sidewalk Boardwalk Playground Points Restroom 3/14/2024, 11:24:53 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder Esri, NASA, NGA, USGS, FEMA | Esri Community Maps Contributors, County of Dakota, Metropolitan Council, MetroGIS, Three Rivers Park District, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA,Page 76 of 291 BID TABULATION CITY OF LAKEVILLE Avonlea Community Park – Bid Pack #1 General Site Improvements Tuesday, March 19, 2024 – 2:00 p.m. Contractor Ad. 1 Ad. 2 Ad. 3 Ad. 4 Bid Bond RCVF Base Bid Alternate Bid Item #1 Base Bid + Alternate Bid Item #1 Friedges Landscaping X X X X X X $7,827,402.83 $61,565.00 $7,888,967.83 Peterson Companies X X X X X X $7,827,397.39 $68,090.89 $7,895,488.28 Swan Companies X X X X X X $8,034,220.04 $75,109.30 $8,109,329.34 Minnesota Dirt Works, Inc. X X X X X X $8,346,828.20 $52,330.25 $8,399,158.45 Veit & Company X X X X X X $9,255,260.28 $80,034.50 $9,335,294.78 Blackstone Contractors, LLC X X X X X X $9,882,966.09 $74,493.65 $9,957,459.74 Northwest X X X X X X $10,649,254.22 $43,095.50 $10,692,349.72 Engineer’s Estimate $10,589,732.27 $61,565.00 $10,651,297.27 H:\Projects\16000\16311-01\LA\Docs\16311.01_Avonlea Bid Pack #1_Bid Tab-C_031924.docx Page 77 of 291 Page 78 of 291 Page 79 of 291 Page 80 of 291 Page 81 of 291 Page 82 of 291 Page 83 of 291 Page 84 of 291 Page 85 of 291 Page 86 of 291 Page 87 of 291 Page 88 of 291 Page 89 of 291 Page 90 of 291 Page 91 of 291 Page 92 of 291 Page 93 of 291 Date: 4/1/2024 Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Shade Structures and Installation of Custom Shade Sail System Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park shade structures and installation of a custom shade sail system. Overview The construction of Avonlea Community Park was approved as a part of the Park Bond Referendum in November 2021. The project consists of various amenities, including a splash pad and shade structures. Commercial Recreation Specialists, Inc. is providing splash pad equipment and installation and has also designed a custom shade sail system that will be placed over a section of the splash pad area. Ten additional shade structures will be placed near the playground and pickleball courts. The shade structures will provide comfortable areas for visitors to seek shelter from the elements while enjoying the community park and its various amenities. At this time, staff is recommending that the Mayor and City Council approve the agreement with Commercial Recreation Specialists, Inc. through the MN State Contract purchasing process for a cost of $149,059.08. Supporting Information 1. Agreement with Commercial Recreation Specialists, Inc. 2. Contractor's Proposal 3. Shade Structures Renderings Financial Impact: $149,059.08 Budgeted: Yes Source: Park Bond Referendum Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Mark Kruse, Parks Superintendent Page 94 of 291 AGREEMENT BETWEEN CITY OF LAKEVILLE AND COMMERCIAL RECREATION SPECIALISTS, INC. FOR AVONLEA COMMUNITY PARK SHADE STRUCTURES AND INSTALLATION OF CUSTOM SHADE SAIL SYSTEM THIS AGREEMENT made this 1st day of April 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and COMMERCIAL RECREATION SPECIALISTS, INC., a Wisconsin corporation (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. State of Minnesota Contract, SWIFT Contract. No. 218097, as amended by Release No. P-949(5) C. Contractor’s Proposal dated March 13, 2024. D. Renderings of Shade Structure. 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 “D” has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. This contract may be terminated by the City at any time upon discovery by the City that the Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, Subdivision 3, the Responsible Contractor statute. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor’s Proposal in the sum of $149,059.08. Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Parks and Recreation Director. Page 95 of 291 B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Parks and Recreation Director. Final completion shall be when all of the work is completed per the contract and 80% of the permanent cover is established, as determined by the Parks and Recreation Director. 5. COMPLETION DATE. The Work must be completed by November 1, 2024. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. Page 96 of 291 D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect Page 97 of 291 employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. 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”. Page 98 of 291 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. 9. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty work. 10. 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. 11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are not required. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable Page 99 of 291 provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. All reports, plans, models, software, 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. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. H. 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. I. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. Page 100 of 291 J. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. K. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. L. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. M. Permits and Licenses; Rights-of-Way and Easements. 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. N. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF LAKEVILLE COMMERCIAL RECREATION SPECIALISTS, INC. BY: ____________________________ Luke M. Hellier, Mayor BY: ____________________________ AND ___________________________ Ann Orlofsky, City Clerk PRINT NAME:_______________________ ITS: ________________________________ Page 101 of 291 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:1 0024161 3/13/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 4/16/2024 LAKEVILLE Valid Through Item Unit Cost AmountDescriptionQuantity /99999 SHADE 32,151.1732,151.171.00 /SHADE SVC 51,620.0051,620.001.00 /99999 SHADE 40,883.205,110.408.00 /99999 SHADE 16,750.408,375.202.00 /99999 SHADE 2,700.00900.003.00 AVONLEA COMMUNITY PARK SPLASHPAD SHADE STRUCTURES MN CONTRACT SWIFT #218097 Custom Sails Shade Structure, Consisting of (8) Columns & (6) Fabric Canopies, Pier-Mounted Columns, Standard CoolNet Fabric & Metal Colors Custom Sails Installation Per Attached Scope of Work Dated 3-13-24 OSPP121208P 12'W x 12'L Offset Single Post Pyramid Shade Structures, 8' Eave Height, Pier-Mount Columns, w/ Turn 'N Slide Feature, Standard CoolNet Fabric & Metal Colors (NOTE: Does NOT Include Mounting Hardware / Installation by Other) SPU2508P 25' Diameter Single Post Umbrella Shade Structures, 8' Eave Height, Pier-Mount Columns, Standard CoolNet Fabric & Metal Colors (NOTE: Does NOT Include Mounting Hardware / Installation By Other) MN Engineer Sealed Drawings Continued Page 102 of 291 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:2 0024161 3/13/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 4/16/2024 LAKEVILLE Valid Through Item Unit Cost AmountDescriptionQuantity /DISCOUNT SC 1,795.69-1,795.69-1.00MN STATE CONTRACT DISCOUNT ON SHADE STRUCTURES ONLY IMPORTANT NOTES: * Above pricing does not include receiving, off-loading, or storage of custom Sails shade structure prior to installation. * Above pricing does not include receiving, off-loading, or storage of Offset Single Post Pyramid or Umbrella Shade Structures. Equipment purchase only. * Current lead times are ~ 2 weeks for drawings and ~ 6 to 8 weeks for production after drawings are completed. * Sales Tax will be added if a Tax-Exempt form, Resale Certificate, or Capitol Improvement form are not provided at the time of purchase. * Freight is based on current quoted rates and is subject to change. Actual freight fees will be reflected on the final invoice. * Performance and payment bond available upon request. TERMS: * EQUIPMENT TO BE INVOICED NET 30 AT TIME OF SHIPMENT * LABOR TO BE INVOICED NET 30 UPON SUBSTANTIAL COMPLETION * A 5% RETAINER MAY BE SET ASIDE UNTIL PUNCHLIST ITEMS ARE RESOLVED Net Order:142,309.08 Freight:6,750.00 Sales Tax:0.00 149,059.08Order Total: Note: This quote is valid for 30 days. Please review the above information carefully. It defines your order as we understand it. If satisfactory, please sign and date below and fax to 608-848-8782, email back to your sales representative, or send a copy with your deposit to the address above. We will begin processing your order upon receipt of both your DEPOSIT AND APPROVAL SIGNATURE, per the terms indicated on your quote above. Additional surcharges may apply depending on final delivery address, actual delivery requirements and payment method. Please note that a 3% convenience fee may apply to credit card orders. Customer Acceptance: ______________________________________________ Date: _____________ david Page 103 of 291 PHONE 608.848.8781 | 877.896.8442 Avonlea Park Custom Sail Shade Structure Installation Scope of Work 3/13/24 Included: •Pier-mount columns for (1) custom Sails structure: o Provide anchoring hardware for pier-mount columns. o Provide and install rebar. o Provide and pour concrete for pier-mount footers. o Install all shade structure columns. o Erect all additional upper supports of the shade structure. •Assemble the shade structure canopies. •Excavation for all pier-mount footers. Exclusions & Owner/GC Responsibilities: •Receiving, off-loading, and storage prior to installation. •Site security. •Site work, site excavation, and drainage above and beyond the shade structure footers. •Private/Public utility locate required. Unmarked utilities responsibility of Owner. •Permits and permitting fees. •Removal of packaging materials and debris or provide a dumpster for disposal of debris and packaging material. •Site restoration; to include backfill, final grading, removal of spoils, and any seeding or landscaping not stated above. FAX 608.848.8782 CORPORATE 807 Liberty Dr, Suite 101, Verona, WI 53593 SALES 657A N Michigan Ave, Kennilworth, NJ 07033 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Page 104 of 291 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:3 0024161 3/13/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Terms and CondiƟons 1. When InstallaƟon or site work is specified in the proposal or quote, site security is not included. The customer is responsible for ensuring security during the project when Commercial RecreaƟon Specialists, Inc. is not present installing the specified system and immediately upon compleƟon of the installaƟon. In the event of vandalism or unexpected damage, Comme RecreaƟon Specialists, Inc. reserves the right to charge the customer for repairs and/or replacement goods. 2. This proposal or quote may be withdrawn if not accepted within thirty (30) days of its issuance. Commercial RecreaƟon Specialists, Inc. will consider reasonable revisions to this propos included in the terms of a subcontract provided it accurately incorporates the terms and condiƟons of this proposal. A proposal or quote not accepted within thirty (30) days will be subject to price escalaƟon for InstallaƟon materials, equipment, and freight. Commercial RecreaƟon Specialists, Inc. reserves the right to adjust its quoted price if the terms of a related subcontract increase its costs or add to Commercial RecreaƟon Specialists, Inc.’s administraƟve Ɵme of compliance. 3. When InstallaƟon or site work is specified in the proposal or quote, all work shall be performed according to industry standards. Areas in which Commercial RecreaƟon Specialists, Inc. InstallaƟon Team will be working shall be free and clear of all debris and accessible to any/all equipment necessary to perform the proposed work. Commercial RecreaƟon Specialists, assumes the site is buildable and has suitable subsurface condiƟons to allow the proposed construcƟon. 4. Unless waived in wriƟng by Commercial RecreaƟon Specialists, Inc., any changes to the scope of work, or the terms and condiƟons of this proposal shall be performed only aŌer execu of a wriƩen change order. 5. Commercial RecreaƟon Specialists, Inc. is not responsible for any delays due to strikes, accidents, weather, acts of God, and/or other delays beyond the control of Commercial RecreaƟ Specialists, Inc. Commercial RecreaƟon Specialists, Inc. is not responsible for any damages due to any of the above or similar causes outside of its control. 6. Commercial RecreaƟon Specialists, Inc. is not responsible for receiving, off-loading, storage, installaƟon, project management or coordinaƟon, piping, anchor bolts, concrete, surfacing, electrical, plumbing, bonding, bonding payment, geotechnical survey work, excavaƟon, removal of exisƟng materials, removal of debris and packaging material, site restoraƟon, permit permit fees, stamped drawings or Health department approval unless otherwise specified in the above proposal or quote. 7. The Customer is responsible for inspecƟng all deliveries for damage, noƟng any damage on the bill of lading, and noƟfying Commercial RecreaƟon Specialists, Inc. within one (1) day of receiving. 8. If applicable, sales tax has been included and will only be removed upon presentaƟon of a Tax-Exempt form, Resale CerƟficate, or Capitol Improvement form. In the event any asserƟon tax-exempt status is later denied by a taxing authority, the buyer will be responsible for the unpaid tax and any penalƟes and interest charges. 9. Freight shown is an esƟmate based on current quoted rates and is subject to change. Actual freight costs will be charged at the Ɵme of shipment and will be included on the final invoi applicable, the buyer is responsible for customs fees, duƟes, or taxes assessed by any port of entry. 10. When InstallaƟon or site work is specified in the proposal or quote, Commercial RecreaƟon Specialists, Inc. is not responsible for private or public uƟlity charges to locate services unle otherwise specified in the proposal or quote. Private and public uƟlity efforts to locate services need to be completed and marked before Commercial RecreaƟon Specialists, Inc. arrive site. Commercial RecreaƟon Specialists, Inc. is not responsible for damage to or repair of unmarked uƟliƟes. 11.The Customer is responsible for ensuring the scope of work in the quote or proposal meets all local standards and codes and that all required approvals and permits have been obtaine unless otherwise noted in the quote or proposal. This responsibility also extends to any changes requested. 12. Commercial RecreaƟon Specialists, Inc. warrants all its labor and workmanship under the aƩached proposal’s scope of work for a period of one (1) year from the date of substanƟal compleƟon. 13. Any requested special or custom modificaƟons and/or alteraƟons made to products installed by Commercial RecreaƟon Specialists, Inc. may void and null warranƟes provided by the manufacturer. Page 105 of 291 Page 106 of 291 Page 107 of 291 Page 108 of 291 Page 109 of 291 SPLASHPAD SHADE CONCEPTAVONLEA COMMUNITY PARK • LAKEVILLE, MN • MARCH 2024MODERN INTERACTIIVE INSPIRATION CONCEPTShade Structure Colors TBDPage 110 of 291 SPLASHPAD SHADE CONCEPTAVONLEA COMMUNITY PARK • LAKEVILLE, MN • MARCH 2024MODERN INTERACTIIVE INSPIRATION CONCEPTShade Structure Colors TBDPage 111 of 291 FOOTER SQUARE SPREAD C1/F1 036" X 96" 64" x 64" x 48" Deep C2/F2 036" X 60" 50" x 50" x 48" Deep c� ---Typ. Support Column With Canopy Connection Height Shown C3/F3 042" X 157'' 95" x 95" x 48" Dee p ' ' , , HI,,,,,,,,,,,,,,,,,,,,,,,, --, , -- -_,,,,,,,,,,,,,,,,,,,,,,,,. � � C 5 C4/F4 036" X 96" 64" X 64" X 48" Deep \I I✓/ �-� v,,,,,,,,,,,,,,,,,,,,i ..... \II / ./ _,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,, // C5/F5 036" X 78" 57'' x 57'' x 48" Deep C6/F6 036" X 96" 64" x 64" x 48" Deep C7 /F7 I 036" X 78" I 78" x 78" x 48" Deep C8/F8 I 042" X 173" I 99" x 99" x 48" Deep __J ..,, C7 Shade� �JY�U@lliJO�™ th-e c.""lest 5(Jlviti"n5 vin�er th-e svin� THIS DOCUMENT AND ITS CONTENTS ARE THE PROPERlY OF SHADE SYSTEMS, INC., AND CANNOT BE MODIFIED, USED, OR RESOLD TO ANY PERSON OR ENTllY WITHOUT WRITTEN PERMISSION FROM SHADE SYSTEMS, INC. REPRODUCTION OF THESE PLANS, EITHER IN WHOLE OR IN PART, INCLUDING ANY FORM OF COPYING AND/OR PREPARATION OF DERIVATIVE WORKS THEREOF, FOR ANY REASON WITHOUT PRIOR WRITTEN PERMISSION FROM SHADE SYSTEMS, INC. IS STRICTLY PROHIBITED. © 2024 SHADE SYSTEMS INC. DRAWING NOT FOR CONSTRUCTION. ALL INFORMATION SHOWN IS SUBJECT TO CHANGE BY MFR PRIOR TO DELIVERY. USE ONLY DRAWINGS AND INSTRUCTIONS PROVIDED WITH YOUR ORDER FOR CONSTRUCTION I SCALE: NTS LOCATION: QUOTE#: Lakeville, MN Q-11188 PROJECT: DATE: Avonlea Community Parkl 1/09/2024 Page 112 of 291 Page 113 of 291 Page 114 of 291 Date: 4/1/2024 Professional Services Agreement with RJM Construction Proposed Action Staff recommends adoption of the following motion: Move to approve a professional services agreement with RJM Construction for construction management services. Overview As part of the process to construct the FiRST Center, a construction management company is required to be hired. A construction manager oversees the entire project on a daily basis, including the coordination of cost estimating, preparing the bid package with the architect, value engineering the plans before bidding, managing all subcontractors and material suppliers and coordinating communications between the city’s leadership team, architect, the construction company and their subcontractors. The construction manager is also responsible for setting and keeping schedules, monitoring finances, and making certain that all contractors are completing their work per the approved plans and ensuring the project is completed on time and within budget. The city prepared and advertised an RFQ for construction management services at risk and five companies responded with proposals. These companies included Adolfson & Petersen Construction, Loeffler Construction & Consulting, RJM Construction, Kraus Anderson Construction and Terra Construction. The proposals were reviewed by staff and representatives from Leo A Daly Architects, who also interviewed all five companies. Staff is recommending approval of a professional services agreement with RJM Construction. RJM met and exceeded many of the qualifications listed in the RFQ and has extensive experience in constructing public safety training facilities, including the HERO Center, North Metro Range, Wright County Sheriff’s Training Center and other municipal projects. Their proposal is broken into two phases – Preconstruction/Bidding and Construction. The Preconstruction/Bidding phase allows the flexibility to prepare cost estimates, plans, specifications, and to bid the project and then move into the second, Construction Phase, if the city wishes to move forward with constructing the facility. Supporting Information 1. City of Lakeville FiRST Center A133-2019 - Standard Form of Agreement ...nd Construction Manager as_ 2. City of Lakeville FiRST Center A201-2017 - General Conditions of the Contract for Construction 3. City of Lakeville FiRST Center A133ExhibitA-2019 - Guaranteed Maximum Price Amendment Page 115 of 291 4. Cit of Lakeville FiRST Center A133ExhibitB-2019 - Insurance and Bonds Financial Impact: The cost of the Preconstruction/Bidding phase is $40,000 with the Construction Phase services costing $1,096,013. Budgeted: No Source: State and Federal grants. Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 116 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 117 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 118 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 119 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 120 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 121 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 122 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 123 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 124 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 125 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 126 of 291 DocuSign Envelope ID: D4D02CE9-F326-4965-A216-94D66F293B3EPage 127 of 291 DocuSign Envelope ID: 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D4D02CE9-F326-4965-A216-94D66F293B3EPage 232 of 291 Date: 4/1/2024 Agreement with EMI Audio for the Antlers Park Building Sound System Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with EMI Audio to purchase and install the sound system at the Antlers Park Pavillion. Overview The Antlers Park Pavillion sound system will be installed in the meeting room and will be available for rent for private events. This system is designed to incorporate inputs from a variety of sources, anticipating a wide range of facility uses. The package also includes three handheld wireless microphones and a universal touch screen for audio control. EMI Audio will complete the installation and balance of the system, minimizing the appearance of cable raceways. EMI has previously installed sound systems at the Lakeville Area Arts Center and Casperson Park Outdoor Performance Stage. They also provide a unique loaner program for their customers. In the event of equipment failure, loaner equipment can be used free of charge until repairs can be made, minimizing downtime. Supporting Information 1. EMI Audio Quote Financial Impact: $22,487.71 Budgeted: Yes Source: Park Bond Referendum Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Joe Masiarchin, Arts Center Manager Page 233 of 291 4719 42nd AVE N Robbinsdale, MN 55422 612-789-2496 Phone 612-789-2873 Fax www.EMIAudio.com Quote q15502 Mon 2/ 5/2024 10:00AM JEFF GEISLER On Account Status: Quote #: Terms: Operator: Quote To: LAKEVILLE AREA ART CENTER Customer #: 14733 Phone 952-985-4640 Job Descr: ATTN ART CENTER 20195 HOLYOKE AVENUE Antlers Park Pavillion Lakeville, MN 55044 Sales Rep: Jeff Geisler Jeff@EMIAudio.com - - This quote would install a sound system at the Lakeville Antlers Park Pavillion. . This AV system will consist of an equipment rack that will be installed in the data closet. The equipment rack will house a digital audio signal processor, three wireless mic receivers, a stereo amplifier, a network switch and a power sequencer. We will install 10 new Bose DM-5P speakers in this room for excellent performance and coverage. They will be mounted from the bottom of the beams. We will install a TV that you provide. This TV will be connected to a HDMI input panel located just below the TV. Audio from the TV's optical output will be converted to a balanced mic level and routed back to the sound system. A wall plate with a Blue tooth input and auxiliary input will be mounted next to the HDMI connector. A 4"touch panel control panel will be installed beside the TV. This control will turn the system on and off, and control all the audio levels. The system will be installed by our licensed and insured technicians. ItemsQty Each Price PR BOSE DESIGNMAX DM5P IN BLACK $2,734.20$546.845 BOSE P2600A AMPLIFIER $1,127.16$1,127.161 BOSE EX-1280 PROCESSOR $2,820.69$2,820.691 RTI KX4 4" IN-WALL UNIVERSAL CONTROLLE $1,075.50$1,075.501 MIDDLE ATLANTIC DWR-16-22 $994.00$994.001 UA844+SWB ANTENNA DISTRIBUTION SYSTEM $614.00$614.001 FURMAN CN-1800S 15A SEQUENCER $506.28$506.281 SHURE 50' UHF ANTENNA CABLE $275.80$137.902 SHURE QLXD-4 RECEIVER $2,037.00$679.003 SHURE QLXD2 SM58 $1,287.00$429.003 RDL DD-BTN44 DANTE ENDPOINT $950.13$950.131 LIFT RENTAL FOR INSTALLATION $300.00$300.001 LABOR EMI AUDIO $5,250.00$187.5028 Begin at: 9:00:00AMMon 2/ 5/2024 System Installation LABOR EMI AUDIO $1,500.00$187.508 Begin at: 9:00:00AMWed 1/24/2024 System programming WEST PENN 25291B 22-2 PLENUM $45.00$0.30150 WEST PENN 25224B 18-2 PLENUM $126.00$0.42300 WEST PENN 254246EZ CAT 6 PLENUM $234.00$0.78300 KRAMER WP-H1M-W WHITE HDMI WALL PLATE $66.00$66.001 KRAMER C-HM/HM-10 10' HDMI CABLE $18.00$18.001 KRAMER CP/HM/HM/ETH-15 $65.00$65.001 Fiber to Audio interface $42.00$42.001 LAPTOP INTERFACE $59.95$59.951 misc fasteners and raceway.$120.00$120.001 LUXUL SW-100-08P NETWORK SWITCH $240.00$240.001 Quote valid for 30 days Contract-Params.rpt (4)Printed On Fri 3/22/2024 10:30:50AM Software by Point-of-Rental Software www.point-of-rental.com Store Hours: 10-5pm Mon-Sat Modification #4 Page 234 of 291 Page 2 of 2LAKEVILLE AREA ART CENTERq15502Quote #: Quote valid for 30 days Quote (Mayor, Luke M. Hellier) $22,487.71 $0.00 $22,487.71 $22,487.71 Project Total: Paid: Total: Subtotal: Sales:$22,487.71 Contract-Params.rpt (4)Printed On Fri 3/22/2024 10:30:50AM Software by Point-of-Rental Software www.point-of-rental.com Store Hours: 10-5pm Mon-Sat Modification #4 Signature: Signature: (City Clerk, Ann Orlofsky) City of Lakeville Page 235 of 291 Date: 4/1/2024 Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Splash Pad and Installation Proposed Action Staff recommends adoption of the following motion: Move to Approve an Agreement with Commercial Recreation Specialists, Inc. for Avonlea Community Park Splash Pad and Installation. Overview The construction of Avonlea Community Park was approved as a part of the Park Bond Referendum in November of 2021. The project consists of various amenities, including a splash pad and shade structures. The City of Lakeville received two proposals for splash pad equipment and installation. The project Consultant and City staff chose the proposal submitted by Commercial Recreation Specialists, Inc. for overall equipment quantity, style, and maintenance. The splash pad will recirculate water, minimizing the amount of treated water used each season. The Lakeville Lions Club generously donated $500,000 for this new amenity in our Parks system. At this time, staff is recommending that the Mayor and City Council approve the Agreement with Commercial Recreation Specialists, Inc. through the MN State Contract purchasing process for a cost of $734,783.99. Supporting Information 1. Agreement with Commercial Recreation Specialists, Inc. 2. Contractor's Proposal 3. Splash Pad Renderings Financial Impact: $734,783.99 Budgeted: Yes Source: Park Bond Referendum / Lakeville Lions Donation Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Mark Kruse, Parks Superintendent Page 236 of 291 Page 237 of 291 Page 238 of 291 Page 239 of 291 Page 240 of 291 Page 241 of 291 Page 242 of 291 Page 243 of 291 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:1 0024156 3/27/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 4/26/2024 LAKEVILLE Valid Through Item Unit Cost AmountDescriptionQuantity VO VOR-7389 12,090.004,030.003.00 VO VOR-7581 6,270.006,270.001.00 VO VOR-7130 7,230.007,230.001.00 VO VOR-7582 6,270.006,270.001.00 VO VOR-7699 11,040.0011,040.001.00 VO VOR-7232 5,200.005,200.001.00 VO VOR-0611 10,410.003,470.003.00 VO VOR-7239 10,270.0010,270.001.00 VO VOR-7241 17,040.0017,040.001.00 VO VOR-7133 4,860.004,860.001.00 VO VOR-7134 4,860.004,860.001.00 VO VOR-7230 14,570.0014,570.001.00 VO VOR-7231 17,040.0017,040.001.00 VO VOR-7235 11,700.005,850.002.00 VO VOR-7127 5,390.005,390.001.00 VO VOR-7799 3,340.003,340.001.00 VO VOR-0136 61,770.0061,770.001.00 VO VOR-3003 1,140.00380.003.00 VO VOR-3000 1,520.00380.004.00 VO VOR-0519 13,650.004,550.003.00 VO VOR-3007 820.00410.002.00 AVONLEA COMMUNITY PARK SPLASHPAD EQUIPMENT INSTALLATION MN CONTRACT SWIFT #218097 Aqualien Flower N°3 Waterbug N°2 Alto N°1 Waterbug N°3 Astra N°3 Bobble N°1 Activator N°3 Helio N°4 Helio N°6 Hop N°1 Hop N°2 Luna N°1 Luna N°2 Luna Cannon N°1 Pico N°1 Spiroo Superwave Spraylink Split Spraylink Jet No. 1 Spray Loop Spraylink Fountain Continued Page 244 of 291 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:2 0024156 3/27/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 4/26/2024 LAKEVILLE Valid Through Item Unit Cost AmountDescriptionQuantity VO VOR-7772 3,820.003,820.001.00Silhouette N°1 VO VOR-3056 1,440.001,440.001.00Spraylink Curve VO VOR-3064 1,630.001,630.001.00Spraylink Quad N°3 VO VOR-3006 820.00410.002.00Spraylink Bloom VO VOR-3002 1,520.00380.004.00Spraylink Arch VO VOR-7242 15,490.0015,490.001.00TwinSplash VO VOR-1004 4,710.001,570.003.00Playsafe Drain N°4 /99999 S&C 4,200.004,200.001.00Lion Drinking Fountain /DISCOUNT CA 5,118.20-5,118.20-1.00MN CONTACT DISCOUNT ON WATER FEATURES /SPLASHPAD BUNDLE 168,021.18168,021.181.00CUSTOM RECIR SYSTEM To Include the Following: VO VOR-8543.0000 1.00Wall-Mount Manifold /99999 SPLSHPD 1.00Custom Recirculation Upgrade To Include: /99999 SPLSHPD 1.005-7 HP Feature Pump, Pentair or Equivalent /99999 SPLSHPD 1.003-5 HP Filtration Pump, Pentai or Equivalent /99999 SPLSHPD 2.00Chemical Pumps, Blue-White or Equivalent /99999 SPLSHPD 1.00Becsys3 Chemical Controller /99999 SPLSHPD 1.00PH Probe, Becsys or Equivalent Continued Page 245 of 291 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:3 0024156 3/27/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 4/26/2024 LAKEVILLE Valid Through Item Unit Cost AmountDescriptionQuantity /99999 SPLSHPD 1.00 /99999 SPLSHPD 1.00 /99999 SPLSHPD 1.00 /99999 SPLSHPD 1.00 /99999 SPLSHPD 2.00 /99999 SPLSHPD 1.00 /99999 SPLSHPD 1.00 /SPLASHPAD SVC 284,371.01284,371.011.00 /99999 SPLSHPD 16,400.0016,400.001.00 ORP Probe, Becsys or Equivalent Evoqua Regenerative Filtration System; Assero Model SP-29-36-200-A, Automatic Bump Clean w/ Included Compressor 3,000 Gallon Water Containment Tank Rain Diverter Module Underground Chemical Tanks Chlorine/Acid Lift Station w/ Sump Pump Air Gap Protective Cage for Lift Station Installation of Water Features & Custom Recirc System - Per Attached Scope of Work Dated 3/13/24 Performance & Payment Bond IMPORTANT NOTES: * Above pricing does not include receiving, off-loading, or storage of equipment prior to installation. * Current manufacturing lead time is ~ 7 to 8 weeks after receipt of order and all necessary items required for production purposes. Continued Page 246 of 291 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:4 0024156 3/27/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 4/26/2024 LAKEVILLE Valid Through Item Unit Cost AmountDescriptionQuantity * Sales Tax will be added if a Tax-Exempt form, Resale Certificate, or Capitol Improvement form are not provided at the time of purchase. * Freight is based on current quoted rates and is subject to change. Actual freight fees will be reflected on the final invoice. TERMS: * EQUIPMENT TO BE INVOICED NET 30 AT TIME OF SHIPMENT *LABOR TO BE INVOICED NET 30 UPON SUBSTANTIAL COMPLETION *A 5% RETAINER MAY BE SET ASIDE UNTIL PUNCHLIST ITEMS ARE RESOLVED Net Order:723,783.99 Freight:11,000.00 Sales Tax:0.00 734,783.99Order Total: Note: This quote is valid for 30 days. Please review the above information carefully. It defines your order as we understand it. If satisfactory, please sign and date below and fax to 608-848-8782, email back to your sales representative, or send a copy with your deposit to the address above. We will begin processing your order upon receipt of both your DEPOSIT AND APPROVAL SIGNATURE, per the terms indicated on your quote above. Additional surcharges may apply depending on final delivery address, actual delivery requirements and payment method. Please note that a 3% convenience fee may apply to credit card orders. Customer Acceptance: ______________________________________________ Date: _____________ david Page 247 of 291 Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:5 0024156 3/27/2024Quote Date: Quote Number: Bill To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Ship To : City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Terms and CondiƟons 1. When InstallaƟon or site work is specified in the proposal or quote, site security is not included. The customer is responsible for ensuring security during the project when Commercial RecreaƟon Specialists, Inc. is not present installing the specified system and immediately upon compleƟon of the installaƟon. In the event of vandalism or unexpected damage, Comme RecreaƟon Specialists, Inc. reserves the right to charge the customer for repairs and/or replacement goods. 2. This proposal or quote may be withdrawn if not accepted within thirty (30) days of its issuance. Commercial RecreaƟon Specialists, Inc. will consider reasonable revisions to this propos included in the terms of a subcontract provided it accurately incorporates the terms and condiƟons of this proposal. A proposal or quote not accepted within thirty (30) days will be subject to price escalaƟon for InstallaƟon materials, equipment, and freight. Commercial RecreaƟon Specialists, Inc. reserves the right to adjust its quoted price if the terms of a related subcontract increase its costs or add to Commercial RecreaƟon Specialists, Inc.’s administraƟve Ɵme of compliance. 3. When InstallaƟon or site work is specified in the proposal or quote, all work shall be performed according to industry standards. Areas in which Commercial RecreaƟon Specialists, Inc. InstallaƟon Team will be working shall be free and clear of all debris and accessible to any/all equipment necessary to perform the proposed work. Commercial RecreaƟon Specialists, assumes the site is buildable and has suitable subsurface condiƟons to allow the proposed construcƟon. 4. Unless waived in wriƟng by Commercial RecreaƟon Specialists, Inc., any changes to the scope of work, or the terms and condiƟons of this proposal shall be performed only aŌer execu of a wriƩen change order. 5. Commercial RecreaƟon Specialists, Inc. is not responsible for any delays due to strikes, accidents, weather, acts of God, and/or other delays beyond the control of Commercial RecreaƟ Specialists, Inc. Commercial RecreaƟon Specialists, Inc. is not responsible for any damages due to any of the above or similar causes outside of its control. 6. Commercial RecreaƟon Specialists, Inc. is not responsible for receiving, off-loading, storage, installaƟon, project management or coordinaƟon, piping, anchor bolts, concrete, surfacing, electrical, plumbing, bonding, bonding payment, geotechnical survey work, excavaƟon, removal of exisƟng materials, removal of debris and packaging material, site restoraƟon, permit permit fees, stamped drawings or Health department approval unless otherwise specified in the above proposal or quote. 7. The Customer is responsible for inspecƟng all deliveries for damage, noƟng any damage on the bill of lading, and noƟfying Commercial RecreaƟon Specialists, Inc. within one (1) day of receiving. 8. If applicable, sales tax has been included and will only be removed upon presentaƟon of a Tax-Exempt form, Resale CerƟficate, or Capitol Improvement form. In the event any asserƟon tax-exempt status is later denied by a taxing authority, the buyer will be responsible for the unpaid tax and any penalƟes and interest charges. 9. Freight shown is an esƟmate based on current quoted rates and is subject to change. Actual freight costs will be charged at the Ɵme of shipment and will be included on the final invoi applicable, the buyer is responsible for customs fees, duƟes, or taxes assessed by any port of entry. 10. When InstallaƟon or site work is specified in the proposal or quote, Commercial RecreaƟon Specialists, Inc. is not responsible for private or public uƟlity charges to locate services unle otherwise specified in the proposal or quote. Private and public uƟlity efforts to locate services need to be completed and marked before Commercial RecreaƟon Specialists, Inc. arrive site. Commercial RecreaƟon Specialists, Inc. is not responsible for damage to or repair of unmarked uƟliƟes. 11.The Customer is responsible for ensuring the scope of work in the quote or proposal meets all local standards and codes and that all required approvals and permits have been obtaine unless otherwise noted in the quote or proposal. This responsibility also extends to any changes requested. 12. Commercial RecreaƟon Specialists, Inc. warrants all its labor and workmanship under the aƩached proposal’s scope of work for a period of one (1) year from the date of substanƟal compleƟon. 13. Any requested special or custom modificaƟons and/or alteraƟons made to products installed by Commercial RecreaƟon Specialists, Inc. may void and null warranƟes provided by the manufacturer. Page 248 of 291 CORPORATE 807 Liberty Dr, Suite 101, Verona, WI 53593 SALES 657A N Michigan Ave, Kennilworth, NJ 07033 PHONE 608.848.8781 | 877.896.8442 FAX 608.848.8782 $YRQOHD3DUN6SODVKSDG(TXLSPHQW,QVWDOODWLRQ 6FRSHRI:RUN 27 ,QFOXGHG v 6HWDQGFRQQHFWGUDLQOLQHVWRVWXEEHGGUDLQOLQHV E\RWKHUV 6WXEEHGSLSHVWREHEURXJKWLQWKH FRQWDLQHUXQGHUWKHGUDLQDVGHHSDVSRVVLEOH v 3URYLGHFRQFUHWHIRXQGDWLRQVIRU9RUWH[ZDWHUIHDWXUHV v 6HW6DIH6ZDSIRXQGDWLRQV6DIH6ZDSVDQGHPEHGGHGZDWHUIHDWXUHVDFFRUGLQJWR PDQXIDFWXUHU¶VZULWWHQLQVWUXFWLRQV v 3URYLGHDQGLQVWDOOZDOOPRXQWHGFRQWUROPDQLIROGDQGFXVWRP:406ILOWUDWLRQV\VWHP v 3URYLGHDQGLQVWDOOFRQGXLWWR$FWLYDWRUVDQGSXOO9RUWH[ZLUHWRFRQWUROOHU v 3URYLGHDQGLQVWDOOSLSHPDWHULDOEHWZHHQPDQLIROGDQGZDWHUIHDWXUHV:406DQGZDWHUWDQN ,QVWDOOZDWHUOLQH v 3UHVVXUHWHVWILWWLQJVDQGSLSLQJ v ,QVWDOO´JUDYHOVWRQHFKLSVDURXQGSLSLQJ v ,QVWDOO6SODVKSDGLQDFFRUGDQFHZLWKFRQWUDFWGRFXPHQWV VKRSGUDZLQJV3 (HWF v )OXVKV\VWHPZLWKZDWHUWRHOLPLQDWHDQ\FRQVWUXFWLRQGHEULV v &RQGXFWV\VWHPWHVW v $GMXVWZDWHUIORZRQIHDWXUHVWRUHTXLUHGIORZUDWH v 3URYLGHODPLQDWHGGLDJUDPRIWKHPDQLIROGFKDUWIRUWKHPHFKDQLFDOURRP v 3URYLGHDVWDUWXSDQGRSHUDWLRQWUDLQLQJ7KLVLVUHTXLUHGWRKDSSHQRQWKHVDPHGD\VDPHWULSDV WKHLQVWDOODWLRQRIWKHYHUWLFDOIHDWXUHV v 3URYLGHD:LQWHUL]DWLRQWUDLQLQJRQVLWHDIWHU/DERU'D\RIWKHLQVWDOODWLRQ\HDUEXWEHIRUH 1RYHPEHUVWRIWKHLQVWDOODWLRQ\HDU v 3URYLGHILOOWRILQDOJUDGH´EHORZFRQFUHWHDQGFRPSDFWZLWKOLJKWFRPSDFWRUSULRUWRFRQFUHWH v 3URYLGHDQGLQVWDOOFRQFUHWHXSWRVTIW v &RRUGLQDWHLQVWDOODWLRQZLWK%XLOGLQJ&RQWUDFWRUV v $TXDWLF'HVLJQHU(QJLQHHULQJIHHV 0'+DQGORFDOSHUPLWWLQJZLWKIHHV ([FOXVLRQV 2ZQHU*&5HVSRQVLELOLWLHV v 5HFHLYLQJRIIORDGLQJDQGVWRUDJHSULRUWRLQVWDOODWLRQ v 6LWHVHFXULW\ v 3ULYDWH3XEOLFXWLOLW\ORFDWHUHTXLUHG8QPDUNHGXWLOLWLHVUHVSRQVLELOLW\RI2ZQHU*& v 6WDNLQJDQGHOHYDWLRQVSURYLGHGE\JHQHUDOFRQWUDFWRU([DPSOHHGJHRISDGFRQWUROSRLQWV DQGEHQFKPDUNV v 3HUPLWVDQGSHUPLWWLQJIHHVQRWOLVWHGDERYH v 3URYLGHDQGLQVWDOOZDWHUPHWHUDQGEDFNIORZSUHYHQWHU v %DFNIORZSUHYHQWHUFHUWLILFDWLRQ v $UHDLQVLGH6SODVKSDGH[FDYDWHGWR´EHORZILQDOJUDGH v $Q\ZDOOSHQHWUDWLRQVVOHHYHVRUNQRFNRXWV v 6LWHUHVWRUDWLRQ v 5HPRYDORIGHEULVDQGSDFNDJLQJPDWHULDORUSURYLGHDGXPSVWHUIRUGLVSRVDORIGHEULVDQG Page 249 of 291 Page 250 of 291 Page 251 of 291 Page 252 of 291 Page 253 of 291 11Splashpad® Version A - 41189 Avonlea Community Park Splashpad, MN View 7 All 3D renders shown are for illustration purposes only. Actual colors, textures and finishes may differ from renders. Exhibit A Page 254 of 291 12Splashpad®Avonlea Community Park Splashpad, MN Version B - 41189 Play Value Planning Sensory Stimulates & develops multiple sense experiences Spray Encourages teamwork & competition Tactile Promotes discovery of water textures Iconic Features interactive fun & serves as a social gathering place Circuit Encourages physical development Flow Develops discovery & learning Kinetic Features interactive fun & encourages movement Misty Cloud-like experience gives refreshing thrills Aquatic play may feel spontaneous, but it actually requires lots of planning. We design every play experience to keep families engaged, boost dwell times, and increase return visits. To build lasting memories among moms, dads, and little ones of all abilities, we carefully consider how to integrate products that cater to everything from the location’s footprint and capacity to its demographics and theming objectives. Kinetic Interactive Twirl with circular ground jets Toddler Family Teen Sensory Discovery Garden Spray Competitive Play Tactile Gentle Sprays Iconic Grand Splash Zone Iconic Grand Splash Zone Circuit Adventure Circuit Flow Hops and Alto, Pico Page 255 of 291 Date: 4/1/2024 Public hearing on the application for Phoenix Cove Event Center, LLC DBA "Phoenix Hall Event Center" 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 Phoenix Hall Event Center located at 20732 Holt Avenue. Overview Phoenix Hall Event Center, located at 20732 Holt Avenue, will be changing its Consumption and Display License to an On-Sale Wine and On-Sale 3.2% Malt Liquor License. The business will operate an Asian cuisine restaurant that currently operates Monday through Thursday from 9 a.m. to 3 p.m., and it would like to extend these offerings. 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: $0.00 Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Orlofsky, City Clerk Page 256 of 291 Date: 4/1/2024 Public Hearing and Award of Contract for the 2024 Street Reconstruction/Rehabilitation Improvement Project 24-02 Proposed Action Staff recommends adoption of the following motion: Move to approve 1) resolution awarding contract to McNamara Contracting, Inc for the 2024 Street Reconstruction/Rehabilitation Project, City Project 24-02; 2) resolution adopting assessments for city improvement project 24- 02; 3) resolution authorizing funding and 2024 budget amendments and fund transfers; and 4) approve proposals with WSB and Braun Intertec for professional services. Overview On Tuesday, February 20, 2024 the City received three bids for construction of City Project 24- 02 and results ranged from a low bid of $4,424,881.30 submitted by McNamara Contracting to a high bid of $4,743,715.28. Based on the apparent low bid price for construction, the total project cost which includes indirect costs such as engineering, legal fees and soils investigation and testing is anticipated to be $5,470,553. Funding sources are listed in the attached Project Financing Document. The 2024 Street Reconstruction/Rehabilitation project is partially funded with property tax levies, of which a portion is financed through assessments to benefitting property owners. Pursuant to the requirements of Minnesota Statues, Chapter 429 for local improvements, two public hearings are required. The City Council held the first public hearing (improvement hearing) on November 20, 2023, providing property owners within the 2024 Street Reconstruction Project a project summary, estimated project costs, a description of the proposed assessment area, an estimate of the amount to be assessed and an explanation of the City’s adopted Assessment Policy. Notice of the second public hearing (assessment hearing) was published and mailed to affected property owners and will be held at this council meeting here tonight. Prior to the public hearing, staff will provide a summary of the 2024 Street Reconstruction Project, including project costs, description of the assessment area, amount to be assessed and an overview of the City’s Assessment Policy. The project will require professional consultant services for construction observation and materials testing. Construction observation is typically done in-house by City staff, but due to construction services staffing vacancies, this project will require our engineering consultant, WSB, to provide a construction observer for the project. Consistent with their contract dated September 20, 2021, WSB provided a separate proposal for these professional services. Braun Intertec has submitted a proposal to provide construction materials testing services. Braun Intertec completed the geotechnical investigation work for the project. Staff has reviewed the Page 257 of 291 proposals for each of the above and finds them acceptable. Supporting Information 1. Project Financing 2. Resolution awarding contract 3. CP2402_Resolution adopting assessments4.1.24 4. Resolution authorizing funding 5. Construction Contract Agreement 6. WSB Professional services proposal 7. Braun Intertec Professional services proposal Financial Impact: $5,470,533 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 258 of 291 Project Financing Funding for the project was programmed in the 2024-2028 CIP. The following is a breakdown of the anticipated costs. ▪ The City’s cost-share for roadway and storm sewer improvements, including storm sewer repair/replacement, will be financed from the issuance of G.O. Improvement Bonds. The City’s share of debt will be financed with taxes, which are repaid with property tax levies commencing in 2025. ▪New water quality infrastructure will be financed from the Storm Water Infrastructure Fund. ▪Public watermain improvements, including the installation of corrosion protection best management practices, will be financed from the Water Operating Fund. ▪Public sanitary sewer improvements, including infrastructure repair/replacement and inflow and infiltration best management practices, will be financed from the Sanitary Sewer Operating Fund. ▪Trail improvements not directly impacted by the street project, but adjacent the project area will be financed from the Parks Trail Improvement Fund. •Project Costs: Total •Project Costs: Financing The City of Lakeville’s share of cost for street and storm sewer improvements will be financed with debt issuance; the principal and interest payments will be repaid with property tax levies commencing in 2025. The water quality improvements will be financed using the City’s Stormwater Infrastructure Fund; watermain rehabilitation improvements will be completed using the City’s Water Operating Fund. All stormwater sediment basin maintenance will be funded by the environmental resources fund. The sanitary sewer rehabilitation will be funded by the City’s Sanitary Sewer Operating Fund; trail improvements will be financed from the Parks Trail Improvement Fund. Cost Type Amount Construction Contract 4,424,881$ Engineering/design/survey costs 645,727 Bonding costs 129,060 Contingency (5% of contract)221,200 Other costs 49,685 5,470,553$ Funding Sources Total City of Lakeville (property taxes)3,139,005$ Special Assessments 990,136 Water Operating Fund 527,332 Sanitary Sewer Fund 112,861 Stormwater Infrastructure Fund 600,322 Environmental Resources Fund 38,810 Trail Improvement Fund 62,086 Total 5,470,553$ Page 259 of 291 •Project Costs: Feasibility Report vs. Actual Bid Results •Special Assessments: Terms and Conditions o Interest rate: 3.0% o Term: 5, 10 & 15 years for Residential Properties o First payment due with taxes payable 2025 o Senior Citizen deferments are available for those who quality •Special Assessments (Unit Rates): Feasibility Report vs. Bid Results The adopted Lakeville 5-year Capital Improvement Plan (2024-2028) programs an estimated total project cost of $4,770,000. The Bid Results in the tables above show a slightly higher amount including contingency and indirect costs. Project costs will be closely monitored throughout construction to keep within the prescribed budget. Feasibility Actual Difference City of Lakeville (property taxes)3,093,507$ 3,139,005 1.5% Special Assessments 904,257 990,136 9.5% Water Operating Fund 575,182 527,332 -8.3% Sanitary Sewer Fund 136,002 112,861 -17.0% Storm Sewer Infrastructure Fund 324,001 600,322 85.3% Environmental Resources Fund 47,850 38,810 -18.9% Trail Improvement Fund 36,405 62,086 70.5% Total 5,117,204$ 5,470,553$ 6.9% Special Assessments Feasibility Actual A Single Family Unit (Jaguar Area)5,429.00 4,919.00 (510)-9.4% B Single Family Unit (Jaeger Area)5,375.00 5,487.00 112 2.1% C Single Family Unit (Kaften Area)5,579.00 4,846.00 (733)-13.1% E Single Family Unit (201st Area)4,479.00 4,939.00 460 10.3% F Single Family Unit (Italy Area)5,494.00 5,505.00 11 0.2% G Single Family Unit (205th Area)4,413.00 4,376.00 (37)-0.8% H Single Family Unit (205th Area, Townhomes)2,206.50 2,188.00 (19)-0.8% I Single Family Unit (Ipswich Area)2,541.00 3,744.00 1,203 47.3% Variance Page 260 of 291 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Awarding Contract for 2024 Street Reconstruction/Rehabilitation Project, City Project 24-02 WHEREAS, the City of Lakeville received sealed bids on Wednesday, February 20, 2024, at 10:00 a.m. for 2024 Street Reconstruction/Rehabilitation Project, City Project 24-02; and WHEREAS, the lowest responsible bid was from McNamara Contracting, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: Hereby awards the contract to the lowest responsible bidder that meets all the bid requirements, McNamara Contracting, Inc., with a bid in the amount of $4,424,881.30. The construction is proposed to be completed as specified in the contract documents. ADOPTED by the Lakeville City Council this 1st day of April 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 261 of 291 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Adopting Assessments for City Improvement Project 24-02 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met, heard and passed upon all objections to the proposed assessment for City Project 24-02 within portions of Rock Ridge First/Second Addition; Golden Pond First Addition; Golden Pond Second Addition; Golden Pond Third Addition; Greenwood Estates; Wyldewood Oaks; Raven Lake First/Second/Third Addition; St. Frances Woods 7th Addition; The Oaks of Lake Villa; Woodridge Estates; Warweg Addition; Antlers Park; Lenihans Lot Antlers Park; Bentson Addition; Village Creek First Addition; Berres Addition; Barrett First Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. Such proposed assessment in a total amount of $990,136.00, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in the hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be considered payable in equal annual principal installments over a period of five (5) years for assessment values up to $2,500, ten (10) years for assessment values from $2,501-5,000, fifteen (15) years for assessment values $5,001-7,500, and twenty (20) years for assessment values over $7,500 the first of the installments to be payable on or before the first Monday in January 2025. The assessments shall bear interest at the rate of 3.0% percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property may, prior to certification of the assessment to the county auditor, pay the whole or portion of the assessment on such property. No interest will be charged if the entire assessment is paid by November 15, 2024. No partial payments will be accepted after November 15, 2024. Payments made between November 16, 2024 and December 15, 2024 will include daily interest accrued from November 16 to the date of the payment. The first-year installment payments will be due with taxes payable 2025 and will include interest accrued from November 16, 2024 – December 31, 2025. The property owner may at any time pay the entire amount of the assessment remaining unpaid. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the Lakeville City Council this 1st day of April 2024. Page 262 of 291 ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 263 of 291 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Authorizing Funding and 2024 Budget Amendments and Transfers 2024 Street Reconstruction/Rehabilitation Project, City Project 24-02 WHEREAS, 2024 Street Reconstruction/Rehabilitation, City project 24-02, is programmed in the adopted Lakeville 5-year Capital Improvement Plan (2024-2028). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: The estimated project cost is $5,470,553 and anticipated funding sources are listed below. City staff is hereby authorized to amend the 2024 budgets (if needed as the project is completed) and make the appropriate transfers between funds with respect to the project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover engineering and other costs incurred on the project in advance of receiving other funding. ADOPTED by the Lakeville City Council this 1st day of April 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Funding Sources Total Ci ty of Lake vi l l e (property tax e s)3,139,005$ Special Assessments 990,136 Water Operati ng Fund 527,332 Sani tary Sewe r Fund 112,861 Stormwater Infrastructure Fund 600,322 Envi ronmental Resources Fund 38,810 Trai l Improve ment Fund 62,086 Total 5,470,553$ Page 264 of 291 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT 2024 STREET RECONSTRUCTION/REHABILITATION PROJECT AGREEMENT CITY PROJECT NO. 22-04 CITY OF LAKEVILLE, MN WSB PROJECT NO. 023290-000 PAGE 1 THIS AGREEMENT is by and between City of Lakeville (“Owner”) and McNamara Contracting, Inc. (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. 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: The furnishing of all labor, materials, tools, and equipment necessary to complete the street construction, watermain, sanitary, storm sewer, pedestrian ramps, turf restoration, and appurtenant work as shown on the Plans and specified herein. ARTICLE - 2 THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2024 Street Rehabilitation Project and 2024 Street Reconstruction Project for the City of Lakeville, City Project No. 24-02, WSB Project No. 023290-000. ARTICLE - 3 ENGINEER 3.01 The Owner has retained WSB LLC (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been design ed by WSB LLC. ARTICLE - 4 CONTRACT TIMES 4.01 Time is 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 September 6, 2024, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before October 4, 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 Contract Times, as duly modified. 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): Page 265 of 291 2024 STREET RECONSTRUCTION/REHABILITATION PROJECT AGREEMENT CITY PROJECT NO. 22-04 CITY OF LAKEVILLE, MN WSB PROJECT NO. 023290-000 PAGE 2 1. Substantial Completion: Contractor shall pay Owner liquidated damages in accordance with MnDOT Table 1807-1 for each Calendar Day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner liquidated damages in accordance with MnDOT Table 1807-1 for each Calendar Day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Milestones, Substantial Completion and final completion are not additive and will not be imposed concurrently. 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. Contract Price: Four Million Four Hundered and Twenty Four Thousand Eight Hundred and Eighty One and 30/100 Dollars ($4,424,881.30) for Base Bid subject to adjustment based on the provisions of the Contract. B. 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 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. C. The Contractor’s Bid, attached hereto as an exhibit, provides the basis for the extended prices for the Unit Price Work. 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 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. Page 266 of 291 2024 STREET RECONSTRUCTION/REHABILITATION PROJECT AGREEMENT CITY PROJECT NO. 22-04 CITY OF LAKEVILLE, MN WSB PROJECT NO. 023290-000 PAGE 3 a. 95 percent of Work completed (with the balance being retainage). 1) If 50 percent or more of the Work has been 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, Contractor shall submit to the Engineer an Application for Payment for the retainage amount less the following amounts: 1. 250 percent of the anticipated cost to complete the punch list items; and 2. the greater of $500 or 1 percent of the Contract price to ensure delivery of final paperwork which includes, but is not limited to operation manuals, payroll documents for projects subject to prevailing wage requirements, and the IC134 form. The Owner, upon certification from the Engineer, shall make payment of any undisputed amounts within 30 days of receipt of the Application for Payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or at any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A. All amounts not paid when due shall bear interest at the rate of 0 percent per month. ARTICLE - 7 CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of 121 sheets with each sheet bearing the following general title: 2024 Street Rehabilitation Project and 2024 Street Reconstruction Project, dated January 12, 2024. Page 267 of 291 2024 STREET RECONSTRUCTION/REHABILITATION PROJECT AGREEMENT CITY PROJECT NO. 22-04 CITY OF LAKEVILLE, MN WSB PROJECT NO. 023290-000 PAGE 4 7. Addenda (numbers 1 to 3, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Completed Bid Form. b. Non-Collusion Affidavit. c. Responsible Contractor Verification and Certification of Compliance Form. 9. 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. e. Maintenance Bond. B. The Contract Documents listed in Paragraph 7.01.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 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE - 8 REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce the Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identif ied in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings; and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 5. 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 Techn ical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. Page 268 of 291 2024 STREET RECONSTRUCTION/REHABILITATION PROJECT AGREEMENT CITY PROJECT NO. 22-04 CITY OF LAKEVILLE, MN WSB PROJECT NO. 023290-000 PAGE 5 6. 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. 7. 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. 8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. 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. 8.02 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 fals e 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 1.5 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. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineer’s Joint Contract Documents Committee, and if Owner is the pa rty 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 Su pplementary Conditions. Page 269 of 291 2024 STREET RECONSTRUCTION/REHABILITATION PROJECT AGREEMENT CITY PROJECT NO. 22-04 CITY OF LAKEVILLE, MN WSB PROJECT NO. 023290-000 PAGE 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). Owner: Contractor: City of Lakeville McNamara Contracting, Inc. By: By: Date: Date: Name: Name: 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: Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: 03-12-2024 Mike McNamara President Secretary 16700 Chippendale Avenue Rosemount, MN 55068 Lucas Henry Project Manager 16700 Chippendale Avenue Rosemount, MN 55068 Page 270 of 291 K:\023290-000\Admin\Contract\WSB_City of Lakeville CP 24-02 Construction Services Proposal.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM March 13, 2024 Mr. Steve Ferraro Public Works Coordinator City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: 2024 Street Reconstruction Project CP 24-02 WSB Project No. 23290-000 Dear Mr. Ferraro: WSB is excited about the opportunity to present this proposal for construction observation services for the City’s 2024 Street Reconstruction Project, CP 24-02, which includes the following major tasks: ▪ Construction Observation The proposed scope of services presented in this proposal is based on final design and bidding work already completed under a separate contract and discussions with City Staff. Construction Staking, Construction Administration Support and As-Built services were also already scoped as a part of the final design portion of the project. PROJECT APPROACH/SCOPE OF SERVICES WSB’s project scope and proposed construction observation task is based on our understanding of the project, and we propose the following scope of services: Task 1 –Construction Observation WSB will provide Construction Observation services through construction of the project and final project closeout. This will include: ▪ Attendance at the preconstruction meeting for the project. ▪ Construction observation for a twenty-three (23) week construction schedule. o WSB will provide one Construction Observer to provide daily construction observation services for 40-hours per week. o WSB will provide one Sr. Construction Observer to provide project oversight and assist with observation duties as needed for an average of 5-hours per week. ▪ Construction Observer attendance at weekly progress meetings with the contractor and City. ▪ Documenting quantities to provide to the City for drafting pay vouchers in the City’s OneOffice account. ▪ Assisting City Staff with the preparation of any contract modifications including Work Orders, Change Orders, and Supplemental Agreements generated by the City. ▪ Responding to all contractor requests for information (RFI). PROPOSED FEE WSB will provide the services as outlined in Project Approach/Scope of Services. Our budget was developed based on our understanding of the scope and experience with past reconstruction Page 271 of 291 Mr. Steve Ferraro March 13, 2024 Page 2 K:\023290-000\Admin\Contract\WSB_City of Lakeville CP 24-02 Construction Services Proposal.docx projects in the area. We estimate an hourly not to exceed fee of $134,500.00. This estimate used an assumed 23-week construction duration with full-time construction observation services (for an average of 45-hours per week from the WSB team). The proposed scope and fee presented herein represents our complete understanding of the project based on site visits and discussions with City staff. All work will be completed in accordance with our Professional Services Agreement with the City dated September 20, 2021. If you have any questions or concerns, please feel free to contact me at (952) 737-4675. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB Monica Heil, PE Vice President of Municipal Services Attachments Cc: Chris Bunders, WSB Tim Andler, WSB ACCEPTED BY: City of Lakeville By: Luke Hellier, Mayor Date: Attest: Ann Orlofsky, City Clerk Page 272 of 291 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com March 19, 2024 Proposal QTB193061 Mr. Stephen Ferraro City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: Proposal for Construction Materials Testing Services 2024 Street Reconstruction / Rehabilitation City Improvements Project No. 24-02 Lakeville, Minnesota Dear Mr. Ferraro: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the 2024 Street Reconstruction / Rehabilitation Project in Lakeville, Minnesota. We have completed the geotechnical evaluation for this project, so we have a unique understanding of the site and construction challenges. We can aid the construction team by applying this experience and transferring our knowledge developed during the design phase which will provide professional continuity to the construction. Our work on the project to date gives us familiarity with the project team and design development which allows us to understand some of the considerations used when developing the project’s design. Since our inception in 1957, we have grown into one of the largest employee-owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project This project will incorporate a reconstruction phase in the 201st and Italy, Jaguar, Jaeger and Ipswich neighborhoods and along 205th Street West and Kaftan Court, as well a rehabilitation phase along in the Jackdaw, Ketchikan Trail, Ipava Avenue and Hummingbird Lane neighborhoods. This project will include reconstruction of Italy Avenue, 201st Street West and the Italy Avenue trail, full depth reclamation, bituminous mill and overlay, and the construction of a new cul-du-sac at the north end of Jacquard Path. This project will also include subgrade preparation, placement of reclaimed aggregate base, new concrete curb and gutter, sidewalk, and driveways along with a new bituminous pavement. Minor improvements to the sanitary, storm, and water main utilities will also be part of this project. Page 273 of 291 City of Lakeville Proposal QTB193061 March 6, 2024 Page 2 Available Project Information This proposal was prepared using the following documents and information.  Project plans and specifications prepared by WSB, dated January 12, 2024.  Project Addendum numbered 1, 2 and 3, dated February 8, 2024, February 15, 2024, and February 16, 2024, respectively.  Discussions with Stephen Ferraro with the City of Lakeville regarding estimated quantities and materials testing requirements. Scope of Services Services are performed under the direction of a licensed professional engineer. Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soil Related Services  Observe and evaluate the soils exposed in the bottoms of excavations to determine if the soils are similar to those encountered with the geotechnical evaluation and suitable for support of pavements. Our engineer can provide consultation for conditions that appear to differ from the geotechnical evaluation.  Measure the in-place dry density, moisture content and relative compaction of fill placed for pavement support and utility backfill for compliance with the project documents. This task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in-place dry densities and moisture contents.  Sample and test full depth reclamation materials for compliance with the project documents. This task includes laboratory gradation testing.  Perform MnDOT full depth reclaim dynamic cone penetrometer (DCP) tests on full depth reclamation material. Concrete Related Services Sample and test fresh concrete associated with pavement and/or curb-and-gutter for compliance with the project documents and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us.  Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. Page 274 of 291 City of Lakeville Proposal QTB193061 March 6, 2024 Page 3 Bituminous Related Services  Sample and test bituminous pavement materials for compliance with the project documents. This task includes Rice specific gravity, Gyratory density, fine aggregate angularity, percent crushed, asphalt content and extracted aggregate gradation tests of the bituminous.  Measure the in-place wet density of the fresh bituminous wear course with a nuclear density gauge to observe and document the contractor’s roll pattern.  Perform bituminous coring and core testing. We will provide a two-man crew to mark and cut cores at random locations on non-wear (base) bituminous paving. Results will be analyzed for compliance with the project documents. We will patch the core holes with hot mix bituminous. Consulting, Project Communication and Reporting Services  Project management, including scheduling of our field personnel. Review observation and test reports and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed.  Transmit test results to the project team on a weekly basis. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include:  We assume it will take ten trips to complete the nuclear density gauge testing on this project.  We assume compaction testing on full depth reclamation material will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of four tests will be conducted each trip with five trips assumed.  We assume twenty sets of concrete tests will be required to complete the project.  We assume the rebar observations before concrete placements will be completed by the project representative’s construction oversight manager.  We assume bituminous paving will be completed in nineteen days for this project.  We assume City of Lakeville personnel will observe the test rolling of soils and full depth reclaim for this project. Page 275 of 291 City of Lakeville Proposal QTB193061 March 6, 2024 Page 4  We assume the project engineer of record will review and approve contractor’s quality control submittals and test results.  You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work.  We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $47,852. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges based on conversations with the contractor. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. Page 276 of 291 City of Lakeville Proposal QTB193061 March 6, 2024 Page 5 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. Page 277 of 291 City of Lakeville Proposal QTB193061 March 6, 2024 Page 6 Our services will be provided under the terms of the Master Agreement for Professional Engineering Services dated September 20, 2021. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Colin Keane at 612.704.2674 (ckeane@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Colin M. Keane Staff Engineer Andrew M. Valerius Account Leader, Senior Project Manager Charles M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachment: Cost Estimate Table The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date Page 278 of 291 Client:Service Description:Work Site Address: 201st and Italy, Jaguar, Jaeger, Ipswich, Jackdaw, Ketchikan Trail, Ipava Avenue and Hummingbird Lane neighborhoods, 205th St W and Kaftan Court Lakeville, MN 55044 City of Lakeville Stephen Ferraro 20195 Holyoke Ave Lakeville, MN 55044 (952) 985-4400 Construction Materials Testing Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Soil Testing $7,170.00 207 Compaction Testing - Nuclear 25.00 Hour 82.00 $2,050.00 Work Activity Detail Qty Units Hrs/Unit Extension Subgrade Preparation 4.00 Trips 2.50 10.00 Utility Backfill - Storm Sewer & Watermain 6.00 Trips 2.50 15.00 1308 Nuclear moisture-density meter charge, per hour 25.00 Each 24.00 $600.00 1861 CMT Trip Charge 25.00 Each 25.00 $625.00 217 Compaction Testing - DCP's 15.00 Hour 82.00 $1,230.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation 5.00 Trips 3.00 15.00 1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 150.00 $150.00 209 Sample pick-up 7.50 Hour 82.00 $615.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation 5.00 Trips 1.50 7.50 1318 Moisture Density Relationship (Proctor)4.00 Each 185.00 $740.00 126 Project Engineer 3.00 Hour 160.00 $480.00 1162 Sieve Analysis with 200 wash, per sample 5.00 Each 136.00 $680.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation 5.00 Each 1.00 5.00 Activity 1.2 Concrete Testing $7,530.00 261 Concrete Testing 50.00 Hour 82.00 $4,100.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb & Gutter 11.00 Trips 2.50 27.50 Flatwork - Sidewalk & Driveways 9.00 Trips 2.50 22.50 1861 CMT Trip Charge 30.00 Each 25.00 $750.00 1364 Compressive strength of concrete cylinders, per specimen 60.00 Each 31.00 $1,860.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb & Gutter 11.00 Sets 3.00 33.00 Flatwork - Sidewalk & Driveways 9.00 Trips 3.00 27.00 278 Concrete Cylinder Pick up 10.00 Hour 82.00 $820.00 Work Activity Detail Qty Units Hrs/Unit Extension Concrete Cyinder Pickup 10.00 Trips 1.00 10.00 Activity 1.3 Pavement Testing $25,642.00 2689 MnDOT Bituminous Verification, per sample 19.00 Each 679.00 $12,901.00 209 Sample pick-up 12.00 Hour 82.00 $984.00 Work Activity Detail Qty Units Hrs/Unit Extension Sample Pickup - Non-wear Course 8.00 Trips 1.50 12.00 Page 1 of 203/19/2024 01:22 PM Project Proposal QTB193061 City of Lakeville - 2024 Street Recon / Rehab (CP 24-02) Page 279 of 291 Proposal Total:$47,852.00 207 Compaction Testing - Nuclear 33.00 Hour 82.00 $2,706.00 Work Activity Detail Qty Units Hrs/Unit Extension Roll Pattern / Sample Pickup - Wear Course 11.00 Trips 3.00 33.00 1308 Nuclear moisture-density meter charge, per hour 33.00 Each 24.00 $792.00 1861 CMT Trip Charge 27.00 Each 25.00 $675.00 252 Bituminous Coring - Two Person Crew 32.00 Hour 185.00 $5,920.00 Work Activity Detail Qty Units Hrs/Unit Extension Mark & Core Bituminous Pavement - Non-wear Course 8.00 Trips 4.00 32.00 1542 Thickness and Density of Bituminous Core 32.00 Each 52.00 $1,664.00 Activity 1.4 Project Management $7,510.00 226 Project Manager 30.00 Hour 160.00 $4,800.00 228 Senior Project Manager 8.00 Hour 185.00 $1,480.00 238 Project Assistant 15.00 Hour 82.00 $1,230.00 Phase 1 Total:$47,852.00 Page 2 of 203/19/2024 01:22 PM Project Proposal QTB193061 City of Lakeville - 2024 Street Recon / Rehab (CP 24-02) Page 280 of 291 Date: 4/1/2024 Public Hearing and Resolution Adopting Assessment For Unpaid Special Charges Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Adopting Assessments for the Unpaid Special Charges. Overview The City can minimize its losses due to bankruptcies by assessing unpaid special charges to taxes. These charges include costs and charges incurred by the City for mowing of grass, removal of weeds, property maintenance on nuisance properties, false alarm charges, unpaid utility bills and tree removal charges. In order to recover the unpaid special charges the City must follow State Statute procedures. Those procedures provide that the City must adopt a resolution declaring the unpaid special charges to be assessed and establish a date for the assessment hearing for those charges. Public notice of the hearing was mailed to customers, posted on the City website and published in the newspaper. Delinquent Utility Bills In addition to certifying the amount delinquent, the City also collects a $50 service charge to cover the cost of certification and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period of April 1, 2024 until December 31, 2025. The interest rate is the same as what we charge delinquent utilities throughout the year (1.5% per month). The certification process affects less than one percent (1%) of the Lakeville utility customers. Nuisance Abatement & Unpaid False Alarm Charges The affected parcels will each be assessed the actual contractual cost incurred, re-inspection fees, a $50 administrative fee to cover the cost of the assessment, and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period April l, 2024 until December 31, 2025. Tree Removal Charges The affected parcels will each be assessed the actual contractual cost incurred, a $50 administrative fee to cover the cost of the assessment, and interest at a rate of 4.4% per annum of the amount delinquent plus the service charge based on the term stated below. Term Assessment Amount 1 year $0 - $1,000 3 years $1,001 - $2,999 5 years $3,000 - $4,999 7 years Over $5,000 Page 281 of 291 Background and notification process for accounts being certified According to City Attorney Andrea Poehler, "If water service is provided to property and the property is subsequently sold or otherwise transferred, the new owner does not have a personal obligation to pay the bill unless the City and owner have a separate services contract. Unpaid water bills, however, are a lien on the property to which the service was provided. If the property is sold or the ownership transferred, the lien remains." At the time the City provides water service to a property the City has an enforceable lien on the property for the cost of the water provided. Minnesota Statutes, Section 514.67 provides: "All charges... of any nature now or hereafter authorized or required by law... shall constitute and be a first and prior lien from the date of such... service upon all property in this state subject to taxation as the property of the person from whom such charges and expenses are by law authorized or required to be collected. No record of such lien shall be deemed necessary." The statute's validity as applied to unpaid utility charges has been upheld. In Re Sheldahl, Inc. 298 B.R. 874 (Bankr. D. Minn. 2003). Minnesota Statute, Section 444.075, Subd. 3 further provides: "The governing body may make the charge a charge against the owner, lessee, occupant, or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected." City Code Section 7-5-6-4 also authorizes the City Council to certify unpaid charges to taxes. Unpaid utility charges, special assessments and real estate taxes are all liens against the property. The liens and their enforceability are not impaired by the transfer of ownership. In October 2019 the City Council amended Ordinance Title 8 of the City Code to allow the City to assess any unpaid false alarm charges to the property. Current and previous property owners have been notified via letter of the delinquency and certification process. Comparison Data The following chart shows the number of accounts and amounts that were presented to the Council at this point in the certification process last year as compared to this year: T T2022 2023 T 2024 Number Dollar Amount Number Dollar Amount Number Dollar Amount Delinquent Utilities 26 $6,371.79 27 $5,585.53 29 $8,320.55 Nuisance Abatement 9 $2,519.36 10 $2,665.61 19 $5,686.51 False Alarm 4 $384.33 7 $733.41 2 $1,097.50 Tree Removal 0 $0 $3 $6,853.91 Totals . 1 $9,275.48 $8,984.55 1 $21,958.47 Payments received prior to the hearing as well as within the 30 days following the hearing when interest is not charged will be removed from the final certification list that is sent to Dakota County. Page 282 of 291 Supporting Information 1.Background and Notification Process; Comparison Data 2.Resolution Adopting the Assessments for Unpaid Special Charges 3.Exhibit A: Assessment Summary – Delinquent Utilities 4.Exhibit B: Assessment Summary - Nuisance Abatement 5. 6. Exhibit C: Assessment Summary – Unpaid False Alarm Fees Exhibit D: Assessment Summary – Tree Removal Financial Impact: $21,958.47 Budgeted: No Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan Assistant Finance Director Page 283 of 291 CITY OF LAKEVILLE RESOLUTION No______ Resolution Adopting Assessments for Unpaid Special Charges WHEREAS, Minn. Stat. 444.075, Subd. 3 authorizes the City to certify unpaid sanitary sewer, water and storm sewer charges (“utility charges”) to the County Auditor- Treasurer for collection with taxes; and WHEREAS, Minn. Stat, 429.101 authorizes the City to special assess unpaid street light charges, weed elimination from streets or private property and tree removal charges (“special charges”); and WHEREAS, Title 8-5-4 of the City Ordinance authorizes the City to special assess unpaid emergency service charges (“special charges”) to the County Auditor- Treasurer for collection with taxes; and WHEREAS, an assessment roll has been prepared specifying the amount, which includes all penalties to be certified against each particular property; and WHEREAS, the resolution setting general government services, states “Accounts certified to the County Treasurer-Auditor for collection with the subsequent year’s taxes will be charged a $50.00 service charge plus 18% interest per year for delinquent utility bills, nuisance abatement for properties and unpaid false alarm charges. A $50.00 service charge plus 4.4% interest per year based on the term stated below will be charged for tree removal charges.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. Assessment No. 221424 in the amount of $8,320.55 relating to the certification of delinquent utility bills is calculated as follows: Total uncollected amount delinquent 4,876.82$ Service charge 1,450.00$ Interest 1,993.73$ Total certified 8,320.55$ 2. Assessment No. 221425 in the amount of $6,784.01 relating to the nuisance abatement for properties and unpaid false alarm charges, Assessment No. 221426 (3 year term) in the amount of $2,545.38 and Assessment No. 221423 (5 year term) in the amount of $4,308.53 for tree removal charges calculated as follows: Page 284 of 291 From Ex hibi t B From Ex hi bit C From Ex hibit D Tota ls False alarm fees -$ 700.00$ -$ 700.00$ Inspection/M owing fees 3,200.00 --3,200.00 T ree removal fees --6,076.00 6,076.00 Service charge/late fees 1,123.93 134.52 777.91 2,036.36 Interest 1,362.58 262.98 -1,625.56 Total certified 5,686.51$ 1,097.50$ 6,853.91$ 13,637.92$ The proposed assessments (Exhibit A, Exhibit B, Exhibit C, Exhibit D), copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute a special assessment against the lands named therein. The amounts certified in Exhibit A, Exhibit B, and Exhibit C shall bear interest from the date of this resolution until December 31, 2025 at the rate of eighteen percent (18%) per annum plus a service charge. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay to the City Treasurer the whole of the assessment on such property including the administration charge, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before December 31, 2024, or interest will be charged through December 31 of the succeeding year. The amount certified in Exhibit D shall bear interest from the date of this resolution based on the term stated below at the rate of 4.4% per annum plus a service charge. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay to the City Treasurer the whole of the assessment on such property including the administration charge, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before December 31, 2024, or interest will be charged through December 31 of the succeeding year. Term Assessment Amount 1 year $0 - $1,000 3 years $1,001 - $2,999 5 years $3,000 - $4,999 Page 285 of 291 7 years Over $5,000 A copy of this resolution, together with the assessment roll, is to be forwarded to the Dakota County Treasurer/Auditor for collection with other taxes. ADOPTED by the Lakeville City Council this 1st day of April 2024. CITY OF LAKEVILLE By: ________________________________ Like M. Hellier, Mayor ATTEST: ________________________________ Ann Orlofsky, City Clerk Page 286 of 291 NAME SERVICE ADDRESS ACCOUNT STATUS TAX ROLL NUMBER CERTIFICATION BALANCE SERVICE CHARGE FEE 18% ANNUAL INTEREST TOTAL ASSESSMENT BREANNA FEROLLA 9397 IMBLER TR Finalled 228410002300 $10.59 $50.00 $19.09 $79.68 THEA JOHNSON 16515 FLAGSTAFF AVE Finalled 222117602050 $13.86 $50.00 $20.12 $83.98 MEG R. GAUTHIER 7513 UPPER 167TH ST W Finalled 222760001020 $22.01 $50.00 $22.69 $94.70 SASSINEJ1LLC 5225 173RD ST W Finalled 224407815192 $28.66 $50.00 $24.79 $103.45 MAHENDRA SANICHAR 7225 168TH ST W Finalled 222110104280 $35.95 $50.00 $27.08 $113.03 CASSANDRA KVALE 20002 HEATH AVE Finalled 221371002300 $49.40 $50.00 $31.32 $130.72 NORA LLC DBA PREMIER MARTIAL ARTS 20137 IDEALIC WAY Finalled 223202701010 $49.48 $50.00 $31.35 $130.83 TROY ANDERSON 4956 161ST ST W Finalled 227134504020 $57.38 $50.00 $33.84 $141.22 RAGHAVENDRA BOGIMI 17150 FOLIAGE AVE Finalled 222085006030 $63.20 $50.00 $35.67 $148.87 LENNAR HOMES 20082 GAMMA LA Finalled 221671601180 $63.53 $50.00 $35.78 $149.31 TWIN CITIES HABITAT FOR HUMANITY 16630 FLAGSTAFF WAY W Finalled 222117705110 $65.00 $50.00 $36.24 $151.24 RISE UP RECOVERY 7513 UPPER 167TH ST W Finalled 222760001020 $74.11 $50.00 $39.11 $163.22 ABOVE ALL HARDWOOD FLOORS DISTRIBUTION 17436 INLAND LOOP Finalled 223330002160 $102.10 $50.00 $47.93 $200.03 JAMA ABDISAMAD HASSAN 16142 JOPLIN WAY Finalled 225370502070 $109.23 $50.00 $50.18 $209.41 STEVE GRIFFITH 9617 211TH ST W Finalled 221698001030 $115.09 $50.00 $52.02 $217.11 MICHAEL WHITEMAN 16267 HOLBROOK CT Finalled 228175102030 $117.98 $50.00 $52.93 $220.91 BRITTNEY WIDEL 18253 HAMEL DR Finalled 225721203050 $122.03 $50.00 $54.21 $226.24 NATALIE SCHMIDT 7930 210TH ST W Finalled 227140001170 $143.09 $50.00 $60.85 $253.94 RUTH BRUNO 20104 HOMEFIRE WAY Finalled 223210002030 $144.67 $50.00 $61.35 $256.02 UNIMED 21370 HEYWOOD AVE Finalled 221110103051 $161.19 $50.00 $66.55 $277.74 1 STOP CONSTRUCTION 17959 GRESFORD LA Finalled 227337006080 $161.98 $50.00 $66.80 $278.78 1 STOP CONSTRUCTION 17959 GREENWICH WAY Finalled 227337105190 $162.94 $50.00 $67.10 $280.04 CHRISTOPHER KORKOWSKI 16421 JAFFNA PL Finalled 221867001130 $163.06 $50.00 $67.14 $280.20 1 STOP CONSTRUCTION 17875 HAMBURG AVE Finalled 227337012140 $163.99 $50.00 $67.43 $281.42 LAURA HACKETT 10035 205TH CT W Finalled 224820401120 $185.71 $50.00 $74.28 $309.99 KE HUANG 16561 DULUTH TR Finalled 227131401070 $216.32 $50.00 $83.92 $350.24 HILOWLE HASSAN 16572 DODD LA Finalled 222670303060 $520.15 $50.00 $179.67 $749.82 DAVIS HGUYEN 18822 HOUSTON WAY Finalled 221720303170 $818.93 $50.00 $273.82 $1,142.75 ABDI NOOR IGAL 5721 UPPER 179TH ST W Finalled 224227503120 $935.19 $50.00 $310.46 $1,295.65 Totals $4,876.82 $1,450.00 $1,993.73 $8,320.55 CITY OF LAKEVILLE ASSESSMENT SUMMARY - DELINQUENT UTILITIES APRIL 1, 2024 EXHIBIT A Page 287 of 291 PID #INVOICE DATES SERV NAME/OWNER NAME SERVICE ADDRESS DESCRIPTION INSPECTION FEE(S) INVOICE LATE FEES TOTAL ADMIN FEE TOTAL FEES INTEREST THRU 2025 TOTAL AMOUNT TO BE CERTIFIED 22-21177-04-110 8/24/2023 CHRISTOPHER REAGAN 16599 FISHING AVE W REINSPECTION FEE 100.00$ 7.84$ 107.84$ 50.00$ 157.84$ 49.74$ 207.58$ 22-20850-05-150 7/26/2023 CURT PARISH 17095 FOILAGE AVE REINSPECTION FEE 100.00$ 9.27$ 109.27$ 50.00$ 159.27$ 50.19$ 209.46$ 22-21177-02-030 8/10/2023 & 8/24/23 STEVEN & KIMBERLY LORENZ 6281 LOWER 161ST STE W REINSPECTION FEE 200.00$ 14.50$ 214.50$ 50.00$ 264.50$ 83.35$ 347.85$ 22-53702-01-020 8/18/2023 & 8/29/2023 JON M & MELISSA A VINOVICH 9991 OAK SHORE DR REINSPECTION FEE 200.00$ 14.11$ 214.11$ 50.00$ 264.11$ 83.23$ 347.34$ 22-26700-03-180 8/22/2023 & 9/8/2023 BRIAN J. CARLETON 16216 FALLBROOK DR REINSPECTION FEE 200.00$ 13.91$ 213.91$ 50.00$ 263.91$ 83.16$ 347.07$ 22-19405-03-030 8/24/2023, 9/12/23,10/24/23, 11/14/23 EDGAR & DINA DELGADO 17880 ITALY PATH REINSPECTION FEE 400.00$ 20.67$ 420.67$ 50.00$ 470.67$ 148.32$ 618.99$ 22-27601-06-090 8/29/2023 JAY A. BARTA 7536 165TH ST W REINSPECTION FEE 100.00$ 7.60$ 107.60$ 50.00$ 157.60$ 49.66$ 207.26$ 22-21170-06-050 9/8/2023 SEAN PATRICK KANE 7060 UPPER 164TH ST W REINSPECTION FEE 100.00$ 7.10$ 107.10$ 50.00$ 157.10$ 49.51$ 206.61$ 22-20860-01-200 9/11/2023 HOME SFR BORROWER LLC 16231 EXCELSIOR DRIVE MOWING FEE 150.00$ 10.43$ 160.43$ 50.00$ 210.43$ 66.31$ 276.74$ 22-27600-03-050 9/11/2023 SAMUEL E. GILIUSON 7803 UPPER 167TH ST MOWING FEE 300.00$ 20.87$ 320.87$ 50.00$ 370.87$ 116.87$ 487.74$ 22-57212-03-050 9/15/2023 PRAVEEN K. TALLA 18253 HAMEL DR REINSPECTION FEE 100.00$ 6.76$ 106.76$ 50.00$ 156.76$ 49.40$ 206.16$ 22-44900-08-030 9/21/2023 & 11/9/2023 JERAMIE KRIPPNER OR CURRENT RESIDENT 9755 201ST ST W REINSPECTION FEE 200.00$ 9.42$ 209.42$ 50.00$ 259.42$ 81.75$ 341.17$ 22-52080-01-030 9/29/23 & 11/28/23 ABDIAZIZ MOHAMED HASSAN 17331 ENCINA PATH REINSPECTION FEE 250.00$ 8.22$ 258.22$ 50.00$ 308.22$ 97.13$ 405.35$ 22-02800-53-021 10/31/2023 & 12/18/2023 PRECISION MARINE 8465 210TH ST W REINSPECTION FEE 200.00$ 5.92$ 205.92$ 50.00$ 255.92$ 80.65$ 336.57$ 22-20580-02-260 10/31/2023 BRYAN WERMAGER & KATHRYN SANDGREN 16034 ESTATE LANE REINSPECTION FEE 100.00$ 4.49$ 104.49$ 50.00$ 154.49$ 48.68$ 203.17$ 22-57210-07-110 11/21/2023 MOHAMED HASSAN 18287 HIDEAWAY CT REINSPECTION FEE 200.00$ 4.88$ 204.88$ 50.00$ 254.88$ 80.32$ 335.20$ 22-57213-01-040 11/14/2023 MADHAN KUMAR SHANMUGA SUNDARAM 18025 HIDDEN CREEK TRL REINSPECTION FEE 100.00$ 3.80$ 103.80$ 50.00$ 153.80$ 48.47$ 202.27$ 22-32026-01-010 12/19/2023 HVP V EPIC HERITAGE LLC (PAPA MURPHY'S PIZZA)20190 HERITAGE DR REINSPECTION FEE 100.00$ 2.07$ 102.07$ 50.00$ 152.07$ 47.92$ 199.99$ 22-33311-03-070 12/19/2023 AMY PERUSSE 17343 HOMESTEAD TRL REINSPECTION FEE 100.00$ 2.07$ 102.07$ 50.00$ 152.07$ 47.92$ 199.99$ Totals 3,200.00$ 173.93$ 3,373.93$ 950.00$ 4,323.93$ 1,362.58$ 5,686.51$ CITY OF LAKEVILLE ASSESSMENT SUMMARY- NUISANCE ABATEMENT APRIL 1, 2024 EXHIBIT B Page 288 of 291 PID #INVOICE DATES SERVICE NAME SERVICE ADDRESS DESCRIPTION ALARM CHARGE INVOICE LATE FEES TOTAL ADMIN FEE TOTAL FEES INTEREST THRU 2025 TOTAL AMOUNT TO BE CERTIFIED 22-44340-02-020 8/31/2023 HAMPTON INN BY HILTON 20851 KEOKUK AVE FALSE ALARM 300.00$ 22.49 322.49$ 50.00$ 372.49$ 117.38$ 489.87$ 22-11175-01-011 11/30/2023 FIRESIDE HEARTH & HOME TECHNOLOGIES 7571 215TH ST W FALSE ALARM 400.00$ 12.03 412.03$ 50.00$ 462.03$ 145.60$ 607.63$ 700.00$ 34.52$ 734.52$ 100.00$ 834.52$ 262.98$ 1,097.50$ CITY OF LAKEVILLE ASSESSMENT SUMMARY- FALSE ALARMS APRIL 1, 2024 EXHIBIT C Page 289 of 291 PID #INVOICE DATES SERVICE NAME SERVICE ADDRESS DESCRIPTION ALARM CHARGE INVOICE LATE FEES TOTAL ADMIN FEE TOTAL FEES TOTAL AMOUNT TO BE CERTIFIED TERM 22-41751-04-030 6/30/2023 Marlin & Debra Shade 16833 Fieldcrest Ave Tree Removal $1,224.00 $129.16 $1,353.16 $50.00 $1,403.16 $1,403.16 3 years 22-03300-80-020 6/30/2023 Cloverleaf Cold Storage Prop Ownr LLC % Amerigold 21755 Cedar Ave Tree Removal $3,852.00 $406.53 $4,258.53 $50.00 $4,308.53 $4,308.53 5 years 22-47545-03-080 7/27/2023 Anthony J. & June P. Cherrier 20392 Jupiter Ct. Tree Removal $1,000.00 $92.22 $1,092.22 $50.00 $1,142.22 $1,142.22 3 years 6,076.00$ 627.91$ 6,703.91$ 150.00$ 6,853.91$ 6,853.91$ CITY OF LAKEVILLE ASSESSMENT SUMMARY- TREE REMOVAL CHARGES APRIL 1, 2024 EXHIBIT D Page 290 of 291 Date: 4/1/2024 Closed Session—Attorney-Client Privileged Discussion of Proposed Settlement Terms in City of Lakeville v. Julie A. Larson et al., 19HA-CV-21-3756. The City Council may close the meeting as permitted by Minn. Stat. § 13D.05, subd. 3(b) to hold a confidential, attorney-client privileged discussion of legal rights and remedies, potential settlement, and strategy regarding the above legal action. Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 291 of 291