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HomeMy WebLinkAbout05-05-2025 AGENDA CITY COUNCIL MEETING May 5, 2025 - 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: 233 404 537 029 or by calling Toll Number 1-323-433-2142; Conference ID: 660 796 843#. 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. Together in Peace Proclamation b. Proclamation for Mental Health Awareness Month c. Police Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 04/21/2025 City Council Meeting c. Minutes of the 04/21/2025 City Council Special Meeting d. FiRST Center Commissioning Agent Professional Services Agreement e. Resolution Requesting the Minnesota Department of Transportation to Perform a Speed Zone Study for 185th Street from Kenwood Trail to Dodd Boulevard f. Teamsters (Parks) Standby MOU g. Resolutions Awarding Construction Contract and Authorizing Funding for 2025 Collector Roadway Rehabilitation h. Agreement with M&A Bauer Salvage for Kensington Park and Marion Fields Park Playground Removals i. Proposal with ECSI for Antlers Park Pavilion Surveillance System and Access Control Page 1 of 104 City Council Meeting Agenda May 5, 2025 Page 2 j. Amend 2024 General Fund and Technology Fund Budgets k. Contract for Replacement of Carpetning at the Performing Art Center l. Resolution Accepting Lakeville Public Safety Foundation Donation to the Lakeville Police Department for a Wellness Initiative 7. Action Items 8. Unfinished Business 9. New Business 10. Announcements a. Next Regular City Council Meeting May19, 2025 b. Next Work Session May 27, 2025 11. Adjourn Page 2 of 104 Date: 5/5/2025 Together in Peace Proclamation 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 3 of 104 Date: 5/5/2025 Proclamation for Mental Health Awareness Month 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 4 of 104 Date: 5/5/2025 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Checks 325810- 325976 $2,294,096.64 ACH/EFT 20496- 20651 $1,838,542.57 Total $4,132,639.21 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. The City is the fiscal agent for Lakeville Arenas and Dakota 911 and processes accounts payable invoices and payments which is not included in the total above. Supporting Information 1. 04.22.25CKSUM-ACH-EFT 2. 04.22.25CKSUM-Checks 3. Check Register 04.22.25 for May 5, 2025 Council Mtg - ACH-EFT 4. Check Register 04.22.25 for May 5, 2025 Council Mtg - Checks Financial Impact: $4,132,639.21 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 5 of 104 CHECK DISBURSEMENT REPORT FOR CITY OF LAKEVILLE Amount 1000 GENERAL FUND 325,749.34 2000 COMMUNICATIONS FUND 543.08 4000 BUILDING FUND 9,462.00 4100 EQUIPMENT FUND 11,010.65 4125 TECHNOLOGY FUND 1,087.80 4200 PARK DEDICATION FUND 16,669.15 4500 PARK IMPROVEMENT FUND 37,486.00 4720 2024A PARK BONDS 8,357.44 5200 STATE AID CONSTRUCTION FUND 122,265.49 5600 SANITARY SEWER TRUNK FUND 81,671.41 6597 2025 STREET PROJECTS 60.60 7450 ENVIRONMENTAL RESOURCES FUND 22.00 7550 UTILITY FISCAL ADMINISTRATION 96.25 7600 WATER FUND 159,361.85 7700 SEWER FUND 145,786.73 7800 LIQUOR FUND 303,075.39 8000 ESCROW FUND 648.75 8910 ESCROW - DCA/SECTION 125 14,394.05 8970 LAKEVILLE ARENAS - OPERATIONS 1,643.79 9800 PAYROLL CLEARING FUND 599,150.80 Report Total:1,838,542.57 05/01/2025 09:17 AM Page:1/1 Page 6 of 104 CHECK DISBURSEMENT REPORT FOR CITY OF LAKEVILLE Amount 1000 GENERAL FUND 180,252.64 2000 COMMUNICATIONS FUND 38.51 2230 LOCAL AFFORDABLE HOUSING AID 229,464.59 3125 2025A FIRST CENTER 2,752.00 4000 BUILDING FUND 1,299.50 4100 EQUIPMENT FUND 519,522.63 4125 TECHNOLOGY FUND 5,913.90 7450 ENVIRONMENTAL RESOURCES FUND 826.09 7575 STREET LIGHTING FUND 70,125.24 7600 WATER FUND 42,824.85 7700 SEWER FUND 472,747.92 7800 LIQUOR FUND 469,838.62 7900 MUNICIPAL RESERVES FUND 271,493.15 8000 ESCROW FUND 26,997.00 Report Total:2,294,096.64 05/01/2025 09:15 AM Page:1/1 Page 7 of 104 City Council Meeting Minutes April 21, 2025 Page 1 MINUTES CITY COUNCIL MEETING April 21, 2025 - 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 PM. 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; Allyn Kuennen, City Clerk; Taylor Snider, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3. Citizen Comments There were no citizen comments. 4. Additional agenda information None 5. Presentations/Introductions a. National Day of Prayer Proclamation Deb Anderson noted that there will be a National Day of Prayer event outside of City Hall on May 1st, 2025. Councilmember Volk read the proclamation recognizing the National Day of Prayer for the City of Lakeville. b. Fire Department Badging Recognition Chief Meyer led a badging recognition ceremony for five members of the Lakeville Fire Department. Council congratulated the members of the Fire Department and thanked them for serving Lakeville. c. Fire Department Quarterly Report Chief Meyer presented the Lakeville Fire Department 1st Quarter Report. 6. Consent Agenda a. Check Register Summary b. Minutes of the 04/07/2025 City Council Meeting Page 8 of 104 City Council Meeting Minutes April 21, 2025 Page 2 c. Agreement with Irrigation by Design for Professional Services for Irrigation Management and Maintenance Services d. Resolution Accepting Donations from Customers of Lakeville Liquors e. Resolution Appointing a Deputy Clerk f. Proposal from Webber Recreational Design, Inc. for Kensington Park Playground Equipment and Installation g. Resolution Authorizing Temporary Closing of City Streets for Pan-O-Prog Events h. Agreement with Metropolitan Council for Volunteer Lake Monitoring Program i. Proposal from St. Croix Recreation, Inc. for Marion Fields Park Playground Equipment j. Resolution Postponing the Start Time of the Monday, April 28, 2025, City Council Work Session k. Resolution Amending the 2025 Fee Schedule to Include Cannabis Retail Business Registration Fees l. An Ordinance Amending Title 8, Chapters 1 and 2 of the Lakeville City Code Concerning the Fire Department and Explosives m. Proposal from Farmers Mill and Elevator, Inc. for Grand Prairie Park Fertilizer n. Agreement with Twin Cities Recreation, Inc. for Marion Fields Park Playground Equipment Installation o. Agreement with Xcel Energy for Streetlight Replacement p. Airlake DEA 2nd Addition Final Plat q. Joint Powers Agreement with Dakota County for CSAH 70 Intersection Improvements with Lakeville 35 Logistics Center North Addition r. Joint Powers Agreement with Dakota County for Pilot Knob Road and 170th Street Traffic Signal System Improvements s. Resolution Adopting Assessments for City Improvement Project 25-02 and Repealing Resolution No. 25-053 t. Contract Amendment for Ipava Avenue Tree Watering and Maintenance Services Page 9 of 104 City Council Meeting Minutes April 21, 2025 Page 3 Motion was made by Bermel, seconded by Wolter, to approve the Consent Agenda Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 7. Action Items a. Pumpkin Creek Preliminary Plat and Rezoning David Knaeble with Civil Site Group presented to Council. The action requested would rezone property from RS-2 to RS-3 and approve the preliminary plat. Community Development Director Goodroad presented the staff report and noted that the Planning Commission unanimously recommended approval of the proposed action at their meeting. Motion was made by Bermel, seconded by Volk, to approve the following: a resolution approving the preliminary plat of Pumpkin Creek, and an ordinance amendment rezoning the property from RS-2 to RS-3, and adopt the findings of fact dated April 21, 2025. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter The motion passed. 8. Unfinished Business There was no unfinished business. 9. New Business There was no new business. 10. Announcements a. Next Work Session Meeting April 28, 2025 b. Next City Council Meeting May 5, 2025 11. Adjourn to a closed session a. Adjourn to a closed session to discuss the land acquisition of PID No. 22-73370-00- 070 and 22-00900-79-011, pursuant to Minn. Stat. 13D.05 Subd. 3(c)(3). Motion was made by Volk, seconded by Wolter, to adjourn to a closed session. Voice vote was taken on the motion. Ayes - None Council adjourned to a closed session at 6:29 PM. Respectfully Submitted, Page 10 of 104 City Council Meeting Minutes April 21, 2025 Page 4 Taylor Snider, Deputy City Clerk Luke M. Heller, Mayor Page 11 of 104 CITY OF LAKEVILLE SPECIAL CITY COUNCIL MEETING MINUTES April 21, 2025 1. Mayor Hellier called the meeting to order at 6:30 p.m. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Allyn Keunnen, Assistant City Administrator; Taylor Snider, Assistant to the City Administrator; Zach Johnson, City Engineer; Tina Goodroad, Community Development Director; Brad Paulson, Police Chief; Michael Meyer, Fire Chief; Andrea McDowell Poehler, City Attorney 2. Closed session to discuss the land acquisition of PID No. 22-73370-00-070 and 22-00900-79- 011, pursuant to Minn. Stat. 13D.05 Subd. 3(c)(3). Motion was made by Council member Volk, seconded by Bermel, to close the meeting for the purpose to discuss the land acquisition of PID No. 22-73370-00-070 and 22-00900-79- 011, pursuant to Minn. Stat. 13D.05 Subd. 3(c)(3). Roll call was taken on the motion . All voted in favor. 4. Adjourn Motion was made by Council member Wolter, seconded by Council member Lee to adjourn the meeting at 6:57 p.m. Voice vote was taken and all voted in favor. Respectfully submitted, _______________________________ __________________________________ Taylor Snider, Deputy Clerk Luke M. Hellier, Mayor Page 12 of 104 Date: 5/5/2025 FiRST Center Commissioning Agent Professional Services Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve a professional services agreement with Dunham & Associates to provide commissioning services during the construction of the FiRST Center. Overview The FiRST Center is currently under construction and when completed will be over 40,000 square feet. The building code requires the construction of any commercial building over 20,000 square feet to be reviewed by a third-party commissioning agent. During construction, a commissioning agent will work alongside our construction management team to ensure the following technical and mechanical systems are all designed, installed, tested and operate as they should: • Shooting range air filtration system for lead removal • Multi-zone heating, cooling and HVAC control systems • Building envelop construction, insulation and efficiency • Lighting control systems • Hot and cold water plumbing systems The commissioning agent will also provide staff with hands-on guidance and training in operating, maintaining and preserving these systems and provide a 10-month check-in and testing of them to ensure they are operating within their expected parameters prior to the 12- month expiration of the installation warranty. Staff, with the help of our architect, Leo A Daly, prepared an RFP and received several proposals from commissioning firms. After reviewing the proposals, staff is recommending approval of a contract with Dunham and Associates to provide commissioning services during the construction of the FiRST Center. Supporting Information 1. DOCS-#235118-v1-PROFESSIONAL_SERVICES_AGREEMENT_FINAL Dunham Signed Page 13 of 104 Financial Impact: $49,700 Budgeted: No Source: FiRST Center Project Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 14 of 104 1 235118v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 17th day of April, 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and Dunham, a Commissioning ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the following documents. In the event of conflict among the documents, the conflict shall be resolved by the order in which they are listed, with the document listed first having the first priority and the document listed last having the last priority: A. This Professional Services Agreement; B. City’s Request for Proposals for Commissioning Authority for the Lakeville FiRST Center, dated April 17, 2025; amended as attached, with new date. C. Consultant’s Proposal dated March 27, 2025 (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. SCOPE OF SERVICES. The City retains Consultant to provide commissioning authority services as provided in the Contract Documents. Consultant agrees to complete the services under this Agreement substantially within the time frames identified in the Contract Documents with a final completion date of July of 2026. 3. COMPENSATION. Consultant shall be paid Forty nine thousand seven hundred and no/100 Dollars ($49,700) by the City, which fee is inclusive of reimbursables, expenses, taxes and other charges. The fee shall not be adjusted if the estimated hours to perform a task, the number of estimated required meetings or any other estimate or assumption are exceeded. Consultant shall be paid upon full completion of the work required herein. The City will normally pay an invoice within 35 days of receipt. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 5. DOCUMENTS. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement (the “Work Product”) shall be the property of the City. The City may use the information for its purposes. The City shall be the copyright owner. The vesting of the City’s ownership of the copyright in materials created by the Consultant shall be contingent upon the City’s fulfillment of its payment obligations hereunder. The Consultant shall be allowed to use a description of the services provided hereunder, including the name of the City, and photographs or renderings of any projects which develop from the planning or other services provided by the Consultant, in the normal course of its marketing. City understands that the Work Product is intended only for the project which is the subject of its agreement and that use on any other project or modification by anyone by any one other than Consultant shall be at City’s sole risk. City agrees to indemnify and hold harmless the Consultant from any Page 15 of 104 2 235118v1 and all claims, damages, costs and liability to the extent caused by such use or modification of any of the Work Product by City or anyone on City’s behalf. onsultant from any and all claims, damages, costs and liability to the extent caused by such use or modification of any of the Work Product by City or anyone on City’s behalf. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. The provider shall indemnify and hold harmless Owner, including, but not limited to, its elected and appointed officials, officers, and employees, with respect to any claim to the extent caused by the negligence, and/or willful, wanton or reckless acts or omissions of the provider, its subcontractor, agents, servants, officers, or employees and any and all losses or liabilities resulting from any such claims, including but not limited to, damage awards, costs and reasonable attorney’s fees. This indemnification shall not be affected by any other portions of the agreement relating to insurance requirements. The provider agrees that it will procure and keep in force at all times at its own expense insurance in accordance with these specifications. 9. INSURANCE. Prior to the start of the project, Consultant shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Consultant 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 Consultant 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 Consultant 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 Page 16 of 104 3 235118v1 Except as provided below, Consultant must provide Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Consultant will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance 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 If Minnesota Statute 176.041 exempts Consultant from Workers’ Compensation insurance or if the Consultant has no employees in the City, Consultant must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Consultant from the Minnesota Workers’ Compensation requirements. If during the course of the contract the Consultant becomes eligible for Workers’ Compensation, the Consultant must comply with the Workers’ Compensation insurance requirements herein and provide the City with a certificate of insurance. Professional/Technical (Errors and Omissions) Liability Insurance This policy will provide coverage for all claims the Consultant may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Consultant’s professional services required under the contract. Consultant is required to carry the following minimum limits: $1,000,000 – per claim or event $2,000,000 – annual aggregate Any deductible will be the sole responsibility of the Consultant and may not exceed $50,000 without the written approval of the City. If the Consultant desires authority from the City to have a deductible in a higher amount, the Consultant shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the City can ascertain the ability of the Consultant to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Consultant shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Consultant to fulfill this requirement. The Consultant’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. Consultant’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. Page 17 of 104 4 235118v1 An Umbrella or Excess Liability insurance policy may be used to supplement Consultant’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. With the exception of the individuals identified in the Proposal, Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes §471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths (1.5%) percent per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 16. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. PATENTED DEVICES, MATERIALS AND PROCESES. If the contract requires, or Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be Page 18 of 104 5 235118v1 performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 18. RECORDS. Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 19. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City’s prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 20. NON-DISCRIMINATION. The Consultant agrees during the life of this Agreement not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law. The Consultant will include a similar provision in all subcontracts entered into for performance of this Agreement. 21. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or any part thereof at any time, upon written notice to Consultant, effective upon delivery including delivery by facsimile or email. In such event, Consultant will be entitled to compensation for work performed up to the date of termination based upon a pro rata basis. 22. NOTICES. All notices, demands or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent by registered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery, or by hand delivery by a reputable independent courier providing written evidence of delivery, addressed as follows: CITY: City of Lakeville 20195 Holyoke Avenue Lakeville MN 55044 Attention: City Administrator CONSULTANT: Dunham ______ 50 South Sixth Street, Suite 1100_ Minneapolis, MN 55402-1540_ Attention: ____________ Either party may change the designated recipient of notice by so notifying the other party in writing. Page 19 of 104 6 235118v1 [Remainder of page intentionally left blank] [Signature pages to follow] Page 20 of 104 7 235118v1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. By the signature of its representative below, each party affirms that it has taken all necessary action to authorize said representative to execute the Agreement. CITY OF LAKEVILLE BY: _______________________________________ Luke M. Hellier, Mayor AND Ann Orlofsky, City Clerk ______________________________________ BY: Print Name:___________________________ ITS:_______________________________________ Page 21 of 104 MARCH 27, 2025 CITY OF LAKEVILLELAKEVILLE FIRST CENTER PROPOSAL FOR COMMISSIONING SERVICES PREPARED FOR TODD LAVOLD LEO A DALY PREPARED BY MATTHEW JENSEN, PE, LEED AP BD+C DUNHAM 50 SOUTH SIXTH STREET / SUITE 1100 MINNEAPOLIS, MINNESOTA 55402 (612) 465-7639 DUNHAMENG.COM Page 22 of 104 Todd LaVold Leo A Daly SUBJECT: THE CITY OF LAKEVILLE, MN LAKEVILLE FIRST CENTER PROPOSAL FOR COMMISSIONING SERVICES Dear Mr. LaVold, Thank you for the opportunity to present our commissioning agent qualifications for the City of Lakeville, Lakeville FiRST Center project. As you will see in the attached proposal, Dunham offers a highly qualified team with extensive building commissioning experience. Chad Bolin, LEED AP BD+C, BSC CA, CxA will serve as the Lead Commissioning Agent on the project. He brings over 40 years of experience in system controls and building commissioning to your team. Chad will draw from his experience to see that the services provided by Dunham exceed your expectations. We believe in a collaborative approach to commissioning. We pride ourselves on our ability to work with the Owner, Engineer, and Contractors to lead a commissioning effort that results in systems that are correctly installed and operating per the design intent. We acknowledge that our proof of insurance meets the minimum requirement for this response. Our Certificate of Liability Insurance is attached at the end of this proposal response. During the questions window we raised the issue of insurability of the contract language. We appreciate the city’s response and being open to a negotiation of the contract language. The city should want this contract insured as much as we do. Due to personal leave, we have not been able to connect with legal counsel this week to develop our proposed revisions. Our proposal is contingent upon resolution of the contract language to make it insurable. As Principal-in-Charge, I will be your primary contact and will be responsible for the overall quality of the project. If you have any questions, you can reach me directly at (612) 465-7629, or via email at matt.jensen@dunhameng.com. Sincerely, DUNHAM ASSOCIATES, INC. Matthew L. Jensen, LEED AP BD+C President and CEO PHONE: (612) 465-7629 FAX: (612) 465-7551 EMAIL: MATT.JENSEN@DUNHAMENG.COM March 27, 2025 DUNHAM 50 South Sixth Street / Suite 1100 Minneapolis, Minnesota 55402-1540 phone (612) 465.7550 web dunhameng.com Page 23 of 104 FIRM OVERVIEw Our mission is to be the preferred partner providing quality design and exceptional client service. For over 60 years, we have worked to build long-term partnerships. Today, Dunham has over 140 professionals providing mechanical and electrical engineering services across the US and Canada. We have dedicated teams that serve the commercial, commissioning + energy, education, healthcare, mission critical, retail, and science + technology markets. We have specialists providing fire protection engineering, information + communications technology design, building commissioning, energy services, and sustainable design nested within our core disciplines. We use the latest design software and advanced modeling techniques to improve building performance and help you achieve project goals. 1960 Over 60 years of Client Service 50+ Professional Engineers (PE) 35 Accredited LEED APs We believe great engineering starts with good people. Our highly skilled staff includes 50+ registered professional engineers (PE), 35 LEED Accredited Professionals (LEED AP), two Fire Protection Engineers (FPE), three Registered Communications Distribution Designers (RCDD), two Accredited Tier Designers (ATD), and certified commissioning professionals. We are an employee-owned firm with offices in Minneapolis, Dallas, Rochester, and Sioux Falls. Our core values of integrity, quality, teamwork, and commitment, guide every project we do. Our core values of integrity, quality, teamwork, and commitment, guide every project we do. FIRM PRINCIPALS: Matthew L. Jensen Darin J. May Mark Azure Brian Burke Todd Grube Jay Rohkohl Nicolas J. Igl Joshua Kam James LeClaire Randall M. Olson Stephen J. Gentilini Gregory Steinmetz Justin Thiner Katy Gainey Page 24 of 104 PROPOSED TEAM DESIGN TEAM CONSTRUCTION TEAMCOMMISSIONING TEAM Matt Jensen, PE, LEED AP BD+C PARTNER-IN-CHARGE Chad Bolin, LEED AP BD+C, CxA, BSC CA LEAD COMMISSIONING AGENT SIGNLE POINT OF CONTACT PROPOSED TEAM Derick Podratz, QCXP, LEED AP BD+C LEAD MECHANICAL CX AGENT Wade Williams MECHANICAL CX AGENT IN ADDITION TO THE STAFF SHOWN ABOVE, DUNHAM HAS A TEAM OF 10 OTHER PROFESSIONALS WITH EXTENSIVE EXPERIENCE COMMISSIONING CRITICAL INFRASTRUCTURE PROJECTS. WE DO NOT FORESEE THE NEED FOR THEIR SUPPORT AT THIS TIME. HOWEVER, DUNHAM HAS THE STAFF NECESSARY TO SUPPORT SCHEDULE ADJUSTMENTS SHOULD THE SCHEDULE CHANGE. SUPPORT STAFF Page 25 of 104 PROPOSED TEAM Chad Bolin, LEED AP BD+C, CxA, BSC CA LEAD CX AGENT | PROJECT MANAGER Chad will be the Lead Commissioning Agent for this project as well as the single point of contact for the day-to-day management of the project. He will work with his team to analyze the design intent and construction documents, and to develop the building commissioning plan and schedule. His 30+ years of experience have given him the ability to work on many different variations of building controls. His experience in the energy retrofit field has equipped him with knowledge of how to utilize building automation controls to maximize the functionality and energy usage. Derick Podratz, QCxP, LEED AP BD+C MECHANICAL CX AGENT Derick will be a Mechanical Commissioning Agent for this project. He will use his extensive experience with HVAC controls of building systems to help ensure a successful project. This includes developing commissioning plans, and functional performance testing. Wade Williams MECHANICAL CX AGENT Wade will be a Mechanical Commissioning Agent for this project. His role includes developing commissioning plans, field work, and assisting the team with functional performance testing. Matthew L. Jensen, PE, LEED AP BD+C PARTNER IN CHARGE As Partner-In-Charge, Matt will provide overall leadership of the entire commissioning effort for Dunham. He will review the design intent and provide the overall technical quality assurance for the project. PROPOSED TEAM Page 26 of 104 PROPOSED TEAM Chad Bolin, LEED AP BD+C, CxA ASSOCIATE // COMMISSIONING AGENTCONTACT CONTACT Phone: 612.465.7678 Email: chad.bolin@dunhameng.com PROFESSIONAL CERTIFICATIONS AABC Commissioning Group: Certified Commissioning Authority (CxA) Tridium: NiagaraA X Certification USGBC: LEED AP, Building Design + Construction (LEED AP BD+C) EDUCATION Industrial Electronics - Northwestern Electronics Institute BACKGROUND Prior to joining the Dunham team, Chad worked for 26 years with a major controls company, He gained extensive experience in the technical field of the HVAC and Fire Alarm industry. Along with his broad experience in building controls, Chad has worked as a Measurement and Verification Specialist for performance contracts in educational and municipal facilities throughout the state of Minnesota. At Dunham he has been the Commissioning Authority on many significant projects. ROLE/RESPONSIBILITY Chad will be the Lead Commissioning Agent for this project and is committed to the project for both the design and construction phases. Chad will use his analytical and troubleshooting skills to evaluate system performance. His many years of experience in the HVAC industry have given him the ability to work on many different variations of building controls. His experience in the energy retrofit field has equipped him with knowledge of how to utilize building automation controls to maximize the functionality and energy usage of facilities. PROPOSED TEAM Page 27 of 104 PROPOSED TEAM Chad Bolin, LEED AP BD+C, CxA SENIOR ASSOCIATE Before joining the Dunham team, Chad worked for Honeywell International. with Honeywell, Chad gained extensive experience in the technical field of the HVAC and Fire Alarm industry. Along with his broad experience in building controls, Chad has worked as a Measurement and Verification Specialist for performance contracts in various facilities throughout the region. Since joining Dunham, Chad has been the lead Commissioning Authority over 300 projects. PROJECT EXPERIENCE City of Fridley, Fridley, MN CIVIC COMPLEX WITH CITY HALL, PUBLIC WORKS, + PUBLIC SAFETY Saint Paul Port Authority, St. Paul, MN POLICE-PUBLIC SAFETY TRAINING CENTER // B3 City of Minnetonka, Minnetonka, MN POLICE DEPARTMENT RENOVATION FIRE DEPARTMENT NEW CONSTRUCTION Murray County, Slayton, MN GOVERNMENT CENTER HVAC UPGRADES LAW ENFORCEMENT RECX Rice County, Fairbault, MN GOVERNMENT CENTER RENOVATION + ADDITION HIGHWAY DEPARTMENT RENOVATION + ADDITION City of Forest Lake, Forest Lake, MN CITY HALL + PUBLIC SAFETY BUILDING Scott County, Shakopee, MN GOVERNMENT CENTER ADDITIONS + RENOVATIONS Steele County, Owatonna, MN STEELE COUNTY PUBLIC WORKS FACILITY City of Shoreview, Shoreview, MN MAINTENANCE FACILITY ADDITION + RENOVATION The Family Partnership, Minneapolis, MN SOCIAL SERVICES HEADQUARTERS // B3 EDUCATION Industrial Electronics, Northwestern Electronics Institute, 1990 QUALIFICATIONS AABC Commissioning Group: Certified Commissioning Authority (CxA) LEED AP, Building Design + Construction (LEED AP BD+C) Tridium Niagara AX LEAD CX AGENT + PROJECT MANAGER 40+ Years of experience in mechanical engineering 300+ Cx Projects completed Page 28 of 104 PROPOSED TEAM Derick A. Podratz, QCxP, LEED AP BD+C ASSOCIATE Derick is an experienced Commissioning Agent with 25 years of experience. He will be the Lead Commissioning Agent for this project as well as the single point of contact for the day-to-day management of the project. He will work with his team to analyze the design intent and construction documents, and to develop the building commissioning plan and schedule. His 30+ years of experience have given him the ability to work on many different variations of building controls. PROJECT EXPERIENCE City of Minnetonka, Minnetonka, MN POLICE DEPARTMENT RENOVATION FIRE DEPARTMENT NEW CONSTRUCTION Lac qui Parle County, Madison, MN NEW GOVERNMENT CENTER City of Austin, Austin, MN COMMUNITY RECREATION CENTER HealthPartners Hudson Hospital, Hudson, wI EMERGENCY DEPARTMENT EXPANSION + RENOVATION L.E. Phillips Memorial Public Library, Eau Claire, wI PUBLIC LIBRARY EXPANSION Marshfield Clinic, Minocqua, wI REPLACEMENT HOSPITAL Marshfield Medical Center Neillsville, Neillsville, wI CRITICAL ACCESS HOSPITAL AND RURAL HEALTH CLINIC Memorial Medical Center, Ashland, wI SURGERY CENTER ADDITION + RENOVATION Fairmont Public Schools, Fairmont, MN TRADES BUILDING + VAN GARAGE Tomah Memorial Hospital, Tomah, wI REPLACEMENT HOSPITAL ISD 196, Twin Cities, MN 2023 REFERENDUM PROJECTS EDUCATION Bachelor of Science, Food Process Engineering, Purdue University, 1997 QUALIFICATIONS LEED Accredited Professional BD+C Qualified Commissioning Process Provider (QCxP), Uw Madison Member, United States Green Building Council Member, American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Member, Building Commissioning Association (BCA) MECHANICAL CX AGENT 28+ Years of experience in mechanical engineering 50+ Cx Projects completed Page 29 of 104 PROPOSED TEAM Wade Williams ASSOCIATE Since joining Dunham in 2014, Wade has provided commissioning services for corporate, educational, healthcare, government, and high- tech projects. wade will be a Mechanical Commissioning Agent for this project. His role includes developing commissioning plans, field work, and assisting the team with functional performance testing. PROJECT EXPERIENCE City of Fridley, Fridley, MN CIVIC COMPLEX WITH CITY HALL, PUBLIC WORKS, + PUBLIC SAFETY St. Paul Port Authority, St. Paul, MN POLICE-PUBLIC SAFETY TRAINING CENTER // B3 City of Minnetonka, Minnetonka, MN POLICE DEPARTMENT RENOVATION FIRE DEPARTMENT NEW CONSTRUCTION City of Crystal, Crystal, MN PUBLIC WORKS FACILITY City of Forest Lake, Forest Lake, MN CITY HALL + PUBLIC SAFETY BUILDING City of Rochester, Rochester, MN NORTH SERVICER CENTER + POLICE STATION Washburn Center for Children, Minneapolis, MN MENTAL HEALTH FACILITY,LEED CX // B3 City of Sartell, Sartell, MN COMMUNITY CENTER PUBLIC SAFETY CAMPUS Hennepin County, Minneapolis, MN GOVERNMENT CENTER, REHAB PLAZA PIPING GOVERNMENT CENTER, WASTE RISER UPGRADES The Family Partnership, Minneapolis, MN SOCIAL SERVICES HEADQUARTERS // B3 EDUCATION Bachelor of Science in Mechanical Engineering, University of Minnesota, Twin Cities, 2014 MECHANICAL CX AGENT 10+ Years of experience in mechanical engineering 200+ Cx Projects completed Page 30 of 104 PROjECT APPROACH PRE-CONSTRUCTION PHASE Our services will begin with the development of a Commissioning Plan that will include a schedule of commissioning activities through all phases of the project. This plan will focus on the integration of the quality process characteristics of commissioning into the project. Dunham will perform a statistically based quality design review of the MEP drawing and specifications at 100% Construction Documents prior to bidding. Our review will include identifying opportunities for utility efficiencies and efficiencies in building operations and maintenance. We will draft preliminary site specific Pre-Functional and Functional checklists for each piece of commissioned equipment and incorporate these checklists into the Commissioning Plan. Prior to the start of each phase of construction, we will plan and conduct commissioning team meetings to coordinate commissioning related activities. CONSTRUCTION PHASE During the construction phase, our commissioning team will facilitate an initial commissioning scoping meeting to further develop the commissioning plan and define the expectations of all the commissioning participants. This will include a separate session devoted specifically to the commissioning process and requirements for all contractors, subcontractors, and suppliers. Our team will then schedule and lead commissioning meetings during construction, to plan, test and coordinate future activities and resolve issues. We will review construction phase documents including the submittals and shop drawing of systems to be commissioned. Information in these documents along with construction schedules will be used to help define the start-up and functional checklists. Our commissioning staff will perform periodic site observations to review construction progress and identify issues that may impact the ability for systems to be effectively commissioned. Additionally, our team takes note of issues that may impact overall Indoor Air Quality (IAQ) such as stored equipment not having appropriate weather-proofing, or inadequate protection of installed systems prior to being placed into operation. We convey this information through site observation reports submitted in PDF format and distributed to the Cx team. Dunham updates the Cx Issues Log and distributes it along with the observation report after each site visit. As the building systems take shape, our commissioning team validates activities such as witnessing of major equipment start- up activities, and working with the TAB contractor to verify the design outside airflow measurements are achieved. Dunham will review the TAB report prior to Functional Testing. Our team will finalize the Functional Performance Tests (FPT) used to thoroughly validate system performance. Once created, our team requests that the design team review the tests to confirm that the design intent is fully understood. Once agreed upon, these tests will be scheduled for completion. Dunham will perform these tests as an independent auditor and confirm the BAS controls and T&B were completed as outlined in the construction documents. Dunham expects to complete testing on 100% of the BAS system points, 100% of the control sequences. If performance-related issues arise, the issue will be added to the Cx Issues Log. The Issues Log will be used as the method of tracking the resolution of the problem. Tests will be conducted again as needed until the expected outcome is achieved. PROJECT APPROACH Page 31 of 104 PROjECT APPROACH WARRANTY PHASE After Owner occupancy, the commissioning process is not yet complete. Our team will perform the required off-seasonal testing of the systems that may not have yet been functionally tested due to the seasonal requirements of their operation. Our intend is to perform test on the HVAC system during the peak cooling, economizer and peak heating seasons. Dunham will review and approve owner training provided by the installing contractors and manufacturers. Training will be documented and verified for conformance to the specification requirements. Video recording of the training will also be conducted and final product provided to the Owner in DVD format. A 10-month walk-through of the facility will be provided to identify issues that require resolution before the expiration of the contractor’s warranty. As we complete our final steps of documentation, our team develops the Final Commissioning Report. This report documents the entire commissioning process for the project, including review, testing results, correspondence records, and other documentation as defined by ASHRAE Guideline 0-2005. Our objective is to make this report as useful as possible for the building Owner and the building’s maintenance staff for continual use in confirming operational parameters and diagnosing system operations abnormalities, should they occur, over the entire life cycle of the building. This document also serves as the basis for any Re-commissioning activities should the Owner decide to engage in such a process at a date later in the building’s life. Dunham uses BlueRithm Commissioning software to document and track all commissioning activities throughout all phases of the project. BlueRithm provides all project stakeholders (owner, design consultants, contractors) real-time cloud-based interactive access to all project data at no cost to the commissioning team. PROJECT APPROACH Page 32 of 104 PROjECT APPROACH St. Paul Port Authority, St. Paul, MN RICHARD H. ROWAN PUBLIC SAFETY TRAINING CENTER // B3 Size 50,000 SF Cost $11,400,000 Completion October 2017 Team Involvement   Chad Bolin, Lead Cx Agent wade williams, Mech Cx Agent Matt jensen, PIC Reference Kathryn Sarnecki, Vice President Redevelopment & Harbor Management St. Paul Port Authority kls@sppa.com 651-204-6221 The new 44,000 SF Public Safety Training Center includes administrative offices, classrooms, lecture halls, gymnasium and fitness facilities, and a 12-person firing range for weapons training and certification. The project features a reconfigurable scenario-training room with movable walls to simulate different space types in preparation for the various on-the-job challenges. Dunham commissioned the HVAC and lighting controls through the design, construction, acceptance, and turnover/occupancy phases, and followed B3-MSBG guidelines. Our services included HVAC, domestic hot water system, and lighting and daylighting system controls. Our services included construction, acceptance, and turnover/ occupancy phase commissioning to ensure all systems were installed and functioning as outlined in the Owner’s Project Requirements and Basis of Design documents. Commissioned Systems Boiler // PumpS // VAV Units // Exhaust Fans // Convector Units // Make- up Air Units // Unit Heaters // De-stratification Fans // water Heater + Distribution // Lighting Controls // Daylighting Controls Page 33 of 104 PROjECT APPROACH City of Minnetonka, Minnetonka, MN PUBLIC SAFETY CENTER EXPANSION + RENOVATION Size 91,300 SF Cost $30,000,000 Completion April 2022 Team Involvement   Chad Bolin, Lead Cx Agent Derick Podratz, Mech Cx Agent wade williams, Mech Cx Agent Matt jensen, PIC Reference Kevin Maas, Facilities Manager City of Minnetonka 952-988-8412 kmaas@minnetonkamn.gov This project includes major renovations and an addition to the City of Minnetonka police and fire stations. The city will gain much need space that includes a climate-controlled garage and storage space for emergency vehicles, male and female locker rooms, as well as evidence and equipment rooms. To meet the city’s established sustainability goals, the design included a Variable Refrigerant Flow system, a high-efficiency boiler plant, new HVAC systems, and a new domestic water plant. Dunham provided commissioning during the construction, building acceptance, and occupancy phases of the project. Our services included site visits, team meetings, system start-up, functional testing of HVAC systems, 100% controls point verification, BAS sequencing, and point verification of all HVAC and Automated components. Commissioned Systems HVAC // Variable Refrigerant Flow System // High-efficiency Boiler // BAS System // Domestic water Plant Page 34 of 104 PROjECT APPROACH City of Fridley,Fridley, MN CIVIC COMPLEX CAMPUS Size 186,000 SF Cost $25,560,000 Completion 2019 Team Involvement   Chad Bolin, Lead Cx Agent wade williams, Mech Cx Agent Matt jensen, PIC Reference Jim Kosluchar, Public works Director City of Fridley jim.Kosluchar@FridleyMN.gov 763-572-3550 Dunham provided fundamental commissioning services for a new Civic Complex located at Locke Park Pointe. The campus consists of a new 84,000 SF Public Works Building, and a new 102,000 SF Public Safety building with a City Hall, Fire Department, and Police Department. City hall contains administrative offices, public services counters, conference rooms, community space, and council chambers. The police station contains records, administrative offices, investigations, squad garage, a small holding facility, sally-port, evidence processing and storage, training and fitness room, and a five-lane firing range. The fire station includes administrative offices, bunk rooms, a kitchen, day-room, training space, and a three-bay drive-through apparatus room. Commissioned Systems Air Handling Units // Roof-top Units // Make-up Air Units // Exhaust Fans // VAV Boxes // Generator // In-floor Heating // Heat Exchangers // Boilers // Unit Heaters // Energy Recovery Unit // Split Cooling Systems // Control Sequences for HVAC Systems // Lighting Controls // Daylight Harvesting System // water Heater and Recirc Pump Page 35 of 104 LUMP SUM FEE LUMP SUM FEE TOTAL LUMP SUM FEE $ 49,700 REIMBURSABLE EXPENSES Reimbursable expenses for this project are included in the fee above. These expenses include our travel, equipment, software, supplies, etc. We will not be submitting for any additional reimbursement. Page 36 of 104 HOURLY RATE SCHEDULE HOURLY RATE SCHEDULE EXECUTIVE PRINCIPAL $ 300 PRINCIPALS $ 270 COMMISSIONING SPECIALIST III $ 280 COMMISSIONING SPECIALIST II $ 250 All other employees on an hourly basis of 2.5 times direct personnel expense (DPE). Direct personnel expense is defined as the direct salaries of the employee and their mandatory and usual benefits such as taxes, vacation, sick leave, and insurance. Typical hourly billing rates for these employees are: ENGINEER IV $ 260 - 280 ENGINEER III $ 245 - 270 ENGINEER II $ 160 - 245 ENGINEER I $ 155 - 210 DESIGNER IV $ 240 - 270 DESIGNER III $ 170 - 265 DESIGNER II $ 135 - 220 DESIGNER I $ 115 - 180 COMMISSIONING SPECIALIST I $ 135 - 230 DRAFTER II $ 85 - 140 DRAFTER I $ 80 - 130 SUPPORT STAFF $ 85 - 120 Page 37 of 104 RESPONSE FORM 10 VIII. Response Form REQUEST FOR PROPOSAL LAKEVILLE FiRST CENTER BUILDING COMMISSIONING The undersigned, on behalf of the proposer, certifies that: (1) this offer is made without previous understanding, agreement or connection with any person, firm, or corporation submitting a proposal on the same project; (2) is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm in whose name the proposer is entered; (4) they have read the complete Request for Proposal and understands all provisions; (5) if accepted by the Owner, this proposal is guaranteed as written and amended and will be implemented as stated; and (6) mistakes in writing of the submitted proposal will be their responsibility. NAME DBA/SAME CONTACT ADDRESS CITY/STATE ZIP PHONE FAX STATE OF INCORPORATION or ORGANIZATION COMPANY WEBSITE ADDRESS EMAIL NUMBER OF LOCATIONS NUMBER OF PERSONS EMPLOYED TYPE OF ORGANIZATION: Public Corporation Private Corporation Sole Proprietorship Partnership Other (Describe): BUSINESS MODEL: Small Business Manufacturer Distributor Retail Dealer Other (Describe): Not a Minority-Owned Business: Minority-Owned Business: (Specify Below) African American (05) Asian Pacific (10) Subcontinent Asian (15) Hispanic (20) Native American (25) Other (30) - Please specify Not a Woman-Owned Business: Woman-Owned Business: (Specify Below) Not Minority -Woman Owned (50) African American-Woman Owned (55) Asian Pacific-Woman Owned (60) Subcontinent Asian-Woman Owned (65) Hispanic Woman Owned (70) Native American-Woman Owned (75) Other – Woman Owned (80) – Please specify ARE YOU REGISTERED TO DO BUSINESS IN THE STATE OF MN: Yes No UEI (UNIQUE ENTITY IDENTIFIER) NO. ACKNOWLEDGE RECEIPT OF ADDENDA: All addendum(s) will be emailed to RFP holders. NO. , DATED ; NO. , DATED ; NO. , DATED In submitting a proposal, vendor acknowledges all requirements, terms, conditions, and sections of this document. Proposal submission format should be by order in which sections are listed throughout the document. All minimum and general requirements should be specifically addressed and detailed in proposer’s response. Exceptions to any part of this document should be clearly delineated and detailed. Signature Title Print Name Dated Dunham Associates, Inc. Matthew L. Jensen, PE, LEED AP, BD+C 50 S 6th St. Suite 1100 Minneapolis, MN 55402 612-465-7550 612-465-7551 Minnesota www.dunhameng.com matthew.jensen@dunhameng.com 4 140 X X X X JE6GAJSHJW86 Matthew L. Jensen March 26, 2025 President and CEO Dunham Associates, Inc. Professional Services Page 38 of 104 08/27/2024 H. Robert Anderson and Associates, Inc. 8201 Norman Center Drive Suite 220 Bloomington MN 55437 Jeanne Danmeier (952) 893-1933 (952) 893-1819 Dunham Associates, Inc. 50 South 6th Street Suite 1100 Minneapolis MN 55402-1540 The Travelers Indemnity Company 25658 Travelers Property Casualty Co 25674 XL Specialty Insurance Co.37885 2024-2025 1 PL Renewed A 680 9H708972 24 05/01/2024 05/01/2025 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 B BA-7R164579-24 05/01/2024 05/01/2025 1,000,000 B 10,000 CUP 9G430427 24 05/01/2024 05/01/2025 5,000,000 5,000,000 B UB 4K625621 24 05/01/2024 05/01/2025 1,000,000 1,000,000 1,000,000 C Professional Liability DPR 5033534 09/01/2024 09/01/2025 Each Claim/$5,000,000 Each Policy Year Aggregate $10,000,000 This certificate or memorandum of insurance does not affirmatively or negatively amend, extend, or alter the coverages afforded by the insurance policies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT (Ea accident) AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe under DESCRIPTION OF OPERATIONS below $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICYNUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL &ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE $DAMAGE TO RENTED PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Non-binding copy issued for informational purposes only. Page 39 of 104 1 REQUEST FOR PROPOSAL Lakeville FiRST Center March 11, 2025 The City of Lakeville (hereinafter referred to as “Owner”) is seeking a firm or firms to provide building commissioning services. If your firm is interested in submitting a response, please do so in accordance with the instructions contained within the attached Request for Proposal. Responses are due no later than 9:00 am, March 27, 2025. All contact concerning this solicitation shall be made through the Architect, LEO A DALY. Proposers shall not contact Owner employees, department heads, using agencies, evaluation committee members or elected officials with questions or any other concerns about the solicitation. Questions, clarifications and concerns shall be submitted to the Purchasing Department in writing. Failure to comply with these guidelines may disqualify the Proposer’s response. Sincerely, Todd LaVold, AIA Sr. Project Manager Page 40 of 104 2 Table of Contents I. About this Document II. Background III. Project Objectives IV. Submittals V. Scope of Work VI. Proposal Terms A. Questions and Contact Information B. Minimum Firm Qualifications C. Evaluation Criteria D. Request for Proposal Timeline E. Contract Period and Payment Terms F. Insurance Requirements G. Indemnification H. Confidential Matters and Data Ownership I. Proposal Conditions VII. Required Response Content VIII. Response Form Page 41 of 104 3 I. About this Document This document is a Request for Proposal. It differs from a Request for Bid or Quotation in that the Owner is seeking a solution, as described on the cover page and in the following Background Information section, not a bid or quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features of the product(s) and/or service(s), of which quality, testing, references, service, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well a vendor’s approach meets the desired requirements and needs of the Owner. Criteria that will be used and considered in evaluation for award are set forth in this document. The Owner, Architect, and Construction Manager will thoroughly review all proposals received. The Architect will also utilize its best judgment when determining whether to schedule a pre-proposal conference, before proposals are accepted, or meetings with vendors, after receipt of all proposals. A Professional Services Agreement will be awarded to a qualified commissioning authority submitting the best proposal. The Owner reserves the right to select, and subsequently recommend for award, the proposed service(s) and/or product(s) which best meets its required needs, quality levels and budget constraints. The nature of this work is for a public entity and will require the expenditure of public funds and/or use of public facilities, therefore the successful proposer will understand that portions (potentially all) of their proposal may become public record at any time after receipt of proposals. Proposal responses, purchase orders and final contracts are subject to public disclosure after award. All confidential or proprietary information should be clearly denoted in proposal responses and responders should understand this information will be considered prior to release, however no guarantee is made that information will be withheld from public view. II. Background The City of Lakeville is seeking qualified firms to provide Commissioning Authority (CA)for the Lakeville FiRST Center. The awarded Commissioning Authority will act as a member of the project team during the construction of this facility. The primary role of the Commissioning Authority is to ensure that the stakeholders’ requirements developed during the planning phase, and the Design Team’s intent, are achieved through the construction and operation of the facility. The Construction Manager will mobilize in late March 2025. Substantial completion is anticipated to be in June of 2026 and final completion scheduled for July of 2026. III. Project Objectives The City of Lakeville, MN (hereinafter referred to as “Owner”) is seeking a firm or firms to provide building commissioning services. The following objectives have been identified for this contract: 1. Acquire commissioning services meeting the parameters, conditions and mandatory requirements presented in the document. 2. Establish contract pricing with the vendor that has the best proven “track-record” in performance, service and customer satisfaction. 3. Acquire commissioning services with the most advantageous overall cost to the Owner. Page 42 of 104 4 IV. Submittals Carefully review this Request for Proposal. It provides specific technical information necessary to aid participating firms in formulating a thorough response. Should you elect to participate with an electronic response, the RFP Name must be entered in the subject line and email the entire document with supplementary materials to: tblavold@leoadaly.com SUBMITTALS are due NO LATER THAN 9:00 am, Thursday, March 27. Late or incomplete responses will not be accepted and will not receive consideration for final award. V. Scope of Work Items listed in this section are requirements under this contract. Commissioning Authority shall furnish labor, parts, material, and equipment necessary to perform the following: A. Pre-Construction Phase 1. Within three (3) weeks of the contract award the Commissioning Authority shall produce a project specific commissioning plan outlining all activities, procedures, and communications for owner and contractor review. The plan shall be coordinated with the roles and responsibilities outlined in the construction documents. 2. Pre-construction phase activities shall be tailored to produce improved system coordination, project turnover, and reduced maintenance costs. As a minimum, pre-construction phase activities shall include the following: a. Provide Review of the Construction Documents and Specifications with a written report of findings. b. Prepare project specific Pre-Functional Checklists (PFCs) for each piece of equipment in the Commissioning Scope and include in the commissioning plan. c. Prepare project specific Functional Performance Tests (FPTs) that define acceptable results of the tests to be performed and include in the commissioning plan. d. Plan and conduct a pre-construction commissioning meeting prior to construction start. Meetings shall also be conducted prior to each phase of the commissioning process and during each phase of construction. Page 43 of 104 5 B. Construction Phase Activities 1. Construction phase activities shall use a technical approach, with the Commissioning Authority making field observations, conducting testing, attending onsite meetings, and administering commissioning activities. As a minimum construction phase activities shall include the following: e. Coordinate and direct the commissioning activities in conjunction with the contractor and/or construction manager. Meetings will be held as necessary to coordinate the process. f. Ensure master construction schedule contains commissioning activities and that schedule of systems to be commissioned are complete. g. Review all applicable contractor submittals. h. Review and verify O&M requirements from all applicable contractors. i. Review start-up procedure forms prior to start-up. j. Witness start-up on main equipment. k. Review start-up documentation after equipment has been started. l. Perform site visits starting with the placement of equipment to be commissioned. Perform site visits as necessary as equipment rough-in begins and the project progresses to the equipment start-up and functional testing phases. m. The CA shall execute pre-functional checklists by documenting installation of equipment and systems as they are installed. The purpose of this process will be to document that the installation is per the contact documents as the work is installed. The intent of installation verification is periodic verification conducted as the installation progresses. This is achieved through frequent site visits and contractor walks during equipment installation. Performing FIV review after installation is complete will not be adequate. n. Execute functional performance test procedures (FPTs). Test individual pieces of equipment, systems, and system integration with other systems. Prepare a testing schedule in conjunction with the construction team. Document test results and recommend system for acceptance. o. Maintain a master issues log and separate testing record. Provide to the Owner written progress reports and test results with recommended actions. p. Review testing, adjusting, and balancing (TAB) execution plan. q. Review testing, adjusting, and balancing (TAB) final report. C. Warranty Phase 1. Provide three (3) seasonal tests, peak summer, mild spring or fall in October, April, and peak winter. Coordinate this required seasonal testing with the owner and contractor. 2. Return to the site at 10 months into the 12-month warranty period and review with facility staff the current building operation and the condition of the outstanding issues related to the original and seasonal commissioning. 3. Provide a final commissioning report. 4. Provide a detailed training plan two (2) weeks prior to training taking place. a. Training to be recorded for owner use. b. Training to include detailed information on all systems and the control of those systems. SYSTEMS AND ASSEMBLIES TO BE COMMISSIONED The following systems are to be commissioned: Reference entire contract document set. Of particular note, spec sections 019113, 230100, 230800, 260933, 260942, 260943.23 A. All equipment of the heating, ventilating and air conditioning systems including, but not limited to: 1. Air Distribution System. 2. Refrigeration System. 3. Heating and Cooling Systems. 4. Domestic Circulating Hot Water and Hot Water System 5. Lighting Controls. 6. Temperature Controls System. 7. Range HVAC System. . Page 44 of 104 6 VI. Proposal Terms A. Questions and Contact Information Any questions regarding this document must be submitted via email to Todd LaVold at tblavold@leoadaly.com. Any questions of a substantive nature will be answered in written form as an addendum. B. Minimum Firm Qualifications This section lists the criteria to be considered in evaluating the ability of firms interested in providing the service(s) and/or product(s) specified in this Request for Proposal. Firms must meet or exceed these qualifications to be considered for award. Any exceptions to the requirements listed should be clearly detailed in proposer’s response. Proposers shall: 1. Have a minimum of five (5) years’ experience in providing services similar to those specified in this RFP. 2. Have an understanding of industry standards and best practices. 3. Have experience in managing a minimum of five (5) projects of comparable size and complexity to that being proposed. 4. Have knowledge of and comply with all currently applicable, and as they become enacted during the contract term, federal, state and local laws, statutes, ordinances, rules and regulations. All laws of the State of MN, whether substantive or procedural, shall apply to the contract, and all statutory, charter, and ordinance provisions that are applicable to public contracts in the [entity] shall be followed with respect to the contract. 5. Municipal government experience is desired. 6. Have the capacity to acquire all bonds, escrows or insurances as outlined in the terms of this RFP. 7. Provide project supervision (as required) and quality control procedures. 8. Have appropriate material, equipment and labor to perform specified services. 9. Park only in designated areas and display parking permit (if provided). 10. Wear company uniform or ID badge for identification purposes. 11. Certified Commissioning Authority must be a third-party vendor not associated with the general contractor or the subcontractor that is involved with the facility construction. 12. Knowledgeable in building operation and maintenance and O&M training. 13. A commissioning authority must have earned a commissioning certification from AABC, ASHRAE, NEBB, or BCA. 14. A proposer must propose to execute all phases of the commissioning in a single proposal. 15. Submit one (1) pdf file of your written technical proposal. Organize your technical proposal following the submission requirements below: a. Provide a detailed project organizational chart indicating names of dedicated project staff and their specific duties and responsibilities. b. List the key individual who will be on the Commissioning Team and describe his/her relevant qualifications and experience. This information is required in addition to any detailed resumes the proposer submits. c. Provide project and professional references and experience for three to five commissioning projects comparable in complexity. Include a description of the project and describe the involvement of each individual on the proposer’s team in the projects. Page 45 of 104 7 d. Describe your proposed project approach to managing the project expertly and efficiently, including your team participation. List key strategies and how they will generate positive project turnover. e. Provide a lump sum total fee to accomplish the work and an hourly rate for each team member. Fee shall include expenses such as mileage, airfare, lodging and per diem. f. Deliverables: i. Proposing Firm Resumes ii. Team Resume iii. Project Approach iv. Sample Tests v. Sample Plan vi. Certificate of insurance C. Evaluation Criteria The selection process will be based on the responses to this RFP. Owner staff, the Architect, and Construction Manager will judge each response as determined by the scoring criteria below. Component Description Points A. Project Approach Evaluate the firm’s project approach and understanding of the scope of services required in the RFP as evidenced by its proposal. 40 B. Commissioning Team Consider the experience and background of the personnel that shall be assigned to the project and the involvement of those persons as a team. 30 C. Cost 30 Total Points 100 Any final negotiations for services, terms and conditions will be based, in part, on the firm’s method of providing the service and the fee schedule achieved through discussions and agreement with the Owner’s review committee. The Owner is under no obligation to accept the lowest priced proposal and reserves the right to further negotiate services and costs that are proposed. The Owner also reserves the sole right to recommend for award the proposal and plan that it deems to be in its best interest. The Owner reserves the right to reject all proposals. All proposals, including supporting documentation shall become the property of the Owner. All costs incurred in the preparation of this proposal shall be the responsibility of the firm making the proposals. The Owner reserves the right to select, and subsequently recommend for award, the proposed service which best meets its required needs, quality levels and budget constraints. Page 46 of 104 8 D. Request for Proposal Timeline The following dates are provided for information purposes and are subject to change without notice. Distribution of Request for Proposal to interested parties March 11, 2025 Questions and clarifications submitted via email by 5:00 pm CST March 19, 2025 Addendum Issued by 5:00 pm CST March 21, 2025 Proposal due before 9:00 am CST March 27, 2025 Evaluation Period March 27 – April 3 Award April 21, 2025 E. Contract Period and Payment Terms A contractual period will begin following Owner approval of the successful firm(s) and continue for a period to last throughout construction and the warranty period. Owner may cancel its obligations herein upon thirty-day (30) prior written notice to the other party. Payment will be remitted following receipt of monthly detailed invoice. Page 47 of 104 9 F. Proposal Conditions a. Refer to the attached sample Professional Services Agreement at the end of this document. VII. Required Response Content All proposal submissions shall include the following: 1. Firm profile: the name of the firm, address, telephone number(s), contact person, year the firm was established, and the names of the principals of the firm. 2. The firm’s relevant experience, notably experience working with government agencies. 3. At minimum, three (3) professional references, with email addresses, telephone numbers, and contact persons where work has been completed within the last three (3) years. 4. A disclosure of any personal or financial interest in any properties in the project area, or any real or potential conflicts of interest with members of the Owner or Owner staff. 5. A description of the type of assistance that will be sought from Owner staff, including assistance required from the Architect and Construction Manager to lessen the costs of this project. 6. Proof of insurance meeting minimum insurance requirements as designated herein. 7. Those responses that do not include all required forms/items may be deemed non-responsive. Page 48 of 104 10 VIII. Response Form REQUEST FOR PROPOSAL LAKEVILLE FiRST CENTER BUILDING COMMISSIONING The undersigned, on behalf of the proposer, certifies that: (1) this offer is made without previous understanding, agreement or connection with any person, firm, or corporation submitting a proposal on the same project; (2) is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm in whose name the proposer is entered; (4) they have read the complete Request for Proposal and understands all provisions; (5) if accepted by the Owner, this proposal is guaranteed as written and amended and will be implemented as stated; and (6) mistakes in writing of the submitted proposal will be their responsibility. NAME DBA/SAME CONTACT ADDRESS CITY/STATE ZIP PHONE FAX STATE OF INCORPORATION or ORGANIZATION COMPANY WEBSITE ADDRESS EMAIL NUMBER OF LOCATIONS NUMBER OF PERSONS EMPLOYED TYPE OF ORGANIZATION: Public Corporation Private Corporation Sole Proprietorship Partnership Other (Describe): BUSINESS MODEL: Small Business Manufacturer Distributor Retail Dealer Other (Describe): Not a Minority-Owned Business: Minority-Owned Business: (Specify Below) African American (05) Asian Pacific (10) Subcontinent Asian (15) Hispanic (20) Native American (25) Other (30) - Please specify Not a Woman-Owned Business: Woman-Owned Business: (Specify Below) Not Minority -Woman Owned (50) African American-Woman Owned (55) Asian Pacific-Woman Owned (60) Subcontinent Asian-Woman Owned (65) Hispanic Woman Owned (70) Native American-Woman Owned (75) Other – Woman Owned (80) – Please specify ARE YOU REGISTERED TO DO BUSINESS IN THE STATE OF MN: Yes No UEI (UNIQUE ENTITY IDENTIFIER) NO. ACKNOWLEDGE RECEIPT OF ADDENDA: All addendum(s) will be emailed to RFP holders. NO. , DATED ; NO. , DATED ; NO. , DATED In submitting a proposal, vendor acknowledges all requirements, terms, conditions, and sections of this document. Proposal submission format should be by order in which sections are listed throughout the document. All minimum and general requirements should be specifically addressed and detailed in proposer’s response. Exceptions to any part of this document should be clearly delineated and detailed. Signature Title Print Name Dated Page 49 of 104 Date: 5/5/2025 Resolution Requesting the Minnesota Department of Transportation to Perform a Speed Zone Study for 185th Street from Kenwood Trail to Dodd Boulevard Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution requesting the Minnesota Department of Transportation to perform a speed zone study for 185th Street from Kenwood Trail to Dodd Boulevard. Overview Minnesota Statute 169.14 establishes statutory speed limits on roadways. Local authorities can request that the Minnesota Department of Transportation (MnDOT) perform engineering studies and traffic investigations to determine reasonable and safe speed limits. The segment of 185th Street between Kenwood Trail and Dodd Boulevard is under construction and will need the speed limit reviewed after all improvements are completed. A request for a speed zone study to determine the reasonable and safe speed limit based on the new conditions (and geometric design) is appropriate, and a resolution is required. Supporting Information 1. 2025.05.05_Resolution_185th Street Financial Impact: $0 Budgeted: Yes Source: N/A Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Jon Nelson, Assistant City Engineer Page 50 of 104 CITY OF LAKEVILLE RESOLUTION NO. 25- Resolution Requesting the Minnesota Department of Transportation to Perform a Speed Zone Study for 185th Street from Kenwood Trail to Dodd Boulevard WHEREAS, the Minnesota Department of Transportation Commissioner is authorized to designate speed limits on public roadways per Minnesota Statute 169.14; and WHEREAS, pursuant to State Statutes, local authorities may request that the Minnesota Department of Transportation perform an engineering and traffic investigation speed zone study when they believe the existing speed limit is greater or less than is reasonable or safe under existing conditions; and WHEREAS, Dakota County has jurisdiction over 185th Street (County State Aid Highway 60) and the City of Lakeville supports a Speed Zone Study; and WHEREAS, 185th Street between Kenwood Trail and Dodd Boulevard is being reconstructed and expanded from a two-lane undivided rural highway to a four-lane divided urban highway in 2025; and WHEREAS, the speed limit along the corridor will need to be reviewed once construction is completed as conditions along the corridor will have sufficiently changed such that an engineering study and traffic investigation is appropriate to determine reasonable and safe speed limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville, Minnesota requests that the Minnesota Department of Transportation perform an engineering study and traffic investigation for 185th Street from Kenwood Trail to Dodd Boulevard. ADOPTED by the Lakeville City Council this 5th day of May 2025. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 51 of 104 Date: 5/5/2025 Teamsters (Parks) Standby MOU Proposed Action Staff recommends adoption of the following motion: Move to approve the Teamsters (Parks) Standby MOU Overview The City of Lakeville’s Parks division wishes to add the attached memorandum of understanding (MOU) to the current contract. This MOU fully outlines a temporary standby practice specific to the Parks division. The goal of this MOU is to improve the services offered to the public. In reviewing last years’ Parks related calls- the division noticed an increased number of after- hours issues or calls from residents who utilize many of our Park’s facilities and amenities. The proposed standby policy/practice is being proposed and trialed by the Parks division in an effort to help streamline after-hours Parks calls and alleviate any maintenance needs that may be presented, in a timelier manner. The process will involve Parks Maintenance II staff to rotate a weekly standby (or on-call) status starting in May and going through most of October. This timeframe is reflective of when Parks amenities are most heavily utilized. The employee who is on standby will be given a city issued phone to be responsible for fielding Parks related needs. This phone number will be made available to the public in a couple ways. Residents can then report any Parks-related needs or issues, during designated Park hours. This practice is being aligned with an existing standby practice in effect with the Utilities division (article 27). The Utilities division only utilizes standby status for the weekends (Friday- Sunday). Because the Parks call volume may vary- the trial for the Parks division is being proposed to start as a weekly rotation. The rotation will begin on the designated first Monday, immediately following the regularly scheduled workday. It will last until the following Monday- in which, the next scheduled standby employee will be responsible for calls. Supervisory staff will continue to be responsible for fielding any issues that arise during the regularly scheduled workday. Supporting Information 1. Parks Standby MOU Page 52 of 104 Financial Impact: $9,900 Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Alissa Frey, Human Resources Director Page 53 of 104 Memorandum of Understanding Between City of Lakeville and Minnesota Teamsters Public & Law Enforcement Employees Union Local No. 320 WHEREAS, the City of Lakeville and Teamsters Local #320 agree to a trial standby practice, specifically to the Parks division. The Parks stand-by coverage will be effective May 12th, 2025, through October 27th, 2025. NOW, THEREFORE, the parties agree to the following practice for standby: Eligibility All Parks Maintenance II employees (to include Lead and Assistant to the Lead positions), who have completed six (6) months of employment are eligible for standby assignments. Employees will be assigned weekly standby for coverage of calls that occur outside their regular work schedule (article 9). Schedule and Stand-by Compensation Standby shifts shall begin at the end of the regularly scheduled shift on Monday and end at the start of the regularly scheduled shift on the following Monday. Employees assigned to be on standby shall be paid a minimum of twelve (12) hours’ pay at time and one-half (1-1/2). Employees assigned stand-by with a holiday that occurs during their assigned standby shall be paid a minimum of sixteen (16) hours at time and one-half (1-1/2) pay. If an observed holiday falls on a Monday, the outgoing employee’s standby shift shall by extended and end at the beginning of the regularly scheduled shift on Tuesday. The incoming employee’s standby shift shall begin at the end of the regularly scheduled shift on Tuesday and end at the start of the regularly scheduled shift on Monday. Bidding and Assignment of Standby Standby shift bidding will be determined by seniority in the Parks division. A standard round-robin process will be used, allowing each eligible employee to select one (1) week per round. Weeks that encompass holidays must be bid/assigned in the first round. All employees are required to select at least two (2) weeks. If unselected weeks remain after the third round, they shall be bid starting with the most senior of those required to take a shift. For example, if there are four weeks left, the bottom four in seniority will be required to bid a shift starting with the most senior of the four. Page 54 of 104 Phone Requirements A physical cell phone will be provided to the employee assigned to standby. If the employee prefers to utilize a personal cell phone, they will be required to download and install the Vonage phone app (or other method as allowed by the city’s IT department). The Vonage app will allow the employee to log-in and take ownership of the designated after-hours phone number. No additional payment will be issued for the use of a personal cell phone. Compensation for Calls and Response All phone calls from the public that require remote action or assistance shall follow article 27.4 of the existing union contract for payment. The same shall apply if the employee on standby is unable to respond and needs to utilize the overtime list to assign the call-out to another employee. When an employee on standby needs to respond to a situation in-person, article 11 (Call Back) of the existing union contract shall be followed regarding payment. Expectation of Response to Standby If a call is received that requires an in-person response, the expectation is that the employee assigned to standby may respond. If the employee assigned to standby is unable to respond (due to circumstance or specialized work area) or chooses not to respond, they must utilize the provided Parks division overtime list to find someone else who can respond. The overtime list will be accurately updated, completed, printed and provided by management to the standby employee no later than one hour before the end of the regularly scheduled workday on Monday. Work Vehicle If an employee needs to respond to an after-hours call, they should first report to the Central Maintenance Facility to obtain the appropriate work vehicle and/or equipment. Additional Support If the employee assigned to standby is unable to determine the appropriate resolution, they should immediately notify and escalate the issue to either the Parks Supervisor, Parks Superintendent or Parks & Recreation Director for appropriate resolution. Similarly, if the employee assigned to standby feels that an additional employee(s) is/are needed to respond in-person, they should allow a management position (as listed previously) to make that determination. Page 55 of 104 FOR TEAMSTERS (LOCAL #320) Dated: ______________________, 2025 By: __________________________ Business Agent Dated: ______________________, 2025 By: __________________________ Steward Dated: ______________________, 2025 By: __________________________ Steward FOR CITY OF LAKEVILLE Dated: ______________________, 2025 By: __________________________ Mayor Luke Hellier Dated: ______________________, 2025 By: __________________________ City Administrator Justin Miller Page 56 of 104 Date: 5/5/2025 Resolutions Awarding Construction Contract and Authorizing Funding for 2025 Collector Roadway Rehabilitation Proposed Action Staff recommends adoption of the following motion: Move to approve 1) resolution awarding construction contract to McNamara Contracting, Inc.; and 2) resolution authorizing funding and 2025 budget amendments and transfers for 183rd Street and Kenyon Avenue Improvements, City Project 25-03. Overview The City’s adopted 2025-2029 Capital Improvement Plan programs the annual rehabilitation of collector roadways. Proposed improvements in 2025 include the mill and overlays of 183rd Street between Ipava Avenue and Dodd Boulevard, and Kenyon Avenue between Kenwood Trail and approximately 2700 feet north, minor storm sewer improvements, select concrete curb and gutter and sidewalk replacement, and pedestrian curb ramp replacement. These streets are at the condition and age where rehabilitation is recommended. If the streets deteriorate further, a complete reconstruction would be required, costing substantially more. On Friday, April 25, 2025, the City received four bids for City Project 25-03, ranging from a low bid of $546,716.46 submitted by McNamara Contracting to a high bid of $593,369.49. The engineer's construction cost estimate was $732,506.50. The total estimated project cost is $724,431; funding sources are named in the attached Project Financing. Supporting Information 1. 2025.05.05 Resolution_Award of Contract 2. 2025.05.05 Agreement 3. 2025.04.25 Bid Tabulation 4. 2025.05.05 Resolution_Funding Authorization 5. 2025.05.05 Project Financing Financial Impact: 724,431 Budgeted: No Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Michael Kutz, Civil Engineer Page 57 of 104 CITY OF LAKEVILLE RESOLUTION NO. 25- Resolution Awarding Construction Contract for 2025 Collector Rehabilitation City Project 25-03 WHEREAS, the City of Lakeville received sealed bids on Friday, April 25, 2025, at 10:30 a.m. for the rehabilitation of Kenyon Avenue between Kenwood Trail and approximately 2700 feet north and 183rd Street between Ipava Avenue and Dodd Boulevard, City Project 25-03; and WHEREAS, the lowest responsible bid was from McNamara Contracting, Inc. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City 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 $546,716.46. The construction is proposed to be completed as specified in the contract documents. ADOPTED by the Lakeville City Council this 5th day of May 2025. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 58 of 104 Page 59 of 104 Page 60 of 104 Page 61 of 104 Page 62 of 104 Page 63 of 104 Page 64 of 104 Page 65 of 104 Bid AbstractReport Date Bid Release Bid Opening4/25/2025 4/11/2025 2025-04-25T15:30:00.000ZEngineers Estimate McNamara Contracting Inc OMG Midwest Inc. dba Minnesota Paving & Materials Northwest Asphalt, Inc. Park Construction Company Line Number Description Unit Quantity Price Total Price Total Price Total Price Total Price Total1 2021.501 MOBILIZATION LS 1 $35,000.00 $35,000.00 $12,200.00 $12,200.00 $21,000.00 $21,000.00 $18,070.00 $18,070.00 $40,165.20 $40,165.202 2104.502 SALVAGE & REINSTALL MAIL BOX & SUPPORT EA 3 $250.00 $750.00 $250.00 $750.00 $300.86 $902.58 $336.00 $1,008.00 $312.00 $936.003 2104.503 REMOVE CURB & GUTTER LF 1,667 $8.00 $13,336.00 $12.50 $20,837.50 $10.73 $17,886.91 $12.65 $21,087.55 $9.00 $15,003.004 2104.503 SAWING BITUMIMNOUS PAVEMENT (FULL DEPTH) LF 167 $4.00 $668.00 $1.00 $167.00 $4.22 $704.74 $5.00 $835.00 $2.98 $497.665 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 105 $3.00 $315.00 $1.00 $105.00 $4.22 $443.10 $6.50 $682.50 $4.25 $446.256 2104.518 REMOVE BITUMINOUS TRAIL SF 1,620 $8.00 $12,960.00 $1.50 $2,430.00 $4.90 $7,938.00 $2.00 $3,240.00 $0.88 $1,425.607 2104.518 REMOVE CONCRETE WALK SF 2,027 $12.00 $24,324.00 $2.60 $5,270.20 $6.00 $12,162.00 $1.85 $3,749.95 $1.21 $2,452.678 2106.507 EXCAVATION - COMMON CY 100 $100.00 $10,000.00 $35.00 $3,500.00 $30.00 $3,000.00 $39.50 $3,950.00 $35.55 $3,555.009 2123.61 STREET SWEEPER (WITH PICKUP BROOM) HR 50 $175.00 $8,750.00 $105.00 $5,250.00 $1.00 $50.00 $180.00 $9,000.00 $176.80 $8,840.0010 2123.51 COMMON LABORERS HR 60 $90.00 $5,400.00 $1.00 $60.00 $45.00 $2,700.00 $96.00 $5,760.00 $99.61 $5,976.6011 2123.51 STEEL-WHEELED ROLLER HR 20 $200.00 $4,000.00 $1.50 $30.00 $75.00 $1,500.00 $170.00 $3,400.00 $166.39 $3,327.8012 2123.51 SKID LOADER HR 20 $200.00 $4,000.00 $1.50 $30.00 $65.00 $1,300.00 $158.00 $3,160.00 $162.80 $3,256.0013 2130.523 WATER MGAL 100 $45.00 $4,500.00 $5.00 $500.00 $1.00 $100.00 $42.00 $4,200.00 $7.28 $728.0014 2232.604 BITUMINOUS PATCH SPECIAL SY 180 $100.00 $18,000.00 $35.00 $6,300.00 $77.00 $13,860.00 $57.60 $10,368.00 $47.04 $8,467.2015 2232.504 MILL BITUMINOUS SURFACE (2.0") SY 24,821 $2.00 $49,642.00 $2.00 $49,642.00 $1.50 $37,231.50 $1.30 $32,267.30 $1.30 $32,267.3016 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON 3,017 $85.00 $256,445.00 $74.00 $223,258.00 $78.00 $235,326.00 $82.40 $248,600.80 $87.21 $263,112.5717 2504.601 IRRIGATION SYSTEM REPAIR LS 1 $350.00 $350.00 $1,250.00 $1,250.00 $1,500.00 $1,500.00 $4,250.00 $4,250.00 $3,750.93 $3,750.9318 2521.518 5" CONCRETE WALK SF 575 $12.00 $6,900.00 $9.65 $5,548.75 $8.58 $4,933.50 $9.82 $5,646.50 $8.90 $5,117.5019 2521.518 6" CONCRETE WALK SF 1,622 $15.00 $24,330.00 $15.20 $24,654.40 $14.98 $24,297.56 $16.35 $26,519.70 $15.53 $25,189.6620 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 LF 1,398 $36.00 $50,328.00 $31.30 $43,757.40 $30.36 $42,443.28 $31.40 $43,897.20 $31.49 $44,023.0221 2531.503 CONCRETE CURB AND GUTTER DESIGN D418 LF 269 $30.00 $8,070.00 $32.00 $8,608.00 $29.85 $8,029.65 $30.80 $8,285.20 $30.96 $8,328.2422 2531.601 ADA COMPLIANCE SUPERVISOR LS 1 $5,000.00 $5,000.00 $300.00 $300.00 $1,218.49 $1,218.49 $1,250.00 $1,250.00 $1,263.80 $1,263.8023 2531.618 7" CONCRETE DRIVEWAY PAVEMENTSF 220 $20.00 $4,400.00 $14.00 $3,080.00 $13.05 $2,871.00 $22.69 $4,991.80 $13.53 $2,976.6024 2531.618 TRUNCATED DOMES SF 320 $66.00 $21,120.00 $50.00 $16,000.00 $60.92 $19,494.40 $62.00 $19,840.00 $63.19 $20,220.8025 2563.601 TRAFFIC CONTROL LS 1 $50,000.00 $50,000.00 $7,200.00 $7,200.00 $6,919.84 $6,919.84 $19,245.00 $19,245.00 $9,880.00 $9,880.0026 2573.501 EROSION CONTROL SUPERVISOR LS 1 $5,000.00 $5,000.00 $500.00 $500.00 $1,000.00 $1,000.00 $850.00 $850.00 $0.01 $0.0127 2573.502 STORM DRAIN INLET PROTECTION EACH 40 $150.00 $6,000.00 $150.00 $6,000.00 $150.00 $6,000.00 $180.00 $7,200.00 $146.64 $5,865.6028 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LF 585 $4.00 $2,340.00 $4.00 $2,340.00 $2.00 $1,170.00 $5.50 $3,217.50 $4.16 $2,433.6029 2573.503 SILT FENCE, TYPE MS LF 200 $3.00 $600.00 $5.00 $1,000.00 $4.00 $800.00 $3.10 $620.00 $8.32 $1,664.0030 2575.523 RAPID STABILIZATION METHOD 3 MGAL 5 $750.00 $3,750.00 $650.00 $3,250.00 $650.00 $3,250.00 $995.00 $4,975.00 $1,040.00 $5,200.0031 2575.604 PERMANENT TURF ESTABLISHMENT SY 841 $15.00 $12,615.00 $20.00 $16,820.00 $11.00 $9,251.00 $6.95 $5,844.95 $15.94 $13,405.5432 2582.503 4" BROKEN LINE PAINT LF 960 $0.15 $144.00 $0.23 $220.80 $0.22 $211.20 $0.23 $220.80 $0.23 $220.8033 2582.503 4" DOUBLE SOLID LINE PAINT LF 2,911 $0.65 $1,892.15 $0.46 $1,339.06 $0.44 $1,280.84 $0.46 $1,339.06 $0.46 $1,339.0634 2582.503 4" SOLID LINE PAINT LF 9,806 $0.35 $3,432.10 $0.23 $2,255.38 $0.22 $2,157.32 $0.23 $2,255.38 $0.23 $2,255.3835 2582.503 12" SOLID LINE PAINT LF 39 $3.00 $117.00 $3.15 $122.85 $3.01 $117.39 $3.30 $128.70 $3.12 $121.6836 2582.503 18" SOLID LINE PAINT LF 134 $4.00 $536.00 $3.41 $456.94 $3.26 $436.84 $3.50 $469.00 $3.38 $452.9237 2582.503 24" SOLID LINE PAINT LF 40 $4.00 $160.00 $3.67 $146.80 $3.51 $140.40 $3.70 $148.00 $3.64 $145.6038 2582.503 30" SOLID LINE PAINT LF 81 $6.00 $486.00 $3.94 $319.14 $3.76 $304.56 $3.90 $315.90 $3.90 $315.9039 2582.518 CROSSWALK PAINT SF 612 $2.50 $1,530.00 $2.62 $1,603.44 $2.51 $1,536.12 $2.65 $1,621.80 $2.60 $1,591.2040 2582.518 PAVEMENT MESSAGE PAINT SF 339 $3.75 $1,271.25 $4.20 $1,423.80 $4.01 $1,359.39 $4.25 $1,440.75 $4.16 $1,410.2441 2104.502 REMOVE CASTING (STORM) EA 8 $165.00 $1,320.00 $90.00 $720.00 $198.96 $1,591.68 $125.00 $1,000.00 $246.79 $1,974.3242 2104.502 REMOVE DRAINAGE STRUCTURE EA 2 $820.00 $1,640.00 $2,200.00 $4,400.00 $752.16 $1,504.32 $985.00 $1,970.00 $547.78 $1,095.5643 2506.502 ADJUST FRAME & RING CASTING (STORM) EA 11 $485.00 $5,335.00 $270.00 $2,970.00 $243.88 $2,682.68 $615.00 $6,765.00 $417.56 $4,593.1644 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPEC 1 (2'X3') EA 2 $3,500.00 $7,000.00 $6,300.00 $12,600.00 $5,064.52 $10,129.04 $2,641.40 $5,282.80 $3,245.57 $6,491.1445 2506.502 CASTING ASSEMBLY EA 8 $1,000.00 $8,000.00 $950.00 $7,600.00 $862.59 $6,900.72 $1,265.20 $10,121.60 $925.82 $7,406.5646 2506.602 GROUT REPAIR - STRUCTURE INTERIOR EA 31 $1,000.00 $31,000.00 $490.00 $15,190.00 $376.08 $11,658.48 $492.00 $15,252.00 $188.39 $5,840.0947 2506.602 GROUT REPAIR - ADJUSTING RINGS EA 2 $750.00 $1,500.00 $120.00 $240.00 $351.01 $702.02 $465.00 $930.00 $188.40 $376.8048 2504.502 REMOVE VALVE BOX EA 2 $350.00 $700.00 $500.00 $1,000.00 $501.44 $1,002.88 $410.00 $820.00 $173.37 $346.7449 2504.602 ADJUST VALVE BOX EA 8 $500.00 $4,000.00 $650.00 $5,200.00 $910.09 $7,280.72 $495.00 $3,960.00 $450.06 $3,600.4850 2504.602 VALVE BOX EA 2 $1,700.00 $3,400.00 $1,900.00 $3,800.00 $2,158.19 $4,316.38 $296.00 $592.00 $406.58 $813.1651 2506.502 REMOVE CASTING (SANITARY) EA 1 $200.00 $200.00 $100.00 $100.00 $275.31 $275.31 $145.00 $145.00 $179.43 $179.4352 2506.502 ADJUST FRAME & RING CASTING W/ INFI SHIELD (SANITARY) EA 13 $750.00 $9,750.00 $990.00 $12,870.00 $1,047.18 $13,613.34 $665.00 $8,645.00 $901.70 $11,722.1053 2506.502 CASTING ASSEMBLY (SANITARY) EA 1 $200.00 $200.00 $1,500.00 $1,500.00 $1,330.30 $1,330.30 $1,489.50 $1,489.50 $1,301.02 $1,301.02$732,506.50 $546,716.46 $559,815.48 $590,924.24 $593,369.49Page 66 of 104 CITY OF LAKEVILLE RESOLUTION NO. 25- Resolution Authorizing Funding and 2025 Budget Amendments and Transfers 2025 Collector Road Rehabilitation Project, City Project 25-03 WHEREAS, 2025 Collector Road Rehabilitation, City project 25-03, is programmed in the adopted Lakeville 5-year Capital Improvement Plan (2025-2029). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: The estimated project cost is $724,431 and anticipated funding sources are listed below. City staff is hereby authorized to amend the 2025 budgets (if needed as the project is completed) and make the appropriate transfers between funds with respect to the project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover engineering and other costs incurred on the project in advance of receiving other funding. ADOPTED by the Lakeville City Council this 5th day of May 2025. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Fundi ng Sour ce Am ount Pr oper t y Tax Levy (Bonds)692,007$ W at er Oper ating 13,251 Sanit ar y Sewer Oper at ing 19,174 724,431$ Page 67 of 104 Project Financing Funding for the project was programmed in the adopted Lakeville 5-year Capital Improvement Plan (2025-2029). The following is a breakdown of the anticipated costs. •Project Costs: Total Cost Type Amount Construction Contract (McNamara Contracting) $ 546,716 Engineering/design/survey costs 95,686 Bonding costs 52,968 Contingency 27,336 Other costs 1,725 $ 724,431 •Project Costs: Financing Funding Source Amount Property Tax Levy (Bonds) $ 692,007 Water Operating 13,251 Sanitary Sewer Operating 19,174 $ 724,431 Page 68 of 104 Date: 5/5/2025 Agreement with M&A Bauer Salvage for Kensington Park and Marion Fields Park Playground Removals Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with M&A Bauer Salvage for Kensington Park and Marion Fields Park playground removals. Overview The Kensington Park and Marion Fields Park playgrounds are scheduled to be replaced in 2025. Staff have been working with M&A Bauer Salvage to arrange removal of the original playground equipment from both locations at no cost to the City. The option of having the old equipment removed by an outside source is a direct cost and staff time savings to the department. The contractor benefits from the opportunity to salvage the old playground materials. The original equipment removal will be scheduled just ahead of the installation of new equipment at both locations to minimize impact to users. At this time, Staff is recommending the Mayor and City Council approve the Agreement with M&A Bauer Salvage at no cost to the City. Supporting Information 1. Playground Equipment Removal Agreement Financial Impact: $0 Budgeted: No Source: N/A Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mark Kruse, Parks Superintendent Page 69 of 104 1 235290v1 ASSET TRANSFER AGREEMENT THIS ASSET TRANSFER AGREEMENT is made this 5th day of May, 2025 by the CITY OF LAKEVILLE, Minnesota, a Minnesota municipal corporation (“City”) and M&A BAUER SALVAGE, a Minnesota corporation (“Company”) collectively referred to herein as “the Parties”. WHEREAS, Minnesota Statute § 471.345 authorizes City to enter into contracts for the sale of equipment and the alteration of real property; WHEREAS, City no longer needs certain playground equipment as a part of its operations as described on Exhibit A, attached hereto (“Playground Equipment”); WHEREAS, the Playground Equipment is worth less than $6,000.00; WHEREAS, City wishes to allow Company to remove said surplus Playground Equipment and transfer the Playground Equipment to Company under the terms and conditions set forth below; WHEREAS, Company agrees to remove and accept the Playground Equipment, under the terms and conditions set forth below; NOW, THEREFORE, in consideration of the mutual promises and other considerations exchanged by the Parties as set forth herein, City hereby transfers to, and Company hereby accepts, the Playground Equipment as follows: A. Description of the Assets. 1. Acquired Assets. As used in this agreement, the term “Playground Equipment” shall mean the equipment described in Exhibit A. 2. Exclusion of other assets. No assets of City other than the Playground Equipment are being transferred pursuant to this agreement and, therefore, under this agreement Company acquires no ownership in any assets of City other than those known herein as the Playground Equipment. B. Consideration. 1. Rather than incur the cost for demolition and removal which is anticipated to be more costly than the market value of the used equipment, the City can have the equipment disassembled and removed at no cost by Company. 2. Company shall disassemble and remove the Playground Equipment at no cost to the City. Company must provide all required machinery and transportation in order to remove the Playground Equipment. Removal of Playground Equipment must occur at Marion Fields Park by May 30, 2025. Removal of Playground Equipment Page 70 of 104 2 235290v1 must occur at Kensington Park by July 15, 2025. Company shall not remove the equipment until authorized by City. 3. Follow removal of the Playground Equipment, Company shall level the site so there are no holes. 4. Company shall not assume nor have any responsibility with respect to any obligation or debt of City. 5. The City will provide Company with a Bill of Sale wherein the City sells Landlord’s Playground Equipment to Company on an “as is where is” basis as shown in Exhibit C. C. Representations and Warranties. 1. City Representations and Warranties. City makes the following representations and warranties to Company: a. City possesses clear title to all Playground Equipment free of any claims, encumbrances, or liens of third parties. b. The Playground Equipment contain no hidden damage or defects known to City other than those disclosed in writing to Company prior to the execution of this Agreement. c. The Playground Equipment are being transferred on an “AS IS” basis, and except as expressly set forth in the preceding sentence, CITY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLAYGROUND EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, THEIR PHYSICAL CONDITION, AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE PLAYGROUND EQUIPMENT FOR ANY PARTICULAR PURPOSE, EXPRESS OR IMPLIED. COMPANY RELEASES CITY FROM ANY AND ALL CLAIMS AT LAW OR EQUITY REGARDING THE PLAYGROUND EQUIPMENT AND THEIR PHYSICAL CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 2. City Additional Representations and Warranties. No additional warranties or representations are made by City. D. Integration. This Agreement, including the attachments mentioned in the body as incorporated by reference, sets forth the entire agreement between the Parties with regard to the subject matter hereof. All prior agreements, representations, and warranties, express Page 71 of 104 3 235290v1 or implied, oral or written, with respect to the subject matter hereof, are hereby superseded by this agreement. This is an integrated agreement. E. Modification. Except as otherwise provided in this document, this agreement may be modified, superseded, or voided only upon the written and signed agreement of the Parties. Further the physical destruction or loss of this document shall not be construed as a modification or termination of the agreement contained herein. F. Insurance. The Company, at its expense, shall maintain the insurance coverage included in Exhibit B. G. Indemnification. To the fullest extent permitted by law, the Company 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 the Company’s negligence or the Company’s performance or failure to perform its obligations under this Agreement. The Company’s indemnification obligation shall apply to the Company’s subcontractor(s), or anyone directly or indirectly employed or hired by the Company, or anyone for whose acts the Company may be liable. The Company agrees this indemnity obligation shall survive the completion or termination of this Agreement. H. Acknowledgements. Each party acknowledges that they have had an adequate opportunity to read and study this agreement, to consider it, to consult with attorneys if they have so desired. IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the effective date. CITY OF LAKEVILLE M&A BAUER SALVAGE ____________________________ By ___________________________________ Luke Hellier, Mayor ___________________________ [print name] Its ______________________________ [title] ____________________________ Ann Orlofsky, City Clerk Page 72 of 104 4 235290v1 EXHIBIT A Subject Playground Equipment Kensington Park playground equipment located at 20600 Kensington Blvd, Lakeville, MN 55044. Marion Fields playground equipment located at 20711 Dodd Boulevard, Lakeville, MN 55044. Page 73 of 104 5 235290v1 EXHIBIT B Contractor’s Required Insurance The Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: A. General Liability. The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured. B. Automobile Liability. If the Contractor operates a motor vehicle in performing the Services under this Agreement, the Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. C. Workers’ Compensation. The Contractor agrees to provide workers’ compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also carry employers liability coverage 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 shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. All insurance shall be provided on an occurrence basis and not on a claims-made basis, except professional liability insurance or other coverage not reasonably available on an occurrence basis; provided that all such claims-made coverage is subject to the approval of the City. All insurance limits of any policy in excess of the minimum limits shall be available to the City. All policies, except professional liability, shall be endorsed with a waiver of subrogation in favor of the City, including its elected and appointed officials, employees, and agents for losses arising from activities under this Agreement. Deductibles and self-insured retentions in excess of $50,000 must be declared to and Page 74 of 104 6 235290v1 approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related expenses within the deductible and retention. The Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. The 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’ written notice for nonpayment of premium. The Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota, or as approved by the City. Failure to maintain required insurance coverage may result in suspension of work or termination of this Agreement. Please review these requirements with your insurance agent or broker for assurance that the mandatory types and limits of insurance coverages are in place. The City’s failure to approve or disapprove the Contractor’s policies or certificates shall not relieve the Contractor of full responsibility to maintain the required insurance. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City’s authorized representative upon written request. If the coverage period shown on the Contractor's current certificate(s) of insurance ends during the duration of the project, the Contractor must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage is in effect. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Contractor under this Agreement. The Contractor’s insurance shall not limit its indemnification obligation to the City under this Agreement. Page 75 of 104 7 235290v1 EXHIBIT C BILL OF SALE FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Seller”), owner of the following described property hereby sells, conveys, transfers and assigns to M&A Bauer Salvage (“Buyer”), on an “as is” “where is” basis without any representations or warranties except as expressly stated herein, the following personal property: playground equipment located at Lakeville, Minnesota and described on Exhibit A attached hereto and made a part hereof. Seller represents and warrants that it is the sole owner of the personal property described above, that the personal property is free from all encumbrances and that Seller has the right to sell and convey the personal property to Buyer. Buyer agrees to indemnify, hold harmless, and defend Seller, its officials, employees, contractors, or agents, against any and all claims that may arise from injuries related to the Property that may occur after the date of sale below. IN TESTIMONY WHEREOF, said Seller and Buyer have caused this Bill of Sale to be executed this 5th day of May 2025. CITY OF LAKEVILLE ____________________________ Luke Hellier, Mayor ____________________________ Ann Orlofsky, City Clerk M&A BAUER SALVAGE By: Its: ___________________________ Page 76 of 104 Date: 5/5/2025 Proposal with ECSI for Antlers Park Pavilion Surveillance System and Access Control Proposed Action Staff recommends adoption of the following motion: Overview As part of the Antlers Park Improvement and Expansion project, staff worked with ECSI to install a surveillance system and electronic card readers at the pavilion. This phase of the project would include the installation of cameras at Shelter B, installation of fiber line from the pavilion to Shelter C and installation of cat6 cabling to cameras. The expanded surveillance system will allow for better oversight of activities at the park and provide visibility to staff on emergent needs. At this time, Staff is recommending that the Mayor and City Council approve proposals from ECSI for video surveillance and door card reader installation at the Antlers Park pavilion in the amount of $27,240.00 Supporting Information 1. ECSI Antlers Park Proposal Financial Impact: $27,240.00 Budgeted: No Source: Park Improvement Fund Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Joe Masiarchin, Parks and Recreation Director Page 77 of 104 Quote: 226636 / Date: 4/15/2025 Customer ECSI 7900 Chicago Avenue S Bloomington, MN 55420, United States Prepared By: Austin Halvorson 6128345039 ahalvorson@ecsillc.com City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Trevor Stewart 952-985-2641 tastewart@lakevillemn.gov Project: City of Lakeville Antlers Park Scope of Work Provide and Install (1) QNV-7082R 4MP outdoor dome cameras for (1) picnic areas Install (2) PNM-C16083RVQ multi sensor cameras. One on a picnic shelter looking over the lake, another on a installed pole overlooking the lake. (Cameras purchased in 2024 with mounts) Provide and Install fiber optic line to one picnic shelter Provide and Install cat6 cabling to cameras Provide and Install (1) Hoffman enclosure for the picnic shelter with storage space Provide and install conduit for picnic shelter cameras Program and adjust cameras views with IT/Parks staff Excluded (-) 1.Provide all patching and painting as required 2.Provide underground conduit to Installed pole 3.Provide fiber Picnic storage closet/Pole location 4.Provide and Install light pole Notes Our proposal is valid for 30 days, based on acceptance of delivery within three months. Due to the volatility of the current market, pricing and availability of material and labor may be impacted. As always, ECSI will make every reasonable effort to hold the quoted price and provide materials and labor to meet the requirements of this project. Pricing and the availability of material and labor will need to be evaluated at the time of project award. Working hours are 6:00am - 3:30pm Monday through Friday. Page 78 of 104 Quote: 226636 / Date: 4/15/2025 Summary Cost Type Labor and Adjustments $15,810.26 Materials $11,429.74 Subtotal $27,240.00 $27,240.00 Accepted By Date Page 79 of 104 Date: 5/5/2025 Amend 2024 General Fund and Technology Fund Budgets Proposed Action Staff recommends adoption of the following motion: Move to approve the Resolution Amending the 2024 General Fund and Technology Fund Budgets. Overview The Police Department, in conjunction with the Bureau of Criminal Apprehension (BCA), has identified a need for ongoing software to meet public safety technology requirements. Although funds were originally budgeted in the Technology Fund, the City's Technology Replacement Plan is intended for hardware acquisitions only. As a result, a budget amendment is proposed to transfer $35,000 from the Technology Fund to the General Fund Police Department Operating Budget to properly account for ongoing software licensing and subscription costs. This ensures compliance with the City's financial practices and accurately categorizes operating expenses. Supporting Information 1. Res Amending 2024 Gen/Tech Fund Budgets 2. Exhibit A_2024 Budget Amendment Tech to Gen Financial Impact: $ 0 Budgeted: Yes Source: General Fund, Technology Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 80 of 104 CITY OF LAKEVILLE RESOLUTION NO. ________ Resolution Amending the 2024 General Fund and Technology Fund Budgets BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The 2024 budget for the General Fund and Technology Fund is hereby amended for the fiscal year ending December 31, 2024 as per Exhibit A, as attached hereto. ADOPTED by the Lakeville City Council this 5th day of May 2025. ________________________________ Luke M. Hellier, Mayor ________________________________ Ann Orlofsky, City Clerk Page 81 of 104 EXHIBIT A Although funds were originally budgeted in the Technology Fund, the City's Technology Replacement Plan is intended for hardware acquisitions only. As a result, a budget amendment is proposed to transfer $35,000 from the Technology Fund to the General Fund Police Department Operating Budget to properly account for ongoing software licensing and subscription costs. This ensures compliance with the City's financial practices and accurately categorizes operating expenses. JOURNAL ENTRY CITY OF LAKEVILLE JE: 00002051 Post Date: 12/31/2024 Entered By: JWERNER Entry Date: 04/29/2025 Journal: BA Description: BUDGET AMENDMENTS COUNCIL MTG 5/5/25 GL #Description DR CR 1000.1200.6281.00 PD IPS/IDS SOFTWARE 0.00 35,000.00 4125.4127.6540.00 CAP OUTLAY MACHINERY/EQUIPMENT 35,000.00 0.00 Journal Total: 35,000.00 35,000.00 Page 82 of 104 Date: 5/5/2025 Contract for Replacement of Carpetning at the Performing Art Center Proposed Action Staff recommends adoption of the following motion: Move to approve contract with Hertaus Inc., to replace carpet in the lobby, theater, and office area of the Perfoming Arts Center. Overview Last year, new carpeting was installed in the lower level of the Performance Art Center, as a plan to update the facility’s interior and improve aesthetics. The carpeting in the theater, lobby, and office was not replaced at that time and remains significantly worn, faded, and mismatched with the updated areas. To maintain a consistent appearance throughout the facility, it is recommended that the remaining carpet be replaced to match the new carpeting installed last year. This update will complete the carpeting upgrade project. Staff has obtained two quotes for the carpet work which are attached to this background. The project was programmed in the 2025 facility CIP budget. Supporting Information 1. Contract with Hertaus 2. Hertaus Quote 3. NFC Quote Financial Impact: $23,805.00 Budgeted: Yes Source: Facility CIP Envision Lakeville Community Values: Good Value for public services Report Completed by: Tom Breeggemann, Facility Supervisor Page 83 of 104 215047v2 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES AGREEMENT made this 5th day of May, 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and HERTAUS FLOORS INC., a Minnesota corporation,(“Contractor”). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Contractor’s Quote dated April 25th 2025 (Exhibit A). In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “B” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents for installation of new carpeting in the main lobby, theater, conference room, and green room, of the Lakeville Area Performing Arts Center (“Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4. COMPENSATION. Contractor shall be paid by the City for the goods and services described in Exhibit A in accordance with the Quote, but not to exceed twenty-three thousand, eight hundred and five dollars and zero cents ($23,805.00), which is inclusive of reimbursable expenses. Page 84 of 104 215047v2 2 The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before September 29th 2025. 6. WARRANTY. The Contractor guarantees that all warranties as specified in the Quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship. In addition to the warranties required in the specifications the Contractor provides the following warranties. The Contractor is responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. INSPECTION AT DELIVERY. At the point of delivery, the City will have the right inspect the goods for compliance with the Contract Documents prior to installation. As the result of the inspection, the City will: A. Accept the goods subject to an inspection report requiring correction; or B. Refuse to make payment until corrections are complete. 9. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 10. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. Page 85 of 104 215047v2 3 11. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 12. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 13. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 14. 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. 15. 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 86 of 104 215047v2 4 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. 16. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 17. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Page 87 of 104 215047v2 5 18. BACKGROUND CHECKS. The City may require from the Contractor and each Contractor’s employee written authorization permitting the City of Lakeville Police Department to perform a criminal history background check and further authorize the Police Department to release the information obtained to the Lakeville City Council, City Administrator and other appropriate employees. The City reserves the right to deny access to City facilities to those Contractors or Contractor’s employees that it deems inappropriate. 19. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 20. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 23. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 24. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 25. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or Page 88 of 104 Page 89 of 104 Proposal 4/25/2025 10:52:12 AM Page 1 6020 04/25/2025 Samantha Collier Proposal #: SaleDate: Next Install: Sales Rep: SOLD TO SHIPPED TO Lakeville Arts Center , Hertaus Floors 121 E Main Street New Prague MN 56071 952-758-5740 952-469-5123 0 MAIN AREA, ELEVATOR, LANDING, HALLS AND STEPS QUANTITY 1 Visionary, Cutting Edge 450.00 SqYrd Carpet Tile 450.00 SqYrd 2 Carpet Base, TBD 400.00 LnFt Base- New Base Installed 400.00 LnFt 5 Other Steps 1.00 Each 6 Removal and Disposal 450.00 SqYrd $22,350.00MAIN AREA, ELEVATOR, LANDING, HALLS AND STEPS Total OFFICE QUANTITY 3 Carpet Tile TBD, TBD 27.00 SqYrd Carpet Tile To match other Gray Carpet Tile 27.00 SqYrd 4 Carpet Base, TBD 60.00 LnFt Base- New Base Installed 60.00 LnFt 7 Removal and Disposal 27.00 SqYrd $1,455.00OFFICE Total $23,805.00 $0.00 $23,805.00 SubTotal: Misc Chg: Total: Comments: Please see back page for additional terms and conditions. $0.00 $23,805.00 Payments: Balance: V2022.07.26 Exhibit A Page 90 of 104 •Estimates are valid for 30 days •If Hertaus Floors is providing installation, 50% deposit is required ; 75% deposit required for cabinets. •Remaining balance due upon completion. •Payment in Full required on all Cash and Carry Purchases. •Payments accepted: Cash, check, credit cards (3% surcharge applies to credit cards starting Jan 1, 2025). •1.5% monthly service charge (18% annually) applies to unpaid balances over 30 days past due. •Installations scheduled after materials arrive; delays due to backorders communicated promptly. •Homeowners are responsible for moving furniture and ensuring clear access unless otherwise stated. •Additional charges may apply for subfloor repairs, leveling, or extra prep work. •Installation concerns must be reported within 48 hours of completion. •All orders are special orders and non-returnable. •Customers must verify order details before signing off on purchases. •Wall & Baseboard Precautions: Minor scratches from carpet backing may occur; Hertaus Floors is not liable. •Dust & Debris: Flooring removal generates dust; homeowners should protect belongings. •Tack Strips & Transitions: Tack strips may be felt in some areas; additional charges apply for custom transitions. •Seams: Seams will be visible in looped/pattern carpets and some plush carpets. Our installers will do their best to minimize the appearance of seams, but they cannot be completely invisible. •Door Clearance: Flooring height changes may require door trimming (to be done by others). •Subfloor & Leveling: If subfloor issues arise, repairs will be required at additional cost. •Floating Floors: Cabinets cannot be installed over floating floors to maintain warranty. •Tile Installations: Seasonal humidity may cause grout cracking; grout and caulking covered for one year. Trip charge will apply after. •Carpet must be professionally cleaned every 18-24 months to maintain the warranty. •Dyson vacuums are not recommended for carpets. Refer to the Carpet and Rug Institute for approved vacuums. •Protective pads should be placed on furniture legs to prevent floor damage. •Installation is warrantied for 1 year. Product is warrantied by the manufacturer. •Plumbing/electrical work must be arranged by the homeowner unless otherwise stated. By signing below, I confirm that I have reviewed, understood, and agreed to these terms. Any changes made after signing may incur additional charges and delay the installation. Customer Signature: ____________________________ Print Name: ____________________________ Date: ____________________________ Hertaus Floors - Terms & Conditions General Agreement By proceeding with Hertaus Floors, you acknowledge and agree to abide by these terms. Any changes after signing may incur additional charges and delay installation. Estimates & Payments Scheduling & Installation Product Orders & Returns Flooring & Installation Considerations Care & Warranty Compliance Agreement & Signature Coordination With Other Contractors Page 91 of 104 Proposal 4/25/2025 10:52:12 AM Page 1 6020 04/25/2025 Samantha Collier Proposal #: SaleDate: Next Install: Sales Rep: SOLD TO SHIPPED TO Lakeville Arts Center , Hertaus Floors 121 E Main Street New Prague MN 56071 952-758-5740 952-469-5123 0 MAIN AREA, ELEVATOR, LANDING, HALLS AND STEPS QUANTITY 1 Visionary, Cutting Edge 450.00 SqYrd Carpet Tile 450.00 SqYrd 2 Carpet Base, TBD 400.00 LnFt Base- New Base Installed 400.00 LnFt 5 Other Steps 1.00 Each 6 Removal and Disposal 450.00 SqYrd $22,350.00MAIN AREA, ELEVATOR, LANDING, HALLS AND STEPS Total OFFICE QUANTITY 3 Carpet Tile TBD, TBD 27.00 SqYrd Carpet Tile To match other Gray Carpet Tile 27.00 SqYrd 4 Carpet Base, TBD 60.00 LnFt Base- New Base Installed 60.00 LnFt 7 Removal and Disposal 27.00 SqYrd $1,455.00OFFICE Total $23,805.00 $0.00 $23,805.00 SubTotal: Misc Chg: Total: Comments: Please see back page for additional terms and conditions. $0.00 $23,805.00 Payments: Balance: V2022.07.26 Page 92 of 104 •Estimates are valid for 30 days •If Hertaus Floors is providing installation, 50% deposit is required ; 75% deposit required for cabinets. •Remaining balance due upon completion. •Payment in Full required on all Cash and Carry Purchases. •Payments accepted: Cash, check, credit cards (3% surcharge applies to credit cards starting Jan 1, 2025). •1.5% monthly service charge (18% annually) applies to unpaid balances over 30 days past due. •Installations scheduled after materials arrive; delays due to backorders communicated promptly. •Homeowners are responsible for moving furniture and ensuring clear access unless otherwise stated. •Additional charges may apply for subfloor repairs, leveling, or extra prep work. •Installation concerns must be reported within 48 hours of completion. •All orders are special orders and non-returnable. •Customers must verify order details before signing off on purchases. •Wall & Baseboard Precautions: Minor scratches from carpet backing may occur; Hertaus Floors is not liable. •Dust & Debris: Flooring removal generates dust; homeowners should protect belongings. •Tack Strips & Transitions: Tack strips may be felt in some areas; additional charges apply for custom transitions. •Seams: Seams will be visible in looped/pattern carpets and some plush carpets. Our installers will do their best to minimize the appearance of seams, but they cannot be completely invisible. •Door Clearance: Flooring height changes may require door trimming (to be done by others). •Subfloor & Leveling: If subfloor issues arise, repairs will be required at additional cost. •Floating Floors: Cabinets cannot be installed over floating floors to maintain warranty. •Tile Installations: Seasonal humidity may cause grout cracking; grout and caulking covered for one year. Trip charge will apply after. •Carpet must be professionally cleaned every 18-24 months to maintain the warranty. •Dyson vacuums are not recommended for carpets. Refer to the Carpet and Rug Institute for approved vacuums. •Protective pads should be placed on furniture legs to prevent floor damage. •Installation is warrantied for 1 year. Product is warrantied by the manufacturer. •Plumbing/electrical work must be arranged by the homeowner unless otherwise stated. By signing below, I confirm that I have reviewed, understood, and agreed to these terms. Any changes made after signing may incur additional charges and delay the installation. Customer Signature: ____________________________ Print Name: ____________________________ Date: ____________________________ Hertaus Floors - Terms & Conditions General Agreement By proceeding with Hertaus Floors, you acknowledge and agree to abide by these terms. Any changes after signing may incur additional charges and delay installation. Estimates & Payments Scheduling & Installation Product Orders & Returns Flooring & Installation Considerations Care & Warranty Compliance Agreement & Signature Coordination With Other Contractors Page 93 of 104 3440 Winpark Drive Suite A, New Hope, MN 55427 Estimate Date:4/21/2025 Expired Date:5/21/2025 # Lakeville Area Arts Center - 041625 - Tom Gross Bid Proposal Prepared For: Contact: Tom Breeggemann (952) 224-6219 tbreeggemann@lakevillemn.gov Jobsite: 20965 Holyoke Ave, Lakeville, MN 55044 Prepared by: Tom Gross (612) 559-3165 tom@natlflooringcontractors.com Page 94 of 104 Scope of work Per walk-through on 4/15/25: Theater, stairs to theater & landing, theater lobby & stairs to lobby area, four additional sets of stairs two of which include landings, back set of stairs to include nosings, all other stairs to keep existing nosings, and hallway including closet Note: This proposal does not include the conference room or upper-level theater lobby & balcony Exclusions Floor Prep Materials - Quantities TBD after substrate is exposed and will be billed at $120/bag NOTE: if adhesive grinding is needed, the cost for all areas on this proposal is $3,924.90 Attic stock Moving of furniture, equipment, appliances or other electrical or gas related items Moisture mitigation in the event moisture results are higher than acceptable per manufacturer Materials or labor for additional coatings, floor finishes or cleaning Touch up painting Floor covering protection Page 95 of 104 Description: Philadelphia, Visionary 54903 - 00705 Cutting Edge 18" x 36" carpet tile, 5 SY/CTN Description: 5000 carpet tile adhesive Description: Philadelphia, Color Accents BL 54584 - color TBD 5" H bound carpet base Description: Vinyl stair nosing - color Black Nosing for back stairs to lower level Description: Removal and disposal of existing carpet Description: Direct glue installation - ashlar method Direction of tile TBD Description: Direct glue installation on treads and risers Description: Installation of 5" H bound carpet base Description: Furnish and install vinyl transitions - color Black Description: Direct glue stair nosing installation SKU/Item No. Lakeville Area Arts Center Carpet Tile Carpet Tile Adhesive Carpet Wall Base Stair Nosing Demo Carpet Tile Installation Stair Carpet Tile Installation Carpet Wall Base Installation Transitions Stair Nosing Installation Page 96 of 104 Summary Subtotal $28,749.28 US$28,749.28 Accepted By Date Page 97 of 104 Scope of work Per walk-through on 4/15/25: Upper-level theater lobby, storage closet, and balcony Note: This proposal does not include the two sets of stairs to the upper-level lobby or the balcony stadium seating / stairs Exclusions Floor Prep Materials - Quantities TBD after substrate is exposed and will be billed at $120/bag NOTE: if adhesive grinding is needed, the cost for all areas on this proposal is $640.80 Attic stock Moving of furniture, equipment, appliances or other electrical or gas related items Materials or labor for additional coatings, floor finishes or cleaning Touch up painting Floor covering protection Page 98 of 104 Description: Philadelphia, Visionary 54903 - 00705 Cutting Edge 18" x 36" carpet tile, 5 SY/CTN Description: 5000 carpet tile adhesive Description: Philadelphia, Color Accents BL 54584 - color TBD 5" H bound carpet base Description: Vinyl stair nosing - color Black Nosing for top riser at lobby surface Description: Removal and disposal of existing carpet Description: Direct glue installation - ashlar method Direction of tile TBD Description: Installation of 5" H bound carpet base Description: Direct glue stair nosing installation SKU/Item No. Lakeville Area Arts Center Carpet Tile Carpet Tile Adhesive Carpet Wall Base Stair Nosing Demo Carpet Tile Installation Carpet Wall Base Installation Stair Nosing Installation Page 99 of 104 Summary Subtotal $5,200.48 US$5,200.48 Accepted By Date Page 100 of 104 Scope of work Per walk-through on 4/15/25: Conference Room Exclusions Floor Prep Materials - Quantities TBD after substrate is exposed and will be billed at $120/bag Attic stock Moving of furniture, equipment, appliances or other electrical or gas related items Moisture mitigation in the event moisture results are higher than acceptable per manufacturer Materials or labor for additional coatings, floor finishes or cleaning Touch up painting Floor covering protection Page 101 of 104 Description: Carpet tile TBD, material allowance of $25/SY Description: Carpet tile adhesive Description: Philadelphia, Color Accents BL 54584 - color TBD 5" H bound carpet base Description: Removal and disposal of existing carpet Description: Diamond grind existing adhesive Description: Direct glue installation - ashlar method Direction of tile TBD Description: Installation of 5" H bound carpet base SKU/Item No. Lakeville Area Arts Center Carpet Tile Carpet Tile Adhesive Carpet Wall Base Demo Adhesive Grinding Carpet Tile Installation Carpet Wall Base Installation Summary Subtotal $2,200.95 US$2,200.95 Accepted By Date Page 102 of 104 Terms & Conditions Payment for materials is required to be paid in full prior to product orders unless other acceptable payment terms have been agreed upon Payments for labor to be agreed upon between client and National Flooring Contractors Material warranty provided by manufacturer Labor warranty is effective for one year from specific product installation date Materials will be installed per manufacturer(s) installation instructions. Please note that improper installation or improper use of material will void manufacturer and labor warranty Access to facility after hours may be required Unforseeable substrate conditions concealed by or caused by the existing floor coverings such as asbestos, moisture, mold, mildew, subfloor failure, deteriorated subfloor or incompatible subfloor may be discovered. Upon occurrence, the work will cease and the cost of remediation or replacement along with the impact on the project schedule will be shared with client. Please note that it may be necessary to involve other parties to assess cost and proper remediation. Any change to the original scope of the project due to these circumstances will require written authorization for work to proceed. Proposal is valid until expiration date shown at the top of the Bid Proposal. In the event that the expiration date has passed additional price increases may apply. Cancelled projects will incur a cancellation fee equal to material costs incurred plus 25% of the project total Page 103 of 104 Date: 5/5/2025 Resolution Accepting Lakeville Public Safety Foundation Donation to the Lakeville Police Department for a Wellness Initiative Proposed Action Staff recommends adoption of the following motion: Move to accept a donation of $4,000 from the Lakeville Public Safety Foundation for a Wellness Coach named Johnny Surprise Overview The Lakeville Public Safety Foundation donated funds to the Lakeville Police Department for a new wellness initiative. This donation is designated to go towards a new wellness coach, Johnny Surprise. As our agency continues to grow, we have identified that prioritizing wellness is essential. We connected with our partner agency in Apple Valley and heard their positive experiences with Johnny, and through surveys of our own employees, we determined that Johnny would be a great fit for our department needs. Johnny organizes group training activities along with individual coaching sessions guilding members through fitness and nutrition plans. His mission is to empower first responders through training, motivation, and support. This funding provides the Lakeville Police Department with a four month trail with Johnny to determine if his expertise can improve the wellness within our agency. Supporting Information None Financial Impact: $4,000. Budgeted: No Source: Donation Envision Lakeville Community Values: Safety Throughout the Community A Sense of Community and Belonging Report Completed by: Chief Brad Paulson Page 104 of 104